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HomeMy Public PortalAboutPKT-CC-2020-01-14JANUARY 14, 2020 EXECUTIVE (CLOSED) SESSION 5:30 P.M. PRE -COUNCIL WORKSHOP 6:00 P.M. REGULAR CITY COUNCIL MEETING 7:00 P.M. City Council Chambers 217 East Center Street Moab, Utah 84532 Executive (Closed) Session - 5:30 p.m. Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals Pre -Council Workshop - 6:00 pm 2020 Legislative Strategy Session with Casey Hill, Red Hill Strategic Regular City Council Meeting - 7:00 p.m. Call to Order and Pledge of Allegiance Approval of Minutes Special City Council Meeting Minutes - December 2, 2019 cc -min -2019 -12 -02 final draft.pdf Special City Council Meeting Minutes - December 6, 2019 cc -min -2019 -12 -06 final draft.pdf Regular City Council Meeting Minutes - December 10, 2019 cc -min -2019 -12 -10 final draft.pdf Mayor and Council Reports Administrative Reports Citizens to Be Heard Proclamations Proclamation of January 20, 2020 as Martin Luther King Jr. Day in the City of Moab mlk day 2020.pdf Old Business Community Contributions Recommendations For FY2019 -2020 Briefing and possible action agenda summary -- community contributions fy2019 -2020.pdf community contributions 2019 -2020 council summary report -1 - 14 -2020 meeting.pdf Ordinance 2019 -30: An Ordinance Amending the City of Moab Municipal Code Section 17.31 RC Resort Commercial Zone to Allow New Hotels and Motels, Subject to Revised Development Standards Discussion only oa dev standards 1.14.2020 agenda report.pdf exhibit a ordinance 2019 -030 draft 1.8.2020.pdf exhibit b oas 2019 updated 12.31.2019.pdf exhibit c rc parcel map (1).jpg exhibit c description of rc parcels.pdf exhibit d grand county draft vfinal - oa development stds - 1.7.19.pdf New Business Confirmation of Mayoral Appointment of Luke Wojciechowski to the City Planning and Zoning Commission agenda summary sheet - confirmation of appointment of luke wojciechowski to city planning commission.pdf luke wojciechowski planning commission letter.pdf Reappointment of Arne Hultquist to the Water Conservation and Drought Management Advisory Board term commending immediately and expiring on December 31, 2022 agenda summary hultquist water board reappointment.pdf Reappointment of Kara Dohrenwend to the Water Conservation and Drought Management Advisory Board term commencing immediately and expiring on December 31, 2022 agenda summary dohrenwend water board reappointment.pdf Ordinance 2020 -01: An Ordinance Approving a Zoning Map Amendment for Property Owned by the City of Moab at 193 Walnut Lane (Mailing Addresses 250 & 280 W. Walnut Lane) from R -2 Single -Household and Two -Household Residential Zone to R -4 Manufactured Housing Residential Zone, and Amending the City of Moab Official Zoning Map Briefing and possible action walnut lane rezone cc agenda report.pdf exhibit a - 2020 -01 walnut lane zone change ordinance.pdf exhibit b - applicant statement.pdf exhibit c - property survey (1).pdf exhibit d - vicinity and uses map.pdf Ordinance 2020 -02: An Ordinance Approving a Zoning Map Amendment for Properties Owned by Community Rebuilds, from R -3 Multi -Household Residential, to C -2 Commercial Residential Zoning, and from C -2 Commercial Residential, to R -3 Multi -Household Residential Zoning; and Amending the City of Moab Official Zoning Map Briefing and possible action community rebuilds campus rezone cc agenda summary.pdf ordinance 2020 -02 community rebuilds campus zone change.pdf exhibit b cr rezone application.pdf exhibit c cr rezone narrative.pdf exhibit d cr_office_draft of property plan_02.pdf exhibit e cr_office_vicinitymap_01.pdf exhibit f cr parking survey 10 -8 -19.pdf Resolution 03 -2020: A Resolution Approving Compensation for Utility and Construction Easements for the North Sewer Trunk Line Briefing and possible action compensation for utility and construction easements for the north sewer trunk line agenda summary.pdf attachment 1 - resolution no. 03 -2020 compensation for utility and construction easements for the north sewer trunk line.pdf attachment 2 - north sewer trunk line easements and agreements.pdf Review of Council Member Community Organization Liaison and Board Assignments agenda summary sheet - board and commission liaison designations.pdf resolution - community board liaison designations.pdf attachment a - list of designated liaisons for community boards and organizations .pdf 9 -2018.pdf Appointment of the 2020 Mayor Pro Tem Appointment of the Council Member Responsible for Reviewing the City's Bills in 2020 Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1. 1.1. 2. 2.1. 3. 4. 5. 5.1. Documents: 5.2. Documents: 5.3. Documents: 6. 7. 8. 9. 9.1. Documents: 10. 10.1. Documents: 10.2. Documents: 11. 11.1. Documents: 11.2. Documents: 11.3. Documents: 11.4. Documents: 11.5. Documents: 11.6. Documents: 11.7. Documents: 11.8. 11.9. 12. 13. JANUARY 14, 2020EXECUTIVE (CLOSED) SESSION 5:30 P.M.PRE -COUNCIL WORKSHOP 6:00 P.M.REGULAR CITY COUNCIL MEETING 7:00 P.M.City Council Chambers 217 East Center Street Moab, Utah 84532Executive (Closed) Session - 5:30 p.m.Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or IndividualsPre-Council Workshop - 6:00 pm2020 Legislative Strategy Session with Casey Hill, Red Hill StrategicRegular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceApproval of MinutesSpecial City Council Meeting Minutes - December 2, 2019cc-min -2019 -12 -02 final draft.pdfSpecial City Council Meeting Minutes - December 6, 2019cc-min -2019 -12 -06 final draft.pdfRegular City Council Meeting Minutes - December 10, 2019cc-min -2019 -12 -10 final draft.pdfMayor and Council ReportsAdministrative Reports Citizens to Be Heard Proclamations Proclamation of January 20, 2020 as Martin Luther King Jr. Day in the City of Moab mlk day 2020.pdf Old Business Community Contributions Recommendations For FY2019 -2020 Briefing and possible action agenda summary -- community contributions fy2019 -2020.pdf community contributions 2019 -2020 council summary report -1 - 14 -2020 meeting.pdf Ordinance 2019 -30: An Ordinance Amending the City of Moab Municipal Code Section 17.31 RC Resort Commercial Zone to Allow New Hotels and Motels, Subject to Revised Development Standards Discussion only oa dev standards 1.14.2020 agenda report.pdf exhibit a ordinance 2019 -030 draft 1.8.2020.pdf exhibit b oas 2019 updated 12.31.2019.pdf exhibit c rc parcel map (1).jpg exhibit c description of rc parcels.pdf exhibit d grand county draft vfinal - oa development stds - 1.7.19.pdf New Business Confirmation of Mayoral Appointment of Luke Wojciechowski to the City Planning and Zoning Commission agenda summary sheet - confirmation of appointment of luke wojciechowski to city planning commission.pdf luke wojciechowski planning commission letter.pdf Reappointment of Arne Hultquist to the Water Conservation and Drought Management Advisory Board term commending immediately and expiring on December 31, 2022 agenda summary hultquist water board reappointment.pdf Reappointment of Kara Dohrenwend to the Water Conservation and Drought Management Advisory Board term commencing immediately and expiring on December 31, 2022 agenda summary dohrenwend water board reappointment.pdf Ordinance 2020 -01: An Ordinance Approving a Zoning Map Amendment for Property Owned by the City of Moab at 193 Walnut Lane (Mailing Addresses 250 & 280 W. Walnut Lane) from R -2 Single -Household and Two -Household Residential Zone to R -4 Manufactured Housing Residential Zone, and Amending the City of Moab Official Zoning Map Briefing and possible action walnut lane rezone cc agenda report.pdf exhibit a - 2020 -01 walnut lane zone change ordinance.pdf exhibit b - applicant statement.pdf exhibit c - property survey (1).pdf exhibit d - vicinity and uses map.pdf Ordinance 2020 -02: An Ordinance Approving a Zoning Map Amendment for Properties Owned by Community Rebuilds, from R -3 Multi -Household Residential, to C -2 Commercial Residential Zoning, and from C -2 Commercial Residential, to R -3 Multi -Household Residential Zoning; and Amending the City of Moab Official Zoning Map Briefing and possible action community rebuilds campus rezone cc agenda summary.pdf ordinance 2020 -02 community rebuilds campus zone change.pdf exhibit b cr rezone application.pdf exhibit c cr rezone narrative.pdf exhibit d cr_office_draft of property plan_02.pdf exhibit e cr_office_vicinitymap_01.pdf exhibit f cr parking survey 10 -8 -19.pdf Resolution 03 -2020: A Resolution Approving Compensation for Utility and Construction Easements for the North Sewer Trunk Line Briefing and possible action compensation for utility and construction easements for the north sewer trunk line agenda summary.pdf attachment 1 - resolution no. 03 -2020 compensation for utility and construction easements for the north sewer trunk line.pdf attachment 2 - north sewer trunk line easements and agreements.pdf Review of Council Member Community Organization Liaison and Board Assignments agenda summary sheet - board and commission liaison designations.pdf resolution - community board liaison designations.pdf attachment a - list of designated liaisons for community boards and organizations .pdf 9 -2018.pdf Appointment of the 2020 Mayor Pro Tem Appointment of the Council Member Responsible for Reviewing the City's Bills in 2020 Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.2.2.1.3.4.5.5.1.Documents:5.2.Documents:5.3.Documents:6.7. 8. 9. 9.1. Documents: 10. 10.1. Documents: 10.2. Documents: 11. 11.1. Documents: 11.2. Documents: 11.3. Documents: 11.4. Documents: 11.5. Documents: 11.6. Documents: 11.7. Documents: 11.8. 11.9. 12. 13. JANUARY 14, 2020EXECUTIVE (CLOSED) SESSION 5:30 P.M.PRE -COUNCIL WORKSHOP 6:00 P.M.REGULAR CITY COUNCIL MEETING 7:00 P.M.City Council Chambers 217 East Center Street Moab, Utah 84532Executive (Closed) Session - 5:30 p.m.Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or IndividualsPre-Council Workshop - 6:00 pm2020 Legislative Strategy Session with Casey Hill, Red Hill StrategicRegular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceApproval of MinutesSpecial City Council Meeting Minutes - December 2, 2019cc-min -2019 -12 -02 final draft.pdfSpecial City Council Meeting Minutes - December 6, 2019cc-min -2019 -12 -06 final draft.pdfRegular City Council Meeting Minutes - December 10, 2019cc-min -2019 -12 -10 final draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardProclamationsProclamation of January 20, 2020 as Martin Luther King Jr. Day in the City of Moab mlk day 2020.pdfOld BusinessCommunity Contributions Recommendations For FY2019 -2020Briefing and possible actionagenda summary -- community contributions fy2019 -2020.pdfcommunity contributions 2019 -2020 council summary report -1 -14 -2020 meeting.pdfOrdinance 2019 -30: An Ordinance Amending the City of Moab Municipal Code Section 17.31 RC Resort Commercial Zone to Allow New Hotels and Motels, Subject to Revised Development StandardsDiscussion only oa dev standards 1.14.2020 agenda report.pdfexhibit a ordinance 2019 -030 draft 1.8.2020.pdfexhibit b oas 2019 updated 12.31.2019.pdfexhibit c rc parcel map (1).jpgexhibit c description of rc parcels.pdfexhibit d grand county draft vfinal - oa development stds -1.7.19.pdfNew BusinessConfirmation of Mayoral Appointment of Luke Wojciechowski to the City Planning and Zoning Commissionagenda summary sheet - confirmation of appointment of luke wojciechowski to city planning commission.pdfluke wojciechowski planning commission letter.pdfReappointment of Arne Hultquist to the Water Conservation and Drought Management Advisory Board term commending immediately and expiring on December 31, 2022 agenda summary hultquist water board reappointment.pdfReappointment of Kara Dohrenwend to the Water Conservation and Drought Management Advisory Board term commencing immediately and expiring on December 31, 2022 agenda summary dohrenwend water board reappointment.pdf Ordinance 2020 -01: An Ordinance Approving a Zoning Map Amendment for Property Owned by the City of Moab at 193 Walnut Lane (Mailing Addresses 250 & 280 W. Walnut Lane) from R -2 Single -Household and Two -Household Residential Zone to R -4 Manufactured Housing Residential Zone, and Amending the City of Moab Official Zoning Map Briefing and possible action walnut lane rezone cc agenda report.pdf exhibit a - 2020 -01 walnut lane zone change ordinance.pdf exhibit b - applicant statement.pdf exhibit c - property survey (1).pdf exhibit d - vicinity and uses map.pdf Ordinance 2020 -02: An Ordinance Approving a Zoning Map Amendment for Properties Owned by Community Rebuilds, from R -3 Multi -Household Residential, to C -2 Commercial Residential Zoning, and from C -2 Commercial Residential, to R -3 Multi -Household Residential Zoning; and Amending the City of Moab Official Zoning Map Briefing and possible action community rebuilds campus rezone cc agenda summary.pdf ordinance 2020 -02 community rebuilds campus zone change.pdf exhibit b cr rezone application.pdf exhibit c cr rezone narrative.pdf exhibit d cr_office_draft of property plan_02.pdf exhibit e cr_office_vicinitymap_01.pdf exhibit f cr parking survey 10 -8 -19.pdf Resolution 03 -2020: A Resolution Approving Compensation for Utility and Construction Easements for the North Sewer Trunk Line Briefing and possible action compensation for utility and construction easements for the north sewer trunk line agenda summary.pdf attachment 1 - resolution no. 03 -2020 compensation for utility and construction easements for the north sewer trunk line.pdf attachment 2 - north sewer trunk line easements and agreements.pdf Review of Council Member Community Organization Liaison and Board Assignments agenda summary sheet - board and commission liaison designations.pdf resolution - community board liaison designations.pdf attachment a - list of designated liaisons for community boards and organizations .pdf 9 -2018.pdf Appointment of the 2020 Mayor Pro Tem Appointment of the Council Member Responsible for Reviewing the City's Bills in 2020 Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.2.2.1.3.4.5.5.1.Documents:5.2.Documents:5.3.Documents:6.7.8.9.9.1.Documents:10.10.1.Documents:10.2.Documents:11.11.1.Documents:11.2.Documents:11.3.Documents: 11.4. Documents: 11.5. Documents: 11.6. Documents: 11.7. Documents: 11.8. 11.9. 12. 13. JANUARY 14, 2020EXECUTIVE (CLOSED) SESSION 5:30 P.M.PRE -COUNCIL WORKSHOP 6:00 P.M.REGULAR CITY COUNCIL MEETING 7:00 P.M.City Council Chambers 217 East Center Street Moab, Utah 84532Executive (Closed) Session - 5:30 p.m.Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or IndividualsPre-Council Workshop - 6:00 pm2020 Legislative Strategy Session with Casey Hill, Red Hill StrategicRegular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceApproval of MinutesSpecial City Council Meeting Minutes - December 2, 2019cc-min -2019 -12 -02 final draft.pdfSpecial City Council Meeting Minutes - December 6, 2019cc-min -2019 -12 -06 final draft.pdfRegular City Council Meeting Minutes - December 10, 2019cc-min -2019 -12 -10 final draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardProclamationsProclamation of January 20, 2020 as Martin Luther King Jr. Day in the City of Moab mlk day 2020.pdfOld BusinessCommunity Contributions Recommendations For FY2019 -2020Briefing and possible actionagenda summary -- community contributions fy2019 -2020.pdfcommunity contributions 2019 -2020 council summary report -1 -14 -2020 meeting.pdfOrdinance 2019 -30: An Ordinance Amending the City of Moab Municipal Code Section 17.31 RC Resort Commercial Zone to Allow New Hotels and Motels, Subject to Revised Development StandardsDiscussion only oa dev standards 1.14.2020 agenda report.pdfexhibit a ordinance 2019 -030 draft 1.8.2020.pdfexhibit b oas 2019 updated 12.31.2019.pdfexhibit c rc parcel map (1).jpgexhibit c description of rc parcels.pdfexhibit d grand county draft vfinal - oa development stds -1.7.19.pdfNew BusinessConfirmation of Mayoral Appointment of Luke Wojciechowski to the City Planning and Zoning Commissionagenda summary sheet - confirmation of appointment of luke wojciechowski to city planning commission.pdfluke wojciechowski planning commission letter.pdfReappointment of Arne Hultquist to the Water Conservation and Drought Management Advisory Board term commending immediately and expiring on December 31, 2022 agenda summary hultquist water board reappointment.pdfReappointment of Kara Dohrenwend to the Water Conservation and Drought Management Advisory Board term commencing immediately and expiring on December 31, 2022 agenda summary dohrenwend water board reappointment.pdfOrdinance 2020 -01: An Ordinance Approving a Zoning Map Amendment for Property Owned by the City of Moab at 193 Walnut Lane (Mailing Addresses 250 & 280 W. Walnut Lane) from R -2 Single -Household and Two -Household Residential Zone to R -4 Manufactured Housing Residential Zone, and Amending the City of Moab Official Zoning MapBriefing and possible actionwalnut lane rezone cc agenda report.pdfexhibit a - 2020 -01 walnut lane zone change ordinance.pdfexhibit b - applicant statement.pdfexhibit c - property survey (1).pdfexhibit d - vicinity and uses map.pdfOrdinance 2020 -02: An Ordinance Approving a Zoning Map Amendment for Properties Owned by Community Rebuilds, from R -3 Multi -Household Residential, to C -2 Commercial Residential Zoning, and from C -2 Commercial Residential, to R -3 Multi -Household Residential Zoning; and Amending the City of Moab Official Zoning MapBriefing and possible actioncommunity rebuilds campus rezone cc agenda summary.pdfordinance 2020 -02 community rebuilds campus zone change.pdfexhibit b cr rezone application.pdfexhibit c cr rezone narrative.pdfexhibit d cr_office_draft of property plan_02.pdfexhibit e cr_office_vicinitymap_01.pdfexhibit f cr parking survey 10 -8 -19.pdfResolution 03 -2020: A Resolution Approving Compensation for Utility and Construction Easements for the North Sewer Trunk LineBriefing and possible actioncompensation for utility and construction easements for the north sewer trunk line agenda summary.pdfattachment 1 - resolution no. 03 -2020 compensation for utility and construction easements for the north sewer trunk line.pdfattachment 2 - north sewer trunk line easements and agreements.pdfReview of Council Member Community Organization Liaison and Board Assignments agenda summary sheet - board and commission liaison designations.pdfresolution - community board liaison designations.pdfattachment a - list of designated liaisons for community boards and organizations .pdf9-2018.pdfAppointment of the 2020 Mayor Pro Tem Appointment of the Council Member Responsible for Reviewing the City's Bills in 2020 Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.2.2.1.3.4.5.5.1.Documents:5.2.Documents:5.3.Documents:6.7.8.9.9.1.Documents:10.10.1.Documents:10.2.Documents:11.11.1.Documents:11.2.Documents:11.3.Documents:11.4.Documents:11.5.Documents:11.6.Documents:11.7.Documents:11.8. 11.9. 12. 13. Page 1 of 5 December 2, 2019 MOAB CITY COUNCIL MINUTES--DRAFT SPECIAL COUNCIL MEETING December 2, 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. An audio recording of the evening meeting is archived at: https://www.utah.gov/pmn/index.html and a video recording is archived at: https://www.youtube.com/watch?v= Jh7sDj059vQ . Special Meeting—Attendance:  The meeting began at 6:03 PM. In attendance were Mayor Emily Niehaus and Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd and Kalen Jones. Councilmember Karen Guzman-Newton arrived at 6:21 PM. Staff in attendance were City Manager Joel Linares, Assistant City Manager Carly Castle, City Attorney Laurie Simonsen, Planner Nora Shepard, Assistant Planner Cory Shurtleff, City Recorder Sommar Johnson and Deputy City Recorder Joey Allred. Nine members of the public and media were present. Proposed Ordinance 2019-30: An Ordinance Amending the City of Moab Municipal Code, Sections 17.31 RC Commercial Zone to Allow New Overnight Accommodations, Subject to Revised Development Standards: Continued discussion and review of Planning Commission recommendation: Planner Shepard reported that she had amended the draft code so that it only modifies the RC zone at this time. She clarified items in the code such as the water catchment system, transportation requirements, building height and the additional story. She also researched other communities who meter overnight accommodations and found that the city of Santa Cruz, NM does so, but it is for Air B&B’s only and it’s first come first served. Charleston, SC also does metering. They had a moratorium for a while and settled on changing the zoning in some areas and then rezoning them back when they need more properties for overnight accommodations. While she found many communities, who are grappling with overnight accommodations, no one has figured out how to meter it yet. In talking with both the Council and the Commission it sounded like they need to talk about using renewable energy, such as Blue-Sky credits Mayor Niehaus said that they should start by discussing metering. Councilmembers gave examples of the communities that they had researched that have tried some sort of metering. Councilmember Derasary said that Alta, UT monitors by water hookups. Shepard said that the concern is that metering can get very complicated and you have to have a rational nexus. Linares said that they had looked at this issue as staff to figure out how these RC zones are going to work. They talked about just using the requirements that are being put into place and use those as a form of metering to start with and see if those restrictions are tailoring enough of a hurdle for people to apply for their hotel permit and see if that will work. If not, they can bring it back and look at it again later. He recommended holding off on metering until they see how the tailored requirement affects applications. If the tailoring cuts back on the applications, they won’t need metering. The problem with the metering program is the money that will go into setting one up properly and the lack of staff to oversee the program. He used Tahoe, CA as an example, stating that the metering program there is a full-time job. Mayor Niehaus noted that there are not a lot of parcels left in the RC zone for overnight accommodation, but a few are fairly large. She recommended that if the City does meter, that they do it by zone because they are introducing by zone and she believes that would be a cleaner way of going about it. However, Page 2 of 5 December 2, 2019 she believes that stricter standards can be a form of metering in a cleaner way that gives developers a clearer understanding of what they can and can’t do. Shepard is feeling cautious about moving forward with something that they really don’t understand, like metering, with the legal issues that have presented themselves with the assured housing ordinance. Councilmember Duncan would like to see metering with strict buildout limits. He said that they need to eliminate some variables to be able to get anything done. It is possible that Moab will end up being subject to traffic congestion no matter what they do. He asked for counsel from the City Attorney. Simonsen said that the City is in uncharted territory and that is when you are in greater risk. She said that if Moab was one of the first communities to start metering, the City will assume more risk. She believes that developers and builders should be consulted as they move forward with standards. Mayor Niehaus stated that if having stiff standards with things like parking, transportation and water, and the standards fit what the Council is trying to mitigate, perhaps they are getting close to encouraging building that they want to see rather than just saying “no” to overnight accommodation. There was discussion regarding greywater use for commercial development. Mayor Niehaus said that the City should consider hosting a presentation on greywater and invite Orion Rogers with the Southeast Utah Health Department to give a presentation. Simonsen said that there are tools that can be used other than metering, such as a Transportation Demand Management Development Plan where the developer comes up with a plan of how they are going to mitigate the traffic impacts of the development. Some things are harder to implement in some circumstances. Extensive discussion followed regarding hotels offering some sort of transportation, allowing employees to shower at work, composting etc. The discussion moved on to energy efficiency. Mayor Niehaus conceded on requiring 80% on site renewable energy. She said that as long as it’s 100% net renewable in some way, it reaches the goal. If they do that on site or get something like Subscriber Solar through Rocky Mountain Power that is their choice. Councilmember Derasary feels that with the City’s commitments, with VCAP and with the Mountain Towns Climate Change Conference, they all know how intense the situation is and she is hesitant to reduce standards. She would like to have a recommendation on RECS (Renewable Energy Certificates). She said that the constituents that she represents want metering and she doesn’t see how they can move ahead without some kind of metering cap. Councilmember Jones said that he couldn’t find examples of metering but did find overlays that had been sent back for sloppy legislative solutions. For parcels with less developable land in RC, he’s fine with standards. However, he wants something else for the other zones. He said that anything that imposes an economic cost is an effective form of metering. Mayor Niehaus asked if the Council was comfortable with Councilmember Jones’s recommendation. They agreed that they were. Shepard stated that she had not been in favor of overlay zones because it can be very subjective and get messy. However, it could be a way for the City to control the numbers, but it is challenging. Mayor Niehaus asked how Council felt on the matter. Councilmember Derasary was still uncomfortable moving forward without metering and would like data on what a full build out would look like and how many more units they may be looking at. Mayor Niehaus said that may be an impossible question to answer. Councilmember Jones thought that they should be able to come up with an estimate. Shepard said that she would need guidance on what to base standards on from Council. Councilmember Guzman- Newton was concerned about just letting overnight accommodation continue to grow due its effects on infrastructure and she would like some kind of metering through water or sewer or something similar. Councilmember Knuteson-Boyd said that she wants to be able to “tie what happens with the infrastructure that we have.” She needs something measurable to refer back to and asked if they were keeping with the historic style of Moab and keep the development to the size of the Apache Motel or something else? She would like to have more information on what they can tie it to. Councilmember Derasary was curious to look at Alta’s model again in case it is Page 3 of 5 December 2, 2019 relevant. Castle said that Alta’s limit on what they can build there isn’t based on zoning. It’s based on a water contract that they have with Salt Lake City, so it’s a completely different mechanism and Salt Lake City has capped it at a 1991 level. Salt Lake City has a lot of control as a contracting entity and has been sued constantly over that for the past 30 years. Mayor Niehaus said that they need to make a decision so that they could move forward. She pulled the Council’s recommendations together and stated that they needed to come up with standards, get the number of buildouts estimate and maybe find a place where they can amend the ordinance to allow overnight accommodation, or not, or close the door on it. Councilmember Guzman- Newton was concerned about the properties that could subdivide and Linares said that was where the square footage restriction would come in. Councilmember Jones thought they should talk about more specific standards based on information that is going to be generated and circle back at the end of the meeting. Councilmember Duncan asked if they could legally meter the vested projects. He said that he doesn’t think that those projects in the pipeline can be held to the metering after the fact. Commission member Brown told Council what the Planning Commission had discussed. She suggested that they could hold off on metering, but they could move ahead with development standards. One of the Commissions suggestions was that no new development should be allowed to move ahead. There was discussion regarding the legality of that. Mayor Niehaus said that to decide very clearly, they needed to know if they set a certain number of rooms per year as a limit, would it be legal, and would it be enforceable? Linares said that it would be fairly easy to enforce, but they would have to show a rationale relation to the restriction that they were using against the development for it to be legal. There was extensive discussion regarding possible rationale and the studies, and the cost of those studies, that would need to be done to support that rationale. Council moved on to energy standards. Councilmember Jones feels like the 80% is achievable, but the need for documentation needs to be firmed up. If they are not going to ask for certification, perhaps they should have better pre-building permit documentation requirements. That documentation could include energy modeling, overall site energy use and their solar system at design and then have a post occupancy evaluation and if they are below 80% at that time, then they would need to get RECS to make up the difference. He is concerned about mandating that the developers use RECS, and specifically the Community Renewable Energy Act provisions as it is explicit and has an opt out provision. He wants 80% renewable energy on-site (subscriber solar would be sufficient). Councilmember Duncan said he had asked someone in building how easy it would be to try to build to 80% renewable energy, but they really won’t be able to see what has been used until after the first year and asked Councilmember Jones what they would do if they came in at under the 80%? Councilmember Jones said that they could submit a pre-building permit and submit energy-modeling and if they come in at under 80% at the end of the year, they have to buy RECS to make up the difference. EN thinks that it will limit the size of what gets built. It was agreed to move forward with 80% on-site renewable energy with 100% required and they can buy it if they can’t produce it. That ties back to the conservation goal of their overnight accommodation standards. Council moved onto Water. Mayor Niehaus stated that there is a maximum amount of water that you can capture and store of rainwater catchment for landscaping, but they could also require greywater and it hadn’t been mentioned. Councilmember Knuteson-Boyd wanted to know what the Council would do with any greywater that they don’t use. Councilmember Guzman-Newton wanted to talk to Greg Fosse to see if the new hotels use greywater for landscaping, would it affect the sewer plant and the water needed for it? Council agreed on recommending that rainwater catchment for landscaping and that implementation of some kind of greywater standard be included. This would also tie to conservation efforts. Page 4 of 5 December 2, 2019 The landscaping efforts need to be updated. Councilmember Jones started with transportation. He read out “the alternative overall overnight accommodation development could be required to provide a narrative and transportation solution that will reduce the projected vehicle trips below the ITE trip generation manual by 20%.” He said that would mean that new developments would add 80% of their trips generated and he felt that needed to be tightened up. Mayor Niehaus stated that that meant that each new development would be required to reduce their projected vehicle trips to and from town by 20% that it should be subject to local trips. Councilmember Jones asked if that standard could be made higher? Some of that may be reduced once the regional transportation plan gets worked out. Linares stated that to require a motel to provide a shuttle, the City must be able to rationally show how this development will add to traffic congestion (exaction). It could be possible to provide incentives to provide shuttles (negotiation). A Transportation Demand Management Plan provided by a developer could be required. Simonson said that in that way, developers may be able to find more options or creative ways to help the community deal with traffic congestion. It was further suggested that electric vehicle charging stations could also be included as a requirement. Council would like the covered, lockable bike storage to include the word “enclosed,” so, it would read “covered, lockable, enclosed bike storage.” Councilmember Jones is still against mandating oversize parking and that they should be mandating less parking. Mayor Niehaus asked if anyone else agreed with him? No one agreed. Mixed Use in the RC could be to give commercial use options of what developers can choose to do as incentives for them to be able to add another story or get additional square footage. Planning Commission member Becnel thinks that mixed use could be most challenging and what might affect the community the most. She urged Council to look at this very carefully. As it is written, it calls for full flexibility. Can they make it more specific? She said that the consensus is that they can’t make that area feel more of an extension of Main street. Councilmember Knuteson-Boyd feels like they should keep it flexible to allow the developers to show their creative side and be able to come up with some really great ideas. Mayor Niehaus said that she needed direction on the commercial aspect. Council would like to see more than just hotels out there in the RC zone, and that would include other commercial use on the ground floor. There was discussion of commercial space as part of the development and fee in lieu. Council is willing to assign some percentage to the commercial, but that space must be open to the public and Council would like to be specific on the allowable uses within said commercial space. Councilmember Duncan suggested a sub-committee to flesh out the allowable uses. Mayor Niehaus said that timing would be difficult, but they might be able to get one meeting in. There was extensive discussion regarding the size of the commercial space that would be required, how much commercial space could get the developer the incentive of additional space for overnight accommodation and what the maximum building and project sizes should be. Council decided on a 5% minimum commercial space and then the developer can build it larger if they would like to. Building size would be limited to 20,000 square feet and a total project size of 40,000 square feet with an additional square foot offered for overnight accommodation for each square foot of commercial space supplied over and above the mandatory 5%, up to a maximum 60,000 square feet total project size. Shepard wondered if a sub-committee would be sufficient to work out site configuration and design standards. Page 5 of 5 December 2, 2019 Council decided to add this to next week’s agenda to go through design standards. They will meet from 12:00 PM to 1:30 PM on Tuesday, December 10, 2019. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus adjourned the meeting at 9:02 PM. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Page 1 of 3 December 6, 2019 MOAB CITY COUNCIL MINUTES SPECIAL CITY COUNCIL WORKSHOP MEETING December 6, 2019 The Moab City Council held a special meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street. An audio recording of the evening meeting is archived at: https://www.utah.gov/pmn/index.html and a video recording is archived at: https://www.youtube.com/watch?v=dGz3PECpb-g&t=2751s. Special Meeting—Call to Order and Attendance:  Mayor Niehaus called the meeting to order at 10:05 AM and led the Pledge of Allegiance. In attendance were Councilmembers Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd, Karen Guzman-Newton and Kalen Jones. Staff in attendance were City Manager Joel Linares, Assistant City Manager Carly Castle, City Attorney Laurie Simonsen, Finance Director Rachel Stenta, City Police Chief Brett Edge, City Engineer Chuck Williams, City Recorder Sommar Johnson and Deputy Recorder Joey Allred. One member of the public and media was present. Capital Improvement Plan Matrix Presentation: Discussion: Stenta provided a PowerPoint presentation of the Capital Project Prioritization Matrix. She talked about the different projects that are needed, the description of those projects and how they are scored and ranked. Councilmember Duncan asked about the financing that would be available to the City with their only revenue coming from sales tax. Stenta explained that an entity cannot enter into a general obligation bond unless they have a property tax. She also explained that not all of the projects would be sales tax based and that a lot of the City’s projects are funded through the Enterprise Funds. Mayor Niehaus said that ranking with sustainability gave her pause as she wants baseline sustainability and would like all capital improvement projects to have sustainability elements built into them so that it is mandatory rather than an optional criterion. Councilmember Knuteson-Boyd agreed that sustainability should be included in all projects but thinks that it should remain as part of the score so that the community can see that it is always being considered. Councilmember Jones was concerned that the matrix doesn’t differentiate between a sustainability focused project and a project that has a few sustainability features as add-ons. Councilmember Duncan added that sustainability is often more likely to be an engineering decision, making choices of materials that will last a long time, but said that he was very comfortable with what Linares and Stenta have done with the matrix. Linares said that the models they had looked at in creating the Matrix didn’t include sustainability and staff was trying to make sure that sustainability would be implemented in all projects and that they needed some guidance from Council. Councilmember Derasary agreed that all departments should include sustainability and asked if there was a logical crossover if Council were to pass the Sustainability Action Plan with a list of priorities and the Matrix with sustainability included or if the Matrix should stand alone? Stenta said that they could target five goals that Council would like every project to address that Council would approve for sustainability and that process could happen before the project is submitted for the rating and ranking process. Councilmember Derasary asked that a few sentences be included on the scoring sheet to remind Council of what the project is and how it connects with each rating and ranking criterion? Mayor Niehaus noted that if they looked at the strategic alignment number three in the Matrix it says, “the project’s alignment with the strategic goals as set out in a departmental Master or Strategic Plan,” and it could include the sustainability plan. In doing so, it could free up 5% and she would like to see that added to financing making it 20% because financing plays such a big role. Linares felt that adding sustainability to Strategic Alignment would put the Sustainability Plan on the same level as the City’s General and Master planning and that may be a signal to the public of how important it is. There was extensive discussion regarding the Page 2 of 3 December 6, 2019 percentage ratings of Strategic Alignment, Risk Assessment and Community and Economic Impact. Council agreed that they want to merge Sustainability with Strategic Alignment and Community and Economic Benefit into Financing increasing each by 5%. Budget Discussion: Discussion: Stenta reviewed the revenue that the City receives on an annual basis for Council. The City receives 51% from sales tax and 33% on user fees. Impact fees are currently at 5.2%. Other revenue includes grants, donations, transportation tax, licenses and permits and Intergovernmental (ILA) funds. The City does not collect property tax. Stenta went on to explain the City’s revenue vs. expenditures. Expenditures have been exceeding revenue since 2016 necessitating that the City’s reserves be utilized to fund operations. 64% of the City’s sales tax go to operations within the City. She went through a breakdown of the sales tax revenue showing what portion of the total sales tax revenue each of those taxes make up. Stenta also provided a breakdown of how the sales tax expenditures are distributed by departments in the City. Three was discussion regarding the possible food tax changes in the State’s proposed tax restructuring and how that might affect the residents of the City, as well as the City’s tax revenue. The fiscal year 2020 budget shows 85% of the budget being used for General Government ($3,600,000), but 9% of the operational costs will be coming from the reserves. The reserves are almost depleted, and they have budgeted to use $1,137,000.00 from the General Reserves to fund operations. Next year’s (FYE 2021) budget shows that all of the City’s sales-based taxes are not only 100% committed, but they also do not cover current operating expenses. Stenta said that the City cannot continue to fund operations out of reserves. She reminded Council of the Debt Management Policy that was adopted in September of this year that said that the City would not fund operations out of reserves for a period of more than two years and that they have been doing so for the past three years. Stenta recommended that the City fully fund daily operations, reduce operations and diversify/increase their revenue sources. She said that over the next two years the City needs to reduce operations by 7% or $1.1 million/year to fully fund operations and begin rebuilding operational reserves. The City has no control over the sales tax rates, the tax base or the volume of local sales but they can implement a Recreation Arts and Parks (RAP) tax of .1% that could yield an additional estimated $300,000 for Recreation, Arts and Parks Operations and Capital Projects. Proceeds from a RAP tax would free up existing sales-based tax revenue for capital projects and/or general operations. Implementing the RAP tax requires a vote of the people. The City’s capital projects reserves are projected to be depleted at the end of this fiscal year, so capital projects can’t be done for the City in FYE 2021 unless they are 100% funded by outside sources such as grants. Staff has started scheduled utility rate increases to rebuild water, sewer and storm water reserves. The City needs a non-utility revenue source specifically for capital projects. A property tax could be a good future choice to fund non- utility infrastructure needs that are required to serve the City’s permanent resident population. Linares stated that the City is currently only collecting about 33% of the impact fees that they could be, so staff is preparing a Request For Proposal for a study to set impact fees that the City does not currently collect, which include; storm water, parks, public safety, roads and road facilities. There was discussion on when impact fees can be waived and for what reasons. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Guzman-Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus adjourned the meeting at 11:41 AM. Page 3 of 3 December 6, 2019 Executive (Closed Session for Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals: Motion and vote: Councilmember Knuteson-Boyd moved to enter closed session. Councilmember Guzman-Newton seconded the motion. The motion passed with Councilmembers Knuteson-Boyd, Guzman-Newton, Derasary, Duncan and Jones voting aye. Council entered Executive (Closed) Session at 11:46 AM. Motion and vote: Councilmember Guzman-Newton moved to end the Executive (Closed) Session. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Guzman-Newton, Jones, Derasary, Duncan and Knuteson-Boyd voting aye. Council closed the Executive (Closed) Session at 12:10 PM. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Page 1 of 11 December 10, 2019 MOAB CITY COUNCIL MINUTES-DRAFT MOAB CITY PRE-COUNCIL WORKSHOP- DRAFT MOAB CITY PRE-COUNCIL WORKSHOP 6:00 PM--DRAFT REGULAR CITY COUNCIL MEETING December 10, 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. An audio recording of each meeting is archived at: h ttps://www.utah.gov/pmn/index.html and video recordings of each meeting is archived at: h ttps://www.youtube.com/results?search_query=moab+city+december+2019, hhttps://www.youtube.com/watch?v=FN5MU9yPitY, https://www.youtube.com/watch?v=uQHDaFKV- sI&t=65s. Pre-Council Workshop-12:00 PM: Ordinance 2019-30: An ordinance amending the City of Moab Municipal Code, Section 17.31 RC Resort Commercial Zone to allow new Overnight Accommodations, subject to revised Development standards. At 12:00 PM, Mayor Emily Niehaus called a workshop meeting to order. In attendance were Mayor Emily Niehaus and Councilmembers Rani Derasary, Mike Duncan, Karen Guzman-Newton and Kalen Jones. Councilmember Tawny Knuteson-Boyd was absent. Also, in attendance were City Manager Joel Linares, Assistant City Manager Carly Castle, City Attorney Laurie Simonson, City Planner Nora Shepard, City Recorder Sommar Johnson and Deputy Recorder Joey Allred. Eleven members of the press and public were present. City Planner Shepard presented the ordinance and suggested that they discuss the parts of the ordinance that they were unable to get to during the December 2nd Council meeting including mixed use and maximum building size to include height. Southeast Utah Health Department Environmental Health Director Orion Rogers presented on the installation of greywater usage. The current rule does not allow greywater for commercial use. It has not been approved for hotel use although it is before the state legislature at this time. Right now, it is only approved for residential. They may be able to get it approved if they start small such as starting with just laundry. The new rule is being rewritten and, if adopted, would allow for greywater use on non- residential projects that would include commercial. Some hurdles have been identified for both commercial and residential use applications. Those possible hurdles to consider are; that there is too much water that will come from hotels to utilize all of it so the idea would be for the hotels to only use enough greywater to feed their irrigation for landscaping and the other issue that will be important for both City and County ordinances and they will need to look at policies dealing with water usage to make sure that developers are trying to meet the same goal with landscaping requirements. The City and County will need to look at all ordinances and make sure that they agree with each other with the ultimate goal of overall water conservation. As the policy is written at this time overnight accommodations can’t be required to install greywater systems. Mayor Niehaus noted that upon adoption of new state regulations “overnight accommodation developments shall install rainwater and/or greywater systems to provide sufficient irrigation for all the landscaping associated with the property,” and that could be something the Council could move toward. Rogers explained that there are many different types of greywater systems, but there are two tiers. One is gravity feed and is easy to do at home and the other would be for hotels or something larger and would require tanks and pumps. Councilmember Duncan asked how to incentivize hotels as sewer rates are metered by culinary water usage. Mayor Niehaus thinks that culinary water wouldn’t be counted because it wouldn’t go through the Page 2 of 11 December 10, 2019 meter, it would go into landscaping. Rogers explained that there are daily wastewater estimates for different facilities. Mayor Niehaus said that she believes that if a facility is using landscape water anyway, they’re already calculating a percentage of water not going into the sewer. Councilmember Guzman-Newton asked Shepard about the energy needs on site that was discussed at the last workshop. She said that she notices that there was 5% commercial and the 80% energy, and she was uncomfortable that they don’t have sound justification for those numbers. She said that is when council looks to staff to direct them as to the pros and cons of those numbers. She doesn’t know how staff came up with those numbers and she needed to know how to justify them. Shepard explained that the numbers are based on common practice. It is expected that most hotels have 5% or so of commercial uses built into them already and that is a normal allowance. Civic and/or open space is somewhat subjective, and it comes down to what does the City want to see and set the standards so the City is getting what they want to get. Shepard said that she could take a look at and try to rationalize those numbers. She thought that she would have time after all of the day’s meetings to clean up loose ends and generate a rational basis for those numbers. Shepard said that Councilmember Derasary had asked where the County was with their ordinance. Shepard said that the County Planning Commission is having a public hearing on this date and the County Council will be having theirs on December 17th, so they are close to where the City is with no substantive differences at this time. Councilmember Jones stated that City code Chapter 17.80 currently states that there are supplementary regulations for large-scale developments of 30,000 square feet and appears to have addressed many of the things that they have been discussing in more depth. He thought that one strategy for getting to the end goal could be to reference chapter 17.80 but adjust them to address the lodging specifically and not reinvent this chapter. Shepard agreed that the chapter includes a lot of standards that would apply and said that the Planning Commission had discussed it and these standards would be above and beyond what the chapter currently contains. The Commission did a point by point comparison and came up with these standards keeping the more restrictive standards of each. She will send those comparisons out to Council. Councilmember Duncan asked that a copy of the draft ordinance be sent to Council for him to be able to make comments on. Linares and Simonson said that they would need to be careful to make sure that they were only commenting on the document for staff to answer questions or act upon and not have any sort of back and forth discussion or express differing opinions on any matter. They can have another open meeting for discussion if needed so that any deliberations are open to the public. Simonson suggested that Councilmembers could write comments on the document and send it back to Shepard and/or staff only. Shepard would be able to incorporate some of those comments and present them at a public meeting rather than creating a public document where all of them were commenting collectively where it could easily have the potential to become a discussion, thereby avoiding the possibility of deliberation outside of a public meeting. Shepard stated that the Planning Commission recommendation proposes a maximum building size of 20,000 square feet and the maximum square footage would be 40,000 square feet with a maximum height being set at 30-40 feet with the possibility of gaining up to 20,000 additional square feet by earning 1 square foot of overnight accommodation space for square foot of commercial space over and above the standard 5% for a possible overall maximum project size of 60,00 square feet. The County is proposing that theirs be set at a maximum project size of 50,000 square feet with a maximum building size of 20,000 square feet even though it would require three buildings, 2 0f 20,000 square feet and 1 of 10,000 square feet. Councilmember Duncan questioned usable open space and why it was only set at 5%. Shepard said that there has been much discussion in both the City and the County, and the opinion is that with more open space, more water for landscaping is required. Councilmember Derasary asked what the normal percentage of open space that would be required for comparison. Shepard will look that up and get it to her. Page 3 of 11 December 10, 2019 Section G of the Ordinance-Site Configuration: Mayor Niehaus asked if Council would just like to offer edits or suggestions. Councilmember Jones thought that there might be a better way to define #1. Perhaps to say that the final grade by more than “x” feet as someone may choose to grade a flat building site that cuts into the hillside and then re-grade it when they are done. Shepard explained that was what the hillside ordinance does and that it would still apply, but she can refer to that in this ordinance for added emphasis. Mayor Niehaus felt that she would rather give the builder flexibility on the requirement that buildings should be required to face the highway or fronting street. Councilmember Derasary mentioned the requirement of parking being to the back or side of the development and what the pros and cons of that might be. Shepard stated that requirement was already in the code and that kind of urban design is pretty standard now. Councilmember Duncan said that the current language to protect the viewshed is subjective and wondered if the Council would be obligated to accept an application for a development that fits the property with no mass grading, even if they believe that it would hamper the viewshed. Shepard said that the Commission had discussed that and had decided that they could deal with that by limiting building height to 30 feet rather than have a specific viewshed regulation. The ordinance also requires that the first floor must be pedestrian scale (15 ft) and then step back. Councilmember Guzman-Newton thought that there should be a cap on how much parking development is allowed. Shepard stated that there are parking lot design standards which states the hotels have to islands every so many spaces and there must be at least one major tree, so there are some pretty specific parking lot design standards that would continue to apply. It was determined that the Council would consider a maximum parking requirement after the public hearing. Section H of the Ordinance-Building Design: Mayor Niehaus asked the Council if they had any comments. Councilmember Derasary wanted to reiterate that she wants to make sure that viewshed isn’t obstructed, but she thought that the tiered floor levels should preserve that. There was discussion that Council should include language that preserves the viewshed of the portal and the rim. Section I-Materials and Colors: Councilmember Derasary aske of the standard leaves enough flexibility to incorporate new and/or more efficient material as they become available. Shepard assured her that it was. Mayor Niehaus wanted to have stucco added back into the design standards. Shepard said that she would like to make sure that if a developer used stucco, it is of a high quality as some are more durable than others. Councilmember Jones agreed but would like to make sure that the standard requires a certain level of quality. Councilmember Guzman-Newton would like to have something in the design standards about maintenance for appearance, not just health and safety. Councilmember Duncan would like staff to “tag” each requirement to show the following: 1. If something is already a standard, 2. Is this new and it is doable, 3. This is doable with some expense, 4. Developer might find this objectionable as it is cost prohibitive, and 5. Developer might find it so egregious a requirement that no one will build anything. In response to that Mayor Niehaus passed out a letter from a local hotel owner and developer. She said that he intends to comment at the public hearing, but he had drafted the vision he has for where the tram would be revitalized; it includes a tram up to a restaurant in the existing building with a natural amphitheater. He said that he would like the project to be dark skies compliant. A hotel would be part of the project and the project would include transportation, bikes, shops, food and office space. He continues to ask what the Council wants so that he can build something that the Council and the community wants to see. She would like to get to a point where the Council can require mixed use. She said that she doesn’t mind a new hotel if it brings so much more to the community and is modest in size. There was discussion about how other developers might be able to look at something like that and get creative and find other possibilities or a better way to go about it. It was suggested that they have a workshop meeting with some Page 4 of 11 December 10, 2019 of the developers in the community. Recess: Councilmember Guzman-Newton moved to recess this workshop meeting until 6:00 PM. Councilmember Jones seconded the motion. The motion passed 4-0 with Councilmembers Derasary, Duncan, Guzman-Newton and Jones voting aye. Pre-Council Workshop-6:00 PM: At 6:03 PM, Mayor Emily Niehaus called the evening workshop meeting to order. In attendance were Mayor Emily Niehaus and Councilmembers Rani Derasary, Mike Duncan, Karen Guzman-Newton, Tawny Knuteson-Boyd and Kalen Jones. Also, in attendance were City Manager Joel Linares, Assistant City Manager Carly Castle, City Attorney Laurie Simonson, City Communications and Engagement Manager Lisa Church, Senior Project Manager Kaitlin Myers, City Recorder Sommar Johnson and Deputy Recorder Joey Allred. Nine members of the press and public were present. Community Contributions: Communications and Engagement Manager Lisa Church and Assistant City Manager Carly Castle provided a brief background regarding Community Contributions and how they evaluated the applications funding to make their recommendations. Mayor Niehaus thanked the committee for all of their hard work. She suggested that they include the amount that was requested as well as what the City has awarded for next year’s applications. Mayor Niehaus said that Council had received several letters concerning the Humane Society’s application and asked Council if any of them would like to comment on that. Councilmember Jones said that he supports the Humane Society but feels that this particular program isn’t really a no kill program, but it is choosing which animals are favored. It has the potential to kill songbirds and he didn’t feel comfortable using public money to support that. Councilmember Guzman-Newton said that reasoning behind the spay and neuter program is to have fewer feral cats and dogs populating the area so that, eventually, there will be fewer animals to kill songbirds. Councilmember Knuteson-Boyd said that the requested amount is $3,500.00 and only a portion of that and she felt the other work that they do is good and needed work and felt that the group of citizens that disagree with the spay and neuter program should go to the Humane society and discuss their concerns. She didn’t feel that it was the Council’s place to tell organizations how to use their funds when they have been open and honest about what they have applied for. Councilmember Derasary agreed with Councilmember Knuteson-Boyd. She said that she has talked with people who are concerned about the songbirds and people who have worked with the feral cat program. She would like for the Humane Society to provide them more information by next year. Councilmember Duncan asked for clarification on the No-Kill policy. The No-Kill policy to not kill animals that have been brought to the shelter, the feral cat program is to trap the cats, spay and neuter them and then release them. Mayor Niehaus thought that Council should allocated more funds to Youth Garden and add in Moab Child Care and Full Circle as the Humane Society already receives so much in-kind support from the City. She believes Councilmember Knuteson-Boyd said that she thought that the reason Council had asked for a sub-committee of staff to advise them and that they shouldn’t have created it if Council wasn’t going to listen to their advice. Councilmember Guzman-Newton inquired about the program that Seekhaven was requesting funds for and Linares explained the Lethality Assessment and the resources connections that coincide with that and how that assists high risk victims of crime and law enforcement. Councilmember Guzman-Newton also questioned WabiSabi’s grant writing program. There was extensive discussion on the interviews, application process and possible duplication of services that were taken into consideration through allocation decision process. Page 5 of 11 December 10, 2019 Walnut Lane RFP: Senior Projects Manager Kaitlin Myers presented the agenda summary for the Draft Request for Proposals (RFP) for the Walnut property. She provided a powerpoint presentation which addressed the comments and questions she had received from Council. She indicated the RFP’s scope of work is limited to master planning services and then follows with more of a design, bid, build to design what the City wants and then go out to bid for construction services. She stated the scope of work is limited to just project management, coordinating between staff, Council and the public, doing the schematic design, preparing a master plan, preparing a phasing plan and helping staff determine a realistic timeline and budget for developing the project as a whole and also phase by phase. The change was made Myers has met with local developers and staff members and everyone agreed that it would be best to do a master plan before moving on to actual development. Myers believes that having a master plan will assist the City when approaching funders for grants or loans as most funders want to see a master plan, that you have your entitlement in place and that you are moving the project forward. Mayor Niehaus asked Myers what staff was looking for in the RFP responses. Myers said that they are most interested in seeing a budget and timeline and the balance of affordability and sustainability. She would like to get direction from the Council as to what they would like the project to look like. Mayor Niehaus mentioned the possibility of someone wanting to purchase the property with deed restriction to make sure that the City gets the affordable housing for low-income and extremely low-income residents is being done as something for them to think about. At 6:50 PM Mayor Niehaus recessed the meeting until 7:00 PM. Regular City Council Meeting-7:00 PM: Mayor Niehaus called the meeting to order at 7:00 PM and led the Pledge of Allegiance. In attendance were Mayor Emily Niehaus and Councilmembers Rani Derasary, Mike Duncan, Karen Guzman-Newton, Tawny Knuteson-Boyd and Kalen Jones. Also, in attendance were City Manager Joel Linares, Assistant City Manager Carly Castle, City Attorney Laurie Simonson, City Engineer Chuck Williams, City Planner Nora Shepard, Assistant City Planner Cory Shurtleff, City Victim Advocate Karen DeKruger, City Recorder Sommar Johnson and Deputy Recorder Joey Allred. Twenty-five members of the press and public were present. Approval of Minutes: Discussion: There was no discussion Motion and vote: Councilmember Jones moved to approve the minutes from November 22, 2019. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd, Guzman-Newton and Jones voting aye. Mayor and Council Reports: Mayor Niehaus began by stating that she had attended a Utah Transportation Commission meeting with Councilmember Guzman-Newton and was informed that UDOT has spent $213,000,000.00 and completed 87 projects in Grand County to date. The ongoing projects are on Highway 128 (river road), 313 shoulder widening, the 191 North Corridor widening of Mainstreet and the Downtown Parking Garage. The Parking Garage has been completed funded through UDOT’s Hot Spot fund. She was grateful for all of the attention and funding that the City of Moab and Grand County has been receiving from UDOT. She attended the ULCT board meeting and read the league’s legislative priority list for the upcoming legislative session. The items on the list were; ensuring sustainability; municipal finance; prioritizing community first economic development; preserving traditional municipal authority over land use and balancing the needs of today’s and tomorrow’s resident; investing in state and local transportation funding for a variety of modes; protecting water rights and quality, and conserving and developing water resources; proving for health public safety and Page 6 of 11 December 10, 2019 welfare; improving air quality; ensuring effective and ensuring effective local governance. She attended a Southeastern Association of Local Governments meeting. She had a lot of fun at the tree lighting and parade and thanked the Chamber of Commerce for organizing them. Councilmember Derasary reported that she attended the November 18th canvass of the last election. There were workshops on November 22nd and December 2nd regarding the Overnight Accommodations standards. She attended the workshop regarding the budget and capital projects matrix on December 6th. She attended a special lunch at the Canyonlands Care Center on November 22nd, the Downtown Parking Structure Open House on December 3rd, EMS Special Service District meetings on November 189th and December 9th and they are moving ahead with their new building, the Canyonlands Healthcare Special Service District meeting on December 5th and she attended the Christmas Craft Fair at the MARK on December 6th. She also stopped in at the Trail Mix meeting who will be getting some questions to Council soon. Councilmember Duncan attended a County Water Board meeting who is contracting with a company out of Colorado to refit all of the infrastructure wells, tanks and pumps. He also attended the Chamber of Commerce meeting on this date. Councilmember Knuteson-Boyd reported that she was unable to attend her two board meetings due to scheduling conflicts. Councilmember Guzman-Newton attended the USU Open House meeting at the Hoo Doo and they are planning to break ground in the Spring of 2020. She attended the UDOT Commission meeting in Green River with the Mayor, the Special canvass of approval of election votes on November 28th, a School Board meeting on November 22nd, the Special Meeting on Overnight Accommodation on November 27th, the Solid Waste Special Service District and on December 2nd she attended the Design Advisory Committee meeting for Downtown Parking Structure, the Airport Board meeting where she met the new Airport Director and workshop for Overnight Accommodations. She also attended the Downtown Public Parking Structure Open House on December 3rd, the Budget meeting on December 6th, she hosted the second Complete Count Committee for the US Census on December 9th and she attended the Chamber of Commerce meeting with Councilmember Duncan earlier on this date. The Chamber will be having a Fourth of July Celebration investor speed dating for Opportunity zones on December 6th at the Hoo Doo all day. There will be a tribute celebration for Don Knowels at the HooDoo on December 17th, the Canyonlands Business Summit is on February 10th. Councilmember Jones reported that he attended the Downtown Parking Structure Design Advisory Committee that included an operational design, a Moab Dark Sky meeting, a County Council meeting where they had a unanimous vote for 100% renewable energy by 2030 and the Affordable Housing Task Force meeting. He attended three meetings about the upcoming National Park Service Arches and Canyonland visitor experience and transportation planning and a Travel Council meeting and the Utah Association of Counties now has a committee on tourism. Administrative Report: City Manager Linares thanked everyone for their help with the light parade. He would like to have a strategic planning meeting on January 24th. That date will not work for Councilmember Guzman- Newton, so they work on finding another date. Staff is preparing an RFP for impact fees in all of the areas that the City does not currently receive impact fees for. He noted that the Assured Workforce Housing code change will be coming forward to amend the 1,000 square foot minimum. Citizens to be Heard: Dennis Silva spoke in regard to the Humane Society’s request for funding for their catch and release Page 7 of 11 December 10, 2019 program and the impact that it has on birds across America. He said that research has shown that it doesn’t work in terms of reducing the population of cats, so it has “the potential, by increasing the population of cats by feeding them in this feral setting, for them to kill birds and to actually contribute to some of the protozoans from their feces that are dangerous to humans.” He didn’t feel comfortable with City funds being used for that purpose without a study. Although he appreciates the work that the Humane Society does with getting abandoned pets into homes whenever they can. Presentations: Presentation to David Olsen: Mayor Niehaus presented a plaque to David Olsen in recognition of the many contributions he made to the community over 25 years. Secured millions in grant funding, bicycle and pedestrian friendly. Thank you for your many years of public service. Presentation Moab Police Department Victim Assistance Unit Six Month Update: DeKruger gave a brief history of the program. Since 2018, 106 reported victims of crime were served during a 5 1/2-month period with 47 of those being adult females, 22 adult sexual assault and three bullying, eight burglaries, five child sex abuse cases, and 19 stalking or harassment cases. She also assisted with 15 protective orders, 10 stalking injunctions and 10 violation of protective orders. There were nine identity theft and fraud cases. During this time that have been 69 reported females and 37 report males that have been affected by crime that the unit has helped with. The program has one full- time staff member at this time, but another part-time position has been written in. The program also uses volunteers and they are exceeding their goals with the VOCA grant. DeKruger writes grants with quarterly reports, advises victims, provides emotional support, intervenes with creditors, landlords and lawyers and provides small funds to help with emergencies. Public Hearing: Ordinance 2019-30: AN ordinance amending the City of Moab Municipal Code Section 17.31 RC Resort Commercial Zone to allow new Overnight Accommodations, subject to revised Development Standards: Shepard gave a brief presentation regarding the ordinance and trying to balance community and developer needs. Mayor Niehaus opened the public hearing at 7:51 PM. Amy Weiser- “Thank you for hearing me tonight. I just have a few questions and suggestions on the ordinance. When I went through the I, so I’ll do it as quick as I can. On page four under 17.31.060 under Energy number four, it says ‘a development shall provide the annual post occupancy monitoring.’ I just have a question on what does post occupancy monitoring, and I might suggest to just annual monitoring, so I wasn’t sure if anybody knew what post occupancy meant.” Mayor Niehaus asked her to go through her list. Weiser said, “yes, under “C” Transportation, it says ‘oversize parking as deemed necessary by the development by the developer’. I know that’s something we’ve struggled with in town about oversized parking. I might be nice if the City were to actually have a standard or required a number of spaces rather than as deemed necessary by the developer. And then it says, ‘all projects over 40,000 square feet will be required to,’ this is number 2 Transportation management plan. It was optional in the previous draft, so I’m thinking a word is just missing here, and I’m wondering if it must be required to submit or something. And then my question about building height, you can get an additional story if you provide various things by the, by being able to do another story, are you still subject to the 40,000 square foot maximum? That’s another one of my questions, it’s just a little unclear. And, ‘the maximum square gross square footage of an overnight accommodation shall be 40,000 square feet.’ Does this include the Civic Space and the Commercial Retail Space? Is 5% required for each when it says overnight accommodation Page 8 of 11 December 10, 2019 project? I just wanted to make sure you understood, if that meant the entire project, or just the building’s devoted to overnight accommodations. And then I know that Nora has been talking about having examples of site configuration and building design. I just think it's great to have those as part of the actual ordinance so that people have that to look at with the ordinance. And that was it.” Mayor Niehaus asked if Weiser had any overall comments other than questions? Weiser said, “I think overall, the folks I’ve talked to were concerned about the 80% energy on site. A little concerned about that. Everybody seems okay about the water reuse. We’re a little confused about how all the square footages work. So, it’s just. In the ordinance, it’s a little confusing about, you get 40,000, but then you get. It'd be nice if maybe, it were a little more clear. Thank you.” Liz Ballenger- “Hi. Yeah, I’m Liz Ballenger. I’m a Moab citizen and thanks for wrestling with this difficult issue, and it’s, it’s a hard one. I wasn’t able to attend the Planning meeting on November 21st. I did submit a letter in advance of that meeting, but I wanted to kind of reiterate here in case the comments didn’t get through. And in particular, one of them that I’m still not seeing in the ordinance. But, up front, I’m still not in favor of having more overnight accommodations at this point. I just feel like I need to reiterate that. We haven’t felt the effects of all the things that are in the pipeline. I understand that once things are build out we’re going to probably see a 38% increase and I think that’s kind of scary, that we’re still going to be allowing this, it’s like I use-by-right and especially that we’re not considering something that it sounds like the County, which is a more metered approach to applications and growth of overnight accommodations, so I hope that you’ll consider adding something like that metering into it. And, just one small comment that I wanted to make on the water section. I don’t know why there’s not something about mandatory use of, you know, low-flow toilets and fixtures. That seems like a really easy way to be saving water when we’re building new accommodations. That’s all. Thank you.” Lisa Carter- “My name is Lisa Carter and, Yeah, I’d like to reiterate the other person’s comments a little bit. I’m still concerned about affordable housing and how does this balance out as we continue to create more overnight accommodations. It seems like the spread gets wider and wider for any kind of work for affordable housing. I saw some comments in some of your discussions around metering that does sound pretty complicated, but some way of saying, you know, this has to be met, otherwise we can’t continue to allow this disparity to grow. And then, the other comment that I did see and some of the comments, was putting gin if the developer didn’t provide workforce housing, is that something that they’re supposed to do, and are they given a formula for that? And, there was something in there about a possible land transfer to the City so that the City could provide the housing, and again, this might have been discussions versus what I actually saw. It might have been one of the committee meetings that I saw the notes from. I don’t know that the City should be involved in public housing. I mean, I know you’re doing a project on the Walnut Lane, and I see that as an idea for a mode, but in overall, I’m not sure that the developers shouldn’t be providing the housing since they’re reaping the benefits mostly from their commercial. Thank you.” Mayor Niehaus encourages staff to reach out and answer some of the questions that had been asked. Shepard Linares addressed the workforce housing issues. The ordinance on overnight accommodations allows additional square footage as an incentive to provide affordable housing over and above the what they’re required to provide either on site, on another property or to donate property for that purpose. As for water, right now, both the City’s water and building codes require low-flow toilets and sinks. Code requires all water conserving fixtures in all new hotels and commercial projects. Motion and vote: Councilmember Jones moved to close the public hearing at 7:01 PM. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd, Guzman-Newton and Jones voting aye. Page 9 of 11 December 10, 2019 Old Business: Resolution51-2019: Adopting a Capital Projects Prioritization Matrix for the City of Moab. Discussion: Councilmember Derasary thanked the staff for their work on this and recommended people into and that she was excited to start using it. Motion and Vote: Councilmember Derasary moved to approve the Resolution Adopting a Capital Projects Prioritization Matrix for the City of Moab. Councilmember Guzman-Newton seconded the motion. The motion carried 5-0 aye with Councilmembers Derasary, Duncan, Knuteson-Boyd, Guzman-Newton and Jones voting aye. Discussion and Approval of Walnut Lane RFP: Discussion Motion and Vote: Councilmember Derasary moved to approve the Walnut Lane Request for Proposals. Councilmember Guzman-Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Duncan, Knuteson-Boyd, Guzman-Newton and Jones voting aye. New Business: Community Contributions: Discussion: Councilmember Derasary asked staff how much the City spent on event sponsorships the previous year. Church said that it was about $11,500.00. Councilmember Duncan asked if Council could have a say in how an organization the City provides grant funding to is able to use those grant funds? Council can decide to require them to allocate the funds to whichever program they want. There was more discussion regarding the programs that the Humane Society have requested grant funds for. Motion and vote: Councilmember Jones moved to approve the Community Contributions as Ad Hoc Committee’s Recommendations for 2019 grants with the modification of making the Humane Society of Moab suggested funding level column read $1,000.00 and Your Garden Project suggested funding the $2,500.00. There was no second. The motion failed. Councilmember Guzman-Newton asked about the requests from KZMU and the Arts Council. Councilmember Guzman-Newton moved to table the motion. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd, Guzman-Newton and Jones voting aye. Approval of an Interlocal Agreement for the Joint Repayment of a Loan from the Utah Permanent Community Impact Fund Board to the City of Moab for Construction of Infrastructure Between US HWY 191 and the future USU-Moab Campus Development Site By and Between Moab City, Utah and Grand County, Utah. Discussion: Linares explained that this was before Council as a housekeeping item. This was an agreement that the Council agreed to and the County signed back in November 2017 but was never on the City Council agenda to be formally approved and for the authorization for the Mayor to sign it. Motion and vote: Councilmember Guzman-Newton moved to approve the Interlocal Local Agreement for the Joint Repayment of a Loan from the Utah Permanent Community Impact Fund Board to the City of Moab for Construction of Infrastructure Between US HWY 191 and the Future USU-Moab Campus Development Site By and Between Moab City, Utah and Grand County Utah. Councilmember Knuteson- Boyd seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Duncan, Knuteson- Boyd, Guzman-Newton and Jones voting aye. Back-in Angle Parking recommendations: Discussion: Engineer Williams provided a presentation explaining the huge amount of bicycle traffic in Moab and parking issues. The City tried implementing back- in parking in May of 2019. Business owners Page 10 of 11 December 10, 2019 have asked them to revisit it, so staff has looked into it. They took bicycle counts and reviewed police accident reports. Police Chief Edge said that he would like to have other locations with back-in parking as well. Williams recommended that they implement back-in parking for other locations such as the 100 North Food Truck Mart and 100 North Moonflower Cooperative on North side, 100 South between 100 East and Main Street on South side, 100 North at the MARC on both sides. Back-in parking is being implemented in many more communities nationwide. Williams showed Council a Technical Memorandum showing the advantages of back-in parking with the safety elements. Councilmember Duncan asked about the accident rates due to cars backing out of parking spots and hitting bicyclists. There was extensive discussion on possible location and how local business owners feel about it. Mayor Niehaus would like to have staff speak to property owners. necessarily have been the best location to start and that the Moonflower market would be better. Councilmember Derasary agreed and thought that it might be appropriate to table and direct staff and talk to business owners. Councilmember Jones agrees and thinks that the area around Moonflower and the post office would be the better place. Motion and vote: Councilmember Derasary moved to table this item. Councilmember Duncan seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Resolution 63-2019: Approving the Mick Minor Subdivision of Property Located at 600 Mill Creek Drive, Moab, Utah 84532: Discussion: Assistant Planner Shurtleff gave a brief presentation explaining the proposed subdivision for Dan Mick’s son to be able to place a modular home there and share driveway with his father. There were questions regarding access and the flag lot. Motion and vote: Councilmember Derasary moved to approve Resolution 63-2019 Approving the Mick Minor Subdivision subject to the following condition: all engineering comments shall be addressed to the satisfaction of the City Engineer prior to review by City Council. Councilmember Guzman-Newton seconded the motion. Councilmember Jones moved to strike the condition because it doesn’t make sense as this was the only time that the Council will review subdivision plats. Councilmember Derasary restated the motion to approve Resolution 63-2019 Approving the Mick Minor Subdivision. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Resolution 64-2019: Approving the Bailey Minor Subdivision of Property Located at 62 South 200 East, Moab, Utah 84532: Discussion: Shurtleff gave a brief presentation. This property subdivision is under the same circumstance as the previous Resolution with the shared driveway. Motion and vote: Councilmember Derasary moved to approve Resolution 64-2019 Approving the Bailey Minor Subdivision. Councilmember Guzman-Newton seconded the motion. The motion passed 5- 0 with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Resolution 66-2019: A resolution approving a lot consolidation for Lots 22 & 24 Mulberry Grove located at 633 & 641 Peacock Lane. Discussion: Councilmember Jones recused himself from this discussion and vote. Shepard gave a brief presentation and explained why this resolution did not need to have a public hearing. The property owns two adjacent lots and wants to join them into one single-family residence without a property line through the middle. This is allowable through code. The Homeowner’s Association would also need to approve the owner’s plans. Motion and Vote: Councilmember Guzman-Newton moved to adopt Resolution 66-2019 Mulberry Grove Lot Consolidation for lots 22 & 24 Mulberry Grove. Councilmember Knuteson-Boyd seconded the Page 11 of 11 December 10, 2019 motion. The motion passed 4-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd and Guzman- Newton voting aye. Proposed 2020 Moab City Holiday Schedule: Discussion: There was no discussion Motion and vote: Councilmember Guzman-Newton moved to approve the 2020 Moab City Holiday Schedule. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd Guzman-Newton and Jones voting aye. Approval of Bills: Councilmember Knuteson-Boyd suggested that the City try to buy local more often versus online. She will meet with Linares to work on the procurement policy. Staff will check the cost differential between local businesses and Amazon because local stores will try to match prices. Councilmember Knuteson-Boyd moved to approve the bills in the amount of $1,704,777.29. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Duncan, Knuteson-Boyd Guzman-Newton and Jones voting aye. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson- Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus adjourned the meeting at 8:44 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Mayor Emily S. Niehaus January 14, 2020 WHEREAS, Dr. Martin Luther King Jr. made significant and long‐lasting contributions to the social and economic progress within our nation through the movement toward racial equality and civil rights for all people, no matter their race, color, creed or occupation; including the push to desegregate public and private institutions and to provide fair rights and appropriate labor laws; and WHEREAS, through peaceful protests and nonviolent public demonstrations, Dr. King was a catalyst for change in how African Americans are treated, and stated that “Injustice anywhere is a threat to justice everywhere;” and WHEREAS, to commemorate the life and legacy of Dr. King, on November 2, 1983, the U.S. House of Representatives passed a bill to declare Martin Luther King Jr. Day as a federal holiday to be observed annually on the third Monday of January, to represent Dr. King’s birthday; and WHEREAS, Moab City recognizes and honors the contributions made by Dr. King and pledges to promote universal respect for and observance of Martin Luther King, Jr. Day and the civil rights guaranteed to all residents throughout Moab and our nation; and WHEREAS, as we honor Dr. King this month, which would have been Dr. King’s 90th birthday, it is appropriate for us to recognize and pay tribute to his inclusive civil rights work for all communities. THEREFORE, BE IT RESOLVED that I, Emily S. Niehaus, Mayor of the City of Moab, do hereby join with community members in proclaiming Monday January 20, 2020 as Martin Luther King Jr. Day and urge community and faith leaders, civil rights advocates, educators, public officials, and all people of Moab City to recognize and remember Dr. Martin Luther King Jr. and his dream for a greater America. CITY OF MOAB, UTAH MARTIN LUTHER KING JR. DAY PROCLAMATION Sommar Johnson, City Recorder  January 14, 2020 Moab City Council Agenda Item Meeting Date: January 14, 2020 Title: Fiscal Year 2019-2020 Community Contributions Recommendations Presenters: Carly Castle, Lisa Church Attachment: • Community Contributions FY2019-2020 Council Summary Report Suggested Motion: I move to approve the Community Contributions Ad Hoc Committee’s Recommendations for FY2019-2020 grants. Options: Approve, deny or modify. Background/Summary: Note: This item was tabled at the Dec. 10, 2019, Moab City Council. Some revisions to the information contained in the Council Summary Report have been made for the purpose of clarity. In September 2018, the Moab City Council approved Resolution 35-2018, A Resolution to Adopt Guidelines and Procedures for Community Contributions. These guidelines also established a Special Event Sponsorship program. A four-person committee consisting of City staff appointed by City Manager Joel Linares recently reviewed all FY2019-2020 applications, ranked them, and agreed on recommended funding levels for each program. Three programs are not recommended for aid from the Community Contributions fund and one program is recommended to receive in-kind assistance. In all, thirteen (13) applications were received with a total requested amount of $124,107. The Community Contributions ad hoc committee reviewed all applications and recommends funding the requests in the total amount of $40,500, leaving $14,500 to be used for event sponsorships for the remainder of the fiscal year. Community Contributions Evaluation Rubric GRANTS FY 2019-2020 The Community Contributions Grant Committee met on Nov. 25, 2019, and reviewed all applications and considered the needs and services provided to the community and whether the Community Contributions fund was the appropriate forum for the submitted requests. Requests deemed appropriate were then prioritized based on the service provided. Complete applications are available for Council review on the shared drive. The programs recommended to receive the highest funding primarily involve health and safety, as well as multicultural translation and advocacy programs that complement health and safety concerns. The next tier includes programs serving at-risk youth and animals and a community foundation hub. These programs are provided by entities that are dependable, innovative and which the committee members trust will meet a proven need. The Committee found that, for a variety of reasons, four of the requesting nonprofit projects did not meet Community Contributions Program requirements. The Committee also reviewed the applications to determine the amount being requested, expressed as a percentage of the nonprofit’s total budget, and possible alternative revenue sources the nonprofit could seek outside of Community Contributions. The Committee received requests totaling $124,107, and the City’s 2019-2020 Budget allocated $55,000.00 to use towards these requests and special event sponsorships for the fiscal year. The Committee’s recommendations leave $14,500 for event sponsorship funding in the FY20 cycle. Upon completion of the Committee’s analysis, the Committee recommends that the City Council award Community Contributions in the amount of $40,500, leaving $14,500 to be used for event sponsorships. Each requesting nonprofit and its program information is described below: Organization Other City Funding/In-Kind Description of Program Includes percentage of overall budget and notes when there is a City gap or Overlap FY 2019-2020 Funding Requested FY 2019-2020 Suggested Funding Level Includes past Fee Waivers and In-Kind Contributions as well as FY 2018-2019 Community Contributions funding Is this an essential service not currently provided by the City government? What level of funding is provided in the City’s existing budget? Recommended by City staff (Public Works, Police, Recreation, etc.)? Is this tied to the City’s General Plan or another guiding document? Percentage of organization’s budget being requested? Short Test: Giving must be project-based and not for general operating expenses. The following points concerning governmental contributions are excerpted from the 1999 Utah Supreme Court “Short Case” in which the Salt Lake County Commission and Salt Lake County Attorney Douglas Short were in conflict about, among other things, the appropriateness of certain government contributions to private enterprises using government funds. Refer to paragraphs 32 and 33 of the entire brief at: https://law.justia.com/cases/utah/supreme-court/1999/slcounty.html: The Commission can expend [public monies] only in exchange for fair value. [Community contributions] must prove a detailed showing of the benefits to be obtained from the money given. A general finding that any of the contributions will provide a benefit, without specifying exactly what that benefit is, in present market value terms, is not specific enough to qualify the benefit. BEACON 2018-19 CC: $3,000 While the committee believes that BEACON provides important community services through its ongoing enrichment programs – clubs, workshops and field trips – the project description submitted by BEACON for the Family Thanksgiving Project appeared to indicate that arrangements were already in place for donations of most of the food and volunteer time needed. The committee also noted that other community-wide opportunities already exist for families to experience a Thanksgiving meal together at no cost and to also volunteer to help with the preparation and serving of that meal. The amount requested by BEACON for this project represented 70.6% of the total project cost and 0.65% of the nonprofit’s overall budget. $3,000 $0 Full Circle Intertribal Center None (Did not apply in 2018- 2019) The committee recognizes the importance and value of the Full Circle Intertribal Center’s mission and objectives. The Center requested $10,000 in funding in its application for the Nourishing Traditions Indigenous Gathering Circle and Elders Community Gathering – half of that request was for general operating costs, which are expressly ineligible under the Community Contributions Program guidelines. Most of the remaining program costs appeared to be outside the realm of directly providing a service. The committee does, however, recommend that the City assist the organization with an in-kind donation of meeting and kitchen space at the Moab Arts and Recreation Center. That in-kind donation, for one year, is calculated to be valued at approximately $1,500. Full Circle Intertribal Center’s requested funding of $10,000 represents 86.96% of the organization’s overall budget. $10,000 $1,500 in-kind (meeting space and kitchen rental at MARC) Grand Area Mentoring 2018-19 CC: $3,000 Last year, Grand Area Mentoring used funding from the City to, in part, extend its community-based mentoring (CBM) work for children of adolescent age. The mentoring services allow adult mentors and students to meet weekly one-on-one throughout the city at approved sites. CBM boosts relationship longevity and cultivate deeper bonds between students and the community. The program serves up to 100 at-risk youth, ages 6 to 9, annually with the help of more than 75 volunteer mentors. The recommended amount represents 27.9% of the project’s cost and 2.53% of the organization’s overall budget. $3,522 $3,500 Humane Society of Moab Ongoing: $3,600/yr. in-kind (office space at City Animal Shelter) 2018-19 CC: $5,000 The Humane Society works closely with the Moab City Animal Shelter to help the shelter continue its no-kill policy. The Humane Society has requested funding to bolster its animal adoption programs, spay and neuter programs and feral cat programs within the community. The Community will benefit from this contribution as the Humane Society continues to provide placement of animals through adoption, and population control for feral animals. The recommended amount represents 8.4% of the program cost and 3% of the nonprofit’s overall budget. $10,085 $3,500 KZMU Moab Public Radio 2018-19 CC: $5,000 The contribution was requested for KZMU’s community affairs program, which was begun in 2018. KZMU lost a major funding source a few years ago and is an important partner and information source in the Moab community. Living in an area of the state where there is no free television, free public radio is a way of having an informed community and electorate. The recommended amount represents 6.23% of the project cost and 1.94% of KZMU’s overall budget. $7,000 $3,500 Moab Community Childcare None (Did not apply in 2018- 2019) The Moab community is clearly in need of additional options for childcare – a problem that this group and others are working toward solving. In reviewing this application for funds the committee noted the fact that Moab Community Childcare is seeking startup money for a program that is not expected to be up and running until January 2021 at the earliest and would serve, at most, 16 infants. The Community Contributions Program guidelines require that funds awarded be spent within a year of the award. Additionally, providing funding for a startup carries significant risks, and the committee, after serious contemplation, concluded the City should not commit public funds, given those concerns. The requested funding of $20,000 represents 13.57% of Moab Community Childcare’s overall budget. $20,000 $0 Moab Free Health Clinic 2018-19 CC: $7,500 Moab Free Health Clinic (MFHC) is a nonprofit clinic that was established in direct response to Moab’s need for affordable, accessible healthcare. Moab’s economy relies heavily on seasonal tourism, meaning that many workers have neither the option of employer- sponsored insurance nor the financial means to pay for their own healthcare needs. This year, MFHC is requesting funding to help provide much-needed dental care for the underserved, a service that is mostly unavailable in our community. The cost of basic preventive dental care is often out of reach for many area residents who live paycheck to paycheck, but having basic preventive care can significantly improve overall oral and medical health. The recommended amount represents 7.3% of the program cost and 1.13% of the nonprofit’s overall budget. $15,000 $5,000 Moab Solutions 2018-19 CC: $2,000 Moab Solutions is often the call of last resort in Moab for immediate assistance for emergency needs. They are available at all times for emergency assistance. Calls are carefully vetted and assistance given if proven necessary. Moab Solutions helps with rent, utilities, food, medicines, vouchers for clothing and other items, gas, car repairs or parts, bus or train tickets for stranded travelers, and referrals to agencies that may be able to help. The committee recommends that the funds provided to Moab Solutions carry this caveat: The funds must be used solely to help Moab City residents with utility bill or rental assistance; each disbursement should be limited to no more than $50 per household. The recommended amount represents 3.64% of the nonprofit’s overall budget. $5,000 $2,000 Moab Valley Multicultural Center Occasional MARC space for activities 2018-19 CC: $5,000 The Multicultural Center will use the contribution to assist more than 50 area residents with homelessness/housing insecurity needs and more than 3,0000 area residents with language interpretation services in a variety of community settings. It will collaborate with other local organizations, particularly with City Law Enforcement and other City Departments to assist residents who have limited accessibility due to language, social, or economic barriers. The recommended amount represents 55% of the specific program cost and 1.8% of the nonprofit’s overall budget. $9,000 $5,000 Seekhaven $7,500/yr. plus fee waivers 2018-19 CC: $10,000 Seekhaven’s work in providing services for domestic violence victims addresses a critical need within the community. This funding request is for the lethality assessment program (LAP), which ensures shelter to high-risk victims and involves developing a 24-hour safety plan to ensure victims’ safety while longer-term support is coordinated. The City Police Department is essential to this program in gathering the necessary information and making sure the victim is provided that information in order to receive assistance. The recommended amount represents 66% of the LAP program cost and 0.91% of the nonprofit’s overall budget. $15,000 $10,000 Rim to Rim Restoration Previous payments for fire fuels removal (Did not apply in 2018- 2019) The 2018 Cinema Court Fire on Moab’s east side served as a stark reminder to the entire community of the need to keep creek banks clear of overgrowth. Rim to Rim Restoration has been working to reduce fire fuels, improve flood flows and restore habitat along the creeks since 2001. The organization has played a critical role in beginning the process of identifying critical areas for fire-breaks through vegetation mapping. Rim to Rim is also working in consultation with the Moab Valley Fire Department to facilitate interagency and private landowner collaboration for fire fuels reduction in the community. The committee recommends funding for this ongoing work. The recommended funding represents 3.03% of the lowest budget projection for this project. $15,000 $5,000 WabiSabi 2018-19 CC: $5,000 The Moab community relies heavily on its nonprofit organizations, yet its remote location often makes it difficult to access educational, financial and informational resources they need to remain viable. WabiSabi requested funding to continue a Grant Writing Resource Center that opened in 2018 as a collaborative project with USU Moab and the City. The funds will be used to renew USU Moab’s subscription to the Funding Information Network, which provides grant databases and teaching materials that will be available to all local nonprofit organizations. Those organizations rely on grants for their ongoing sustainability. The recommended amount represents 73% of the center’s overall cost and 0.51% of WabiSabi’s overall budet. $3,500 $3,000 Youth Garden Project MRAC memberships 2018-19 CC: $3,000 The committee recognizes the valuable services that Youth Garden Project (YGP) provides for area children and families. However, the Community Contributions Program is specifically intended to help fund programs and services that are not currently provided by the City of Moab. This year, the program for which YGP requested funding – Youth Camps – does not appear to meet that criterion. The City, through the Moab Arts and Recreation Center, offers a variety of youth camps for children of all ages each year. For that reason, the committee determined that the request falls outside the guidelines of the Community Contribution Program. The requested amount represents 13.9% of the YGP Youth Camp cost and 2.84% of YGP’s overall budget. $8,000 $0 1 CC 1.14.2020 Draft Development Standards Nora Shepard Moab City Council Agenda Item Meeting Date: January 14, 2020 Title: Discussion of Ordinance 2019-30, an ordinance amending the City of Moab Municipal Code, Section 17.31 RC Resort Commercial Zone to allow Hotels and Motels, subject to revised Development Standards. New language in this staff report is in italics Disposition: The Planning Commission has not yet forwarded a recommendation to the City Council. They are scheduled to discuss and possibly take action at their next meeting on January 23, 2020. Therefore, this City Council item will be for discussion only and possible policy direction. Staff Presenter: Nora Shepard, Planning Director Attachments: Exhibit A: REVISED Draft Ordinance 2019-30 Exhibit B: Analysis of number of Overnight Accommodations (OAs) currently licensed in the City. Exhibit C: Map and list of developable parcels in the RC Zone Exhibit D: Approved Grand County Ordinance to Revise Overnight Accommodations Development Standards Background/Summary: PC/CC Direction As the result of the adoption of Ordinance 2019-18, the City Staff and Planning Commission have been tasked with drafting of Development Standards so that the City can, one again, accept applications for new Overnight Accommodations in the City. As discussed by the Planning Commission and City Council in a joint work session held on Tuesday, August 13, 2019, the Development Standards that need to be developed shall include: ▪ Energy Efficiency ▪ Density and Size ▪ Aesthetics ➢ Height, bulk and scale ➢ Façade Variation ➢ Color and Materials ➢ Viewshed ▪ Landscaping, buffering ▪ Mixed Use Requirements ▪ Water carrying capacity, existing infrastructure capacity ▪ Contribution to cumulative traffic, connectivity/contribution to non- motorized/micro vehicle transportation network 2 CC 1.14.2020 Draft Development Standards Nora Shepard Where Are We in the Process? The City and County have been working together to develop consistent Development Standard for Overnight Accommodations. While there may be some differences, the goal is to have similar standards inside and outside the City boundaries There have been numerous public meetings and work sessions to discuss and refine the proposed standards. Such meetings were held with the City Planning Commission and Council and with the County Planning Commission and Council. Based on public input received and on comments from the City Council and Planning Commission, the draft code provisions have been amended to address issues and concerns raised. The revisions are primarily clarifications and refinements. The County approved an Ordinance to Revise Overnight Accommodations Development Standards on January 7, 2019. The final and approved draft is attached is Exhibit D. Expectations This effort to modify the regulation of Overnight Accommodations is ambitious. The goal at this time is to be able to accept new applications in the RC Resort Commercial Zone for Hotels and Motels. There will be on-going work after the adoption of the Development Standards to include, but not be limited to: • Development Standards for OAs in all commercial zones • Development of Standards for Campgrounds/RV Parks • Standards for redevelopment, remodels and expansions • Refinement of Standards based on the initial roll-out • Revised landscape and irrigation standards Status of the Code Revisions: The City Council and Planning Commission have held public hearings on the proposed amendments. Changes have been made to the draft code revisions to address the comments raised by the public, Planning Commission and City Council. In some cases, input given was contradictory. In those cases, the staff has evaluated the comments based on the intent and purpose of this process, as outlined by the Planning Commission and City Council on August 13, 2019. At this time, the Planning Commission is being asked to provide a recommendation to the City Council on the proposed code revisions. Description of Revised Development Standards: In reviewing and revising the Development Standards, the staff considered the following (new information is in Italics): Energy 3 CC 1.14.2020 Draft Development Standards Nora Shepard ▪ It is unlikely that a motel/hotel can practically meet net zero for their project. Net Zero means that the project generates as much energy as it uses. The Net Zero standard has been modified so that 80% of the energy needs are produced on site. The balance of the energy shall be required to be provided by purchasing renewable energy credits, such as subscriber solar. ▪ Alternately, if a developer chooses to use an energy certification program such as Leeds or Community Building/Living Challenge, they would be able to do so. ▪ There has been significant discussion on whether 80% of the energy needs can be produced on site. Energy sustainability is valued in Moab, and a strict standard may be warranted. ▪ An additional standard has been included the require Electric Vehicle Charging Stations at a rate of 1 per 25 rooms. Water ▪ A rainwater catchment system will be required and used on site for beneficial uses. ▪ Maximum of 10% sod or non-native grass ▪ All new developments will have to use water-wise landscaping and/or xeriscape. In the future, the landscaping requirements in the MMC should be updated. ▪ Bioretention and bio-infiltration required (if the soil condition will allow it). ▪ There has been discussion about including a requirement for a graywater system for all shared or group shower or laundry facilities. They are not currently allowed by Utah State Code, but it is anticipated that the State Legislature will discuss this at this year’s legislative session. At this time, this has not been included in the proposed standards. Transportation OA Developments shall incorporate into their subdivision plat or site plan the following transportation infrastructure: • Space to accommodate a transit or shuttle stop • Enclosed, lockable bike storage at a rate of 1 space per 2 lodging units • Active transportation and non-motorized trail easements dedicated to the public when identified in the Grand County Non-motorized Trails Master Plan. • OA developments over 40,000 sq ft will also be required to provide a narrative and transportation solutions that will reduce projected vehicle trips below the ITE Trip Generation Manual by 20%. This remains in the proposed code changes. The goal is to provide development standards and to allow the developer to propose their own solutions. Mixed Use, Civic Space, and Open Space Standards One of the primary issues that prompted the changes for OAs is that much of the development that has occurred recently in our Commercial Zones has been in the form of OAs and that many commercial uses that benefit the residents and visitors are not being provided currently in Moab. Requiring mixed use for “in-town” OAs would help this situation. In addition, Landmark Design is working on creating code that encourage s 4 CC 1.14.2020 Draft Development Standards Nora Shepard “commercial nodes” in Moab. That work will move forward as soon as we complete the Development Standards for OAs. As a minimum requirement, all hotels and motels will have to provide 5% of their gross floor area for outdoor civic or usable open space. An addition, 5% of the gross square footage of a Hotel or Motel must be provided for retail or community commercial uses. In order to encourage mixed use in the RC zone, the standards include incentives in the form of additional square footage and building height in exchange for additional assured workforce housing or additional commercial on-site (but not necessarily in the same building). New Hotels and Motels must provide minimum percentages of open space based on parcel size as follows: Under 2 acres – 10% contiguous open space 2-5 acres – 15% , minimum of 7500sq.ft of contiguous Over 5 acres – 25%, minimum or 7500 sq.ft of contiguous Height Projects in the RC Zone will have a maximum building height of 2 stories or 30 feet. Projects along Hwy 191 should be stepped so that the areas closest to the road be one - story with additional stories being stepped back. This is to avoid a “wall” along the highway. As proposed, OAs could achieve a third story with a maximum height of 40 feet if: • Additional affordable/employee/workforce housing above and beyond the amount required for Assured Workforce Housing. Each additional unit would result in an increase in square footage of 10,000 sq ft. The maximum of 20,00 sq ft would be allowed with 2 additional workforce housing untis. This would not replace the Assured Workforce Housing requirement but would be in addition to that.; or • Dedication of land to the City or other qualified entity for the purposes of building affordable/employee/workforce housing; or • As a part of a master plan for the site that includes the overnight accommodation use as well as at least 20,000 square feet of commercial uses that provide goods or services for the community and open to the public. Examples include Day Care Centers, Drug Stores and Pharmacies, Grocery Stores, Open Markets and similar uses. This would be above and beyond the requirement for Mixed Use, Civic Space, Open Space. The commercial uses will not be counted toward the maximum square footage allowable for the Overnight Accommodation uses and may be in a separate structure. Maximum Building/Project Size One of the issues that was raised during the initial public meetings on Overnight Accommodations had to do the size and scale of many of the new projects in Moab. In 5 CC 1.14.2020 Draft Development Standards Nora Shepard an effort to ensure that new overnight accommodations are compatible with the historic scale of Moab, the Planning Commission is recommending maximum building and project sizes. During this effort, the following research was done to compare sizes of existing and proposed development in Moab and Grand County: Project Total Square Footage (approximately) # of rooms Hyatt 74,160 sf (main building) 110 rooms Homewood Suites 77,500 sf 96 rooms Hampton Inn 46,000 sf 79 rooms Sleep Inn 50,700 sf 87 rooms Wingate 58,000 sf 120 rooms Moab My Place 29,000 sf 64 rooms La Quinta 100 rooms HooDoo Hotel 115 rooms World Mark 270,000 sf 152 units Moab Rustic 14,500 sf 35 rooms Apache 15,500 sf 35 rooms Bowen 16,350 sf 41 rooms Aarchway Inn 60,000 sf 97 rooms The proposed maximum building size for Overnight Accommodations shall be no more than 20,000sf with a maximum total project square footage 40,000 sf. Up to 20,000 sq ft of additional OA square footage could be achieved as described in building height section. Language has been added that requires a minimum parcel size of 2 acres. If there is an existing legal lot of record that is less than 2 acres, it can be considered for new Hotels or Motels. Site Development and Architectural Standards The proposed standards are fairly common and are not generally difficult to achieve. The balance of getting good design vs cost must be considered. We want more aesthetically pleasing projects, but do not want to make the standards so onerous as to make it impossible for smaller businesses and local develope rs to move forward. The latest draft has some clarifying language, but no substantive changes have been made. The Code will include schematics to explain the required massing shift s and they will be presented at the Planning Commission meeting on January 9 , 2020. Metering Several Planning Commissioners and City Council Members have asked the staff to provide information on potential “metering.” Given staff and time constraints, the recommendation at this time is that the Development Standards will serve as the metering mechanism. The logistics and rational basis for limiting new rooms on an annual basis are not considered viable at this time. 6 CC 1.14.2020 Draft Development Standards Nora Shepard Updated Data on Existing/Proposed Overnight Accommodations In response to questions about the “real numbers” on existing and proposed overnight accommodations in Moab, staff has updated the information on OAs based on business licenses. Some of the hotels that were “pending” have now been built and the status of the “pending” applications has been updated. See Exhibit B. In summary, Total OA Units Built and Licensed: 3451 (all OAs) Existing Hotel Rooms: 2136 Pending Hotel Rooms: 604 These numbers do not include the Lion’s Back Project. Vacant Parcels in the RC Zone Exhibit C includes a map of the developable parcels in the RC Zone. There are 4 parcels on the south (or west) side of Hwy 191 that are undeveloped. All of the parcels could accommodate a new hotel or motel, consistent with the Development Standards, but they are all under 4 acres. Sine the minimum size parcel eligible for development of an OA is 2 acres, the parcels could not be subdivided to accommodate more than 1 OA use. As you can see from the map, the parcel sizes are comparable to other Hotels and Motels in this area. On the north (or east) of Hwy 191, there are 3 developable parcels. One is owned by Grand County. The other 2 are large in area, but the development area of each is limited due to topography. The Tramway parcel has been subdivided into 2 parcels. One of the parcels has an active Site Plan application. There is also a pre-annexation agreement that describes the development that could be associated with those parcels. There is another parcel that is privately owned but is deed restricted so that it cannot be developed into an OA. The final parcel is adjacent to Moab Springs Ranch. The parcel does not have entitlements for development or access as an extension of Moab Springs Ranch. There is does not appear to be access from the Highway. Grand County Approved Ordinance to Revise Overnight Accommodations Development Standards On January 7, 2020, the Grand County Council approved an ordinance to revise overnight accommodation development standards. There are some fundamental differences between the City proposal and the approved County ordinance and some minor differences in the specific Development Standards. Overlay vs Base Zoning As previously discussed, the County has chosen to use an Overnight Accommodation Overlay (OAO), rather than modify any of their existing base zoning. This means that anyone who wants to build an overnight accommodation must go through a legislative process to have the overlay applied to the individual parcel(s). As discussed previously in this report, the City has decided to change the base zone (RC Zone at this time) to include specific development standards for OAs. In the approved Grand County 7 CC 1.14.2020 Draft Development Standards Nora Shepard Ordinance, there are specific findings related to the impact of the proposed development on: “Grand County’s effort to achieve or maintain a balanced ratio of mixed uses in the County, including residential, lodging, and commercial uses; and 1. In determining what constitutes a balanced ratio of mixed uses, the County Council shall consider the following factors: a. Grand County’s early 2019 development ratio of 1.4 overnight accommodation units to 1 primary residential unit; b. Carrying capacity analyses or additional studies specific to Grand County; and c. The considerations of interest in Section 4.6.7(C)(2)(g)(1).” The findings “shall consider” the factors in granting application of the OAO district. Other Development Standards The approved County Ordinance includes development standards for Bed and Breakfasts, Dude Ranches or Destination Resorts, Recreational Vehicle/Campground/Trailer Parks and Residential Units. Differences is the Specific Development Standards The County Ordinance and City proposals have some difference in the standards themselves. In the draft of the City Ordinance (attached as Exhibit A), comments have been added indicating those differences. Policy Questions to Discuss: Since the last work session and discussion with the City Council, held on December 10, 2019, staff has received input and comments from several City Council Members. Many of the recent changes are in response to those comments. Given the nature of some of the comments, possible items for discussion and direction by the City Council include: 1. Energy Efficiency Standard 2. Mixed Use Requirement 3. Maximum Building and Project Size 4. Metering 1 DRAFT 01.08.2020 CITY OF MOAB ORDINANCE #2019--030 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE SECTION 17.31 RC RESORT COMMERCIAL ZONE TO ALLOW NEW HOTELS AND MOTELS, SUBJECT TO REVISED DEVELOPMENT STANDARDS. The following findings describe the intent and purpose of this ordinance: a. The City has enacted Title 17.00, Zoning, of the Moab Municipal Code (MMC), which governs land use and development within the City Limits. Text Amendments to the Moab Municipal Code are authorized pursuant to MMC § 17.04.070 and Utah Code Annotated 10-9a-503(1)(b) and (c). b. From time to time the City undertakes to revise its zoning ordinances to improve the quality of land development and align the Code with state law and contemporary planning concepts. c. The City has experienced rapid growth of Overnight Accommodations as a result of the growth of tourism in the region. Between 2010 and 2018 visitation to Arches National Park and Canyonlands National Park increased 60.1% and 58.9%, respectively, with Arches posting 1,663,557 visits, and Canyonlands posting 739,449 visits in 2018.1 d. Overnight Accommodations have displaced long term rental housing in Moab and are a contributing factor in the affordable housing shortage that exists in Moab.2 e. The City desires that new zoning regulations be developed to result in new overnight accommodations that better reflect the long-term interests of the City. f. There is a finite supply of developable land within the City, and market conditions have resulted in Overnight Lodging uses being developed to the detriment of the development of other necessary uses, including retail, commercial, office, and housing uses.3 g. The City has experienced an increase in traffic, congestion, noise, crowding, and related impacts associated with tourism and Overnight Lodging, and those impacts have affected the quality of life for Moab residents. The City recognizes that resident concerns are valid and justify changes to City zoning regulations. h. The City finds that there is good cause to make these text amendments. There have been fundamental changes to the City and to the zoning districts that are the subject of this ordinance. Current development impacts and the overall growth of overnight accommodations were not foreseen at the time many zoning classifications were adopted and, therefore, the zoning scheme requires modification to reflect 1 Source, National Park Service Official Visitation Statistics. 2 Source, BAE Urban Economics, Moab/Grand County Nexus Study, Phases I and II, 2018. 3 See Id. 2 current realities. This ordinance will facilitate a more diverse land use mix and provide important benefits for the development of affordable housing and other retail and commercial land uses. i. The United States Geological Survey is finalizing a draft report that includes findings from a recent multi-year study of the Moab area watershed. The study found that: a) safe yield of groundwater removal (the amount of water that can be removed without depleting aquifers) is less than previously estimated (11,000 to 13,000 acre/feet per year); j. This ordinance is consistent with the City’s General Plan, which expresses a desire to preserve the quality of life in Moab, the availability of affordable housing, and a diverse, resilient local economy. k. This ordinance is the product of a substantial public process and public outreach, including public hearings and forums facilitated by Landmark Design in conjunction with Grand County, and public hearing held before the City of Moab Planning Commission on June 27, 2019 at which members of the public expressed a desire that the City curtail Overnight Lodging growth. l. On July 23, 2019, the City Council adopted Ordinance 2019-018, removing Overnight Accommodations as a permitted use in the C-1, C-2, C-3, C-4, RC and SAR Zones and recognized Established Overnight Accommodations as legal uses. m. Development Standards are being proposed to better regulate new Overnight Accommodations in the RC Zone. THEREFORE, LET IT BE ORDAINED THAT THE FOLLOWING AMENDMENTS BE ADOPTED: SECTION 1: Amend Section 17.06.020 Definitions to add definitions for “Civic Space” refers to the places in which a community performs or engages in some part of its political or social life. More broadly, civic space can include spaces used for community activities, including open-air environments where public activities such as assemblies or speeches occur. “Usable Open Space” means any space on a lot not enclosed within a building which is designed for specific recreational purposes, including active and passive recreational activities. Usable open space includes common yards (except the required front yard setback), courtyards; and common balconies, decks, porches. Usable open space does not include driveways, aisles, or parking spaces SECTION 23: Allow New Hotels and Motels in the RC Resort Commercial Zone subject to new Development Standards by amending the following Code Sections: 3 SSECTION 2.1 Amend Permitted Uses to include Hotels and Motels, as follows: 17.31.020 Permitted uses and regulations. A. Permitted Uses. The following uses shall be permitted-by-right. If a use is not listed it is prohibited. 1. Accessory buildings and uses; 2. Bars; 3. Caretaker or guard residence, accessory; 4. Custom personal services; 5. Eating establishments; 6. Established Overnight Accommodations. Established Overnight Accommodations, as defined in this Code and as indicated on the Established Overnight Accommodations Map, shall be considered legal, conforming uses. a. Established Overnight Accommodations will be allowed to make improvements to the property, so long as no new Overnight Accommodation units are proposed. 7. Gasoline service station, subject to the supplementary regulations of Section 17.31.050(B); 8. General retail (indoors); 9. Hotels and motels may be approved subject to the Development Standards outlined in 17.31.060. 109. Multi-household dwellings; 110. Municipal facilities and services; 121. Office, business or professional; 132. One-household dwelling and accessory uses; 143. Outdoor recreational uses, commercial; 154. Outfitters and guide services and facilities; 4 165. No New Recreational vehicle/travel trailer parks are allowed. Established recreational vehicle/travel trailer parks as identified on the Existing Overnight Accommodations Map are considered legal conforming uses and shall be subject to the supplementary regulations of Section 17.31.050(C) 176. Single-household dwelling. 187. Two-household dwelling and accessory units. SECTION 2.2: Add Development Standards to the RC Zone by adding Section 17.31.060: 17.31.060 Development Standards for Overnight Accommodations. Notwithstanding other provisions of this title to the contrary, the following supplementary regulations shall apply to new overnight accommodations in the RC, Resort Commercial District: 17.31.060 Development Standards for Overnight Accommodations Notwithstanding other provisions of this title to the contrary, the following supplementary regulations shall apply to new Overnight Accommodations in the RC, Resort Commercial District: A. Energy: 1. OA Developments shall produce eighty percent (80%) of their energy needs on-site through solar, geoexchange, or other renewable energy sources. 2. OA Developments shall purchase their remaining energy needs through renewable energy credits such as subscriber solar. 3. OA Development may meet this energy requirements by submitting a certification through the Green Building Challenge (Leed Gold or above), Living Building Challenge, Net Zero Building Certification, or other established industry standard. 4. OAO Developments shall submit an annual report demonstrating compliance with the above standards by notarized affidavit to the County on or before January 31 each year. Failure to comply with this requirement could result in the loss of a business license. 5. Electric vehicle charging stations at the rate of rate of 2 stations per the first 25 units, with one being ADA accessible, and 1 station per additional 25 units. B. Water 1. OA developments shall install the maximum feasible rainwater catchment system and use the water for beneficial on-site uses, such as reducing the use of culinary water for landscaping irrigation. 2. OAO Developments shall utilize drought-resistant, water-wise, and xeriscape landscaping design principles. Turf grass may not exceed 10% of the landscaped area or 3,000 square feet, whichever is less. Commented [NS1]: This section has been modified to be consistent with the County Standards Commented [NS2]: The County has this standard in their Transportation Section 5 3. To the maximum extent possible, OA Developments shall utilize bio-retention and bio infiltration systems to manage storm water runoff, as soil conditions allow. C. Transportation 1. OA Developments shall incorporate into their subdivision plat or site plan all of the following transportation infrastructure: • Space to accommodate a transit or shuttle stop • Enclosed, lockable bike storage at a rate of 1 space per 2 lodging units • Active transportation and non-motorized trail easements dedicated to the public when identified in the Grand County Non-motorized Trails Master Plan • Oversized Parking as deemed necessary by the developer 2. All projects over 40,000 sq ft will be required to Transportation Management Plan that will reduce projected vehicle trips below the ITE Trip Generation Manual by 20%. D. Mixed Use, Civic Space, and Open Space Amenities 1. All new overnight accommodations projects are required to provide an area of not less than 5% of the building square footage for Civic Space, and/or Usable Open Space. 2. All new overnight accommodations will be required to provide at least 5% of the building square footage for retail or community commercial uses. 3. Additional commercial uses, either within the hotel, or in a separate building, are encouraged. Additional square footage and building height are offered as an incentive as described in appropriate sections below. Additional commercial uses shall serve the public or the visitors in the north end of the City, and can include space for outdoor markets, community gardens, freestanding retail (such as a market), desired community uses such as day care, small retail spaces for lease to entrepreneurs, Pharmacies and Drug Stores, laundry facilities open to the public, restaurants open to the public, and similar uses. E. Open Space New overnight accommodations developments shall incorporate into their subdivision plat or site plan the following usable, functional open space together with a public access easement at the following levels based on the size of all parcels included in the Development: a. 0-1 acre: 5%; All contiguous. b. 1-2 acre: 10%; At least half contiguous. c. 2-5acre: 15%; Minimum 7,500 sq. ft. of contiguous. d. 5+ acre: 25%; Minimum 7,500 sq. ft. of contiguous. F. Building Height 1. The maximum building height for Overnight accommodations shall be 2 stories and a maximum of 30 feet, except as provided below. Commented [NS3]: Do we want to add a requirement for graywater systems for all shared or group shower or laundry facilities and use the graywater for beneficial on site uses? The County Standards include the following standard: “OAO Developments shall include greywater reuse systems for all shared or group shower or laundry facilities and use the greywater for beneficial on-site uses such as reducing the use of culinary water for landscaping irrigation” Commented [NS4]: Should we leave this in? Commented [NS5]: The County has chosen to eliminate these standards, other than to reference the Assured Workforce Housing requirement. Commented [NS6]: The County’s standard is a maximum height of the underlying zoning, unless a viewshed only if the vieshet analysis is determined to show no detrimental impacts on the visibility of surrounding landscape features. 6 2. An additional story (3 stories and a maximum of 40 feet) of overnight accommodation uses may be allowed if the developer is willing to provide the following: a. Additional affordable/employee/workforce housing above and beyond the amount required for Assured Workforce Housing. Each additional unit would result in an increase in square footage of 10,000 sq ft. The maximum of 20,00 sq ft would be allowed with 2 additional workforce housing untis. This would not replace the Assured Workforce Housing requirement but would be in addition to that. The additional units could be placed anywhere on the site; or b. Dedication of land to the City or other qualified entity for the purposes of building affordable/employee/workforce housing; or c. Submit a master plan for the site that includes the overnight accommodation use as well as at least 20,000 square feet of commercial uses that provide goods or services for the community and open to the public. Examples include Day Care Centers, Drug Stores and Pharmacies, Grocery Stores, Open Markets and similar uses. This would be above and beyond the requirement for Civic or Open Space. The commercial uses will not be counted toward the maximum square footage allowable for the Overnight Accommodation uses and may be in a separate structure. G. Maximum Building and Project Size 1. The maximum gross square footage of any building housing overnight accommodations shall be 20,000. 2. The maximum gross square footage of an overnight accommodation project shall be 40,000, except as 3. If the developer chooses to develop commercial uses (over 5% of gross floor area) within a building or project, that project size could be increased by the gross square footage of the commercial use, not to exceed a maximum of 20,000 square feet. 4. The minimum parcel size for a new hotel or motel shall be 2 acres. If there is an existing lot of record as of the date of adoption of this ordinance that is under this minimum, it will be allowed to proceed. H. Site Configuration 1. All development must fit the property – no mass grading or grading of a flat building envelope (building must step with terrain); 2. All development shall stay out of wetlands. 3. Protect major existing trees and vegetation wherever possible (existing trees). If mature trees must be removed for construction, they shall be replaced as a ratio of 3 trees to 1 removed. This is in addition to the required trees as required by the MMC Landscape requirements and standards. Commented [NS7]: The County ordinance includes a maximum building size of 15,000 sf and 35 bedrooms Commented [NS8]: The County ordinance has a maximum project size of 50,000 sq ft and 60 bedrooms Commented [NS9]: Not included in County Code Commented [NS10]: Not included in County Code Commented [NS11]: This is not included in the County Standards Commented [NS12]: This is not included in the County Standards 7 4. Primary uses must face the fronting street with a defined entrance fronting the roadway. Where parcel or site configurations create challenges for meeting this standard, the applicant shall present alternative use and design features that create an appealing and active interface with the fronting roadway. 5. Ensure building scale, orientation, and design relates to the surrounding uses and streets; 6. Creates a cohesive visual identity and an attractive street scene; 7. Ensure site design for efficient pedestrian, bicycle, transit, and vehicular circulation patterns; 8. Create a high-quality pedestrian environment; 9. Promote design environments built to human scale; 10. Ensure delivery, trash, and loading facilities are screened and located so as not to impede regular vehicular and pedestrian circulation and access routes; and 11. Ensure safe and efficient access between buildings and parking areas. I. Building Design Will have examples 1. All hotel structures of 10,000 square feet or greater in gross floor area shall be composed of at least three visual building masses of differing heights and planes; 2. No façade or building wall shall exceed 60 linear feet. More than 5 ft shift in vertical and horizontal façade is required for each 30 linear feet; 3. Building design shall vary between vertical facade divisions and from adjacent buildings by the type of dominant material or color, scale, or orientation of that material; 4. All properties along Hwy 191 will include a single-story element along the roadway. The second story must be set back at least 15 feet from the first story plane; 5. For uses located on the ground floor facing the primary fronting street, at least 30% of Ground Story Transparency is required measured floor to floor. Transparency is any glass in windows and/or doors, including any mullions, that is highly transparent with low reflectance; 6. No rectangular area greater than 30% of a story’s facade, as measured from floor to floor may be windowless, and no horizontal segment of a story’s facade shall be greater than 15 feet in width can be windowless. An exception may be considered if the wall area is to be used as a mural (not a sign); 7. All facades of the proposed building must comply with the building design standards; 8. Air conditioning units and similar mechanical requirements should be avoided on rooftop locations, and fully screened from view when unavoidable. Parking shall be located to the side or rear of buildings; 9. Plastic or vinyl awnings are not permitted. Awning types and colors for each building face shall be coordinated 10. If installed, shutters, whether functional or not, shall be sized for the windows. If closed, the shutters shall not be too small for complete coverage of the window. Shutters shall be wood or other durable material. Commented [NS13]: These are not included in the County Standards Commented [NS14]: This is not included in the County Standards Commented [NS15]: These are not included in the County Standards 8 J. Materials and Colors 1. Permitted primary building materials will include high quality, durable, natural materials such as stone, adobe-type materials, wood lap siding, fiber cement board lapped, shingled, or panel; metal siding; glass, architectural metal panels and cladding and high quality durable stucco. 2. Other high-quality synthetic materials may be approved as details or accents for a unified theme or design concept. Other durable materials will be considered as technologic improvements are made. 3. Aside from solar panels or other infrastructure related to energy efficiency and water use/reuse, OA Developments shall utilize non-reflective materials. 4. OA Developments shall utilize earthtone colors that are complementary to the surrounding landscape and visual backdrops. Exceptions can be made for public art (not signs). SECTION 4: Severability Clause: This ordinance shall be construed so as to be harmonious with Utah law. If any term, requirement, or provision of this ordinance shall be found to be invalid under applicable law it shall be stricken and the remainder of the ordinance shall be enforced without the offending term, requirement, or provision. PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. SIGNED: Emily S. Niehaus, Mayor Date ATTEST: Sommar Johnson, City Recorder Commented [NS16]: This phrase is not included in the County Standards Commented [NS17]: This standard is not included in the County Standards. NAME ADDRESS # BEDROO MS (FOR NIGHTLY RENTALS AND HOTELS) # UNITS (FOR CAMPGR OUNDS) Hotel Rooms BLACKBURN PROPERTY MANAGEMENT LLC83 1/2 E CENTER ST BRIDGER MOUNTAINS LLC1266 N HWY 191 #10 CREEKSIDE AT MOAB 51 E 200 S / 61 E 200 S CULOPACO LLC 343 WILLIAMS WAY EMPTY SPACES LLC 590 & 594 W 470 N KIRSTIN PETERSON 377 WILLIAMS WAY LA DOLCE VITA VILLAS, L.L.C.808 S MAIN LIONSBACK PROPERTIES LLC dba ET635635 W 400 N MOAB RANCH NO 7, LLC 1266 NO. MAIN UNIT #7 MOAB SPRINGS RANCH #2 / GORDON WESTRUM1266 N HWY 191 #2 MSR4BOB 1266 N HWY 191 UNIT # 4 OLLWEILER WILLIAMS WAY335 WILLIAMS WAY 11th East Properties, LLC DBA Moab Spring Ranch, Unit #61266 US Hwy 191, Unit #6 2 429 Williams Way, LLC 429 W. Williams Way 5 57 ROBBER'S ROOST 57 E CENTER 5 AARCHWAY INN 1551 N RIVERVIEW DR 97 97 Adventure Time Vacations, LLC57 N Shields Ln 3 ANDERSON SQUARED LLC 668 W 470 N 2 ANDERSON, BOYD W 45 SHIELDS LN 3 APACHE MOTEL INC 166 S 400 E 35 35 ARCILLA, JOSE 615 W 470 N 4 B PROPERTY GROUP LLC 664 W 470 N 4 BASTIAN, SANDY 632 W 470 N 4 BATEMAN, LAURA 598 W 470 N 4 BAZIL, RHONDA J 154 2 100 W 1 BLACK, ADAM & NICOLE 610 W 470 N 4 BOWEN MOTEL 169 N MAIN 45 45 BOWEN MOTEL LUXURY HOUSE24 W 200 N 4 Bruce Fitch & Verginia Bradley455 Williams Way 3 BUTLER, KRISTA 639 W 470 N 4 C&C Entrada Rentals LLC 672 W. 470 N & 442 N 600 W.8 C2 ENTRADA LLC 421 N 600 W 4 CAHOON INVESTMENTS LLC424 N 650 W 4 CAHOON INVESTMENTS LLC420 N 600 W 4 Room Count Sheet CALI COCHITTA VACATION RENTALS110 S 200 E 9 CANYONLANDS MOTEL 16 S MAIN 80 80 CAROL STOCKHAM, "A MOAB HOUSE"198 W CENTER 4 CASA MOAB LLC 117 BIRCH AVE 2 CAVANAUGH, MARIE B 57 SHIELDS LN 3 CENTER STREET CONDO #3132 E CENTER 1 CHEN, KIM 643 W 470 N 4 CLIFFORD, KIRK & TARRA 425 N 600 W 4 COLLEEN, FARNUM 672 W 470 N 4 COMFORT SUITES 400 N MAIN 94 94 Cottonwood Cottage Moab, LLC166 S. 100 W.2 Curt Herning DBA ET438 Curt Herning Entrada 703438 N 600 W 4 D&D INVESTMENTS (IN PROCESS)111 E 100 S 4 DALTON, DAN & SUE 80 N 300 E 1 DAYS INN MOAB 426 N MAIN 50 50 DESERT ADVENTURE HOUSE LLC661 W 470 N 4 DESERT BLUE 243 W CENTER 3 DESERT EXPERIENCE LLC 1266 N MAIN UNIT #1 1 DESERT INN, THE 1075 S HWY 191 10 10 Dexter Williams 648 W 400 N 4 DILLON RENTALS LLC 420 N 650 W 3 Dillon Rentals LLC 401 Williams Way 3 Doug & Jane Sorensen 1261 N. Hwy 191, Unit # 16 4 Doug & Jane Sorensen 1261 N. Hwy 191, Unit #20 4 Doug & Jane Sorensen 1261 N. Hwy 191, Unit #24 3 Doug & Jane Sorensen 1261 N. Hwy 191, Unit #21 3 DOWNTOWN MOAB 283 WILLIAMS WAY 3 DURLAND DEVELOPMENT LLC263 S 100 E 2 DWELL ACCOMMODATIONS LLC624 W 470 N 4 EAST VH EXPEDITION LODGE, LLC168 N MAIN 36 36 EAST VH MOAB LLC 132 N MAIN 96 96 EdSu Inc.624 N 600 W 4 EGBERT, NICHOLAS 631 W 470 N 4 ELC MOAB, LLC 550 1/2 N MAIN 2 ENTRADA 417 LLC 417 N 600 W 3 ENTRADA 611 LLC 611 W 470 N 4 Entrada At Moab Home, LLC643 W 470 N 4 ENTRADA DOGS, INC 236 N 100 W 10 ENTRADA DOGS, INC 53 E 100 N 4 FAMILY GETAWAY PROPERTIES673 W 470 N 4 FARNUM, CRAIG & COLLEEN442 N 600 W 4 FECTEAU, JACK 285 WILLIAMS WAY 3 FENTON, MARGO & JOHN 451 WILLIAMS WAY 3 FITCH, BRUCE 455 WILLIAMS WAY 3 FONDA, JAMES & LOUISE 347 WILLIAMS WAY 3 FRANDSEN, DUSTIN 393 WILLIAMS WAY 3 FRANDSEN, PAT 389 WILLIAMS WAY 3 GASKILL, STEPHEN P 429 N 600 W 4 George R. Rathbun, Desert Song Properties, Moab Spring Ranch1266 N HWY 191, Unit #14 2 George R. Rathbun, Desert Song Properties, Moab Spring Ranch1266 N HWY 191, Unit #19 1 Go West Vacation Rentals, LLC285 Williams Way 3 GREENLEY, ERIN 590 N 500 W 5 GREENWELL MOTEL 105 S MAIN 75 Greg & Chris Moffet 405 W. Williams way 3 Hells Revenge Properties, LLC (ET 631)631 W 400 N 4 HENRY SHAW HOTEL (in planning review)836 S MAIN 222 HERNING, CURT 438 N 600 W 4 HEUSCHER, SONJA 365 WILLLIAMS WAY 3 HEY GANG HOLDINGS LLC 590 W 470 N 4 HEY GANG HOLDINGS LLC 594 W 470 N 4 HOODOO HOTEL 51 N 100 W 106 106 HornbacherMoab3 (MSR3)N Main 1266 Ice House Place 1 HOSENFIELD, EDWIN OR SUSAN424 N 600 W 4 HUANG, BRYAN 619 W 470 N 4 JANNEY, HUGH (Surthing Investments)381 WILLIAMS WAY 3 JAYHAWK HOLDINGS LLC 1266 N HWY 191 34 ICEHOUSE PL #12 1 Keogh Company LLC, DBA Grand View Cottages41 N Shields Lane 2 KLAES RENTAL PROPERTIES (IN PROCESS)155 W CENTER 4 KNUTH, KURT 652 W 470 N 4 KOKOPELLI LODGE 72 S 100 E 25 25 Kokopelli Lodgings LLC 72 S 100 E Unit # 1 1 Kokopelli Lodgings LLC 72 S 100 E Unit # 2 1 Kokopelli Lodgings LLC 72 S 100 E Unit # 3 1 Kokopelli Lodgings LLC 72 S 100 E Unit # 4 1 Kokopelli Lodgings LLC 72 S 100 E Unit # 5 1 Kokopelli Lodgings LLC 72 S 100 E Unit # 6 1 Kokopelli Lodgings LLC 72 S 100 E Unit # 7 1 Kokopelli Lodgings LLC 72 S 100 E Unit # 8 1 Kokopelli Lodgings LLC 72 S 100 E Unit # 9 1 Kokopelli Lodgings LLC 72 S 100 E Unit # 10 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 Kokopelli Lodgings LLC 236 N 100 W Unit #1 1 KRIBS LLC 416 N 600 W 4 LAQUINTA INN 815 S MAIN 100 100 LARKIN ENTRADA LLC 669 W 470 N 4 Lastayo Rentals 1266 N HWY 191, Unit # 21 3 MALDONADO, MIGUEL 644 W 470 N 4 Mark J Howard/Deborah G Howard/Hey Gang HOlidings LLC590 W 470 N & 594W W 470 N 8 MARKLE, CHAD 51 SHIELDS LN 3 MARSH PROPERTIES 52, 54, 56 E 200 N 6 MASTWOOD UTAH, LLC 665 W 470 N 4 MCELHANEY, JERAMEY 100 ARCHES DR 10 MILLIKEN, ALDY OR GRETCHEN (UP THE CREEK CAMPGROUND)210 E 300 S 18 Moab Oasis at Entrada 434 N 600 W 3 MOAB DIGS LLC 165 W CENTER 2 MOAB HAMPTON INN 488 N MAIN 79 79 MOAB HOLIDAY INN EXPRESS1515 N HWY 191 119 119 MOAB MY PLACE HOTEL (Building Permit to be issued soon1520 N MAIN 64 64 Moab Nightly Rentals DBA Desrt Gardens123 W 200 N & 135 W 200 N 6 MOAB PLACE LLC 890 N MAIN 126 126 MOAB PLACE LLC (CASITAS)890 N MAIN (3RD METER)16 16 Moab Ranch No. 7, LLC 1266 N, HWY 191, Unit #7 3 MOAB RV RESORT LLC (CAMPGROUND)1261 N HWY 191 68 MOAB SLEEP INN MAINSTAY356 S MAIN 87 87 MOAB SPRINGS RANCH (CONDOS)1266 N HWY 191 17 Moab Sprints Ranch #2 1266 N Hwy 191 #2 1 MOAB VALLEY INN 711 S MAIN 125 125 MOTEL 6 1089 N MAIN 66 66 MSR Twenty Two LLC 1266 N HWY 191, Unit #22 2 OFF CENTER CONDO LLC 132 E CENTER #4 1 OFFICER, ROBYN 185 N 300 E 12 PEAD, ORIN 376 N 100 W 2 PEDS, LLC 443 W. Williams Way 4 PEDS, LLC 469 W Williams Way 4 PICARD, DONALD 61 E 200 S 1 PICARD, JACKIE 51 E 200 S 3 PORTAL VIEW DOWNTOWN RETREAT (COTTONWOODS 477)477 WILLIAMS WAY 3 PROPERTY TECH, LLC 20 S 400 E 12 QUALITY INN MOAB SLICKROCK AREA1051 S MAIN 61 61 QUALITY SUITES 800 S MAIN 75 75 QUINTSTAR MANAGEMENT182 S MAIN 81 RADCLIFFE HOTEL (Building Permits Issued)471 S MAIN 38 RAE GAUD INVESTMENTS LLC419 WILLIAMS WAY 3 RED STONE INN 535 S MAIN 52 52 Richard Cummins 415 W. Williams Way 3 RIVER CANYON LODGE 71 W 200 N 80 80 RIVERSIDE INN 988 N MAIN 50 50 RNB MOAB PROPERTIES LLC550 W 400 N 4 RNB MOAB PROPERTIES LLC552 W 400 N 4 RNB MOAB PROPERTIES LLC554 W 400 N 4 Roel And Deb Rental 1266 N HWY 191, Unit #18 1 ROHR, HELENE 173 W CENTER 2 ROHR, HELENE 171 W CENTER 2 Rose Tree Properties 481 E. Rosetree Lane #1 5 Rose Tree Properties 481 E. Rosetree Lane #4 2 Rose Tree Properties 481 E. Rosetree Lane #3 2 Rose Tree Properties 481 E. Rosetree Lane #2 2 Rose Tree Properties, (Atomic Motel, LLC)72 S 100 E Unit 10 Rose Tree Properties, (Uptown MOab, LLC)53 E 100 N Unit #1 1 Rose Tree Properties, (Uptown MOab, LLC)53 E 100 N Unit #2 1 Rose Tree Properties, (Uptown MOab, LLC)53 E 100 N Unit #3 1 Rose Tree Properties, (Uptown MOab, LLC)53 E 100 N Unit #4 1 Rose Tree Properties, Inc (Tiny Home Moab, LLC)236 N 100 W 10 RUSTIC INN, COLIN FRYER 120 E 100 S 35 35 S AND S SERVICE GROUP LLC512 N MAIN 28 S&D GROUP LLC DBA INCA INN570 N MAIN 24 24 Sandy Bastian 632 W 470 N 4 SCHERER, PAT 439 WILLIAMS WAY 3 SCHNEIDER, HANS 660 W 470 N 4 SCHWARTING, TAMARA 323 WILLIAMS WAY 3 SILVER SAGE INN 840 S MAIN 19 19 Simple Holdings, LLC 1266 N. HWY 191, Unit #9 3 SLICKROCK CAMPGROUND1301 N HWY 191 57 SLICKROCK HOTEL (Under Construction))1431 N MAIN 121 SLOT CANYON DBA CASCADE CREEK, LLC245 WILLIAMS WAY 3 SMITH, MARK 430 N 600 W 4 STELLA RUBY COTTAGES 38 E 200 N 3 Steve Vanderburgh 369 Williams Way 3 Steven & Michelle Richards327 W. Williams Way 3 STRONG, NOELLE 602 W 470 N 4 STUCKI, JEFF 147 N 300 E #1 6 SUN COMMUNITIES - CANYONLANDS RV (CAMPGROUND)555 S MAIN 124 SUN MOAB VALLEY RV LLC (CAMPGROUND)1773 N HWY 191 121 SUPER 8 MOTEL 975 N MAIN 146 146 THE BIG HORN LODGE 550 S MAIN 58 58 THE GONZO PROPERTY 100 W 200 S 43 43 THE GONZO PROPERTY 174 W 200 S 1 THE NEIGHBORHOOD SUITES543 NICHOLS LN 4 THE TOWN BUNGALOW 72 W 200 N 3 TIPI SALES GROUP LLC 640 W 470 N 4 TMB Properties, LLC 639 W 470 N 4 TYSON, JARED OR LESLIE 635 W 470 N 4 VIRGINIAN MOTEL 70 E 200 S 37 37 WANGSGARD, DAVID OR SARA606 W 470 N 4 We Rentals 1266 N HWY 191, Unit #5 2 WELLS PROPERTIES LLC 123 W 200 N 2 WESTSIDE FLATS 275 WILLIAMS WAY 4 WILLIAMS, DEXTER 648 W 470 N 4 WND LLC 428 N 650 W 4 WND LLC 623 W 470 N 4 WOLFGRAMM, MICHAEL 432 N 650 W 4 WOLFGRAMM, MICHAEL 620 W 470 N 4 WORLDMARK WYNDHAM (APPROVED TIME-SHARE UNITS)1435 N MAIN 159 YOUNG, BRYAN AND HOLLY628 W 470 N 4 ZOCALO 2 LLC 81 E 100 S 8 ZOCALO 2 LLC 338 E 100 S 8 3451 2136 388 TOTAL # BEDROOMS TOTAL # UNITS In process 222 64 38 121 159 604 }4� 4' 'y1 ry K,.�..1 Moab Valley RV & Camp Park Giammatteo Investments LLC 159,082.43 sf ano� 3.65 acres Cottontree Partners Limited Partnership / 92,290.26 sf 2.12 acres to 1997 Casa De Amigos LLC 163,824.55 sf 3.76 acres Archway Inn Grand County 998,156.57 sf 22.91 acres Michael Duehrssen; Moab Tramway 635,388 sf 14.59 acres R Casa De Amigos LLC r$a 66,069.95 sf 1.52 acres 194,698.59 sf, 4.47 acres Holiday Inn Express 197,124.34 sf 4.53 acres It Lake Accomdat ions, LLC 456,711 sf 10.48 Acres World Mark 694,089.56 sf Moab MyPlace Paladium Foundation 727,822.75 sf 16.7 acres Slickrock Campground / Portal RV NOTE: Not in City Limit Western, er Expodi 2018 Google ',Johnson Neil Bruce ` 108,692.16 sf 2.49 acres ; *i Sy!!"%n 1... ( t Nftsv t r'4 41. I�y 6e T w. i 471 { w _ .4"? 4 ,N •� 38°35'33.69" II 109°34'53.57" Vd elev 3963 ft .. �'s >, �a4r1•.-7,1: Makr eye alt 11309 ft NOTES: RC Zone Parcels, Status, and Area Cory Shurtleff, Assistant Planner 12/31/19 (Image reference “RC Parcel Map.jpeg”) West Side of Highway; North to South -Sun Moab Valley RV LLC (Developed) [Moab Valley RV & Campark; RV PARK] 40431.246077 sm; 435,198.31 sf; 9.99 acres 011260011 1773 N Main -Moab City Easement -Giammatteo Investments LLC (Undeveloped) 14779.241188 sm; 159,082.43 sf; 3.65 acres 011260010 1691 N Riverview Dr -Cottontree Partners Limited Partnership (Undeveloped) 8574.045805 sm; 92,290.26 sf; 2.12 acres 011260009 1653 N Riverview Dr -Casa De Amigos LLC (Partially Developed) 15219.798889 sm; 163,824.55 sf; 3.76 acres 011260008 1617 N Riverview Dr -Casa De Amigos LLC (Developed) [Archway Inn] 18088.091309 sm; 194,698.59 sf; 4.47 acres 011260007 1551 N Riverview Dr -Casa De Amigos LLC (Undeveloped) 6138.098849 sm; 66,069.95 sf; 1.52 acres 011260006 1545 N Riverview Dr -Moab Lodging LLC (Developed) [Holiday Inn Express] 18313.171689 sm; 197,124.34 sf; 4.53 acres 011260005 1515 N Riverview Dr -Nature Conservancy (Conservation) 8701.381461 sm; 93,660.89 sf; 2.15 acres 011260004 1493 N Main -Gardiner Properties Moab LLC (Developed) [World Mark] 64483.029863 sm; 694,089.56 sf; 15.93 acres 011260020 1435 N Main1 -Moab Hospitality LLC (Developed) [Element] 12949.670176 sm; 139,389.09 sf; 3.20 acres 011260019 1431 N Main -Fleischman Matthew A DBA (Developed) [Slickrock] 28292.732821 sm; 304,540.44 sf; 6.99 acres 011350003 1415 N Main -Fleischman Mathew A DBA (Developed) [Slickrock] 9438.289595 sm; 101,592.90 sf; 2.33 acres 011350002 1415 N Main -Buckingham Timothy W (Developed) [Atomic Grill] 4042.883882 sm; 43,517.24 sf; 0.99 acres 011260002 1393 N Main -Western River Expiditions INC (Developed) [Western River Expeditions] 11106.089008 sm; 119,544.95 sf; 2.74 acres 01135004 1371 N Main -Moab RV Resort LLC (Developed) [Portal RV] {Office} 1416.775096 sm; 15,250.04 sf; 0.35 acres 011350001 1261 N Main East Side of Highway; North to South -Utah State Road Commission (Developed) [Lions Park] 23453.35895 sm; 252,449.85 sf; 5.79 acres 011260017 1850 N Main -Grand County (Undeveloped) [Mostly Undevelopable] 92731.780171 sm; 998,156.57 sf; 22.91 acres 011260014 1830 N Main Transit Hub -Salt Lake Accommodation No 338 LLC (Undeveloped) [Tramway] {Subdivision Not Show} 100213.164824 sm; 1,078,685.53 sf; 24.76 acres (Subdivided Lots; Lot 1 635,388 sf, 14.59 acres; Lot 2 456,711 sf, 10.48 acres) 011260012 1750 N Main -Hotel Barons LLC (Vested Development) [Moab MyPlace] 28335.841734 sm; 305,004.46 sf; 7 acres 021260010 1520 N Main -Paladium Foundation (Grand County, outside city limit) 67616.946527 sm; 727,822.75 sf; 16.7 acres 021260137 1500 N Main -Johnson Neil Bruce (Undeveloped) No access onto highway, no legal access from Moab Springs Ranch 10097.832241 sm; 108,M692.16 sf; 2.49 acres 011260001 1340 N Main GRAND COUNTY, UTAH ORDINANCE ________ (2020) AMENDING SECTIONS 3.2.3 AND 4.6 OF THE GRAND COUNTY LAND USE CODE TO REVISE OVERNIGHT ACCOMMODATIONS DEVELOPMENT STANDARDS WHEREAS, Title 17 Chapter 27a of the Utah Code authorizes Grand County to enact ordinances, resolutions, and rules and to enter into other forms of land use controls and development agreements that the County considers necessary or appropriate for the use and development of land within the unincorporated area of Grand County, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing: uses; density; open spaces; structures; buildings; energy-efficiency; light and air; air quality; transportation and public or alternative transportation; infrastructure; street and building orientation and width requirements; public facilities; fundamental fairness in land use regulation; and considerations of surrounding land uses to balance the foregoing purposes with a landowner's private property interests and associated statutory and constitutional protections; WHEREAS, Title 17 Chapter 27a of the Utah Code requires Grand County to provide for the health, safety, and welfare of its residents; improve the peace and good order, comfort, convenience, and aesthetics of the County; protect the tax base; foster the state’s agricultural and other industries; promote the orderly development of urban and nonurban development; provide fundamental fairness in land use regulation; and facilitate orderly growth and allow growth in a variety of housing types; WHEREAS, the Grand County Council (County Council) adopted the Grand County General Plan Update (General Plan) on February 7, 2012 with Resolution No. 2976; WHEREAS, the County Council adopted the Grand County Land Use Code (LUC) on January 4, 1999 with Ordinance No. 299, adopted significant amendments to it on February 19, 2008 with Ordinance No. 468, and has since amended it with additional ordinances for the purpose of regulating land use, subdivision and development in Grand County in accordance with the General Plan; WHEREAS, from time to time the County adopts ordinances to modify its LUC and zoning map to improve the quality and order of land development and align the LUC with changing community conditions, state law, and contemporary planning concepts; WHEREAS, while the General Plan acknowledges the important contribution of tourism to the local economy, it also states that growth in new business sectors should be balanced with tourism to achieve year-round economic diversification with higher-paying jobs; WHEREAS, the County Council adopted Ordinance 595 on July 18, 2019 and ratified the same on August 6, 2019, which modified the use rights and approval procedures associated with new Overnight Accommodations developments; WHEREAS, the County Council adopted a Resolution 3180 on July 18, 2019, which notified the public of a pending ordinance that would modify the use and design standards for Overnight Accommodations developments within 180 days (before January 14, 2020); WHEREAS, the County Council adopted Resolution 3197 on December 3, 2019, which stated its desire and goal of achieving 100% net-renewable energy consumption in Grand County by 2030; WHEREAS, the United States Geological Survey recently published a report of its findings from a multiyear groundwater study of the Moab Area Watershed, which states that: a) safe yield1 for the Area is less than previously estimated; b) the amount and location of return flows into Mill Creek, Pack Creek, and the Colorado River must be studied more; and c) data is lacking on actual diversion volumes for private springs, private wells, and Pack Creek surface diversions, which findings demonstrate the need for additional water study and a multi-agency, intergovernmental groundwater management plan that includes a variety of water conservation policies; WHEREAS, a recent transportation study found that during a typical Friday in the month of May roughly 2,300 vehicles pass through downtown Moab during a peak hour (8:00 a.m. to 9:00 a.m. or 4:00 p.m. to 5:00 p.m.), and projections for the year 2030 suggest that number will increase to 2,750 vehicles per peak hour,2 which traffic volumes have resulted in lower levels of service, longer travel times through Spanish Valley, safety concerns for different user groups, and a diminished experience of downtown Moab for pedestrians and drivers; WHEREAS, the General Plan makes clear that residents and tourists alike value and appreciate the unobstructed and iconic views of the Moab Rim and other landscape features in the Moab Area; WHEREAS, the Grand County Council and Planning Commission see the need for thoughtful, aesthetically pleasing, efficient and sustainable building design to preserve and enhance the character of Grand County in keeping with the Vision, Goals, and Strategies of the General Plan; WHEREAS, the Grand County Planning Commission held a public hearing on December 10, 2019 to solicit written and oral comment from the public regarding the amendments to overnight accommodations development standards proposed in this Ordinance and unanimously voted to send a favorable recommendation to the County Council; WHEREAS, the County Council held a public hearing on December 17, 2019 to solicit written and oral comment from the public regarding the amendments to overnight accommodations development standards proposed in this Ordinance; 1 The amount of water that can be withdrawn each year without risking harm to the aquifer . 2 Fehr and Peers 2018 NOW, THEREFORE, BE IT ORDAINED that the Grand County Council hereby amends and modifies Section 3.2.3 and Sections 4.6.1, 4.6.5, 4.6.6 of the LUC as follows: See Exhibit A. PASSED, ADOPTED, AND APPROVED by the Grand County Council in a public meeting on January 7, 2020 by the following vote: Those voting aye: ____________________________________________ Those voting nay: ____________________________________________ Those absent: _______________________________________________ ATTEST: GRAND COUNTY COUNCIL Chris Baird, Clerk\Auditor Evan Clapper, Chair Exhibit A Section 3.2.3 Commercial Use Standards D. Bed and Breakfast. See Section 4.6, Overnight Accommodations Overlay F. Dude Ranch or Destination Resort. See Section 4.6, Overnight Accommodations Overlay. L. Recreational Vehicle/Travel Trailer Park. See Section 4.6, Overnight Accommodations Overlay M. Residential Units Used for Overnight Accommodations. See Section 4.6, Overnight Accommodations Overlay. Section 4.6.1 Purpose The -OAO, Overnight Accommodations Overlay Districts are overlay districts intended to designate subdivisions and developments within which overnight accommodations are permitted. Overnight accommodations, while part of the Grand County economy and tradition, are not appropriate in all zone districts and parts of the County. -OAO Districts should be applied only to parcel(s) planned or historically used primarily for such use and activity, accessible directly by an arterial or collector street, and where appropriate and compatible with adjacent land uses and neighborhoods. The -OAO Districts ensure that overnight accommodations are designed and developed in a manner that addresses the impacts and the increased service needs they generate, including but not limited to traffic, employee housing, natural resources (e.g., land and water), sewerage, law enforcement, and emergency medical services. The -OAO Districts also ensure that Grand County maintains a healthy amount of developable commercial land and mix of commercial uses that support a diverse economy. The -OAO Districts should be applied to ensure that new and redeveloped projects result in tangible community benefits through the application of creative design, the incorporation and support for mixed uses both on site and elsewhere in the community, and through the provision and support for public uses and spaces to provide a balanced community structure. Section 4.6.2 Applicability The regulations set forth in this Section may be applied to real property located within the OAO Boundaries shown on Exhibit A upon application to and approval by the County Council pursuant to the provisions herein. When approving or denying an -OAO District Application, the Council shall consider and make findings related to the impact of the proposed development on: A. Grand County’s effort to achieve or maintain a balanced ratio of mixed uses in the County, including residential, lodging, and commercial uses; and 1. In determining what constitutes a balanced ratio of mixed uses, the County Council shall consider the following factors: a. Grand County’s early 2019 development ratio of 1.4 overnight accommodation units to 1 primary residential unit; b. Carrying capacity analyses or additional studies specific to Grand County; and c. The considerations of interest in Section 4.6.7(C)(2)(g)(1). Upon approval, and subject to all applicable zoning regulations, the -Development Agreement and Master Plan shall control development of the applicable real property. Section 4.6.5 Design Standards in -OAO Districts Unless otherwise specified below, all development in an -OAO District shall comply with the design standards of the underlying zoning district and this Section 4.6, as amended. A. Energy. 1. OAO Developments in the OAO-Hotel/Motel District and Residential Units used for overnight accommodations in the OAO-Residential District and all structures owned or managed by OAO Developments in the OAO-RV/Campground District shall produce eighty percent (80%) of their energy needs on-site through solar, geothermal, or other renewable energy sources. 2. OAO Developments are encouraged to purchase their remaining energy needs through renewable energy programs and credits. 3. OAO Developments may meet these energy requirements by submitting a certification through the Green Building Council (LEED Zero or better), Living Building Challenge, Net Zero Building Certification, or other established industry standard. 4. OAO Developments shall submit an annual report demonstrating compliance with the above standards by notarized affidavit to the County on or before January 31 each year. Failure to comply with this requirement could result in the loss of a business license. B. Water 1. OAO Developments shall install the largest feasible rainwater catchment system based on rooftop size, layout, and an analysis of average storm events, as demonstrated by a stamped engineering plan; provided, however, that Developers shall not be required to install systems that would generate more water than is needed to satisfy a development's outdoor water/landscaping irrigation needs. a. OAO Developments shall use the water for beneficial on-site uses such as reducing the use of culinary water for landscaping irrigation. Unless exempt, Developers shall register their capture and storage of precipitation with the State of Utah Division of Water Rights prior to placing the water to beneficial use. 2. OAO Developments shall include greywater reuse systems for all shared or group shower or laundry facilities and use the greywater for beneficial on-site uses such as reducing the use of culinary water for landscaping irrigation. 3. OAO Developments shall utilize drought-resistant, water-wise, and xeriscape landscaping design principles. Turf grass may not exceed 10% of the landscaped area or 3,000 square feet, whichever is less. 4. To the maximum extent possible, OAO Developments shall utilize bio-retention and bio-infiltration systems to manage storm water runoff. C. Transportation 1. OAO Developments shall incorporate into their subdivision plat or site plan the following transportation infrastructure: a. Space to accommodate a transit or shuttle stop. b. OAO Hotel/Motel Developments shall provide covered, lockable bike storage at a rate of 1 space per 2 lodging units. c. Active transportation and non-motorized trail easements dedicated to the public where identified in the Grand County Non-Motorized Trails Master Plan. d. Electric vehicle charging stations at the rate of rate of 2 stations per the first 25 units, with one being ADA accessible, and 1 station per additional 25 units. 2. OAO Developments shall incorporate into their subdivision plat or site plan transportation solutions that will aim to reduce projected vehicle trips below the ITE Trip Generation Manual by 20%. D. Mixed Use 1. OAO Developments must comply with the Assured Housing Requirements of Section 6.15. E. Open Space 1. OAO Developments shall incorporate into their subdivision plat or site plan the following usable, functional open space together with a public access easement at the following levels based on the size of all parcels included in the Development: a. 0-1 acre: 5%; All contiguous. b.1-2 acre: 10%; At least half contiguous. c. 2-5acre: 15%; Minimum 7,500 sq. ft. of contiguous. d. 5+ acre: 25%; Minimum 7,500 sq. ft. of contiguous. F. Height 1. OAO Developments shall be required to provide a viewshed analysis as part of their OAO application, which analyzes the impact of the proposed height and citing of structures on the visibility of surrounding landscape features. 2. Potential viewshed impacts, as determined by the viewshed analysis, shall be reasonably mitigated, which may include height and citing restrictions. 3. OAO Developments may be constructed to the maximum height allowed by the underlying zone district only if the viewshed analysis is determined to show no detrimental impacts on the visibility of surrounding landscape features. 4. OAO Developments shall be subject to the Ridgeline Standards in Section 6.9.8 of the Grand County Land Use Code G. Density & Scale 1. Hotel/motel and residential developments used for overnight accommodations shall have a maximum building size of 15,000 sq ft and 35 bedrooms. 2. Hotel/motel and residential developments used for overnight accommodations shall have a maximum project size of 50,000 sq ft and 60 bedrooms. 3. RV/Campground developments shall be limited to a maximum of 60 spaces. H. Site Configuration 1. Primary uses must face the fronting roadway. Where parcel or site configurations create challenges for meeting this standard, OAO developers shall present alternative use and design features that create an appealing and active interface with the fronting roadway. 2. All development must fit the topography of the property. No mass grading or grading of a flat building envelope (building must step with terrain) is permitted. 3. Additional off-street parking may be required as necessary to mitigate impacts on adjacent land uses and neighborhoods as determined by the Zoning Administrator and County Engineer. I. Building Design 1. No façade or building wall shall exceed 60 linear feet. More than 5 ft shift in vertical and horizontal façade is required for each 30 linear feet; 2. Building design shall vary between vertical facade divisions and from adjacent buildings by the type of dominant material or color, scale, or orientation of that material and at least two of the following: a. The proportion of recesses and projections; b.The location of the entrance and window placement, unless storefronts are utilized; c. Roof type, plane, or material, unless otherwise stated in the Building Type requirements. 3. No rectangular area greater than 30% of a building story’s facade, as measured from floor to floor may be windowless, and no horizontal segment of a building story’s facade greater than 15 feet in width may be windowless, unless otherwise approved. An exception may be considered if the wall area is to be used to display public art (not a sign). 4. Air conditioning units and similar mechanical requirements should be avoided on rooftop locations, and fully-screened from view when unavoidable. Rooftop parking shall be shielded from view and integrated into the overall building design. 5. Plastic or vinyl awnings are not permitted. Awning types and colors for each building face shall be coordinated. Awnings must be of solar stabilized materials. 6. If installed, shutters, whether functional or not, shall be sized for the windows. If closed, the shutters shall not be too small for complete coverage of the window. Shutters shall be wood or other durable material. J. Materials and Colors 1. OAO Developments shall be constructed of durable, primary materials such as stone, brick and adobe-type materials; wood lap siding; fiber cement board lapped, shingled, or panel; metal siding; glass, or engineered stone. Aside from solar panels or other infrastructure related to energy efficiency and water use/reuse, OA Developments shall utilize non-reflective materials. 2. OAO Developments shall utilize earth tone colors that are complementary to the surrounding landscape and visual backdrops. Exceptions shall be allowed for public art. 4.6.6 Use and Occupancy Standards In addition to the requirements of Section 4.6.5 above, all principal and accessory structures in an OAO Development shall comply with the following use and occupancy standards requirements. An individual land use permit and business license shall be required for each RV/campground, hotel/motel, or dwelling unit rented for time periods of less than 30 days. A. Bed and Breakfasts Bed and breakfasts shall comply with the standards of this section: 1. Bed and breakfast facilities shall meet the minimum performance standards for off- street parking as specified in Section 6.1, including reasonably expected extraordinary parking demands. a. On-street parking by bed and breakfast guests is expressly prohibited; b. Driveways and other access ways to the principal structure do not satisfy the off-street parking requirements for bed and breakfast guests. 2. One sign shall be allowed, in accordance with the requirements of Section 6.5, Signs, of this LUC; 3. Information for emergencies must be made available to guests. 4. The zoning administrator may revoke a bed and breakfast permit if it is determined that: a. The applicant has misrepresented any material fact on his or her application, or supporting materials; b. The bed and breakfast fails or ceases to comply with applicable standards, conditions or criteria for issuance of a permit; c. The operation of the bed and breakfast violates any statute, law, ordinance or regulation; and/or d. The operation of the bed and breakfast constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public. [Ord. 569, 2017; Ord. 548, 2016.] B. Dude Ranch or Destination Resort Dude ranches and destination resorts shall be permitted in the OAO-Hotel/Motel Districts. All dude ranches or destination resorts shall comply with the standards of this section: 1. Accessory facilities may include restaurants, gift shops, employee housing, equestrian facilities and health spas; 2. Provide adequate public facilities and services based on the type and scope of the development proposed; a private water and/or sewerage system may be required where the capacity of available public water system and/or sewage treatment system is insufficient to serve current zoned density; 3. Provide public trail and/or road rights-of-way dedications as necessary to maintain historic access to public lands; 4. Provide complete food service for all guests; 5. Provide a recreational amenity package suitable for the scale of the project. 6. Signs allowed on site shall comply with the requirements of Section 6.5, provided, however, that: a. Maximum allowable signage, defined as the aggregate total square footage of signs on-site, shall be as determined by the Planning Commission up to a maximum of 192 square feet, provided that no individual sign shall be larger than 92 square feet; and b. Signs that are not visible from off-site shall not be considered in the maximum allowable signage. 7. The density of accommodations units shall be limited to one (1) per 2.5 acres, and the average size of all accommodations units shall not exceed 600 square feet; provided, however, that the County may permit bonus density up to one (1) unit per acre and/or bonus average unit size, where the County specifically finds that a proposed development will provide significant and substantial public benefit, as compared to alternative uses for the subject property, by exceeding county standards with respect to: a. Protection of sensitive lands on the site; b. Dedication of view shed easements across the property from high public use areas; c. Dedication of 80 percent or more of the site as open space; d. Protection and enhancement of wildlife habitat; and e. Diversification of the local economy. 8. Employee housing shall be provided and such housing shall be restricted in accordance with the requirements of Section 6.14. C. Recreational Vehicle, Campground, and Travel Trailer Park Recreational vehicle, campground, and travel trailer parks shall comply with the following standards 1. Each space may be occupied only by persons using “park model” units, travel trailers, truck campers, small cabins (traditional KOA-style), and tents for overnight, short duration, or seasonal camping; 2. Each space RV/travel trailer space shall be at least 1200 square feet in area; 3. Each cabin or tent space shall be at least 800 square feet in area; 4. Each space shall be at least 30 feet in width; 5. Each park shall be served by public water and sewer facilities; 6. No space shall be located more than 200 feet from a water and sewage service building; 7. The County may require landscaping and screening pursuant to the provisions of Section 6.4, Landscaping and screening; and 8. One (1) tree of a species suitable for the area shall be provided for each 2 spaces, and shall be located in close proximity to those spaces. (Existing trees on the site may be used to satisfy this requirement.) D. Residential Units Used for Overnight Accommodations Residential units used for overnight accommodations shall comply with the following requirements: 1. Each residential dwelling unit used for overnight accommodations shall require its own land use permit and business license even when multiple units are owned or managed by one entity. 2. Such units shall be managed by Utah-licensed property management agents or companies with a local, Grand County representative, and shall collect and pay all applicable taxes, including but not limited to, the Transient Room Tax (TRT). 3. Additional off-street parking may be required as necessary to mitigate impacts on adjacent land uses and neighborhoods. 4. Properties used for overnight accommodations shall have direct access to an arterial or collector street. 5. Current contact information for property owners or management agencies or companies shall be posted in an accessible location outside such units or project. 4.6.7 -OAO District Application C. 2. g. A narrative that includes: (1) A description, stated with specificity, of how the proposed development impacts or benefits the following considerations of interest to Grand County and how any such impact shall be addressed or mitigated: a. Economic diversification b. Job creation c. Increased wages d. Community aesthetics e. Civic and open space f. County infrastructure such as roads, water, sewer, and storm water g. Public services such as law enforcement and emergency medical services h. Traffic, in quantity and circulation i. Water resources, in quantity and quality j. Housing demand k. Crowding or congestion in national parks and other nearby public lands. (2) A description, stated with specificity, of additional beneficial public services and goods the proposed development provides to the community. (3) An analysis that compares the stated community benefit(s) with the proposed impact(s). Moab City Council Agenda Item Meeting Date: January 14, 2020 Title: Confirmation of Mayoral Appointment to the City Planning and Zoning Commission Staff Presenter: n/a Attachment(s): -Letter of intent Recommended Motion: I move to confirm the mayoral appointment of Luke Wojciechowski to the City Planning and Zoning Commission, effective immediately to replace the appointment formerly held by Allison Brown. His term will expire December 31, 2022. He will be eligible for reappointment at that time. Background/Summary: Per Title 2 of the Moab City Code, the Mayor appoints and the Council confirms the members of the City’s Planning and Zoning Commission. December 2, 2019 Dear Mayor Niehaus, My name is Luke Wojciechowski and I am writing you today to express my desire to serve on the Moab City Planning Commission. I have been a resident of Moab for almost three and a half years. In that time, through both my professional capacity at Seekhaven and through various volunteering opportunities, I have grown to love this little, vibrant community. I have also been able to bear witness to many of the struggles that face this community – particularly the housing crisis we are currently experiencing. At Seekhaven, on a near daily basis, we struggle to assist clients in finding suitable housing for themselves and their families. Unfortunately, all too frequently we are unable find appropriate solutions for our clients and they are left with the options of returning to their unsafe living situations, overextending themselves financially, or leaving the town of Moab in search of better alternatives elsewhere. I would love to have an opportunity to be able to give them another choice – the ability to choose to find affordable, sustainable housing in the town they love. Personally, I have been fortunate enough to participate in the Mutual Self-Help program and have been able to experience the innumerable benefits that arise from being able to find affordable, sustainable housing. I hope that by serving on the planning commission I can have the opportunity to “pay it forward” and provide more residents of Moab these same benefits. I believe that the totality of my professional experience has allowed to me to develop skills that very much lend themselves to the work done on the Planning Commission. Working as a consultant and in my capacities as Director of Client Services and Director of Programs at Seekhaven I have been forced to quickly synthesize a lot of nitty gritty details in order to help me get a better understanding of the “big picture.” Working at Thresholds and at Seekhaven, I have gotten to familiarize myself with groups of people that are often overlooked and without a voice – even though they frequently play fundamental roles in our communities. And, through the totality of my professional endeavors I have had to work collaboratively with others in order to try to successfully come to mutually beneficial outcomes. I would be honored to serve on the Planning Commission and attempt to give back to a town and, most importantly, its residents which have already given me so much in my short time here. I thank you for your time and consideration. Please do not hesitate to contact me if you have any questions or concerns. I look forward to hearing from you soon. Sincerely, Luke Wojciechowski 1006 Valley View Ct Moab, UT 84532 847-345-1137 Wojo1286@gmail.com Moab City Council Agenda Item Meeting Date: January 14, 2020 Title: Proposal to re-appoint Arne Hultquist to the Water Conservation and Drought Management Advisory Board Disposition: Discussion and possible action Staff Presenter: Carly Castle Attachment(s): None Recommended Motion: “I move to confirm the reappointment of Arne Hultquist as a member of the Water Conservation and Drought Management Advisory Board for a renewable term commencing immediately and expiring December 31, 2022, in accordance with the bylaws of the Water Conservation Board.” Background/Summary: In a unanimous vote at their regularly-scheduled meeting of November 13, 2019 and in keeping with their bylaws, the Water Conservation and Drought Management Advisory Board nominated City resident Arne Hultquist for the Mayor’s consideration to present to the Council for reappointment to the Board for a two year term commencing immediately and expiring December 31, 2022. Moab City Council Agenda Item Meeting Date: January 14, 2020 Title: Proposal to re-appoint Kara Dohrenwend to the Water Conservation and Drought Management Advisory Board Disposition: Discussion and possible action Staff Presenter: Carly Castle Attachment(s): None Recommended Motion: “I move to confirm the reappointment of Kara Dohrenwend as a member of the Water Conservation and Drought Management Advisory Board for a renewable term commencing immediately and expiring December 31, 2022, in accordance with the bylaws of the Water Conservation Board.” Background/Summary: In a unanimous vote at their regularly-scheduled meeting of November 13, 2019 and in keeping with their bylaws, the Water Conservation and Drought Management Advisory Board nominated City resident Kara Dohrenwend for the Mayor’s consideration to present to the Council for reappointment to the Board for a two year term commencing immediately and expiring December 31, 2022. Moab City Council Agenda Item Meeting Date: January 14, 2020 Title: ACTION ITEM – DISCUSSION AND POSSIBLE APPROVAL OF ORDINANCE 202O- 01 APPROVING A ZONING MAP AMENDMENT FOR PROPERTY OWNED BY THE CITY OF MOAB AT 193 WALNUT LANE FROM R-2 SINGLE-HOUSEHOLD AND TWO-HOUSEHOLD RESIDENTIAL ZONE TO R-4 MANUFACTURED HOUSING RESIDENTIAL ZONE, AND AMENDING THE CITY OF MOAB OFFICIAL ZONING MAP Date Submitted: October 24, 2019 Staff Presenter: Kaitlin Myers, Senior Project Manager Applicant: City of Moab Location: 193 Walnut Lane (mailing addresses 250 & 280 W Walnut Lane) Zoning: Currently split-zoned with R-2 Single-Household and Two-Household Residential Zone to the north and R-4 Manufactured Housing Residential Zone to the south; requesting R-4 to be applied for both parcels. Attachment(s): Exhibit A: Draft Ordinance #2020-01 Exhibit B: Applicant Statement Exhibit C: Property Survey Exhibit D: Vicinity Map showing surrounding uses and zoning Options: City Council is being asked to discuss and possible approve Ordinance 2020-01 approving for the requested rezone. Options for action include: 1. Approve Ordinance 2020-01 with or without edits; or 2. Deny Ordinance 2020-0 with specific findings supporting the recommendation; or 3. Continue or table action to a later meeting with specific direction to the City Staff and Applicant as to additional information needed to make a decision. Motion for recommending approval: I move to approve Ordinance #2020-01, approving the zone changes for Community Rebuilds based on the findings required by Moab Municipal Code 17.04.060 Map amendment approval criteria. Background Information: In late 2018, the City of Moab purchased two parcels located at 193 Walnut Lane. The current use on the property is a residential mobile home park, and th e City intends to redevelop the parcels into a mixed-income multifamily housing project. The property is split-zoned, with R-2 (Single-Household and Two-Household Residential Zone) to the north and R-4 (Manufactured Housing Residential Zone) to the south. The requested rezone will change 1.62 of the 2.91 acres from R-2 to R-4 so the entire property will be in the same zone district. Parcel Description: The current use of the property is a residential mobile home park and includes thirty-six (36) mobile homes. The City intends to redevelop the parcels to a mix-income multifamily housing development. Both manufactured housing and multifamily housing are permitted uses in the R-4 but not in the R-2 zone. All utilities are available to the site but will need significant improvements for the redevelopment. The adjacent properties are a mix of R-2, R-4, and C-2 zones and include single-family residential, multifamily residential, a mobile home park, overnight accommodations, and healthcare services uses. Zoning Map Change Criteria: Section 17.04.060 of the Moab Municipal Code sets forth criteria to consider with reviewing a Zoning Map Amendment. The criteria are listed below followed by a response or analysis by city staff as follows: 17.04.060 Map amendment and approval criteria. The Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment. A. Was the existing zone for the property adopted in error? Staff Comment: It is likely the property was split-zoned in error, as the established R-2 zone was drawn down the center of the right-of-way for 200 N and does not follow property boundaries for three parcels along Walnut Lane. B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? Staff Comment: The property is located near the Hoodoo Hotel and Hoodoo Apartments, which are in various stages of completion. The Hoodoo has constructed one employee apartment building and a hotel and plans to develop overnight casitas and an additional phase of employee housing apartments. However, neither the property itself nor many of the other adjacent parcels have changed character or undergone any substantial improvements. Once the property is rezoned, the City intends to proceed with redeveloping the property. Any new project on this site will be evaluated for its impact on City infrastructure and new improvements will be determined at the time of site plan or Planned Affordable Development application. C. Is there a need for the proposed zoning within the area or community? Staff Comment: Yes. The current use on the property is not permitted in the R-2 zone, and it is best planning practice to correct a split-zoning error when possible. D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Staff Comment: The proposed zone change is compatible with the surrounding area. The adjacent properties are a mix of R-2, R-4, and C-2 zones and include single-family residential, multifamily residential, a mobile home park, overnight accommodations, and healthcare services uses. E. Will benefits be derived by the community or area by granting the proposed zoning? Staff Comment: Rezoning the property to R-4 will grant the City a higher residential density to develop more affordable and attainable housing for the community. Additionally, PAD developments are not permitted in the R -2 zone, so by amending the zone, the City will be able to use the PAD to redevelop the property. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Staff Comment: The facilities will need to be improved to serve a higher-density multifamily development. City staff plans to use the Planned Affordable Development (PAD) for this redevelopment and will address necessary mitigation impacts at that time , but they can be reasonably improved to serve the increased density proposed for this site. G. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? Staff Comment: The Future Land Use Map of the General Plan shows this property as Residential, reflecting the current R-2 and R-4 zoning. As stated in the Project Narrative submitted by the applicant (Exhibit B), the zone change will comply with the elements, goals, and policies of the Moab General Plan, including the following: • Promote a variety of housing types and neighborhoods for primary residences. • Encourage housing opportunities for a variety of needs and income levels. • Promote strategies that improve the ability of all Moab residents to have access to affordable, quality housing. Comparison of Uses: The following table shows the permitted uses in the R-2 and R-4 zones. Permitted Uses in the R-2 Zone Permitted Uses in the R-4 Zone ADUs ADUs Agriculture Agriculture Daycare Boys’ and girls’ schools and correctional institutions Foster care homes Daycare Group homes Group homes Home occupations Home occupations One household dwellings and accessory uses Mobile home parks and subdivisions Places of worship Multi-household dwellings Planned unit developments One household dwellings and accessory uses Public facilities Places of worship Public libraries Planned unit developments Public parks and public recreation buildings Public facilities Schools Public libraries Two-household dwellings and accessory uses Public parks and public recreation buildings Schools Two-household dwellings and accessory uses Planning Commission Action: On December 12, 2019, the Planning Commission held a public hearing on this zoning map amendment change. There were 4 comments made by the public. The comments were primarily from residents in Walnut Lane. Their primary concern was being displaced. The staff talked to the property owners and reassured them that they would not be displaced. One Comments was from the neighborhood adjacent to Walnut Lane. They did not necessarily oppose the project but wanted to make sure that it went through all the proper approval processes. The Planning Commission unanimously recommends approval of the Ordinance. CITY OF MOAB ORDINANCE #2020-01 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT FOR PROPERTY OWNED BY THE CITY OF MOAB AT 193 WALNUT LANE (MAILING ADDRESSES 250 & 280 W. WALNUT LANE) FROM R-2 SINGLE-HOUSEHOLD AND TWO-HOUSEHOLD RESIDENTIAL ZONE TO R-4 MANUFACTURED HOUSING RESIDENTIAL ZONE, AND AMENDING THE CITY OF MOAB OFFICIAL ZONING MAP WHEREAS, the City of Moab (“Owner”), has applied to rezone an approximately 1.62-acre portion of a 2.91-acre property with an address of approximately 193 Walnut Lane, Moab, Utah, and more particularly described as follows: PARCEL 1: DESCRIPTION OFA PARCEL OF LAND IN LOT 3, SECTION 1, T26S, R21 E, SLM, GRAND COUNTY, UTAH: Beginning at a corner which bears South 911.1 feet and West 1064.3 feet from the North,½ corner Section 1, T26S, R21E, SLM, and proceeding thence South 0'51' West 425.5 feet to a corner; thence North 89 '43' West 139.5 feet to a point (not set) on the East line of the Nelson parcel; thence North 411. 5 feet to the Northeast corner of the Nelson parcel; thence East 14. 7 feet to a point (not set) on the West line of the Johnson parcel; thence with the said line North 0' 13' East 12. 8 feet to the Northwest corner of the Johnson parcel; thence with the North line of the Johnson parcel North 89 '47' East 131. 1 feet to the point of beginning. PARCEL 2: DESCRIPTION OF A PARCEL OF LAND IN LOT 3, SECTION 1, T26S, R21 E, SLM, GRAND COUNTY, UTAH: Beginning at a rebar with plastic cap which bears South 911.1 feet and West 1064.3 feet from the North¾ corner of Section 1, T26S, R21 E, SLM, and proceeding thence North 89 °47' East 203. 6 feet to a cedar post, thence South 0°08' West 300.0 feet to a cedar post: thence South 0'03' East 117.3 feet to a 3/8" spike; thence North 89 '43' West 86. 7 feet to a 318" spike; thence North 0°47' West 167.0 feet to a 3/8" spike; thence South 88 °47' West 118.0 feet to a 518" rebar with plastic cap; thence North 0°51' East 261. 7 feet to the point of beginning. WHEREAS, the approximate 2.91-acre property is currently split-zoned, with 1.62 acres zoned R-2 (Single-Household and Two-Household Residential) and 1.29 acres zoned R-4 (Manufactured Housing Residential), and the Applicant has requested a zoning map amendment to change the R-2 to the R-4, creating one continuous R-4 zone; and WHEREAS, the property is currently a mobile home park and intends to redevelop it to a multifamily residential development, which are allowed uses in the R-4 zone but not the R-2 zone; and WHEREAS, the property is adjacent to single-family residential, multi-family residential, mobile home parks, healthcare services, and various commercial uses; and WHEREAS, the Applicant is aware that a site plan may be required for development if the amended zoning is approved; and WHEREAS, the Applicant provided the Planning Commission (Commission) with an application and the appropriate documents as required in MMC Section 17.04; and WHEREAS, the Commission reviewed the application in a duly advertised public hearing held on December 12, 2019, to review the allowed uses in the R-2 and the R-4 zoning districts; and WHEREAS, the Commission determined that the amendment to the zoning map is in accordance with the General Plan and development trends of the community and intends to provide attainable and affordable housing opportunities to the local community; and WHEREAS, having evaluated the staff report, statements from the Applicant and the public, the Commission concluded that the proposed change in the zoning for this property was an acceptable amendment to the Official Zoning Map; and WHEREAS, the Commission has determined that the review standards in Moab Municipal Code chapter 17.04.060, Map amendment approval criteria, have been met as follows: A. The proposed zoning classification for residential use is compatible with the majority of surrounding uses and impacts to the existing development can be mitigated, B. Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification, C. The surrounding uses will be buffered from other residential and commercial development in the area; and D. The application conforms to the provisions of the Moab General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOAB, UTAH, having considered public comment, Staff comments, and discussion of the pertinent aspects of the proposed development, by adoption of Planning Resolution #2020-01, does hereby find, determine, and declare, that the applicable provisions of the Moab Municipal Code and the intent of the Moab General Plan can be met; AND, FURTHERMORE, the City Council approves the application to rezone the Walnut Lane Property in the R-2 Multihousehold Residential Zone to R-4 Manufactured Housing Residential Zone. ______________________________ ___________________ Emily Niehaus, Mayor Date Attest: _________________________ Sommar Johnson, City Recorder Applicant Narrative: Request Rezone from R-2 to R-4 Moab City Staff is applying to rezone the parcels at 250 and 280 W Walnut Lane from a split-zone of R-2 to the north and R-4 to the south to a continuous R-4 zone. The requested rezone will change 1.62 of the 2.91 acres from R-2 to R-4. The current use of the property is a residential mobile home park, and the City intends to redevelop the parcels to multifamily housing, which are both permitted uses in the R- 4 but not in the R-2 zone. The adjacent properties are a mix of R-2, R-4, and C-2 zones and include single-family residential and healthcare services uses. The zone change will comply with the elements, goals, and policies of the Moab General Plan, including the following: • Promote a variety of housing types and neighborhoods for primary residences. • Encourage housing opportunities for a variety of needs and income levels. • Promote strategies that improve the ability of all Moab residents to have access to affordable, quality housing. The change will comply with the City’s Future Land Use Plan, which designates the area as residential. Additionally, it is best planning practice to rectify split-zoning when possible, so this amendment will ensure the City is following best planning practices. The rezone will not create any impacts that will require mitigation for the current uses on the site. It will bring a nonconforming use in the R-2 zone into a more appropriate zone district. Once the zoning is corrected, the City intends to proceed to create a master plan to redevelop the existing mobile home community into a higher density, affordable development for Moab residents. City staff plans to use the Planned Affordable Development (PAD) for this redevelopment and will address necessary mitigation impacts at that time. LOT 8 NORTHWEST CORNER SECTION 1, T26S, R21 E, SLB&M -I- LOT 7 N 00°13'00" E 12.80' — TEL TEL T 10' UTILITY EASEMENT N: 6656417.76 E: 2196177.98 N: 6656404.62 E: 2196163.53 NELSON COURTS LLC #01-001-0107 West 14.70' ❑ LOT 6 KERBY SUBDIVISION 131.10' L T L 193 Walnut Lane Fl1R COUNTRY ENTERPRISES LLC, #01-001-0229 ❑ -13 I ❑ _ _ S S s OHP OHP 60421 Sq. Feet 1.39 Acres (PARCEL 1) TRAILER (TYP. ) N: 6655993.23 E: 2196173.20 / DRIVEWAY EL ❑ x POB TEL N 89°53'22" E (BASIS OF BEARING) TEL Oyx, OyA N: 6656159.68 E: 2196311.26 LOT 5 OyA TEL °47' oy S 8:°47'0 n W 4 71) Iv. FAR COUNTRY ENTERPRISES LLC, \ #01-001-0106 68071 Sq. Feet oy 8.0' 268 Walnut Lane CLARK #01-001-0105 1.56 Acres N: 6656164.95 :2196429.14 (PARCEL 2 ) oy o LOT 3 11' WIDE ACCESS EASEMENT "EXCEPTION 13 M rn 0 O N: 6656426.85 E: 2196512.52 TRAILER (TYR) N: 6655998.00 E: 2196435.28 IRRIGATIOND SD—NS18353677V 39 b D ::D=31:82 665599 S S 67 S I‘C.C,Ebb LFD S 15' WIDE PIPELINE EASEMENT W *E'4CEPTIWN 12 OHP- -OH f'— OHP- W -0HP— OHP - OHP— W SD d x SD SD SD SD 8' WIDE SEWER S S—EINESEASEMENSF * EXCEPTION 11 ❑ v BHP -01tr-- BHP �]HP fiHP SD '\. oSD SD NI S S U �1 `Sr IW N: 6655999.61 E: 2196521.96 ,osb„ W 6t7pr SD S W NORTH QUARTER CORNER SECTION 1, T26S, R21 E, SLB&M cn O 0 O O West 1064.30' (TIE) Lucas Subdivision Lot 3 SUBJECT PROPERTY APPEARS TO HAVE ACCESS FROM 200 NORTH STREET AS WELL AS WALNUT LANE. 2nd North Street (PUBLIC ROAD) Lot 2 co CLIMAS #01-001-0102 W SWALN UT LANE S 1>< (vPUBut R.CADy - -- -_ OHP - - - OHP - - NOTES: 1. Subject property hosts a mobile home park. This survey does not include what are typically services to the existing mobile homes. Rather, this survey attempts to map & note utility mains that serve the subject property and adjacent lands. 2. The legal description for parcel 2 does not mathematically close. It appears the adjoining call along the Climas parcel where the error is located and noted on the plat. LEGEND nu _ BHP-_ OHP --o� �Iz� OHP - OHP — 30 SURVEYOR'S CERTIFICATE GRAPHIC SCALE 0 30 15 TO: FAR COUNTY ENTERPRISES LLC, TO CITY OF MOAB,TO STEWART TITLE GUARANTY COMPANY AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS AS FOLLOWS: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BYALTAAND NSPS, AND INCLUDES ITEMS 1, 2, 4, 8, 11, 13 and 20 of Table A thereof. THE LOCATION OF EACH EASEMENT, RIGHT OF WAY, SERVITUDE, AND OTHER MATTER AFFECTING THE SUBJECT PROPERTY AND LISTED IN THE TITLE INSURANCE COMMITMENT DATED AUGUST 16, 2018, ISSUED BY ANDERSON-OLIVER TITLE INSURANCE AGENCY INC. UTAH TITLE COMPANY WITH RESPECT TO THE SUBJECT PROPERTY, HAS BEEN SHOWN ON THE SURVEY, TOGETHER WITH APPROPRIATE RECORDING REFERENCES, TO THE EXTENT THAT SUCH MATTERS CAN BE LOCATED. THE PROPERTY SHOWN ON THE SURVEY IS THE PROPERTY DESCRIBED IN THAT TITLE COMMITMENT. EXCEPT AS SHOWN, THE LOCATION OF ALL IMPROVEMENTS IS IN ACCORD WITH MINIMUM SETBACK PROVISIONS AND RESTRICTIONS OF RECORD REFERENCED IN SUCH TITLE COMMITMENT. Lucas Blake License No. 7540504 BOUNDARY DESCRIPTION PARCEL 1: DESCRIPTION OFA PARCEL OF LAND IN LOT 3, SECTION 1, T26S, R21 E, SLM, GRAND COUNTY, UTAH: Beginning at a corner which bears South 911.1 feet and West 1064.3 feet from the Northi corner Section 1, T26S, R21 E, SLM, and proceeding thence South 0°51' West 425.5 feet to a corner; thence North 89 °43' West 139.5 feet to a point (not set) on the East line of the Nelson parcel; thence North 411. 5 feet to the Northeast corner of the Nelson parcel; thence East 14. 7 feet to a point (not set) on the West line of the Johnson parcel; thence with the said line North 0° 13' East 12. 8 feet to the Northwest corner of the Johnson parcel; thence with the North line of the Johnson parcel North 89 °47' East 131. 1 feet to the point of beginning. PARCEL 2: DESCRIPTION OF A PARCEL OF LAND IN LOT 3, SECTION 1, T26S, R21 E, SLM, GRAND COUNTY, UTAH: Beginning at a rebar with plastic cap which bears South 911.1 feet and West 1064.3 feet from the North4 corner of Section 1, T26S, R21 E, SLM, and proceeding thence North 89 °47' East 203. 6 feet to a cedar post, thence South 0°08' West 300.0 feet to a cedar post; thence South 0°03' East 117.3 feet to a 3/8" spike; thence North 89 °43' West 86. 7 feet to a 318" spike; thence North 0°47' West 167.0 feet to a 3/8" spike; thence South 88 °47' West 118.0 feet to a 518" rebar with plastic cap; thence North 0°51' East 261. 7 feet to the point of beginning. TITLE EXCEPTIONS Schedule BII Exceptions, Anderson -Oliver Title Insurance Agency, Inc. File No. 11586 Dated August 16, 2018 @ 8:00 A.M. 10. Rights to ditches and reservoirs and the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as provided by law as set forth in the patent from the United States of America dated March 17, 1887 and recorded October 24, 1887 and february 2, 1888 in Book A at page 394 in Emery County, Utah, and recorded June 29, 1916, in Book 3-C at page 118, in Grand, County, Utah. * Not platted. 11. Pipeline Easement for the purpose of a sewer line granted by Virginia Johnson, to Moab City, a Muncipal corporation, as Grantee and recorded March 4, 1952 as Entry No. 209422 in Book 6-D at page 530. * Easement shown within WalNut Lane. 12. Pipeline Easement Granted by Johnnie Johnson and Virginia Johnson, as Grantor to Moab City, a muncipal corporation, as Grantee and recorded April 18, 1963 as Entry No. 300781 in Book 115 at page 423. *Easement shown within Walnut Lane. 13. Easement from Virginia Rhae Johnson Clark, as Grantor to Charles W. and Lucy A. Nelson, Trustees of the Nelson Family Trust, as grantee and recorded December 31, 1992 as Entry No. 427515 in Book 447 at Page 529. * The easement is platted as 11 ft. wide to the fence and row of trees. NARRATIVE The Basis of Bearing for this survey is N 89°53'22" E between the Northwest corner and the North Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian. The survey was done in State Plane Utah Central coordinates. NAD83 (US Survey Feet) the Bearings are of record for the parcel. The purpose of this survey is to provide the location of pertinent existing improvements and the location of the boundary on the ground. Surveyed with Utah State Plane NAD83 Utah Central Coordinate System. (US survey feet) The locations of underground utilities as shown hereon are based on above -ground structures. Locations of underground utilities/structures may vary from locations shown hereon. Additional buried utilities/structures may be encountered. No excavations were made during the progress of this survey to locate buried utilities/structures. Before excavations are begun, please contact Blue Stakes and appropriate agencies. 30 Power Pole Power Pole w/Light Light Pole Guy Wire Electric Manhole Telephone Manhole Telephone Pedestal Electric Meter Cable Box Property Corner F Flag Pole Well Head O Satellite Dish i41� &‘. Tower Water Valve Fire Hydrant Water Meter Found Property Corner Handicap Parking O Storm Inlet (Square) @ Storm Inlet (Round) ® Catch Basin G Sanitary Clean Out 10-1 Gas Valve © Gas Manhole 8 Gas Meter ® Water Manhole Qs Sanitary Sewer Manhole 0 Storm Drain Manhole X X — GAS — SD — S — OHP W GAS — SD — S — OHP — Fence Line Edge Of Asphalt Gas Line Storm Drain Line Sanitary Sewer Line Water Line Overhead Power Line Section Corner Monument 1" (INCH) = 30' (FEET) LOCATED IN THE NE QUARTER OF SECTION 1 TOWNSHIP 26 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN ALTA/NSPS SURVEY 193 Walnut Lane Moab, Utah City of Moab RED DESE Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 160-18 Date Sheet 1 9/7/18 OF 1 Walnut Lane Rezone City Staff is requesting a rezone at 250 & 280 W Walnut Lane from a spot zone of R-2 and R-4 to a continuous R-4 Alzon Eiv di Y oogle Earth 'A rk-er Legend 19 C-1 / C-2 C C-3 / C-4 / County � FC-1 C., Feature 1 O 1-1 / MHIRV--1 O NULL / R-2 / R-3 [, R-4 O RA 1 Moab City Council Agenda Item Meeting Date: January 14, 2019 Title: CONSIDERATION OF POSSIBLE APPROVAL OF ORDINANCE #2020-02 APPROVING A ZONING MAP AMENDMENT FOR PROPERTIES OWNED BY COMMUNITY REBUILDS AT 140 SOUTH 200 EAST MOAB, UTAH, FROM R-3 MULTI-HOUSEHOLD RESIDENTIAL ZONE TO C-2 COMMERCIAL RESIDENTIAL ZONE; AND AT 150 SOUTH 200 EAST MOAB, UTAH, FROM C-2 COMMERCIAL RESIDENTIAL ZONE TO R-3 MULTI-HOUSEHOLD RESIDENTIAL ZONE; AND AMENDING THE CITY OF MOAB OFFICIAL ZONING MAP Date Submitted: November 12, 2019 Staff Presenter: Cory P. Shurtleff, Assistant Planner Applicant: Rikki Epperson, Community Rebuilds Location: 140 South 200 East, 150 South 200 East, Moab, Utah 84532 Zoning: Property at 140 South 200 East currently zoned R-3 Multi-Household Residential Zone, proposed change to C-2 Commercial Residential Zone. Property at 150 South 200 East currently zoned C-2 Commercial Residential Zone, proposed change to R-3 Multi-Household Residential Zone. Attachment(s): Exhibit A: Draft Ordinance #2020-02 Exhibit B: Application Exhibit C: Applicant Narrative Exhibit D: Draft of Property Plan Exhibit E: Vicinity Map showing surrounding uses and zoning Exhibit F: Parking Survey Options: 1. Approve Moab City Ordinance #2020-02, with or without modifications; or 2. Continue or table action to a later meeting with specific direction to the City Staff and Applicant as to additional information needed to make a decision; or 3. Deny the requested rezone Motion for approval: I move to approve Moab City Ordinance #2020-02 based on the findings required by Moab Municipal Code 17.04.060 Map amendment approval criteria. Background Information: The property located at 140 South 200 East is a street front property with street frontage parking, approximately 0.27 acres. This property is zoned R-3 Multi- household Residential and has been operating as Community Rebuilds housing called “The Ranch”. This property is adjacent to the south and east of the C-2 Commercial Residential Zone. The property located 150 South 200 East is a 0.87 acre flag lot, zoned C-2 Commercial Residential with access between two R-3 zoned properties. This property has been operating as housing and “Office” space for Community Rebuilds. This property is adjacent to the west of the R-3 Multi-household Residential Zone. After preliminary application discussions between Community Rebuilds and Planning Staff, Community Rebuilds submitted the Development Code and Zoning Map Amendment Application on November 12, 2019, for Public Hearing and review by the Planning Commission on December 12, 2019. The Planning Commission forwarded a positive recommendation to the City Council 4-0, with recommendation that City Council allow additional public comment on this item. Zoning Map Change Criteria: Section 17.04.060 of the Moab Municipal Code sets forth criteria to consider with reviewing a Zoning Map Amendment. The criteria are listed below followed by a response or analysis by city staff as follows: 17.04.060 Map amendment and approval criteria. The Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment. A. Was the existing zone for the property adopted in error? Staff Comment: The initial zoning for the property was likely in accordance to adjacent zoning at the time. Because of the changing uses surrounding these properties and the orientation of the existing zones and uses, switching the zones and uses would better serve and facilitate the intention of the zones and uses. B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development trans itions? Staff Comment: With the establishment of neighboring commercial properties and previously existing residential properties, the character of the proposed properties and associated uses would be more compatible with the surrounding uses. Access and impacts would be better mitigated by switching the properties’ zones to align with those adjacent properties and their zoning. C. Is there a need for the proposed zoning within the area or community? Staff Comment: Yes. Housing has been established as a priority for the community and this zone change would allow to better utilize the existing structures to accommodate local housing with an associated commercial use. D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Staff Comment: The proposed zoning classifications for residential and commercial use are compatible with the surrounding uses. E. Will benefits be derived by the community or area by granting the proposed zoning? Staff Comment: Granting the proposed zoning change would benefit the local community directly by supplying housing and associated business opportunity to those involved in the Community Rebuilds program and its patrons. The proposed zoning would also indirectly benefit the community through the business associated to the property, as Community Rebuilds generates affordable housing in the local community. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Staff Comment: Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification. G. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? Staff Comment: The application conforms with the provisions of the Moab General Plan, and the Land Use Code. Comparison of Uses: The following table shows the permitted uses in the R-3 and C-2 zones. Permitted Uses in the R-3 Zone Permitted Uses in the C-2 Zone ADUs Art and crafts shops Agriculture Assembly of appliances from previously prepared parts Daycare Carpentry Shops Foster care homes Convenience establishments that are less than three thousand square feet Group homes Day Care Home occupations Eating Establishments Multi-household dwellings Established Overnight Accommodations One-household dwellings and accessory uses Electrical Appliance Shops Places of worship Engraving and printing establishments Planned unit developments Funeral Establishments Public facilities Greenhouse and nurseries Public libraries Group Homes Public parks and public recreation buildings Gymnasiums Schools Home Occupations Two-household dwellings and accessory uses Hospitals Multi-Household Dwellings One-household dwellings and accessory uses Outfitters and guide services and facilities Parking lots (commercial) Place of Worship Professional Offices Public Buildings Public Parks Retail establishments that are three thousand square feet or less Schools Secondhand Stores Service Establishments Two-household dwellings and accessory uses Veterinary clinic with indoor kennel Wholesale establishments that are less than three thousand square feet MOAB CITY ORDINANCE NO. 2020-02 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT FOR PROPERTIES OWNED BY COMMUNITY REBUILDS, FROM R-3 MULTI-HOUSEHOLD RESIDENTIAL, TO C-2 COMMERCIAL-RESIDENTIAL ZONING, AND FROM C-2 COMMERCIAL RESIDENTIAL, TO R-3 MULTI-HOUSEHOLD RESIDENTIAL ZONING; AND AMENDING THE CITY OF MOAB OFFICIAL ZONING MAP WHEREAS, Community Rebuilds, (“Owner”), 150 South 200 East, Moab, Utah 84532, submitted an application for an amendment to the Official Zoning Map for the City of Moab, for the properties at 140 South 200 East, AND 150 South 200 East, more particularly described as follows: Parcel: 01-0B08-0008. PROPERTY ADDRESS: S 0200 E: 140 MOAB 84532-0000. ACRES 0.27. PARCEL DESCRIPTION: BEG 131 FT S NE COR LOT 4 BLOCK 8 MOAB TOWNSITE; TH W 115.5 FT; TH S 100 FT; TH E 115.5 FT; TH N 100 FT POB 0.27 AC Parcel: 01-0B08-0003. PROPERTY ADDRESS: S 0200 E: 150 MOAB 84532-0000. ACRES 0.87. PARCEL DESCRIPTION: BEG AT A POINT LOCATED S 231 FT FROM NE COR BLOCK 8; MOAB TOWNSITE; TH W 274 FT; TH S 231 FT; TH E 159 FT; TH N 218 FT; TH E 115 FT; TH N 13 FT TO POINT OF BEG. 0.87 AC WHEREAS, the approximate .27 acre property located at S 0200 E 140 is currently zoned R-3 (Multi- household Residential) and the Applicant has requested a zoning map amendment for C-2 (Commercial Residential); and WHEREAS, the approximate .87 acre property located at S 0200 E 150 is currently zoned C-2 (Commercial Residential) and the Applicant has requested a zoning map amendment for R-3 (Multi- household Residential); and WHEREAS, Applicant is requesting that the zoning of the parcels considered in the application be switched to reflect the desired uses for the property by the property owner; and WHEREAS, the uses of each property, as it currently operates, creates difficulty of operation for each property, and the proposed switch in zoning would more effectively meet the intention of uses in each property; and WHEREAS, Applicant is aware that a site plan may be required for development if the amended zoning is approved; and WHEREAS, Applicant provided the Planning Commission (Commission) with an application and the appropriate documents as required in MMC Section 17.04; and WHEREAS, the Commission reviewed the application in a duly advertised public hearing held on December 12, 2019, to review the allowed uses in the R-3 and the C-2 zoning districts; and WHEREAS, the Commission determined that the amendments to the zoning map is in accordance with the General Plan and development trends of the community to provide a necessary orientation and transition between commercial and residential zoning; and WHEREAS, having evaluated the staff recommendation, statements from the Applicant and the public, the Commission concluded that the proposed change in the zoning for these properties was an acceptable amendment to the Official Zoning Map; and WHEREAS, the Commission has determined that the review standards in Moab Municipal Code chapter 17.04.060, Map amendment approval criteria, have been met as follows: A. The existing zones will be switched to better facilitate the current/ proposed uses on the property. B. The character of current uses would be better served in amending the zones, thus changing the uses on each lot based on orientation to public access. As well as staying in consistent orientation of neighboring zoning. C. The proposed zoning classifications for residential and commercial use are compatible with the surrounding uses. D. The impacts of the existing uses would be maintained, and any new impacts can be mitigated. E. Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification. F. The surrounding residential uses will be buffered from the subject commercial use by the residential use of the subject property. G. The application conforms to the provisions of the Moab General Plan. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOAB, UTAH, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the proposed amendment, by recommending approval of Ordinance 2020-02, does hereby find, determine, and declare, that the applicable provisions of the Moab Municipal Code and the intent of the Moab General Plan can be met; AND, FURTHERMORE, the City Council approves the application to rezone 140 South 200 East Moab, Utah in the R-3, Multi-household Residential Zone, to C-2, Commercial Residential Zone; AND 150 South 200 East Moab, Utah in the C-2, Commercial Residential Zone, to R-3, Multi-household Residential Zone. ______________________________ ___________________ Emily Niehaus, Mayor Date Attest: _______________________________ Sommar Johnson, City Recorder CITY OF MOAB DEVELOPMENT CODE AMENDMENT APPLICATION 2 PAGES - FORM MUST BE COMPLETED IN INK DATE STAMP TO BE FILLED OUT BY APPLICANT PROJECT NAME (if any): C 001 oinIA✓t i 47 ReIC) uj1 cA Cc1/4-11,1,10uS FOR CITY USE ONLY PROJECT STREET ADDRESS d Li r U 5 ^� 6 G A 5t so) E OR ACCESS STREET: 1 FOR CITY USE ONLY AP,PLICATIOY NUMBER: 11 —03 Z BATE RECEIVED: i APPLICATION FEE: TEXT AMENDMENT-S350.00 ZONE CHANGE— SMALL RES DENTIAL (<1!2 ACR '-S350.00 ' LARGE RESIDENTIAL AND CONLMER - 500.00 • T TREASURER'S RECEIPT NUMBER: to � I—) .A 11 applications are subject to review Gy city staff for completeness. Staff will note the applicant of deficiencies or completeness within fifteen dabs. A pre -application conference with oty planning staff is encouraged prior to application submittal. I. APPLICANT Name: Community Rebuilds Mailing Address: i 0 S zoo e //\ ofh T yt 1,. Phone 4:476-2Lo- 6=01- Fax#: E-mail ,jher 61 �v.���.�„�y� `tA,0y, II. TYPE OF APPLICATION ❑ Text Amendment Q Zone Change M. SUMMARY DESCRIPTION OF AMENDMENT (Do not refer to attachments) Cin a3 6� (� � (� fI l 1-0 S "NO C v:M n- 3 —u t tA,,4, C - Z 7.<3 i4 , J �, aCTeS es, C- -3.0t1 DEPARTMENT OF PLANNLN'G AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB. UTAH • 84532 Phone: (435) 259-5 i 29 • Far: (435) 259-C35 • E-mail: info@moabcity.org Website: www.moabcity.ors CITY OF MOAB DEVELOPMENT CODE AMENDMENT APPLICATION 2 PAGES - FOR\I MUST BE COMPLETED IN INK "ZONE CHANGE APPLICANTS ONLY" AFFIRMATION OF SUFFICIENT INTEREST This is to certify that I am making an application to the Cite for the described action and that I ant responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. The documents and information I have submitted are true and correct to the best of my knowledge. I understand that my application is not deemed complete until City Staff has reviewed the application and has notified me that it has been deemed complete. I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue a zone_ change. i Signature of Applicant: Date 11-12-19 Namc of Applicant (please print) Rikki Epperson - Community Rebuilds Mailing Address 150 S 200 E Moab, UT 84532 TEXT AMENDMENT SUBMITTAL REQUIREMENTS: Please provide the following information (attach additional sheets if necessary). 1. Narrative describing the project and its relationship to and compliance with the elements; goals and policies of the Moab General Plan — please include the following details: Statc the Land Development Code Section to be amended. Explain the justification for the proposed amendment. Provide evidence of consistency- and implementation of the proposed amendment with the Comprehensive Plan. Are there similarities of the proposed use with other uses in the zone? Should this be considered as a conditional use or a use -by -right? Wiry? How does this amendment comply, with the Land Use Code and the character and objectives of the affected zoning district? Proposed new language with existing words to be deleted lined through, and words to be added underlined 2. Statement from the County Treasurer showing payment in full of all real property taxes due on the parcel. 3. Applicable Fees Attachments: I. Standard Application Fonn. 2. Copy. of the proposed text change. 3. Copy of the proposed ordinance in strike -through and underline Coml. 4. Attach as many additional pages as needed. DEPARTMENT OF PLA,NNLNG AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • Mov3, UTAH • 84532 Phone: (435) 259-5129 • Fa..x: (435) 2594135 • E-mail: info`t©moabcity.org Website: mww.moabcity.ore 1. Narrative describing the project and its relationship to and compliance with the elements, goals, and policies of the Moab General Plan. When the current Community Rebuilds (CR) campus was established, CR replaced overnight rentals and a second home with workspace and housing for our organization and housing VISTA's and other community interns, many of whom do not receive pay for their service. This change helped reinforce the long-term residential character of our neighborhood. CR is proposing a change in the zoning of the campus properties in order to provide more opportunities for affordable housing and workspace for our program. These changes will further reinforce the neighborhood's residential character and advance several components of the City of Moab General Plan. Changing 140 S to C-2 Commercial -Residential zoning will allow us to build an ADA accessible office along the public street. The current CR workspace is located down a flag lot on the neighboring property. We receive a wide variety of visitors, from potential homeowners to USDA representatives, who have occasionally knocked on other doors down the street in search of our workspace. 140 S is currently bordered by C-2 zoned parcels (Cali Cochitta and Wabi Sabi Thrift Store). The proposed zone change would consolidate the C-2 zone along 200 E. We will also add a deed restriction prohibiting future overnight accommodation development on this parcel. We intend to preserve all of the dwellings on our properties as affordable housing in perpetuity. The 140 S zone change to C-2 supports Goal 7: Commercial within Element 3: Land Use and Growth in the City of Moab General Plan by promoting appropriate commercial developments while maintaining quality of life for residents. We will transform the existing blank, unlandscaped parking lot into a beautiful landscape surrounding the new office. This change will improve the walk down 200 E and improve the transition between commercial and residential areas in our neighborhood. Changing 150 S to R-3 Residential zoning will maintain this more secluded flag lot as a residential area. This parcel currently contains a bunkhouse for CR volunteer interns and the current office will be converted into additional affordable housing for AmeriCorps VISTA's and other interns who serve the Moab community. The 150 S zone change to R-3 supports Goal 2: Affordable Housing within Element 4: Housing in the City of Moab General Plan by improving the ability of all Moab residents to access to affordable, quality housing. Cali-Cochitta B&B driveway to current office and bunkhouse 200 E Wabi Sabi Thrift Store The Ranch (previously the Rancho Fandango nightly rentals) shed shed New Community Rebuilds Headquarters 116"=1' Building Setbacks Street Landscape Setback Neighboring Zones Landscape Setback Front Property Line (others follow fencelines) 100 E100 E300 E100 S 200 E200 S200 S 100 S 200 E300 E100 S 300 E200 S 300 E200 E100 S CR_office_aerial_02 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus September 9, 2019 0 0.03 0.060.01 mi 0 0.04 0.090.02 km 1:2,257 C-2 C-2 C-2C-2 C-2 R-3 R-3 R-3 R-3 C-1 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3R-3R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3R-3R-3 C-3 C-3 C-3 C-3 C-3 C-3 C-3C-3C-3C-3 C-3 111-11,1 Moab City Council Agenda Item Meeting Date: January 14, 2020 Title: Resolution No. 03-2020 Regarding Compensation for Utility and Construction Easements for the North Sewer Trunk Line Disposition: Discussion and possible action Staff Presenter: Chuck Williams, City Engineer Attachment(s): - Attachment 1: Resolution No. 03-2020 - Attachment 2: North Sewer Trunk Line Easements and Agreements Recommended Motion: “I move to approve Resolution No. 03-2020 regarding Compensation for Utility Easements for the North Sewer Trunk Line in the amount of $6,000.00 to the Nature Conservancy and future sewer connection fees to four other undeveloped properties granting utility easements.” Background/Summary: The North Sewer Trunk Line required easements, and various property owners had different conditions for granting of those easements across their properties. Four of the owners accepted waiver of future sewer connection fees as compensation. Currently, a six inch line within the City has a value of $844.00 per connection. Based upon that value, the sum of fees waived is $3,376.00. If the City were to have purchased easements based on appraised value, it’s estimated the easements would have been worth $75,000.00. The Nature Conservancy, however, will not be developing and so requested compensation of fair market value. That value was determined to be $6,000.00. City staff believes that the compensation as outlined above is reasonable and prudent, and recommends council approval. 1 CITY OF MOAB RESOLUTION NO. 03-2020 A RESOLUTION APPROVING COMPENSATION FOR UTILITY AND CONSTRUCTION EASEMENTS FOR THE NORTH SEWER TRUNK LINE The following findings describe the reasons for this resolution and explain its purpose. a. The City desired to extend gravity sewer main access to the northern extents of the City. b. Doing so required crossing several low-lying areas of properties along the west side of the North US-191 corridor. c. Compensation was negotiated and agreed upon with owners of said properties. Now therefore, the City of Moab resolves as follows: 1. Direction to Staff. Staff is directed to waive future sewer connection fees for parcels 01-126-0010, 01-126-0009, 01-126-0008, 01-126-0006; and pay the Nature Conservancy compensation in the amount of $6,000.00. 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 14th day of January, 2020. By:__________________________ _________________ Emily S. Niehaus, Mayor Date Attest: By:___________________________ ________________ Sommar Johnson, Recorder Date When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 535217 Bk 886 Pg 644 - 1-4 Date: 15-AUG-2019 4:56:02PM Fee: NoneFiled By: GKW JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: CITY OF MOAB UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Moab RV Resort, LLC, a Utah limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent easement in the NW 1/4 of the NE 1/4 of Section 35, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on an existing utility easement, said point being South 42°17'41" East 1081.86 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running with said easement thence North 42°08' East 20.0 feet; Thence South 47°54'00" East 30.32 feet to a point on Grantors' boundary; thence with said boundary South 26.96 feet; thence North 47°54'00" West 48.40 feet to the point of beginning, having an area of 787 sq. ft., 0.02 acres. (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constructing maintaining, enlarging, and repairing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub- surface appurtenances as may be deemed necessary for the intended use. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. Grantor shall not construct any buildings, structures, or other permanent improvements within the Easement Area, and any such improvements or encroachments may be subject to removal without compensation. 4. Restoration. Upon completion of any repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. 1 5. Abandonment. This Agreement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Agreement. 6. Warranty of Title and Authority. Grantor warrants that it has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Binding in Perpetuity. This Agreement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 8. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 9. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 10. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 11. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Moab RV Resort, LLC Attn: City Manager Attn: Doug Sorensen 217 East Center St. 1261 N HWY 191 Moab, UT 84532 Portal RV Resort Moab, UT 84532 This Agreement is binding and effective as of the date(s) of execution by the parties, below. Ent 535217 Bk 0886 Pg 0645 Portal RV/City of Moab Utility Easement Signature Page, Contd. Grantor: Moab RV Resort, LLC By: Doug Sorensen, Manager STATE OF UTAH ) ss. COUNTY OF GRAND The foregoing Agreement was acknowledged and executed before me by Moab RV Resort, LLC, acting by and through Doug Sorensen, Manager, this \-3 day of 201 o Witness my hand and official seal. My commission expires: 1 ..,�t MELISSA WIGGINS '4 � °- Notary Public - State of Utah i 1. Comm. No. 690496 1 ;�, ��•' .�14.• My Commission Expires on Aug 30, 2020 1 Grantee: By: Emily Niehaus, Mayor of the City of Moab Attest: \ `kokiti(lHf/e, ayr'�„n..�r►A. •• e,. . Notary Public, Ski Address: -1j1)0 -End of Document- 3 of Utah _ ABM. (I) tRon Date Ent 535217 Bk 0886 Pg 0646 Ni CORNER, SECTION 35, LEGEND T25S, R21 E, SLB&M (FOUND REBAR) PILLES 02-135-0057 HOUSE LOT 1 PORTAL RV RESORT PHASE II SORENSE F +�S• \• e I s+) •• p. Property Corner F• PROPOSED SEWER LINE • \• %,Q� • A0tiTSS \ ti 41&� q 17370, ,,-re/j, • u' ��` /' `85r• '� i i • • • .\ 20' SEWER LINE MOAB RV \`\ EASEMENT `, RESORT LLC �N42°08' E � 20.0' FLEISCHMAN J. ��,<� 01-135-0002 ^`1L' rod O o �P` O �4 3� 5,s to. RcP , 5A'• -- �(P 14- `� v (lid \\ / '0\3-035-0143 POB ' N 42°08' E `. 30.0' .v BUILDING S 510 NA Q 9 ••..... NO.7540504 LUCAS BLAKE 8/27/18 • GRAPHIC SCALE 50 0 25 50 .., 100 30' TEMPORARY CONSTRUCTION EASEMENT .� / • ,CtO°7/ orb �C5,tb �`oV Q o. y/ ,t/PQ:P4 � Q2•.\_‘ rWAN G ORGANIZATION 01-035-0030 S 47°54' E 30.32' South 20.96' EXISTING SEWER j LINE S utfn 40,43' I RED DESE EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-18 Date 8/27/18 J Sheet 1 of 1 l' 1" (INCH) = 50' (FEET) Ent 535217 Bk 0886 Pg 0647 When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 535218 Bk 886 Pyy 648" 65 i Date: 15-AUG-2019 4:56:44PM Fee: NoneFiled By: GKW JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: CITY OF MOAB TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Moab RV Resort, LLC, a Utah limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a temporary construction easement in the NW 1/4 of the NE 1/4 of Section 35, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on an existing utility easement, said point being South 42° 17'41" East 1081.86 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 47°54'00" East 48.40 feet to a point on Grantors' boundary; thence with said Grantors' boundary South 40.43 feet; thence North 47°54'00" West 75.53 feet to a point on said utility easement; thence with said easement North 42°08'00" East 30.00 feet to the point of beginning, having an area of 1859 sq. ft., 0.04 acres (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constructing, repairing, replacing, and/or enlarging sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub- surface appurtenances as may be deemed necessary for the intended use. This includes but is not limited to, the transport and storage of construction material, soil, equipment, and vehicles. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Temporary Easement. This Agreement shall be temporary in duration, commencing upon the date of execution of this Agreement and continuing for the duration of the construction project, but not to exceed January 1, 2020. After construction and restoration is complete, Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising the same. 1 4. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. 5. Restoration. Upon completion of any repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, the Grantee shall remove all equipment and materials from the Easement Area. 6. Warranty of Title and Authority. Grantor warrants that he has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 8. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 9. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 10. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Moab RV Resort, LLC Attn: City Manager Attn: Doug Sorensen 217 East Center St. 1261 N HWY 191 Moab, UT 84532 Portal RV Resort Moab, UT 84532 This Agreement is binding and effective as of the date(s) of execution by the parties, below. 2 Ent 535218 Bk 0886 Pg 0649 - —4 Portal RV/City of Moab Temporary Utility Easement Signature Page, Contd. Grantor: Moab RV Resort, LLC By: Doug Sorensen, Manager STATE OF UTAH COUNTY OF GRAND ) ss. The foregoing Agreement was acknowledged and executed before me by Moab RV Resort, LLC, acting by and through Doug Sorensen, Manager, this ,-5 day of N o( 24.01 L Witness my hand and official seal. My commission expires: MELISSA WIGGINS Notary Public - State of Utah 1�rr Comm. No. 690496 Notary EPublic, Stk of Utah � �``l���°� My Commission Expires on � y Aug 3 Ex ► Address: 13 S _ )1/4.,).y\ S� \\\J\k 0\9. .,TN C3 -1 S=J Z-- Grantee: By: Emily Niehaus, Mayor of the City of Moab Attest: Rmorder Date cr;; 1'14;F 144 C 1 '� \\\‘ `hlH,�l,�!111�1\ -End of Document- 3 S,(7)01.1 Ent 535218 Hk 0886 Pg 0650 " " " " " Ni CORNER, SECTION 35, T25S, R21 E, SLB&M (FOUND REBAR) PILLES 02-135-0057 <<F \J PROPOSED SEWER LINE " F figs" \" " \ '19-71 7A/1/7.S6%" .\ ti0C7 G1/2)7( HOUSE LOT 1 PORTAL RV RESORT PHASE II SORENSE / i GRAPHIC SCALE 50 0 25 50 F 57i \ sr , "Cry . ��'8 7Q " FLEISCHMAN 01-135-0002 LEGEND Q" Property Corner 1,, ��.' 0" 00O��C. C9 ^ ��ti <0`A 43. <4TQ`o A A" " 20' SEWER LINE MOAB RV \` EASEMENT �� RESORT LLC N42�08' E '0\3-035-0143 20.0' \ POB N 42�08' E 30.0' .v BUILDING %% 0- SSIONAQ " " ..... NO.7540504 LUCAS BLAKE . 8/27/18 " .......; 1" (INCH) = 50' (FEET) " 30' TEMPORARY CONSTRUCTION EASEMENT / s 47/ AV NC/��S 1 3��`3)c C9' c', Q o. y/ (0Po0),A\ ��/ q;..�� TWANG ORGANIZATION 01-035-0030 S 47�54' E 30.32' South 20.96' EXISTING SEWER j LINE $ UtNI 40 43' I y I RED DESE EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-18 Date 8/27/18 J \sheet 1 of 1 J I Ent 535218 Bit 0886 Pg 0651 When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 533264 Bk 878 P 692 l9 ci 4, Date: 14-JAN-2019 3:59:00PM Fee: NoneFiled By: GKW JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: CITY OF MOAB UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Gardiner Properties Moab, LLC, a Utah limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent easement on that certain real property located in Grand County, State of Utah ("Grantor Property") in the NE 1/4 of the NW 1/4 of Section 35 and the SE 1/4 of the SW 1/4 of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: A 20 foot wide Sewer Easement, 10 feet on either side of the following described center line located in the Southeast Quarter of the Southwest Quarter of Section 26 and the Northeast Quarter of the Northwest Quarter of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, Moab City, Grand County, Utah; more particularly described as follows: BEGINNING at a point on the Southerly line of the Grantor's property, said point being 86.98 feet South 89°55'28" West along the South line of said Section 26 and 50.14 feet South 00°04'32" East from the South Quarter corner of said Section 26; and running thence North 51 ° 16'58" West 224.57 feet; thence North 16°04'26" West 181.53 feet and thence North 45°02'41 " West 304.45 feet to a point on the Northerly line of the Grantor's property and the termination of this easement center line. Note: The sidelines of this easement should be extended to or terminated at said property lines. Contains 14,211 sq. ft. or 0.32 acres, more or less (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constructing maintaining, enlarging, and repairing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub- surface appurtenances as may be deemed necessary for the intended use. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 4825-3411-1874.v1 3. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. Grantor shall not construct any buildings, structures, or other permanent improvements within the Easement Area, and any such improvements or encroachments may be subject to removal without compensation. 4. Restoration. Upon completion of any repair and maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, the Grantee shall remove all equipment and materials from the Easement Area. 5. Abandonment. This Agreement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Agreement. 6. Condition of the Easement Area. Grantee accepts the Easement Area and all aspects thereof in "AS IS", "WHERE IS" condition, without warranties, either express or implied, "with all faults", including but not limited to both latent and patent defects, and the existence of hazardous materials, if any. Grantee hereby waives all warranties, express or implied, regarding the condition and use of the Easement Area, including, but not limited to any warranty of merchantability or fitness for a particular purpose. Subject to matters of record or reasonably discoverable by an inspection of the Easement Area, Grantor warrants that it has merchantable title to the Easement Area and will defend same against claims from all persons claiming by or through the Grantor. 7. Binding in Perpetuity. This Agreement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 8. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 9. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 10. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 11. Liens. Grantee shall keep the Grantor Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by, through, for or under Grantee, and shall indemnify, hold harmless and agree to defend Grantor from any liens that may be placed on the Grantor Property pertaining to any work performed, materials furnished or obligations incurred Ent 533264 Fk 0878 Pg 0693 4825-3411-1874.v1 by, through, for, or under Grantee and its agents, servants, employees, consultants, contractors and subcontractors (collectively, "Grantee's Agents"). 12. Compliance with Laws. Grantee will comply with all present or future laws, statutes, codes, acts, ordinances, rules, regulations, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of and agreements with all governments, departments, commissions, boards, courts, authorities, agencies, officials and officers, foreseen or unforeseen, ordinary or extraordinary, including, without limitation, any building, zoning, land use, and hazardous waste laws. 13. Release. Grantee, as a material part of the consideration of this Agreement, waives all claims or demands against Grantor and its employees, officers, members and affiliated entities and its and their employees, officers, members, agents, and professional consultants and its and their respective successors and assigns for any such loss, damage or injury of Grantee or Grantee's property. The terms and conditions of this provision shall remain effective, notwithstanding the expiration or termination of this Agreement. 14. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Gardiner Properties Moab, LLC Attn: City Manager Attn: John Gardiner 217 East Center St. 1075 East 2100 South Moab, UT 84532 Salt Lake City, UT 84106 [Signature Page Follows] Ent 533264 Bic 0878 Pg 0694 4825-3411-1874.v1 This Agreement is binding and effective as of the date(s) of execution by the parties, below. GRANTOR: GARDINER PROPERTIES MOAB, LLC a Utah limited liability company hn Gardiner, Pre t ��,,,�� �,e,, Gz-G 1/4-7/,/z444-yii. STATE OF UTAH COUNTY OF 5 a ti } L .. k-t ) )ss. On this ZkKday of De , 2018, before me, G'a s e i ; i\ , a notary public, personally appeared before me, c, 1,„ „� �, a..d ; , s,r , whose identity is personally known to me or personally proven on the basis of satisfactory evidence and who affirmed, to be the Pre_ 5 cl ".-t-- of Gardiner Properties Moab, LLC, whose name is subscribed to this instrument, and acknowledged and executed the same. Witness my hand and official seal. GRANTEE: NOTARY PUBUC CASEY JAMES HILL 697066 COMMISSION EXPIRES SEPTEMBER 25, 2021 STATE OF UTAH [Signature Page Continued Next Page] Ent 53326,4 Bk 0878 Pg 06,95 4825-3411-1874.v1 CITY OF MOAB, a municipal corporation �- By: Emily Niehaus, Mayor ,ate _ 6 = V lart/11—CC � E ��afi'lJ AA ' achel Stenta, Recorder STATE OF UTAH )ss. COUNTY OF GRAND 19 On this 8ti'k day of `Say1,1.lcwi.� , 20g, before me, (.14.d 9641'4. , a notary public, personally appeared before nie, 'FM l I /v i Q (� �, , whose identity is personally known to me or personally proven on the Wasis of satisfactory evidence and who affirmed, to be the Aj ur of City of Moab, whose name is subscribed to this instrument, and acknowletged and executed the same. Witness my hand and official seal. Iltailaralsgabmasmakalikailwahmaboilimilbdabar co—RACHEL E. STENTA Notary Public - State of Utah I Comm. No. 703637 1 My Commission Expires on I I Dec 15, 2022 Nlitary Public Ent 533264 Bk 0878 Pg 0696 4825-3411-1874.v1 When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 533263 Bk 878 P 687 "" �Ql Date: 14-J N-2019 39:57:09P'M Fee: NoneFiled By: GKW JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: CITY OF MOAB TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT (the "Agree- ment") is made and entered into as of the date(s) set forth below by and between Gardiner Properties Moab, LLC, a Utah limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. A 30 foot wide Easement, 15 feet on either side of the following de- scribed center line located in the Southeast Quarter of the Southwest Quarter of Section 26 and the Northeast Quarter of the Northwest Quarter of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, Moab City, Grand County, Utah; and running adjacent to a perpetual sewer easement; more particularly described as follows: BEGINNING at a point on the Southerly line of the Grantor's property, said point being 118.68 feet South 89°55'28" West along the South line of said Section 26 and 56.73 feet South 00°04'32" East from the South Quarter corner of said Section 26; and running thence North 51°16'28" West 211.91 feet; thence North 16°04'26" West 183.00 feet and thence North 45°02'41" West 312.83 feet to a point on the Northerly line of the Grantor's property and the termination of this easement center line. Note: The sidelines of this ease- ment should be extended to or terminated at said property lines. Contains 21,233 sq. ft. or 0.48 acres, more or less 2. Purpose. This Agreement is granted for the purpose of establishing, installing, construct- ing, repairing, replacing, and/or enlarging sanitary sewer lines, along with associated surface struc- tures including manholes, control boxes, cables, and such other surface and subsurface appurte- nances as may be deemed necessary for the intended use. This includes but is not limited to, the transport and storage of construction material, soil, equipment, and vehicles. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equip- ment it constructs within the Easement Area. 3. Temporary Easement. This Agreement shall be temporary in duration, commencing upon the date of execution of this Agreement and continuing for the duration of the construction project, but not to exceed January 1, 2020, at which time the easement granted herein shall automatically 4821-9850-2018.v1 terminate without the recording of any notice of such termination. After construction and restora- tion is complete, Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising thesame. 4. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. 5. Restoration. Upon completion of any construction work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, the Grantee shall remove all equip- ment and materials from the Easement Area. 6. Condition of the Easement Area. Grantee accepts the Easement Area and all aspects thereof in "AS IS", "WHERE IS" condition, without warranties, either express or implied, "with all faults", including but not limited to both latent and patent defects, and the existence of hazardous materials, if any. Grantee hereby waives all warranties, express or implied, regarding the condition and use of the Easement Area, including, but not limited to any warranty of merchantability or fitness for a particular purpose. Subject to matters of record or reasonably discoverable by an inspection of the Easement Area, Grantor warrants that it has merchantable title to the Easement Area and that it will defend same against claims from persons claiming by or through Grantor. 7. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agree- ment between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 8. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 9. Remedies. In the event of any breach of the provisions of this Agreement, the non- breach- ing party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reason- able attorney fees and court costs, in addition to any other remedies or relief. 10. Liens. Grantee shall keep the Grantor real property located in Grand County, Utah ("Gran- tor Property") free from any liens arising out of any work performed, materials furnished, or obli- gations incurred by, through, for or under Grantee, and shall indemnify, hold harmless and agree to defend Grantor from any liens that may be placed on the Grantor Property pertaining to any work performed, materials furnished or obligations incurred by, through, for, or under Grantee and its agents, servants, employees, consultants, contractors and subcontractors (collectively, "Grantee's Agents"). 11. Compliance with Laws. Grantee will comply with all present or future laws, statutes, codes, acts, ordinances, rules, regulations, orders, judgments, decrees, injunctions, rules, regulations, per- mits, licenses, authorizations, directions and requirements of and agreements with all governments, 9990 6d 91_90 la £9U££S lu3 4821-9850-2018. v 1 departments, commissions, boards, courts, authorities, agencies, officials and officers, foreseen or unforeseen, ordinary or extraordinary, including, without limitation, any building, zoning, land use, and hazardous waste laws. 12. Release. Grantee, as a material part of the consideration of this Agreement, waives all claims or demands against Grantor and its employees, officers, members and affiliated entities and its and their employees, officers, members, agents, and professional consultants and its and their respective successors and assigns (collectively, the "Releasees") for any such loss, damage or in- jury of Grantee or Grantee's property. The terms and conditions of this provision shall remain effective, notwithstanding the expiration or termination of this Agreement. 13. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by cou- rier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Gardiner Properties Moab, LLC Attn: City Manager Attn: John Gardiner 217 East Center St. 1075 East 1200 South Moab, UT 84532 Salt Lake City, UT 84106 [Signatures Page Follows] Ent 533263 Bk 0878 Pg 0689 4821-9850-2018.v1 This Agreement is binding and effective as of the date(s) of execution by the parties, below. GRANTOR: Gardiner Properties Moab, LLC, a Utah limited liability company arim%i.ri hn Gardiner, • t L ( ' l wy>�� 6'•?, / iGG>: STATE OF UTAH COUNTY OF Sat A- L.•.k� ) )ss. ) GK— On this 1441ay of De: « b r— , 2018, before me, C. 4 s cai iAt. k� a notary public, personally appeared before me, i Q kIN C-T 4, r-a ; n4 r— , whose identity is personally known to me or personally proven on the basis of satisfactory evidence and who affirmed, to be the re- e 5 ; cl e. n÷ of Gardiner Properties Moab, LLC, whose name is subscribed to this instrument, and acknowledged and executed the same. Witness my hand and official seal. NOTARY PUBLIC CASEY JAMES HILL 697066 COMMISSION EXPIRES SEPTEMBER 25, 2021 STATE OF UTAH [Signature Page Continued Next Page] Ent 533263 Bk 0878 Pg 0690 4821-9850-2018.v1 GRANTEE: CITY OF MOAB, a municipal corporation By: Emily Niehaus, Mayor 1 Stenta, Recorder STATE OF UTAH )ss. COUNTY OF GRAND On this S— day of-avud,a,v , 20a, before me, , a notary public, personally appeared before rrie, Fly, i 1y /Ui�� .s , whose identity is personally known to me or personally proven on the basis of satisfactory evidence and who affirmed, to be the Cu4oy of City of Moab, whose name is subscribed to this instrument, and acknow1Mged and executed the same. Witness my hand and official seal. RACHEL E. STENTA Notary Public - State of Utah Comm. No. 703637 My Commission Expires on Dec 15, 2022 Notary Public Ent 533263 Bk 0878 Pg 0691 4821-9850-2018.v1 When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 s Ent 535720 Bk 888 Pi 814 Date: 25-SEP-2019 1F:25:28PM Fee: NoneFiled By: GKW JOHN ALAN CORTES1 Recorder GRAND COUNTY CORPORATION Foy: CITY OF MOAB UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between The Nature Conservancy, a District of Columbia non-profit corporation, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein and Six Thousand Dollars ($6,000.00) which is consideration for this Agreement and the Temporary Construction Easement and Agreement signed concurrently with this Agreement, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent easement in the SE '/a of the SW '/a of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on Gardiner Properties Moab LLC north boundary said point being North 48°30'02" West 719.70 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 45°09'44" West 104.48 feet to grantor's north boundary; thence with said boundary North 72°55'00" East 22.45 feet; thence South 45°09'44" East 105.73 feet to Gardiners Properties Moab LLC north boundary; thence with said boundary South 75°39'00" West 23.11 feet to the point of beginning, having an area of 2,082 square feet, 0.05 acres (the `Basement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constructing, maintaining, enlarging, and repairing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub- surface appurtenances as may be deemed necessary for the intended use. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. Grantor shall not construct any buildings, structures, or other permanent improvements within the Easement Area, and any such improvements or encroachments may be subject to removal without compensation. 1 4. Restoration. Upon completion of any repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, Grantee shall remove all restoration equipment and restoration materials from the Easement Area. 5. Abandonment. This Agreement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Agreement. 6. Release. Grantee releases Grantor and all of Grantor's agents, officers, and directors from any and all liabilities, damages, claims, suits, and actions of any kind regarding this Agreement, and Grantor agrees not to make a claim of any kind against or sue or attach the property of such parties for, any damage, injury, illness, or death of persons or damage to or destruction of property or for any other harm arising from Grantee's activities on, presence on, or use of the Easement Area or Grantor's property unless caused by the negligence or willful misconduct of Grantor. 7. Warranty of Easement Area. Grantor makes no express or implied warranty or representation concerning: i) the safety, condition, or suitability of the Easement Area for any purpose or of Grantor's property for any purpose; ii) the accuracy or completeness of any map or survey of the Easement Area or of Grantor's property; or iii) the safety, condition, suitability, or location of any easement, right-of-way, road, facility, building, structure, or improvement on the Easement Area or on Grantor's property. 8. Warranty of Title and Authority. Grantor warrants that it has full right and lawful authority to make the grant contained herein and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 9. Liens or Encumbrances. Grantee will promptly remove from title to Grantor's property any liens or encumbrances that are recorded or issued as a result of Grantee's activities under the Agreement. 10. Binding in Perpetuity. This Agreement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 11. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 12. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 2 Ent 535720 Bk 0888 Pg 0815 13. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 14. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab The Nature Conservancy Attn: City Manager Attn: Land Protection Department 217 East Center St. 559 East South Temple Moab, UT 84532 Salt Lake City, UT 84102 This Agreement is binding and effective as of the date(s) of execution by the parties, below. SIGNATURE PAGE TO FOLLOW 3 Ent 535720 Bk 0888 Pg 0816 The Nature Conservancy/City of Moab Utility Easement Signature Page, Contd. Grantor: The Nature Conservancy, a District of Columbia non-profit corporation he Nature Conservancy By: Dave Livermore, Utah State Director STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) The foregoing Agreement was acknowledged and executed before me by The Nature Conservancy, acting by and through, Dave Livermore, Utah State Director this ! /±1.- day of 54,p , 2019. Witness my hand and official seal. My commission expires: KARA BUTTERFIELD NOTARY PUBLIC • STATE OF UTAH My COMM. Exp.10/03/2021 Commission # 697490 Grantee: By: .,ok EillYIjli)i,iehaus, Mayor of the City of Moab \�\ h j ,• t at-kit*n, Recorder i!llittttt\ \ = `0,3.2aZt Notary Public, State of Utah Address: gg108 flint ai. su , 8 i, p 9 y ' -End of Document- Date Ent 535720 Bk 0888 Pg 0817 S / i MOAB LODGING LLC 01-126-0005 N 72°55'00" E 22.45' NO. 7540504 LUCAS BLAKE . 4/3/19 \ N 72°55'00" E 33.68' LP \ \ \ tS Qso\ • AC\�/QF\ \76 v- \ F 'o,>\ \01\ \0S0 s0 \ \\�R 20' SEWER LINE EASEMENT s GRAPHIC SCALE / POB SEWER EASEMENT S 75°39'00" W 23.11' 0 60 120 1" (INCH) = 60' (FEET) \ NATURE CONSERVANCY 01-126-0004 30' TEMPORARY CONSTRUCTION EASEMENT POB TEMPORARY EASEMENT GARDINER PROPERTIES MOAB LLC 01-126-0020 S 75°39'00" W 34.60' r Ni CORNER, SECTION 35, \ \ T25S, R21 E, SLB&M Ent 53572(f IONIEM*0818 RED DBE EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-18'\ Date 4/3/19 J \Sheet 1 of 1 J When Recorded Mail to: Ent 535721 Bk 888 Pi 819 5?2`3 Date: 25-SEP-2019 12-:27:51PM City of Moab Fee: NoneFiled By: GKW y JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION 217 East Center Street For: CITY OF MOAN Moab, UT 84532 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between The Nature Conservancy, a District of Columbia non-profit corporation, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein and Six Thousand Dollars ($6,000.00) which is consideration for this Agreement and the Utility Easement and Agreement signed concurrently with this Agreement, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a temporary construction easement in the SE 1/4 of the SW 1/4 of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on Gardiner Properties Moab LLC north boundary, said point being North 48°30'02" West 719.70 feet and North 75°39'00" East 23.11 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 45°09'44" West 105.73 feet to grantor's north boundary; thence with said boundary North 72°55'00" East 33.68 feet; thence South 45°09'44" East 107.60 feet to Gardiner Properties Moab LLC north boundary; thence with said boundary South 75°39'00" West 34.60 feet to the point of beginning, having an area of 3,170 square feet, 0.07 acres (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, and constructing sewer sanitary lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub -surface appurtenances as may be deemed necessary for the intended use. This includes but is not limited to, the transport and storage of construction material, soil, equipment, and vehicles. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Temporary Easement. This Agreement shall be temporary in duration, commencing upon the date of execution of this Agreement and continuing for the duration of the construction project, but not to exceed January 1, 2021. After construction and restoration is complete, Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising the same. 1 4. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. 5. Restoration. Upon completion of any repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, the Grantee shall remove all equipment and materials from the Easement Area. 6. Release. Grantee releases Grantor and all of Grantor's agents, officers, and directors from any and all liabilities, damages, claims, suits, and actions of any kind regarding, and Grantor agrees not to make a claim of any kind against or sue or attach the property of such parties for, any damage, injury, illness, or death of persons or damage to or destruction of property or for any other harm arising from Grantee's activities on, presence on, or use of the Easement Area or Grantor's property unless caused by the negligence or willful misconduct of Grantor. 7. Warranty of Easement Area. Grantor makes no express or implied warranty or representation concerning: 1) the safety, condition, or suitability of the Easement Area for any purpose or of Grantor's property for any purpose; ii) the accuracy or completeness of any map or survey of the Easement Area or of Grantor's property; or iii) the safety, condition, suitability, or location of any easement, right-of-way, road, facility, building, structure, or improvement on the Easement Area or on Grantor's property. 8. Warranty of Title and Authority. The Grantor warrants that he has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 9. Liens or Encumbrances. Grantee will promptly remove from title to Grantor's property any liens or encumbrances that are recorded or issued as a result of Grantee's activities under the Agreement. 10. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 11. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 12. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In 2 Ent 535721 Bk 0888 Pg 0820 any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 13. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab The Nature Conservancy Attn: City Manager Attn: Land Protection Agency 217 East Center St. 559 East South Temple Moab, UT 84532 Salt Lake City, UT 84102 This Agreement is binding and effective as of the date(s) of execution by the parties, below. SIGNATURE PAGE TO FOLLOW 3 Ent 535721 Bk 0888 Pg 0821 The Nature Conservancy/City of Moab Temporary Utility Easement Signature Page, Contd. Grantor: The Nature Conservancy, a District of Columbia non-profit corporation The Nature Conservancy By: Dave Livermore, Utah State Director STATE OF UTAH COUNTY OF SALT LAKE ) ss. The foregoing Agreement was acknowledged and executed before me by The Nature Conservancy, acting by and through, Dave Livermore, Utah State Director this 41441 day of 5 , 2019. Witness my hand and official seal. My commission expires: % D • 3 • 2012 KARA BUTTERFIELD NOTARY PUBLIC • STATE Of UTAH My Comm. Exp.10/03/2021 Commission # 697490 Grantee: By: Emily Niehaus, Mayor of the City of Moab \\°t c / /p„ ` • ••• • �i _ C) . 11= y Soinroar Joh;Soigecorder r '` �'H C-4 • 4\\ Notary Pub, ic, State of Utah Address: eiq lag 0,644 sG.rQ , (AT s g05 di -End of Document- 4 °I-11 Date Ent 535721 Bk 0888 Pg 0822 S i i i MOAB LODGING LLC 01-126-0005 N 72°55'00" E 22.45' 20' SEWER LINE EASEMENT 1,5° NA L. •......_ '9 ;- a %% NO. 7540504 LUCAS BLAKE . 4/3/19 ..• ........... GRAPHIC SCALE N 72°55'00" E 33.68' s \ s "s0\\\16. \ \Fsb 0- \ \ F /y, FQ., \ \FV'' F \ \F'' \ F 70,\ \1L \ 706, .00 \ \70y \..> \ \ v \ \ _/ \ POB SEWER EASEMENT S 75°39'00" W 23.11' 0 60 120 1" (INCH) = 60' (FEET) NATURE CONSERVANCY 01-126-0004 \ 30' TEMPORARY CONSTRUCTION EASEMENT POB TEMPORARY EASEMENT GARDINER PROPERTIES MOAB LLC 01-126-0020 S 75°39'00" W 34.60' Ni CORNER, SECTION 35, \ T25S, R21 E, SLB&M (FOUND REBAR) Ent 535721 Bk 0888 Pg 0823 RED DESE EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT J \Sheet 1 0F 1 l/ Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-18-\ Date 4/3/1 9 When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 535878 Bk $B9 Pgg 624 - (G2-7 Date: 15-OCT-2019 3:30:54PM Fee: NoneFiled By: LMC JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: CITY OF MOAB UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Moab Lodging, LLC, a South Dakota limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent easement in the SE ''A of the SW 'A of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on grantor's boundary said point being North 48°04'39" West 824.03 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 44°06'40" West 18.35 feet; thence North 44°06'40" West 161.24 feet to grantor's north boundary; thence with said boundary North 53°35'00" East 20.18 feet; thence South 44°06'40" East 158.54 feet; thence South 44°06'40" East 28.55 feet to grantor's south boundary; thence with said boundary South 72°55'00" West 22.45 feet to the point of beginning, having an area of 3,667 square feet, 0.08 acres (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constructing, maintaining, enlarging, and repairing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub- surface appurtenances as may be deemed necessary for the intended use. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. Grantor shall not construct any buildings, structures, or other permanent improvements within the Easement Area, and any such improvements or encroachments may be subject to removal without compensation. 1 4. Restoration. Upon completion of any repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. 5. Abandonment. This Agreement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Agreement. 6. Warranty of Title and Authority. Grantor warrants that it has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Binding in Perpetuity. This Agreement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors, and assigns of the parties. 8. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 9. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 10. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attomey fees and court costs, in addition to any other remedies or relief. 11. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Moab Lodging, LLC Attn: City Manager Attn: James P. Koehler 217 East Center St. P.O. Box 15 Moab, UT 84532 Aberdeen, SD 57042 This Agreement is binding and effective as of the date(s) of execution by the parties, below. Ent 535878 Bk 0889 Pg 0625 2 Moab Lodging, LLC/City of Moab Utility Easement Signature Page, Contd. Grantor: Moab Lodging, LLC By: Moab ging, LLC By: J es P. Koehler, Manager STATE OF c-,t-At1lCG# COUNTY OF 1.--r4)L,1 ) ss. The foregoing Agreement was acknowledged and executed before me by Moab Lodging, LLC, acting by and through, James P. Koehler, Manager this �7 day of O c-- 2019. Witness my hand and official seal. My commission expires: By: Emily Niehaus, Mayor of the of Moab Attest: LS �! " -•. �o ,`) ')o av 0-4 c,-62.(fi Notary P lic, State of Da (cam Address: 13os s`F ki 64-4 Pf� -End of Document- 3 Sr) s `nor 6G-T. I�,t� Date Ent 535878 Bk 0889 Pg 0626 CASA DE AMIGOS LLC 01-126-0006 N 53°35'00" E 30.27' \ \ \ t.S' \ \ vv. \ \ 06, \ \ tS' \ V \ \Vv. \o� 20' SEWER LINE \tiv \ o \\7 EASEMENT \ 06, \o'' \ Q Cr F `9' \\0,, \\7S \\ O POB O� \�� \�iS� \ 13 TEMPORARY EASEMENT J \ 6, \ \ <a�F \ ' D \ \ / \ S 44°06'40" E <�0,0 \ \� \ 43.85' - G \ \ �`rOo�' \ S 72°55'00" W G�F�s� 200� \ - 33.68' r oN 44°06'40 3s tiA\ 28 4°06'40" E POB 8°°\ S 72°55'00" W SEWER EASEMENT A0,9 \ 22.45' NATURE CONSERVANCY 0, %\ cJ 8,Dv\ \ 01-126-0004 'O.,.\ LEGEND 30' TEMPORARY CONSTRUCTION EASEMENT i N 53°35'00" E 20.18' p Property Corner MOAB LODGING LLC 01-126-0005 510 NA q NO. 7540504 LUCAS BLAKE /16/19 s GRAPHIC SCALE r i i i 0 60 120 1" (INCH) = 60' (FEET) \ >< Ni CORNER, SECTION 35` \ T25S, R21 E, SLB&M (FOUND REBAR) Ent 535978 Bk 0889 Pg 0627 RED DESE EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-18 Date 2/16/19 � Sheet 1 of 1 J' Ent 535879 Bk 889 Pg 628 -431 Date: 15-OCT-2019 3:31:31PM When Recorded Mail to: Fee: NoneFiled By: LMC JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION City of Moab For: CITY OF MOAB 217 East Center Street Moab, UT 84532 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Moab Lodging, LLC, a South Dakota -limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a temporary construction easement in the SE % of the SW I/4 of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on grantor's boundary said point being North 48°38'11" West 824.03 feet and North 72°55'00" East 22.45 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 44°06'40" West 28.55 feet; thence North 44°06'40" West 158.54 feet to grantor's north boundary; thence with said boundary North 53°35'00" East 30.27 feet; thence South 44°06'40" East 154.49 feet; thence South 44°06'40" East 43.85 feet to grantor's south boundary; thence along said boundary South 72°55'00" West 33.68 feet to the point of beginning, having an area of 5,782 square feet, 0.13 acres (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of installing and constructing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub -surface appurtenances as may be deemed necessary for the intended use. This includes, but is not limited to, the transport and storage of construction materials, soil, equipment, and vehicles. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Temporary Easement. This Agreement shall be temporary in duration, commencing upon the date of execution of this Agreement and continuing for the duration of the construction project, but not to exceed January 1, 2021. After construction and restoration is complete, Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising the same. 1 4. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. 5. Restoration. Upon completion of any construction work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, the Grantee shall remove all equipment and materials from the Easement Area. 6. Warranty of Title and Authority. The Grantor warrants that it has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 8. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 9. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 10. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Moab Lodging, LLC Attn: City Manager Attn: James P. Koehler 217 East Center St. P.O. Box 15 Moab, UT 84532 Aberdeen, SD 57042 This Agreement is binding and effective as of the date(s) of execution by the parties, below. Ent 535879 Bk 0889 Pg 0629 2 Moab Lodging, LLC /City of Moab Temporary Utility Easement Signature Page, Contd. Grantor: Moab Lodging, LLC By: Moab L By: Ja ng, LLC P. Koehler, Manager STATE OF COUNTY OF ry tJ\-- ) ss. The foregoing Agreement was acknowledged and executed before me by Moab Lodging, LLC, acting by and through, James P. Koehler, Manager this 71-1- day of CJ cie 2019. Witness my hand and official seal. My commission expires: Cp _ a 4 - aoa D By: Emily Niehaus, Mayor of the City of Moab Notarulic, State of S0,-(4._ I7q Icy Address: I5os is t eve SC-- Pbe.-ciee,. S s 74c) Attest: 43.11/1f k. OCT. 01 °1 . • �rnar J on, Riosi •er -tv . :+� r j• w' 4N 4 -End of Document- 3 Date Ent 535879 Bk 0889 Pg 0630 " CASA DE AMIGOS LLC 01-126-0006 N 53�35'00" E 30.27' N 53�35'00" E 20.18' 20' SEWER LINE EASEMENT G�� O ClT���� G <0 -7 Go r F4' 02 0<Kt5510.. llq a w Z ui 8t4 TE `.�� NO. 7540504 LUCAS BLAKE /16/19 ........... GRAPHIC SCALE 0 60 120 1" (INCH) = 60' (FEET) LEGEND 30' TEMPORARY CONSTRUCTION EASEMENT \ \ \s \ \ Au� \ \ 06, \ \s \ F \ 4/ \ 0 \F \ ��Vo \6 ") \ 7Sy \ 06, \ \ sr \ v \F��s \ o' \��7 \0\t' \ \ ? \ \ \ Q' \ / \ ��/ N 44�06'40" W 18.35' \ \ POB SEWER EASEMENT Q Property Corner MOAB LODGING LLC 01-126-0005 POB TEMPORARY EASEMENT S 44�06'40" E 43.85' S 72�55'00" W 33.68' S 44�06'40" E '/ \ 28.55' Ae�05, \ S 72�55'00" W ��,9,,\ 22.45' NATURE CONSERVANCY rT��F ,, \ 01-126-0004 " o0,\ N4 CORNER, SECTION 35, T25S, R21 E, SLB&M (FOUND REBAR) Ent 535879 Bk 0889 Pg 0631 RED DESE EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-18�� Date 2/16/19 Sheet 1 of 1 J When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 535627 Bk 888 Pg 322 — 3 IS Date: 11-SEP-2019 4:54:25PM Fee: NoneFiled By: JAC JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: MOAB CITY UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Casa De Amigos LLC, a Utah limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent easement in the SE 1/4 of the SW 1/4 of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at the Southwest corner of Grantor's tracts, said corner being North 49°38'00" West 1011.80 feet from the South 1/4 corner of Section 26, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running along Grantor's tract thence North 31 °20'00" West 15.06 feet; thence North 53°35'00" East 696.26 feet to a point on Grantor's tract; thence with said tract with a curve having a radius of 3889.00 feet, to the left with an arc length of 15.36 feet, (a chord bearing of South 48°50'39" East 15.36 feet); thence with said tract South 53°35'00" West 700.90 feet to the POINT OF BEGINNING. Contains 10,479 square feet or 0.24 acres, more or less (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constricting, maintaining, enlarging, and repairing sanitary sewer lines, along with associated surface structures including lift station, manholes, control boxes, cables, and such other surface and sub -surface appurtenances as may be deemed necessary for the intended use. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, strictures, or equipment it constricts within the Easement Area. 3. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. Grantor shall not construct any buildings, structures, or other permanent improvements within the Easement Area, and any such improvements or encroachments may be subject to removal without compensation. Notwithstanding, Grantor may connect directly to the sewer line within the Easement Area at Grantor's sole cost and expense, but is subject to compliance with Grantee's ordinances and procedures regarding connection to the public sewer lines including, but not limited to, obtaining the applicable permit outlined in Chapter 13 of the City of Moab Municipal Code. Grantee agrees to waive the connection fee required under Chapter 1 13.08. of the City of Moab Municipal Code, but Grantor agrees to pay all applicable impact fees and subsequent service fees required by Grantee. 4. Restoration. Upon completion of any repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. 5. Abandonment. This Agreement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Agreement. 6. Warranty of Title and Authority. Grantor warrants that it has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Binding in Perpetuity. This Agreement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 8. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 9. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 10. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other'remedies or relief. 11. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Casa De Amigos LLC Attn: City Manager Attn: Michael Bynum 217 East Center St. Moab, UT 84532 This Agreement is binding and effective as of the date(s) of execution by the parties, below. 2 Ent 535627 Bk 0888 Pq 0323 Casa De Amigos LLC/City of Moab Utility Easement Signature Page, Contd. Grantor: Casa Deos LLC By: Casa De Amigos LLC By: Michael Bynum, Manager STATE OF UTAH ) ss. COUNTY OF GRAND The foregoing Agreement was acknowledged and executed before me by Casa De Amigos LLC, acting by and through, Michael Bynum, Manager this 23 day ofti 2019. Witness my hand and official seal. My j S. i"f,? VALERIE M GARDNER r-',' • • Notary Public - State of Utah !i Comm. No. 707518 ' I ` • • My Commission Expires on 1 'BO . Aug 1, 2023 � Grantee: commission expires: /Ng KS�, 2 By: Emily Niehaus, Mayor of the City of Moab Agest: taoiunar Yson, Recorder t . - • •.r." . i ` Ns ,1 'i t (rWiAtji4)40 Notary Public, St t4 Address: i✓� pt orb. u4- -End of Document- 43.21.11 Date W/4/14-� of Vtah 0141V (/7 3 Ent 535627 Bk 0888 Pg 0324 f N 31 °20'00" W 15.06' / POB / / / / so, 15' WIDE UTILITY EASEMENT ° A=15.36' R=3889.00' CB=S 48°50'39" E / CL=15.36' / CASA DE AMIGOS LLC / 01-126-0006 / / O� \ SOUTH 1/4 \ CORNER GRAPHIC SCALE 100 0 50 100 SECTION 26, Ni+ T255, R21E, SLB&M 200 i O O / / RED DESE EXHIBIT B 15' UTILITY EASEMENT Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-18.\ Date 4/2/19 1" (INCH) = 100' (FEET) `Sheet 1 OF 1 Ent 535627 Bk 0888 Pg 0325 When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 535629 Elk 888 Pg 330 3) 3 Date: 11—SEP-2019 4:56:05PM Fee: NoneFiled By: JAC JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: MOAB CITY UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Casa De Amigos LLC, a Utah limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent easement in the SE 1/4 & NE 1/4 of the SW'/a of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at the Northwest corner of Grantor's tracts, said corner being North 41 °32'09" West 1793.86 feet from the South 1/4 corner of Section 26, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running along Grantor's tract thence North 53°35'00" East 20.08 feet; thence South 31°20'00" East 702.39 feet; thence South 59°11'54" East 35.99 feet; thence North 37°22'01" East 8.02 feet; thence North 82°14'26" East 30.21 feet; thence North 53°32'37" East 10.74 feet; thence South 36°22'10" East 56.65 feet to the south boundary of Grantor's tracts; thence along said tract South 53°35'00" West 88.00 feet to the Southwest corner of Grantor's tracts; thence along said tracts North 31°20'00" West 804.87 feet to the POINT OF BEGINNING. Contains 20,593 square feet or 0.47 acres, more or less. (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constricting, maintaining, enlarging, and repairing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub- surface appurtenances as may be deemed necessary for the intended use. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. Grantor shall not construct any buildings, structures, or other permanent improvements within the Easement Area, and any such improvements or encroachments may be subject to removal without compensation. Notwithstanding, Grantor may connect directly to the sewer line within the Easement Area at Grantor's sole cost and expense, but is subject to 1 compliance with Grantee's ordinances and procedures regarding connection to the public sewer lines including, but not limited to, obtaining the applicable permit outlined in Chapter 13 of the City of Moab Municipal Code. Grantee agrees to waive the connection fee required under Chapter 13.08 of the City of Moab Municipal Code, but Grantor agrees to pay all applicable impact fees and subsequent service fees required by Grantee. 4. Restoration. Upon completion of any repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. 5. Abandonment. This Agreement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Agreement. 6. Warranty of Title and Authority. Grantor warrants that it has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Binding in Perpetuity. This Agreement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 8. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 9. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 10. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 11. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Casa De Amigos LLC Attn: City Manager Attn: Michael Bynum 217 East Center St. Moab, UT 84532 2 Ent 535629 Ak 0888 Pg 0331 Casa De Amigos LLC/City of Moab Utility Easement Signature Page, Contd. This Agreement is binding and effective as of the date(s) of execution by the parties, below. Grantor: Casa De Amigos LLC Casa De Amigos LLC By: Michael Bynum, Manager STATE OF UTAH ) ss. COUNTY OF GRAND ) The foregoing Agreement was acknowledged and executed before me by Casa De Amigos LLC, acting by and through, Michael Bynum, Manager this �3 day of ATIMS-fr , 2019. Witness my hand and official seal. My commission expires:rug/ifs-4- /, 2_023 . mirabribmourowireggbdgbe I a*� VALERIE M GARDNER I k I Notary Public - State of Utah Comm. No. 707518 My Commission Expires on I Aug 1, 2023 Grantee: By: Emily Niehaus, Mayor of the City of Moab Attest: r3• So�nmar JQhrison, Recorder 3 /reueA-4A,,&-adA/b0,-- Notary Public, State of Utah Address: 4-5-14-- 7f-mirat. bt-f- Sj'- 3 Z (b•21 •I°1 Date Ent 535629 Bk 0888 Pg 0332 SEWER EASEMENT N 53°35'00" E 20.08' N 53°35'00" E 30.12' \ POB TEMPORARY EASEMENT POB \ \ \ \ \ \ \ 20' SEWER LINE EASEMENT '15) S 5:0 Nq L 494/6 `�111 QQ' •• 8/7/19 •• s a : NO. 7540504 •. � w z LUCAS • k.k1 B •KE . / i `•: TgTE0F°.P\. i• GRAPHIC SCALE 100 0 50 100 CASA DE AMIGOS LLC 01-126-0008 30' TEMPORARY CONSTRUCTION EASEMENT 20 G� °stir 1� °�0 co 6 0'17 a GPI Fr.r °2 200 1" (INCH) = 100' (FEET) N 59°11'54" W 35.99' S 37°22'01" W 8.02' S 82°14'26" W 30.21' S 53°35'00" W 88.00' CASA DE AMIGOS LLC 01-126.0007 54.42' S 59°11'54" E N 53°32'37" E \ . 10.74' CASA DE AMIGOS LL 01-126-0006 S 5 °32'37" W 3.47' \ SOUTH 1/4 \ CORNER \ SECTION 26, \ T255 R21E, �SLB&M S 36°22'10" E 56.65' RED DESE EXHIBIT C 20' SEWER EASEMENT 30' TEMPORARY CONSTRUCTION EASEMENT Land Surveying 30 South 100 East Moab, UT84532 435.259.8171 /Project 067-18..\ Date 8/14/19 J `Sheet 1 OF 1 J Ent 535629 Bk 0888 Pg 0333 When Recorded Mail to: Ent 535628 Bk 886 Pg 326 — 3 29 Date: 11-SEP-2019 4:55:24PM City of Moab Fee: NoneFiled By: JAC JOHN ALAN CORTES Recorder 217 East Center Street GRAND COUNTY CORPORATION For: MOAB CITY Moab, UT 84532 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Casa De Amigos LLC, a Utah limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a temporary construction easement in the SE 1/4 & NE 1/ of the SW 1/4 of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on the North boundary of Grantor's tracts, said point being North 41°32'09" West 1793.86 feet and North 53°35'00" East 20.08 feet from the South 1/4 corner of Section 26, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running along said tract thence North 53°35'00" East 30.12 feet; thence South 31°20'00" East 697.63 feet; thence South 59°11'54" East 54.42 feet; thence South 53°32'37" West 3.47 feet; thence South 82°14'26" West 30.21 feet; thence South 37°22'01"West 8.02 feet; thence North 59°11'54" West 35.99 feet; thence North 31°20'00" West 702.39 feet to the POINT OF BEGINNING. Contains 22,295 square feet or 0.51 acres, more or less. (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, and constructing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub -surface appurtenances as may be deemed necessary for the intended use. This includes but is not limited to, the transport and storage of construction material, soil, equipment, and vehicles. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, strictures, or equipment it constructs within the Easement Area. 3. Temporary Easement. This Agreement shall be temporary in duration, commencing upon the date of execution of this Agreement and continuing for the duration of the construction project, but not to exceed January 1, 2021. After construction and restoration is complete, Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising the same. 1 4. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. 5. Restoration. Upon completion of any repair 6r maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, the Grantee shall remove all equipment and materials from the Easement Area. 6. Warranty of Title and Authority, The Grantor warrants that it has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 8. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 9. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 10. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Casa De Amigos LLC Attn: City Manager Attn: Michael Bynum 217 East Center St. Moab, UT 84532 This Agreement is binding and effective as of the date(s) of execution by the parties, below. 2 Ent 535628 Ak 0888 Pg 0327 Casa De Amigos LLC/City of Moab Temporary Utility Easement Signature Page, Contd. Grantor: Casa De Amigos LLC Casa De Amigos LLC By: Michael Bynum, Manager STATE OF UTAH ) ss. COUNTY OF GRAND The foregoing Agreement was acknowledged and executed before me by Casa De Amigos LLC, acting by and through, Michael Bynum, Manager this 23 day of ii CISS-F , 2019. Witness my hand and official seal. My commission expires: rbisr-0- 1) . 0-0 `*air VAVLERIE M GARDNER I 4 lily; � Notary Public - State of Utah 'al Ti g Comm. No. 707518 ' ' My Commission Expires on Aug 1, 2023 Grantee: By: Emily Niehaus, Mayor of the City of Moab ,„ So`iiinar JAnSon, Recorder • ,,, Ofil)1A-/VV( .AdwA.d/141 Notary Public, Stale of Utah Address: IXL-t fiviaviz fraaG, f gq-G32_ -End of Document- 3 6"9-1-11 Date Ent 535628 Bk 0888 Pg 0328 SEWER EASEMENT i i i i • i N 53°35'00" E 20.08' N 53°35'00" E 30.12' \ POB TEMPORARY EASEMENT POET \ \ \ \\�2� \ \\9'`1,EASEMENT 1- \ 20' SEWER LINE %%%%%%%%% %%%%%%.. . ._ 8/7/19 NO. 7540504 LUCAS B KE �Y. :.% T�TEOF�P� itoom% � . i or f+i %Aye . GRAPHIC SCALE 100 0 50 100 CASA DE AMIGOS LLC 01-126-0008 30' TEMPORARY CONSTRUCTION EASEMENT 3 o. G� "As' 0%Po 0' 6 ti Goo � Fs o2 200 N 59° 11'54" W 35.99' S 37°22'01" W 8.02' S 82°14'26" W 30.21' S 53°35'00" W 88.00' CASA DE AMIGOS LLC 01-126-0007 54.42' S 59°11'54" E N 53°32'37" E \ . 10.74' CASA DE AMIGOS LL 01-126-0006 S 5 °32'37" W 3.47 SOUTH 1/4 \ CORNER \ SECTION 26, \ T255 R21E, �SLB&M S 36°22'10" E 56.65' RED DBE Land Surveying 30 South 100 East Moab, UT84532 435.259.8171 EXHIBIT C 20' SEWER EASEMENT 30' TEMPORARY CONSTRUCTION EASEMENT Project 067-18� Date 8/14/19 1" (INCH) = 100' (FEET) Sheet 1 of 1 J Ent 535628 Bk 0888 Pg 0329 When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 535181 Bk 886 Pg 406— 4109 Date: 09-AUG-2019 4:40:36PM Fee: NoneFiled By: JAC JOHN ALAN CORTE5 Recorder GRAND COUNTY CORPORATION For: MOAB CITY UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Cottontree Partners Limited Partnership, an Idaho limited partnership, the owner of record ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent easement in the NE'/4 of the SW'/a of Section 26, T25S, R21E SLB&M, Moab City, Grand County, Utah: Beginning at a point on grantor's boundary said point being North 41°32'09" West 1793.86 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence along grantor's west boundary North 31°20'00" West 210.00 feet to a point on grantor's north boundary; thence along said boundary North 53°35'00" East 20.08 feet; thence South 31°20'00" East 210.00 feet to grantor's south boundary; thence along said boundary South 53°35'00" West 20.08 feet to the point of beginning, having an area of 4,200 square feet, 0.096 acres (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constructing, maintaining, enlarging and repairing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables and such other surface and sub- surface appurtenances as may be deemed necessary for the intended use. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. Grantor shall not construct any buildings, structures, or other permanent improvements within the Easement Area, and any such improvements or encroachments may be subject to removal without compensation. Notwithstanding, Grantor may connect directly to the sewer line within the Easement Area at Grantor's sole cost and expense, but is subject to compliance with Grantee's ordinances and procedures regarding connection to the public sewer lines including, but not limited to, obtaining the applicable permit outlined in Chapter 13 of the City of Moab Municipal Code. Grantee agrees to waive the connection fee required under Chapter 13.08.050 of the City of Moab Municipal Code, but Grantor agrees to pay all 1 applicable impact fees and subsequent service fees required by Grantee. 4. Restoration. Upon completion of any repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. 5. Abandonment. This Agreement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Agreement. 6. Warranty of Title and Authority. Grantor warrants that it has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Binding in Perpetuity. This Agreement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 8. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 9. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 10. Remedies. In the event of any breach of the provisions of this Agreement, the non -breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 11. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Cottontree Partners Limited Partnership Attn: City Manager Attn: David J. Petersen 217 East Center St. 1030 North 300 East Moab, UT 84532 P.O. Box 540533 North Salt Lake, UT 84054 This Agreement is binding and effective as of the date(s) of execution by the parties, below. 2 Ent 535181 Bk 0886 Pg 0407 Cottontree Partners Limited Partnership/City of Moab Utility Easement Signature Page, Contd. Grantor: COTT THE PAR RS LIMITED PARTNERSHIP By: . _ David J. Petersen, President STATE OF VPI County of Da VI S ) ss. The foregoing Agreement was acknowledged and executed before me by Cottontree Partners Limited Partnership, acting by and through, David J. Petersen, President, this ttAll day of July ,2019. Witness my hand and official seal. AMY KEDDINGTON-MCCLURE Notary Public State of Utah COMMISSION # 700968 ; M Commission Expires June 19, 2022 I Grantee: CITY OF MOAB By: Emily Niehaus, Mayor Attest: Notary PubKc, State of Utah Address: ap f S. M0%4 f'51 �» � A/031 My commission expires: Co (19 / 2 Z V COI ' 1"1 Sommar Johnson. ' ecorder Date -End of Document- 3 Ent 535181 Bk 0886 Pg 0408 i N 53°35'00" E 20.08' GIAMMATTEO INVESTMENTS LLC 01-126-0010 N 53°35'00" E 30.12' \ \\ \ \ COTTONTREE PARTNERS \ \til \ 01-128-0009 \ e \ ua \�0.- 2 \ 0 00 o`�• vy 20' SEWER LINE ,° \ a- \ \o EASEMENT �y a0, \\, \e>>o 9V' a�0 \ \0 \ 300 o� \ o_5510NA(lq • NO. 7540504 LUCAS BLAKE /16/19 , s 73 m GRAPHIC SCALE 0 80 160 30' TEMPORARY CONSTRUCTION EASEMENT S 53°35'00" W 20.08' OD 10. _ TEMPORARY EASEMENT S 53°35'00" W 30.12' CASA DE AMIGOS LLC 01-128-0008 POB SEWER EASEMENT %� 1" (INCH) = 80' (FEET) LEGEND QQ Property Corner \ >< N CORNER, SECTION 35, T25S, R21 E, SLB&M (FOUND REBAR) EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT D Land Surveys ,g 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-181 Date 2/16/19 Sheet 1 OF 1 Ent 535181 Bk 0886 Pg 0409 Ent 535182 Bk 886 PI 414 — 4,13 Date: 09-AUG-2019 4:41:37PM When Recorded Mail to: Fee: NoneFiled By: JAC JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION City of Moab For: MOAB CITY 217 East Center Street Moab, UT 84532 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Cottontree Partners Limited Partnership, an Idaho limited partnership, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a temporary construction easement in the NE'/4 of the SW '/a of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on grantor's boundary said point being North 41 °32'09" West 1793.86 feet and North 53°35'00" East 20.08 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 31 °20'00" West 210.00 feet to grantor's north boundary; thence along said boundary North 53°35'00" East 30.12 feet; thence South 31 °20'00" East 210.00 feet to grantor's south boundary; thence along said boundary South 53°35'00" West 30.12 feet to the point of beginning, having an area of 6,300 square feet, 0.145 acres (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of installing and constructing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub -surface appurtenances as may be deemed necessary for the intended use. This includes but is not limited to, the transport and storage of construction material, soil, equipment, and vehicles. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Temporary Easement. This Agreement shall be temporary in duration, commencing upon the date of execution of this Agreement and continuing for the duration of the construction project, but not to exceed January 1, 2021. After construction and restoration is complete, Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising the same. 1 4. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. 5. Restoration. Upon completion of any repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, the Grantee shall remove all equipment and materials from the Easement Area. 6. Warranty of Title and Authority. The Grantor warrants that it has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 8. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 9. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 10. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Cottontree Partners Limited Partnership Attn: City Manager Attn: David J. Petersen 217 East Center St. 1030 North 300 East Moab, UT 84532 P.O. Box 540533 North Salt Lake, UT 84054 This Agreement is binding and effective as of the date(s) of execution by the parties, below. 2 Ent 535182 Bk 0886 Pg 0411 Cottontree Partners Limited Partnership/City of Moab Temporary Utility Easement Signature Page, Contd. Grantor: COTT.ONTRE PAR' By: 1 �i David J. Petersen, President STATE OF UTAH COUNTY OF DAN 1 S RS LIMITED PARTNERSHIP ) ss. The foregoing Agreement was acknowledged and executed before me by Cottontree Partners Limited Partnership, acting by and through, David J. Petersen, President, this /Pliday of 3-0 �� , 2019. Witness my hand and official seal. Grantee: CITY OF OAB By: \ l� Emily Niehaus, Mayor Attest: AMY KEDDINGTON-MCCLURE Notary Public State of Utah COMMISSION # 700968 M Commission Expires June 19, 2022 Notary Public, State of Utah Address: 5(.0 [ s . MO un i-e►i to rd V'rui% Viet t+�l isr r 03'j My commission expires: 1/92022. 2)• 1 •�°l Sommar Johnson, Recorder Date -End of Document- 3 Ent 535182 Ek 08$6 Pg 0412 f GIAMMATTEO INVESTMENTS LLC 01-126-0010 N 53°35'00" E 20.08' 20' SEWER LINE EASEMENT NO. 7540504 LUCAS BLAKE /16/19 • GRAPHIC SCALE 0 80 160 N 53°35'00" E 30.12' 30' TEMPORARY \ CONSTRUCTION \ / EASEMENT \ \ COTTONTREE PARTNERS \ \ ) 01-126-0009 \ \\ o � o \�O. 9 • \ ��Zsy� �p \0O. \\aj O <OGA G O!y\\e>>O \00 ▪ \ •oo \ • • 0 \ ,LOD TEMPORARY EASEMENT i S 53°35'00" WE i S 53°35'00" W 20.08' POB SEWER EASEMENT 1" (INCH) = 80' (FEET) LEGEND Q. Property Corner 30.12' CASA DE AMIGOS LLC 01-126-0006 \ Ni CORNER, SECTION 35, T25S, R21 E, SLB&M (FOUND REBAR) ESEI*/ D Land Surveying RED EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT 30 South 100 East Moab, UT84532 435.259.8171 Project 067-18-\ Date 2/16/19 Sh eet 1 of 1 / Ent 535182 Bk 0886 Pg 0413 When Recorded, Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 536105 Bk 890 Pi 693—" % ci 7 Date: 14—NOV-2019 3:20:47PM Fee: NoneFiled By: GKW JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: CITY OF MOAB UTILITY EASEMENT AND AGREEMENT This UTILITY EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Giammatteo Investments LLC, a Utah limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent easement in the NE 'A & NW 1/4 of the SW % of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on grantor's boundary said point being North 40°28'15" West 2000.89 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence along grantor's west boundary North 31 °20'00" West 321.70 feet; thence with said boundary North 31°42'42" West 98.30 feet to grantor's north boundary; thence with said boundary North 53°35'00" East 20.07 feet; thence South 31°42'42" East 100.01 feet; thence South 31°20'00" East 319.99 feet to grantor's south boundary; thence with said boundary South 53°35'00" West 20.08 feet to the point of beginning, having an area of 8,400 sq. ft., 0.19 acres (the "Easement Area"). A map outlining the Easement Area is attached as Exhibit C. 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constructing, maintaining, enlarging, and repairing sanitary sewer lines, along with associated surface structures, including manholes, as may be deemed necessary for the intended use; provided, however, that Grantee shall: a) not install a lift station in the Easement Area; and b) make a good faith effort to i) install improvements underground and ii) consolidate necessary surface structures together to minimize surface disturbance in the Easement Area. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. Grantor shall not construct any buildings, structures, or other permanent improvements within the Easement Area, and any such improvements or encroachments may be subject to removal without compensation. 1 4. Restoration. Upon completion of any installation, construction, repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. 5. Connection Fees. In consideration of the easement granted herein, the City shall waive all City of Moab sewer connection fees (but not water connection fees)for future development of any type on real property owned by Grantor and known as 1691 N. Riverview Drive (Parcel No. 01-0126-0010), which real property is comprised of 4.22 acres. This Section shall not be construed as waiving water and sewer impact fees due to the City of Moab under Chapter 13.25 of the City of Moab Municipal Code. 6. Abandonment. This Agreement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Agreement. 7. Warranty of Title and Authority. Grantor warrants that it has full right and lawful authority to make the grant contained herein and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 8. Binding in Perpetuity. This Agreement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 9. Sole Agreement: Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 10. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 11. Remedies and Attorney Fees. In the event of any breach of the provisions of this Agreement, the non -breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 12. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: 2 Ent 536105 Bk 0890 Pg 0694 Grantee: City of Moab Attn: City Manager 217 East Center St. Moab, UT 84532 Grantor: Giammatteo Investments LLC Attn: J. J. Wang 168 East Center St. Moab, UT 84532 This Agreement is binding and effective as of the date(s) of execution by the parties, below. Grantor: Giammatteo Investments LLC /44'!, a �= y: J. J. Wang ember STATE OF UTAH SS. COUNTY OF GRAND The foregoing Agreement was acknowledged and executed before me by Giammatteo Investments LLC, acting by and through J. J. Wang, Manager/Member this 601+1 day of N OVeMl'bef'. , 2019. Witness my hand and official seal. My commission expires: 1 ` 0\1e/r1be( 01 9"01:2." r_.... y___a__�__�_____ _, RACHELLE PIERCE ; , Notary Public ► ,k State of Utah COMMISSION My ComiBEioEMiMtes tVov�ember o632_� (n'2 Notary Pu. isState of Utah Address: 'lyit/ jV� MD ,#1J 1� IO�i . 1 -Continued Below- 3 Ent 536105 Bk 0890 Pg 0695 Giammatteo/City of Moab Utility Easement and Agreement Signature Page, Contd. Grantee: By: Emily Niehaus, Mayor of the City of Moab Attest: `4wtttvutitllf ti iT '�"{� Sorriwriaroltcorder Date � " O • - tiTAVk . \ -End of Document- 4 Ent 536105 Bk 0890 Pg 0696 c ovs,;- P' N 53°35'00" E 20.07' N 53°35'00" E 30.10' 20' SEWER LINE EASEMENT GRAPHIC SCALE 80 160 1" (INCH) = 80' (FEET) LEGEND GIAMMATTEO INVESTMENTS LLC 01-126-0010 S 53°35'00" W 20.08' POB SEWER EASEMENT p Property Corner 30' TEMPORARY CONSTRUCTION EASEMENT 2 9o° \vim) \ \ /Z \ 1:? Na CORNER, SECTION 35, \ T25S, R21 E, SLB&M (FOUND REBAR) S 53°35'00" W 30.12' POB TEMPORARY EASEMENT COTTONTREE PARTNERS 01-126-0009 EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT RED DM Land Surveying 30 South 100 East Moab, UT 84532 435.259 8171 Project 067-18-\ Date 2/16/19 J `Sheet 1 of 1 J Ent 536105 Bk 0890 Pg 0697 When Recorded Mail to: Ent 536106 Rk 890 P 698 —70 1 Date: 14—NOV-2013 39:22:57PM Fee: By: GKW City of Moab JOHN ALANFiled CORTES,Recorder GRAND COUNTY CORPORATION 217 East Center Street For: CITY OF MOAB Moab, UT 84532 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT (the "Agreement") is made and entered into as of the date(s) set forth below by and between Giammatteo Investments LLC, a Utah limited liability company, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein, the receipt of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a temporary construction easement in the NE 'A & NW A of the SW '' of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on grantor's boundary said point being North 40°28'15" West 2000.89 feet and North 53°35'00" East 20.08 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 31 °20'00" West 319.99 feet; thence North 31 °42'42" West 100.01 feet to grantor's north boundary; thence with said boundary North 53°35'00" East 30.10 feet; thence South 31°42'42" East 102.58 feet; thence South 31°20'00" East 317.43 feet to grantor's south boundary; thence with said boundary South 53°35'00" West 30.12 feet to the point of beginning, having an area of 12,600 sq. ft., 0.29 acres. (the "Easement Area"). A map outlining the Easement Area is attached as Exhibit A. 2. Purpose. This Agreement is granted for the purpose of establishing, installing, and constructing sanitary sewer lines, along with associated surface structures including manholes, and such other surface and sub -surface appurtenances as may be provided in the permanent easement executed contemporaneously with this Agreement. This includes but is not limited to, the transport and storage of construction material, soil, equipment, and vehicles. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement Area. 3. Temporary Easement. This Agreement shall be temporary in duration, commencing upon the date of execution of this Agreement and continuing for the duration of the construction project, but not to exceed January 1, 2021. After construction and restoration is complete, Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising the same. 1 4. Non-exclusive Use: Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. 5. Restoration. Upon completion of any installation, construction, repair or maintenance work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, the Grantee shall remove all equipment and materials from the Easement Area. 6. Warranty of Title and Authority. The Grantor warrants that it has full right and lawful authority to make the grant contained herein and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Agreement. 7. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 8. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 9. Remedies and Attorney Pees. In the event of any breach of the provisions of this Agreement, the non -breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. 10. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Giammatteo Investments LLC Attn: City Manager Attn: J. J. Wang 217 East Center St. 168 East Center St. Moab, UT 84532 Moab, UT 84532 This Agreement is binding and effective as of the date(s) of execution by the parties, below. 2 Ent 536106 Ak 0890 Pg 0699 Giammatteo Investments LLC/City of Moab Temporary Utility Easement Signature Page, Contd. Grantor: Giammatteo Investmen By: Gi • atteo Inves By: J. J. Wang, Mem STATE OF UTAH C er/Manager ) ss. COUNTY OF GRAND The foregoing Agreement was acknowledged and executed before me by Giammatteo Investments LLC, acting by and through J. J. Wang, Member/Manager this 4944 day of AiOWn:eve• , 2019. Witness my hand and official seal. My commission expires: Ntle O `a. 42• - li � t RlACHELLE PIERCE , Notary Public t Q' State of Utah COMMISSION # 703203 , My Commiaslon E fires November Os, 2022 Grantee: By: Emily Niehaus, Mayor of the City of Moab Attest: s —I : Sch�m JohnS0,iecorder 1:• Notary Public, State of Utah Address: OV B N • t VI 13400,-- -End of Document- 1AV. (61l Date 3 Ent 536106 Bk 0890 Pg 0700 c y710C) opeq. SJ�\S` q' N 53°35'00" E 20.07' tP \ LP,. s \;-;„. \(''° .) t i \ 1 (� \ ,cp \�! ` 'o. \ \ GIAMMATTEO INVESTMENTS LLC \ \ 01-128.0010 \ \ GJ, \ \ \ piT$. \ \ - ro�F \ \ \ \ LP %�Srgy \ \ u'�° 6. r OZ u, \ ,. \ "'' \ moo, \ � $, \ c<" \?> `', \i0 \ LEGEND S10Nq� �,� NO.7540504 LUCAS BLAKE /16/19 . GRAPHIC SCALE 0 80 160 i N 53°35'00" E 30.10' 20' SEWER LINE EASEMENT 1" (INCH) = 80' (FEET) ifs o \ S 53°35'00" W 20.08' POB SEWER EASEMENT Q. Property Corner 30' TEMPORARY CONSTRUCTION EASEMENT S 53°35'00" W 30.12' POB TEMPORARY EASEMENT COTTONTREE PARTNERS 01-126-0009 \ Ni CORNER, SECTION 35, \ T25S, R21 E, SLB&M (FOUND REBAR) EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT RED DESE Land Surveying 30 South 100 East Moab, UT 84532 435 259 8171 1 Project 067-18� Date 2/16/19 J 1Sheet 1 of 1 Ent 536106 Bk 0890 Pg 0701 1 Moab City Council Agenda Item Meeting Date: January 14, 2020 Title: Community Board and Commission Liaison Designations Date Submitted: January 14, 2020 Staff Presenter: Joel Linares Attachment(s): -Resolution memorializing community board and organization liaison designations Recommended Motion: I move to approve the resolution memorializing the list of designated liaisons for selected boards and organizations. Background/Summary: On January 14, 2020, the Moab City Mayor and Councilmembers discussed how to best engage in effective communication with and provide representation to various community boards and organizations. The proposed resolution memorializes that discussion and adopts the attached list of designees (Attachment A) for selected boards and organizations for the calendar year 2020. 1 CITY OF MOAB RESOLUTION NO. 04-2020, A RESOLUTION MEMORIALIZING THE DESIGNATION OF COUNCILMEMBERS AND STAFF AS LIAISONS TO VARIOUS COMMUNITY BOARDS AND ORGANIZATIONS The following describes the intent and purpose of this resolution: A.On January 14, 2020, the Moab City Mayor and Councilmembers (“Council”) discussed how to best engage in effective communication with and provide representation to various community boards and organizations; and B.Based on that discussion, the Council memorializes the attached list of designees (Attachment A) for the calendar year 2020. The foregoing resolution is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. ______________________________ Mayor Emily S. Niehaus Date Attest: ____________________________________________ Sommar Johnson, Recorder Date Attachment A Designated Liaisons for Selected Boards and Organizations Organization Designee Alternate Staff Grand County Airport Board Karen Guzman- Newton Grand County Recreation Special Service District Grand County Solid Waste Special Service District Kalen Jones Grand Water & Sewer Service Agency Mike Duncan Moab Mosquito Abatement District Chace Gholson Moab Area Travel Council Advisory Board Southeastern Utah Association of Local Government Mayor Niehaus Canyonlands Health Care Special Service District Rani Derasary Moab Chamber of Commerce Karen Guzman- Newton ULCT Legislative Policy Committee Rani Derasary, Tawny Knuteson-Boyd, Joel Linares Grand County Active Transportation (Trail Mix) Moab Area Watershed Partnership Mike Duncan Kalen Jones EDC Utah Mayor Niehaus Economic Development ad hoc committee Kalen Jones Moab Dark Skies Working Group Kalen Jones Grand Homeless Coordinating Committee Mike Duncan Intergenerational Poverty Tawny Knuteson-Boyd Moab Area Housing Task Force Kalen Jones Communities that Care Karen Guzman- Newton, Tawny Knuteson-Boyd USU Dean's Council Mayor Niehaus Throttle Down Kalen Jones Housing Authority of Southeastern Utah Tawny Knuteson-Boyd Grand County Council Mayor Niehaus Grand County School District Board of Education Karen Guzman- Newton Moab Tailings Project Steering Committee Rani Derasary UMTRA Funding Subcommittee Rani Derasary Moab City Water Conservation & Drought Management Advisory Board Mike Duncan CITY OF MOAB RESOLUTION NO. 09-2018, A RESOLUTION MEMORIALIZING THE DESIGNATION OF COUNCILMEMBERS AND STAFF AS LIAISONS TO VARIOUS COMMUNITY BOARDS AND ORGANIZATIONS The following describes the intent and purpose of this resolution: A. On January 22, 2018, the Moab City Mayor and Councilmembers ("Council") discussed how to best engage in effective communication with and provide representation to various community boards and organizations; and B. Based on that discussion, the Council memorializes the attached list of designees (Attachment A) for the calendar year 2018. The foregoing resolution is approved and adopted by action of the Moab City Council, as set forth below. This resolution shall take effect immediately. Mayor Emily S. Niehaus Z--13-1� Date a - 1 3- i8 Rachel Stenta, Recorder Date 1 Attachment A Designated Liaisons for Selected Boards and Organizations Organization Grand County Airport Board Grand County Recreation Special Service District Grand County Solid Waste Special Service District Grand Water & Sewer Service Agency Moab Mosquito Abatement District Moab Area Travel Council Advisory Board Southeastern Utah Association of Local Government Canyonlands Health Care S ecial Service District Moab Chamber of Commerce ULCT Legislative Policy Committee Trail Mix Moab Area Watershed Partnership EDC Utah Economic Development ad hoc committee Moab Dark Skies Working Group Grand Homeless Coordinating Committee Intergenerational Poverty Moab Area Housing Task Force Communities that Care USU Dean's Council Throttle Down Housing Authority of Southeastern Utah Grand County Council Grand County School District Board of Education Moab Tailings Project Steering Committee UMTRA Funding Subcommittee Moab City Water Conservation & Drought Management Advisory Board Designee Guzman -Newton Tif Miller Jones Duncan Chace Gholson David Everitt Mayor Niehaus Derasary Guzman -Newton Mayor Niehaus, Derasary Tif Miller Duncan. Jones as alternate Mayor Niehaus Jones Jones Duncan Knuteson-Boyd Jones Guzman -Newton, Knuteson- Boyd Mayor Niehaus Jones Knuteson-Boyd Niehaus Guzman -Newton Derasary Derasary Duncan