HomeMy Public PortalAboutORD-CC-2008-10Ordinance #2008-10
An Ordinance Creating CHAPTER 17.80 of the Moab Municipal Code Enacting
Supplementary Regulations for Large Scale Retail Developments
Over 30,000 Square Feet
010 PURPOSE AND INTENT
The purpose and intent of these regulations are:
A. To break up the apparent mass and scale of large retail structures in order to ensure that
such development is compatible with and does not detract from Moab's unique natural character, scale,
and sense of place;
B. To help integrate large-scale retail development with its visual surroundings when viewed
from adjacent public rights -of -way and neighboring properties;
C. To promote and facilitate a safe and comfortable pedestrian scale environment;
D. To mitigate onsite and offsite impacts of large retail structures on public infrastructure;
E. To encourage a mixture of uses and sizes of structures;
F. To reduce the visual impact of large areas of parking and outdoor lighting; and
G. To reduce future negative impacts of empty or abandoned large retail structures on the
appearance and retail economic health of the community.
020 DEFINITIONS
In the event that the definition of a term presented in this Chapter conflicts with the definition of the same
or similar term presented elsewhere in this Code or in a model code that has been adopted by the City
(eg., International Building Code), the definition contained in this Chapter shall prevail.
A. Affected Entity. A county, local district, special service district, interlocal cooperation
entity, public utility, property owner, school district, property owner's association, state agency, or
the Utah Department of Transportation if: 1) the entity's services or facilities are likely to be
affected or require expansion or modification as a result of any application pursuant to this
Chapter; 2) the entity has filed a copy of its general or long range plan with the City; or 3) the
entity has filed with the City, not less than fifteen (15) days prior to any public hearing under this
Chapter, a written request for notice of hearing.
B. Arcade. An area contiguous to a street or building that is open and unobstructed, and that
is accessible to the public at all times. Arcades may include building columns, landscaping,
statuary and fountains. Arcades do not include off-street loading/unloading areas, driveways or
parking areas.
C. Architectural or Structural Bay. A design feature or collection of features that breaks up
the flat expanse of a wall through the use of indentations, property ribs or offsets.
D. Berm. An earthen mound designed to provide visual interest on a site, screen undesirable
views, reduce noise or provide a buffer from adjoining uses.
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E. Buffer. See also "screen". An area provided to reduce the conflict between two different
land uses. Buffers are intended to mitigate undesired views, noise and glare - effectively
providing greater privacy to neighboring land uses. Typical buffers consist of materials that serve
this purpose and include, but are not limited to, plant materials, walls, fences and/or significant
land area to separate the uses.
F. Cornice. A decorative projection at the top of a wall or building.
G. Dormer. A window set vertically in a gable projecting from a sloping roof.
H. Extraordinary Impact. An impact created by a proposed development that will result in the
need for improvements to public facilities such as water, sewer, storm water drainage,
and/or streets. Examples of extraordinary impacts include but are not limited to:
1. Installation of new water, sewer and/or storm water improvements necessary to meet the
demands of the proposed development.
2. Upsizing of existing water, sewer, and/or storm drain pipelines to meet the demands of the
proposed development increase capacity.
3. Installation of street and/or traffic signal improvements to maintain a Level of Service
(LOS) of C or higher on all public streets that will be affected by the proposed
development.
I. Facade. The portion of any exterior elevation on the building extending from grade to the top
of the parapet, wall or eaves and extending the entire length of the building.
J. Floor Area, Gross (GFA)-The sum of the gross horizontal areas of all enclosed floors of a
building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies from the
exterior face of the exterior walls, or from the centerline of a common wall separating two
buildings, but excluding any space with a floor to ceiling height of six (6) feet six (6) inches. Also
includes permanent outdoor retail display areas including but not limited to garden centers and
seasonal displays of merchandise,
K. Floor Area, Net (NFA)-The total of all floor areas of a building, excluding stairwells and
elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the
first or ground floor, except when these are used or intended to be used for human habitation or
service to the public. (Note: Very often, net floor area is expressed as gross floor area minus a
specified percentage. Stairwells, elevator shafts, equipment rooms, and utility rooms generally
average about 15% of the gross floor area. (Net floor area may be defined as gross floor area
minus 15%.)
L. Gable. A triangular wall section at the end of a pitched roof, bounded by the two roof
slopes.
M Ghost Sianage. The visible remains or impressions left when a sign is removed from a
building or sign standard.
N. Hardscape. The inanimate elements of landscaping including patios, paths, plazas,
decks, fountains, rock and stone.
O. Hip Roof. A roof without gables.
P. Mansard Roof. A roof containing two sloping planes of different pitch on each of four sides.
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Q. Pad Building. A building placed in or around a large scale retail parking area, providing
complementary goods and services to those provided by the large scale retailer. Pad buildings
often are restaurants, specialty stores, and banks.
R. Parapet. The portion of a wall that extends above the roofline.
S. Portico. A porch or walkway with a roof supported by columns, often leading to the
entrance to a building.
T. Public or Private Right of Way. Any road intended to provide public access to any I
ot/development, but excluding any service road or internal driving aisles (i.e., within parking lots).
U. Public Space. An area where the public can gather and/or rest, and not part of the retail
space of a store, mall, or plaza.
V. Screen. See also "buffer". The sole purpose of a screen is to block views. A screen
should be constructed of opaque materials and whose height will be effective in obstructing
unwanted views.
W. Structural BMP (Best Management Practice). Any of several commonly accepted and
used storm water improvements designed to prevent stormwater discharges exceeding historic
pre -development levels and prevent the discharge of pollutants into surface and groundwaters
X. Wino Wall. A projection of a wall extending out beyond the body of the building.
030 APPLICABILITY
A. Application. In addition to compliance with all other requirements of this Code, new
construction of retail establishments exceeding 30,000 gross square feet, as measured by the finished
building envelope for all primary structures, a single tenant or combination of tenants in a single structure
must comply with the standards established by this Chapter. Remodeling and/or expansion of existing
structures wherein the result of the remodeling and/or expansion exceeds 30,000 gross square feet a
single tenant or combination of tenants in a single structure must comply with the standards established
by this Chapter.
B. Conflicts. Where the requirements of any part of this Chapter may conflict with any other
provision of the Code, this section shall prevail.
040 AESTHETIC CHARACTER
A. Facades and Exterior Walls. If a building facade exceeds sixty (60) feet in length, it shall
be broken down into smaller elements by jogging the wall in or out a minimum of four (4) feet for at least
ten (10) feet in length, or by adding an element such as a porch, recessed entry, bay window, projecting
trellis or similar substantial architectural feature at intervals so that no continuous wall plane is more than
sixty (60) feet in length.
B. Smaller Retail Uses. The standards presented in this section are directed
toward those situations where additional, smaller stores, with separate, exterior customer entrances are
located in the principal buildings or on the development site.
1. Where principal buildings contain additional, separate stores, which occupy less than
thirty -thousand (30,000) square feet of gross floor area, with separate, exterior customer
entrances:
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a. The street level facade of such stores shall be transparent between the height of
three feet and eight feet above the walkway grade for no less than sixty (60)
percent of the horizontal length of the building facade of such additional stores.
b. Windows shall be recessed and should include visually prominent sills, shutters, °kind
other such forms of framing.
C. Detail Features. The elements in the following standard should be integral parts of the
building fabric, and not superficially applied trim or graphics, or paint:
1. Building facades shall include a repeating pattern that shall include no less than three of the
elements listed below. At least one of these elements shall repeat horizontally. All elements
shall repeat at intervals of no more than thirty (30) feet, either horizontally or vertically:
a. Color or hue change
b. Texture change
c. Material module change
d. Expression of architectural or structural bay through a change in
plane no less than twelve (12) inches in width, such as an offset, reveal, or
projecting rib.
D. Roof Lines. Variations in roof lines should be used to add interest to, and reduce the
massive scale of large buildings. The following standards shall apply:
1. Roof lines shall be varied with a change in height of not less than three (3) feet for every
one hundred (100) linear feet in the building length. Parapets, mansard roofs, gable roofs, hip
roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view.
The planning commission may approve alternating lengths and designs which may be
addressed during the site plan approval process.
E. Materials and Colors. Exterior building materials and colors comprise a significant part of the
visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with
materials and colors of the surrounding landscape.
1. Predominant exterior building materials shall be high quality materials and include:
a. Stucco
b. Unpainted or natural colored brick
c. Wood
d. Stone
e. Tinted and textured masonry units; or
f. Other materials approved by the planning commission
Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of
high intensity colors, metallic colors, black or fluorescent colors is prohibited.
2. Exterior building materials on facades adjacent to public roads shall not include the
following:
a. Smooth -faced concrete or masonry block
b. Tilt -up concrete panels
c. Pre -fabricated steel panels
F. Entryways. Entryway design elements and variations should give orientation and aesthetically Lod
pleasing character to the building. The following standards identify entryway design features:
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1. Each principal building on a site shall have clearly defined and visible
customer entrances featuring no less than three of the following:
a. canopies or porticos
b. overhangs
c. recesses/projections
d. arcades
e. raised corniced parapets over the door
f. peaked roof forms
g. arches
h. outdoor patios
i. display windows
j. architectural details such as tile work and moldings which are integrated into the
building structure and design
k. integral planters or wing walls that incorporate landscaped areas and/or places for
sitting
G. Public Spaces. No less than 5 percent of the floor area shall be dedicated to interior or
exterior public spaces.
050 SITE DESIGN
Large scale retail developments as defined by this ordinance shall be required to follow the provisions of
Moab City Code Chapter 17.09. In addition, the following provisions shall apply:
A. Building size. New retail establishments shall not exceed two hundred thousand (200,000) gross
square feet as a single tenant or combination of tenants in a single structure. Remodels and/or
expansions of existing building shall not result in retail establishments exceeding two hundred thousand
(200,000) square feet as a single tenant or combination of tenants in a single structure.
B. Building height. New retail establishments and remodels and/or expansions of existing buildings
in excess of thirty thousand (30,000) gross square feet shall not exceed forty (40) feet in height.
C. Parking Lot Orientation. Parking areas should provide safe, convenient, and efficient access for
vehicles and pedestrians. They should be distributed around large buildings, predominately to the rear or
side, in order to shorten the distance to other buildings and public sidewalks and to reduce the overall
scale of the paved surface. The following standards shall apply:
1. No overnight camping shall be permitted in parking facilities authorized pursuant to this
Chapter. The applicant shall publish and enforce policies to assure compliance with this
provision.
D. Parking Sub -areas. Unbroken rows of parking spaces shall not exceed 150 feet unless
separated by significant planted dividers or islands.
E. Number of parking spaces. The number of parking spaces provided shall be one space for every
three hundred (300) square feet of retail space. The Planning Commission shall have the authority to
grant special exceptions to the required number of parking spaces, provided that any exception (whether
a reduction or an increase) shall not deviate from the standard by more than fifteen percent (15%).
F. Storm water systems. Storm water system design shall emphasize water quality treatment and
ground water recharge. The site storm water system shall capture all site runoff, provide water quality
treatment through the use of appropriate structural BMPs, and discharge the storm water to the public
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storm water system at a rate that does not exceed the pre -developed rate for the project site for the 10-
year and 100-year storm events. In the event that the property cannot drain to the public storm water
system, storm water may be discharged onto or across adjacent properties provided that easements
permitting such use are executed with the respective landowners. Required additional storm water
conveyance systems shall be subject to approval by the city and shall be constructed at the applicant's
cost.
Outdoor lighting
1. Lighting shall be full cut-off fixtures and downward facing and no light shall be emitted
beyond the project site. The applicant must provide an exterior lighting plan that quantifies
light coverage upon the project site and provides information on how outdoor lighting will
be accomplished to minimize impacts on adjacent properties or roadways.
2. To minimize any indirect overflow of light on adjacent properties, the height of any
proposed parking lot light standard shall not be taller than light standards in surrounding
neighborhood residential zones and should stair step down to a lower height when close
to neighboring residential uses or residentially zoned areas.. The light standards shall be
no taller than the main building. In no case shall the height of the light standards exceed
25 feet.
G. Rear and Side Facades. Side and rear facades shall adhere to the requirements outlined in this
Section 040.A of this Chapter. Architectural and landscaping features should mitigate to the maximum
extent practicable the impacts of blank walls, loading areas, storage areas, HVAC units, garbage
receptacles and other accessory features..
1. The minimum setback for any building facade shall be twenty-five (25) feet. Where the
facade faces adjacent residential zones an earthen berm shall be installed, no less than 6
feet in height, containing at a minimum, a double row of evergreen or deciduous treestJ
planted at intervals of 20 feet trunk to trunk. Additional landscaping may be required by
the Planning Commission to effectively buffer adjacent land use as deemed appropriate.
All additional landscape requirements of the Landscape Ordinance shall apply.
H. Outdoor Storage, Trash Collection, and Loading Areas. Loading areas and outdoor storage areas
exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining
properties and/or public streets, should be screened when viewed from adjacent public or private rights -
of -way or neighboring properties. Appropriate locations for loading and outdoor storage areas include
areas between buildings, where more than one building is located on a site and such buildings are not
more than forty (40) feet apart, or on those sides of buildings that do not have customer entrances.
1. Areas for outdoor storage, truck parking, trash collection or compaction, utility meters,
HVAC equipment or other such equipment, similar uses, and similar service functions
shall be screened when viewed from adjacent public or private rights -of -way or
neighboring properties. Materials, colors, and designs of screening walls, fences and
covers shall conform to those used as predominant materials, colors and designs of the
building. No areas for outdoor storage, trash collection or compaction, loading, or other
such uses shall be located within thirty (30) feet of any public street, public sidewalk, or
internal pedestrian way.
2. Delivery and loading operations shall conform to Moab City Code Chapter 17.74.
3. Delivery and loading areas shall be substantially set back from a residential use or
residentially zoned property that is adjacent to the site. A landscape buffer of at least
thirty (30) feet in width shall be provided adjacent to the delivery and loading area where it
adjoins residential uses or zones. The landscape buffer shall include evergreen shrubs Li
and/or trees plus deciduous canopy trees at regular intervals to provide noise, light, and
visual screening.
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4. If the delivery and loading spaces are located within an enclosed building or underground,
no such set back and buffer area shall be require
5. Outdoor storage of chemicals, fertilizers and other materials that pose a potential source
of groundwater pollution shall be stored in a contained area that prevents leakage into the
storm water system or into the groundwater.
Pedestrian/Bicycle Accessibility. This section sets forth standards for public sidewalks and
internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as
pedestrian safety, shelter, and convenience within the center grounds.
1. Sidewalks at least six (6) feet in width shall be provided along all sides of the project site
that abut a public or private right-of-way. The Planning Commission may waive this
requirement as part of the development plan if a suitable alternative is proposed.
2. Continuous internal pedestrian walkways, no less than five (5) feet in width, shall be
provided from the public sidewalk or right-of-way to the principal customer entrances of all
principal buildings on the site. At a minimum, walkways shall connect focal points of
activity such as, but not limited to, parking areas, street crossings, building and store entry
points, and shall feature landscaping as per requirements outlined in this ordinance.
3. Walkways shall be provided through parking lots. A paved walkway or sidewalk must be
provided for safe walking areas through parking lots greater than one hundred fifty (150)
feet in length (measured either parallel or perpendicular to the street front). Walkways
shall be provided for every three parking aisles, or at a distance of less than one hundred
fifty 150 feet between paths (which ever is more restrictive.) Such access routes through
parking areas shall be separated from vehicular parking and travel lanes by use of
contrasting paving materials which may be raised above the vehicular pavement. Speed
bumps may not be used to satisfy this requirement.
4. Sidewalks, no less than five (5) feet in width, shall be provided along the full length of the
building along any facade featuring a customer entrance, and along any facade abutting
public parking areas. Such sidewalks shall be located at least six (6) feet from the facade
of the building to provide planting beds for foundation landscaping.
5. All internal pedestrian walkways shall be distinguished from driving surfaces through the
use of durable, low maintenance surface materials such as pavers, bricks, or scored and
tinted concrete to enhance pedestrian safety and comfort, as well as the attractiveness of
the walkways.
6. Public bicycle lanes and pedestrian trails a minimum of ten (10) feet in width shall be
provided across the site as necessary to implement Moab area trail plans as approved by
the Moab City Council and in effect at the time of application.
7. Bicycle lanes or paths shall be provided from an adjacent street to a bicycle parking area
near a primary entrance of structures.
8. The applicant shall provide street stub outs, trails, and sidewalks as necessary to promote
efficient circulation and connectivity with adjacent developed parcels or undeveloped
parcels that are likely to develop.
060 SIGNAGE
Large scale retail developments as defined by this Chapter shall be required to follow the provisions of
Moab City Code Chapter 15.44 (Moab Sign Code.). In addition, the following provisions shall apply:
A. Sign Color. Sign colors shall be low reflectance, subtle, neutral, or earth tone colors. Use of
high -contrast colors in all wall and monument signs is prohibited.
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B. Sign Types. Corporate or retail signage shall be limited to internally illuminated and channeled
wall signs and monument signs. Maximum sign square footage, height and all other requirements shall
be governed by Chapter 15.44 of this code.
All free standing signs shall be monument style: i.e. mounted on a base (above grade) of wood, brick o4J
stone, which is detached from any building and built with continuous background surface from the ground
up.
070 LANDSCAPING
A. Landscaping Materials and Spaces. Required landscaping shall be limited to the following
materials and spaces:
1. Living ground cover;
2. Permeable, continuous non -living ground cover;
3. Living plant life other than ground cover;
4. Retained native vegetation;
5. Natural or manufactured features, including but not limited to boulders and planters;
6. Pedestrian ways; and
7. Public spaces.
B. Landscaping Materials and Design Mix. Separate sections of landscaping shall be composed of
the required materials in any combination as follows:
1. Living plant life other than ground cover or natural vegetation shall have a minimum
coverage of five (5) percent;
2. Living ground cover shall have a maximum coverage of eighty (80) percent;
3. Permeable non -living ground cover shall have a maximum coverage of twenty (20)
percent;
4. Natural or manufactured features shall have a maximum coverage of fifteen (15) percent;
5. Pedestrian ways or public spaces shall have a maximum coverage of fifty (50) percent;
C. Plant Materials and Landscape Design Standards.
1. Plants selected for landscape areas shall consist of plants that are well suited to the
micro -climate and soil conditions at the project site. Plants with similar water needs shall
be grouped together as much as possible.
2. Turf areas shall be limited to areas with shade for at least one half of the mid -summer day
and shall not be allowed in spaces narrower than ten (10) feet wide. Turf shall not be used
in more than ten (10) percent of total landscape area, and should be located in places
where people will use it.
3. For projects located at the interface between urban areas and natural open space (non -
irrigated), highly drought tolerant plants shall be selected that will blend with the native
vegetation and are fire resistant or retardant. Plants with low level fuel volume or high
moisture content shall be emphasized. Plants that tend to accumulate excessive amount
of dead wood or debris shall be avoided.
4. Areas with a slope greater than thirty three (33) percent shall be landscaped with deep
rooting, water conserving plants for erosion control and soil stabilization.
5. Parking strips and other landscaped areas less than eight (8) feet wide shall be
landscaped with water conserving plants.
D. Irrigation systems.
1. A detailed irrigation plan shall be drawn to the same scale as the planting plan and shall
contain the following information:
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Ld
a. Layout of irrigation system and summary legend outlining the type and size of all
components of the system, including manufacture name and model number with
approved equals;
b. Static water pressure in pounds per square inch at the point of connection to the
public water supply;
c. Flow rate in gallons per minute and design operating pressure in pounds per
square inch for each valve and precipitation rate in inches per hour for each valve
with sprinklers; and
d. Installation details for irrigation components.
2. A monthly irrigation schedule shall be prepared that covers the initial 120 day plant
establishment period and the typical long term uses period. The schedule shall consist of
a table with the following information for each valve:
a. Plant type (e.g., turf, trees, low water plants);
b. Irrigation type (e.g., drip, bubblers, sprinklers);
c. Flow rate in gallons per minute;
d. Run time in minutes;
e. Frequency of run (number of days per week); and
f. Cycle time to avoid runoff.
E. Building Foundation Landscaping. A minimum of fifty (50) percent of a facade length containing a
primary customer entrance shall have a foundation landscaped area extending at least six (6) feet out
from the building. All other fagades that can be viewed from existing public rights of way shall have
foundation landscaping extending a minimum of eighty (80) percent of the facade length.
F. Parking Lot Landscaping.
1. At least ten (10) percent of the interior of all vehicular use areas shall be landscaped so as
to define parking isles and limit unbroken rows of parking and provide for pedestrian
accessibility and safety. Ends of parking rows and corner areas shall be curbed and
landscaped.
G. Internal pedestrian walkway landscaping. All internal pedestrian walkways, as required by this
ordinance, shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds,
ground covers, or other such materials for no less than fifty (50) percent of their length.
H. Parking lot trees required. All proposed parking areas shall have shade trees planted at spacing
no greater than forty (40) feet trunk to trunk around the entire perimeter, with exception of those areas
where the placement of trees would constitute a clear visual safety hazard. All landscaped islands in the
interior of parking lots shall have, at a minimum, one large shade tree every forty (40) feet. Each
separate landscaped island or area shall contain a minimum of one hundred sixty five (165) square feet,
shall have a minimum dimension of eight feet in any direction and shall include at least one tree. Trees
shall be required within the interior planting islands of any vehicular use area exceeding four thousand
five hundred (4,500) square feet.
Adiacent buffer required. A landscaped buffer of at least twenty (20) feet in width shall be
required along the entire edge of any parking lot or the edge of a building facade without a primary or
pedestrian oriented entrance when adjacent to a public right-of-way. The landscaped buffer shall
incorporate canopy shade trees planted at a minimum of thirty (30) feet on -center for the buffer area.
J. Minimum Vegetation Size. No required canopy and shade tree planting shall be less than one
and one half (1.5) inch caliper, measured at breast -height, at the time of planting. Evergreen trees shall
be a minimum of seven (7) feet in height at the time of planting.
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K. Installation and Maintenance. All landscape materials required by this section shall be installed
in accordance with standard practices of horticultural professionals and in good and workmanlike manner,
and shall be maintained by the property owner in good condition.
1. All applicants for landscape plan approval shall file a maintenance schedule and a scope
of maintenance work with the zoning administrator. At minimum the maintenance
schedule shall include the following:
a. Any damaged or dead trees, shrubs or ground cover shall be replaced
promptly for the life of the building.
b. Maintenance of landscaped areas shall include:
i. Continuous operations of removal of weeds;
ii. Mowing; trimming; edging; cultivation;
iii. Reseeding;
iv. Plant replacement;
v. Appropriate fertilization; spraying;
vi. Control of pests, insects and rodents by nontoxic methods whenever
possible;
vii. Watering with an automatic irrigation system is required; and
viii. Other operations necessary to assure normal plant growth.
2. Irrigation systems shall be maintained in good operating condition to promote the
conservation of water.
3. The obligation for continuous maintenance shall be binding on the applicant for landscape
plan approval, to any subsequent owners of the property, or other parties having a
controlling interest in the property.
080 SUBMITTAL REQUIREMENTS
A. Submittal Documents. The applicant shall submit an application form signed by the owner of the
project site along with the application fee established by the City. In addition to the standard submittal
requirements as outlined in this code, additional supplementary submittal requirements shall be required
for developments subject to this subchapter. A Site Plan checklist will be provided by City Planning Staff.
B. Engineering Plans and Studies. All drawings and reports listed in this section shall be stamped by
a Professional Engineer holding a current license in the State of Utah. Applicant shall submit the
following without exception:
1. Traffic Impact Study. A report that presents pre- and post -development traffic estimates
and level of service values for all streets and intersections that will be impacted by the
proposed development.
2. Water System Study. A report that presents the proposed development's fire flow and
peak use requirements, and analyzes existing system capacity.
3. Storm Drainage Study. A report that presents pre- and post -development runoff flow
estimates for the site, detention volume requirements, proposed BMPs, and all other
information necessary to allow for review of the proposed drainage plan.
4. Exterior Lighting Plan. A detailed plan showing the location, height, and light output of all
proposed lighting and the results of a computer lighting model showing the estimated
luminance levels at grid points on the site and over an area extending 150 feet beyond the
perimeter of the site. The plan shall include manufacturers' cut sheets detailing the fixtures to
be used.
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5. Construction Drawings and Specifications. A package that at a minimum shall show site
utilities, site grading, surface improvements, internal traffic circulation, easements, and
required traffic signage.
6. Title Report. An ownership and encumbrance report, abstract of title, or similar submittal
disclosing all existing easements, rights -of -way, and interests affecting the project site.
7. Affected Entities. A listing by name, address, and telephone number of all persons who
may be affected entities, as defined in this Chapter, with respect to the proiect site.
C. Architectural Plans and Presentations. All drawings and reports listed in this section shall be
prepared by an Architect or Landscape Architect as appropriate, holding a current license in the State of
Utah. Applicant shall submit the following:
1. Conceptual Drawings. The package shall, at a minimum, include the following:
a. Site plan views showing building locations, parking areas with space totals,
pedestrian and vehicular circulation routes, public trails and pathways, landscaped
areas, and screening;
b. Elevation views of all proposed buildings showing scaled architectural details,
massing, height, and other design features; and
c. Illustrative drawings, examples, or mock-ups showing the materials, colors and
typical views from adjacent public streets of all proposed buildings.
2. Signaae Plan. A plan showing the location, size, height, materials, lighting methods,
colors and incorporated logos of all proposed corporate and retail signage within the
development.
3. Landscape Plan. A detailed plan showing all proposed landscape treatments including
planting locations and species for all planted areas; surfacing for hardscaped areas; fences,
wall and/or other screening devices; and proposed irrigation systems.
D. Adoptive Reuse And Renewal Plan. Applicant shall submit the following:
1. A building design plan that allows for and facilitates reuse of the building in the event the
building is abandoned or vacated.
2. A building renewal plan that provides for maximum opportunity for rehabilitation or
redevelopment of the structure in the event of abandonment, vacating of property, or
relocation by the original occupants. The plan shall include a maintenance plan for normal
repairs and upkeep of the main building, accessory buildings, "pad" buildings, parking lots
and hard surfaces, landscaping, and signage, including the elimination of "ghost" signage.
090 ADAPTIVE REUSE/RENEWAL
Large Scale Retail projects as defined in this Chapter herein shall be constructed in a manner that
includes specific elements for adaptation for multi -tenant re -use. Such elements may include, but are not
limited to, compartmentalized construction, including plumbing, electrical service, and HVAC.
Building design shall also allow for:
1. The interior subdivision of the structure into separate tenancies;
2. Facades that readily adapt to multiple entrances and adapt to entrances on all but one
side of the building;
3. Parking lot designs that are shared by establishments or are linked by safe and functional
pedestrian connections;
4. Landscaping designs that compliment the multiple entrance design; and
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5. Other elements of design which facilitate the multi -tenant re -use of the building and site.
100 ABANDONED BUILDING OR VACANCY SUPPLEMENTARY REGULATIONS
A. The City may determine that a building has been abandoned or vacated. For purposes of this
Chapter, an "abandoned" or `vacated" building shall be determined by meeting any of the following
criteria:
1. A declaration by the owner of the establishment of the intent to go out of business at that
location;
2. The cessation of business by the establishment at that location for a period of not less
than twelve consecutive (12) months.
B. The following requirements apply to any owner of property subject to this Chapter on which an
abandoned establishment exists:
1. Within ninety (90) days of the City's determination of abandonment
or vacancy, the owner of such property shall submit to the City an updated reuse plan that
addresses maintenance, active re -marketing, and/or reuse of the facility. The plan shall
comply with existing City Zoning Code in effect at the time of abandonment. Said plan
shall be subject to approval by the City Council.
2. If the owner fails or refuses to maintain the property during the period of time when the
establishment is abandoned or vacated, the City as allowed by the International Property
Maintenance Code and the International Building Code, may elect to perform, or contract for
the performance of, maintenance functions. The owner shall be liable to reimburse the City
for all such reasonable maintenance costs.
110 FINANCIAL ASSURANCES
A. An improvements guarantee, in the form of cash, a letter of credit, or commercial surety bond, in
a form acceptable to the City, shall be posted by the applicant as a condition precedent to the
commencement of construction. The improvements guarantee shall be in the amount of one hundred
fifty percent (150%) of the estimated construction costs for public improvements required for the Large
Scale Retail development, as verified by the City, including but not limited to: sewer pipelines and
improvements; storm water improvements; curbs, streets, sidewalks, and trail improvements; street
lighting and traffic control; and any other public improvements required as a condition for approval.
120 DEVELOPMENT AGREEMENT REQUIRED
Subsequent to all approvals by the Planning Commission, and as a condition precedent to the
commencement of construction, a development agreement between the applicant and the City must be
executed. The agreement shall be subject to review and approval by the City Council and must be
consistent with all prior approval conditions applicable to the application, including but not limited to:
A. Improvements Guarantees for all required public improvements and for adaptive reuse and
renewal;
B. All required dedications of utilities or right-of-way, utility easements, exactions, and impact fees;
C. Provisions regarding compliance with abandoned building and maintenance requirements; and cdi
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D. Any other terms and conditions as dictated by the attributes of the project, the Code or this
Chapter.
130 REVIEW PROCEDURES
A.. The procedures in this Chapter are in addition to procedures applicable to other land use decisions
under City Code which may be required of a particular large scale retail development (i.e. subdivision
approval, rezone, conditional use, etc.).
B. Prior to submitting an application, the applicant may schedule a pre -application meeting with City
staff to discuss the scope of the project, design questions, submittals, and any other details specific to
the project.
C. Upon submittal of an application City staff shall review same for completeness and request
review comments from affected entities in the vicinity of the project. Staff will promptly notify the
applicant when the application is deemed complete, or if there are deficiencies or supplemental
information necessary for review of the application.
D. The Planning Commission shall schedule a public hearing at which time the applicant, City staff,
and affected persons shall be permitted to offer evidence or information in support of or in opposition to
the application. Within thirty (30) days of the hearing, the Planning Commission shall refer the application
to City Council with a recommended of denial or approval and cite any specific conditions to mitigate
impacts from the development.
E. The City shall provide written notice describing the date, time, place, and purpose of any public
hearing under this Chapter to affected entities whose facilities may be impacted by the proposed
development. The notice shall be mailed not less than ten (10) days prior to the public hearing.
F. The City Council, upon receiving the recommendation from the Planning Commission, shall
schedule a public hearing at which time the applicant, City staff, and affected persons shall be permitted
to offer evidence or information in support of or in opposition to the application. Within thirty (30) days of
the hearing, the City Council shall make a decision on the application. The City Council may approve the
application, deny the application, or approve the application subject to specific conditions for approval. If
the application is denied the City Council shall state the reasons for denial.
G. Conditions Upon Approval. In reviewing any
application under this Chapter the City Council may consider offsetting improvements offered by the
applicant which are designed to mitigate any site specific impacts relating to the proposed development.
Alternately, the Council may condition its approval upon the applicant complying with conditions which
can mitigate site specific impacts relating to a proposed development or which implement the
requirements of this Chapter, applicable provisions of the Municipal Code, or other laws.
H. Variances. The Board of Adjustment may grant a variance to the standards of this Chapter when it
finds that the applicant has satisfied each of the following criteria :
1. Application of the standard would result in unreasonable hardship upon the applicant that
is not necessary to carry out the general purposes of this Chapter;
2. There are special circumstances attached to the subject property that do not generally
apply to other properties in the same zoning district;
3. The special exception will not be contrary to the General Plan or the public interest;
4. The special exception will satisfy the intent of the Code and this Chapter as well as or
better than strict compliance with the standard; and
5. Granting the exception would not result in greater negative impacts upon properties in the
vicinity of the applicant property.
Ordinance 2008-10 Page 13 of 14
Offsetting Improvements. In reviewing any variance request, the Board of Adjustment may
consider offsetting improvements offered by the applicant which mitigate any impact relating to the
proposed exception. Alternately, the Board of Adjustment may impose, as a condition for variance
approval, additional requirements upon the applicant that mitigate any harmful effects of the variance.
J. Use Variance Prohibited. The Board of Adjustment has no authority to grant a variance pursuant
to this Chapter allowing a use which is otherwise prohibited by the underlying zoning regulations
applicable to the project site.
K. Variance Procedure. A variance application shall be in writing and shall be filed with the Board of
Adjustment at any time prior to final action on the Application by the City Council. The applicant shall
have the burden of proof and the Board shall permit testimony from City staff and all other interested
persons. The decision of the Board shall be in writing.
L.. For purposes of this Chapter the City Council shall act as the Land Use Authority for Large Scale
Retail application approval.
140 APPEAL PROCEDURES
A. Any person, adversely affected by the final decision of the City Council or the Board of
Adjustment pursuant to this Chapter may appeal that decision to the Grand County District Court.
B. Exhaustion of all administrative remedies shall be a condition precedent to any person seeking
judicial review of any act or decision issued pursuant to this Chapter.
C. A judicial action seeking review of a decision by the City Council, the Board of Adjustment orii
asserting any legal claims arising from any act or omission related to this Chapter must be filed no later
than thirty (30) days from the date of the final decision or order that is the subject of the action or legal
claim. Any action commenced beyond that time shall be subject to summary dismissal.
D. Upon the commencement of a judicial appeal challenging any decision under this Chapter, the City
shall transmit to the District Court true and correct copies of all submittals, testimony, orders, and file
documents comprising the record pertaining to the application, including any transcript or tape recordings
of proceedings.
E. There shall be no judicial review of legal claims or points of error which are not first presented for
review or decision to the Land Use Authority or the Board of Adjustment, as applicable.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council this 25th :lay of March, 2008.
Rachel Ellison, Recorder
SIGNED: / 474
Kyle Bai ey ayor Pro-tem
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Ordinance 2008-10
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