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Home My Public Portal AboutPKT-CC-2020-06-23JUNE 23, 2020 REGULAR CITY COUNCIL MEETING 7:00 P.M. Per Executive Order 2020 -5 issued by Governor Gary R. Herbert on March 18, 2020, this meeting will be conducted electronically and may be viewed on the City'sYouTube channel . An anchor location will not be provided. Regular City Council Meeting - 7:00 p.m. Call to Order and Roll Call Attendance Approval of Minutes Minutes: May 29, 2020 Special Meeting min -cc -2020 -05 -29 draft.pdf Mayor and Council Reports Administrative Reports COVID -19 Budget Update MRAC Update Citizens to Be Heard To have your comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://forms.gle/lvcmtlb9rvi6kpnaa You must submit your comments by 7:00 pm on June 23, 2020. Please limit your comments to 400 words. Presentation Moab Police Department - Maintaining Standards Beyond Community Expectations police department presentation.pdf Old Business Proposed Ordinance 2020 -08: An Ordinance of the City Council of Moab Annexing the Lions Back Holdings, LLC, Property at 938 and 940 South Highway 191 to the City of Moab and Assigning the Zone of C -4 General Commercial to the Parcel Briefing and possible action agenda summary lbh annexation .pdf ordinance 2020 -08.pdf exhibit 2a lbh annexation petition.pdf exhibit 2b lbh annex map (1).pdf exhibit 3 lbh pre -annexation agreement.pdf exhibit 4 mmc chapter 1.32 code.pdf exhibit 5a c10 -2 -s401.5 annexation policy plan.pdf exhibit 5b c10 -2 -s402 annexation limitations.pdf exhibit 6 1.28.2020 cc minutes lbh preannexation.pdf exhibit 7 lbh zoning analysis.pdf exhibit 8a draft pc minutes 5.14.2020.pdf exhibit 8b planning resolution 04 -2020 lbh annexation.pdf Discussion of Walnut Lane Priorities Discussion example pdf of walnut lane prioritization sheet.pdf as - walnut lane prioritization.pdf New Business Discussion and Approval of Special Event Permit and Special Use of City Park for a Fourth of July Celebration Briefing and possible action agenda summary 4th of july special event.pdf special event application.pdf july4_overview.pdf july 4_detail.pdf utahs_low_risk_phase_flyer_english.pdf City Comments on the September 2020 BLM Oil and Gas Lease Sale Discussion and possible action 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. Documents: 3. 4. 4.1. 4.2. 5. 6. 6.1. Documents: 7. 7.1. Documents: 7.2. Documents: 8. 8.1. Documents: 8.2. 9. 10. JUNE 23, 2020REGULAR CITY COUNCIL MEETING 7:00 P.M.Per Executive Order 2020 -5 issued by Governor Gary R. Herbert on March 18, 2020, this meeting will be conducted electronically and may be viewed on the City'sYouTube channel .An anchor location will not be provided.Regular City Council Meeting - 7:00 p.m.Call to Order and Roll Call AttendanceApproval of MinutesMinutes: May 29, 2020 Special Meetingmin-cc -2020 -05 -29 draft.pdfMayor and Council ReportsAdministrative ReportsCOVID-19 Budget UpdateMRAC UpdateCitizens to Be Heard To have your comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://forms.gle/lvcmtlb9rvi6kpnaaYou must submit your comments by 7:00 pm on June 23, 2020. Please limit your comments to 400 words. Presentation Moab Police Department - Maintaining Standards Beyond Community Expectations police department presentation.pdf Old Business Proposed Ordinance 2020 -08: An Ordinance of the City Council of Moab Annexing the Lions Back Holdings, LLC, Property at 938 and 940 South Highway 191 to the City of Moab and Assigning the Zone of C -4 General Commercial to the Parcel Briefing and possible action agenda summary lbh annexation .pdf ordinance 2020 -08.pdf exhibit 2a lbh annexation petition.pdf exhibit 2b lbh annex map (1).pdf exhibit 3 lbh pre -annexation agreement.pdf exhibit 4 mmc chapter 1.32 code.pdf exhibit 5a c10 -2 -s401.5 annexation policy plan.pdf exhibit 5b c10 -2 -s402 annexation limitations.pdf exhibit 6 1.28.2020 cc minutes lbh preannexation.pdf exhibit 7 lbh zoning analysis.pdf exhibit 8a draft pc minutes 5.14.2020.pdf exhibit 8b planning resolution 04 -2020 lbh annexation.pdf Discussion of Walnut Lane Priorities Discussion example pdf of walnut lane prioritization sheet.pdf as - walnut lane prioritization.pdf New Business Discussion and Approval of Special Event Permit and Special Use of City Park for a Fourth of July Celebration Briefing and possible action agenda summary 4th of july special event.pdf special event application.pdf july4_overview.pdf july 4_detail.pdf utahs_low_risk_phase_flyer_english.pdf City Comments on the September 2020 BLM Oil and Gas Lease Sale Discussion and possible action 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.Documents:3.4.4.1.4.2.5.6.6.1. Documents: 7. 7.1. Documents: 7.2. Documents: 8. 8.1. Documents: 8.2. 9. 10. JUNE 23, 2020REGULAR CITY COUNCIL MEETING 7:00 P.M.Per Executive Order 2020 -5 issued by Governor Gary R. Herbert on March 18, 2020, this meeting will be conducted electronically and may be viewed on the City'sYouTube channel .An anchor location will not be provided.Regular City Council Meeting - 7:00 p.m.Call to Order and Roll Call AttendanceApproval of MinutesMinutes: May 29, 2020 Special Meetingmin-cc -2020 -05 -29 draft.pdfMayor and Council ReportsAdministrative ReportsCOVID-19 Budget UpdateMRAC UpdateCitizens to Be Heard To have your comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://forms.gle/lvcmtlb9rvi6kpnaaYou must submit your comments by 7:00 pm on June 23, 2020. Please limit your comments to 400 words. Presentation Moab Police Department - Maintaining Standards Beyond Community Expectations police department presentation.pdfOld BusinessProposed Ordinance 2020 -08: An Ordinance of the City Council of Moab Annexing the Lions Back Holdings, LLC, Property at 938 and 940 South Highway 191 to the City of Moab and Assigning the Zone of C -4 General Commercial to the ParcelBriefing and possible actionagenda summary lbh annexation .pdfordinance 2020 -08.pdfexhibit 2a lbh annexation petition.pdfexhibit 2b lbh annex map (1).pdfexhibit 3 lbh pre -annexation agreement.pdfexhibit 4 mmc chapter 1.32 code.pdfexhibit 5a c10 -2 -s401.5 annexation policy plan.pdfexhibit 5b c10 -2 -s402 annexation limitations.pdfexhibit 6 1.28.2020 cc minutes lbh preannexation.pdfexhibit 7 lbh zoning analysis.pdfexhibit 8a draft pc minutes 5.14.2020.pdfexhibit 8b planning resolution 04 -2020 lbh annexation.pdfDiscussion of Walnut Lane PrioritiesDiscussion example pdf of walnut lane prioritization sheet.pdfas - walnut lane prioritization.pdfNew BusinessDiscussion and Approval of Special Event Permit and Special Use of City Park for a Fourth of July CelebrationBriefing and possible actionagenda summary 4th of july special event.pdfspecial event application.pdfjuly4_overview.pdfjuly 4_detail.pdfutahs_low_risk_phase_flyer_english.pdfCity Comments on the September 2020 BLM Oil and Gas Lease SaleDiscussion and possible actionApproval of Bills Against the City of MoabAdjournmentSpecial 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.Documents:3.4.4.1.4.2.5.6.6.1.Documents:7.7.1.Documents:7.2.Documents:8.8.1.Documents:8.2.9.10. Page 1 of 3 May 29, 2020 MOAB CITY COUNCIL MINUTES SPECIAL JOINT GRAND COUNTY COUNCIL, MOAB CITY COUNCIL, AND CASTLE VALLEY TOWN COUNCIL MEETING May 29, 2020 The Moab City Council held a Joint Meeting with the Grand County Council and the Castle Valley Town Council on the above date. Per Executive Order 2020-5 issued by Governor Gary R. Herbert on March 18, 2020, this meeting was conducted electronically. An anchor location was not provided. An audio recording of the meeting is archived at http://www.utah.gov/p.mn/index.html. A video recording is archived at https://www.youtube.com/watch?v=V-Tl-qpZoiY Call to Order and Attendance: The Moab City Council attended a Special Joint Grand County Council and Castle Valley Town Council meeting on the above date. Grand County Council Chair McGann began the meeting at 10:03 AM. Participating remotely were Mayor Emily Niehaus and City Councilmembers Rani Derasary, Mike Duncan, Kalen Jones, Karen Guzman-Newton, and Tawny Knuteson-Boyd. Grand County Councilmembers participating remotely were Mary McGann, Curtis Wells, Greg Halliday, Evan Clapper, and Gabriel Woytek, and Jaylyn Hawks. Castle Valley Town Councilmembers participating remotely were Tory Hill, Robert O’Brian, Pamela Gibson, and Harry Holland. Participating remotely from the National Park Service was KC Cook Collins, acting National Park Service Superintendent for the Southeast Utah Group. City staff participating remotely were City Manager Joel Linares, Assistant City Manager Carly Castle, City Attorney Laurie Simonson, and City Recorder Sommar Johnson. Grand County staff participating remotely were County Clerk Quinn Hall, County Assistant Council Administrator Mallory Nassau, and County Attorney Christina Sloan. Council Member Disclosures: Grand County Councilmember Clapper disclosed that he has a commercial use permit with Arches and Canyonlands National Parks. Grand County Councilmember Wells disclosed owning an interest in nightly accommodations. Mayor Niehaus disclosed her husband sells artwork with CNHA. City Councilmember Guzman-Newton disclosed owning a nightly rental and a business on Main Street. Citizens to be Heard: There were no citizens to be heard. Presentations: Presentation on the phased reopening and visitor access strategies for Arches and Canyonlands National Parks (Kayci Cook, Acting Superintendent, National Park Service Southeast Utah Group): Kayci Cook-Collins presented about reopening strategies for Arches and Canyonlands National Parks during the COVID-19 pandemic. NPS is attempting to implement a temporary timed-entry approach at Arches National Park. National Parks were closed on 28 March due to the pandemic. During the first phase of reopening the roads, trails and restrooms are open and commercial tours are allowed to operate. Some public areas like the visitors’ center, etc. are still closed. Timed entry would allow more opportunity for visitor spacing and distance. Kayci noted visitation is increasing rapidly after the COVID-19 closure. Kayci described how a temporary timed entry system would allow Arches National Park and the NPS to adapt and allow visitation and public access while keeping the public and employees safe. Timed entry would slow and coordinate visitor entry throughout the day. NPS would only meter for entry – with no requirement for exiting the park. Cost of the timed entry system would be included in the entry fee – not added to it. This would be implemented as a temporary safety measure and revisited/reevaluated in the future. Visitors would be allowed to stay in the park as long as they like. Page 2 of 3 May 29, 2020 Entrance fees will be reinstated in the near future. Fees are suspended temporarily to limit public/employee interaction. The timed entry system will be temporary and reevaluated as the pandemic proceeds and public spaces reopen It will require a large public information strategy to inform potential visitors - Controlled access/timed entry would only be during the busiest hours This is specifically to address the COVID-19 pandemic and the effort is a stand-alone attempt to mitigate safety, not a trial of a larger timed entry plan Kayci noted that visitation levels for summer could potentially be higher this year as folks are anxious to get out and travel Commercial Use Authorization (CUA) holders would likely not be subject to timed entry regulations/restrictions Canyonlands National Park is not seeking a timed entry system at this time Yosemite is looking at a similar system based on visitor numbers instead of entry times CUA holders have provided mitigation plans to keep visitors and clients safe Visitor data collection surveys have been delayed, but will likely move forward as visitation resumes – later in the year Action Items – Discussion and consideration of Approving Grand County, the Town of Castle Valley, and Moab City’s joint letter of support for the National Park Service’s visitor access strategy for Arches and Canyonlands National Parks, including a phased reopening plan and temporary timed entry system for Arches NP (Christina Sloan, Grand County Attorney) Town of Castle Valley Motion and Vote: Bob O’Brien (Town of Castle Valley) moved to approve the joint letter of support for the National Park Service’s visitor access strategy for Arches and Canyonlands National Parks, including a phased reopening plan and temporary timed entry system for Arches National Park. Harry Holland seconded the motion. The motion passed 4-0 with members Holland, O’Brien, Gibson, and Hill voting aye in a roll call vote. Moab City Council Motion and Vote: Councilmember Derasary moved to approve the joint letter of support for the National Park Service’s visitor access strategy for Arches and Canyonlands National Parks, including a phased reopening plan and temporary timed entry system for Arches National Park. Councilmember Duncan seconded the motion. The motion passed 4-1 with Councilmembers Derasary, Knuteson-Boyd, Duncan, and Jones voting aye and Councilmember Guzman-Newton voting nay in a roll call vote. Grand County Council Motion and Vote: Greg Halliday (Grand County Council) moved to approve the joint letter of support for the National Park Service’s visitor access strategy for Arches and Canyonlands National Parks, including a phased reopening plan and temporary timed entry system for Arches National Park. Evan Clapper seconded the motion. The motion passed 5-1 with Greg Halliday, Gabriel Woytek, Evan Clapper, Jaylyn Hawks, and Mary McGann voting aye and Curtis Wells voting nay in a roll call vote. Discussion Items: There were no discussion items. Future considerations: There were no future considerations. Adjournment: Grand County Council Char McGann adjourned the meeting at 11:16 am. Page 3 of 3 May 29, 2020 APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder MOAB CITY POLICE DEPARTMENT Maintaining Standards Beyond Community Expectations WHAT IS 8 CAN’T WAIT? -Eight point political action campaign to reform policing in the United States -Inexpensive and can be implemented quickly -Ultimate goal is to reduce police violence BAN CHOKEHOLDS AND STRANGLEHOLDS -Utah POST does not teach this technique -Moab City PD does not train in or utilize this technique -Officers may improvise response to rapidly unfolding conditions -👍 COMPLIANT REQUIRE DE-ESCALATION -Exisiting MCPD policy recommends de-escalation whenever possible -Provides recommended strategies for de-escalation -MCPD officers proficient in de-escalation, as demonstrated in several recent incidents -Training scheduled for spring 2020 cancelled -Rescheduling for fall 2020 -👍 COMPLIANT REQUIRE WARNING BEFORE SHOOTING -Existing MCPD use of force policy states: “Under such circumstances, a verbal warning should precede the use of deadly force, where feasible.” -👍 COMPLIANT EXHAUST ALL OTHER MEANS BEFORE SHOOTING -Existing MCPD use of force policy states: “Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.” -👍 COMPLIANT THE DUTY TO INTERVENE -Existing MCPD use of force policy states: “Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor.” -👍 COMPLIANT BAN SHOOTING AT MOVING VEHICLES -Existing MCPD use of force policy states: “Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicles instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicles or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.” -👍 COMPLIANT REQUIRE USE OF FORCE CONTINUUM -Use of force continuum is outdated concept no longer employed by most LE agencies -Replaced with a decision wheel -8 Can’t Wait defines this as “restricting most severe types of force to the most extreme situations” and “creating clear policy restrictions on the use of each police weapon/tactic.” -Existing MCPD use of force policy states: “Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.” -👍 COMPLIANT REQUIRE COMPREHENSIVE REPORTING -8 Can’t Wait recommends requiring officers to report each use of force or threatened use of force, i.e. pointing a gun at a citizen -Existing MCPD use of force policy states: “Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances.” -Implementing annual use of force analysis report -👍 COMPLIANT WHAT WE’VE ALREADY DONE -Implicit bias training in 2016 -LGBTQ+ awareness training in 2018 and 2019 -Mandatory annual discrimination and harassment training -Robust body camera program w/ monthly supervisor review of two randomly chosen videos -Partnerships with local community organizations, i.e. Seekhaven and Moab Valley Multicultural Center -Participate in and host multiple community events each year -Comprehensive citizen complaint system including multiple methods for filing complaint and detailed tracking system -Regular review of all policies, including use of force WE CAN AND WILL DO MORE -De-escalation training scheduled for spring 2020 cancelled due to COVID/rescheduled for fall -Implicit bias and de-escalation training mandatory annually for all police and code enforcement officers -Continue regular review of all policies, including use of force, and implement community member policy review panel -Utilize scenario-based training to develop use of force “shoot/no-shoot” scenarios -Continue to engage with community members at events throughout the year -Maintain current relationships with community organizations and seek opportunities for new relationships -Maintain strict hiring practices to ensure employment of high-quality employees QUESTIONS? 1 Moab City Council Agenda Item Meeting Date: June 23, 2020 Title: Ordinance #2020-08: AN ORDINANCE OF THE CITY COUNCIL OF MOAB ANNEXING THE LIONS BACK HOLDINGS, LLC, PROPERTY LOCATED AT 938 AND 940 SOUTH HIGHWAY 191 TO THE CITY OF MOAB AND ASSIGNING THE ZONE OF C-4 GENERAL COMMERCIAL TO THE PARCEL. Disposition: Discussion and possible approval of the LHB Annexation Staff Presenter: Nora Shepard, AICP. Planning Director Attachment(s): Exhibit 1: Proposed City Council Ordinance #2020-08 Exhibit 2: Annexation Petition and Map Exhibit 3: Pre-Annexation Agreement Exhibit 4: Moab Municipal Code (MMC) Section 1.32 Exhibit 5: Utah State Code Sections C10-2-S401.5 Annexation Policy Plan and C10-2-5402 Annexation Limitations Exhibit 6: Minutes of January 28, 2020 City Council meeting relating to the pre - annexation agreement approval. Exhibit 7: Zoning Analysis for LBH Properties Exhibit 8: Planning Commission Resolution 04-2020 and Draft minutes from the Planning Commission meeting of 5.14.2020 Recommended Motion: I move to approve Ordinance #2020-08: An ordinance of the City Council of Moab annexing the Lions Back Holdings, LLC Property located at 938 and 940 South Highway 191 (Main Street) to the City of Moab and assigning the zone of C-4 General Commercial to the parcel. Summary of Request: On February 5, 2020, the City received an Annexation Petition from Lions Back Holdings (LBH) LLC for property located just south of the City, at 938 and 940 So. Main Street. See Exhibit 2 for the Annexation Petition and Annexation Plat. The property is 3.21 acres and is currently in Grand County and is zoned General Business and is identified as a potential area to apply for the “OAO Hotel/Motel.” The property is configured so that it is, in effect, a flag lot with most of the development parcel being set back about 200 feet from the highway. The City and the LBH entered into a pre-annexation agreement (Exhibit 3) that specifies that, if the parcel is annexed, it will be zoned C-4 General Commercial. The agreement 2 further restricts the property to the development of a lodging use, with specific development standards that are generally consistent, or exceed, the development standards the City has drafted to allow new Overnight Accommodations. An annexation is a discretionary action by the City Council. As a part of any annexation, the property owner and the City may enter into an Annexation Agreement, or Pre-Annexation agreement that allows for specific development standards or terms of development. Annexation Process Annexation Policy Plan Annexation is a process that is defined by Utah State Law, and further defined by local “Annexation Policy Plans.” Moab’s Annexation Policy Plan is described in Moab Municipal Code (MMC) § 1.32.030 Annexation Policy Plan (Exhibit 4). Before properties can be annexed into the City, there must be an Annexation Policy Plan. According to our code: “Municipalities in Utah are created to provide urban governmental services essential for sound urban development and for the protection of public health and welfare …” The Policy Plan sets forth standards and criteria guiding the annexation of additional property into City limits as the community grows. The local policy plan is required to be consistent with Utah State Law (See Exhibit 5). The Moab Annexation Policy Plan and Map was prepared in consultation with Grand County. Annexation Process Since the City has an adopted Annexation Policy Plan, petitions for Annexation can be considered. State Law sets forth a specific process for review of Annexation Petitions. Briefly, the process is as follows: 1.Property Owner submits a petition to annex to the City. 2.The City Recorder places the petition on a City Council for a determination as to whether the City Council will entertain the petition. 3.Once the City Council agrees to accept the petition for review, the City Recorder is required to review the petition for completeness and compliance with applicable law. If the petition complies, the City Recorder shall certify the petition and provide notice to the City Council. 4.Within 10 days of receipt of the certification, notification of the proposed annexation shall be published in a newspaper of general circulation for 3 consecutive weeks. 5.Within 20 days of receipt of the certification, notification of affected entities, including service providers, the County, and others as specified in MMC 1.32.030 is required. 6.The Planning Commission may review the request according to the policy plan for a recommendation with respect to the appropriate zoning. 7.There is a protest period of 30 days from the date of certification. If there is a protest, there are specific procedures set forth that may include formation and 3 review by a Boundary Commission. If there is no protest filed, the City Council may approve the annexation at a public hearing. The LBH petition was certified on March 25, 2020. The 30-day protest period has passed and no protests have been filed. For this application, the City and LBH have negotiated a pre-annexation agreement, that sets forth specific standards for development for this property (Exhibit 3). The pre-annexation does not approve the annexation, but rather sets forth the terms of the annexation, should the City Council choose to annex. The minutes of the portion of the City Council meeting on January 28, 2020 are attached as Exhibit 6. Planning Commission’s Role As previously discussed, the role of the Planning Commission is to: “MMC 1.30.020 Annexation Procedure Section B Upon certification by the City Recorder the petition or application may be submitted to the Planning Commission for analysis and review according to the annexation policy plan and for recommendations with respect to the appropriate zoni ng.” The Planning Commission reviewed the annexation and forwarded a positive recommendation to the City Council by the approval of Planning Commission Resolution 04-2020. A copy of that resolution and draft minutes are attached as Exhibit 8. Zoning and Annexation Criteria Analysis General Plan Consistency The Moab General Plan shows this parcel as “future commercial.” This annexation request is consistent with the General Plan. Zoning The property is in Grand County and is Zoned RR Rural Residential and GB General Business. The Zoning proposed and requested is C-4 General Commercial. The adjacent properties are in the City Limits and are zoned C-4 General Commercial. There is some R-2 Single and Two Household Dwellings that is kitty corner with the parcel. Exhibit 7 provides a zoning analysis for your information. Annexation Policy Plan Criteria MMC §1.32.030 C lists the criteria that must be met for City acceptance of an annexation as follows (with commentary added): 1.The City endorses the intent of the Utah Annexation Act, U.C.A. 10-2-401, et seq., as amended. Criteria for annexation of property to the City are as follows: 4 a.The property must be contiguous to the boundaries of the City. The property is contiguous with the City boundaries. b.The property must lie within the area projected for the City municipal expansion. The property is withing the area projected for municipal expansion. c.The property must not be included within the boundaries of another incorporated municipality. The property is not included within the boundaries of another incorporated municipality. d.The annexation must not create unincorporated islands within the boundaries of the City. This annexation will actually reduce the size of an unincorporated peninsula. e.The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of any other municipality to annex into the same or related area. This finding is most appropriately made by the City Council. City Council Action: As discussed, the Planning Commission reviewed the proposed annexation and forwarded a positive recommendation to the City Council. The City Council may: Option 1: Approve the Annexation by approving Ordinance #2020-08, which includes reference to the approved pre-annexation agreement conditions, with or without additional conditions and based on the findings listed below. Option 2: Continue Action and direct staff to provide additional information necessary to make a decision. Option 3: Deny Ordinance #2020-08 thereby not approving the annexation. This option requires that findings be made that support the denial based on the criteria set forth in local and state law as follows: Annexation Policy Plan Criteria MMC §1.32.030 C lists the criteria that must be met for city acceptance of an annexation as follows: 1.The City endorses the intent of the Utah Annexation Act, U.C.A. 10-2-401, et seq., as amended. Criteria for annexation of property to the City are as follows: a.The property must be contiguous to the boundaries of the City. b.The property must lie within the area projected for the City municipal expansion. c.The property must not be included within the boundaries of another incorporated municipality. d.The annexation must not create unincorporated islands within the boundaries of the City. e.The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of any other municipality to annex into the same or related area. 5 2. The City will evaluate the following for each annexation: a. Compliance with all requirements of appropriate state code provisions. b. The current and potential population of the area, and the current residential densities. c. Land uses proposed in addition to those presently existing. d. The assessed valuation of the current properties or proposed uses. e. The potential demand for various municipal services, especially those requiring capital improvements. f. Recommendations of other local government jurisdictions regarding the proposal and potential impact of the annexation. g. How the proposed area, and/or its potential land uses would contribute to the achievement of the goals and policies of the City. h. Identification of any special districts or county departments that are currently providing services. If the proposed area is receiving services that are to be assumed by the City, a statement should be included indicating that steps can be taken to assure an effective transition in the delivery of services. A timetable for extending services should be included if the City is unable to provide services immediately. If the proposed area is receiving services that are not going to be assumed by the City a statement to that effect will be included in the annexation agreement. i. If an application for annexation includes a specific proposal for urban development, an understanding as to the provision of improvements should be concluded between the City and the applicant. j. New annexations should create areas in which services can be provided efficiently. The annexation should not create geographically isolated areas, areas for which the provision of services would be costly or difficult, or an area in which surface water runoff would create multi-jurisdictional problems. k. The tax consequences for affected entities should be addressed. 1 CITY OF MOAB ORDINANCE #2020-08 AN ORDINANCE OF THE CITY COUNCIL OF MOAB ANNEXING THE LIONS BACK HOLDINGS, LLC, PROPERTY AT 938 AND 940 SOUTH HIGHWAY 191 TO THE CITY OF MOAB AND ASSIGNING THE ZONE OF C-4 GENERAL COMMERCIAL TO THE PARCEL The following findings describe the intent and purpose of this ordinance: a.The Moab governing body received a petition for annexation of certain property approximately 3.12 acre in size as described in Exhibit “1” hereto; and, b.The property has been proposed for development with overnight accommodations, an allowed use in the requested zoning designation, at the time of application; and, c.The City Council reviewed and approved a pre-annexation agreement in a regularly scheduled meeting held on January 28, 2020, setting forth minimum project development standards in Section 3.2 of the pre-annexation agreement; and, d.The Moab Planning Commission reviewed the application in a public meeting held on May14, 2020, to review the annexation and the requested zoning for C4 (General Commercial) Zone and found that the zone is acceptable for the types of uses proposed for the area; and e.The Moab Planning Commission recommended that the City Council add an additional condition of approval as follows: the developer shall comply with future C-4 overnight accommodations regulations if they are finalized prior to site plan approval; and f.As required by law, the City Council must consider comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application; and g.The City Council has determined that the property meets the requirements of the City's annexation policy plan; and h.The City Council has determined that the property meets the annexation requirements of Utah State Code; and i.The City Council endorses the intent of the Utah Annexation Act, U.C.A. 10-20401, et. seq., as amended, and finds this annexation meets the criteria for acceptance. Criteria and findings for annexation of property to the City are as follows: 1.The property must be contiguous to the boundaries of the City. The property is contiguous with City boundaries. 2.The property must lie within the area projected for the City municipal expansion. The property is contiguous with the City boundaries. 3.The property must not be included within the boundaries of another incorporated municipality. The property is not incorporated within the boundaries of another municipality. 4.The annexation must not create unincorporated islands within the boundaries of the City. The annexation does not create unincorporated islands within the boundaries of the City. 5.The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of any other municipality to 2 annex into the same or related area. j.The governing body has held the appropriate public hearings and given the appropriate public notice and received public input. k.Therefore, be it ordained by the governing body of the City of Moab that: The property known as the Lions Back Holdings, LLC, Annexation, as described in “Exhibit 1” and illustrated on the attached plat, “Exhibit 2”, and located at 938 and 940 South Main Street, is hereby annexed into the City of Moab and the zoning designation, upon recommendation from the Planning Commission for said annexation, shall be C4 Zone. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. PASSED AND APPROVED this 23rd day of June, 2020, by a majority of the City of Moab City Council. SIGNED: Emily S. Niehaus, Mayor Date ATTEST: Sommar Johnson, Recorder 3 “Exhibit 1” Parcel 1: A PARCEL OF LAND IN THE SE1/4NE1/4 SECTION 12, T26S, R21E SLM, GRAND COUNTY, UTAH, MORE PARITCULARLY DESCRIBED AS FOLLOWS: Beginning at a chain link fence corner post, said post bears North 17o 48' West 3035. 8 feet from the Southeast corner Section 12, T26S, R21 E, SLM, and proceeding thence with a chain link fence South 44o 31' West 367.0 feet to a chain link fence corner post, thence with a chain link fence North 55o49' West 31.0 feet; thence North 45o14' East 377.7 feet to a chain link fence; thence with said chain link fence South 45o45' East 24.3 feet to the point of beginning. (Parcel No. 02- 0012-0037) Parcel 2: ALSO A DESCRIPTION OF A PARCEL OF LAND IN THE EAST½ SECITON 12, T26S, R21 E, SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a point which bears North 0o05' East 83.0 feet from the Center East 1 /16 of Section 12, T26S, R21E, SLM, and proceeding thence with the 1/16 line North 0o05' East 294.5 feet; thence North 48o33' East 216.6 feet; thence South 44o14’ East 298.9 feet; thence South 45o14' West 365.9 feet; thence North 73o05' West 116.2 feet to the point of beginning. (Parcel of 02-0012-0037) DESCRIPTION OF A PARCEL OF LAND IN THE SE1/4NE1/4, SECTION 12, T26S, R21 E, SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Northeast comer of the Heath Property, said corner by record bears North 3048.3 feet and West 790. feet from the Southeast corner of Section 12, Township 26 South, Range 21 East, SLM, and proceeding thence South 47o45' West 208.73 feet to the Southeast corner of the Heath property; thence with the Southwest fine of Heath North 44o14’ West 100.0 feet; thence North 47o45' East 205.4 feet to the Southwesterly Right of Way of U.S. Highway 191; thence with said Right of Way along a 4971.2 foot radius curve to the left 100.0 feet to the point of beginning. (Parcel No. 02-0012-0011) City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 Petition date: CITY OF. MAT NMI Cfi'Y Or MOM FEB 2020 __2(212":„. -Q -<---R PETITION FOR ANNEXATION January 29, 2020 Petition Description (Approximate Address): 938 & 940 S Main Contact Sponsor Name: Paul W. Jones for Lions Back Holdings, LLC Contact Sponsor Mailing Address: 4766 S Holladay Blvd, Salt Lake City, UT 84117 Contact Sponsor Phone Number: 801-930-5101 We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name Mailing Address Jeremy C. Pope, PO Box 1415, Midway, Utah 84049 2' Aaron Mueller, PO Box 150072, Ogden, UT 84415 3. Paul W. Jones, 4766 S. Holladay Blvd, Salt Lake City, Utah 84117 4. Signature 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City — Annexation Petition The territory referred toss erein is comprised of the following described real property in Grand County, State of Utah, to wit: Please attach a legal description of the proposed annexation and an accurate recordable map prepared by a licensed surveyor of the area proposed for annexation. Those properties described and set forth upon the attached pages! through �! , which pages are incorporated by reference and expressly made a part of this petition. List of Annexation Petition Attachments: X Individual Legal descriptions for each property proposed for annexation; or A legal description that is inclusive of all properties proposed for annexation; An accurate, recordable map prepared by a licensed surveyor of the area(s) proposed for annexation; Please return this form with attachments to the Moab City Offices with an annexation petition fee of $600.00 - as per Moab Municipal Ordinance #2019-24. Please contact the City Recorder's Office at (435) 259-5121 if you have any questions regarding this form or this process. UCA 10-2-403(7) - On the date of filing, the petition sponsors shall deliver or mail a copy of the petition to the clerk of the county in which the area proposed for annexation is located. Moab City — Annexation Petition LEGAL DESCRIPTIONS Grand County, Utah (APNs 02-0012-0037 and 02-0012-0011): Parcel 1: A PARCEL OF LAND IN THE SE1/4NE1/4 SECTION 12, T26S, R21E SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a chain link fence corner post, said post bears North 17°48' West 3035.8 feet from the Southeast corner Section 12, T26S, R21E, SLM, and proceeding thence with a chain link fence South 44° 31' West 367.0 feet to a chain link fence corner post, thence with a chain link fence North 65°49' West 31.0 feet, thence North 45°14' East 377.7 feet to a chain link fence; thence with said chain link fence South 45°45' East 24.3 feet to the point of beginning. (Parcel No. 02-0012-0037) Parcel 2: ALSO A DESCRIPTION OF A PARCEL OF LAND IN THE EAST Y2 SECTION 12, T26S, R21E, SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a point which bears North 0°05' East 83.0 feet from the Center East 1/16 of Section 12, T26S, R21E, SLM, and proceeding thence with the 1/16 line North 0°05' East 294.5 feet,• thence North 48°33' East 216.6 feet; thence South 44°14' East 298.9 feet, thence South 45°14' West 365.9 feet, thence North 73°05' West 116.2 feet to the point of beginning. (Parcel of 02- 0012-0037) EXCEPTING therefrom all oil, gas and minerals. Parcel 3: TOGETHER WITH an access easement described as follows: Beginning at a point which bears North 3048.3 feet, thence West 790.9 feet from the Southeast Corner Section 12, T26S, R21E, SLM, and proceeding thence South 47°45' West 208.73 feet, thence North 44° 14' West 8.71 feet; thence North 47°45' East 208.5 feet, thence with the Highway R -0-W Southeast 8.71 feet to the point of beginning. Parcel 4: ALSO TOGETHER WITH an access and utility easement in the NE1/4 Section 12, T26S, R21E, SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a point which bears North 3048.3 feet thence West 790.9 feet from the Southeast Corner Section 12, T26S, R21E, SLM, and proceeding thence South 47°45' West 208.73 feet, • thence South 44° 14' East 11.29 feet; thence North 47°45' East 209.3 feet to the West Right -of - Way of U.S. Highway 191; thence Northwest with said Right -of -Way, along the arc of a curve 11.29 feet to the point of beginning. Parcel 5: DESCRIPTION OFA PARCEL OF LAND IN THE SE1!4NE1/4, SECTION 12, T26S, R21E, SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Northeast comer of the Heath Property, said comer by record bears North 3048.3 feet and West 790. feet from the Southeast comer of Section 12, Township 26 South, Range 21 East, SLM, and proceeding thence South 4 7° 45' West 208. 73 feet to the Southeast comer of the Heath property; thence with the Southwest line of Heath North 44°14' West 100.0 feet; thence North 47°45' East 205.4 feet to the Southwesterly Right of Way of U.S. Highway 191; thence with said Right of Way along a 4971.2 foot radius curve to the left 100.0 feet to the point of beginning. (Parcel No. 02-0012-0011) EXCEPTING therefrom all oil and gas. ii TTF INC PARCEL # 02-012-0011 CURRENT MOAB CITY BOUNDARY VOA3 L3H VOA 3 CITY, G A\\EXATO /6\\D COU / / EASTERN UTAH COMMUNITY FCU / PARCEL # 02-012-0010 p�0°O M & D ENGLEMAN LTD SQ 4L4 2i0 PARCEL # 02-012-0034 V. / 'P ft CP fig, +/ rl'b OO Otc��v' X9,0 4:Z9.- / FOUND REBAR & CAP LIONS BACK HOLDINGS LLC PARCEL # 02-012-0037 115,666 Sq. Ft. 2.66 Acres Al 73°05'00,,147 3°05'00w FouND REBAR 116.2p, & CAP GRAPHIC SCALE 60 0 30 60 N 45°14'00" E 11.80' (' N 65°49'00" W 31.00' 120 1" (INCH) = 60' (FEET) ° b<<° POB VAP TY, UTAH / 1,9 LIONS BACK HOLDINGS LLC PARCEL # 02-012-0011 20,677 Sq. Ft. 0.47 Acres \ ° S 45°45'00" E 24.30' HOLYOAK FAMILY TRUST PARCEL # 02-012-0012 orb N \ \ STANDARD LEGEND PROP. CORNER FOUND 0 PROP. CORNER SET SECTION MONUMENT MOAB CITY BOUNDARY APPROVED BY MOAB CITY MAYOR APPROVED CITY RECORDER APPROVED ti r5 A=100.17' R=4971.20' CB=S 46°08'14" E CL=100.17' HOLYOAK FAMILY TRUST PARCEL # 02-012-0012 N 00°00'26" E 2606.3' \ BASIS OF BEARING EAST QUARTER CORNER SECTION 12, T26S, R21E, SLB&M SOUTH EAST CORNER SECTION 12, T26S, R21E, SLB&M Surveyor's Certificate I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that I hold license no. 7540504. I further certify that a land survey was made of the property described below, and the findings of that survey are as shown hereon. ANNEXATION DESCRIPTION A parcel of land located within the Northeast Quarter of Section 12, Township 26 South, Range 21 East, Salt Lake Base and Meridian, being more particularly described as: Beginning at a point on the Westerly boundary of the Holyoak Family Trust parcel, said point being North 18°00'49" West 3057.33 feet from the Southeast corner of Section 12, Township 26 south, Range 21 East, Salt Lake Base and meridian, and proceeding with said parcel thence South 45°45'00" East 24.30 feet; thence South 44°31'00" West 366.95 feet; thence North 65°49'00" West 31.00 feet; thence North 45°14'00" East 11.80 feet; thence North 73°05'00" West 116.18 feet to a point on the east line of the SW1/4NE1/4 of said Section 12, said point also being the current Moab City boundary line; thence with said boundary lines North 00°05'00" East 294.46 feet; thence North 48°33'00" East 216.57 feet; thence South 44°14'00" East 198.87 feet; thence North 47°45'00" East 205.37 feet to a point on the southerly right-of-way of Highway 191; thence with said right-of-way with a curve having a radius of 4970.48 feet, to the left with an arc length of 100.16 feet, (a chord bearing of South 46°08'14" East 100.16 feet); thence South 47°45'00" West 208.70 feet to the point of beginning, having an area of 3.13 acres, more or less. Lucas Blake License No. 7540504 COUNTY SURVEYOR APPROVAL: APPROVED THIS DAY OF 2020 A.D. BY COUNTY SURVEYOR COUNTY RECORDER NO. STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF DATE BOOK PAGE FEE COUNTY RECORDER LOCATED IN THE NORTHEAST QUARTER OF SECTION 12 TOWNSHIP 26 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN ANNEXATION MAP 938 & 940 S MAIN ST. MOAB, UT 84532 RED DESE Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 061-20 Date 4/2/20 Sheet 1 OF 1 WHEN RECORDED RETURN TO: City of Moab Attn: City Recorder 217 E Center Street Moab, UT 84532 PRE-ANNEXATION AGREEMENT FOR THE LBH PROPERTIES THIS PRE-ANNEXATION AGREEMENT (“Pre-Annexation Agreement”) is entered into this ___ day of November, 2019, by and among LIONS BACK HOLDINGS, LLC (“Property Owner”) and the CITY OF MOAB, a municipality and political subdivision of the State of Utah (the “City”). Property Owner and the City are hereinafter sometimes referred to individually as a “Party” or collectively as the “Parties.” RECITALS A.Property Owner is the Owner of approximately 3.12 acres of real property that is currently located in Grand County and in not located in the City at approximately 938 and 940 South Main, Moab, Utah 84532 as more fully described in Exhibit A which is attached hereto and incorporated by this reference (the “LBH Properties”). B.The LBH Properties current zoning designation in Grand County is “General Business” in the Grand County Land Use Code 2.9.2 and is identified at 4.6.3 as an approved - OAO Districts as a “OAO_Hotel/Motel” on the official Grand County Zoning Map, which makes it clear that a “hotel or motel” is a use that is “permitted by right”. C.The parties have been in discussions regarding the LBH Properties annexing into the City. D.It is the intent of this Pre-Annexation Agreement to provide a clear understanding of the zoning for the use and future development of the LBH Properties in accordance City of Moab Ordinance #2019-18 and to be in compliance with the provisions of the Moab Municipal Code and other applicable land use regulations (collectively “Land Use Regulations”). E.The City, acting pursuant to its authority under Section 10-9a-101, et seq. has made certain determinations with respect to the LBH Properties, and in the exercise of its legislative discretion, has elected to approve this Pre-Annexation Agreement after all necessary public hearings and procedures have been conducted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 2 1.Incorporation of Recitals. The Recitals and Exhibits are hereby incorporated by reference as part of this Pre-Annexation Agreement with annexation into the boundaries of the City within two (2) years of the execution of this agreement. 2.Zoning Upon Annexation. It is agreed that upon the issuance of a Certificate of Annexation by Lieutenant Governor that the LBH Properties will be placed in the “C-4 General Commercial Zone” and for the purposes of the City of Moab Ordinance #2019-18 the LBH Properties shall be meet the definition of “Overnight Accommodations, Established” and shall be recognized that Overnight Accommodations are an existing legal use and shall be identified on the Established Overnight Accommodations Map as such. 3.Section 4 of Ordinance 2019-18 Agreement. 3.1.Goals of the Ordinance. Section 4 of City of Moab Ordinance #2019-18 makes it clear that the City is engaging in drafting and eventually adopting performance standards for new overnight accommodations. Those performance standards are concern desirable density and aesthetic criteria, landscaping, energy efficiency, buffering, the mixing of office, retail, and residential uses, water carrying capacity, existing infrastructure capacity, contribution to cumulative traffic, connectivity/contribution to non-motorized/micro vehicle transportation network, height and viewshed with future overnight accommodations development. 3.2.Project Standards. The parties understand and agree that mutually satisfactory performance standards consistent with the following goals are desirable for the hotel project: Project Standard Category Standard Energy The project will utilize as much on-site renewable energy sources (such as solar) as is feasible, and the balance of electric use provided via RECs or renewable power purchase agreements. The project will employ a hotel-wide energy management system for all guest rooms. The project will utilize high performance exterior envelope methods. The thermal envelope will meet or exceed federally approved energy modeling software standards. Electric motor vehicle charging stations will be made available. The project will employ daylighting for common areas and public spaces. Water The project will install a rainwater catchment system and use the water for beneficial on-site uses, such as reducing the use of culinary water for landscaping irrigation. The project will have a maximum of 10% of their landscaped area covered in turf grass. The project will utilize water-wise and xeriscape landscaping design standards. The project will utilize bio-retention and bio- infiltration systems to manage storm water runoff. The project will utilize dual flush toilets to reduce water usage. Transportation The project will provide bicycle storage and a maintenance area. The project will provide free metro bike usage. A shuttle will be available. 3 Building Design Subject to final approval, the project’s façade facing the roadway will utilize a minimum of 5 ft shift in vertical and horizontal façade for each 30 linear feet. The building design will 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: (i) the proportion of recesses and projections; (ii) the location of the entrance and window placement, unless storefronts are utilized; and (iii) roof type, plane, or material, unless otherwise agreed by the Parties. Blank wall limitations will be considered for all facades facing the primary street. No rectangular area greater than 30% of a story’s facade, as measured from floor to floor will be windowless, and no horizontal segment of a story’s facade greater than 15 feet in width will be windowless, unless otherwise agreed to by the Parties. Air conditioning units and similar mechanical equipment will be avoided on rooftop locations, and fully screened from view when unavoidable. Materials and Colors Interior materials will not be used if they are found on the RED list (livingfuture.org). As to color, the project will utilize earthtone colors that are complementary to the surrounding landscape and visual backdrops. Plastic or vinyl awnings will not be used. Awning types and colors for each building face will be coordinated. If installed, shutters, whether functional or not, will be sized for the windows. If closed, the shutters will not be too small for complete coverage of the window. Interior Lighting Interior lighting located in rooms with windows visible from any property line boundary shall have their fixtures directed to the interior of the room as to minimize light pollution. Dark Skies Exterior lighting shall be in compliance with the City of Moab Dark Skies requirements as passed in Ordinance 2019-03 on August 13, 2019. Workforce Housing Property owner shall comply with the City of Moab Assured Workforce Housing requirements in Ordinance 2018-20 on November 13, 2018. 4.Vested Rights. 4.1. Vested Rights. Property Owner shall have the vested right to develop the LBH Properties as a hotel project in the “C-4 General Commercial Zone” as an approved “Overnight Accommodations, Established” with the effect of the LBH Properties appearing as though they were included on Exhibit A of City of Moab Ordinance #2019-18 (the Established Overnight Accommodations Map), in accordance with and subject to compliance with the terms and conditions of the City’s Land Use Regulations then in effect. 4.2.Reserved Legislative Powers. The Parties acknowledge that the City is restricted in its authority to limit its police power by contract and that the limitations, 4 reservations and exceptions set forth herein are intended to reserve to the City those police powers that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights of the Property Owner under the terms of this Pre-Annexation Agreement based upon the policies, facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah. Any such proposed legislative changes affecting the vested rights of the Property Owner under this Pre-Annexation Agreement shall be of general application to all development activity in the City; and, unless the City declares an emergency, Property Owner shall be entitled to prior written notice and an opportunity to be heard with respect to any proposed change and its applicability to the LBH Properties under the compelling, countervailing public interest exception to the vested rights doctrine. 5.Successors and Assigns. 5.1.Binding Effect. This Pre-Annexation Agreement shall be binding upon all successors and assigns of Property Owner in the ownership or development of any portion of the LBH Properties. 5.2.Assignment. Neither this Pre-Annexation Agreement nor any of its provisions, terms or conditions may be assigned to any other party, individual or entity without assigning the rights as well as the responsibilities under this Pre-Annexation Agreement and without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Any such request for assignment may be made by letter addressed to the City as provided herein and the prior written consent of the City may also be evidenced by letter from the City to Property Owner or their successors or assigns. Any such assignment shall require the assignee to sign a form of acknowledgement and consent agreeing to be bound by the terms of this Pre-Annexation Agreement. 6.Default. 6.1.Notice. If Property Owner or the City fail to perform their respective obligations hereunder or to comply with the terms hereof, the party believing that a default has occurred shall provide notice to the other party as provided herein. If the City believes that the default has been committed by Property Owner, then the City shall also provide a courtesy copy of the notice to Property Owner. 6.2.Contents of the Notice of Default. The Notice of Default shall: 6.2.1.Claim of Default. Specify the claimed event of default; 6.2.2.Identification of Provisions. Identify with particularity the provisions of any applicable law, rule, regulation or provision of this Agreement that is claimed to be in default; 6.2.3.Specify OMateriality. Identify why the default is claimed to be material. 5 6.3.Meet and Confer. Upon the issuance of a Notice of Default, the Parties shall meet within ten (10) business days and confer in an attempt to resolve the issues that are the subject matter of the Notice of Default. 6.4.Remedies. If, after meeting and conferring, the Parties are not able to resolve the default, then the Parties may have the following remedies: 6.4.1.Legal Remedies. The rights and remedies available at law and in equity, including, but not limited to injunctive relief, specific performance and termination, but not including damages or attorney’s fees. 6.4.2.Enforcement of Security. The right to draw on any security posted or provided in connection with the development of the LBH Properties and relating to remedying of the particular default. 6.4.3.Withholding Further Development Approvals. The right to withhold all further reviews, approvals, licenses, building permits and/or other permits for development of the LBH Properties on those properties owned by the defaulting party. 6.5.Extended Cure Period. If any default cannot be reasonably cured within sixty (60) days then such cure period may be extended as needed, by agreement of the Parties for good cause shown, so long as the defaulting party is pursuing a cure with reasonable diligence. 6.6.Cumulative Rights. The rights and remedies set forth herein shall be cumulative. 6.7.Force Majeure. All time period imposed or permitted pursuant to this Agreement shall automatically be extended and tolled for: (a) period of any and all moratoria imposed by the City or other governmental authorities in any respect that materially affects the development of the LBH Properties; or (b) by events reasonably beyond the control of Property Owner including, without limitation, inclement weather, war, strikes, unavailability of materials at commercially reasonable prices, and acts of God, but which does not include financial condition of the Property Owner or their successors. 7.Notices. Any notices, requests and demands required or desired to be given hereunder shall be in writing and shall be served personally upon the Party for whom intended or if mailed be by certified mail, return receipt requested, postage prepaid to such Party at its address shown below: Lions Back Holdings, LLC c/o Paul W. Jones, Esq. 4766 S. Holladay Blvd Salt Lake City, Utah 84117 6 City of Moab Attn: City Recorder 217 E Center Street Moab, UT 84532 Any Party may change its address or notice by giving written notice to the other Parties in accordance with the provisions of this Section. GENERAL TERMS AND CONDITIONS 1.Agreement to Run with the Land. This Pre-Annexation Agreement shall be recorded in the Office of the Grand City Recorder against the LBH Properties and is intended to and shall be deemed to run with the land and shall be binding on all successors in the Ownership and development of any portion of the LBH Properties. 2.Entire Agreement. This Pre-Annexation Agreement, together with the Exhibits hereto, integrates and constitutes all of the terms and conditions pertaining to the subject matter hereof and supersedes all prior negotiations, representations, promises, inducements, or previous agreements between the Parties hereto with respect to the subject matter hereof. Any amendments hereto must be in writing and signed by the respective Parties hereto. 3.Headings. The headings contained in this Agreement are intended for convenience only and are in no way to be used to construe or limit the text herein. 4.Non-Liability of City Officials or Employees. No officer, representative, agent, or employee of the City shall be personally liable to Property Owner, or any successor-in-interest or assignee of Property Owner, in the event of any default or breach by the City or for any amount which may become due to Property Owner, or its successors or assignees, for any obligation arising out of the terms of this Pre-Annexation Agreement. 5.No Third-Party Rights. The obligations of the Parties set forth in this Pre-Annexation Agreement shall not create any rights in or obligations to any persons or parties other than to the City and the Property Owner. The City and Property Owner alone shall be entitled to enforce or waive any provisions of this Pre-Annexation Agreement to the extent that such provisions are for their benefit. 6.Severability. Should any portion of this Pre-Annexation Agreement for any reason be declared invalid or unenforceable, the invalidity or unenforceability of such portion shall not affect the validity of any of the remaining portions, and the same shall be deemed in full force and effect as if this Pre-Annexation Agreement had been executed with the invalid portions eliminated. 7.Waiver. No waiver of any of the provisions of this Pre-Annexation Agreement shall operate as a waiver of any other provision regardless of any similarity that may exist between such provisions, nor shall a waiver in one instance operate as a waiver in any future event. No waiver shall be binding unless executed in writing by the waiving Party. 7 8.Survival. All agreements, covenants, representations, and warranties contained herein shall survive the execution of this Pre-Annexation Agreement and shall continue in full force and effect throughout the term of this Pre-Annexation Agreement. 9.Public Information. The Parties understand and agree that all documents related to this Pre-Annexation Agreement will be public documents, as provided in UTAH CODE ANN . § 63G-2- 101, et seq. 10.Governing Law. This Pre-Annexation Agreement and the performance hereunder shall be governed by the laws of the State of Utah. 11.Counterparts. This Agreement may be executed in multiple counter-parts which shall constitute one and the same document. (Signatures begin on following page) 8 IN WITNESS WHEREOF, this Agreement has been executed by Grand City, State of Utah, pursuant to Moab City Municipal Code 17.72.100, authorizing such execution, and by a duly authorized representative of Property Owner as of the above-stated date. CITY OF MOAB, a Utah Municipality and political subdivision of the State of Utah. By: Emily Niehaus, Mayor and Chair, City Council ATTEST: ____________________________ Sommar Johnson, City Clerk/Recorder APPROVED AS TO FORM ___________________________________ Laurie Simonson, City Attorney 9 LIONS BACK HOLDINGS, LLC By: Jeremy C. Pope, its Manager STATE OF UTAH ) :ss. CITY OF SALT LAKE ) On the day of November, 2019, personally appeared before me Jeremy C. Pope, who being duly sworn, did say that he is the Manager of Lions Back Holdings, LLC, and that the foregoing instrument was signed in behalf of said limited liability company and said Jeremy C. Pope duly acknowledged to me that he executed the same for the purposes therein stated. ______________________________ NOTARY PUBLIC Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 1 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. Chapter 1.32 CITY ANNEXATION POLICIES AND PROCEDURES Sections: 1.32.010 Annexation petition. 1.32.020 Annexation procedure. 1.32.030 Annexation policy plan. 1.32.010 Annexation petition. A. An annexation petition is required by Utah State Code to initiate annexation of properties into the City of Moab, except when the parcel to be annexed is an island or peninsula contiguous to the City; and 1. Has a majority of residential or commercial development; 2. Requires delivery of municipal services; and, 3. Has been provided most or all municipal services for more than one year. B. Where applicable, annexation petitions are to be filed with the City Recorder and contain: 1. Signatures of a majority of the private real property owners of the area proposed for annexation; 2. Signatures of the private real property owners who account for one-third value of all private property within that same area; 3. Be accompanied by an accurate and recordable map that is prepared and signed by a licensed surveyor; and, 4. Signatories who are designated as sponsors of the petition for future contact. C. If practicable and feasible, boundaries of the area proposed for annexation should be drawn: 1. Along existing jurisdictional boundaries; 2. To eliminate islands and peninsulas of territory not receiving services; 3. To promote the efficient delivery of services; and, 4. To encourage the equitable distribution of community resources and obligations. (Ord. 03-02 (part), 2003) Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 2 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. 1.32.020 Annexation procedure. A. The City Recorder, upon receiving a petition for annexation, shall: 1. Submit the petition to the City Council, which shall accept the petition for further consideration or reject the petition fourteen days. 2. If the petition is rejected by the City notification shall be sent to the county clerk and to the sponsors of the petition within five days of the denial. 3. If accepted by the City Council, the petition shall be reviewed by the City Recorder for completeness and compliance with applicable law, which review and certification shall be completed within thirty days of acceptance. If the petition complies, the City Recorder shall certify the petition and provide notice of same to the City Council. 4. Within ten days of receipt notice of certification by the City Council, notification of the proposed annexation shall be published in a newspaper of general circulation for three consecutive weeks. 5. Within twenty days of receipt of notice of certification by the City Council, notification of said annexation shall be sent to all affected entities listed in 1.32.030.H. B. Upon certification by the City Recorder the petition or application may be submitted to the Planning Commission for analysis and review according to the annexation policy plan and for recommendations with respect to the appropriate zoning. C. Protests to the proposed annexation shall be: 1. Filed no later than thirty days after receipt by the City Council of certification from the City Recorder. 2. Protests may be filed by the legislative bodies of affected entities listed in 1.32.030.H. 3. If protests are filed, the City Council may deny the annexation at the next meeting, or it may await the decision by the boundary commission. 4. If no protests are filed, the City Council may approve the annexation at a public hearing held after providing not less than seven days advance notice. 5. The boundary commission shall hear protests within thirty days of the deadline for filling said protests. 6. Within thirty days of initiating hearings on protests filed, the boundary commission shall render a written decision. 7. The City Council may deny or grant annexation after receiving the decision of the boundary commission approving the annexation. In the event of denial of the annexation by the boundary commission the City Council shall deny the annexation. (Ord. 03-02 (part), 2003) Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 3 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. 1.32.030 Annexation policy plan. A. Pursuant to U.C.A. 10-2-401.5, the City hereby adopts the following annexation policy declaration. 1. Sound urban development is essential to the continued economic development of this state; 2. Municipalities are created to provide urban governmental services essential for sound urban development and for the protection of public health, safety and welfare in residential, commercial and industrial areas, and in areas undergoing development; 3. Municipal boundaries should be extended, in accordance with specific standards, to include areas where a high quality of urban governmental services is needed and can be provided for the protection of public health, safety and welfare and to avoid the inequities of double taxation and the proliferation of special service districts; 4. Areas annexed to municipalities in accordance with appropriate standards should receive the services provided by the annexing municipality as soon as possible following the annexation; 5. Areas annexed to municipalities should include all of the urbanized unincorporated areas contiguous to municipalities, securing to residents within the areas a voice in the selection of their government; 6. Decisions with respect to municipal boundaries and urban development need to be made with adequate consideration of the effect of the proposed actions on adjacent areas and on the interests of other government entities, on the need for and cost of local government services, and the ability to deliver the services under the proposed actions and on factors related to population growth and density and the geography of the area; and B. Map showing the anticipated future extent of the City of Moab’s boundaries and areas that are more readily available for service. 1. This portion of the City of Moab’s Master Annexation Policy declaration describes the geographic areas considered most favorable for future city expansion. 2. The map (which is on file at the City clerk’s office) visually displays the existing boundaries of the City of Moab in a green line and the future boundaries by a black line. The future boundaries include the following description: General Plan annexation area boundary description The boundary encompasses: Portions of Sections 25, 26, 27, 34 and all of Sections 35 and 36 in Township 25 South, Range 21 East, Salt Lake Base & Meridian; Portions of Section 31 in Township 25 South, Range 22 East, Salt Lake Base & Meridian; Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 4 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. All of Sections 1, 2 and 12 together with portions of Sections 11 in Township 26 South, Range 21 East, Salt Lake Base & Meridian; All of Sections 6, 7 and 18, together with portions of Sections 5, 8, and 17 in Township 26 South, Range 22 East, Salt Lake Base & Meridian, and is more particularly described as: Beginning at the SW Corner of Section 18, T 26 S, R 22 E, SLBM; Thence northerly to the NW Corner of said Section 18; Thence westerly to the SW Corner of Section 12, T 26 S, R 21 E, SLBM; Thence northerly to the SE Corner of Government Lot 1, Section 11, T 26 S, R 21 E, SLBM; Thence westerly to the NE corner of Section 10, T 26 S, R 21 E, SLBM; Thence northerly to the SW Corner of Section 2, T 26 S, R 21 E, SLBM; Thence northerly to the NW Corner of said Section 2; Thence westerly to the SW Corner of the SE1/4SW1/4 of Section 34, T 25 S, R 21 E, SLBM; Thence northerly to the NW Corner of Government Lot 10, Section 27, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of Government Lot 8, Section 26, T 25 S, R 21 E, SLBM; Thence southerly to the SE Corner of said Government Lot 8; Thence easterly to a point on the West Section Line of said Section 26; Thence southerly to the NE Corner of the SE1/4SE1/4 of said Section 26; Thence easterly to the NE Corner of Government Lot 6, Section 25, T 25 S, R 21 E, SLBM; Thence southerly to the NW Corner of Government Lot 3, Section 31, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of the SE1/4NW1/4 of said Section 31; Thence southerly to the SE Corner of Government Lot 9, said Section 31; Thence easterly to the NE Corner of Section 6, T 26 S, R 22 E, SLBM; Thence easterly to the NE Corner of Government Lot 4, Section 5, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of the SW1/4SW1/4 of said Section 5; Thence southerly to the SE Corner of the SW1/4SW1/4 of Section 8, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of Government Lot 35, Section 17, T 26 S, R 22 E, SLBM; Thence westerly to the SE Corner of Section 18, T 26 S, R 22 E, SLBM; Thence westerly to the SW Corner of said Section 18, said point being the POINT OF BEGINNING. Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 5 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. C. Criteria as required by state law, together with additional criteria and policies for city acceptance of an annexation. 1. The City endorses the intent of the Utah Annexation Act, U.C.A. 10-2-401, et seq., as amended. Criteria for annexation of property to the City are as follows: a. The property must be contiguous to the boundaries of the City. b. The property must lie within the area projected for the City municipal expansion. c. The property must not be included within the boundaries of another incorporated municipality. d. The annexation must not create unincorporated islands within the boundaries of the City. e. The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of any other municipality to annex into the same or related area. 2. The City will evaluate the following for each annexation: a. Compliance with all requirements of appropriate state code provisions. b. The current and potential population of the area, and the current residential densities. c. Land uses proposed in addition to those presently existing. d. The assessed valuation of the current properties or proposed uses. e. The potential demand for various municipal services, especially those requiring capital improvements. f. Recommendations of other local government jurisdictions regarding the proposal and potential impact of the annexation. g. How the proposed area, and/or its potential land uses would contribute to the achievement of the goals and policies of the City. h. Identification of any special districts or county departments that are currently providing services. If the proposed area is receiving services that are to be assumed by the City, a statement should be included indicating that steps can be taken to assure an effective transition in the delivery of services. A timetable for extending services should be included if the City is unable to provide services immediately. If the proposed area is receiving services that are not going to be assumed by the City a statement to that effect will be included in the annexation agreement. Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 6 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. i. If an application for annexation includes a specific proposal for urban development, an understanding as to the provision of improvements should be concluded between the City and the applicant. j. New annexations should create areas in which services can be provided efficiently. The annexation should not create geographically isolated areas, areas for which the provision of services would be costly or difficult, or an area in which surface water runoff would create multi-jurisdictional problems. k. The tax consequences for affected entities should be addressed. 3. In order to facilitate orderly growth, the following city policies will apply to every annexation proposal. However, compliance with any policy not expressly required by state law is not mandatory, and failure to comply with any policy not expressly required by state law shall in no way affect or jeopardize an annexation petition that otherwise meets the standards established in the Utah Code. a. The City’s policy is to consider annexation only in those areas where the City has the potential to provide urban services (either directly or through interlocal cooperative agreement). These areas may include locations served or to be served by city utilities, electrical service, police and fire protection facilities, etc. b. The City declares its interest in those areas identified in this policy declaration and other areas lying within one-half mile of the City’s boundary. Any urban development as defined by state law proposed within this specified area is subject to review and approval of the City as provided in U.C.A. 10-2-418, as amended. c. Due to the extraterritorial powers granted as part of the Utah Boundary Commission Act, the City may exercise its initiative to prepare and adopt a General Plan for future development in those extraterritorial areas of interest for future annexation, as indicated in this policy declaration. This General Plan will define proposed land uses, nature, and density of development desired by the City in each particular area. Once this ordinance is adopted, any proposed development in an area to be annexed must conform to the General Plan, notwithstanding said plan may be amended from time to time as deemed necessary and appropriate. d. It is the policy of the City to require new development in annexed areas to comply with all city standards and regulatory laws. Proposed actions to be taken to overcome deficiencies should be identified and costs estimated. e. To avoid creation of islands and peninsulas, unincorporated territory and publicly-owned land such as roadways, schools, parks or recreational land, may be annexed as part of other logical annexations. f. In order to facilitate orderly growth and development in the City, the Planning Commission may review a proposed annexation and make recommendations to the City Council concerning the parcel Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 7 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. to be annexed, the effect on city development, and the recommended zoning district designation for the proposed annexed area. Review by the Planning Commission is not a requirement for annexation, and approval from the Planning Commission is not necessary for annexation. g. The City Council shall designate the zoning for the territory being annexed in the ordinance annexing the territory. The zoning designations must be consistent with the General Plan. The City Council shall not be bound by the zoning designations for the territory prior to annexation. Nothing in this section shall be construed as allowing the City Council to change zoning designations in areas that are already within the municipal boundaries, without following the procedures for zoning amendments found in the City code. h. Landowners petitioning for annexation must file an application and follow the procedures for annexation required by state law and the procedures specified by the City. i. The City may require an annexation fee reasonable to the cost incurred as part of the annexation process. j. From time to time, the City may amend this master annexation policy declaration. This policy declaration, including maps, may be amended by the City Council after at least fourteen days’ notice and public hearing. Annexation policy declarations for individual annexations may be considered amendments to this master annexation policy declaration and likewise require adequate notice and public hearing as herein specified. D. The character of the community. 1. The areas anticipated for future annexation contain a wide variety of land uses. There is vacant land, as well as residentially developed property, and property developed and being developed for commercial uses. 2. The City was incorporated in December 20, 1902 and has entertained numerous proposals for annexation since that time. Recent interest in annexation has been shown by many surrounding property owners. This policy declaration will help to define those areas that the City will consider in a favorable manner. E. The need for municipal services in developing unincorporated areas. 1. The City recognizes that municipal services to developed areas which may be annexed should, to the greatest extent possible, be provided by the City. It may, however negotiate service agreements in annexing areas. 2. For developing unincorporated areas to be annexed to the City, general government services and public safety service will be provided by the City as the area is annexed and developed. Where feasible and in the public interest to the citizens of the City, public utility services will be provided by the City or through the appropriate utility companies or improvement districts. Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 8 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. 3. Subsequent policy declarations on individual parcels will address provision of utility service to that particular area. Determination of how utility service will be provided to developing areas proposed for annexation will be developed following discussion with the public works department and other appropriate utility officials or entities. F. Financing and time frame for the extension of municipal services. 1. Those areas identified in this master policy declaration as being favorable for annexation are located near to the City. A basic network of collector roads presently exists in many of these areas and the City can readily extend such services as police protection, street maintenance, and general government services. Unless otherwise specified, city services for police and street maintenance will begin in newly annexed areas immediately following the effective date of annexation. 2. Services for newly annexed areas will be provided for out of the general and/or enterprise funds. However, it is the City’s policy that all new development in areas requiring service bears the burden of providing necessary facilities. If and when the property sought to be annexed is developed, the developer will have to construct and install appropriate municipal service facilities such as streets, curb, gutter, sidewalk, water and sewer lines, as provided by city code. Construction of water and/or sewer line extensions involving multiple properties will be phased to coincide with the financial readiness of said property owners and the City. 3. If services in an annexed area are substandard, then the financing of improvements to bring the area up to city standards may be necessary through such means as a special improvement district. The City may decline to annex areas that contain significant substandard improvements. The site annexation policy declaration, submitted with individual annexations, will identify a schedule for necessary improvements to the area. 4. Unless otherwise agreed by the City in writing, the annexation of real property into the municipal, limits shall not obligate the City to construct or install utilities or other public infrastructure. The decision to extend or install such improvements shall be vested solely in the discretion of the City Council. G. The estimate of tax consequences. The estimate of tax consequences to residents in both new and old territory of the City resulting from the proposed future annexations cannot be accurately assessed at this time. As each annexation proposal occurs, the City will review the tax consequences of that annexation. H. Affected entities. The following is a list of potentially-affected entities, to which copies of the annexation policy declaration has been supplied prior to its adoption. In addition, as annexation proposals occur, the entities affected by the proposed annexation will be notified. Grand County 125 East Center Moab, Utah 84532 Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 9 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. Grand County School District 264 South 400 East Moab, Utah 84532 Moab Fire Department 45 South 100 East Moab, Utah 84532 Grand Water & Sewer Agency 3025 East Spanish Trail Moab, Utah 84532 259-8121 Grand County Hospital Service District 245 West Williams Way Moab, Utah 84532 Health Department of Southeastern Utah P.O. Box 800 Price, Utah Cemetery District P.O. Box 64 Moab, Utah 84532 Moab Mosquito Abatement District P.O. Box 142 Moab, Utah 84532 Grand County Library Board 25 South 100 East Moab, Utah 84532 Solid Waste District P.O. Office Box 980 Moab, Utah 84532 Ch. 1.32 City Annexation Policies and Procedures | Moab Municipal Code Page 10 of 10 The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. Recreation District P.O. Box 715 Moab, Utah 84532 Grand County Boundary Commission 125 East Center Moab, Utah 84532 (Ord. 08-23, 2008; Ord. 03-02 (part), 2003) The Moab Municipal Code is current through Ordinance 20-06, passed March 20, 2020. Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact the City Recorder's Office for ordinances passed subsequent to the ordinance cited above. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company Utah Code Page 1 10-2-401.5 Annexation policy plan. (1) After December 31, 2002, no municipality may annex an unincorporated area located within a specified county unless the municipality has adopted an annexation policy plan as provided in this section. (2) To adopt an annexation policy plan: (a) the planning commission shall: (i) prepare a proposed annexation policy plan that complies with Subsection (3); (ii) hold a public meeting to allow affected entities to examine the proposed annexation policy plan and to provide input on it; (iii) provide notice of the public meeting under Subsection (2)(a)(ii) to each affected entity at least 14 days before the meeting; (iv) accept and consider any additional written comments from affected entities until 10 days after the public meeting under Subsection (2)(a)(ii); (v) before holding the public hearing required under Subsection (2)(a)(vi), make any modifications to the proposed annexation policy plan the planning commission considers appropriate, based on input provided at or within 10 days after the public meeting under Subsection (2)(a)(ii); (vi) hold a public hearing on the proposed annexation policy plan; (vii) provide reasonable public notice, including notice to each affected entity, of the public hearing required under Subsection (2)(a)(vi) at least 14 days before the date of the hearing; (viii) make any modifications to the proposed annexation policy plan the planning commission considers appropriate, based on public input provided at the public hearing; and (ix) submit its recommended annexation policy plan to the municipal legislative body; and (b) the municipal legislative body shall: (i) hold a public hearing on the annexation policy plan recommended by the planning commission; (ii) provide reasonable notice, including notice to each affected entity, of the public hearing at least 14 days before the date of the hearing; (iii) after the public hearing under Subsection (2)(b)(ii), make any modifications to the recommended annexation policy plan that the legislative body considers appropriate; and (iv) adopt the recommended annexation policy plan, with or without modifications. (3) Each annexation policy plan shall include: (a) a map of the expansion area which may include territory located outside the county in which the municipality is located; (b) a statement of the specific criteria that will guide the municipality's decision whether or not to grant future annexation petitions, addressing matters relevant to those criteria including: (i) the character of the community; (ii) the need for municipal services in developed and undeveloped unincorporated areas; (iii) the municipality's plans for extension of municipal services; (iv) how the services will be financed; (v) an estimate of the tax consequences to residents both currently within the municipal boundaries and in the expansion area; and (vi) the interests of all affected entities; (c) justification for excluding from the expansion area any area containing urban development within 1/2 mile of the municipality's boundary; and (d) a statement addressing any comments made by affected entities at or within 10 days after the public meeting under Subsection (2)(a)(ii). Utah Code Page 2 (4) In developing, considering, and adopting an annexation policy plan, the planning commission and municipal legislative body shall: (a) attempt to avoid gaps between or overlaps with the expansion areas of other municipalities; (b) consider population growth projections for the municipality and adjoining areas for the next 20 years; (c) consider current and projected costs of infrastructure, urban services, and public facilities necessary: (i) to facilitate full development of the area within the municipality; and (ii) to expand the infrastructure, services, and facilities into the area being considered for inclusion in the expansion area; (d) consider, in conjunction with the municipality's general plan, the need over the next 20 years for additional land suitable for residential, commercial, and industrial development; (e) consider the reasons for including agricultural lands, forests, recreational areas, and wildlife management areas in the municipality; and (f) be guided by the principles set forth in Subsection 10-2-403(5). (5) Within 30 days after adopting an annexation policy plan, the municipal legislative body shall submit a copy of the plan to the legislative body of each county in which any of the municipality's expansion area is located. (6) Nothing in this chapter may be construed to prohibit or restrict two or more municipalities in specified counties from negotiating and cooperating with respect to defining each municipality's expansion area under an annexation policy plan. Enacted by Chapter 206, 2001 General Session Utah Code Page 1 Effective 5/14/2019 10-2-402 Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(3); or (B) unless the county and municipality have otherwise agreed; and (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. (3) (a) An annexation under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of that parcel has signed the annexation petition under Section 10-2-403. (b) A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (3)(a) if owned by the same owner. (4) A municipality may not annex an unincorporated area in a specified county for the sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to annex the same or a related area unless the municipality has the ability and intent to benefit the annexed area by providing municipal services to the annexed area. (5) The legislative body of a specified county may not approve urban development within a municipality's expansion area unless: (a) the county notifies the municipality of the proposed development; and (b) (i) the municipality consents in writing to the development; or (ii) (A) within 90 days after the county's notification of the proposed development, the municipality submits to the county a written objection to the county's approval of the proposed development; and (B) the county responds in writing to the municipality's objections. (6) (a) An annexation petition may not be filed under this part proposing the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located unless the legislative body of the county in which the area is located has adopted a resolution approving the proposed annexation. (b) Each county legislative body that declines to adopt a resolution approving a proposed annexation described in Subsection (6)(a) shall provide a written explanation of its reasons for declining to approve the proposed annexation. (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation Administration has, by a record of decision, approved for the construction or operation Utah Code Page 2 of a Class I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14 C.F.R. Part 139. (b) A municipality may not annex an unincorporated area within 5,000 feet of the center line of any runway of an airport operated or to be constructed and operated by another municipality unless the legislative body of the other municipality adopts a resolution consenting to the annexation. (c) A municipality that operates or intends to construct and operate an airport and does not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b) may not deny an annexation petition proposing the annexation of that same area to that municipality. (8) (a) As used in this subsection, "project area" means a project area as defined in Section 63H-1-102 that is in a project area plan as defined in Section 63H-1-102 adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act. (b) A municipality may not annex an unincorporated area located within a project area without the authority's approval. (c) (i) Except as provided in Subsection (8)(c)(ii), the Military Installation Development Authority may petition for annexation of the following areas to a municipality as if it was the sole private property owner within the area: (A) an area within a project area; (B) an area that is contiguous to a project area and within the boundaries of a military installation; (C) an area owned by the Military Installation Development Authority; and (D) an area that is contiguous to an area owned by the Military Installation Development Authority that the Military Installation Development Authority plans to add to an existing project area. (ii) If any portion of an area annexed under a petition for annexation filed by the Military Installation Development Authority is located in a specified county: (A) the annexation process shall follow the requirements for a specified county; and (B) the provisions of Subsection 10-2-402(6) do not apply. Amended by Chapter 498, 2019 General Session Excerpt from the Approved Moab City Council Minutes January 28, 2020 Review and approval of the Pre-Annexation Agreement between LBH LLC and the City of Moab Proposed Pre—Annexation Agreement Among Lions Back Holding, LLC and the City of Moab, Located at Approximately 938 and 940 South Main, Moab, Utah 84532: Discussion: City Manager Linares displayed a map showing the parcels. He indicated this agreement was proposed by Lions Back Holdings, LLC who currently have an application with Grand County to construct a hotel in the County bordering the City limit boundary. They have approached the City about petitioning to annex into the City. Linares spoke with the County Attorney and received a letter from the Chair of the County Council indicating they are in support of the annexation and support the action before the Council for consideration. Councilmember Derasary requested verification of the location of the parcel. Linares showed her exactly where the parcel was located and told Council the proposed project would have approximately 120 rooms. He explained that the application is currently with the County and if Council chose not to approve the annexation, the project would be built in the County. He indicated that if the project is built in the City it would not adversely affect the County’s revenue. If the project is annexed into the City, it would allow the City to collect TRT revenue from it as well. City Manager Linares stated this project falls within a grey area of the vested projects before the overnight accommodation moratorium was put in place. He said there are several projects that fall in that category, but this is the first that has come forward with a claim that they are vested despite not having an application filed prior to February 12, 2018. Moving forward as though this project was fully vested could settle a potential lawsuit claim against the City or County in the future. There was discussion regarding the pre-annexation agreement, the possible need for a public hearing, the pros and cons of approving it, what it would legally obligate the City to and what zoning would be assigned to the parcel. Linares explained that if Council approved the pre-annexation agreement, the project would still need to follow the public procedure for annexation including public noticing and public hearing. The City does not have a property tax but when the City annexes a commercial property, they can collect sales tax and potentially TRT tax. The parcel is directly adjacent to the City boundary and annexing the property obligates the City to provide services including law enforcement and snow removal. He explained Council has final authority as to what zoning is applied to the property. Mayor Niehaus noted that the parcel falls within the City’s General Plan’s future annexation boundaries so accepting this petition is in the City’s General Plan. Linares explained that according to the City’s General Plan and Annexation Plan accepting this application is exactly what the City is supposed to be doing. Councilmember Derasary requested clarification of the section of the agreement that talks about reserved legislative powers. Linares explained that section is saying that if somewhere in the agreement the City has limited themselves in a way that is illegal that was unintentional, they would reserve that authority. Councilmember Derasary said that she would like to table this until she can look at the surrounding zoning. She stated, in her opinion, we have made the mistake before of annexing without looking at neighboring zoning. Linares indicated that he went with the C-4 zone because it was a match to the surrounding properties and historic uses. Councilmember Derasary expressed concerns about putting the C-4 zone next to Rural Residential. City Manager Linares explained that the surrounding uses are not rural, they are industrial or something as one of them is a shop. Motion and vote: Councilmember Knuteson-Boyd moved to approve the Pre-Annexation Agreement between Lions Back Holding, LLC (“Property Owner”) and the City of Moab, located at approximately 938 and 940 South Main, Moab, Utah. Councilmember Guzman-Newton seconded the motion. The motion tied with Councilmembers Knuteson-Boyd and Guzman-Newton voting aye and Councilmembers Derasary and Duncan voting nay. Mayor Niehaus cast the tie breaking vote and a roll call vote was requested. The motion passed 3-2 with Councilmembers Knuteson-Boyd, GuzmanNewton and Mayor Niehaus voting aye and Councilmembers Derasary and Duncan voting nay. LBH Annexation Zoning Analysis May 7, 2020 Prepared by Nora Shepard, AICP Planning Director, City of Moab Parcel Information: Tax ID: 020120037 020120011 Address: 938 and 940 South Hwy 191 (Main Street) Parcel Size: 3.21 Acres Location: Grand County (outside city limits) Current Zoning: County Rural Residential (1 Unit/acre) County General Business Adjacent Zoning: City C-4 General Commercial (dark purple) City R-2 Single or Two Household Residential (light purple) Existing Uses: Existing Commercial Buildings Tax Record: Use is described as Commercial Buildings, Commercial Improved Allowable Uses C-4 city R-2 city GB county RR county Accessory Dwelling Units no yes Accessory buildings and uses no Agriculture yes Very limited yes Assembly of Appliances from previously prepared parts yes no limited no Asphalt/Concrete Batch Plants, temporary yes no no no Auction Houses yes no no Autobody and Fender Shops yes no limited no Bars yes no yes no Caretaker or Guard Resident yes no Day Care Center yes yes conditional Dwellings above the ground floor of a non- residential structure yes yes Dwellings in the C-4 Commercial Zone limited Dwellings in the GB Zone Limited – upper floor only Eating Establishments yes no yes no Engraving and Printing Establishments yes no ?? no Established Overnight Accommodation (now new OAs allowed) yes no Only through the Overlay no Farm Equipment Sales yes no yes Foster Group Homes yes no yes Funeral Establishments yes no no no Ground Floor employee units yes Gas Stations yes no conditional no General Retail no yes no Gymnasiums yes no yes Hardware Stores and Lumber Yards yes no yes no Historic Dwellings yes Home occupation businesses yes Hospitals yes no yes conditional Laboratories (other than working with hazardous materials) yes no ? ? Large Scale Retail (1 use over 30.000 sf) no ? no Manufactured Home Sales yes no no Manufacturing, compounding and processing yes no limited no Multihousehold Dwellings yes no no Allowable Uses C-4 R-2 GB RR Municipal Facilities and Services no limited limited Office, business or professional no yes no One-household Dwellings and accessory uses yes yes Outfitters and Guide Services no conditional conditional Outdoor Recreational Uses, commercial no limited limited Parking Lots (commercial) yes no no Places of Worship yes yes yes Planned Unit Developments yes Professional Offices yes no yes no Public Facilities yes yes yes limited Public Libraries yes yes yes Public Parks and Recreation Buildings yes yes yes Public and Private Research Establishments yes no ? Recreational Vehicle/Travel Trailer Parks No New no Overlay only no Repair Services, limited yes no Second Hand Stores yes no yes no Self Service Storage yes no yes no Service Establishments yes no yes no Schools yes yes yes, limited Yes, limited Retail Establishments yes no yes no Two-household Dwelling and accessory uses yes Service Stations yes no conditional no Trucking Company yes no no Utility Provider structures and buildings yes conditional no Vehicle Repair yes no ? no Vehicle Sales yes no yes no Warehouses yes no no no Wholesales Establishments with stock on premises yes no conditional no Wireless Communication Towers yes conditional Please Note: Many of the uses listed have specific development standards that are required to be complied with. Page 1 of 3 April 9, 2020 DRAFT MOAB CITY PLANNING COMMISSION MEETING REGULAR PLANNING COMMISSION MEETING MINUTES MAY 14, 2020 The Moab Planning Commission held a regular meeting on May 14, 2020. Per Executive Order 2020-5 issued by Governor Gary R. Herbert on March 18, 2020, this meeting was conducted electronically. An anchor location was not provided. A recording of the meeting is archived at : https://www.utah.gov/pmn/index.html and a video recording is archived at: https://www.youtube.com/watch?v=x_6ooLnzWAE. Planning Commission Chair Kya Marienfeld called the regular meeting to order at 6:0 1 PM. Commission members Kya Marienfeld, Marianne Becnel, Luke Wojciechowski, Jessica O’Leary, and Becky Wells participated remotely. Commission members Ruben Villalpando-Salas and Brian Ballard were absent. Staff participating remotely were City Planning Director Nora Shepard, Assistant Planner Cory Shurtleff, and Recorder Sommar Johnson. Citizens to be Heard: There were no citizens to be heard. Approval of Minutes: February 13, 2020, February 27, 2020, April 9, 2020, and April 23, 2020 Regular Meeting Minutes – Approved Discussion: There was no discussion. Motion and vote: Commission member Becnel moved to approve the minutes for February 13, 2020. February 27, 2020, April 9, 2020, and April 23, 2020. Commission member Wojciechowski seconded the motion. The motion passed 5-0 with Commission members Marienfeld, Wells, Wojciechowski, Becnel, and O’Leary voting aye by a roll-call-vote. Review and Possible Recommendation to the City Council on the Annexation Petition Submitted by LBH, LLC, for 3.21 acres Located at 938 and 940 South Main Street, Moab, UT, and Further Recommends that C-4 General Commercial Zone should be the Assigned Zoning – Approved Discussion: Planning Director Shepard provided an extensive overview of the annexation process and the proposed annexation petition. She explained that the property is currently zoned general business and rural residential in the County. She said there are commercial buildings on the property and the tax rate indicates it is currently a commercial use. She indicated there is not a specific site plan in mind at this point but Planning Commission will have an opportunity to review the site plan in the future. She explained that State law are the guiding provisions regarding annexations and Planning Commission’s role is very limited in that they make a recommendation to the City Council on an appropriate zone for the property. She said the property owners plan to develop a hotel and have agreed in the pre-annexation agreement to meet the intent of the proposed standards for overnight accommodations. She said although there is a moratorium on new overnight accommodations, this property owner has an active application with Grand County and based on financial reliance and legal concerns that is the reason for City Council’s consideration of the pre-annexation agreement. Commission Chair Marienfeld asked if this development qualified as an in process overnight accommodation at the time of the temporary lodging restriction. Planning Director Shepard explained this development was not included in the overnight accommodation numbers for the City, but they may have been included in the numbers for Grand County. Page 2 of 3 April 9, 2020 Commission member Becnel expressed concern with recital "B" in the pre -annexation agreement stating it was a misstatement. Commission Chair Marienfeld agreed that the recital was confusing and implies that this development is an approved overnight accommodation but explained that the pre-annexation agreement has been entered into by the City Council. Planning Director Shepard stated the pre- annexation was approved by the City Council, but Planning Commission could forward a negative recommendation and include the opposition to the recital as a finding for that recommendation. Commission member Becnel said she was happy to entertain annexations if the conditions are met and are correct, but this pre-annexation agreement has a few problems that she is not comfortable with. Commission member O’Leary asked if the annexation would create an island surrounded by City property. Planning Director Shepard explained that this annexation reconfigures the peninsula in a different way. Commission member Wells asked if the goal was to annex property in this area. Planning Director Shepard explained that properties to the south were part of the USU annexation. Commission member Wells said it would make sense to continue annexation in that area. Planning Director Shepard explained that it is sometimes in the best interest of the City to anne x parcels to benefit from sales tax revenue but also said that cannot be the only reason for annexation. Commission member Wells said if they are willing to comply with the proposed standards for overnight accommodations, she does not see a reason not to annex and bring the tax revenue into the City. Planning Director Shepard covered the standards that were agreed to in the pre -annexation agreement. Commission member Becnel asked if this would let them build a hotel in the C-4. Planning Director Shepard confirmed that based on the terms of the pre-annexation agreement, they would be allowed to build a hotel following the standards set forth in the agreement. She also said it was fair to say they have an active application with Grand County and could move forward under their process. Commission Chair Marienfeld said there is a signed agreement with the City Council with clear vested rights and she was not inclined to go against it knowing City Council will still have discussions either way. She agreed with Commission member Becnel that it is a slippery slope to let property owners flout the rules when others could not especially in a small community. Planning Director Shepard said it was her understanding that a different recital in the pre-annexation agreement basically said this development was vested for review under the old rules. Commission member Becnel moved to not recommend this proposal based on inconsistent positions in our zoning law. The motion failed due to lack of a second. Commission member Wells asked if the standards for RC and C-4 were getting close. Planning Director Shepard said there are some tweaks needed but they are not far off. Commission member Wells said she did not think this was negative because it would provide revenue and more housing but feels it needs to match the standards that are ultimately approved for overnight accommodations. Commission member Becnel asked if a motion could be made conditional on future C-4 zoning law changes and not include any assumptions about building a hotel. She asked if the zoning could be ap plied to the parcel and have the development wait until the standards are adopted. Commission Chair Marienfeld did not believe that was possible because of the pre -annexation agreement. Commission member Becnel said she still thinks that based on the recitals you are not able to make any Page 3 of 3 April 9, 2020 changes on it legally. There was no further discussion. Motion and vote: Commission Chair Marienfeld moved to recommend that the City Council approve the annexation and zoning designation of C-4 consistent with the pre-annexation agreement but also recommends the additional condition that the developer comply with future C-4 overnight accommodations regulations if they are finalized prior to site plan approval. Commission member Wells seconded the motion. The motion passed 4-1 with Commission members O'Leary, Wojciechowski, Marienfeld, and Wells voting aye and Commission member Becnel voting nay in a roll call vote. CITY OF MOAB PLANNING COMMISSION RESOLUTION NO. 04-2020 A Resolution forwarding a positive recommendation from the Moab Planning Commission to the Moab City Council on the Annexation and Zoning designation of C-4 General Commercial of properties owned by LBH, LLC located at 938 and 940 So. Main Street, Moab UT. WHEREAS, the following describes the intent and purpose of this resolution: a. Property Owner Lions Back Holdings, LLC filed an application with the City of Moab to annex property to the City. b. Pursuant to MMC 1.32.030, the Planning Commission may review the annexation and make recommendations to the City Council on the Annexation and on the assignment of appropriate zoning. c. The Annexation was certified by the City Recorder on March 25, 2020. d. Required notices to the public and affected entities has been given. e. Applicant has furnished a Annexation Petition and Plat, consistent with Utah State Law and Local Municipal Ordinances. f. The City and the Petitioner have entered into a Pre-Annexation Agreement. This approval incorporates that agreement as part of the recommendation. g. Following the consideration of the technical aspects of the pertinent code sections, the Moab Planning Commission, pursuant to Moab Planning Commission Resolution #04-2020, hereby finds, that all applicable provisions of the Moab Municipal Code have or can be met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB PLANNING COMMISSION, recommends approval of the petition for Annexation of LBH LLC, subject to the Pre- Annexation Agreement dated January 28, 2020 and based on the following criteria: a. The property must be contiguous to the boundaries of the City. b. The property must lie within the area projected for the City municipal expansion. c. The property must not be included within the boundaries of another incorporated municipality. d. The annexation must not create unincorporated islands within the boundaries of the City. e. The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of any other municipality to annex into the same or related area. PASSED AND APPROVED in an open meeting of the Planning Commission by a majority vote of the of the Moab Planning Commission on April 23, 2020. SIGNED: ________________________________ Kya Marienfeld, Chair Walnut Lane Priorities: Site Plan The goal of this spreadsheet is to identify the Council's priorities regarding how the land is utilized for this project. Council Member 1 Council Member 2 Council Member 3 Council Member 4 Council Member 5 Council Member 6 Average Housing 3 2 3 2 2 2 2.33 High Priority = 3 Parking 2 3 1 1 3 1 1.83 Medium Priority = 2 Open Space 1 1 2 3 1 3 1.83 Low Priority = 1 Housing = Prioritizing space for housing units over parking and open space; EITHER: lower density and fewer overall units (less height, larger building footprints) OR higher density and overall more units (more building footprint, and possibly more height and/or mass) Parking = Prioritizing adequate parking over housing units and open space; units would likely be lower in density and/or taller in height to accommodate for adequate parking Open space = Prioritizing open space (and likely community amenities) over housing units and parking; units must either be fewer (requiring less parking) and/or taller in height Density considerations: Higher density leads to increased affordability and a better pro forma over time, but it also requires more parking spaces. Lower density requires less parking but makes each unit more expensive to build. As the Council considers proceeding with R-4 vs. PAD, it should consider the tradeoffs between density and parking. EXAMPLE ONLY Walnut Lane Priorities: Funding The goal of this spreadsheet is to identify the Council's priorities regarding how funding is prioritized for this project. Council Member 1 Council Member 2 Council Member 3 Council Member 4 Council Member 5 Council Member 6 Average Affordability 1 3 3 2 2 2 2.17 High Priority = 3 Sustainability 3 1 2 3 3 3 2.50 Medium Priority = 2 Amenities 2 2 1 1 1 1 1.33 Low Priority = 1 Affordability = Prioritizing maintaining the highest level of affordability for units over paying more for sustainability or community amenities Sustainability = Prioritizing sustainable design, construction, and O&M of project over affordable development or providing amenities Amenities = Prioritizing providing high quality indoor (communal kitchen, remote workspace, fitness equipment, etc.) and/or outdoor (playground equipment, gardens, rec equipment, etc.) amenities over affordability and sustainability Sustainability considerations: The design team is already planning on emphasizing sustainability in this project, as highlighted in the presentation to Council. This category represents support from Council for the design team to, if necessary, spend more on sustainable elements (and potentially sacrifice some overall affordability) in exchange for achieving Net Zero, Living Building Challenge, etc. However, it is also noted that increased investment in sustainable systems over time passes energy savings to tenants and property owner, as long as sustainable systems implemented are not complicated for O&M. EXAMPLE ONLY Moab City Council Agenda Item Meeting Date: June 23, 2020 Title: Discussion of Walnut Lane Priorities Disposition: Presentation and discussion Staff Presenter: Kaitlin Myers, Senior Project Manager Attachment(s): - Attachment 1: Example PDF of Walnut Lane Prioritization Sheet Recommended Motion: N/A Background/Summary: Since the issuing of the RFP for this project, Staff has prioritized including Council on key decision points for the Walnut Lane redevelopment project. As such, City Staff and Architectural Squared (“The Team”) are coming before Council to facilitate a discussion to identify the top priorities for master planning, acquiring funding, and performing other necessary predevelopment work. The Team has been working for several weeks on preliminary work for the master plan but has come to a few critical decision points; an understanding of the Council’s priorities will help move the project forward. Architectural Squared will first give a presentation to the Council like the one presented to the RFP Review Committee; the presentation will outline the Team’s initial priorities and will highlight several important challenges to address. After the presentation, the Team, led by Staff, will facilitate a discussion with Council to identify priorities, including the following: • For the master plan, Council is asked to prioritize the amount of land dedicated to housing units, parking, and open space. • For funding priorities, Council is asked to prioritize whether the Team should focus on emphasizing affordability, sustainability, or community amenities. Staff has included an example PDF in this packet to show Council the “Walnut Lane Prioritization” spreadsheet Staff will use to rank these priorities. As is shown in the example, Council members will be asked to rank each of the items respectively as a high, medium, or low priority to provide the Team with a clear list. It is important to note that the numbers reflected in this example were chosen at random and do not reflect projected priorities of the Council or the Team. Each of the three elements in each of these groupings are all high priority and are just as important as the others, and this project will only succeed if all the elements are included in the project. However, the Team developed this exercise to gain consensus amongst Council members about which priorities are most important. This exercise will help guide the Team as it proceeds, but more importantly, it is intended to be a guide to the Council as it reviews various master plans, responds to public comments, and allocates funding for the project. In particular, the ranking of land allocated in the site plan is currently critical to the Team because it will inform whether to proceed with developing this project utilizing the Planned Affordable Development (PAD) ordinance or the R-4 Manufactured Housing Zone. Though the City has always intended to develop this project with the PAD, the Team has discovered challenges written into the ordinance, namely with the parking requirements. On one hand, to reach the intended density for this project to reach affordability and as allowed by the PAD, the Team cannot reach the parking spaces required. On the other, by proceeding in the R-4, the Team cannot reach the intended density, which will heavily impact the affordability of this project – both for current and future residents and for the City’s return on investment – but it will provide the required parking spaces. The Team will further explain this element of the discussion during the presentation portion of this item. Moab City Council Agenda Item Meeting Date: June 23, 2020 Title: Approval of Special Event Permit and Special Use of City Park for a Fourth of July Celebration Date Submitted: June 8, 2020 Staff Presenter: Joel Linares Attachment(s): Special Event Application Options: Approve, deny, or modify. Recommended Motion: I move to approve Special Event Permit for a Fourth of July Celebration. Background/Summary: This is a community event to host an outdoor market through the summer months of 2020, ending in September. This will also serve as a celebration of the fourth of July, Independence Day. We will adhere to the CDC guidelines regarding our color category at the time of the event. The City will collaborate alongside Southeast Utah Health Department for this event. )AB UTAH SPECIAL EVENT CHECKLIST 217 East Center Street, Moab, Utah 84532 Complete applications must be submitted to the City not less than ninety (90) days before the event is scheduled to take place. Applications submitted to the City less than ninety (90) days will not be accepted by the City. ❑ 1. Complete Special Event Application. ❑ 2. Detailed Event Site Plan. Must include Street Names, Placement of Barricades, Road/Sidewalk Closures, Vendor/Merchant Parking, Vendor Booth Placement, Inflatables, Amusement Devises, Table Placement, Portable Toilet Placement, Fencing, Tents Placements, etc. ❑ 3. Security Plan. Must provide Names of Security Personal, Ages and Contact information. ❑ 4. Proof of Insurance naming the City of Moab as additional insured. Insurance is required when the event is held at a City Facility, Park, Road Closure or Sidewalk Closure. (Please see the example insurance certificate for amounts of insurance coverage and language required to be on the insurance certificate.) ❑ 5. Insurance for each vendor naming the City of Moab as additional insured. Insurance is required when the vendor is vending at a City Facility or Park. (Please see the example insurance certificate for amounts of insurance coverage and language required to be on the insurance certificate.) ❑ 6. Proof of Park Reservation or City Facility Reservation. ❑ 7. Encroachment Permit Application and Plan. (Required for Road/Sidewalk Closures.) ❑ 8. Written Authorization for Events held on Private Property from the Property Owner. ❑ 9. Temporary Sales Tax Number for Event and Vendors. Please contact State of Utah Special Events Tax Division 801-297-6303. ❑ 10. Health Department Approval for Any Food Provided at the event. Southeast Utah Health Department 575 S. Kane Creek Blvd., Moab, UT 84532.435-259-5602. ❑ 11. City Use Agreement (Is required for certain City properties. City will provide the Agreement if required.) ❑ 12. Applicable Fees. ❑ 13. Other Requirements: Review Process Information The application will be submitted to the event committee for their recommendation of approval. The applicant will be contacted by the City with comments/concerns from the event committee. Comments/concerns of the committee must be resolved by the applicant prior to the City approving the event permit. City Council approval is required for Single Event Alcohol Permits. Questions, please contact Carmella Galley at 435-259-5121 or by e-mail at events@moabcity.org. 1 Date Received Application: Receipt Number: SPECIAL EVENT PERMIT APPLICATION CITY OF MOAB City of Moab Special Events 217 East Center Street Moab, UT 84532 Date Paid Amount Paid: 0171 OF MOAB Phone: 435-259-5121 E-mail: events®moabcity.org APPROVALS: City: Date: Fire: Date: Conditions of approval: Other Staff Approval: Date TYPE OF ACTIVITY check all that apply: ❑ Cycling ❑ 5K ❑ Training Event 0 Film Production ❑ Parade ❑ Sporting D 10K t, Block Party ❑ Outdoors Sales ❑ Fun Run ❑ Dance N Other Ole (AO IIdtCI� Festival Religious Please print or type EVENT NAME: 1. Location of Event: 2f 1 S Cp--e - StY j 2. Location of Event: 3. Name of Organization: G�-t b NA Dab 4. Date (s) of Event: - 1J , '��Z�)`'j %4lp\2D Start Date: 11 NO Start Time: 5. EVENT DETAILS ``rOV Y ; LI 127 IN 1 "1 11 1 11LU Event Location Date(s): 1 \ l,' 1VD Start time: End time: Set-up 2 1 Start time: 4 pro End time: % ... 0 F Clean-up Date(s): -A1 ,'1(7 Start time: D'• on End time: ci-.2-Aom End time: Event Location Date(s):111;2)1/0 —CI t12J tart time: Set-up Vte4a : L#\ Or) Start time: p End time: % pprN Clean-up Date(s):1\')) 7J) - —I 110,-0 Start time: D Y in End time: q Ppn Is this a recurring event? \Q% Is this an Annual Event? If yes; daily, weekly or other? bi - w e e'er ,` If yes; same date and place? 5. PARTICIPANTS Number of participants expected: zoo Number of Volunteers/Event Staff: 10 ix Open to the Public 0 Private Group/Party If event is open to the public, is it: ❑ Entrance Fee/Ticketed ❑ Fee for Participants/ Event? O Racers/Runners Only 2 6. APPLICANT INFORMATION Name of Applicant: l � ` v U U cu1Cf Address: 11 1 C OD K1 Day Phone: Gill) - (Q 140-C_-1254 Cell/Other: Mailing Address (if different): E -Mail: 1 hot Event Web Address (if applicable): (v, Sai-kc .0Y C.) M� Alternate Contact For Event: ea J Cel lother: 319 -5z1_5(61 Cell Phone/Other: E-mail: Mbal atup IA 0 411,1-11 VC\ Vcs Sidewalk Use 11 Parade 7. VENDORS/FOOD/ALCOHOL check all that apply Tax N bers are required from State Spe . Event Tax Division 801-297-6303 Vendors/Merchants Are Vendors Merchants Selling Products or Services? V No If yes, Temporary Sales Is Food available at the event Is the food (please check all that apply) Given away Catered by restaurantsNendors cared on site Events which have Food available must contact the SE Utah Health Dept., for approval 435-259-5602 I I Alcoholic Beverages will be available at the event KYes U No Please check applicable b\� ti� --� A ZO �1c --1\1 11° —1 • . 1) Beer Stands F nced in Beer Garden Selling, Serving, Giving Away, Alcohol at an event requires City Council, and State Of Utah Department of Alcoholic Beverage Licensing for state approval 801-977-6800 8. TENTS/STAGES/STRUCTURES (include details on site map) ❑ Tents/Pop-up Canopies I'Yes ❑ No How many Tents/Pop-up Canopies will be used for the event? Z Dimensions of Tents/Pop-up Canopies: 10 NA. \D All Enclosed Tents and Pop-up Canopies require inspections from the Moab Valley Fire Department 435-259-5557 and may be staked into the ground with Parks Superintendents permission. 0 Temporary Stage Dimensions: bE a pop +brQhadd Description of Tents/Canopies/Stale, etc.: 9. SITE SETUP/SOUND check all that ap ly (please include details on site map) Fencing/Scaffolding 1.,t�- C�� 1 - `"�4Y i (must obtain privately) Barricades V (must obtain privately) Portable Sanitary Units (must obtain privately) Music if yes, check all that apply [ Acoustic 1 X Amplified PA/Audio System e/Descri tiidh: Y �'P P Fireworks / Fire Performances / Open Flame Requires approval from Moab Valley Fire Dept. (435) 259-5557 Propane/Gas On site Requires approval from Moab Valley Fire Dept. (435) 259-5557 Trash/Recycle Bin coordination On Site Monument Waste (435) 259-6314 10. ROAD & SIDEWALK USE please include details on site map 0 Will Roads & Sidewalks Be Used? 71 Yes 0 No 0 Are you requesting Road Closures? /: Yes 0 No An Encroachment Permit is required for Road Closures and Sidewalk Use. To obtain the permit, please contact Moab City Public Works Dept., 435-259-7485. Road Use and Closure Location: Z Location: 1 E C.l. W S`jree f- , m Will stay on sidewalks and follow pedestrian laws Number of Floats: Location: 11. Application fee is based on attendance as followed: Due at time of submittal (Other fees may apply after review by Events Committee) ❑ $466.00 for attendance under 300 • ❑ $820.00 for attendance over 300 Mould Total: $ CJ Nerrh- By submitting a signed application, the applicant certifies that falsifying any information on this application constitutes cause for rejection or revocation of the Permit. Print Applicant's Name Applicants Signature D . to 4 EVENT DESCRIPTION PLEASE DESCRIBE YOUR EVENT IN DETAIL ADD ANY ADDITIONAL INFORMATION OR PAGES • Please be sure to include any elements of your event that will help with the approval of the event. A time -line of the event would also be helpful. t'Mctv-V.6 on Canur 3il,1\' O1kyii mp1Q,l1'I- I►1 baIIpi2rI g % pm V�Y S t -k-4 Q fpm Oburci-W 1%-\-ttuui from (--4 pm to qi 3D Prrl )1,(AA /3 3 , Vijdo P, 4pvn ACiuul evwn{- From ?1) % xJI G,(cohal 1a-t)r, �e Vunilov gtA C 44p RcfivaA \1x.10c o��^ 5 pm to %Pm Au�'La ranrlov Set-u.Q@ Upm tke_A-u.CAA went "Wnm 5xrn t gin qui 3 \MAK Se,+ U.() Upm RCtuoA EuAJAt 5pm 1-0 fSpm n Uoctbv QQA - LILA) a L\ pry, NcAucti \A.QA wpm to Apn DETAILED SITE MAP PLEASE INCLUDE OR ATTACH A DETAILED SITE PLAN AND/OR ROUTE MAP. COMPUTER OR HAND -DRAWN SITE PLANS ARE APPROPRIATE. Be aware that if you are faxing a map, many elements may not be visible. Your map should include: The names of streets, placement of barricades, and/or road closures The areas where participants and vendors/merchants will park Parade forming and disbanding areas, bleachers, etc. Vendor and booth placement, tables, etc. Portable Toilets, fencing Location of Security Personal, information booth, lost and found booth Stage, Tents and materials, storage, etc. used in the event. North t SQL, Mee eq u 2S�h n q Sivt C-1oStk.f2 fi'D t>'? S utn Just S\dz O 'f C,itti curter b-\-\\ \rvd and. fh by 1 6 SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. bh'\Ci,<v\r/..C� A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: DATE(S) OF EVENT: BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID 09/08/03 SoMHEAST UTgy HEALTH DEPARTMENT Special Event Name: Primary Contact: Phone: Secondary Contact: Phone: Dates of Operation: Price: Tel: 435.637.3671 Location: Moab: Tel: 435.259.5602 http://www.seuhealth.com Email: SPECIAL EVENT FOOD SERVICE PERMIT APPLICATION The Southeastern Utah Health Department has adopted by reference the current State of Utah, Department of Health, Food Service Sanitation Rule R392-100. The Health Department requires that the special event be responsible for ensuring compliance by food vendors. The Health Department requires that every food booth/truck have at least one person with a valid Food Handlers certificate present during all hours of operation. The Food Service Sanitation Rule requires all food booths to be available for inspection during all hours of operation by the health department. One to Three Day Events Number of Food Vendors Event Plans to Have: X $20.00 Greater than Three Day Events Number of Food Vendors Event Plans to Have: X $50.00 Make Checks Payable to SEUHD Carbon or Emery County Events Mail to: P.O. BOX 800, Price Utah, 84501 Grand County Events Mail to: 575 S. Kane Creek Blvd., Moab Utah, 84532 EVENT MUST PROVIDE A LIST OF VENDORS AND THEIR CONTACT INFORMATION AS WELL AS THEIR MENU ONE WEEK PRIOR TO THE FIRST DAY OF THE EVENT Signature: Date: Temporary Food Permit Guidelines and Operational Requirements Temporary Permits: • Must have at least one person onsite during hours of operation with a current valid food handler's card. We encourage everyone that handles food to have a valid food handler's card. • All staff in food service with seasonal/extended seasonal permits must have approved food handler's training. Food Protection: Food must be protected using acceptable methods including the following: • Maintained at proper temperatures. • Time as a control shall not be utilized. • Raw animal products shall be stored in separate containers. • Ice used as food shall be stored separately from other products. • Kept in lidded containers. • Individually wrapped or covered. • Enclosed in service containers. • Use of a display plate (not for sale or consumption) may be allowed. Hand Washing: • Hand washing is required • Bare hand contact with ready to eat foods is prohibited. • At least 5 gallons of culinary/potable water shall be readily available in clean containers. • The container shall have a spigot that allows for continuous flow of water. • Hand wash stations that utilize a foot pump may be allowed. • Liquid soap and paper towels are required. • Hand wash waste water must be properly disposed of. Plumbing: • A food vendor that does not have a commissary must provide means for ware washing using a three compartment system of sinks or approved bins. • Waste water must be properly disposed of. Utensils/Scoops: Acceptable methods for use of utensil/scoop storage must be listed on the application. Acceptable methods include: • Stored in product with handle out of product. • Multiple utensils/scoops may be kept available • Properly cleaned (washed, rinsed & sanitized) utensils may be reused if cleaned at least every hour. • Stored in water that is at least 135 Degrees F. Equipment: • Food storage containers and utensils shall be kept* clean and sanitized until use. • Utensils/single-service items shall be stored at least 6 inches off the ground. • A canopy is required for the booth/stand. • A solid floor may be required at the discretion of the health department. • All equipment (including grills, utensils, other appurtenances) shall be made of food grade materials. • Use of canned solid fuel is prohibited. Solid Waste: • Approved containers shall be provided for food operations and for patrons to dispose of wastes. They shall be routinely emptied as necessary to approved waste disposal facilities. • Grease and oil shall be disposed of properly; not on the ground or into a storm drain. Booth Structure: • Minimum isolations distances of 100' must be maintained from potential sources of contamination (i.e. portable toilets, animals, etc.). • A canopy may be required for the stand at the discretion of the health department. • Walls and a solid floor may be required at the discretion of the health department. • Lighting (using shatterproof bulbs) may be required at the discretion of the health department. • A barrier shall be provided to isolate food cooking, preparation and serving areas from public access. ACORD „r CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD(YYYY) PRODUCER Insurance Producer Name, Address, Phone number INSURED Insured name or DBA with address THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. • Agency INSURERS AFFORDING COVERAGE NAIC # Information with 11.A252_,* R A: Name of Insurance Company e. INSURER B: Al must be included INSURER C: INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENV,WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINIS St1BJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITSSHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. INSR ADD'L POUCY POLICY EFFECTIVE POUCY EXPIRATION I LIMITS LTR NSRD TYPE OF INSURANCE DATE IMMIDDIYYI DATE IMMIDDIYYI x GENERAL LIABILITY Type of Insurance COMMERCIAL GENERAL LIABILITY and included Coverage j CLAIMS MADE OCCUR :' J GEN'L AGGREGATE LIMIT APPLIES PER. POLICY PRO-JECT 'I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UABIUTY ZANY AUTO EACH OCCURRENd .:. DAMAGE TO RENTED • -I----•'—'-' PREMLSE.Sr.'.ch,m..o...-..•�+-.�� Limits of Coverages P (Any one person)___ PERSONAL & ADV INJURY GENERAL AGGREGA3,0II : I $ 3,000,000.00 PR TS- COMP/OP AGG 1S kOMBINED SINGLE LIMIT J(Ea accident) 'BODILY INJURY (Per person) 'BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EXCESS/UMBRELLA UABILnY 1 OCCUR ;LANSMADE IDED UCTIBLE RETENT10tif S RKERS COMPENSATION AND PLOYERS' LIABILITY NY.PROPRIETORIPARTNER/EXECUTrv'2: ?.; RIMEMBER EXCLUDED? describe under SPECIAL ,.01SIONS beloN ::OTHER: Property Qappacl.e DEBr »gN OFQ$)BATIONS I LOCAT%Qf(S 1 VEHIPLES /EXCLUSION) DDED BY ENDORSEMENT 1 SPECIAL PROVISIONS City ofttittitgels listed as an Witional Insured with respect to (name of insured) participation in: (name, date, and location of event) The City of Ale is Primary & Non -Conti iltory for ongoing & Complete Operations; a Waiver of Subrogation applies in favor of the City of Nbidite. A 30 day Notice of Cancellation y `ttbe provided should any of the above described policies be cancelled before the expiration date. AUTO ONLY - EA ACCIDENT S POTHER THAN AUTO EA ACC S ONLY Ar,cz S (EACH OCCURRENCE S AGGREGATE S S ( Descriptions of Il Operations Verbiage WC STATU-TORY LIMITS. - OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EAEMPLOYEE S EL. DISEASE - POLICY LIMB $ EACH OCCURRENCE $ 286,900 7 CERTIFICATE HOLDER City of Moab 2V East Center St. Moab, Utah 84532 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE \THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. rj Signature of Agent I AUTHORIZED REPRESENTATIVE )11/0 SAThd WO -3- t,r)Y) -A5nm pu-v1 swoQ.AN-n uintstar Manageme MAP Overview d• Center Street Ballparks MAP Detail Beer Sales & ID Check EventBoundary VENDORS VENDORS cohol Monitors Bea salees booth & ID dieck Vendor Booths Utah’s Low Risk Phase What does it mean and what can you do? General guidelines: 50orfewer Groups of Pools open with social distancing. Moving to yellow Utah’s eorts to slow the spread of COVID-19 have been working. Finding a new normal won’t be instant, like ipping a switch, it’ll be more like gradually moving a dial. Continue to follow the public health protocols for Low Risk (yellow) to keep the dial moving forward and to prevent it from turning back. High-risk individuals operate under stricter instructions because they are more likely to suer severe illness from COVID-19. H I G H MO DE R A T E LO W N E W NORMALRISK Spacing between household groups, multiple meeting schedules for smaller gatherings and stream services if preferred. 6-foot distance between household groups at events & entertainment venues. Symptom check prior to team sport competitions or practices. CHURCH Social gatherings in groups of 50. K-12 schools reopening anticipated for 2020/2021 school year. Maintain social distancing in public settings. Face coverings worn when social distancing is dicult to maintain. Find detailed guidelines for individuals and businesses at Coronavirus.Utah.gov All businesses open and take reasonable precautions. Dine-in service open with appropriate social distancing and hygiene measures. Encourage exible work arrangements, follow hygiene guidelines, and continue social distancing in the workplace. General guidelines for businesses: Children:High-Risk Individuals: Face coverings worn in settings where other social distancing measures are dicult to maintain For any travel, use appropriate precautions; avoid high-risk areas Telework if possible, if not, maintain 6-foot distance When visiting friends or family, wear face coverings when within a 6-foot distance Limit physical interactions with other high-risk individuals, except for members of your household or residence Social interactions in groups of 20 or fewer people outside your household or residence Limit visits to hospitals, nursing homes, or other residential care facilities Maintain social distancing in public settings All symptomatic children should stay home from childcare, and will be sent home if exhibiting any symptoms Limit child interaction with other children in public spaces (e.g. playground equipment)