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PKT-CC-2020-07-28
JULY 28, 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 COVID -19 Updates Approval of Minutes Minutes: July 14, 2020 Regular Meeting min -cc -2020 -07 -14 draft.pdf Mayor and Council Reports Administrative Reports 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 July 28, 2020. Please limit your comments to 400 words. New Business Approval of Change Orders for and Briefing on North Sewer Line Project Construction Briefing and possible action approval of change orders for and briefing on north sewer line project construction agenda summary.pdf attachment 1 - hank williams, inc. change orders nos. 1 through 3.pdf Improving ADA Accessibility to Downtown Recreation Facilities Project Construction Contract improving ada accessibility to downtown recreation facilities project construction contract agenda summary.pdf attachment 1 - bid tabulation.pdf Proposed Ordinance 2020 -12: An Ordinance Approving a Zoning Map Amendment for property owned by James Nelson, located at 191 Walnut Lane Moab UT 84532, amending the split zoned parcel from R -2 Single -Household and Two -Household Residential Zone and R -4 Manufactured Housing Residential Zone, to Only R -4 Manufactured Housing Residential Zone; and Amending the City of Moab Official Zoning Map Briefing and possible action cc nelson court rezone agenda summary 072820.pdf exhibit 1 ordinance 2020 -12 nelson court rezone.pdf exhibit 2 recorded plat zoom.pdf exhibit 3 updated parcel survey.pdf exhibit 4 context zoning map.pdf exhibit 5 vicinity map.pdf Discussion and Direction - Temporary Outdoor dining due to COVID 19 cc agenda summary temporary outdoor dining.pdf exhibit 1 emergency -proclamation-no -11 -outdoor -dining -and - retail112.pdf exhibit 2 temporary outdoor dining park city.pdf exhibit 3 covid_temporaryoutdoordining minnitonka.pdf exhibit 4 telluride outdoor dining instruction packet.pdf Request for City Council direction on establishment of City administrative procedures for a change in use of City real property in non -emergency situations Discussion and request for direction agenda summary regarding procedures for change in use of city property.pdf attachment 1 -uca 10 -9a -102 purposes --general land use authority..pdf attachment 2 -moab municipal code 17.72.250.pdf attachment 3 -moab municipal code 17.72.100.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1. 1.1. 2. 3. 3.1. Documents: 4. 5. 6. 7. 7.1. Documents: 7.2. Documents: 7.3. Documents: 7.4. Documents: 7.5. Documents: 8. 9. JULY 28, 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 AttendanceCOVID-19 UpdatesApproval of MinutesMinutes: July 14, 2020 Regular Meetingmin-cc -2020 -07 -14 draft.pdfMayor and Council ReportsAdministrative ReportsCitizens 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 July 28, 2020. Please limit your comments to 400 words. New BusinessApproval of Change Orders for and Briefing on North Sewer Line Project ConstructionBriefing and possible action approval of change orders for and briefing on north sewer line project construction agenda summary.pdf attachment 1 - hank williams, inc. change orders nos. 1 through 3.pdf Improving ADA Accessibility to Downtown Recreation Facilities Project Construction Contract improving ada accessibility to downtown recreation facilities project construction contract agenda summary.pdf attachment 1 - bid tabulation.pdf Proposed Ordinance 2020 -12: An Ordinance Approving a Zoning Map Amendment for property owned by James Nelson, located at 191 Walnut Lane Moab UT 84532, amending the split zoned parcel from R -2 Single -Household and Two -Household Residential Zone and R -4 Manufactured Housing Residential Zone, to Only R -4 Manufactured Housing Residential Zone; and Amending the City of Moab Official Zoning Map Briefing and possible action cc nelson court rezone agenda summary 072820.pdf exhibit 1 ordinance 2020 -12 nelson court rezone.pdf exhibit 2 recorded plat zoom.pdf exhibit 3 updated parcel survey.pdf exhibit 4 context zoning map.pdf exhibit 5 vicinity map.pdf Discussion and Direction - Temporary Outdoor dining due to COVID 19 cc agenda summary temporary outdoor dining.pdf exhibit 1 emergency -proclamation-no -11 -outdoor -dining -and - retail112.pdf exhibit 2 temporary outdoor dining park city.pdf exhibit 3 covid_temporaryoutdoordining minnitonka.pdf exhibit 4 telluride outdoor dining instruction packet.pdf Request for City Council direction on establishment of City administrative procedures for a change in use of City real property in non -emergency situations Discussion and request for direction agenda summary regarding procedures for change in use of city property.pdf attachment 1 -uca 10 -9a -102 purposes --general land use authority..pdf attachment 2 -moab municipal code 17.72.250.pdf attachment 3 -moab municipal code 17.72.100.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder ’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org 1.1.1.2.3.3.1.Documents:4.5.6.7.7.1.Documents: 7.2. Documents: 7.3. Documents: 7.4. Documents: 7.5. Documents: 8. 9. JULY 28, 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 AttendanceCOVID-19 UpdatesApproval of MinutesMinutes: July 14, 2020 Regular Meetingmin-cc -2020 -07 -14 draft.pdfMayor and Council ReportsAdministrative ReportsCitizens 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 July 28, 2020. Please limit your comments to 400 words. New BusinessApproval of Change Orders for and Briefing on North Sewer Line Project ConstructionBriefing and possible actionapproval of change orders for and briefing on north sewer line project construction agenda summary.pdfattachment 1 - hank williams, inc. change orders nos. 1 through 3.pdfImproving ADA Accessibility to Downtown Recreation Facilities Project Construction Contractimproving ada accessibility to downtown recreation facilities project construction contract agenda summary.pdfattachment 1 - bid tabulation.pdfProposed Ordinance 2020 -12: An Ordinance Approving a Zoning Map Amendment for property owned by James Nelson, located at 191 Walnut Lane Moab UT 84532, amending the split zoned parcel from R -2 Single -Household and Two -Household Residential Zone and R -4 Manufactured Housing Residential Zone, to Only R -4 Manufactured Housing Residential Zone; and Amending the City of Moab Official Zoning MapBriefing and possible actioncc nelson court rezone agenda summary 072820.pdfexhibit 1 ordinance 2020 -12 nelson court rezone.pdfexhibit 2 recorded plat zoom.pdfexhibit 3 updated parcel survey.pdfexhibit 4 context zoning map.pdfexhibit 5 vicinity map.pdfDiscussion and Direction - Temporary Outdoor dining due to COVID 19cc agenda summary temporary outdoor dining.pdfexhibit 1 emergency -proclamation-no -11 -outdoor -dining -and -retail112.pdfexhibit 2 temporary outdoor dining park city.pdfexhibit 3 covid_temporaryoutdoordining minnitonka.pdfexhibit 4 telluride outdoor dining instruction packet.pdfRequest for City Council direction on establishment of City administrative procedures for a change in use of City real property in non -emergency situationsDiscussion and request for directionagenda summary regarding procedures for change in use of city property.pdfattachment 1 -uca 10 -9a -102 purposes --general land use authority..pdfattachment 2 -moab municipal code 17.72.250.pdfattachment 3 -moab municipal code 17.72.100.pdfApproval of Bills Against the City of MoabAdjournment 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 1.1.1.2.3.3.1.Documents:4.5.6.7.7.1.Documents:7.2.Documents:7.3.Documents:7.4.Documents:7.5.Documents:8.9. Page 1 of 6 July 14, 2020 MOAB CITY COUNCIL MINUTES REGULAR MEETING JULY 14, 2020 The Moab City Council held its Regular Meeting 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/pmn/index.html. A video recording is archived at https://www.youtube.com/watch?v=wA35BaF6yog. REGULAR CITY COUNCIL MEETING 7:00 P.M. Regular Meeting—Call to Order and Attendance: Mayor Niehaus called the Regular City Council Meeting to order at 7:00 p.m. Participating remotely were Councilmembers Karen Guzman-Newton, Tawny Knuteson-Boyd, Rani Derasary, Mike Duncan, and Kalen Jones. City staff participating remotely were City Manager Joel Linares, Assistant City Manager Carly Castle, City Attorney Laurie Simonson, and City Recorder Sommar Johnson. Planning Director Nora Shepard joined the meeting at 8:17 p.m. Also participating remotely was Bradon Bradford from Southeast Utah Health Department, and Rebecca Mann and Makeda Barkley with Moab Community Gardens joined the meeting at 8:55 p.m. COVID-19 Update: Bradon Bradford from Southeast Utah Health Department provided an update regarding COVID-19 cases in Grand County. He said the surge in cases in Grand County can be attributed to two separate events but several of those that tested positive will be cleared in the coming days. He said individuals should get tested five to seven days after exposure for the most accurate results and Grand County has a fairly high testing rate compared to the rest of the state. He also said they are seeing more positive cases that are not residents of Grand County and they are working to adjust their website to include those numbers. He said the Governor issued a mask mandate for employees and students on the campuses of K-12 schools and there will be an official order clarifying that information for our school district and community members. Councilmember Derasary asked about the mask posting requirement and Mr. Bradford confirmed that businesses are required to post signs about mask requirements. Councilmember Derasary asked if the Health Department will hold another testing event and Mr. Bradford said they hope to hold another before school starts. Councilmember Guzman-Newton asked how many individuals they tested at today’s event and Mr. Bradford said approximately 160-170. Councilmember Knuteson-Boyd asked about what “recovered” means and asked if someone could be recovered and still contagious. Mr. Bradford said they are following the CDC guidelines for “recovered” which is 14 days from the date of diagnosis or symptom onset or 10 days from symptom onset if they have had zero symptoms for three days and they would not be considered infectious once they are recovered. Councilmember Knuteson-Boyd also asked who should be tested and the average turnaround time on results. Mr. Bradford said anyone with symptoms of COVID-19 can be tested as well as anyone that is a contact of a positive case. He said the testing turnaround time is approximately four days. Open and Public Meetings Act Training City Attorney Simonson provided the required annual Open and Public Meetings Act Training for Councilmembers and staff. Approval of Minutes: May 29, 2020—Approved Motion: Councilmember Guzman-Newton moved to approve the minutes for June 9, 2020, Page 2 of 6 July 14, 2020 June 23, 2020, and June 25, 2020. Councilmember Derasary seconded the motion. Discussion: Councilmember Derasary said she sent a few things to City Recorder Johnson which have already been corrected. Vote: The motion passed 5-0 with Councilmembers Derasary, Jones, Duncan, Knuteson-Boyd, and Guzman-Newton, voting aye in a roll call vote. Mayor and Council Reports: Mayor Niehaus reported attending a Water Quality Board meeting, Governor’s Rural Partnership Board meeting, Utah Office of Recreation meeting, the second Regional Transportation Plan Stakeholder meeting, participated in a Climate Mayor’s Peer Network meeting, meeting with the Police Department, Grand County Economic Development Advisory Board meeting, Millcreek Community Collaborative meeting, Waterford Upstart free preschool meeting, CAST Mayor’s meeting, and an SBA Roundtable. Councilmember Derasary reported attending the June 25 Council workshop regarding the Walnut Lane project, a June 25 EMS Special Service District meeting, and reported many upcoming meetings including an EMS meeting on July 20, Moab Tailings Pile Steering Committee meeting on July 28, and a System of Care Regional Advisory Committee meeting on July 15. Councilmember Duncan reported attending Water Board meetings and Hotspot focus group meetings. Councilmember Knuteson-Boyd reported attending a Canyonlands Health Care Special Service District meeting and participating in interviews with Tanner Curtis from the University of Utah studying gateway communities during COVID-19 and Bobby McGill from Bloomberg News asking about the mineral leases. Councilmember Guzman-Newton reported attending a Chamber Board meeting, Airport Board meeting, participating in an interview with the University of Utah grad students, joining the Economic Task Force Town Hall, and participating in the ULCT Economic Impact Town Hall. Councilmember Jones reported attending an Arches Hotspot subcommittee meeting, Housing Task Force meeting, Moab Dark Skies meeting, Regional Transportation Planning meeting, and Solid Waste Special Service District Board meeting. Administrative Reports City Manager Linares reported on a microburst storm that damaged the salt shed at the City Shop where the southern wall was blown off entirely. He thanked the Rotary Club and Dan Mick for replacing the fence along the edge of the Rotary Park. He reported that the MRAC will begin lap swim on Sundays from 11 a.m. until 1:30 p.m. and hopes to reopen the gym on Friday by reservation only but that is as expansive as we can go financially. He reported that the UDOT highway widening project continues on schedule and thanked Ryan Anderson with UDOT for being responsive to citizen concerns. Councilmember Derasary asked about a COVID-19 budget update and fireworks regulations. City Manager Linares said updated sales tax information was still a week away and hoped to have an update by the next meeting and said state law mandates how fireworks are governed but the League may be working on legislative changes. Planning Director Shepard said she was approached by a restaurant owner on Center Street about putting outdoor seating on the City streets and said normally it would require a legislative action to change the code but many communities in Utah, Colorado and all over the country have adopted the ability for temporary outdoor dining as a COVID-19 business strategy. She said Page 3 of 6 July 14, 2020 it would be a temporary use that could be administered at a staff or administrative level to allow creative outdoor dining opportunities to get people outside and maintain social distancing and wanted feedback from the City Council to determine if they were interested in developing an administrative process to temporarily allow this type of use. She noted that the Council may hear complaints from other businesses, property owners, or Moab if there is a less than public process to allow the temporary use and said other items liability concerns need to be discussed including safety, storm drainage, and encroachment agreements. She also noted that the concept may conflict with the hotspot funding to create more parking off Main Street. Mayor Niehaus asked if the Council was comfortable with staff moving forward in developing parameters for this idea and bringing it back at the next meeting and also asked the Council about timelines for the permits. Councilmembers generally supported staff developing parameters but had questions about fairness and equity to other businesses. Planning Director Shepard said it should just be for restaurants at this point and City Manager Linares agreed and said restaurants were one of the hardest-hit businesses during COVID-19. He asked if the Council was interested in limiting the days of the week that the streets can be used and asked what kind of process the Council would like to follow in creating the parameters to allow the use of city streets for outdoor dining. Councilmember Jones expressed his support for moving fast and experimenting with the idea and potentially restriping some streets and welcomed a draft of the proposal at the next meeting. Councilmember Duncan seconded the suggestions of Councilmember Jones with an experimental approach and did not feel there was a conflict between hotspot parking and the outdoor dining proposal. Councilmembers asked if restaurants on Main Street would be allowed to have seating on the sidewalk or street and City Manager Linares said because Main Street is a UDOT right-of-way we do not have the authority to allow the use of their property without their permission. City Manager Linares asked the Council what days of the week they would like it to be allowed. Councilmember Knuteson-Boyd and Mayor Niehaus liked the idea of Thursday through Sunday, Councilmember Jones liked the idea of including Monday, Tuesday, and Wednesday. Councilmembers Duncan and Guzman-Newton agreed with Councilmember Jones. Citizens to be Heard: Mayor Niehaus summarized the process for submitting Citizens to be Heard comments and said that twenty-six comments were received for this meeting. James H. Wright said, “It seems there is a secrecy surrounding this issue. Why is that? What I see is, at best, a shell game being perpetrated on our Neighbors who live near the proposed site! Please, take another look at the alternative sites. Bike parks can be located anywhere but once this proposed site is destroyed, it will take generations to right the wrong.” Judith Rousso said, “please reconsider the location of the bike park. Don't pave paradise. That area is enjoyed by many citizens for it's quiet and trees. perhaps you should have asked for citizen input earlier in the process.” Susan McDowell said. “Although the Bike Skills Park is a nice idea, the location suggested is NOT. I live in the county, but have occassionally had my lunch near that peaceful section of the trail. In this current heat wave, how can anyone possibly be considering cutting down any lovely old shade trees? Please reconsider the location, I sure there are plenty of other places, especially if they are going to draw the tourists!” Sara Melnicoff said, “There is widespread dismay across the community about the location of the bike skills park. Many who supported it are now rescinding support as they get the full Page 4 of 6 July 14, 2020 picture. Please! Don't tear the community apart over something that never should have been permitted in this location in the first place. Moving this to Swanny or Anonymous is a win-win. Savings on grading costs and archaeological surveillance will mitigate the change of location expenses. Experts agree - the skills equipment can be easily set up anywhere. Moab Solutions pledges $5,000 to help offset costs and will do everything possible to raise more funds to help cover any losses to the city. Mayor Dave wrote this on my behalf, and I hope it settles the issue of my partnership with the city. I will be submitting another statement from a 16 year member of the council, Bishop Gregg Stucki. Dave wrote: July 14, 2020, To whom it may concern, As Mayor in 2004 I do recall a meeting, workshop or pre-council meeting with Sara representing Solutions and her work on the Millcreek Parkway. From that meeting we agreed to work in concert to form the Friends of the Parkway in order to maintain and support the parkway that has become a signature asset of this community. It provides a recreational opportunity that highlights the serene natural beauty and environment that is used by hundreds of people on daily basis. And thanks to this partnership it is well maintained and a gem not only for residents but many visitors as well. David Sakrison, Former Mayor. I would like to commend Mike Duncan for showing what integrity means. His call for a public hearing shows great respect for, and sensitivity to, an issue that is causing distress for many. I wish one other council member had stepped up to allow for a public hearing. We deserve to be heard.” New Business: Proposal to develop a Moab Community Garden at Anonymous Park Briefing and possible action – Tabled Discussion: Assistant City Manager Carly Castle explained that Moab Community Gardens submitted a proposal to develop a community garden in the northwest corner of Anonymous Park and wanted to determine if the Council is interested in allowing the proposal to continue the process. She provided some background information on the process to this point and said if the Council is interested in pursuing the idea, she would like feedback on the preferred site and the public engagement process for the project. Rebecca Mann and Makeda Barkley provided the Council with a presentation about the history of the Resiliency Hub and the proposed location of the community garden and asked for their feedback on the next steps for the project. Councilmember Jones said he supports the idea but would like to hear public comments and is hesitant to commit funds for water every year. He feels they should utilize the community contribution process for their water. Councilmember Duncan also said he was also reluctant to commit funds for water but suggested the community contribution process and said he was curious about how parking and access would work. Councilmember Knuteson-Boyd also expressed concern about an ongoing water bill commitment and feels they should be responsible for the water bill. She also encouraged them to reach out to neighbors to let them have a say in the process. Assistant City Manager Castle indicated many of the questions asked by Councilmembers would be part of the public engagement process. City Manager Linares said it sounded like Councilmembers were interested in the project but the Council would like to see engineering design for access, parking, and water lines; a public process for getting input from the neighbors; and an MOU that addresses the water cost and a term of years. Councilmember Guzman-Newton asked about the timing of the proposal and Assistant City Manager Castle said it was different from a community contribution because it is a request to use city property. City Manager Linares explained that the proposal was before them because they did not want it to get too far along without the support of the Council. Councilmember Guzman-Newton said she supports the idea of allowing them to use the property but is not in favor of obligating the City to fund their water. Councilmember Derasary said she was not against a community garden but cannot advocate for it without more information. She expressed her concerns about not having a process in place to determine how city property is used and making sure the process is fair and equitable. She said for her to weigh in she needs to see the different city properties that were Page 5 of 6 July 14, 2020 discussed, how this location floated to the surface, and make a stronger case of why this is not an example of community contributions. She expressed her support of community gardens and the social networking and skills that it builds but felt it was her obligation to the people who voted for her to have a process in place for repurposing City property. Mayor Niehaus said she is supportive of city resources assisting in the development of the property but anything beyond that would not be equitable and it should go through the community contribution process. Motion and vote: Councilmember Derasary moved to table this until we have a process. Councilmember Guzman-Newton seconded the motion. The motion passed 4-1 with Councilmembers Derasary, Knuteson-Boyd, Guzman-Newton, and Duncan voting aye and Councilmember Jones voting nay in a roll call vote. Discussion of a potential Pre-Annexation Agreement Request for 10.02 Acres located adjacent to the current City Limits in the vicinity of 500 West by KM Real Estate Enterprises LLC and M. Dean & Company, LLC (Property Owner) – Discussion only: Planning Director Shepard asked Councilmembers if they were interested in entertaining a pre-annexation agreement for the property. She said the property owners requested annexation in 2017 that was contentious and adjacent property owners expressed concerns about commercial development. She explained that they have not filed an annexation petition yet but are looking for a commitment that would designate C-2 zoning on the property. She explained that the property owner is still required to go through the normal annexation process even if the Council agrees to a pre-annexation agreement. Councilmember Derasary said she favored the normal annexation process and Councilmembers Knuteson-Boyd, Duncan, Guzman-Newton, and Jones agreed that the property owners should go through the normal annexation process. Discussion of potential Ordinance 2020-13 creating the rules and regulations pertaining to the administration of bicycle and scooter share permit program - Discussion only: Councilmember Derasary asked if bike and scooter share programs were something that we are required to allow somewhere in city limits. City Manager Linares explained that he has done the legal research on this topic and if someone were to apply, we do not have grounds to deny the application. Councilmember Derasary also asked how a permittee would function here because e-bikes and scooters are not allowed on the sidewalks, highways, or parkway. City Manager Linares explained that the Council could tailor the language in the ordinance on how to regulate e-bikes and scooters. Councilmember Jones said he has been to other communities where bike-share programs were part of their mobility solution and said he would like to be open to creating bike share program regulations to meet the needs of our community. Councilmember Knuteson-Boyd asked if there has been a request or if the Council has time to develop regulations that work for us in our community. City Manager Linares said we have not received a request and wanted to have a philosophy and policy discussion on how a bike share program could work in our community. Councilmember Derasary suggested pulling ordinances from other communities that have dealt with conflicts to use in creating one for Moab. Councilmember Duncan agreed that he would like to develop something that works for our community. Mayor Niehaus believed this could help with our congestion problem downtown and she supports options for multi-modal transportation. Councilmember Guzman- Newton said she was amiable to the idea and hoped the City would be open to looking at more multi-modal options. Mayor Niehaus asked Councilmembers if they were in favor of staff pursuing regulations for a bicycle and scooter share permit program and Councilmembers Jones, Guzman-Newton, and Knuteson-Boyd were generally in favor and Councilmembers Derasary and Duncan were unsure. Approval of Bills Against the City of Moab Page 6 of 6 July 14, 2020 Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City of Moab in the amount of $294,258.79. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Knuteson-Boyd, Jones, Guzman-Newton, and Duncan voting aye in a roll call vote. Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember Guzman-Newton seconded the motion. The motion passed unanimously. Mayor Niehaus adjourned the meeting at 10:03 PM. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Moab City Council Agenda Item Meeting Date: July 28, 2020 Title: Approval of Change Orders for and Briefing on North Sewer Line Project Construction Disposition: Discussion and possible action Staff Presenter: Chuck Williams, City Engineer Attachment(s): Attachment 1 – Hank Williams, Inc. Change Orders Nos. 1 through 3 Recommended Motion: “I move to approve the deduct change orders for the North Sewer Line Project Construction for Hank Williams, Inc. in the contract reduction amount of $69,874.96. Background/Summary: The North Sewer Line resulted in construction of approximately 3,600 linear feet of new sanitary sewer trunk line and a lift station and the project final completion date was June 16, 2020. Since the project has been completed 2 large RV Parks have submitted plans and applications to take their facilities off septic tanks and connect to the new North Sewer Line. Additionally, 2 large motels have been taken off their unreliable private lift stations and have been connected to the new North Sewer Line. The project was awarded in September, 2019 to Hank Williams. Inc. in the amount of $1,654,609.07. As is normal for any large infrastructure project, change orders were needed to address the unknown existing conditions. Change orders were negotiated and reviewed by City staff. Construction change orders by Hank Williams, Inc. were additionally reviewed by Bowen-Collins Associates, within their role as construction management consultants. Some change orders were approved for Hank Williams, Inc. and some requested by the contractor were not approved. Only those change orders necessary to complete the project were approved by City staff to keep the project moving. The total amount of the three approved change orders is a reduction of $69,874.96. This represents a decrease of 4% less than the original contract prices of $1,654,609.07. The industry standard for large construction projects is from 10% to 20% increase over the contract price. Consistent with the recommended motion, Staff recommends approval of the 3 change orders as described above. 6-23-2020 PE / CM SECTION 00 63 63 CHANGE ORDER Copyright © 2013 (EJCDC® C-941) National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Change Order No. 2 Date of Issuance: Owner: Contractor: Engineer: Project: May 19, 2020 City of Moab Hank Williams, Inc. Bowen, Collins & Associates (BC&A) North Sewer Line Effective Date: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: Contract Name: May 19, 2020 N/A N/A 130-18-02 North Sewer Line The Contract is modified as follows upon execution of this Change Order: Description: 1. During the abandonment of Aarchway Inn's existing pump station, it was discovered that it had a couple of overflow tanks connected to it. With the pump station and the tanks together, there was a combined 13,033 gallons of sewage that needed to be removed and disposed of. The Contractor performed this work and requested from the City to pay for it since they believed that it was additional work to the Contract. The City took no exceptions to it. Therefore, the following additional work was completed by the Contractor: • Removed and disposed of 13,033 gallons of sewage from within Aarchway Inn's existing pump station and its overflow tanks. A. Additional Lump Sum Cost = $5.864.85. 2. Below is an item that will be removed from the Contract based on it being performed by the City and not the Contractor. This is an item that the Contractor will not construct. • Item No. 1 from Change Order No. 1 dated January 28, 2020: Remove and replace six vented sewer manhole covers with six new non -vented covers = ($6.819.50). A. Total amount removed from the Contract = L$6.819.501.. 3. Below is a list of those items that will be removed from the Contract based on the work completed prior to this Change Order's Date of Issuance. These are items that the Contractor will not construct. • Bid Item No. A18: 3,023.50 SF of Asphalt Pavement Restoration @ $10.29 per SF = j$311111.821. • Bid Item No. A19: 33,500 SF of Unimproved Surface Restoration @ $0.83 per SF = ($27.805.00,. A. Total amount removed from the Contract = ($58.916.821. Attachments: 1. Zunich Bros Mechanical's Invoice #M30148 (provided by Hank Williams, Inc.) dated April 27, 2020. BC&A CITY OF MOAB NORTH SEWER LINE PROJECT CHANGE ORDER PAGE 00 63 63 -1 CHANGE IN CONTRACT PRICE Original Contract Price: $1.654.609.07 CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Times: Substantial Completion: March 15, 2020 Ready for Final Payment: April 1, 2020 days or dates decrease from previously approved Change Orders No. LY9 to No.1: ($10,003.49) No change from previously approved Change Orders No. ELA to No.1: Substantial Completion: 0 Calendar Days Ready for Final Payment: 7 Calendar Days days Contract Price prior to this Change Order: $ 1.644.605.58 Contract Times prior to this Change Order: Substantial Completion: March 15, 2020 Ready for Final Payment: April 8, 2020 days or dates decrease of this Change Order: ($ 59,871.47) increase of this Change Order: Substantial Completion: N/A Ready for Final Payment: N/A days or dates Contract Price incorporating this Change Order: $1.584.734.11 Contract Times with all approved Change Orders: Substantial Completion: March 15, 2020 Ready for Final Payment: April 8, 2020 days or dates RECOM M By: ,' ,- f YZ Title: Date: Engine $( (if required) ACCEPTED / I / BY: CAA r/V Owner (Authorized) 41s Ac4nN.4 w Title: Cny AN6/(J altit _ -ra Date: d<'S f 'Zo Approved by Funding Agency (if applicable) By: Title: BC&A CITY OF MOAB NORTH SEWER LINE PROJECT END OF SECTION Date: ACCEPTED: By: Title: Date: ke Contractor (Authorized) yQ CHANGE ORDER PAGE 00 63 63 - 2 CHANGE ORDER BC&A CITY OF MOAB NORTH SEWER LINE PROJECT PAGE 00 63 63 - 1 SECTION 00 63 63 CHANGE ORDER Copyright © 2013 (EJCDC® C-941) National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Change Order No. 1 Date of Issuance: January 28, 2020 Effective Date: January 28, 2020 Owner: City of Moab Owner's Contract No.: Contractor: Hank Williams, Inc. Contractor’s Project No.: Engineer: Bowen, Collins & Associates (BC&A) Engineer's Project No.: 130-18-02 Project: North Sewer Line Contract Name: North Sewer Line The Contract is modified as follows upon execution of this Change Order: Description: 1.Based on removing and replacing six vented sewer manhole covers along the City’s existing 15-inch sewerline (on south end of the project) with six non-vented sewer manhole covers (D&L A-1180) marked “SEWER” per Detail C/2006 on Drawing No. GC-02 in order to reduce noxious gases and fumes within the Portal RV property, the following work is to be completed by Hank Williams, Inc. as outlined in attached RFQ No. 1: •Remove and replace six vented sewer manhole covers with six new non-vented covers.A. Additional Lump Sum Cost = $6,819.50. 2. During the work performed between Stations 10+00 and 11+50, Hank Williams, Inc. encountered/crosseda total of 28 existing utilities, resulting in a reduction in production rate and progress. Of these 28 utilities, only eight of them were known and identified on the construction drawings. Therefore, Hank Williams, Inc. requested an increase of time to the Contract’s schedule, as well as, compensation for the loss in production rate while having to navigate all of the unknown, existing utilities. The increase of time to the Contract’s schedule will only affect the final completion date. The substantial completion date of March 15, 2020 will remain the same. The City took no exception to their request. Therefore, the following cost and time shall be added to the Contract: A. Additional Lump Sum Cost = $11,436.00 B. Additional Time to Final Completion Date = 7 Calendar Days. 3.The City and the property owners of the Slick Rock RV Campsite requested to have a 15”x6” PVC wyeinstalled near Station 11+50 in order to provide a means for the Slick Rock RV Campsite to connect to the project’s new 15” PVC sewer line in the future. In addition to the wye, a 6” diameter PVC stub shall be installed with a 2.0% slope up to the Slick Rock RV Campsite’s property boundary line, capped with a glued on cap and marked with a 2”x4” wooden board extending 2’ above the existing ground and colored green in order to mark its location for future connection. Therefore, the following additional work is to be completed by Hank Williams as outlined in attached RFQ dated January 8, 2020: •Install 15”x6” PVC wye, 6” diameter PVC stub, glued cap and marked with 2”x4” wooden board.A. Additional Lump Sum Cost = $1,004.00. CHANGE ORDER BC&A CITY OF MOAB NORTH SEWER LINE PROJECT PAGE 00 63 63 - 2 4.The City requested to have SSMH-11 removed from the project and replaced with cleanouts in order to notimpact the existing curb, gutter and sidewalk along the north side of the Holiday Inn Express. Therefore, in lieu of SSMH-11, the following additional work is to be completed by Hank Williams as outlined in attached RFQ No. 2 dated January 17, 2020: •Install 10 LF of 6” diameter SDR 35 PVC pipe. •Install (2) 6” diameter cleanouts •Install (1) 8”x6” PVC Eccentric Reducer •Install all associated piping and fittings per revised Drawing No. C-05 dated January 17, 2020A. Additional Lump Sum Cost = $1,339.40. 5.Below is an item that will be removed from the Contract based on the removal of SSMH-11 from theProject (see Item No. 4 of this Change Order). This is an item that the Contractor will not construct. •Bid Item No. B8: 1 EA of Install 4-foot Polymer Concrete Sewer Manhole w/Polymer Base @$11,907.25 per EA = ($11,907.25).A. Total amount removed from the Contract = ($11,907.25). 6. Below is a list of those items that will be removed from the Contract based on the work completed prior tothis Change Order’s Date of Issuance. These are items that the Contractor will not construct. •Bid Item No. A16: 45 LF of Relocate Existing 3-inch Gas Line @ $129.54 per LF = ($5,829.30). •Bid Item No. A25: 356 LF of Relocate Existing 6-inch Irrigation Line @ $36.14 per LF = ($12,865.84).A. Total amount removed from the Contract = ($18,695.14). Attachments: 1.RFQ No. 1 – Non-vented SSMH Lids dated December 4, 2019.2.Hank William’s Change Proposal No. 001 dated December 20, 2019.3.RFQ for Installation of 15”x6” Wye dated January 8, 2020.4.RFQ No. 2 – New Cleanouts and Reducer dated January 17, 2020. CHANGE IN CONTRACT PRICE Original Contract Price: $ 1.654.609.07 No change from previously approved Change Orders No. NA to No. tlA: $ NA CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Times: Substantial Completion: March 15, 2020 Ready for Final Payment: April 1, 2020 days or dates No change from previously approved Change Orders No. Hato No. NA: Substantial Completion: NA Ready for Final Payment: NA days Contract Price prior to this Change Order: $1.654.609.07 Contract Times prior to this Change Order: Substantial Completion: March 15, 2020 Ready for Final Payment: April 1, 2020 days or dates decrease of this Change Order: ($ 10,003.49) increase of this Change Order: Substantial Completion: Ready for Final Payment: 0 Calendar Days 7 Calendar Days days or dates Contract Price incorporating this Change Order: $ 1.644.605.58 Contract Times with all approved Change Orders: Substantial Completion: March 15, 2020 Ready for Final Payment: April 8, 2020 days or dates RECOMMMEE DED: ACCEPTED: / ACCEPTED: By: Tam, By: A L/e-._ By: Engineer (if (wired) Owner (Authorized) Contractor (Authorized) Title: /145 ,l„ HAI riip� Title: C/f!/(,irs 1"//L1 mit•S Title: Date: l, --z'- iozo Date: j --ai --xa Date: 1-2:_y•-• gb Approved by Funding Agency (if applicable) vP By: Title: END OF SECTION BC&A CITY OF MOAB NORTH SEWER LINE PROJECT Date: CHANGE ORDER PAGE GO 63 63 - 1 Moab City Council Agenda Item Meeting Date: July 28, 2020 Title: Improving ADA Accessibility to Downtown Recreation Facilities Project: Construction Contract Disposition: Discussion and possible action Staff Presenter: Chuck Williams, City Engineer Attachment(s): - Attachment 1: Bid Tabulation Recommended Motion: “I move to approve the construction contract with Sage Construction Group, LLC for the construction of the Improving ADA Accessibility to Downtown Recreation Facilities Project in the amount of $103,314.51.” Background/Summary: In summer of 2019, the City was approved to receive a Community Development Block Grant (CDBG) totaling $74,000 for the construction of wheelchair lifts in the Center Street Gym. Per our application for funding, the City committed $50,000 cost share. $22,000 of the City funds have been spent on engineering and architectural design and bid services performed by our consultant, Short Elliot Hendrickson Inc. (SEH). Remaining funds for construction total $102,000. After advertising for bids in Spring 2020, two bids were received, with the lowest being from Sage Construction Group, LLC (Sage). This bid was approximately 30% over the budget. Subsequently, several bid items were removed from the project in order to bring their bid down to $103,314.51 (see attachment 1 - bid tabulation), for which extra funds in the amount of $1,314.51 have been allocated. Staff have evaluated the low bid, and consider it to be fair and reasonable, and therefore recommend approval of the construction contract with Sage. ITEM# ITEM DESCRIPTION EST QTY UNIT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT 1 Inclined Platform Lift (Upper) 1 EA 52,149.44$ 52,149.44$ 63,509.81$ 63,509.81$ 70,789.00$ 70,789.00$ 2 Inclined Platform Lift (Lower) 1 EA 25,107.44$ 25,107.44$ 33,996.17$ 33,996.17$ 34,867.00$ 34,867.00$ 3 Concrete Patch and Repair at handrail posts 10.5 SF 252.04$ 2,646.44$ 137.77$ 1,446.59$ 200.00$ 2,100.00$ 6 Electrical rework (this can vary based on existing panel capacity & distance)*1 EA 7,631.44$ 7,631.44$ 4,361.94$ 4,361.94$ 5,400.00$ 5,400.00$ Total 87,534.78$ Total 103,314.51$ Total 113,156.00$ Attachment 1 - Bid Tabulation Engineer's Estimate Sage Construction Crew General Contractors Moab City Council Agenda Item Nelson Court Rezone Meeting Date: July 28, 2020 Title: Consideration and Possible Approval of Ordinance #2020-12, Approving a Zoning Map Amendment for property owned by James Nelson, located at 191 Walnut Lane Moab UT 84532, amending the split zoned parcel from R-2 Single- Household and Two-Household Residential Zone and R-4 Manufactured Housing Residential Zone, to only R-4 Manufactured Housing Residential Zone; and Amending the City of Moab Official Zoning Map. Date Submitted: February 25, 2020 Staff Presenter: Cory P. Shurtleff, Assistant Planner Property Owner: Nelson Court LLC, James Nelson Applicant: James Nelson Location: 191 Walnut Lane, Moab, Utah 84532 Zoning: Property is currently split zoned, R-2 Single-Household and Two-Household Residential Zone and R-4 Manufactured Housing Residential Zone. Attachment(s): Exhibit 1: Draft Ordinance #2020-12 Exhibit 2: Recorded Plat Zoom Exhibit 3: Updated Parcel Survey Exhibit 4: Context Zoning Map including Ordinance #2020-01 Zoning Map Amendment Exhibit 5: Vicinity Map including Ordinance #2020-01 Zoning Map Amendment Options: 1. Approve with or without edits; or 2. Continue or table action to a later meeting with specific direction to the City Staff and Applicant as to additional information needed to make a decision; or 3. Deny with specific findings supporting decision. Recommended Motion: I move to approve Ordinance #2020-12 based on the findings required by Moab Municipal Code 17.04.060 Map Amendment Approval Criteria. Narrative: The application was submitted by property owner James Nelson on February 25, 2020 with sufficient documentation and fee payment. The narrative submitted by the applicant was as follows: Amend split zone to one zone, complete to R-4. Background: The property located at 191 Walnut Lane, owned by Nelson Court LLC, James Nelson, is currently operating as a mobile home park with 13 lots. This property is directly west of the City owned Walnut Lane Property, and adjacent to the east of the vacant Moab Valley Health Care property. The parcel is currently split zoned with R-4 Manufactured Housing Residential Zone (in which the property’s use is permitted) on the majority of the South portion of the parcel; and R-2 Single-Household and Two-Household 2 Residential Zone on the northern third of the parcel. The total area of the parcel is approximately 1.06 acres, with approximately .37 acres of the parcel zoned R-2. The R- 2 Zone is extending south from the residential neighborhood beyond the northern boundary of the parcel. Following the “Walnut Lane” Ordinance #2020-01 rezone, where Planning Commission forwarded a positive recommendation to City Council, and City Council approved the ordinance amending the Official Zoning Map, the applicant wants to modify the zoning on this parcel so that it is entirely one consistent zone to allow for easier development in the future and correct an non-conforming existing use. The “Walnut Lane” Ordinance #2020-01 rezone, is nearly identical in nature where the applicant is hoping to resolve discrepancy in zoning that was likely adopted in error on his property. While researching this rezone request, staff noticed that the parcel information we ha d, showed an inconsistency in the parcel configuration that was likely caused by a survey error. The applicant produced an additional survey to determine the exact legal description of the parcel to be rezoned. The requested rezone includes the additional area that has been correctly surveyed as part the subject parcel #01-0001-0107. Planning Commission reviewed this item during their public meeting on April 23, 2020, where they opened and closed a Public Hearing on this item, and continued the item until the applicant could provide updated survey material of the correct area to be rezoned. The Planning Commission reviewed and voted to Positively Recommend Ordinance #2020-12 to City Council during their public meeting on July 9, 2020, after the applicant supplied the updated information. Zoning Map Change Criteria: Section 17.04.060 of the Moab Municipal Code sets forth criteria to consider when reviewing a Zoning Map Amendment. The criteria are listed below followed by a response or analysis by city staff as follows: 17.04.060 Map amendment and approval criteria. The Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment. A. Was the existing zone for the property adopted in error? Staff Comment: It is likely the property was split-zoned in error, as the established R-2 zone was drawn down the center of the right-of-way for 200 N and did not follow property boundaries for three parcels along Walnut Lane. Since then has been amended with Ordinance #2020-01 to align the two adjacent Walnut Lane Properties as entirely R-4, creating a peninsula of R-2 on this property. B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? Staff Comment: The properties owned by the City located directly east of this property were amended with Ordinance #2020-01 and rezoned as is being requested with this application. 3 C. Is there a need for the proposed zoning within the area or community? Staff Comment: Yes. The current use on the property is not permitted in the R-2 zone, and it is best planning practice to correct a split-zoning error when possible. D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Staff Comment: The proposed zone change is compatible with the surrounding area. The adjacent properties are a mix of R-2, R-4, and C-2 zones and include single-family residential, multifamily residential, a mobile home park, overnight accommodations, and healthcare services uses. E. Will benefits be derived by the community or area by granting the proposed zoning? Staff Comment: Rezoning the property to R-4 will correct a non-conforming use and grant the applicant the appreciate zoning to continue the existing use. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Staff Comment: Yes, as no proposed changes are planned for this parcel currently, the present facilities available to serve the parcel are sufficient. At a time of redevelopment in the future, upgrades to facilities may be required. G. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? Staff Comment: The Future Land Use Map of the General Plan shows this property as Residential, reflecting the current R-2 and R-4 zoning. The zone change will comply with the elements, goals, and policies of the Moab General Plan, including the following: • Promote a variety of housing types and neighborhoods for primary residences. • Encourage housing opportunities for a variety of needs and income levels. • Promote strategies that improve the ability of all Moab residents to have access to affordable, quality housing. Comparison of Uses: 4 Permitted Uses in the R-2 Zone Permitted Uses in the R-4 Zone ADUs ADUs Agriculture Agriculture Daycare Carpentry Shops Foster care homes Boys’ and Girls’ Schools and correctional institutions Group homes Day Care Home occupations Group Homes One-household dwellings and accessory uses Public Libraries Places of worship Home Occupations Planned unit developments One-household dwellings and accessory uses Public facilities Place of Worship Public libraries Planned unit developments Public parks and public recreation buildings Public Facilities Schools Public Parks and public recreation buildings Two-household dwellings and accessory uses Schools Two-household dwellings and accessory uses CITY OF MOAB ORDINANCE NO. 2020-12 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT FOR PROPERTY LOCATED AT 191 WALNUT LANE, CONSOLIDATING A SPLIT ZONE PARCEL FROM R-2 SINGLE-HOUSEHOLD AND TWO-HOUSEHOLD RESIDENTIAL ZONE, AND R-4 MANUFACTURED HOUSING RESIDENTIAL ZONE, TO ONLY R-4 MANUFACTURED HOUSING RESIDENTIAL ZONE. WHEREAS, the following describes the intent and purpose of this ordinance: a.Applicant and property owner James Nelson has applied to rezone parcel 01-0001-0107 located at 191 Walnut Lane, Moab UT 84532. Taxing description of parcel: BEG SW COR LOT 3 SEC 1 T26S R21E; E 6 2/3 RDS; N 25 RDS; W 6 2/3 RDS; S 25 RDS POB 1.04 AC; and b.To modify the split zoning of the parcel to have only one zone within the parcel. Currently zoned R-2 Single-Household and Two- Household Residential Zone and R-4 Manufactured Housing Residential Zone, to only R-4 Manufactured Housing Residential Zone; and c.The portion of R-2 zoned parcel that is being rezoned is approximately .37 acres of the total parcel approximately 1.06 acres; d.The property is currently a mobile home park and intends to continue its use as is, for the immediate future; and e.The adjacent properties include single-household and multi-household residential, mobile home park, and health care service; and f.The applicant provided the Planning Commission with an application and the appropriate documents as required in MMC Section 17.04. The Planning Commission reviewed the application in a duly advertised public hearing held on April 23, 2020, where the item was tabled until updated survey information was provided. Then reviewed by Planning Commission on July 9, 2020 and was voted to Positively Recommend Approval of this Ordinance to City Council; and g.The Planning Commission determined that the amendment to the zoning maps is in accordance with the General Plan and development trends of the community and that this zoning amendment supports opportunity for affordable housing in the local community. Having evaluated the staff report, statements from the applicant and the public, the Planning Commission concluded that the proposed change in zoning for this property was an acceptable amendment to the Official Zoning Map; and h.The Planning Commission has determined that the review standards in Moab Municipal Code chapter 17.04.060, Map amendment approval criteria, have been met as follows: A.The proposed zoning classification for residential use is compatible with the majority of surrounding uses and impacts to the existing development can be mitigated, B.Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification, C.The surrounding uses will be buffered from other residential and commercial development in the area; and D. The application conforms to the provisions of the Moab General Plan. Resolution #13-2016 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, having considered public comment, staff comments, and discussion of the pertinent aspects of the proposed zone change, by adoption of Ordinance #2020-12, does herby find, determine, and declare, that the applicable provisions of the Moab Municipal Code and the intent of the Moab General Plan can be met; AND, FURTHERMORE, the City Council approves the application to rezone the property located at 191 Walnut Lane, Moab UT 84532, to a singular zone R-4 Manufactured Housing Residential Zone, amending the Official Zoning Map, is hereby APPROVED. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on July 28, 2020. SIGNED: ________________________________ Emily Niehaus, Mayor ATTEST: ________________________________ Sommar Johnson, Recorder PA 50' �� i W N W _ 121.36' _-_I _ S89°50'W 152.0' _ 38.0' PARK DRIVE S 89°55'W 67.0' 11 10 9 CRT orx tic') 8 SEE SEPARATE PLAT FOR KERBY SUBDIVISION -iV 89°50F 275 0_ 110.0' NELSON COURTS LLC 01-001-0107 h 288 W 110.0' U W N 89°47'E 131.1 14.7 0 O N FAR COUNTRY ENTERPRISES, LLC 01-001-0106 (12.1.9.) 272 W N 89°43'W 139.5' °47'E 212.5'(203.6) 0,1 FAR COUNTRY ENTERPRISES, LLC 01-001-0106 (123.7) N 88°47'E 118.0' N 88°47'E 118.0' VIRGINIA RHAE CLARK CARROLL LEE CLARK co 01-001-0105 GEED z 268 W N 89°43'W 122.6' 226 W S89°43'E 86.7' w 0 tad 00 E z 0 -175 oo 3 12,000 912 Pf 01-10.0001 2 10,21050n 01-MU}0002 0i I' se9° N 89°50'E 105.9' TONYA C LIMAS 01-001-0102 (122.1) 210 W N 89°33'W 103.3' 206 4 01. N 118657.70 E 55798.89 30 South 100 East 142 Moab, UT 84532 435.259.8171 NOT VALID WITHOUT ORIGINAL SIGNATURE STANDARD LEGEND CORNER FOUND 0 0 PROP. CORNER SET RECORD DATA BLM LOT CORNER 0< MEASURED DATA z LJ z 0 0 z 0 0 w CALCULATED DATA PROJECT TYPE BOUNDARY SURVEY PROJECT ADDRESS: WALNUT LANE MOAB, UTAH 84532 PROJECT LOCATION: GRAND COUNTY, STATE OF UTAH PREPARED FOR: JIV \ \LSO\ SHEET 1 OF 1 NORTH QUARTER CORNER SECTION 1, T26S, R21E, SLB&M LOT 10 PARCEL 2 MAPS SUBDIVISION PHASE II LOT 5 N 89°53'53" E 2630.74' (BASIS OF BEARING)(VALLEY CONTROL) LOT 9 BLOCK C KERBY SUBDIVISION PLAT C LOT 8 N 89°50'00" E 108.56' RECORD PARCEL BOUNDARY (o NELSON COURTS LLC #01-001-0107 46391 Sq. Ft. 1.06 Acres MOAB VALLEY HEALTH CARE SUBDIVISION 1.5' NORTH SOUTHWEST CORNER LOT 3, SECTION 1 '12'25" E 254.07' O z BOUNDARY SURVEY L CV ''O^ vJ 2 co CV O N 89°43'00" W 110.07' WALNUT LANE LOCATED IN THE NW QUARTER OF SECTION 1, T26S, R21E, SLB&M LOT 7 BLOCK C KERBY SUBDIVISION PLAT B (TIE) West 1210.11' MOAB CITY #01-001-0229 L NORTH QUARTER CORNER SECTION 1, T26S, R21E, SLB&M 40 W N s 0' E 40' 80' SCALE: 1" = 40' PC - '.JI -. - VICINITY MAP NOT TO SCALE BOUNDARY SURVEY SURVEYOR'S CERTIFICATION 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 an engineering survey was made of the property described below, and the findings of that survey are as shown hereon. Lucas Blake License No. 7540504 J ♦ LEGAL DESCRIPTION BOOK. 726, PAGE. 62, ENTRY No. 485572 Beginning at the SW corner of Lot 3, Section 1, T26S, R21 E, SLB&M, and running thence East 6 2/3 Rods (110FT); thence north 25 Rods (412.5 FT.): Thence West 6 2/3 Rods; Thence South 25 Rods to the place of beginning. As Surveyed Description Beginning at a point in common with the southwest corner of the Moab City Tract, said point being South 1355.86 feet and West 1210.11 feet from the North Quarter corner of Section 1, Township 26 south, Range 21 East, Salt Lake Base and Meridian, and proceeding thence North 89°43'00" West 110.07 feet to a point on the east boundary of Lot 5, Moab Valley Health Care Subdivision; thence North 00°12'25" East 254.07 feet to the northeast corner of said Lot 5; thence with the east boundary of Parcel 2, Maps Subdivision, phase II North 00°12'00" East 169.33 feet to a point on the south boundary of Block C, Plat C, Kerby Subdivision; thence with said boundary North 89°50'00" East 108.56 feet; thence South with westerly boundary of the Moab City tract 424.84 feet to the point of beginning, having an area of 46,691 square feet, 1.06 acres. SURVEYOR NOTES THE BASIS OF BEARING IS N 89°53'53" E BETWEEN THE NW CORNER AND THE N 1j4 CORNER OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 21 EAST, SALT LAKE BASE AND MERIDIAN. THE INTENT OF THE SURVEY IS TO MONUMENT OR LOCATE ORIGINAL PROPERTY CORNERS. THE SURVEY WAS PERFORMED USING BEST LEGAL EVIDENCE OF OCCUPATION IMPROVEMENTS LOCATED ON THE GROUND, OUR RESEARCH AND SITE WORK HAS DETERMINED NOTES OF IMPORTANCE AS FOLLOWS; 1. THE PROPERTY HAS A GAP IN DEED ON THE NORTH SIDE. THIS PARCEL HAS BEEN OCCUPYING THE LAND FOR MANY YEARS AS EVIDENT BY IMPROVEMENTS. 2. FOUND ADJACENT LOT CORNERS AND STREET CENTERLINE MONUMENTS AS CONTROL FOR THIS SURVEY. DATE: 5/21/20 JOB NUMBER: 068-20 J 8 About Q Content IE Legend Legend Moab City Limits r Moab City Zoning p R•1 b R-2 lb R-3 ® R-4 MH/RV-1 RA -1 h i A-2 ▪ c-1 p C-2 ▪ C-3 111 C-4 Li C-5 ▪ 1-1 ▪ RC ▪ SAR fC-1 County Tur.Gr-,a.- Ugal Comac Esn R.por•6M,r• 1+ CURRENT ZONING C> • 0 too zoort o About Q Content i= Legend Legend Moab City Limits Moab City Zoning pR•1 b R-2 ▪ R.3 ® R-4 b MH/RJ-1 Li RA -1 A-2 ▪ c-1 ® C-2 ▪ C-3 hi C-4 ® C-5 ▪ I-1 ki RC SAR 22„.fC-1 County rnseCwrw !Age Came Etn Rapor•Abuaa PROPOSED ZONING g> Amendment to Zoning Map: Ord #2020-01 W .i!Dut Lit 1 Amendment to Zoning Map: Ord #2020-01 -Jlaa 1d UM Mamgamant U4h AGM, Efn. NERE,Gar ee. INCREMEN! P,NGA, USGS Rezoned to (R-4) Ordinace #2020-01 Walnut Lane Google Earth 38°34'35.99" td 109°33'20.87" 11. elev 4019 ft e a't 50 1 tt Moab City Council Agenda Item Meeting Date: July 28, 2020 Title: Discussion and direction on Temporary Outdoor Dining due to COVID19 Disposition: Discussion and Direction Staff Presenter: Nora Shepard, Planning Director Attachment(s): - Exhibit 1: Salt Lake City Emergency Order - Exhibit 2: Park City Information on seasonal outdoor activities - Exhibit 3: Minnetonka requirements for Temporary Outdoor dining due to COVID 19 - Exhibit 4: Telluride information on Temporary Outdoor Dining due to COVID 19 Disposition: Discussion and direction Background: At the last City Council Meeting (July 14, 2020), the City Council discussed the idea of coming up with an administrative way to allow temporary outdoor dining due to COVID- 19. There are several communities that have allowed this type of use. This would not be an amendment to the Zoning provisions at this time. If the program is deemed to be successful, the City could initiate a zoning change to allow seasonal temporary outdoor dining in the spring and fall months. At this time, we are proposing an emergency proclamation by the City Manager to allow this use temporarily. Time is of the essence as local restaurants are struggling financially due to social distancing requirements. After doing additional research and having internal discussions with Carly Castle, Joel Linares, Chuck Williams, Levi Jones, and Laurie Simonson, the following process is being considered: 1. Emergency Declaration to allow temporary outdoor dining due to economic hardships caused by COVID. Outdoor dining provides an op portunity for restaurants to be able to provide socially distanced outdoor dining. 2. Develop and application form/packet for the request 3. Draft an agreement (or license, MOU with the restaurant owners for operations that will address, but not be limited to, the following items: • Location and Site Plan including methods to define the outdoor dining area • Traffic Safety Measures • Drainage (if applicable) • Proof of Insurance/Liability Waiver • Minimum widths for travel lane width and sidewalk width that must be maintained during operation • Terms of revocation for non-compliance • Duration and frequency of use " R e s t r i c t i o n s o n b l o c k i n g d r i v e w a y s a n d f i r e h y d r a n t s " A D A C o m p l i a n c e " M i n i m i z i n g i m p a c t s o n a d j a c e n t b u s i n e s s e s T h e C i t y c u r r e n t l y u s e s a n e n c r o a c h m e n t p e r m i t f o r u s e o f C i t y S t r e e t s . W e w i l l e x p l o r e u s i n g a n a m e n d e d v e r s i o n o f a n e n c r o a c h m e n t p e r m i t , o r o t h e r l i c e n s i n g o p t i o n s t o s p e l l o u t t h e c o n d i t i o n s o f a p p r o v a l . A t t a c h e d a r e e x a m p l e s o f : 1 . E m e r g e n c y O r d e r ( S a l t L a k e C i t y ) 2 . P a r k C i t y i n f o r m a t i o n p a c k e t 3 . M i n n e t o n k a r e q u i r e m e n t s 4 . T e l l u r i d e i n f o r m a t i o n D i r e c t i o n T h e s t a f f i s r e q u e s t i n g t h a t t h e C i t y C o u n c i l r e v i e w t h e a t t a c h e d d o c u m e n t s a n d p r o v i d e d i r e c t i o n t o t h e C i t y S t a f f t o d e v e l o p d o c u m e n t s t o i m p l e m e n t T e m p o r a r y O u t d o o r d i n i n g d u e t o C O V I D 1 9 . T h e s t a f f i s a s k i n g f o r a d d i t i o n a l d i s c u s s i o n a n d d i r e c t i o n o n t h e f o l l o w i n g : " H o u r s / d a y s o f o p e r a t i o n T h e s t a f f r e c o m m e n d s t h a t t h i s b e a l l o w e d T h u r s d a y - S u n d a y e a c h w e e k . T h i s w o u l d a l l o w n o r m a l s t r e e t m a i n t e n a n c e a n d w o u l d r e d u c e a n y p o t e n t i a l i m p a c t o f b u s i n e s s e s i n t h e v i c i n i t y d u r i n g n o r m a l b u s i n e s s h o u r s . T h e C i t y C o u n c i l d i s c u s s e d a n u m b e r o f o p t i o n s f o r l i m i t i n g t h e u s e t o c e r t a i n d a y s o f t h e w e e k . T h e s t a f f i s l o o k i n g f o r d i r e c t i o n o n t h i s i t e m . " A r e a w h e r e w e w i l l a c c e p t a p p l i c a t i o n s T h e s t a f f r e c o m m e n d s t h a t t h e a r e a i n w h i c h w e w i l l c o n s i d e r t e m p o r a r y u s e s b e l i m i t e d t o t h e d o w n t o w n c o r e ( C e n t e r , 1 0 0 N o r t h a n d S o u t h , e a s t a n d w e s t o f M a i n S t . M a i n S t . i s a s t a t e h i g h w a y a n d M o a b d o e s n o t h a v e j u r i s d i c t i o n o v e r t h e r i g h t o f w a y . I f a M a i n S t . b u s i n e s s h a s s p a c e a d j a c e n t t o o r b e h i n d t h e b u i l d i n g , t h a t a r e a c o u l d q u a l i f y , i f p r o p e r t y o w n e r s h i p a n d a c c e s s i s s u e s c a n b e r e s o l v e d . T h e C i t y C o u n c i l d i s c u s s e d v a r i o u s o p t i o n s f o r t h i s . T h e s t a f f i s l o o k i n g f o r d i r e c t i o n o n w h e r e w e s h o u l d a c c e p t a p p l i c a t i o n s f o r t h i s t e m p o r a r y u s e . " N o t i f i c a t i o n S o m e o f t h e p r o c e s s e s r e v i e w e d r e q u i r e n o t i f i c a t i o n w i t h a d j o i n i n g p r o p e r t y o w n e r s a s p a r t o f t h e p r o c e s s . T h e c u r r e n t t h i n k i n g i s t h a t t h i s w o u l d b e a n a d m i n i s t r a t i v e p r o c e s s , t o b e r e v i e w e d a n a p p r o v e d a t a s t a f f l e v e l . I f t h e C i t y C o u n c i l s o d i r e c t s , a p u b l i c p r o c e s s c o u l d b e p u t i n p l a c e a s f o l l o w s : �' H o l d a p u b l i c m e e t i n g / i n p u t s e s s i o n o n t h e i n i t i a l i d e a t o i n f o r m t h e C o m m u n i t y o f t h e t e m p o r a r y p r o v i s i o n s �' R e q u i r e b u s i n e s s o w n e r s t o r e a c h o u t t o a d j a c e n t n e i g h b o r s t o m i n i m i z e p o t e n t i a l i m p a c t s �' A p p r o v e t h e p r o c e s s a t a r e g u l a r l y s c h e d u l e d C i t y C o u n c i l m e e t i n g a n d l e a v e t h e a d m i n i s t r a t i o n o f t h e p e r m i t / l i c e n s e t o C i t y S t a f f . �' R e q u i r e C i t y C o u n c i l a p p r o v a l o f e a c h l i c e n s e W e a r e p r o p o s i n g a n e m e r g e n c y d e c l a r a t i o n t h a t a l l o w s t h e C i t y t o u s e t h i s a p p r o a c h a s a t e m p o r a r y m e a s u r e o n l y . T h e b u s i n e s s e s w o u l d m o s t l i k e l y w a n t t o m o v e f o r w a r d q u i c k l y s o t h a t t h e y c a n e x p a n d t h e i r o u t d o o r d i n i n g a s s o o n a s possible. This is not a permanent Land Use change. Such a change would have to go through the normal Code Amendment Process. • Expiration – The Emergency Order would include a termination date, that could be extended as necessary due to COVID 19. What would the City Council prefer for the end date of this program. It could be November 30th so that this option is available for the Thanksgiving holiday. The staff is asking for direction on this item. RECORDED CITY RECORDER JUNE 11, 2020 SALT LAKE CITY EMERGENCY PROCLAMATION No. 11 of 2020 MAYOR'S EXERCISE OF EMERGENCY POWERS RELATED TO SALT LAKE CITY EMERGENCY PROCLAMATION NO. 1 OF 2020 On March 10, 2020, pursuant to her authority under Utah Code Sections 53 -2a -208(1)(a) and 53- 2a-209(1) and Salt Lake City Code Chapter 22.03, the Mayor of Salt Lake City declared a local emergency due to the global outbreak of COVID-19. Under City Code 22.03.030, while the proclamation of local emergency is in effect, the Mayor of Salt Lake City may exercise certain emergency powers by proclamation. Between March 12 and April 30, the Mayor of Salt Lake City exercised emergency powers pursuant to Proclamation Numbers 2, 4, 5, 6, 7 and 8 to address the local emergency related to the spread of COVID-19 in Salt Lake City (Proclamation No. 3 addressed a different local emergency related to the 5.7 magnitude earthquake that occurred on March 18; and Proclamations 9 and 10 addressed a different local emergency related to civil unrest following George Floyd's death). In order to protect the citizens of Salt Lake City from the spread of COVID-19 and allow businesses within the City to operate safely in the summer months, the Mayor of Salt Lake City now desires to exercise her emergency powers to enact this Proclamation No. 11. To address the COVID-19 pandemic, Proclamation No. 11 does the following: 1. Definition of Outdoor Business Activities. "Outdoor business activities" is defined as any retail, or restaurant activity, include retail sales, retail services, or outdoor dining, that would typically occur inside a building or structure but is operating outside and adjacent to the anchor business. 2. Outdoor Business Activities on Private Property. During the Term and in order to encourage economic activity and social distancing, the Mayor hereby waives any ordinance or regulation that impedes outdoor business activities on private property, adjacent to the existing business. Specifically, this Proclamation intends to allow outdoor business activities on privately owned property within the City on off street parking areas and normally required yards. To effectuate this, the following regulations are waived: a. Any regulations that prohibit the use of existing parking stalls for outdoor business activities, including provisions that prohibit a reduction in existing parking stalls or that require an increase in the number of off-street parking spaces required. b. Any regulations that prohibit outdoor business activities adjacent to existing businesses. Those regulations are replaced with authorization to operate outdoor business activities adjacent to the business. c. Any regulation that prohibits outdoor business activities adjacent to an existing business in a required front or corner side yards. Those regulations are replaced with authorization allowing outdoor business activities in a rear or interior side yard of the anchor business, provided the outdoor business activity is not within ten (10) feet of the property line in a residential zoning district unless that zoning district allows the same type of use as the subject property. d. An outdoor business activity operating as outdoor dining will not be required to obtain a special exception or zoning variance, provided that the business complies with all other outdoor dining regulations. 1 3. Nuisance. Notwithstanding the forgoing, if the outdoor business activity becomes a public nuisance under Utah Code or Salt Lake City Code, the City shall have the right to prohibit the outdoor business activity. 4. Outdoor Business Activity on City Right -of -Way. During the Term and in order to encourage economic activity and social distancing, the Mayor hereby expands the City's outdoor dining permit to allow additional outdoor business activities adjacent to existing businesses, including restaurants. Specific, the Mayor authorizes the following: a. An existing business may apply for a temporary outdoor permit to conduct outdoor business activities and the fee for such permit will be a prorated fee based on the number of months of the term of the permit. b. The terms of any outdoor permit will include the following: i. The use of the right of way will be non-exclusive and there shall be a minimum six feet (6') wide unobstructed passageway for pedestrians on the sidewalk. ii. A restaurant that serves alcohol must comply with all requirements of the Utah Department of Alcoholic Beverage Control. Any fencing under this permit shall be removable from the City right of way. iii. No outdoor business activities shall encroach upon any part of the sidewalk frontage of any adjacent property without written permission from the adjacent property's owners and tenants, if any. iv. A permit holder shall indemnify and hold harmless Salt Lake City from and against all damages, claims or demands that may, during use of the right of way, arise by the negligent or intentional acts or omissions of applicant or applicants' employees. v. All customers and staff must adhere to all mandatory Utah Department of Health standards and all other applicable laws, rules, and regulations. vi. Anything placed in the right of way must be removed at the close of business each day. vii. All other existing outdoor dining permit requirements shall be met, including the provision of insurance. 5. Term. This Proclamation shall take effect on June 11, 2020 and will be ongoing for as long as Proclamation No. 1 of 2020 is in effect, unless this Proclamation is amended or rescinded by the Mayor. 6. Filing and Dissemination. This proclamation will be filed with the Salt Lake City Recorder and will be delivered to the State of Utah and Salt Lake County and will be disseminated to local media. Dated this 11th day of June, 2020. erin enaenhall (Jun 11, 2020 12:39 MDT) Erin Mendenhall Mayor Approved as to Form: ATTEST: v Kathe�ewis (Jun 11, 202012:28 MDT) Cindy 013:19 MDT) Katherine Lewis Salt Lake City Attorney n� Louu Tu ishma, 2 Cindy Lou Trishman City Recorder 2 Temporary Outdoor Dining and Retail Activity in Public Rights-of-Way Park City Municipal is allowing restaurants and retail businesses to expand into the public spaces adjacent to establishments on Main Street on Sundays from 11 a.m. to 10 p.m. Stores with Main Street frontage will be prioritized. This includes sidewalks and parklets. Businesses are authorized to move operations outdoors into an adjacent public space. If businesses use a privately owned space (not public property), they must have the private property owner’s permission. Parking on Main Street will close on Sunday mornings at 10:30 a.m. and reopen by 10 p.m. on Sunday night. Types of public spaces used for this purpose: Sidewalks Main Street businesses are allowed to temporarily use sidewalks for additional restaurant seating, patron lounge, retail or light programming purposes. Parklets Parklets are on-street parking spaces that are temporarily converted for other uses, such as expanded outdoor dining, patron lounges, retail or light programming purposes. Other Public or Private Property within the Business Improvement District If you have identified another public property location where your business may want to operate outdoors and are part of the Main Street Business Improvement District, please contact Jenny Diersen at 435.640.5063. Temporary barrier materials, such as those depicted below, are encouraged better define boundaries of extended business operations. Defined areas are only required for those serving alcohol. Safe pedestrian pathways, fire lanes and ADA requirements must be met at all times. For questions relating to barrier wall placement, please call the City Building Official’s office at (435) 645-5100. General Guidelines & Participation Form Aesthetics & Getting to Know Your Neighbor Outdoor seating and retail displays must maintain aesthetic compatibility with the surrounding area. Such items should also be temporary, so that in an event of an emergency, they can be easily and quickly removed. It is always a good idea to get know your neighbor and what they might be planning to look for ideas on how to collaborate. Safety & ADA Requirements Sidewalks and Public Rights of Way must maintain an adequate pedestrian flow of at least 44” from fire hydrants, crosswalks, public utility access and building entrances. A 15’ Firelane must be maintained at all times. Sidewalk & Parklet Requirements Width shall not exceed the frontage of the business property without written permission from the adjacent property. Adjacent properties are strongly encouraged to coordinate. Only businesses that are serving alcohol are required to have defined barriers. A 44” pedestrian path should be maintained at all times. Each business is responsible for ensuring compliance with fire/emergency access and ADA requirements. Temporary Structures & Signage Temporary structure such as umbrellas, planters or temporary barriers are allowed, but shall not be permanently affixed to public property. Such items shall be properly weighted and cannot be more than 80 inches above the sidewalk. Space heaters are permit ted as long as they are at least 2 feet away from any flammable materials. Tents are not allowed on Main Street. Outdoor cooking is not permitted. Coolers or other displays may be allowed, but have to be easily moved and follow health guidelines for distri bution. An example of additional signage should be included on the Participation Form. Can’t participate or not open yet? Be a good neighbor and post signage of how patrons can support your business or when you will be back. This helps make business districts more vibrant. Deliveries, Set Up & Break Down We want you to be able to get your products to your business. Deliveries will be allowed on Main Street until 10 a.m. After 10 a.m., we will help facilitate these on Swede Alley and Brew Pub Parking Lot. Remember, double parking frustrates customers and creates dangerous pedestrian situations. Wh en in doubt, pull to the curb. Construction & Weather Impacts City Hall is working to make business districts aware of construction impacts in business districts. If you have questions about construction impacts, please call City Building Official’s office at (435) 645-5100. In Park City, weather can quickly change. Park City Main Street Car Fee Sundays are to be held rain or shine. Too hot outside, encourage customers to come in and cool off inside. If it’s raining (or snowing in July – hey it happens every few years), you can choose whether you stay inside or participate outdoors, as long as you have completed the Participation Form. Trash, Recycling & Waste Park City has the most ambitious climate goals in North America. Please consider your impact on our environment. All businesses are responsible for their own trash, waste and recycling. The City will continue to 3 4 maintain facilities on public, City owned properties. See an issue? Please contact buildingweb@parkcity.org. Socially Responsible Distancing & Cleaning Common Surfaces Individual businesses are responsible for complying with Summit County Health orders and regulations. These rules are likely to change during the program. Paramount to our safety and staying open is taking responsibility for socially distancing. This includes wearing face coverings, sanitizing hands and staying home if you don’t feel well. Businesses are responsible for sanitizing any temporary tables, chairs, seating areas or other outdoor surfaces. Businesses are also responsible for ensuring they follow proper business protocols. It shall be the responsibility of the business to activate the spaces described in this section with temporary materials such as tables and chairs, umbrellas, and visual/physical barrier materials as needed per site specific conditions. Maintenance (daily upkeep, litter cleanup, etc.) associated with business operations shall also be the responsibility of the business. The City has stepped up additional cleaning measures to serve our community. This includes: Common city owned surfaces like handrails, waste receptacles and benches are wiped down every 30 minutes. Public restrooms at the Old Town Transit Center and Miner’s Park on Main Street are staffed with a restroom attendant Friday to Sunday from noon to 8 p.m. Monday to Thursday, these restrooms are cleaned 3x per day More than 50 hand sanitizing stations have been placed around Main Street and Park City. Look for these around public parks, common areas and on light poles. Alcoholic Beverages Only Where Expressly Permitted Individual businesses are responsible for adding any temporary space to their premises for purposes of DABC licensing. Currently, only restaurants with approved Dining Decks leases and proper DABC permits may serve alcohol outdoors. All restaurants shall be responsible for followin g DABC rules and regulations. Any business the Main Street Business Improvement District interested in participating in this program must show complete a Participation Form that includes a Park City Business License Number, which must be submitted to jenny.diersen@parkcity.org for review no later than the Tuesday each week for participation by the following weekend. City staff will respond with approval or concerns by Friday morning if there are concerns to be addressed. As long as plans remain the same, businesses do not need to reapply each week. Due to timelines, the first week of the program, we will accept participation forms until noon on Thursday, June 11. Under Minnetonka City Code, outdoor dining areas are allowed only by conditional use permit; the conditional use permit process is a legal process that can take up to 120 days to complete. Given the unprecedented situation caused by COVID-19, the economic implications to restaurant owners and employees, and the social desires of restaurant patrons, the City will temporarily suspend the conditional use permit requirement. The city will administratively issue temporary permits for new outdoor dining areas or to expand existing outdoor areas. The permits will be valid for 120-days from the date of approval or as provided by emergency ordinance of the City of Minnetonka, whichever comes first. SUBMIT THIS COMPLETED APPLICATION AND REQUIRED DOCUMENTATION TO: zoning@minnetonkamn.gov Restaurant Information Name Address Liquor Will liquor service will be provided in the new or expanded space? YES NO Note, an updated certificate of liability insurance must be provided for the new/expanded space. Restaurant Representative/Contact Name Email Phone Property Owner Name Email Phone Conditions of Approval Please read and check all boxes below. In doing so, you acknowledge that you understand the conditions of approval for temporary or expanded outdoor dining areas. The dining area is associated with a restaurant already licensed by the city. Liquor service may not occur without: (1) an existing liquor license: (2) updated liability insurance; and (3) an uninterrupted fence enclosure or similar. The area will be located adjacent to the existing restaurant or outdoor dining area space. The area will not be enclosed or covered by a tent or other similar material. Individual table umbrellas are allowed. The area will not interfere with pedestrian or vehicular movement through the site or access by emergency vehicles such as fire trucks. The area will be equipped with refuse containers and periodically patrolled for litter. No speakers or audio equipment audible from adjacent properties will be located in the area. The area will be fully closed to patrons by 10 p.m. daily. TEMPORARY PERMIT OUTDOOR DINING AREA Temporary Outdoor Dining Area Required Documentation Site plan showing the location of the new or expanded outdoor dining area. NOTE: If the area will be located within a parking lot, the property owner must also sign this application. If liquor will be served, an updated certificate of liability insurance covering the new or expanded outdoor dining area. ACKNOWLEDGMENT In signing and submitting this application, I acknowledge: • The information provided in this application is correct. • I have read and will comply with requirements of all Minnesota Executive Orders applicable to the conduct of the business, including Executive Order 20-56 and the Minnesota Stay Safe Plan developed by the Minnesota Commissioners of Health, Employment and Economic Development, and Labor and Industry • I have read and will comply with the city’s conditions of approval outlined on the preceding page. • I understand the city may inspect the outdoor dining area at any time to ensure compliance with the conditions of approval. • I understand that the city may add conditions to this permit to address unforeseen problems. • I understand the city may revoke this permit if the new or expanded outdoor dining area is deemed to be detrimental to the public health, safety and welfare of the general public. Restaurant Owner Signature Date Property Owner Signature Date APPROVAL This temporary permit is approved subject to conformance with the submitted site plan, the conditions outlined on the preceding page, and the signed acknowledgement above. This permit will expire on ______________ or as provided by emergency ordinance of the City of Minnetonka, whichever comes first. Date Julie Wischnack, AICP, Community Development Director (Required for restaurants serving liquor.) Date 6/9/2020 Instructions to Request Temporary Use of Public Rights-Of-Way to Assist in Meeting COVID-19 Social Distancing Requirements Pursuant to LED Regulation 47-302 F Telluride Emergency Ordinance 1510 and Resolution 16 Series of 2020 Submit a Request for Use of Town Rights-of-Way 1) All requests must be in writing and must Include: a) A detailed description on how the right-of-way will be utilized. Include what type of barriers you are proposing. b) An explanation of measures to be taken to ensure social distancing requirements. c) A map of the proposed extension. The map should be on 8 ½ x 11 paper and include dimensions of the area, and should reflect table sizes, distance between tables, and any service stations. Liquor Licensed Establishments must also submit: 1) A map showing the current liquor licensed premises. 2) A second map showing the proposed extension outlined in red ink. 3) A Liquor Control Plan including pertinent details to help explain your specific request and measures which shall be taken to: • Control ingress and egress; • Prevent alcohol being removed from or brought onto the licensed premises; • Prevent the sale of alcoholic beverages to minors, and • Prevent the sale of alcoholic beverages to intoxicated parties. 2) Email requests to the Telluride Clerks Department: clerks@telluride-co.gov. (There are no fees.) 3) Requests will be circulated to all departments for input/comment and then forwarded to the Town Manager for consideration. Execute License Agreement and Obtain Proof of Required Insurance 4) Upon approval, the Town Attorney will draft a License Agreement and Comprehensive Waiver for Temporary Outdoor Dining on Public Sidewalks. 5) The Clerk’s Department will email the agreement for execution. 6) The executed agreement should be returned to the Clerk’s Department with Certificates of Insurance naming the Town of Telluride as additional insured and evidencing valid insurance policies for the following: a) General Liability Insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate. b) Liquor Liability Insurance in the amount of one million dollars ($1,000,000) aggregate if applicable. Apply for Modification to Liquor Licensed Premise If Applicable Liquor Licensed Establishments wishing to serve alcohol in the licensed area must complete Colorado Department of Revenue form DR 8442 for a Sidewalk Service Area request and must submit the request to the Clerk’s Department. Applications should be downloaded and retained. 2 Modification of Premises for Sidewalk Service Area is covered in #9 of the application. Note the following when completing: 9 (a) When describing the proposed changes, you must indicate that the request is due to COVID-19. 9 (b) Write “TBD” For the “End”. Permits are temporary and the expiration date will be determined by the State. 9 (c) Confirm the location of proposed licensed premise. 9 (d) Confirm compliance with local land use codes. 9 (e) Applications associated with this request are not Optional Premises. 9 (f) Diagrams submitted as part of a request for temporary use of right-of-way herein will be used for this application and there is no need to resubmit. If the diagrams are insufficient, the Clerk’s Office will request new diagrams. 9 (g) and (h) Permission to utilize the area of modification in the Town right-of-way will be the executed license agreement. Should additional area be proposed, a revised lease, contract, deed or other document allowing the licensed entity to use the proposed area is required. Control plans submitted with requests for use of right-of-way will be submitted with applications for modification of premises. The Clerk’s Department will contact applicants should clarification of measures to control the premises be required. Fees for Modification of Premises: Town of Telluride: There is no local fee for a modification of premises. State of Colorado: $150.00 license fee a) For expedited review, the State license fee of $150 may be paid at https://secure.colorado.gov/payment/liquor. A receipt demonstrating proof of payment must be submitted to the Clerk’s Department with the application. b) For regular review, send checks to the Telluride Clerks Department, Attn: COVID Modification, PO Box 397, Telluride, CO 81435. Applications and check payments will be mailed to the Colorado Liquor Enforcement Division, and review may be delayed by several weeks. Public Notice a) Town requires a 48-hour public notice period for applications to modify a liquor premises due to COVID-19. b) Once an application is submitted and deemed complete, the Clerks Department will coordinate pick up of a public notice sign that must be posted in a visible location on the liquor premises. c) After 48 hours the Town Clerk will address any remonstrances received. If none are received, local approval may be granted administratively by the Town Clerk and applications will be emailed to the Liquor Enforcement Division. (NOTE: If the license fee was paid by check, the application will be forwarded by US mail.) d) The Clerk’s Department will notify applicants once State approval is received. e) The Clerk’s Department will forward licensees the following: i) The State of Colorado permit. ii) Required Signage to include: (1) No Alcohol Beyond This Point (2) No Hitching Of Animals, Bikes, Strollers (3) State of Colorado Mask Requirements 1 DR 8442 (03/22/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)-205-2300 FOR DEPARTMENT USE ONLY Current License Number ____________________________ All Answers Must Be Printed in Black Ink or Typewritten Local License Fee $ _________________________________ 1. Applicant is a Corporation ..................................... Individual Partnership ...................................... Limited Liability Company Present License Number 2. Name of Licensee 3. Trade Name 4.Location Address City County ZIP SELECT THE APPROPRIATE SECTION BELOW AND PROCEED TO THE INSTRUCTIONS ON PAGE 2. Section A – Manager reg/change Section C Permit Application and Report of Changes • License Account No. ___________________________________ Manager's Registration (Hotel & Restr.) .............................$75.00 Manager's Registration (Tavern) .........................................$75.00 Manager's Registration (Lodging & Entertainment)...........$75.00 Change of Manager (Other Licenses pursuant to section 44-3-301(8), C.R.S.) NO FEE Retail Warehouse Storage Permit (ea) ...........................$100.00 Wholesale Branch House Permit (ea) ..............................100.00 Change Corp. or Trade Name Permit (ea) ......................50.00 Change Location Permit (ea) ............................................150.00 Change, Alter or Modify Premises $150.00 x _______________ Total Fee __________________________________________ Addition of Optional Premises to Existing H/R $100.00 x ______ Total Fee __________________________________________ Addition of Related Facility to an Existing Resort or Campus Liquor Complex $160.00 x ______ Total Fee _______________ Campus Liquor Complex Designation No Fee Sidewalk Service Area $75.00 Section B – Duplicate License • Liquor License No. _______________________________ Duplicate License .......................................................$50.00 Do Not Write in This Space – For Department of Revenue Use Only Date License Issued License Account Number Period The State may convert your check to a one time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment amount directly from your bank account electronically. TOTAL AMOUNT DUE $ .00 2 Instruction Sheet For All Sections, Complete Questions 1-4 Located on Page 1 Section A To Register or Change Managers, check the appropriate box in section A and complete question 8 on page 5. Proceed to the Oath of Applicant for signature. Submit to State Licensing Authority for approval. Section B For a Duplicate license, be sure to include the liquor license number in section B on page 1 and proceed to page 5 for Oath of Applicant signature. Section C Check the appropriate box in section C and proceed below. 1) For a Retail Warehouse Storage Permit, go to page 3 complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to State Licensing Authority for approval. 2) For a Wholesale Branch House Permit, go to page 3 and complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to State Licensing Authority for approval. 3) To Change Trade Name or Corporation Name, go to page 3 and complete question 6 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 4) To modify Premise, or add Sidewalk Service Area, go to page 4 and complete question 9. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 5) For Optional Premises go to page 4 and complete question 9. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). 6) To Change Location, go to page 3 and complete question 7. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 7) Campus Liquor Complex Designation, go to page 4 and complete question 10. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. 8) To add another Related Facility to an existing Resort or Campus Liquor Complex, go to page 4 and complete question 11. DR 8442 (03/22/19) 3 DR 8442 (03/22/19) St o r a g e P e r m i t 5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit Retail Warehouse Permit for: On–Premises Licensee (Taverns, Restaurants etc.) Off–Premises Licensee (Liquor stores) Wholesalers Branch House Permit Address of storage premise: __________________________________________________________________ City _______________________, County ________________________________, Zip __________________ Attach a deed/ lease or rental agreement for the storage premises. Attach a detailed diagram of the storage premises. Ch a n g e T r a d e N a m e o r Co r p o r a t e N a m e 6. Change of Trade Name or Corporation Name Change of Trade name / DBA only Corporate Name Change (Attach the following supporting documents) 1. Certificate of Amendment filed with the Secretary of State, or 2. Statement of Change filed with the Secretary of State, and 3. Minutes of Corporate meeting, Limited Liability Members meeting, Partnership agreement. Old Trade Name New Trade Name Old Corporate Name New Corporate Name Ch a n g e o f L o c a t i o n 7. Change of Location NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing authority. You may only change location within the same jurisdiction as the original license that was issued. Pursuant to 44-3-311(1) C.R.S. Your application must be on file with the local authority thirty (30) days before a public hearing can be held. Date filed with Local Authority _______________________ Date of Hearing ________________________ (a) Address of current premises ______________________________________________________________ City ________________________ County _______________________________ Zip ___________________ (b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the premises by the licensee) Address ______________________________________________________________________________ City ________________________ County _______________________________ Zip ___________________ (c) New mailing address if applicable. Address ______________________________________________________________________________ City ________________________ County _____________________ State ________ Zip _____________ (d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served, possessed or consumed. Include kitchen area(s) for hotel and restaurants. 4 DR 8442 (03/22/19) Cha n g e o f M a n a g e r 8. Change of Manager or to Register the Manager of a Tavern, Hotel and Restaurant, Lodging & Entertainment liquor license or licenses pursuant to section 44-3-301(8). (a) Change of Manager (attach Individual History DR 8404-I H/R, Tavern and Lodging & Entertainment only) Former manager's name _________________________________________________________________ New manager's name ____________________________________________________________________ (b) Date of Employment _________________ Has manager ever managed a liquor licensed establishment? Yes No Does manager have a financial interest in any other liquor licensed establishment? Ye s No If yes, give name and location of establishment _______________________________________________ ________________________________________________________________________________________ Mo d i f y P r e m i s e s o r A d d i t i o n o f O p t i o n a l Pr e m i s e s , R e l a t e d F a c i l i t y , o r S i d e w a l k S e r v i c e A r e a 9. Modification of Premises, Addition of an Optional Premises, Addition of Related Facility, or Addition of a Sidewalk Service Area NOTE: Licensees may not modify or add to their licensed premises until approved by state and local authorities. (a) Describe change proposed _____________________________________________________________ __________________________________________________________________________________ ____________________________________________________________________________________ (b) If the modification is temporary, when will the proposed change: Start _________________ (mo/day/year) End _________________ (mo/day/year) NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00 (c) Will the proposed change result in the licensed premises now being located within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? (If yes, explain in detail and describe any exemptions that apply) Yes No (d) Is the proposed change in compliance with local building and zoning laws? Yes No (e) If this modification is for an additional Hotel and Restaurant Optional Premises has the local authority authorized by resolution or ordinance the issuance of optional premises? Yes No (f) Attach a diagram of the current licensed premises and a diagram of the proposed changes for the licensed premises. (g) Attach any existing lease that is revised due to the modification. (h) For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. Ca m p u s L i q u o r Co m p l e x D e s i g n a t i o n 10. Campus Liquor Complex Designation An institution of higher education or a person who contracts with the institution to provide food services (a) I wish to designate my existing ________________ Liquor License # ________________ to a Campus Liquor Complex Yes No Ad d i t i o n a l Re l a t e d F a c i l i t y 11. Additional Related Facility To add a Related Facility to an existing Resort or Campus Liquor Complex, include the name of the Related Facility and include the address and an outlined drawing of the Related Facility Premises. (a) Address of Related Facility ______________________________________________________________ (b) Outlined diagram provided Yes No 5 Oath of Applicant I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Signature Title Date Report and Approval of LOCAL Licensing Authority (CITY / COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the applicable provisions of Title 44, Articles 4 and 3, C.R.S., as amended. Therefore, This Application is Approved. Local Licensing Authority (City or County)Date filed with Local Authority Signature Title Date Report of STATE Licensing Authority The foregoing has been examined and complies with the filing requirements of Title 44, Article 3, C.R.S., as amended. Signature Title Date DR 8442 (03/22/19) 1 Moab City Council Agenda Item Meeting Date: July 28, 2020 Item: Request for City Council direction on establishment of City administrative procedures for a change in use of City real property in non-emergency situations. Disposition: Discussion and request for direction and input from the City Council for development of the procedures. Staff Presenter: Laurie Simonson, City Attorney Attachment(s): - Attachment 1: Purposes – General Land Use Authority (Utah Code Annotated §10-9a-102.) - Attachment 2: Planning Commission Powers and Duties (Moab Municipal Code §17.72.250.) - Attachment 3: Matrix of advisory, land use authority, and appeal bodies. (Moab Municipal Code §17.72.100.) Background: The City Council has requested that City staff develop administrative procedures regarding the process to follow in the case of a change in use of City real property in non-emergency situations. These procedures would be in addition to, and would not supplant, the current statutory or regulatory process required by state law under Utah Code Annotated, Title 10, Chapter 9a (“Municipal Land Use, Development and Management Act” or “LUDMA”) or Moab Municipal Code, Title 17 (“Zoning”). (Note that a "public hearing" is required prior to adoption of any "land use ordinance," see Utah Code Annotated §§ 10-9a-205(1)(a), 10-9a-502(1)(b), and a "land use ordinance" is defined as a "planning, zoning, development, or subdivision ordinance of the municipality," id. § 10-9a-103(25).) A mere change in use of City real property that does not otherwise trigger any requirements under LUDMA or Moab Municipal Code Title 17 does not require additional procedures. However, the procedures are being 2 implemented at the request of the City Council with an important goal of increasing transparency and public process. Authority: The City Manager would have the authority to adopt these procedures as administrative procedures under the authority provided to the City Manager in Moab Municipal Code §2.10.040 “Powers and Duties.” The City Council would have the authority to adopt these as “rules” pursuant to state law – “LUDMA” at Utah Code Annotated §10-9a-102. (See Attachment 1.) Scope: These procedures would not apply to the lease, transfer or disposition of City property which is governed by Utah Code Annotated §10-8-2. “Appropriations -- Acquisition and disposal of property -- Municipal authority -- Corporate purpose -- Procedure -- Notice of intent to acquire real property.” These procedures would also not apply to decisions or orders made by the “chief executive officer” pursuant to the state Emergency Management Act (Utah Code Annotated §53-2a-205 et. seq.) Definitions: The creation of the contemplated administrative procedures requires definition of the terms used. The following relevant terms are already defined as follows in the Moab Municipal Code: “In the City.” The words “in the City” mean and include all territory over which the City now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers. (Moab Municipal Code §1.04.020(9). “Owner.” The word “owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or 3 tenant by the entirety of the whole or of a part of such building or land. (Moab Municipal Code §1.04.020(17).) “Real property” includes lands, tenements and hereditaments. (Moab Municipal Code §1.04.020(23).) The following relevant terms are already defined as follows in state law: "City" means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. (Utah Code Annotated §10.1.104.) The following terms are not currently defined in the Moab Municipal Code or state law. “City Property” “Change in Use” Questions for Council: 1. Is “Change in use” defined as a permanent change or does it include temporary changes? a. If temporary, what is the definition of “temporary?” (60 days, 90 days, 120 days, etc.?) b. For example: “These procedures are applicable to a change in use of City property for a minimum of ____ consecutive days.” c. Another example: “These procedures are applicable to a change in use of City property for ________ consecutive days or more.” 2. What is the definition of “change in use?” a. New use for that parcel or just any different use than the current use? 4 b. Are there “changes in use” that are so small in acreage, scope, or have a de minimis impact that should be exempt from this process? c. Are there “changes in use” that are necessary for public health, safety, welfare, or the provision of critical services that should be exempt from this process? 3. Will the procedures apply to all real property where the City is the owner or just public parks and/or public spaces? 4. Desire for a “public meeting” or a “public hearing?” a. “Public meeting” means – a meeting that is required to be open to the public under Utah's Open and Public Meetings Act, but at which public comment is not necessarily allowed. Utah Code Annotated §10-9a-103(53). b. “Public hearing” means – A "public hearing" is "a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing," Utah Code Annotated §10-9a-103(52) 5. Who will be the decision-making authority and under what circumstances? a. City Manager b. City Council 6. What are the criteria for approval of “change in use?” a. Under what conditions would the decision-making authority deny the change in use? b. What criteria would the decision-making authority use to make the decision? 5 Conclusion: These are threshold questions on which City staff requests direction in order to begin drafting the administrative procedures. (There will necessarily be other questions to be decided before the procedures are finalized.) City staff will take the direction and input received from the City Council and begin drafting the contemplated procedures for presentation to the City Council at a future meeting. Utah Code Page 1 Effective 5/14/2019 10-9a-102 Purposes -- General land use authority. (1) The purposes of this chapter are to: (a) provide for the health, safety, and welfare; (b) promote the prosperity; (c) improve the morals, peace, good order, comfort, convenience, and aesthetics of each municipality and each municipality's present and future inhabitants and businesses; (d) protect the tax base; (e) secure economy in governmental expenditures; (f) foster the state's agricultural and other industries; (g) protect both urban and nonurban development; (h) protect and ensure access to sunlight for solar energy devices; (i) provide fundamental fairness in land use regulation; (j) facilitate orderly growth and allow growth in a variety of housing types; and (k) protect property values. (2) To accomplish the purposes of this chapter, a municipality may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the municipality considers necessary or appropriate for the use and development of land within the municipality, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing: (a) uses; (b) density; (c) open spaces; (d) structures; (e) buildings; (f) energy efficiency; (g) light and air; (h) air quality; (i) transportation and public or alternative transportation; (j) infrastructure; (k) street and building orientation; (l) width requirements; (m) public facilities; (n) fundamental fairness in land use regulation; and (o) considerations of surrounding land uses to balance the foregoing purposes with a landowner's private property interests and associated statutory and constitutional protections. (3) (a) Any ordinance, resolution, or rule enacted by a municipality pursuant to its authority under this chapter shall comply with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5. (b) A municipality may enact an ordinance, resolution, or rule that regulates surface activity incident to an oil and gas activity if the municipality demonstrates that the regulation: (i) is necessary for the purposes of this chapter; (ii) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and (iii) does not interfere with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5. Amended by Chapter 384, 2019 General Session Utah Code Page 2 The Moab Municipal Code is current through Ordinance 20-11, passed April 14, 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. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company 17.72.250 Planning Commission-Powers and duties. The Planning Commission shall have the following powers and duties with respect to this title: A. The Planning Commission shall hear and decide requests for amendments to this title. The Planning Commission may also act on its own initiative in considering and recommending amendments to this title. Before a favorable recommendation is given, however, it must be shown that: 1. The amendment will not be contrary to the land use plan; 2. The amendment will not militate against the fulfillment of any other provisions of the comprehensive plan; 3. The amendment will not decrease nor adversely affect the health, safety, convenience, morals, or general welfare of the public; 4. The amendment will more fully carry out the intent and purpose of this title; 5. That, balancing the interest of the petitioner with the interest of the public, both interests will be served better by adopting such an amendment. In considering a request for an amendment to the zoning ordinance or map, the Planning Commission may submit a recommendation for or against the request or it may recommend an alternate amendment. B. To review, approve, disapprove or approve subject to modifications, requests for permits to construct large- scale developments. C. Any other duty imposed on the Planning Commission under the terms of this title. (Prior code § 27-25-22) 17.72.250 Planning Commission-Powers and duties | Moab Municipal Code Page 1 of 1 The Moab Municipal Code is current through Ordinance 20-11, passed April 14, 2020. 17.72.100 Matrix of advisory, land use authority, and appeal bodies. A. The appeal authority is authorized to hear and decide the following appeals, which are designated by the term AA in the column labeled “Appeal Body.” As used in this matrix, PC means Planning Commission; CC means City Council; DC means district court; BC means the boundary commission; and NA means not applicable. Application/Action Advisory Body Land Use Authority Appeal Body Required Public Hearing Zone Change Planning Commission (PC) City Council (CC) District Court (DC) Yes, PC Land Use Map Amendment or Text Amendment PC CC DC Yes, PC General Plan Amendment CC CC DC Yes, PC Annexation PC CC Boundary Commission/ DC Yes, CC Pre-Annexation Agreement NA CC DC No Conditional Use PC CC DC No Site Plan Tier I NA Staff AA No Site Plan Tier II Staff PC AA No Master Planned Development Prelim. MPD PC CC AA Yes, PC Master Planned Development Final MPD PC CC AA No Zoning Code Interpretation NA Zoning Administrator AA No 17.72.100 Matrix of advisory, land use authority, and appeal bodies | Moab Municipal Code Page 1 of 3 The Moab Municipal Code is current through Ordinance 20-11, passed April 14, 2020. Application/Action Advisory Body Land Use Authority Appeal Body Required Public Hearing Nonconforming Use NA Zoning Administrator AA No Variances Zoning Administrator AA DC No Floodplain Ordinance NA Zoning Administrator AA No Hillside Ordinance PC CC AA No Planned Unit Development PC CC AA Yes, PC Subdivision, Less than Five Lots Staff PC AA No Subdivision, Five Lots or More PC CC AA Yes, PC Home Occupation NA Zoning Administrator AA No Accessory Use or Structure NA Zoning Administrator AA No Accessory Dwelling Unit NA Zoning Administrator AA No Geologic Hazard Determination Staff Same as for the Underlying Application Expert Panel per Section 17.72.230. No B. In the event of any conflict between the designation of the applicable appeal authority in this section and the terms of any other provision of the Moab Municipal Code, the terms of this section shall control. C. Where the appeal authority is not designated as the appellate body, review shall be obtained by filing an action in the district court. (Ord. 18-01 (part), 2018; Ord. 17-23 (part), 2017) Editor’s note: Ord. No. 10-06, adopted November 9, 2010, in effect repealed the former §§ 17.72.100--17.72.240, and enacted new §§ 17.72.100--17.72.240 as set out herein. The former §§ 17.72.100--17.72.240 pertained to the Board of adjustments and derived from prior code §§ 27-25-9--27-25-21. 17.72.100 Matrix of advisory, land use authority, and appeal bodies | Moab Municipal Code Page 2 of 3 The Moab Municipal Code is current through Ordinance 20-11, passed April 14, 2020. The Moab Municipal Code is current through Ordinance 20-11, passed April 14, 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. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: moabcity.org City Telephone: (435) 259-5121 Code Publishing Company Editor’s note: Ord. No. 17-23, adopted July 25, 2017, repealed the former §§ 17.72.100--17.72.170 and enacted new §§ 17.72.100--17.72.170 as set out herein. The former §§ 17.72.100--17.72.170 pertained to appeals and derived from Ord. No. 10-06. 17.72.100 Matrix of advisory, land use authority, and appeal bodies | Moab Municipal Code Page 3 of 3 The Moab Municipal Code is current through Ordinance 20-11, passed April 14, 2020.