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PKT-CC-2021-02-09
FEBRUARY 9, 2021 REGULAR MEETING 7:00 P.M. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernment Regular City Council Meeting -7:00 p.m. Call to Order and Roll Call Attendance Citizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 874 1483 6737 Passcode (if needed): 454810 Link:https://us02web.zoom.us/j/87414836737? pwd=tjhxy3rpufroeljjutzrczjocctnut09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheard You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Administrative Reports City Manager Updates COVID -19 Updates Finance Update Retreat Update Water Ordinance Public Engagement Plan Update Utah 100 Communities Update Mayor and Council Reports Public Hearing (Approximately 7:30 p.m.) We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 874 1483 6737 Passcode (if needed): 454810 Link:https://us02web.zoom.us/j/87414836737? pwd=tjhxy3rpufroeljjutzrczjocctnut09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the public hearing portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Public Hearing - Proposed Ordinance 2021 -01: An Ordinance Approving a Zoning Map Amendment for property located at 478 Mill Creek Drive, Moab UT 84532, Amending the subject parcel zone from R -2 Single -Household and Two - Household Residential Zone, to C -5 Neighborhood Commercial Zone. Public Hearing exhibit 1 draft ordinance 2021 -01 western spirit rezone.pdf exhibit 2 vicinity map.pdf exhibit 4 map oc current and proposed zoning.pdf exhibit 5 pages from 20 -0021 western spirit development code amendment application 101920.pdf exhibit 6 excerpt community nodes - moab area land use.pdf Approval of Minutes Minutes: January 26, 2021, Regular Meeting min -cc -2021 -01 -26 draft.pdf Old Business Proposed Ordinance 2021 -02: An Ordinance Enacting a Temporary Land Use Regulation Prohibiting, For a Period of 180 Days, the Development and Expansion of Vehicle Sales, Rentals or Leasing, Commercial Outdoor Recreational Uses, Commercial and Recreational Tour Companies, Outfitters and Guide Services as They Pertain to All Terrain Vehicles, as Defined by Utah Code §§ 41 -6a -102 AND 41 -22 -2 Briefing and possible action 2.9.2021 cc summary report ordinance 2021 -02 -copy.pdf option a ordinance 2021 -02 no expansion -copy.pdf option b ordinance 2021 -02 with expansion -copy.pdf draft business data for ohv -city limits.pdf New Business Proposed Resolution 02 -2021: Declaring Certain Property Owned by the City of Moab as Surplus Briefing and possible action resolution 02 -2021 agenda summary.pdf resolution 02 -2021.pdf surplus items.pdf Proposed Ordinance 2021 -01: An Ordinance Approving a Zoning Map Amendment for property located at 478 Mill Creek Drive, Moab UT 84532, Amending the subject parcel zone from R -2 Single -Household and Two - Household Residential Zone, to C -5 Neighborhood Commercial Zone. Briefing and possible action western spirit rezone cc agenda summary 012621.pdf exhibit 1 draft ordinance 2021 -01 western spirit rezone.pdf exhibit 2 vicinity map.pdf exhibit 3 recorded county plat.pdf exhibit 4 map oc current and proposed zoning.pdf exhibit 5 pages from 20 -0021 western spirit development code amendment application 101920.pdf exhibit 6 excerpt community nodes - moab area land use.pdf Direction to staff regarding Moab City Council changes to define "formal initiation of land use code changes", and to move noise code from Chapter 17 -Zoning, to Chapter 8 -Health and Safety Discussion only direction regarding luc changes.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. 3.1.a. 3.1.b. 3.1.c. 3.2. 3.3. 4. 5. 5.1. Documents: 6. 6.1. Documents: 7. 7.1. Documents: 8. 8.1. Documents: 8.2. Documents: 8.3. Documents: 9. 10. FEBRUARY 9, 2021REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentRegular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 874 1483 6737 Passcode (if needed): 454810Link:https://us02web.zoom.us/j/87414836737?pwd=tjhxy3rpufroeljjutzrczjocctnut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Administrative ReportsCity Manager UpdatesCOVID-19 UpdatesFinance UpdateRetreat Update Water Ordinance Public Engagement Plan Update Utah 100 Communities Update Mayor and Council Reports Public Hearing (Approximately 7:30 p.m.) We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 874 1483 6737 Passcode (if needed): 454810 Link:https://us02web.zoom.us/j/87414836737? pwd=tjhxy3rpufroeljjutzrczjocctnut09 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the public hearing portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentform You must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words. Public Hearing - Proposed Ordinance 2021 -01: An Ordinance Approving a Zoning Map Amendment for property located at 478 Mill Creek Drive, Moab UT 84532, Amending the subject parcel zone from R -2 Single -Household and Two - Household Residential Zone, to C -5 Neighborhood Commercial Zone. Public Hearing exhibit 1 draft ordinance 2021 -01 western spirit rezone.pdf exhibit 2 vicinity map.pdf exhibit 4 map oc current and proposed zoning.pdf exhibit 5 pages from 20 -0021 western spirit development code amendment application 101920.pdf exhibit 6 excerpt community nodes - moab area land use.pdf Approval of Minutes Minutes: January 26, 2021, Regular Meeting min -cc -2021 -01 -26 draft.pdf Old Business Proposed Ordinance 2021 -02: An Ordinance Enacting a Temporary Land Use Regulation Prohibiting, For a Period of 180 Days, the Development and Expansion of Vehicle Sales, Rentals or Leasing, Commercial Outdoor Recreational Uses, Commercial and Recreational Tour Companies, Outfitters and Guide Services as They Pertain to All Terrain Vehicles, as Defined by Utah Code §§ 41 -6a -102 AND 41 -22 -2 Briefing and possible action 2.9.2021 cc summary report ordinance 2021 -02 -copy.pdf option a ordinance 2021 -02 no expansion -copy.pdf option b ordinance 2021 -02 with expansion -copy.pdf draft business data for ohv -city limits.pdf New Business Proposed Resolution 02 -2021: Declaring Certain Property Owned by the City of Moab as Surplus Briefing and possible action resolution 02 -2021 agenda summary.pdf resolution 02 -2021.pdf surplus items.pdf Proposed Ordinance 2021 -01: An Ordinance Approving a Zoning Map Amendment for property located at 478 Mill Creek Drive, Moab UT 84532, Amending the subject parcel zone from R -2 Single -Household and Two - Household Residential Zone, to C -5 Neighborhood Commercial Zone. Briefing and possible action western spirit rezone cc agenda summary 012621.pdf exhibit 1 draft ordinance 2021 -01 western spirit rezone.pdf exhibit 2 vicinity map.pdf exhibit 3 recorded county plat.pdf exhibit 4 map oc current and proposed zoning.pdf exhibit 5 pages from 20 -0021 western spirit development code amendment application 101920.pdf exhibit 6 excerpt community nodes - moab area land use.pdf Direction to staff regarding Moab City Council changes to define "formal initiation of land use code changes", and to move noise code from Chapter 17 -Zoning, to Chapter 8 -Health and Safety Discussion only direction regarding luc changes.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 1.1.1.2.3.3.1.3.1.a.3.1.b.3.1.c. 3.2. 3.3. 4. 5. 5.1. Documents: 6. 6.1. Documents: 7. 7.1. Documents: 8. 8.1. Documents: 8.2. Documents: 8.3. Documents: 9. 10. FEBRUARY 9, 2021REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentRegular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 874 1483 6737 Passcode (if needed): 454810Link:https://us02web.zoom.us/j/87414836737?pwd=tjhxy3rpufroeljjutzrczjocctnut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Administrative ReportsCity Manager UpdatesCOVID-19 UpdatesFinance UpdateRetreat UpdateWater Ordinance Public Engagement Plan UpdateUtah 100 Communities UpdateMayor and Council ReportsPublic Hearing (Approximately 7:30 p.m.)We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 874 1483 6737 Passcode (if needed): 454810Link:https://us02web.zoom.us/j/87414836737?pwd=tjhxy3rpufroeljjutzrczjocctnut09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the public hearing portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentformYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Public Hearing - Proposed Ordinance 2021 -01: An Ordinance Approving a Zoning Map Amendment for property located at 478 Mill Creek Drive, Moab UT 84532, Amending the subject parcel zone from R -2 Single -Household and Two -Household Residential Zone, to C -5 Neighborhood Commercial Zone.Public Hearing exhibit 1 draft ordinance 2021 -01 western spirit rezone.pdfexhibit 2 vicinity map.pdfexhibit 4 map oc current and proposed zoning.pdfexhibit 5 pages from 20 -0021 western spirit development code amendment application 101920.pdfexhibit 6 excerpt community nodes - moab area land use.pdfApproval of MinutesMinutes: January 26, 2021, Regular Meetingmin-cc -2021 -01 -26 draft.pdfOld BusinessProposed Ordinance 2021 -02: An Ordinance Enacting a Temporary Land Use Regulation Prohibiting, For a Period of 180 Days, the Development and Expansion of Vehicle Sales, Rentals or Leasing, Commercial Outdoor Recreational Uses, Commercial and Recreational Tour Companies, Outfitters and Guide Services as They Pertain to All Terrain Vehicles, as Defined by Utah Code §§ 41 -6a -102 AND 41 -22 -2Briefing and possible action2.9.2021 cc summary report ordinance 2021 -02 -copy.pdfoption a ordinance 2021 -02 no expansion -copy.pdf option b ordinance 2021 -02 with expansion -copy.pdf draft business data for ohv -city limits.pdf New Business Proposed Resolution 02 -2021: Declaring Certain Property Owned by the City of Moab as Surplus Briefing and possible action resolution 02 -2021 agenda summary.pdf resolution 02 -2021.pdf surplus items.pdf Proposed Ordinance 2021 -01: An Ordinance Approving a Zoning Map Amendment for property located at 478 Mill Creek Drive, Moab UT 84532, Amending the subject parcel zone from R -2 Single -Household and Two - Household Residential Zone, to C -5 Neighborhood Commercial Zone. Briefing and possible action western spirit rezone cc agenda summary 012621.pdf exhibit 1 draft ordinance 2021 -01 western spirit rezone.pdf exhibit 2 vicinity map.pdf exhibit 3 recorded county plat.pdf exhibit 4 map oc current and proposed zoning.pdf exhibit 5 pages from 20 -0021 western spirit development code amendment application 101920.pdf exhibit 6 excerpt community nodes - moab area land use.pdf Direction to staff regarding Moab City Council changes to define "formal initiation of land use code changes", and to move noise code from Chapter 17 -Zoning, to Chapter 8 -Health and Safety Discussion only direction regarding luc changes.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 1.1.1.2.3.3.1.3.1.a.3.1.b.3.1.c.3.2.3.3.4.5.5.1.Documents:6.6.1.Documents:7.7.1.Documents: 8. 8.1. Documents: 8.2. Documents: 8.3. Documents: 9. 10. CITY OF MOAB ORDINANCE NO. 2021-01 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT FOR PROPERTY LOCATED AT 478 MILL CREEK DRIVE, MOAB UT, AMENDING THE SUBJECT PARCEL ZONE FROM R-2 SINGLE- HOUSEHOLD AND TWO-HOUSEHOLD RESIDENTIAL ZONE, TO C-5 NEIGHBORHOOD COMMERCIAL ZONE. WHEREAS, the following describes the intent and purpose of this ordinance: a. Applicant, Ashley Korenblat, and property owner, Cycling Resources Inc. has applied to rezone parcel #01-0MBO-0055 located at 478 Mill Creek Drive, Moab UT 84532. Taxing description of parcel: BEG N 691.4 FT & E 434.2 FT FROM SW COR SEC 6 T26S R22E; N 27°10'E 86 FT; S 60°49'E 30 FT; S 75°20'E 13.5 FT; S 70°21'E 135.4 FT; S 3°47'W 144.3 FT; NW'LY WITH 5° CURVE AT N R/W MILLCREEK DR. THE CHORD OF WHICH BEARS N 56°18'W 236.2 FT TO BEG 0.53 AC --(THIS IS PART OF LOT 69; BOWEN PLAT; NICHOLS-BOWEN SUBD.) ; and b. To amend the subject parcel zone from R-2 Single-Household and Two-Household Residential Zone, to C-5 Neighborhood Commercial Zone; and c. The subject parcel zoned R-2 is approximately 0.53 acres; and d. The property is currently operating as a legal non-conforming use, as the Western Spirit Cycling commercial business, with proposed continued use for the immediate future; and e. The adjacent zones include the C-5 Neighborhood Commercial, the R-2 Single-Household and Two-Household Residential Zone, and the R-4 Manufcatured Housing Residential Zone. The adjacent properties include land use of residential and commercial; 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 January 14, 2020, where the item was positively recommend for approval to City Council; and g. The City Council determined that the amendment to the zoning maps is in accordance with the General Plan and development trends of the community. Having evaluated the staff report, statements from the applicant and the public, the City Council concluded that the proposed change in zoning for this property was an acceptable amendment to the Official Zoning Map; and h. The City Council 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 commercial 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 redevelopment suggested by the proposed zoning classification, C. The surrounding uses will be buffered from other residential and commercial development in the area; and D. The application conforms to the provisions of the Moab General Plan. NOW, THEREFORE, 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 #2021-01, 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 478 Mill Creek Drive, Moab UT 84532, to C-5 Neighborhood Commercial 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 January 26, 2021. SIGNED: ________________________________ Emily Niehaus, Mayor ATTEST: ________________________________ Sommar Johnson, Recorder R4 Zone t. It I o About Q Content Legend Moab City Limits r Moab City Zoning Li R-1 Li R-2 bk R-3 ' R4 p MH/RV-1 b RA -1 A-2 C-1 ® C-2 ' C-3 ' C-4 bk C -S 111 1-1 ' RC SAR -7% FC-1 County 9 About Q Content ,= Legend Legend Moab City Limits Moab City Zoning Li R-1 p R-2 Ilk R-3 ' R4 MH/RV-1 b RA -1 1111 A-2 lb C-1 C-2 bh C-3 bk C-4 © C -S bk 1-1 RC SAR ✓/ FC-1 County i I • Current Zoning Proposed Zoning Zone Change Request: 478 Mill Creek Drive 1. Justification for the Zone Change The Western Spirit Cycling building at 478 Mill Creek Drive is in need of a full replacement. The current zone is R-1, (single household residential). The current and historic use of the property is mixed use: office and residential, and for this reason we are requesting a zone change to C-5 to match the nearby zone on the other side of Oliver Street. In considering options, we explored the idea of developing the property as a residence to fit the R-1 zoning requirements and moving our business into Spanish Valley or some other out of town location. However, the Mill Creek corridor has become so busy over the years that the property does not really seem attractive or appropriate for a home. And with the development of Lions Back and the possibility of designated OHV routes in town, the corridor from 400 East to the Sandflats Road is destined to become even busier, and louder. As we thought more about the existing mixed use, we realized that a new building with proper landscaping designed for the mixed use of office and residential, could provide a buffer for the nearby homes from the noise of Mill Creek Drive. Our proposal is for a building with office space, storage, and employee housing which includes a staging courtyard and outdoor space. This more casual office setting with easy access to the outdoors, will provide affordable employee housing and meet the needs of our growing year- round staff. 2. Impacts and Required Mitigation The use of the property will be the same as the current use, creating no new impacts or the need for mitigation. The new building will meet all current codes and requirements. 3. Conformance with Surrounding Uses and Compliance with the Land Use Code and General Plan A. Vision for Moab Some of the key points in the Vision for Moab language included the general plan that apply to this project include: • Maintain and enhance Moab's small-town character, including safe and quiet neighborhoods, with commercial hubs offering a range of products and services. The neighborhood around the Western Spirit property could be considered a small commercial hub, with the nearby offices on 400 East, Dave's Corner Market, Milt's and another possible neighborhood restaurant. If the Western Spirit property was rezoned as C- 5, the new and greatly improved building, would better contribute to this small commercial hub. " E n c o u r a g e c o m m u n i t y - w i d e m u l t i - m o d a l ( w a l k i n g / b i k i n g / p a t h w a y ) c o n n e c t i v i t y , b e t w e e n s c h o o l s , n e i g h b o r h o o d s , w o r k p l a c e s , d o w n t o w n , a n d p o p u l a r a m e n i t i e s . O f f i c e s i n t h i s r e g i o n o f t o w n a r e c o n v e n i e n t t o m a n y h o m e s a n d a l l o w f o r e a s y m u l t i - m o d a l t r a n s p o r t a t i o n , w i t h o u t t h e n e e d t o t r a v e l a c r o s s t o w n . " E n c o u r a g e a r e s i l i e n t e c o n o m y , w i t h a m i x o f y e a r - r o u n d j o b s o f f e r i n g c o m p e t i t i v e s a l a r i e s , a s k i l l e d a n d e d u c a t e d w o r k f o r c e , a n d a n e n t r e p r e n e u r i a l c u l t u r e . T h e W e s t e r n S p i r i t t e a m i n c l u d e s 3 5 % y e a r - r o u n d p r o f e s s i o n a l s . W e s t e r n S p i r i t g u i d e s , t h e r e m a i n d e r o f t h e w o r k f o r c e , h a v e g o n e o n t o b e c o m e h e a l t h c a r e p r o f e s s i o n a l s a n d e n t r e p r e n e u r s i n M o a b a f t e r t h e y r e t i r e f r o m g u i d i n g . T h e b u i l d i n g a n d c o u r t y a r d w e h o p e t o c o n s t r u c t w i l l b e a r e c r u i t i n g t o o l f o r o u r c o m p a n y a n d a n y f u t u r e o c c u p a n t , t o a t t r a c t a n d r e t a i n t h e s k i l l e d w o r k f o r c e n e e d e d t o i m p r o v e t h e r e s i l i e n c y o f M o a b ' s e c o n o m y . " R e c o g n i z e t h e v a l u e o f M o a b ' s s u r r o u n d i n g l a n d s c a p e , i n c l u d i n g d a r k s k i e s , s o l a r a c c e s s , a n d o t h e r n a t u r a l r e s o u r c e s t o e n h a n c e t h e q u a l i t y o f l i f e f o r c o m m u n i t y r e s i d e n t s a n d t o e n s u r e t h e l o n g e v i t y o f M o a b ' s t o u r i s m i n d u s t r y . W e s t e r n S p i r i t ' s e n t i r e b u s i n e s s m o d e l d e p e n d s u p o n m a i n t a i n i n g t h e b e a u t y o f t h e M o a b l a n d s c a p e . O u r p u r p o s e i s t o s h a r e o u r b e a u t i f u l b a c k c o u n t r y a n d N a t i o n a l P a r k s w h i l e e m p l o y i n g l e a v e n o t r a c e p r i n c i p l e s a n d i n s p i r i n g o u r g u e s t s t o s u p p o r t o u r p u b l i c l a n d s . I n a d d i t i o n , i n t h e F u t u r e L a n d U s e c h a p t e r o f t h e M o a b G e n e r a l P l a n , t h e n e e d f o r i n f i l l t o p r e v e n t i n c r e a s e d s p r a w l i s m e n t i o n e d . C u r r e n t e c o n o m i c t r e n d s i n c l u d e t h e i n c r e a s e d d e s i r a b i l i t y o f s m a l l t o w n l i v i n g a n d t h e g r o w i n g n u m b e r o f ' f o o t l o o s e ' b u s i n e s s e s a n d p r o f e s s i o n a l s o f a l l t y p e s , w h o c a n l i v e w h e r e v e r t h e y c h o o s e . A l e s s f o r m a l o f f i c e b u i l d i n g a t t h e w e s t e r n e n d o f M i l l C r e e k D r i v e w i l l b e a t t r a c t i v e i n t h e l o n g r u n a n d w i l l a v o i d t h e n e e d f o r o u r b u s i n e s s , o r a f u t u r e b u s i n e s s l i k e o u r s , t o m o v e t o S a n J u a n C o u n t y a n d u l t i m a t e l y i n c r e a s e s p r a w l . B . M o a b C i t y G e n e r a l P l a n 9 E l e m e n t s C h a n g i n g t h e z o n i n g o f t h e W e s t e r n S p i r i t p r o p e r t y r e l a t e s t o t h e f o l l o w i n g e l e m e n t s o f t h e M o a b G e n e r a l p l a n : E l e m e n t 1 : E c o n o m i c D e v e l o p m e n t G O A L 1 : G E N E R A L P o l i c y 3 : E n c o u r a g e l o c a l b u s i n e s s e s a n d i n d u s t r i e s t o g r o w a n d t h r i v e . W h i l e W e s t e r n S p i r i t i s a s e a s o n a l b u s i n e s s , t h a t s e a s o n n o w s t r e t c h e s f r o m F e b r u a r y t o N o v e m b e r a n d i n c l u d e s a g r o w i n g n u m b e r o f w e l l - p a i d y e a r - r o u n d j o b s . I n a d d i t i o n , W e s t e r n S p i r i t i s a f o u n d i n g m e m b e r o f P u b l i c L a n d S o l u t i o n s a n o n - p r o f i t a l s o h i r i n g y e a r - r o u n d s t a f f , w h i c h w i l l b e h o u s e d i n t h e n e w b u i l d i n g . B o t h o r g a n i z a t i o n s w i l l b e m u c h i m p r o v e d b y a n e w f a c i l i t y . P o l i c y 4 : F a c i l i t a t e t h e g r o w t h o f l o c a l b u s i n e s s e s a n d i n d u s t r i e s i n a c o n t e x t a p p r o p r i a t e t o M o a b . ( s i z e , s c a l e , e t c . ) W h i l e W e s t e r n S p i r i t i s g r o w i n g , o u r o p e r a t i o n s e x t e n d t o o v e r 1 7 s t a t e s a t t h i s t i m e , s o o u r m a n a g e m e n t s t a f f w i l l g r o w i n M o a b , b u t t h e s i z e a n d s c o p e w i l l r e m a i n a p p r o p r i a t e f o r t h e p r o p e r t y . Policy 7: Support well planned festivals and events that appeal to a wide array of residents and visitors and provide a net benefit to the community, without undue impact on residential neighborhoods. Western Spirit is the promoter of Outerbike, a consumer bike demo event that is important to both the state of Utah and Moab's reputation as a must -experience mountain bike destination. Outerbike is held at the BAR M Trailhead and has no effect on residential neighborhoods. Element 2: Environmental Sustainability GOAL I: GENERAL Policy 1: Collaborate with local businesses and residents to expand opportunities for environmental sustainability. Our non-profit, Public Land Solutions does just this —we work with local businesses to support environmentally sustainable economic development. GOAL 3: AIR _0 UALITY Policy 2: Promote the use of alternative transportation that is non-polluting or reduces fossil fuel consumption. By adding neighborhood office space like this proposal, walking and biking to work is greatly facilitated. Policy 3: Encourage and promote energy conservation and the use of clean alternative energy sources such as solar, wind, etc. The new building will include solar panels. Element 3: Land Use and Growth GOAL I: GENERAL Encourage a diverse, compact, and efficient land use pattern that promotes resident quality of life and is aligned with the city's character, economy, and vision. Policy 1: Encourage development to consider the appearance, design, financial impact, and amenities of the community. Instead of a larger compound outside of town, we are choosing to work in a more compact efficient space that can be accessed easily by residential areas by bike or walking. GOAL 5: STREET TREES AND LANDSCAPING Improve the overall visual, recreational and environmental quality of the community through the use of trees and vegetation. Policy I: Utilize climate -appropriate vegetation to beautify and provide shade in and around paved areas. Action Steps: We are very excited to landscape this property to meet these goals with shade and natural vegetation. GOAL 7: COMMERCIAL Promote appropriate commercial development while maintaining quality of life for residents. Policy 1: Consider zone changes and adjustments that balance property rights and community benefits. Policy 2: Work with property owners and businesses to create more appealing commercial areas for residents. These policies define exactly what we hope to do —provide the community with an office area that is appealing for current uses and future residents. GOAL 8: RESIDENTIAL Promote a variety of housing types and neighborhoods for primary residences. Policy 1: Work with developers and neighborhoods to promote different, densities and forms. The design we hope to build will provide a unique housing opportunity for a key component of the Moab population. Western Spirit guides are our companies most important resources we work to help them 'graduate from the Western Spirit program' with a down payment saved and the skill set to move forward in their careers. Providing housing to them while they are guiding allows them to do just that. Element 4: Housing GOAL 1: GENERAL Implement a housing strategy that meets the needs of current residents, anticipates growth in housing demand, promotes a cohesive small-town environment and supports a high quality of life. Policy 1: Encourage housing opportunities for a variety of needs and income levels. Our guides are generally at the beginning of their careers and meeting their housing needs efficiently allows them to save for their futures and our facilities really do meet their needs. Community Nodes Master Plan — Draft Oct 1, 2019 From this planning document the area along 400 East and around the corner on the Mill Creek is described as mixed use: Node 4: 400 East From Center Street to 400 South, 400 East is transformed into a unified mixed -use walking and biking district. The concept maintains the low -density, single-family character while targeting specific sites with supportive mixed -use development. The result is a unified street lined with a wide range of low -intensity and eclectic uses that can be explored on foot or bike. The character changes from distinctly residential in the north to a more commercial feel to the south, which is aligned with the general structure of the area at present. The mixed -use building with housing and office space seems to fit well into this vision of the area. Thank -you for your consideration of this proposal. We appreciate all. the time and work of the staff and the planning commission. Ashley Korenblat ashley@westernspirit.corn 801-910-3205 Moab Area Community Nodes Master Plan October 2019 7 * * * * 40 0 E A S T 30 0 E A S T 20 0 E A S T HI L L S I D E D R 10 0 E A S T 200 SOUTH 300 SOUTH 100 SOUTH CENTER ST ROSE TREE LN NICHOLS LN SUNDIAL DR LOVERIDGE DR MI L L C R E E K D R NODE 4: 400 EAST Enhanced Connection to Moab Trail & Bike System Existing Moab Trail & Bike System Key Intersection Apache Motel Center Street Ball Fields DOWNTOWN MOAB Moab Charter School Freemason Lodge Grand Co. School District New office building New office building Barber shop Dave’s Corner Market Pueblo Court Apart- mentsGrand Co. Middle School Bark Park Milt’s Stop N Eat Thrift store Underutilized parcels Existing single-family homes Existing single-family homes Existing single-family homes Group of underutilized in close proximity to the core of downtown Moab; future development should match the character and scale of existing neighborhood Existing homes allowed to convert or be improved to accommodate commercial uses while remaining a similar scale and form to the surrounding residential area Existing homes allowed to convert or be improved to accommodate commercial uses while remaining a similar scale and form to the surrounding residential area Existing homes allowed to convert or be improved to accommodate commercial uses while remaining a similar scale and form to the surrounding residential area Legend Mixed Use Buildings should be small in scale and stature to match the established character and tone of the area. Multifamily Residential Residential / Cottage Commercial Existing residential buildings are encouraged to remain with targeted cottage commercial infill permitted, maintaining the small-scale/low-intensity tenor of the area. Building improvements, expansions and new construction should be carefully implemented to ensure the scale and character of the surrounding neighborhood is maintained. Small Single-Family Residential Precedents Overview From Center Street to 400 South, 400 East is transformed into a unified mixed-use walking and biking district. The concept maintains the low-density, single-family character while targeting specific sites with supportive mixed use development. The result is a unified street lined with a wide range of low-intensity and eclectic uses that can be explored on foot or bike. The character changes from distinctly residential in the north to a more commercial feel to the south, which is aligned with the general structure of the area at present. * A A B B C C Each intersection should be distinguished with special paving, art, crossings and similar enhancements, unified through a common district design approach. New residential development should match the established small-scale character. Residential Focus Residential-Commercial Transition Community Commercial Focus New townhouses and/or bungalow courts are carefully integrated, enhancing the established small-scale, residential character. Page 1 of 5 January 26, 2021 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR MEETING January 26, 2021 The Moab City Council held its Regular Meeting on the above date. Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID-19 pandemic and considering public health orders limiting in-person gatherings, the Moab City Council will continue to hold meetings by electronic means. An audio recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Call to Order and Attendance: Mayor Niehaus called the Regular City Council Meeting to order at 7:04 p.m. Participating remotely were Councilmembers Karen Guzman-Newton, Tawny Knuteson-Boyd, Rani Derasary, Mike Duncan and Kalen Jones. City staff participating remotely were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson, Recorder Sommar Johnson, Police Chief Bret Edge, Planner Nora Shepard, Public Works Director Levi Jones, Engineer Chuck Williams and Communication Director Lisa Church. A video recording is archived at https://www.youtube.com/watch?v=YgPBftk31Yw. Citizens to be Heard: Written comments may be viewed at https://moabcity.org/151/City- Council. Sara Melnicoff shared that she received a citizen service award from the police department. She praised the police department for work on a record number of assists in 2020. She discussed the expenditures of her group on persons who requested assistance. She thanked Chief Edge and the department for their help. Chloe Hedden spoke in response to a recent demand letter from a pro-Utility Side-By-Side Vehicle (UTV) group in Utah to the County. She stated her belief that the group made it clear they will stop at nothing to assert their “right” to destroy the peaceful environment of our homes and neighborhoods. She said that, in taking a litigious stance against the County, the pro-UTV groups in Utah have been clear with their intention to subordinate the needs of the local community. She encouraged City Council to stand united in strength as a community to unequivocally assert rights to the peaceful enjoyment of our homes and neighborhoods. She said loud recreation is a privilege, not a right and that privilege has been squandered. With regard to the UTV rental businesses and guide outfits, she said we all know the noise problem is out of control in Moab and needs immediate attention. She stated she supports the City Council’s temporary moratorium on new UTV rental businesses and events. She said residents are being severely impacted and City Council needs to respond with bold action on all available fronts. Pete Gross commented on excessive noise and denoted the moratorium. He referred to the Blue Ribbon Coalition letter to the Council and found it absurd the assertion that UTV noise constitutes protected speech under the First Amendment. Mr. Gross encouraged Council to strengthen and enforce the noise ordinance. He took issue with assertions made in the letter regarding noise measurement standards and commended Councilmember Duncan’s decibel- measuring methodology. He expressed his belief that enforcement would not be as onerous or difficult as we have been led to believe. He indicated he did not know about the legal ramifications of enforcement, but from a physics perspective, the measurement of noise is unambiguous. He concluded by thanking Council for all efforts to mitigate noise. Dan Kent expressed his appreciation for the direction of the City to mitigate noise and control Page 2 of 5 January 26, 2021 All-Terrain Vehicles (ATVs). He said it was absolutely vital to keeping the character of the town the way it is. He concluded by saying we have been overrun in the last couple of years and we’ve got to do something now and [Council is] doing it. He said he wanted to provide extra ballast in case the City wants to take on potential legal threats from the Blue Ribbon Coalition and others and he said he hopes the City has a lot of backing from the people in town and environmental groups across the nation that realize Moab is a proving ground for just this kind of abuse. Administrative Reports: 13:11 - 45:24 Mayor Niehaus reported that citizens can call the Southeast Utah Health Department (SEUHD) with questions about vaccination. She said that all available appointments were booked within eight minutes. She said she was grateful to the Health Department and Moab Regional Hospital. City Manager Linares said vaccinations are currently for healthcare workers, first responders, educators and persons over 70 years of age. He added there were currently 97 active local cases. He also commended the Road Department for work during and after recent snow storms. Linares stated the annual budget process is underway. He also noted the land use code rewrite is a priority for the year. He reiterated the mask order is still in effect. He announced that Levi Jones is recognized as the Supervisor of the Year and Chace Gholson is employee of the year. He concluded by announcing revenues are 145 percent of last year. Police Chief Edge reported on an ongoing review of the Use of Force policy. He described a demonstration of a virtual reality Use of Force training module and indicated the cost is $26,000 and the police department seeks grants to fund its purchase. Edge noted Police Department Office Manager Kelli Day is actively seeking grants for canine support and radar units. Edge thanked Councilmember Derasary for the cards she sent to the recent police department recipients of awards given locally and also from the National Association for the Advancement of Colored People (NAACP). Councilmember Duncan brought up pending legislation regarding carrying concealed weapons without a permit. Communication Manager Church and Recorder Johnson reported on the Buy Local Bucks program funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. They indicated that all available funds had been expended as of that day. Church said all businesses participating in the program had been notified that the program was ending. She commended Recorder Johnson and Deputy Recorder Kerri Kirk for their hard work on what she noted was a hugely successful program. Councilmember Knuteson-Boyd noted that most of the funds had been redeemed at grocery stores. City Manager Linares thanked Pat Trim and his staff for their work notifying businesses. Recorder Johnson agreed to make a list of where coupons had been redeemed available for public review. Linares also noted there was no evidence of residents cheating by asking for extra coupons. Church reported on the organizational grant program and said applications were due by the end of the week. She stated the City had received 11 applications to date. Mayor and Council asked about eligibility and grant amounts. Church announced staff members deliberating the requests. Mayor and Council Reports: 45:29 - 1:16:07 Mayor Niehaus reported she met with members of a UTV group who spoke of the overwhelming support for a new UTV speed limit, which they felt was effective. She brought up legal concerns expressed by Rally on the Rocks organizers. She mentioned she had met with Ben Burr of the Blue Ribbon Coalition in the past year, who made suggestions and offered ideas; Mayor Niehaus lamented that those same ideas are now the subject of pushback when the City acted to implement them. She stated that compromise is needed. She noted a planned pow wow in Page 3 of 5 January 26, 2021 September organized by the Salt Lake Air Protectors and suggested it could be healing for the community. Mayor Niehaus reported she met with the state director of the Bureau of Land Management (BLM) and indicated they had a frank conversation about UTVs. She concluded with a brief overview of work regarding the ongoing legislative session. Councilmember Derasary reported the Moab uranium tailings removal project is at the 70 percent mark. She said she met with the System of Care group which assists families of children with behavioral and emotional issues. She reported on the recent meeting of the Emergency Medical Services Special Service District board, and said there were 52 incidents as of January 19. She said COVID vaccinations for staff were ongoing. She also mentioned her work regarding the ongoing legislative session. Mayor Niehaus asked about the future plans for the tailings site and Councilmember Derasary indicated another draft of the plan would be prepared in 2023 and current information is available at www.grandcountyutah.net/257/Moab-UMTRA-Project. Councilmember Duncan reported two positions are open on the City’s Water Conservation and Drought Management Advisory Board. He noted that Mark Stilson, the Regional Engineer for the Utah Department of Water Rights, is concerned about a brine layer in the aquifer. He said private wells could be affected. Duncan commented on his home experiments measuring sound with a handheld meter. He also noted there is now a water shortage issue with the Grand Water and Sewer Service Agency, the County’s water provider. He said it was due to the low snow pack and said the County might request new water rights. Councilmember Knuteson-Boyd reported on a recent meeting of the Canyonlands Care Center board. She said that although several employees had tested COVID positive, no patients have contracted the virus. She commended the staff and noted nurses vaccinated the entire patient population as well as staff in one hour. She said the Care Center was celebrating its tenth anniversary and also stated that workman’s compensation claims went down. She spoke about a Housing Authority meeting she attended and announced there would be small cottages as a living option in the upcoming Arroyo Crossing development. She noted the Moab Area Project for Seniors (MAPS), the Virginian Apartments and Cinema Court are all full with waitlists. She reported the Museum Board is working on goals for the year. Councilmember Guzman-Newton reported she had to attend to a family emergency and did not attend many meetings in the past weeks. She brought up the Community Development Block Grants that were currently available for local entities. Councilmember Jones reported on his work regarding the current legislative session. He also conveyed that at a Solid Waste Special Service District meeting, statistics were presented that indicate waste production is on par with local revenues, indicating the community is not making progress toward zero waste. He brought up the potential for sponsorships for the Canyonlands Recycling Center. Councilmember Duncan asked about statistics regarding the City’s single- stream program and City Manager Linares stated he could get information from the Treasurer. Presentations: Amanda Knill, Community Coordinator for Grand County School District, updated Council on new administrators and school board members. She said the new middle school will be named for the late Margaret Hopkin and April 5 is the date for the grand opening. Knill presented statistics on students and staff as well as meals served to students. She said that all staff were offered vaccines and 80 percent had received shots. Councilmember Guzman-Newton asked about student numbers in view of the pandemic and Knill indicated enrollment was down by 70 students. Free and reduced lunch statistics were discussed. Page 4 of 5 January 26, 2021 Dr. Ros McCann of the Utah State University Extension spoke about water issues and opportunities. She explained the region is experiencing a water crisis and a climate-caused hotspot. She noted Colorado River flow had declined 20 percent in the last century. She mentioned rainwater harvesting as an opportunity for water conservation and mentioned recent legislative changes regarding the practice. Approval of Minutes: Motion and Vote: Councilmember Duncan moved to approve the minutes for the January 12, 2021, Regular Meeting. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Derasary, Jones, Guzman-Newton, Knuteson-Boyd, and Duncan voting aye in a roll call vote. Proclamation of Moab City Law Enforcement Appreciation Day Mayor Niehaus read a proclamation signifying January 27, 2021 as Moab City Law Enforcement Appreciation Day. Old Business: Proposed Ordinance 2021-02 relating to All-Terrain Vehicles—Tabled Presentation: Planner Shepard presented progress on a temporary moratorium on All Terrain Vehicle (ATV) businesses. Discussion with Council ensued, focused mainly on the question of expansion of fleets and scope of existing businesses. Shepard stated there was little concern about an existing business improving properties but the expansion of fleets needed clarification. Attorney Simonson explained options to the Council. Motion: Councilmember Duncan moved to adopt Ordinance 2021-02 enacting a temporary land use regulation prohibiting, for a period of 180 days, the development and expansion of new vehicle sales, rentals or leasing, commercial outdoor recreational uses, commercial and recreational tour companies, outfitters, and guide services as they pertain to All Terrain Vehicles (ATVs) as defined by Utah State Code §§ 41- 6a-102 and 41-22-2. Councilmember Jones seconded the motion. Discussion: Discussion about solving noise problems was heard, and Councilmember Knuteson-Boyd stated the version as presented would not meet noise abatement objectives nor discourage the bad behavior exhibited by ATV owners. Councilmember Guzman-Newton stated she doesn’t want to micromanage existing businesses and agrees that noise is an issue. She added it was justifiable to curtail new businesses, and Councilmember Knuteson-Boyd concurred. Councilmember Jones suggested that if there were expansions to existing fleets, new vehicles must be trailered to trailheads. He pointed out this use constitutes an industrial use in residential areas. Councilmember Duncan stated he preferred the version presented in the packet and suggested it might be effective to require that all businesses apply specific noise standards. Mayor Niehaus indicated that data from Sand Flats suggests the majority of ATVs at the booth are rentals or tours. Councilmember Guzman-Newton expressed her opinion that the majority of ATVs are privately owned. Councilmember Duncan withdrew his motion. New Motion: Councilmember Derasary moved to approve the version of proposed Ordinance 2021-02 as presented in the Council Packet. Councilmember Jones seconded the motion. Vote: The motion failed with Councilmembers Duncan, Guzman-Newton and Knuteson-Boyd voting nay and Councilmembers Jones and Derasary voting aye. Motion to Table: Councilmember Guzman-Newton moved to table the redlined version of proposed Ordinance 2021-02 until the next regular meeting of the Council. Councilmember Knuteson-Boyd seconded the motion. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Page 5 of 5 January 26, 2021 New Business: Water Meter Purchase—Approved Motion: Councilmember Knuteson-Boyd moved to award the 2020/2021 Water Meter Purchase to Meterworks Incorporated in an amount not to exceed $140,000. Councilmember Derasary seconded the motion. Discussion: Public Works Director Jones answered questions from Council about the proposed product and the economy of switching to another brand at this time. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Culinary Water Resources Policy and Conservation Measures—Approved Presentation: Assistant Manager Castle, along with Engineer Williams, briefly presented the project of drafting water conservation ordinances. Mayor Niehaus indicated a future workshop was desired. Councilmember Knuteson-Boyd asked questions about violation fines and Councilmember Duncan asked about what happens if everyone waters in the evening. Williams stated he would develop demand models. Councilmember Guzman-Newton mentioned the possibility of grants for smart meters for residents. Motion: Councilmember Jones moved to direct staff to develop a Draft Water Shortage Contingency Ordinance and a corresponding Water Shortage Contingency Plan, and Time-of- Day/Day-of-the-Week Water Resource Management Ordinance. Councilmember Duncan seconded the motion. Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Approval of Bills Against the City of Moab: Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City of Moab in the amount of $183,200.55. Councilmember Jones seconded the motion. The motion passed 5-0 with Councilmembers Jones, Duncan, Guzman-Newton, Derasary, and Knuteson- Boyd voting aye in a roll call vote. Executive (Closed) Session: Motion and Vote: Councilmember Knuteson-Boyd moved to enter an executive closed session to discuss strategy regarding reasonably imminent and/or pending litigation. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus opened the Executive Session at 10:01 p.m. Councilmember Knuteson-Boyd moved to close the Executive Session. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Mayor Niehaus closed the Executive Session at 10:12 p.m. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Guzman-Newton seconded the motion. The motion passed unanimously and Mayor Niehaus adjourned the meeting at 10:12 p.m. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Moab City Council Agenda Item Meeting Date: February 9, 2021 Title: Ordinance 2021-02: AN ORDINANCE ENACTING A TEMPORARY LAND USE REGULATION PROHIBITING, FOR A PERIOD OF 180 DAYS, THE DEVELOPMENT AND EXPANSION OF VEHICLE SALES, RENTALS OR LEASING, COMMERCIAL OUTDOOR RECREATIONAL USES, COMMERCIAL AND RECREATIONAL TOUR COMPANIES, OUTFITTERS AND GUIDE SERVICES AS THEY PERTAIN TO ALL TERRAIN VEHCILES, AS DEFINED BY UTAH CODE §§ 41-6a-102 AND 41-22-2 Disposition: Discussion and possible approval Staff Presenter: Nora Shepard, Planning Director Attachment(s): Option A: Proposed Ordinance 2021-02 no expansion allowed Option B: Previous 2021-02 expansion allowed Recommended Motions: I move to adopt Ordinance 2021-02, Option A, enacting a temporary land use regulation prohibiting, for a period of 180 days, the development and expansion of new vehicle sales, rentals or leasing, commercial outdoor recreational uses, commercial and recreational tour companies, outfitters, and guide services as they pertain to All Terrain Vehicles (ATVs) as defined by Utah State Code §§ 41-6a-102 and 41-22-2. OR I move to adopt Ordinance 2021-02, Option A, enacting a temporary land use regulation prohibiting, for a period of 180 days, the development of new vehicle sales, rentals or leasing, commercial outdoor recreational uses, commercial and recreational tour companies, outfitters, and guide services as they pertain to All Terrain Vehicles (ATVs) as defined by Utah State Code §§ 41- 6a-102 and 41-22-2. Background/Summary: Based on the City Council Discussions on ATVs held on January 12, 2021 and January 26, 2021, two options for a Temporary Zoning Regulation have been prepared for your consideration and possible approval. This action is permitted pursuant to Utah Code Annotated (“U.C.A.”) §10-9a-504, a municipal legislative body may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if: (i) the legislative body makes a finding of compelling, countervailing public interest; or (ii) the area is unregulated. (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval. (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact fee or other financial requirement on building or development. (2) The municipal legislative body shall establish a period of limited effect for the ordinance not to exceed six months; The intent of the ordinance is to allow the City 180 days to develop new regulations to better address ATVs in Moab. This is part of a larger effort that includes addressing impacts created by increased ATV use. Both of the options presented include amended language suggested by Council Members. Ordinance Language: The proposed Ordinance options consist of supporting statements (the Whereas statements) that explain why such an action is necessary at this time. Many of the items were taken from the Joint Resolution approved by the City Council and the County Commission. They have been modified to apply to the City only. References to Grand County have been deleted. These statements support the need for this action. The specific direction to enact the ordinance is similar to the language the City Council adopted as a part of the Temporary Zoning Regulation on Overnight Accommodations, modified to address ATVs. Inventory of Existing ATV Businesses Information of our existing ATV businesses and numbers of vehicles will be sent as a separate document. 1 CITY OF MOAB ORDINANCE NO. 2021-02 AN ORDINANCE ENACTING A TEMPORARY LAND USE REGULATION PROHIBITING, FOR A PERIOD OF 180 DAYS, THE NEW DEVELOPMENT OR EXPANSION OF VEHICLE SALES, RENTALS OR LEASING, COMMERCIAL OUTDOOR RECREATIONAL USES, COMMERCIAL AND RECREATIONAL TOUR COMPANIES, OUTFITTERS AND GUIDE SERVICES AS THEY PERTAIN TO ALL TERRAIN VEHCILES, AS DEFINED BY AND DEFINED UNDER UTAH CODE §§ 41-6a-102 AND 41-22-2 WHEREAS, pursuant to Utah Code Annotated (“U.C.A.”) §10-9a-504, a municipal legislative body may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if: (i) the legislative body makes a finding of compelling, countervailing public interest; or (ii) the area is unregulated. (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval. (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact fee or other financial requirement on building or development. (2) The municipal legislative body shall establish a period of limited effect for the ordinance not to exceed six months; WHEREAS, Utah Code § 41-6a-1509 permits the operation of street-legal all-terrain vehicles on County roads and City streets (subject to certain requirements); WHEREAS, Chapter 9a of Title 10 of the Utah Code authorizes the City of Moab to enact ordinances, resolutions, and rules and to enter into other forms of land use controls and development agreements that the City consider necessary or appropriate for the use and development of land within the City of Moab, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing: uses; density; open spaces; structures; buildings; energy-efficiency; light and air; air quality; transportation and public or alternative transportation; infrastructure; street and building orientation and width requirements; public facilities; fundamental fairness in land use regulation; and considerations of surrounding land uses to balance the foregoing purposes with a landowner's private property interests and associated statutory and constitutional protections; 2 WHEREAS, Chapter 9a of Title 10 of the Utah Code requires the City of Moab to provide for the health, safety, and welfare of its residents; improve the peace and good order, comfort, convenience, and aesthetics of the City; protect the tax base; foster the state’s agricultural and other industries; promote the orderly development of urban and nonurban development; provide fundamental fairness in land use regulation; and facilitate orderly growth and allow growth in a variety of housing types; WHEREAS, the Moab City Council (“City Council”) adopted the City of Moab General Plan Update on July 11, 2017 with Resolution No. 28 (2017) and adopted the General Ordinances of Moab, Utah in 1958, as amended (“City Code”); WHEREAS, from time to time, the City adopts ordinances to modify the LUC and City Code to further the purposes of the respective Land Use, Development, and Management Acts and align the same with changing community conditions and state law; WHEREAS, while the City General Plans acknowledge the important contribution of tourism to the local economy, it also states that business development shall be ecologically responsible, fit the community and the needs and preferences of the residents, and be designed to avoid damaging natural amenities and resources. The General Plan also prioritizes a balance between economic sectors and recreational users to enhance the local recreational, scenic, and cultural amenities to attract and accommodate visitors; WHEREAS, the City Code currently permits “vehicle sales and rentals,” “outdoor recreational uses, commercial,” and “recreational tour companies, outfitters and guide services” in Sections 17.21.20(A)(18), 17.24.20(A)(26), 17.27.20(A)(38), 17.31.20(A)(13) and (14), and 17.32.20(A)(4)(h); WHEREAS, as provided in Utah Code §§ 10-1-203, the City adopted ordinances which provide for the licensing of businesses within their jurisdictions for the purpose of regulation and includes the power to deny, revoke, or suspend such licenses, as codified in Chapter 5 of the City Municipal Code; WHEREAS, the rapid growth of ATV rentals and tours in the City has resulted in a sharp increase in noise impacts to the residents of the City during all hours of the day and night; WHEREAS, numerous studies have found: noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke; small increases in unwanted ambient sound have significant health effects; and noise aggravates health conditions by inducing higher levels of stress;1 1 Floud, Medication use in relation to noise from aircraft and road traffic in six European countries: results of the HYENA study, https://pubmed.ncbi.nlm.nih.gov/21084328/; Schmidt, Effect of nighttime aircraft noise exposure on endothelial function and stress hormone release in healthy adults https://academic.oup.com/eurheartj/article/34/45/3508/435199; Hahad, Annoyance to Different Noise Sources is Associated With Atrial Fibrillation, https://www.internationaljournalofcardiology.com/article/S0167- 5273(17)37174-7/fulltext; 3 WHEREAS, at least one additional study has found that people living in areas with more road traffic noise were 25 percent more likely than those living in quieter neighborhoods to have symptoms of depression;2 WHEREAS, studies have shown that continuous noise in excess of 30 dB disturbs sleep, which is well documented to be a prerequisite for good physiologic and mental functioning in healthy individuals,3 and the U.S. Environmental Protection Agency sound guidance for the protection of human health and welfare in rural areas is 55 dB;4 WHEREAS, during operation on streets and roads, most All-Terrain Vehicles in the state of Utah (not built to California noise standards) produce decibel levels louder than 70 dBA and often between 85 and 100 dBA;5 WHEREAS, the Moab valley is narrow and surrounded by sandstone cliffs which cause noise generated by ATV rentals and tours to reverberate valley-wide, which increases the impact of ATV rentals and tours on residents and visitors; WHEREAS, several popular ATV trails are accessed through residential neighborhoods in the City, which increases the impact of ATV rentals and tours on residents and visitors; WHEREAS, market conditions and the boom in ATV rentals and tours have impacted other recreational user groups and associated economic activity, including mountain biking, hiking, rafting, and climbing, which economic sectors thrive in natural quiet; WHEREAS, in the Fall of 2020, the City received a historic number of public comments objecting to noise impacts from ATV rentals and tours (and related special events), which public comments are included in the record for the joint meeting of the City and County on October 20, 2020; WHEREAS, under Utah law, the City may exercise powers and perform functions that are reasonably related to the safety, health, morals, and welfare of its inhabitants; and WHEREAS, for the reasons articulated above and under the authority set forth herein, the Moab City Council finds that compelling, countervailing public interests justify the temporary prohibition of new or expanded sale, rental, or leasing of All-Terrain Vehicles and ATV outfitting, guiding, and touring, 2 Orban, Residential Road Traffic Noise and High Depressive Symptoms after Five Years of Follow-up: Results from the Heinz Nixdorf Recall Study, https://ehp.niehs.nih.gov/doi/10.1289/ehp.1409400 3 Jariwala, Noise Pollution and Human Health: A Review, https://www.researchgate.net/publication/319329633_Noise_Pollution_Human_Health_A_Review 4 Harrison, Rock Creek Enduro Sound Tests, Eldorado National Forest, USDA Forest Service Special Report, May 1994. 4 NOW, THEREFORE BE IT RESOLVED that the Moab City Council does hereby enact a temporary prohibition of new or expanded uses for the sale, rental, or leasing of All-Terrain Vehicles and ATV outfitting, guiding, and touring as follows: Section 1: Definitions: A. “All-Terrain Vehicles (ATVs or ATV)” shall mean all-terrain Type I, II, and III vehicles as defined under Utah Code §§ 41-6a-102 and 41-22-2; B. “Outfitting, Guiding, and Touring” shall mean accompanying customers and guests in an ATV, and/or outfitting a customer or guest with an ATV, whether driving the vehicle or not, whether or not monetary compensation is exchanged; and C. “Sale, Rental, and Leasing” shall include the business use of All-Terrain Vehicles for customers, guests, or vendors or any other commercial activity involving an All-Terrain Vehicles whether or not monetary compensation is exchanged. D. “Established ATV Businesses” shall mean the ATV “vehicle sales and rentals,” “outdoor recreational uses, commercial,” and “recreational tour companies, outfitters and guide services” that have a valid business license as of the date of the adoption of this Ordinance. Section 2: Temporary Regulation and Duration. The City hereby enacts a temporary land use regulation prohibiting, for a period of 180 days, the development of new and expanded vehicle sales, rentals and leasing, outdoor recreational uses, commercial and recreational tour companies, outfitters and guide services as they pertain to All Terrain Vehicles. Section 3: Established ATV Businesses. Established ATV Businesses, as defined in Section 1 Definitions, shall be allowed to improve their properties, with applicable City Permits (Site Plan Review, Building Permits). Businesses may not increase the number of ATVs for rental, sales, leasing, touring and guide services above/beyond the number in their possession at the time this ordinance takes effect. Replacement of existing machines, eg, to replace broken or aged units, such that overall number does not change is permissible. Businesses may also increase or modify the sale of accessories and soft goods. Section 4: Direction to Staff. Staff is directed to engage with Council in further study and development of policy recommendations to the City Council to implement ordinance changes complementary to this ordinance. 5 Section 5: Enforcement. The City may enforce this ordinance in a civil action to obtain injunctive or declaratory relief. In any such proceeding, the City need only prove the existence of a violation of the ordinance to obtain the injunction. Injunctive relief shall be granted without a requirement of the posting of a bond or other security. Section 6: Severability. If any provision of this ordinance shall be found to be invalid by any court with jurisdiction, the provision shall be severed and the remainder of the ordinance shall be enforced without the severed provision. Section 7: Effective Date. This ordinance shall take effect immediately upon passage by the City Council, regardless of the date of publication. The City shall promptly publish same. Approved and adopted upon the vote of a majority of the City Council, this 26 day of January, 2021. __________________________________________________________ Mayor Emily S. Niehaus Date Attest: __________________________________________________________ By: Sommar Johnson, Clerk/Recorder Date 1 CITY OF MOAB ORDINANCE NO. 2021-02 AN ORDINANCE ENACTING A TEMPORARY LAND USE REGULATION PROHIBITING, FOR A PERIOD OF 180 DAYS, THE NEW DEVELOPMENT OR EXPANSION OF VEHICLE SALES, RENTALS OR LEASING, COMMERCIAL OUTDOOR RECREATIONAL USES, COMMERCIAL AND RECREATIONAL TOUR COMPANIES, OUTFITTERS AND GUIDE SERVICES AS THEY PERTAIN TO ALL TERRAIN VEHCILESVEHICLES, AS DEFINED BY AND DEFINED UNDER UTAH CODE §§ 41-6a- 102 AND 41-22-2 WHEREAS, pursuant to Utah Code Annotated (“U.C.A.”) §10-9a-504, a municipal legislative body may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if: (i) the legislative body makes a finding of compelling, countervailing public interest; or (ii) the area is unregulated. (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval. (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact fee or other financial requirement on building or development. (2) The municipal legislative body shall establish a period of limited effect for the ordinance not to exceed six months; WHEREAS, Utah Code § 41-6a-1509 permits the operation of street-legal all-terrain vehicles on County roads and City streets (subject to certain requirements); WHEREAS, Chapter 9a of Title 10 of the Utah Code authorizes the City of Moab to enact ordinances, resolutions, and rules and to enter into other forms of land use controls and development agreements that the City consider necessary or appropriate for the use and development of land within the City of Moab, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing: uses; density; open spaces; structures; buildings; energy-efficiency; light and air; air quality; transportation and public or alternative transportation; infrastructure; street and building orientation and width requirements; public facilities; fundamental fairness in land use regulation; and considerations of surrounding land uses to balance the foregoing purposes with a landowner's private property interests and associated statutory and constitutional protections; 2 WHEREAS, Chapter 9a of Title 10 of the Utah Code requires the City of Moab to provide for the health, safety, and welfare of its residents; improve the peace and good order, comfort, convenience, and aesthetics of the City; protect the tax base; foster the state’s agricultural and other industries; promote the orderly development of urban and nonurban development; provide fundamental fairness in land use regulation; and facilitate orderly growth and allow growth in a variety of housing types; WHEREAS, the Moab City Council (“City Council”) adopted the City of Moab General Plan Update on July 11, 2017 with Resolution No. 28 (2017) and adopted the General Ordinances of Moab, Utah in 1958, as amended (“City Code”); WHEREAS, from time to time, the City adopts ordinances to modify the LUC and City Code to further the purposes of the respective Land Use, Development, and Management Acts and align the same with changing community conditions and state law; WHEREAS, while the City General Plans acknowledge the important contribution of tourism to the local economy, it also states that business development shall be ecologically responsible, fit the community and the needs and preferences of the residents, and be designed to avoid damaging natural amenities and resources. The General Plan also prioritizes a balance between economic sectors and recreational users to enhance the local recreational, scenic, and cultural amenities to attract and accommodate visitors; WHEREAS, the City Code currently permits “vehicle sales and rentals,” “outdoor recreational uses, commercial,” and “recreational tour companies, outfitters and guide services” in Sections 17.21.20(A)(18), 17.24.20(A)(26), 17.27.20(A)(38), 17.31.20(A)(13) and (14), and 17.32.20(A)(4)(h); WHEREAS, as provided in Utah Code §§ 10-1-203, the City adopted ordinances which provide for the licensing of businesses within their jurisdictions for the purpose of regulation and includes the power to deny, revoke, or suspend such licenses, as codified in Chapter 5 of the City Municipal Code; WHEREAS, the rapid growth of ATV rentals and tours in the City has resulted in a sharp increase in noise impacts to the residents of the City during all hours of the day and night; WHEREAS, numerous studies have found: noise pollution increases anxiety, depression, high blood pressure, heart disease, and stroke; small increases in unwanted ambient sound have significant health effects; and noise aggravates health conditions by inducing higher levels of stress;1 1 Floud, Medication use in relation to noise from aircraft and road traffic in six European countries: results of the HYENA study, https://pubmed.ncbi.nlm.nih.gov/21084328/; Schmidt, Effect of nighttime aircraft noise exposure on endothelial function and stress hormone release in healthy adults https://academic.oup.com/eurheartj/article/34/45/3508/435199; Hahad, Annoyance to Different Noise Sources is Associated With Atrial Fibrillation, https://www.internationaljournalofcardiology.com/article/S0167- 5273(17)37174-7/fulltext; 3 WHEREAS, at least one additional study has found that people living in areas with more road traffic noise were 25 percent more likely than those living in quieter neighborhoods to have symptoms of depression;2 WHEREAS, studies have shown that continuous noise in excess of 30 dB disturbs sleep, which is well documented to be a prerequisite for good physiologic and mental functioning in healthy individuals,3 and the U.S. Environmental Protection Agency sound guidance for the protection of human health and welfare in rural areas is 55 dB;4 WHEREAS, during operation on streets and roads, most All-Terrain Vehicles in the state of Utah (not built to California noise standards) produce decibel levels louder than 70 dBA and often between 85 and 100 dBA;5 WHEREAS, the Moab valley is narrow and surrounded by sandstone cliffs which cause noise generated by ATV rentals and tours to reverberate valley-wide, which increases the impact of ATV rentals and tours on residents and visitors; WHEREAS, several popular ATV trails are accessed through residential neighborhoods in the City, which increases the impact of ATV rentals and tours on residents and visitors; WHEREAS, market conditions and the boom in ATV rentals and tours have impacted other recreational user groups and associated economic activity, including mountain biking, hiking, rafting, and climbing, which economic sectors thrive in natural quiet; WHEREAS, in the Fall of 2020, the City received a historic number of public comments objecting to noise impacts from ATV rentals and tours (and related special events), which public comments are included in the record for the joint meeting of the City and County on October 20, 2020; WHEREAS, under Utah law, the City may exercise powers and perform functions that are reasonably related to the safety, health, morals, and welfare of its inhabitants; and WHEREAS, for the reasons articulated above and under the authority set forth herein, the Moab City Council finds that compelling, countervailing public interests justify the temporary prohibition of new or expanded sale, rental, or leasing of All-Terrain Vehicles and ATV outfitting, guiding, and touring, 2 Orban, Residential Road Traffic Noise and High Depressive Symptoms after Five Years of Follow-up: Results from the Heinz Nixdorf Recall Study, https://ehp.niehs.nih.gov/doi/10.1289/ehp.1409400 3 Jariwala, Noise Pollution and Human Health: A Review, https://www.researchgate.net/publication/319329633_Noise_Pollution_Human_Health_A_Review 4 Harrison, Rock Creek Enduro Sound Tests, Eldorado National Forest, USDA Forest Service Special Report, May 1994. 4 NOW, THEREFORE BE IT RESOLVED that the Moab City Council does hereby enact a temporary prohibition of new or expanded uses for the sale, rental, or leasing of All-Terrain Vehicles and ATV outfitting, guiding, and touring as follows: Section 1: Definitions: A. “All-Terrain Vehicles (ATVs or ATV)” shall mean all-terrain Type I, II, and III vehicles as defined under Utah Code §§ 41-6a-102 and 41-22-2; B. “Outfitting, Guiding, and Touring” shall mean accompanying customers and guests in an ATV, and/or outfitting a customer or guest with an ATV, whether driving the vehicle or not, whether or not monetary compensation is exchanged; and C. “Sale, Rental, and Leasing” shall include the business use of All-Terrain Vehicles for customers, guests, or vendors or any other commercial activity involving an All-Terrain Vehicles whether or not monetary compensation is exchanged. D. “Established ATV Businesses” shall mean the ATV “vehicle sales and rentals,” “outdoor recreational uses, commercial,” and “recreational tour companies, outfitters and guide services” that have a valid business license as of the date of the adoption of this Ordinance. Section 2: Temporary Regulation and Duration. The City hereby enacts a temporary land use regulation prohibiting, for a period of 180 days, the development of new and expanded vehicle sales, rentals and leasing, outdoor recreational uses, commercial and recreational tour companies, outfitters and guide services as they pertain to All Terrain Vehicles, as defined under Utah Code §§ 41-6a-102 and 41-22-2. Section 3: Established ATV Businesses. Established ATV Businesses, as defined in Section 1 Definitions, shall be allowed to improve their properties, with applicable City Permits (Site Plan Review, Building Permits). Businesses may increase the number of ATVs for rental, sales, leasing, touring and guiding. Businesses may also increase or modify the sale of accessories and soft goods. Section 43: Direction to Staff. Staff is directed to engage with Council in further study and development of policy recommendations to the City Council to implement ordinance changes complementary to this ordinance. 5 Staff is directed to engage in further study and development of policy recommendations to the City Council to implement ordinance changes consistent with this ordinance. Section 54: Enforcement. The City may enforce this ordinance in a civil action to obtain injunctive or declaratory relief. In any such proceeding, the City need only prove the existence of a violation of the ordinance to obtain the injunction. Injunctive relief shall be granted without a requirement of the posting of a bond or other security. Section 64: Severability. If any provision of this ordinance shall be found to be invalid by any court with jurisdiction, the provision shall be severed and the remainder of the ordinance shall be enforced without the severed provision. Section 75: Effective Date. This ordinance shall take effect immediately upon passage by the City Council, regardless of the date of publication. The City shall promptly publish same. Approved and adopted upon the vote of a majority of the City Council, this 26 day of January9th day of February, 2021, 2021. __________________________________________________________ Mayor Emily S. Niehaus Date Attest: __________________________________________________________ By: Sommar Johnson, Clerk/Recorder Date Moab City Council Agenda Item Meeting Date: February 9, 2021 Title: Proposed Resolution 02-2021 Declaring Certain Property Owned by the City of Moab as Surplus Presenter: Bret Edge, Chief of Police Attachment(s): • Proposed Resolution 02-2021 • List of Surplus Property Recommended Motion: I move to approve the Resolution 02-2021 declaring City property as surplus Background/Summary: Attached is a list of Police Department items that are either expired, non-functional, or no longer useful. These items will be destroyed, donated, sold, or traded with other local public safety agencies 1 CITY OF MOAB RESOLUTION 02-2021 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF MOAB AS SURPLUS WHEREAS, the City of Moab has the right and title to certain property listed below; and WHEREAS, the Governing Body of the City of Moab declares that at present time, it has no use whatsoever for said property. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MOAB THAT: 1. The property detailed on the attached list is hereby declared as surplus city property. 2. This resolution shall take effect immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of the Moab City Council this 9th day of February 2021. By:__________________________ _________________ Emily S. Niehaus, Mayor Date Attest: By:___________________________ ________________ Sommar Johnson, Recorder Date ITEM QUANTITY SURPLUS REPURPOSE Long rifle cases 7 Pistol gun cases 3 Rectangular rifle cases 4 Duffle bags 3 Duffle bags with wheels 3 Sets of knee pads 8 Kevlar helmets in bags 3 Face shields for Kevlar helmet 2 Black body armor shoulder pads 12 Mismatched pcs body armor 5 Size 36 ballistic vest 1 Size 38 ballistic vest 1 Medium Ballistic vests 3 Large ballistic vests 2 XL ballistic vests 5 2XL ballistic vest 1 3XL ballistic vest 1 No size ballistic vests 6 No size ballistic vests (no plates)5 Wooden baton 1 Broken Panasonic digital video camera 1 Pepperball guns 2 Flares 4 Intoxilizer tubes (bags)1.5 Large intoxilizer 1 Small intoxilizers in cloth cases 9 Small intoxilizers in leather cases 4 Voice recorders 3 Digital camera cases 2 Digital cameras in cases 5 Large Nikon camera 1 Large Olympus camera in case 1 Canon camera chargers 2 Handheld radios w/mics 11 Large elastic band 1 Extra radio mics 2 Leather radio holsters w/ belt clips 15 Bike racks 5 Crown Victoria cage bulkheads 7 Crown Victoria center console armrests 4 Laptop mounts 4 Misc. hardware Misc TELINJECT CO2 dart gun with darts and CO2 cartridges 1 Stackable small animal kennel, for 4 animals 2 ITEM QUANTITY SURPLUS REPURPOSE Large pepper spray canister 1 Motorcycle helmets 3 Velcro "POLICE" patches 2 Regular "POLICE" patches 2 Gateway computer towers 5 Gateway 200 computer towers 2 Intel computer tower 1 Dell computer tower 1 Laptops 7 Black case covered in unknown substance 1 POLICE shields 3 Box of skeet targets 1 HP printer 1 Metal baton 1 Gas masks in cases 9 Gas mask no case 3 Black, round bowl 1 Cannister for gas masks 2 Green cloth ski mask 1 Plastic rifle stock 1 Size medium khaki pants NWT 1 Size medium khaki shirt NWT 1 Set of tire chains 1 Red plastic fan looking thing 1 Dillon Precision hydraulic tool 1 18" ruler 1 Bungee cord 1 Metal spike 1 Red hooks 19 Small blue plastic ammo boxes 4 Pack of 3 Dillon Precision parts 1 Gun cleaning kit in blue case 1 Red case misc tools 1 Orange car part?1 Powder die 3 Small bag of rags 1 Impact bullet puller 1 Locktite bearing powder 1 Plastic container of lubricant 1 Panavise head 1 Guage and bullet comparitor 1 Large lube kit 1 Misc clamp parts 1 Moab City Council Agenda Item Western Spirit Rezone Meeting Date: January 26, 2021 Title: Consideration and Possible Approval of Ordinance #2021-01, An Ordinance Approving a Zoning Map Amendment for property located at 478 Mill Creek Drive, Moab UT 84532, Amending the subject parcel zone from R-2 Single- Household and Two-Household Residential Zone, to C-5 Neighborhood Commercial Zone. Disposition: Discussion and Possible Action Staff Presenter: Cory P. Shurtleff, Assistant Planner Attachment(s): - Exhibit 1: Draft Ordinance #2021-01 - Exhibit 2: Vicinity Map - Exhibit 3: Recorded County Plat - Exhibit 4: Map of Current and Proposed Zoning - Exhibit 5: Pages from Development Code Amendment Application - Exhibit 6: Excerpt from Landmark Design Community Nodes – Moab Area Land Use Options: 1. Approve with or without modifications. 2. Continue action on the item and give specific direction to the applicant and staff as to additional information needed. 3. Deny the rezone request. Motion for Recommendation: I move to Approve Moab City Ordinance #2021-01, An Ordinance Approving the Western Spirit Rezone of property located at 478 Mill Creek Drive, Moab UT 84532, rezoning the subject parcel from R-2 Single-Household and Two-Household Residential Zone, to C-5 Neighborhood Commercial Zone, based on the findings required by Moab Municipal Code 17.04.060 Map Amendment Approval Criteria. Applicant: Ashley Korenblat Background: Ashley Korenblat, applicant, submitted the City of Moab Development Code Amendment Application on October 19, 2020, for the rezone of property at 478 Mill Creek Drive, Moab UT; Parcel #01-0MBO-0055. On November 3, 2020, the Moab City Development Review Team (DRT), reviewed and supplied comments on the submitted application. At this time, the application was submitted for review and recommendation by the Moab Planning Commission on December 10, 2020. Due to lack of adequate public notice, regarding standardized information for public participation in the virtual Public Hearing, the Public Hearing for Ordinance #2021-01, was re-held in the open 2 Planning Commission Meeting January 14, 2020. The item was voted on and positively recommended to City Council, 6-0 by the Planning Commission. During the DRT review of this rezone request, it was determined that the existing sewer main servicing this property was overcapacity. Any redevelopment of this property that increases sewer use, whether it is commercial or residential, would be required to install an upgraded sewer system or connection to available capacity main. The applicant for this rezone request, specific to their proposed redevelopment concept, would not pursue an increase to the existing sewer capacity but would instead redevelop the existing commercial use areas for business and storage space. Any increase would be limited by International Building Code Occupancy/ Bathroom requirements that require adequate bathrooms based on the square footage of a specific use. This area was also recognized in the Landmark Design Downtown Master Plan/ Community Nodes Master Plan. This parcel was not specifically included in this Community Nodes Master Plan concept due to the existing residential zoning, however the concept for the adjacent commercially zoned parcels was identified as “Mixed Use” within the area group “C”, described as “Community Commercial Focus”. This proposed zone change would comply with the proposed trajectory that was identified during this study. The excerpt from this study is included in the exhibits packet for this agenda item . There has been consistent community input and concern from residence in this area regarding the increased amount of traffic and noise from vehicles traveling along Mill Creek Drive. Components of this concern include buffering between the residential properties and the arterial route serving the Sandflats Recreation Area with ATV/OHV trails, as well as the potential future increase with proposed developments including the Lionsback Resort and Abbey Subdivision. Property owners along the Mill Creek Drive corridor have expressed concern about available options for land use due to the quality of life challenge presented by the busy corridor. Many property owners that have contacted the planning office are long time Moab residence, but feel they are unable to continue living in close proximity to Mill Creek Drive, and are looking for potential land use options. Some of the expressed options include commercial opportunity, increased residential density, or amended building restrictions to allow for more effective buffering. This concept has been discussed by the Planning Commission and City Council on previous occasions. Discussion about a potential small area plan review, to evaluate the current and future zoning and land use, has been initiated. This rezone request is associated with the same community concerns included in the small area plan discussion. Project Summary: Location: 478 Mill Creek Drive, Moab UT Property Owner: Cycling Resources Inc. Applicant: Ashley Korenblat Parcel Size: 0.53 Acres Current Zone R-2 Single-Household and Two-Household Residential Zone Proposed Zone: C-5 Neighborhood Commercial Zone Proposed Use: Redevelopment of Commercial Use (Western Spirit Cycling) 3 Narrative Summary: The applicant has provided the following summary of the project: “The Western Spirit Cycling building at 478 Mill Creek Drive is in need of a full replacement. The current zone is (R-2), (single-household and two-household residential). The current and historic use of the property is mixed use: office and residential, and for this reason we are requesting a zone change to C-5 to match the nearby zone on the other side of Oliver Street. In considering options, we explored the idea of developing the property as a residence to fit the (R-2) zoning requirements and moving our business into Spanish Valley or some other out of town location. However, the Mill Creek corridor has become so busy over the years that the property does not really seem attractive or appropriate for a home. And with the development of Lions Back and the possibility of designated OHV routes in town, the corridor from 400 East to the Sandflats Road is destined to become even busier, and louder. As we thought more about the existing mixed use, we realized that a new building with proper landscaping designed for the mixed use of office and residential, could provide a buffer for the nearby homes from the noise of Mill Creek Drive. Our proposal is for a building with office space, storage, and employee housing which includes a staging courtyard and outdoor space. This more casual office setting with easy access to the outdoors, will provide affordable employee housing and meet the needs of our growing year-round staff.” Process: 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: No, the existing zone was not likely adopted in error. 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: Yes, there has been a change of character in the area due to the continued increase of vehicle traffic and likely increase of both recreation and residential based traffic following proposed developments. The existing structure, operating as a legal non-conforming use is in need of redevelopment, however due to its land use status it is unable to pursue improvements; this zone change would allow for the land use to operate as a permitted use, and redevelop with improvements. C. Is there a need for the proposed zoning within the area or community? 4 Staff Comment: The C-5 Neighborhood Commercial Zone would allow this existing commercial business to operate in compliance, as well as increase the zone area dedicated to desired neighborhood oriented business. 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 C-5 Zone has precedence for operating along the 400 East node, this change would extend the commercial node from along 400 East to up Mill Creek Drive. This property is separated from the existing C-5 block by an existing spot parcel of R-4 Manufactured Housing Residential Zone. E. Will benefits be derived by the community or area by granting the proposed zoning? Staff Comment: The proposed redevelopment, following the proposed zone change, would include employee housing which is an expressed need in the community. This zone change would also allow for future neighborhood-oriented business to infill or redevelop the parcel which is also an expressed need in the community. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Staff Comment: The current sewer main servicing this area is over capacity which would limit redevelopment of any kind, any increase to the current sewer service would require connection to a distant sewer main in the area. Connection to increased capacity sewer mains is possible but could be expensive. The proposed redevelopment, following the proposed zone change, would likely not increase its demand for sewer and thus be able to continue operation as is, with redevelopment expansion in non-sewer related uses. G. Does the application conform with the provisions of the Moab General Plan, th e Land Use Code, and applicable agreements with affected governmental entities? Staff Comment: The submitted application conforms with the provisions of the Moab General Plan and Land Use Code. The applicant has supplied comments responding to provisions of the General Plan that are supported by this existing land use and the rezone request: “B. Moab City General Plan 9 Elements Changing the zoning of the Western Spirit property relates to the following elements of the Moab General plan: Element 1: Economic Development GOAL 1: GENERAL Policy 3: Encourage local businesses and industries to grow and thrive. While Western Spirit is a seasonal business, that season now stretches from February to November and includes a growing number of well-paid year-round jobs. In addition, Western Spirit is a founding member of Public Land Solutions a non-profit also hiring year-round staff, which 5 will be housed in the new building. Both organizations will be much improved by a new facility. Policy 4: Facilitate the growth of local businesses and industries in a context appropriate to Moab. (size, scale, etc.) While Western Spirit is growing, our operations extend to over 17 states at this time, so our management staff will grow in Moab, but the size and scope will remain appropriate for the property. Policy 7: Support well-planned festivals and events that appeal to a wide array of residents and visitors and provide a net benefit to the community, without undue impact on residential neighborhoods. Western Spirit is the promoter of Outerbike, a consumer bike demo event that is important to both the state of Utah and Moab's reputation as a must -experience mountain bike destination. Outerbike is held at the BAR M Trailhead and has no effect on residential neighborhoods. Element 2: Environmental Sustainability GOAL 1: GENERAL Policy 1: Collaborate with local businesses and residents to expand opportunities for environmental sustainability. Our non-profit, Public Land Solutions does just this-we work with local businesses to support environmentally sustainable economic development. GOAL 3: AIR QUALITY Policy 2: Promote the use of alternative transportation that is non-polluting or reduces fossil fuel consumption. By adding neighborhood office space like this proposal, walking and biking to work is greatly facilitated. Policy 3: Encourage and promote energy conservation and the use of clean alt ernative energy sources such as solar, wind, etc. The new building will include solar panels. Element 3: land Use and Growth GOAL 1: GENERAL Encourage a diverse, compact, and efficient land use pattern that promotes resident quality of life and is aligned 1,vith the city's character, economy, and vision. Policy 1: Encourage development to consider the appearance, design, financial impact, and amenities of the community. Instead of a larger compound outside of town, we are choosing to work in a more compact efficient space that can be accessed easily by residential areas by bike or walking. GOAL 5: STREET TREES AND LANDSCAPING improve the overall visual, recreational and environmental quality of the community through the use of trees and vegetation. Policy 1: Utilize climate-appropriate vegetation to beautify and provide shade in and around paved areas. Action Steps: We are very excited to landscape this property to meet these goals with shade and natural vegetation. GOAL 7: COA1MERCIAL Promote appropriate commercial development while maintaining quality of life for residents. Policy 1: Consider zone changes and adjustments that balance property rights and community benefits. Policy 2: Work with property owners and businesses to create more appealing commercial areas for residents. 6 These policies define exactly what we hope to do-provide the community with an office area that is appealing for current uses and future residents. GOAL 8: RESIDENTIAL Promote a variety of housing types and neighborhoods for primary residences. Policy 1: Work with developers and neighborhoods to promote different, densities and forms. The design we hope to build will provide a unique housing opportunity for a key component of the Moab population. Western Spirit guides are our companies most important resources we work to help them 'graduate from the Western Spirit program' with a down payment saved and the skill set to move forward in their careers. Providing housing to them while they are guiding allows them to do just that. Element 4: Housing GOAL 1: GENERAL Implement a housing strategy that meets the needs of current residents, anticipates growth in housing demand, promotes a cohesive small-town environment and supports a high quality of life. Policy 1: Encourage housing opportunities for a variety of needs and income levels. Our guides are generally at the beginning of their careers and meeting their housing needs efficiently allows them to save for their futures and our facilities really do meet the ir needs. 7 Comparison of Uses: Permitted Uses in the R-2 Zone Permitted Uses in the C-5 Zone ADUs Arts and Craft Shops Agriculture Convenience Enterprises <3000sf Daycare Day Care Foster care homes Eating Establishments Group homes Fraternal Lodges Home occupations Group Homes One-household dwellings and accessory uses Gymnasiums Places of worship Home Occupations PUD Multi-Household Dwellings of 7+ units Public facilities One-Household Dwellings and Accessory Uses Public libraries PUD Public parks and public recreation buildings Professional Offices Schools Public Buildings Two-household dwellings and accessory uses Schools Small Neighborhood Retail <1500sf Two-Household Dwelling and Accessory Uses Veterinary Clinic CITY OF MOAB ORDINANCE NO. 2021-01 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT FOR PROPERTY LOCATED AT 478 MILL CREEK DRIVE, MOAB UT, AMENDING THE SUBJECT PARCEL ZONE FROM R-2 SINGLE- HOUSEHOLD AND TWO-HOUSEHOLD RESIDENTIAL ZONE, TO C-5 NEIGHBORHOOD COMMERCIAL ZONE. WHEREAS, the following describes the intent and purpose of this ordinance: a. Applicant, Ashley Korenblat, and property owner, Cycling Resources Inc. has applied to rezone parcel #01-0MBO-0055 located at 478 Mill Creek Drive, Moab UT 84532. Taxing description of parcel: BEG N 691.4 FT & E 434.2 FT FROM SW COR SEC 6 T26S R22E; N 27°10'E 86 FT; S 60°49'E 30 FT; S 75°20'E 13.5 FT; S 70°21'E 135.4 FT; S 3°47'W 144.3 FT; NW'LY WITH 5° CURVE AT N R/W MILLCREEK DR. THE CHORD OF WHICH BEARS N 56°18'W 236.2 FT TO BEG 0.53 AC --(THIS IS PART OF LOT 69; BOWEN PLAT; NICHOLS-BOWEN SUBD.) ; and b. To amend the subject parcel zone from R-2 Single-Household and Two-Household Residential Zone, to C-5 Neighborhood Commercial Zone; and c. The subject parcel zoned R-2 is approximately 0.53 acres; and d. The property is currently operating as a legal non-conforming use, as the Western Spirit Cycling commercial business, with proposed continued use for the immediate future; and e. The adjacent zones include the C-5 Neighborhood Commercial, the R-2 Single-Household and Two-Household Residential Zone, and the R-4 Manufcatured Housing Residential Zone. The adjacent properties include land use of residential and commercial; 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 January 14, 2020, where the item was positively recommend for approval to City Council; and g. The City Council determined that the amendment to the zoning maps is in accordance with the General Plan and development trends of the community. Having evaluated the staff report, statements from the applicant and the public, the City Council concluded that the proposed change in zoning for this property was an acceptable amendment to the Official Zoning Map; and h. The City Council 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 commercial 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 redevelopment suggested by the proposed zoning classification, C. The surrounding uses will be buffered from other residential and commercial development in the area; and D. The application conforms to the provisions of the Moab General Plan. NOW, THEREFORE, 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 #2021-01, 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 478 Mill Creek Drive, Moab UT 84532, to C-5 Neighborhood Commercial 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 January 26, 2021. SIGNED: ________________________________ Emily Niehaus, Mayor ATTEST: ________________________________ Sommar Johnson, Recorder R4 Zone t. It I K VENICE DENNEY 0140040<1 GLORIA DENNEY 3R MILL CRI£K DR VENICE Cie GLORIA A DENNEY FAMILY TRUST 351 MILL CREEK OR 01461/300052 KART ANN WATSON NSV32Ti <aY 73 01-MBO.0059 401 MILL CREEK IM O1 SAKRLSON DAVID LYNN rj SAKRLSON MELODY LYNN SS9'51W l359' 100' K VMATN IWU'WRY'Rs 00 MOTS..38 im Arms ILL OLD all LIMY BIT KY 00511 aTM K AlaAllIDLOTs>ItT Thee llm ucu, S tmcady6ea tec II S+A D.Ioa ce6 44. arena AJjaee Dule.n euh ewhud WIf u1 the 4enAro1 e,W. Graphic Scale 0 50' 100' 64 63 01.6100-0050 I U6 LOCUST 11 GERALD R SMASEY MILLCREEK DRIVE HOME OWNERS ASSOCIATION LL.C. 200' 1"=100' LOCUST -LANE Sf.68 2111.5 - JOHN A R4RTLEY TR BARBARA M SUCKS TR Rd R TastY S 16°52E 65' ROBINS NEST SUBDIVISION HELQUIST S DIVISION Et1 FA N b 3"b.MT53 500 0!. MRO.0 Sm1AED5Y I VERNAISRUMWAY 96.T se co: tor 81.< I OVERIOGEACRE 7. MILL CREEK DRive • o About Q Content Legend Moab City Limits r Moab City Zoning Li R-1 Li R-2 bk R-3 ' R4 p MH/RV-1 b RA -1 A-2 C-1 ® C-2 ' C-3 ' C-4 bk C -S 111 1-1 ' RC SAR -7% FC-1 County 9 About Q Content ,= Legend Legend Moab City Limits Moab City Zoning Li R-1 p R-2 Ilk R-3 ' R4 MH/RV-1 b RA -1 1111 A-2 lb C-1 C-2 bh C-3 bk C-4 © C -S bk 1-1 RC SAR ✓/ FC-1 County i I • Current Zoning Proposed Zoning Zone Change Request: 478 Mill Creek Drive 1. Justification for the Zone Change The Western Spirit Cycling building at 478 Mill Creek Drive is in need of a full replacement. The current zone is R-1, (single household residential). The current and historic use of the property is mixed use: office and residential, and for this reason we are requesting a zone change to C-5 to match the nearby zone on the other side of Oliver Street. In considering options, we explored the idea of developing the property as a residence to fit the R-1 zoning requirements and moving our business into Spanish Valley or some other out of town location. However, the Mill Creek corridor has become so busy over the years that the property does not really seem attractive or appropriate for a home. And with the development of Lions Back and the possibility of designated OHV routes in town, the corridor from 400 East to the Sandflats Road is destined to become even busier, and louder. As we thought more about the existing mixed use, we realized that a new building with proper landscaping designed for the mixed use of office and residential, could provide a buffer for the nearby homes from the noise of Mill Creek Drive. Our proposal is for a building with office space, storage, and employee housing which includes a staging courtyard and outdoor space. This more casual office setting with easy access to the outdoors, will provide affordable employee housing and meet the needs of our growing year- round staff. 2. Impacts and Required Mitigation The use of the property will be the same as the current use, creating no new impacts or the need for mitigation. The new building will meet all current codes and requirements. 3. Conformance with Surrounding Uses and Compliance with the Land Use Code and General Plan A. Vision for Moab Some of the key points in the Vision for Moab language included the general plan that apply to this project include: • Maintain and enhance Moab's small-town character, including safe and quiet neighborhoods, with commercial hubs offering a range of products and services. The neighborhood around the Western Spirit property could be considered a small commercial hub, with the nearby offices on 400 East, Dave's Corner Market, Milt's and another possible neighborhood restaurant. If the Western Spirit property was rezoned as C- 5, the new and greatly improved building, would better contribute to this small commercial hub. " E n c o u r a g e c o m m u n i t y - w i d e m u l t i - m o d a l ( w a l k i n g / b i k i n g / p a t h w a y ) c o n n e c t i v i t y , b e t w e e n s c h o o l s , n e i g h b o r h o o d s , w o r k p l a c e s , d o w n t o w n , a n d p o p u l a r a m e n i t i e s . O f f i c e s i n t h i s r e g i o n o f t o w n a r e c o n v e n i e n t t o m a n y h o m e s a n d a l l o w f o r e a s y m u l t i - m o d a l t r a n s p o r t a t i o n , w i t h o u t t h e n e e d t o t r a v e l a c r o s s t o w n . " E n c o u r a g e a r e s i l i e n t e c o n o m y , w i t h a m i x o f y e a r - r o u n d j o b s o f f e r i n g c o m p e t i t i v e s a l a r i e s , a s k i l l e d a n d e d u c a t e d w o r k f o r c e , a n d a n e n t r e p r e n e u r i a l c u l t u r e . T h e W e s t e r n S p i r i t t e a m i n c l u d e s 3 5 % y e a r - r o u n d p r o f e s s i o n a l s . W e s t e r n S p i r i t g u i d e s , t h e r e m a i n d e r o f t h e w o r k f o r c e , h a v e g o n e o n t o b e c o m e h e a l t h c a r e p r o f e s s i o n a l s a n d e n t r e p r e n e u r s i n M o a b a f t e r t h e y r e t i r e f r o m g u i d i n g . T h e b u i l d i n g a n d c o u r t y a r d w e h o p e t o c o n s t r u c t w i l l b e a r e c r u i t i n g t o o l f o r o u r c o m p a n y a n d a n y f u t u r e o c c u p a n t , t o a t t r a c t a n d r e t a i n t h e s k i l l e d w o r k f o r c e n e e d e d t o i m p r o v e t h e r e s i l i e n c y o f M o a b ' s e c o n o m y . " R e c o g n i z e t h e v a l u e o f M o a b ' s s u r r o u n d i n g l a n d s c a p e , i n c l u d i n g d a r k s k i e s , s o l a r a c c e s s , a n d o t h e r n a t u r a l r e s o u r c e s t o e n h a n c e t h e q u a l i t y o f l i f e f o r c o m m u n i t y r e s i d e n t s a n d t o e n s u r e t h e l o n g e v i t y o f M o a b ' s t o u r i s m i n d u s t r y . W e s t e r n S p i r i t ' s e n t i r e b u s i n e s s m o d e l d e p e n d s u p o n m a i n t a i n i n g t h e b e a u t y o f t h e M o a b l a n d s c a p e . O u r p u r p o s e i s t o s h a r e o u r b e a u t i f u l b a c k c o u n t r y a n d N a t i o n a l P a r k s w h i l e e m p l o y i n g l e a v e n o t r a c e p r i n c i p l e s a n d i n s p i r i n g o u r g u e s t s t o s u p p o r t o u r p u b l i c l a n d s . I n a d d i t i o n , i n t h e F u t u r e L a n d U s e c h a p t e r o f t h e M o a b G e n e r a l P l a n , t h e n e e d f o r i n f i l l t o p r e v e n t i n c r e a s e d s p r a w l i s m e n t i o n e d . C u r r e n t e c o n o m i c t r e n d s i n c l u d e t h e i n c r e a s e d d e s i r a b i l i t y o f s m a l l t o w n l i v i n g a n d t h e g r o w i n g n u m b e r o f ' f o o t l o o s e ' b u s i n e s s e s a n d p r o f e s s i o n a l s o f a l l t y p e s , w h o c a n l i v e w h e r e v e r t h e y c h o o s e . A l e s s f o r m a l o f f i c e b u i l d i n g a t t h e w e s t e r n e n d o f M i l l C r e e k D r i v e w i l l b e a t t r a c t i v e i n t h e l o n g r u n a n d w i l l a v o i d t h e n e e d f o r o u r b u s i n e s s , o r a f u t u r e b u s i n e s s l i k e o u r s , t o m o v e t o S a n J u a n C o u n t y a n d u l t i m a t e l y i n c r e a s e s p r a w l . B . M o a b C i t y G e n e r a l P l a n 9 E l e m e n t s C h a n g i n g t h e z o n i n g o f t h e W e s t e r n S p i r i t p r o p e r t y r e l a t e s t o t h e f o l l o w i n g e l e m e n t s o f t h e M o a b G e n e r a l p l a n : E l e m e n t 1 : E c o n o m i c D e v e l o p m e n t G O A L 1 : G E N E R A L P o l i c y 3 : E n c o u r a g e l o c a l b u s i n e s s e s a n d i n d u s t r i e s t o g r o w a n d t h r i v e . W h i l e W e s t e r n S p i r i t i s a s e a s o n a l b u s i n e s s , t h a t s e a s o n n o w s t r e t c h e s f r o m F e b r u a r y t o N o v e m b e r a n d i n c l u d e s a g r o w i n g n u m b e r o f w e l l - p a i d y e a r - r o u n d j o b s . I n a d d i t i o n , W e s t e r n S p i r i t i s a f o u n d i n g m e m b e r o f P u b l i c L a n d S o l u t i o n s a n o n - p r o f i t a l s o h i r i n g y e a r - r o u n d s t a f f , w h i c h w i l l b e h o u s e d i n t h e n e w b u i l d i n g . B o t h o r g a n i z a t i o n s w i l l b e m u c h i m p r o v e d b y a n e w f a c i l i t y . P o l i c y 4 : F a c i l i t a t e t h e g r o w t h o f l o c a l b u s i n e s s e s a n d i n d u s t r i e s i n a c o n t e x t a p p r o p r i a t e t o M o a b . ( s i z e , s c a l e , e t c . ) W h i l e W e s t e r n S p i r i t i s g r o w i n g , o u r o p e r a t i o n s e x t e n d t o o v e r 1 7 s t a t e s a t t h i s t i m e , s o o u r m a n a g e m e n t s t a f f w i l l g r o w i n M o a b , b u t t h e s i z e a n d s c o p e w i l l r e m a i n a p p r o p r i a t e f o r t h e p r o p e r t y . Policy 7: Support well planned festivals and events that appeal to a wide array of residents and visitors and provide a net benefit to the community, without undue impact on residential neighborhoods. Western Spirit is the promoter of Outerbike, a consumer bike demo event that is important to both the state of Utah and Moab's reputation as a must -experience mountain bike destination. Outerbike is held at the BAR M Trailhead and has no effect on residential neighborhoods. Element 2: Environmental Sustainability GOAL I: GENERAL Policy 1: Collaborate with local businesses and residents to expand opportunities for environmental sustainability. Our non-profit, Public Land Solutions does just this —we work with local businesses to support environmentally sustainable economic development. GOAL 3: AIR _0 UALITY Policy 2: Promote the use of alternative transportation that is non-polluting or reduces fossil fuel consumption. By adding neighborhood office space like this proposal, walking and biking to work is greatly facilitated. Policy 3: Encourage and promote energy conservation and the use of clean alternative energy sources such as solar, wind, etc. The new building will include solar panels. Element 3: Land Use and Growth GOAL I: GENERAL Encourage a diverse, compact, and efficient land use pattern that promotes resident quality of life and is aligned with the city's character, economy, and vision. Policy 1: Encourage development to consider the appearance, design, financial impact, and amenities of the community. Instead of a larger compound outside of town, we are choosing to work in a more compact efficient space that can be accessed easily by residential areas by bike or walking. GOAL 5: STREET TREES AND LANDSCAPING Improve the overall visual, recreational and environmental quality of the community through the use of trees and vegetation. Policy I: Utilize climate -appropriate vegetation to beautify and provide shade in and around paved areas. Action Steps: We are very excited to landscape this property to meet these goals with shade and natural vegetation. GOAL 7: COMMERCIAL Promote appropriate commercial development while maintaining quality of life for residents. Policy 1: Consider zone changes and adjustments that balance property rights and community benefits. Policy 2: Work with property owners and businesses to create more appealing commercial areas for residents. These policies define exactly what we hope to do —provide the community with an office area that is appealing for current uses and future residents. GOAL 8: RESIDENTIAL Promote a variety of housing types and neighborhoods for primary residences. Policy 1: Work with developers and neighborhoods to promote different, densities and forms. The design we hope to build will provide a unique housing opportunity for a key component of the Moab population. Western Spirit guides are our companies most important resources we work to help them 'graduate from the Western Spirit program' with a down payment saved and the skill set to move forward in their careers. Providing housing to them while they are guiding allows them to do just that. Element 4: Housing GOAL 1: GENERAL Implement a housing strategy that meets the needs of current residents, anticipates growth in housing demand, promotes a cohesive small-town environment and supports a high quality of life. Policy 1: Encourage housing opportunities for a variety of needs and income levels. Our guides are generally at the beginning of their careers and meeting their housing needs efficiently allows them to save for their futures and our facilities really do meet their needs. Community Nodes Master Plan — Draft Oct 1, 2019 From this planning document the area along 400 East and around the corner on the Mill Creek is described as mixed use: Node 4: 400 East From Center Street to 400 South, 400 East is transformed into a unified mixed -use walking and biking district. The concept maintains the low -density, single-family character while targeting specific sites with supportive mixed -use development. The result is a unified street lined with a wide range of low -intensity and eclectic uses that can be explored on foot or bike. The character changes from distinctly residential in the north to a more commercial feel to the south, which is aligned with the general structure of the area at present. The mixed -use building with housing and office space seems to fit well into this vision of the area. Thank -you for your consideration of this proposal. We appreciate all. the time and work of the staff and the planning commission. Ashley Korenblat ashley@westernspirit.corn 801-910-3205 Moab Area Community Nodes Master Plan October 2019 7 * * * * 40 0 E A S T 30 0 E A S T 20 0 E A S T HI L L S I D E D R 10 0 E A S T 200 SOUTH 300 SOUTH 100 SOUTH CENTER ST ROSE TREE LN NICHOLS LN SUNDIAL DR LOVERIDGE DR MI L L C R E E K D R NODE 4: 400 EAST Enhanced Connection to Moab Trail & Bike System Existing Moab Trail & Bike System Key Intersection Apache Motel Center Street Ball Fields DOWNTOWN MOAB Moab Charter School Freemason Lodge Grand Co. School District New office building New office building Barber shop Dave’s Corner Market Pueblo Court Apart- mentsGrand Co. Middle School Bark Park Milt’s Stop N Eat Thrift store Underutilized parcels Existing single-family homes Existing single-family homes Existing single-family homes Group of underutilized in close proximity to the core of downtown Moab; future development should match the character and scale of existing neighborhood Existing homes allowed to convert or be improved to accommodate commercial uses while remaining a similar scale and form to the surrounding residential area Existing homes allowed to convert or be improved to accommodate commercial uses while remaining a similar scale and form to the surrounding residential area Existing homes allowed to convert or be improved to accommodate commercial uses while remaining a similar scale and form to the surrounding residential area Legend Mixed Use Buildings should be small in scale and stature to match the established character and tone of the area. Multifamily Residential Residential / Cottage Commercial Existing residential buildings are encouraged to remain with targeted cottage commercial infill permitted, maintaining the small-scale/low-intensity tenor of the area. Building improvements, expansions and new construction should be carefully implemented to ensure the scale and character of the surrounding neighborhood is maintained. Small Single-Family Residential Precedents Overview From Center Street to 400 South, 400 East is transformed into a unified mixed-use walking and biking district. The concept maintains the low-density, single-family character while targeting specific sites with supportive mixed use development. The result is a unified street lined with a wide range of low-intensity and eclectic uses that can be explored on foot or bike. The character changes from distinctly residential in the north to a more commercial feel to the south, which is aligned with the general structure of the area at present. * A A B B C C Each intersection should be distinguished with special paving, art, crossings and similar enhancements, unified through a common district design approach. New residential development should match the established small-scale character. Residential Focus Residential-Commercial Transition Community Commercial Focus New townhouses and/or bungalow courts are carefully integrated, enhancing the established small-scale, residential character. DRAFT Moab City Council Agenda Item Meeting Date: February 9, 2021 Title: Direction to staff regarding MCC changes to define “formal initiation of land use code changes”, and to move noise code from Chapter 17 – Zoning, to Chapter 8 – Health and Safety Disposition: Discussion and possible action Staff Presenter: Joel Linares Attachment(s): none Recommended direction: Provide direction to planning and legal staff to proceed with the process of developing the language of the proposed Moab City Code (MCC) changes and submit to Planning Commission and Council for approval. Background/Summary: Formal Initiation of Land Use Code Changes: Utah Code § 10-9a-509 permits the City to deny approval of a land use application submitted within an 180-day period after initiation of formal proceedings to amend applicable land use regulations. Specifically: § 10-9a-509 (1)….(ii) An applicant is entitled to approval of a land use application if the application conforms to the requirements of the applicable land use regulations, land use decisions, and development standards in effect when the applicant submits a complete application and pays application fees, unless: ... (B) in the manner provided by local ordinance and before the applicant submits the application, the municipality formally initiates proceedings to amend the municipality's land use regulations in a manner that would prohibit approval of the application as submitted. Moab City has not defined the manner of formal initiation of land use regulation by ordinance. Doing so may protect the city from land use application approvals being processed under old rules while new ones are being developed, without the necessity of using a Temporary Land Use Regulation (TLUR). Draft amendment (with comments/alternate text in italics) to the MCC could read: 17.04.010 Initiation of zoning change. ... DRAFT 17.04.011 Formal initiation of proceedings to amend zoning text (or, “... to amend land use regulations”, which would be more consistent with state code, but less with the language in section 17.04). A zoning text amendment shall be considered to be initiated at the earliest of: a) Publication (or other specific public notification benchmark(s)) of a Planning Commission agenda in which the amendment topic is the subject of a discrete agenda item, and/or public hearing, or b) Effective date of a resolution stating the formal initiation and scope of text amendments. Noise Code Location The City’s noise code is currently located in Chapter 17 – Zoning. Most local governments place their noise code in a category like health and safety. Most of the MCC “specific noise prohibitions” are not regulated by zoning. Administration of the noise code is granted to the Chief of Police, Zoning Administrator and the Public Works Director. In the near future staff and Council may desire to substantively amend the noise code. Changes to LUC aspects of local government codes must be reviewed by the Planning Commission, including a public hearing with proper notice, which takes time. Moving the city noise code as currently written to Chapter 8 – Health and Safety will be more consistent with other communities and the intent and content of the noise code, and Council and staff will be better positioned to efficiently process substantive amendments in a timely manner.