HomeMy Public PortalAboutPKT-CC-2021-06-08JUNE 8, 2021
REGULAR CITY COUNCIL MEETING 7:00 P.M.
** THIS MEETING WILL BE HELD IN PERSON IN THE MOAB CITY
COUNCIL CHAMBERS **
MASKS AND SOCIAL DISTANCING REQUIRED
City Council Chambers
217 East Center Street
Moab, Utah 84532
Regular City Council Meeting - 7:00 p.m.
Call to Order and Pledge of Allegiance
Citizens to Be Heard
If you do not plan to attend in person but would still like to
submit written comments for the Citizens to Be Heard portion
of the 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.
Public Hearing
Proposed Resolution 13 -2021: Approving the Final Master Planned Development
(MPD) and Phase One Plat for the Lionsback Development Located and Accessed
from Sand Flats Road
Public Hearing
ccph lionsback agenda summary 6.08.2021.pdf
exhibit 1 vicinity map.jpg
exhibit 2 lionsback 1 - original approval.jpg
exhibit 3 lb preannex agreement.pdf
exhibit 6 lionsback_dwspp_councilapproved.pdf
exhibit 7 public comments.pdf
exhibit 8 reso 13 -2021 lionsback final mpd and phase one
approval.pdf
exhibit 9a 2021 06 -02 lionsback sia - final draft.pdf
exhibit 9b 2021 06 -02 exhibit c to sia - final draft.pdf
Administrative Reports
Acting City Manager Updates
Sustainability Update
Mayor and Council Reports
Approval of Minutes
Minutes: May 4, 2021, Special City Council Meeting
min -cc -2021 -05 -04 draft.pdf
Minutes: May 11, 2021, Regular City Council Meeting
min -cc -2021 -05 -11 draft.pdf
Minutes: May 25, 2021, Regular City Council Meeting
min -cc -2021 -05 -25 draft.pdf
Proclamations
Moab Police Department Appreciation and Recognition
moab police department appreciation proclamation.pdf
Old Business
Staff Review of Municipal Speed Limits
staff review of municipal speed limits agenda summary.pdf
attachment 1 - technical memorandum on municipal speed
limits.pdf
Proposed Resolution 25 -2021: A Resolution Regarding the City of Moab's
Commitment to Funding a "Recreational Hotspot" Transit Shuttle Pilot Program
Briefing and possible action
moab transit shuttle funding commitment agenda summary
june 2021.pdf
resolution committing to transit shuttle funding no. 25.2021.pdf
moab transit service alternatives.pdf
Proposed Ordinance 2021 -09: Text Amendments to Moab Municipal Code
12.20.005 (Modifying the Definition of Motorized Vehicle and Adding a
Definition for E -Bikes) and to Moab Municipal Code 12.20.060 (Allowing Class 1
E -Bikes on City Path Systems and Setting a 15 MPH Speed Limit on Mill Creek
Parkway)
Briefing and possible action
agenda summary - ordinance 2021 -09.pdf
attachment 1 - 2021 06 -01 county resolution.pdf
attachment 2 - mmc 12.20.060.pdf
attachment 3 - mmc 12.20.005.pdf
attachment 4 - 1993 09 15 fiscal assistance agreement -
riverway enhancement program.pdf
attachment 5 - tea -21 - fact sheet bicycle transportation and
pedestrian walkways.pdf
attachment 6 - ordinance no. 2021 -09 - class 1 e -bikes and 15
mph speed.pdf
New Business
Proposed Resolution 13 -2021: Approving the Final Master Planned Development
(MPD) and Phase One Plat for the Lionsback Development Located and Accessed
from Sand Flats Road
Briefing and possible action
resolution 13 -2021 agenda summary.pdf
resolution 13 -2021.pdf
Proposed Resolution 16 -2021: A Resolution Extending the Time for Use of Water
Impact Fees
Briefing and possible action
resolution 16 -2021 agenda summary.pdf
resolution 16 -2021 extending water impact fees.pdf
fy20 impact fee report.pdf
Appointment of the City's Representative to Grand County's Boundary
Commission
Briefing and possible action
boundary commission appointment agenda summary.pdf
ordinance -475 -pdf.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
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JUNE 8, 2021REGULAR CITY COUNCIL MEETING 7:00 P.M.** THIS MEETING WILL BE HELD IN PERSON IN THE MOAB CITY COUNCIL CHAMBERS **MASKS AND SOCIAL DISTANCING REQUIREDCity Council Chambers217 East Center StreetMoab, Utah 84532Regular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceCitizens to Be HeardIf you do not plan to attend in person but would still like to submit written comments for the Citizens to Be Heard portion of the 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. Public HearingProposed Resolution 13 -2021: Approving the Final Master Planned Development (MPD) and Phase One Plat for the Lionsback Development Located and Accessed from Sand Flats RoadPublic Hearing ccph lionsback agenda summary 6.08.2021.pdfexhibit 1 vicinity map.jpgexhibit 2 lionsback 1 - original approval.jpgexhibit 3 lb preannex agreement.pdfexhibit 6 lionsback_dwspp_councilapproved.pdfexhibit 7 public comments.pdfexhibit 8 reso 13 -2021 lionsback final mpd and phase one approval.pdfexhibit 9a 2021 06 -02 lionsback sia - final draft.pdfexhibit 9b 2021 06 -02 exhibit c to sia - final draft.pdf
Administrative Reports
Acting City Manager Updates
Sustainability Update
Mayor and Council Reports
Approval of Minutes
Minutes: May 4, 2021, Special City Council Meeting
min -cc -2021 -05 -04 draft.pdf
Minutes: May 11, 2021, Regular City Council Meeting
min -cc -2021 -05 -11 draft.pdf
Minutes: May 25, 2021, Regular City Council Meeting
min -cc -2021 -05 -25 draft.pdf
Proclamations
Moab Police Department Appreciation and Recognition
moab police department appreciation proclamation.pdf
Old Business
Staff Review of Municipal Speed Limits
staff review of municipal speed limits agenda summary.pdf
attachment 1 - technical memorandum on municipal speed
limits.pdf
Proposed Resolution 25 -2021: A Resolution Regarding the City of Moab's
Commitment to Funding a "Recreational Hotspot" Transit Shuttle Pilot Program
Briefing and possible action
moab transit shuttle funding commitment agenda summary
june 2021.pdf
resolution committing to transit shuttle funding no. 25.2021.pdf
moab transit service alternatives.pdf
Proposed Ordinance 2021 -09: Text Amendments to Moab Municipal Code
12.20.005 (Modifying the Definition of Motorized Vehicle and Adding a
Definition for E -Bikes) and to Moab Municipal Code 12.20.060 (Allowing Class 1
E -Bikes on City Path Systems and Setting a 15 MPH Speed Limit on Mill Creek
Parkway)
Briefing and possible action
agenda summary - ordinance 2021 -09.pdf
attachment 1 - 2021 06 -01 county resolution.pdf
attachment 2 - mmc 12.20.060.pdf
attachment 3 - mmc 12.20.005.pdf
attachment 4 - 1993 09 15 fiscal assistance agreement -
riverway enhancement program.pdf
attachment 5 - tea -21 - fact sheet bicycle transportation and
pedestrian walkways.pdf
attachment 6 - ordinance no. 2021 -09 - class 1 e -bikes and 15
mph speed.pdf
New Business
Proposed Resolution 13 -2021: Approving the Final Master Planned Development
(MPD) and Phase One Plat for the Lionsback Development Located and Accessed
from Sand Flats Road
Briefing and possible action
resolution 13 -2021 agenda summary.pdf
resolution 13 -2021.pdf
Proposed Resolution 16 -2021: A Resolution Extending the Time for Use of Water
Impact Fees
Briefing and possible action
resolution 16 -2021 agenda summary.pdf
resolution 16 -2021 extending water impact fees.pdf
fy20 impact fee report.pdf
Appointment of the City's Representative to Grand County's Boundary
Commission
Briefing and possible action
boundary commission appointment agenda summary.pdf
ordinance -475 -pdf.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
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JUNE 8, 2021REGULAR CITY COUNCIL MEETING 7:00 P.M.** THIS MEETING WILL BE HELD IN PERSON IN THE MOAB CITY COUNCIL CHAMBERS **MASKS AND SOCIAL DISTANCING REQUIREDCity Council Chambers217 East Center StreetMoab, Utah 84532Regular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceCitizens to Be HeardIf you do not plan to attend in person but would still like to submit written comments for the Citizens to Be Heard portion of the 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. Public HearingProposed Resolution 13 -2021: Approving the Final Master Planned Development (MPD) and Phase One Plat for the Lionsback Development Located and Accessed from Sand Flats RoadPublic Hearing ccph lionsback agenda summary 6.08.2021.pdfexhibit 1 vicinity map.jpgexhibit 2 lionsback 1 - original approval.jpgexhibit 3 lb preannex agreement.pdfexhibit 6 lionsback_dwspp_councilapproved.pdfexhibit 7 public comments.pdfexhibit 8 reso 13 -2021 lionsback final mpd and phase one approval.pdfexhibit 9a 2021 06 -02 lionsback sia - final draft.pdfexhibit 9b 2021 06 -02 exhibit c to sia - final draft.pdfAdministrative ReportsActing City Manager UpdatesSustainability UpdateMayor and Council ReportsApproval of MinutesMinutes: May 4, 2021, Special City Council Meetingmin-cc -2021 -05 -04 draft.pdfMinutes: May 11, 2021, Regular City Council Meetingmin-cc -2021 -05 -11 draft.pdfMinutes: May 25, 2021, Regular City Council Meetingmin-cc -2021 -05 -25 draft.pdfProclamationsMoab Police Department Appreciation and Recognitionmoab police department appreciation proclamation.pdfOld BusinessStaff Review of Municipal Speed Limitsstaff review of municipal speed limits agenda summary.pdfattachment 1 - technical memorandum on municipal speed limits.pdfProposed Resolution 25 -2021: A Resolution Regarding the City of Moab's Commitment to Funding a "Recreational Hotspot" Transit Shuttle Pilot ProgramBriefing and possible actionmoab transit shuttle funding commitment agenda summary june 2021.pdfresolution committing to transit shuttle funding no. 25.2021.pdfmoab transit service alternatives.pdfProposed Ordinance 2021 -09: Text Amendments to Moab Municipal Code 12.20.005 (Modifying the Definition of Motorized Vehicle and Adding a Definition for E -Bikes) and to Moab Municipal Code 12.20.060 (Allowing Class 1 E -Bikes on City Path Systems and Setting a 15 MPH Speed Limit on Mill Creek Parkway)
Briefing and possible action
agenda summary - ordinance 2021 -09.pdf
attachment 1 - 2021 06 -01 county resolution.pdf
attachment 2 - mmc 12.20.060.pdf
attachment 3 - mmc 12.20.005.pdf
attachment 4 - 1993 09 15 fiscal assistance agreement -
riverway enhancement program.pdf
attachment 5 - tea -21 - fact sheet bicycle transportation and
pedestrian walkways.pdf
attachment 6 - ordinance no. 2021 -09 - class 1 e -bikes and 15
mph speed.pdf
New Business
Proposed Resolution 13 -2021: Approving the Final Master Planned Development
(MPD) and Phase One Plat for the Lionsback Development Located and Accessed
from Sand Flats Road
Briefing and possible action
resolution 13 -2021 agenda summary.pdf
resolution 13 -2021.pdf
Proposed Resolution 16 -2021: A Resolution Extending the Time for Use of Water
Impact Fees
Briefing and possible action
resolution 16 -2021 agenda summary.pdf
resolution 16 -2021 extending water impact fees.pdf
fy20 impact fee report.pdf
Appointment of the City's Representative to Grand County's Boundary
Commission
Briefing and possible action
boundary commission appointment agenda summary.pdf
ordinance -475 -pdf.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
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Moab City Council Public Hearing and Potential Action Agenda on the Final MPD
for the Lionsback Resort Development
Meeting Date: June 8, 2021
Title: Resolution No. 13-2021 conditionally approving the Final Master Planned
Development (MPD) for the Lionsback Resort and Final Plat for Phase 1.
Disposition: Public Hearing and potential action on the Final MPD and Final Plat for
Phase 1.
Staff Presenter: Nora Shepard. Planning Director
Attachment(s):
Exhibit 1: Location Map
Exhibit 2: Approved Preliminary MPD (using the SAR Zoning)
Exhibit 3: Pre-Annexation Agreement (2008)
Exhibit 4: Development and Phasing Agreement (2009)
Exhibit 5: Final MPD and Phase One Plans
Exhibit 6: Approved Ground Water Source Protection Plan
Exhibit 7: Public Comments
Exhibit 8: Resolution No.13-2021
Exhibit 9: Draft Subdivision Improvement Agreement (SIA) for Phase One.
Disposition: This project has already received preliminary MPD approval. The purpose
of this meeting is to hold a public hearing and take action to the City Council on the
Final MPD and final plat for Phase One.
Planning Commission Recommendation:
The Planning Commission held a public hearing on this item on May 13, 2021. After that
public hearing, a new public notice was sent out of this City Council hearing.
There were no comments at the Planning Commission public hearing. Two comments
had been received and are attached as Exhibit 7. The Planning Commission forwarded
a positive recommendation to the City Council. The vote was unanimous. I would
recommend that you view the video for the Planning Commission meeting of May 13,
2021.
Action Options:
1. Approve the Final MPD and final plat for Phase One. for Lionsback Resort to the
City Council
2. Continue the item with specific direction from the City Council as to what
additional information is needed to make a decision
3. Deny the Final MPD and Phase One plat based on specific findings for such a
recommendation
Staff Recommendation: Staff recommends that the City Council hold the public
hearing, discuss the proposal and approve the Lionsback Final MPD and final plat for
Phase One.
Possible Motion:
I move to approve the City of Moab Resolution No. 13-2021A Resolution
approving the Lionsback Resort MPD and Phase One final plat.
Background:
The Lionsback Development has a lengthy and somewhat complicated history with the
City of Moab. The following is an abbreviated summary. The property is owned by the
School and Institutional Trust Lands Administration (SITLA). The developer is LB Moab
Land, LLC. The objective was to create a “more natural” resort experience for Moab
visitors than the existing accommodations offered at the time.
There was no zoning in place that would allow this type of development in the City. In
response, the City developed and adopted a new zoning designation of Sensitive Area
Resort Zone (SAR).
From 2006-2008, LB Moab removed the former Lionsback campg round and closed
multiple jeep roads that were being created off of Hells Revenge.
In 2007 and early 2008, the developer requested Annexation and Master Planned
Development Approval (MPD) under the SAR Zoning. The MPD and Pre -Annexation
Agreement were eventually approved in late 2008 and the property was subsequently
annexed.
After MPD approval, the City was sued over the entitlement process. The City and LB
Moab joined forces and were successful in the lawsuit in 2012.
After the dismissal of the lawsuit, LB Moab reevaluated the market demand and
determined that they wanted to redesign the original hotel concept with a new one.
Instead of 50 hotel/condo units spread out in 9 different buildings, they requested an
amendment to the MPD to allow a 150-room hotel. The City of Moab confirmed in April
2016 that the 50 three-bedroom hotel/condo units converted to a 150-room hotel met
the existing entitlements and the minor modifications would be handled during the final
plat approval process. The City and LB Moab were then sued again. That lawsuit was
recently decided in favor of the plaintiffs and against the determination made by the City
of Moab. The revised plan for the hotel complex considered in 2016 is no longer
applicable.
At this time, the governing documents for the Lionsback are the Pre-Annexation
Agreement recorded in December 2008 (Exhibit 3) and the Development and Phasing
Agreement executed in September 2009 (Exhibit 4). The actions taken by the City in
2016 are invalid.
The 2008/2009 approvals remain valid and in place. In essence, the project as
approved in 2008/2009 is vested.
Summary:
The entitled project was approved as a Preliminary MPD under the SARS Zoning in
December 2008 (see Exhibit 2 Approved MPD site plan).
Size and Location
• 175.12 gross acres
• 48 acres to be developed
• 73.28% Open Space
• Located and accesses from Sand Flats Road (see Exhibit 2 – Location Map)
• Approximate commercial footprint of 54,000sf
• Approximate residential footprint of 365,000sf
Approved Uses
The total number of proposed residential units is 257 units, including:
• 50 hotel suites
• 30 one story casitas (11300-1500sf)
• 30 two story casitas (1300-1500sf)
• 40 one story village casitas (1800-2100sf)
• 45 two story casitas (1800-2100sf)
• 20 one story hillside casitas (2500-3000sf)
• 14 two story hillside casitas (2500-3000sf)
• 18 employee housing uses
• The maximum units that could be allowed in the SAR would be approximately
400 units.
Other approved uses
• Service Facility
• Storage Units
• Sports Gazebo with restrooms and picnic area
• Picnic Gazebo
• Internal trail system
• Sports facilities including tennis, platform tennis, volleyball, putting green, golf
driving cage, lawn games area, bocce, playground equipment and
volleyball/basketball
Open Space and Trails (Exhibit 3)
• Active, passive and internal open space
• Open Space to be conveyed as common open space
• Natural open space, passive recreational open space, active recreational open
space and public pedestrian amenities
" T h e c i r c u l a t i o n p l a n i n c l u d e s m o t o r i z e d a n d n o n m o t o r i z e d s t r e e t s , t r a i n s a n d
p a r k i n g a r e a s , e m e r g e n c y a c c e s s , p u b l i c p e d e s t r i a n a m e n i t i e s . T h e r e w i l l b e a n
e a s e m e n t t o m a i n t a i n t h e H e l l s R e v e n g e T r a i l .
P h a s i n g
" P r o j e c t t o b e d e v e l o p e d i n f i v e p h a s e s
" B o t h t h e P r e - A n n e x a t i o n A g r e e m e n t a n d D e v e l o p m e n t P h a s i n g A g r e e m e n t s p e l l
o u t t h e t i m i n g a n d r e q u i r e m e n t s f o r S u b d i v i s i o n I m p r o v e m e n t s f o r e a c h o f t h e 5
p h a s e s . P h a s e s c a n b e m o d i f i e d b y t h e D e v e l o p e r
O t h e r p r o j e c t r e q u i r e m e n t s
" I m p r o v e m e n t s t o S a n d F l a t s R o a d
" U t i l i t i e s
" D r i n k i n g W a t e r S o u r c e P r o t e c t i o n P l a n
" L a n d s c a p i n g a n d I r r i g a t i o n p l a n s
F i n a l M P D a n d P h a s e O n e
T h e a p p l i c a n t n o w s e e k s a p p r o v a l f o r t h e F i n a l M P D a n d P h a s e O n e ( E x h i b i t 5 ) o f t h e
d e v e l o p m e n t . T h e F i n a l M P D i s c o n s i s t e n t w i t h t h e P r e l i m i n a r y M P D . T h e P r e l i m i n a r y
A p p r o v a l a n t i c i p a t e d t h a t P h a s e O n e w o u l d c o n s i s t o f a 5 0 - u n i t ( 3 b e d r o o m s e a c h )
c o n d o m i n i u m h o t e l a n d 3 4 C a s i t a u n i t s . T h e d e v e l o p e r i s n o t m o v i n g f o r w a r d w i t h t h e
H o t e l c o m p l e x c u r r e n t l y . T h e D e v e l o p m e n t a n d P h a s i n g A g r e e m e n t a l l o w s t h e
d e v e l o p e r t o m o d i f y p h a s i n g . S o m e m o d i f i c a t i o n s t o t h e o v e r a l l p l a n h a v e b e e n m a d e i n
c o n s i d e r a t i o n o f t h e n e w p h a s i n g .
I n f r a s t r u c t u r e I m p r o v e m e n t s
T h e D e v e l o p e r a n d S I T L A e l e c t e d t o m o v e f o r w a r d w i t h t h e o f f s i t e i n f r a s t r u c t u r e a n d
P h a s e 1 C a s i t a s . I t w a s d e t e r m i n e d t h a t t h e t o t a l o f f s i t e i n f r a s t r u c t u r e b u d g e t w a s
a p p r o x i m a t e l y $ 5 m i l l i o n , a n d t h e w a t e r a n d s e w e r i n f r a s t r u c t u r e i m p r o v e m e n t s w o u l d
b e d e d i c a t e d t o t h e C i t y . D e s i g n o f t h e o f f s i t e i n f r a s t r u c t u r e b e g a n i n J u l y 2 0 1 9 a n d
c o n s t r u c t i o n c o m m e n c e d i n J u n e 2 0 2 0 . C o n s t r u c t i o n f o r t h e o f f s i t e i n f r a s t r u c t u r e i s
s c h e d u l e d f o r c o m p l e t i o n J u l y 2 0 2 1 . T h e w a t e r a n d s e w e r a r e b e i n g c o n s t r u c t e d t o
e x i s t i n g C i t y S t a n d a r d s , w h i c h i s a n u p g r a d e f r o m t h e o r i g i n a l p l a n s , i n a n t i c i p a t i o n o f
t h e d e d i c a t i o n t o t h e C i t y . T h e i n t e r n a l p r o j e c t r o a d s w i l l b e p r i v a t e r o a d s , c o n s t r u c t e d
a n d m a i n t a i n e d b y t h e d e v e l o p e r a n d t h e f u t u r e H o m e o w n e r s A s s o c i a t i o n .
A s t o r m w a t e r m a n a g e m e n t p l a n h a s b e e n r e v i e w e d b y t h e C i t y E n g i n e e r . T h e p r o p o s e d
s t o r m w a t e r p l a n m e e t s c u r r e n t s t a n d a r d s , w h i c h i s a n i m p r o v e m e n t f r o m t h e P r e l i m i n a r y
M P D .
A D r i n k i n g W a t e r S o u r c e P r o t e c t i o n P l a n ( D W S P P ) h a s b e e n a p p r o v e d b y t h e C i t y
C o u n c i l . A l l c o n s t r u c t i o n h a s b e e n a n d w i l l b e i n c o m p l i a n c e t o t h a t p l a n . T h i s p l a n i s
a t t a c h e d a s E x h i b i t 6 .
A Subdivision Improvement Agreement is required for each phase of the development.
That can be found as Exhibit 9.
Plan Refinements
As a part of the Final MPD, some of the required improvements have been modified
slightly to meet current standards and to take into consideration the reduced scale of
Phase One. The Development and Phasing Agreement sets forth specific tasks to be
completed with each phase. The Stormwater Management Plan, the Water System and
the Sewer System are under construction and comply or exceed the requirements for
Phase One approved in 2009. Other utilities, such as electric, cable, and telephone will
be provided. All the utility companies have been involved in reviewing the current design
for utilities.
The Development and Phasing Agreement required improvements to Sand Flats Road
that included shoulder improvements on each side of the road. After review of the
existing situation, the applicant and City Staff agree that instead of simply providing a
wider shoulder, the developer will build a multipurpose non-motorized trail adjacent to
Sand Flats Road to provide a higher level of safety for pedestrians and bicyclists.
Additional Right-of-Way will be dedicated to the City. One curve on Sand Flats road will
also be modified slightly to improve safety.
Because the hotel complex is not being constructed at this time, secondary/emergency
access to the 34 new casitas will be via a slightly modified Hells Revenge OHV Trail.
This will also serve as access to the new water tank that is under construction. The
applicant is working with the City and OHV user groups on the realignment.
Process
MMC 17.65.110 gives the following direction on the process for a Final Master Planned
Development as follows:
“17.65.110 Final MPD.
After the preliminary plan has been approved by the Planning Commission, the
applicant shall submit prints of a final plan to the Planning Commission through the
Zoning Administrator for approval thereof, showing in detail the following information:
A. Site Plan. Detailed site plan with complete dimensions showing precise locations of
all buildings and structures, lot or parcel sizes and locations, designations of open
spaces and special use areas, detailed circulation pattern including proposed
ownership;
B. Building Plans. Preliminary building plans, including floor plans and exterior
elevations;
C. Landscape Plan. Detailed landscaping plans produced and stamped by a registered
landscape architect showing the types and sizes of all plant materials and their
locations, decorative materials, recreation equipment, special effects, and sprinkler or
irrigation systems;
D. Parking Plan. Dimensioned parking layout showing lo cation of individual parking
stalls and all areas of ingress or egress;
E. Engineering Plan. Detailed engineering plans and final subdivision plat showing site
grading, street improvements, drainage and public utility locations. Also, submission of
the engineering feasibility studies if required by the Zoning Administrator;
F. Covenants. A copy of protective covenants, articles of incorporation, bonds and
guarantees, as required by the Zoning Administrator and/or the City Attorney;
G. Title. A certificate of title showing the ownership of the land;
H. Certificate of Acceptance. A certificate of acceptance by the City Council for any
dedication of public streets and other public areas, if any, that are made by the owners;
I. Accuracy of Survey. A certificate of accuracy by an engineer or land surveyor
registered to practice in the state of Utah;
J. Consistency with Approvals. All final MPD submittals shall be reviewed for
consistency with this chapter and all preliminary MPD approval conditions.”
The submitted materials for the Final MPD are consistent with the Preliminary MPD.
The Final MPD and Phase One includes all the above required detail for Phase One.
HOTEL FOOTPRINT:
PARKING AREA:
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Date: 11 -DEC -2008 I:48PM 11
PRE -ANNEXATION AGREEMENT Fee: Mane
City of Moab, Utah Filed By: JAC
MERLENE MOSHER DALTON Recorder
(Lionsback Resort) GRAND COUNTY CORPORATION
For: MOAB CITY
THIS PRE -ANNEXATION AGREEMENT ("Agreement") is made and entered into as of 28th day of
October, 2008 ("Effective Date") between the City of Moab, a Utah municipal corporation, acting
through its City Council ("City") and LB Moab Land Company, LLC, a Colorado limited liability
company ("Company").
RECITALS:
A. State of Utah, acting by and through the School and Institutional Trust Lands
Administration ("SITLA") is the owner of a certain parcel of real property situated in Grand County,
Utah consisting of 139.95 acres, more or less, more particularly described on attached Exhibit "A-1"
("Property"). SITLA has authorized and empowered Company to submit and pursue the annexation of
the Annexation Property into the City of Moab and has joined in and consented to the Annexation
Petition. SITLA constitutes more than one-third of all owners of private property within the area proposed
for annexation into the City of Moab pursuant to the Petition. By consenting to this Agreement, SITLA is
not assuming any duties or obligations hereunder and the Parties agree that they shall not look to SITLA
to perform any duties or obligations arising in connection with this Agreement.
B. SITLA is also the owner of certain adjoining property more particularly described on
attached Exhibit "A-2" ("Adjoining Property").
C. The Property and the Adjoining Property are each currently located in the unincorporated
portion of Grand County, Utah.
D. Company and SITLA have entered into a certain Development Agreement and Ground
Lease concerning the Property and the Adjoining Property dated as of June 6, 2006 ("SITLA Lease and
Development Agreement"), by which Company is authorized and empowered to seek and obtain
development approvals from the City, including the entitlements described herein. SITLA has joined in
this Agreement to evidence its consent to the terms and conditions of this Agreement.
E. Company has submitted its petition for annexation ("Annexation Petition") seeking to
annex the Property ("Annexation") into the City of Moab ("City of Moab") on terms and conditions
mutually agreeable and acceptable to Company and the City and, thereupon, to develop the Property in
accordance with the applicable codes, laws and regulations of the City of Moab ("City Code") and
applicable laws of the State of Utah ("Utah Law"). The terms City Code and Utah Law are sometimes
collectively referred to as the "Applicable Laws".
F. Contemporaneous with the execution of this Pre -Annexation Agreement, Company shall
submit a separate annexation petition and pursue the annexation of the Adjoining Property into the City, it
being agreed that the City's consideration of the annexation shall be deferred until such time as the
Adjoining Property is eligible for annexation pursuant to the Applicable Laws.
G. The Parties recognize and agree that the Annexation Petition covers and concerns the
Property, not the Adjoining Property. Nothing herein or in the Annexation Petition being evaluated by
the City is intended to nor shall it be construed as annexing the Adjoining Property into the City or
obligating the City to annex the Adjoining Property into the City.
H. In connection with the Annexation of the Property, Company seeks to design, develop,
construct and operate the Property (as well as the Adjoining Property at such time as it may be annexed
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into the City, if at all, subject to the Applicable Laws) as a mixed use resort community, consisting of: (a)
the Lionsback Resort Lodge and Spa facility, inclusive of an associated meeting/conference center,
commercial elements, management elements and back of house components; (b) residential lots and
structures; (c) workforce housing units; (d) storage and service elements; and (e) infrastructure, generally
and collectively referred to as Lionsback Resort ("Project"), which development will generally occur
consistent with the uses and arrangements described and depicted on "Lionsback Resort Preliminary
Master Planned Development" attached as Exhibit "B". The Property (as well as the Adjoining
Property at such time as it may be annexed into the City, if at all, subject to the Applicable Laws) will be
subdivided into separately platted "Lots", each platted and zoned to accommodate the particular
development for the Project contemplated by the Lionsback Resort Preliminary Master Planned
Development. The Lionsback Preliminary Master Planned Development may be modified by appropriate
procedure and mutual assent of the Parties, prior to final approval of the Annexation by the City.
I. Company has submitted applications for a Conceptual Master Planned Development and
a Preliminary Master Planned Development, each consistent with the City of Moab Municipal Code.
J. The City, following duly noticed meetings, has approved the Conceptual Master Planned
Development and a Preliminary Master Planned Development, subject to conditions.
K. The Project will be platted and developed in various phases (each a "Phase"), which is
addressed in the Development and Phasing Agreement for the Project (defined and described below).
L. In connection with the approval of the Preliminary Master Planned Development, the
Parties will execute a certain "Development and Phasing Agreement", which reflects various terms and
conditions of the City's approval of the Preliminary Master Planned Development. The Development and
Phasing Agreement also establishes that various Phases for the Project and the sequencing of the
particular onsite and offsite infrastructure improvements, consisting of certain Subdivision Improvements
(defined below), required to be undertaken by the Company to accommodate the Project.
M. Company's obligation to construct the Subdivision Improvements will also be undertaken
in accordance with certain Subdivision Improvement Agreements (defined below).
N. Vehicular access to and from the Project and the City is intended to be provided by way
of Sand Flats Road, which is currently a Grand County — Class B Road as determined by Grand County
pursuant to Grand County Resolution No. 2834. Grand County and the City have executed or are
expected to execute a certain Public Road and ROW Transfer Agreement ("Sand Flats Road Transfer
Agreement") by which Grand County is conveying all of its rights and interests in Sand Flats Road to the
City and, thereafter, Sand Flats Road would be classified as a Class C Road, owned and managed by the
City of Moab. The Sand Flats Road Transfer Agreement will be reviewed and acted upon by the City of
Moab Council ("City Council") following a duly noticed public meeting.
0. Company shall connect the Property (as well as the Adjoining Property at such time as it
is annexed into the City) and the Project to the City Water System (defined below) and the City Sanitary
Sewer System (defined below) and pay all construction costs associated with these extensions.
P. The City and Company desire to enter into an agreement concerning the annexation of
the Property, the extension of utilities to and within the Property, the construction of certain public
improvements, the granting of the Lionsback Resort land use entitlements and the development of the
Property ("Development Approvals"), and the provision of municipal services thereto and therein.
Q. The City, in the course of a duly noticed meeting of the City Council, will review and act
upon the Annexation Petition in compliance with the Applicable Laws.
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R. The City of Moab Planning Commission and the City of Moab Council, being fully
advised as to the situation and having considered the matters at duly noticed public meetings, have
concluded that it is in the best interests of the City to enter into this Agreement and have made all
necessary findings of fact and conclusions of law in support thereof.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the City and Company hereby agree as follows:
1. Finding and Conclusions.
1.1 The Project is under active preliminary development studies, which are believed
to be mutually acceptable to the Parties and consistent with the City of Moab Code.
1.2 Desirable open space areas are being retained and important trails and
recreational resources are being preserved.
1.3 The Project is expected to generate substantial tax revenues for the City.
1.4 The Company has voluntarily committed to cause the Project Association to
establish and pay to the City a portion of the RETA (defined below), which will generate funding for
affordable housing and trail resource preservation for the use by the City of Moab.
1.5 The design, construction and maintenance of required Subdivision
Improvements for the Project (defined below) shall be undertaken and/or funded in whole or in part by
the Company and/or the Project Association (defined below) through certain Infrastructure Funding
Mechanisms (defined below).
1.6 The Project is compatible with the development plans of the City of Moab and is
substantially consistent with zoning classifications, characterizations, densities and uses authorized by the
Land Use Code.
1.7 The Project is in an area that the City has determined is appropriate for
Annexation into the City of Moab.
1.8 The Project is expected to provide substantial economic benefits to the City.
2. Annexation and Planning Process.
2.1. Annexation Process.
2.1.1. This Agreement is intended to set forth the Parties' understanding and
agreement as to the Project proposed for the Property, and as to the annexation of the Property pursuant to
Applicable Law. This Agreement shall not be construed as approval of any particular level, scope,
density, or type of development on the Property, provided however, that the City, by executing this
Agreement, acknowledges that in concept the proposed general level of uses and density of development
expressed in the Lionsback Resort Preliminary Master Planned Development is acceptable to the City.
2.1.2. Company shall prepare and submit the necessary petitions, applications
and documentation ("Project Development Applications")(consistent with the general densities and land
. uses described in this Agreement set forth therein), and the City agrees in good faith to undertake the
necessary and proper processes, public notices, notifications, and public hearings required by the City of
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Moab Code in order to determine whether to approve the Lionsback Resort Land Use Entitlements, to
annex, zone, subdivide, and preserve the Property as applied for and in accordance with this Agreement.
2.2. Land Use and Planning Processes.
2.2.1. The Parties agree to process the Project Development Applications for
the Property and Project as the same are being sought by Company. The Parties recognize that certain
legislative, judicial, or quasi-judicial acts by the City may be necessary to effectuate the approvals
described herein. It is not the intent of this Agreement to bind the City to undertake or make such
municipal acts or to limit public participation in hearings or remedies regarding such acts. Nothing in this
Agreement, including any remedies specified herein, shall be construed to abrogate or impair the police
powers possessed by the City under applicable law. The Parties expressly agree they will fully perform
this Agreement, to the extent it is consistent with the law.
2.2.2. It is the intent of this Agreement to describe certain municipal processes
and the desired results currently anticipated by Company, in order to facilitate the process of procuring
the desired Lionsback Resort Land Use Entitlements for the Property.
2.2.3. Company proposes to develop or preserve, and have the City zone the
Property substantially in accordance with the Lionsback Resort Preliminary Master Planned Development
Plan.
2.2.4. In connection with its action on the Annexation Petition, the Company is
requesting that the City classify the Property in the Sensitive Area Resort Zone (SAR), which zone the
Company contends is the suitable zone to classify the Property to achieve appropriate Lionsback Resort
land use entitlements for the Property.
2.2.5. The lodge and spa component, meeting/conference facilities, commercial
facilities and related facilities and features and the employee housing units will initially be owned,
developed and constructed by Company.
2.2.6. The owners of each of the residential dwellings will have the right, but
not the obligation, to include their unit in a rental program managed and operated by the management
company for the Lionsback Resort Lodge and Spa facility.
2.2.7. The City acknowledges that this flexibility of use is appropriate for the
particular location and the right to nightly rentals of the units is a substantial and permanent property
right. The final configurations will be shown on Final Plats, may vary from that shown, within the
limitations of the development standards, building code, height restrictions and setbacks.
2.2.8. This Agreement is contingent upon Annexation of the Project, the
classification of the Property within the SAR Zone as provided for in the City of Moab Code and the
approval of a Final Master Planned Development for the Project, all on terms and conditions acceptable to
Company.
2.2.9. The Project will be subject to the provisions of the City of Moab Code.
2.3. Subdivision Improvements.
2.3.1. The required onsite and offsite infrastructure improvements
("Subdivision Improvements") for the development in the Project have been identified by the Parties
and consist of those Subdivision Improvements designated in the Lionsback Resort Preliminary Master
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Planned Development, in particular Sheet Cl and Sheet C2. The Parties will execute a "Development
and Phasing Agreement" for the Project establishing the timing for the construction of the Subdivision
Improvements within six (6) months of the approval of the Preliminary Master Planned Development or
such later date if extended pursuant to the City of Moab Municipal Code. The Company shall not be
deemed to be in default hereunder if Company has submitted its Development and Phasing Agreement to
the City and the City has not approved it for reasons not related to delays attributable to Company within
six months of the approval of the Preliminary Master Planned Development. In the event that the City
fails or refuses to approve the Development and Phasing Agreement and the Final Master Planned
Development for the Project on terms and conditions acceptable to Company, Company may invoke the
remedies as specified in Section 9.4.4. Nothing herein shall obligate the City to approve the Development
and Phasing Agreement and the Final Master Planned Development for the Project.
2.3.2. The Subdivision Improvements include certain onsite roads, sidewalks
and trails, water service facilities (including the onsite Water Tank), sewer service facilities, storm water
drainage facilities, electrical, natural gas, telephone, and cable television. The Subdivision Improvements
also include certain offsite improvements, including certain improvements to Sand Flats Road and the
installation of certain lines and facilities relating to the City Water System and the City Sanitary Sewer
System as well as certain other necessary utility extensions to service the Property and Project.
2.3.3. The attached "Table of Subdivision Improvements", a copy attached as
Exhibit "C" lists the scope of the Subdivision Improvements as well as the respective Party responsible
for the design, construction/installation, ownership, operation, management and maintenance of each
Subdivision Improvement and the Party responsible for the associated costs.
2.3.4. The Company will grant easements to the City to accommodate the
placement, use and operation of the Onsite Water System Facilities and the Onsite Sanitary Sewer System
Facilities and to enable the City to gain access to the Onsite Water System Facilities and the Onsite
Sanitary Sewer System Facilities to enable it to perform its functions contemplated hereunder.
2.3.5. The Company will grant easements to each particular utility provider to
accommodate the placement, use and operation of the particular utility and to enable the utility provider
to gain access to the particular utility to perform its functions contemplated hereunder.
2.3.6. The Development and Phasing Agreement will establish the phases by
which the Company will plat and develop the Project ("Phases"). The Development and Phasing
Agreement will establish the particular onsite and offsite Subdivision Improvements required for each
Phase of the Project.
2.3.7. At the time of final platting of each Phase, the Company and City will
execute a subdivision improvement agreement for that Phase of the Project (each an "SIA"). Each SIA
will: (a) identify the particular onsite and offsite Subdivision Improvements required for that Phase of the
Project as established by the Development and Phasing Agreement; (b) establish the schedule for
completion of the applicable Subdivision Improvements which will occur after the recordation of the final
plat; and (c) insure the timely completion of the applicable Subdivision Improvements by requiring the
Company to post a bond, letter of credit, cash or other mutually acceptable security in the amount of one
hundred fifty percent (150%) of the estimated costs required to complete the required Subdivision
Improvements for that Phase, which financial security may be transferred from one SIA to a different SIA
for another Phase, provided that all improvements for each phase are completed and accepted by the City.
Each SIA will be executed in connection with the recordation of the Final Plat for that Phase. The SIAs
for the Project shall provide for the proportionate reduction of the balance of any required security as the
Subdivision Improvements are constructed by Company and accepted by the City, and for cost recovery
associated with facilities that are designed for use by other Parties.
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2.3.8. The Parties agree that Company will have no obligation to construct,
install or undertake any other onsite or offsite Subdivision Improvements, except for those onsite or
offsite Subdivision Improvements necessary to serve the Project and the Property as provided for in the
Development and Phasing Agreement and this Agreement. The foregoing will not preclude the inclusion
of the Property in an impact fee ordinance established to undertake other municipal improvements as are
determined to be necessary in the discretion of the City and uniformly applied to all similarly situated
property.
2.3.9. The Company may be obligated to oversize the Subdivision
Improvements, provided that the City agrees to a reasonably acceptable mechanism that provides for the
reimbursement to Company of a proportionate share of the excess costs and expenses incurred by
Company in designing, permitting and installing/constructing the facility. To the extent that the City
requests that any portion or aspect of the Onsite Water System Facilities and the Onsite Sanitary System
Facilities for the Project should be oversized to accommodate other needs of the City, the cost of such
over -sizing (including without limitation any additional trenching required and the additional costs
necessary as a result of the larger pipe) shall be paid by the City to Company and/or acceptable
arrangements have been made for other projects tapping into such oversized facilities reimburse Company
for costs incurred in extending such facilities. The mechanism for installing the Required Water Storage
Tank shall be as provided for in Section 4.4 herein.
2.4. Building Permits: Upon recordation of the final plats and the execution of SIA
documents and financial guarantees for each phase of the Project, the City will promptly process building
permit applications at which time it will charge, on a unit by unit basis, the same building permit fees and
other impact fees charged for like construction elsewhere in the City of Moab, provided that water and
sewer impact fees shall be paid at the time of connection, and provided that any applicable credits
provided for in this Agreement shall be applied at the time of connection.
2.5. Vested Property Rights.
2.5.1. Vesting. The City acknowledges that Company seeks an extended
vesting period for the Project and agrees in concept with this objective in order to accommodate
Company's phasing schedule for the Project. The annexation of the Property shall be conditioned upon
the City's prompt approval of the MPD in conformity with this Agreement, and the granting of vested
property rights in accordance therewith for a period of fifteen (15) years from the date of Preliminary
Master Planned Development approval, provided that Company has submitted its Development and
Phasing Agreement as required in Section 2.3.1. The City Council may authorize an extension of the
Vesting Period for an additional reasonable time if Company has diligently pursued the development of
the Project and has been delayed from completion because of events not reasonably within the control of
Company, such as market conditions. If the City should fail or refuse to grant approval of the MPD as
specified herein, then the Company may invoke those remedies as specified in Section 9.4.4.
2.5.2. Nature of Vesting. The City and Company agree that the execution of
this Agreement, the approval of the Lionsback Resort Preliminary Master Planned Development, the
approval of the Development and Phasing Agreement, and the adoption of the annexation ordinance
grants and vests in Company all rights necessary to develop the Project. The rights granted to Company
under this Agreement are both contractual and as provided under the common law concept of "Vested
Rights".
2.5.3. Duration. The Vested Development Rights may not be removed or
diminished by future changes or amendments to the General Plan, Zoning Overlays, Ordinances or other
administrative or legislative action of the City, unless it becomes necessary to modify a development
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standard to protect the public health and safety, in which case such modification will be only as necessary
for that purpose. In the event the Development Rights or Development Standards approved by this
Agreement, or any particular aspect thereof, are or come to be at variance with any regulation or
ordinance of the City, current or future, the development rights and standards herein shall be permitted as
(a) non -conforming allowed use(s).
2.6. Common Interest Community.
2.6.1. The use and development of the Property, including the component Lots
and parcels that will comprise the Project, will be developed consistent with applicable provisions of the
City Code governing condominium development, if any, as well as any applicable provisions of the Utah
Condominium Ownership Act and/or under a scheme for a Utah planned unit development community.
Prior to or upon the recordation of the final plat for the initial phase of the Project, the Company will
cause to be prepared a comprehensive set of documents, including certain plats, declarations, design
guidelines, rules and regulations, bylaws, articles of incorporation and the like ("Project Governing
Documents") which will govern the use and ownership of the Property and the component Lots and
parcels established in the MPD process.
2.6.2. The homeowners association ("Project Association") for the Project will
administer the Project Governing Documents.
3. Water Service and Sanitary Service.
3.1. Water Service. The City owns and operates the water system for Moab ("City
Water System"). The City states and affirms that there is capacity in the City Water System to
accommodate full development of the Project. Annexation pursuant to this Agreement is a precondition
to the City providing culinary water service to the lands subject to this Agreement. The City
acknowledges that it will provide water service to any portion of the Project immediately upon Company
making a written request for such service and making the payment of applicable standard in -City
connection charges and impact fees, which will be assessed and collected at the time service is established
at each lot or parcel, subject to any impact fee credits as provided for herein. Company is responsible for
designing and installing any onsite and offsite water line extensions and mains, pump stations and other
facilities necessary to allow the Project to connect to the City Water System, including the Water Tank
serving the Project ("Water System Facilities"). All Water System Facilities, excluding Service Lines,
will be owned and maintained by the City, the cost of which will be defrayed by the imposition of
periodic customary water user service fees and charge customarily charged to all other City residents,
which charges will be billed to and collected from each owner of a Lot by the City. Company, after
consultation with the City, shall design, purchase, and install all elements of the Water System Facilities
water service lines, both onsite and offsite, in accordance with plans and specifications reviewed and
approved by the City.
3.2. Sanitary Sewer Service. The City owns and operates the sewer system for
Moab ("City Sanitary Sewer System"). Annexation pursuant to this Agreement is a precondition to the
City providing sewer service to all or any portions of the lands subject to this Agreement. The City states
and affirms that there is capacity in the City Sanitary Sewer System to accommodate full development of
the Project. The City acknowledges that it will provide sewer service to any portion of the Project
immediately upon Company making a written request for such service and making the payment of
applicable standard in -City connection charges and impact fees, which will be assessed and collected at
the time that service is established at each lot or parcel. Company is responsible for designing and
installing any onsite and offsite line extensions, lift stations and other facilities necessary to allow the
Project to connect to the City Sanitary Sewer System ("Sanitary Sewer System Facilities"). All
Sanitary Sewer System Facilities, excluding service lines, will be owned and maintained by the City, the
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cost of which will be defrayed by the imposition of periodic customary sewer user service fees and
charges customarily charged to all other City residents, which charges will be billed to and collected from
each owner of a Lot by the City. Company, after consultation with the City, shall design, purchase, and
install all elements of the Sanitary Sewer System Facilities, sewer service lines, both onsite and offsite, in
accordance with plans and specifications reviewed and approved by the City.
3.3. Service Lines. For purposes of this Agreement, the term "Service Lines" is
deemed to be those water or sewer lines extending from the residence over a lot and connecting into a
distribution line owned by the City. The owner of the Lot and residence upon which the Service Line is
located and to which the Service Line is connecting and providing water or sewer services is responsible
for maintaining the Service Line over their Lot. Any repairs and maintenance should be coordinated with
the City and completed in accordance with any direction provided by the City.
4. Utilities, Roads, Land Dedications, RETA Fund and Related Project Matters.
4.1. Utilities to the Project. Company shall be responsible for arranging for physical
extension to and within the Property of all gas, electric, telephone, and cable TV utilities, including the
upgrade of any existing facilities, to the extent necessary to serve the development of the Property. All
such utilities shall be underground within and immediately outside of the boundaries of the Property and
shall be constructed to City specifications or to accepted engineering standards as approved by the City
engineer after consultation with Company. The timing of the construction of such infrastructure
improvements shall be phased in accordance with the Development and Phasing Agreement.
4.2. Fees and Dedications. The Parties acknowledge that no fees or dedications for
water, utility service, park or open space dedication, or any other matter related to development of the
Project have been paid to the City, except as otherwise specifically set forth or provided for herein. Any
and all such fees or dedications, if any, shall be paid or made as required by this Agreement, the
applicable annexation agreement and the laws, ordinances, rules, regulations, and policies in effect in the
City at the time that a final plat is recorded, building permits are issued, or connections to City services
are approved for each segment of the Project, as appropriate.
4.3. Roads and Parking.
4.3.1. Internal Streets. The streets and parking areas within the Project will
all be designed and constructed to the City of Moab Code and construction standards, subject to the
granting of any mutually agreeable and desirable waivers and standards, but shall be owned and operated
as a private road, to be owned, managed and maintained by the Project Association. The Parties agree that
the location of these private roads will be reviewed during the MPD process. The Project Association
shall grant and convey necessary and appropriate easements to the City and such other police, fire and
emergency response bodies providing services to the Property and Project as may be necessary.
4.3.2. Hells Revenge. Company shall maintain a 20 foot wide corridor to
accommodate the Hells Revenge Jeep Trail at a site acceptable to Company. The City shall not be
responsible for the ownership, management and/or operation of the Hells Revenge Jeep Trail.
4.3.3. Offsite Roads.
4.3.3.1. Ownership of Sand Flats Road. Access to the Project will be
by Sands Flat Road, which is a public road, currently owned, managed and operated by Grand County.
The Parties understand that Grand County will transfer its rights, title and interests in Sand Flats Road to
the City in accordance with the Sands Flat Road Transfer Agreement, to be executed prior to the
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effectiveness of the Annexation of the Property into the City. Following such conveyance, the City will
own, manage and operate Sand Flats Road.
4.3.3.2. Improvements to Sand Flats Road.
A. The Company will construct and install improvements to
Sand Flats Road in conformity with plans and specifications approved by the City consistent with the
improvements to Sand Flats Road identified in the Lionsback Resort Preliminary Master Planned
Development, in particular Sheet Cl and Sheet C2 and as may be further described in the Development
and Phasing Agreement.
B. The costs of undertaking such Sand Flats Road
improvements are to be paid for by the Company. The Sand Flats Road improvements will be identified
and may be completed in phases as provided for in the Development and Phasing Agreement.
C. The City will not otherwise require Company or any
other party to acquire right-of-way to accommodate the proposed Subdivision Improvements.
4.3.3.3. Maintenance of Sand Flats Road. The costs of undertaking
recurring operations, maintenance and repair of Sand Flats Roadwill be undertaken by the City and
funded by the proceeds of assessments placed upon Lots in the Project and the Adjoining Property (if
annexation occurs) pursuant to an Assessment Area ordinance to be enacted by the City, pursuant to
U.C.A. § 11-42-101 et seq., for maintenance of Sand Flats Road. The Company will cooperate and
execute all necessary reasonable consents or supplemental documents to allow for the creation of an
assessment area covering the parcels to be created within the Property and the Adjoining Property and
shall assist the City in developing the Assessment Area, which will be established by the Parties prior to
the recordation of the final plat for the initial phase of the Project.
4.3.3.4. Upgrades to Sand Flats Road. The costs of undertaking future
upgrading of Sand Flats Road ("Future Sand Flats Road Upgrades") may also be funded by the
proceeds of additional assessments placed upon the Lots in the Project and each of the Adjoining
Property, provided that each of the following occur or are true:
A. The Future Sand Flats Road Upgrades are necessary
because of material impacts attributable to the uses and activities occurring in the Project;
B. All other developed or undeveloped lands which may be
benefited by Future Sand Flats Road Upgrades or which may otherwise generate material impacts to Sand
Flats Road contributing to the need for the Future Sand Flats Road Upgrades are likewise included in the
Assessment Area and assessed in a proportionate manner similar to the Lots in the Project.
C. If the Future Sand Flats Road Upgrades are caused in
whole or part by uses and activities occurring on adjacent or near by state or federally owned lands and
the owners of the impacting public land do not contribute to the cost of the Future Sand Flats Road
Upgrades, the costs that would be proportionately allocated to such public lands will not be reallocated to
or otherwise collected from the Lots in the Project and would be paid by other revenues.
4.4. Water Tank.
4.4.1. Required Water Storage. Company acknowledges and agrees that it
needs to create additional water storage capacity for the City Water System to accommodate the water
storage and service needs of the Project, anticipated to range between 235,000 and 280,000 gallons
("Required Water Storage Capacity"). The ultimate determination of actual Project generated water
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storage demands will be reasonably calculated by the City Engineer, based upon the information and
input provided by the engineer for Company. The City Engineer will only consider the anticipated
Project generated demands and not other factors in determining the Required Water Storage Capacity.
4.4.2. Required Water Storage Tank. Company acknowledges and agrees
that it needs to construct a water tank to accommodate the Required Water Storage Capacity as
reasonably determined by the City Engineer pursuant to Section 4.4.1 ("Required Water Storage
Tank"). The Required Water Storage Tank, at the election of Company, may either occur: (a) onsite on a
portion of the Property ("Onsite Water Tank"); or (b) offsite at a mutually agreeable location that will
continue to accommodate the Required Water Storage Capacity needs of the Project ("Offsite Water
Tank").
4.4.3. Onsite Water Tank. In the event that Company elects to construct the
Onsite Water Tank, the Parties agree to proceed as follows:
4.4.3.1. The Company will design and construct the Onsite Water Tank
at its sole cost and expense on a portion of the Property as indicated in the Preliminary Master Plan or
such other location, if any, mutually acceptable to the Parties.
4.4.3.2. The Company will install the Onsite Water Tank as part of the
nitial phase of the Project.
4.4.3.3. The design and construction of the Onsite Water Tank shall be
undertaken in accordance with plans and specifications approved by the City.
4.4.3.4. Upon completion and acceptance of the construction, the City
shall own and operate the Onsite Water Tank and shall be granted necessary easements to enable the City
to monitor, manage and maintain the Onsite Water Tank.
4.4.3.5. The City recognizes and agrees that the installation of the Onsite
Water Tank will fully accommodate the water storage needs for all of the units contemplated for the
Project, and since this will allow the Project to have no impact on the City's existing water storage
capacity, Company will be entitled to a water impact fee offset for all units served by the Onsite Water
Tank. Pursuant to Moab Municipal Code Section 13.25.040, the offset granted by this agreement with the
City shall attach to and run with the lands included within the approved Final Master Planned
Development and subject to impact fees. Offsets shall be valid for a period not to exceed ten (10) years
from the date of approval of the final plat for phase one of Project or the date of the issuance of the last
certificate of occupancy for units within the Project, whichever occurs first.
4.4.4. Offsite Water Tank. The City has indicated that it is considering
placing a water tank on other property not owned by Company. Provided that the City makes an election
to utilize the Offsite Water Tank and in the further event that the Company elects to participate with the
City in funding and constructing such Offsite Water Tank, the Parties agree to proceed as follows:
4.4.4.1. The Parties shall mutually agree upon an offsite location for the
Offsite Water Tank that will continue to serve the Required Water Storage Capacity needs of the Project.
4.4.4.2. The election to pursue the joint development of the Offsite Water
Tank must occur prior to the time that Company has submitted its application for its Final Master
Development Plan seeking to plat the initial phase of the Project.
4.4.4.3. Unless the Company enters into an agreement to purchase real
property from an adjacent property owner for the siting of a an Off Site Water Tank as provided in
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Section 4.4.4.6(C) , the City agrees, at its sole cost and expense, to secure all required property interests
(fee simple and/or easement interests) necessary to enable the City and Company to gain access to, stage,
site, construct/install, operate, maintain and repair the Offsite Water Tank and all lines, utilities, access
roads and other necessary facilities required to operate the Offsite Water Tank, including providing
service to the Project, prior to the time that Company has submitted its application for its Final Master
Development Plan seeking to plat the initial phase of the Project.
4.4.4.4. Company agrees to design and construct the Offsite Water Tank
with a capacity of 500,000 gallons. The Parties agree that the additional capacity constructed by the
Company above the Required Water Storage Capacity necessary for the Project shall be considered the
"Increment of Capacity Upsize". The Required Water Storage Capacity plus the Increment of Capacity
Upsize shall equal the Total Upsized Water Tank Capacity.
4.4.4.5. The Parties agree that since the installation of the Offsite Water
Tank will fully accommodate the water storage needs for all of the units contemplated for the Project, and
since this will allow the Project to have no impact on the City's existing water storage capacity, Company
will be entitled to a water impact fee offset for all units served by the Onsite Water Tank. Pursuant to
Moab Municipal Code Section 13.25.040, the offset granted by this agreement with the City shall attach
to and run with the lands included within the approved Final Master Planned Development and subject to
impact fees. Offsets shall be valid for a period not to exceed ten (10) years from the date of approval of
the final plat for phase one of Project or the date of the issuance of the last certificate of occupancy for
units within the Project, whichever occurs first.
4.4.4.6. Since construction of the Offsite Water Tank will include an
Increment of Capacity Upsize, the City agrees to contribute toward the cost of constructing said
Increment. The cost of constructing the Increment of Capacity Upsize shall be determined by first
calculating the price per gallon of constructing the 500,000 gallon water tank ("Unit Price/Gallon"). This
Unit Price/Gallon shall be calculated based upon the actual cost of designing, transporting, excavation,
installing and constructing the Offsite Water Tank and related facilities, together with all actual associated
permitting fees, labor and material costs and fees, equipment fees, contractor fees, utility fees, and other
costs and expenses paid to construct the Offsite Water Tank and related facilities. The Unit Price/Gallon
shall then be multiplied by the Increment of Capacity Upsize, yielding the cost of constructing the
Increment of Capacity Upsize ("Upsize Cost"). The amount of the contribution for the Upsize Cost to be
paid by the City shall be determined by the application of the following calculation, whichever is
applicable:
A. Should the Company elect to construct the 500,000
gallon Offsite Water Tank but not elect to construct the water lines necessary to connect the Offsite Water
Tank to the City Water System, the City hereby agrees to pay the lesser of either: (1) seventy five percent
_(75%) of the Upsize Cost; or (2) one hundred seventy six thousand dollars $176,000.00. The City
agrees to fund its share of the Upsize Cost from the City's Water Impact Fee Fund. The City will
reimburse Company this amount promptly when the Offsite Water Tank has been constructed.
B. Should the Company elect to construct the 500,000
gallon Offsite Water Tank and elect to construct the water lines necessary to connect the Offsite Water
Tank to the City Water System, the City hereby agrees to pay the lesser of either: (Done hundred percent
(100%) of the Upsize Cost; or (2) two hundred thirty one thousand dollars ($231,000.00). The City
agrees to fund its share of the Upsize Cost from the City's Water Impact Fee Fund. The City will
reimburse Company this amount promptly when the Offsite Water Tank has been constructed.
C. The parties acknowledge that the Company is currently
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negotiating with an adjacent property owner for the purchase of real property for the siting of the Off Site
Water Tank. Provided that Company is successful in securing all necessary property interests, including
fee simple title to the Off Site Water Tank site and all necessary easements for access and pipelines, then
the City agrees that the total dollar contribution of the City for the 500,000 gallon Offsite Water Tank
pursuant to sub -subsections (A) and (B) of this subsection 4.4.4.6 shall be increased by the sum of fifty
thousand dollars ($50,000.00), provided that Company shall transfer all property interests in said real
property to the City upon completion of construction of the offsite water tank.
4.5. Trash. The City will provide routine and customary trash removal services to
lots in the Project as provided by City ordinances. The City will bill charges for this service to each owner
of a Lot following issuance of a certificate of occupancy.
4.6. Land Dedication.
4.6.1. Open Space. Upon annexation of the Property, and Final Master
Planned Development approval for Phase I , those portions of land indicated on the Lionsback Resort
Preliminary Master Planned Development Plan as "Open Space" shall either be dedicated to the Project
Association ("Project Open Space") or included in the yard area of individual lots in the Project as
indicated on the Preliminary Master Planned Development Plan to meet minimum open space
requirements necessary under the SAR zone and the MPD review process, which Project Open Space will
be owned, managed and administered by the Project Association. The Project Open Space shall be
designated as either Passive or Active as provided for in the City Code. Company shall place a
conservation easement or other suitable restriction on the Property benefitting the City, restricting its
usage to Passive or Active Open Space uses, provided that the covenant will enable a reasonable shifting
of the designation of open space between Active and Passive. The use of the Project Open Space will be
restricted as open space and may be used recreational, trail and other natural habitat or other natural open
space areas. The use restrictions shall be included in the Project Governing Documents and such
provisions may be enforced by Company, Project Association and/or the City. Any potential use that is
not a permitted use shall require the consent of the City and the Company or its successors and assigns.
The Company and the Project Association shall determine the nature and extent of any public use of the
Project Open Space. The Parties recognize and agree that portions of the Project Open Space are located
on the Adjoining Property and are subject to the provisions of Section 7. The required conservation
easement shall be recorded with the final plat for the Final Master Planned Development Plan for the
Project.
4.6.2. Prior to recordation of the final plat for the Final Master Planned
Development Plan for the Project , Company and the City shall reach an agreement as to the construction
and maintenance of any and all trails dedicated by Company to the City as part of the land use approval
process.
4.6.3. The land dedications described in this Section 4.4 shall satisfy any and
all dedication requirements required by the City pursuant to the City of Moab Code.
4.7. BETA Fund. The Project Governing Documents will establish a certain Real
Estate Transfer Assessment ("BETA"), which will be assessed and collected at the time of the sale of
individual property interests in the Project. The Project Governing Documents will provide that a portion
of the RETA equal to 0.5% will be assessed, collected and paid to the City by the Project Association,
which shall be held and used in a City account dedicated to the provision of affordable housing and
recreational trails in the City. The Parties state and affirm that the imposition and payment of a portion of
the RETA to the City is a voluntary commitment on the part of the Company and is not an obligation
imposed upon Company by the City. The City agrees to hold the RETA funds paid to the City in a City
account dedicated to the provision of affordable housing and recreational trails in the City. The Project
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Governing Documents shall establish the mechanism for collecting the RETA and the circumstances by
which the Project Association may grant exemptions from the payment of the RETA. The Project
Association shall interpret and enforce the Project Governing Documents with respect to the collection of
the RETA and the granting or withholding of an exemption from the RETA. All such proceeds will be
paid by the Association to the City within 30 days of each closing. The City agrees to use the RETA
proceeds paid by the Project Association in accordance with this agreement only for: (a) the purpose of
creating affordable employee housing for employees in the Moab region; and/or (b) the purpose of
acquiring, constructing, maintaining and/or repairing trails in the Moab region. The Project Association
agrees to provide to the City an accounting substantiating all RETA income on an annual basis. The City
agrees to provide to the Project Association an accounting substantiating the expenditures of all BETA
proceeds paid by the Project Association consistent with the uses authorized by this Agreement.
5. Workforce/Employee Housing.
5.1. Company is seeking authority to construct certain onsite workforce/employee
housing units as part of the Project ("workforce/employee housing units"). The workforce/employee
housing units are primarily intended to accommodate workers in the Project. The workforce/employee
housing units would initially be owned by Company and, thereafter, are expected to be owned and/or
managed by a company owning and operating the resort. The workforce/employee housing units would
be rented to employees in the Project on reasonable terms and conditions determined by the Company
after consultation with the City.
5.2. If Company determines that some or all of the workforce/employee housing units
are not necessary for use in the Project to serve employees of the Project, then Company agrees that each
such excess workforce/employee housing unit would be available for lease or sale to other workers in the
Moab region pursuant to contractual provisions which qualify the workforce/employee housing units as
"affordable housing," which shall be defined to mean units to be occupied by persons with a gross
household income equal to or less than eighty percent (80%) of the Area Median Income of the City of
Moab/Grand County for households of the same size. Company can determine whether the excess
workforce/employee housing units would be rented or sold.
5.3. Company agrees not to use or include the workforce/employee housing units in
the Project's short-term accommodations rental program contemplated for use in connection with the free
market units in the Project. The workforce/employee housing units will be occupied and used only by
workers of the Project or other local employees in the Moab region consistent with the terms of this
Section 5. The Project Governing Documents will establish provisions implementing this Section 5, and
the City shall be named in the Project Governing Documents as a party authorized to enforce this
provision.
5.4. Parties recognize and agree that the workforce/employee housing is located on
the Adjoining Property, the development of which is subject to the provisions of Section 7.
6. Cooperation and Implementation.
6.1. City Review of the Project Development Applications. Contemporaneously
with execution of this Agreement, the City shall have completed its review and approval of the Project
Development Applications, which have been granted on terms and conditions acceptable to Company.
Final Plats for the Project have not yet been submitted or approved and will occur in phases, which will
be submitted by Company and reviewed by the City consistent with Applicable Laws.
6.2. Statement of Intent. It is the express intent of Company and the City to
cooperate and diligently work to implement annexation, zoning, land use review processes, and such
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other processes that are necessary or appropriate under the City of Moab Code in connection with the
approval and implementation of the development of the Project in conformance with the terms and
conditions of this Agreement.
6.3. Other Governmental Permits. The City shall cooperate with Company in its
efforts to obtain such other permits and approvals as may be required by other governmental or quasi -
governmental agencies having jurisdiction over aspects of the Project in connection with the development
of or provision of services to the Project, and shall from time to time at the request of Company, attempt
with due diligence and in good faith to enter into binding agreements with any such entity necessary to
assure the availability of such permits and approvals or services.
6.4. Cooperation in the Event of Legal Challenge. In the event of any legal or
equitable act, action or other proceeding instituted by a third Party, other governmental entity or official
challenging the validity of any provision of this Agreement, the Parties hereby agree to cooperate in
defending said action or proceeding. This Agreement shall not be interpreted to create any third party
rights, and no person who is not a party to this Agreement shall have any rights or standing, whether as an
alleged third party beneficiary or otherwise, to enforce or seek interpretation of the terms of this
Agreement.
7. Status of Adjoining Property.
7.1. In the event that the Adjoining Property becomes eligible for annexation into the
City, the City shall send written notice of such occurrence to Company. Upon receipt of such notice,
Company shall execute all necessary documents and shall undertake all reasonable efforts to initiate and
complete an annexation of the Adjoining Property into the City within one year of the notice. Nothing
herein shall obligate the City to approve an annexation of the Adjoining Property into the City.
7.2. If the City fails or elects not to annex the Adjoining Property into the City within
three (3) years of the Effective Date or at such time as Company elects to record the final plat the Phase
including the Adjoining Property, unless waived or extended by the Parties, Company, with the
cooperation and assistance of the City, will use reasonable efforts to seek and obtain necessary land use
approvals and entitlements from Grand County to allow the Adjoining Property to be used and developed
consistent with the uses and activities contemplated for the Adjoining Property in the Lionsback Resort
Land Use Entitlements ("Conforming Development of the Adjoining Property").
7.3. In the event that Company secures approvals from Grand County authorizing
development of Conforming Development of the Adjoining Property, the City agrees:
7.3.1. To enter into agreements with Company by which the City will authorize
the Conforming Development of the Adjoining Property to connect to the City Water System (defined
below) and the City Sanitary Sewer System (defined below). Company will be required to pay any water
and/or sewer connection and jmpact fees charged for City connections and shall be entitled to utilize any
water and/or sewer impact fee credits that may have been extended to the Company by the City for the
Project; and
7.3.2. That it will not require the Company to undertake any additional or
further Subdivision Improvements in connection with its development of the Conforming Development of
the Adjoining Property beyond the Subdivision Improvements provided for in this Agreement and the
Development Agreement.
7.4. In the event that Company secures approvals from Grand County authorizing
development of Conforming Development of the Adjoining Property, Company agrees that it will
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develop the Adjoining Property only for the Conforming Development of the Adjoining Property and that
it will record covenants and restrictions in form and content reasonably acceptable to the City limiting
development to only the Conforming Development of the Adjoining Property, including areas and uses of
Active Open Space and Passive Open Space, as well as infrastructure improvements, consistent with the
Lionsback Resort Land Use Entitlements, which covenants will be for the benefit of the City.
7.5. In any event that the City is unable to annex the Adjoining Property into the City
and Company is not able to obtain approval by Grand County for entitlements for the Conforming
Development of the Adjoining Property within six (6) years of the Effective Date, unless waived or
extended by the Parties, Company agrees to record covenants and restrictions in form and content
reasonably acceptable to the City limiting development to only Active Open Space and Passive Open
Space, as well as infrastructure improvements, consistent with the Lionsback Resort Land Use
Entitlements, which covenants will be for the benefit of the City.
8. Drinking Water Source Protection.
8.1. General. The Parties acknowledge that portions of the Property and other lands
covered by this Agreement are situated within or adjacent to areas which are subject to drinking water
source protection zones, as established in Chapter 13.26 of the Moab Municipal Code. It is agreed that all
drinking water source protection zones shall be clearly identified and demarcated on the Final Master
Development Plan and each subsequent plat for each phase of the Project under this Agreement and that
the Company will adhere to Zone Two Drinking Water Source Protection Standards, as defined by
Chapter 13.26 of the Municipal Code, for the entirety of the Property and the Adjoining Property. All
such standards will be finalized in conjunction with the approval of the Final Master Development Plan.
A plat note shall be appended specifying that all development within such zones shall comply with Zone
Two design standards and mitigation measures as may be required by the City to comply with Chapter
13.26 and assure no degradation of existing ground water sources.
8.2. Source Protection Plan. The materials submitted with the Final Master Plan
Development Plan shall include a site specific Drinking Water Source Protection Plan for the Project
(excluding the uses and activities associated with Hells Revenge, which is not the responsibility of
Company) containing, at minimum, the following elements:
A. A compilation of all hydrologic information pertaining to the Project site,
including maps, well information, geotechnical reports, and the like;
B. A list of new Potential Contamination Sources that may be created by the
development, including any temporary sources that may be associated with construction;
C. A description of all proposed mitigation measures, including: 1)
construction housekeeping practices for all contractors; 2) specifications for sewer line construction; 3)
description of storm water best management practices to be applied to the site; 4) detailed inspection,
maintenance, and operations plans for all mitigation measures; and 5) other control measures, including
covenant declarations, etc.;
D. A sample informational brochure for homeowners explaining drinking
water source protection measures, potential contaminants, proper handling procedures, emergency contact
information, and reference sources;
E. A detailed action plan covering a potential contamination occurrence;
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F. An identification of the responsible party for the Company's drinking
water source protection program; and
G. A record keeping section with appropriate report forms for use by City
staff in monitoring compliance with the plan.
8.3. Utility Specifications. In addition to all other applicable standards and
requirements, the sewer collection system for the Project shall comply with the standards for sewer lines
within water protection areas as set forth in U.A.C. R309-515-6(4). In the case of conflicting
requirements, the more stringent requirement shall apply.
8.4. Stormwater Management. In addition to all other applicable standards and
requirements, the stormwater collection system for the Project shall incorporate applicable best
management practices that reduce or eliminate the potential for contaminant infiltration into groundwater
beneath or adjacent to the Project, as specified in the Stormwater BMP Database
(http://www.bmpdatabase.org/).
9. Miscellaneous.
9.1. Covenants. The provisions of this Agreement shall constitute covenants or
servitudes which shall touch, attach to and run with the land comprising the Property and the burdens and
benefits hereof shall bind and inure to the benefit of all estates and interests in the Property as applicable
and all successors in interest to the Parties hereto.
9.2. Term. The term of this Agreement shall commence upon the date hereof and
shall extend until all of the commitments hereunder are satisfied. Company may terminate this
Agreement, and may withdraw its applications for annexation and other development approvals as
provided in Section 9.4.4.
9.3. Amendment of Agreement. Except as otherwise provided herein, this
Agreement may be amended from time to time by mutual consent of the original Parties or their
successors in interest in writing.
9.4. Default and Remedies.
9.4.1. A Party ("Defaulting Party") shall "default" under this Agreement if it:
(a) breaches any of its material duties and obligations contained hereunder and, (b), after receiving written
notice of the breach ("Notice of Default") from the other Party (the "Notifying Party"), fails to cure the
breach within: (i) 15 days after delivery of the Notice of Default if the breach is failure to pay money
owed to the Notifying Party, or (ii) 30 days after delivery of the notice with respect to any other breach
(or, if the breach by its nature cannot be cured within 30 days, the defaulting party must commence the
cure within 30 days after delivery of the notice and thereafter diligently pursue the cure to completion).
The Notice of Default contemplated by this Section shall clearly state and describe: (a) each section(s) of
the Agreement which the Responding Party has allegedly violated, (b) a summary of the facts and
circumstances being relied upon to establish the alleged violation, (c) the specific steps ("Cure Events")
that must be undertaken to come into compliance with the Agreement, and (d) the reasonable timeframe
consistent with this Section 9.4 within which time the alleged violation should be cured ("Cure
Completion Date").
9.4.2. Following a failure to cure the default following the applicable Cure
Completion Date, the Notifying Party may: (a) initiate an action to compel compliance by the Defaulting
Party with this Agreement, including injunctive relief and specific performance; (b) initiate an action to
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recover any damages resulting from the breach; (c) pursue any and all other rights and remedies available
under Utah Law; (d) suspend the rights and interests of the Defaulting Party under this Agreement until
such time as the Defaulting Party is in compliance with this Agreement; and/or (e) take the necessary
action itself to cause the obligation(s) in default to be performed, in which case the Notifying Party may
recover from the Defaulting Party all damages as well as all costs and expenses reasonably incurred to
perform such obligation(s).
• 9.4.3. In addition to the foregoing remedies, in the event the Company has
failed to cure a Cure Event that is (a) material to the tenns and conditions of this Agreement and/or the
City's approval of Annexation Petition; and (b) the occurrence of which will unreasonably delay or
prevent Company from completing its duties and obligations under this Agreement and/or the City's
approval of Annexation Petition (which material events include, by way of illustration and not exclusion,
the filing of a bankruptcy by the Company and no accompanying plan for reorganization to complete the
Project, the occurrence of an event), the City may record documents evidencing the suspension or
termination of the Annexation of the Property and the Development Approvals and it may decline to
process or approve any development applications, withhold building permits, or discontinue services
provided under this Agreement. This City may combine remedies in its discretion, and as may fit the
applicable breach. In no event shall either party be liable to the other for remote or consequential
damages derived from breach including, without limitation, lost business opportunities or income; delay
related financing costs; damage to business reputation or goodwill; or the like.
9.4.4. In addition to the foregoing remedies, in the event the City does not
approve:a) the SAR zoning; b) the Development and Phasing Agreement or c) the Final Master Planned
Development for the Project; then Company shall have the option to terminate this Agreement and all of
the respective rights, duties and obligations of the Parties under the Agreement shall expire and in such
event the City shall have no further right to annex the Property, except as may otherwise be provided by
law. Alternatively, if annexation has been completed, and if any of the approvals described in this
Section 9.4.4 should fail to occur, then upon request of Company the City shall immediately commence
proceedings to disconnect the Property from the City.
9.4.5. The remedies shall be cumulative in nature and a Party may pursue some
or all of its remedies. In the event of any litigation arising from this Agreement, the substantially
prevailing party shall collect its reasonable costs, expenses and fees, including reasonable expert fees and
attorney's fees.
9.4.6. Personal jurisdiction and venue for any civil action commenced by any
Party to this Agreement whether arising out of or relating to this Agreement will be deemed to be proper
only if such action is commenced in District Court for Grand County, Utah.
9.4.7. Each Party expressly waives its right to bring such action in or to remove
such action to any other court whether state or federal.
9.5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Utah.
9.6. Waiver of Jury Trial. Each Party hereto waives its right to a jury trial in the
event of any litigation arising out of this Agreement.
9.7. Mediation. Any default, dispute, difference, or disagreement hereunder shall be
referred to a single Mediator agreed on by the Parties, or if no Mediator can be agreed upon, a Mediator
shall be selected in accordance with the mediation rules of the American Arbitration Association.
Authorized representatives of the Parties shall meet with the Mediator within thirty (30) days and
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endeavor in good faith to resolve the default, dispute, difference or disagreement by agreement of the
Parties.
9.8. No Joint Venture or Partnership. The City and Company hereby renounce the
existence of any form of joint venture or partnership between them and agree that nothing contained
herein or in any document executed in connection herewith shall be construed as making the City and
Company joint venturers or partners.
9.9. Notices. All notices required or permitted under this Agreement shall be given by
registered or certified mail, postage prepaid, return receipt requested, or by hand delivery or recognized
overnight delivery service, or by telecopy (so long as the original follows by regular mail or other form of
delivery permitted hereunder within five business days) directed to the persons at the address indicated
below. Any notice delivered by mail in accordance with this Section shall be deemed to have been duly
given on the date upon which the return receipt is executed by a representative of the Party to whom such
notice is to be given at the address specified herein. Any notice which is hand delivered shall be effective
upon receipt by the Party to whom it is addressed. If sent by overnight courier, all notices shall be
deemed delivered one business day after deposit with a recognized overnight courier service. Any notice
which is delivered by telecopy shall be effective upon receipt by the sending Party of written confirmation
of receipt by the receiving telecopy machine at the numbers shown above. Either Party, by notice given
as above, may change the address or telecopy numbers to which future notices should be sent.
LB Moab Land Company, LLC
100 West 200 South
Moab, Utah 84532
Phone: 970-728-5474
Fax: 970-728-6217
Email: mhbadger@aol.com
City of Moab
217 East Center Street
Moab, Utah 84532
Attention: City Manager
Phone: 435-259-5121
Fax: 435-259-4135
Email: donna@moabcity.org
With a Copy to
With a Copy to
Thomas G. Kennedy, Esquire
Christopher G. McAnany
P.O. Box 3081
Dufford, Waldeck, Milburn & Krohn, LLP
Telluride, CO 81435
744 Horizon Court, Suite 300
Phone: (970) 728-2424
Grand Junction, CO 81506
Fax: (970) 728-9439
Phone: (970) 241-5500
Email: tom@tklaw.net
Fax: (970) 243-7738
Email:mcanany@dwmk.com
And a copy to
State of Utah, acting by and through the School
and Institutional Trust Lands Administration
675 East 500 South, Suite 500
Salt Lake City, Utah 84102-2818
Attention: Assistant Director — Development
9.10. Assignment. This Agreement shall be binding upon and inure to the benefit of
the successors in interest or the legal representatives of the Parties hereto. Company shall have the right
to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to Utah
Special Districts, homeowners associations, or third Parties acquiring an interest or estate in the Property,
including but not limited to purchasers or long term ground lessees of individual lots, parcels, or of any
improvements now or hereafter located within the Property, provided that all such assignees agree to be
bound to applicable provisions of this Agreement.
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9.11. Counterparts; Facsimile. This Agreement may be executed in multiple
counterparts, each of which shall be deemed to be an original and all of which taken together shall
constitute one and the same agreement. This Agreement may be executed by facsimile.
9.12. Binding Effect. This Agreement shall extend to, be binding upon, and inure to
the benefit of the Parties hereto and the successors and assigns of the respective Parties hereto. This
Agreement shall, in addition to all other remedies, be enforceable by any action for specific performance
in a court of competent jurisdiction. In the event that SITLA should elect to terminate the SITLA Lease
and Development Agreement and resume possession of the Property, SITLA shall succeed to the rights
and interests of Company under this Agreement, including the duties and obligations imposed upon
Company hereunder and under the City Approvals.
9.13. Integration, Disclaimer of Other Duties. This Agreement supersedes and
controls all prior written and oral agreements and representations of the Parties and is the total, integrated
agreement among the Parties. The parties each disclaim any duties not expressly set forth in this
Agreement or other written agreements executed in conjunction herewith.
9.14. No Regulated Public Utility Status. The Parties agree that by this Agreement
the City does not become a regulated public utility for water service and sanitary sewer service,
compelled to serve other Parties similarly situated.
9.15. No Waiver. Failure of a Party hereto to exercise any right hereunder shall not be
deemed a waiver of any such right and shall not affect the right of such Party to exercise at some future
time said right or to enforce any other right it may have hereunder.
9.16. Force Majeure. No Party shall be held liable for a failure to perform hereunder
due to wars, strikes, acts of God, natural disasters, or other similar occurrences outside the reasonable
control of that Party. Unless otherwise mutually agreed, performance by the parties shall resume
promptly upon the cessation of any act or event constituting force majeure.
9.17. Authority. By signing this Agreement, the Parties acknowledge and represent to
one another that all procedures necessary to validly contract and execute this Agreement have been
performed and that the persons signing for each of the Parties have been duly authorized so to do.
9.18. Captions. The captions or headings in this Agreement are for convenience only
and in no way define, limit, or describe the scope or intent of any provisions or sections of this
Agreement.
9.19. No Third Party Beneficiaries. This Agreement does not create any third Party
beneficiary rights. It is specifically agreed by the Parties that: (a) the Project is a private development; (b)
the City has no interest in, responsibilities for, or duty to third Parties concerning any improvements to
the Property except to the extent the City accepts title to the improvements pursuant to this Agreement or
in connection with site plan, deed or plat approval, and as provided generally under City ordinances; (c)
Company shall have the full power and exclusive control of the Property subject to the obligations of
Company set forth in this Agreement; and (d) no other persons, whether as alleged third party
beneficiaries or otherwise, shall have any right to enforce or seek interpretation of this Agreement.
9.20. No Waiver of Governmental Immunity. To the fullest extent provided by law,
nothing in this Agreement shall be interpreted or construed to be a waiver or relinquishment by the City
of any immunities it possesses as a governmental entity pursuant to applicable state and federal law
including, without limitation, the Utah Governmental Immunity Act.
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Ent 489793 Bk 0741 Pg 0767
9.21. Severability. If any provision of this Agreement, or the application of such
provisions to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the
application of such provision to persons or circumstances other than those as to which is held invalid,
shall not be affected thereby.
9.22. Protest. In the event of any protest or similar legal or administrative challenge to
any annexation under this Agreement, Company will cooperate with the City in providing necessary
information or testimony to support annexation.
9.23. Rights Upon Annexation. Upon annexation of the Property into the City,
Company shall be entitled to all rights and benefits, and be subject to all legal obligations to the same
extent as all other City of Moab residents and property owners, except as specifically provided otherwise
by the express terms of this Agreement.
9.24. Recording of Agreement. This Pre -Annexation Agreement, including exhibits,
shall be recorded in the Grand County land records. Any exhibits that have been previously recorded need
not be recorded again. The remaining provisions of the Agreement shall be held by the Clerk of the City
of Moab.
9.25. Filing of Annexation Petition. Contemporaneous with the signing of this
Agreement, Company agrees to file with the City a Petition for Annexation for the currently
unincorporated property as shown in Exhibit "A".
9.26. Schedule of Exhibits.
Exhibit Reference
Document Reference
Exhibit "A-1"
Description of Property
Exhibit "A-2"
Description of Adjoining Property
Exhibit "B"
Lionsback Resort Preliminary Master Planned Development Plan
Exhibit "C"
Table of Subdivision Improvements
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IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and
through the City of Moab Council, which has duly authorized execution, and by a duly authorized
representative of Company, as of the Effective Date.
3 o 7cr -c&
Mayor David L Salrison Date
Rachel:'
City:I ,
: nnri
:err
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Ent 489793 Bk 0741 Pg 0769
COMPANY:
LB Moab Land Company, LLC,
a Colorado limned liability company
By:
Printed Name: V MI ati (61 LAW
Title: \ Ynej tir
STATE OF COCA( )
COUNTY Or Vl 1.1 l \) §
Date: I /4 2-7
I, tt, updersignedlnory public in and for the afo,} said state and county, do hereby certify that
:I 1 t(} hoc.) /flc )1 QY as the V I' Yo'e, of LB Moab
Land Company, LLC, personally appeared before me on LIA,OVemeatt l (-/ ,., 2008 and did, after
being duly sworn, execute the within document in the capacity stated and for the purposes contained
herein.
Witn4ss my hand and official seal.
Notary Pybli
RAAgreements\Pre Annexation lionsback final.doc
My commission expires:
ZOL
\-\\\\aNU' 0 i/.1
r10 Atek
c �,'., PUBLIC :I O c
*If itiffilittcOt
Page 22 of 28
Ent 489793 Bk 0741 Pg 0770
THE WITHIN AGREEMENT IS CONSENTED TO BY THE UNDERSIGNED:
The State of Utah, acting by and through the
School and Institutional Trust Lands Administration
Printed Name:
Title: ,l ',tes-
STATE OF
COUNTY OF
S La r F2 r -
Date: uIZJ/°8-
Approved as to Form
Mark L. Shurtleff
ATTORNjY;
By:
I, the undersigned notar public in and for the aforesaid state and county, do hereby certify that
de. Vi 6S S. (ai4-e ✓ as the ,t)t f e.c6/ of The State of
Utah, acting by and through the School and Institutional Trust Lands Administration, personally appeared
before me on Pt)oVevkbe ✓ 72D 2008 and did, after being duly sworn, execute the within
document in the capacity stated and for the purposes contained herein.
Witness my hand and official seal.
Notarx%Public
My commission expires: 6-ep-S-2-o
NOTA OLIC
ALICE KRRY KPUEARNEY
575 E„SOD S., Suito.500,
Salt Lake City, Utah 847:02
any Commisaj0n Expires
May 25; 2010
STATE OF UTAH'
D
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Ent 489793 Bk 0741 Pg 0771
Exhibit "A-1"
(Legal Description of Property)
FOLEY ASSOCIATES, INC.
CIVIL ENGINEERING AND LAND SURVEYING
P. O. BOX 1385
TELLURIDE, CO 81435
970-728-6153
Lot 1 and Lot 2, both within Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian,
County of Grand, State of Utah
and,
the Southeast Quarter of the Southwest Quarter of the Northeast Quarter (SE1/4-SW1/4-NE1/4), within
Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, County of Grand, State of
Utah
and,
the Northwest Quarter of the Southwest Quarter of the Northeast Quarter (NW 1/4 -SW 1/4-NE1/4), within
Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, County of Grand, State of
Utah +
and,
the Northeast Quarter of the Southwest Quarter of the Northeast Quarter (NE1/4-SW1/4-NE1/4), within
Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, County of Grand, State of
Utah
and,
the Southwest Quarter of the Southeast Quarter of the Northeast Quarter (SW1/4-SE1/4-NE1/4), within
Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, County of Grand, State of
Utah
and,
the Northwest Quarter of the Southeast Quarter of the Northeast Quarter (NW1/4-SE1/4-NEI/4), within
Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, County of Grand, State of
Utah
and,
the Northeast Quarter of the Southeast Quarter of the Northeast Quarter (NE1/4-5E1/4-NE1/4), within
Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, County of Grand, State of
Utah
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Exhibit "A-2"
(Legal Description of Adjoining Property)
FOLEY ASSOCIATES, INC.
CIVIL ENGINEERING AND LAND SURVEYING
P. O. BOX 1385
TELLURIDE, CO 81435
970-728-6153
The West Half of the Northeast Quarter of the Southeast Quarter (W 1/2-NE1/4-SE1/4), within Section 6,
Township 26 South, Range 22 East, Salt Lake Base and Meridian, County of Grand, State of Utah
Together with The West Half of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter
(W1/2-SE1/4-NE1/4-SEI/4), within Section 6, Township 26 South, Range 22 East, Salt Lake Base and
Meridian, County of Grand, State of Utah
R:\Agreements\Pre Annexation lionsback final.doc
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Exhibit "B"
(Lionsback Resort Preliminary Master Planned Development Plan)
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LIONSBACK
DRINKING WATER SOURCE PROTECTION PLAN
For the
Lionsback Master Planned Development Project
Sand Flats Road Moab, Utah
Revision #1
January 2010
LIONSBACK DEVELOPMENT
ii
[THIS PAGE INTENTIONALLY LEFT BLANK]
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
iii
PREFACE
Title
The official title of this document is Drinking Water Source Protection Plan for the
Lionsback Master Planned Development Project. For convenience the terms
“Lionsback Drinking Water Source Protection Plan”, “Lionsback DWSPP”, or the
“Plan” may be used when referring to this document.
Introduction
The Lionsback development project is situated in an area where surface activities
may have an effect on the underlying groundwater, referred to as the Glen Canyon
Aquifer. This aquifer yields very high quality water and is the sole source of
drinking water serving the residents of the City of Moab and outlying
unincorporated areas.
The risk of a negative impact on the aquifer from the Lionsback
development is very low. However, the City of Moab, as the land use authority and
the public drinking water provider, and the owners/ developers of the Lionsback
project have both recognized the need to mitigate risks attributable to the use and
development of the project to the best extent practicable. The Lionsback Drinking
Water Source Protection Plan is designed to identify potential risks and provide
specific mitigation measures and requirements.
Development and Approval
The Lionsback Drinking Water Source Protection Plan has been developed jointly
by the Lionsback design team and the City of Moab. The format and content are
based on the requirements of the Lionsback Pre-Annexation Agreement (2008), and
information provided by the GROUND WATER SOURCE PROTECTION USERS’
GUIDE (Utah Division of Drinking Water, 2005). The Plan has been approved and
adopted by the Moab City Council by Resolution, and the requirements of the plan
are binding on the current and future owners of all or any part of the Lionsback
development. The components of the Plan will be deemed to be included in the
Lionsback Development and Phasing Agreement and enforceable by the City in the
manner provided for in the Development Agreement. In addition, the Plan will be
referenced in the Lionsback Homeowners Association Declaration of Covenants,
Conditions and Restrictions and will be monitored and enforced by the Lionsback
HOA.
Revision History
It is anticipated that corrections and revisions to the Lionsback Drinking Water
Source Protection Plan may be required as the development progresses. All
changes to the document must be formally approved by the City of Moab and with
each approved modification; a new version shall be prepared. Each revised version
shall be identified by a number and date. (e.g. Revision #1, January 2010)
LIONSBACK DEVELOPMENT
iv
(INSERT COPY OF SIGNED RESOLUTION AFTER THIS PAGE)
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
v
TABLE OF CONTENTS
PLAN SUMMARY
HOW TO USE THIS PLAN
CHAPTER 1 - ADMINISTRATION
Section
101 Applicability
102 Designated Person
103 Submittal Requirements
104 Review and Approval Procedures
105 Maintenance & Record Keeping
106 Enforcement Provisions
CHAPTER 2 - DEFINITIONS
Section
201 General
202 Definitions
CHAPTER 3 - DRINKING WATER SOURCE PROTECTION
Section
301 General
302 Contamination Process Described
303 Potential Contamination Sources
CHAPTER 4 – MANAGEMENT PLAN FOR EXISTING POTENTIAL CONTAMINATION
SOURCES (PCS’S)
Section
401 General
402 Existing PCS’s
403 Preconstruction Management Controls
CHAPTER 5 - MANAGEMENT PLAN FOR FUTURE POTENTIAL CONTAMINATION
SOURCES (PCS’S)
Section
501 General
502 Temporary PCS’s
503 Future PCS’s
504 Construction Controls and Long Term Measures
LIONSBACK DEVELOPMENT
vi
CHAPTER 6 – INFRASTRUCTURE CONSTRUCTION REQUIREMENTS
Section
601 General
602 Developer Responsibilities
603 Contractor Responsibilities
604 Submittals
605 Sign-off Procedure
606 Potential Contamination Sources Identified
607 Required Mitigation Measures
608 Record Keeping
609 Contingency Plan
CHAPTER 7 – BUILDING CONSTRUCTION REQUIREMENTS
Section
701 General
702 Developer Responsibilities
703 Contractor Responsibilities
704 Submittals
705 Sign-off Procedure
706 Potential Contamination Sources Identified
707 Required Mitigation Measures
708 Record Keeping
709 Contingency Plan
CHAPTER 8 – PROPERTY OWNERS’ REQUIREMENTS
Section
801 General
802 Developer Responsibilities
803 Property Owner (Individual) Responsibilities
804 Property Owners Association Responsibilities
805 Submittals
806 Potential Contamination Sources
807 Required Mitigation Measures
808 Record Keeping
809 Contingency Plan
CHAPTER 9 - PLAN UPDATES
Section
901 General
902 Periodic Revision
903 As-Needed Revision
LIST OF TABLES
Table 303.1: Inventory of Existing PCS’s for Lionsback Development
Table 303.2: Inventory of Future PCS’s for Lionsback Development
Table 805.1: Submittals Required by Chapter 8
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
vii
LIST OF APPENDICES
Appendix A: Lionsback Pre-Annexation Agreement – Section 8.0 Drinking Water
Source Protection
Appendix B: City of Moab - Drinking Water Source Protection Zone Map for Skakel
Spring
Appendix C: Lionsback Resort Preliminary Site Plan
Appendix D: EPA National Primary & Secondary Drinking Water Standards
Appendix E: List of the Most Common Potential Contamination Sources
Appendix F: Phase 1 Environmental Site Assessment (portions)
Appendix G: Lionsback Resort Preliminary Drainage Plan (portion)
Appendix H: Preliminary Geologic and Geotechnical Site Assessment –
Buckhorn/Geotech (portions)
Appendix I: Well Information for Water Well #UT10053476
LIONSBACK DEVELOPMENT
viii
PLAN SUMMARY
The Lionsback Master Planned Development project, (referred to as the “Lionsback
Development”, the “Development”, or the “project”) is situated in an area where surface
activities could potentially have an effect on the public drinking water supply for the
City of Moab. The proposed development will involve some temporary and permanent
activities and land uses that are considered to be a Potential Contamination Source
(PCS). After careful study, the City determined that the threat of contamination from
the proposed development is very low; however the City of Moab and the Developer
have agreed that protective measures should be implemented in connection with the
build-out of the Development to further minimize threats to the aquifer.
This document, Lionsback Drinking Water Source Protection Plan, (referred to as the
“Lionsback DWSPP” or the “Plan”), has been developed for the primary purpose of
identifying all possible potential contamination sources associated with the
Development and establishing appropriate mitigation measures. The Lionsback DWSPP
is specific to the development site and the associated improvements. The plan is
supplemental to all other general drinking water source protection requirements that
exist in City, County, State, and Federal regulations. Conformance with the Lionsback
DWSPP is required for all activities and uses that occur on the project site, and are
associated with the Development.
The Plan provides an explanation of how contamination of the aquifer could potentially
occur, and the term potential contamination source (PCS) is defined and the concept
explained. This background information should enable all plan users to gain a basic
understanding of the groundwater protection issues associated with the project site.
The plan contains an inventory of all existing and future PCS’s anticipated for the
Lionsback project and indentifies the specific mitigation measures that will be
employed to minimize the small risk presented by the development. The primary
responsibility for implementation, monitoring and maintenance of mitigation measures
will initially be that of the Developer and the responsibility will be transferred to the
Homeowners Association as the project is built out.
Chapters specific to the Infrastructure Construction phase and the Building Construction
phase have been included that cover these activities in detail. Each chapter outlines the
possible contamination sources anticipated and describes the specific mitigation
measures that will be implemented. For each type of construction; individual roles and
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
ix
responsibilities are specified and enforcement authorities and procedures are
established.
In Chapter 8, the plan addresses the long term management and control of the ongoing
potential contamination sources associated with the development. The planned
management strategy includes measures such as design controls, special requirements,
construction protocols, prohibited practices, maintenance requirements, and education.
Procedures for periodic evaluation and updates to the overall plan have been included to
ensure that the mitigation measures continue to be effective in their implementation and
maintenance.
LIONSBACK DEVELOPMENT
x
How to Use This Plan
It is important that all parties who are required to comply with this plan understand their
roles and responsibilities in the implementation of the overall mitigation plan. The plan
has been broken down into Chapters and Sections to assist all plan users in quickly
locating the information necessary for them to perform their roles. Some provisions of
the plan apply only to specific parties, or persons engaged in specific activities. The
following paragraphs should prove helpful in determining your role.
If you are a representative of the project Developer:
You should become familiar with the entire plan as you play a key role in the
monitoring and enforcement of many elements of the plan, especially if you have been
assigned the role of Designated Person.
If you are a contractor performing infrastructure improvements (grading, roads,
utilities) work on the project:
You should read through Chapters 1 – 5, which provide information applicable to
everyone, and you should become very familiar with Chapter 6, which outlines your
specific responsibilities and provides detailed information on submittals, procedures,
specific requirements, and record keeping.
If you are a contractor performing building construction work or site
improvements on an individual lot within the Development:
You should read through Chapters 1 – 5, which provide information applicable to
everyone, and you should become very familiar with Chapter 7, which outlines your
specific responsibilities and provides detailed information on submittals, procedures,
specific requirements, and record keeping.
If you are the owner of an individual lot or unit within the development:
You should read through Chapters 1 – 5, which provide information applicable to
everyone, and you should become very familiar with Chapter 8, which covers
mitigation measures that will apply to you.
If you are a representative of the Homeowners Association:
You should become familiar with the entire plan as you play a key role in the
monitoring and enforcement of many elements of the plan. Chapter 8 covers the HOA’s
specific roles and responsibilities.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
xi
If you are a concerned citizen not directly involved in the Development in some
manner:
Chapters 1 - 5 provide a good overview of the overall mitigation plan for the
Development. If you are interested in detailed requirements of the plan that apply to
specific activities, refer to Chapters 6 – 8
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
1-1
CHAPTER 1
ADMINISTRATION
Section 101
Applicability
The provisions of this plan shall apply to all property owners and all activities
associated with the Lionsback Development occurring on the project site. The plan
applies to both permanent uses, such as the use and occupancy of a dwelling unit; and
temporary uses such as construction activities and special events. Covered activities
include but are not limited to the following: construction activities such as site grading,
underground utility work, road construction, and building construction; landscaping,
activities associated with residential uses such as painting, yard maintenance, car
washing, and similar activities.
Section 102
Designated Person
Upon approval and adoption of this plan, by action of the City Council, the Developer
shall designate a responsible party for the purposes of implementation and conformance
with this plan (referred to as: the “Designated Person”). The Developer’s Designated
Person must be someone who has the authority to direct activities on the site and must
be able to be contacted within a reasonable amount of time. The assignment of the
Designated Person shall be in writing submitted in accordance with Section 103. The
designees may be changed over the course of the project; however any change will not
be effective until the City receives a letter from the Developer requesting a change of
designees.
Section 103
Submittal Requirements
103.1 Initial Submittals – Within 60 days following Council’s approval of this plan,
the Developer shall submit to the City Public Works Director (with copies to the City
Planning and Engineering Departments) a letter designating one person as Designated
Person and one person as an alternate contact.
103.2 Additional Submittals – Further submittals providing specific information for
particular activities will also be required. Information regarding the content, timing, and
procedure for additional submittals can be found in the corresponding section of
Chapters 6, 7, or 8 as applicable.
Section 104
Review and Approval Procedures
LIONSBACK DEVELOPMENT
1-2
Procedures for the review and approval of required submittals are detailed in the
corresponding sections of Chapters 6, 7, & 8.
Section 105
Maintenance & Record Keeping
All required mitigation measures and practices implemented on site shall be maintained
or replaced as necessary to ensure that they function as intended. All mitigation
measures shall be inspected on a regular periodic basis by the Designated Person. The
appropriate length of time between inspections will vary depending on the actual
measure and the nature of the hazard that is being mitigated, but in no case shall the
time period between inspections exceed 30 days. For every round of inspections an
inspection report shall be completed by the Designated Person on a standardized form.
Copies of all inspection reports shall be retained by the Designated Person and made
available to City or Building Department staff upon request. Records will be available
for a period of 30 days following the termination of the particular mitigation measure or
90 days following the date of the inspection; whichever comes first.
Section 106
Enforcement Provisions
106.1 Enforcement Entities - All requirements of this Plan are enforceable by the City
of Moab, the Building Official, the Developer, and/or the Lionsback Homeowners
Association as applicable.
106.2 Stop Work Order - In the case of the City and the Building Department,
compliance with the requirements of this plan may be enforced by the issuance of a
Stop Work Order. If a Stop Work Order is issued, the Designated Person shall be
notified in writing and a brief description of the violation will be provided. When the
violation has been corrected to the satisfaction of the enforcing authority, the Stop Work
Order shall be withdrawn and the work may proceed.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
2-1
CHAPTER 2
DEFINITIONS
Section 201
General
For the purposes of interpreting and enforcing this Plan, the follow words or phrases
shall have the meaning ascribed to them in this Chapter
Section 202
Definitions
Building construction: All construction activities associated with the construction of a
building or other structure. Building construction includes only that site work
(earthwork, utilities, surface improvements, etc.) directly associated with the building or
structure. Building construction does not include site work intended to serve multiple
buildings, or the entire development.
Building Official: The officer or other designated authority charged with the
administration and enforcement of the building code, or a duly authorized
representative.
Contaminant: An undesirable substance not normally present, or an unusually high
concentration of a naturally occurring substance, in water or soil.
Contamination: The degradation of natural water quality as a result of man’s
activities.
Designated Person: The person appointed by the Developer, the Contractor, and/or the
Homeowners Association to be the primary contact for all groundwater protection
issues and who is responsible for the conformance with the provisions of this plan.
Developer: The Lionsback Development Company, LLC, their successors and assigns.
DWSP program: The program to protect drinking water source protection zones and
management areas from contaminants that may have an adverse effect on the health of
persons.
DWSP Zone: The surface and subsurface area surrounding a groundwater source of
drinking water supplying a Public Water System, through which contaminants are
reasonably likely to move toward and reach such groundwater source.
Homeowners Association or HOA: The duly created Lionsback Homeowners
Association. (see also Property Owners Association)
LIONSBACK DEVELOPMENT
2-2
Infrastructure construction: All construction activities associated with improvements
that serve the project as a whole and not just an individual building. Includes grading,
utility work, road construction, irrigation systems, and similar.
Lionsback DWSPP or Plan: This document.
Management Controls: Any action, other than structural mitigation measures,
intended to mitigate the hazards associated with a potential contamination source.
(Examples: educational brochures, contingency plan, policy prohibiting the use of
herbicides or pesticides)
Potential contamination source (PCS): Any facility or activity that may potentially
contaminate ground water.
Project Site: All land area included in the boundaries of the Lionsback Development.
Property Owner: Any record owner of real property located within the Lionsback
development.
Property Owners Association: (see Homeowners Association)
Source protection area: see DWSP Zone
Structural Mitigation Measure: Physical mitigation measures such as fencing,
containment areas, or similar. Term used to differentiate from non-physical mitigation
measures such as education.
Wellhead: The physical structure, facility, or device at the land surface from or through
which groundwater flows or is pumped from subsurface, water-bearing formations.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
3-1
CHAPTER 3
DRINKING WATER SOURCE PROTECTION
Section 301
General
Public drinking water systems obtain the water that they provide to users from springs,
wells, reservoirs, and/or rivers referred to as sources. State and federal regulations
require that public drinking water systems protect their drinking water sources from
degradation to the quality of the water it produces. The appropriate protective measures
vary widely depending on whether the source is surface water or ground water, the
location of the source, and many others. Protective measures come in many different
forms and can be non-structural (such as land use ordinances, public education, etc.) or
structural (such as fencing around wells & springs, enhanced requirements for sewer
pipelines, containment areas for hazardous materials, etc.) In all cases the goal is to
eliminate or minimize the risk of contamination of the source.
Section 302
Contamination Process Described
302.1 Hydrogeologic Setting - The Glen Canyon Aquifer is considered to be an
unprotected aquifer. This means that no impervious layer (thick layer of clay, shale, or
unfractured bedrock) is present between the ground surface and the ground water level
that would prohibit surface water from percolating down to the aquifer. In addition, the
rock formations that make up the aquifer (primarily the Navajo sandstone) are known to
be highly fractured. Fractures (cracks or joints in the rock) can provide an easy route for
water to flow through the bedrock. Therefore, the Glen Canyon Aquifer is described as
an unprotected, fractured bedrock aquifer. This means that any liquid or dissolvable
material present on the ground surface could flow downward to the aquifer with little or
no filtering. Due to this “hydrogeologic setting”, the City has designated most of the
land surface above the aquifer as a Drinking Water Source Protection Zone.
302.2 Ingredients Required for Contamination – There are four ingredients required
for contamination of the aquifer to occur. There must be: 1) A contaminant, a substance
that is hazardous to human health if present in drinking water. A list of the 87 drinking
water contaminants currently identified by the EPA is provided in Appendix D.; 2) a
sufficient quantity of the contaminant to cause elevated concentrations in the aquifer.
(The amount that constitutes a significantly quantity varies greatly depending on the
nature of the contaminant); 3) a release of the contaminant onto the ground surface or
subsurface. Releases can be intentional (in the case of application of insecticides,
herbicides, fertilizers, etc) or unintentional (in the case of leaking storage tanks, leaking
sewers, spilled materials, etc.); and 4) a method of transport for the contaminant to be
carried down to the saturated part of the aquifer (typically infiltrating rainwater,
LIONSBACK DEVELOPMENT
3-2
snowmelt, or the contaminant itself if it is a large amount of liquid). This “ingredient
list” is somewhat of an oversimplification, however these four ingredients are found in
95%+ of all contamination occurrences; and the concept is very useful in understanding
and identifying potential contamination sources.
Section 303
Potential Contamination Sources
303.1 Definition – The State of Utah Division of Drinking Water defines a potential
contamination source as:
“…any facility or site that employs an activity or procedure that may potentially
contaminate ground water; and a hazardous substance is usually associated
with the procedures employed at the facility.”
In other words a potential contamination source will have some or all of the ingredients
described in the previous paragraph, usually Ingredients 1 and 2. Two examples of
PCS’s are provided below.
Example 1: Dry Cleaners. The process used to dry clean fabrics requires the use
of many chemical compounds. Many of by-products of these chemicals are
drinking water contaminants. In addition, a busy dry cleaner will require the
storage of sufficient quantities of these hazardous substances to cause concern.
(Ingredients 1 & 2) If the chemicals are stored, used, and disposed of properly,
contamination should not occur. However, if the chemicals are improperly
stored, improperly disposed, or are otherwise mishandled, ingredients 3 and 4
can develop and a contamination hazard now exists. Therefore the facility, the
dry cleaning business, is considered a PCS due to the hazardous substances
associated with it.
Example 2: Active or Abandoned Wells. Wells, especially water wells, provide
a direct conduit to the groundwater aquifer (Ingredient #4). Well equipment
such as submersible pumps may contain potential contaminants such as lead or
mercury that under sealed within the pump housing. (Ingredient #1) A corroding
well pump can cause these materials to be release. Wells that are constructed,
operated, maintained and secured properly present minimal risk. Wells that were
improperly constructed and/or have not been properly maintained can result in
the development of Ingredients 2 and 3. In addition wells provide such a direct
conduit to the aquifer that they warrant special attention. There are many
instances where a contaminant plume has been traced to an abandoned well.
Therefore wells are considered a PCS because of the direct access to the aquifer
that they provide.
303.2 Managing PCS’s - Any PCS located within a drinking water source area should
be managed and controlled to reduce or eliminate the hazard. In order to manage the
PCS, its location and properties must be known. All public drinking water systems
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
3-3
within Utah are required to maintain an inventory of all PCS’s that are located within
the protection zone.
303.3 The Lionsback PCS Inventory - The State of Utah Division of Drinking Water
(DDW) has compiled a list of 59 PCS’s that public drinking water systems should
monitor. This list is attached as Appendix E. On the basis of the DDW list, together
with the Phase I Environmental Assessment report, a site specific inventory of existing
and future PCS’s was compiled as shown in Tables 303.1 and 303.2 shown below and
on the next page.
TABLE 303.1: Inventory of Existing PCS’s for Lionsback Development
Name of PCS PCS No. in DDW
Guidance
Identified Hazards
Roadways – Sand Flats
Rd. and Hells Revenge
Rd.
#39 Hydrocarbons from leaking
fluids, de-icing salts &
chemicals, transport of
hazardous materials
Water well #1 Possible corroded
submersible pump, direct
conduit to groundwater
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TABLE 303.2: Inventory of Future PCS’s for Lionsback Development
Name of possible PCS PCS No. in DDW
Guidance
Identified Hazards
Roadways – Sand Flats
Rd. and Hells Revenge
Rd. and internal roads &
parking lots serving
development
#39 Hydrocarbons from
leaking fluids, de-icing
salts & chemicals,
transport of hazardous
materials
Water well #1 Possible submersible
pump, direct conduit to
groundwater
Sewer system serving
project including mains,
service connections,
manholes, and pumping
stations
#43 Domestic wastewater
Residential pesticide,
herbicide, and fertilizer
storage and use.
#37 Pesticides, herbicides,
and fertilizers, and/or
their by-products.
Car wash area planned
for Phase 4.
#6 Accumulated
concentrations of
hydrocarbons, salts,
concentrated cleaning
products and similar
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
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CHAPTER 4
MANAGEMENT PLAN FOR
EXISTING POTENTIAL CONTAMINATION SOURCES (PCS’S)
Section 401
General
This chapter covers the interim period from adoption date of the plan to the start of
construction activities. The chapter includes only the management of PCS’s that
currently exist on the site. The management plan for future PCS’s associated with the
development activities is covered in Chapters 5 – 8.
Section 402
Existing PCS’s
Two PCS’s currently exist on the project site (See Table 303.1). They are:
1. The existing water well located near the existing building the in north-central
portion of the site, and
2. The existing public roads traversing the site (Sand Flats Road and Hells
Revenge Road).
Section 403
Preconstruction Controls
403.1 Existing Water Well - The well is of fairly recent construction (2001) and likely
was cased and sealed in accordance with current requirements. The well will be
inspected to verify that the annular space was sealed with grout, and that the wellhead is
fitted with a locking cover. If these measures are not in place and cannot be safely
retrofitted, the well will be abandoned in accordance with state regulations. If the grout
seal and locking cover are in place, the area located within a 100-ft radius of the well
will be kept clear of any parked vehicles, construction materials and waste materials of
any type. With the described measures in place, the well, as a PCS, is considered
adequately controlled. To ensure that the well continues to be adequately controlled, the
Designated Person will inspect the existing well on a quarterly basis to make sure that
the well pump is in operational condition and that the wellhead remains secured.
Repairs will be made as necessary to maintain a secure wellhead.
403.2 Existing Public Roads – Sand Flats Road and Hells Revenge Road have been
designated by Grand County as a Class B, and Class D county road respectively. As
designated public roads there is a public right-of-way associated with each. The
Lionsback Development exercises no control over the management of the roads and the
roads have not been addressed in this plan. The Developer/Owner has installed a right-
LIONSBACK DEVELOPMENT
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of-way fence along each side of Hells Revenge road to eliminate the off road travel that
used to occur.
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DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
5-1
CHAPTER 5
MANAGEMENT PLAN FOR
FUTURE POTENTIAL CONTAMINATION SOURCES (PCS’s)
Section 501
General
This chapter outlines the management plan for the control of all PCS’s associated with
the development in general terms. Specific mitigation controls for each identified PCS
will be covered in more detail in Chapters 7, 8, and 9.
Section 502
Temporary PCS’s
Construction activities, both infrastructure and building construction, typically involve
the use of some potential groundwater contaminants such as fuels, lubricants, adhesives,
and finishes. The Division of Drinking Water does not include construction activities on
their PCS list because the quantities of the contaminants are usually small and the
duration of the activity is relatively short. However, given the relatively large scale of
the Lionsback project and the anticipated duration of construction activities, the
cumulative effects could occur. Therefore mitigation measures will be implemented for
all construction activity. Detailed descriptions of the planned mitigation are found in
Chapters 6 & 7.
Section 503
Future PCS’s
Three new PCS’s have been identified for the planned Lionsback development.
Together with the two existing PCS’s that will remain, there will be five future PCS’s.
These five PCS’s are listed in Chapter 3, Table 303.2, and have been repeated below for
convenience.
1. Roads – Sand Flats Rd. and Hells Revenge Rd. and all internal roads & parking
lots serving development
2. Water well
3. Sewer system
4. Use of residential pesticides, herbicides and fertilizers
5. Centralized car wash area
Section 504
Construction Controls and Long Term Measures
It is the objective of the Developer to minimize or eliminate all hazards to the quality of
the groundwater. Several controls for the protection of the groundwater have been built
LIONSBACK DEVELOPMENT
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into the actual design of the project. These built-in controls include the following:
Built-in Controls
• An overall site layout that accomplishes the desired density with minimal
disturbance of the existing site,
• Extension of the city sewer system to the project as opposed to using on-site
wastewater systems such as septic systems,
• A design that preserves all of the existing natural drainages on the site and
eliminates the need for stormwater detention or retention areas where
contaminants could accumulate, and
• Development of a site landscape design and landscaping standards that promote
the use of disease resistant, low water plants and severely restrict lawns to
minimize the need to use herbicides, pesticides, and fertilizers.
These and other similar features of the proposed development will minimize or
eliminate some of the potential contamination sources that would usually be associated
with more conventional developments.
All potential contamination sources cannot be eliminated by design alone. The site and
proposed development plan have been carefully evaluated to identify all potential
contamination sources. This inventory process is described in more detail in Chapter 3.
Each potential contamination sources identified will be mitigated through the use of
management controls. A listing of the major management controls that will be
implemented is provided below. Further detail on the implementation of the
management controls can be found in Chapters 6, 7, and 8.
Management Controls
• Road salt or other de-icing chemicals will not be used on the development’s
private roads.
• Information intended to educate and raise awareness of the groundwater issue
will be distributed to future home owners on a regular basis.
• The Homeowners Association will sponsor periodic household hazardous waste
collection events to prevent the accumulation of unwanted pesticides,
herbicides, stains & varnishes, heavy duty cleaners, and similar.
It has been determined that the risk of groundwater contamination due to the activities
and uses associated with the development is very low. However, the Owner and
subsequently the Homeowners Association will treat any and all potential
contamination sources as if they were a major threat.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
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CHAPTER 6
INFRASTRUCTURE CONSTRUCTION REQUIREMENTS
Section 601
General
This chapter covers the specific contamination hazards and mitigation controls for
infrastructure construction only. Any and all contractors involved in infrastructure
construction should also read Chapters 1 – 3 in detail.
Section 602
Developer’s Responsibilities
The Developer will be responsible for ensuring compliance with the provisions of this
plan throughout the development process. All contractors bidding on the infrastructure
work will be alerted to the sensitive nature of the site and requirements of this plan. The
Developer is responsible for ensuring that the Contractor has submitted all required
materials and received all necessary sign-offs prior to any work being performed on the
project site.
Section 603
Contractor’s Responsibilities
The Contractor shall be responsible for reading and understanding this plan and
maintaining a copy of the plan on the job site at all times. The Contractor shall assign
one Designated Person who will be the primary contact for the City and the Building
Department. The Contractor’s Designated Person will be responsible to see that all
required submittals, sign-offs, site controls, and other measures required by this plan are
completed, approved, and maintained in proper condition as applicable.
Section 604
Submittals
The following submittals shall be required of all Contractors performing any type of
infrastructure work on the project. The submittal sign-off procedure is described in the
Section 605.
1. DWSP Site Plan
• This shall be a simple plan showing the designated location of vehicle
and equipment parking areas; material staging areas; storage area for
fuel, lubricants, and all other fluids; trash dumpsters, and toilet facilities.
(The plan should be as simple as possible, while still showing all
required information.)
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2. Sewer Pipe and Manhole Information
• Provide information on the source and exact type of pipe material to be
used for all sewer lines.
• Provide shop drawings of all sewer manholes to be used.
• Provide shop drawings for all sewer pumping stations.
• Provide a construction schedule for the installation of all water and
sewer mains associated with the project. (The schedules should include
both an overall timeline and a more specific description of the work to be
completed in the next three weeks. An updated schedule shall be
submitted as necessary).
3. Spill Action Plan
• A spill action plan may be required depending on the Contractor’s
specific work activities and materials. If an action plan is required, it
shall include pertinent contact information, MSDS sheets for material of
concern, and a brief narrative of spill protocol. A simple plan template
will be provided by the City Engineer.
Section 605
Sign-off Procedures
605.1 Developer’s Review - Prior to the start of any construction activities, the
Contractor shall provide all submittals to the Developer. Developer will perform an
initial review of the submitted materials to ensure that the submittal package is
complete and appears to be in conformance with this plan. The purpose of this initial
review is to make the City review as efficient as possible.
605.2 City Review – Upon completion of the Developer’s review, the package is to be
submitted to the City Engineer. The City Engineer will not accept the submittal package
until it has been reviewed and approved by the Developer. The City Engineer will
review and take action on the submittal within a reasonable time period. Upon approval,
a copy of the submittal package bearing a stamp of approval will be returned to the
Developer and the Contractor, after which the Contractor may proceed with
construction activities, provided that all other necessary approvals such as grading
permits, building permits, and similar have been obtained. In the event that the City
Engineer determines that all materials are not in compliance, those portions that are in
compliance will be approved. The non-compliant submittals will be returned with
written direction provided.
Section 606
Potential Contamination Sources Identified
There are two PCS’s associated with infrastructure construction that have been
identified:
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
6-3
606.1 Sewer system – The project sewer system is considered a PCS because leaks in
the system could eventually lead to contamination. The sewer system is not a risk until
it is put into service, however proper materials, careful installation, and thorough testing
are the best defense against future leaks. Therefore the sewer system is addressed in this
chapter.
606.2 Fuels, lubricants, and other contaminants typically associated with
construction - Construction activities, both infrastructure and building construction,
typically involve the use of materials such as fuels, lubricants, cleaning products, which
can produce contaminant by-products. The Division of Drinking Water does not
identify construction activities as a significant PCS because the quantities of the
contaminants are usually small and the duration of the activity is relatively short.
However, given the relatively large scale of the Lionsback project and the anticipated
duration of construction activities, the cumulative effects could be significant.
Section 607
Required Mitigation Measures
The following mitigation measures are required:
607.1 Mitigation for Sewer System – All portions of the sewer system shall be
constructed in conformance with the State of Utah, Department of Environmental
Quality rules for sewer lines installed in drinking water source protection areas. The
rules current at the date of this plan are provided below. In the event that the State rules
are amended, whatever rules are current at the start of project construction shall be
followed.
a) Sewer lines both mains and service connections shall be ductile iron pipe with
mechanical joints or fusion welded high density polyethylene plastic pipe
(solvent welded joints shall not be accepted);
b) Lateral to main connection shall be accomplished with shop fabricated full
body wye fittings;
c) The sewer pipe to manhole connections shall made using a shop-fabricated
sewer pipe seal-ring cast into the manhole base (a mechanical joint shall be
installed within 12 inches of the manhole base on each line entering the
manhole, regardless of the pipe material);
d) Sewer pipe shall be laid with no greater than 2 percent deflection at any joint;
e) Trench backfill shall be compacted to not less than 95 percent of maximum
laboratory density as determined in accordance with ASTM Standard D-690;
f) Sewer manholes shall meet the following requirements:
(i) The manhole base and walls, up to a point at least 12 inches above the top of
the upper most sewer pipe entering the manhole, shall be shop-fabricated in a
single concrete pour.
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(ii) The manholes shall be constructed of reinforced concrete.
(iii) All sewer lines and manholes shall be air pressure tested after installation.
g) Structures used in sewer lift stations shall be limited to manhole type
structures that comply with the above provisions.
Exception: The provisions of paragraph 607.1 are not intended to prevent the use of
materials or methods that are superior to those stipulated with respect to leak
prevention. An alternative material or method may be approved by the City Public
Works Director at his discretion provided that sufficient evidence documenting the
superior performance of the proposed material or method is provided, and the City
Engineer concurs.
607.2 Mitigation for fuels, lubricants, and other contaminants associated with
construction – Methods of work and jobsite conditions shall comply with the following
provisions:
a) Fuel, lubricants, and other contaminants should be stored and handled offsite if
reasonably practicable.
b) If contaminants are stored on site, they must be located within a designated
containment area. The containment area should be located on fairly level
ground, lined with heavy duty plastic sheeting covered with sand, and
surrounded by a berm at least 12” high.
c) The volume of hazardous fluids stored on site shall never exceed 500 gallons
aggregate total.
d) All contaminants must be stored in durable water-tight containers when not
being used.
e) When a container is emptied it must be removed from the site within 24 hours.
Empty containers shall be disposed of in accordance with all applicable
regulations.
Section 608
Record Keeping
All structural mitigation measures must be maintained in good condition at all times.
Contractor shall comply with all record keeping provisions specified in Chapter 1.
Section 609
Contingency Plan
If a spill action plan is required (See Section 604), the Contractor shall provide a copy
to all personnel working on site. The contingency plan should be clearly explained to all
personnel and a copy of the contingency plan must be posted near the containment area.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
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CHAPTER 7
BUILDING CONSTRUCTION REQUIREMENTS
Section 701
General
This chapter covers the specific contamination issues and mitigation controls for
building construction only. Any and all contractors involved in building construction
should also read Chapters 1 – 3 in detail.
Section 702
Design Review Committee Responsibilities
The Design Review Committee is an entity that will be created by the Owner and/or
HOA for the purpose of enforcing design guidelines for all buildings on the project.
Since this committee performs a complete review of building plans, it is logical that the
committee play a role in ensuring conformance to this plan. The Design Review
Committee will be will be responsible for ensuring compliance with the provisions of
this plan for all building activities conducted on the project site. The committee shall
provide all builders a copy of this plan and explain the applicable sections.
Section 703
Contractor Responsibilities
The General Contractor shall be responsible for reading and understanding this plan and
maintaining a copy of the plan on the job site at all times. The General Contractor shall
assign one staff member as the Designated Person who will be the primary contact for
the City, the Building Department, and the Homeowners Association if applicable. The
General Contractor shall be responsible for compliance with all specific requirements of
this chapter, and all other applicable provisions of this plant, by all personnel including
Sub-Contractors.
Section 704
Submittals
Prior to the start of any building activity on any lot or parcel the following submittals
shall be required of all Contractors performing any type of building work or site work
directly associated with a particular building. The sign-off procedure shall be as
described in this Chapter.
1. Site Housekeeping
a) A housekeeping site plan showing the designated location of vehicle and
equipment parking areas; material staging areas; storage area for all job
LIONSBACK DEVELOPMENT
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site fluids such as paints, stains, cleaning products, solvents, and similar;
trash dumpsters, and temporary toilet facilities.
2. Building Sewer
a) Information on the source and exact type of pipe material to be used for
all exterior sewer lines.
b) Plan drawing showing the location and depth of the sewer service stub to
the property, the proposed alignment of the building sewer, the location
of all planned cleanouts, and the general alignment of all other
underground utilities.
c) Detail drawing showing how the proposed connection of the building
sewer to the stubbed service line.
d) Approximate timeline for the installation of the building sewer and
connection to the sewer main.
e) Name and license information for Subcontractor who will be performing
the site utility work.
Section 705
Sign-off Procedures
The review and approval procedure for the required submittals is a two step process
outlined as follows:
705.1 Initial Review - The Contractor shall provide all required submittals to the
Lionsback Design Review Committee. The committee shall perform an initial review of
the submitted materials to ensure that the submittal package is complete and appears to
be in conformance with this plan. The committee shall return the package to the
Contractor with a brief letter stating that the package was found to be compliant, or if
not compliant, a list of items that need to be added or changed.
705.2 City Review – Upon completion of the initial review by the Committee, the
Contractor shall make any changes or add additional materials as necessary in response
to the Committee’s comments. The Contractor shall then provide a copy of the
submittal package to the City of Moab Public Works Director. The City will not accept
the submittal package until it has received initial review per paragraph 705.1. The
Public Works Director or his authorized staff will review the submittals for
conformance with this plan, and accepted design practices. The Public Works Director
may, at his discretion, require modifications to the design based on the specific facts
and circumstances. Upon approval, a copy of the submittal package bearing a stamp of
approval will be returned to the Contractor. A building permit will not be issued until
the Public Works Director has reviewed and approved the submittal package.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
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Section 706
Potential Contamination Sources Identified
The building sewer connection is the only PCS associated with building construction
that has been identified. Most contaminant containing products that were used in the
past on residential construction sites have been phased out and replaced with safer
products. Studies have confirmed that residential construction and demolition waste can
be considered inert, which is why such waste is still permitted to be disposed of in
unlined landfills.
706.1 Building Sewer Connection – Service connection sewer lines are more likely to
develop leaks than sewer mains. Leaks are often the result of poor installation and
backfilling practices; the use of improper materials; interference from trees,
foundations, and other buried utilities; and similar causes. A leak may not develop until
months or even years after the installation, but the cause of the leak usually originates
from the installation. Proper materials, careful installation, and thorough testing are the
best defense against future leaks.
Section 707
Required Mitigation Measures
The following mitigation measures are required:
707.1 Mitigation for Sewer System – All building sewer lines within the project shall
be constructed in conformance with the following provisions:
a) Pipe material shall be ductile iron pipe with mechanical joints or fusion
welded high-density polyethylene plastic pipe (solvent welded joints shall not
be accepted).
b) Pipe shall be carefully bedded using small competent material with a
maximum particle diameter of ¾”.
c) Sewer pipe shall be laid with no greater than two percent deflection at any
joint.
d) Pipe trenches must be inspected and approved by the Building Official or
Public Works Director prior to the placement of any backfill.
e) Trench backfill shall be compacted to not less than 95 percent of maximum
laboratory density as determined in accordance with ASTM Standard D-690;
f) Provisions shall be made so that the building sewer, (with the exception of the
final joint(s), can be pressure tested after the pipe is backfilled..
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Section 708
Record Keeping
Contractor shall retain copies of all reports for compaction testing of sewer trench
backfill and pressure testing of building sewer line.
Section 709
Contingency Plan
Not required.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
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CHAPTER 8
PROPERTY OWNERS’ REQUIREMENTS
Section 801
General
This chapter covers the specific contamination issues and corresponding mitigation
controls associated with the long term uses planned for the development; specifically
single and multi-family residences and typical resort type activities. This chapter is
applicable to the Developer, individual property owners, Homeowners Association,
resort staff, and guests.
Section 802
Developer Responsibilities
The Developer is assigned the following responsibilities by this plan:
1. The assignment of an individual to act as Designated Person for all matters
pertaining to groundwater contamination; (see also Section 103)
2. The compliance of all unplatted future phases, platted but unsold lots, and all
common parcels that have not yet been officially accepted by the Lionsback
Homeowners Association;
3. All responsibilities assigned to the Homeowners’ Association, until such time as
the association becomes an effective body politic, has held at least one annual
meeting, and has assigned a Designated Person as defined herein;
4. The periodic evaluation and update of this plan as outlined in Chapter 9;
5. The reporting, to the City Public Works Department, of any situation, intentional
or otherwise, that has the potential to cause groundwater contamination; and
6. All submittals specified in Section 805.
Section 803
Homeowners Association Responsibilities
The HOA is assigned the following responsibilities by this plan:
1. The assignment of an HOA officer to serve as the Designated Person for all
matters pertaining to groundwater protection; (see also Section 805)
2. The compliance of all property within the development, including common and
individually owned parcels, except for property still under the ownership of the
Developer;
3. The preparation and updating of a list of commonly available residential
herbicides and pesticides that may be used by property owners.
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4. The annual distribution of groundwater protection information to all property
owners.
5. The performance of required maintenance for the common car wash facility, and
keeping records of such maintenance for a period of two years to be made
available to City upon request.
6. The periodic evaluation and update of this plan as outlined in Chapter 9.
7. The reporting, to the City Public Works Department, of any situation, intentional
or otherwise, that has the potential to cause groundwater contamination.
Section 804
Property Owner (Individual) Responsibilities
Individual property owners are assigned the following responsibilities by this plan:
1. Educating themselves about groundwater quality protection through the reading
of this document and any other information publically available.
2. The use of only those pesticides and herbicides approved by the Homeowners
Association and the proper storage and disposal thereof.
3. The proper use of all stains, paints, sealers, preservatives, and similar liquids;
and the proper storage and expedient disposal thereof;
4. The reporting, to the City Public Works Department, of any situation or activity,
intentional or otherwise, that has the potential to cause groundwater
contamination.
Any owner of real property located within the Lionsback Development shall be
responsible for compliance, on the part of themselves, their guests, and anyone
performing services on their property. Owners should bear in mind that the purpose of
this plan is to protect the quality of the Moab’s drinking water, including the water that
supplies the Lionsback Development.
Section 805
Submittals
The submittals required by this chapter are outlined in the following table.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
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TABLE 805.1: Submittals Required by Chapter 8
Party(s)
Responsible
Description of Submittal Submitted to: Due Date/
Frequency
Developer Letter with name and
contact information for
Developer’s Designated
Person
City Engineering
Department
Any time there is a
change in the
designee.
Developer Map showing all recorded
lots and tracts with Record
Owner of each parcel
identified.
City Engineering
Department
Submit annually by
January 31, starting
the 1st calendar year
following the
approval of the first
Final Plat
Developer Operation & Maintenance
plan covering all
watershed protection
measures to be
implemented with the
central car wash facility.
Building
Department
One time submittal
required prior to a
Certificate of
Occupancy for car
wash structure.
Developer Letter notification of any
common parcels that have
been turned over to the
HOA, together with the
HOA’s written acceptance
of such parcel.
City Engineering
Department
Any time common
parcels are officially
turned over to the
HOA.
Property
Owner
(Individual)
None NA NA
Homeowners
Association
Letter with name and
contact information for
Designated Person
City Engineering
Department
Any time there is a
change in the
designee.
Homeowners
Association
Letter verifying the annual
distribution of
informational materials to
all property owners. A
copy of the distributed
materials shall be included.
City Engineering
Department
Submit annually by
February 15.
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Section 806
Potential Contamination Sources Identified
The PCS’s that will continue after the completion of construction were identified
previously in Table 303.2. The table is copied below for convenience. Following the
table, each PCS is described in more detail.
TABLE 303.2: Inventory of Future PCS’s for Lionsback Development
Name of possible PCS PCS No. in DDW
Guidance
Identified Hazards
Roadways – Sand Flats
Rd. and Hells Revenge
Rd. and internal roads &
parking lots serving
development
#39 Hydrocarbons from leaking
fluids, de-icing salts &
chemicals, transport of
hazardous materials
Water well #1 Possible submersible
pump, direct conduit to
groundwater
Sewer system serving
project including mains,
service connections,
manholes, and pumping
stations
#43 Domestic wastewater
Residential pesticide,
herbicide, and fertilizer
storage and use.
#37 Pesticides, herbicides, and
fertilizers, and/or their by-
products.
Car wash area planned for
Phase 4.
#6 Accumulated
concentrations of
hydrocarbons, salts,
concentrated cleaning
products and similar
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
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806.1 Roadways – All roads can accumulate hazardous materials such as hydrocarbons
from vehicles leaking fluids, salts & other deicing products, striping paint residue, and
similar. Rainfall washes these accumulated materials into the storm drain system or
roadside ditches. If the contaminated runoff infiltrates into the soil, hazardous materials
can be carried down to the aquifer. This threat is directly proportional to the amount of
traffic, the frequency of precipitation, and the amount of road salt or similar applied. In
Moab, the low traffic volumes, infrequent rains and rare snowfalls mean that this
possible contamination threat is extremely small. The City considers the contamination
threat from roadways with much more traffic than Lionsback, and located much closer
to sources in other parts of the valley adequately controlled without mitigation.
806.2 Water well –Water wells are a threat because, by design, they provide a direct
conduit to the groundwater aquifer. Hundreds of wells already exist in the aquifer with
no known contamination. Wells that are properly constructed, maintained, and secured
will not cause adverse effects.
Mitigation measures:
1) Keep wellhead securely locked.
2) Perform period well maintenance as recommended by Utah Division of
Drinking Water.
806.3 Sewer system – The most frequent cause of groundwater quality problems is
septic system leach field effluent. Sewer systems counter this threat by collecting all
wastewater and transporting it to a centralized wastewater treatment facility. However,
improperly installed and/or damaged sewer systems can leak and if the leak is large
enough effluent could affect the aquifer. This threat is quite small. In fact miles of
sewer lines currently exist in DWSP zones, some in place as long as 30 years, with no
measureable effect. A properly installed sewer is considered adequately controlled.
806.4 Use of pesticides, herbicides and fertilizers – The use of these products by large
agricultural operations is the leading cause of groundwater contamination in the
Midwest. The massive scale of use, heavily concentrated products, and the frequency of
rainfall are the leading factors, however. When approved pesticides, herbicides and
fertilizers are used properly, they are considered adequately controlled. In fact, the
Moab golf course, likely the area’s heaviest user of these products, surrounds the City’s
primary drinking water sources and no measureable effects have occurred. Nonetheless,
precautions are easy to follow and will be implemented for the development.
806.5 Community vehicle wash facility – Washing vehicles can produce contaminants
such as hydrocarbons from oils & greases, organic compounds from solvents and other
cleaning products, and similar. The best way to deal with water from vehicle washing is
to collect it, give it some pretreatment, and then dispose of in the sanitary sewer system.
This is the purpose of the community car wash facility.
LIONSBACK DEVELOPMENT
8-6
Section 807
Required Mitigation Measures
For each of the five identified PCS’s, mitigation measures have been developed. Some
of these measures pertain to the overall plan and design of the project and are already
reflected by the Preliminary Site Plan. Specific mitigation measures are listed below by
the PCS that they address.
807.1 Roadways – Includes only the private roads internal to the development; does not
include Sand Flats Road and Hell’s Revenge Road, which are public roads.
Mitigation measures:
1) The use of road salt and/or other deicing agents will be prohibited on the
Lionsback road system.
2) The HOA will contract for regular periodic street sweeping to occur a
minimum of one time per year.
807.2 Water Well – Refers to the existing water well located on the site.
Mitigation measures:
1) Keep wellhead securely locked.
2) Perform period well maintenance as recommended by Utah Division of
Drinking Water.
807.3 Sewer system – All mitigation measures for the sewer system take place during
the initial installation of the sewer. These measures are covered in Chapters 6 & 7.
807.4 Use of pesticides, herbicides and fertilizers – This refers to products used by
the HOA on the common areas, and products used by private individuals on their own
lots.
Mitigation measures:
1) The project has been designed to minimizes site disturbance thus
preserving as much native vegetative cover as possible and reducing the
need for product application.
2) All landscaping shall be in conformance with the project design
standards, which restrict landscapes such as grass lawns that require the
use of fertilizers and herbicides.
3) The HOA will maintain a list of approved products; and will provide
education to increase awareness of their proper use.
807.5 Community vehicle wash facility – The washing of vehicles on site is prohibited
by the covenants with the exception of the community car wash facility.
Mitigation measures:
1) Creation of centralized was facility with rinse water containment and
capture system.
2) Disposal of rinse water to sanitary sewer system.
3) Regular periodic maintenance of car wash facility by HOA.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
8-7
Section 808
Record Keeping
The HOA is responsible for keeping records of all maintenance activities on the well
and the car wash facility, and all informational mailings. The Designated Person shall
be responsible for the record keeping, and records must be kept in good order and made
available to City staff upon request. Maintenance records must be kept for a minimum
of two years.
Section 809
Contingency Plan
A simple one page document should be produced and distributed to all homeowners on
an annual basis. The document should include names and contact info for City Public
Works, City Police, Fire Department, and HOA Designated Person. In addition the
document should contain some brief procedures for homeowners to follow.
Example language:
In the event that an entire container of herbicide, pesticide or similar is spilled, take
action as follows:
DO NOT RINSE the spilled material into the ground with a water hose,
TAKE QUICK ACTION to limit infiltration as follows:
• If spilled on paved surface: Surround spill with absorbent towels and
rags, use as many as necessary to absorb all the material. Hang wet
clothes to air dry, then dispose of with household waste.
• If spilled on ground: Immediately dig up the saturated soil and place it
in a container or on a plastic tarp. Disposed of contaminated soil with
household waste.
DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010
9-9
CHAPTER 9
PLAN REVISIONS
Section 901
General
The Lionsback project is a relatively large project that will be built out over several
years. It is anticipated that the plan may require amendments and/or updates as the
project progresses. Unforeseen situations may become apparent, and construction
methods and materials may change. The plan will be reviewed on a periodic basis, and
amended if warranted in accordance with Section 902.
Section 902
Plan Revision Procedure
The following procedure shall be followed in the review and amendment of this plan.
902.1 Periodic Review – The start of each new project phase will trigger a review of
the plan. (A total of five project phases are currently proposed.) The Developer and the
City will meet to discuss the implementation of the plan up to that date. If either party
determines that changes are necessary to make the plan effective, then a revised plan
will be produced and submitted to the City Council for approval. The current version of
the plan remains in full effect until a revised version is adopted by both the City
Council, and the Developer.
902.2 As-Needed Revision – All minor plan changes should be accomplished by the
periodic review process. If, however, it is determined that a more immediate revision is
necessitated in order to fulfill the intent of the plan, then an “as-needed” revision
process will commence. Only the Developer’s Designated Person and the City Public
Works Director have the authority to initiate an as-needed revision. An “as-needed”
revision becomes effective upon approval by both of these parties. The revision will
remain in effect until the next Periodic Review, at which time the revision must be
ratified by the City Council. If the revision is not ratified by the council, the revision
language is nullified and is no longer effective from that point forward.
LIONSBACK DEVELOPMENT
8-8
[THIS PAGE IS INTENTIONALLY LEFT BLANK]
APPENDICES
Appendix A: Lionsback Pre-Annexation Agreement – Section 8 Drinking Water
Source Protection (2009)
Appendix B: Map of DWSP Zones for Skakel Spring
(Copied from Skakel Spring, Drinking Water Source Protection Plan, City of
Moab, January 2001)
Appendix C: Lionsback Resort Preliminary Site Plan
Appendix D: EPA National Primary & Secondary Drinking Water Standards
(Copied from U.S. EPA’s website, www.epa.gov/OGWDW/)
Appendix E: List of the Most Common Potential Contamination Sources
(Copied from GROUND WATER SOURCE PROTECTION USER’S GUIDE,
State of Utah, Department of Environmental Quality, Division of Drinking
Water, November 2005)
Appendix F: Phase 1 Environmental Site Assessment, selected sections
(Buckhorn/Geotech, 2007)
Appendix G: Lionsback Resort Preliminary Drainage Report, selected sections
(Foley & Associates, 2007)
Appendix H: Preliminary Geologic and Geotechnical Site Assessment, selection
sections
(Buckhorn/Geotech, 2007)
Appendix I: Well Log Information for Water Well #__
(Source: Utah Division of Water Rights)
Appendix A
Lionsback Pre-Annexation Agreement – Section 8, Drinking Water Source
Protection
8. Drinking Water Source Protection.
8.1. General. The Parties acknowledge that portions of the Property and
other lands covered by this Agreement are situated within or adjacent to areas which are subject
to drinking water source protection zones, as established in Chapter 13.26 of the Moab
Municipal Code. It is agreed that all drinking water source protection zones shall be clearly
identified and demarcated on the Final Master Development Plan and each subsequent plat for
each phase of the Project under this Agreement and that the Company will adhere to Zone Two
Drinking Water Source Protection Standards, as defined by Chapter 13.26 of the Municipal
Code, for the entirety of the Property and the Adjoining Property. All such standards will be
finalized in conjunction with the approval of the Final Master Development Plan. A plat note
shall be appended specifying that all development within such zones shall comply with Zone
Two design standards and mitigation measures as may be required by the City to comply with
Chapter 13.26 and assure no degradation of existing ground water sources.
8.2. Source Protection Plan. The materials submitted with the Final
Master Plan Development Plan shall include a site specific Drinking Water Source Protection
Plan for the Project (excluding the uses and activities associated with Hells Revenge, which is
not the responsibility of Company) containing, at minimum, the following elements:
A. A compilation of all hydrologic information pertaining to the
Project site, including maps, well information, geotechnical reports, and the like;
B. A list of new Potential Contamination Sources that may be
created by the development, including any temporary sources that may be associated with
construction;
C. A description of all proposed mitigation measures, including:
1) construction housekeeping practices for all contractors; 2) specifications for sewer line
construction; 3) description of storm water best management practices to be applied to the site;
4) detailed inspection, maintenance, and operations plans for all mitigation measures; and 5)
other control measures, including covenant declarations, etc.;
D. A sample informational brochure for homeowners explaining
drinking water source protection measures, potential contaminants, proper handling procedures,
emergency contact information, and reference sources;
E. A detailed action plan covering a potential contamination
occurrence;
F. An identification of the Designated Person for the Company’s
drinking water source protection program; and
G. A record keeping section with appropriate report forms for use
by City staff in monitoring compliance with the plan.
8.3. Utility Specifications. In addition to all other applicable standards and
requirements, the sewer collection system for the Project shall comply with the standards for
sewer lines within water protection areas as set forth in U.A.C. R309-515-6(4). In the case of
conflicting requirements, the more stringent requirement shall apply.
8.4. Stormwater Management. In addition to all other applicable
standards and requirements, the stormwater collection system for the Project shall incorporate
applicable best management practices that reduce or eliminate the potential for contaminant
infiltration into groundwater beneath or adjacent to the Project, as specified in the Stormwater
BMP Database (http://www.bmpdatabase.org/).
Appendix B
Map of DWSP Zones for Skakel Spring
(Copied from Skakel Spring, Drinking Water Source Protection Plan, City of Moab, January 2001)
[Document begins on next page.]
Li
o
n
s
b
a
c
k
Si
t
e
Appendix C
Lionsback Resort Preliminary Site Plan -
[Document begins on next page.]
6061H 1/4 CORNER
1265 R 22 E.
1
1111
lir■
I __. IWOSTORY (3 HQ
EM PLOYEE FKNSW
lif:C.14111 ONE STORY (20 H)
CAR p WASH 5,000-8,000 SOFT
MASIr�BN�',E GARAGE
BLOOM LAP POOL 9
CONVENI(ON CENTER 0.000 SOFT
ONE S(ORY (1 E F) 24,000 SOFT
MEL SUITE 19 suns
900-1000 SOFT. 38 HATS
TWO STORY (30' H.)
HOTEL SURE 5SURES
900.1000 5020. 12 RMS•
c
ONE STORY (1S H)
CUM 11503 SOFT.
ONE ST(1RY(ID H)
VILLAGE CASITA
1800-2100 SOFT
1WO STORY (50' IQ
VILLAGE CAS TA
1900.2100 SOFT
ONE STORY (15 H)
12.1.SIDE SANTA
2500-3000 SOFT
119,946
30 95,370
40 234299
(6v
45 239,141
1WOSTORY (30IQ 14
HILLSIDE CCAA9S2500-3=80ITRIT
TOTAL 80003IRAL 257
BI.00NE
OEUMTSH)
Ii
1
1
1
1
1
1
II SI MI 1'.1101P
ONE BMW (15' H.)
pu rr AM
OOMSO 2000.2,500 SOFT
PIOAC
INTERNAL 124.1
SYSTEM
E)OSI1NG ROAD TO BE DEVELOPED
FOR NON MOTORIZED TAIL
WAIFS TANK (2MDIA-2510
FIRE IRIS STABRJZED PRE U NE
.41--"4.4 11RESIRCUATVIGWATER
MEI & PAWS SIDEWALKS
01)995 RAT 08260
19315 REVENGE M IMI. 52
05115808 NC 650020 1 52558
143,173
TOTAL NUMBER OFRESIDETTAL UNITS
TOTAL DBIROPED L OV AREA
TOTAL L01421%1
PERCENTAGE OFOPT3ISPACE 73.35%
259
SPORT FACILM ES
A MOMS
B. PLATFORM TENNIS
r —
C. VOLLEYBALL
D. PIRIWG GREDI
E GOLF DRIVING CAGE
F LAW N GAMES
0)= G. BOCCE
2032975 48. 67 ACRES
7 62E04 175. 12 ACRES
H. PLAYGROU ND EQUIPMENT
L VOLLFYBN I/BASIO'BAU.
12 REAR YARD
F—
R SIDE YARD II. 5' SIDE YARD
20 FRONT YARD
TYPICAL BUILDING SETBACKS
FOR EACH PLATTED LOT
PNB015.
HOTEL (50 ROOMS)
ONE/ROOM 50 SPACES
CAFE:
ONE/200 SOFT 7 SPACES
CONVEHIIOWMEERNG
ONE/4 SEATS 38 SPACES
HEALTH CLUB
ONE/200 SOFT 9 SPACES
104 SPACES
ONE-FAMILY(189 UNITS)
TWOAIWHLING
(GARAGE) 378 SPACES
TEMP. GUEST
(DRIVEWAY) 189 SPACES
TEMP. GUEST 78 SPACES
845 SPACES
EMPLOYEE HOUSWG (18 UNLTS)
1 172/DWELLING 27 SPACES
APPRO XIM ATE FOOTPRINTS
COMM ERCIAL. 53,700 SOFT
RESIDENTIAL 365,000 SOFT
LIONSBACK RESO RT PRELIMIN ARY SITE PLAN
4W
01/04/08
CALVIN L. WILBOURNE, P.C. I
TELL URIDE ARCHITE CTS
110S011111 PINE STREET
BOX 853
TELLURIDE, CO 81435
(970) 728-3949 FAX -9145
Appendix D
EPA National Primary & Secondary Drinking Water Standards
(Copied from U.S. EPA’s website, www.epa.gov/OGWDW/)
[Document begins on next page.]
National Primary Drinking Water Standards
Contaminant MCL or TT1
(mg/L)2
Potential health effects from
exposure above the MCL
Common sources of
contaminant in drinking water
Public
Health Goal
OC
Acrylamide TT8 Nervous system or blood problems; Added to water during
sewage/wastewater increased
risk of cancer treatment
zero
OC Alachlor 0.002 Eye, liver, kidney or spleen problems;
anemia; increased risk of cancer
Runoff from herbicide used on
row crops
zero
R
Alpha particles 15 picocuries
per Liter
(pCi/L)
Increased risk of cancer Erosion of natural deposits of
certain minerals that are
radioactive and may emit a form
of radiation known as alpha
radiation
zero
IOC
Antimony 0.006 Increase in blood cholesterol; decrease in
blood sugar
Discharge from petroleum
refineries; fire retardants;
ceramics; electronics; solder
0.006
IOC
Arsenic 0.010 as of
1/23/06
Skin damage or problems with circulatory
systems, and may have increased risk of
getting cancer
Erosion of natural deposits; runoff
from orchards, runoff from glass &
electronics production wastes
0
IOC
Asbestos (fibers >10
micrometers)
7 million
fibers per
Liter (MFL)
Increased risk of developing benign intestinal
polyps
Decay of asbestos cement in
water mains; erosion of natural
deposits
7 MFL
OC Atrazine 0.003 Cardiovascular system or reproductive
problems
Runoff from herbicide used on
row crops
0.003
IOC
Barium 2 Increase in blood pressure Discharge of drilling wastes;
discharge from metal refineries;
erosion of natural deposits
2
OC
Benzene 0.005 Anemia; decrease in blood platelets;
increased risk of cancer
Discharge from factories;
leaching from gas storage tanks
and landfills
zero
OC
Benzo(a)pyrene (PAHs) 0.0002 Reproductive difficulties; increased risk of
cancer
Leaching from linings of water
storage tanks and distribution
lines
zero
IOC
Beryllium 0.004 Intestinal lesions Discharge from metal refineries
and coal-burning factories;
discharge from electrical,
aerospace, and defense
industries
0.004
R
Beta particles and photon
emitters
4 millirems
per year
Increased risk of cancer Decay of natural and man-made
deposits of certain minerals that
are radioactive and may emit
forms of radiation known as
photons and beta radiation
zero
DBP Bromate 0.010 Increased risk of cancer Byproduct of drinking water
disinfection
zero
IOC
Cadmium 0.005 Kidney damage Corrosion of galvanized pipes;
erosion of natural deposits;
discharge from metal refineries;
runoff from waste batteries and
paints
0.005
OC Carbofuran 0.04 Problems with blood, nervous system, or
reproductive system
Leaching of soil fumigant used on
rice and alfalfa
0.04
OC Carbon tetrachloride 0.005 Liver problems; increased risk of cancer Discharge from chemical plants
and other industrial activities
zero
D Chloramines (as Cl2) MRDL=4.01 Eye/nose irritation; stomach discomfort,
anemia
Water additive used to control
microbes MRDLG=41
LEGEND
D Dinsinfectant IOC Inorganic Chemical OC Organic Chemical
DBP Disinfection Byproduct M Microorganism R Radionuclides
1
Contaminant MCL or TT1
(mg/L)2
Potential health effects from
exposure above the MCL
Common sources of
contaminant in drinking water
Public
Health Goal
OC Chlordane 0.002 Liver or nervous system problems; increased
risk of cancer
Residue of banned termiticide zero
D Chlorine (as Cl2) MRDL=4.01 Eye/nose irritation; stomach discomfort Water additive used to control
microbes
MRDLG=41
D Chlorine dioxide (as ClO2) MRDL=0.81 Anemia; infants & young children: nervous
system effects
Water additive used to control
microbes MRDLG=0.81
DBP Chlorite 1.0 Anemia; infants & young children: nervous
system effects
Byproduct of drinking water
disinfection
0.8
OC Chlorobenzene 0.1 Liver or kidney problems Discharge from chemical and
agricultural chemical factories
0.1
IOC Chromium (total) 0.1 Allergic dermatitis Discharge from steel and pulp
mills; erosion of natural deposits
0.1
IOC
Copper TT7;
Action
Level =
1.3
Short term exposure: Gastrointestinal
distress. Long term exposure: Liver or kidney
damage. People with Wilson’s Disease
should consult their personal doctor if the
amount of copper in their water exceeds the
action level
Corrosion of household plumbing
systems; erosion of natural
deposits
1.3
M Cryptosporidium TT3 Gastrointestinal illness (e.g., diarrhea,
vomiting, cramps)
Human and animal fecal waste zero
IOC
Cyanide (as free cyanide) 0.2 Nerve damage or thyroid problems Discharge from steel/metal
factories; discharge from plastic
and fertilizer factories
0.2
OC 2,4-D 0.07 Kidney, liver, or adrenal gland problems Runoff from herbicide used on
row crops
0.07
OC Dalapon 0.2 Minor kidney changes Runoff from herbicide used on
rights of way
0.2
OC
1,2-Dibromo-3-chloropropa
ne (DBCP)
0.0002 Reproductive difficulties; increased risk of
cancer
Runoff/leaching from soil
fumigant used on soybeans,
cotton, pineapples, and orchards
zero
OC o-Dichlorobenzene 0.6 Liver, kidney, or circulatory system problems Discharge from industrial
chemical factories
0.6
OC p-Dichlorobenzene 0.075 Anemia; liver, kidney or spleen damage;
changes in blood
Discharge from industrial
chemical factories
0.075
OC 1,2-Dichloroethane 0.005 Increased risk of cancer Discharge from industrial
chemical factories
zero
OC 1,1-Dichloroethylene 0.007 Liver problems Discharge from industrial
chemical factories
0.007
OC cis-1,2-Dichloroethylene 0.07 Liver problems Discharge from industrial
chemical factories
0.07
OC trans-1,2-Dichloroethylene 0.1 Liver problems Discharge from industrial
chemical factories
0.1
OC Dichloromethane 0.005 Liver problems; increased risk of cancer Discharge from drug and
chemical factories
zero
OC 1,2-Dichloropropane 0.005 Increased risk of cancer Discharge from industrial
chemical factories
zero
OC Di(2-ethylhexyl) adipate 0.4 Weight loss, live problems, or possible
reproductive difficulties
Discharge from chemical
factories
0.4
OC Di(2-ethylhexyl) phthalate 0.006 Reproductive difficulties; liver problems;
increased risk of cancer
Discharge from rubber and
chemical factories
zero
OC Dinoseb 0.007 Reproductive difficulties Runoff from herbicide used on
soybeans and vegetables
0.007
OC
Dioxin (2,3,7,8-TCDD) 0.00000003 Reproductive difficulties; increased risk of
cancer
Emissions from waste
incineration and other
combustion; discharge from
chemical factories
zero
OC Diquat 0.02 Cataracts Runoff from herbicide use 0.02
OC Endothall 0.1 Stomach and intestinal problems Runoff from herbicide use 0.1
LEGEND
D Dinsinfectant IOC Inorganic Chemical OC Organic Chemical
DBP Disinfection Byproduct M Microorganism R Radionuclides
2
Contaminant MCL or TT1
(mg/L)2
Potential health effects from
exposure above the MCL
Common sources of
contaminant in drinking water
Public
Health Goal
OC Endrin 0.002 Liver problems Residue of banned insecticide 0.002
OC
Epichlorohydrin TT8 Increased cancer risk, and over a long period
of time, stomach problems
Discharge from industrial
chemical factories; an impurity of
some water treatment chemicals
zero
OC Ethylbenzene 0.7 Liver or kidneys problems Discharge from petroleum
refineries
0.7
OC Ethylene dibromide 0.00005 Problems with liver, stomach, reproductive
system, or kidneys; increased risk of cancer
Discharge from petroleum
refineries
zero
IOC
Fluoride 4.0 Bone disease (pain and tenderness of the
bones); Children may get mottled teeth
Water additive which promotes
strong teeth; erosion of natural
deposits; discharge from fertilizer
and aluminum factories
4.0
M Giardia lamblia TT3 Gastrointestinal illness (e.g., diarrhea,
vomiting, cramps)
Human and animal fecal waste zero
OC Glyphosate 0.7 Kidney problems; reproductive difficulties Runoff from herbicide use 0.7
DBP Haloacetic acids (HAA5) 0.060 Increased risk of cancer Byproduct of drinking water
disinfection
n/a6
OC Heptachlor 0.0004 Liver damage; increased risk of cancer Residue of banned termiticide zero
OC Heptachlor epoxide 0.0002 Liver damage; increased risk of cancer Breakdown of heptachlor zero
M
Heterotrophic plate count
(HPC)
TT3 HPC has no health effects; it is an analytic
method used to measure the variety of
bacteria that are common in water. The lower
the concentration of bacteria in drinking
water, the better maintained the water
system is.
HPC measures a range of
bacteria that are naturally present
in the environment
n/a
OC
Hexachlorobenzene 0.001 Liver or kidney problems; reproductive
difficulties; increased risk of cancer
Discharge from metal refineries
and agricultural chemical
factories
zero
OC Hexachlorocyclopentadien
e
0.05 Kidney or stomach problems Discharge from chemical
factories
0.05
IOC
Lead TT7;
Action
Level =
0.015
Infants and children: Delays in physical or
mental development; children could show
slight deficits in attention span and learning
abilities; Adults: Kidney problems; high blood
pressure
Corrosion of household plumbing
systems; erosion of natural
deposits
zero
M Legionella TT3 Legionnaire’s Disease, a type of pneumonia Found naturally in water;
multiplies in heating systems
zero
OC Lindane 0.0002 Liver or kidney problems Runoff/leaching from insecticide
used on cattle, lumber, gardens
0.0002
IOC
Mercury (inorganic) 0.002 Kidney damage Erosion of natural deposits;
discharge from refineries and
factories; runoff from landfills and
croplands
0.002
OC
Methoxychlor 0.04 Reproductive difficulties Runoff/leaching from insecticide
used on fruits, vegetables, alfalfa,
livestock
0.04
IOC
Nitrate (measured as
Nitrogen)
10 Infants below the age of six months who drink
water containing nitrate in excess of the MCL
could become seriously ill and, if untreated,
may die. Symptoms include shortness of
breath and blue-baby syndrome.
Runoff from fertilizer use;
leaching from septic tanks,
sewage; erosion of natural
deposits
10
IOC
Nitrite (measured as
Nitrogen)
1 Infants below the age of six months who drink
water containing nitrite in excess of the MCL
could become seriously ill and, if untreated,
may die. Symptoms include shortness of
breath and blue-baby syndrome.
Runoff from fertilizer use;
leaching from septic tanks,
sewage; erosion of natural
deposits
1
LEGEND
D Dinsinfectant IOC Inorganic Chemical OC Organic Chemical
DBP Disinfection Byproduct M Microorganism R Radionuclides
3
Contaminant MCL or TT1
(mg/L)2
Potential health effects from
exposure above the MCL
Common sources of
contaminant in drinking water
Public
Health Goal
OC
Oxamyl (Vydate) 0.2 Slight nervous system effects Runoff/leaching from insecticide
used on apples, potatoes, and
tomatoes
0.2
OC Pentachlorophenol 0.001 Liver or kidney problems; increased cancer
risk
Discharge from wood preserving
factories
zero
OC Picloram 0.5 Liver problems Herbicide runoff 0.5
OC
Polychlorinated biphenyls
(PCBs)
0.0005 Skin changes; thymus gland problems;
immune deficiencies; reproductive or
nervous system difficulties; increased risk of
cancer
Runoff from landfills; discharge of
waste chemicals
zero
R Radium 226 and Radium
228 (combined)
5 pCi/L Increased risk of cancer Erosion of natural deposits zero
IOC
Selenium 0.05 Hair or fingernail loss; numbness in fingers or
toes; circulatory problems
Discharge from petroleum
refineries; erosion of natural
deposits; discharge from mines
0.05
OC Simazine 0.004 Problems with blood Herbicide runoff 0.004
OC Styrene 0.1 Liver, kidney, or circulatory system problems Discharge from rubber and plastic
factories; leaching from landfills
0.1
OC Tetrachloroethylene 0.005 Liver problems; increased risk of cancer Discharge from factories and dry
cleaners
zero
IOC
Thallium 0.002 Hair loss; changes in blood; kidney, intestine,
or liver problems
Leaching from ore-processing
sites; discharge from electronics,
glass, and drug factories
0.0005
OC Toluene 1 Nervous system, kidney, or liver problems Discharge from petroleum
factories
1
M
Total Coliforms (including
fecal coliform and E. coli) 5.0%4 Not a health threat in itself; it is used to
indicate whether other potentially harmful
bacteria may be present5
Coliforms are naturally present in
the environment as well as feces;
fecal coliforms and E. coli only
come from human and animal
fecal waste.
zero
DBP
Total Trihalomethanes
(TTHMs)
0.10
0.080
after
12/31/03
Liver, kidney or central nervous system
problems; increased risk of cancer
Byproduct of drinking water
disinfection n/a6
OC Toxaphene 0.003 Kidney, liver, or thyroid problems; increased
risk of cancer
Runoff/leaching from insecticide
used on cotton and cattle
zero
OC 2,4,5-TP (Silvex) 0.05 Liver problems Residue of banned herbicide 0.05
OC 1,2,4-Trichlorobenzene 0.07 Changes in adrenal glands Discharge from textile finishing
factories
0.07
OC 1,1,1-Trichloroethane 0.2 Liver, nervous system, or circulatory
problems
Discharge from metal degreasing
sites and other factories
0.20
OC 1,1,2-Trichloroethane 0.005 Liver, kidney, or immune system problems Discharge from industrial
chemical factories
0.003
OC Trichloroethylene 0.005 Liver problems; increased risk of cancer Discharge from metal degreasing
sites and other factories
zero
M
Turbidity TT3 Turbidity is a measure of the cloudiness of
water. It is used to indicate water quality and
filtration effectiveness (e.g., whether
disease-causing organisms are present).
Higher turbidity levels are often associated
with higher levels of disease-causing
micro-organisms such as viruses, parasites
and some bacteria. These organisms can
cause symptoms such as nausea, cramps,
diarrhea, and associated headaches.
Soil runoff n/a
R
Uranium 30 ug/L
as of
12/08/03
Increased risk of cancer, kidney toxicity Erosion of natural deposits zero
LEGEND
D Dinsinfectant IOC Inorganic Chemical OC Organic Chemical
DBP Disinfection Byproduct M Microorganism R Radionuclides
4
Contaminant MCL or TT1
(mg/L)2
Potential health effects from
exposure above the MCL
Common sources of
contaminant in drinking water
Public
Health Goal
OC Vinyl chloride 0.002 Increased risk of cancer Leaching from PVC pipes;
discharge from plastic factories
zero
M Viruses (enteric) TT3 Gastrointestinal illness (e.g., diarrhea,
vomiting, cramps)
Human and animal fecal waste zero
OC
Xylenes (total) 10 Nervous system damage Discharge from petroleum
factories; discharge from
chemical factories
10
NOTES
1 Definitions
• Maximum Contaminant Level Goal (MCLG)—The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety and are non-enforceable public health goals.
• Maximum Contaminant Level (MCL)—The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to MCLGs as feasible using the best available treatment technology and taking cost into
consideration. MCLs are enforceable standards.
• Maximum Residual Disinfectant Level Goal (MRDLG)—The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control
microbial contaminants.
• Maximum Residual Disinfectant Level (MRDL)—The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.
• Treatment Technique (TT)—A required process intended to reduce the level of a contaminant in drinking water.
2 Units are in milligrams per liter (mg/L) unless otherwise noted. Milligrams per liter are equivalent to parts per million (ppm).
3 EPA’s surface water treatment rules require systems using surface water or ground water under the direct influence of surface water to (1) disinfect their water, and (2) filter their water or meet criteria for avoiding filtration so that the
following contaminants are controlled at the following levels:
• Cryptosporidium (as of 1/1/02 for systems serving >10,000 and 1/14/05 for systems serving <10,000) 99% removal.
• Giardia lamblia: 99.9% removal/inactivation
• Viruses: 99.99% removal/inactivation
• Legionella: No limit, but EPA believes that if Giardia and viruses are removed/inactivated, Legionella will also be controlled.
• Turbidity: At no time can turbidity (cloudiness of water) go above 5 nephelolometric turbidity units (NTU); systems that filter must ensure that the turbidity go no higher than 1 NTU (0.5 NTU for conventional or direct filtration) in
at least 95% of the daily samples in any month. As of January 1, 2002, for systems servicing >10,000, and January 14, 2005, for systems servicing <10,000, turbidity may never exceed 1 NTU, and must not exceed 0.3 NTU in
95% of daily samples in any month.
• HPC: No more than 500 bacterial colonies per milliliter
• Long Term 1 Enhanced Surface Water Treatment (Effective Date: January 14, 2005); Surface water systems or (GWUDI) systems serving fewer than 10,000 people must comply with the applicable Long Term 1 Enhanced
Surface Water Treatment Rule provisions (e.g. turbidity standards, individual filter monitoring, Cryptosporidium removal requirements, updated watershed control requirements for unfiltered systems).
• Filter Backwash Recycling: The Filter Backwash Recycling Rule requires systems that recycle to return specific recycle flows through all processes of the system’s existing conventional or direct filtration system or at an alternate
location approved by the state.
4 No more than 5.0% samples total coliform-positive in a month. (For water systems that collect fewer than 40 routine samples per month, no more than one sample can be total coliform-positive per month.) Every sample that has total
coliform must be analyzed for either fecal coliforms or E. coli if two consecutive TC-positive samples, and one is also positive for E. coli fecal coliforms, system has an acute MCL violation.
5 Fecal coliform and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Disease-causing microbes (pathogens) in these wastes can cause diarrhea, cramps, nausea,
headaches, or other symptoms. These pathogens may pose a special health risk for infants, young children, and people with severely compromised immune systems.
6 Although there is no collective MCLG for this contaminant group, there are individual MCLGs for some of the individual contaminants:
• Haloacetic acids: dichloroacetic acid (zero); trichloroacetic acid (0.3 mg/L)
• Trihalomethanes: bromodichloromethane (zero); bromoform (zero); dibromochloromethane (0.06 mg/L)
7 Lead and copper are regulated by a Treatment Technique that requires systems to control the corrosiveness of their water. If more than 10% of tap water samples exceed the action level, water systems must take additional steps.
For copper, the action level is 1.3 mg/L, and for lead is 0.015 mg/L.
8 Each water system must certify, in writing, to the state (using third-party or manufacturers certification) that when it uses acrylamide and/or epichlorohydrin to treat water, the combination (or product) of dose and monomer level does
not exceed the levels specified, as follows: Acrylamide = 0.05% dosed at 1 mg/L (or equivalent); Epichlorohydrin = 0.01% dosed at 20 mg/L (or equivalent).
LEGEND
D Dinsinfectant IOC Inorganic Chemical OC Organic Chemical
DBP Disinfection Byproduct M Microorganism R Radionuclides
5
National Secondary Drinking Water Standards
National Secondary Drinking Water Standards are non-enforceable guidelines regulating contaminants that may cause cosmetic effects (such as skin or
tooth discoloration) or aesthetic effects (such as taste, odor, or color) in drinking water. EPA recommends secondary standards to water systems but does
not require systems to comply. However, states may choose to adopt them as enforceable standards.
Contaminant Secondary Standard
Aluminum 0.05 to 0.2 mg/L
Chloride 250 mg/L
Color 15 (color units)
Copper 1.0 mg/L
Corrosivity noncorrosive
Fluoride 2.0 mg/L
Foaming Agents 0.5 mg/L
Iron 0.3 mg/L
Manganese 0.05 mg/L
Odor 3 threshold odor number
pH 6.5-8.5
Silver 0.10 mg/L
Sulfate 250 mg/L
Total Dissolved Solids 500 mg/L
Zinc 5 mg/L
Office of Water (4606M)
EPA 816-F-03-016
www.epa.gov/safewater
June 2003
6
Appendix E
List of Possible Potential Contamination Sources
(Source: GROUND WATER SOURCE PROTECTION USER’S GUIDE, State of Utah, Department of
Environmental Quality, Division of Drinking Water, November 2005)
[Document begins on next page.]
Drinking Water Source Protection Plan for Skakel Spring
City of Moab- Utah Water System Number 10003
Possible Potential Contamination Sources
(List Adapted from the State of Utah DEO, DDW Source Protection User's Guide)
1. Active and abandoned wells
2. Agricultural pesticide, herbicide, and fertilizer
storage, use, filling, and mixing areas
3. Airport maintenance and fueling sites
4. Animal feeding operations with more than ten
animal units
5. Animal watering troughs located near unfenced
wells and springs that attract livestock
6. Auto washes
7. Beauty salons •
8. Boat builders and refinishers
9. Chemical reclamation facilities
_
10. Chemigation wells
11. Concrete, asphalt, tar, and coal companies
12. Dry cleaners
13. Farm dump sites
14. Farm maintenance garr es
15. Feed lots
16.. Food processors, meat packers, and
slaughter houses
17. Fuel and oil distributors and storers
18. Furniture strippers, painters, finishers, and
appliance repairers
19. Grave yards, golf courses, parks, and nurseries
20. Heating oil storers
21.. Industrial manufacturers: chemicals,
pesticides, herbicides, paper and leather products,
textiles, rubber, plastic, fiberglass, silicone, glass,
pharmaceutical, and electrical equipment, etc.
22. Industrial waste disposal/impoundment areas
and municipal wastewater treatment plants,
landfills, dumps, and transfer stations
23. Junk and salvage yards
24. Laundromats •
25. Machine shops, metal platers, heat treaters,
smelters, annealers, and descalers
26. Manure piles
27. Medical, dental, and veterinarian offices
28. Mortuaries
29. Mining operations
30. Muffler shops
31. Pesticide and herbicide storers and retailers
32. Photo processors
33. Print shops
34. Radiological mining operations
35. Railroad yards
36. Research laboratories
37. Residential pesticide, herbicide, and fertilizer
storage, use, filling and mixing areas
38. Residential underground storage tanks
39. Salt and sand -salt piles
40. Sand and gravel mining operations
41. School vehicle maintenance barns
42. Sewer lines
43. Single-family septic tank/drain-field systems
44. Sites of reported spills
45. Small engine repair shops
_
46. Stormwater impoundment sites and snow
dumps
47. Subdivisions using subsurface disposal systems
(large and individual septic tank/drain-field systems)
48. Submersible pumps used to pump wells
49. Taxi cab maintenance garages
50. Tire shops
51. Toxic chemical and oil pipelines
52. Vehicle chemical supply storers and retailers
53. Vehicle dealerships
54. Vehicle quick lubes
55. Vehicle rental shops
56. Vehicle repair, body shops, and rust proofers
57. Vehicle service stations and terminals
58. Wood preservers
November 2000
Montgomery Watson
Civil, Structural & Geotechnical Engineers
222 South Park Ave • Montrose. CO 81401
Ph. (970) 249-6828 • FAX: (970) 249-0945
PHASE 1— PRELIMINARY SITE ASSESSEMENT
SITLA PROPERTY SAND FLATS ROAD
GRAND COUNTY, UTAH
May 1, 2006
Method and Purpose
This site investigation and report has been prepared in accordance with the "Standard
Practice Environmental Site Assessments: Phase I Environmental Site Process" as
outlined by ASTM E 1527. The purpose of this investigation is to identify recognized
environmental conditions that may pose a threat to health. The identification of these
conditions is made through review of existing documentation, on -site observation (April
25, 2006) and discussion with past owners, neighbors and/or agency personnel.
This investigation and report is site specific and prepared for the exclusive use by
Michael Badger and Michael Lawler only and is valid for 30 days from the date of issue.
Use by any other party is unauthorized without written consent of Buckhorn Geotech,
Inc. This investigation is intended to reduce potential uncertainty, regarding
environmental conditions, to the extent feasible using customary practices and data
available at the time of the investigation but cannot wholly eliminate uncertainty.
Site Description
The subject property is owned by the State of Utah School and Institutional Trust Lands
Administration (SITLA) and is on Sand Flats Road, in an unincorporated part of Grand
County, Utah. The property is located in Section 6, Township 26 South, Range 22 East,
Salt Lake Base and Meridian as shown on the attached location map. The north portion
of the property is abutted on the west, north and east by the Sand Flats Recreation Area
administered by the Bureau of Land Management (BLM) and Grand County as a fee area
for recreational activities. The southern portion of the property is abutted by residential
use, vacant land, and public property in use for the County landfill.
The property on the west side of Sand Flats Road is in use as a campground facility and
has an on -site water well and fully contained chemical toilets and no sanitary waste
facility. There are numerous primitive roads and trails crossing the campground area.
There is overhead power on the west side of the road that services the campground and
also crossing the property on the east side of the road. There is a communications tower
on the ridge at the south end of the property. There is public land access through the
property. The property on the east side of Sand Flats Road is vacant and has a walking
1
trail that appears to be open to the public. There is a drainage culvert under Sand Flats
Road allowing runoff from the west to continue southeast in a natural drainage.
Physical Setting
The site is located above the east side of the City of Moab at an elevation ranging from
approximately 4440 feet (above mean sea level) at the southeast corner of the property to
an elevation of approximately 4600 feet (above mean sea level) on ridgelines. This area
is considered part of the high desert of the Colorado Plateau. On the west side of Sand
Flats Road two ridges are dominant, one runs northwest to southeast along the southwest
property lines, and the other, also running northwest to southeast, is across the northeast
corner of the property. There is a wide valley in between these two ridge lines that slopes
to the southeast and continues as a natural drainage on the east side of Sand Flats Road,
draining to Mill Creek approximately 1 mile to the southeast. The ridge lines are Navajo
Sandstone and the valley is sand with low desert type vegetation, overlying sandstone.
There are numerous rock features and small natural drainage paths across the property.
The date base search conducted for this report notes the site to be outside any regulatory
100 -year flood plain.
Historic Landuse and Ownership
From discussions with Mike Hill on site on April 25, 2006, Mr. Hill has operated the
recreational campground on the west side of Sand Flats Road for close to 20 -years. This
is a "primitive" campground with no electrical, water or sewer hook-ups for campers.
There are fully contained chemical toilets and dumpsters available, shower facilities were
added more recently (Title Report shows the well in 2001).
From discussions with Brian Torgerson, Resource Specialist for SITLA, the property has
been owned by the State of Utah for over 50 -years and has been leased for campground
use for approximately 20 -years. Prior to use for a campground the property may have
been leased for livestock grazing or was vacant. No record search of ownership was
completed due to the extensive period of ownership by the current owner as reported by
local agencies. Mr. Torgerson contacted the Minerals Department of SITLA and
determined that although a lease for Oils, Gas and Hydrocarbons was granted to a second
part, no investigation related to this lease has been conducted on the property.
Dan Stenta, City Engineer for City of Moab, noted that there had been a communications
tower on site for a long time that was replaced around 2002 or 2003. The tower appears
on a USGS map dated 1983.
7
r
DRAWING
NUMBER
1
OF 1
PROJ. Na06-132 ENV
DESIGNER JDK
DRAFTER JDK
DATE 5/01/06
LIONSBACK PROPERTY
LOCATION MAP
GRAND COUNTY, UTAH
Civil, Structural & Geotechnical Engineering
222 South Park Ave. Montrose, Colorado 81401
970-249-8823 Fos. No. 970-249-0945
Site Observations
West side of Sand Flats Road:
• The west part of the property was observed to have an active campground in
operation with designated primitive sites (no -hookups). Roads had no imported
surfacing and were native rock and sand. Fire pits were designated at each site.
• The campground facility has an office located at the access point with several out
buildings clustered around the office. The campground operator noted that all
buildings were temporary and on skids and examination of theses buildings was
not included in the scope of this report. The campground operator noted the well
site located near the office. One of the buildings was observed to hold showers
and one held storage of dry goods, gasoline containers and other fluids pertinent
to small vehicle maintenance and campground maintenance. A propane tank was
noted near the office facility.
• An engine and vehicle battery was observed, apparently in use for a log splitter.
• Fully contained chemical toilets and roll -off trash dumpsters were observed
clustered through out the campground.
• The shower waste was observed to go to a storage tank that is labeled "grey water
not for drinking" it was not apparent where or if excess waste water is discharged.
• There is a pole mounted transformer near the office that was noted to have a
"NON PCB" sticker visible.
• Small amounts of trash were observed on the surface in areas around the
campground.
• A water storage tank was observed toward the west end of the campground.
• There are areas that have been fenced off and/or posted evidently to restrict off -
road vehicles.
• The site for the communications tower to the south of the campground was not
accessed.
• There are areas of the campground that have been treated for soil stabilization
with rock retaining walls and other measures including bags (labeled rice) used
like sand -bags.
• Small amounts of trash were observed partially buried in the designated fire pits.
4
" A n a t u r a l d r a i n a g e w a s o b s e r v e d a t t h e l o w a r e a o n t h e w e s t s i d e o f S a n d F l a t s
R o a d w i t h a d r a i n a g e c u l v e r t d i s c h a r g i n g t o t h e e a s t s i d e o f t h e r o a d .
E a s t s i d e o f S a n d F l a t s R o a d :
" N o b u i l d i n g s o r d e v e l o p m e n t a r e a p p a r e n t o n t h e p r o p e r t y o n t h e e a s t s i d e o f S a n d
F l a t s r o a d .
" T h e r e i s a p u l l - o u t f r o m t h e r o a d t h a t a l l o w s f o r p a r k i n g a d j a c e n t t o a t r a i l t h a t
r u n s s o u t h e a s t o n t h e p r o p e r t y .
" T h e n a t u r a l d r a i n a g e f r o m t h e c u l v e r t o b s e r v e d a t S a n d F l a t s R o a d c o n t i n u e s
s o u t h e a s t e r l y .
" M i n o r s u r f a c e t r a s h a n d s e v e r a l a b a n d o n e d v e h i c l e t i r e s w e r e o b s e r v e d .
" T h e r e i s a n a r e a o f t r a s h a c c u m u l a t e d o n t h e p r o p e r t y t h a t i s b e l o w a r o a d p u l l - o u t
o n S a n d F l a t s R o a d a d j a c e n t t o t h e e n t r a n c e s t a t i o n t o S a n d F l a t s R e c r e a t i o n A r e a .
R a n d o m i t e m s w e r e o b s e r v e d i n c l u d i n g t h e c a s e f o r a t e l e v i s i o n , t h e s h e l l o f a
h o u s e h o l d o v e n , s e v e r a l i t e m s t h a t a p p e a r e d t o b e f u e l f i l t e r s , p i e c e s o f a v e h i c l e
a n d o t h e r i t e m s .
5
EPA Regulated Facilities
A database search for State and EPA Regulated Facilities was conducted by
Environmental Data Resources (EDR) for the subject property and adjacent properties
within the ASTM E 1527-00 search radius (plus %2 mile due to size of site) on April 18,
2006. This database includes facilities with the following documented environmental
conditions:
• Permitted discharge to waters
• Report of toxic release
• Hazardous waste handler
• Active or Archived Superfund Report
• Reported Air Release
•
The property was not identified as any of the listed regulated facilities. Two sites were
found within the ASTM E 1527-00 search radius plus Y2 mile.
• An archived CERCLIS site identified as the "Ore Buying Station" was noted at
158 N 400 E, Moab, Utah and is approximately 3/4 miles southwest and down
gradient from the subject property.
• A solid waste facility/landfill site was noted on Sand Flats Road approximately 3/4
miles south and down gradient from the subject property.
No other superfund or hazardous waste sites or other regulated facilities were found
within an approximate one mile radius of the property.
Superfund Sites: The Superfund query retrieves data from the CERCLIS database, a
query on archived sites was also performed. One site was found and as noted above is an
archived site identified as the "Ore Buying Station". This site was identified in 1980 and
archived in 1990 with a finding of "No Further Remedial Action Planned (NFRAP). As
stated above, this site is approximately 3/4 miles southwest of the site and downgradient at
an elevation of approximately 4000 feet.
Hazardous Waste RCRIS database: The Hazardous Waste query retrieves data from the
RCRIS database which lists hazardous waste handlers. No sites were listed within the
radius search.
State Regulated Storage Tanks
The database for State regulated storage tanks was reviewed for facilities within one mile
of the property. The database includes underground storage tanks (UST's) "in use" and
"out of use", closed and active leaking underground storage tanks (LUST's), above
ground storage tanks (AST's) "in use" and "closed". No listing was found for the subject
property and no sites were found within the search radius. Please note that tanks for
agricultural use may not be listed on the database.
6
Orphan Sites
Orphan sites are sites found in the database search which do not have an address that
allows for the search to determine distance from the property. The addresses for these
sites were reviewed and they were determined to be along Highway 191, Highway 160 or
in the developed area of the City of Moab and not within 1 mile of the property.
Utilities
Overhead utilities were observed along Sand Flats Road and crossing the easterly part of
the property. The pole mounted transformer near the campground entrance was noted to
have a sticker stating "PCB Free". The campground site is serviced by an on -site water
well and there is no sewage system. The campground has a propane tank.
Wells
The database search conducted by Environmental Data Resources (EDR) for the subject
property included review of permitted wells within 1 mile of the subject property. The
database returned 69 well permit applications within the 1 mile radius which included
denied and expired well permits along with monitoring wells and in use wells. There was
one well permit within approximately one quarter mile, which is the on -site well at the
campground owned by SITLA. No wells were found between'/ and 'A mile, the
remainder of the wells are generally clustered in and around the City of Moab between'/
and 1 mile from the property. Seven of the wells listed were from the Federal United
States Geological Survey (USGS) data base and may be monitoring wells. Well use is
primarily noted as irrigation with a few permits noting domestic and other use.
Landfills
The City of Moab landfill is located immediately to the southeast of the southerly
property line. No other landfills exist within one mile of the property. Ms. Mary von
Kuch, Realty Specialist with the Bureau of Land Management (BLM) in Moab for 20 -
years, noted that the BLM had sold land adjacent to the landfill and the new Owner found
areas of buried trash on that land that was outside the permitted landfill area. This is a
potential concern for areas along the south of the property. Mr. John Adamson with the
Southeast Utah Health Department noted that the original landfill management included
Grand County and the landfill was a receptor of municipal waste with little regulation and
any type of waste may be present. Currently the landfill only accepts construction debris
and waste tires for recycling with municipal waste is taken to the Grand County landfill
north of town.
7
Personal Contacts
Mr. Mike Hill: Manager of the campground on the property for 18 -years, Mr. hill
provided general information regarding past use and activities on the site.
Ms. Maggie Wyatt: Manager of the BLM Field Office in Moab for 7 -years, has no
knowledge of potential environmental concerns related to the property. Ms. Wyatt noted
that the water in Mill Creek is classified as impaired for fisheries but that may be due to
warm temperatures. Ms. Wyatt noted that the campground area used to be a problem due
to lack of management and this has been mitigated by fencing of areas to prevent access,
regular trash pick-up and policing.
Ms. Mary von Koch: Realty Specialist with BLM Field Office in Moab for 20 -years, has
no knowledge of environmental concerns related to the property. Ms. Koch noted two
potential concerns in the area; buried trash was found on another property adjacent to the
landfill site outside of the permitted landfill area, and there is a shooting range on
property south of the landfill that may have potential environmental concerns.
Mr. Brian Torgerson: Resource Specialist with SITLA, has no knowledge of potential
environmental concerns related to the property. Provided information regarding past use
of the property. Mr. Torgerson also verified that no oil, gas or hydrocarbon activities had
taken place at the site and provided the name of the lease holder for the communications
tower which is Royce's Electronics in Moab, Utah. .
Dan Stenta: City Engineer for City of Moab, provided general information.
Mr. John Adamson: Southeast Utah Health Department, noted historically the landfill
adjacent to property was not regulated and types of waste materials are unknown. Mr.
Adamson had no knowledge of environmental concerns on the subject property. Mr.
Adamson noted there is a grey water rule in Utah that allows for the shower water to be
discharged above ground provided it is settled in a tank prior to discharge. -
Reference Documents:
• Title Report by South Eastern Utah Title Company received 4/28/06.
• USGS topographic maps.
• Sand Flats Recreation Area Visitors Guide
• Environmental Data Resources data search report April 18, 2006.
• Geotechnical investigation by Buckhorn Geotech April 2006.
8
Summary and Conclusions
From on -site observations of the property (conducted on April 25, 2006) and from review
of available documents and personal contacts described in this report, there is no apparent
potential for environmental contamination at the property. The only apparent potential
for environmental concerns would be related to the stored maintenance chemicals for the
campground, the dumping of trash on the east side of the property below the pull-out on
Sand Flats Road, and potential environmental concerns related to the adjacent landfill.
These potential concerns are summarized as follows:
• There was no surface staining or other evidence observed to indicate maintenance
chemicals has been disposed of improperly on site, all such chemicals were stored
in a storage shed with a wood floor and no spillage was observed.
• The trash observed on the east part of the property was not spread over a large
area and appeared to be on the surface only.
• The potential concerns related to the landfill would include potential historic
disposal of hazardous waste in an unregulated landfill and potential disposal of
waste outside of the permitted landfill area. The landfill site is generally down
gradient of the property which will minimize risk to the property.
The Southeast Utah Health Department Officer, Mr. John Adamson stated there are no
known environmental concerns at the property.
This report was based on the guidelines presented the "Standard Practice Environmental
Site Assessments: Phase I Environmental Site Process" as outlined by ASTM E 1527.
No testing of air, water or soil was performed as part of the Phase 1 Environmental
Assessment.
9
Acronyms/Abbreviations
ASTM American Society for Testing and Materials
BLM United States Bureau of Land Management
USFS United States Forest Service
EPA United States Environmental Protection Agency
NPL National Priority List
PUD Planned Unit Development
CERCLIS Comprehensive Environmental Response, Compensation and Liability
Information System
RCRIS Resource Conservation and Recovery Information System
UST Underground Storage Tank
LUST Leaking Underground Storage Tank
AST Above Ground Storage Tank
I0
Appendix G
Lionsback Resort Preliminary Drainage Report – Map of Drainage Basins
(Copied from LIONSBACK RESORT, MOAB, UTAH, PRELIMINARY DRAINAGE REPORT, Foley
Associates, Inc., January 4, 2008)
[Document begins on next page.]
" 1
W : \ J o b s \ J 0 B S 2 0 0 7 \ 0 7 0 0 9 e \ d w q \ P r e l i m i n a r y \ C 1 0 D R A I N A G E - 1 . d w q , 1 / 9 / 2 0 0 8 3 : 5 2 : 4 1 P M , f l e t c h e r
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D E S I G N P O I N T 3 I S L O C A T E D
A T L O W P O I N T I N
S U B B A S I N O S A l
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A S S O C I A T U S , I N C .
E N G I N E E R I N G " P L A N N I N G " S U R V E Y I N G
"
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P R E L I M I N A R Y D R A I N A G E B A S I N S
P O B o x 1 9 8 5 1 2 5 W . P a c i f i c A v c . S u n c B 1
T e l l u r i d e , C o l o r a d o , 8 1 4 9 5
P h a n 9 7 0 - 7 2 1 3 - 6 1 5 3 f a x 9 7 0 - 7 2 B - 6 0 5 0 ( - - - -
C l i e n t :
L B M o a b L a n d L L C
1 0 1 S u n n y e l d e R a n c h R d .
T e l l u r i d e , C O 8 1 4 3 5
C o n t a c t :
M i c h a e l H . B a d g e r
P H : 9 7 0 - 7 2 8 - 5 4 7 4
F a x : 9 7 0 - 7 2 8 - 6 2 1 7
Appendix H
Preliminary Geologic and Geotechnical Site Assessment, selection sections
(Copied from report entitled, PRELIMINARY GEOLOGIC AND GEOTECHNICAL SITE
ASSESSMENT, LIONSBACK VILLAGE, MOAB, UTAH, Buckhorn Geotech, May 10, 2006)
[Document begins on next page.]
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Civil, Structural & Geotechnical Engineers
222 South Park Ave. • Montrose, CO 81401
Ph.: (970) 249-6828 • FAX: (970) 249-0945
PRELIMINARY GEOLOGIC AND
GEOTECHNICAL SITE ASSESSMENT
LIONSBACK RESORT
MOAB, COLORADO
Executive Summary
The proposed Lionsback Village development near Moab, Utah is suitable for the intended
construction with special attention to foundation design, site preparation, erosion control, and
management of drainage. We drilled 9 boreholes and excavated 11 test pits in April 2006 at the
property. The following is a summary of our findings:
• Geology of the site consists of Navajo Sandstone covered by a thin mantle of silty eolian
sand. Depth to the Navajo Sandstone was mostly less than 5 feet across the property.
• No groundwater was observed in any of the shallow explorations.
• Several small ephemeral drainages cross the property. A portion of the property drains
southeast to Mill Creek, while a portion of the property drains northwest to the City of
Moab.
• Minor rockfall areas were observed adjacent to some of the Navajo Sandstone fins.
However, rockfall areas are not extensive and can be easily avoided.
Below is a summary of our conclusions and recommendations. See the Conclusions and
Recommendations section of this report for more detailed explanations.
• Spread footing foundations are considered suitable for the proposed development.
Footings and foundation components should be extended to or into the sandstone
bedrock. Erosion and settlement are concerns for foundations placed on silty sand soils.
• Slabs on -grade may be used for garage and interior floor slabs. Slabs on grade should be
placed on bedrock or on compacted fill placed on the bedrock.
• The native sandy soils may be used as structural fill if they are properly moisture
conditioned and are laterally confined.
• All of the recommendations presented in the Conclusions and Recommendations section
of this report should be incorporated into design and construction at this site.
LB Moab Land LLC Lionsback Village geotech report
Project #06-132-GEO
Page 1 of 24
Road is vacant and has a walking trail that appears to be open to the public. There is a drainage
culvert under Sand Flats Road allowing runoff from the west to continue southeast in a natural
drainage.
The site located above the east side of the City of Moab at elevations ranging from
approximately 4,440 feet at the southeast corner of the property to an elevation of approximately
4,600 feet on ridges at the northwest corner of the property. On the west side of Sand Flats
Road, two northwest — southeast trending ridges border a wide central valley. A saddle divides
the drainage of the valley; with a portion sloping southeast at approximately 5 to 20% and a
portion sloping northwest at similar grades. Drainage to the southeast enters Mill Creek
approximately 1 mile downgradient. Sparse low desert type vegetation was observed on the
property. The attached Site Plan shows the topography of the property and the approximate
locations of our borings and test pits with respect to the proposed development.
We drilled 9 boreholes and excavated 11 test pits across the property. The explorations were
intended to broadly characterize the property, but were tailored to the proposed development.
The findings of our field and laboratory testing are discussed in the Subsurface Conditions
section of this report.
Geologic Setting
According to Doelling et al. (2002), Moab is located in the northwest -trending, fold and fault belt
of the salt -cored anticline region in the northern Paradox Basin. The Moab -Spanish Valley is a
salt diapir structure, where the overlying brittle strata of the anticlinal fold have been ruptured by
injection of the plastic salt core. Salt dissolution and erosion through the late Cenozoic
contributed to the collapse and removal of the overlying rocks, leaving behind the linear Moab -
Spanish Valley. Most of the exposed bedrock in the vicinity of Moab ranges from
Pennsylvanian to Jurassic in age and consists of sandstone, siltstone, limestone, and some
evaporites. The formation underlying the valley is the Pennsylvanian Paradox Formation,
deposited in a marine basin at the southwestern edge of the ancestral Uncompahgre Uplift in the
late Paleozoic. The Paradox Formation consists of interbedded evaporites (halite, potash, and
anhydrite), dolomite, gypsiferous mudstone and carbonaceous shale.
The proposed Lionsback Village is located on a bench above the City of Moab on the east side of
the Moab -Spanish Valley and north of the Mill Creek drainage. According to Doelling et al.
(2002), there are two units identified on the subject property. One unit is the Jurassic Navajo
Sandstone Formation (Jn) and the other unit is a surficial deposit of Quaternary Eolian (dune)
sand (Qes). The Navajo Sandstone is "pale -orange to light -gray to red -orange, fine-grained,
quartzose eolian (i.e., wind-blown) sandstone; calcareous and silica cemented; fine-grained and
well -sorted; medium to massively bedded, commonly with large-scale sweeping cross -beds;
locally contains thin, gray , cherty, sandy carbonate beds; forms smooth vertical cliffs and
rounded knolls." This unit is well -cemented and forms the dominant features that the region is
famous for such as fins, massive monoliths ("slick rock" areas), rounded cliffs and domes, and
arches. The locally known "Lionsback", an undulating fin on the north edge of the property, is
composed of Navajo Sandstone, as are the many other red -colored sandstone outcrops
LB Moab Land LLC Lionsback Village geotech report
Project #06-132-GEO
Page 3 of 24
throughout the parcel. The photograph below, taken looking north in the northwestern portion of
the proposed Lionsback Village, shows a typical outcropping of the Navajo Sandstone as fins
(upper right) and low rounded surfaces poking up through the dune sand (lower left and
foreground).
ss
The deposit overlying the Navajo Sandstone throughout much of the property is Quaternary
eolian sand dunes. These Holocene (geologically recent) deposits are "well -sorted, fine- to
medium -grained, quartzose sand with silt; light red -orange to light red -brown; typically form
thin, discontinuous sheets and small dunes, and locally fill hollows; sand is derived from nearby
outcrops of Lower and Middle Jurassic sandstone formations (e.g., Wingate, Kayenta, Navajo,
Entrada); generally less than 6 feet thick, but can be up to 30 feet thick." Where stabilized by
vegetation, the eolian sand is generally at least several feet thick. However, where not protected
by vegetation, such as along disturbed areas or roads, the dune sand is thinner.
It is worth noting that the contact of the Navajo Sandstone with the older Kayenta Formation
outcrops immediately outside of the southern edge of the proposed Lionsback Village. The
Kayenta is described as orange- to red -brown, fluvial sandstone with some conglomerate
interbedded with weaker strata of siltstone and mudstone forming stepped slopes of alternating
resistant and weak layers.
Geologic Hazards
The geologic hazards of the Lionsback Village proposed development were identified during our
field investigation and by review of available publications such as Doelling et al. (2002), Hylland
and Mulvey (2003), and other publications as discussed below. According to the Hylland and
Mulvey (2003), the principal hazards in the Moab -Spanish Valley area are expansive soil and
rock, gypsiferous soil and rock, stream and alluvial -fan flooding and debris flows, collapsible
soils, soil susceptible to piping and erosion, rockfall, shallow groundwater, fractured rock, and to
a lesser extent, earthquakes, subsidence due to salt dissolution, landslides, and indoor radon. Of
LB Moab Land LLC Lionsback Village geotech report
Project #06-132-GEO
Page 4 of 24
Appendix I
Well Information for Water Well #UT10053476
(Source: Utah Division of Water Rights)
[Document begins on next page.]
nllne ry ces ' - Agency List. Business
Utah Division of Water Rights --
Select Related Information
- l -�
Search
(WARNING: Water Rights makes NO claims as to the accuracy of this data.) RUN DATE: 01/12/2010
WATER RIGHT: 05-2190 APPLICATION/CLAIM NO.: A62197 CERT. NO.: CERTIFICAT
OWNERSHIP
NAME: Utah School and Institutional Trust Lands Admin.
ADDR: 675 East 500 South, 5th Floor
Salt Lake City UT 84102
DATES, ETC.
LAND OWNED BY APPLICANT? No
FILED: 12/03/1986IPRIORITY: 02/29/1996
ProtestEnd:02/14/1987IPROTESTED: [No ]
EXTENSION: IELEC/PROOF:[Proof ]
RUSH LETTR: 'RENOVATE:
PD BOOK: [ 05- ]'MAP: [ ]
Type of Right: Application to Appropriate
aCavaaaaaasna..:.....asnaanaeaneaneaaneeneaevaanaaase.
COUNTY TAX ID4:
IPUB BEGAN: 01/O1/1987IPUB ENDED: 'NEWSPAPER: The Times -Independent
I HEARNG HLD: ISE ACTION: [Approved] IActionDate:02/27/1987IPROOF DUE: 02/28/20
I ELEC/PROOF:01/05/2000ICERT/WUC: 05/04/2001ILAP, ETC: ILAPS LETTER:
IRECON REQ: TYPE: [
IPUB DATE:
Source of Info: Certificate Status: Certificate
LOCATION OF WATER RIGRT***(Points of Diversion: Click on Location to access PLAT Program.)
MAP VIEWER
FLOW: 0.015 cfs OR 1.6 acre-feet SOURCE: Underground Water Well
COUNTY: Grand COMMON DESCRIPTION: Moab
POINT OF DIVERSION -- UNDERGROUND: (Click Well ID* link for more well data.)
(1) S 689 ft W 1007 ft from NE cor, Sec 06, T 26S, R 22E, SLBM
DIAMETER OF WELL: 6 ins. DEPTH: 435 to ft. YEAR DRILLED: 1992 WELL LOG? Yes WELL ID*: 1217
Comment:
aaaeaseenavaavvr:.es.aaa.ay.:............aaasanesaanaevevaver:aaasa veaasasesaeaaQ ...........aaaemeseunaeveaeaeneaa
USES OF WATER RIGHT FLU -- Equivalent Livestock Unit (cow, horse, etc.) EDU -- Equivalent Domestic Unit or 1 Fami
SUPPLEMENTAL GROUP NO. 1367.
IRRIGATION: 0.06 acres Div Limit: 0.4 acft.
PERIOD OF USE: 04/01 TO 101
DOMESTIC: 1.0000 EDUs
Div Limit: 0.45 acft.
PERIOD OF USE: 01/01 TO 12/
OTHER: Small campground
Acre Peet Contributed by this Right for this Use: 0.75
PERIOD OF USE: 03/01 TO 10/
IAIPLACE OF USE: * NORTH WEST QUARTER • NORTH EAST QUARTER * SOUTH WEST QUARTER • 3
* NW I NE sW sE • NW • NE I SW I se NW I NE 1 SW I! SE • NW I`
Sec 06 T 26S R 22E SLBM * I ' • 0.08001 * I I I * I
OTHER COMMENTS
eeeeemvaaeemeOM=
Water Right 05-2190 is limited to an annual diversion for campground purposes
of 0.75 acre-feet.
APPLICATIONS FOR EXTENSIONS OF TINE WITHIN WHICH TO SUBMIT PROOF
FILED: 02/02/1999 IPUB BEGAN:
ProtestEnd: 'PROTESTED: [No
IPUB ENDED:
I IHEARNG HLD:
I NEWSPAPER:
ISE ACTION: [Approved]'ActionDate:07/15/1999IPROOF DUE: 02/28/20
END OF DATA
Utah Division of Water Rights I 1594 West North Temple Suite 220, P -O- Box 146300. Salt Lake City, Utah 84114-6300 I 801-538-7240
Natural Resources I IBS14Q I Ql50WI01CL [?Macy 80984 Accessblgv Pohcv
WELLPRT Well Log Information Listing
Online Services Agency List Business
Version: 2003.09.18.00 Rundate: 10/08/2003 10:00 PM
Utah Division of Water Rights
Water Well Log
LOCATION:
Search
S 600 ft W 1000 ft from NE CORNER of SECTION 6 T 26S R 22E BASE SL Elevation: fF•�t
DRILLER ACTIVITIES:
ACTIVITY # 1 WELL ABANDONMENT
DRILLER: D&H DRILLING INC
START DATE: / / COMPLETION DATE: 02/08/1992
BOREHOLE INFORMATION:
Depth(ft) Diameter(in) Drilling Method
From To
0 435
Drilling Fluid
LICENSE #: 541
Utah Division of Water Rights I 1594 West North Temple Suite 220, P.O. Box 146300, Salt Lake City, Utah 84114-6300 I 801-538.7240
Natural Resources I Contact I Disclaimer; Privacy Policy • Accessibility Policy
Exhibit 7 Public Comments received as of May 7, 2021
The following public comments have been received and are attached:
Joe Kingsley
Christina Sloan
To Whom it may concern: 4/20/2021
Why I Strongly Support Lionsback Resort
I have been a developer in Grand County since 1974. I have had the largest real estate firm in SE Utah
for many years. I personally have sold millions of dollars of properties. My firm was the major developer
of Castle Valley.
So, when I heard the gentleman from Colorado is going into a partnership with SITLA on property across
the road from the Moab City Dump to build a resort, I thought he was out of his mind! Really?? Across
from the Dump? And on top of this, there was tons of trash, abandoned vehicles, several outhouses
(cesspools, not septic tanks); this is going to cost a fortune to just clean up to code! And did I mention,
there are NO utilities available for over a half a mile! And rocky, mountainous terrain to boot!
But he has a vision of being successful by including the mindset of giving back as you move forward.
First, he proposed to have SITLA remain as a partner, so that the UT schools will benefit from the
project on a continuing basis. He might have pursued purchasing the property, but the long-term idea
of giving back was his choice. SITLA receives a 2% tax on lodging and Food & beverage in perpetuity.
Second, his team cleaned up the property over a years' time, removing several semi loads of trash and
vehicles; spending over 250 thousand dollars in restoring this piece of devastated property and bring it
back to its original clean condition! And guess what, the NIMBY Moabites love the new look and want to
punish him by now wanting to talk negative over his vision and investment in cleaning up the property!
Go figure!
Third, his vision is to give back to his neighbors as well. The utilities are designed so that the property
owners on the Sandflats Road can also connect into the various utilities from the resort! This is huge!
The Resort will have spent over FIVE million dollars just bringing todays world of living standards to all
these neighbors: electricity, water, sewer opportunities! Wow! Did the City or County offer to do this at
any time??
Fourth, he and his team early on worked with the City to include features and attributes the City staff
wanted and when the extra ideas were presented, they became part of the overall plan. For example,
the City early on expressed concern on protecting the Sand Flat aquifer area. So what did the guy from
Colorado do: he hired experts on water protection and then created a document which governs
construction and design which strongly and strictly protects the underlying aquifer! The design also
protects and preservers all the Sandflat trails and UTV routes! Even though the "noise" will be impacting
the planned high -end resort!
And lastly, this location and design will take a signification amount of "toy" traffic off the streets of
Moab! Really, I can not think of one single negative real reason to say regarding this project! Oh, did I
forget to mention both the County, City, and residents will benefit GREATLY from this high tax
generator!
Disclaimer: I have zero vested interest in this project, and I just met Mr. Jon Dwight for the first time
today 4/20/2021 at the Chamber meeting at Sandflats.
Joe D Kingsley, President, DMA International, Inc.; a Grand County resident since 1974
Christina Sloan Wed, Apr 21,
5:56 PM (13
days ago)
to planning -commission, me, Laurie, Chuck, Joel, Bill, Chris, Mallory, Abby, Mary, Cristin
City Planning Commission,
Sand Flats Road is a County B Road. While the City's 2008 pre -annexation agreement
with Lionsback and a 2008 Grand County Resolution envisioned the County conveying
Sand Flats Road to the City, that transfer has not been completed. And the County is
not obligated to transfer Sand Flats Road to the City or accept the limited improvements
to the road that the City agreed to in their various agreements with the Lionsback
developers.
Keeping that in mind, the County has reviewed the plan set titled "Project 2002-056
Sand Flats Road Improvements 2021" and requests the Developer pave the entirety of
the 4' shoulder along Sand Flats Road shown in the drawings with HMA asphalt and
and install required signage and/or paint striping to keep the proposed pathway safe. If
the Developer agrees to make these improvements, the County Road Supervisor is
willing to recommend to the County Commission that the road is ready to be conveyed
to the City.
Accordingly, we'd appreciate the Planning Commission considering the integration of
this request into its recommendation to the City Council.
Thank you -
Christina Sloan
Grand County Attorney
125 East Center Street
Moab, Utah 84532
435.259.1324
CITY OF MOAB PLANNING RESOLUTION NO. 13-2021
MOAB CITY RESOLUTION #13-2021 APPROVING THE
FINAL MPD AND PHASE ONE PLAT FOR
THE LIONSBACK DEVELOPMENT
LOCATED AND ACCESSED FROM
SAND FLATS ROAD
WHEREAS, the following describes the intent and purpose of this resolution:
A. LB Moab Lane, LLC is the developer that has partnered with the School and Institutional
Trust Lands (SITLA) to develop the Lionsback MPD that was approved in 2008 and
2009.
B. The Property located in the Sensitive Area Resort Zone. This Zone requires that projects
must be developed through the Master Planned Development Process as set forth in
Section 17.65 Master Planned Development of the Moab Municipal Zone (MMC).
C. The Lionsback MPD was approved in 2009 through the approval of a Pre-Annexation
Agreement and Development and Phasing Agreement. These are the guiding entitlement
documents for the Lionsback Project.
D. The Final MPD is consistent with the Pre-Annexation Agreement and the Development
and Phasing Agreement.
E. Some minor revisions have been made to update the project to meet the current
requirements for public infrastructure. The modifications are considered improvements to
the original plan and are necessary to better serve the health, safety and welfare of the
citizens of Moab.
F. The Final MPD and Phase One Plat were considered by the Planning Commission in a
duly noticed meeting of the Planning Commission. A Public Hearing was held on May
13, 2021.
G. After listening to Public Input and considering the Final MPD and Phase One, the
Planning Commission forwarded a positive recommendation to the City Council to
approve the applications on May 13, 2021.
H. The project, as proposed, has met the requirements and finding have been made as
required by Section 17.65.110 of the MMC.
NOW, THEREFORE, BE IT RESOLVED by the Moab City Council, that the applications for
the Final MPD and Phase one plat are hereby APPROVED by the Moab City Council.
PASSED AND APPROVED in an open meeting of the City Council by a majority vote.
SIGNED: ________________________________ DATE:___________________
Emily Niehaus, Mayor
ATTEST: ________________________________ DATE:____________________
Sommar Johnson, Recorder
4852-7140-3244
1
SUBDIVISION IMPROVEMENT AGREEMENT
(Lionsback Resort – Phase 1 – 34 Casitas)
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and
entered effective as of the ____ day of _______________, 2021 (“Effective Date”), by and
between the City of Moab, a Utah municipal corporation, acting through its City Council (“City”),
and LB Moab Owner, LLC, a Colorado limited liability company (“Developer”), as successor in
interest to LB Moab Land Company, LLC. City and Developer are individually referred to herein
as a “Party” and collectively as the “Parties.”
RECITALS
A. The State of Utah, acting by and through the School and Institutional Trust Lands
Administration (“SITLA”) is the owner of a certain parcel of real property situated in Grand
County, Utah consisting of 139.95 acres, more or less, more particularly described on attached
Exhibit “A” (the “Property”).
B. SITLA is also the owner of certain adjoining property more particularly described
on attached Exhibit “B” (the “Adjoining Property”). The Property and the Adjoining Property
collectively comprise 175 acres, more or less.
C. The Property has been annexed into the City of Moab and the Adjoining Property
is currently located in the unincorporated portion of Grand County, Utah.
D. Developer and SITLA have entered into a certain Development Agreement and
Ground Lease concerning the Property and the Adjoining Property dated as of June 6, 2006, as
amended and restated by that certain Amended and Restated Development Agreement, Payment
Agreement and Ground Lease dated as of January 1, 2018 (collectively the “SITLA Lease and
Development Agreement”) by which Developer is authorized and empowered to seek and obtain
development approvals from the City.
E. Developer has annexed the Property into the City pursuant to and in accordance
with the following documents:
i. The City of Moab Ordinance No. 2008-20 (the “Annexation Ordinance”) dated
December 9, 2008 and recorded on February 23, 2009 in Book 744, Page 407-423,
Reception No. 490726 with the Clerk and Recorder for Grand County, Utah
(“Official Records”);
ii. The Pre-Annexation Agreement dated October 28, 2008 and recorded on December
11, 2008 at Book 741, Page 749 in the Official Records (the “Pre-Annexation
Agreement”); and
iii. The Annexation Map recorded on February 23, 2009 in Book 744, Page 424,
Reception No. 490727 in the Official Records (the “Annexation Map”).
4852-7140-3244
2
F. Pursuant to the Pre-Annexation Agreement, Developer and City subsequently
entered into that certain Development and Phasing Agreement made effective as of July 28, 2009
(the “Development and Phasing Agreement”).
G. The Pre-Annexation Agreement and the Development and Phasing Agreement each
contemplate that City and Developer would enter into separate subdivision improvement
agreements for each phase of development of the Property (as well as the Adjoining Property at
such time as it is annexed into the City) in connection with the development of the mixed use resort
project known as “Lionsback Resort” (the “Project”).
H. The originally-agreed onsite and offsite infrastructure improvements for the Project
are set forth in Exhibit E to the Development and Phasing Agreement (the “Subdivision
Improvements Schedule”). The Parties desire to enter into this Agreement to: (i) reflect changes
in the phasing of the Project, as permitted by the Development and Phasing Agreement; (ii) update
the Subdivision Improvements Schedule for the Project to reflect additional commitments made
by the Developer at the request of the City; and (iii) set forth the process for construction of onsite
for the development of Phase 1 of Project, which is anticipated to include 34 single-family casitas
developed for individual sale.
AGREEMENT
NOW, THEREFORE, in consideration of the recitals cited hereinabove and the mutual
covenants and promises contained herein, the sufficiency of which is acknowledged, the Parties
hereto agree as follows:
1. Improvements. The Subdivision Improvements Schedule is updated in its entirety,
as set forth in Exhibit “C”, which is attached hereto and incorporated herein by this reference.
Developer shall furnish and install, at its own expense, the Phase 1 improvements (the
“Improvements”) described in the Subdivision Improvements Schedule.
1.1 Design and Construction. Construction of the Improvements shall be in
conformance with the plans to be prepared by Developer and reviewed and accepted by the
City’s engineer and with all policies, standards, and standards and specifications adopted
by the City in connection with the Final Master Planned Development (MPD) approval for
the Project. The City’s engineer’s review and acceptance of the plans shall not limit or
affect Developer’s responsibility for design and construction.
1.2 Testing. Developer shall employ, at its own expense, a qualified testing
company, previously approved by the City, to perform all standard testing of materials or
construction typically required by the City, and shall furnish copies of test results to the
City’s engineer.
1.3 Inspection. At all times during construction of the Improvements, the City
shall have the right, but not the duty, to inspect materials and workmanship, and all
materials and work shall conform to the accepted plans and specifications. Any material or
work not conforming to the accepted plans and the City’s published Standards and
Specifications (the “Standards and Specifications”) shall promptly be removed or
replaced to the satisfaction of the City’s engineer at the Developer’s expense. The Parties
4852-7140-3244
3
acknowledge that, as approved in the Preliminary MPD, internal streets within the Project
will be private streets designed to de-emphasize vehicular traffic, and as such will not meet
typical City standards, but instead will be governed by the final MPD approval.
1.4 Utilities. Developer shall furnish proof that proper arrangements have been
made for the installation of water, sanitary sewer, stormwater, electric,
telecommunications, and natural gas (in the event that Developer elects to provide natural
gas).
1.5 Completion of Improvements. The obligations of the Developer provided
for in this Section 1, including all Subsections hereof, shall generally be performed in
accordance with the timeframes set forth in the Subdivision Improvements Schedule in
Exhibit “C”, provided that such timeframes are not intended to be absolute and represent
likely timeframes based on current market conditions and infrastructure phasing. No
Improvements shall be deemed to be completed until the City’s engineer has certified, in
writing, that the Improvement has been completed in general conformance with the plans
therefor and have been accepted by the City.
1.6 Fees. Developer is responsible for all permit fees associated with the
construction or installation of the improvements. These fees include but are not limited to
building permit fees, grading permit fees, water license fees, water tap and meter fees and
contractor license fees.
2. Rights-of-Way and Easements. Before commencing the construction of any
Improvements herein agreed upon, the Developer shall acquire at its own expense good and
sufficient title to any necessary easements, free and clear of any liens or encumbrances, across all
third-party (non-SITLA) lands traversed by the proposed Improvements.
3. Engineering Services. Developer shall furnish, at its own expense, all engineering
services required for the Property and the Improvements.
3.1 Engineering services shall be performed by a professional engineer licensed
in the State of Utah. Such engineering services shall conform in all respects to the Standards
and Specifications.
3.2 Engineering services shall consist of, but not be limited to, survey, designs,
plans and profiles, estimates, construction supervision, and the furnishing of necessary
documents in connection therewith. All engineering plans shall be submitted for review by
and be subject to the stamped acceptance by the City’s engineer. The City’s engineer’s
review and acceptance does not relieve Developer or Developer’s engineer of the
responsibility for design and construction.
4. Acceptance. Upon written request of Developer, accompanied by documents
required by the Standards and Specifications, the City shall accept the Improvements in accordance
with then-applicable procedures, which acceptance shall not be unreasonably withheld,
conditioned or delayed. Upon acceptance, said Improvements shall become public facilities and
property of the City, except as provided in Section 4.3. Until acceptance by the City’s Engineer,
the Developer shall bear all risk of loss, damage, or failure to any of the Improvements. Pursuant
4852-7140-3244
4
to the Development and Phasing Agreement, paragraph 2.14, the Developer agrees to provide a
two year warranty for all on and off-site utilities until the day of acceptance by the City’s Engineer.
4.1 If requested by Developer, portions of the Improvements may be placed in
service when completed, but such use shall not constitute an acceptance. Until the
Improvements are accepted by the City, Developer shall be solely liable for any repairs or
replacements which, in the opinion of the City’s engineer, shall become necessary. The
City will not impose charges for construction water transported through the offsite water
improvements prior to acceptance.
4.2 The City may, at its option, issue building permits for construction on lots
for which the Improvements detailed herein have been started, but not completed. The City
shall not issue certificates of occupancy or install water meters for lots unless the
Improvements serving those lots are completed and placed in service. Any waiver of the
terms of this Agreement by the City in any particular instance shall not be deemed a waiver
of such terms in any subsequent instance. No delay in enforcement of the terms of this
Agreement by the City shall be deemed a waiver of the City’s rights hereunder.
4.3 Streets within the Project Area will be designed and constructed to City of
Moab construction standards, subject to any mutually agreeable waivers of such standards,
but shall be owned and operated as private roads, to be owned, managed and maintained
by Developer and a to-be-formed Project Association. The Parties acknowledge, in
furtherance of development of the Project as a pedestrian-friendly walkable community,
that private roads within the Project will be narrower than standard City streets, as
permitted by mutual agreement pursuant to Section 4.3.1 of the Pre-Annexation
Agreement.
5. Warranty. The Developer shall, at its own expense, make all needed repairs or
replacements to any Improvements that are to be dedicated to the City which, in the opinion of the
City’s engineer, shall become necessary during the two (2) year warranty period. If, within thirty
(30) days after Developer’s receipt of written notice from the City requesting such repairs or
replacements, the Developer shall not have undertaken with due diligence to make same, the City
may make such repairs or replacements at the Developer’s expense and shall be entitled to draw
upon the performance guarantee described in Section 6 either before undertaking to make such
repairs or at any time thereafter.
6. Performance Guarantee. Before starting work on the Improvements and before any
building permit is issued for any structure to be erected in the Property, the Developer shall furnish
to the City, at Developer’s expense, financial surety in accordance with the Standards and
Specifications and Utah Code Ann. § 10-9a-604.5 (2020) in the amount of one hundred percent
(100%) of the estimated costs required to complete those Improvements designated in the
Subdivision Improvements Schedule as onsite improvements.
6.1 Partial releases of the financial security are authorized as Improvements are
completed and accepted by the City. Original bond or financial guarantee amounts will be
fully released within fourteen (14) days of acceptance of the Improvements by the City.
4852-7140-3244
5
6.2 The bond or financial guarantee shall be maintained at ten per cent (10%)
of the original bond amount, as required by Utah Code Ann. § 10-9a-604.5, during the one-
year repair and replacement period referred to in Section 6.
7. Miscellaneous.
7.1 Covenants. The provisions of this Agreement shall constitute covenants or
servitudes which shall touch, attach to and run with the land comprising the Property and
the burdens and benefits hereof shall bind and inure to the benefit of all estates and interests
in the Property as applicable and all successors in interest to the Parties hereto.
7.2 Term. The term of this Agreement shall commence upon the date hereof
and shall extend until all of the commitments hereunder are satisfied. Developer may
terminate this Agreement, and may withdraw its applications for development and other
development approvals, at any time upon five days written notice that, in its sole discretion,
Developer determines that the Project will not be approved in a form satisfactory to
Developer.
7.3 Amendment of Agreement. Except as otherwise provided herein, this
Agreement may be amended from time to time by mutual consent of the original Parties or
their successors in interest in writing.
7.4 Binding Effect. This Agreement shall extend to, be binding upon, and inure
to the benefit of the Parties hereto and the successors and assigns of the respective Parties
hereto. This Agreement shall, in addition to all other remedies, be enforceable by any action
for specific performance in a court of competent jurisdiction. In the event that SITLA
should elect to terminate the SITLA Lease and Development Agreement and resume
possession of the Property, SITLA shall succeed to the rights and interests of Developer
under this Agreement, including the duties and obligations imposed upon Developer
hereunder.
7.5 Assignment. This Agreement shall be binding upon and inure to the benefit
of the successors in interest or the legal representatives of the Parties hereto. Developer
shall have the right to assign or transfer all or any portion of its interests, rights or
obligations under this Agreement to Developer’s affiliated companies, any homeowners or
property association for the Project, a legally-constituted special district, or third Parties
acquiring an interest or estate in the Property, including but not limited to purchasers or
long term ground lessees of individual lots, parcels, or of any improvements now or
hereafter located within the Property, provided that all such assignees agrees to be bound
to applicable provisions of this Agreement.
7.6 No Third Party Beneficiaries. This Agreement does not create any third
party beneficiary rights. It is specifically agreed by the Parties that: (a) the Project is a
private development; (b) the City has no interest in, responsibilities for, or duty to third
Parties concerning any improvements to the Property except to the extent the City accepts
title to the Improvements pursuant to this Agreement or in connection with site plan, deed
or plat approval, and as provided generally under City ordinances; (c) Developer shall have
4852-7140-3244
6
the full power and exclusive control of the Property subject to the obligations of Developer
set forth in this Agreement; and (d) no other persons, whether as alleged third party
beneficiaries or otherwise, shall have any right to enforce or seek interpretation of this
Agreement.
7.7 Recording of Agreement. This Agreement, including exhibits, shall be
recorded in the Official Records of Grand County, Utah.
7.8 Indemnity. Except as otherwise set forth herein, the Developer shall defend
and hold the City harmless from and against any and all claims, demands, liabilities,
actions, costs, damages, and attorney’s fees that may arise out of or result directly or
indirectly from the Developer’s actions or omissions in connection with this Agreement,
including but not limited to Developer’s improper design or construction of the
Improvements required hereunder, or Developer’s failure to construct or complete the
same. After inspection and acceptance by the City of the offsite Improve ments, and after
expiration of any applicable warranty period, this agreement of indemnity shall expire and
be of no future force or effect.
7.9 Statement of Intent and Cooperation. It is the express intent of Developer
and the City to cooperate and diligently work to implement any processes that are necessary
or appropriate under the City of Moab Municipal Code in connection with the approval
and implementation of the development of the Project in conformance with the terms and
conditions of this Agreement. The City shall cooperate with Developer in its efforts to
obtain such other permits and approvals as may be required by other governmental or
quasi-governmental agencies having jurisdiction over aspects of the Project in connection
with the development of or provision of services to the Project, and shall from time to time
at the request of Developer, attempt with due diligence and in good faith to enter into
binding agreements with any such entity necessary to assure the availability of such permits
and approvals or services. In the event of any legal or equitable act, action or other
proceeding instituted by a third Party, other governmental entity or official challenging the
validity of any provision of this Agreement, the Parties hereby agree to cooperate in
defending said action or proceeding. In the event the City and Developer are unable to
select mutually agreeable legal counsel to defend such action or proceeding, each Party
may select its own legal counsel. This Agreement shall not be interpreted to create any
third Party beneficiaries or any rights to enforcement by any person not a Party hereto.
7.10 No Regulated Public Utility Status. The Parties agree that by this
Agreement the City does not become a regulated public utility for water service and
sanitary sewer service, compelled to serve other Parties similarly situated.
7.11 No Joint Venture or Partnership. The City and Developer hereby renounce
the existence of any form of joint venture or partnership between them and agree that
nothing contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4852-7140-3244
7
7.12 Default and Remedies.
7.12.1 A Party (“Defaulting Party”) shall “default’’ under this
Agreement if it: (a) breaches any of its material duties and obligations contained
hereunder and, (b), after receiving written notice of the breach (“Notice of
Default”) from the other Party (the “Notifying Party”), fails to cure the breach
within: (i) 15 days after delivery of the Notice of Default if the breach is failure to
pay money owed to the Notifying Party, or (ii) 30 days after delivery of the notice
with respect to any other breach (or, if the breach by its nature cannot be cured
within 30 days, the defaulting party must commence the cure within 30 days after
delivery of the notice and thereafter diligently pursue the cure to completion). The
Notice of Default contemplated by this Section shall clearly state and describe: (a)
each section(s) of the Agreement which the Responding Party has allegedly
violated, (b) a summary of the facts and circumstances being relied upon to
establish the alleged violation, (c) the specific steps (“Cure Events”) that must be
undertaken to come into compliance with the Agreement, and (d) the reasonable
timeframe consistent with this Section 7.12 within which time the alleged violation
should be cured (“Cure Completion Date”).
7.12.2 Following a failure to cure the default following the applicable
Cure Completion Date, the Notifying Party may: (a) initiate an action to com pel
compliance by the Defaulting Party with this Agreement, including injunctive relief
and specific performance; (b) initiate an action to recover any damages resulting
from the breach; (c) pursue any and all other rights and remedies available under
Utah Law; (d) suspend the rights and interests of the Defaulting Patty under this
Agreement until such time as the Defaulting Party is in compliance with this
Agreement; and/or (e) take the necessary action itself to cause the obligation(s) in
default to be performed, in which case the Notifying Party may recover from the
Defaulting Party all damages as well as all costs and expenses reasonably incurred
to perform such obligation(s).
7.12.3 In addition to the foregoing remedies, in the event the Developer
has failed to cure a Cure Event that is (a) material to the terms and conditions of
this Agreement; and (b) the occurrence of which will unreasonably delay or prevent
Developer from completing its duties and obligations under this Agreement (which
material events include, by way of illustration and not exclusion, the filing of a
bankruptcy by the Developer and no accompanying plan for reorganization to
complete the Project), the City may decline to process or approve any development
applications, withhold building permits, or discontinue services provided under this
Agreement. This City may combine remedies in its discretion, and as may fit the
applicable breach. In no event shall either party be liable to the other for remote or
consequential damages derived from breach including, without limitation, lost
business opportunities or income; delay related financing costs; damage to business
reputation or goodwill; or the like.
7.12.4 The remedies shall be cumulative in nature and a Party may pursue
some or all of its remedies. In the event of any litigation arising from this
4852-7140-3244
8
Agreement, the substantially prevailing party shall collect its reasonable costs,
expenses and fees, including reasonable expert fees and attorney’s fees.
7.12.5 Personal jurisdiction and venue for any civil action commenced by
any Party to this Agreement whether arising out of or relating to this Agreement
will be deemed to be proper only if such action is commenced in District Court for
Grand County, Utah.
7.13 Governing Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Utah.
7.14 No Waiver. Failure of a Party hereto to exercise any right hereunder shall
not be deemed a waiver of any such right and shall not affect the right of such Party to
exercise at some future time said right or to enforce any other right it may have hereunder.
7.15 Mediation. Any default, dispute, difference, or disagreement hereunder
shall be referred to a single mediator agreed on by the Parties, or if no mediator can be
agreed upon, a mediator shall be selected in accordance with the mediation rules of the
American Arbitration Association. Authorized representatives of the Parties shall meet
with the mediator within thirty (30) days and endeavor in good faith to resolve the default,
dispute, difference or disagreement by agreement of the Parties.
7.16 Protest. In the event of any protest or similar legal or administrative
challenge to any development approvals under this Agreement, Developer will cooperate
with the City in providing necessary information or testimony to support the contested
approvals, and City will defend such approvals in any proceeding before the applicable
appeal authority.
7.17 Notices. All notices required or permitted under this Agreement shall be
given by registered or certified mail, postage prepaid, return receipt requested, or by hand
delivery or recognized overnight delivery service, or by telecopy (so long as the original
follows by regular mail or other form of delivery permitted hereunder within five business
days) directed to the persons at the address indicated below. Any notice delivered by mail
in accordance with this Section shall be deemed to have been duly given on the date upon
which the return receipt is executed by a representative of the Party to whom such notice
is to be given at the address specified herein. Any notice which is hand delivered shall be
effective upon receipt by the Party to whom it is addressed. If sent by overnight courier, all
notices shall be deemed delivered one business day after deposit with a recognized
overnight courier service. Any notice which is delivered by telecopy shall be effective upon
receipt by the sending Party of written confirmation of receipt by the receiving telecopy
machine at the numbers shown above. Either Party, by notice given as above, may change
the address or telecopy numbers to which future notices should be sent.
Jon Dwight
LB Moab Owner, LLC
3858 Walnut Street, Suite 104
Denver, CO 80205
City of Moab
217 East Center Street
Moab, Utah 84532
Attention: City Manager
4852-7140-3244
9
Phone: 303-223-0858
Cell: 970-708-0691
Email: jon@inventdp.com
Phone: 435-259-5121
Fax: 435-259-4135
With a Copy to:
John W. Andrews
Snell & Wilmer, LLP
15 West South Temple, Suite 1200
Salt Lake City, Utah 84101-1547
Phone: 801-257-1545
Fax: 801-257-1800
Email: jandrews@swlaw.com
With a Copy to the City Recorder:
217 East Center Street
Moab, Utah 84532
7.18 Integration. Disclaimer of Other Duties. This Agreement supersedes and
controls all prior written and oral agreements and representations of the Parties and is the
total, integrated agreement among the Parties. The Parties each disclaim any duties not
expressly set forth in this Agreement or other written agreements executed in conjunction
herewith.
7.19 Force Majeure. No Party shall be held liable for a failure to perform
hereunder due to wars, strikes, acts of God, natural disasters, or other similar occurrences
outside the reasonable control of that Party. Unless otherwise mutually agreed·,
performance by the Parties shall resume promptly upon the cessation of any act or event
constituting force majeure.
7.20 Authority. By signing this Agreement, the Parties acknowledge and
represent to one another that all procedures necessary to validly contract and execute this
Agreement have been performed and that the persons signing for each of the Parties have
been duly authorized so to do.
7.21 Captions. The captions or headings in this Agreement are for convenience
only and in no way define, limit, or describe the scope or intent of any provisions or
sections of this Agreement.
7.22 Severability. If any provision of this Agreement, or the application of such
provisions to any person or circumstance, shall be held invalid, the remainder of this
Agreement, or the application of such provision to persons or circumstances other than
those as to which is held invalid, shall not be affected thereby.
7.23 Counterparts; Facsimile. This Agreement may be executed in multiple
counterparts, each of which shall be deemed to be an original and all of which taken
together shall constitute one and the same agreement. This Agreement may be executed by
electronic signature or facsimile.
4852-7140-3244
10
7.24 Schedule of Exhibits.
Exhibit Reference Document Reference
Exhibit “A” Legal Description of the Property
Exhibit “B” Description of Adjoining Property
Exhibit “C” Schedule of Improvements
[Remainder of Page Intentionally Blank; Signatures Follow]
4852-7140-3244
11
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting
by and through the Moab City Council, which has duly authorized execution, and by a duly
authorized representative of Developer, as of the Effective Date.
CITY:
CITY OF MOAB,
a Utah municipal corporation
_________________________________
ATTEST: Emily Niehaus, Mayor
____________________________________
Sommar Johnson, City Recorder
Approved as to form:
______________________________
Laurie Simonson, City Attorney
4852-7140-3244
12
ACKNOWLEDGMENT
STATE OF UTAH )
: ss.
County of )
On this ____ day of _______________, 2021, before the undersigned notary public in and
for the said state, personally appeared Emily Niehaus, known or identified to me to be the Mayor
of the City of Moab, who executed the foregoing instrument on behalf of said City and
acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
__________________________________
Notary Public for Utah
[Signatures Continue on Following Page]
4852-7140-3244
13
DEVELOPER:
LB Moab Owner, LLC,
a Colorado limited liability company
By:
Name: Jon W. Dwight
Its: Authorized Signatory
ACKNOWLEDGMENT
STATE OF UTAH )
: ss.
County of )
On this ____ day of _______________, 2021, before the undersigned notary public in and
for the said state, personally appeared ____________________, known or identified to me to be
the ________________ of LB Moab Owner, LLC, a Colorado limited liability company, who
executed the foregoing instrument on behalf of said company and acknowledged to me that said
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
__________________________________
Notary Public for Utah
4852-7140-3244
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Exhibit “A”
(Legal Description of Property)
4852-7140-3244
15
Exhibit “B”
(Legal Description of Adjoining Property)
4852-7140-3244
16
Exhibit “C”
(Schedule of Improvements)
4847-8768-6125
Page 1 of 5
SCHEDULE OF IMPROVEMENTS
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF MOAB AND LB MOAB
OWNER, LLC
(Lionsback Resort Phase 1)
General
The Lionsback Resort Project is being developed in five phases (“Phases”) plus a to be determined (TBD) hotel
phase. The required Subdivision Improvements for the Project will consist of certain onsite and offsite
infrastructure improvements. The Subdivision Improvements will likewise consist of six separate phases
(“Subdivision Improvement Phase(s)”) and will be tied to the development of the six Phases (five casita phases
and one hotel phase) for the Project. The Phases of development for the Project and the associated subdivision
improvements for the Subdivision Improvement Phases will be as described below, subject to potential future
modification of phasing as allowed by the Development and Phasing Agreement.
Phase One
Phase One Development. Phase One of the Project will consist of the following development components:
Residential Units. 34 single family lots each accommodating a casita will be platted. Developer
may elect to construct casitas on the lots or may sell them as vacant lots to third party purchasers
for future construction of the casita on that lot.
Subdivision Improvements - Phase One. Subdivision Improvements for Phase One will include the following:
1. Internal Subdivision Roads. The main access road to the Project from Sand Flats Road will be constructed.
The Phase One casita road will create a loop road to and from the main entrance road to access the thirty-four
single-family residential units proposed in this phase. An emergency access will be created between the loop
road and Hells Revenge for a secondary access point. The internal subdivision roads will remain privately
owned and maintained by the Lionsback Property Association.
2. Sand Flats Road Improvements. Certain Sand Flats road improvements will be done as part of Phase One.
This includes traffic delineator installation on the lower curve and signage as approved by the City Engineeer.
The installation of a paved surface over 6 inches of road base for a four foot shoulder on the uphill travel lane
for the limits of the previously approved eight foot dirt shoulder which the four foot shoulder replaces will be
completed in Phase 2.
3. Stormwater Management. A proposed storm drain system will be required to convey storm water through
this phase from future phases. Existing natural drainages will be utilized for storm water runoff per the
Drinking Water Source Protection Plan. Existing culverts beneath Sand Flats Road will be upgraded to convey
the one-hundred-year storm event as part of this phase and as part of the offsite improvements required along
Sand Flats Road. Culverts will be required along with shallow swales to convey stormwater runoff.
Developer will be responsible for internal stormwater management within the Project.
4. Water System. The water distribution system has been designed to City of Moab specifications and
requirements, approved by the City of Moab and Grand County (as required) and the State of Utah, and is
currently under construction. Connection to the City Water System will be made near Sand Flats Road and
the Cemetery and the lower water booster station is being constructed at the intersection of Sand Flats Road
and Oak St. An 8” water transmission line will run from the City connection to the lower water booster
station. An 8” line is being constructed from the lower booster station to a 275,000 gallon water tank being
constructed on the Lionsback property adjacent to Hells Revenge Road. The water tank will provide water
4847-8768-6125
Page 2 of 5
storage for domestic use and fire protection. A water transmission line will then connect the water tank to the
upper water booster station. A utility easement has been obtained over the Cozzens and Granite properties
and generally follows the Old Sand Flats Road alignment. The upper water booster station will distribute
water to all proposed development phases of the Project. The casita structures are planned to be sprinkled for
additional fire protection. The water system will be extended to each of the 34 casita lots in Phase One. The
water tank, lower water booster station, upper water booster station will be dedicated to the City of Moab.
The City of Moab will be responsible for maintenance of the water system. The lower and upper water booster
stations are located in Grand County.
5. Sanitary Sewer System. The Sanitary Sewer System has been designed to City of Moab specifications and
requirements, approved by the City of Moab and the state of Utah, and is currently under construction. A
connection to the City Sanitary Sewer System will be made in Oak St. between Crestview Drive and Hillside
Drive. Collection lines from each casita lot in Phase One will gravity feed to a sewer lift station along the
east side of Sand Flats Road on Lionsback property. The sewer lift station will pump waste over the crest of
the hill on Sand Flats Road and then gravity flow through an 8” line to the City of Moab connection location.
The sewer transmission lines and lift station will be dedicated to the City of Moab and the City of Moab will
be responsible for the maintenance of the system.
6. Shallow Utilities. Electric (Rocky Mountain Power), telecom lines (Emery Telecom – cable TV, internet and
telephone) will be extended and installed along the same route as the water and sewer transmission lines.
Natural gas may serve the property by connecting to an existing line serving the Shoulder’s property on Sand
Flats Road. Certain Rocky Mountain Power utility poles will be removed in the vicinity of the resort. A
separate conduit for fiber will be run between the lower booster station and the upper booster station for
communications between the two booster stations.
7. Trails and Hells Revenge. An internal trail system will be built to connect Phase One with casitas in future
phases and the future hotel. Existing and new external trails will be developed and connect to the Lionsback
property. This will include a connection to the Mill Creek Trail starting on the east side of Sand Flats Road
adjacent to the resort. A trail along the ridge to the south of the resort and a possible trail for bikes and
pedestrians paralleling Hells Revenge. A new trail is being designed and built to parallel Sand Flats Road
from the resort entrance to the Hells Revenge road exit. Hells Revenge motorized vehicle access will be
maintained. SITLA will issue an easement to Grand County allowing continued public access on the existing
Hells Revenge road.
8. Open Space. A minimum of 70% of the total area of Phase One will be designated as open space per the
SAR zoning.
9. Property Association. The Property Association will be formed prior to the issuance of the Certificate of
Occupancy for the first casita in Phase One. CC&R’s, architectural guidelines and other governing documents
will be updated and submitted to the City for review.
10. Subdivision Improvement Agreement and Final Plat. The Subdivision Improvement Agreement (SIA)
governs the Lionsback Resort Phase One (34 casitas). A new SIA will be drafted and approved for each
subsequent phase. The SIA for the Hotel Phase will provide that, prior to the Hotel being issued a Certificate
of Occupancy, the developer will fund the offsite sewer improvements in the Tusher/200 North area necessary
due to lack of capacity and pipe condition as previously identified by the City. The SIA for the Hotel Phase
will, in addition, contain provisions under which the City will require subsequent developers utilizing offsite
sewer improvements to proportionately reimburse Developer for its offsite sewer costs on an equitable basis,
to be more fully specified at the time such Hotel Phase SIA is entered. The Phase One Final Plat will be
completed and submitted to the City with the final Phase One SIA.
4847-8768-6125
Page 3 of 5
Updated Lionsback Phasing Table
The Phasing Table contained in the Development and Phasing Agreement is updated as follows:
Phase Development and Phasing Agreement
Exhibit C Phasing Table dated July 28,
2009
Amended Phasing Table – Phase 1
Casitas
One Hotel Facilities (50 Condo/Hotel Units,
Café. Convention Meeting Rooms, Health
Club, Bike Shop)
34 Single-family Lots
Water Tank
34 Single-family lots
Water Tank, lower water booster station,
upper water booster station, sewer lift
station
Two 29 Single-family lots 53 Single-family lots
Three 52 Single-family lots 38 Single-family lots
Four 33 Single-family lots 35 Single-family lots
Five 40 Single-family lots
18 Employee/Workforce Housing Units
Service Facility
Storage Facilities
28 Single-family lots
18 Employee/Workforce Housing Units
Service Facility
Storage Facilities
Hotel –
Phasing
TBD
Hotel Facilities (50 Condo/Hotel Units,
Café. Convention Meeting Rooms and
wedding venue, Health Club, Bike Shop);
offsite sewer improvements in the
Tusher/200 North area necessary due to
lack of capacity and pipe condition as
previously identified by the City.
4847-8768-6125
Page 4 of 5
Table of Subdivision Improvements
Subdivision
Improvement
Who designs and pays for the
design of this improvement
Who constructs and pays to
construct this Improvement
Who maintains and pays to
maintain this Improvement
Phase Who Owns the
Improvement
Offsite Roads –
Sand Flats Road
Developer designs upgrades to
SFR consistent with Section
4.3.3.2.A of the Pre-Annexation
Agreement and as amended by the
Phase I Subdivision Agreement
City reviews and approves.
Developer pays for design
Developer constructs and pays for
construction.
City or County to maintain SFR
and City or County to pay to
maintain SFR. The City or County
may establish an assessment area
to generate funds to provide for the
maintenance cost of SFR, which
district would include lots in
Lionsback.
Hotel Phase City or County -
TBD
Offsite Roads –
Hells Revenge
Developer designs and locates the
center line of HR. SITLA to
pursue a relocation of HR to new
alignment and vacate existing
alignment, if necessary. At this
time, it is not anticipated that
Hells Revenge needs to be
realigned for Phase One.
Developer constructs and pays for
construction of a 24-foot wide dirt
from Sand Flats that will be used
for Water Tank maintenance access
and secondary and construction
access to all phases
SITLA issues easement to Grand
County. Grand County to maintain
Hells Revenge per SITLA
easement
Phase One Project
Association under
lease from SITLA,
with easement in
favor of Grand
County.
Onsite Roads
Developer designs and City
reviews and approves. Developer
pays for design
Developer constructs and
Developer pays for construction
Project Association to maintain.
Project Association to pay to
maintain
Each Phase Project
Association,
subject to public
access easements
to City for utility
maintenance.
Onsite Shared
Use Path
Developer designs and City
reviews and approves. Developer
pays for design
Developer constructs and
Developer pays for construction
Project Association to maintain.
Project Association to pay to
maintain
Phase One Project
Association.
Onsite Trails
Developer designs and City
reviews and approves. Developer
pays for design
Developer constructs and
Developer pays for construction
Project Association to maintain.
Project Association to pay to
maintain
Each Phase Project
Association
Offsite Water
Facilities
Developer designs and City
reviews and approves, including
SCADA system. Developer pays
for design
Developer constructs and
Developer pays for construction.
City to maintain. City to pay to
maintain.
Phase One City
Onsite Water
Facilities,
including Water
Tank
Developer designs and City
reviews and approves. Developer
pays for design
Developer constructs and
Developer pays for construction.
Developer to provide deeded
City to maintain. City to pay to
maintain.
Each Phase.
Water tank and
upper booster
station are
City
4847-8768-6125
Page 5 of 5
easement to City for maintenance
access.
Phase One
items.
Offsite Sewer
Facilities
Developer designs and City
reviews and approves Developer
pays for design including SCADA
system
Developer constructs and
Developer pays for construction.
Connection fees to be paid at
building permit issuance for each
casita
City to maintain. City to pay to
maintain.
Phase One City
Onsite Sewer
Facilities
Developer designs and City
reviews and approves
Developer constructs and
Developer pays for construction.
Developer to receive credit for that
portion of sewer impact fees
attributable to facilities constructed
and paid for by developer.
Developer to provide deeded
easement to City for maintenance
access.
City to maintain. City to pay to
maintain. Developer to pay for any
specialty maintenance equipment
needed such as a vac trailer that
can negotiate the steep slopes.
Each Phase City
Offsite Shallow
Utilities
(eg. telephone,
power, cable,
natural gas, fiber
optics)
Developer designs and utility
providers each to review and
approve their respective utility.
Developer pays for design
Developer constructs (except
natural gas) and Developer pays for
construction
Utility provider to maintain. Utility
provider to pay to maintain
Phase One Utility Provider.
Spare telecom
conduits owned by
Project
Association
Onsite Shallow
Utilities
Developer designs and utility
providers each to review and
approve their respective utility.
Developer pays for design
Developer constructs and
Developer pays for construction
Utility provider to maintain. Utility
provider to pay to maintain
Each Phase Utility Provider
Trash Removal City to provide trash service and
charge service fee to each lot
owner, which will be included on
bills to be issued by the City to
each lot owner following
certificate of occupancy and which
will be paid by the lot owner as a
monthly fee.
Each Phase City
Page 1 of 2
May 4, 2021
MOAB CITY COUNCIL MINUTES--DRAFT
SPECIAL MEETING
May 4, 2021
Moab City Council held a Special Meeting on the above date. Consistent with provisions of
the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the 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
COVID-19 pandemic, Moab City Council held this meeting by electronic means. An audio
recording is at http://www.utah.gov/pmn/index.html; a video recording is archived at
https://www.youtube.com/watch?v=ZQOrIuJ_ju4.
Mayor Emily Niehaus called the Special Meeting to order at 6:15 p.m. Participating remotely
were Councilmembers Rani Derasary, Karen Guzman-Newton, Tawny Knuteson-Boyd, Mike
Duncan and Kalen Jones. City staff participating remotely were Manager Joel Linares, Assistant
Manager Carly Castle, Attorney Laurie Simonson, Finance Director Ben Billingsley, Engineer
Chuck Williams and Recorder Sommar Johnson.
UDOT Proposed Transit Service—Presentation and Discussion
Assistant City Manager Castle introduced the discussion regarding a transit pilot program,
which included guests Jason Miller and Jon Nepstad of Fehr and Peers, consultants for the Utah
Department of Transportation (UDOT), and Monte Aldridge and Jeff Sanders of UDOT. Mr.
Miller presented details on transit models for a pilot project to be funded by UDOT with
eventual cost-sharing between Moab City and Grand County. Engineer Williams briefly
presented anticipated costs for the City’s participation in the program, including personnel,
branding and education, vehicle storage and bus stop infrastructure. Mayor Niehaus asked
whether the goal of the transit system is to solve for traffic congestion or parking congestion.
Mr. Aldridge stated UDOT’s goal is to solve for vehicular congestion. Mayor Niehaus brought up
a prior proposal for a hop-on-hop-off bus on Main Street. Councilmember Jones inquired about
the possibility of a downtown loop. Councilmembers indicated they were favorable to Option 4.
Councilmember Duncan stated he likes the flexibility of the option. Councilmember Knuteson-
Boyd emphasized the real need for a transit system yet she indicated she wants more
infrastructure considerations addressed prior to the agreement. Councilmember Guzman-
Newton noted she is excited about Option 4 and keeping large personal vehicles and trailers
parked at lodging facilities. She also brought up the need for trailer parking, getting the County
and Travel Council involved, and including vehicle maintenance in the Request for Proposals
(RFP). Mayor Niehaus concurred about County and Travel Council involvement.
Councilmember Derasary agreed about the need for information regarding City costs. She stated
she was in favor of moving as many people as possible, likely using busses. She anticipated a
discussion about a shared transit and bicycle lane. Councilmember Jones stated his interest in
solving for congestion and contracting with a turnkey vendor. He noted the nature of the pilot
would resolve issues encountered during the outset of the program. Engineer Williams stated
transit stops between 100 South and 100 North on Main Street would not be appropriate, and
costs for bus stops would be around $2,000 per stop. Mayor Niehaus mentioned downtown
trees for shade and Councilmember Guzman-Newton suggested hotels could provide shade
structures for guests. Mr. Aldridge stated UDOT would not implement a transit pilot without the
City’s involvement. Councilmember Duncan reiterated the need for County involvement.
Arches National Park Timed Entry System Joint Letter—Approved
Presentation: Councilmember Derasary introduced the topic of a joint letter from the City,
the County and the Town of Castle Valley to request implementation of a timed-entry program
Page 2 of 2
May 4, 2021
for Arches National Park. She said it had been a year since the last such joint request and
expressed her interest in approving an updated request. She cited examples of successful timed-
entry programs at other parks and gave reasons why it could be beneficial to the local economy
and tourist experience.
Motion: Councilmember Jones moved to approve a joint letter to the National Park Service to
implement a pilot timed entry system. Councilmember Duncan seconded the motion.
Discussion: Councilmember Jones presented more information about the reservation system
user interface and noted he had become aware of overwhelming crowds at Arches.
Councilmember Guzman-Newton asked about capacity and other administrative details
including whether tours and busses were subject to the timed entry system, and indicated she
needed more information before she could support the letter. Other discussion ensued regarding
details of the timed entry program.
Vote: The motion passed 4-1 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and
Duncan voting aye and Councilmember Guzman-Newton voting nay.
Workshop Regarding Proposed Fiscal Year End 2022 Budget
Finance Director Billingsley brought up the City’s budget, commenting that the revenue streams
support the City’s immediate expenses but do not generate support for long-term infrastructure
projects. He raised the subject of a proposed municipal property tax and presented an overview
of the history of the City’s property taxation and revenue streams, including proposals by the
City to exempt a portion of residential property values, efforts to garner funds from gross
business licensing and tourist lodging, actions by the state legislature to limit local use of sales
tax revenues, and more. Billingsley mentioned other Utah communities that fund specific
budget areas such as law enforcement with a property tax. He suggested local uses for a property
tax, including infrastructure maintenance, bolstering the fund balance, and citizen priorities
such as increased law enforcement, sustainability projects and other potential expenses. He
described the proportion of potential tax revenue from commercial, residential, second-home
properties and other properties and he outlined possible elements of a public information
campaign. He laid out a timeline of steps to abide by Truth in Taxation procedures in the event
the Council planned to move forward with enacting a municipal property tax. At Mayor Niehaus’
request, Billingsley also described the method by which the tax would be collected from property
owners. The Mayor asked for any dissent to the process by Councilmembers, and there was
none. Councilmember Derasary asked at what point the financial goal of the tax would be
determined. It was clarified that the proposed threshold would be announced and then the final
amount would be determined in August, coinciding with the deadline for candidates to run for
Council and Mayor. Discussion ensued regarding the potential threshold amount.
City Manager Linares Market on Center would resume on Thursdays.
Adjournment: Councilmember Jones moved to adjourn. Councilmember Guzman-Newton
seconded the motion. The vote to adjourn was unanimous and Mayor Niehaus adjourned the
meeting at 8:02 p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
Page 1 of 4
May 11, 2021
MOAB CITY COUNCIL MINUTES--DRAFT
REGULAR MEETING
May 11, 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 7:01 p.m. Participating were Councilmembers Karen Guzman-Newton, Tawny
Knuteson-Boyd, Rani Derasary, Mike Duncan and Kalen Jones. City staff participating were
Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson, Recorder
Sommar Johnson, Police Chief Bret Edge, Engineer Chuck Williams, Finance Director Ben
Billingsley, Deputy Recorder Kerri Kirk and Public Works Director Levi Jones. A video
recording is archived at https://www.youtube.com/watch?v=7_Yh2le5XBc.
Public Hearing on the City of Moab's Fiscal Year 2021-2022 Budget: Mayor Niehaus
opened a public hearing regarding the City’s proposed budget. There were no comments.
Public Hearing on a Pay Plan Schedule: Mayor Niehaus opened a public hearing
regarding Proposed Ordinance 2021-11: Adopting the Pay Plan Schedule and Appointed/
Exempt and Elected Salaries. There were no comments.
Citizens to be Heard: There were no Citizens to Be Heard.
Administrative Reports:
City Manager Linares reported that City Hall would reopen June 1 with masks required. He
announced a $150,000 State grant received by the Moab Arts and Recreation Center (MARC) to
defray costs associated with heating and cooling system upgrades as well as other projects.
Police Chief Edge relayed progress on hiring new staff. He also mentioned progress on trainings
on Use of Force as well as for sound meters. He concluded by stating he would be working patrol
shifts over the Memorial Day weekend. Councilmember Guzman-Newton asked for updates on
typical calls and Chief Edge replied that nothing unique was trending regarding the nature of the
dispatch calls. Councilmember Jones thanked Chief Edge for his service and willingness to work
patrol shifts. Jones asked if masking conflicts were the subject of police calls and Edge said no,
and City Manager Linares added the mask mandate was also not an issue at City Hall.
Engineer Williams reported on the Highway 191 widening project, saying it would not be
completed until July or August and the new lanes would be closed on weekdays for the near
future. He also reported on construction at the new Utah State University (USU) campus,
Lionsback resort utilities installation and pending transportation plans. He requested a letter
regarding the Council stance on excluding a bypass from Utah Department of Transportation
(UDOT) plans and concluded with brief mentions of water projects and a speed limit workshop.
Councilmember Duncan asked about a mentioned water workshop.
Public Works Director Jones reported on recent activities including water line and hydrant
replacements, street patching, pavement striping and tree trimming. He stated staff continued
to work sanitizing facilities due to COVID-19 and announced the heating and cooling upgrades
at the MARC were nearly complete. He mentioned staff work reorganizing office spaces,
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May 11, 2021
maintenance at Walnut Lane and on the City’s automotive fleet and concluded with a report on
staff work on the new Bike Skills Park restroom and drinking fountain. Mayor Niehaus praised
the work on the restroom and Councilmember Guzman-Newton asked if businesses would be
disrupted due to the water valve work included in the Highway 191 widening project.
Assistant Manager Castle reported on Hotspot funding and a planned presentation with the
UDOT consultants to the County Council. Discussion ensued regarding plans for an agreement
with the County regarding the proposed Hotspot transit plan.
Mayor and Council Reports:
Mayor Niehaus reported she attended a State Water Quality Board meeting and noted her term
ends in August; Assistant Manager Castle stated she would be applying for a seat on the board.
Mayor Niehaus announced she had received a call from state senator Bramble thanking the City
for enacting a local noise ordinance to deal with Off-Road Vehicles (ORVs) on City streets. The
Mayor also mentioned other activities such as tree planting on Arbor Day and she asked
Councilmember Jones about the prospects of integrating a community composting program into
the Solid Waste District operations. Councilmember Jones stated the District had allocated
funds for a consultant to study the options. Mayor Niehaus also referred to the Unified
Transportation Plan and stated she anticipates a lot of local planning to come. She concluded
with a mention of a visit to Moab by UDOT leadership.
Councilmember Derasary reported on a board meeting of the Grand County Emergency Medical
Services Special Service District (EMS). She noted a concerning increase in call volumes and
detailed the nature of the calls. She stated the new EMS building is under construction, a study
of staffing needs is underway, EMS staff members are vaccinated against COVID-19, and staff
have been responding to COVID-related calls and transporting COVID patients.
Councilmember Duncan reported he had been collaborating with County Commissioner Kevin
Walker regarding remote noise sensors. He praised new staff for their ability to “hit the ground
running,” and cited Sustainability Director Mila Dunbar-Irwin, Finance Director Billingsley and
Assistant Manager Castle.
Councilmember Knuteson-Boyd reported on the recent meeting with UDOT leadership and
stated she felt they had not yet heard residents’ sentiments. She said the meeting was beneficial
and the UDOT officials seemed interested. City Manager Linares added he had followed up with
one of the officials, who had several questions about the City budget.
Councilmember Guzman-Newton reported on an upcoming Chamber of Commerce “Chamber
Chat” on the current workforce shortage. She added business owners, more than ever before, are
concerned about housing. Guzman-Newton also reported on a meeting of the Airport Board and
said Canyonlands Field would receive $1 million of federal funding for operations. She said
enplanements are up and, due to the increasing number of private jets, fuel data is up 57
percent. She noted the ribbon cutting for the new Delta service to Salt Lake City and concluded
with a mention of her enthusiasm for a “land use 101” course for planners.
Councilmember Jones reported the Solid Waste District acquisition of Monument Waste is
complete, and noted staff morale is high and operations are proceeding as normal. He said the
Housing Task Force is examining its role for the coming year, including the role of
transportation solutions in the overall affordability of living. He stated Sand Flats Director
Andrea Brand made a presentation to Travel Council regarding ORV data. She said ORVs
passing through the booth are 40 percent private, 26 percent rentals and 34 percent tours or
holders of Special Recreation Permits. Jones said Brand reported a 37 percent increase in
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May 11, 2021
visitation to Sand Flats between 2019 and 2021 and that infrastructure improvements were
planned. Jones mentioned a forthcoming traffic study regarding Lionsback as well as a potential
seasonal relocation of the Mill Creek Power House parking to Potato Salad Hill. He concluded
with a mention of imminent rail service departing and arriving at a siding near the Moab Giants
museum.
Approval of Minutes:
Motion and Vote: Councilmember Jones moved to approve the minutes for the April 27, 2021
Regular Meeting. Councilmember Duncan seconded the motion. Councilmember Derasary
stated she had sent corrections to the Recorder. The motion passed 5-0 with Councilmembers
Derasary, Jones, Guzman-Newton, Knuteson-Boyd and Duncan voting aye.
Old Business:
Bird Scooter Temporary Operating Agreement—Tabled
Presentation: Assistant Manager Castle briefed Council on the proposed electric scooter
rental business options. She considered whether the City was legally compelled to allow rental
operators and said the state legislature enacted a law in 2019 that specified municipalities may
not impose any unduly restrictive requirement on a scooter share operator and banning such
operators was not allowed. Councilmember Jones asked if the legislation was enacted after the
introduction of scooter share operators in Salt Lake City, and Castle confirmed that it was. She
then explained options for regulating such operations, including by ordinance, by contracting
with a pilot temporary operating agreement or by requesting competitive proposals from
bidders. She stated two vendors have approached the City. She presented pros and cons for the
different options and detailed some of the statutory provisions, which limit the City’s authority
to regulate electric scooter share operators. Payment method requirements were discussed. Best
practices gleaned from other municipalities were briefly presented. Discussion ensued regarding
negotiations with the proposed vendor, including scooters in the Unified Transportation Plan,
clarifying use of scooters on pathways or sidewalks, as well as parameters to set goals, measure
success and study demographics of users (tourists or local residents). Council agreed to table the
proposal in view of development of the transportation plan, researching such programs in other
municipalities and ensuring opportunities for public input.
Motion and Vote: Councilmember Derasary moved to table the proposed Bird Scooter
Temporary Operating Agreement. Councilmember Duncan seconded the motion. The motion
passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-
Newton voting aye.
Budget Workshop:
Manager Linares introduced the workshop and indicated the Engineering and Public Works
Departments have “shovel ready” projects depending on funding levels. Finance Director
Billingsley stated the City’s frugal budget has no room for investment in infrastructure. He
stated his goal to have revenue streams that are predictable, sustainable and sufficient. He
talked about elements of the City’s fiscal outlook and mentioned the fund balance, the recent
infusion of revenue from the Coronavirus Aid, Relief, and Economic Security (CARES) Act and
the City’s debt service ratio. He gave an example of how much similarly sized cities spend on law
enforcement, and indicated that Moab spends exponentially more due to the nature of the resort
community. Discussion with Council and staff included an explanation of the process and steps
for introducing a proposed municipal property tax, residential tax rates and the difference
between market value and taxable value, and various tax relief mechanisms, which Billingsley
explained were posted on the County’s website. Councilmember Jones asked about overhead
costs related to the County collecting the tax and Billingsley stated he did not believe there
would be any overhead costs.
Page 4 of 4
May 11, 2021
Consideration of Exceeding Certified Tax Rate—Approved
Motion: Councilmember Derasary moved to proceed with consideration of exceeding the
certified tax rate for fiscal year 2021 through 2022 in an amount not to exceed $3.3 million, to
be used to support increased funding for law enforcement and general infrastructure
improvements. Councilmember Jones seconded the motion.
Discussion: Councilmember Knuteson-Boyd clarified that the vote would establish that $3.3
million is a threshold which cannot be exceeded, yet the final mil could be determined to be a
lower amount. Mayor Niehaus added that the final number would be developed with public
input. Councilmember Guzman-Newton emphasized that consideration of a property tax would
be a very difficult decision which could further affect renters in an already-prohibitive housing
market. Councilmember Duncan reiterated that the proposed property tax would require
adequate popular support.
Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye.
Closure of Public Hearings:
Motion and Vote: Councilmember Jones moved to close the public hearings. 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
public hearings at 8:58 p.m.
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 $413,296,04. 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:
Motions and Votes: Councilmember Derasary moved to enter an executive closed session to
discuss the Character, Professional Competence, or Physical or Mental Health of an Individual
or Individuals. Councilmember Duncan seconded the motion. The motion passed 5-0 aye with
Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye.
The Mayor and Council entered the executive closed session at 9:01 p.m. Councilmember
Derasary moved to close the Executive Closed Session. Councilmember Knuteson-Boyd
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 11:31 p.m.
City Manager Administrative Leave—Approved
Motion and Vote: Councilmember Derasary moved to place the City Manager on paid
administrative leave while the City Council conducts an employee assessment. Councilmember
Duncan seconded the motion. The motion passed 5-0 aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye.
Adjournment: Councilmember Derasary moved to adjourn the meeting. Councilmember
Guzman-Newton seconded the motion. The motion passed unanimously and Mayor Niehaus
adjourned the meeting at 11:33 p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
Page 1 of 6
May 25, 2021
MOAB CITY COUNCIL MINUTES--DRAFT
REGULAR MEETING
May 25, 2021
The Moab City Council held its Regular Meeting on the above date. An audio recording of the
meeting is archived at http://www.utah.gov/pmn/index.html. A video recording is archived at https://www.youtube.com/watch?v=ScaKU_PLaug.
Call to Order and Attendance: Mayor Niehaus called the meeting to order at 7:02 p.m.
Participating were Councilmembers Karen Guzman-Newton, Tawny Knuteson-Boyd, Mike
Duncan and Kalen Jones. Councilmember Rani Derasary participated by telephone. City staff in
attendance were Acting City Manager Carly Castle, Attorney Laurie Simonson, Recorder
Sommar Johnson, Engineer Chuck Williams, Finance Director Ben Billingsley, Administrative
Assistant Kelley McInerney, Planner Nora Shepard and Parks, Recreation and Trails Director
Annie McVay. Mayor Niehaus led the Pledge of Allegiance. Six members of the public attended.
Citizens to be Heard: Recorder Johnson stated there were nine online comments, which are
archived at https://moabcity.org/151/City-Council.
Theresa King let the Council know that the annual Moab Arts Festival was cancelled this year,
for the second year in a row. She said staff attrition contributed to the decision, which has been
held most years since 1993. She expressed her interest in the future of the Arts Festival.
Administrative Reports:
Acting Manager Castle presented brief updates on COVID-19 and other topics. Engineer
Williams answered questions about the Highway 191 widening project and briefed Council on
progress regarding the Unified Transportation Plan. Finance Director Billingsley presented
information about the City budget and revenues and he briefly introduced the upcoming audit.
Attorney Simonson updated Council on developments regarding E-Bikes on paved pathways.
She noted the TrailMix committee recommended to the County a one-year trial for E-Bikes on
paved pathways north of City limits. Discussion ensued regarding the desire to have unified
regulations across jurisdictions.
Mayor and Council Reports:
Mayor Niehaus reported on a meeting of the Utah League of Cities and Towns (ULCT) regarding
federal monies available for infrastructure and growth. She said ULCT would be hiring an
advisor for jurisdictions to aide in securing the federal funds. She mentioned a Get Out the Vote
campaign for youth that involved a contest, which, if won by a local person, would entail
mentorship on the part of the City’s leadership. In addition, she indicated she had heard
concerns from business owners regarding dining parklets. She mentioned a “Running as
Medicine” event hosted by the Salt Lake Air Protectors, an indigenous group that staged a
running event from Bears Ears National Monument to Salt Lake City. She brought up recent
news about Silverton, Colorado and their recent actions regarding Off-Highway Vehicles (OHVs)
on their city streets. Mayor Niehaus mentioned the launch of the movie nights in the park. She
concluded with mention of a meeting with Dan Hemmert from the Governor's Office of
Economic Development at which housing was the main topic of discussion.
Councilmember Derasary reported she met online with Joette Langianese, Mary McGann and
Ike White, Acting Assistant Secretary for the Office of Environmental Management at the
Department of Energy about the Moab Uranium Mill Tailings Remedial Action (UMTRA)
Project. Among other topics, she reported that the Office of Management and Budget is
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May 25, 2021
supportive of the project given its record of accomplishment and efficiency, particularly under
current Federal Cleanup Director Russell McAllister. She said they are anticipating the project
will get equal if not increased funding this year. Derasary also mentioned eventual site closure
considerations as discussed with White and McAllister.
Councilmember Duncan reported he is writing a phone app for measuring decibel levels for
vehicles. He mentioned he would serve as the chair of the Moab Area Watershed Partnership
after his City Council term ends. Councilmember Guzman-Newton asked about water levels in
Kens Lake and Councilmember Duncan stated it was lower than last year and limiting irrigation
is a common practice.
Councilmember Knuteson-Boyd reported on a meeting of the Housing Task Force. She said the
local public housing facilities have wait lists and the housing crisis continues. She noted there
are still glitches regarding Arroyo Crossing construction but they are not insurmountable. She
mentioned a meeting of the Canyonlands Care Center Special Services District and noted their
recent audit. She said there have been more in-person visits to patients at the Care Center,
which enriches the lives of the patients, and noted no residents have contracted COVID-19.
Knuteson-Boyd also reported on the Museum and said a quilt show is currently accessible by
appointment. She added there are new board members, new programs proposed and
outstanding school programs.
Councilmember Guzman-Newton stated the School District’s Key Leader board had resumed
meeting and discussed intergenerational poverty. She noted online schooling shortfalls were a
concern throughout the community. She said the County was interested in helping to fund the
school resource officer position formerly underwritten by the City. Guzman-Newton also
mentioned the Chamber of Commerce “Chamber Chat” at which the workforce shortage was
discussed, focusing on housing issues. She said travel trailers and accessory dwelling units were
brought up with regard to workforce housing. She also mentioned House Bill 433, which could
provide active transportation monies from the Utah Department of Transportation (UDOT), as
well as a webinar she attended the explained details of the American Rescue Plan Act. Mayor
Niehaus stated there would be three years to spend the funds.
Councilmember Jones reported on activities of the newly named Canyonlands Solid Waste
Authority (CSWA) and mentioned recycling bins may change color. He said he attended a Dark
Skies meeting along with the City’s Sustainability Director and noted two and a half years
remain until the new lighting ordinances take effect. Jones concluded with a mention of a Zoom
Town Hall he hosted with County Commissioner Kevin Walker and said a small yet passionate
group attended and mainly talked about housing and transportation.
Special Events:
Scots on the Rocks Special Event Permit—Approved
Presentation: Administrative Assistant McInerney presented the application to Council for a
Special Event Permit for Scots on the Rocks. She stated the event would be held in September
and more than 300 persons per day were expected to attend the event.
Motion: Councilmember Jones moved to approve the 2021 Scots on the Rocks Event to be held
in the City of Moab at the Center Street Ballparks. Councilmember Knuteson-Boyd seconded the
motion.
Discussion: Councilmember Duncan said the change of venue was requested because it is less
windy in the City than at the Spanish Trail Arena. Councilmember Knuteson-Boyd asked about
the request for a parade, and McInerney explained the parade application would be handled
separately, and there were concerns about whether City law enforcement and public works staff
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May 25, 2021
could manage a staff-intensive parade. Councilmember Derasary thanked McInerney for her
work on the request and brought up a concern about dogs. McInerney explained that there were
a few pets planned to be “exhibits” at the event and that organizers will issue strong wording to
participants about the prohibition of dogs at the event and the danger of leaving pets in cars.
Vote: The motion passed 5-0 with Councilmembers Derasary, Jones, Guzman-Newton,
Knuteson-Boyd, and Duncan voting aye.
Old Business:
Pay Plan Schedule and Appointed/Exempt and Elected Salaries—Approved
Presentation: Acting Manager Castle referred to the public hearing held to obtain citizen
input regarding the proposed pay plan schedule. She said a 1.8 percent Cost of Living
Adjustment (COLA) has been proposed with no other changes. She said the City staff had been
reduced by three full-time equivalent employees (FTEs).
Motion and Vote: Councilmember Duncan moved to approve Proposed Ordinance #2021-11
– Adopting the Pay Plan Schedule and Appointed/Exempt and Elected Salaries. Councilmember
Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary,
Knuteson-Boyd, Duncan and Guzman-Newton voting aye.
2050 Moab & Spanish Valley Regional Transportation Plan—Approved
Presentation: Engineer Williams asked for a letter from Council to UDOT supporting the
2050 Moab & Spanish Valley Regional Transportation Plan. Councilmember Duncan brought
up business owner concerns regarding potential loss of parking on Main Street. Williams stated
that, to his knowledge, there was nothing in the plan that would result in removal of parking on
Main Street. Councilmember Guzman-Newton expressed her disappointment that the plan
omits the bypass option. She cited congestion, safety and quality of life issues that are not going
to be resolved without a bypass. She added it was shortsighted and regressive. Councilmember
Jones thanked her for her comments. Councilmember Knuteson-Boyd disagreed and said the
letter was non-binding and the bypass option as presented in the plan was not a good proposal.
Knuteson-Boyd stated another Council could bring the plan for a bypass forward.
Councilmember Guzman-Newton said she supports everything in the plan except for the
omission of a bypass. Councilmember Derasary brought up verbiage in the letter regarding
consideration of budget implications and more planning to consider further options for the
downtown area and transportation. Mayor Niehaus indicated the Unified Transportation plan
will consider these things. Councilmember Duncan stated that he could support a bypass if it
could be reasonably quiet, owing to tunneling and construction of sound barriers, and extending
farther south than proposed, although he conceded that such an option would come with too
great a cost. He expressed his doubt that UDOT would support such an expensive project.
Motion: Councilmember Jones moved to approve the Mayor signing a Letter of Support for the
Moab & Spanish Valley 2050 Regional Transportation Plan dated May 4, 2021 that is in general
concurrence with the Draft Letter of Support and Council comments from tonight’s meeting.
Councilmember Duncan seconded the motion.
Discussion: Councilmember Jones thanked City and UDOT staff and noted the bypass
discussion dominated all of the committee discussions. He expressed his interest in integrated
planning efforts in the future.
Vote: The motion passed 4-1 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and
Duncan voting aye and Councilmember Guzman-Newton voting nay.
New Business:
Award of a Drilling Contract—Approved
Motion: Councilmember Jones moved to award the contract for drilling the new replacement
well No. 12 to Beeman Drilling in the amount of $318,720.00. Councilmember Guzman-Newton
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May 25, 2021
seconded the motion.
Discussion: Councilmember Duncan asked if there would be any scientific data collected at
the time of the drilling. Engineer Williams briefly described tests that would be conducted.
Councilmember Duncan stated such tests could help to allay the controversy regarding the
region’s aquifers.
Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye.
Zoning Map Amendment—Failed
Presentation and Discussion: Planner Shepard presented Proposed Ordinance 2021-
06: An Ordinance Approving a Zoning Map Amendment for Property located at
Parcel #01-0001-0173, approximately 398 Kane Creek Blvd, Moab UT 84532,
amending the subject parcel zone from RA-1 Residential-Agricultural Zone, to R-3
Multi-Household Residential Zone. She stated the subject parcel was approximately ten
acres and the adjacent properties in the RA-1 zone are all on septic. She stated the parcel has
frontage on Kane Creek Boulevard. She noted the request was for a rezone only and no site plan
was submitted. She clarified that any development would require sewer hookup and utilities, the
cost of which would be borne by the developer. Shepard explained the purpose of the RA-1 zone
is to provide a location where residential development associated with limited numbers of
livestock can be maintained and is characterized by large lots or tracts of land interspersed by
dwellings, barns and etc. She continued that builders and developers of property should bear in
mind, therefore that primacy is given in this zone to residential development and that the
raising of animals and fowl will likely be curtailed as residential development takes place. She
added that the zone is historically lower density and is currently not served by sewer. Shepard
then described the R-3 Multi-Household Residential Zone as that which provides appropriate
locations within the City for high density residential development generally located in the
central part of the City adjacent to commercial areas where the impact of vehicular traffic and
parking is compatible with adjacent use of land characterized by more compact development
and higher volumes of traffic. She said owners and developers of property should bear in mind
that primacy is given to multi-household dwellings, boarding houses, rest homes and other
high-density residential uses.
It was explained that the current RA-1 zone allows for Planned Unit Developments (PUDs)
which specify clustered development leaving open space. Shepard stated PUDs are allowed
on parcels that are more than five acres and the intent of it is to cluster development and leave
larger chunks of open space. She said the allowable density is six dwelling units per acre up to
a maximum of eight units per acre with a deed-restricted affordable housing density bonus.
After discussion, it was pointed out that townhomes are allowed in an RA-1 PUD.
It was explained that the Planning Commission made a positive recommendation for approval of
the zoning change in a vote of 4-1 aye based on a desire to provide more affordable housing.
Shepard outlined options for Council to move forward.
Councilmember Duncan asked about the potential impacts of sewer and road egress and
Shepard stated there was no site plan submitted, so those items need to be addressed.
Councilmember Derasary stated there is no guarantee this potential dense development would
serve the needs of Moab. Derasary stated she did not believe the original RA-1 zoning was zoned
in error. She said the current zoning allows for the possibility for a lot of additional housing.
She said she could not see how the proposed upzone is consistent with the housing around it to
change it to R-3. She added that she is not convinced that long-term sewer costs won’t impact
the City’s ratepayers. She concluded by stating she is opposed to the rezone request.
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May 25, 2021
Councilmember Knuteson-Boyd concurred and said there is no promise of affordable housing.
She said she is not willing to upzone without assurances and added there is no ability to ask for
assurances.
Councilmember Duncan stated he needs more clarification. He said that a PUD could be
considered within the current zoning and he stated his inclination to deny the rezone request.
He said that in the current zone with a PUD, it could be possible to build approximately 70
units. He added that bicycle trails connecting the Mountain View Subdivision to downtown
could be included in a PUD with the right site plan.
Councilmember Jones stated the need for more housing. He said it is a location with good
pedestrian access and abuts a significantly wide road. He added it is well situated for low-impact
biking and walking, and density within City limits will help to pay for the Waste Water
Treatment Plant. He stated that, while there would be challenges to the sewer service, adding
density near downtown is appropriate. He added that, even though there's no guarantee the
bike path challenges can be solved, he is hopeful that with the unified transportation plan, non-
motorized pathways including along the Pack Creek riparian corridor and floodway, which is
not readily developable, might be accommodated by a developer. He said the rezone request was
controversial but he supports it and he recommended changing the land use code to ensure
more affordable housing.
Councilmember Guzman-Newton agreed with Councilmember Jones. She said the affordable
housing issue was a leading concern throughout the West. She stated her support of changing
the zoning to allow for more dense housing opportunities. She mentioned active transportation
opportunities related to the site and stated her support for the upzone.
Mayor Niehaus, Planner Shepard and Attorney Simonson clarified that a PUD in the RA-1 zone
allows for townhomes and Mayor Niehaus said that option was promising.
Councilmember Guzman-Newton brought up the recent discussion about a proposed property
tax and noted increasing density would assist in raising funds. Guzman-Newton asked for
clarification regarding sewer improvements and Engineer Williams replied the developer pays
for all sewer improvements plus all utilities. Councilmember Jones asked if the motion were to
be denied, would findings need to be clarified, and Attorney Simonson explained the
deliberations of the Council would serve the purpose. Planner Shepard said that the rezone
request is a discretionary decision of the Council. Attorney Simonson reiterated the approval
criteria. Councilmember Guzman-Newton asked for assurance that the developer pays for all
utilities. Councilmember Jones asked for clarification regarding findings and deliberation and
Attorney Simonson affirmed the deliberation will serve the purpose, and it is most helpful if the
deliberations address the code criteria.
Councilmember Duncan stated that if the developer wants denser development, the PUD allows
for an acceptable option. He cited the agricultural and riparian nature of the existing zone.
He stated that use of the PUD affords acceptable density towards that end at the same time it
maintains the agriculture and riparian aspects of that area. He asserted the existing zone was
not zoned in error. He agreed there’s a need for housing and stated that doesn't mean the zone
has to change.
Councilmember Knuteson-Boyd considered the need for housing but not with the requested
zone change. She added that there will probably be benefits derived yet there may be negative
impacts that can't be mitigated. She stated she felt Council had made a case for denial.
Page 6 of 6
May 25, 2021
Motion and Vote: Councilmember Jones moved to approve Ordinance 2021-06, an
Ordinance Approving a Zoning Map Amendment for Property located at Parcel #01-0001-0173,
approximately 398 Kane Creek Blvd, Moab UT 84532, amending the subject parcel zone from
RA-1 Residential-Agricultural Zone, to R-3 Multi-Household Residential Zone. Councilmember
Guzman-Newton seconded the motion. The motion failed 2-3 aye with Councilmembers Jones
and Guzman-Newton voting aye and Councilmembers Derasary, Knuteson-Boyd and Duncan
voting nay.
Election Administration—Approved
Discussion: Recorder Johnson clarified the ballot scanning schedule for Councilmember
Jones.
Motion and Vote: Councilmember Guzman-Newton moved to approve an Interlocal
Agreement between Utah County and Moab City for the Administration of the 2021 Municipal
Election. Councilmember Knuteson-Boyd seconded the motion. 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 bills against the City of
Moab in the amount of $158,182.63. Councilmember Guzman-Newton seconded the motion.
The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and
Guzman-Newton voting aye.
Executive (Closed) Session:
Motions and Votes: Councilmember Jones moved to enter an Executive (Closed) Session to
discuss the Character, Professional Competence, or Physical or Mental Health of an Individual
or Individuals. 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 9:25 p.m. Councilmember
Knuteson-Boyd moved to end the Executive Closed 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 ended the Executive
Session at 9:55 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 9:56 p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
Proclamation
Moab City Police Appreciation and Recognition
Whereas, there are approximately 900,000 law enforcement officers serving in communities across the United
States, including the dedicated members of the Moab Police Department; and
Whereas, the Moab Police Department plays an essential role in safeguarding the rights and freedoms of all
members of the community; and
Whereas, it is important that all residents know and understand the duties, responsibilities, hazards, and sacrifices
of our law enforcement agency, and that members of the Moab Police Department are steadfastly committed to
safeguarding life and property and protecting our community against violence and disorder, shielding the innocent
against deception, and the weak against oppression; and
Whereas, the men and women of the Moab Police Department unceasingly provide these vital public services; and
Whereas, in the past year Moab Police Department Sgt. Gerri Neumeier, officers Amanda Edwards and Travis
Clark, and former officers Larry Velasquez and Steve Risenhoover were honored by the NAACP for their actions in
2020 for peacefully resolving a difficult domestic violence situation involving a person armed with a handgun; and
Whereas, Officer Amanda Edwards, while still a first-year member of the department, was also named the 2020
Small Agency Officer of the Year by the Utah Police Chief’s Association;
Now, therefore be it resolved, that the City of Moab is proud to recognize the Moab City Police Department
officers and officials, for their outstanding service, courageous actions, and dedicated efforts every day to keep our
community safe and secure;
And asks all Moab residents to join in saluting our law enforcement officers, past and present, who, by their faithful
and loyal devotion, have dedicated themselves to preserving the rights, security, and quality of life for all of us.
Signed this 8th Day of June, 2021
Mayor Emily S. Niehaus
Moab City Council Agenda Item Meeting Date: June 8, 2021
Title: Staff Review of Municipal Speed Limits
Disposition: Discussion and possible action
Staff Presenter: Chuck Williams, City Engineer
Attachment(s): – Attachment 1 – Technical Memorandum on Municipal Speed Limits
Recommended Motion: N/A
Background/Summary: The attached memorandum addresses various regulatory and engineering bases for establishing speed limits in Utah. There is a wide range of options available to Council. These range from doing nothing, all the way to installing new speed limit signs on every street in the City excluding Main Street, which is under the jurisdiction of UDOT. Staff believes that the recommendations in the technical memorandum represent an accomplishable middle ground, and include modifications to the existing system meant to create better consistency of signage throughout the City, enhance movement and efficiency of traffic, and improve safety in our neighborhoods. There are costs associated with signage and staff will be prepared to discuss them at the Council meeting. If approved these changes would be achieved incrementally over the next budget year subject to sufficient funding. If speed limits are not a high priority issue for City Council in the short term, we could put this off until strategic planning next year, and in the meantime solicit public input regarding the issue of speed limits in the City as a part of the Unified Transportation Masterplan. If council wants to make more significant immediate citywide changes to speed limits we will have to reprioritize workloads in both engineering and public works staff, in addition to budgeting funds for installation of new signs. In any case, staff will continue collecting traffic volume data and coordinating with the Police Department to obtain radar speed data.
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Emily S. Niehaus
Tawny Knuteson-Boyd
Rani Derasary
Mike Duncan
Karen Guzman-Newton
Kalen Jones
Mayor:
Council:
Technical Memorandum on Municipal Speed Limits
Background
City engineering staff has been tasked with evaluating existing City speed limits and exploring
options for modifying speed limits on City streets. Staff has identified two bases for
accomplishing this: Utah Code and the Manual on Uniform Traffic Control Devices (MUTCD).
Taken together, these texts provide guidance and requirements for establishing speed limits,
and will be discussed and referenced in this memorandum. Some additional guidance is
provided by Utah Department of Transportation (UDOT) and Federal Highway Administration
(FHWA).
Regulatory Criteria
Subsection 2B.13(06) of the MUTCD provides two general paths for the establishment of speed
limits:
In general, the maximum speed limits applicable to rural and urban roads are established:
A. Statutorily – a maximum speed limit applicable to a particular class of road, such as
freeways or city streets, that is established by State law; or
B. As altered speed zones – based on engineering studies.
When setting speed limits on individual streets, paragraph B governs, and an engineering study
is required. Section {41-6a-603} of the Utah Code specifically requires this for municipalities:
(1) A county or municipality may determine the reasonable and safe speed limit for each
highway 1 or section of highway under its jurisdiction as specified under Title 72, Chapter
3, Highway Jurisdiction and Classification Act.
(2) Each speed limit shall be established in accordance with the provisions of Subsections
41-6a-602(1), (2), (3), and (5).
Title 72, Chapter 3 referenced in Subsection (1) defines and delineates jurisdiction for various
highway classes, including city streets (class C roads), and will not be discussed further in this
memorandum. Subsection (2) invokes four other subsections, two of which are relevant to this
discussion. These are Subsections 41-6a-602(1) and (2), which set the basis for determining
speed limits on state highways, but applies to city streets by reference:
(1) (a) The Department of Transportation shall determine the reasonable and safe speed
limit for each highway or section of highway under its jurisdiction.
(b) For each highway or section of highway, each speed limit shall be based on a traffic
engineering and safety study consistent with the requirements and recommendations in
the most current version of the "Manual on Uniform Traffic Control Devices."
1 Utah Code addresses speed limits generally on “highways”, which are defined in Section {41-6a-102}
as: “the entire width between property lines of every way or place of any nature when any part of it is
open to the use of the public as a matter of right for vehicular travel.” All instances of the term “highway”
in this memorandum should be understood to include City streets.
(c) The traffic engineering and safety studies shall include:
(i) the design speed;
(ii) prevailing vehicle speeds;
(iii) accident history;
(iv) highway, traffic, and roadside conditions; and
(v) other highway safety factors.
(2) In addition to the provisions of Subsection (1), the Department of Transportation may
establish different speed limits on a highway or section of highway based on:
(a) time of day;
(b) highway construction;
(c) type of vehicle;
(d) weather conditions; and
(e) other highway safety factors.
MUTCD Section 1A.13 further defines engineering studies:
The comprehensive analysis and evaluation of available pertinent information, and the
application of appropriate principles, provisions, and practices as contained in this Manual
and other sources, for the purpose of deciding upon the applicability, design, operation, or
installation of a traffic control device. An engineering study shall be performed by an
engineer, or by an individual working under the supervision of an engineer, through the
application of procedures and criteria established by the engineer. An engineering study
shall be documented.
It is unlikely that the City will perform traffic studies for every street in its jurisdiction. However
both the State and City set prima facie speed limits where there is no other signed speed limit.
Utah Code Subsection {41-6a-601(2)} specifies prima facie limits for three zones:
(2) Subject to Subsections (1) and (4) and Sections 41-6a-602 and 41-6a-603, the following
speeds are lawful:
(a) 20 miles per hour in a reduced speed school zone as defined in Section 41-6a-303;
(b) 25 miles per hour in any urban district; and
(c) 55 miles per hour in other locations.
Current City Code sets a single limit of 30 miles per hour in the absence of any other speed limit
sign {10.04.090(B)}.
Furthermore, MUTCD Subsection 2B.13(08) provides an option for signing area-wide speed
limits that are applicable to the entire city, a specific neighborhood, or residential area. These
potentially could be used in lieu of lowering the prima facie speed limit, or in conjunction with it.
Supplementary Considerations
Functional classification is a transportation planning and funding framework. UDOT maintains
official maps of functionally classified streets throughout the state. According to UDOT:
The Functional Classification Maps define the classes into which streets and highways are
grouped, based on their function within the overall roadway network. Because federal
funding is based on functional classification, the Functional Classification Maps also define
the federal aid system (SAFETEA-LU made collectors and above eligible for federal aid, with
local roads and minor collectors ineligible).
…
Principal arterials, including Interstates, other freeways, and other primary highways, serve
statewide travel needs through rural areas and serve major centers of activity in urban
areas. Minor arterials provide service to all developed areas of the state, including any cities
and large towns, and are spaced in urban areas to provide a balance of access and mobility
within communities. Rural collectors primarily serve travel that stays within each county and
urban collectors to provide both land access and traffic circulation within residential,
commercial, and industrial areas. Minor collectors are also designated when needed,
particularly in rural areas, to collect traffic from local roads, provide service to smaller
communities not served by arterials or collectors, and link locally important traffic generators
to the rural outskirts they serve. All other roadways not otherwise designated are considered
local roads.2
Functional classification generally considers streets in terms of access and vehicle mobility, with
an inverse relationship between those two components. Arterials, for example, will prioritize
vehicle mobility over access, whereas local streets will prioritize access over vehicle mobility. In
the latter case, there is typically a high level of access to private driveways accompanied by a
low speed limit. Moab’s street network comprises the full range of classifications:
Of the above streets, all are City-maintained (Class C) except Main Street. All other City streets
not listed are considered local, and typically have much lower traffic volumes. Lower speed
limits (e.g. 20 or 25 MPH) are appropriate on local streets. However, in the interest of facilitating
vehicle mobility on collectors and even more so arterials, higher speed limits should be
considered.
Another factor to consider when evaluating speed limits, especially in urban areas, is the
presence – or lack – of traffic calming. W ide, uninterrupted lanes with little visual interference
generally embolden drivers to go faster. FHWA strongly suggests that setting speed limits below
prevailing driver speeds does not encourage compliance.3 In other words, setting speed limits
artificially lower than actual driver behavior is not a deterrent to drivers exceeding the speed
limit. Speed limits should be consistent with driver behavior, which is in turn influenced by the
physical characteristics of the street, such as lane width, sight distances, and proximity of
roadside landscaping and multimodal facilities.
An apt case study of the effects of functional classification and traffic calming is East 300 South,
which – absent an engineering study – was posted at 20 mph several years ago. It serves as a
2 https://www.arcgis.com/home/item.html?id=494d57208ea4464bb664ac2da38f9c91
3 https://safety.fhwa.dot.gov/speedmgt/ref_mats/fhwasa12004/
Functionally Classifed
Streets in City Limits
Functional
Classification
Observed Daily
Traffic Volume
Hwy 191 / Main St.Principal Arterial ~17,000
100 North Minor Arterial 3,800
400 East Minor Arterial 7,900
Mill Creek Dr Minor Arterial 5,700
500 West Major Collector 4,000
400 North Major Collector 4,200
100 West Major Collector 5,400
100 South Major Collector 2,900
300 South Major Collector 5,100
Kane Creek Blvd Major Collector 4,800
Williams Way Minor Collector 2,800
Center St Minor Collector 2,800
major collector that links 400 East (a minor arterial) with Main Street (a principal arterial), and
has observed traffic volumes of about 5,100 vehicles per day, which indicates a high proportion
of through-traffic. More recent radar data from 2019 shows that the 85th percentile speed was 26
MPH. This high rate of noncompliance is most likely due to its function as a high mobility
collector and its open, unconstrained cross section. This speed limit is closer to a speed that
one would expect for a functionally classified road with these traffic volumes.
Staff Recommendation
Given the likely prohibitive time investment and expense of performing speed studies and
erecting signs on all City streets, staff recommends: – Lowering the City’s City Code prima facie speed limit from 30 MPH to 25 MPH. – Installation of signage at key locations stating that: “The Speed Limit on Moab City streets is
25 MPH unless otherwise posted.” This would communicate the new 25 MPH prima facie
speed limit, which would apply on streets with no posted speed, while allowing the existing
20 MPH signs to remain posted on local, residential streets. – Erecting area-wide speed limit signs at select locations to reduce certain residential limits
further to 20 MPH, without having to install too many new signs. This can be done where
desired to lower the speed limit or to reinforce existing posted speed limits. – Maintaining or posting the speed limit at 30 MPH on select, mobility-prioritized functionally
classified streets, such as 500 West.
Taking these incremental steps will preclude the issues associated with lowering limits on all
City streets, while accomplishing lower or statutory speed limits in the residential areas of the
City to 20 MPH or 25 MPH and allowing the higher volume functionally classified streets to be
posted at 30 MPH thus allowing traffic to operate more efficiently on those streets.
Furthermore, the City’s transportation plan is underway, and should provide essential guidance
for future actions.
__________________________
Chuck Williams, PE
City Engineer
Moab City Council Agenda Item
Meeting Date: June 8, 2021
Title: Amending Resolution No. 25-2021 Regarding the City of Moab’s Commitment to
Funding a “Recreational Hotspot” Transit Shuttle Pilot Program
Date Submitted: June 3, 2021
Staff Presenter: Carly Castle, Acting City Manager
Attachment(s):
• Resolution No. 25-2021 Regarding the City of Moab’s Commitment to Funding a
“Recreational Hotspot” Transit Shuttle Pilot Program
• Moab Region Transit Study presentation
Options: Discussion and approval
Recommended Motion: I move to adopt Resolution No. 25-2021, A Resolution Regarding the
City of Moab’s Commitment to Funding a “Recreational Hotspot” Transit Shuttle Pilot Program
Background/Summary: On October 30, 2020, the Grand County Commission and Moab City
Council approved a Transit Shuttle Pilot Project to be included in the Arches Region Hotspot
Concept Package. As part of this Transit Shuttle Pilot project, UDOT engaged transportation
consultants to develop details, costs, and benefits for a five-year Pilot Shuttle system. UDOT
contemplates that the initial route for this Transit Shuttle will be along U.S. 191, which is the
Moab area’s primary transportation corridor. The consultants will develop a “turn-key” RFP for
the Moab community, allowing for the region to contract with an operator to operate the shuttle
service, provide the vehicles, store and maintain the vehicles, collect and process fare revenue,
etc.
The annual cost for the pilot is estimated to be $500,000. UDOT has indicated its willingness to
contribute $1,500,00 to the transit pilot using Hotspot funding, but it requests that the City of
Moab and Grand County fund up to $1,000,000 for the program. UDOT requires this
commitment from the local community before it will present the Arches Hotspot Region Concept
Package to the Transportation Commission, and the County intends to contribute $250,000 to the
cost sharing with the City. The County intends to pass a similar resolution during its regular
County Commission meeting on June 15, 2021. The program will also be eligible for FTA 5311
funds, which can match up to 50 percent of the program costs.
1
CITY OF MOAB RESOLUTION NO. 25-2021
A RESOLUTION REGARDING THE CITY OF MOAB’S COMMITMENT TO
FUNDING A “RECREATIONAL HOTSPOT” TRANSIT SHUTTLE PILOT PROGRAM
WHEREAS, safe, reliable and efficient transportation and transit systems create foundations for
economic growth, reduced congestion, and for serving recreational activities; and
WHEREAS, the creation and maintenance of transportation infrastructure is a core
responsibility of local government; and
WHEREAS, the recreation and tourism associated with Arches and Canyonlands National Parks
and surrounding public lands create a significant economic impact on the Moab area; and
WHEREAS, visitation to the Moab region has risen exponentially over the past decade,
increasing to more than three million visitors annually; and
WHEREAS, the dramatic increase in visitation has caused traffic and parking congestion in
Moab on Highway 191 and on City of Moab streets; and
WHEREAS, parking and traffic congestion in the Moab region causes safety hazards for
motorists, bicycles, and pedestrians; and
WHEREAS, parking and traffic congestion in the Moab region causes a negative economic
impact due to increased travel time and increased fuel consumption and greenhouse gasses
among other things; and
WHEREAS, parking and traffic congestion in the Moab area negatively impacts the quality of
the visitor experience and the quality of life for residents; and
WHEREAS, the City of Moab’s General Plan Element 7.4.e “encourage[s] efforts to provide a
shuttle system serving downtown Moab and key tourism destinations and accommodations;” and
WHEREAS, in 2017 the Utah State Legislature passed SB 277—Highway General Obligation
Bonds, which, in part, identifies $100 million to be used by the Utah Department of
Transportation (UDOT) for projects that: (1) have significant economic development impact
associated with recreation and tourism, and (2) address significant needs for congestion
mitigation, known as “recreational hotspots” on UDOT’s Transportation Infrastructure list; and
WHEREAS, the Arches/Moab area was allocated $10,000,000 out of this “recreational hotspot”
fund for transportation projects fulfilling the statutory criteria outlined in SB 277; and
WHEREAS, UDOT engaged a transportation consultant team (Fehr & Peers) to develop a
project background, demand assessment, proposed system details, costs, benefits and financial
plan for a three to five-year pilot shuttle system that would help determine the demand and
viability of long-term transit for the Moab community; and
WHEREAS, UDOT has agreed to fund up to $1,500,000 for the operation of a pilot shuttle
system as part of the Recreational Hotspot Program;
2
WHEREAS, the Arches Hotspot Region Coordinating Committee, Grand County Commission,
and Moab City Council have recommended the transit shuttle system be included as one of the
transportation projects to be submitted to UDOT for consideration by the Transportation
Commission for SB 277 funding.
NOW THEREFORE BE IT RESOLVED by the Moab City Council that:
1. The City of Moab is committed to the long-term success of transit in the Moab area;
2. The City of Moab supports the establishment of a pilot shuttle transit system developed
by UDOT through the Hotspot Funding Program;
3. The City of Moab will partner through an interlocal agreement or other agreement with
Grand County to provide funding for the operation of the system up to a maximum
$1,000,000 (which funding can be a combination of grants, local match or other funding).
This resolution shall be effective upon adoption.
PASSED AND APPROVED by a majority of the City of Moab City Council. This Resolution shall take
effect immediately upon passage.
SIGNED:
Emily S. Niehaus, Mayor Date
ATTEST:
Sommar Johnson, Recorder
Moab Region
Transit Study -
Grand County
Commissioners
D i s c u s s i o n o f s e r v i c e o p t i o n s a n d
a s s o c i a t e d c h a r a c t e r i s t i c s o f a
n e w p i l o t p r o g r a m t r a n s i t s y s t e m
f o r M o a b a n d G r a n d C o u n t y
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Travel Needs and
Market Analysis
•Completed February
and March 2021
•Included stakeholder
input
Develop System
Alternatives
•Three alternatives
developed
•Stakeholder and
Moab City Council
meetings
•4th hybrid alternative
created
•Grand County
presentation
Create Operating
and Financial
Plan
•By end of early June
Final Moab
Transit Plan
•Presentation to
UDOT Transportation
Commission mid-
June 2021
•Plan complete: end
of June 2021
Service
Contracting and
Implementation
•August 2021 –
February 2022
•Goal of service start
in March 2022
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" D e v i a t e d F i x e d R o u t e : s i m i l a r t o f i x e d r o u t e b u t b u s c a n
d e v i a t e � o f a m i l e o f f r o u t e i n b e t w e e n s t o p s t o p i c k
u p t h o s e w h o c a n t m a k e i t t o e x i s t i n g b u s s t o p s . A l l o w s
f o r b u s t o s e r v e A D A p a r a t r a n s i t t r i p s , a s o p p o s e d t o
h a v i n g d e d i c a t e d A D A v a n , b u t g e n e r a l p u b l i c c o u l d u s e
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u n d e r t h e A D A .
S o u r c e : Z i o n N a t i o n a l P a r k
S o u r c e : S u n T r a n ( S t . G e o r g e U T )
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" E n t i r e c i t y
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S o u r c e : D o w n t o w n e r A p p , I n c .
What is it?
•Form of on-demand response transit using a smartphone app to match
trip requests in real-time
•Small vans or shuttle buses
•Can be contracted turn-key or operated by an agency with purchased ride -
matching technology
•Can operate as a dynamic route with established time points or be point-
to-point within a defined area (zone), as well as possibility for flag stops
What are critical success factors?
•Smaller service area connecting low-medium density to key destinations
•Ability to group trips to/from key destination (downtown) at similar times
•Fares that balance convenience and ridership
•Marketing
Source: High Valley Transit (UT)
Source: RideCo, Inc.
Source: Via Transportation, Inc.
Evaluation:
Frequent
Connections
Along US-191
Ability to
Connect to Many
Destinations
Passenger
Convenience
Ridership
Potential
O P T I O N 1
Fixed Route with Paratransit and Microtransit Zones
Characteristics
•5.5 miles one -way
•18-24 minutes one -way travel
time
•6.6 mi 2 Microtransit zone
•2.4 mi 2 Paratransit zone
•Requires 1 bus and 1 van
•11 hours of service/day
•200 estimated riders/day
Route Option
Highlights
✓Fixed route
✓ADA Paratransit zone to
the north (required)
✓Microtransit zone for
Moab general public
✓Hourly frequencyMe
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m
Hi
g
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Me
d
i
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Hi
g
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O P T I O N 2 :
Fixed Route with Deviated Zone
Route Option
Highlights
✓Fixed route with more
frequency
✓Deviated zone for
paratransit (but general
public would have access
too)
✓Slightly shorter route than
Option 1 to allow for
potential deviations
✓30-minute frequency
Characteristics
•4.6 miles one -way
•20-26 minutes one -way travel
time
•8 mi2 ADA Paratransit deviated
zone
•Requires 2 buses
•10 hours of service/day
•300 estimated riders/day
Evaluation:
Frequent
Connections
Along US-191
Ability to
Connect to Many
Destinations
Passenger
Convenience
Ridership
Potential
Hi
g
h
Me
d
i
u
m
Hi
g
h
Me
d
i
u
m
O P T I O N 3 :
Microtransit Zone throughout Moab
Characteristics
•10-15 minutes trip response
time
•6.5 mi2 microtransit zone
•Requires 2 vans
•14 hours of service/day
•100 estimated riders/day
Route Option
Highlights
✓Full microtransit on-demand
for Moab and surrounding
area
✓Any two points could be
combined within the zone
✓Dynamically-routed vehicles
✓Trips/passengers would be
combined where possible
Evaluation:
Frequent
Connections
Along US-191
Ability to
Connect to Many
Destinations
Passenger
Convenience
Ridership
Potential
Me
d
i
u
m
Hi
g
h
Lo
w
Hi
g
h
Evaluation:
Frequent
Connections
Along US-191
Ability to
Connect to Many
Destinations
Passenger
Convenience
Ridership
Potential
O P T I O N 4
Flex Microtransit Route with Microtransit Zone
Characteristics
•3 miles one -way flex route
length with 4.7 mi 2 flex zone
•6–10-minute one -way travel
time on flex route
•5.9 mi 2 Microtransit zone
•Requires 2 vans
•14 hours of service/day
•250-300 estimated riders/day
Route Option Highlights
✓Flex route in north Moab with
limited time points; ability to
respond to smartphone app
requested trips in real -time (flex
route van would serve blue route
and red microtransit zone area)
✓Microtransit zone for southern
Moab, connecting any two points
within the zone (green zone)
✓Flex zone and microtransit zone
overlap in downtown and would
allow for transfers
✓30-minute frequency on flex
route, 10–15-minute response
time for microtransit zone
Me
d
i
u
m
Hi
g
h
Me
d
i
u
m
Hi
g
h
Hi
g
h
Turn -key
Operating
Budget
Constraint
Option*Fleet Fixed Route Bus
Cost
On-demand Van
Cost (microtransit or
paratransit)
Total –Turn-key
Operations
Resulting hours of
operation per day**
Option 1 1 bus, 1 van $296,450 $202,125 $498,575 11
Option 2 2 buses $539,000 $0 $539,000 10
Option 3 or
Option 4 2 vans $0 $514,500 $514,500 14
* Assumes March through October season with 7 days/week of service
** For example, 11 hours of operation could be 8:00 AM –7:00 PM
Typical Roles and
Responsibilities
UDOT City of Moab Partner Organizations Contract Operator
•Administer state and federal
funding
•Manage funding allocation,
award, and contracting process
of rural transit funding
•Ensure grantee compliance
with state and federal
regulations (e.g., ADA, Title VI,
drug and alcohol testing, etc.)
•Periodic reviews of grantee
operations
•Comply with terms of UDOT
funding contract
•Develop local matching funds
•Oversee day-to-day operations
of contractor
•Bus stops and transit
supportive on-street
infrastructure
•Review and resolve serious
customer complaints
•Other possibilities –
provide/develop transit facility,
provide/purchase transit
vehicles, operate portion (or
eventually all) of services
•Support development of new
funding sources
•Provide additional funding for
transit services
•Market and promote the
services
•Advocate for community
support of transit
•Solicit feedback on service
improvements and long-term
development
•Provide necessary vehicles,
drivers, insurance, dispatch,
supervisors, vehicle storage,
fuel, maintenance, and
microtransit ridematching
technology
•Operate service day-to -day
according to the service plan
•Be accountable to specific
performance metrics and
provide excellent customer
service
•Resolve minor customer
complaints and service
•Make suggestions on service
improvements, based on
operations knowledge
I m pl em ent a t i o n:
Turn -Key Mo del
Fast
implementation
Low capital
costs
Vendor offers
expertise and scale
Potentially higher
ongoing cost
Less flexibility
and control
PROS
CONS
KEY POINT: Turn-key contractors are responsible for supplying everything necessary to deliver day-to-day
operations including: vehicles for operations, spare vehicles, supervision of service, drivers, dispatch function, and
necessary smart phone app/ridematching technology, in case of microtransit on-demand solution.
Evaluation
Criteria OPTION 1 –
Fixed Route
OPTION 2 –
Deviated Fixed Route
OPTION 3 –
Microtransit
OPTION 4 –
Flex Route with
Microtransit
(hybrid of 2 and 3)
Frequent connections along US-191
Easy to understand for new users
Passenger convenience (how is it use the
service, once they know how it works)
Ridership potential
(ability to help with traffic)
Ability to connect many destinations
throughout Moab (coverage)
Asset to locals
Asset to visitors
Ease of vehicle electrification
Amount of service hours provided per day
DRAFT Financial Plan -Operations: SCENARIO 1
Revenues YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTALS for 5
YEARS
UDOT HotSpot $ 500,000 $ 500,000 $ 500,000 $ -$ -$ 1,500,000
City/County/Other
Local $$ 73,000 $ 69,000 $ 75,000 $ 436,000 $ 397,000 $ 1,050,000
FTA $ -$ -$ -$ 150,000 $ 200,000 $ 350,000
REVENUE TOTALS $ 573,000 $ 569,000 $ 575,000 $ 586,000 $ 597,000 $ 2,900,000
Expenses YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTALS for 5
YEARS
Turn-key Operator
Contract $ 500,000 $ 510,000 $ 520,000 $ 530,000 $ 540,000 $ 2,600,000
City/County
Employee Coord.
(1/2 time for 8 mos.)$ 23,000 $ 24,000 $ 25,000 $ 26,000 $ 27,000 $ 125,000
Marketing/Promo $ 30,000 $ 25,000 $ 20,000 $ 20,000 $ 20,000 $ 115,000
Vehicle Branding $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 25,000
Bus Stop Amenities/
Maintenance $ 15,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 35,000
EXPENSE TOTALS $ 573,000 $ 569,000 $ 575,000 $ 586,000 $ 597,000 $ 2,900,000
NET $ -$ -$ -$ -$ -$ -
DRAFT Financial Plan -Operations: SCENARIO 2
Revenues YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTALS for 5
YEARS
UDOT HotSpot $500,000 $400,000 $300,000 $200,000 $100,000 $1,500,000
City/County/Other
Local $$73,000 $119,000 $175,000 $236,000 $297,000 $900,000
FTA $0 $50,000 $100,000 $150,000 $200,000 $500,000
REVENUE TOTALS $573,000 $569,000 $575,000 $586,000 $597,000 $2,900,000
Expenses YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTALS for 5
YEARS
Turn-key Operator
Contract $500,000 $510,000 $520,000 $530,000 $540,000 $2,600,000
City/County
Employee Coord.
(1/2 time for 8 mos.)
$23,000 $24,000 $25,000 $26,000 $27,000 $125,000
Marketing/Promo $30,000 $25,000 $20,000 $20,000 $20,000 $115,000
Vehicle Branding $5,000 $5,000 $5,000 $5,000 $5,000 $25,000
Bus Stop Amenities/
Maintenance $15,000 $5,000 $5,000 $5,000 $5,000 $35,000
EXPENSE TOTALS $573,000 $569,000 $575,000 $586,000 $597,000 $2,900,000
NET $0 $0 $0 $0 $0 $0
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Thank you.
Questions?
1
Moab City Council Agenda Item Meeting Date: June 8, 2021
Item: Ordinance No. 2021-09 - Text Amendments to Moab Municipal Code §12.20.005 (Modifying the Definition of Motorized Vehicle and Adding a Definition for E-Bikes) and to Moab Municipal Code §12.20.060 (Allowing Class 1 E-Bikes on City Path Systems and Setting a 15 MPH Speed Limit on Mill Creek Parkway).
Staff Presenter: Laurie Simonson, City Attorney
Attachments: - Attachment 1: Grand County Resolution Permitting Class 1 Electric Assisted Bicycles on All Paved Pathways Included Within the North Moab Recreation Areas Alternative Transportation System Within the Unincorporated Area of Grand County or On Land Owned By Grand County (signed copy not available at the time of this report)
- Attachment 2: Moab Municipal Code §12.20.060
- Attachment 3: Moab Municipal Code §12.20.005
- Attachment 4: November 15, 1993, Financial Assistance Agreement, Utah Division of Parks and Recreation’s Non-Motorized Trail Matching Fund
- Attachment 5: TEA-21 Transportation Equity Act for the 21st Century Fact Sheet – Bicycle Transportation and Pedestrian Walkways
- Attachment 6: Ordinance No. 2021-09 - Text Amendments to Moab Municipal Code §12.20.005 (Modifying the Definition of Motorized Vehicle and Adding a Definition for E-Bikes) and to Moab Municipal Code §12.20.060 (Allowing Class 1 E-Bikes on City Path Systems and Setting a 15 MPH Speed Limit on Mill Creek Parkway)
Proposed Motion: “I move to approve Ordinance No. 2021-09 - Text Amendments to Moab Municipal Code §12.20.005 (Modifying the Definition of Motorized Vehicle and Adding a Definition for E-Bikes) and to Moab Municipal
2
Code §12.20.060 (Allowing Class 1 E-Bikes on City Path Systems and Setting a 15 MPH Speed Limit on Mill Creek Parkway).”
Updated Timeline of Events: This item was on the agenda for consideration at the April 27, 2021 meeting of the City Council. At that meeting, the Council voted to table the item based upon an email received from Mr. Paul Spencer of the Trail Mix advisory committee. In his email, Mr. Spencer noted that the Grand County Trail Mix Committee was currently working on several proposals to improve opportunities for e-bikes within the greater Moab area. Mr. Spencer requested, in part, that: “Rather than proceed independently, we would encourage the City to join us and other land managers with our paved path proposal.” Mr. Spencer stated: “Land usage within Grand County is complicated; whether the land you are on is within the City or County or BLM or NPS or USFS or private is often unclear to residents, and is not understood at all by visitors. A unified County-wide approach to regulation will make life easier for everyone.” Since that time, Mr. Spencer clarified that he sent this email in his personal capacity not as the president of the Trail Mix Committee and that the email represented his personal opinion not the opinion of the Trail Mix Committee. Also, on May 5, 2021, County Administrator Chris Baird clarified to the Council that Trail Mix is an advisory committee to the County Commission and is not a City advisory committee. Thereafter, on May 11, 2021, the Trail Mix Committee held a regular meeting and invited staff to present the City’s proposed Ordinance concerning e-bikes within City limits. Staff made a presentation to Trail Mix similar to this agenda summary report. The Trail Mix advisory committee voted at this meeting to recommend that the County adopt a one-year trial period to allow Class 1 e-bikes on the paved paths north of the City of Moab. On June 1, 2021, the Grand County Commission considered the Trail Mix proposal and voted in favor of a resolution allowing “Class 1 E-Bikes on the Paved NMRA [North Moab Recreation Areas Alternative Transportation System] Pathways within the unincorporated area of Grand County or on land owned by Grand County within the boundaries of the City of Moab.” (See Attachment 1.) This Resolution did not include a one-year trial period and made clear that it applied to the paved NMRA pathways only and did not permit, attempt to permit, or encourage the permission of any class of E-Bike
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on any recreational, single-track, or dirt-surfaced non-motorized trails within the unincorporated area of Grand County. This item is now back before the Council with the additional timeline of events above. As additional information, the Council received 13 emails in support of allowing e-bikes on the City’s pathways and five opposed. Of the five in opposition, the overall concern was the speed of e-bikes. Given that the County has permitted Class 1 e-bikes and not Class 2 or 3 e-bikes on the pathways north of the City, and given that some of the public has expressed a concern over speed, staff has revised the proposed Ordinance for Council’s consideration. The revised Ordinance places a 15 mile per hour (MPH) speed limit on all users of the Mill Creek Parkway path and permits Class 1 e-bikes on City path systems. The Council could also choose to allow Class 2 and 3 e-bikes on City path systems at its discretion. The background information below was included in the prior staff report for the April 27, 2021 Council meeting and is included again here for ease of reference.
What is an E-bike? An electric bicycle (“e-bike”) is a bicycle with a small electric motor that provides power to help move the bicycle. E-bikes are divided into three classes. A “Class 1 electric bicycle” is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. A “Class 2 electric bicycle” is an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. A “Class 3 electric bicycle” is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. (36 Code of Federal Regulations (“CFR”), Chapter I, Part 1, §1.4.) E-bikes have recently gained popularity in many communities. While e-bikes have an electric motor, they are operable in a similar manner to traditional bicycles and, in many cases, appear indistinguishable from them. (Secretary of the Interior Bernhardt’s Secretary’s Order 3376, “Increasing Recreational Opportunities through the use of Electric Bikes,” August 29, 2019.)
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What Is The Current City, State and Federal Law Regarding E-Bikes? Currently, multiple definitions in the “Streets, Sidewalks and Public Places” section of the Moab Municipal Code combine to create a prohibition on the use of e-bikes on pathways within City limits. Specifically, Moab Municipal Code §12.20.060 prohibits motorized vehicles in public parks. (See Attachment 2.) Moab Municipal Code §12.20.005 defines “Motorized vehicle” as “any motorized vehicle capable of, or designed for, travel on or immediately over land, water, paved pathways or other natural terrain. This includes motor assisted bicycles (electric, gas or diesel).” (See Attachment 3.) Moab Municipal Code §12.20.005 defines “Public park” as “city-owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the City.” (See Attachment 3.) Therefore, under these current definitions, e-bikes are not allowed on the City’s pathways. The City of Moab’s inclusion of e-bikes in the definition of “motorized vehicle” is inconsistent with state law. Utah Code Annotated (UCA) §41-6a-102 excludes e-bikes from the definition of “motor vehicle.” Therefore, e-bikes are allowed on pathways under state law. Further, pursuant to state law, “an individual may operate an electric assisted bicycle on a path or trail designated for the use of a bicycle” and the City of Moab may “adopt an ordinance or rule to regulate or restrict the use of an electric assisted bicycle, or a specific classification of an electric assisted bicycle, on a sidewalk, path, or trail within the jurisdiction of the local authority or state agency.” (UCA 41-6a-1115.5 (2) and (3).) Additionally, some federal agencies, including the National Park Service, have recently made changes to explicitly exclude e-bikes from the definition of “motor vehicle.” (Department of the Interior, National Park Service, RIN 1024–AE61, General Provisions; Electric Bicycles, Final Rule effective December 2, 2020. “The rule explicitly excludes e-bikes from the definition of ‘motor vehicle’ found at 36 CFR 1.4. This clarifies that, except as stated in section 4.30(g), e-bikes are not subject to the regulations in 36 CFR part 4 that apply to the use of motor vehicles.” Secretary of the Interior Bernhardt’s Secretary’s Order 3376, “Increasing Recreational Opportunities through the use of Electric Bikes,” August 29, 2019 memorandum directs the superintendents of any NPS unit with e-bikes present to implement the
5
actions required by the policy using their regulatory authority in 36 CFR 1.5(a)(2). This authority allows superintendents to designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity. As of the date of this rule, more than 380 units of the National Park System have implemented the e-bike policy under the authority in 36 CFR 1.5(a)(2) and have published notice of this action in the park-specific compilation of management actions required by 36 CFR 1.7(b), referred to as the superintendent’s compendium.) On November 15, 1993, August 1, 1994, and December 15, 2000, the City of Moab received grant money from the Utah Division of Parks and Recreation’s Non-Motorized Trail Matching Fund by way of Financial Assistance Agreements for construction of pathways for “non-motorized” trails and facilities. (See for example Attachment 4.) These grant funds were from state funds provided by the Utah State Legislature. The Financial Assistance Agreements do not define “non-motorized” and these agreements pre-date the popularity of e-bikes. Over the years, the City has received other grant money from the Utah Division of Parks and Recreation for construction of pathways which made no mention of “non-motorized” use (i.e. were for “public outdoor recreation use” or allowed “motorized” use or were specifically for “motorized” use). The 1993, 1994, and 2000 grants were the only grants that specified “non-motorized” use. Because these were state grant funds and the state definition of motorized vehicle excludes e-bikes, the proposed change in definitions in Ordinance 2021-09 would not impact this past funding. On April 30, 2015, the City received a joint Utah Division of Parks and Recreation and Federal Highway Administration grant for “non-motorized” recreational trails. The United States Department of Transportation’s Bicycle Transportation and Pedestrian Walkways provisions of Section 217 of Title 23, as amended by TEA-21, describes how Federal-aid funds may be used for bicycle and pedestrian projects and has clarified the permissibility of motorized wheelchair use on trails and pedestrian walkways that otherwise prohibit motorized use and also clarified the permissibility of electric bicycles on these facilities where State or local regulations permit. (See Attachment 5.) Finally, the Federal Highway Administration has stated, regarding use of “motorized vehicles,” that motorized wheelchairs are permitted and that state and local laws my permit e-bikes on trails and pedestrian walkways. (See 23 U.S. Code § 217 – Bicycle transportation and pedestrian walkways, section (h) “Use of Motorized Vehicles.”)
6
Additionally, the Americans with Disabilities Act (“ADA”) requires that municipalities allow “power-driven mobility devices” on municipal facilities unless the municipality can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted. Therefore, this section has been interpreted to require cities to allow persons with disabilities to use e-bikes on public pathways. With many studies finding that the baby boom generation will increase the number of people with age related disabilities, there will likely be an increase in the number of users of e-bikes for mobility related reasons. Moreover, e-bikes can expand the option of bicycling to more people by providing a new option for those who want to ride a bicycle but might not otherwise do so because of physical fitness, age, or convenience, especially at high altitude or in hilly or strenuous terrain. Also, when used as an alternative to gasoline or diesel-powered modes of transportation, e-bikes can reduce greenhouse gas emissions and fossil fuel consumption, improve air quality, and support active modes of transportation. Similar to traditional bicycles, e-bikes can decrease traffic congestion, reduce the demand for vehicle parking spaces, and increase the number and visibility of cyclists on the road. (Department of the Interior, National Park Service, RIN 1024–AE61 General Provisions; Electric Bicycles, Final Rule effective December 2, 2020.)
Conclusion: Ordinance 2021-09 removing the prohibition on e-bikes on City pathways will: 1. make the City’s regulations consistent with state and County law; 2. make the City’s regulations consistent with federal regulations; 3. make clear the City’s compliance with the ADA; 4. allow additional mobility and recreational uses; 5. encourage active transportation with an anticipated correlation in reduction of greenhouse gases, traffic congestion and demand for parking. Ordinance 2021-09 will not conflict with any grant funds previously received by the City for construction of pathways as state law and federal regulation
7
make clear that e-bikes are excluded from the definition of motor vehicle and that e-bikes can be permitted on pathways by local regulation.
GRAND COUNTY, UTAH
RESOLUTION NO. _________ (2021)
PERMITTING CLASS 1 ELECTRIC ASSISTED BICYCLES
ON ALL PAVED PATHWAYS INCLUDED WITHIN THE
NORTH MOAB RECREATION AREAS
ALTERNATIVE TRANSPORTATION SYSTEM
WITHIN THE UNINCORPORATED AREA OF GRAND COUNTY
OR ON LAND OWNED BY GRAND COUNTY
WHEREAS, the North Moab Recreation Areas Alternative Transportation System (“NMRA
System”) is a multi-agency project located in Grand County, Utah involving Grand County, the
City of Moab, the Utah Department of Transportation,the Bureau of Land Management, the
Federal Transit Administration, the National Park Service and several local organizations;
WHEREAS, the NMRA System is comprised of the paved Moab Canyon Pathway along State
Highway 191 on the “Old Highway” alignment, the paved Colorado River Pathway along State
Highway 128, the Arches National Park Transit Hub,the paved Lions Park Pathway from 5th
West to Lions Park, the Lions Park Transit Hub, the Colorado Riverway Pedestrian Bridge, and
related transportation facilities;
WHEREAS, as currently constructed, the NMRA System links or is planned to link hubs and
gateways within Grand County pursuant to the North Moab Recreation Areas Alternative
Transportation System Plan;
WHEREAS,public uses on the paved pathways within the NMRA System require careful
management to ensure optimal mitigation of impacts on the pathway for a variety of users;
WHEREAS,current regulations restrict the use of electric assisted bicycles (“E-Bikes”) on the
paved pathways in the NMRA System, specifically the paved Moab Canyon Pathway, the
Colorado River Pathway, and the Lions Park Pathway (the “Paved NMRA Pathways”);
WHEREAS,E-Bikes are currently regulated as bicycles under Utah Statute §§ 41-6a-102(5) and
41-6a-1115.5;
WHEREAS, Utah Statute §§ 41-6a-8 and 41-6a-17(d)(i)defines a “Class 1 electric assisted
bicycle” as a bicycle with an electric motor that has a power output of not more than 750 watts;
has fully operable pedals on permanently affixed cranks;is fully operable as a bicycle without
the use of the electric motor; and is equipped with a motor or electronics that provides assistance
only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the
speed of 20 miles per hour (“Class 1 E-Bike”);
WHEREAS,the Grand County Commision desires to facilitate the creation of affordable, safe,
and reliable transportation and commuting options for Grand County residents and its visitors,
while mitigating future effects of vehicle emissions on air quality within the Moab Valley;
NOW THEREFORE BE IT RESOLVED THAT:
1.The Grand County Commission hereby permits Class 1 E-Bikes on the Paved NMRA
Pathways within the unincorporated area of Grand County or on land owned by Grand County
within the boundaries of the City of Moab, each as defined herein, which definitions are
integrated into this Resolution by this reference.
2.This Resolution applies to Class 1 E-Bikes only and does not permit Class 2 or Class 3
electric assisted bicycles, as defined by Utah Statute § 41-6a-102, on the Paved NMRA Pathways
within the unincorporated area of Grand County or on land owned by Grand County within the
boundaries of the City of Moab.
3.This Resolution applies to the Paved NMRA Pathways only and does not permit, attempt
to permit, or encourage the permission of any class of E-Bike on any recreational, single-track,
or dirt-surfaced non-motorized trails within the unincorporated area of Grand County.
This Resolution was duly and regularly introduced and passed by vote at a regular meeting of the
Grand County Commission on June 1, 2021.
GRAND COUNTY COMMISSION
ATTEST:
_____________________________________________
Mary McGann, Chair Quinn Hall, Clerk/Auditor
The Moab Municipal Code is current through Ordinance 20-11, and legislation passed through June 9, 2020.
Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact
the City Recorder's Office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: moabcity.org
City Telephone: (435) 259-5121
Code Publishing Company
12.20.060 Restricted park uses.
The following uses shall be restricted as follows:
A. Motorized vehicles, as defined in this chapter, shall be prohibited in all public parks, unless the motorized
vehicles are involved in a car show approved by council.
B. Slacklining, as defined in this chapter, shall only be permitted in the following designated areas:
1. Swanny Park next to skate park on designated posts only (not to use trees as anchors).
2. Mill Creek Parkway next to the BMX park on designated posts only (not to use trees as anchors). (Ord.
16-12 (part), 2016)
12.20.060 Restricted park uses | Moab Municipal Code Page 1 of 1
The Moab Municipal Code is current through Ordinance 20-11, and legislation passed through June 9, 2020.
The Moab Municipal Code is current through Ordinance 20-11, and legislation passed through June 9, 2020.
Disclaimer: The City Recorder's Office has the official version of the Moab Municipal Code. Users should contact
the City Recorder's Office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: moabcity.org
City Telephone: (435) 259-5121
Code Publishing Company
12.20.005 Definitions.
“Mass gathering” means an outdoor assembly of one hundred or more people on city-owned property that
reasonably can be expected to continue for two or more hours.
“Motorized vehicle” means any motorized vehicle capable of, or designed for, travel on or immediately over land,
water, paved pathways or other natural terrain. This includes motor assisted bicycles (electric, gas or diesel).
“Public park” means and includes city-owned parks, public squares, ball diamonds, soccer fields, path systems and
other recreation areas, but not designated smoking areas specified by the City.
“Slacklining” means the act of walking or balancing along a suspended length of flat webbing fixed above ground
that is tensioned between two anchors. Slacklining is similar to slack rope walking and tightrope walking.
“Smoke” or “smoking” means and includes: Possession, carrying, or holding a lighted pipe, cigar, or cigarette of any
kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a pipe, cigar, or
cigarette of any kind, or of any other lighted smoking equipment. (Ord. 16-12 (part), 2016: Ord. 11-12, 2011)
12.20.005 Definitions | Moab Municipal Code Page 1 of 1
The Moab Municipal Code is current through Ordinance 20-11, and legislation passed through June 9, 2020.
Agreement # 94 1864
RIVERWAY ENHANCEMENT PROGRAM
UTAH DIVISION OF PARKS AND RECREATION
FISCAL ASSISTANCE AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of
September, 1993, between the Utah Division of Parks and Recreation,
hereinafter referred to as the Division, and Moab City, qualifying
under this agreement either as an agency or a political subdivision
of the State of Utah and hereinafter referred to as the
Participant.
WHEREAS, the Division and the Participant desire to accomplish
the Riverway Enhancement Project described in the project
application, the funding to be provided from funds provided by the
State of Utah and the Participant on a matching basis, it is now
necessary for the Division and the Participant to execute this
agreement for the completion of said project.
PROJECT EXECUTION
Total Project Cost (minimum) $80,000.00
Total Amount of State Funding $40,000.00
1. The Division will make payment of $20,000.00 to the
Participant from funds appropriated by the Legislature upon
receipt of documentation and certification that the
Participant has made matching funds available for the approved
project; that said project will be initiated within 180
calendar days; and that the project will be completed on or
before December 31. 1994. This payment is 50% of the approved
funding. The balance of $20.000.00 shall be paid to the
Riverway Enhancement Program
Fiscal Assistance Agreement
Page 2
participant upon receipt of documentation of total project
expenditures in a form satisfactory to the Division. State
funds shall not exceed 50% of total project costs.
2. The Participant will use all monies received under
this agreement for the execution of the project as described
in the Riverway Enhancement Program application which is made
part of this agreement.
3. The Participant shall comply with all applicable
Federal and State Statutes and will be responsible for
obtaining necessary permits and approvals prior to
commencement of the project.
4. The Participant shall indemnify the State and its
officers, agents, and employees against and hold the same free
and harmless from any and all claims, demands, losses, costs,
and/or expenses of liability due to, or arising out of, either
in whole or in part, whether directly or indirectly, and
relative to, the execution of this project subject to and in
accordance with the provisions of the Utah Governmental
Immunity Act and the Utah Public Employees Indemnification
Act.
5. The Participant agrees that the project area
acquired and/or developed pursuant to this agreement shall not
be converted to other than public outdoor recreation use
without written approval of the Director of the Division.
6. Management and maintenance of facilities acquired or
developed pursuant to this agreement are the sole
responsibility of the Participant; however, the Participant
94 1864
Riverway Enhancement Program
Fiscal Assistance Agreement
Page 3
shall maintain all facilities and property in a safe, usable,
and attractive condition.
TERMINATION
1. The Participant may, upon written notice to the
Division unilaterally rescind this agreement prior to the
commencement of the project upon refunding all monies received
under this agreement. After project commencement, this
agreement may be rescinded, modified, or amended only by
mutual agreement. The project shall be deemed commenced when
the Participant makes any expenditure or incurs any obligation
with respect to the project.
FINANCIAL RECORDS
1. The Participant shall conform to generally accepted
accounting principles and shall maintain its fiscal accounts
in a manner that provides an audit trail of payments under
this agreement to a level of expenditure adequate to establish
that such funds have not been used in violation of the
restrictions and prohibitions of this part.
2. The Division, upon reasonable notice, shall have
access to and the right to examine such books, documents,
papers or records as the Division may reasonably require.
FURTHER, the Participant shall diligently prosecute all
phases and aspects of the subject project in a timely manner
and shall in all respects comply with the terms, conditions,
covenants and other obligations of this agreement. It is
94 1864
Riverway Enhancement Program
Fiscal Assistance Agreement
Page 4
understood and agreed that the Participant shall have the
basic responsibility for all phases and aspects of the
project, and that all phases of the project are subject to
review and acceptance by the Division.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the year and day first above written:
UTAH DIVISION OF PARKS AND
RECREM!ION
L' eQr7r By
Name of Participant Direc(or
horized Officerer
?;">'
Ti of Signing Officer
APPROVED AS TO AVAILABILITY OF
FUNDS
By
Budget Officer
APPROVED DIVISION OF FINANCE
By
Authorized Officer
TEA-21 - Fact Sheet: Bicycle Transportation and Pedestrian Walkways
https://www.fhwa.dot.gov/tea21/factsheets/b-ped.htm[4/19/2021 7:09:09 PM]
TEA-21 - Transportation Equity Act for the 21st Century
Moving Americans into the 21st Century
Fact Sheet
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BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS
Program Purpose
The Bicycle Transportation and Pedestrian Walkways provisions of Section 217 of Title 23, as amended by TEA-21, describe how
Federal-aid funds may be used for bicycle and pedestrian projects. These projects are broadly eligible for all of the major funding
programs where they compete with other transportation projects for available funding at the State and MPO levels.
Eligible Use of Funds
Bicycle and pedestrian projects are eligible for NHS, STP (including Transportation Enhancements, and Sections 130 and 152),
CMAQ, Federal Lands, Scenic Byways, and Recreational Trails funds.
TEA-21 amends the eligibility of certain projects for Federal-aid funding including:
National Highway System funds may now be used for pedestrian walkways. [1202(a)(1)]
National Highway System funds for bicycle and pedestrian projects may now be used for projects within Interstate corridors.
[1202(a)(2)]
Expands eligible uses of STP safety setaside funds to include bicycle improvements. In addition, Hazard Elimination (part of the
STP safety setaside) funds can now be used for pedestrian and bicyclist public pathways and trails and facilities; traffic calming
projects are specifically mentioned as eligible activities. [1401]
Program Features
Provides additional information and guidance on a wide range of planning, policy and safety issues affecting bicycling and walking,
including:
Bicyclists and pedestrians shall be given due consideration in State and MPO long range transportation plans. [1202(a)(3)]
Bicycle and pedestrian projects shall be considered, where appropriate, in conjunction with all new construction and
reconstruction of transportation facilities, except where bicycle and pedestrian use is not permitted. [1202(a)(3)]
Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and
pedestrians. [1202(a)(3)]
Bicycle safety issues must now be addressed in carrying out railway-highway crossing hazard elimination projects under 23
USC Sections 130 and 152 [1202(d), 1401].
FHWA shall, within 18 months, develop guidance on the various approaches to accommodating bicycles and pedestrian travel,
including making recommendations on amending and updating AASHTO design standards for streets and highways. [1202(b)]
The Secretary shall not approve any project or take any regulatory action that will sever an existing major nonmotorized route
or adversely affect the safety of nonmotorized traffic and light motorcycles, unless a reasonable alternate route exists or is
established. [1202(c)]
FHWA is authorized to develop a national bicycle safety education curriculum. [1202(e)]
Definitions [1202(a)(7)]
Clarifies the permissibility of motorized wheelchair use on trails and pedestrian walkways that otherwise prohibit motorized use and
also permits the use of electric bicycles on these facilities where State or local regulations permit.
Electric bicycles are defined as any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor-
powered speed of 20 miles per hour.
TEA-21 - Fact Sheet: Bicycle Transportation and Pedestrian Walkways
https://www.fhwa.dot.gov/tea21/factsheets/b-ped.htm[4/19/2021 7:09:09 PM]
September 14, 1998
TEA-21 Home | DOT Home | Fact Sheet Index
United States Department of Transportation
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CITY OF MOAB, UTAH
ORDINANCE NO. 2021-09
TEXT AMENDMENTS TO MOAB MUNICIPAL CODE §12.20.005
(MODIFYING THE DEFINITION OF MOTORIZED VEHICLE AND ADDING A
DEFINITION FOR E-BIKES) AND TO MOAB MUNICIPAL CODE §12.20.060
(ALLOWING CLASS 1 E-BIKES ON CITY PATH SYSTEMS AND SETTING A 15
MPH SPEED LIMIT ON MILL CREEK PARKWAY)
WHEREAS, Moab Municipal Code §12.20.005 defines “Motorized vehicle” as “any motorized vehicle capable of, or designed for, travel on or immediately over land, water, paved pathways or other natural terrain. This includes motor assisted bicycles (electric, gas or diesel);”
WHEREAS, Moab Municipal Code §12.20.005 defines “Public park” as “city-owned parks, public squares, ball diamonds, soccer fields, path systems and other recreation areas, but not designated smoking areas specified by the City;”
WHEREAS, Moab Municipal Code §12.20.060 prohibits motorized vehicles in public parks and specifically states: “Motorized vehicles, as defined in this chapter, shall be prohibited in all public parks, unless the motorized vehicles are involved in a car show approved by council;”
WHEREAS, the above combined Municipal Code sections currently create a prohibition on electric bicycles (“e-bikes”) on pathways within City limits;
WHEREAS, an e-bike is a bicycle with a small electric motor that provides power to help move the bicycle;
WHEREAS, the United States Department of the Interior, National Park Service defines e-bikes as follows: “E-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of not more than 750 watts that meets the requirements of one of the following three classes: A. “Class 1 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is
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pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. B. “Class 2 electric bicycle” shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. C. “Class 3 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. (36 Code of Federal Regulations (“CFR”), Chapter I, Part 1, §1.4.)
WHEREAS, this definition is consistent with the definition of ‘‘electric assisted bicycle’’ in Utah Code Annotated §41-6a-102 (17);
WHEREAS, e-bikes have an electric motor yet are operable in a similar manner to traditional bicycles and in many cases appear indistinguishable from them. (Secretary of the Interior Bernhardt’s Secretary’s Order 3376, “Increasing Recreational Opportunities through the use of Electric Bikes,” August 29, 2019.);
WHEREAS, state law (Utah Code Annotated §41-6a-102) excludes e-bikes from the definition of “motor vehicle” and defines “motor vehicle” as follows: (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (b) "Motor vehicle" does not include: (i) vehicles moved solely by human power; (ii) motorized wheelchairs; (iii) an electric personal assistive mobility device; (iv) an electric assisted bicycle; (v) a motor assisted scooter . . .;
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WHEREAS, Moab Municipal Code §10.04.010 adopts state law as the City’s traffic code unless otherwise specified and specifically states that: “All of Chapter 41, Title 31, and all of Chapters 1, 2, 6, 7, 8, 21, 22, and 24 of Title 41, Utah Code Annotated, as amended by the 1983 Utah State Legislature, particularly by Senate Bill 7 and House Bills 142, 143 and 146, together with all amendments and additions that may hereafter be made, are enacted approved and adopted as a part of this section to form the traffic code for this municipality, except as hereinafter specified, and by this reference are made a part of this chapter to the same extent and effect as though such code were copied herein in full. Three copies of the laws adopted by reference shall be filed for use and examination in the office of the City Recorder. (Ord. 83-03 § 2, 1983: prior code § 14-1);”
WHEREAS, the foregoing Moab Municipal Code and state law definitions of “motor vehicle” are in conflict with regard to e-bikes;
WHEREAS, the Americans with Disabilities Act (“ADA”) is a Federal civil rights law that prohibits discrimination against people with disabilities. Under this law, people with disabilities are entitled to all of the rights, privileges, advantages, and opportunities that others have when participating in civic activities. (U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Americans with Disabilities Act ADA Update: A Primer for State
and Local Governments.)
WHEREAS, the ADA requires that municipalities allow power-driven mobility devices on municipal facilities unless the municipality can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted. The ADA at 28 CFR §35.137 “Mobility devices” states: (1) Use of other power-driven mobility devices. A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursuant to §35.130(h).
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(2) Assessment factors. In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a reasonable modification under paragraph (b)(1) of this section, a public entity shall consider— (i) The type, size, weight, dimensions, and speed of the device; (ii) The facility's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year); (iii) The facility's design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user); (iv) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and (v) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations.
WHEREAS, the term “other power-driven mobility devices” is used in the ADA regulations to refer to any mobility device powered by batteries, fuel, or other engines, whether or not they are designed primarily for use by individuals with mobility disabilities for the purpose of locomotion. (U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Americans with
Disabilities Act ADA Update: A Primer for State and Local Governments.)
WHEREAS, public entities must allow individuals with disabilities who use these devices into all areas where the public is allowed to go, unless the entity can demonstrate that the particular type of device cannot be accommodated because of legitimate safety requirements. Such safety requirements must be based on actual risks, not on speculation or stereotypes about a particular class of devices or how individuals will operate them. (U.S. Department of Justice, Civil Rights Division, Disability Rights Section,
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Americans with Disabilities Act ADA Update: A Primer for State and Local
Governments.)
WHEREAS, more than 55 million Americans (18% of the population) have disabilities and participate in a variety of programs, services, and activities provided by local governments. This includes many people who became disabled while serving in the military. By the year 2030, approximately 71.5 million baby boomers will be over age 65 and will need services and surroundings that meet their age-related physical needs. (U.S. Department of Justice, Civil Rights Division, Disability Rights Section, Americans with
Disabilities Act ADA Update: A Primer for State and Local Governments.)
WHEREAS, e-bikes allow persons with physical disabilities to enjoy bicycling as a recreational activity and as a means of mobility and transportation;
WHEREAS, the City of Moab desires to decrease traffic congestion by encouraging active transportation;
WHEREAS, active transportation is any self-propelled, or human-powered mode of transportation, such as walking or bicycling;
WHEREAS, physical inactivity is a major contributor to the steady rise in rates of obesity, diabetes, heart disease, stroke, and other chronic health conditions in the United States. (Centers for Disease Control and Prevention, “Healthy Places.”);
WHEREAS, e-bikes make bicycle travel easier and more efficient because they allow bicyclists to travel farther with less effort. E-bikes can expand the option of bicycling to more people by providing a new option for those who want to ride a bicycle but might not otherwise do so because of physical fitness, age, or convenience, especially at high altitude or in hilly or strenuous terrain. Also, when used as an alternative to gasoline or diesel-powered modes of transportation, e-bikes can reduce greenhouse gas emissions and fossil fuel consumption, improve air quality, and support active modes of transportation. Similar to traditional bicycles, e-bikes can decrease traffic congestion, reduce the demand for vehicle parking spaces, and increase the number and visibility of cyclists on the road. (Department of the Interior, National Park Service, RIN 1024–AE61, General Provisions; Electric Bicycles, Final Rule effective December 2, 2020.)
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WHEREAS, the Federal Highway Administration, in the Bicycle Transportation and Pedestrian Walkways provisions of Section 217 of Title 23, as amended by TEA-21, describes how Federal-aid funds may be used for bicycle and pedestrian projects and has clarified the permissibility of motorized wheelchair use on trails and pedestrian walkways that otherwise prohibit motorized use and also clarifies the permitted use of electric bicycles on these facilities where State or local regulations permit.
NOW, THEREFORE BE IT ORDAINED by the Moab City Council that that the following text amendments be made to the Moab Municipal Code: 1. In Moab Municipal Code §12.20.005, for the definition of “Motorized vehicle” delete the sentence at the end of the paragraph which states: “This includes motor assisted bicycles (electric, gas or diesel).” 2. In Moab Municipal Code §12.20.005, for the definition of “Motorized vehicle” insert a sentence at the end of the paragraph which states: “Motorized vehicle” does not include: (i) vehicles moved solely by human power; (ii) motorized wheelchairs; (iii) an electric personal assistive mobility device; (iv) an electric assisted bicycle or cycle; (v) a motor assisted scooter. 3. In Moab Municipal Code §12.20.005, insert the following definition: “E-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of not more than 750 watts that meets the requirements of one of the following three classes: A. “Class 1 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. B. “Class 2 electric bicycle” shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle,
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and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. C. “Class 3 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. 4. In Moab Municipal Code §12.20.060: a. Add paragraph C to state: “Class 1 electric bicycles (e-bikes) are allowed on City path systems. Class 2 and 3 e-bikes are not allowed on City path systems.” b. Add paragraph D to state: “All users of the Mill Creek Parkway City path are limited to a speed of 15 miles per hour (MPH.)” This Ordinance shall take effect upon passage.
PASSED by the City Council in a public meeting on _____________________________ by the following vote:
_________________________ Emily Niehaus, Mayor
ATTEST:
______________________________ Sommar Johnson, Clerk/Recorder
Moab City Council Public Hearing and Potential Action Agenda on the Final MPD
for the Lionsback Resort Development
Meeting Date: June 8, 2021
Title: Resolution No. 13-2021 conditionally approving the Final Master Planned
Development (MPD) for the Lionsback Resort and Final Plat for Phase 1.
Disposition: Public Hearing and potential action on the Final MPD and Final Plat for
Phase 1.
Staff Presenter: Nora Shepard. Planning Director
Attachment(s):
Exhibit 1: Location Map
Exhibit 2: Approved Preliminary MPD (using the SAR Zoning)
Exhibit 3: Pre-Annexation Agreement (2008)
Exhibit 4: Development and Phasing Agreement (2009)
Exhibit 5: Final MPD and Phase One Plans
Exhibit 6: Approved Ground Water Source Protection Plan
Exhibit 7: Public Comments
Exhibit 8: Resolution No.13-2021
Exhibit 9: Draft Subdivision Improvement Agreement (SIA) for Phase One.
Disposition: This project has already received preliminary MPD approval. The purpose
of this meeting is to hold a public hearing and take action to the City Council on the
Final MPD and final plat for Phase One.
Planning Commission Recommendation:
The Planning Commission held a public hearing on this item on May 13, 2021. After that
public hearing, a new public notice was sent out of this City Council hearing.
There were no comments at the Planning Commission public hearing. Two comments
had been received and are attached as Exhibit 7. The Planning Commission forwarded
a positive recommendation to the City Council. The vote was unanimous. I would
recommend that you view the video for the Planning Commission meeting of May 13,
2021.
Action Options:
1. Approve the Final MPD and final plat for Phase One. for Lionsback Resort to the
City Council
2. Continue the item with specific direction from the City Council as to what
additional information is needed to make a decision
3. Deny the Final MPD and Phase One plat based on specific findings for such a
recommendation
Staff Recommendation: Staff recommends that the City Council hold the public
hearing, discuss the proposal and approve the Lionsback Final MPD and final plat for
Phase One.
Possible Motion:
I move to approve the City of Moab Resolution No. 13-2021A Resolution
approving the Lionsback Resort MPD and Phase One final plat.
Background:
The Lionsback Development has a lengthy and somewhat complicated history with the
City of Moab. The following is an abbreviated summary. The property is owned by the
School and Institutional Trust Lands Administration (SITLA). The developer is LB Moab
Land, LLC. The objective was to create a “more natural” resort experience for Moab
visitors than the existing accommodations offered at the time.
There was no zoning in place that would allow this type of development in the City. In
response, the City developed and adopted a new zoning designation of Sensitive Area
Resort Zone (SAR).
From 2006-2008, LB Moab removed the former Lionsback campg round and closed
multiple jeep roads that were being created off of Hells Revenge.
In 2007 and early 2008, the developer requested Annexation and Master Planned
Development Approval (MPD) under the SAR Zoning. The MPD and Pre -Annexation
Agreement were eventually approved in late 2008 and the property was subsequently
annexed.
After MPD approval, the City was sued over the entitlement process. The City and LB
Moab joined forces and were successful in the lawsuit in 2012.
After the dismissal of the lawsuit, LB Moab reevaluated the market demand and
determined that they wanted to redesign the original hotel concept with a new one.
Instead of 50 hotel/condo units spread out in 9 different buildings, they requested an
amendment to the MPD to allow a 150-room hotel. The City of Moab confirmed in April
2016 that the 50 three-bedroom hotel/condo units converted to a 150-room hotel met
the existing entitlements and the minor modifications would be handled during the final
plat approval process. The City and LB Moab were then sued again. That lawsuit was
recently decided in favor of the plaintiffs and against the determination made by the City
of Moab. The revised plan for the hotel complex considered in 2016 is no longer
applicable.
At this time, the governing documents for the Lionsback are the Pre-Annexation
Agreement recorded in December 2008 (Exhibit 3) and the Development and Phasing
Agreement executed in September 2009 (Exhibit 4). The actions taken by the City in
2016 are invalid.
The 2008/2009 approvals remain valid and in place. In essence, the project as
approved in 2008/2009 is vested.
Summary:
The entitled project was approved as a Preliminary MPD under the SARS Zoning in
December 2008 (see Exhibit 2 Approved MPD site plan).
Size and Location
• 175.12 gross acres
• 48 acres to be developed
• 73.28% Open Space
• Located and accesses from Sand Flats Road (see Exhibit 2 – Location Map)
• Approximate commercial footprint of 54,000sf
• Approximate residential footprint of 365,000sf
Approved Uses
The total number of proposed residential units is 257 units, including:
• 50 hotel suites
• 30 one story casitas (11300-1500sf)
• 30 two story casitas (1300-1500sf)
• 40 one story village casitas (1800-2100sf)
• 45 two story casitas (1800-2100sf)
• 20 one story hillside casitas (2500-3000sf)
• 14 two story hillside casitas (2500-3000sf)
• 18 employee housing uses
• The maximum units that could be allowed in the SAR would be approximately
400 units.
Other approved uses
• Service Facility
• Storage Units
• Sports Gazebo with restrooms and picnic area
• Picnic Gazebo
• Internal trail system
• Sports facilities including tennis, platform tennis, volleyball, putting green, golf
driving cage, lawn games area, bocce, playground equipment and
volleyball/basketball
Open Space and Trails (Exhibit 3)
• Active, passive and internal open space
• Open Space to be conveyed as common open space
• Natural open space, passive recreational open space, active recreational open
space and public pedestrian amenities
" T h e c i r c u l a t i o n p l a n i n c l u d e s m o t o r i z e d a n d n o n m o t o r i z e d s t r e e t s , t r a i n s a n d
p a r k i n g a r e a s , e m e r g e n c y a c c e s s , p u b l i c p e d e s t r i a n a m e n i t i e s . T h e r e w i l l b e a n
e a s e m e n t t o m a i n t a i n t h e H e l l s R e v e n g e T r a i l .
P h a s i n g
" P r o j e c t t o b e d e v e l o p e d i n f i v e p h a s e s
" B o t h t h e P r e - A n n e x a t i o n A g r e e m e n t a n d D e v e l o p m e n t P h a s i n g A g r e e m e n t s p e l l
o u t t h e t i m i n g a n d r e q u i r e m e n t s f o r S u b d i v i s i o n I m p r o v e m e n t s f o r e a c h o f t h e 5
p h a s e s . P h a s e s c a n b e m o d i f i e d b y t h e D e v e l o p e r
O t h e r p r o j e c t r e q u i r e m e n t s
" I m p r o v e m e n t s t o S a n d F l a t s R o a d
" U t i l i t i e s
" D r i n k i n g W a t e r S o u r c e P r o t e c t i o n P l a n
" L a n d s c a p i n g a n d I r r i g a t i o n p l a n s
F i n a l M P D a n d P h a s e O n e
T h e a p p l i c a n t n o w s e e k s a p p r o v a l f o r t h e F i n a l M P D a n d P h a s e O n e ( E x h i b i t 5 ) o f t h e
d e v e l o p m e n t . T h e F i n a l M P D i s c o n s i s t e n t w i t h t h e P r e l i m i n a r y M P D . T h e P r e l i m i n a r y
A p p r o v a l a n t i c i p a t e d t h a t P h a s e O n e w o u l d c o n s i s t o f a 5 0 - u n i t ( 3 b e d r o o m s e a c h )
c o n d o m i n i u m h o t e l a n d 3 4 C a s i t a u n i t s . T h e d e v e l o p e r i s n o t m o v i n g f o r w a r d w i t h t h e
H o t e l c o m p l e x c u r r e n t l y . T h e D e v e l o p m e n t a n d P h a s i n g A g r e e m e n t a l l o w s t h e
d e v e l o p e r t o m o d i f y p h a s i n g . S o m e m o d i f i c a t i o n s t o t h e o v e r a l l p l a n h a v e b e e n m a d e i n
c o n s i d e r a t i o n o f t h e n e w p h a s i n g .
I n f r a s t r u c t u r e I m p r o v e m e n t s
T h e D e v e l o p e r a n d S I T L A e l e c t e d t o m o v e f o r w a r d w i t h t h e o f f s i t e i n f r a s t r u c t u r e a n d
P h a s e 1 C a s i t a s . I t w a s d e t e r m i n e d t h a t t h e t o t a l o f f s i t e i n f r a s t r u c t u r e b u d g e t w a s
a p p r o x i m a t e l y $ 5 m i l l i o n , a n d t h e w a t e r a n d s e w e r i n f r a s t r u c t u r e i m p r o v e m e n t s w o u l d
b e d e d i c a t e d t o t h e C i t y . D e s i g n o f t h e o f f s i t e i n f r a s t r u c t u r e b e g a n i n J u l y 2 0 1 9 a n d
c o n s t r u c t i o n c o m m e n c e d i n J u n e 2 0 2 0 . C o n s t r u c t i o n f o r t h e o f f s i t e i n f r a s t r u c t u r e i s
s c h e d u l e d f o r c o m p l e t i o n J u l y 2 0 2 1 . T h e w a t e r a n d s e w e r a r e b e i n g c o n s t r u c t e d t o
e x i s t i n g C i t y S t a n d a r d s , w h i c h i s a n u p g r a d e f r o m t h e o r i g i n a l p l a n s , i n a n t i c i p a t i o n o f
t h e d e d i c a t i o n t o t h e C i t y . T h e i n t e r n a l p r o j e c t r o a d s w i l l b e p r i v a t e r o a d s , c o n s t r u c t e d
a n d m a i n t a i n e d b y t h e d e v e l o p e r a n d t h e f u t u r e H o m e o w n e r s A s s o c i a t i o n .
A s t o r m w a t e r m a n a g e m e n t p l a n h a s b e e n r e v i e w e d b y t h e C i t y E n g i n e e r . T h e p r o p o s e d
s t o r m w a t e r p l a n m e e t s c u r r e n t s t a n d a r d s , w h i c h i s a n i m p r o v e m e n t f r o m t h e P r e l i m i n a r y
M P D .
A D r i n k i n g W a t e r S o u r c e P r o t e c t i o n P l a n ( D W S P P ) h a s b e e n a p p r o v e d b y t h e C i t y
C o u n c i l . A l l c o n s t r u c t i o n h a s b e e n a n d w i l l b e i n c o m p l i a n c e t o t h a t p l a n . T h i s p l a n i s
a t t a c h e d a s E x h i b i t 6 .
A Subdivision Improvement Agreement is required for each phase of the development.
That can be found as Exhibit 9.
Plan Refinements
As a part of the Final MPD, some of the required improvements have been modified
slightly to meet current standards and to take into consideration the reduced scale of
Phase One. The Development and Phasing Agreement sets forth specific tasks to be
completed with each phase. The Stormwater Management Plan, the Water System and
the Sewer System are under construction and comply or exceed the requirements for
Phase One approved in 2009. Other utilities, such as electric, cable, and telephone will
be provided. All the utility companies have been involved in reviewing the current design
for utilities.
The Development and Phasing Agreement required improvements to Sand Flats Road
that included shoulder improvements on each side of the road. After review of the
existing situation, the applicant and City Staff agree that instead of simply providing a
wider shoulder, the developer will build a multipurpose non-motorized trail adjacent to
Sand Flats Road to provide a higher level of safety for pedestrians and bicyclists.
Additional Right-of-Way will be dedicated to the City. One curve on Sand Flats road will
also be modified slightly to improve safety.
Because the hotel complex is not being constructed at this time, secondary/emergency
access to the 34 new casitas will be via a slightly modified Hells Revenge OHV Trail.
This will also serve as access to the new water tank that is under construction. The
applicant is working with the City and OHV user groups on the realignment.
Process
MMC 17.65.110 gives the following direction on the process for a Final Master Planned
Development as follows:
“17.65.110 Final MPD.
After the preliminary plan has been approved by the Planning Commission, the
applicant shall submit prints of a final plan to the Planning Commission through the
Zoning Administrator for approval thereof, showing in detail the following information:
A. Site Plan. Detailed site plan with complete dimensions showing precise locations of
all buildings and structures, lot or parcel sizes and locations, designations of open
spaces and special use areas, detailed circulation pattern including proposed
ownership;
B. Building Plans. Preliminary building plans, including floor plans and exterior
elevations;
C. Landscape Plan. Detailed landscaping plans produced and stamped by a registered
landscape architect showing the types and sizes of all plant materials and their
locations, decorative materials, recreation equipment, special effects, and sprinkler or
irrigation systems;
D. Parking Plan. Dimensioned parking layout showing lo cation of individual parking
stalls and all areas of ingress or egress;
E. Engineering Plan. Detailed engineering plans and final subdivision plat showing site
grading, street improvements, drainage and public utility locations. Also, submission of
the engineering feasibility studies if required by the Zoning Administrator;
F. Covenants. A copy of protective covenants, articles of incorporation, bonds and
guarantees, as required by the Zoning Administrator and/or the City Attorney;
G. Title. A certificate of title showing the ownership of the land;
H. Certificate of Acceptance. A certificate of acceptance by the City Council for any
dedication of public streets and other public areas, if any, that are made by the owners;
I. Accuracy of Survey. A certificate of accuracy by an engineer or land surveyor
registered to practice in the state of Utah;
J. Consistency with Approvals. All final MPD submittals shall be reviewed for
consistency with this chapter and all preliminary MPD approval conditions.”
The submitted materials for the Final MPD are consistent with the Preliminary MPD.
The Final MPD and Phase One includes all the above required detail for Phase One.
CITY OF MOAB PLANNING RESOLUTION NO. 13-2021
MOAB CITY RESOLUTION #13-2021 APPROVING THE
FINAL MPD AND PHASE ONE PLAT FOR
THE LIONSBACK DEVELOPMENT
LOCATED AND ACCESSED FROM
SAND FLATS ROAD
WHEREAS, the following describes the intent and purpose of this resolution:
A. LB Moab Lane, LLC is the developer that has partnered with the School and Institutional
Trust Lands (SITLA) to develop the Lionsback MPD that was approved in 2008 and
2009.
B. The Property located in the Sensitive Area Resort Zone. This Zone requires that projects
must be developed through the Master Planned Development Process as set forth in
Section 17.65 Master Planned Development of the Moab Municipal Zone (MMC).
C. The Lionsback MPD was approved in 2009 through the approval of a Pre-Annexation
Agreement and Development and Phasing Agreement. These are the guiding entitlement
documents for the Lionsback Project.
D. The Final MPD is consistent with the Pre-Annexation Agreement and the Development
and Phasing Agreement.
E. Some minor revisions have been made to update the project to meet the current
requirements for public infrastructure. The modifications are considered improvements to
the original plan and are necessary to better serve the health, safety and welfare of the
citizens of Moab.
F. The Final MPD and Phase One Plat were considered by the Planning Commission in a
duly noticed meeting of the Planning Commission. A Public Hearing was held on May
13, 2021.
G. After listening to Public Input and considering the Final MPD and Phase One, the
Planning Commission forwarded a positive recommendation to the City Council to
approve the applications on May 13, 2021.
H. The project, as proposed, has met the requirements and finding have been made as
required by Section 17.65.110 of the MMC.
NOW, THEREFORE, BE IT RESOLVED by the Moab City Council, that the applications for
the Final MPD and Phase one plat are hereby APPROVED by the Moab City Council.
PASSED AND APPROVED in an open meeting of the City Council by a majority vote.
SIGNED: ________________________________ DATE:___________________
Emily Niehaus, Mayor
ATTEST: ________________________________ DATE:____________________
Sommar Johnson, Recorder
Moab City Council Agenda Item Meeting Date: June 8, 2021
Title: Extension for the expenditure of impact fee receipts
Disposition: Discussion and possible action
Staff Presenter: Carly Castle, Acting City Manager
Attachment(s): - Attachment 1: Resolution 16-2021 - Attachment 2: Fiscal Year 2020 Impact Fee Report
Recommended Motion: I move to adopt resolution 16-2021 Extending the time for use of water impact fees.
Background/Summary: Impact fee money must be spent within 6 years of receipt and only on projects contained within the Impact Fee Facilities Plan. The City is required to report annually to the state annual impact fee receipts, eligible impact fee expenditures, and planned impact fee eligible projects. Impact Fees may be used for debt service that was used to construct impact fee eligible projects, moving forward impact fees will be used to pay a portion of the 2021 Water Bond debt service. When the use of impact fees will exceed 6 years, the City may extend that period by making a written statement extending this period by stating the reason for the extension and the date by which the fees will be fully expended.
1
CITY OF MOAB RESOLUTION NO. 16-2021
A RESOLUTION EXTENDING THE TIME FOR USE OF WATER IMPACT FEES
WHEREAS, the following describes the intent and purpose of this resolution:
a. Utah Code Annotated Section 11-36a-602 provides that a local subdivision that collects
impact fees must spend or encumber those fees for a permissible purpose within six years
of the date of collection unless the local subdivision identifies in writing; an
extraordinary and compelling reason why the fees should be held longer than six years,
and an absolute date by which the fees will be expended; and
b. The City of Moab has collected water impact fees since 1999; and
c. The purpose of said impact fees is to pay for costs associated with the planning, design,
property acquisition, construction, and or other costs associated with increasing they
City’s water storage capacity; and
d. Current demands on the water system have established a need beyond which current
resources and unexpended impact fees can pay for; and
e. On April 13, 2021 the City issued the Series 2021 Wastewater and Water Revenue Bonds
in the amount of $7,000,000 to construct a well and water storage tank among other
projects; and
f. Current and future impact fees will partially be used to pay the debt service on the
additional water sources and storage;
NOW THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that the timeframe
for the expenditure of water impact fees collected be extended as follows:
Fiscal Year of Collection Original Time to Spend Revised Time Frame to Spend
2012-2013 2019 June 30, 2023
2013-2014 2020 June 30, 2024
2014-2015 2021 June 30, 2025
2015-2016 2022 June 30, 2026
2017-2018 2023 June 30, 2027
PASSED AND APPROVED by a majority of the City Council, this 8th day of June, 2021.
By:__________________________ _________________
Emily S. Niehaus, Mayor Date
Attest:
By:___________________________ ________________
Sommar Johnson, Recorder Date
Moab City
Impact Fees
Projects From Which Funds Were Collected Date Received Water Sewer Water Interest Sewer Interest Total
(See Attached Schedule for detail)
Total Collected for FY 1999-2000 FY00 75,308.40$ 145,685.92$ 220,994.32$
Total Collected for FY 2000-2001 FY01 53,933.00$ 185,316.88$ 239,249.88$
Total Collected for FY 2001-2002 FY02 14,818.00$ 43,138.89$ 57,956.89$
Total Collected for FY 2002-2003 FY03 30,997.00$ 38,769.44$ 69,766.44$
Total Collected for FY 2003-2004 FY04 22,323.00$ 39,888.85$ 62,211.85$
Total Collected for FY 2004-2005 FY05 32,839.00$ 71,930.45$ 104,769.45$
Total Collected for FY 2005-2006 FY06 23,864.40$ 122,490.07$ 146,354.47$
Total Collected for FY 2006-2007 FY07 46,553.00$ 107,996.01$ 6,983.24$ 15,015.49$ 176,547.74$
Total Collected for FY 2007-2008 FY08 26,981.00$ 162,261.64$ 11,535.52$ 25,303.11$ 226,081.27$
Total Collected for FY 2008-2009 FY09 15,488.00$ 39,466.00$ 5,094.50$ 8,892.94$ 68,941.44$
Total Collected for FY 2009-2010 FY10 46,242.42$ 318,549.95$ 19,032.63$ 383,825.00$
Total Collected for FY 2010-2011 FY11 13,787.98$ 49,242.16$ 1,642.02$ 12,605.13$ 77,277.29$
Total Collected for FY 2011-2012 FY12 11,684.05$ 55,672.20$ 21,042.49$ 88,398.74$
Total Collected for FY 2012-2013 FY13 26,517.25$ 134,948.05$ 1,740.24$ 16,637.99$ 179,843.53$
Total Collected for FY 2013-2014 FY14 32,377.00$ 198,433.49$ 8,420.93$ 20,663.06$ 259,894.48$
Total Collected for FY 2014-2015 FY15 20,120.84$ 108,330.56$ 4,671.86$ 26,409.96$ 159,533.22$
Total Collected for FY 2015-2016 FY16 34,157.00$ 43,323.68$ 6,496.27$ 27,083.08$ 111,060.03$
Total Collected for FY 2016-2017 FY17 144,670.00$ 667,710.46$ 14,720.07$ 26,465.18$ 853,565.71$
Total Collected for FY 2017-2018 FY18 17,875.00$ 296,225.60$ 15,806.17$ 9,931.15$ 339,837.92$
Total Collected for FY 2018-2019 FY19 115,847.00$ 713,918.54$ -$ 19,401.64$ 849,167.18$
Total Collected for FY 2019-2020 FY20 149,849.40$ 971,332.21$ -$ 10,094.28$ 1,131,275.89$
Total Impact Fees Collected 806,383.34$ 3,543,298.84$ 77,110.82$ 248,483.85$ 4,675,276.85$
City of Moab
Impact Fee Schedule
Revenues on Hand
FY Ended June 30, 2020
Moab City Finance Dept.G:\Shared drives\Finance Director\Impact Fees\MOAB IMPACT FEE MASTER 2020 working copy 4/7/2021
Moab City
Impact Fees
WRF
Water Rights Water Modeling Water Lines Impact Fee Study Water Tank Master Plan Bond Payments WRF Upgrade North Trunk Line
WWTP Sludge
Dewatering
100 West Sewer
Upgrade South Trunk Line
Total Spent for FY 1999-2000 9,072.00$
Total Spent for FY 2000-2001 6,568.00$ 456.00$
Total Spent for FY 2001-2002 5,050.00$ 775.00$
Total Spent for FY 2002-2003 8,405.00$ 10,762.00$
Total Spent for FY 2003-2004 10,000.00$ 10,000.00$
Total Spent for FY 2004-2005 -$ -$
Total Spent for FY 2005-2006 2,173.00$ 4,707.00$
Total Spent for FY 2006-2007 2,894.19$ 225,589.43$
Total Spent for FY 2007-2008 -$ 118,304.41$
Total Spent for FY 2008-2009
Total Spent for FY 2009-2010 18,589.00$ 43,149.64$
Total Spent for FY 2010-2011 8,421.62$
Total Spent for FY 2011-2012 -$ -$ -$ -$
Total Spent for FY 2012-2013 12,587.00$
Total Spent for FY 2013-2014 9,410.11$ 6,833.25$
Total Spent for FY 2014-2015 14,262.32$ 49,459.49$ 74,516.18$ 53,284.25$ 228,392.50$
Total Spent for FY 2015-2016 44,700.00$ 15,023.43$ 4,651.50$ 627,347.14$
Total Spent for FY 2016-2017 10,233.51$ 268.60$ 3,532.00$ 1,475,056.11$ 23,974.00$
Total Spent for FY 2017-2018 74,754.75$ 15,857.23$ -$ 22,298.00$
Total Spent for FY 2018-2019 270,214.00$ 82,126.00$ 45,754.00$
Total Spent for FY 2019-2020 61,099.61$ 9,829.00$ 971,944.53$ 30,138.00$ -$ -$
Totals by Fiscal Year 44,162.19$ 73,522.51$ 61,099.61$ 46,088.43$ 64,751.52$ 242,558.94$ 1,601,909.60$ 2,185,825.50$ 82,126.00$ 228,392.50$ -$ 92,026.00$
WATER
City of Moab
Impact Fee Schedule
Projected Expenditures of Impact Fees on Hand
FY Ended June 30, 2020
SEWER
Moab City Finance Dept.G:\Shared drives\Finance Director\Impact Fees\MOAB IMPACT FEE MASTER 2020 working copy 4/7/2021
Moab City
Impact Fees
Impact Fees by
Impact Fees Projected for Expenditure FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025 Project
WATER
Water Tank Design 130,000$ 130,000$
Water Distribution System Upgrades 325,000$ 325,000$
Water Tank Construction 438,000$ 438,000$
Fire Flow Projects 350,000$ 350,000$
Impact Fee Analysis Update 100,000$ 100,000$
Millcreek Drive Upgrades 1,900,000$ 1,900,000$
New Well 2,265,000$ 2,265,000$
New Well 2,365,000$ 2,365,000$
SEWER -$
Impact Fee Analysis Update 120,000$ 120,000$
WRF Outfall 500,000$ 500,000$
Rate Study 100,000$ 100,000$
Bond Payments 971,053$ 970,772$ 971,272$ 971,541$ 970,580$ 4,855,218$
South Trunk Line 715,000$ 4,769,000$ 5,484,000$
Totals by Fiscal Year 971,053$ 5,923,772$ 2,286,272$ 8,105,541$ 1,645,580$ 18,932,218$
Impact Fees Projected for Expenditure
Moab City Finance Dept.G:\Shared drives\Finance Director\Impact Fees\MOAB IMPACT FEE MASTER 2020 working copy 4/7/2021
Moab City Council Agenda Item
Meeting Date: June8, 2021
Title: Appointment of the City’s Representative to Grand County’s Boundary Commission
Date Submitted: June 2, 2021
Staff Presenter: Carly Castle, Acting City Manager
Attachment(s):
o Ordinance No. 475, “An Ordinance Amending Resolution 2621 of the Grand
County Council Establishing the Boundary Commission of Grand County, Utah”
Options: Discussion and possible action
Recommended Motion: I move to appoint the Mayor to the Grand County Boundary
Commission.
Background/Summary:
The Grand County Boundary Commission is required to have an elected official serve as the
City’s representative on the Boundary Commission. Staff recommends that the Mayor serve as
this representative. The Commission meets once a year, and its purpose is to review and rule on
protests regarding annexations.
ORDINANCE NO. 475
AN ORDINANCE AMENDING RESOLUTION NO. 2621 OF THE GRAND COUNTY COUNCIL
ESTABLISHING THE BOUNDARY COMMISSION OF GRAND COUNTY, UTAH
WHEREAS, Utah State Code Section 10-2-409 provides that a Boundary Commission shall be created
in each county, prior to or at the time necessary to review and rule upon such protests regarding
annexations; and
WHEREAS, Utah State Code Section 10-2-409 states that it is the duty of the County Legislative Body to
establish the Commission;
NOW THEREFORE, THE COUNTY COUNCIL OF GRAND COUNTY ORDAINS AS FOLLOWS:
Boundary Commission Responsibilities. The Grand County Boundary Commission is hereby
established and is charged with carrying out duties and responsibilities as provided for in the Utah Code
Sections 10-2-409 through 10-2-412.
Commission Members. The Boundary Commission shall be comprised of the following members:
• County Representatives. Two (2) members who are elected "County Officers" which includes any
county officers who are elected to office by a vote of County residents.
• Municipal Representatives. One (1) member who is an elected municipal officer for the Town of
Castle Valley and one (1) elected municipal officer for the City of Moab.
• Residents,. Three (3) members who are residents of the County, none of whom is a County or.
municipal officer.
Appointment of Members.
The Boundary Commission shall be appointed as described by the requirements contained in the Utah
State Code Section 10-2-409 through 10-2-409.5 and described hereafter.
• County Representatives. Two members who are elected "County Officers" shall be appointed
by the county legislative body.
• Municipal Representatives. The municipal officers shall be appointed by the Municipal Selection
Committee in accordance with Sections 10-2-409 through 10-2-409.5 of the Utah Code.
• Residents. Three residents of the County, shall be appointed by the four other members
(County and Municipal Representatives) of the Boundary Commission as provided for in
Section 10-2-409 2 a iii.
Commission Terms. The terms of the offices shall be accordance with 10-2-410 of the Utah Code. The
terms of County and Municipal Representatives shall coincide with the term of their elected office in the
County or municipality.
Vacancies. Vacancies on the Commission shall be filled for the remaining unexpired term of the
vacating member and shall be appointed in accordance with this ordinance and Utah State Code Section
10-2-409 through 10-2-409.5
Chairperson. The election of the Chair shall conform to Section 10-2-410 3 a -b of the Utah Code and
described hereafter. The members of the Boundary Commission shall elect a Chair from their
membership. To be eligible for consideration as the Chair the commissioner must have a term that does
not expire for at least two years prior to being elected Chair. The term of the Chair shall be for two years.
Staff. The Council's Office and Community Development Department will serve as staff to assist with
the organization of meetings and to maintain minutes.
Expenses. Any expense related to the Boundary Commission shall be governed by Section 10-2-412
of the Utah Code.
Quorum & Action. The majority of the Commission constitutes a quorum, and Commission action
requires the majority vote of the Commission.
Meetings. Commission shall meet at least once annually, as required by Utah Code, and as determined
by the Chairperson. Meetings shall be in compliance with the Open Meeting Act Title 52 Chapter 4.
Disqualification of Commission Member and Alternate Members. The disqualification of a
Commission Member and the use of an alternate member of the Commission shall occur in accordance
with Utah Code 10-2-412..
Controlling, Code Notwithstanding language contained in this ordinance the controlling language ;:in
cases of conflict with the Utah Code, shall be the language contained in the Utah Code.
APPROVED THIS 7th DAY OF OCTOBER 2008, BY THE FOLLOWING VOTE:
AYE: Ciarus, McNeely, Graham, Lewis, Greenberg, Holvoak
NAY:
ABSENT: Langianese
ATTEST:
Diana Carroll, Clerk/Auditor
GRAND COUNTY COUNCI
hairman