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Resolution No. 9-97Resolution No. 9-97 A RESOLUTION AUTHORIZING AN ANNEXATION AGREEMENT, ADOPTING A SPECIFIC ANNEXATION BOUNDARY DECLARATION, AND ANNEXING APPROXIMATELY 80.13 ACRES OF PROPERTY LOCATED ATHIGHWAY 224 INTO THE CORPORATE LIMITS OF PARK CITY, UTAH WHEREAS, a petition was filed by Black Diamond Paitners, with consent of the owners, of certain property, more particularly on the attached Annexation Plai1, Exhibit A (Property), requesting Pai·k City to aimex the Property to the City, zoned as Estate (E) and Recreation Open Space (ROS). WHEREAS, the Property is included within the City's Almexation Boundary area; WHEREAS, the City has been working with the Property Owners since July 8, 1994 on a master pla11ned development for the Property to allow development and to enha11ce the City's entry corridor; WHEREAS, the Petitioners have offered to convey approximately 30.52 acres of the Property as open space to the City as a pait of this aimexation which adds to the protection of the entry corridor a11d is contiguous to other City property; WHEREAS, the application for aimexation and master plaimed development have been designed a11d plaimed to comply with the Sensitive Lands Ordina11ce; WHEREAS, Petitioners propose extr·aordinary fire prevention measures on site to mitigate the lack of secondary access; WHEREAS, on February 22, 1996, March 7, 1996, April 4, 1996 April 25, 1996, April 3, 1997, a11d May 1, 1997 the City Council reviewed the matter in open public session; WHEREAS, on December 14, 1995, March 7, 1996, April 4, 1996 a11d May 1, 1997, after proper notice, the City Council conducted public hearing and took public testimony on the mater, as required by law; WHEREAS, the Prope1ty is not included within a11y other municipal jurisdiction, and there have been no protests filed by a11y other jurisdictions; NOW, THEREFORE BE IT RESOLVED by the City Council of Park City as follows: SECTION 1. ANNEXATION AGREEMENT. Council hereby authorizes the Mayor to execute the Annexation Agreement in substa11tia1ly the same form as is attaohefil lrei:etto•as&:xhibit:iR·"'· vr><.,·:,u::>-·�":".: · ,.,.ift·UJ=t"- "179 851? BK. lt"J'I� , ����E��rr��:Ic.��f:;�P,};��::,":i r:. ;.J�YF Page2 SECTION 2. SPECIFIC ANNEXATION BOUNDARY DECLARATION. Public hearings have been held on this annexation declaration and no protests have been filed within the statutory protest period. Cmmcil hereby specifically declares its armexation boundary to include the Property as master plarmed. SECTION 3. ANNEXATION. The Property is hereby annexed to the corporate limits of Park City, Utah according to the annexation and zoning plat executed in substantially the same form as it attached hereto as Exhibit A. The Property so annexed shall enjoy the privileges of Park City as described in the Am1exation Agreement attached as Exhibit B and shall be subject to all City levies and assessments as described in the terms of the Am1exation Agreement. The Property shall be subject to all City laws, rules and regulations upon the effective date of this resolution. SECTION 4. FINDINGS OF FACT. 1. A petition for armexation and application for MPD and Sketch Plat was submitted on July 8, 1994 for Sandstone Cove. 2. The Property is within the Annexation Policy Declaration Boundary of Park City adopted herein, is contiguous to the City's corporate bmmdary and is appropriate for development in the corporate boundary due to its proximity to and access through Park City. 3. Park City's benefit in accepting this Am1exation arises from Petitioner's offer to donate 31 acres along the City's entry corridor. The donation parcel is contiguous with, and links other City property. 4. The Petitioner proposes to build a water tank which will provide adequate water for this subdivision as well as the potential to provide additional water storage and fire flow for other Park Meadows subdivisions. Council specifically finds that this water tank is not intended to serve property that is not presently, or by this action, incorporated within the City Limits and is not intended to induce further property to armex into the City Limits. 5. The Petitioners proposed extraordinary fire protection measures to mitigate their inability to provide two points of emergency access for the proposed development. These measures include a commitment to implement the following mitigation plan for each dwelling unit, all to the reasonable satisfaction of the Fire Marshall: a) Exterior building materials shall be constructed of flame retardant or non combustible materials; b) All structures shall have exterior and interior fire sprinklers; c) No wood burning devices (exterior or interior); Page3 d) All structures shall be surrounded by defensible space which includes a primary zone of twenty-five feet from the structure(s) in which plant materials must be irrigated and a secondary zone of an additional fifty feet in which dead or unhealthy plant material must be cleared at all times; e) Adequate fire flow for this project supplied by a new underground 250,000 gallon water tank, easements, and appurtenances all dedicated on site, at the elevation of 7200 feet. 6. The Planning Commission conducted a public hearing on December 10, 1995 and distributed written notice of the public hearing consistent with the Park City Land Management Code. 7. On February 22, 1996, March 7, 1996, April 4, 1996 April 25, 1996, April 3, 1997, April 17, 1997 and May 1, 1997 the City Council reviewed the matter in open public session; and on December 14, 1995, March 7, 1996, April 4, 1996 and May 1, 1997, after proper notice, the City Council conducted public hearing and took public testimony on the mater, as reqnired by law. 8. Petitioners' master planned development site design avoids sensitive 1idge lines, wetlands and slopes in excess of 30%. 9. Upon annexation, the approximately 17.78 acres of the Property will be zoned Rstate (E) and the remainder of the Property shall be zoned Recreation Open Space (ROS). The Estate and ROS zones are both fully described and depicted on Exhibit A. 10. Parcel 1 will be donated to the City in fee simple absolute. Parcel 1 is approximately 30.52 acres and is fully described and depicted on Exhibit A. 11. Petitioners have offered to construct trails and dedicate trail easements for public use, to confrne the proposed development within limits of disturbance, to subject the Property to normal and customary impact fees, to limit building heights on lots 2, 3 and 4 to a maximum of 25 feet and to comply with the City's Affordable Housing Guidelines. 12. All provisions outlined in the Annexation Agreement shall apply. SECTION 5. Conclusions of Law: 1. The Sandstone Cove Annexation and background zoning are consistent with the health, safety, welfare of the citizens of Park City, and provide a benefit to Park City citizens through the proposed public dedication and preservation of Open Space, a dedication for affordable housing, important trail linkage and t11e provision of water rights and improved fire flow in the Park Meadows area. Page4 2. The Annexation proposed meets the standards set forth in the Annexation Policy Declaration, the Land Management Code, the Sensitive Lands Ordinance, and UCA (Section 10-2-417). 3. The annexation proposed is consistent with the 1997 General Plan. SECTION 6. Conditions of Approval: I. The MPD will not become effective unless and until the Annexation Plat for Sandstone Cove is recorded with the County Recorder. The MPD approval shall expire pursuant to the Land Management Code, one year from the effective date of this resolution. 2. Petitioners shall execute the Annexation Agreement attached hereto. 3. The preliminary and final plats for Sandstone Cove shall follow a normal, thorough planning process in accordance with the conditions of approval of the Master Planned Development, the Annexation Agreement and the Land Management Code. The plats shall substantially conform to the Planning Commission's December 10, 1995 MPD and Sketch Plat approval for Sandstone Cove, as amended by the City Council (i.e. 16 lots not 18 lots, etc.). Specifically, the subdivision plat must include provision for the following: a) Restrictions on home sizes which are consistent with adjacent developments and which take into consideration the visual impact of the building(s) within the building pads. b) Offers of dedication of exact trail locations which provide soft surface trails connecting Mountain Ridge Subdivision to Meadows Drive in the Eagle Pointe Subdivision. These trails shall be constructed concurrent with subdivision improvements. c) Architectural Guidelines and C,C&R's which are consistent with the MPD approval and which address fire prevention measures approved by the Chief Building Official, limits on building location, limits on irrigable area, design guidelines consistent with City standards, and no perimeter fencing of the development or of individual lots within the development. 4. The sanitary sewer connection for the Master Planned Development is configured to connect to the sanitary sewer lines in the Eagle Pointe subdivision. The Petitioner must acquire easements, construct such improvements and dedicate to the Snyderville Basin Sewer Improvement District all necessary sewer lines for the MPD. The actual sewer aligmnent must comply with Sensitive Lands Ordinance. 5. All Park City Municipal Corporation Standard Project Review Requirements shall apply. Page 5 6. Petitioners must dedicate and actually convert to municipal use within the Treasure Mountain Middle School Well, a minimum of 24 acre feet of water rights with a priority of 1865 or earlier and which have a low flow source which satisfies the Public Works Director as adequate to serve the Sandstone Cove development. 7. The applicant shall build and dedicate to the City a 250,000 gallon water tank, and all appurtenances, including but not limited to an above ground pump station, as required by and to specifications approved by the City Engineer. SECTION 7. Compl iance with State Law. This anne xation, in the judgment of Park City, meets the standards for anne xation set forth in Title 10, Chapter 2 of the Utah Code. SECTION 8. Effective Date. This Resolution shall talce effect immediately. DATED this 1st day of May, 1997. PARK CITY MUNICIPAL CORPORATION ATTEST: APPROVED AS TO FORM: ��v� @:ittorney a . � � § • � 0 � t NOOt1r•s"£ 191ij)D' • �IS ...,-r ,. ... h i � �(j t"' _ 1 �? ;.,_ . '//�--!" -1# l -r� NDC701'l:n: ��-liOUNT OLYMPIC INC. ANNEXA TION & ZONING PLA T OF THE SAND STONE COVE SUBDIVISION LYINC If/THIN THE NORTH HALF OF SECTION 6, TOWNSHIP 2 SOUTH, RANCE 4 EAST. SALT LAKE BASE � llERJOIAN SUMMIT COUNTY, UTAH 0 0C0U:, l'•H# ""'""'m,....._::N 0!!:!!!'22..:J' ._L -- --- J/OUNT OLYJ/PIC INC. /' // ---..,,�-"!2•7:2 .. )Y // - .!1// �� ,/ --- re.......,, NII 81l!!M " NJ "f erqpg ��:i��==�� .. ��:�:-:�-=== � \ __ _ _,,, ,,,. .,._,. " -,. �·.:r:-:.:c.s•. --4""!1 -_-,-_�-=- .1 ., ,,,,,. .. -­u. ........ llARDULA PRDPER TY ,,.. ./ /PARCEL i_/ ,// /, �$' ,/ (��ji�3:'"'3I ----........ • -.j',. · .. ,s;· ·" • n....ria---'b,_ ir f '•..:._ 0 •.,_ IC I ... ·. (, Ill , ,, ,- � ........... _ ...... 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AT �ICH TIME T};JS RECORD OF SURVEY WAS APPROVED. i.!AYOR ,....,.... mnn-•Jf ' """'�""-� .............. _,_ ____ ,,..,... ctSftllCATT; .... :t>-�111·'20! !l ""D<aell UICl[I -..._ ,,, -SU.TT;" OT,.._ o f\111\Wll CUTrr IH!T D<l-OS!"-l:l�Te-"'"C�-"'---!OCA-TIC ___ .., ..., .....,,os�ll!SUl.-seoWiol........,.,..., �· ,....,,ff ...._ ,,,,,. ... --u. .... . ... -.,._,."'...,_ :I. -·--•Nt. ..... �-·- CITY ENGINEER APPROVAL AS TO FORM H RECORDED Ai>i>RO\IEO ANO ACCEPTED 8Y THE ---CITY ENGINEERING DEPART-MENT ON T�IS __ DAY or __ _ A.O. 19_. APPROVED AS TO FORM ON T�IS ----11 « ---· IDAY OF ---A.D. 19-STATE OF=::;:::::;;::::: COUNTY OF' RECORDED ANO FILED AT Tl-IE REQUEST OF: -:�.��-·'! �j� ... ::ii -f Po.01' .. TE ... nl,.._ �··� THE JACK JOHNSON COMPANY llY RECORDER Cl Ir ENGINEER crrY A TTORi1fEY ¢0UN Ir RECORDER 1910 (z::rcJ:.:;;;:;. �,rig�-:211- ; • �-� ' .--; :) .•: ,i .I EXHIBIT B LEGAL DESCRIPTION -ANNEXATION BOUNDARY Beginning at the north quarter comer of Section 5, Township 2 South, Range 4 East, Salt Lake Base and Meridian; and running thence South 89047'46" East along section line 1323.74 feet; thence South OOo04'39" West 2664.49 feet to the Southeast comer of the Southwest quarter of the Northeast quarter of said Section 5; thence South 89056'58" West 1321.18 feet; thence North 89056'13" West 220.37 feet; thence North OOo07'45" East 198.00 feet; thence South 89056'4 1" East 220.00 feet to the Quarter section line of said Section 5; thence North OOoOl '22" East along said section line 2472.33 feet to the point of beginning. Contains 81.98 acres more or less. m >< :::; c­;:;: () 8 " � I 5 � fu. �� 1T•5' l94.00' ---r \'/I ·.-I Ii: ! ... II i ' Ii I t(J I I ' I -,, t; /.J't I .(�� I" : ,�, .J f I . ' 'Ii . I . , !<'rs ·"',� "°"J1,;y·c llOUNT OLYMPIC INC. !fGN llf¥1rrIQ • '? • t1M -a:---·-·-;r.,_,,"'"""-""=:5.i..-.:a.--·-��·-�-=�-�-E\r �:i ""�""' .... 7.:::::...�-�=-T=--3''=-="·--=---=-=1:.=e:�=��-:.:: ------=i ..... ----·- /PARCEL OF ANNEXA TI ON &: ZONIN G PLA T THE SAND STONE COVE SUBDIVISION LYING tflTHIN THE NORTH HALF OF SECT/OH 5, T011NSHIP 2 SOUTH, RANCE 4 EAST; SALT LAKE BASE .t I/ER/DIAN SUMI/IT COUNTY, UTAH 0 �···'"" ...,,...,,.,,..-::N as:2!'2r...£ __l _ - --- JIOUNT OLYMPIC INC. _,,._.,, _ ,,,, -·--·-. ..... """ ...... _ ''l'N '!?§'"! 'WJtrpr "tte«r :i:.-"-·-·-����.._ --�--.. ----­�-=.'Mir��--..... --� ... -�-:------·- /' // --�-=�•72.ll' // - / � ,/ --- •·#'W!!n ME ftl?'" fl" wr '7 ""TIP .. ���-==.&$'�--· r;::.."":=ii-:.:� --_ .. __ _ <>r-..::-;:;;:_:.:..::u:."::"-a_":.<::. 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"(;i,'f1t,��::io&4Ql(l � l ·.--l ;-.� : .. � • ·_5 EXHIBIT B LEGAL DESCRIPTION -ANNEXATION BOUNDARY Beginning at the north quarter comer of Section 5, Township 2 South, Range 4 East, Salt Lake Base and Meridian; and running thence South 89047'46" East along section line 1323.74 fe et; thence South OOo04'39" West 2664.49 fe et to the Southeast comer of the Southwest quarter of the Northeast quarter of said Section 5; thence South 89056'58" West 1321.18 feet; thence North 89056'13" West 220.37 feet; thence North OOo07'45" East 198.00 feet; thence South 89056'41" East 220.00 fe et to the Quarter section line of said Section 5; thence North OOo01'22" East along said section line 2472.33 fe et to the point of beginning. Contains 81.98 acres more or less. n g � ' .-----. m � >< :;;; C'" 0 ;::;: r=g (') 0 g 0