Ordinance No. 04-35Ordinance No. 04-35
AN ORDINANCE ANNEXING APPROXIMATELY 12.32 ACRES OF PROPERTY
LOCATED ON THREE KINGS DRIVE IN THE SOUTHEAST QUARTER OF SECTION
8, TOWNSHIP 2 SOUTH, RANGE 4 EAST, SALT LAKE BASE AND MERIDIAN, INTO
THE CORPORATE LIMITS OF PARK CITY, UTAH AND AMEDNING THE OFFICIAL
ZONING MAP OF PARK CITY TO INCLUDE THE ANNEXED AREA.
WHEREAS, on October 29, 2003 Paladin Development Partners, LLC
with consent of the property owners, filed an annexation petition, as shown on the
attached Annexation Plat, Exhibit A (Property), requesting Park City to annex the
Property to the City, zoned as Residential Medium Density (RDM) subject to the Master
Planned Development review process as outlined in the Land Management Code;
WHEREAS, the Property is included within the Park City Annexation
Expansion Area; and
WHEREAS, the requested zoning (RDM, Residential Development
Medium Density) is consistent with the Park City Land Use Plan that identifies this area
as medium density residential and resort related development; and
WHEREAS, an application for a Master Planned Development was
submitted with the annexation petition, that includes 8.26 acres of adjacent property
currently within the Park City incorporated limits; and
WHEREAS, the MPD includes a mixed use development of
condominiums, cottage units, resort related support commercial uses, renovation of
historic structures, an artist -in -residence studios and office space, employee housing, a
ski lift and ski runs and no development is located on sensitive lands, including naturally
occurring steep slopes; and
WHEREAS, the Property has access from Three Kings Drive, a public
City Street, and no new city streets are required to provide access for said Property;
and
WHEREAS, Petitioners propose extraordinary fire prevention measures
on site to mitigate the location in a wild land interface area and the length of the private
cul-de-sac; and
WHEREAS, there are several Historic Structures located on the Property,
as identified by the Alta Survey of October 23, 2003 submitted with the annexation
petition, and the applicant has submitted an Historic Building Renovation Plan for said
Historic Structures; and
WHEREAS, on March 14, May 12, and June 23 2004 the Planning
Commission, after proper notice, conducted public hearings and on June 23, 2004 the
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Planning Commission voted to forward a positive recommendation to the City Council;
and
WHEREAS, on January 8, 2004, the Park City Council accepted the Spiro
Tunnel petition for annexation; and
WHEREAS, the City reviewed the petition against the criteria stated in
Sections 10-2-403 (2), (3), and (4) of the Utah Code, annotated 1953 as amended, and
finds that the petition complies with all applicable criteria of the Utah Code; and
WHEREAS, on February 9, 2004 the City Recorder certified the
annexation petition and delivered notice letters to the "affected entities" required by
Utah Code, Section 10-2-405, giving notice that the petition had been certified and the
required 30-day protest period had begun; and
WHEREAS, no protests have been filed by any "affected entities" or other
jurisdictions; and
WHEREAS, an Annexation Agreement has been negotiated before the
City and Petitioner pursuant to the Land Management Code, Section 15-8-5C setting
forth further terms and conditions; and
WHEREAS, on July 22 and August 12, 2004, after proper notice, the City
Council conducted public hearings and took public testimony on the matter, as required
by law; and
WHEREAS, the Property is not included within any other municipal
jurisdiction; and
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 substantially the same form as is attached hereto
as Exhibit B.
SECTION 2. ZONING MAP AMENDMENT. The official Zoning Map of Park City,
adopted pursuant to Section 15-1-5 of the Park City Land Management Code, is hereby
amended to include the Spiro Tunnel Annexation as depicted in Exhibit A.
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 Annexation Agreement attached as
Exhibit B and shall be subject to all City levies and assessments as described in the
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terms of the Annexation Agreement. The Property shall be subject to all City laws,
rules and regulations upon the effective date of this Ordinance.
SECTION 4. COMPLIANCE WITH STATE LAW GENERAL PLAN AND
ANNEXATION POLICY PLAN. This annexation meets the standards for annexation set
forth in Title 10, Chapter 2 of the Utah Code, the Park City General Plan, and Land
Management Code --Chapter 8: Annexation.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon recordation of
this Ordinance and annexation plat and filing pursuant to the Utah Code Annotated
Section 10-2-425.
DATED this 12th day of August 2004.
PARK CITY MUNICIPAL CORPORATION
Dana Williams, MAYOR
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net M. Scott, CITY RECORDER
APPROVED AS.TO FORM: \oO_j ti
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Mark D. Harringt n, CITY ATTORNEY
BK 1645 P 01355