Ordinance No. 06-80Recorded at the request of and return to:
Park City Municipal Corporation Fee Exempt per Utah Code
Attn: City Recorder Annotated 1953 21-7-2
P O Box 1480, Park City UT 84060
Ordinance No. 06-80
AN ORDINANCE APPROVING THE BERNOLFO FAMILY ANNEXATION
AND APPROVING AN ANNEXATION AGREEMENT AND
AN AMENDMENT TO THE PARK CITY ZONING MAP
TO PLACE THE BERNOLFO FAMILY PROPERTY, AT 175 WEST SNOWS
LANE, INTO THE ESTATE (E) DISTRICT AND THE SENSITIVE LANDS OVERLAY
DISTRICT (SLO)
WHEREAS, the owner of the property known as the Bernolfo Family Property
have petitioned the City Council for approval of an annexation into the Park City limits;
and
WHEREAS, the property is approximately 6.545 acres in size and is located at
175 West Snows Lane, west of Thayne's Canyon Subdivision #4; and
WHEREAS, the Bernolfo Family Property parcel will be zoned E (Estate) and
SLO (Sensitive Lands Overlay); and
WHEREAS, the property was properly noticed and posted according to the
requirements of the Land Management Code; and
WHEREAS, proper legal notice was sent to all affected property owners; and
WHEREAS, the Planning Commission held public hearings on July 26th and
October 11th, to receive input on the proposed annexation and zoning; and
WHEREAS, the Planning Commission, on October 11, 2006, forwarded a
positive recommendation on the proposed annexation and zoning to the City Council;
and
WHEREAS, on November 16, 2006, the City Council held a public hearing to
receive input on the proposed annexation and zoning; and
WHEREAS, it is in the best interest of Park City, Utah to approve this amendment
to the official Park City Zoning Map, this annexation will provide a large lot residential
property near a resort bed base, will incorporate an historic structure within the City limits,
and will provide a pedestrian trail easement for a future public trail.
NOW, THEREFORE BE IT ORDAINED by the City Council of Park City, Utah as
follows:
SECTION 1. ANNEXATION APPROVAL. The annexation of the Bernolfo Family
parcel, located at 175 West Snows Lane, is hereby approved as shown on the
annexation plat (Exhibit A) and according to the Findings of Fact, Conclusions of Law,
and Conditions of Approval as stated below. The analysis section of the City Council
RECORDER'S NOTE ENTRY NO.PM 00799489
LEGIBILITY OF WRITING, TYPING OR Ordinance PAGE 1 / 5
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PRINTING UNSATISFACTORY IN THIS FEE sn0.00 sur�MiT COUNTYCITY MUNICIPAL FEE $ 0.00 BY PARK C27Y' MUNICIPAL CORP
DOCUMENT WHEN RECEIVED. ,Ill 1i1In
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Staff Report is incorporated herein.
SECTION 2. ZONING MAP. The Bernolfo Family Property amendment to the
official Park City Zoning Map is hereby approved as shown in Exhibit B.
SECTION 3. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
CONDITIONS OF APPROVAL.
Findings of Fact:
1. The Bernolfo Family Property is currently located in unincorporated Summit
County and may be annexed to Park City.
2. As part of the annexation petition the petitioner has requested Estate (E)
zoning for the entire 6.545-acre parcel.
3. The proposed land uses are consistent with the purpose statements of the
proposed zoning district. The applicant has volunteered to not allow hotels,
commercial day care, bed and breakfast uses, nightly rental, and lock -out
units. These restrictions are reflected in the annexation agreement.
4. Preliminary site analysis demonstrates existence of sensitive lands on the
property. Therefore, the proposed SLO zoning is appropriate.
5. The proposed annexation meets the purposes stated in the Annexation
Policy Plan, in that this annexation contributes to the achievement of the
goals and policies of the Park City General Plan and further protects the
general interests and character of Park City by including an historic structure
within the Park City boundary, provides an opportunity for future pedestrian
trail connections in the area, and provides a transition in land uses in the
area.
6. The annexation will bring the property into the Park City Municipal
Corporation boundary and enable services to be provided to the Property,
such as police and water, which are more easily accessible from the City
than the County.
7. Annexation of this parcel will not create an island, peninsula, or irregular city
boundary. The annexation is a logical extension of the City Boundary.
8. This property is located within the Park City Annexation Expansion Area,
adopted by the City Council in 2003.
9. Provision of municipal services for this property is more efficiently provided
by Park City than by Summit County.
10. Areas of wetlands, irrigation ditches, and steep slopes have been identified
on the property. It is reasonable to include this property within the Sensitive
Lands Overlay Zone. There are areas of steep slopes on the property which
are due to man-made conditions.
11. The annexation is outside the City's Soils Ordinance District and is not
located within the Spiro point source protection zone. Furthermore, the City
does not have any environmental assessments or known previous history of
the site being impacted with historic mining impacts or other industry. The
subdivision plat will identify the limits of disturbance areas and appropriate
setbacks from very steep slopes, consistent with the SLO regulations.
12. Review of a subdivision plat, upon annexation, will provide an opportunity to
review utility issues and site -specific review to determine location of the
future building pad. Part of the access easement agreement with the Silver
Star developer facilitates ski trail access for this area.
13. It is reasonable and logical to provide municipal level services to this
property adjacent to existing single family and multi -family subdivisions. The
annexation provides a transition area of estate residential density between
existing single family/condominium development to the south and east and
the rural/agricultural uses to the west.
14. The application is subject to the City's Affordable Housing Resolution 17-99.
Conclusions of Law:
1. The Zoning Map amendment is consistent with the Park City Land
Management Code and General Plan.
2. Approval of the Annexation and Zoning Map amendment does not
adversely affect the health, safety and welfare of the citizens of Park City.
Conditions of Approval:
1. The Official Zoning Map shall be amended to include the Bernolfo Family
property within the Estate (E) District and within the Sensitive Lands Overlay
(SLO) Zone.
2. The annexation agreement shall be fully executed and recorded with the
Annexation Plat.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect upon
publication.
PASSED AND ADOPTED this 16T" day of November, 2006.
ARK CITY MUNICIPAL CORPORATION
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