Ordinance No. 06-71Recorded at the request of and return Fee Exempt per Utah Code
to: Park City Municipal Corp. Annotated 1953 21-7-2
Ordinance No. 06-71 Attn: City Recorder
P. 0. Box 1480, Park City, UT 84060
AN ORDINANCE APPROVING THE ANNEXATION OF THE WILBURN WEST
PARCEL AND APPROVING AN AMENDMENT TO THE PARK CITY ZONING
MAP TO ZONE THE WILBURN WEST PROPERTY RD AND ROS.
WHEREAS, the owner of the property known as the Wilburn West
Property have petitioned the City Council for approval of an annexation and
zoning; and
WHEREAS, the Wilburn West Property parcel will be zoned RD
(Residential Density and ROS (Recreation Open Space); 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 a public hearing on August 9,
2006, 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 October 19, 2006, the City Council held public hearings 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.
NOW, THEREFORE BE IT ORDAINED by the City Council of Park City,
Utah as follows:
SECTION 1. ANNEXATION APPROVAL. The annexation of the Wilburn
West parcel is hereby approved as shown on Exhibit A. The analysis section of
the August 9, 2006 Planning Commission Staff Report is incorporated herein.
SECTION 2. ZONING MAP. The Wilburn West Property amendment to
the official Park City Zoning Map is hereby approved as shown in Exhibit B
subject to the following Findings of Facts, Conclusions of Law, and Conditions of
Approval:
i a �'7'� 6588 Bi,01829 P9i"i08 i7-00314
N SPRIGGSr SUMMIT CO RECORDER
�1306 NOV 14 10:26 AM FEE $.00 BY GGB
REQUEST: PARK. CITY MUNICIPAL CORP
RIM- i•`GO867
Findings of Fact:
1. The Wilburn West 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
Recreation Open pace (ROS) for 35.73 acres of the property and
Residential Density (RD) for 5 acres.
3. The proposed ROS, and RD zoning and existing/proposed land uses
are consistent with the Purpose statements of the respective
underlying zoning districts.
4. The Property Owner submitted with the annexation and zoning
petition an amendment to the Cove At Eagle Mountain Record of
Survey Plat that is consistent with the proposed RD zone, in terms of
uses.
5. In 1980, the applicant and the City signed an agreement to exchange
water development impact and water connection fee waivers for water
rights to develop the Park Meadows water system. The waivers
expire on July 20, 2010.
6. The proposed annexation meets the above stated purposes 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 providing open space and
recreation for both community -based and tourism -based recreational
development.
7. The annexation will bring the property into the Park City Municipal
Corporation boundary and enable services such as police and water
that are more easily accessible from the City than the County.
8. Annexation of this parcel will eliminate a potential island, and allow
the annexation of the city owned open space parcels.
9. There is a net benefit to the City as a result of this annexation, due to
the community benefits of passive open space and recreational
amenities.
10. This property is within the Park City Annexation Expansion Area,
adopted by the City Council in 2003.
11. Provision of municipal services for this property is more efficiently
provided by Park City than by Summit County.
12. The proposed development will provide second homes or residential
renal properties, and provides open space and preserves existing
trails.
13. Annexation of this property will allow the city to establish a needed
community open space/recreation area by master planning the site to
address entry corridors, view -shed, and wildlife considerations.
Conclusions of Law:
1. The Zoning Map amendment is consistent with the Park City Land
Management Code and General Plan.
r► 2. Approval of the Zoning Map amendment does not adversely affect
BK1829 PGO8$0
the health, safety and welfare of the citizens of Park City.
Conditions of Approval:
1. The annexation plat map shall delineate the unstable soil area.
SECTION 2. EFFECTIVE DATE. This Ordinance shall take effect upon
publication.
PASSED AND ADOPTED this 191" day of October 2006.
PARK CITY MUNICIPAL CORPORATION
Mayor Dana Williams
Att
J et M. Scott ity Recorder a �`
db�
A{�p ve �6 m• Q7.
Polly amuels McLean °°
Assistant City Attorney
BKi829 PG080'
Wilburn West Annexation Agreement
October 19, 2006
When recorded, please return to:
PARK CITY MUNICIPAL CORPORATION
City Recorder
P O Box 1480
Park City UT 84060
ANNEXATION AGREEMENT
FOR THE WILBURN WEST PROPERTY
This Annexation Agreement is made by and between Park City Municipal Corporation ("Park
City") and The Cove at Eagle Mountain L.C. (hereafter collectively referred to as "Petitioner") to
set forth the terms and conditions under which Park City will annex land owned by Petitioner into
the corporate limits of Park City and extend municipal services to that property. This Agreement is
made under authority of Section10-2-401 et. seq. of the Utah Code, Annotated 1953, as amended,
and shall serve as a supplemental annexation policy declaration when executed by all parties. In
consideration of Park City' s agreement to annex Petitioner' s property and in consideration of the
mutual promises contained herein, the parties agree that the terms and conditions of annexation shall
be as follows:
1. Property. The property to be annexed is approximately 40.73 acres in size as
depicted on the annexation plat, attached as Exhibit A and as more fully described in the legal
description, attached as Exhibit B, and incorporated herein by reference (hereafter referred to as the
"Property").
2. Zonin . Upon annexation, the Property will be zoned RD (Residential Development)
and ROS (Recreation Open Space) as shown on Exhibit A. The maximum density allowed by the
RD and ROS zoning districts for the parcel is 4 units.
3. Master Plan, Subdivision plat, and Project Phasing. Due to the size and intent of
future development on the Property of two duplex buildings, a Master Planned Development is not
required. The Planning Commission has reviewed a preliminary subdivision plat along with the
annexation petition as shown in Exhibit C. A final subdivision plat, utility plan, and construction
phasing and mitigation plan shall be reviewed and approved by the City, and the final subdivision
plat shall be recorded at the Summit County recorder's office as a condition precedent to issuance of
a building permit for the development.
4. Trails. Petitioner agrees as a condition precedent to final subdivision plat approval
for the Property to dedicate public non -vehicular trail easements.
Open Space. The Wilburn West property shall feature 35.73 acres of open space as
R x.
E'K18 9
1 rA8
Wilburn West Annexation Agreement
2
shown on exhibit B. The petitioner and the City shall discuss the possibility of creating a
conservation easement for the property.
6. Fire Prevention Measures. Because of significant wild land interface issues on the
Property, the Petitioner agrees to implement a fire protection and emergency access plan, to be
submitted prior to issuance of any building permits, and to be reviewed and approved by the Fire
Marshall and Chief Building Official for compliance with applicable building and fire codes.
7. Roads and Road Design. All streets and roads within the Property shall be designed
according to the City's road design standards and shall be private. Maintenance of all roads, parking,
sidewalks, and pedestrian circulation shall be by the entity holding fee title to the property, or the
Homeowner's Association.
8. Affordable Housing. Section 4 of Housing Resolution 17-99 in effect at the time
of application requires an affordable housing contribution equal to "15 percent of the total
residential units constructed" for annexations. The calculation for affordable housing will be
based on the final maximum density for the property. The housing mitigation proposed by the
Applicant must be approved by the Park City Housing Authority.
9. Sanitary Sewer. Alignment of the sanitary sewer shall be determined as a part of the
final subdivision plat for the Property. The preferred alignment shall be determined, which results in
the least visual impact and site disturbance while meeting site design and construction requirements
of the Snyderville Basin Water Reclamation District.
10. Water Rights and Water Impact Fees. The Petitioner shall not be required to
dedicate water rights as a condition of this annexation. Pursuant to that certain agreement
entitled FIRST AMENDMENT TO NOVEMBER 27, 1996 AGREEMENT BETWEEN
EAGLE MOUNTAIN PARTNERS, LLC; KEARNS-TRIBUNE CORPORATION; AND
PARK CITY MUNICIPAL CORPORATION, City will apply a credit against water
development and water connection impact fees for each of the four units to be developed within
the Property. Said credits are not to exceed $15,000, and will expire if unused on July 20, 2010.
Petitioner acknowledges and agrees that water impact fees in excess of $15,000 will be charged
to development within the Property.
11. Water Infrastructure and Other Water System Costs. Except as set forth above,
as a condition of this Agreement, the Petitioner shall construct and dedicate all necessary water
facilities and easements as determined by the City during the final subdivision and utilityplan review
process. A financial guarantee for the completion of such facilities shall be a condition precedent to
recordation of the final subdivision plat. All such facilities shall be constructed to specifications
approved by the City Engineer. Upon completion of such facilities, easements and appurtenances, all
to the satisfaction of the City Engineer, the Petitioner shall dedicate the easements and water facilities
to the City. The Parties agree that the City will not use Eminent Domain to acquire any necessary
tBU829'�. 11
Wilburn West Annexation Agreement
easements.
12. Planning Review Fees. Petitioner is responsible for all planning, building,
subdivision and construction inspection fees required by the City at the time of application.
13. Impact and Building Fees. Petitioner shall pay all generally -applicable fees, such as
development impact, park and recreation land acquisition, building permit, and plan check fees due
for construction on the Property at the time of application for building permits.
14. Acceptance of Public Improvements. Petitioner shall offer to Park City title to
those water facilities, easements and appurtenances, upon Petitioner's fulfillment of all Code
requirements and Park City' s final approval of the infrastructure construction.
15. Snow Removal and Storage. Park City is not obligated to remove snow from
private streets within the Property.
16. Fiscal Impact Analysis. The fiscal impact analysis prepared by Jack Johnson
Company, Inc, dated December 6, 2003, and submitted with the Wilburn West Annexation petition,
including revenue and cost assumptions related to the annexation and development of this Property,
is hereby accepted and approved by the City.
17. Effective Date. This Agreement is effective as of the date of the Resolution
authorizing its execution.
18. Governing Law. The laws of the State of Utah shall govern this Agreement.
Jurisdiction and venue are proper in Summit County.
19. Real Covenant, Equitable Servitude. This Agreement constitutes a real covenant
and an equitable servitude on the Property. The terms of this Agreement touch and concern and both
benefit and burden the Property. The benefits and burdens of this Agreement run with the land, and
are intended to bind all successors in interest to any portion of the Property.
20. Assignment. This Agreement is also a personal obligation of the Petitioner.
Petitioner may assign its obligations under this Agreement, only upon prior written consent of the
City, upon demonstration that the City' s rights are adequately secured by the assignment. Consent
to assignment shall rest in the sole discretion of the City.
21. Compliance with City Code. Notwithstanding paragraph 17 herein, from the time
of City Council approval of this agreement, Petitioner and his agents shall comply with all City
Codes and Regulations pertaining to the subject Property.
22. Full Agreement. This Agreement contains the full and complete agreement of the
C
BK1829 PGO012.
Wilburn West Annexation Agreement
4
parties regarding the Annexation and there are no other agreements in regard to the annexation of the
Property. Only a written instrument signed by all parties hereto may amend this Agreement.
DATED this 19`h day of October, 2006.
Exhibits: A) Annexation and Zoning Plat
B) Legal Description
IN WITNESS WHEREOF, this Annexation Agreement has been executed by Nancy Rossman,
as Manager of the Cove at Eagle Mountain L.C. or by persons duly authorized to execute the
same and by the City of Park City, acting by and through its City Council as of the 191h day of
October, 2006.
PARK CITY MUNICIPAL CORPORATION
B:
Dana Williams, Mayor
AT ES .
By:
J t M. Scott, City Recorder
APPROVED AS TO ORM:
BAN& 1)
Mark D. Harrington, Vty Attorney
DEVELOPER:
COFPMTE
Nancy Rossman, Manager of the Cove at Eagle Mountain L.C.
(av, a Q--�
By: Nancy Aossman, Manager of the Cove at Eagle Mountain L.C.
STATE OF >f4" )
c: (&t ...V : ss
COUNTY OF 9 )
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BK1829 PG@$13
Wilburn West Annexation Agreement
On this `� D day of ()&., 2006, personally appeared before me Nancy Rossman, as
Manager of the Cove at Eagle Mountain L.C. whose identity is personally known to me/or proved to
me on the basis of satisfactory evidence and who by me duly sworn/affirmed), did say that she is the
owner of the Wilburn West property. J (--
N
KAREN M. EATON
�.. .�-. MY COMMISSION # DD 512390
f EXPIRES: March 1, 2010
a /,r�� Bonded ttw Notary Public Underwriters- - - — ___j
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BK1829 PG8817
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