Ordinance No. 2013-06When recorded return to:
Park City Municipal Corporation
City Recorder
P O Box 1480
Park City, Utah 84060 Fee exempt per Utah Code Annotated 11-13-102
Ordinance 13-06
ORDINANCE APPROVING AN ANNEXATION OF APPROXIMATELY 33 ACRES
KNOWN AS THE RICHARDS/PCMC ANNEXATION LOCATED IN THE SOUTH HALF
OF SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 EAST, SALT LAKE BASE AND
MERIDIAN, PARK CITY, UTAH AND AMENDING THE OFFICIAL ZONING MAP OF
PARK CITY TO ZONE THE PCMC PROPERTY AS RECREATION OPEN SPACE
(ROS) AND THE RICHARDS PROPERTY AS SINGLE FAMILY DEVELOPMENT (SF).
WHEREAS, on February 7, 2012, the Petitioners, PCMC and Franklin D.
Richards, Jr. Family Trust, filed an annexation petition with the City Recorder for
annexation of two metes and bounds described parcels that are currently within the
jurisdiction of Summit County and surrounded by properties that are within the Park City
municipal boundaries as shown on the attached Annexation Agreement;
WHEREAS, the Property is 33.49 acres in area and is located west of SR 224
and north of Payday Drive, as described in the attached Annexation Agreement,
Annexation Plat (Exhibit A to the Annexation Agreement), Legal Descriptions (Exhibit B
to the Annexation Agreement) and Proposed Zoning Map Amendment (Exhibit F to the
Annexation Agreement);
WHEREAS, the Property is included within the Park City Annexation Expansion
Area, and is not included within any other municipal jurisdiction;
WHEREAS, the annexation petition was accepted by the City Council on
February 16, 2012;
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 found the
petition complied with all applicable criteria of the Utah Code;
WHEREAS, On March 1, 2012, the City Recorder certified the annexation
petition and delivered notice letters to the "affected entities" required by Utah Code,
Section 10-2-405, and provided legal notice that the petition had been certified and the
required 30-day protest period had begun;
WHEREAS, no protests were filed by any "affected entities" or other jurisdictions
within the 30-day protest period and the petition was considered accepted on April 1,
2012;
WHEREAS, the Planning Commission, after proper notice, conducted public
hearings on the Annexation petition application on May 91h September 26th, October
24'h, November 28th, December 12'h, 2012, and on January 9th, 2013;
WHEREAS, on January 9th, 2013, the Planning Commission forwarded a
recommendation to City Council on the proposed annexation and zoning of the
Richards/PCMC Annexation;
WHEREAS, on January 31'�, 2013, the City Council conducted a public hearing
and discussed the annexation and zoning map amendment and took public testimony on
the matter, as required by law;
WHEREAS, the City Council finds that the annexation and requested zoning map
amendments are consistent with the Park City General Plan;
WHEREAS, the preliminary subdivision plat (Exhibit C to the Annexation
Agreement) sets forth a maximum of seven single family development lots and one
common lot for an existing indoor riding arena. Preliminary platting indicates maximum
allowable density of seven units, lot sizes, preliminary building pad areas for houses and
barns, house sizes, building massing and height restrictions, limits of disturbance areas,
phasing, access, and other site planning requirements that have a goal of enhancing
rather than detracting from the aesthetic quality of the entry corridor and ensuring that
the final plat will result in a development that is compatible with the surrounding
neighborhood; and
WHEREAS, an Annexation Agreement, between the City and Franklin D.
Richards, Jr., Family Trust, pursuant to the Land Management Code, Section 15-8-5 (C),
setting forth further terms and conditions of the Annexation and final subdivision plat, is
herein attached.
NOW, THEREFORE BE IT ORDAINED by the City Council of Park City, Utah as
follows:
SECTION 1. ANNEXATION APPROVAL. The Property is hereby annexed into
the corporate limits of Park City, Utah according to the Annexation Plat executed in
substantially the same form as is attached to the Annexation Agreement and according
to the Findings of Fact, Conclusions of Law, and Conditions of Approval as stated below
and within the Annexation Agreement.
The Property so annexed shall enjoy the privileges of Park City as described in the
Annexation Agreement and shall be subject to all City levies and assessments,
conditions, and restrictions as described in the terms of said Annexation Agreement.
The Property shall be subject to all City laws, rules and regulations upon the effective
date of this Ordinance.
SECTION 2. ANNEXATION AGREEMENT. City Council hereby authorizes the
Mayor to execute the Annexation Agreement in substantially the same form as is
attached hereto and as approved to form by the City Attorney.
ANNEXATION POLICY PLAN. This annexation and the proposed zoning meets the
standards for annexation set forth in Title 10, Chapter 2 of the Utah Code, the Park City
General Plan, and Park City Annexation Policy Plan - Land Management Code Chapter
8, Annexation.
SECTION 4. OFFICIAL PARK CITY ZONING MAP AMENDMENT. The Official
Park City Zoning Map is hereby amended to include said PCMC Parcel in the ROS
zoning district and the Richards Parcel in the SF zoning district, as shown in Exhibit F to
the Annexation Agreement.
SECTION 5. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
CONDITIONS OF APPROVAL.
Findings of Fact
1. On February 7, 2012, the applicants filed an annexation petition with the City
Recorder for annexation of two parcels currently within the jurisdiction of Summit
County and completely surrounded by properties within the Park City municipal
boundaries.
2. The applicants are requesting annexation and zoning approval for two separately
owned parcels. The Franklin D. Richards Jr. Family Trust ("Richards Parcel") is
13.75 acres and the requested zoning is Single Family (SF). The PCMC Parcel is
19.74 acres and the requested zoning is Recreation Open Space (ROS).
3. The property is located north of Payday Drive (north of the Thayne's Creek
Ranch Subdivision), south of Aspen Springs Subdivision, east of Iron Canyon
Subdivision, and west of Highway 224. The property is surrounded on all
boundaries by Park City municipal boundaries and is considered an island of
unincorporated land.
4. The applicants submitted an annexation plat for the two parcels, prepared by a
licensed surveyor and additional annexation petition materials according to
provisions of the City's Annexation Policy Plan and Utah State Code. A
Preliminary Subdivision Plat (Exhibit C to the Annexation Agreement) and an
existing conditions survey map were also submitted.
5. The Preliminary Subdivision Plat indicates four single family home lots in Phase
and three single family lots in Phase II, and Lot 8, the equestrian lot. The existing
home, guest house and horse training facility are in Phase II and may remain un-
platted until a final subdivision plat is submitted and approved by the City for that
property. Barn pad locations are indicated for the equestrian lots.
6. The petition was accepted by the City Council on February 16, 2012 and certified
by the City Recorder on March 1, 2012. Legal notice was published in the Park
Record and the Public Website as required by State Code. Notice of certification
was mailed to affected entities as required by the State Code. The protest period
for acceptance of the petition ended on April 15t. No protests to the petition were
filed.
7. The PCMC property is a dedicated open space parcel, subject to a March 241n
2005, Deed of Conservation Easement in favor of the Summit Land
Conservancy, in perpetuity. In 1999, the City purchased this 19.74 acre parcel
through a purchase agreement with the Trust for Public Land from Frank
Richards. A lease agreement is required for use of the PCMC Parcel by any
person or entity other than by the City.
8. The PCMC Parcel is currently utilized for agricultural uses of grazing and growing
of hay, as well as for undisturbed open space along streams, irrigation ditches,
and wetlands. The City provides winter time grooming of a ski trail within the
parcel, along Hwy 224. The land was originally part of the Franklin D. Richard,
Jr. Family Trust. The PCMC property will remain as open space in perpetuity,
subject to restrictions of the 2005 Deed of Conservation Easement (Exhibit D to
the Annexation Agreement).
9. The property is located within the Park City Municipal Corporation Annexation
Expansion Area boundary, as described in the adopted Annexation Policy Plan
(Land Management Code (LMC) Chapter 8) and is contiguous with the current
Park City Municipal Boundary along the south property lines with the Thayne's
Creek Subdivision Annexation (June 2, 1989) and the Treasure Mountain
Annexation (Thayne's Canyon Subdivision) (July 28, 1971). The property is
contiguous with the City along the north property lines with the Peterson Property
Annexation (February 22,1993) and the Chamber Bureau Kiosk Annexation. .
Along the west property line there is contiguity with the Smith Ranch Annexation
(July 14, 1988) (aka Aspen Springs Subdivision) and the Iron Canyon Annexation
(October 28, 1983). Along the east property lines there is contiguity with the
McLeod Creek Annexation (May 7, 1979).
10. The proposed annexation properties are the only non -annexed properties owned
by these Petitioners in the surrounding area.
11. Access to the Richards property is from Payday Drive at the existing driveway to
the Richards farm. Access to the PCMC property is also from Payday Drive, just
west of Hwy 224 at a stubbed in roadway. This access is used by ski grooming
equipment and other municipal vehicles to maintain the property. No access is
proposed directly off of Highway 224 with this annexation or for the subdivision.
12. The property is subject to the Employee/Affordable Housing requirements of the
Affordable Housing Guidelines and Standards Resolution 20-07. One Affordable
Unit Equivalent equals 900 square feet. The affordable housing obligation is 15%
of 6 new units or 0.9 AUE (810 sf). Affordable house shall be provided on -site
according to requirements of the Housing Resolution 20-07, unless payment of
fees in lieu is approved by the Park City Housing Authority. Addition
requirements regarding affordable housing are spelled out in the Annexation
Agreement. Fees in lieu are subject to the dollar amounts established by the
Housing Authority and in effect at the time of submittal of building permits or as
required by the Housing Authority.
13. Land uses proposed in the Preliminary Subdivision Plat include a total of 7 single
family lots and 1 common area lot (Lot 8 of the preliminary subdivision plat) for
an existing riding arena. No density is assigned or permitted to be developed on
Lot 8. Only one single family home and one barn are permitted to be constructed
on the remaining lots. Lot 5 of the preliminary subdivision plat contains an
existing single family house and a guest house that may remain and be used as
a guest house. These uses are permitted.
14. Per the Land Management Code, a maximum of 2 horses per acre of lot area are
permitted on lots containing one acre or more, subject to an administrative
conditional use permit and an animal management plan. The PCMC Parcel
allows only uses permitted by the 2005 Deed of Conservation Easement (Exhibit
D to the Annexation Agreement). Lots 3 and 4 may be combined into one lot of
record, allowing a maximum of 2 horses on the combined lot, subject to the LMC
Section 15-2.11-6 Maximum House Size and Setbacks on Combined Lots and
any conditions of approval of a plat amendment to combine the lots prior to
issuance of a building permit.
15. The proposed land uses are consistent with the purpose statements of the SF
and ROS zones respectively. The SF zone does not allow nightly rental uses
and restricting this use is consistent with the character of the surrounding
neighborhood.
16. The Annexation Agreement and Preliminary Subdivision Plat limit the total
number of lots to eight (8), including the equestrian lot, and the final plat would
include a note indicating that no further subdivision of lots is allowed and no
residential or commercial density is permitted on Lot 8. Barns are to be used for
agricultural uses, horses, and related storage and not for human occupation.
17. Annexation of this parcel will not create an island, peninsula, or irregular city
boundary. The annexation is a logical extension of the City Boundary.
18. Provision of municipal services for this property is more efficiently provided by
Park City than by Summit County.
19. Areas of wetlands and irrigation ditches, and any required setbacks from these
areas have been identified on the property.
20. The annexation is outside the City's Soils Ordinance District and there are no
areas of steep slope that would indicate the property should be placed in the
Sensitive Lands Overlay Zone. Wetlands and streams are protected by language
in the LMC requiring minimum setbacks and protection during construction. The
platting of specific building envelopes for houses and barns at the time of the
final subdivision plat will further protect these sensitive areas from impacts of
development.
21. The annexation petition has been reviewed pursuant to the Utah Code Annotated
(UCA) Sections 10-2-401, 10-2-402 and 10-2-403. The annexation petition
requirements set forth in these sections of the UCA have been met; including
issues of 1) contiguity and municipal annexation expansion area, 2) boundaries
drawn along existing local districts, special districts and other taxing entities, and
3) for the content of the petition.
22. The proposed annexation is consistent with the purpose statements of the
Annexation Policy Plan and as conditioned will protect the general interests and
character of the community; assure orderly growth and development of the Park
City community in terms of utilities and public services; preserve open space and
ensure environmental quality; protect a prominent entry corridor, view sheds and
environmentally Sensitive Lands; enhance pedestrian connectivity, create buffer
areas; and protect the general health, safety, and welfare of the public.
23. City Staff has reviewed the proposed annexation and preliminary plat against the
general requirements established for annexation to Park City as presented in
LMC Section 15-8-2 and as further described in the Analysis section of this
report.
24. The property was posted, courtesy notices were mailed to surrounding property
owners, and legal notice was published in the Park Record according to
requirements for annexations in the LMC and State Code.
Conclusions of Law
1. The Annexation and Zoning Map amendment are consistent with the Annexation
Policy Plan and the Park City 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 designate the PCMC property as
Recreation Open Space (ROS) and the Richards Parcel as Single Family (SF).
2. The Annexation Agreement shall be fully executed and recorded at Summit
County.
3. Petitioner and PCMC shall execute a Water Agreement (Exhibit E to the
Annexation Agreement, to be recorded separately) providing for the
transportation of water to the subdivision.
4. Recordation of a final subdivision plat, to create legal lots of record; dedicate
utility, access, drainage, snow storage, and irrigation easements; identify platted
building pads for houses and barns; identify limits of disturbance areas and
driveway and hard surface areas; establish architectural guidelines for barns;
establish fencing details; and to address other issues that are typically addressed
at the time of the final subdivision plat, is a requirement prior to commencing of
site work and issuance of building permits on the Property.
5. The final subdivision plat shall be in substantial compliance with the Preliminary
Subdivision Plat (Exhibit C to the Annexation Agreement) submitted with the
Annexation petition, as amended. The final subdivision plat shall include plat
notes stating that the maximum density of the subdivision is seven (7) single
family dwelling units and that no lot shall be further subdivided to increase the
overall density of the subdivision. Barns shall not be used for human occupation.
The existing guest house on Lot 5 may remain and is not separately saleable
from the main dwelling. If the affordable housing unit is provided on site that unit
is in addition to the maximum density of seven units.
6. All exterior lighting shall be reviewed with each building permit application for
compliance with best lighting practices as recommended by the Dark Skies
organization.
7. Fencing shall be consistent through -out the subdivision and described on the
final subdivision plat and in the CCRs. A fencing plan shall be submitted with the
final subdivision plat application and with each building permit application to allow
Staff to review all fencing for consistency through -out the subdivision and to
review impacts of fencing on wildlife movement through the site. The fencing plan
shall include location of fences and materials, dimensions, and installation
methods.
8. Construction of a five foot wide public side walk along Payday Drive connecting
the existing sidewalk on the north side of the street with Iron Mountain Drive is
required to provide connectivity to Rotary Park and shall be identified on the final
subdivision plat. The sidewalk and all required public improvements, including
landscaping of the public right-of-way along Payday Drive, shall be completed
prior to issuance of a certificate of occupancy for any new house on the property.
9. A grading plan and landscape plan shall be submitted with each building permit
application and this requirement shall be noted on the final subdivision plat. A
landscaping plan for public right-of-way and any common areas shall be
submitted with the final subdivision plat.
10. A note shall be included on the final subdivision plat requiring each new house in
the development to meet LEED for Homes Silver Rating certification (at a
minimum) with required water conservation requirements as further described in
the Annexation Agreement.
11. Excavated materials shall remain on site to the greatest extent possible.
12. Use of the PCMC Parcel shall be addressed and regulated by a signed and
executed Lease Agreement for Agricultural Use and Grazing for use by any
person or entity other than the City. All use of the PCMC Parcel shall comply with
the March 24, 2005 Deed of Conservation Easement by and between Park City
Municipal Corporation and in favor of Summit Land Conservancy.
13. The application is subject to the City's Affordable Housing Resolution 20-07 and
as further described in the Annexation Agreement. The affordable housing
obligation shall be provided on the property, unless otherwise approved by the
Park City Housing Authority. If the affordable housing unit is provided within the
subdivision, the unit will not count against the maximum allowed density.
14. A note shall be added to the final subdivision plat stating that the Planning
Director may grant an administrative Conditional Use permit for the raising and
grazing of horses on these lots, including a barn located within an identified
building pad on the final subdivision plat, provided the application complies with
the LMC requirements for raising and grazing of horses and providing an Animal
Management Plan is submitted and approved. Barns may not be used for human
occupation.
15. Access easements shall be provided on the final subdivision plat, along lot lines
as necessary to facilitate utility service, irrigation, and access to the PCMC
Parcel, for equestrian use and for maintenance of the parcel as allowed by the
March 2005 Deed of Conservation Easement.
16. All conditions and restrictions of the Annexation Agreement shall continue to
apply to the final subdivision plat.
17. The final subdivision plat shall dedicate a private access easement for the Ross-
Gaebe Property to memorialize the existing private easement across the existing
driveway and to extend this easement to the public ROW at Payday Drive.
18. Prior to recordation of a final subdivision plat a historic reconnaissance survey
should be conducted by the applicant in conformance with the City's Historic
Preservation Chapter 11 of the Land Management Code and a certification letter
regarding any historic resources shall be submitted to the City. Any discovered
historical or cultural resources will be added to the City's Historic Sites Inventory
and designated as either "Significant" or "Landmark" according to the criteria as
listed in LMC Chapter 11.
19. Ownership of water rights shall not affect the application of the Impact Fee
Ordinance to the Property at the time of development of the lots.
20. A lot line adjustment application will be allowed to combine Lots 3 and 4 into one
lot of record. The lot combination will be subject to the LMC Section 15-2.11-6
Maximum House Size and Setbacks on Combined Lots.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon
publication of this Ordinance, recordation of the Annexation Plat and Annexation
Agreement, and in compliance with state annexation filing requirements, pursuant to the
Utah Code Annotated Section 10-2-425.
PASSED AND ADOPTED this 31sr day of January, 2013.
PARK CITY MUNICIPAL CORPORATION
Dana Williams, MAYOR
CITY RECORDER 660
ob
APPROVED AS TO FORM:
Thomas A. Daley, Sr. DEPUTY CITY ATTORNEY
Attachment- Annexation Agreement and Exhibits
When recorded, please return to:
PARK CITY MUNICIPAL CORPORATION
City Recorder
P O Box 1480
Park City UT 84060
RICHARDS PARCEL ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (this "Agreement") is made by and between Park City
Municipal Corporation (hereinafter, "PCMC" or the "Citv") and Franklin D. Richards, Jr. Family Trust
(December 24, 2002) (hereinafter, "Petitioner") to set forth the terms and conditions under which Park
City will annex certain land owned by Petitioner (hereinafter, "Richards Parcel" or "Petitioner's
Property"), consisting of approximately 13.75 acres and located in unincorporated Summit County,
Utah, north of Payday Drive and west of State Route 224. The Richards Parcel is one of two parcels
proposed to be annexed into Park City's municipal boundaries. The other parcel proposed for
annexation is a 19.74 acre parcel owned by the City (hereinafter, "PCMC Parcel"). Together, the
annexation of the Richards Parcel and the PCMC Parcel shall be referred to as the Richards/PCMC
Annexation; the petition to annex both parcels shall be referred to as the "Annexation Petition;" and both
the Richards Parcel and the PCMC Parcel shall be referred to as the "Annexation Property." The
Richards/PCMC Annexation Petition requests annexation into the corporate limits of Park City and
extension of municipal services to the Richards Parcel. The PCMC Parcel is included in the Annexation
Petition but is not subject to the terms of this Annexation Agreement. The City and Petitioner are
sometimes collectively referred to in this Agreement as the "Parties" or individually as a "Party". This
Agreement is made under authority of §§ 10-2-401 et. Seq. of the Utah Code, Annotated 1953, as
amended "MLUDMA").
WHEREAS, the Richards/PCMC Annexation includes the following parcels: the PCMC Parcel,
with tax identification number SS-104-1-B-1-X, owned by PCMC and consisting of 19.74 acres, and the
Richards Parcel, with tax identification number SS-104-1-13, owned by Petitioner and consisting of
13.75 acres.
WHEREAS, in furtherance of the foregoing, the Petitioner desires to annex the Richards Parcel
into the corporate limits of the City and, to that end, a complete Annexation Petition for the Annexation
Property was filed with the City on February 12, 2012. The Annexation Petition was accepted by the
City Council on February 16, 2012, and certified by the City Recorder on March 1, 2012. The first
public hearing was conducted by the Planning Commission on May 9, 2012. Subsequent public hearings
were conducted by the Planning Commission on September 26th and December 12a' of 2012 and January
9"' of 2013.
WHEREAS, in connection with the Richards/PCMC Annexation, the Annexation Property is
proposed to be zoned Single Family (SF Zone) for the Richards Parcel and Recreation Open Space
(ROS Zone) for the City Parcel. The SF Zone is a City zoning district allowing for low density, single
family home development that maintains existing predominately single family detached residential
neighborhoods, maintains the character of mountain resort neighborhoods with compatible design, and
1
requires a streetscape that minimizes impacts on existing residents and reduces the architectural impacts
of the automobile. The SF zoning district is more fully described in the City's Land Management Code.
NOW, THEREFORE, in furtherance of the Annexation Petition, in consideration of City's action
to annex Petitioner's property, and in consideration of the mutual promises contained herein, as well as
the mutual benefits to be derived here from, the Parties agree that the terms and conditions of the
Richards/PCMC Annexation shall be as follows:
1. Property. The Richards Parcel to be annexed is approximately 13.75 acres in area, as
depicted on the annexation plat attached as Exhibit A (the "Annexation Plat") and as more fully
described in the legal descriptions attached as Exhibit B. The PCMC Parcel consists of 19.74 acres. The
total Richards/PCMC Annexation includes both parcels and totals approximately 33.49 acres.
2. Zonin¢. Upon Annexation, the Richards Parcel will be zoned Single Family (SF). The
PCMC Parcel will be zoned Recreation Open Space (ROS). The official zoning map of Park City shall
be amended to include these properties and zoning designations (see Exhibit F).
3. Subdivision, Density and Phasing. Pursuant to Land Management Code Section 15-8-3
on February 12, 2012, a complete revised application for a Preliminary Subdivision Plat on the 13.75
acre Richards Parcel of the Property was filed with the City. The Preliminary Subdivision Plat is
attached as Exhibit C. The maximum allowable residential density is seven (7) dwelling units with all
units to be single family detached houses located within the Richards Parcel. The PCMC Parcel is to be
platted as open space with ROS zoning, subject to the Deed of Conservation Easement described below.
Uses of the PCMC Parcel must comply with the ROS zoning and the March 24th, 2005, Deed of
Conservation Easement entered into by and between Park City Municipal Corporation Exhibit D), in
favor of the Summit Land Conservancy, a Utah non-profit corporation.
The maximum density allowed on the Richards Parcel does not include the required affordable housing
unit ("AUE') as specified in Paragraph 10 below. The land use development of the Property shall be
governed by the maximum density stipulated in this Agreement, zoning designations provided herein
and by the Final Subdivision Plat, to be finalized as soon as reasonably practicable following completion
of the annexation process pursuant to Utah Code Annotated § 10-2-425(5).
Moreover, any substantive amendments to this Annexation Agreement shall be processed in accordance
with the Park City Land Management Code and MLUDMA in effect at the time an application for
amendment is filed with the City Planning Department.
Further, as part of the Final Subdivision Plat approval process, the phasing of the development of the
Petitioner's Property shall be determined in a manner that ensures the adequacy of public facilities as
may be required to support any such development.
4. Sidewalks. A condition precedent to building permit issuance for construction on any lot
within the Final Subdivision , is the dedication to the City of a ten (10') wide, non-exclusive, public
easement across the Petitioner's Property along Payday Drive, for the purposes of public access,
utilities, irrigation, storm water drainage, landscaping and snow storage. Construction of a five (5') foot
wide non -vehicular public pedestrian sidewalk, to be located within the ten (10') public easement and
FA
constructed to City Standards and Specifications as required by the City Engineer, shall be included as
part of the required public improvements for the future development. The sidewalks shall connect to the
existing sidewalk within the Thayne's Creels Ranch B Subdivision and shall run to the Property's
western boundary at Iron Mountain Drive, with the final location to be determined by the City Engineer
during the Final Subdivision Plat review process. Any obligations or guarantees with respect to the
construction of such sidewalks shall be governed by the terms and conditions of the Final Subdivision
for the Property.
5. Fire Prevention Measures. Because of potential wild land interface issues on the
Petitioner's Property, the Petitioner (or, as specified in connection with any such assignment, its assigns)
agrees to implement a fire protection and emergency access plan, to be submitted prior to the issuance of
any building permits, to be reviewed and approved by the Fire Marshall and Chief Building Official for
compliance with applicable building and fire codes. Such plan may include a requirement for residential
fire sprinkler systems for all structures. Fire and emergency access and fire hydrants shall be installed as
required by the fire protection plan prior to issuance of any full building permits on the Property.
6. Roads and Road Design. All streets and roads within the Property are to be private
roads designed and retained as private roads. Final design shall be determined during the Final
Subdivision Plat review process.
7. Sanitary Sewer, Line Extensions and Storm Water Detention Facilities. Construction
and alignment of the sanitary sewer shall be established as part of the Final Subdivision Plat for the
Property (as accepted by the City and filed in the official real estate records of Summit County, Utah,
the "Subdivision Plat"). The preferred alignment of the sanitary sewer shall be that alignment which
results in the least visual impact and site disturbance while meeting the site design and construction
requirements of the Snyderville Basin Water Reclamation District.
In connection with the Final Subdivision Plat review process, on -site storm water detention
facilities, or alternatives, as approved by the Park City Engineer, may be required. The timing for the
construction of such storm water detention facilities shall be determined by the City Engineer, at the
time of final Subdivision Plat review (the "Storm Detention Facilities"). Maintenance of on -site storm
water detention facilities will be the responsibility of the Petitioner or of a future homeowner's
association for common facilities.
8. Water Rights. Pursuant to the Annexation Petition the Petitioner owns 102.5 ac-ft of
water under Water Right 35-8458, of which 42 ac-ft is utilized on the 13.75 acres for irrigation.
Petitioner and City are currently working to resolve a title dispute on as much as 69 acre feet of the
102.5 acre feet. That dispute will not affect the implementation of this Annexation Agreement.
Previously, the Petitioner conveyed 7.5 ac-ft from Water Right 35-8458 to the lot owners within
the Thayne's Creek Ranch Subdivision as part of the Thayne's Creek Ranch Annexation Agreement and
Subdivision approval. An additional 10 ac-ft were conveyed to the Trust for Public Lands in connection
with irrigation of the Conservation Easement on the 19.74 acre PCMC Parcel. Petitioner agrees to
convey to lot purchasers one (1) acre foot from this water right for each of Lots 3 and 4, two (2) acre
feet for each of Lots 1 and 2, four (4) acre feet for each of lots 6 and 7, and two and a half (2.5) acre feet
for lot 5, the equestrian lot, for the purpose of irrigation and stock water, for a total of sixteen and a half
(16.5) acre feet. Park City also owns a portion of the same water right and uses it along with Park City's
other water rights to irrigate the PCMC Parcel and other City -owned property.
Since filing the Annexation Petition, the Petitioner has conveyed 86 acre feet of the decreed
water right to a third party who is unrelated to the Richards/PCMC Annexation. The underlying water
right which is being segregated to represent the respective interests of the three parties (including the
third party) has a priority date of 1882. Thus, this water right will be subject to priority cuts by the Utah
Division of Water Rights.
The distribution of water represented by water rights which will be owned by Park City, the
Petitioner, and the third party through open ditches, streams, and head gates will present challenges to
Park City due to Park City operating the water distribution system above and below the proposed
subdivision. Accordingly, PCMC and Petitioner will enter into a separate agreement regarding the
delivery of water to the Petitioner's Property. (Hereafter the "Water Agreement").
As set forth in the Water Agreement, which will be approved by City Council, Petitioner and the
City have agreed that the City will operate the head gates leading into the Petitioner's Property and
proposed subdivision. City will operate the head gates in accordance with the water rights of record
owned in the aggregate by the individual lot owners and the City. The Petitioner understands that Park
City's operation of head gates will be subject to the Utah Division of Water Right's enforcement of
water rights. Petitioner further understands that the City will not operate or in any way be responsible for
the design, construction, or maintenance of the irrigation water delivery system within the subdivision.
The water agreement, be recorded separately, will also address improvements to the existing
ditch system and infrastructure (improvements) that will be required to accurately divert and measure
the correct flow rate to the Petitioner, the City, and the third party. The cost of improvements will be
shared between the Petitioner and the City in proportion to each party's quantity of water, as provided in
the Water Agreement.
City may convey water through the Petitioner's proposed subdivision as provided in the Water
Agreement. It will be the responsibility of the water right owners in the subdivision to construct
facilities to meet their irrigation needs based on this continuous flow and delivery location. City may
elect to establish an irrigation turn system.
9. Water Impact Fees and Other Water Facilities and Systems Costs. Certain water
facilities and systems internal to Petitioner's Property shall be required to be constructed and, to the
extent they are dedicated to the City, easements therefore granted to the City, all of which shall be
determined, and agreed to, by the affected parties and the City during the Final Subdivision review
process (the "Water Facilities and Systems"). Any and all such Water Facilities and Systems shall be
constructed to not less than the specifications reasonably required by the City Engineer. Petitioner
acknowledges that water impact fees will be collected by City in the same manner and in the same
amount as with other development within municipal boundaries and that impact fees so collected will
not be refunded to Petitioner or to individual building permit applicants developing within the proposed
annexation area. Ownership of water rights will not affect the application of the Impact Fee Ordinance
to the Property.
4
10. Affordable Housing Requirement. Affordable/employee housing shall be provided in a
manner consistent with the City's Affordable Housing Resolution 20-07. The affordable housing
requirement is 0.9 Affordable Unit Equivalent (AUE) determined by applying the requirement for 15%
of the six dwelling units to be constructed. One dwelling unit currently exists on the property. The 0.9
AUE equates to 810 square feet of net livable space, as one (1.0) AUE is 900 square feet of net livable
space. Payment of fees in lieu of development of affordable units on or off -site is allowed at the
discretion of the Park City Housing Authority in compliance with the criteria stated in the City's
Affordable Housing Resolution 20-07, with in -lieu fee to be calculated based on the formula identified
in the City's Affordable Housing Resolution (25-12). Timing of the completion of affordable units and
timing of payment of fees in lieu of development are subject to the requirements of Affordable Housing
Resolution 20-07.
11. Sustainable Development requirements. All construction of dwelling units within the
Final Subdivision shall utilize sustainable site design, development and building practices and otherwise
comply with requirements of the SF Zone. Unless otherwise approved in the Final Subdivision plat, in
compliance with the current Environmental/ Sustainability Element of the General Plan, each home in
the development must receive National Association of Home Builders National Green Building
Standards Silver (or higher) Certification (or other Green Building certification as approved by the
Planning Commission at the time of the Final Subdivision plat approval) OR reach LEED for Homes
Silver (or higher) Rating. Green Building Certification and LEED for Homes Silver rating criteria to be
used shall be those applicable at the time of building permit application.
In addition to the builder achieving the aforementioned points on the Green Building or LEED for
Homes Silver (or higher), certification checklists, in order to achieve water conservation goals, the
builder must also either:
• Achieve at a minimum, the Silver Performance Level points within Chapter 8, Water Efficiency,
of the National Association of Home Builders National Green Building Standards; OR
• Achieve a minimum combined 10 points within the 1) Sustainable Sites (SS 2) Landscaping and
2) Water Efficiency (WE) categories of the LEED for Homes Checklist; OR
• Achieve an equivalent water conservation standard applicable at the time of the building permit
application.
Points achieved in these resource conservation categories will count towards the overall score.
Application for the award certification and plaque commemorating LEED for Homes Silver (or higher)
is at the discretion and expense of the Petitioner or individual Lot owner.
12. Planning Review Fees. Lot owners of lots within the proposed subdivision shall be
responsible for all standard and customary, and generally -applicable planning, building, subdivision and
construction inspection fees imposed by the City in accordance with the Park City Land Management
Code and the Park City Municipal Code.
13. Impact and Building Fees. Lot owners of lots within the proposed subdivision shall be
responsible for all standard and customary, and generally -applicable, fees, such as development, impact,
5
park and recreation land acquisition, building permit and plan check fees due and payable for
construction on the Property at the time of application for any building permits. Ownership of water
rights shall not change the application of the Impact Fee Ordinance to the Property.
14. Acceptance of Public Improvements. Subject to fulfillment of all the conditions of the
Subdivision Ordinance and, further, Park City's final approval of the construction of any such public
improvements, those water facilities, utilities, fire hydrants, and easements as may be agreed by Parties
in connection with the Final Subdivision Plat review and approval process (the "Public
Improvements'), shall be conveyed and dedicated to the City, for public purposes.
15. Snow Removal and Storage. Snow removal from private roads shall be the
responsibility of the Property Owners. Park City shall not be obligated to remove snow from private
sidewalks unless the sidewalks are classified as part of a community trail system and incorporated into
the City wide snow removal program. Public snow storage easements shall be provided along Payday
Drive and identified on the Final Subdivision plat to be located within the ten foot (10') public easement
described in paragraph 4.
16. Fiscal Impact Analysis. The Fiscal Impact Analysis, prepared by Alliance Engineering
for the Petitioner dated January 24, 2012 and updated with the revised preliminary subdivision plat prior
to the September 26s', 2012 Planning Commission meeting, has been reviewed by the Planning Staff and
Planning Commission. The Fiscal Impact Analysis concludes that the Annexation will not result in an
overall negative impact on the City or School District. The analysis includes revenue and cost
assumptions related to the Annexation and development of the Property, concludes a possible net fiscal
gain to the School District is possible, based on the increase in property tax revenue for a mix of primary
and secondary homes.
17. Traffic Mitigation. A review and analysis of impacts of the development on
neighboring streets and major intersections was submitted with the Annexation petition. No mitigation
measures are proposed due to the low density and low level of impact of the proposed development on
local streets and at major intersections.
18. Lease Agreement for Use of the PCMC Parcel. A separate agreement will be entered
into by Petitioner and PCMC ("Lease Agreement") for the use of the PCMC Parcel by Petitioner. All
use of the PCMC Parcel shall be consistent with the March 24, 2005 Deed of Conservation Easement by
and between Park City Municipal Corporation and in favor of Summit Land Conservancy (Exhibit D).
19. Effective Date. This Annexation Agreement is effective upon recordation of the
annexation plat and the filing and recordation of the annexation ordinance, and further, the City provides
notice of the recordation to the parties of this Annexation Agreement.
20. Governing Law; Jurisdiction and Venue. The laws of the State of Utah shall govern
this Annexation Agreement. The City and Petitioner agree that jurisdiction and venue are proper in
Summit County.
21. Real Covenant, Equitable Servitude. This Annexation 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. This Agreement, a
certified copy of the ordinance approving the Annexation (the "Annexation Ordinance"), and the
Annexation Plat shall be recorded in the County Recorder's Office of Summit County, Utah.
22. Assignment. Neither this Agreement nor any of the provisions, terms or conditions
hereof may be assigned to any other party, individual or entity without assigning the rights as well as the
responsibilities under this Agreement and without the prior written consent of the City, which consent
shall not be unreasonably withheld, conditioned or delayed. Any such request for assignment may be
made by letter addressed to the City and the prior written consent of the City may also be evidenced by
letter from the City to Petitioner or its successors or assigns; provided that, notwithstanding the
foregoing, the City hereby consents to the assignment of the rights and responsibilities, and the benefits,
of this Agreement, in whole or in part, upon written notice to the City; and provided that, in connection
with and to the extent of any such assignment, Petitioner shall not have any further rights or
responsibilities under this Agreement as and to the extent accruing from and after the date of any such
assignment.
23. Compliance with City Code. Notwithstanding Paragraph 19 of this Agreement, from
the time the Park City Council (the "City Council") approves of this Agreement and upon completion of
the Annexation by recordation of the annexation plat with the County Recorder's Office of Summit
County, Utah, the Property shall be subject to compliance with any and all City Codes and Regulations
pertaining to the Property.
24. Full Agreement. This Agreement, together with the recitals and exhibits attached to this
Agreement (which are incorporated in and made a part of this Agreement by this reference), and the
written agreements expressly referenced herein, contain the full and complete agreement of the Parties
regarding the Annexation of the Property into the City. Only a written instrument signed by all Parties,
or their successors or assigns, may amend this Annexation Agreement.
25. No Joint Venture, Partnership or Third Party Rights. This Agreement does not
create any joint venture, partnership, undertaking or business arrangement among the Parties. Except as
otherwise specified herein, this Agreement, the rights and benefits under this Agreement, and the terms
or conditions hereof, shall not inure to the benefit of any third party.
26. Vested Rights. Subject to the provisions of this Agreement, Petitioner (or its assigns)
shall have the right to develop and construct the proposed Subdivision in accordance with the uses,
density, and configuration of development approved in the Final Subdivision plat when approved,
subject to and in compliance with other applicable ordinances and regulations of Park City.
27. Nature of Obligations of Petitioner. Applicant is liable for performance of the
obligations imposed under this Agreement only with respect to the portion of property which it owns
and shall not have any liability with respect to the portion of the property owned by the City.
28. Severability. If any part or provision of this Annexation Agreement shall be determined
to be unconstitutional, invalid or unenforceable by a court of competent jurisdiction, then such a
decision shall not affect any other part or provision of this Annexation Agreement except that specific
provision determined to be unconstitutional, invalid, or enforceable. If any condition, covenant or other
7
provision of the Annexation Agreement shall be deemed invalid due to its scope or breadth, such
provision shall be deemed valid to the extent of the scope or breadth permitted by the law.
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of the
G day of A& &&Jj, 2013.
(Signatures begin on following page)
PARK CITY MUNICIPAL CORPORATION,
A political subdivision of the State of Utah
C � ��/iii � ���iiiJ
�.FRIMAPTIM
Dated this _ day of P M�zCff , 2013
ATTEST: 'ty rl
By: I
J et Scott, City Recorder
Dated this _L _ day of 14 2013.
APPROVED AS TO FORM:
City Attorney
At�N o•.:
Dated this day of ✓W e I4 , 2013.
FRANKLIN D. RICHARDS, JR. FAMILY TRUST (DECEMBER 24, 2002), Petitioner
Name: .� 'r�lC 1-k1�S .
Dated this L day of (��C F-f-j , 2013
Acknowledgement (notary)
Exhibits
A. Annexation Plat
B. Legal Descriptions
C. Preliminary Subdivision plat
D. Deed of Conservation Easement
E. Water Agreement (recorded separately)
F. Zoning Map Amendment
EXHIBIT A
TO
ANNEXATION AGREEMENT
[Attach Annexation Plat]
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EXHIBIT B
TO
ANNEXATION AGREEMENT
[Attach Legal Description]
EXHIBIT B
PARK CITY MUNICIPAL CORPORATION ANNEXATION
January 6, 2012
A parcel of land located in the southwest quarter of the southeast quarter of Section 5,
Township 2 South, Range 4 East, Salt Lake Base and Meridian, said parcel being more
particularly described as follows:
Beginning at point that is North 00124'31" East 76.78 feet along section line and North
89°53'23" West 1376.55 feet from the southeast corner of Section 5, Township 2 South,
Range 4 East, Salt Lake Base and Meridian, said point also being on the north boundary
of Thaynes Creek Ranch IA, recorded July 11, 1991, as Entry No. 343985 in the office of
the recorder, Summit County, Utah; and running thence along the north boundary of
Thaynes Creels Ranch IA North 89°53'23" West 840.29 feet; thence North 00°06'37"
East 579.15 feet; thence North 89°53'23 West 187.26 feet; thence North 00°38'00" West
682.83 feet to a point on the southerly boundary of Park City Municipal Corporation
parcel PCA-103-C-X; thence along said parcel boundary South 89°53'23" East 401.11
feet to a point on the westerly boundary of the Chamber Bureau Kiosk Annexation Plat,
recorded January 2, 1986, as Entry No. 244420, in the office of the recorder, Summit
County, Utah; thence along said plat boundary the following two (2) courses: 1) South
2111.8'04" East 137.13 feet; thence 2) South 89°15'12" East 138.87 feet to the westerly
right-of-way of State Highway 224; thence along said right-of-way South 21°23'54" East
1217.50 feet to the point of beginning.
Description contains 19.74 acres.
X:\ThaynesCanyon-spm\doss\desc\2-peinc annex.doc
RICHARDS ANNEXATION
January 6, 2012
A parcel of land located in the south half of Section 5 and the north half of Section 8,
Township 2 South, Range 4 East, Salt Lake Base and Meridian, said parcel being more
particularly described as follows:
Beginning at point that is North 00°24'31" East 76.78 feet along section line and North
89°53'23" West 2216.84 feet from the southeast corner of Section 5, Township 2 South,
Range 4 East, Salt Lake Base and Meridian, said point also being located on the north
boundary of Thaynes Creek Ranch 1B Subdivision, recorded May 24, 1994, as Entry No.
400847 in the office of the recorder, Summit County, Utah; and running thence along
said subdivision boundary the following two courses: 1) North 89°53'23" West 188.31
feet; thence 2) South 00°06'37" West 126.30 feet to a point on the northerly right-of-way
of Payday Drive as shown on Thaynes Canyon Subdivision plat, recorded July 28, 1971,
as Entry No. 113625 in the office of the recorder, Summit County, Utah; thence along
said right-of-way the following four (4) courses: 1) North 89°53'23" West 120.02 feet to
a point on a curve to the left having a radius of 342.50 feet, of which the radius point
bears South 00°06'37" West; thence 2) along the arc of said curve 62.37 feet through a
central angle of 10'26'00" to a point of reverse curve to the right having a radius of
292.50 feet, of which the radius point bears North 10°19'23" West; thence 3) westerly
along the arc of said curve 53.26 feet through a central angle of 10°26'00'; thence 4)
North 89°53'23" West 236.05 feet; thence North 00' 10'49" East 15.65 feet to the
southeast corner of Iron Canyon Subdivision, recorded October 28, 1983, as Entry No.
212520 in the office of the recorder, Summit County, Utah; thence along said subdivision
boundary North 00°10'49" East 589.65 feet to a point on the southerly boundary of the
Annexation and Zoning Plat of the Ross Property, recorded March 17, 1994, as Entry No.
400284 in the office of the recorder, Summit County, Utah; thence along said plat
boundary the following two (2) courses: 1) South 89°53'23" East 139.26 feet; thence 2)
North 00°06'37" East 234.05 feet to a point on the southerly boundary of Aspen Springs
Ranch, Phase 1 Subdivision, recorded October 31, 1991, as Entry No. 349163 in the
office of the recorder, Summit County, Utah; thence along said subdivision boundary the
following six (6) courses; 1) South 88°45'51" East 89.24 feet; thence 2) North 82°51'16"
East 17.77 feet; thence 3) North 00°07'59" East 185.26 feet; thence 4) North 04059'46"
West 122.52 feet; thence 5) North 04°02'36" West 269.07 feet; thence 6) South 88°43'36"
East 30.55 feet to a point on the westerly boundary of Park City Municipal Corporation
parcel PCA-103-C-X; thence along said parcel boundary the following two (2) courses:
1) South 00°07'58" West 16.15 feet; thence 2) South 89°53'23" East 216.19 feet; thence
South 00°38'00" East 682.83 feet; thence South 89°53'23" East 187.26 feet; thence South
00°06'37" West 579.15 feet to the point of beginning.
Description contains 13.75 acres.
X:\ThaynesCanyonspjn\docs\desc\l-richuds annex.doc
EXHIBIT C
TO
ANNEXATION AGREEMENT
[Attach Preliminary Subdivision Plat]