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Transmittal - 9/30/2022ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO:Salt Lake City Council DATE: Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT:PLNPCM2022-00937 Legacy Business Park Annexation STAFF CONTACT:Nick Norris, Planning Director (nick.norris@slcgov.com or 801-535-6173) DOCUMENT TYPE: Resolution RECOMMENDATION: That the Council accept the annexation application by adopting the resolution. If accepted, it means that the City will process the Annexation proposal and return to the City Council for a final decision as prescribed by Utah Code. BUDGET IMPACT:None at this time BACKGROUND/DISCUSSION: On September 27, 2022 Salt Lake City accepted a petition for a proposed annexation of unincorporated land into the city. The annexation, formerly known as the Misty River Annexation, is located on the east side of 2200 West between approximately 2850 West and 3300 North. The annexation includes approximately 162 acres of land. The annexation is proposing that the land be zoned M-1 Light Industrial if the city approves the annexation. The proposed annexation does create an island or peninsula, and therefore requires the Salt Lake County Council to adopt a resolution of support for creating the island or peninsula. The Count Council adopted a resolution of support on August 2, 2022. 9/30/2022 9/30/2022Lisa Shaffer (Sep 30, 2022 15:11 MDT) Utah Code regulating annexations requires that an application for an annexation be filed with the city and the County on the same day. That occurred on September 27, 2022. This establishes the application date for the annexation. The City Council is now tasked to determine if they accept the Petition by resolution or deny by motion within the 14-day window from the date of the notice. For this reason, time is of the essence. If no action is taken within the 14-day window, the Petition will be considered accepted. If the Council accepts the Petition a 30-day period of noticing begins and a Certification of Petition is issued if all requirements are met. Upon Certification, within 10 days the Recorder’s office on behalf of the Council will mail a notice to each owner of real property locating within the proposed annexation area and post physical notices, post notice on the Utah Public Meeting Site, post on the website, and mail written notice to each affected entity. At this stage, protests may be submitted regarding the annexation. If protests are filed, the City Recorder will coordinate with appropriate entities and provide a written update to the City Council. Upon resolving protests, or if no protests are filed, the City Council is required to hold a public hearing. Prior to the public hearing, the Planning Division will provide a transmittal with the proposed ordinance to annex the property and information regarding the proposed zoning. Adopting the zoning of the property is done as part of the annexation process and is not subject to the typical zoning process outlined in Utah Code or in City Ordinance. The rationale behind that is that the city cannot apply zoning outside of the city boundaries and State Code requires all land within the City to be zoned and therefore the zoning is adopted at the same time as the annexation is approved. State Code also does not require a recommendation from the Planning Commission on annexations or on the proposed zoning associated with annexed land. However, the City Council has the discretion to ask the Planning Commission for a recommendation. The annexation process is not subject to the 45-day public notice required by City Code. Due to noticing requirements outlined in Utah Code, applying the 45-day notice period may result in the City Council not being able to comply with the timing requirements for annexations in State Code. PUBLIC PROCESS: All notices for the proposed annexation that are required up to this point in time have been completed. This includes notice from the County for the adoption of the resolution that occurred on August 2, 2022 and notice of intent to file the annexation with affected agencies. Additional public process is required as indicated above. EXHIBITS: 1) Resolution 2) Annexation Application Materials 1. Resolution RESOLUTION NO. ________ OF 2022 ACCEPTING A PETITION TO ANNEX APPROXIMATELY 162 ACRES OF LAND SITUATED BETWEEN 2200 WEST STREET AND THE JORDAN RIVER AND BETWEEN APPROXIMATELY 2800 NORTH AND 3300 NORTH STREET FOR FURTHER CONSIDERATION PURSUANT TO UTAH CODE SECTION 10-2-405 WHEREAS, on September 26, 2022, Jason Head of Dakota Pacific Real Estate on behalf of annexation sponsor XCEL Development, LLC (“Petitioner”) submitted a petition (Petition No. PLNPCM2022-00937) to annex into Salt Lake City approximately 162 acres of land situated between 2200 West Street and the Jordan River and between approximately 2800 North and 3300 North Street in unincorporated Salt Lake County (the “Property”); and WHEREAS, the proposed annexation would create an island of unincorporated land and therefore caused the Salt Lake County Council to assert that its support of the proposed annexation is necessary; and WHEREAS, on August 2, 2022, the Salt Lake County Council approved a resolution identifying their support and encouraging Salt Lake City to annex the unincorporated island of land created by this proposed annexation; and WHEREAS, the proposed annexation area is identified as an expansion area described as “Study Area 1 - West Airport” in the city’s annexation policy plan titled, “A MASTER ANNEXATION POLICY DECLARATION for Salt Lake City, Utah” adopted in 1979 and as shown on the map accompanying that plan titled, “SALT LAKE CITY Annexation Policy Declaration Proposed Future Boundaries”; and WHEREAS, Utah Code Section 10-2-405 provides that a municipal legislative body may, within 14 days of receiving an annexation petition, accept an annexation petition for further consideration or deny it; and WHEREAS, accepting an annexation petition for further consideration pursuant to Section 10-2-405 does not constitute final approval of the annexation by the municipal legislative body and does not establish whether any particular zoning designation may be appropriate for potentially annexed land; and WHEREAS, because the Property is within Salt Lake City’s expansion area in its 1979 annexation policy plan and because the Property is congruous to Salt Lake City corporate limits, the Salt Lake City Council finds that it should accept the subject annexation petition for further consideration. NOW, THEREFORE, be it resolved by the City Council of Salt Lake City, Utah: That Petitioner’s petition to annex approximately 162 acres into Salt Lake City is hereby accepted by the Salt Lake City Council for further consideration as provided by Utah Code Section 10-2-405. Passed by the City Council of Salt Lake City, Utah, this _____ day of ________________, 2022. SALT LAKE CITY COUNCIL By:___________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Resolution accepting XCEL Development annexation petition APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney September 30, 2022 2. Annexation Application Materials Annexation to Salt Lake City OFFICE USE ONLY PLEASE PROVIDE THE FOLLOWING INFORMATION Please note AVAILABLE CONSULTATION WHERE TO FILE THE COMPLETE APPLICATION Apply online through the Citizen Access Portal. There is a step-by-step guide to learn how to submit online. REQUIRED FEE $1,344 SIGNATURE Pursuant to Utah Code Ann. 10- 2-403( 2), notice is hereby given that the property owner identified below intends to file an annexation petition with Salt Lake City, in Salt Lake County, Utah. SUBMITTAL REQUIREMENTS 1. Letter requesting the Annexation 2. Please answer the following questions on an attached sheet/s: 3. Please include with the application: FILLING WITH SALT LAKE COUNTY CLERK’S OFFICE Please note INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED PETITION TO ANNEX PROPERTY INTO SALT LAKE CITY JURISDICTION (this page may be duplicated if necessary) NOTICE: There will be no public election on the annexation proposed by this petition because Utah law does not provide for an annexation to be approved by voters at a public election. If you sign this petition and later decide that you do not support the petition, you may withdraw your signature by submitting a signed, written withdrawal to the Salt Lake City Recorder. If you choose to withdraw your signature, you shall do so no later than 30 days after Salt Lake City receives notice that the petition has been certified.