Transmittal - 3/21/2023ERIN 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: March 20, 2023
Darin Mano, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: PLNPCM2022-00937 Legacy Business Park Annexation (REVISED)
STAFF CONTACT: Nick Norris, Planning Director (nick.norris@slcgov.com or 801-535-6173)
DOCUMENT TYPE: Resolution
RECOMMENDATION: That the Council accept the revised 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 March 17, 2023 Salt Lake City accepted a petition for a
proposed annexation of unincorporated land into the City. The annexation, formerly known as
Misty River or Legacy Business Park, is located east of 2200 West between 2800 North, 3300
North, and the Jordan River. The annexation includes approximately 147.97 acres. The
annexation is proposing the land be zoned M-1, Light Manufacturing with the imposition of BP
(Business Park) District development standards as presented in City Code 21A.32.030 C through
H.
The initial application for the property was accepted by Salt Lake City on September 27, 2022;
however, the certification was withdrawal due to an oversight on the petition information.
Lisa Shaffer (Mar 21, 2023 13:48 MDT)
The proposed annexation does create an island or peninsula, and therefore requires the Salt Lake
County Council to agree to the creation of the island or peninsula. The County Council has not
opted to take formal action prior to the submission of the petition.
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 March 17, 2023. 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.
Following the protest period, 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 2023
ACCEPTING A PETITION TO ANNEX APPROXIMATELY 148 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 March 17, 2023, David Tolman (“Petitioner”) submitted a revised
petition (Petition No. PLNPCM2022-00937) to annex into Salt Lake City approximately 148
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 revised petition replaces one previously submitted that proposed
annexing approximately 162 acres and included application deficiencies; and
WHEREAS, the proposed annexation would create at least one island of unincorporated
land and therefore will be considered by the Salt Lake County Council; and
WHEREAS, the proposed annexation area is within 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 148 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
________________, 2023.
SALT LAKE CITY COUNCIL
By:___________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Resolution accepting XCEL Development annexation petition March 2023
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
March 21, 2023
2. Annexation Application Materials
LANE JENSEN &
GAYLE JENSEN
LIVING TRUST
08-09-252-001
"Parcel 14"
KIDSCO, LLC
08-09-276-003
"Parcel 13"
TYLER CELLA; SEAN LARSEN
08-09-276-004
"Parcel 12"
LAVAL ASHWORTH, LLC;
LAVAL D FAMILY, LLC
08-09-276-022
"Parcel 10"
SHIRLENE & JOHN FIFE
08-09-276-010
GARY HAMPTON
08-09-476-027
JO
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"Parcel 7"
XCEL DEVELOPMENT, LLC
E#13569392, Bk:11119, Pg:8414
08-09-476-029
"Parcel 5"
XCEL DEVELOPMENT, LLC
E#13569399, Pg:11119, Pg:8428
08-09-426-006
"Parcel 3"
XCEL DEVELOPEMENT, LLC
E#13569387, Bk:11119, Pg:8404
08-09-276-016
"Parcel 1"
XCEL DEVELOPMENT, LLC
E#13569385, Bk:11119, Pg:8399
08-09-276-020
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LARKIN ENTERPRISES LLC 08-09-476-028
LARKIN ENTERPRISES LLC
08-10-300-012R
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0
8
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1
0
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3
0
0
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1
4
KEVIN D ALLEN &ASSOCIATES INC
08-09-476-004
JOHN L PAYNE
08-09-476-02722
0
0
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"Parcel 6"
XCEL
DEVELOPMENT,
LLC
08-09-426-007
"Parcel 2"
XCEL
DEVELOPMENT, LLC
E#13569387, Bk:11119,
Pg:8404
08-09-276-021
"Parcel 8"
XCEL DEVELOPMENT, LLC
08-09-476-030
JOR
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"Parcel 4"
XCEL DEVELOPMENT, LLC
E#13569399, Pg:11119, Pg:8428
08-10-100-002
(R
=
S
3
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West 1599.77'
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0
9
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3
2
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"Parcel 9"
D & J BANGERTER
FAMILY TRUST
07/07/2021
08-09-426-001
"Parcel 11"
ROSHAWN TERRELL
08-09-276-013
"Parcel 15"
DANNY B SHIMIZU
08-09-276-018
PATTY JENSEN LIVING TRUST
08-09-276-025
HINCKLEY %ROTHERS LLC08-09-226-001
2
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3300 NORTH STREET
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CURRENT SALT LAKE CITY BOUNDARY
(R=S 20°03'21" W)
(R=
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“middle channel of
the Jordan River”
USC 17-1-20
“middle channel of
the Jordan River”
USC 17-1-20
“middle channel of
the Jordan River”
USC 17-1-20
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"Parcel 16"
DANNY B
SHIMIZU
08-09-276-017
(R=North 89°50'36" East)
R=761.59'
L=233.05'
Δ=17°31'58"
CHB=N8°45'12"W
CH=232.14'
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HINCKLEY %ROTHERS LLC08-09-226-001
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BOUNDARY DESCRIPTION
An annexation into Salt Lake City located in the East Half of Section 9 and the West Half of Section 10, Township 1 North, Range
1 West, Salt Lake Base and Meridian and is described as follows:
Beginning at the Southeast corner of a current Salt Lake City boundary described in that Payne Annex to Salt Lake City
recorded April 22, 1976 as Entry No. 2807180 in Book 76-4, at Page 83 in the Office of the Salt Lake County Recorder, which is
1084.18 feet N. 89°44'47” W. along the Section line and 927.96 feet North from the Southeast Corner of said Section 9; thence
North 165.00 feet along said Payne Annex to Salt Lake City to a southerly line of Rudy Subdivision recorded November 19, 1993
as Entry No. 5661457 in Book 93-11 of Plats, at Page 308 in the Office of said Recorder; thence along said Rudy Subdivision the
following three (3) courses: 1) N. 89°59'08” E. (Record = N 89°41'45” E) 2.02 feet; 2) N. 00°18'54” E. (Record = N 00°01'31” E)
221.29 feet and; 3) S. 89°44'10” W. (Record = S 89°26'54” W) 200.00 feet to a easterly line of a current Salt Lake City boundary
established by Bland Annex to Salt Lake City recorded August 29, 1979 as Entry No. 3329189 in Book 79-8 of Plats, at Page 293
in the Office of said Recorder; thence North 864.54 feet more or less along the East boundary line of said current Salt Lake City
boundary to the southwesterly corner of Bangerter Annex to Salt Lake City recorded March 8, 1985 as Entry No. 4059050 in
Book 85-3 of Plats, at Page 39 in the Office of said Recorder; thence along said Bangerter Annex to Salt Lake City the following
three (3) courses: 1) N. 88°42'43” E. 244.65 feet; 2) North 176.99 feet; 3) S. 89°24'47” W. 243.57 feet to said current Salt Lake
City boundary established by Bland Annex to Salt Lake City; thence along said East boundary line of Bland Annex to Salt Lake
City the following four (4) courses: 1) North 165.50 feet more or less to a point of non-tangency with a 761.59 foot radius curve to
the left, concave westerly; 2) Northerly 233.05 feet along the arc of said curve, through a central angle of 17°31'58” (Chord bears
N. 08°45'12” W. 232.14 feet); 3) N. 17°31'11” W. 271.40 feet; 4) S. 89°24'19” W. 68.99 feet to a point on the westerly right-of-way
of 2200 West Street; thence N. 17°31'11” W. (R=Northwesterly) 780.65 feet along said right-of-way line of 2200 West Street to
the West extension of the North line of Shimzu Subdivision recorded February 14, 1994 as Entry No. 5738822 in Book 94-2 of
Plats, at Page 40 in the Office of said Recorder; thence S. 89°44'34” E. (Record=East) 1523.59 feet along said extension, North
line and, East extension thereof to the center of the Salt Lake City Sewerage & Drainage Canal and an interior corner of that
parcel of land described in that Quit Claim Deed recorded February 17, 2021 as Entry No. 13569399 in Book 11119, at Page
8428 in the Office of said Recorder; thence N. 36°37'07” W. (Record = N. 36°52'34” W.) 371.44 feet along said center of Salt
Lake City Sewerage & Drainage Canal and westerly boundary line to a northwesterly corner of said parcel being on a westerly
extension of an existing fence; thence S. 89°53'58” E. (Record=North 89°50'36” East) 460.37 feet more or less along said
existing fence and northerly boundary line of said parcel of land and extension thereof to a current Salt Lake County boundary
described as the “middle channel of the Jordan River” in Utah State Code 17-1-21; thence Southeasterly along said current Salt
Lake County boundary “middle channel of the Jordan River” to a northeasterly extension of an existing westerly right-of-way line
of Interstate-215 described as Utah Department of Transportation Project No. SP-0067(1)0; thence along said westerly
right-of-way of Interstate-15 the following three (3) courses: 1) S. 45°14'46” W. (Record =S 44°59'20” W) 248.79 feet;
2) S. 30°50'27” W. (Record =S 30°35'01” W) 764.63 feet; 3) S. 20°18'47” W. (Record =S 20°03'21” W) 116.77 feet to a northerly
line of a current Salt Lake City boundary described in that Bowen Annexation to Salt Lake City recorded December 9, 1975 as
Entry No. 2767463 in Book 75-12, at Page 189 in the Office of said Recorder; thence N. 89°33'13” W. (Bowen Annex =West)
1599.77 feet along said current Salt Lake City boundary to the Point of Beginning.
Contains approximately 151 acres more or less
SURVEYOR'S CERTIFICATE
I, Brian F. Mitchell, with CIR Engineering + Surveying, do hereby certify that I am a Professional Land Surveyor in the State of
Utah and that I hold License No. 5707871 in accordance with Title 58, Chapter 22, of the Professional Engineers and Land
Surveyors Act; do hereby certify that a Final Local Entity Plat, in accordance with Section 17-23-20 was made by me and shown
hereon is a true and correct representation of said Final Local Entity Plat.
Signed this day of , 20
SHEET
VICINITY MAP
(N.T.S.)
PRELIM
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BRIAN FAY
MITCHELL
No. 5707871
PROFES S
I O N A L LAND SU
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O
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STATE O F U T A H
01/16/2023
N. 89°44'47" W. 2640.43' (BASIS OF BEARING)
POB
SALT LAKE COUNTY SURVEYOR
Approved this day of A.D. 2023 as a Final Local
Entity Plat by the Salt Lake County Surveyor.
Salt Lake County Surveyor
SALT LAKE COUNTY RECORDER
Recorded #
State of Utah, County of Salt Lake, Recorded and filed at the request of
Date: Time: Book: Page:
Fee $ Deputy, Salt Lake County Recorder
FINAL LOCAL ENTITY PLAT
LEGACY BUSINESS PARK ANNEXATION
TO SALT LAKE CITY
LOCATED IN THE EAST HALF OF SECTION 9 & WEST HALF OF SECTION 10
TOWNSHIP 1 NORTH, RANGE 1 WEST, SALT LAKE BASE & MERIDIAN
SALT LAKE CITY, SALT LAKE COUNTY, UTAH
Proposed Annexation Boundary
Previous Salt Lake City Boundary
Current Salt Lake City Boundary
Current Salt Lake County Boundary
Adjacent Parcel
Existing Fence
Angle Point in Annexation Boundary (Not Marked)
Section Corner Monument (Not Located)
NARRATIVE
This plat and the description hereon have been prepared for the purpose of annexing into the corporate limits of Salt lake City the
area described and graphically depicted hereon. The information shown hereon was compiled from documents of record found in
the Office of the Salt Lake County Recorder and does not purport to be based upon an actual survey of the area to be annexed.
Said annexed area contains a portion of 2200 West Street and the following sixteen (16) parcels known by the Salt Lake County
Assessor as: Parcel 1: 08-09-276-020, Parcel 2: 08-09-276-021, Parcel 3: 08-09-276-016, Parcel 4: 08-10-100-002; Parcel 5:
08-09-426-006, Parcel 6: 08-09-426-007, Parcel 7: 08-09-476-029, Parcel 8: 08-09-476-030, Parcel 9: 08-09-426-001, Parcel 10:
08-09-276-010, Parcel 11: 08-09-276-013, Parcel 12: 08-09-276-022, Parcel 13: 08-09-276-004, Parcel 14: 08-09-276-003, Parcel 15:
08-09-276-018, Parcel 16: 08-09-276-017.
PREPARED BY:
10718 South Beckstead Lane, Suite 102, South Jordan, Utah 84095
(435)-503-7641
Southeast Corner Section 9
T.1N., R.1W., SLB&M
South Quarter Corner
Section 9, T.1N., R.1W., SLB&M
NO
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9
2
7
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9
6
'
1084.18'
CITY PLANNING DIRECTOR
Approved this day of A.D. 20 by the
Salt Lake City Planning Commission.
Planning Director
CITY ENGINEERING DIVISION
I hereby certify that I have had this plat examined by this office and
it is correct in accordance with information on file.
City Engineer Date
City Surveyor Date
CITY APPROVAL
Presented to Salt Lake City this day of
A.D. 20 and is hereby approved.
Salt Lake City Mayor
Salt Lake City Recorder
CITY ATTORNEY
Approved to form this day of A.D. 20 .
Salt Lake City Attorney
66.0'
Transmittal Annexation Application 3-20-2023
Final Audit Report 2023-03-21
Created:2023-03-21
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAA9s71AHra6Z9fpFj1ZEdgSfMSrWSXSkGa
"Transmittal Annexation Application 3-20-2023" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2023-03-21 - 7:16:58 PM GMT
Document emailed to Blake Thomas (blake.thomas@slcgov.com) for signature
2023-03-21 - 7:17:38 PM GMT
Email viewed by Blake Thomas (blake.thomas@slcgov.com)
2023-03-21 - 7:17:54 PM GMT
Document e-signed by Blake Thomas (blake.thomas@slcgov.com)
Signature Date: 2023-03-21 - 7:42:33 PM GMT - Time Source: server
Document emailed to Lisa Shaffer (lisa.shaffer@slcgov.com) for signature
2023-03-21 - 7:42:36 PM GMT
Email viewed by Lisa Shaffer (lisa.shaffer@slcgov.com)
2023-03-21 - 7:48:34 PM GMT
Document e-signed by Lisa Shaffer (lisa.shaffer@slcgov.com)
Signature Date: 2023-03-21 - 7:48:55 PM GMT - Time Source: server
Agreement completed.
2023-03-21 - 7:48:55 PM GMT
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