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Transmittal - 11/11/2021ERIN 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: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2021-01124 Hunter Stables Annexation located at approximately 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 23, 2021 the Notice of Intent to Annex was received by the City Recorder’s office. Following the receipt of the County’s certification of mailing (as required by State Code 10-2-403(2)) on October 27, 2021, the City Recorder’s office provided the Petition to the applicant. Upon receipt of the Petition on November 1, 2021, the County was notified by the petitioner and notice was provided via email to the City Council of the completed Petition submission. The Planning Division assigned PLNPCM2021-01124 to this application and the fee was paid. 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, the Council has provided the option to transmit the information and Petition speedily. If no action is taken within the 14-day window, the Petition will be considered accepted. November 4, 2021 Lisa Shaffer (Nov 4, 2021 10:57 MDT) 11/04/2021 11/04/2021 If the Council accepts the Petition a 30-day period of noticing begins, and a Certification of Petition requirements met is completed. 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 with a 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. The Petition includes a desired zoning designation of RMF-75. This zoning district would allow buildings up to 75 feet in height. According to the annexation Petition, the land to be annexed includes 17.21 acres of land. In the RMF-75 zoning district density is calculated at 500 square feet per unit for properties over one acre in size. This could result in as many as 1,499 housing units on the property. The zoning will be further analyzed if the Council accepts the petition. PUBLIC PROCESS: Notices required to be completed through the Annexation process has been completed. EXHIBITS: 1) Resolution 2) Annexation Application Materials RESOLUTION NO. ________ OF 2021 ACCEPTING A PETITION TO ANNEX A PARCEL OF LAND AT 2350 NORTH ROSE PARK LANE FOR FURTHER CONSIDERATION PURSUANT TO UTAH CODE SECTION 10-2-405 WHEREAS, on November 1, 2021, JAW Development, LLC (“Petitioner”) submitted a petition (Petition No. PLNPCM2021-01124) to annex into Salt Lake City approximately 17 acres of land located at 2350 North Rose Park Lane in unincorporated Salt Lake County (the “Property”); and WHEREAS, the Property is contiguous to the corporate limits of Salt Lake City and 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 17 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. DATED this ______ day of ________________, 2021. Passed by the City Council of Salt Lake City, Utah, this _____ day of ________________, 2021. SALT LAKE CITY COUNCIL By:___________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Resolution accepting Hunter Stables annexation petition APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney 1. Resolution 2. Annexation Application Materials ΔΔΔ3/21/19March 21, 2019