HomeMy Public PortalAboutORD-CC-1995-04ORDINANCE 95-04
AN ORDINANCE OF THE GOVERNING BODY OF MOAB CITY ADOPTING AN
ANNEXATION POLICY DECLARATION AND ANNEXING PROPERTY TO MOAB CITY.
WHEREAS, The Moab governing body has received a petition for
annexation of certain property as described in Exhibit "3" hereto;
and
WHEREAS, the property has been proposed for urban development
as defined by Utah State Law; and
WHEREAS, the governing body has drafted a proposed policy
declaration for the annexation; and
WHEREAS, the governing body has held the appropriate public
hearings and given the appropriate public notice and received
public input on the proposed policy declaration.
NOW, THEREFORE, be it ordained by the governing body of Moab
City that:
1. The attached policy declaration hereby referred to as
Exhibit "2" to this Ordinance is hereby adopted by the Moab City
Council as the policy declaration for the property proposed to be
annexed.
2. The property as described in Exhibit "1" is hereby
annexed into Moab City on the following terms and conditions:
a. The development agreement (including Exhibits "A"
through "G") to this Ordinance is signed and approved by both the
developer and the City Council.
b. If the development agreement is not signed by the
developer, the annexation plat shall not be recorded with the
County Recorder and the annexation of the property shall be
abandoned.
3. This ordinance shall take effect immediately upon
passage.
PASSED AND APPROVED THIS 9TH DAY OF MAY , 1995.
SIGNED:
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MAYOR
ATTEST:
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"Exhibit 2"
MOAB CITY
ANNEXATION POLICY DECLARATION
WHEREAS, the State of Utah has enacted legislation which
requires municipalities to adopt an annexation policy declaration
as a condition precedent to annexing unincorporated territory
having more than five acres; and
WHEREAS, Moab City desires to annex territory on its
boundaries more particularly described in Exhibit A hereto; and
WHEREAS, urban development should occur within cities, and
Moab City desires to encourage urban development within its
boundaries rather than allowing urban development on the city's
periphery.
NOW, THEREFORE, THE CITY COUNCIL OF MOAB CITY ADOPTS THIS
ANNEXATION POLICY DECLARATION:
1. The City desires to annex all of the territory shown on
the attached map.
2. Where feasible and practicable, the City favors
annexation along the boundaries of water, sewer improvement or
special service districts. The City favors (a) the elimination of
island and peninsulas of unincorporated territory; (b) the
consolidation of overlapping functions of local government; (c)
promoting efficient delivery of services; and (d) encouraging the
equitable distribution of community resources and obligations.
3. The City favors the annexation of all unincorporated area
which is or may become urban. The proposed annexation is of
territory which is now proposed for urban development as defined by
Utah Code Annota=ed 10-1-104(11). The City does not favor
annexation of territory which creates islands or areas of
undeveloped and undevelopable territory or of territory which
should be located with another municipality. The City does not
favor the annexation of unincorporated territory solely for the
purpose of acquiring municipal revenue or for retarding the
capacity of another municipality to annex. The City does not favor
the annexation of territory for which it has no intention to
provide or capability of providing municipal services.
This annexation policy declaration is intended to and hereby
does incorporate by reference all of the standards required and
suggested by Sections 10-2-401, et seq., Utah Code Annotated, 1953.
4. The character of the community is mixed residential,
commercial and industrial. The community and the surrounding
communities in the unincorporated territory which the City favors
annexing, require the delivery of intense, high quality, cost
effective municipal -type services.
MOAB CITY ANNEXATION POLICY DECLARATION (contld)
Page Two
5. The territory which the City annexes shall receive
immediately on annexation the following services:
a. Fire protection
b. Police protection.
c. Planning and zoning services.
d. Street maintenance on existing streets.
e. Right to participate in municipal sponsored social and
recreational activities.
f. Garbage and other refuse collection.
6. The territory which the City annexes shall receive the
following:
a. Water, sewer and storm drain services as the area is
developed. Existing water, sewer and storm drain
facilities are adequate to provide services to the
annexed territory, subject to extension of and connection
with City lines and systems.
7. All services above described are financed by
appropriations from the general fund except water, sewer and storm
drain improvements which are financed by connection and development
fees, and private financing by the developer.
8. It is not anticipated that the annexation will cause any
adverse tax consequences to residents in the City or in the area
annexed, except that there will be a slight reduction in general
services to the City residents in the present city as the general
services are expanded into the newly annexed territory.
9. It is anticipated that the residents in the territory to
.be annexed will not experience an increase in their property tax,
as the City does not currently have a property tax levy.
10. It is anticipated that the interests of other local
jurisdictions concerned with the annexation will not be adversely
affected.
11. It is anticipated that the property to be annexed will be
zoned C-4, which is summarized as follows:
The C-4 general commercial zone has been established as
a district in which the primary use of the land is for
business and light industrial purposes. Another
objective of the zone is to facilitate the development of
attractive entrances to the City.
The following uses shall be permitted in the C-4 general
commercial zone:
MOAB CITY ANNEXATION POLICY DECLARATION (Contid)
Page Three
- Retail establishments and service enterprises;
- Office buildings; •
- Auto body and fender shops, auto painting, welding
and sheet metal shops, electrical appliance shops,
plumbing shops, carpenter shops, hardware and
retail lumber yards, and assembly of appliances from
previously prepared parts;
- Tire recapping (all activities inside of buildings);
- Service stations;
- Beer parlors and alcohol dispensing establishments;
- Fraternity buildings, clubs, lodges;
- Funeral establishments, mortuaries and churches;
Used car lots, farm equipment sales establishments and
parking lots (commercial);
Engraving and printing establishments, stone and
monument sales establishments;
- Gymnasium or physiculture establishments;
- Home occupations (City Council approvement not
required);
- Pawnshops;
- Motels and lodging establishments;
- Cafes, restaurants and food drive-ins;
- Revival tents (temporary);
- Utility buildings, schools, hospitals and other public
buildings;
- Signs;
- Wholesale establishments with stock on premises;
- Trucking companies subject to City Council approval;
- Auction houses;
- Caretakers' dwellings;
- Manufacturing, compounding and processing;
- Pasturing of animals;
- Recrea =ional vehicle courts subject to the requirements
set forth in this title;
- Warehouses, garages, storage buildings and accessory
buildings;
- Dwelling and apartment houses require conditional use
approval, except that dwellings above the ground floor
shall be permitted. The conditions for permitting
dwellings, apartments and court apartments include the
following: They shall follow the area, width and
location requirements of the R-3 zone, they shall be
located at least 150 feet from a major street or
highway and they shall follow other conditions deemed
necessary by the Planning Commission and City Council;
- Other uses similar to the foregoing uses which are
interpreted by the Planning Commission to be in harmony
with =he intent of the zone. (Chapter 17.27 Moab
Municipal Code)
MOAN CITY ANNEXATION POLICY DECLARATION (Cont,d)
Page Four
12. It is anticipated that a specific development plan for
the proposed urban development will have to be approved by the City
as a condition of this annexation.
Adopted this 9th day of
C
"Exhibit 3"
PETITION FOR ANNEXATION
We, the undersigned, being a majority of the owners of real
property in territory lying contiguous to the corporate limits of
Moab City, a municipal corporation in Grand County, State of Utah,
and being also the owners of more than one-third (1/3) in value of
the property in said territory as shown by the last assessment
rolls in Grand County, hereby respectfully petition the Honorable
Mayor and City Council of Moab City that such territory be annexed
to and become a part of said Moab City and that the corporate City
limits of Moab City be extended so as to include the territory
herein below listed.
The territory referred to herein is comprised of the following
described real property in Grand County, State of Utah, to wit:
Those properties described and set forth upon the attached pages
through , which pages are incorporate by reference and
expressly made a part of this petition.
Signature Address
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