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HomeMy Public PortalAboutORD-CC-1995-22ORDINANCE 95-22 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 "1" 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 described in Exhibit "3" is hereby annexed into Moab City on the following terms and conditions: a. The annexation shall be subject to all regulations of the Residential-3 zone (Moab Municipal Code Chapter 17. 48). 3. This ordinance shall take effect immediately upon passage.0// PASSED AND APPROVED THIS DAY OFat�,44d" , 1995. Thomas A. Stocks, Mayor ATTEST: ����'�%��`IVIEN�� RECEWED Exhibit "1" 0.4OASCITY CORP. PET I T I ON FOR ANNEXAT I ON jUL 2-41995 Oir AMOu We, the undersigned, being a majority of the owners o 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 n�� I t��' Address Date 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 Annotated 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 R-3, which is summarized as follows: The R-3 residential zone has been established as a district in which the primary use of the land is to provide for high density residential development. The following uses shall be permitted in the R-3 residential zone: - one -family, two-family, three-family, four -family dwellings; and apartment houses and related community facilities. MOAB CITY ANNEXATION POLICY DECLARATION (font/d) Page Three 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 L4~7-L‘day of (- C-DiG-4" C Exhibit "3" JOSEPH ROBERT DOWNARD AND MARY LEE DOWNARD 785 MCORMICK MOAB, UTAH 84532 LEGAL DESCRIPTION ASE4SE4 SECTION 35, T25S R2.1E SLBM MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEG AT THE NE COR OF THE SE1/4SE$ SEC. 35, T25S R21E SLBW THENCE SOUTH 660.0 FT WITH THE EAST LINE OF SAID SEC. 35, THENCE S 89°43'W 1321.5 FT MORE -OR LESS TO THE WEST LINE OF THE NLISE4SE1 OF SAID SEC. 35, TH NORTH 660 FT TH EAST 1321.5 FT TO THE EAST LINE OF SAID SEC. 35. 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NEIGHBORHOOD CONDITIONS # of Buildings w/in 300' See Attached Map Character of Neighborhood Residential/Agricultural Estimated # of ADT (present) Four Projected # of ADT if Annexation is Approved and Development Undertaken (if applicable) Using 10.06 trips per single family dwelling Q 60 units 604 ADT/day; (Source: Subdivision and Site Handbook; p 41) Staff Assessment of the Potential Impacts of New Development Ag. Land Conversion to High -Density SF Housing Attach Map Identifying Adjacent Property Owners See Attached Map ROADS AND TRAFFIC CIRCULATION Access Road Size 76' Wide Local Road Size/Condition 500 West is an adequate roadway for anticipated traffic flows; subdivision should provide a connecting road to 400 North & Allen Memorial Hospital UTILITIES Electricity Connections To property line Sewer Not connected to site Storm Drains Not available except for Moab Irrigation Co. drainage Water Source 14 Shares Moab Irrigation water