HomeMy Public PortalAboutORD-CC-2003-02CITY OF MOAB
ORDINANCE # 2003-02
AN ORDINANCE AMENDING CHAPTER 1.32 OF THE MOAB MUNICIPAL
CODE REGARDING THE PROCEDURES AND POLICIES FOR ANNEXATION
OF PROPERTY INTO THE CITY OF MOAB.
WHEREAS, Utah Code 10-2-401.5 requires a municipality to have an annexation policy
in place before annexing any property into the City of Moab after December 31, 2002;
and,
WHEREAS, the City of Moab desires to conform to the most recent changes in the Utah
State Code regarding Annexation (10-2-401 through 426); and,
WHEREAS, it is in the best interest of the City of Moab to enact reasonable conditions
and procedures for the annexation of property into the City that are in conformance with
State Code.
NOW THEREFORE, the Moab City Council, on advice and recommendation of the
Moab City Planning Commission, hereby amends and enacts the Moab Municipal Code
as follows:
a. Sections 1.32.010 through 1.32.030 of the Moab Municipal Code are hereby
repealed and the following new provisions are enacted.
1.32.010 Annexation Petition
A. An annexation petition is required by Utah State Code to initiate annexation of
properties into the City of Moab, except when the parcel to be annexed is an
island or peninsula contiguous to the City; and
1. Has a majority of residential or commercial development;
2. Requires delivery of municipal services; and,
3. Has been provided most or all municipal services for more than one (1)
year.
B. Where applicable, Annexation Petitions are to be filed with the City Recorder and
contain:
1. Signatures of a majority of the private real property owners of the area
proposed for annexation;
2. Signatures of the private real property owners who account for 1/3 value
of all private property within that same area;
Ordinance #2003-02 Page 1 of 10
3. Be accompanied by an accurate and recordable map that is prepared and
signed by a licensed surveyor; and,
4. Signatories who are designated as sponsors of the petition for future
contact.
C. If practicable and feasible, boundaries of the area proposed for annexation should
be drawn:
1. Along existing jurisdictional boundaries;
2. To eliminate islands and peninsulas of territory not receiving services;
3. To promote the efficient delivery of services; and,
4. To encourage the equitable distribution of community resources and
obligations.
1.32.020 Annexation Procedure
A. The City Recorder, upon receiving a petition for annexation, shall:
1. Submit the petition to the City Council, which shall accept the petition for
further consideration or reject the petition fourteen (14) days.
2. If the petition is rejected by the City notification shall be sent to the
County Clerk and to the sponsors of the petition within five (5) days of the
denial.
3. If accepted by the City Council, the petition shall be reviewed by the City
Recorder for completeness and compliance with applicable law, which
review and certification shall be completed within thirty (30) days of
acceptance. If the petition complies, the City Recorder shall certify the
petition and provide notice of same to the City Council.
4. Within ten (10) days of receipt notice of certification by the City Council,
notification of the proposed annexation shall be published in a newspaper
of general circulation for three (3) consecutive weeks.
5. Within 20 days of receipt of notice of certification by the City Council,
notification of said annexation shall be sent to all affected entities listed in
1.32.030.H.
B. Upon certification by the City Recorder the petition or application may be
submitted to the Planning Commission for analysis and review according to the
Ordinance #2003-02 Page 2 of 10
Annexation Policy Plan and for recommendations with respect to the appropriate
zoning.
C. Protests to the proposed annexation shall be:
1. Filed no later than thirty (30) days after receipt by the City Council of
certification from the City Recorder.
2. Protests may be filed by the legislative bodies of affected entities listed in
1.32.030.H.
3. If protests are filed, the City Council may deny the annexation at the next
meeting, or it may await the decision by the Boundary Commission.
4. If no protests are filed, the City Council may approve the annexation at a
public hearing held after providing not less than seven (7) days advance
notice.
5. The Boundary Commission shall hear protests within thirty (30) days of
the deadline for filling said protests.
6. Within thirty (30) days of initiating hearings on protests filed, the
Boundary Commission shall render a written decision.
7. The City Council may deny or grant annexation after receiving the
decision of the Boundary Commission approving the annexation. In the
event of denial of the annexation by the Boundary Commission the City
Council shall deny the annexation.
1.32.030 Annexation Policy Plan
A. PURSUANT TO U.C.A 10-2-401.5, THE CITY HEREBY ADOPTS THE
FOLLOWING ANNEXATION POLICY DECLARATION.
1. Sound urban development is essential to the continued economic
development of this State;
2. Municipalities are created to provide urban governmental services
essential for sound urban development and for the protection of public
health, safety and welfare in residential, commercial and industrial areas,
and in areas undergoing development;
3. Municipal boundaries should be extended, in accordance with specific
standards, to include areas where a high quality of urban governmental
services is needed and can be provided for the protection of public health,
Ordinance #2003-02 Page 3 of 10
safety and welfare and to avoid the inequities of double taxation and the
proliferation of special service districts;
4. Areas annexed to municipalities in accordance with appropriate standards
should receive the services provided by the annexing municipality as soon
as possible following the annexation;
5. Areas annexed to municipalities should include all of the urbanized
unincorporated areas contiguous to municipalities, securing to residents
within the areas a voice in the selection of their government;
6. Decisions with respect to municipal boundaries and urban development
need to be made with adequate consideration of the effect of the proposed
actions on adjacent areas and on the interests of other government entities,
on the need for and cost of local government services, and the ability to
deliver the services under the proposed actions and on factors related to
population growth and density and the geography of the area; and
B. MAP SHOWING THE ANTICIPATED FUTURE EXTENT OF THE CITY OF
MOAB'S BOUNDARIES AND AREAS THAT ARE MORE READILY
AVAILABLE FOR SERVICE.
1. This portion of the City of Moab's Master Annexation Policy Declaration
describes the geographic areas considered most favorable for future City
expansion.
2. The map (see Appendix "A") visually displays the existing boundaries of
the City of Moab in a green line and the future boundaries by a black line.
The future boundaries include the following description:
a. Sections 26, 27, 34, 35 & 36 of Township 25 South Range 21 East;
and,
b. Sections 1, 2, & 12 of Township 26 South Range 21 East; and,
c. Sections 6, 7 and portion of 8 of Township 26 South Range 22 East.
C. CRITERIA AS REQUIRED BY STATE LAW, TOGETHER WITH
ADDITIONAL CRITERIA AND POLICIES FOR CITY ACCEPTANCE OF AN
ANNEXATION.
1. The City endorses the intent of the Utah Annexation Act, U.C.A. 10-2-
401, et seq., as amended. Criteria for annexation of property to the City
are as follows:
a. The property must be contiguous to the boundaries of the City.
Ordinance #2003-02 Page 4 of 10
b. The property must lie within the area projected for the City municipal
expansion.
c. The property must not be included within the boundaries of another
incorporated municipality.
d. The annexation must not create unincorporated islands within the
boundaries of the City.
e. The property proposed to be annexed hereunder will not be annexed
for the sole purpose of acquiring municipal revenue or for retarding
the capacity of any other municipality to annex into the same or related
area.
2. The City will evaluate the following for each annexation:
a. Compliance with all requirements of appropriate State Code
provisions.
b. The current and potential population of the area, and the current
residential densities.
c. Land uses proposed in addition to those presently existing.
d. The assessed valuation of the current properties or proposed uses.
e. The potential demand for various municipal services, especially those
requiring capital improvements.
f. Recommendations of other local government jurisdictions regarding
the proposal and potential impact of the annexation.
g. How the proposed area, and/or its potential land uses would contribute
to the achievement of the goals and policies of the City.
h. Identification of any special districts or county departments that are
currently providing services. If the proposed area is receiving services
that are to be assumed by the City, a statement should be included
indicating that steps can be taken to assure an effective transition in the
delivery of services. A timetable for extending services should be
included if the City is unable to provide services immediately. If the
proposed area is receiving services that are not going to be assumed by
the City a statement to that effect will be included in the Annexation
Agreement.
Ordinance #2003-02 Page 5 of 10
i. If an application for annexation includes a specific proposal for urban
development, an understanding as to the provision of improvements
should be concluded between the City and the applicant.
j•
New annexations should create areas in which services can be
provided efficiently. The annexation should not create geographically
isolated areas, areas for which the provision of services would be
costly or difficult, or an area in which surface water runoff would
create multi jurisdictional problems.
k. The tax consequences for affected entities should be addressed.
3. In order to facilitate orderly growth, the following City policies will apply
to every annexation proposal. However, compliance with any policy not
expressly required by state law is not mandatory, and failure to comply
with any policy not expressly required by state law shall in no way affect
or jeopardize an annexation petition that otherwise meets the standards
established in the Utah Code.
a. The City's policy is to consider annexation only in those areas where
the City has the potential to provide urban services (either directly or
through interlocal cooperative agreement). These areas may include
locations served or to be served by City utilities, electrical service,
police and fire protection facilities, etc.
b. The City declares its interest in those areas identified in this Policy
Declaration and other areas lying within one-half mile of the City's
boundary. Any urban development as defined by state law proposed
within this specified area is subject to review and approval of the City
as provided in U.C.A. 10-2-418, as amended.
c. Due to the extraterritorial powers granted as part of the Utah Boundary
Commission Act, the City may exercise its initiative to prepare and
adopt a General Plan for future development in those extraterritorial
areas of interest for future annexation, as indicated in this Policy
Declaration. This General Plan will define proposed land uses, nature,
and density of development desired by the City in each particular area.
Once this ordinance is adopted, any proposed development in an area
to be annexed must conform to the General Plan, notwithstanding said
Plan may be amended from time to time as deemed necessary and
appropriate.
d. It is the policy of the City to require new development in annexed
areas to comply with all City standards and regulatory laws. Proposed
actions to be taken to overcome deficiencies should be identified and
costs estimated.
Ordinance #2003-02 Page 6 of 10
e. To avoid creation of islands and peninsulas, unincorporated territory
and publicly -owned land such as roadways, schools, parks or
recreational land, may be annexed as part of other logical annexations.
f. In order to facilitate orderly growth and development in the City, the
Planning Commission may review a proposed annexation and make
recommendations to the City Council concerning the parcel to be
annexed, the effect on City development, and the recommended
zoning district designation for the proposed annexed area. Review by
the Planning Commission is not a requirement for annexation, and
approval from the Planning Commission is not necessary for
annexation.
g•
The City Council shall designate the zoning for the territory being
annexed in the ordinance annexing the territory. The zoning
designations must be consistent with the General Plan. The City
Council shall not be bound by the zoning designations for the territory
prior to annexation. Nothing in this section shall be construed as
allowing the City Council to change zoning designations in areas that
are already within the municipal boundaries, without following the
procedures for zoning amendments found in the City Code.
h. Landowners petitioning for annexation must file an application and
follow the procedures for annexation required by State law and the
procedures specified by the City.
i. The City may require an annexation fee reasonable to the cost incurred
as part of the annexation process.
J•
From time to time, the City may amend this Master Annexation Policy
Declaration. This policy declaration, including maps, may be amended
by the City Council after at least 14 days' notice and public hearing.
Annexation Policy Declarations for individual annexations may be
considered amendments to this Master Annexation Policy Declaration
and likewise require adequate notice and public hearing as herein
specified.
D. THE CHARACTER OF THE COMMUNITY.
1. The areas anticipated for future annexation contain a wide variety of land
uses. There is vacant land, as well as residentially developed property, and
property developed and being developed for commercial uses.
2. The City was incorporated in December 20, 1902 and has entertained
numerous proposals for annexation since that time. Recent interest in
annexation has been shown by many surrounding property owners. This
Ordinance #2003-02 Page 7 of 10
policy declaration will help to define those areas that the City will
consider in a favorable manner.
E. THE NEED FOR MUNICIPAL SERVICES IN DEVELOPING
UNINCORPORATED AREAS.
1. The City recognizes that municipal services to developed areas which may
be annexed should, to the greatest extent possible, be provided by the City.
It may, however negotiate service agreements in annexing areas.
2. For developing unincorporated areas to be annexed to the City, general
government services and public safety service will be provided by the City
as the area is annexed and developed. Where feasible and in the public
interest to the citizens of the City, public utility services will be provided
by the City or through the appropriate utility companies or improvement
districts.
3. Subsequent policy declarations on individual parcels will address
provision of utility service to that particular area. Determination of how
utility service will be provided to developing areas proposed for
annexation will be developed following discussion with the Public Works
Department and other appropriate utility officials or entities.
F. FINANCING AND TIME FRAME FOR THE EXTENSION OF MUNICIPAL
SERVICES.
1. Those areas identified in this Master Policy Declaration as being favorable
for annexation are located near to the City. A basic network of collector
roads presently exists in many of these areas and the City can readily
extend such services as police protection, street maintenance, and general
government services. Unless otherwise specified, City services for police
and street maintenance will begin in newly annexed areas immediately
following the effective date of annexation.
2. Services for newly annexed areas will be provided for out of the General
and/or Enterprise Funds. However, it is the City's policy that all new
development in areas requiring service bears the burden of providing
necessary facilities. If and when the property sought to be annexed is
developed, the developer will have to construct and install appropriate
municipal service facilities such as streets, curb, gutter, sidewalk, water
and sewer lines, as provided by City Code. Construction of water and/or
sewer line extensions involving multiple properties will be phased to
coincide with the financial readiness of said property owners and the City.
Ordinance #2003-02 Page 8 of 10
3. If services in an annexed area are substandard, then the financing of
improvements to bring the area up to City standards may be necessary
through such means as a special improvement district. The City may
decline to annex areas that contain significant substandard improvements.
The Site Annexation Policy Declaration, submitted with individual
annexations, will identify a schedule for necessary improvements to the
area.
4. Unless otherwise agreed by the City in writing, the annexation of real
property into the municipal limits shall not obligate the City to construct
or install utilities or other public infrastructure. The decision to extend or
install such improvements shall be vested solely in the discretion of the
City Council.
G. THE ESTIMATE OF TAX CONSEQUENCES.
The estimate of tax consequences to residents in both new and old territory of the
City resulting from the proposed future annexations cannot be accurately assessed
at this time. As each annexation proposal occurs, the City will review the tax
consequences of that annexation.
H. AFFECTED ENTITIES.
The following is a list of potentially -affected entities, to which copies of the
Annexation Policy Declaration has been supplied prior to its adoption. In
addition, as annexation proposals occur, the entities affected by the proposed
annexation will be notified.
Grand County
125 East Center
Moab, Utah 84532
Grand County School District
264 South 400 East
Moab, Utah 84532
Moab Fire Department
45 South 100 East
Moab, Utah 84532
Grand Water & Sewer Agency
3025 East Spanish Trail
Moab, Utah 84532
259-8121
Ordinance #2003-02 Page 9 of 10
Grand County Hospital Service District
245 West Williams Way
Moab, Utah 84532
Health Department of Southeastern Utah
P.O. Box 800
Price, Utah
Cemetery District
P.O. Box 64
Moab, Utah 84532
Moab Mosquito Abatement District
P.O. Box 142
Moab, Utah 84532
Grand County Library Board
25 South 100 East
Moab, Utah 84532
Solid Waste District
P.O. Office Box 980
Moab, Utah 84532
Recreation District
P.O. Box 715
Moab, Utah 84532
Grand County Boundary Commission
125 East Center
Moab, Utah 84532
This ordinance shall take effect immediately upon passage.
PASSED AND APPROVED THIS 28th DAY • ebruary,, 200,
Mayor
Rachel Ellison
City Recorder
. Sakrison
Ordinance #2003-02
Page 10 of 10
Annexation Policy Plan Map
COURY
Ug'41�I
GlT Y OF
MOAB
Legend
Annexation
State Highway
Roads
Moabcity
Rivers
Proof _if Publication
CITY OF MOAB
PUBLIC HEARING
PROPOSED
ORDINANCE
#2003-02
The City of Moab will
hold a Public Hearing
on Tuesday, February
11, 2003 at approxi-
mately 7:30 P.M. in the
Council Chambers of
the Moab City Offices
at 115 West 200 South,
Moab, Utah.
The purpose of this
hearing is to solicit
public input on Pro-
posed Ordinance
#2003-02 - An Ordi-
nance Amending
Chapter 1.32 of the
Moab Municipal Code
Regarding the Proce-
dures and Policies for
Annexation of Property
into the City of Moab.
In compliance with
the Americans with
Disabilities Act, indi-
viduals needing spe-
cial accommodations
during this meeting
should notify the
Recorder's Office at
115 West 200 South,
Moab, Utah 84532; or
phone (435) 259-5121
at least three (3) work-
ing days prior to the
meeting.
/s/ Rachel Ellison
City Recorder
Published in The
Times -Independent,
Moab, Utah January 30
and February 6, 2003
F E B 3 2003
STATE OF UTAH, )
) ss.
County of Grand, )
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Annexation Hearing
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of 2 consecutive issues, the first publication
date having been made Jan. 30, 2003
;and the last on Feb . 6 , 2003
;and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the news-
paper proper and not in a supplement thereof.
Co -Publisher
Subscribed and sworn before me this
Notary Public
Residing at Moab, Utah
My Cfommissien-ExpiresS. TA.I1O
NoTR.Y rirw.. , sTvE ork
28 EAST CENTER ¢
tOn!kB. UT 845'32