Caleb Warnock

County commissioners voted Tuesday morning to protest three annexations proposed by American Fork because they would create islands of unincorporated land.

"Basically we are saying we are opposed to these," said Commissioner Larry Ellertson. "In essence we are saying we don't mind you annexing but when you do it, bring the whole area in."

Ellertson said he recognizes that may be easier said than done because in most cases property owners would be forced to convince owners of adjacent land to petition for annexation, too.

"I would hope that people would be willing to work together," he said. "If everyone works together toward a common goal there is a better product in the end."

American Fork is not being singled out, and the county has protested annexation proposals from other cities from time to time, he said. Commissioners have recently asked all mayors to be more aware of the issue.

The three annexations proposed by American Fork are the first of seven such annexations totaling 300 acres, and each of the seven would likely create an island or peninsula of unincorporated land, said Rod Despain, planner for American Fork.

Most, if not all, of the annexations are on the city's south side, he said. That's where a development moratorium has just ended, which was imposed to allow the city to implement new ordinances and an overall development plan specific to the area.

"We have a general plan finished and ordinances in place, and now people see the opportunity to develop," Despain said.

It is a violation of state law for a city to annex land in such a way that islands are created, Ellertson said. In the past, many such annexations have been approved. The county has worked for the past two years to encourage cities not to propose such annexations.

"We need to come up to speed," Ellertson said. "The idea is that you create pockets where it is hard for people to get service or develop in a way consistent with areas close by."

"They want us to be more involved in getting rid of islands," Despain said, noting it is unlikely the city could organize annexation of entire areas, but will try to make some boundary changes. "They are trying to encourage us, if not compel us. We think virtually all cities will be more carefully scrutinized."

As a formality, the county will send American Fork a letter of protest, Ellertson said. To work out the issue, representatives of the city and county will meet in the next couple of weeks to hammer out details.

American Fork had not planned on completing the annexation process for several months, Despain said. Negotiations with the county are unlikely to delay the annexation process.

"We can't do it without them, and we are not interested in making this an adversarial relationship," Despain said of working with the county. "All they have to do in the final analysis is to refuse to approve the annexation and it doesn't happen."

Caleb Warnock can be reached at 443-3263 or cwarnock@heraldextra.com.

This story appeared in The Daily Herald on page D1.