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079 of 2003 - rezoning properties located at approximately 1665 East Kensington Avenue 0 03-1 G9181 E34 12109/2003 09:28 AM NO FEE - 8921 F'g - 4032-4036 GARY W. OTT SALT LAKE CITY ORDINANCE RECORDER, SALT LAKE COUNTY, UTA1 No. 79 of 2003 a CITY RECRDER 8Y: LOT, DEPUTY - WI 5 P. (Rezoning Properties Located at Approximately 1665 East Kensington Avenue) - 1 -0ob AN ORDINANCE REZONING PROPERTIES LOCATED AT APPROXIMATELY 1665 EAST KENSINGTON AVENUE FROM OPEN SPACE (OS) TO RESIDENTIAL (R-1-5000), PURSUANT TO PETITION NO. 400-02-35. WHEREAS, the Planning Commission and the City Council have held public hearings and have taken into consideration the citizen testimony, filing and demographic details of the area, the long range general plans of the City, and any local master plan as part of their deliberations; and WHEREAS, the City Council recognizes that the properties are located adjacent to Emigration Creek, and that some portion of the properties may be within the FEMA 100 year flood plain; and WHEREAS, the City Council recognizes that the developability of the properties may be limited due to the location of the flood plain; and WHEREAS,pursuant to its deliberations, the City Council has concluded that the proposed change of zoning for the properties located at approximately 1665 East Kensington Avenue is appropriate for the development of the community in that area; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Rezoning. The properties located at approximately 1665 East Kensington Avenue, which are more particularly described on Exhibit "A" attached hereto, shall be and hereby are rezoned from Open Space (OS) to Residential (R-1-5000). • SECTION 2. Amendment of Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be, and hereby is amended consistent with the rezoning identified above. SECTION 3. Condition. The rezoning approved herein is'conditioned upon recording a notice against the title to the properties in the Salt Lake County Recorder's Office, in a foiiu acceptable to the City, sufficient to provide notice to any future purchaser of the properties as to the possibility that some portion of the properties may not be developable due to the location of the 100 year flood plan. Such notice shall state substantially as follows: A. The zoning of the properties does not guarantee the developability of the properties; and B. Any development of the properties will be subject to all laws and ordinances of Salt Lake City including, but not limited to, subdivision requirements, planned unit development requirements, building or development peu nits as well as the Federal flood plain requirements, if appropriate. SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The City Recorder is instructed not to publish or record this ordinance until the condition identified above has been met, as certified by the Salt Lake City Planning Director. SECTION 5. Time. If the condition identified above has not been met within one year from the date that this ordinance is signed, this ordinance shall become null and void. The City Council may, for good cause shown, extend the time period for satisfying the condition identified above. 2 • Passed by the City Council of Salt Lake City, Utah, this 20th day of November , 2003. CHAIRPERSO ATTEST AND COUNTERSIGN: 044-0:15-Aik. CHI hF DEPUTY i'Y RECORDER Transmitted to Mayor on November 26, 2003 . Mayor's Action: Approved. Vetoed. ROSS C. ANDERSON MAYOR CHIFT DEPUTY CITY RE ORDE kt . 7'y144Rt /I- 21 ©/3 (SEAL) 3 4,4 % '� ! Bill No. 79 of 2003. `# r'v Published: December 9, 2003 tfih,�RA'1'e.S�e=' G:\Ordinance 03\Rezoning Properties at 145 S Kensington Ave-Nov 20,2003.doc 3 EXHIBIT A Commencing 30 feet East of the Southeast corner of Lot 1, Block 1, UNIVERSITY HEIGHTS, SECOND ADDITION, being a subdivision of part of Lot 6, Block 12, Section 16, Township 1 South, Range 1 East, Salt Lake Meridian; and running thence North 163 feet, thence East 229.3 feet, thence South 69.15 feet, thence South 75°52154" West 152.68 feet, thence South 45 feet, more or less to a point due East of the point of beginning, thence West 80 feet more or less to the point of beginning. Commencing at a point which bears South 13°58' West 747.61 feet distant from City Monument at the intersection of Roosevelt Avenue and Seventeenth East Street, and running thence South 0°6' West 95 feet, thence North 75°52'54" East 152.68 feet, thence North 0°6' East 95 feet, thence South 75°52'54" West 152.68 feet to the point of beginning. Together with a gap commencing at a point which bears South 13°58' West 747.61 feet distant from the City monument at the intersection of Roosevelt Avenue and Seventeenth East Street; running thence North 75°52'54" East 152.68 feet, thence South 00°06'00" West 8.05 feet, thence South 75°54'27" West 155.84 feet, thence North 19°29'54" East 9.28 feet to the point of beginning. /z-9-o3 ROCKY J. FLU HART SA �"'' TY 0OPORA 'I--0,N �-�1 - � --. ROSS C. "ROCKY" ANDERSON CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF MANAGEMENT SERVICES MAYOR CITY RECORDER CERTIFICATION STATE OF UTAH, City and County of Salt Lake, I, Scott C. Crandall, Deputy City Recorder of Salt Lake City, Utah, do hereby certify that this document is a full, true and correct copy of Ordinance 79 of 2003, rezoning properties located at approximately 1665 East Kensington Avenue, pursuant to Petition No. 400-02-35. Passed by City Council action of Salt Lake City, Utah on November 20, 2003. Published on December 9, 2003. IN WITNESS WHEREOF, I have hereuntoet my and and affixed th orate seal of said City, this 5th day of December, 2Q03. . ; 4. - A eputy City Recorder, Salt Lake City, Utah 451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH 134111 TELEPHONE: 601-535-7671 FAX: S01-535.7661 is `� wccvceo PnPeR 0 03-1 P 03-23 SALT LAKE CITY ORDINANCE No. 79 of 2003 (Rezoning Properties Located at Approximately 1665 East Kensington Avenue) AN ORDINANCE REZONING PROPERTIES LOCATED AT APPROXIMATELY 1665 EAST KENSINGTON AVENUE FROM OPEN SPACE (OS) TO RESIDENTIAL(R-1-5000), PURSUANT TO PETITION NO. 400-02-35. WHEREAS, the Planning Commission and the City Council have held public hearings and have taken into consideration the citizen testimony, filing and demographic details of the area, the long range general plans of the City, and any local master plan as part of their deliberations; and WHEREAS, the City Council recognizes that the properties are located adjacent to Emigration Creek, and that some portion of the properties may be within the FEMA 100 year flood plain; and WHEREAS, the City Council recognizes that the developability of the properties maybe limited due to the location of the flood plain; and WHEREAS, pursuant to its deliberations, the City Council has concluded that the proposed change of zoning for the properties located at approximately 1665 East Kensington Avenue is appropriate for the development of the community in that area; NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Rezoning. The properties located at approximately 1665 East Kensington Avenue, which are more particularly described on Exhibit"A" attached hereto, shall be and hereby are rezoned from Open Space (OS)to Residential (R-1-5000). SECTION 2. Amendment of Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be, and hereby is amended consistent with the rezoning identified above. SECTION 3. Condition. The rezoning approved herein is conditioned upon recording a notice against the title to the properties in the Salt Lake County Recorder's Office, in a form acceptable to the City, sufficient to provide notice to any future purchaser of the properties as to the possibility that some portion of the properties may not be developable due to the location of the 100 year flood plan. Such notice shall state substantially as follows: A. The zoning of the properties does not guarantee the developability of the properties; and B. Any development of the properties will be subject to all laws and ordinances of Salt Lake City including,but not limited to, subdivision requirements, planned unit development requirements, building or development permits as well as the Federal flood plain requirements, if appropriate. SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The City Recorder is instructed not to publish or record this ordinance until the condition identified above has been met, as certified by the Salt Lake City Planning Director. SECTION 5. Time. If the condition identified above has not been met within one year from the date that this ordinance is signed, this ordinance shall become null and void. The City Council may, for good cause shown, extend the time period for satisfying the condition identified above. 2 Passed by the City Council of Salt Lake City, Utah, this 20th day of November , 2003. CHAIRPERSO ATTEST AND COUNTERSIGN: CHIEF DEPUTY Y CORDER Transmitted to Mayor on November 26, 2003 .r Mayor's Action: Approved. Vetoed. ROSS C. ANDERSON MAYOR Cf4A0 . CHIEF DEPUTY CITY ORDE' ..rf-.'" (SEAL) :;3•, y • Bill No. 79 of 2003. ',�j�! v;= Published: December 9, 2003 G:\Ordinance 03\Rezoning Properties at 1665 S Kensington Ave-Nov 20,2003.doc 3 . EXHIBIT A Commencing 30 feet East of the Southeast corner of Lot 1, Block 1, UNIVERSITY HEIGHTS, SECOND ADDITION, being a subdivision of part of Lot 6, Block 12, Section 16, Township 1 South, Range 1 East, Salt Lake Meridian; and running thence North 163 feet, thence East 229.3 feet, thence South 69.15 feet, thence South 75°52'54" West 152.68 feet, thence South 45 feet, more or less to a point due East of the point of beginning, thence West 80 feet more or less to the point of beginning. Commencing at a point which bears South 13°58' West 747.61 feet distant from City Monument at the intersection of Roosevelt Avenue and Seventeenth East Street, and miming thence South 0°6' West 95 feet, thence North 75°52'54" East 152.68 feet, thence North 0°6' East 95 feet, thence South 75°52'54" West 152.68 feet to the point of beginning. Together with a gap commencing at a point which bears South 13°58' West 747.61 feet distant from the City monument at the intersection of Roosevelt Avenue and Seventeenth East Street; running thence North 75°52'54" East 152.68 feet, thence South 00°06'00" West 8.05 feet, thence South 75°54'27" West 155.84 feet, thence North 19°29'54" East 9.28 feet to the point of beginning. /z-9-o3