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Proposed Ordinance - 3/10/2023SALT LAKE CITY ORDINANCE No. _____ of 2023 (Amending the zoning map pertaining to a parcel located at approximately 130 N 2100 W to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone B) An ordinance amending the zoning map pertaining to a parcel located at approximately 130 N 2100 W to amend the zoning map to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone B pursuant to Petition No. PLNPCM2022-00833. WHEREAS, ASSIST Inc., on behalf of the owner of the parcel that is the subject of this ordinance, submitted an application to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone B from the subject parcel pursuant to Petition No. PLNPCM2022-00833; WHEREAS, at its November 16, 2022 meeting, the Salt Lake City Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said petition with the further recommendation that the approval of the petition be conditioned on the property owner entering into a development agreement to address sound attenuation; and WHEREAS, after a public hearing on this matter the City Council determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the 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 to reflect that one (1) parcel located at approximately 130 N 2100 W (Parcel ID 08-33-426-026-0000), and as more particularly described on Exhibit “A” attached hereto (the “Property”), shall be and hereby is rezoned to remove the AFPP Airport Flight Path Protection Overlay District Influence Zone B from the Property. SECTION 2. Conditions. Approval of this ordinance is conditioned upon the property owner entering into a development agreement that obligates the property owner to construct an air circulation system of at least 30 dBs of sound attenuation in sleeping areas and at least 25 dBs of sound attenuation in non-sleeping areas in the event any new structure is constructed on the Property or there is a substantial remodel of an existing structure on the Property. SECTION 3. Effective Date. This ordinance shall take effect immediately after it has been published in accordance with Utah Code Section 10-3-711 and recorded in accordance with Utah Code Section 10-3-713. The Salt Lake City Recorder is instructed not to publish or record this ordinance until the condition set forth in Section 2 is satisfied as certified by the Salt Lake City Planning Director or his designee. SECTION 4. Time. If the condition identified in Section 2 above has not been met within one year after passage of this ordinance then this ordinance shall become null and void. The City Council may, for good cause shown, by resolution, extend the time for satisfying the condition identified above. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance Removing Airport Influence Zone B 130 N 2100 W APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Katherine D. Pasker, Senior City Attorney March 8, 2023 Exhibit “A” Legal Description of the Parcel to be rezoned to remove the AFPP Zone B Parcel No. 08-33-426-026-0000 Beginning at a point on the East Boundary of 2100 West Street (a 44 foot wide Road) which point is North 89°58'30" East 1,959.03 feet along the Section Line and North 0°00'35" West 804.00 feet to an existing plug in the top of the curb at the intersection of the North Line of North Temple Street and the East Line of 2100 West Street and North 0°00'35" West 89.88 feet along said East Boundary of 2100 West Street from the South Quarter Corner of Section 33, Township 1 North, Range 1 West, Salt Lake Base & Meridian which point is also North 89°58'38" East 676.32 feet along the Monument Line of North Temple Street and North 0°00'35" West 155.28 feet from an existing monument at the intersection of North Temple and 2200 West Street and running thence North 0°00'35" West 331.12 feet along said East Boundary of said 2100 West Street; thence North 89°59'25" East 343.34 feet; thence South 0°00'35" East 145.55 feet; thence along the boundary of the Questar Gas Company Property in the following two courses: (i) South 89°54'56" West 50.00 feet, (ii) South 0°07'27" West 144.25 feet; thence West 119.25 feet; thence South 41.30 feet; thence West 173.75 feet to the point of beginning.