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018 of 2010 - Amending Ordinance No. 58 of 2008 to extend the time period for satisfying the conditions set forth • 0 10-1 P 08-11 SALT LAKE CITY ORDINANCE = '_ ' '' ' No. 18 of 2010 _ -_ �...: _ _ (Amending Ordinance 58 of 2008) 3 _.. (Property located at 1955 East Stratford Avenue) J,' •_ _. ' _,,_, '' - _ _ An ordinance amending Ordinance No. 58 of 2008 to extend the time period for satisfying the conditions set forth therein. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a public hearing on October 24, 2007 to consider a request made by Redeemer Lutheran ("Applicant") (petition no. 400-06-49) to amend the zoning map to change the zoning designation of property located at 1955 East Stratford Avenue from Open Space (OS) to Institutional (I); and WHEREAS, the Salt Lake City Council ("City Council") held a public hearing on July 22, 2008 and enacted Ordinance No. 58 of 2008; and WHEREAS, in approving Ordinance 58 of 2008, the City Council imposed certain conditions, as expressed therein, and required that those conditions be met within one (1) year from the date that the ordinance was approved; and WHEREAS, because of additional requirements imposed by the City, the Applicant was unable to meet all of the conditions by the one-year deadline; and WHEREAS, the Applicant requests that Ordinance 58 of 2008 be reactivated and amended to extend the deadline for its performance of the conditions set forth therein with no substantive modifications to that ordinance other than the performance deadline; and WHEREAS, the City Council finds that there are no changed circumstances that would require this matter receive additional recommendation from the Planning Commission and that there is good cause to extend the deadline in the ordinance; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. The deadline set forth in Section 4 of Ordinance No. 58 of 2008 shall be and hereby is extended from July 22, 2009, to July 22, 2010 for the Applicant to satisfy the conditions set forth in Section 2 of that ordinance, namely that: a. Applicant shall transfer to the City property that was originally intended to be retained by the City, which is more particularly identified on Exhibit "B" attached [to Ordinance 58 of 2008], as certified by the City's Property Manager; and b. Applicant shall modify the current irrigation system, at its sole expense, so that the irrigation system for Hillcrest Park will still remain intact and useable after the proposed church expansion, as certified by the City's Director of Public Services. SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first publication. The City Recorder is instructed not to publish or record this ordinance until the conditions identified above have been met, as certified by the Salt Lake City Property Manager and the Director of the City's Public Services Department. Passed by the City Council of Salt Lake City, Utah, this 30 day of March 2010. 2 • • C A ERSOi ATTEST AND COUNTERSIGN: CI Y CORDER Transmitted to Mayor on March 30, 2010 Mayor's Action: y Approved. Vetoed. - FA /!/� MAYOR lk kphR CIT RECORDER APPROVED AS TO FORM Salt Lake City Attorney's Office (SEAL) Date: D Bill No. 18 of 2010. Published: — 1� —'�[ ul C.Ni iNori%Senior City Attorney DATED this 30 day of March , 2010. HB_ATTY-rl I429-v4-Ordinance_amending_Ordinance_58_of 2008_-_Redeemer_Lutheran.DOC 3 EXHIBIT"A" Beginning at a point that is east 16,92 feet and south 1.69 feet and S00°10'01"W 50.90 feet from the Southwest corner of Lot 1, South Country Club Heights Subdivision, part of the Southwest Quarter of Section 22 and part of the Southeast Quarter of Section 21, Township 1 South, Range 1 East, Salt Lake Base and Meridian; thence S89°49'59"E 78.51 feet; thence S55°07'39"E 46.70 feet to a point of curve, radial line bears S34°52'21"W; thence southeasterly 222.02 feet along a 617.01 foot radius curve to the right; thence S34°30'39"E 56.04 feet; thence SOO°09'36"W 74,32 feet to the south line of the closed Hillcrest Avenue; thence northwesterly along the south line of said avenue the following four courses, N34°30'39"W 117.16 feet to a point of curve, radial line bears S55°29'21"W; thence northwesterly 206.80 feet along a 574.73 foot radius curve to the left; thence N55°07'39"W 53.49 feet to a point of curve, radius bears S34°52'21"W; thence northwesterly 53.51 feet along a 133.09 foot radius curve to the left; thence N00°10'01"E 9.97 feet to the point of beginning, contains 0.3721 acres more or less. I EXHIBIT "B" HILLCREST AVENUE (SLC PORTION OF ABANDONED ROAD) BEGINNING AT A POINT ON A CURVE THAT IS EAST 16.92 FEET AND SOUTH 1.69 FEET FROM THE SOUTHWEST CORNER OF LOT 1, SOUTH COUNTRY CLUB HEIGHTS SUBDIVISION, PART OF THE SOUTHWEST QUARTER OF SECTION 22 AND PART OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN. RADIAL LINE BEARS S08°10'52"W AND A RADIUS OF 193.09 FEET; THENCE ALONG THE CURVE TO THE RIGHT 89.95 FEET TO A POINT OF TANGENCY; THENCE S55°07'39"E 53.49 FEET TO A POINT OF CURVE, RADIAL LINE BEARS S34°52'21"W AND A RADIUS OF 634.73 FEET; THENCE ALONG THE CURVE TO THE RIGHT 228.39 FEET TO A POINT OF TANGENCY; THENCE S34°30'39"E 145.64 FEET TO A POINT OF CURVE, RADIAL LINE BEARS N55°29'21"E AND A RADIUS OF 46.43 FEET; THENCE ALONG THE CURVE TO THE LEFT 30.53 FEET TO THE WEST RIGHT OF WAY LINE OF 2000 EAST STREET; THENCE S05°34'12"W ALONG SAID RIGHT OF WAY 44.50 FEET TO THE NORTH RIGHT OF WAY LINE OF STRATFORD AVENUE; THENCE N89°50'24"W ALONG SAID RIGHT OF WAY 51.74 FEET TO A POINT OF CURVE, RADIAL LINE BEARS S61°09'47"W AND A RADIUS OF 310.44 FEET; THENCE ALONG THE CURVE TO THE LEFT 30.74 FEET TO A POINT OF TANGENCY; THENCE N34°30'42"W 30.77 FEET; THENCE N00°09'36"E 74.32 FEET; THENCE N34°30'39"W 56.04 FEET TO A POINT OF CURVE, RADIAL LINE BEARS S55°29'21"W AND A RADIUS OF 617.01 FEET; THENCE ALONG THE CURVE TO THE LEFT 222.02 FEET TO A POINT OF TANGENCY; THENCE N55°07'39"W 46.70 FEET; THENCE N89°49'59"W 78.51 FEET TO THE EAST RIGHT OF WAY LINE OF PRESTON STREET; THENCE N00°10'01"E ALONG SAID RIGHT OF WAY 50.90 FEET TO THE POINT OF BEGINNING, CONTAINS 0.372 ACRES MORE OR LESS. • CHRISTINE R.MEEKER "M,R GUI OP O ` RALPH BECKER CITY RECORDER MAYOR City Recorder STATE OF UTAH, City and County of Salt Lake, I, Christine Meeker, City Recorder of Salt Lake City, Utah, do hereby certify that the attached, Ordinance 18 of 2010, Amending Ordinance 58 of 2008, Redeemer Lutheran Rezone: Rezoning Property generally located at 1955 East Stratford Avenue from Open Space (OS) to Institutional (I) is a true and correct copy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 9th day of May, 2011. Recorder, alt Lake ity, Utah \ria°R A'''''''>• LOCATION: 451 SOUTH STATE STREET,ROOM 415,SALT LAKE CITY,UTAH 84111 MAILING ADDRESS: PO BOX 145515,SALT LAKE CITY,UTAH 84114-5515 TELEPHONE:801-535-7671 FAX:801-535-7681 0 10-1 P 08-11 • SALT LAKE CITY ORDINANCE No. 18 of 2010 (Amending Ordinance 58 of 2008) (Property located at 1955 East Stratford Avenue) An ordinance amending Ordinance No. 58 of 2008 to extend the time period for satisfying the conditions set forth therein. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a public hearing on October 24, 2007 to consider a request made by Redeemer Lutheran ("Applicant") (petition no. 400-06-49) to amend the zoning map to change the zoning designation of property located at 1955 East Stratford Avenue from Open Space (OS) to Institutional (I); and WHEREAS, the Salt Lake City Council ("City Council") held a public hearing on July 22, 2008 and enacted Ordinance No. 58 of 2008; and WHEREAS, in approving Ordinance 58 of 2008, the City Council imposed certain conditions, as expressed therein, and required that those conditions be met within one (1) year from the date that the ordinance was approved; and WHEREAS, because of additional requirements imposed by the City, the Applicant was unable to meet all of the conditions by the one-year deadline; and WHEREAS, the Applicant requests that Ordinance 58 of 2008 be reactivated and amended to extend the deadline for its performance of the conditions set forth therein with no substantive modifications to that ordinance other than the performance deadline; and WHEREAS, the City Council finds that there are no changed circumstances that would require this matter receive additional recommendation from the Planning Commission and that there is good cause to extend the deadline in the ordinance; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. The deadline set forth in Section 4 of Ordinance No. 58 of 2008 shall be and hereby is extended from July 22, 2009, to July 22, 2010 for the Applicant to satisfy the conditions set forth in Section 2 of that ordinance, namely that: a. Applicant shall transfer to the City property that was originally intended to be retained by the City, which is more particularly identified on Exhibit "B" attached [to Ordinance 58 of 2008], as certified by the City's Property Manager; and b. Applicant shall modify the current irrigation system, at its sole expense, so that the irrigation system for Hillcrest Park will still remain intact and useable after the proposed church expansion, as certified by the City's Director of Public Services. SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first publication. The City Recorder is instructed not to publish or record this ordinance until the conditions identified above have been met, as certified by the Salt Lake City Property Manager and the Director of the City's Public Services Department. Passed by the City Council of Salt Lake City, Utah, this 30 day of March 2010. 2 #0,Z... C A ERSO ATTEST AND COUNTERSIGN: - - , W-,e-g-her2_,._ CI Y CORDER Transmitted to Mayor on March 30, 2010 • i ? '� Mayor's Action: Approved. Vetoed. F ,;T .., rj t;t i'..i;,:tk,.,. /1/� 0e. " ,F. :ti.2; ;'::-ill q v�r �- MAY•R \ ...0R:A\- CIT RECO ER -_ `` '"- �'' APPROVED AS TO FORM `c . �,! 54, Salt Lake City Attorney's Office '.' .? (SEAL) _ rI a ' "`;. °'.. F'* 0 Date: 1A4 St 24910 Bill No. 18 of 2010. ',;��'�, �`'" _ By: �ZI Y�'�� ul C. Ni o Senior CityAttorney -,- Published: �j- 14 --?�( ( °R�f��F DATED this 30 day of March , 2010. HB_ATTY-#I I429-v4-Ordinance_amending_Ordinance_58_of 2008_-_Redeemer_Lutheran.DOC 3