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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 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 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.
Passed by the City Council of Salt Lake City, Utah, this 20th day of November, 2003.
Bill No. 79 of 2003.
Published: has conditions.