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SALT LAKE CITY ORDINANCE
No. 42 of 2009
(Amending the Capitol Hill Community Master Plan, Amending the
Zoning Map to Re-Zone Property Located at 158 North 600 West,
and Closing and Abandoning a Public Right of Way)
An ordinance amending the Capitol Hill Community Master Plan; amending the zoning map to reflect the re-zoning of property located at 158 North 600 West from SR-1A and SR-3 to RMF-45; and closing and abandoning Phoenix Circle, a City-owned right-of-way pursuant to Petition Nos. PLNPCM2008-00466, PLNPCM-00470, PLNSUB-00615.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on January 14, 2009 on application(s) made by the Housing Authority of Salt Lake (“Applicant”) to amend the Capitol Hill Community Master Plan (Petition No. PLNPCM2008-00466) and to amend the Salt Lake City zoning map (Petition No. PLNPCM-00470) pertaining to property located at 158 North, 600 West, 187 N. Phoenix Circle, 181 N. Phoenix Circle, 177 N. Phoenix Circle, 171 N. Phoenix Circle, 176 N. Phoenix Circle, 180 N. Phoenix Circle, and 186 N. Phoenix Circle (Respectively identified as Tax ID Nos. 08-36-352-027, 08-36-352-028, 08-36-352-029, 08-36-352-030, 08-36-352-031, 08-36-352-032, 08-36-352-033, and 08-36-352-034) (the “Property”); and to close and abandon Phoenix Circle, a public right-of-way (Petition No. PLNSUB-00615); and
WHEREAS, at its January 14, 2009 meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said applications; and
WHEREAS, after a hearing before the City Council, the City Council has determined that the following ordinance is in the best interest of the City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Capitol Hill Community Master Plan. The Future Land Use Map of the Capitol Hill Community Master Plan shall be and hereby is amended to change the designated appropriate land use for the Property from low density residential to High/Medium Density Residential.
SECTION 2. Amending 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 the Property shall be and hereby is rezoned from SR-1A (current zoning for Tax ID no. 08-36-352-027) and SR-3 (current zoning for Tax ID nos. 08-36-352-028, 08-36-352-029, 08-36-352-030, 08-36-352-031, 08-36-352-032, 08-36-352-033, and 08-36-352-034) to RMF-45 (Residential Multifamily) for all lots constituting the Property.
SECTION 3. Closing and Abandoning Phoenix Circle, a public right-of-way. That Phoenix Circle, a City-owned public right-of-way, which is the subject of Petition No. PLNSUB-00615, and which is more particularly described on Exhibit “A” attached hereto, is hereby closed and abandoned and declared no longer needed or available for use as a street. Such closure and abandonment is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City’s water and sewer facilities. Said closure and abandonment is also subject to any existing rights-of-way or easements of private third parties.
SECTION 4. Conditions. This street closure and abandonment is conditioned upon the following:
a. Applicant making payment to the City of fair market value of those portions of the right-of-way, or its equivalent, and title to those portions of this right-of-way shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58; and
b. The submission of building plans with additional windows on the first floor.
SECTION 5. 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 record or publish this ordinance until the conditions identified herein have been met, as certified by the Salt Lake City Property Manager and the Salt Lake City Planning Director.
SECTION 6. Time. If the conditions identified above have not been satisfied within one year from the date of the approval of this ordinance, the ordinance shall become null and void. This deadline may, for good cause, by resolution, be extended by the City Council.
Passed by the City Council of Salt Lake City, Utah, this 7th day of July, 2009.
Bill No. 42 of 2009.
Published: has conditions