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ORDINANCE NO. 22-2026

AN ORDINANCE OF THE CITY OF WEST HAVEN, UTAH REZONING

CERTAIN PROPERTY WITHIN THE CITY FROM M-1 TO R-3, AMENDING

THE ZONING MAP OF THE CITY; AND APPROVAL OF THE PROVIDED

CONCEPT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.

Section 1 - Recitals:

WHEREAS, West Haven City (herein “City”) is a municipal corporation duly

organized and existing under the laws of the State of Utah; and,

WHEREAS, in conformance with UCA § 10-3-707, the governing body of the

City may revise, codify and compile from time to time and to publish in book, pamphlet, or

loose leaf form all ordinances of the municipality of a general and permanent character and

to make such changes, alterations, modifications, additions, and substitutions as it may

deem best; and,

WHEREAS, the City Council finds that the Planning Commission has caused to be

prepared and has recommended to the City Council a proposed zoning ordinance and

general plan; and

WHEREAS, the City Council finds that the full text of the zoning ordinance and

its associated and related maps, representing the Planning Commission's recommendations

for zoning all or any part of the area within the municipality, have been subjected to the

required public hearing before its adoption; and

WHEREAS, the City Council may lawfully adopt the zoning ordinance as

proposed and with all later amendments thereto; and

WHEREAS, the City Council finds that Utah Code (“UC”) §10-20-505 provides

that the legislative body may amend the number, shape, boundaries, or area of any zoning

district; any regulation of or within the zoning district; or any other provision of the zoning

ordinance; and,

WHEREAS, the City Council may make no amendment to the City’s zoning

ordinance or zoning maps unless the amendment was proposed by the Planning

Commission or is first submitted to the Planning Commission for its recommended

approval or disapproval; and

WHEREAS, upon petition to the West Haven City, a public notice was given, and

the Planning Commission held a public hearing on October 14, 2026, and made a

recommendation of denial to the City Council on October 28, 2026; and

Page 1 of 6

WHEREAS, the City Council finds that R-3 is appropriate when considering the

General Plan, citizens’ comments, the surrounding development and land uses, and other

factors (§157.715 (A)(3)); and

WHEREAS, the City Council finds that the public convenience and necessity,

public safety, health, and welfare are at issue and require action by the City as noted above;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF

WEST HAVEN, UTAH, that the City Zoning Ordinance is changed and amended as

follows:

Zoning Changes:

1. These described lands and premises within the boundaries of the City are re-zoned

from M-1 to R-3, and the Zoning Map is amended to indicate:

Owners: ELB PROPERTIES LC

Parcel #: 080060075

Total Acreage Approx: 7.05 acres

LEGAL DESCRIPTION

PART OF THE SOUTH HALF NORTHEAST QUARTER OF SECTION 2,TOWNSHIP

5 NORTH, RANGE 2 WEST, STALT LAKE BASE AND MERIDIAN,U. S. SURVEY:

BEGINNING AT THE SOUTHWEST CORNER OF SAIDNORTHEAST QUARTER

AND RUNNING NORTH 450.00 FEET ALONG THEQUARTER SECTION LINE,

THENCE EAST 1060 FEET MORE OR LESS TOTHE WEST LINE OF THE RIO

GRANDE WESTERN RAILWAY RIGHT OF WAYTHENCE SOUTHWESTERLY

ALONG SAID WEST LINE TO A POINT 85 FEETNORTHEASTERLY FROM THE

QUARTER SECTION LINE, THENCENORTHWESTERLY 100 FEET THENCE

SOUTHWESTERLY 160 FEET, TO THEQUARTER SECTION LINE, THENCE WEST

680 FEET MORE OR LESS ALONGSAID QUARTER SECTION LINE TO THE POINT

OF BEGINNING. SUBJECT TO A ROAD RIGHT-OF-WAY ACROSS THE WEST 16.5

FEETTHEREOF. CONTAINING 9.12 ACRES, M/L. EXCEPT: PART OF THE SOUTH

HALF OF THE NORTHEAST QUARTEROF SECTION 2, TOWNSHIP 5 NORTH,

RANGE 2 WEST, SALT LAKEMERIDIAN, BEGINNING AT THE SOUTHWEST

CORNER OF SAID NORTHEASTQUARTER AND RUNNING THENCE NORTH

00D36'14" EAST 20.00 FEET,THENCE SOUTH 89D56'44" EAST 574.04 FEET,

THENCE NORTH35D41'55" EAST 329.71 FEET, THENCE SOUTH 54D02'56" EAST

165.16FEET TO THE WESTERN RIGHT OF WAY OF THE RIO GRANDE

WESTERNRAILWAY, THENCE ALONG SAID RIGHT OF WAY LINE SOUTH

34D21'30"WEST 150.06 FEET, THENCE LEAVING SAID RIGHT OF WAY

NORTH54D02'56" WEST 98.67 FEET, THENCE SOUTH 35D41'55" WEST

153.81FEET, THENCE NORTH 89D56'44" WEST 646.03 FEET TO THE POINT

OFBEGINNING. (E# 2543791) LESS AND EXCEPTING: PART OF THE

NORTHEAST QUARTER OFSECTION 2, TOWNSHIP 5 NORTH, RANGE 2 WEST,

Page 2 of 6

OF THE SALT LAKEBASE & MERIDIAN, BEGINNING AT THE INTERSECTION

OF THE GRANTORSNORTH PROPERTY LINE AND THE WESTERLY RIGHT OF

WAY LINE OF RIOGRANDE WESTERN RAILWAY BEING LOCATED NORTH

00D36'14" EAST450.00 FEET ALONG THE WEST LINE OF SAID NORTHEAST

QUARTER ANDSOUTH 89D56'46" EAST 1072.49 FEET FROM THE SOUTHWEST

CORNER OFSAID NORTHEAST QUARTER RUNNING THENCE ALONG SAID

RIGHT OF WAYLINE SOUTH 34D21'30" WEST 313.43 FEET THENCE NORTH

54D02'56"WEST 165.16 FEET, THENCE NORTH 35D41'55" EAST 199.44 FEET,

THENCE SOUTH 89D56'46" EAST 194.21 FEET TO THE POINT OFBEGINNING.

2. The proposed concept plan has been adopted as part of this rezone petition in

accordance with § 157.709. Before any development occurs, the property owner

must submit a complete site plan that complies with West Haven standards.

Development of the site shall materially follow the proposals outlined in the

adopted plan.

Section 2 - Repealer of Conflicting Enactments:

All orders, ordinances, and resolutions regarding the changes enacted and adopted

which have been adopted by the City, or parts which conflict with this Ordinance, are, for

such conflict, repealed, except this repeal will not be construed to revive any act, order or

resolution, or part, repealed.

Section 3 - Prior Ordinances and Resolutions:

The body and substance of all prior Ordinances and Resolutions, with their specific

provisions, where otherwise not in conflict with this Ordinance, are reaffirmed and

readopted.

Section 4 - Savings Clause:

If any provision of this Ordinance be held or deemed or be invalid, inoperative, or

unenforceable, such reason will render no other provision or provisions invalid,

inoperative, or unenforceable to any extent whatever, this Ordinance being deemed the

separate independent and severable act of the City Council of West Haven City.

Section 5 - Date of Effect

BE IT FURTHER ORDAINED this Ordinance will become effective on the 4th

day of November 2026 and after publication or posting as required by law.

DATED 4th day of November 2026.

Page 3 of 6

WEST HAVEN, a municipal corporation

by: _________________________________

Mayor Rob Vanderwood

Attested and recorded

_________________________

Emily Green

City Recorder

Mayor Rob Vanderwood Yes _____ No _____

Councilmember Carrie Call Yes _____ No _____

Councilmember Kim Dixon Yes _____ No _____

Councilmember Nina Morse Yes _____ No _____

Councilmember Ryan Saunders Yes _____ No _____

Councilmember Ryan Swapp Yes _____ No _____

Page 4 of 6

RECORDER'S CERTIFICATION

STATE OF UTAH )

: ss.

County of Weber )

I, EMILY GREEN, the City Recorder of West Haven, Utah, in compliance with UCA §10-

3-713 and UCA §10-3-714 do hereby certify that the above and foregoing is a full and

correct copy of Ordinance No. 22-2026, entitled “AN ORDINANCE OF THE CITY OF

WEST HAVEN, UTAH REZONING CERTAIN PROPERTY WITHIN THE CITY

FROM M-1 TO R-3, AMENDING THE ZONING MAP OF THE CITY; AND

PROVIDING FOR AN EFFECTIVE DATE” adopted and passed by the City Council

of West Haven, Utah, at a regular meeting thereof on November 4, 2026 which appears of

record in my office, with the date of posting or publication being November 4, 2026.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate

seal of the City this 4th day of November 2026.

______________________________

Emily Green

City Recorder

Page 5 of 6

ATTACHMENT A

Concept Plan

Page 6 of 6

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