022 of 2014 - 289 North Almond Street & Close a portion of West Temple 12053127
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P 14-6 RECORDER: SALT LAKE COUNTY, !JTAH
SALT
LAKE CITY CORP
SALT LAKE CITY ORDINANCE _51SO_ITH TATE ST #415
No. 22 of2014 =L9 UT 84111
BY. DIP, DEPUTY - WI 11 P.
(Amending the zoning of property located at 289 North Almond Street
and closing a portion of West Temple Street)
An ordinance amending the zoning of property located at 289 North Almond Street as
established by a development agreement entered into by the city and a prior property owner and
closing a portion of West Temple Street at its intersection with 300 North Street to facilitate
development that is more suitable for the subject property pursuant to Petition Nos.
PLNPCM2013-00920 and PLNPCM2014-00001.
WHEREAS,the applicant,Almond Street Properties,LLC("Applicant")owns property
located at 289 North Almond Street(Tax Id Nos.08-36-440-008 and 08-36-432-017)(the
"Property");and
WHEREAS,a prior owner of the Property and the city entered into a development
agreement(the"Agreement")dated May 5, 1997 following litigation between the prior owner
and city concerning the zoning of the Property;and
WHEREAS,pursuant to the Agreement,the prior property owner agreed to limit
development of the Property to 34 units and provide 80 parking stalls;and
WHEREAS,the Applicant desires to modify the terms of the Agreement to reduce the
number of allowed units to 33 and modify the parking requirement to 60 internal parking stalls
and 10 on-street parking stalls(for a total of 70 available parking spaces)in order to facilitate
development that is more suitable for the Property;and
WHEREAS,the Applicant's proposal would meet the Property's zoning requirements but
for the restrictions placed by the Agreement;and
WI IEREAS,the Applicant's petition also seeks to amend the Agreement to modify
setback and grading requirements to allow more suitable development of the site due to
geographical constraints and irregular lot shapes on the Property;and
WHEREAS.the Applicant proposes to close a portion of West Temple Street at its
intersection with 300 North Street where it splits and forms two access points to/from 300 North
Street,which proposal would close one of the access points as a public right-of-way and convert
that closed right-of-way to on-street parking;and
WHEREAS,the Salt bake City Planning Commission held a public hearing on February
12,2014 on Applicant's petitions to amend the development agreement(Petition No.
PLNPCM2013-00920)and to close a portion of West Temple Street at its intersection with 300
North Street(Petition No.PLNPCM2014-00001)to eliminate a redundant access point and
accommodate on-street parking;and
WHEREAS,at its February 12,2014 meeting,the planning commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council on Applicant's petition with
certain conditions;and
WHEREAS,after a public hearing on this matter the city council has 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 1997 Development Agreement. That the Development
Agreement between the Applicant's predecessor and the city dated May 5,1997,which
Agreement governs the land use of the Property,shall be and hereby is amended by way of
addendum,which shall address the following:
2
a. That the number of units allowed on the property shall be reduced from thirty-four(34)to
thirty-three(33),
b. That the parking requirement shall be modified from eighty(80)required stalls to sixty
(60)required internal parking stalls and ten(10)on-street parking stalls;
c. That the Agreement be modified to allow a minimum setback along West Temple Street
of 17.5 feet and a minimum setback of 20 feet along Almond Street as shown on Exhibit"A",
attached hereto;and
d. That the Agreement he modified to allow grading in excess of the four feet(4')limit in
order to accommodate site-specific geographical constraints.
An addendum to the Agreement,executed by the mayor or his designee and the Applicant,
shall be recorded against the property by filing it with the Salt Lake County Recorder.
SECTION 2. Closing a portion of West Temple Street at its intersection with 300 North
Street. That the eastern portion of a split section of West Temple Street located immediately
south of 300 North Street,which is the subject of Petition No.PLNPCM2014-00001,and which
is more particularly described on Exhibit"I3"attached hereto,hereby is,closed to vehicular
access and declared not presently necessary or available for use as a public street,subject to the
conditions set forth in Section 3 herein.
SECTION 3. Conditions. Approval of the Applicant's petitions is conditioned on the
following:
a. The portion of West Temple Street to be closed as described in Section 2 of this
ordinance shall be closed to vehicular traffic,but ownership of the closed portion of West
3
Temple Street shall be retained by the city and said portion of West Temple Street shall
remain open to the public for pedestrian use.
b. Compliance with all city department/division comments included in the Planning
Division staff report dated February 12,2014.
c. Applicant and its successor(s)shall be responsible for landscaping and maintaining the
closed portion of right-of-way described in Section 2 herein and the landscaped"island"
presently situated between the West Temple Street split at its southern intersection with
300 North Street in accordance with city standards,and shall be responsible for striping
and maintaining the designated on-street parking areas contemplated by the Agreement
as amended. This condition shall be included in the addendum to the Agreement
described in Section 2 above and shall be enforceable by that instrument.
d. The above-described partial closure 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 is also subject to any existing
rights-of-watt or easements of private third parties.
SECTION 4. Effective Date. This ordinance shall become effective on the date of its
first publication. The city recorder is instructed to not publish or record this ordinance until the
conditions identified above have been met,as certified by the city's planning director.
SECTION 5. Time. If the conditions set forth herein are not satisfied within one year
from the adoption of this ordinance,it shall become null and void.
4
Passed by the City Council of Salt Lake City, tth,this__20 day of May
2014.
t-1-AIR .ON
ATTEST AND COUNTERSIGN:
-CITY RECORDER
Transmitted to Mai or on May 20, 201h •
Mayor's Action: .,A Approved. Vetoed.
4 ---
CITY RECORDER �� w�!%C_
(SEAL) t��� �� .A., °s.4
Bill No. 22 of 2014. nii,k /,
Published: May 16, 2015 • \OkFo T..E- vMOVED VS10 FORM
sin ,, .-a-o ,a mu k]Spc, ,, �,, RA Saul ake CA)Au t,Office
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5
EXHIBIT "A"
Site Plan
SITE SUMMARY /
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' PARKING SUMMARY
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NIS UNIT GEE ER ORD NANC E.0 DNANCF OI RECOGn ZED4 0 DINANCE � "'`"
5 2 BD Rom 10W6460mF3 IO IOIOARAGEI m(DRIVEWnn 1�
3EDR261032N1-13rnES 8 8(GARAGE' bSDR VFWATT V 82
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EXHIBIT "B"
Legal Description and Map
Street Closure at 300 North and West Temple Streets
Beginning at the Northwest Corner of Lot 8, Block 6, Plat E, Salt Lake City Survey; thence
SO°01'57"E along the west line of Block 6 for 131.27 feet to a point on a curve, this curve has a
chord bearing and distance of N33°39'15"W for 96.93 feet; thence along said curve to the left
in a northwest direction of 102.72 feet and having a radius of 87.53 feet to the top back of curb
of an island, this point is also a point of curve, this curve has a chord bearing and distance of
N56°07'20"E for 23.69 feet; thence along said curve to the left following the top back of curb in
a northeast direction of 28.03 feet and having radius of 14.19 feet to a point of tangency;
thence NO°28'47"W following the top back curb for 34.08 feet to a point of curve; thence along
said curve to the left following the top back of curb for 26.53 feet with a radius of 15.11 feet,
chord bearing N50°47'11"W and distance 23.25 feet, this point is also a point on a curve with a
chord bearing and distance of N84°26'40"E for 55.23 feet; thence along said curve to the right
55.32 feet with a radius of 286.16 feet to a point of tangency; thence N89°58'56"E 12.39 feet;
thence 542°02'15"W 22.54 feet to the point of beginning, containing 3692.70 square feet more
or less.
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CINDI L.MANSELL ""`it -a_ugyi�`��'1�*✓�I='- t RALPH BECKER
CITY RECORDER MAYOR
City Recorder
CERTIFICATION
STATE OF UTAH,
City and County of Salt Lake,
I, Scott C. Crandall, Deputy City Recorder of Salt Lake City, Utah, do hereby
certify that this document is a full, true and correct copy of Ordinance 22 of 2014
amending the zoning of property located at 289 North Almond Street as established by a
development agreement entered into by the City and a prior property owner and closing
a portion of West Temple Street at its intersection with 300 North Street to facilitate
development that is more suitable for the subject property pursuant to Petition Nos.
PLNPCM2013-00920 and PLNPCM2014-00001.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of
said City, this 19th day of May, 2015.
�„..w!\fi*�1
t gij. .
D2oprillhi_ % De ty City Recorder, Salt Lake City, Utah
..4ii7:1� CI. ; .
1
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 14-1
P 14-6
SALT LAKE CITY ORDINANCE
No. 22 Of 2014
(Amending the zoning of property located at 289 North Almond Street
and closing a portion of West Temple Street)
An ordinance amending the zoning of property located at 289 North Almond Street as
established by a development agreement entered into by the city and a prior property owner and
closing a portion of West Temple Street at its intersection with 300 North Street to facilitate
development that is more suitable for the subject property pursuant to Petition Nos.
PLNPCM2013-00920 and PLNPCM2014-00001.
WHEREAS,the applicant,Almond Street Properties,I,I,C("Applicant")owns property
located at 289 North Almond Street(Tax Id Nos.08-36-440-008 and 08-36-432-017)(the
"Property");and
WI IEREAS,a prior owner of the Property and the city entered into a development
agreement(the"Agreement')dated May 5, 1997 following litigation between the prior owner
and city concerning the zoning of the Property;and
WHEREAS,pursuant to the Agreement,the prior property owner agreed to limit
development of the Property to 34 units and provide 80 parking stalls;and
WHEREAS,the Applicant desires to modify the terms of the Agreement to reduce the
number of allowed units to 33 and modify the parking requirement to 60 internal parking stalls
and 10 on-street parking stalls(for a total of 70 available parking spaces)in order to facilitate
development that is more suitable for the Property;and
WI IERI:AS,the Applicant's proposal would meet the Property's zoning requirements but
for the restrictions placed by the Agreement:and
WHEREAS, the Applicant's petition also seeks to amend the Agreement to modify
setback and grading requirements to allow more suitable development of the site due to
geographical constraints and irregular lot shapes on the Property; and
WHEREAS, the Applicant proposes to close a portion of West Temple Street at its
intersection with 300 North Street where it splits and forms two access points to/from 300 North
Street, which proposal would close one of the access points as a public right-of-way and convert
that closed right-of-way to on-street parking; and
WHEREAS, the Salt Lake City Planning Commission held a public hearing on February
12, 2014 on Applicant's petitions to amend the development agreement (Petition No.
PLNPCM2013-00920) and to close a portion of West Temple Street at its intersection with 300
North Street (Petition No. PLNPCM2014-00001) to eliminate a redundant access point and
accommodate on-street parking; and
WHEREAS, at its February 12, 2014 meeting, the planning commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council on Applicant's petition with
certain conditions; and
WHEREAS, after a public hearing on this matter the city council has 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 1997 Development Agreement. That the Development
Agreement between the Applicant's predecessor and the city dated May 5, 1997, which
Agreement governs the land use of the Property, shall be and hereby is amended by way of
addendum, which shall address the following:
2
a. That the number of units allowed on the property shall be reduced from thirty-four (34) to
thirty-three (33);
b. That the parking requirement shall be modified from eighty (80) required stalls to sixty
(60) required internal parking stalls and ten (10) on-street parking stalls;
c. That the Agreement be modified to allow a minimum setback along West Temple Street
of 17.5 feet and a minimum setback of 20 feet along Almond Street as shown on Exhibit "A",
attached hereto; and
d. That the Agreement be modified to allow grading in excess of the four feet (4') limit in
order to accommodate site-specific geographical constraints.
An addendum to the Agreement, executed by the mayor or his designee and the Applicant,
shall be recorded against the property by filing it with the Salt Lake County Recorder.
SECTION 2. Closing a portion of West Temple Street at its intersection with 300 North
Street. That the eastern portion of a split section of West Temple Street located immediately
south of 300 North Street, which is the subject of Petition No. PLNPCM2014-00001, and which
is more particularly described on Exhibit "B" attached hereto, hereby is, closed to vehicular
access and declared not presently necessary or available for use as a public street, subject to the
conditions set forth in Section 3 herein.
SECTION 3. Conditions. Approval of the Applicant's petitions is conditioned on the
following:
a. The portion of West Temple Street to be closed as described in Section 2 of this
ordinance shall be closed to vehicular traffic, but ownership of the closed portion of West
3
Temple Street shall be retained by the city and said portion of West Temple Street shall
remain open to the public for pedestrian use.
b. Compliance with all city department/division comments included in the Planning
Division staff report dated February 12, 2014.
c. Applicant and its successor(s) shall be responsible for landscaping and maintaining the
closed portion of right-of-way described in Section 2 herein and the landscaped "island"
presently situated between the West Temple Street split at its southern intersection with
30o North Street in accordance with city standards, and shall be responsible for striping
and maintaining the designated on-street parking areas contemplated by the Agreement
as amended. This condition shall be included in the addendum to the Agreement
described in Section 2 above and shall be enforceable by that instrument.
d. The above-described partial closure 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 is also subject to any existing
rights-of-way or easements of private third parties.
SECTION 4. Effective Date. This ordinance shall become effective on the date of its
first publication. The city recorder is instructed to not publish or record this ordinance until the
conditions identified above have been met, as certified by the city's planning director.
SECTION 5. Time. If the conditions set forth herein are not satisfied within one year
from the adoption of this ordinance, it shall become null and void.
4
•
Passed by the City Council of Salt Lake City, h,this 20 day of May
2014.
I ON
ATTEST AND COUNTERSIGN:
c---;417 ir)
C•
`CITY RECORDER
Transmitted to Mayor on May 20, 2014 •
Mayor's Action: X Approved. Vetoed.
9Y2
CITY RECORDER
CITto
y *h
c: r✓
(SEAL) ./yt �yt0
Bill No. 22 of 2014. . nOc;ilow
:�
Published: may 16, 2015 • 2ht ' APPROVED AS TO FORM
HB ATTY-el6TYbv2-Ordin ece amendiny_Aimond_smn deg aareemenc_..t.:Rp. SAP A't -: Salt Lake City Attorney's Office
Date: MIS1 (0 (�yt
By.Pau .Nielson, nilr Coy Attorney
5
EXHIBIT "A"
Site Plan
•
SITE SUMMARY Oic
ACRES=1.39 I UN05(ACRE=23.21 I BID COVERAGE=43.9% /
PRASE ANUS TYPE 511E50 FT COVERAGE : :: • Think
5 2BORM TOwNNOMES 3.982
2 1 30DRM IOWNNOMES 4680 %
/ it': Architecture
3 B STUDIO CONDOMINIUMS 9.916(tAtd 01 condos) /- `#'a �I *c.v.
IS 2 BERM CONDOMIMUMS /' IR ilea.,
EXISTING a IOw109515 ).933 /:A ,.11 P ,oLod Pang
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33 MIA(UNI6 26.511 St/061 area ,
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1 1. s7//11,�A PARKING SUMMARY REOURED PAR MG PROwDED PARKING PROV DEO PARK NG g.\ \ '40 X,, / B UNITS UNIT TYPE PER ORDINANCE PER ORDINANCE NOT RECOGMZED BY ORDINANCE RO I-0 (rip
_ _ DAif. 21 UN.Dl1
\ V .,./ / 5 2 BD ROM TOWNMOMES 10 10[GARAGE) IDIDRIVEWAYI
\ `�� 4 3BD RM TOWNIAMES 8 8(GARAGE) 8(DRMEwAYI N
'\ I_/ I 8 STUDR3CONDOS 8 9!PARKING GAR.( 8
�i 1 12 2BD RN CONDOS 21 25(PARKING GARJ O
\ ,\. / 10'OFF STREET]
'\ 1• 1 EK6IMCGTOWMMOMFS 8 8(GARAGE) BIORIVEWAYI b
e
'\ i 33 30TAI UWE 58 20IOTA.VALLS 26(DRIVEWAY VAIIS) STR U
\ / .w aim.e..n.....,.�....a..,...e,ew�ro..+.,..wd,e.e.e.•em.w+ec 3 PI
SITE PLAN G elX11.491 A 100
3
O
EXHIBIT "B"
Legal Description and Map
Street Closure at 300 North and West Temple Streets
Beginning at the Northwest Corner of Lot 8, Block 6, Plat E, Salt Lake City Survey; thence
SO°01'57"E along the west line of Block 6 for 131.27 feet to a point on a curve, this curve has a
chord bearing and distance of N33°39'15"W for 96.93 feet; thence along said curve to the left
in a northwest direction of 102.72 feet and having a radius of 87.53 feet to the top back of curb
of an island, this point is also a point of curve, this curve has a chord bearing and distance of
N56°07'20"E for 23.69 feet; thence along said curve to the left following the top back of curb in
a northeast direction of 28.03 feet and having radius of 14.19 feet to a point of tangency;
thence NO°28'47"W following the top back curb for 34.08 feet to a point of curve; thence along
said curve to the left following the top back of curb for 26.53 feet with a radius of 15.11 feet,
this point is also a point on a curve with a chord bearing and distance of N84°26'40"E for 55.23
feet; thence along said curve to the right 55.32 feet with a radius of 286.16 feet to a point of
tangency; thence N89°58'56"E 12.39 feet; thence S42°02'15"W 22.54 feet to the point of
beginning, containing 3692.70 square feet more or less.
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