057 of 2002 - rezoning property located at 1146 South 900 East 0 02-1
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GARY WOtt
SALT LAKE CITY ORDINANCE RE.CO�RD.ER, `SALT r AKE COUNTY, UTAH
No. 57 of 2002 BY: Zia DEPUTY - WI 5 r,
(Rezoning property located at 1146 South 900 East)
AN ORDINANCE REZONING PROPERTY LOCATED AT 1146 SOUTH 900
EAST FROM RESIDENTIAL (R-1-5000) TO INSTITUTIONAL (I),PURSUANT TO
PETITION NO. 400-01-44.
WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings
before its own body and before the Planning Commission, and has taken into
consideration citizen testimony, filing, and demographic details of the area, long range
general plans of the City, and any local master plan as part of its deliberations. Pursuant
to those deliberations, the City Council has concluded that the proposed change of zoning
for the property located at 1146 South 900 East 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 property located at 1146 South 900 East, which is
more particularly described on Exhibit"A" attached hereto, shall be and hereby is
rezoned from residential (R-1-5000) to institutional (I).
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. Amendment of master plan. To the extent necessary, the Central
Community Master Plan, as previously approved by the Salt Lake City Council, shall be
and hereby is amended consistent with rezoning identified above.
SECTION 4. Conditions. The rezoning identified herein shall be subject to the
following conditions:
a. The property owner shall submit and obtain approval of a final site plan by
the City's Development Review Team regarding traffic and circulation design, and
impacts on adjacent properties.
b. The property owner shall execute and record a voluntary restrictive
covenant against the property with the Salt Lake County Recorder. The form of the
restrictive covenant shall be reviewed and approved by the Salt Lake City Planning
Director.
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 publish or record this ordinance until the conditions
identified above have been met, and certified by the Salt Lake City Planning Director.
SECTION 6. Time. If the conditions identified above have 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, by resolution, for good cause shown, extend the time period
for satisfying the conditions identified above.
Passed by the City Council of Salt Lake City, Utah, this 3 day of
rJ�CM h I , 2002.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
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CHTF.F DEPUTY CIT RECO_ ER 't.. rG�,
Transmitted to Mayor on 1 13 /CZ...._
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Mayor's Action: xt Approved. Vetoed. -r;= _. }:
•
OR
./(4/11#0-1r4-. CA7.--e-e/ke*
CHI h.F DEPUTY CITY RECORDER
(SEAL)
Bill No. 57 of 2002.
Published: „2-,23-Oy
G:\Ordinance 02\Rezoning property at 1146 S 900 E-June 5,2002.doc
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Exhibit A
Primary Property
Parcel Number: 16-08-327-027
Description: Lots 39 thru 46, Block 5, East Park Subdivision
Accessory Property
Parcel Number: 16-08-327-026
Description: Lot 1, Block 5, East Park Subdivision
4 +'
• S6' 1#q`q' 9 A\ °'CITY COR O°)e I.01
ROCKY J. FLUHART _,1 :� --� "� ROSS C. "ROCKY" ANDERSON
CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF MANAGEMENT SERVICES MAYOR
CITY RECORDER
STATE OF UTAH,
City and County of Salt Lake,
I, Christine Meeker, Chief Deputy City Recorder of Salt Lake City, Utah, do
hereby certify that the attached document is a full, and correct and true copy of
Ordinance 13 of 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City, this 19th day of February, 2004.
CAA;Trt:IA-40
Deputy City Recorder, Salt Lake City, Utah
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451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH B41 11
TELEPHONE: B01-535-7671 FAX: B01-535-76E11
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0 02-1
P 02-10
SALT LAKE CITY ORDINANCE
No. 57 of 2002
(Rezoning property located at 1146 South 900 East)
AN ORDINANCE REZONING PROPERTY LOCATED AT 1146 SOUTH 900
EAST FROM RESIDENTIAL (R-1-5000) TO INSTITUTIONAL(I), PURSUANT TO
PETITION NO. 400-01-44.
WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings
before its own body and before the Planning Commission, and has taken into
consideration citizen testimony, filing, and demographic details of the area, long range
general plans of the City, and any local master plan as part of its deliberations. Pursuant
to those deliberations, the City Council has concluded that the proposed change of zoning
for the property located at 1146 South 900 East 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 property located at 1146 South 900 East, which is
more particularly described on Exhibit"A" attached hereto, shall be and hereby is
rezoned from residential (R-1-5000) to institutional (I).
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. Amendment of master plan. To the extent necessary, the Central
Community Master Plan, as previously approved by the Salt Lake City Council, shall be
and hereby is amended consistent with rezoning identified above.
SECTION 4. Conditions. The rezoning identified herein shall be subject to the
following conditions:
a. The property owner shall submit and obtain approval of a final site plan by
the City's Development Review Team regarding traffic and circulation design, and
impacts on adjacent properties.
b. The property owner shall execute and record a voluntary restrictive
covenant against the property with the Salt Lake County Recorder. The form of the
restrictive covenant shall be reviewed and approved by the Salt Lake City Planning
Director.
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 publish or record this ordinance until the conditions
identified above have been met, and certified by the Salt Lake City Planning Director.
SECTION 6. Time. If the conditions identified above have 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, by resolution, for good cause shown, extend the time period
for satisfying the conditions identified above.
Passed by the City Council of Salt Lake City, Utah, this 3 day of
Ile h'i , 2002.
cii-4...„,/
CHAIRPERSON
•
ATTEST AND COUNTERSIGN:
CHIEF DEPUTY CIT RECO_ ER .;''` rEi4't,�
Transmitted to Mayor on q 1 3 /oz_ * .NII II y `rt`t�O� r rr
iv>
Mayor's Action: k Approved. Vetoed. Y;
OR
afrOV,,,o0
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. 5 of 2002.
Published: 2125)c .
G:\Ordinance 02\Rezoning property at 1146 S 900 E-June 5,2002.doc
lip7 ,1 t t
Exhibit A
Primary Property
Parcel Number: 16-08-327-027
Description: Lots 39 thru 46, Block 5, East Park Subdivision
Accessory Property
Parcel Number: 16-08-327-026
Description: Lot 1, Block 5,East Park Subdivision
WHEN RECORDED RETURN TO:
Salt Lake City Corporation
Attn:Planning Director
451 South State Street,Room 406
Salt Lake City,UT 84111
DECLARATION OF COVENANTS,CONDITIONS
& RESTRICTIONS FOR
THE REALMS OF INQUIRY PROPERTIES
LOCATED AT 1146 SOUTH 900 EAST STREET
SALT LAKE CITY,UTAH
This Declaration is made this day of ,2002,by Realms of Inquiry,
hereinafter referred to as Declarant,in favor of Salt Lake City Corporation.
RECITALS
A. Declarant is the owner of the real properties more particularly described on Exhibit
"A"attached hereto(referred to as the"Primary Property"and the"Accessory Property")located
in Salt Lake City,Salt Lake County,Utah.
B. Declarant is desirous to obtain greater flexibility in the use of the Accessory
Property than is allowed under current zoning,but is also desirous to do so in a manner that will
protect and preserve the character of the neighboring residential properties and in a manner that
will not adversely impact neighboring residential properties.
C. Declarant hereby declares that the Accessory Property shall be improved,
maintained,occupied,held,sold,conveyed,leased and used subject to the covenants and
restrictions set forth in this Declaration,which are deemed to be covenants running with the land
benefiting and burdening each parcel of the Primary and Accessory Properties.
D. It is the Declarant's intention in imposing these covenants and restrictions to limit
the use of the Accessory Property,and to limit the expansion of any institutional activities onto
adjacent residential properties,for its own benefit and for the greater good of all residents of Salt
Lake City,and to promote and preserve the compatibility of the use of the Primary and Accessory
Properties with the existing uses of other properties in that neighborhood. To further that intent,
the covenants and restrictions shall be binding upon the Declarant,its successors,assigns,heirs
and lien holders,and maybe enforced by the Declarant,any subsequent owner of the Properties
and Salt Lake City Corporation.
E. Declarant has executed this Declaration voluntarily and without coercion or
duress.
ARTICLE I
USE RESTRICTIONS
Declarant covenants that, regardless of what uses may be allowed under applicable
zoning, the Accessory Property shall not be used for any institutional purpose other than as an
accessory use to the Primary Property. Subject to this general restriction, and any other
restrictions imposed by applicable zoning, the following are permitted uses of the Accessory
Property:
1. Compatible residential uses;
2. Private school;
3. School grounds, outdoor classrooms, accessory school structures or functions;
and/or
4. Landscaping.
No other institutional or commercial activity will be conducted on the Accessory Property. Any
proposed use of the Accessory Property is subject to review and approval by the Salt Lake City
Planning Director.
No activity of any kind shall be conducted on the Primary or Accessory Properties which
is offensive,noxious, or detrimental to the use of the land in the vicinity of the Properties for
private residences, nor shall the Properties be used for any purposes that, as a matter of common
experience, tend to create a nuisance.
Regardless of what other uses are conducted on the Accessory Property, Declarant agrees
that it will install and maintain landscaping on the Accessory Property as approved by the Salt
Lake City Planning Director.
ARTICLE II
GENERAL PROVISIONS
Condition Precedent to Validity. Declarant has or will petition Salt Lake City to amend
the zoning map for the Accessory Property from a Residential (R-1-5000) to an Institutional (I)
classification (the "Petition"). The validity and enforceability of this Declaration are expressly
conditioned on approval of the Petition by Salt Lake City. Declarant understands that approval
of the Petition will be conditioned upon the recording of this Declaration and upon the
compliance with the obligations described herein. If the Petition is denied, this Declaration shall
be of no force or effect.
2
.
Enforcement. Declarant, any subsequent owner and Salt Lake City Corporation shall
have the right to enforce, by any proceeding in law or in equity, all covenants and restrictions
now or hereafter imposed by the provisions of this Declaration. If Declarant or its successors or
assigns violates the terms of this Declaration, which violation is not promptly cured, Salt Lake
City shall be entitled to rezone the Accessory Property. In the event of such a rezoning,
Declarant, and its successors or assigns,agrees that it will not contest or oppose the proposed
rezoning, and agrees that it will not be entitled to claim any damages or non-conforming use
rights with respect to the Accessory Property. Notwithstanding the foregoing, Declarant shall
retain the right to contest the existence of any alleged violation of this Declaration which shall be
determined by the Salt Lake City Planning Commission. Failure to enforce any covenant or
restriction shall in no event be deemed a waiver of the right to do so at a later date.
Amendments. The covenants and restrictions of this Declaration may be amended by
duly recording an instrument executed and acknowledged by the owners of the Primary and
Accessory Properties and Salt Lake City Corporation.
Duration. The covenants and restrictions of this Declaration shall run with and bind the
land, and shall inure to the benefit of and be enforceable by the Declarant, any subsequent owner
and Salt Lake City Corporation for a period of fifty(50)years from the date of this Declaration.
At the end of the fifty-year period, all owners of the Primary and Accessory Properties and Salt
Lake City Corporation shall review the covenants and restrictions in light of conditions existing
at that time, and determine whether and for how long the covenants and restrictions shall remain
in effect.
Cessation of Use. If the Accessory property is no longer used as a private school,
Declarant, and any subsequent owner of the Primary or Accessory properties, shall not protest
any action by Salt Lake City Corporation to rezone the Accessory Property to residential use, and
Salt Lake City Corporation retains the authority to rezone and require re-platting of the Primary
and Accessory Properties by adjusting the property line to accommodate a complying interior
side yard for the Primary and Accessory Properties in an amount sufficient to meet the minimum
sideyard requirements in effect at that time.
Zoning. Declarant acknowledges that Salt Lake City retains sole authority as to the
zoning of property within the City. Nothing in this Agreement shall be construed to obligate the
City to rezone the Accessory Property. Regardless of whether or not the Accessory Property is
rezoned, nothing in this Agreement shall be construed to prohibit the City from rezoning the
Primary or Accessory Properties at any time.
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DATED: ,2002.
OWNER:
REALMS OF INQUIRY
By:
Title:
STATE OF UTAII
:ss.
County of Salt Lake
On the day of ,2002,personally appeared before me
,the of Realms of Inquiry,who duly acknowledged to
me that he is authorized to execute the same on behalf of Realms of Inquiry.
NOTARY PUBLIC
Residing in Salt Lake County,Utah
My Commission Expires:
G-7-ot —
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G:1PL9984\Realms of Inquiry-June 7,2002.doc
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