059 of 2006 - rezoning property at 100 South 900 East from RMF-35 to RMF-45 & amending the Central Community Maste . 17 Up-/3 103_98a 2
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• •• Book - 9505 P9 - 915E -16
G aR`"( W. OTT
RECORDER, SALT LAKE COUNTY, UTAH
L CITY REi ORDER
SALTI LAKE S ITY ORDIN of 20ANCE y:�1,1, r:EF!1T;' - WIr, ',
(Rezoning Property Generally Located at 100 South 900 East and Amending the Central
Community Master Plan)
REZONING PROPERTY GENERALLY LOCATED AT 100 SOUTH 900 EAST
FROM MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT (RMF-35) TO
MODERATE/HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT (RMF-45), AND
AMENDING THE CENTRAL COMMUNITY MASTER PLAN, PURSUANT TO PETITION
NO. 400-05-43.
WHEREAS, the Planning Commission and the City Council of Salt Lake City, Utah,
have held public hearings and have taken into consideration 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. Pursuant to these deliberations, the City Council has
concluded that the proposed amendments to the Master Plan and change of zoning for the
property generally located at 100 South 900 East is appropriate for the development of the
community in that area and in the best interest of the city.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. REZONING OF PROPERTY. The property generally located at 100 South
900 East, which is more particularly described on Exhibit A attached hereto, shall be and hereby
are rezoned from moderate density multi-family district (RMF-35) to moderate/high density
multi-family district(RMF-45).
SECTION 2. AMENDMENT TO ZONING MAP. The Salt Lake City Zoning Map,
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 of property identified above.
SECTION 3. AMENDMENT OF MASTER PLAN. The Central Community Master
Plan, as previously adopted by the Salt Lake City Council, shall be, and hereby is amended
consistent with the rezoning set forth herein.
SECTION 4. CONDITIONS. This Ordinance is conditioned upon the execution of a
Development Agreement substantially in the form attached hereto as Exhibit B.
SECTION 5. EFFECTIVE DATE. The City Recorder is instructed not to publish or
record this Ordinance until the City's Director of Community Development has identified that
the conditions set forth therein have been satisfied. If the conditions set forth herein have not
been satisfied within one year after adoption, this Ordinance shall become null and void.
SECTION 6. TIME. The City Council may, by resolution, for good cause shown,
extend the deadlines set forth herein.
Passed by the City Council of Salt Lake City, Utah is 8 day of Augus
2006.
CHAIRPERSON
TT�ST:
1
CHIEF DEPUTY TY RE ORDER
Transmitted to Mayor on August 8, 2006
Mayor's Action: X- Approved. Vetoed.
C CC..„t„k7
YOR
Salt APPROVED AS TO FORM
g City ttorney's Office 2
Date _ b
By
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HIEF DEPUTY C Y CO ER
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(SEAL) • y , r_{0E,1 'k11r;' f�:
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Bill No. 59 of 2006. E '
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Published: -
1:\Ordinance 06\Rezoning 100 South 900 East-03-21-06 draft.doc
3
Attachment A
PARCEL A (58 SOUTH 900 EAST):
PARCEL 1:
BEGINNING 4 FEET NORTH FROM THE SOUTHEAST CORNER OF LOT 8, BLOCK 58, PLAT "B",
SALT LAKE CITY SURVEY;AND RUNNING THENCE NORTH 37.25 FEET THENCE WEST 330
FEET;THENCE SOUTH 37.25 FEET; THENCE EAST 330 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
BEGINNING 119,75 FEET SOUTH FROM THE NORTHEAST CORNER OF LOT 8, BLOCK 58,PLAT
"B", SALT LAKE CITY SURVEY; AND RUNNING THENCE SOUTH 4 FEET; THENCE WEST 330
FEET; THENCE NORTH 4 FEET; THENCE EAST 330 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPTING FROM PARCEL 1 AND 2 THE FOLLOWING DESCRIPTION:
PART OF LOT 8, BLOCK 58, PLAT "B", SALT LAKE CITY SURVEY AND BEING LOCATED IN
THE NORTHWEST QUARTER OF SECTION 5,TOWNSHIP I SOUTH, RANGE 1 EAST, SALT
LAKE BASE AND MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 169.00 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 1, SAID
BLOCK 58, PLAT"B" AND RUNNING THENCE NORTH 41.25 FEET: THENCE EAST 107.25 FEET;
THENCE SOUTH 41.25 FEET; THENCE WEST 107.25 FEET TO THE POINT OF BEGINNING.
PARCEL B(70 SOUTH 900 EAST):
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 58, PLAT"B", SALT LAKE CITY
SURVEY, SAID POINT OF BEGINNING BEING SOUTH 89°58'22" WEST 64.35 FEET AND NORTH
00°01'05" WEST 63.58 FEET FROM THE MONUMENT AT THE INTERSECTION OF 900 EAST AND
100 SOUTH STREETS;RUNNING THENCE SOUTH 89°58'28" WEST 165.0 FEET; THENCE NORTH
00°01'02" WEST 169.0 FEET; THENCE NORTH 89°58'28" EAST 165.0 FEET; THENCE SOUTH
00°01'02" EAST 169.0 FEET TO THE POINT OF BEGINNING.
PARCEL C(857 EAST 100 SOUTH):
COMMENCING 10 RODS (165 FEET)WEST OF THE SOUTHEAST CORNER OF LOT 1,BLOCK 58,
PLAT"B", SALT LAKE CITY SURVEY; AND RUNNING THENCE NORTH 10 RODS (165 FEET);
THENCE WEST 3 1/2 RODS (57.75 FEET); THENCE SOUTH 10 RODS (165 FEET); THENCE EAST 3
1/2 RODS (57.75)TO THE PLACE OF BEGINNING.
RIGHT OF WAY EASEMENT OVER PARCEL C(S.L. COUNTY ENTRY NO. 2563412, BK. 3400,PG.
129; RECORDED AUGUST 22, 1973, 1N FAVOR OF MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY,A COLORADO CORPORATION):
A SIX FOOT(6')EASEMENT, 3 FEET EITHER SIDE OF A BURIED TELEPHONE CABLE ACROSS
THE FOLLOWING DESCRIBED PROPERTY: COMMENCING 6 1/2 RODS(107.25 FEET)EAST OF
THE SOUTHWEST CORNER OF LOT 1,BLOCK 58,PLAT"B", SALT LAKE CITY SURVEY;
THENCE EAST 3 1/2 RODS (57.75 FEET);NORTH 10 RODS(165 FEET); WEST 3 1/2 RODS (57.75
FEET); SOUTH 10 RODS (165 FEET)TO THE BEGINNING.
PARCEL D(865 EAST 100 SOUTH):
BEGINNING 169 FEET NORTH AND 165 FEET WEST OF THE SOUTHEAST CORNER OF LOT 1,
BLOCK 58,PLAT"B", SALT LAKE CITY SURVEY;THENCE SOUTH 4 FEET; THENCE WEST
57.75 FEET;THENCE NORTH 4 FEET;THENCE EAST 57.75 FEET TO THE POINT OF
BEGINNING.
,: L M'd Y. —4;NA `it*. B*** tiOttr=Niflii a a 1. 1111.001A W flY`u&Y""+A'` $1Y'"'a+C"'tYt 9, Af'a 5w't' K* i' Y.".A,
•
•
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Sidwell Numbers: 16-05-126-051, 16-05-126-040, 16-05-126-045, 16-05-
126-063
Approximately 1.07 Acres
•
ALAI; . .\ a�(I CO, OR IO I
LYN L. CRESWELL .... .� .ro .s 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, Ordinance 59 of 2006, Rezoning
property generally located at 100 South 900 East and amending the Central
Community Master Plan is a true and correct copy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City, this 20th day of August, 2007
kioit J
hief eputy City ecorder, alt Lake City, Utah
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f =01101,1111 .
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RATE S�..V
451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH B41 1 1
TELEPHONE: 801-535-7671 FAX: 801-535-7681
LJRECVCLEC PAPER
•• 0 06-1
P 06-13
SALT LAKE CITY ORDINANCE
No. 54 of 2006
(Rezoning Property Generally Located at 100 South 900 East and Amending the Central
Community Master Plan)
REZONING PROPERTY GENERALLY LOCATED AT 100 SOUTH 900 EAST
FROM MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT (RMF-35) TO
MODERATE/HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT (RMF-45), AND
AMENDING THE CENTRAL COMMUNITY MASTER PLAN, PURSUANT TO PETITION
NO. 400-05-43.
WHEREAS, the Planning Commission and the City Council of Salt Lake City, Utah,
have held public hearings and have taken into consideration 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. Pursuant to these deliberations, the City Council has
concluded that the proposed amendments to the Master Plan and change of zoning for the
property generally located at 100 South 900 East is appropriate for the development of the
community in that area and in the best interest of the city.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. REZONING OF PROPERTY. The property generally located at 100 South
900 East, which is more particularly described on Exhibit A attached hereto, shall be and hereby
are rezoned from moderate density multi-family district(RMF-35) to moderate/high density
multi-family district (RMF-45).
SECTION 2. AMENDMENT TO ZONING MAP. The Salt Lake City Zoning Map,
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 of property identified above.
SECTION 3. AMENDMENT OF MASTER PLAN. The Central Community Master
Plan, as previously adopted by the Salt Lake City Council, shall be, and hereby is amended
consistent with the rezoning set forth herein.
SECTION 4. CONDITIONS. This Ordinance is conditioned upon the execution of a
Development Agreement substantially in the form attached hereto as Exhibit B.
SECTION 5. EFFECTIVE DATE. The City Recorder is instructed not to publish or
record this Ordinance until the City's Director of Community Development has identified that
the conditions set forth therein have been satisfied. If the conditions set forth herein have not
been satisfied within one year after adoption, this Ordinance shall become null and void.
SECTION 6. TIME. The City Council may, by resolution, for good cause shown,
extend the deadlines set forth herein.
Passed by the City Council of Salt Lake City, Utah ' 8 day of Augus
2006.
CHAIRPERSON
T ST:
CHIEF DEPUTY TY RE ORDER
Transmitted to Mayor on August 8, 2006
Mayor's Action: X- Approved. Vetoed.
Cc2R
YOR
APPROVED AS TO FORM
Salt Lake City Attorney's Office 2
Date g- _ 0‘,
By
•
HIEF DEPUTY C Y CO ER
):3;,-.•
(SEAL) ;
}� ,r�: Sri. • i.
crrt-
5.
•
Bill No. 59 of 2006. Y ti. ''� y/y
Published: -24-07
1:\Ordinance 06\Rezoning 100 South 900 East-03-21-06 draft.doc
3
•
C
Attachment A
PARCEL A(58 SOUTH 900 EAST):
PARCEL 1:
BEGINNING 4 FEET NORTH FROM THE SOUTHEAST CORNER OF LOT 8, BLOCK 58,PLAT"B",
SALT LAKE CITY SURVEY;AND RUNNING THENCE NORTH 37.25 FEET THENCE WEST 330
FEET; THENCE SOUTH 37.25 FEET;THENCE EAST 330 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
BEGINNING 119.75 FEET SOUTH FROM THE NORTHEAST CORNER OF LOT 8, BLOCK 58, PLAT
"B", SALT LAKE CITY SURVEY;AND RUNNING THENCE SOUTH 4 FEET; THENCE WEST 330
FEET; THENCE NORTH 4 FEET;THENCE EAST 330 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPTING FROM PARCEL 1 AND 2 THE FOLLOWING DESCRIPTION:
PART OF LOT 8, BLOCK 58, PLAT"B", SALT LAKE CITY SURVEY AND BEING LOCATED IN
THE NORTHWEST QUARTER OF SECTION 5,TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT
LAKE BASE AND MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 169.00 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 1, SAID
BLOCK 58, PLAT"B"AND RUNNING THENCE NORTH 41.25 FEET; THENCE EAST 107.25 FEET;
THENCE SOUTH 41.25 FEET;THENCE WEST 107.25 FEET TO THE POINT OF BEGINNING.
PARCEL B(70 SOUTH 900 EAST):
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 58, PLAT"B", SALT LAKE CITY
SURVEY, SAID POINT OF BEGINNING BEING SOUTH 89°58'22" WEST 64.35 FEET AND NORTH
00°01'05" WEST 63.58 FEET FROM THE MONUMENT AT THE INTERSECTION OF 900 EAST AND
100 SOUTH STREETS;RUNNING THENCE SOUTH 89°58'28" WEST 165.0 FEET; THENCE NORTH
00°01'02" WEST 169.0 FEET;THENCE NORTH 89°58'28"EAST 165.0 FEET; THENCE SOUTH
00°01'02" EAST 169.0 FEET TO THE POINT OF BEGINNING.
PARCEL C(857 EAST 100 SOUTH):
COMMENCING 10 RODS(165 FEET)WEST OF THE SOUTHEAST CORNER OF LOT 1, BLOCK 58,
PLAT"B", SALT LAKE CITY SURVEY; AND RUNNING THENCE NORTH 10 RODS(165 FEET);
THENCE WEST 3 1/2 RODS(57.75 FEET); THENCE SOUTH 10 RODS(165 FEET);THENCE EAST 3
1/2 RODS(57.75)TO THE PLACE OF BEGINNING.
RIGHT OF WAY EASEMENT OVER PARCEL C(S.L. COUNTY ENTRY NO. 2563412, BK. 3400,PG.
129; RECORDED AUGUST 22, 1973, IN FAVOR OF MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY,A COLORADO CORPORATION):
A SIX FOOT(6') EASEMENT,3 FEET EITHER SIDE OF A BURIED TELEPHONE CABLE ACROSS
THE FOLLOWING DESCRIBED PROPERTY: COMMENCING 6 1/2 RODS(107.25 FEET)EAST OF
THE SOUTHWEST CORNER OF LOT 1, BLOCK 58, PLAT"B", SALT LAKE CITY SURVEY;
THENCE EAST 3 1/2 RODS(57.75 FEET);NORTH 10 RODS(165 FEET); WEST 3 1/2 RODS(57.75
FEET); SOUTH 10 RODS(165 FEET)TO THE BEGINNING.
PARCEL D(865 EAST 100 SOUTH):
BEGINNING 169 FEET NORTH AND 165 FEET WEST OF THE SOUTHEAST CORNER OF LOT 1,
BLOCK 58, PLAT"B", SALT LAKE CITY SURVEY;THENCE SOUTH 4 FEET; THENCE WEST
57.75 FEET;THENCE NORTH 4 FEET;THENCE EAST 57.75 FEET TO THE POINT OF
BEGINNING.
� �. - �. .
Sidwell Numbers: 16-05-126-051, 16-05-126-040, 16-05-126-045, 16-05-
126-063
Approximately 1.07 Acres
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IDR FT414/06
When recorded return to:
Salt Lake City Corporation
Attn: Planning Director
451 South State Street
Salt Lake City, UT 84111
DEVELOPMENT AGREEMENT
(100 SOUTH 900 EAST, SALT LAKE CITY, UTAH)
This Development Agreement is entered into as of this day of August, 2006 by and
among ("Developer") as the owner and developer of
certain real property located in Salt Lake City, Utah, and SALT LAKE CITY CORPORATION,
a municipality and political subdivision of the State of Utah (the "City").
RECITALS
A. Developer is the owner of certain real property located at approximately 100 South
900 East in Salt Lake City, Utah, more particularly described on Exhibit A attached hereto and
incorporated herein by this reference (the "Property"), on which it proposes the development of a
multi-family residential project, as more fully described on the plans attached hereto as Exhibit B
(the "Project").
B. In order to construct the Project as proposed, Developer has requested that the
Property be rezoned from moderate density multi-family residential (RMF-35) to moderate/high
density multi-family residential (RMF-45).
C. Developer has also offered to modify the design of the Project in order to insure
greater compatibility with the local neighborhood, and to further promote the policies, goals and
objectives of the City.
D. The City, acting pursuant to its authority under Utah law, and in furtherance of its
land use policies, goals, objectives, ordinances, resolutions and regulations has made certain
determinations with respect to the proposed Project, and in the exercise of its legislative
discretion, has elected to approve this agreement.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
considerations as more fully set forth below, Developer and the City hereby agree as follows:
1. Construction of Project. In consideration of the City's rezoning of the Property to
RMF-45 as requested, Developer agrees to construct a multi-family residential building on the
Property consistent with the plans attached hereto as Exhibit B.
2. Design Modifications. Developer also agrees to the following restrictions on the
development of the Property, as more fully reflected on the revised plans:
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a. The exterior of the fourth floor of the building on the two sides fronting on 900
East and 100 South shall be set back an additional six (6) feet from the original façade of
the exterior as shown on the original plans and specifications for the building. The
exterior of the fourth floor shall thus be set in six (6) feet from the exterior of the first
through third floors of the building on all portions of the original exterior wall that were
to be flush with the exterior of the remainder of the building; and shall be set in twelve
(12) feet from the exterior of the first through third floors on all portions of the original
exterior wall that were to be set in six (6) feet from the exterior of the remainder of the
building.
b. The density shall be 43 units, reflecting a reduction from the 46 or 47 units
allowed under the RMF-45 zoning.
c. Developer will provide seventy-eight(78)parking stalls as required by City
zoning, together with an additional fifteen(15) guest or visitor parking stalls in the
building's underground parking facility, for a total of ninety-three (93)parking stalls.
Notwithstanding anything in this paragraph, in the event Developer is required to provide
additional handicapped-accessible parking or other concessions under the Americans
with Disabilities Act("ADA") or other applicable law, Developer shall be allowed to
reduce the number of guest or visitor parking stalls to facilitate compliance with the
provisions thereof.
2. Reserved Legislative Powers. Nothing in this agreement shall limit the future exercise
of the police power by the City in enacting zoning, subdivision, development, transportation,
environmental, open space and related land use plans,policies, ordinances and regulations after
the date of this agreement.
3. Subdivision Plat Approval And Compliance With City Design And Construction
Standards. Developer expressly acknowledges and agrees that nothing in this agreement shall be
deemed to relieve Developer from the obligation to comply with all applicable requirements of
the City necessary for approval of plans for the Project, including the payment of fees and
compliance with all other applicable ordinances, resolutions or regulations, policies and
procedures of the City.
4. Agreement To Run With The Land. This agreement shall be recorded against the
Property as described in Exhibit A attached hereto and shall be deemed to run with the land and
shall be binding on all successors and assigns of Developer in the ownership or development of
any portion of the Property.
5. Assignment. Neither this agreement nor any of the provisions, terms or conditions
hereof can be assigned to any other party, individual or entity without assigning the rights as well
as the responsibilities under this agreement and without the prior written consent of the City,
which shall not be unreasonably withheld. This requirement shall not apply to the sale of
previously approved and platted lots or condominium units within any phase of the Project.
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6. No Joint Venture, Partnership Or Third Party Rights. This agreement does not create
any joint venture,partnership, undertaking or business arrangement between the parties hereto,
nor any rights or benefits to third parties.
7. Integration. This agreement contains the entire agreement with respect to the subject
matter hereof and integrates all prior conversations, discussions or understandings of whatever
kind or nature and may only be modified by a subsequent writing duly executed by the parties
hereto.
8. Severability. If any part or provision of this agreement shall be determined to be
unconstitutional, invalid or unenforceable by a court of competent jurisdiction, then such a
decision shall not effect any other provision of this agreement except that specific provision
determined to be unconstitutional, invalid or unenforceable. If any condition, covenant or other
provision of this agreement shall be deemed invalid due to its scope or breadth, such provision
shall be deemed valid to the extent of this scope or breadth permitted by law.
9. Final Site Plan Approval. The Salt Lake City Planning Director shall have final
approval over the site plan for the Project, and all aspects related thereto.
10. Voluntary Agreement. This agreement is entered into voluntarily by all parties in an
effort to facilitate the development and construction of the proposed Project for the mutual
benefit of both parties, and no party is acting under coercion or duress of any kind.
11. Specific Performance. The parties acknowledge that in the event of a default of this
agreement, other remedies may be insufficient to provide full relief and therefore consent to the
imposition of an order of specific performance of the terms of this agreement, in addition to any
other relief which may be available by law or ordered by court of competent jurisdiction.
12. Effective Date. This agreement shall be binding and effective upon the date
executed by all parties hereto.
13. Counterparts. This agreement may be executed in any number of counterparts with
each executed counterpart constituting an original,but all of which together shall constitute one
and same instrument.
14. Notice. Any notice required or to be given to any other party under the terms of this
agreement shall be directed to the following addresses:
To the Developer: To the City:
Salt Lake City Corporation
Attn: Planning Director
451 South State Street
Salt Lake City, UT 84111
The parties agree to give prompt notice to all the parties of any change in the foregoing
addresses.
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15. No Waiver. Failure to enforce any provision of this agreement does not waive the
right to enforce that provision, or any other provision of this agreement.
Executed as of the date first set forth above.
DEVELOPER
By:
Title:
STATE OF UTAH )
. ss.
County of Salt Lake )
On the day of August, 2006, personally appeared before me
, who,being by me duly sworn, did say that he/she is the
of , and said
person acknowledged to me that said corporation executed the same.
NOTARY PUBLIC, residing in
My Commission Expires:
SALT LAKE CITY CORPORATION
By:
Title:
ATTEST AND COUNTERSIGN:
Chief Deputy City Recorder
4
•
STATE OF UTAH )
. ss.
County of Salt Lake )
On the day of August, 2006,personally appeared before me
, who, being by me duly sworn, did say that he/she is the
of SALT LAKE CITY CORPORATION, and said person
acknowledged to me that said corporation executed the same.
NOTARY PUBLIC, residing in
My Commission Expires:
I:\Agreements 06\Development Agmt 100 S 900 E.doc
5