The URL can be used to link to this page

066 of 2000 - rezoning properties located at 1615 South Foothill Drive 0 00-1 P 00-23 7722387 09/20/2000 01:49 PM NO FEE Bookok - 8388 Pg - 7529-7542 Affects Sidwell Nos . : lfit WORKMAN 16—15—2 5 8—010 RECORDER, SALT LAKE COUNTY, UTAH • 16—15—2 5 8—011 BY:CKCC,Y DEPUTYENT��I SERVICES CT SALT LAKE CITY ORDINANCE G\.1 No . 66 OF 2000 (Rezoning properties located at the 1615 South Foothill Drive, pursuant to Petition No. 400-00-09 . ) AN ORDINANCE REZONING PROPERTIES LOCATED AT 1615 SOUTH FOOTHILL DRIVE FROM NEIGHBORHOOD COMMERCIAL (CN) TO COMMUNITY BUSINESS (CB) , PURSUANT TO PETITION NO. 400-00-09 . 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, the long-range general plans of the City, and any local master plan as part of its deliberations . Pursuant to these deliberations, the City Council has concluded that the proposed change in zoning for the properties located at 1615 South Foothill Drive is appropriate for the development of the community in that area, subject to the conditions set forth herein. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the properties located at 1615 South Foothill Drive, which are more particularly described on , Exhibit "A" attached hereto, shall be and hereby are rezoned CV 0.? C from Neighborhood Commercial (CN) to Community Business CO (CB) . 1 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 . CONDITIONS. This rezoning is subject to the following conditions : a. T The owner of the properties shall execute the Declaration of Covenants, Conditions and Restrictions for the Lamplighter Square Properties located at 1615 South Foothill Drive, Salt Lake City, Utah (the "Declaration") , attached hereto as Exhibit "B" and incorporated herein by reference, and record the executed Declaration with the Salt Lake County Recorder. b. The owner of the properties shall also record the Subordination Agreement, attached hereto as Exhibit "C" and incorporated herein by reference, with the Salt Lake County Recorder. c. The two properties, Sidwell Numbers 16-15-258-010 and 16-15-258-011, shall be combined into one legal parcel . SECTION 4 . 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 co is instructed not to record or publish this ordinance until the CO CO conditions identified above have been met, as certified by the CO CO Salt Lake City Planning Director. - C- t..) CD 2 SECTION 5 . TIME. If the conditions identified above have not been met within one year from the date of this ordinance, the City Recorder is instructed not to record or publish this ordinance, which shall become null, void and have no effect . For good cause shown, the City Council may, by resolution, extend the time periods identified herein. Passed by the City Council of Salt Lake City, Utah, this 12th day of September , 2000 . C AIRPERS AT ST: o C 7rsf C F DEP TY CITY RE RDER Transmitted to the Mayor on September 13, 2000 Mayor' s Action: Approved. Vetoed. YOR AT EST: *,' tA44 CI vs. �,' C EF PUTY C Y R ORDER ,'� , x:: . ,�.:;,>��TO�c � C6TI:f,)., ;* j,,',f3�i �-.i (.I.; A,,orro�'g OffIcG'i1 ::'' .: S Dote 7- Z/-LLSt9 (SEAL) �•, (- 'y ; — 66 Bill No. of 2000 . ��%� Published: September 21, 2000 (Special no ices) -.1 September 26, 2000 (Legals) CO c OD G:\Ordina00\rezoning of 1615 South Foothill Drive - June 22, 2000.doc -10 C) CTi CO 3 EXHIBIT "A" to ordinance Legal description: Beginning 180.77 Feet South & 335.37 Feet West from Northeast Corner Lot 20 Blk 16 FIVE AC PLAT C BIG FIELD SUR West 123.93 Feet to East LINE OF FOOTHILL DR South 33-15' 54" East 185.96 Feet North 40-12' 38" West 41.18 Feet North 56-44' 06" East 84.52 Feet North 33-15' 54" West 81.44 Feet to Beginning. r✓{,j Beginning 221.1 Feet North of Southeast Corner BLK 16. FIVE ACRE PLAT C. BIG FIELD SUR: North 0-02' 30" East 174.74 Feet: West 335.37 Feet: South 33.15' 54" East 81.44 Feet: South 56-44' 06" West 84.52 Feet: South 4-12' 38" East 41.18 Feet: South 33-15'54" East 22.98 Feet: East 345.86 Feet to Beginning. OD CO CO a-) CJ1 N • EXHIBIT "B" to ordinance OWHEN RECORDED RETURN TO: Salt Lake City Corporation Attn: Planning Director 451 South State Street Salt Lake City, Utah 84111 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR THE LAMPLIGHTER SQUARE PROPERTIES LOCATED AT 1615 SOUGH FOOTHILL BLVD. SALT LAKE CITY, UTAH This Declaration is made this 3a day of }.2t , 2000, by Lamplighter Square-Associates, hereinafter referred to as Declarant. RECITALS A. Declarant is the owner of the real properties more particularly described on Exhibit "A" attached hereto (referred to as the "Property") located in Salt Lake City, Salt Lake County, Utah. B. Declarant is desirous to obtain greater flexibility in the use of the property than is allowed under current zoning, but is also desirous to do so in a manner that will not adversely impact neighboring residential properties, including those adjacent properties identified by sidwell nos. 16-15-278-001, 16-15-278-002, 16-15-278-009, 16-15-276-019 and 16-15-258-012, more particularly described on Exhibit `B" attached hereto (referred to as the Neighboring Properties). C. Declarant hereby declares that the Property, and each parcel of the 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 burdening each parcel of the Property and benefiting each parcel of the Neighboring Properties. D. It is the Declarant's intention in imposing these covenants and restrictions to limit the size and use of the buildings on the Property for its own benefit and for the greater good of the Neighboring Properties and of all residents of Salt Lake City, and to promote and preserve the compatibility of the use of the Property with the existing uses of r_ other properties in that neighborhood. To further that intent, the covenants and 00 restrictions shall be binding upon the Declarant, its successors, assigns, heirs and lien holders, and may be enforced by the Declarant, any subsequent owner of the Property, the co Cx� c-� 1 tr+ owners, and their successors, of the Neighboring Properties, Salt Lake City Corporation and the Indian Hills Community Council or its successors in interest. E. Declarant has executed this Declaration for good and valuable consideration, the receipt of which is acknowledged, voluntarily and without coercion or duress. ARTICLE I SIZE AND USE RESTRICTIONS Declarant covenants that, regardless of what building sizes and uses may be allowed under applicable zoning, (1) it will not erect or cause to be erected any building or structure which would exceed the maximum height limitation of twenty-five (25) feet allowed by the current Neighborhood Commercial ("CN") zone as described on the attached Exhibit "C" and (2) it will not use the property for any uses other than those peiiiiitted in Exhibit "C", except for the liquor store. No business of any kind shall be carried on in the structures on the Property which is offensive, noxious, or detrimental to the use of the land in the vicinity of the Property for private residences, as provided by the "CN" zoning, nor shall the Property be used for any purposes that, as a matter of common experience, tend to create a nuisance. None of the current tenants in the shopping center are in violation of this paragraph at this time. ARTICLE II GENERAL PROVISIONS Condition Precedent to Validity. Declarant has or will petition Salt Lake City to amend the zoning map for the Property from a "CN" to a Commercial Business ("CB") 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 above. If the Petition is denied, this Declaration shall be of no force or effect. Enforcement. Declarant, any subsequent owner, Salt Lake City Corporation, the owners of the Neighboring Properties, and their successors, and the Indian Hills Community Council or its successors in interest shall have the right to enforce, by any proceeding in law or in equity, all covenants and restrictions now or hereafter imposed by 52 the provisions of this Declaration. If Declarant or its successors or assigns violates the Co co terms of this Declaration, which violation is not promptly cured, Salt Lake City shall be entitled to petition to rezone the Property to its zoning classification immediately Co 2 Cs"� CA) preceding the date hereof. In the event of such a rezoning petition, Declarant, and it's 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 non-conforming use rights which were created only on or after this date hereof with respect to the Property. Notwithstanding the foregoing, Declarant shall retain the right to contest the existence of any alleged violation of this Declaration. 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. Covenants and restrictions of this Declaration may be amended by duly recording an instrument executed and acknowledged by the owners of the Property, the owners of the Neighboring Properties, Salt Lake City Corporation and the Indian Hills Community Council or their respective successors in interest. 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 as aforesaid for a period of fifty (50) years from the date of this Declaration. Other conditions. Owner, as part of this Agreement, will comply with the o additional conditions as outlined in Exhibit "D". 0,,L, r.Q DATED: J �!"r-,) , 2000. m OWNER(S) LAMPLIGHTER SQUARE ASSOCIATES (...el -./ r /147 ,_,A7 / e' Icy: GEORGE C. PINGREE STATE OF UTAH ) :ss. County of Salt Lake ) r\On the day of '\' , 2000, personally appeared before me George C. Pingree, the 0 _of Lamplighter Square Associates, who duly acknowledged to me that he is authorized to execute the same on behalf of Lamplighter Square Associates. cc 1 Co r Notary Public I \ °�T' .:\ KAREN A. KUGLER I Notary Public 3�. .� ' co M 50 North Medical Drive CO i • _I Salt Lake City. Utah 84r 32 \y � My Commission Expires July 10. 2000 3 ,ii . / State of Utah J ''"^a • EXHIBIT "A" to declaration (Legal Description of Lamplighter Square) . Legal description: Beginning 180.77 Feet South & 335.37 Feet West from Northeast Corner Lot 20 BIk 16 FIVE AC PLAT C BIG FIELD SUR West 123.93 Feet to East LINE OF FOOTHILL DR South 33-15' 54" East 185.96 Feet North 40-12' 38" West 41.18 Feet North 56-44' 06" East 84.52 Feet North 33-15' 54" West 81.44 Feet to Beginning. Beginning 221.1 Feet North of Southeast Corner BLK 16. FIVE ACRE PLAT C. BIG FIELD SUR: North 0-02' 30" East 174.74 Feet: West 335.37 Feet: South 33.15' 54" East 81.44 Feet: South 56-44' 06" West 84.52 Feet: South 4-12' 38" East 41.18 Feet: South 33-15'54" East 22.98 Feet: East 345.86 Feet to Beginning. co CO co.) op co 4 c'' CJ1 CTti EXHIBIT "B" to declaration (Legal Description of Neighboring Properties) To the east : Sidwell Numbers 16-15-278-001 16-15-278-002 16-15-278-009 To the north: 16-15-276-019 To the south: 16-15-258-012 co CO CO CO 5 C' CJ"1 C.R,` EXHIBIT C to declaration PERMITTED USE USE IN C-N COMMERCIAL DISTRICT OR CONDITIONAL USE RESIDENTIAL Dwelling Units, including multi-family dwellings, above or P below first story office, retail and commercial uses or on the first story, as defined in the Uniform Building Code, where the unit is not located adjacent to the street frontage. Living Quarters for Caretaker or Security Guard P — OFFICE AND RELATED USES Financial Institution, without drive through facilities P Medical and Dental Clinics P Offices P RETAIL SALES & SERVICES Automobile Repair, Minor C Gas station (may include accessory convenience retail and/or P "minor repairs" as defined in Part VI, Chapter 21A.62) Restaurant, without drive through facilities P Restaurants, with drive through facilities C Retail Goods Establishments without drive-through facilities P Retail Goods Establishments, with drive-through facilities C Retail Services Establishments without drive-through facilities P Retail Services Establishments with drive-through facilities C INSTITUTIONAL USES—(Sites <2 Acres) Adult Day Care Center P Child Day Care Center P Governmental Facilities (excluding those of an industrial nature P and prisons) Schools, professional and Vocational P COMMERCIAL AND MANUFACTURING Plant and Garden Ship, with outdoor retail sales area C RECREATION, CULTURAL & ENTERTAINMENT Art Gallery P Art Studio P Dance Studio P Natural open space and conversation areas C Parks and playgrounds, public and private, on lots less than four PCO acres in size Pedestrian pathways, trails and greenways P co Squares and plazas on lots less than four acres in size P CO Cll co co MISCELLANEOUS Accessory Uses, except those that are specifically regulated in P this Chapter, or elsewhere in this title. Bed and Breakfast P Bed and Breakfast Inn P Bed and Breakfast Manor(When located in a building listed on C the Salt Lake City Register of Cultural Resources (See Sections 21 A.24.010S and 21 A.26.010K) Public/Private Utility Buildings and Structures C Public/Private Utility Transmission Wires, Lines, Pipes and P Poles (see Section 21 A.02.050B for utility regulations) Recycling Collection Station P Reverse Vending Machines P OD C) 00 C) CA) t.� EXHIBIT "D" (ADDITIONAL CONDITIONS) to declaration 1. Regardless of whether or not a new operator is found for the service station at the Lamplighter Square, the owner will modify the signage and resurface the parking lot by November 1, 2001. 2. The owner agrees to modify the landscaping as required by the City of Salt 'Lake and maintain the same. 3. The owner agrees to modify the ingress and egress as required by the City of m Salt Lake. per- a4 co cz co co -ea EXHIBIT "C" to ordinance SUBORDINATION AGREEMENT This Subordination Agreement is made this 4th day of May , 2000 by America First Credit Union. RECITALS WHEREAS America First Credit Union is the beneficiary under a Trust Deed (or the mortgagee under a mortgage dated March 17, 1999 encumbering the property known as Lamplighter Square, more particularly described on Exhibit"A", attached hereto (referred to as the"Property") located in Salt Lake City, Salt Lake County, Utah and WHEREAS the subject trust deed is recorded as Entry No. 7293337 at Book 8259 , Page 6266 of the records of the Salt Lake County Recorder NOW, THEREFORE, America First Credit Union through its undersigned authorized officer hereby subordinates the mortgage or deed of trust identified above, recorded as Entry No. o 7293337 at Book 8259 , Page 6266 of the Salt Lake County Recorder to that certain Declaration o of Covenants, Conditions and Restrictions for the Lamplighter Square properties located at 1615 South Foothill Boulevard, Salt Lake City, Utah, a true and correct copy of which is attached hereto, marked Exhibit "B" and incorporated by this reference. DATED this 4th day of May, 2000. .(i�u By: Shari S. Cheney Its Business Loan Officer STATE OF UTAH ) tv`c— :ss. COUNTY OF SALT LAKE ) •i i 3-0ec On this 11 day of c:y , personally appeared bef ii ore me Shc� rr G ) Ii ' 7 , the Nrss u�-:�t��Fi�,�of c- -m+1.y �. }=i'vc, t Cif-eat"+t'f AO duly acknowledged to me that he/she is authorized to execute the same on behalf of co co Notary Public CO CO NOTARY PUBLIC or rp G`� �� °4,,, RHEA SCHADE 4 !FN: 1344 West 4875 South IV�v�( Ogden,Utah 84405 A S My Commission Expires ,P- yr. 4' October 15.2000 "96 STATE OF UTAH ._ 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 66 of 2000, rezoning properties located at 1615 South Foothill Drive from Commercial Neighborhood (CN) to Community Business (CB) to allow the expansion of the State Liquor Store on the property. Passed by City Council action of Salt Lake City, Utah on September 12, 2000. J/�Published on September 21 and 26, 2000. IN WITNESS WHEREOF, I have hereunto et my hand 9(nd a ''ed th corpor- e se.:l of said City, this 20h day of September, 20$ . i / /' ,: _-* � ), —,,/, ' . // /.. . .‘•:q.)' c oriphilff i4, L... �.1, D- �44 �ity Recorder, Salt Lake City, Utah At il t CO j* i it VJ 4. QRA'�'r. 4* 0) GA) CO CO --0 G-a Cil *.. N