085 of 1997 - Rezoning properties; northeast corner of 700 East and 600 South, Petition No. 400-96-510 97-1
P 97-43
Affects Sidwell Nos.:
16-05-352-004
16-05-352-005
16-05-352-007
16-05-352-022
SALT LAKE CITY ORDINANCE
No. 85 OF 1997
(Rezoning properties located at the
northeast corner of 700 East and 600 South,
pursuant to Petition No. 400-96-51.)
AN ORDINANCE REZONING PROPERTIES LOCATED AT THE
NORTHEAST CORNER OF 700 EAST AND 600 SOUTH FROM RMF-45 TO
RB, PURSUANT TO PETITION NO. 400-96-51.
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 the
northeast corner of 700 East and 600 South 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 the
northeast corner of 700 East and 600 South, which are more
particularly described below, shall be and hereby are
rezoned from RMF-45 to RB. These real properties are more
particularly described as follows:
Com at NW cor, lot 2, Blk 26, Plat B, SLC SUR;
South 3 rods; East 10 rods; North 3 rods; West 10
rods to Beg.
Beg 60.75 feet North of SW cor, lot 2, Blk 26,
Plat B, SLC SUR; North 54.75 feet; East 7 rods;
South 54.75 feet; West 7 rods to Beg.
Com 3.5 rods North from SW cor, lot 2, Blk 26,
Plat B, SLC SUR; North 3 feet; East 3.5 rods;
South 3 feet; West 3.5 rods to Beg.
Com at SW cor, lot 2, Blk 26, Plat B, SLC SUR;
East 3% rods; North 3% rods; West 3% rods; South
3% rods to Beg.
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. The owners of the properties shall execute a
Declaration of Covenants, Conditions and Restrictions for
the White Family Trust Properties located at 563 and 575
2
South 700 East and 703-705 East 600 South, Salt Lake City,
Utah (the "Declaration"), a copy of which is attached hereto
as Exhibit "A" and incorporated herein by reference. That
Declaration shall also be recorded with the Salt Lake County
Recorder.
b. The owners of the property shall complete the
repair, renovation and restoration of the site and
structures on the property as required in the Declaration.
c. All repair, renovation and restoration of the
properties shall be completed within one year from the date
of this ordinance.
d. The owners of the property shall also comply with
all conditions imposed by the Salt Lake City Planning
Commission as set forth on Exhibit "B" attached hereto and
incorporated herein by reference.
SECTION 4. AMENDMENT OF MASTER PLAN. The Salt Lake
City Master Plan shall be and hereby is amended consistent
with the rezoning identified above.
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 record or publish this
ordinance until the conditions identified above have been
3
met, as certified by the Salt Lake City Planning Director.
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.
Passed by the City Council of Salt Lake City, Utah,
this
9th
ATTEST:
day of
December
CHIEF DEPUTY C TY REORDER
Transmitted to the Mayor on
Mayor's Action: XXX Approved.
ATTEST:
EF DEPUTY C T R:'CORIER
(SEAL)
Bill No. 85 of 1997.
, 1997.
12-10-97
Published: See Ordinance 21 of 1999.
G:\ORDINA97\rezoning of 700 east and 600 south.doc
4
Vetoed.
APPROVED AS TO FORM Office
Salt Lake City A
Date // -
BY
i
WHEN RECORDED RETURN TO:
Salt Lake City Corporation
Attn: Planning Director
451 South State Street
Salt Lake City, UT 84111
DECLARATION OF COVENANTS, CONDITIONS
& RESTRICTIONS FOR
THE WHITE FAMILY TRUST PROPERTIES
LOCATED AT 563 & 575 SOUTH 700 EAST,
AND 703 TO 705 EAST 600 SOUTH
SALT LAKE CITY, UTAH
This Declaration is made this day of September, 1997, by Aline White and
Joseph L. Henriod, trustees of the White Family Trust, collectively referred to as Declarant.
RECITALS
A. Declarant is the owner of the following described real properties (referred to as the
"Property") located in Salt Lake City, Salt Lake County, Utah:
563 South 700 East: parcel #16-05-352-004
Com at NW cor, lot 2, Blk 26, Plat B, SLC SUR; South 3 rods;
East 10 rods; North 3 rods; West 10 rods to Beg. .19 ac.
575 South 700 East: parcel #16-05-352-005
Beg 60.75 feet North of SW cor, lot 2, Blk 26, Plat B, SLC
SUR; North 54.75 feet; East 7 rods; South 54.75 feet; West 7
rods to Beg. .28 ac.
parcel #16-05-352-007
Com 3.5 rods North from SW cor, lot 2, Blk 26, Plat B, SLC
SUR; North 3 feet; East 3.5 rods; South 3 feet; West 3.5 rods to
Beg. .01 ac.
703-705 East 600 South: parcel #16-05-352-022
Com at SW cor, lot 2, Blk 26, Plat B, SLC SUR; East 3 l rods;
North 3 1/2 rods; West 3 '/ rods; South 3 l/ rods to Beg. .08 ac.
B. Declarant is committed to preserving the historic and architectural integrity of the
Property through preservation, renovation and adaptive use of the structures on the Property in
a manner consistent with this Declaration.
1
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 benefiting and burdening each parcel of the Property.
D. It is the Declarant's intention in imposing these covenants and restrictions to ensure
preservation of the historic and architectural structure and character of the buildings on the
Property 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 Property 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 may be
enforced by the Declarant, any subsequent owner of the Property and Salt Lake City
Corporation.
E. Declarant has executed this Declaration voluntarily and without coercion or duress.
ARTICLE I
RENOVATION, RESTORATION & PRESERVATION
Declarant and any successors or assigns shall complete the repair, renovation or
restoration of the site and structures on the Property to Salt Lake City's satisfaction and
consistent with all applicable zoning and building codes within one year from the date of this
Declaration. All site and exterior building improvements are subject to the approval of the
Salt Lake City Planning Director. The Planning Director shall approve all plans prior to the
commencement of work and shall approve the final improvements. The Planning Director
may also require additional improvements beyond those required by City Ordinance. The
repair, renovation or restoration shall be accomplished in a manner which preserves the
historic and architectural integrity of the structure. No demolition of any structure on the
Property shall be allowed without the express written consent of all owners of the Property
and Salt Lake City Corporation.
ARTICLE II
USE RESTRICTIONS
In general, the Property shall not be used for any purpose inconsistent with maintaining
the structures on the Property in a manner reasonably consistent with their historic and
architectural character. Subject to this general restriction, and any restrictions imposed by the
"RB" zoning classification, the following are the permitted uses of the property:
1. Professional and business offices, excluding medical and dental clinics.
2. Retail commercial establishments limited to the following and similar
uses: antique store, art gallery, art supply store, artisan workshop,
clothing or gift boutique, florist, hand-crafted goods store, personal
2
services, including barber and beauty shops, quilt store, studio for
instruction in the arts and any comparable enterprise.
3. Compatible Residential uses.
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, nor shall the Property be used for any purposes that, as a matter of
common experience, tend to create a nuisance.
Declarant understands that Salt Lake City Corporation may create a more restrictive
"RB" zoning classification. Should such a classification be adopted, and the classification is
consistent with existing uses on the Property, Declarant will not oppose a petition to change
the Property's classification to the more restrictive "RB" zone.
ARTICLE III
OBLIGATION TO MAINTAIN, REPAIR AND REBUILD
Declarant, and each subsequent owner of any parcel of the Property, at such owners'
sole cost and expense, shall repair and maintain the site and structures on the Property so as to
keep the site and structures in a condition consistent with the requirements of all building
codes applicable to the Property.
If all or any portion of the site or of any structure on the Property is damaged or
destroyed by fire or other casualty, it shall be the duty of the Declarant or the subsequent
owner to rebuild, repair or reconstruct the site or structure in a manner that will substantially
restore it to its size, proportions and character immediately prior to the casualty.
ARTICLE IV
GENERAL PROVISIONS
Condition Precedent to Validity. Declarant has or will petition Salt Lake City to
amend the zoning map for the Property from a "RMF-45" to a "RB" 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 completion of the
renovations described above. If the Petition is denied, this Declaration shall be of no force or
effect.
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 petition to rezone the Property. In the event of such a rezoning
3
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 with respect to the 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 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.
Antendments. Covenants and restrictions of this Declaration may be amended by duly
recording an instrument executed and acknowledged by both the owners of at least two of the
three parcels of the Property 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 Property 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.
DATED: September , 1997.
WHITE FAMILY TRUST
ALINE WHITE, Trustee
JOSEPH L. HENRIOD, Trustee
4
STATE OF UTAH
: ss
COUNTY OF SALT LAKE )
On the day of September, 1997, personally appeared before me ALINE WHITE
and JOSEPH L. HENRIOD, Trustees of the White Family Trust, the signers of the foregoing
instrument, who duly acknowledged to me that they executed the same.
G : \PL9984\DOCS \W HITEFAMILY. DEC. doc
NOTARY PUBLIC
5
Motion for Petition No. 400-96-51:
Mr. Mariger moved, based upon the findings of fact, to reconsider the Planning
Commission's previous recommendation to deny the petition and recommend approval
based on the following:
1. The Declaration of Covenants and Restrictions will preserve the existing
structures, limit the types of commercial land uses, require building and site
improvements, and property maintenance as stated in Exhibit and the Conditions
of Approval. The duration of the Declaration shall be attached to the land for 50
years and all improvements completed in one year.
2. The "RB" zoning district would allow new opportunities to rehabilitate the
properties by permitting commercial uses.
3. The "RB" zoning district permits single family and two family dwelling units which is
consistent with existing structures and will continue to be permitted land use types.
Mr. Mariger further moved that the Planning Commission recommend approval to the
City Council for Petition No. 400-96-51 with the following conditions:
1. The zone change will occur after the Declaration of Covenants and Restrictions is
recorded and that a certificate of occupancy is issued. The property owner has
one year to complete the improvements.
2. The property owner shall comply to the recommendations of the property owner's
structural engineer.
3. The property owner shall comply with the requirements of the Utah Department of
Transportation (UDOT).
4. All building and structural improvements as shown on Exhibit 5 must comply to
commercial uniform building code standards.
5. All landscaping and exterior building improvements must be approved by the
Planning Director prior to commencement of the improvements and must be
completed prior to certificate of occupancy.
6. All asphalting and paving for the parking lot, curbs, sidewalks and ramps for ADA
accessibility must be constructed prior to certificate of occupancy.
7. The Declaration of Covenants and Restrictions shall be in effect for a period not
less than 50 years.
Planning Commission Meeting
8
September 18, 1997
8. Failure to comply with the Declaration of Covenants and Restrictions shall initiate
the process for a zone amendment to change the zoning.
9. The property owners waive their right to protest a City initiated zone change if the
City determined that the property owners failed to comply with the Declaration of
Covenants and Restrictions or becomes a nuisance to the neighborhood. The
property owner also waives their right to protest as a non -conforming use.
Ms. Short seconded the motion. Mr. Iker, Mr. Mariger, Ms. Short, Mr. Christensen, Mr.
Fife, Ms. Funk and Ms. Barrows voted "Aye". Mr. Smith was recused. Ms. Kirk and Mr.
McRea were not present. Mr. Young, as Chair, did not vote. The motion passed.
Planning Commission Meeting 9
September 18, 1997