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Proposed Ordinance - 4/28/2022 SALT LAKE CITY ORDINANCE No. _____ of 2022 (Amending the Central Community Master Plan Future Land Use Map and the zoning of property located at 1950 South West Temple and a portion of a parcel located at 1948 South West Temple) An ordinance amending the Central Community Master Plan Future Land Use Map and amending the zoning map pertaining to a parcel located at 1950 South West Temple and a portion of a parcel located at 1948 South West Temple (the “properties”) to a rezone the properties from RMF-35 Moderate Density Multi-Family Residential District to CG General Commercial District and amend the Future Land Use Map from Medium Density Residential to Medium Residential/Mixed Use pursuant to Petition numbers PLNPCM2021-00292 and PLNPCM2021-00291, respectively. WHEREAS, Banks Group, LLC, the property owner, submitted an application to rezone the parcel of property located at 1950 South West Temple and a portion of the split-zoned parcel at 1948 South West Temple Street, as more particularly described in Exhibit “A,” from RMF-35 Moderate Density Multi-Family Residential District to CG General Commercial District pursuant to Petition numbers PLNPCM2021-00292 and an application to amend the Central Community Master Plan Future Land Use Map with respect to the properties from Medium Density Residential to Medium Residential/Mixed Use pursuant to petition number PLNPCM2021-00291; WHEREAS, Banks Group, LLC, is the owner of the parcel located at 1950 South West Temple (Tax ID No. 15-13-478-031-0000) and the parcel located at 1948 South West Temple (Tax ID No. 15-13-478-035-0000) (collectively, the “Subject Parcels”); WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a public hearing on August 11, 2021 on the two petitions, had a discussion, and voted to forward a positive recommendation of approval to the Salt Lake City Council (the “City Council”) to approve the zoning map amendment and future land use map amendment pursuant to the petitions subject to the following conditions: (1) consolidation of the Subject Parcels owned by the applicant, and (2) the City and the applicant entering into a development agreement to limit the height of future development of the properties; and WHEREAS, after a public hearing on this matter, the City Council has determined that adopting this ordinance to amend the Salt Lake City zoning map to change the underlying zoning as set forth herein 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 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 to reflect that the parcel located at 1950 South West Temple (Tax ID No. 15- 13-478-031-0000) and a portion of the parcel located at 1948 South West Temple (Tax ID No. 15-13-478-035-0000), as more particularly described in Exhibit “A,” attached hereto and incorporated by reference, shall be and hereby are rezoned from RMF-35 Moderate Density Multi-Family Residential District to CG General Commercial District. SECTION 2. Amending the Central Community Master Plan Future Land Use Map. The Central Community Master Plan Future Land Use Map of Salt Lake City shall be and hereby is amended to change the land use designation of the properties identified in Exhibit “A” from Medium Density Residential to Medium Residential/Mixed Use. SECTION 3. Conditions. The approval of this ordinance is conditioned upon the following: 1. The owner of the properties consolidating the Subject Parcels. 2. The owner of the Subject Parcels entering into an agreement, in the form attached as Exhibit “B,” with Salt Lake City to restrict the maximum allowable development height as provided therein. SECTION 4. Execution of Restrictive Covenant Agreement. The City Council hereby approves and directs the Mayor to execute and countersign the Restrictive Covenant Agreement attached as Exhibit B. SECTION 5. Effective Date. This Ordinance shall take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713. The City Recorder is instructed not to publish or record this ordinance until the conditions are satisfied as certified by the Salt Lake City Planning Director or his designee. SECTION 6. Time. If the conditions identified above has not been met within one year after passed by the City Council, this ordinance shall become null and void. The City Council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2022. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2022. Published: ______________. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Hannah Vickery, Senior City Attorney 4/22/22 Exhibit “A” Legal description of the properties: Tax ID: 15-13-478-035-0000 Address: A portion of 1948 South West Temple Beginning at the at the Northeast corner of Lot 19, Block 7, Five Acre “A” Big Field Survey and running thence West 192.70 feet; thence South 72.55 feet; thence East 192.70 feet; thence North 72.55 feet; to point of beginning. Tax ID No. 15-13-478-031-0000 Address: 1950 South West Temple Commencing 72.55 feet south from the Northeast corner of Lot 19, Block 7, Five Acre “A” Big Field Survey; and running thence South 71 feet; thence West 192.70 feet; thence North 71 feet; thence East 192.70 feet; to point of commencement. Exhibit “B” WHEN RECORDED, RETURN TO: Salt Lake City Corporation Attn: Planning Director 451 S. State Street, Suite 406 Salt Lake City, Utah 84111 Banks Group, LLC Attn: ___________________ _______________________ _______________________ RESTRICTIVE COVENANT AGREEMENT THIS RESTRICTIVE COVENANT AGREEMENT (the “Agreement”) is made and entered into by and between SALT LAKE CITY CORPORATION, a political subdivision of the State of Utah (“City”) and Banks Group, LLC (“Owner”). City and Owner may hereinaf ter sometimes be referred to individually as a “Party” or collectively as the “Parties.” RECITALS A. Owner is the owner of approximately 4.24 acres of land located at 1948 and 1950 South West Temple in Salt Lake City. B. Owner submitted a petition to amend the zoning map and the Central Community Master Plan Future Land Use Map with respect to a portion of the parcel located at 1948 South West Temple and the entirety of the parcel located at 1950 South West Temple, which land is more particularly described o n the attached Exhibit “A” attached hereto and incorporated by reference (the “Property”), to change the zoning from RMF-35 Moderate Density Multi -Family Residential District to CG General Commercial District and change the future land use map designation from Medium Density Residential to Medium Residential/Mixed Use , pursuant to Petition No. PLNPCM2021-00292 and PLNPCM2021-00291, respectively (the “Petitions”). C. The City desires to mitigate the impact of any future development on the surrounding neighborhoods by ensuring that the maximum allowable height of any future development does not exceed thirty -five feet. D. The City, acting pursuant to its authority under Utah Code Ann. §§10 -9a-101, et. seq., has made certain determinations with respect to the Petitions and as a condition of the City exercising its legislative discretion and publishing and recording the ordinance amending the 2 zoning map to rezone the Property from RMF-35 Moderate Density Multi -Family Residential District to CG General Commercial District and change the future land use map designation from Medium Density Residential to Medium Residential/Mixed Use , the Owner has agreed to limit the height of any future development of the Property pursuant to the terms of this Agreement . AGREEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in reliance on the foregoing recitals, City and Owner agree as follows: 1. Incorporations of Recitals . The Parties hereby incorporate the foregoing recita ls into this Agreement. 2. Restrictive Covenants. Owner hereby covenants and agrees to comply with the terms and conditions of this Agreement and the restrictions described herein in connection with the use and development of the Property and the construction and operation of any improvements on the Property during the Term of this Agreement. a. Owner agrees to that the height of any future development shall not exceed thirty-five feet. i. Owner shall include the following deed restriction in each and every deed of original conveyance of the property, and each deed of conveyance thereafter shall include the same: A. The property is subject to the Restrictive Covenant Agreement in the real property records of Salt Lake County, Utah on _____ (Date) at Entry Nos.__________ and _______. B. The property is subject to a restrictive covenant that limits the height of any future development . 3. Recordation of Ordinance. In exchange for Owner’s promised adherence to the restrictive covenants as set forth in Section 2 of this Agreement, concurrent with recording this Agreement at the Office of the Salt Lake County Recorder, the City shall publish and record an ordinance rezoning from RMF-35 Moderate Density Multi -Family Residential District to CG General Commercial District and changing the future land use map designation of the Central Community Master Plan from Medium Density Residential to Medium Residential/Mixed Use . 3 4. Term. The term of this Agreement shall be 50 years from the date of the last signature below (the “Term”). 5. Evidence of Compliance. Upon written request by the City, Owner shall provide City with evidence satisfactory to City of Owner’s compliance with this Agree ment. Additionally, Owner will permit annual inspections of the Property at reasonable times by a representative of the City to determine compliance. 6. Default; Remedies. Owner shall be in “Default” of its obligations under this Agreement if, at any time during the Term, the Property is not in compliance with the restrictive convenances set forth in Section 2 (“Default”) after notice of Default from City and the failure to cure such default within 30 days following such notice; provided, if such Default cannot be cured within such 30 day period, Owner shall have such time as is reasonably necessary to cure the Default. Following the occurrence of any Default, City shall b e entitled to exercise any and all rights available at law or equity, including, without limitation, the remedy of specific performance to require the Property to be used and operated as required hereunder. 7. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. 8. Construction/Interpretation. This Agreement has been reviewed and revised by legal counsel for both the City and Owner, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement. 9. Other Miscellaneous Terms . The singular shall include the plural; the masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive. 10. Covenants Running with the Land. This and the restrictions set forth herein are binding upon and shall run with the Property throughout the Term hereof, such that any subsequent owners of f ee title or other third parties holding an interest in and to all or some portion of the Property shall be deemed to have acquired such interest with notice and knowledge of this Agreement such that the Property and Developer Improvements shall remain subject to the terms, conditions, restrictions and provisions set forth herein. In keeping with the foregoing, the term “Owner”, as used herein, shall be construed to mean and include any successors in interest to fee ownership of all or any portion of the Pr operty and/or Developer Improvements and any other holders of interests in and to any portion of the Property and/or 4 Developer Improvements. This Agreement shall be recorded in the Office of the Salt Lake County Recorder. 11. Waiver. No action taken by any Party shall be deemed to constitute a waiver of compliance by such Party with respect to any representation, warranty, or condition contained in this Agreement. 12. Remedies. Either Party may, in addition to any other rights or remedi es, institute an equitable action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and rights of the Parties hereto, or to obtain any remedies consistent with the foregoing and the purpose of this Agreement. 13. Utah Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Utah. 14. Covenant of Good Faith and Fair Dealing. Each Party shall use its best efforts and take and employ all necessary actions in good faith consistent with this Agreement to ensure that the rights secured by the other Party through this Agreement can be enjoyed. 15. No Third-Party Beneficiaries. This Agreement is between the City and Owner. No other party shall be deemed a third -party beneficiary or have any rights under this Agreement. 16. Force Majeure. No liability or breach of this Agreement shall result from delay in performance or nonperformance caused, directly or ind irectly, by circumstances beyond the reasonable control of the Party affected (“Force Majeure”), including, but not limited to, fire, extreme weather, terrorism, explosion, flood, war, power interruptions, the act of other governmental bodies, accident, la bor trouble or the shortage or inability to obtain material, service, personnel, equipment or transportation, failure of performance by a common carrier, failure of performance by a public utility, or vandalism. 17. Entire Agreement, Counterparts and Exhibit . Unless otherwise noted herein, this Agreement is the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and Owner. The following exhibits are attached to this Agreement and incorporated herein for all purposes: 16. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES. Owner represents that it has not: (1) provided an illegal gift or payoff to a City officer or 5 employee or former City officer or employee, or his or her relative or b usiness entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purp ose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a Ci ty officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. 17. GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT. City is subject to t he requirements of the Government Records Access and Management Act, Chapter 2, Title 63G, Utah Code Annotated or its successor (“GRAMA”). All materials submitted by Owner pursuant to this Agreement are subject to disclosure unless such materials are exem pt from disclosure pursuant to GRAMA. The burden of claiming an exemption from disclosure shall rest solely with Owner. Any materials for which Owner claims a privilege from disclosure shall be submitted marked as “Business Confidential” and accompanied by a concise statement of reasons supporting Owner’s claim of business confidentiality. City will make reasonable efforts to notify Owner of any requests made for disclosure of documents submitted under a claim of business confidentiality. Owner may, at Owner’s sole expense, take any appropriate actions to prevent disclosure of such material. Owner specifically waives any claims against City related to disclosure of any materials required by GRAMA. [Signature Page to Follow] 6 EFFECTIVE as of the _____ day of , 2020. CITY: ATTEST: SALT LAKE CITY CORPORATION , a municipal corporation of the State of Utah By: _____________________________ By: _______________________________ Mayor Erin Mendenhall Salt Lake City Recorder Approved as to form: ________________________________ City Attorney’s Office Date:____________________________ OWNER: By: _____________________________ Its: _____________________________ By: _____________________________ Its: _____________________________ 4/22/22 7 Exhibit “A” Legal description of the Properties: Tax ID: 15-13-478-035-0000 Address: A portion of 1948 South West Temple Beginning at the at the Northeast corner of Lot 19, Block 7, Five Acre “A” Big Field Survey and running thence West 192.70 feet; thence South 72.55 feet; thence East 192.70 feet; thence North 72.55 feet; to point of beginning. Tax ID No. 15-13-478-031-0000 Address: 1950 South West Temple Commencing 72.55 feet south from the Northeast corner of Lot 19, Block 7, Five Acre “A” Big Field Survey; and running thence South 71 feet; thence West 192.70 feet; thence North 71 feet; thence East 192.70 feet; to point of commencement.