026 of 2022 - Rezone and Master Plan Amendment at 1950 S West Temple and 1948 S West TempleSALT 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
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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.
17th May
Dan Dugan (May 25, 2022 10:34 MDT)
Dan Dugan
May 25, 2022
4
Cindy Trishman (Jun 2, 2022 13:21 MDT)
CITY RECORDER
(SEAL)
Bill No. of 2022. ----Published:
MAYOR
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date:
Attorney Hannah Vickery, Senior City Attorney
26
Erin Mendenhall (Jun 2, 2022 11:10 MDT)
Cindy Trishman (Jun 2, 2022 13:21 MDT)
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 hereinafter
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 Agreement.
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 fee 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, labor 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 City 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]
EFFECTIVE as of the _day _ of ______ _, .
ATTEST:
By: -------------
Salt Lake City Recorder
Approved as to form:
City Attorn
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Date: --������+------6 CITY:
SALT LAKE CITY CORPORATION, a
municipal corporation of the State of Utah
By: --------------Mayor Erin Mendenhall
OWNER:
By:-----------
Its: -------------
By: -------------
Its: -------------
Ordinance 26 of 2022 Rezone and Master Plan
Amendment at 1950 S West Temple and 1948
S West Temple
Final Audit Report 2022-06-02
Created:2022-05-24
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAATQm3pnC3k38eN--yYCqh1Cl10beSbDEQ
"Ordinance 26 of 2022 Rezone and Master Plan Amendment at
1950 S West Temple and 1948 S West Temple" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2022-05-24 - 3:53:53 PM GMT
Document emailed to Hannah Vickery (hannah.vickery@slcgov.com) for signature
2022-05-24 - 3:59:54 PM GMT
Email viewed by Hannah Vickery (hannah.vickery@slcgov.com)
2022-05-24 - 6:05:01 PM GMT
Document e-signed by Hannah Vickery (hannah.vickery@slcgov.com)
Signature Date: 2022-05-24 - 6:09:18 PM GMT - Time Source: server
Document emailed to Dan Dugan (daniel.dugan@slcgov.com) for signature
2022-05-24 - 6:09:22 PM GMT
Email viewed by Dan Dugan (daniel.dugan@slcgov.com)
2022-05-24 - 8:25:27 PM GMT
Document e-signed by Dan Dugan (daniel.dugan@slcgov.com)
Signature Date: 2022-05-25 - 4:34:28 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2022-05-25 - 4:34:32 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-05-26 - 2:59:53 AM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-05-27 - 5:57:47 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-05-29 - 6:08:20 AM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-05-30 - 3:53:36 AM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-05-31 - 1:59:58 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-06-01 - 4:50:17 AM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-06-02 - 5:40:37 AM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2022-06-02 - 5:10:55 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2022-06-02 - 5:10:58 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2022-06-02 - 7:21:55 PM GMT - Time Source: server
Agreement completed.
2022-06-02 - 7:21:55 PM GMT
April 11, 2023
MEMORANDUM
TO: Cindy Lou Trishman,
City Recorder
FROM: Nick Norris
Salt Lake City Planning Director
SUBJECT: Ordinance – Conditions Certification
Notice is hereby given that the conditions identified in
Ordinance 026 of 2022 have now been satisfied and the City
Recorder is instructed to publish and record the ordinance.
Sincerely,
________________________
Nick Norris
Salt Lake City Planning Director
Ordinance 26 of 2023 - Conditions Met
Final Audit Report 2023-04-11
Created:2023-04-11
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAUbG9XWcgb_x8zxTkU-NN49xzHAntSyVv
"Ordinance 26 of 2023 - Conditions Met" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2023-04-11 - 10:17:26 PM GMT
Document emailed to Nick Norris (nick.norris@slcgov.com) for signature
2023-04-11 - 10:20:46 PM GMT
Email viewed by Nick Norris (nick.norris@slcgov.com)
2023-04-11 - 10:55:47 PM GMT
Document e-signed by Nick Norris (nick.norris@slcgov.com)
Signature Date: 2023-04-11 - 10:55:57 PM GMT - Time Source: server
Agreement completed.
2023-04-11 - 10:55:57 PM GMT
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