Loading...
Updated Ordinance - 6/7/2022SALT LAKE CITY ORDINANCE No. _____ of 2022 (Amending the zoning of the property located at 550 South 600 East Street from CN Neighborhood Commercial District to FB-UN2 Form Based Urban Neighborhood District) An ordinance amending the zoning map pertaining to the property located at 550 South 600 East Street from CN Neighborhood Commercial District to FB-UN2 Form Based Urban Neighborhood District pursuant to Petition No. PLNPCM2021-00420. WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 8, 2021 on an application submitted by Tyler Morris, Cottonwood Residential, to rezone the property located at 550 South 600 East Street (Tax ID No. 16-06-476-029) (the “Property”) from CN Neighborhood Commercial District to FB-UN2 Form Based Urban Neighborhood District pursuant to Petition No. PLNPCM2021-00420; and WHEREAS, in addition to the underlying CN Neighborhood Commercial District zoning, the Property is further zoned with an overlay zoning designation of Historic Preservation Overlay District; and WHEREAS, at its December 8, 2021 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on said petition; 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; and WHEREAS, the City Council desires to retain the overlay designation of Historic Preservation Overlay District and nothing contained herein should be construed to remove that existing designation. 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 Property identified on Exhibit “A” attached hereto shall be and hereby is rezoned from CN Neighborhood Commercial District to FB-UN2 Form Based Urban Neighborhood District. SECTION 2. Conditions. The approval of this ordinance is conditioned upon the following: 1. The owner of the Property entering into the Development Agreement attached as Exhibit “B,” with Salt Lake City. SECTION 3. Execution of Development Agreement. The City Council hereby approves and directs the Mayor to execute and countersign the Development Agreement attached as Exhibit “B.” SECTION 4. 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 5. 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 5/31/22 EXHIBIT “A” Legal Description for the Property to be Rezoned: Address: 550 S.600 East Tax ID No. 16-06-476-029 1011 S 6.5 RDS OF LOT 7 & ALL LOT 8 BLK 24 PLAT B SLC SUR ALSO COM AT NW COR SD LOT 7 E 10 RDS S 3.5 RDS W 10 RDS N 3.5 RDS 5429-2544 5520-0002 8498-3111 8498-3108 THRU 3110 9524-5493 Contains 99,317 sq feet or 2.28 acres more or less. EXHIBIT “B” WHEN RECORDED, RETURN TO: Salt Lake City Corporation Attn: Planning Director 451 S. State Street, Suite 406 Salt Lake City, Utah 84111 ______________ ______________ ______________ ______________ DEVELOPMENT AGREEMENT THIS DEVELOPMENT 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 Clayton Properties I, 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 2.3 acres of land located at 550 South 600 East in Salt Lake City (the “Property”), which land is more particularly described on the attached Exhibit “A” which is attached hereto and incorporated by reference. B. Owner submitted a petition to amend the zoning map with respect to the Property to change the zoning from CN Neighborhood Commercial District to FB-UN2 Form Based Urban Neighborhood District, pursuant to Petition No. PLNPCM2021-00420 (the “Petition”). C. Owner desires to proceed with redevelopment of the Property into a multifamily residential project. D. The City desires to ensure that the multifamily residential project has sufficient parking and that the redevelopment of the Property has a sufficient setback from the abutting existing residential properties on the western property boundary. E. The City, acting pursuant to its authority under Utah Code Ann. §§10-9a-101, et. seq., has made certain determinations with respect to the Petition and as a condition of the City exercising its legislative discretion and publishing and recording the ordinance amending the zoning map to rezone the Property from CN Neighborhood Commercial District to FB-UN2 Form 2 Based Urban Neighborhood District, upon the execution and recordation of this Agreement. Owner has agreed to construct and maintain a minimum number of parking stalls for any multifamily residential project and restricting any redevelopment of the Property in accordance with 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 recitals into this Agreement. 2. Residential Parking Requirements. Owner agrees to construct and maintain through the life of any multifamily residential project the minimum parking stalls based on the following ratios: a. ½ space per one bedroom units, and b. 1 space per 2 or more bedroom units. 3. Restrictions. a. Owner agrees that any future redevelopment of the property will be set back a minimum of 25 feet from the western Property boundary that abuts existing residential currently located in the SR-3 zoning district. b. Each deed of conveyance of all or part of the Property shall include the following deed restriction: i. Owner shall include the following deed restriction in each and every deed of original conveyance of all or part of the Property, and each deed of conveyance thereafter shall include the same: ii. The Property is subject to the Development Agreement in the real property records of Salt Lake County, Utah on _____ (Date) at Entry Nos.__________ and _______. 4. Recordation of Ordinance. In exchange for Owner’s promised adherence to the restrictions as set forth in Section 3 and the residential parking requirements as set forth in Section 2, concurrent with recording this Agreement at the Office of the Salt Lake County 3 Recorder, the City shall publish and record an ordinance rezoning the Property from CN Neighborhood Commercial District to FB-UN2 Form Based Urban Neighborhood District. 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 the Owner fails to comply with the residential parking requirements as set forth in Section 2 or the restrictions as set forth in Section 3 or any other material provision of this Agreement (“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 be 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 Agreement and the restrictions set forth herein are binding upon and shall run with the Property, 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 any improvements thereon 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 Property and/or Developer Improvements and any other holders of 4 interests in and to any portion of the Property and/or 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 remedies, 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 indirectly, 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: Exhibit “A”- Legal Description for the Property 5 18. 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 employee or former City officer or employee, or his or her relative or business 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 purpose 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. 19. GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT. City is subject to the 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 exempt 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: _____________________________ 7 EXHIBIT “A” Legal Description for the Property Address: 550 S.600 East Tax ID No. 16-06-476-029 1011 S 6.5 RDS OF LOT 7 & ALL LOT 8 BLK 24 PLAT B SLC SUR ALSO COM AT NW COR SD LOT 7 E 10 RDS S 3.5 RDS W 10 RDS N 3.5 RDS 5429-2544 5520-0002 8498-3111 8498-3108 THRU 3110 9524-5493 Contains 99,317 sq feet or 2.28 acres more or less.