029 of 2022 - Zoning Map Amendment at 550 S 600 E Western GardensSALT 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:
29
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
7th June
Dan Dugan (Jun 13, 2022 09:45 MDT)
Dan Dugan
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
29
Jun 13, 2022
Jun 13, 2022
Erin Mendenhall (Jun 14, 2022 14:49 MDT)
4
Cindy Trishman (Jun 14, 2022 17:50 MDT)
Cindy Trishman (Jun 14, 2022 17:50 MDT)
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”
May 24, 2023
MEMORANDUM
TO: Cindy Lou Trishman,
City Recorder
FROM: Nick Norris
Planning Director
SUBJECT: Ordinance certification
Notice is hereby given that the conditions identified in
Ordinance 29 of 2022 have now been satisfied and
the City Recorder is instructed to publish and record the
ordinance with the Salt Lake County Recorder.
Sincerely,
eick Norris
Planning Director
14105824 8: 11419 P: 3357 Total Pages: 8
05/16/2023 09:52 AEI By: adavis Fees: 0.00
Rashelle Hobbs Recorder, Salt Lake County, Utah
Return Ta: 5L 01�Y PLANNING
PO BOA 1454BO ATTN LEX TRPUGHBER 5AL1 LAKE CITY, UT 84114
■III ri P%W:11&KV W MUMPi 11111
WHEN RECORDED, RETURN TO:
david.schupick@slcgov.com
Salt Lake City Corporation
Attn: Planning Director
451 S. State Street, Suite 406
Salt Lake City, Utah 84111
DEVELOPMENT AGREEMENT AND DEED RESTRICTIONS
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 in the exercise of its
legislative discretion, following all necessary public hearings and procedures has elected to amend
the zoning map to rezone the property from CN Neighborhood Commercial District to FB-UN2
Form Based Urban Neighborhood District, upon the execution and recordation 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 Renuirements. Owner agrees to construct and maintain
through the life of any multifamily residential project the minimum parking stalls based on the
following ratios:
a. %z space per one bedroom units, and
b. i space per 2 or more bedroom units.
3. Deed Restrictions.
a. Owner agrees that any future redevelopment of the property will be
setback 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 and
Deed Restriction in the real property records of Salt Lake County, Utah on
(Date) at Entry Nos. and
3. Recordation of Ordinance. In exchange for Owner's promised adherence to the
deed restrictions as set forth in Section 3 and the residential parking requirements as set forth in
Section 2, the City shall publish and record an ordinance rezoning the Property from CN
Neighborhood Commercial District to FB-UN2 Form Based Urban Neighborhood District.
2
14105824 B: 11419 P: 3358 Page 2 of 8
4. 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.
S. Construction/Interaretation. 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.
6. Other Miscellaneous Terms. The singular shall include the plural; the
masculine gender shall include the feminine; "shall" is mandatory; "may" is permissive.
7. Covenants Running with the Land. This Agreement shall be recorded in the
Office of the Salt Lake County Recorder against the Property and is intended to and shall be
deemed to run with the land and shall be binding on all successors in ownership and
development of any portion of the Property. Owner shall record this Agreement against the
Property with the Salt Lake County Recorder.
8. 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.
9. 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.
10. Utah Law. This Agreement shall be construed and enforced in accordance with
the laws of the State of Utah.
11. 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.
12. 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.
14105824 13: 11419 P: 3359 Page 3 of 8
13. Force Maieure. No liability or breach of this Agreement shall result from dclay
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, Iabor 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.
14. Entire Agreement. Counteruarts 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
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
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.
17. 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 elaims 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 solo expense, take any appropriate
4
14105824 B: 11419 P: 3360 Page 4 of 8
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]
14105824 6: 11419 P: 3361 Page 5 of 8
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,
7
14105824 B: 11419 P: 3362 Page 6 of 8
EFFECTIVE as of the � day of. _J [ "
APPROVED AS TO FORM:
;ullNielso
4,e
y's Office
C
or City Attorney
ATTEST:
Sal
t Lake City Recorder's Office
City Recorder
Minutes & Records Clerk
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE )
CITY:
, 202 3
SALT LAKE CITY CORPORATION, a Utah
municipal corporation
Erin Mendenhall, Mayor 1
RECORDED
MAY 10 2023
CITY RECORDER
This instrument was acknowledged before me this '9 AtA-'l , 202_? by Erin Mendenhall,
Mayor of Salt Lake City Corporation, a Utah municipal corpo ation.
WITNESS my hand and official seal.
qN
�J! /b is T
APRIL PATTERSON
Public • �t'" of Utah
(Notary
Comm. No, 729148
My Comin1ssiad Expires on
Feb 1, 2027
14105824 B: 11419 P: 3363 Page 7 of 8
OWNER:
Its: z?
STATE OF LAW-1
COUNTY OF
This instrument was acknowledged before me on the A day of , 2421, by
LM C- , ,. 0n , an individual.
WITNESS my hand and official seal.
Notary Public
ourrNE SZW"
�s Notary Public • State or Utah
Comm, No. 726103
llky Commission Expires on
' " � Ayf i, 2026
VA
14105824 B: 11419 P: 3364 Page 8 of 8
Ordinance 29 of 2022 Zoning Map Amendment
at Western Gardens 550 South 600 East
Final Audit Report 2022-06-14
Created:2022-06-09
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAA-bj4BLJqVNFuXQpVP5D6AtGP9upMxhxl
"Ordinance 29 of 2022 Zoning Map Amendment at Western Gar
dens 550 South 600 East" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2022-06-09 - 7:17:09 PM GMT
Document emailed to Hannah Vickery (hannah.vickery@slcgov.com) for signature
2022-06-09 - 7:20:21 PM GMT
Email viewed by Hannah Vickery (hannah.vickery@slcgov.com)
2022-06-13 - 3:03:03 PM GMT
Document e-signed by Hannah Vickery (hannah.vickery@slcgov.com)
Signature Date: 2022-06-13 - 3:06:59 PM GMT - Time Source: server
Document emailed to Dan Dugan (daniel.dugan@slcgov.com) for signature
2022-06-13 - 3:07:01 PM GMT
Email viewed by Dan Dugan (daniel.dugan@slcgov.com)
2022-06-13 - 3:44:41 PM GMT
Document e-signed by Dan Dugan (daniel.dugan@slcgov.com)
Signature Date: 2022-06-13 - 3:45:00 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2022-06-13 - 3:45:02 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-06-14 - 4:27:11 AM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2022-06-14 - 8:49:44 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2022-06-14 - 8:49:46 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2022-06-14 - 11:50:39 PM GMT - Time Source: server
Agreement completed.
2022-06-14 - 11:50:39 PM GMT