081 of 2022 - Zoning Map Amendment and Master Plan Amendment 675 N F StreetSALT LAKE CITY ORDINANCE
No. 81 of 2022
(Amending the zoning of property located at 675 North F Street
from FR-3/12,000 Foothills Residential District to
SR-1 Special Development Pattern Residential District, and amending
the Avenues Community Master Plan Future Land Use Map)
An ordinance amending the zoning map pertaining to property located at 675 North F
Street from FR-3/12,000 Foothills Residential District to SR-1 Special Development Pattern
Residential District pursuant to Petition No. PLNPCM2020-00335 and amending the Avenues
Community Master Plan Future Land Use Map pursuant to Petition No. PLNPCM2020-00334.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on June 22,
2022 on an application submitted by Peter Gamvroulas (“Applicant”) to rezone property located
at 675 North F Street (Tax ID No. 09-30-455-021-0000) (the “Property”) from FR-3/12,000
Foothills Residential District to SR-1 Special Development Pattern Residential District pursuant
to Petition No. PLNPCM2020-00335, and to amend the Avenues Community Master Plan Future
Land Use Map with respect to the Property from Very Low Density to Low Density pursuant to
Petition No. PLNPCM2020-00334; and
WHEREAS, at its June 22, 2022 meeting, the planning commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council on said applications, subject
to conditions to prohibit accessory buildings in rear yards along the west most property line and
require a minimum 30' setback for second levels of homes along the west most property line; and
WHEREAS, after a public hearing on this matter the city council has determined that
adopting this ordinance 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 Property identified on Exhibit “A” attached hereto shall be
and hereby is rezoned from FR-3/12,000 Foothills Residential District to SR-1 Special
Development Pattern Residential District, subject to the condition identified in Section 3 herein.
SECTION 2. Amending the Avenues Community Master Plan. The Future Land Use
Map of the Avenues Community Master Plan shall be and hereby is amended to change the
future land use designation of the Property identified in Exhibit “A” from Very Low Density to
Low Density, subject to the conditions identified in Section 3 herein.
SECTION 3. Conditions. The zoning map amendment and master plan amendment that
are the subject of Petition Nos. PLNPCM2020-00335 and PLNPCM2020-00334 described
herein are conditioned upon Applicant entering into a development and use agreement with the
city to be recorded as against the property, which agreement shall include the following
requirements for development and use of the Property:
1. Accessory buildings shall not be allowed in rear yards located along the west-most
property line of the subject property.
2. Where the west-most property line is a rear or side property line, the second levels of
any homes located along that rear or side property line shall be setback at least 30' from
the corresponding rear or side property line.
3. Accessory dwelling units within the Property may not be used for short term rentals
(rentals of periods less than 30 days).
4. The open space area shown on draft development plans submitted to the Planning
Commission and City Council shall generally be accessible to the community, with the
homeowners’ association or other entity responsible for managing the common area
establishing rules regarding the use and hours of availability as it prefers.
5. The city’s building approval and permitting process will be followed for construction
of retaining walls on the Property.
SECTION 4. 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 publish or record this ordinance until the condition identified above has been
met as acknowledged by the director of the Salt Lake City Planning Division.
SECTION 5. Time. If the condition identified above has not been met within one year
after adoption, this ordinance shall become null and void. The city council may, for good cause
shown, by resolution, extend the time period for satisfying the condition identified above.
Passed by the City Council of Salt Lake City, Utah, this 13th day of December, 2022.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. _81__ of 2022.
Published: ______________.
Ordinance amending zoning and MP 675 N F Street (12.19.22)
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
Paul Nielson (Dec 21, 2022 13:11 MST)
Dec 21, 2022
Daniel Dugan (Dec 21, 2022 14:02 MST)
Dec 21, 2022
Erin Mendenhall (Dec 22, 2022 15:48 MST)
4
EXHIBIT “A”
Legal Description of Property to be Rezoned
and Subject to Avenues Master Plan Future Land Use Map Amendment:
675 North F Street
Tax ID No. 09-30-455-021-0000
LOT 1, CAPITOL PARK AVENUE EXTENSION SUBDIVISION.
Ordinance 81 of 2022 Zoning Map Amendment
and Master Plan Amendment 675 N F Street
Final Audit Report 2022-12-27
Created:2022-12-21
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAvplsm5B_w1wOtZA0unlj5ICZGARO9p5O
"Ordinance 81 of 2022 Zoning Map Amendment and Master Pla
n Amendment 675 N F Street" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2022-12-21 - 4:28:22 PM GMT
Document emailed to Paul Nielson (paul.nielson@slcgov.com) for signature
2022-12-21 - 4:30:40 PM GMT
Email viewed by Paul Nielson (paul.nielson@slcgov.com)
2022-12-21 - 8:11:20 PM GMT
Document e-signed by Paul Nielson (paul.nielson@slcgov.com)
Signature Date: 2022-12-21 - 8:11:30 PM GMT - Time Source: server
Document emailed to Daniel Dugan (daniel.dugan@slcgov.com) for signature
2022-12-21 - 8:11:32 PM GMT
Email viewed by Daniel Dugan (daniel.dugan@slcgov.com)
2022-12-21 - 9:02:45 PM GMT
Document e-signed by Daniel Dugan (daniel.dugan@slcgov.com)
Signature Date: 2022-12-21 - 9:02:58 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2022-12-21 - 9:02:59 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-12-21 - 9:13:05 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2022-12-22 - 10:48:28 PM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2022-12-22 - 10:48:38 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2022-12-22 - 10:48:40 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2022-12-27 - 10:03:40 PM GMT - Time Source: server
Agreement completed.
2022-12-27 - 10:03:40 PM GMT
MEMORANDUM
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
To: Cindy Lou Trishman, City Recorder
From: Nick Norris, Planning Director
Date: August 17, 2023
Re: Ordinance 81 of 2022 — Conditions Certification
Notice is hereby given that the conditions identified in Ordinance 81 of 2022, pertaining to property
at 675 N F Street, have now been satisfied and the City Recorder is instructed to publish and record
the ordinance.
Sincerely,
Nick Norris
Planning Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757
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08/16/2023 03:07 PM By: Mwestergard Fees: p .00
Rashelle Hobbs,Reeorder, Salt Lake County, Utah
Return To: SL CITY PLANNING
PO BCX 145480 SALT LAKE
^ CITY,
`'UuT84114
WHEN RECORDED, RETURN TO: ,III K V2 M1111A`t 4■ IM, N 10110111111
ATTN Planning Director
Salt Lake City Corporation
PO BOX 145480
Salt Lake City, Utah 84114-5480
DEVELOPMENT AND USE AGREEMENT
THIS DEVELOPMENT AND USE AGREEMENT (this "Agreement") is made and
entered into by and between SALT LAKE CITY CORPORATION, a political subdivision of
the State of Utah ("City") and Ivory Development, LLC ("Developer"). City and Developer may
be referred to herein collectively as "Parties."
RECITALS
A. Developer is the owner of approximately 3.22 acres of land located at 675 North F
Street in Salt Lake City (the "Property"), which land is more particularly described on the attached
Exhibit "A" and incorporated herein by this reference.
B. Developer submitted an application to amend the zoning map regarding the
Property to rezone the Property from FR-3/12,000 Foothills Residential District to SR-1 Special
Development Pattern Residential District (Petition No. PLNPCM2020-00335) and to amend the
Avenues Community Master Plan Future Land Use Map with respect to the Property from Very
Low Density to Low Density (Petition No. PLNPCM2020-00334).
C. Developer intends to develop the Property with single-family dwellings, some of
which may include an internal accessory dwelling unit (as that term is defined and applied in
Utah Code Chapter 10-9a).
D. The Salt Lake City Planning Commission heard this matter on June 22, 2022 at
which the commission voted in favor of forwarding a positive recommendation on the petition to
the Salt Lake City Council.
E. The Salt Lake City Council held a public hearing on this petition on November
10, 2022 and at its December 13, 2022 meeting voted to approve Ordinance 81 of 2022, which
approved Developer's petition to rezone the Property and amend the Avenues Community
Master Plan, subject to Developer entering into a development and use agreement with the City
to ensure development and use of the Property occurs in a manner consistent with City goals and
policies and that respects unique circumstances regarding the Property. This Agreement satisfies
that the condition of that ordinance.
F. City, acting pursuant to its authority under the Municipal Land Use,
Development, and Management Act, Utah Code Chapter 10-9a as amended, and in furtherance
of its land use policies, goals, objectives, ordinances, and regulations of Salt Lake City, in the
exercise of its legislative discretion, has elected to approve and enter into this Agreement.
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and in reliance on the foregoing recitals, City and Developer agree as follows:
1. Incorporations of Recitals. The Parties hereby incorporate the foregoing recitals
into this Agreement.
2. Obligations of the Parties.
a. Developer's Obligations. Development and use of the Property shall comply
with the following requirements:
Accessory buildings shall not be allowed in rear yards along the westernmost
property line of the Property.
ii. Where the westernmost property line of a lot is a rear or side property line, the
second levels of any homes located along that rear or side property line shall
be setback at least 30 feet from the corresponding rear or side property line.
iii. Accessory dwelling units on the Property shall not be used as short-term
rentals.
iv. Any open space areas located along Capitol Park Avenue or F Street shall
generally be accessible to the community at large, with the homeowners'
association or other entity responsible for managing the common area
establishing rules regarding the use and hours of availability as it prefers.
V. The city's building approval and permitting process will be followed for
construction of retaining walls on the Property
b. City's Obligations: Following recording of this Agreement against the Property,
the City shall cause Ordinance 81 of 2022 to be published within 14 days of
Developer providing proof to the City that the Agreement has been recorded. The
City is further obligated to issue all necessary permits and certificates of
occupancy for development of the Property that meet all requirements of law and
satisfy Developer's obligations under this Agreement.
3. 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.
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4. Other Necessary Acts. Each Party shall execute and deliver to the other any
further instruments and documents as may be reasonably necessary to carry out the objectives
and intent of this Agreement.
5. Construction/Interpretation. Developer has been informed that it is customary
to consult legal counsel in the preparation and negotiation of the terms of development
agreements. Developer has either done so or chosen not to. Should litigation arise from any
breach of this Agreement, the Parties agree that 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. Runs with the Land. This Agreement and the covenants and restrictions herein
are binding and run will the land during the Term, 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 shall remain subject to the terms, conditions, restrictions and provisions set forth
herein. In keeping with the foregoing, the term "Developer", 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 any other holders of interests in and to any portion of the Property. City shall be
deemed a beneficiary of such Agreement, covenants, and restrictions, and in the event of any
uncured default, shall have the right to exercise all the rights and remedies, and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of such default
to which beneficiaries of such covenants may be entitled.
8. Term and Termination. This Agreement includes covenants, conditions, and
restrictions regarding the development and use of Developer's Property, which shall run with the
land in perpetuity. The covenants, conditions, and restrictions may only be modified or
terminated with the express authorization of the Salt Lake City Council following the same
processes required to amend the zoning map and applicable master plan.
9. 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.
10. 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.
11. Utah Law. This Agreement shall be construed and enforced in accordance with
the laws of the State of Utah.
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12. 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.
13. No Third -Party Beneficiaries. This Agreement is between the City and
Developer. No other party shall be deemed a third -party beneficiary or have any rights under
this Agreement.
14. Force Maieure. 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.
15. 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 Developer.
16. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY
OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES.
Developer 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
Developer 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 Developer. Any materials for which Developer claims a privilege from
disclosure shall be submitted marked as "Business Confidential" and accompanied by a concise
statement of reasons supporting Developer's claim of business confidentiality. City will make
reasonable efforts to notify Developer of any requests made for disclosure of documents
submitted under a claim of business confidentiality. Developer may, at Developer's sole
expense, take any appropriate actions to prevent disclosure of such material. Developer
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specifically waives any claims against City related to disclosure of any materials required by
GRAMA.
[Signature Page to Follow]
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4EFFECTIVE as of the � day of _ - 202.
APPROVED AS TO FORM:
Salt Lak i o y's Office
�-
Plil Nielson, for City Attorney
ATTEST:
Salt L City Recorder's O ce
�C�t ec rder. V. .
Minutes & Records Clerk
`
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE )
CITY:
SALT LAKE CITY CORPORATION, a Utah
municipal corporation
Erin Mendenhall, �r
.RECORDED
AUG 10 2023
CITY RECORDER
This instrument was acknowledged before me this ��' 202,/?, by Erin Mendenhall,
Mayor of Salt Lake City Corporation, a Utah municipal corporation.
WITNESS my hand and official seal.
Nolan v Public
APRIL PArrERSON
Notary Public - State of Utah
Comm. No. 729148
My Commission Expires on
Feb 1, 2027
In
0
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DEVELOPER:
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STATE OF �� �T §
COUNTY
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This instrument was acknowledged before me on the 21 day of J�-`�
(lQ\S'it7P►-Ff(LP,_ -ramU, an individual.
WITNESS official seal. o.
PETER STEVEN GAMVROULAS
HOTARYFURM SDUE OFUTAH
COMMISSION# 722444
Not is ' ..,. COMM. EXP. 01.%2026
202'% by
7
14141665 B: 11438 P: 9176 Page 7 of 8
EXHIBIT "A"
Legal description of Developer's Property located at 675 North F Street:
675 North F Street
Tax ID No. 09-30-455-021-0000
LOT 1, CAPITOL PARK AVENUE EXTENSION SUBDIVISION.
8
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