Transmittal - 11/9/2023ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
Date Received: _________________ ________________________
Rachel Otto, Chief of Staff Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE:
Darin Mano, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: Avenues Restrictive Covenant
STAFF CONTACT: Krissy Gilmore, Senior Planner, kristina.gilmore@slcgov.com, 801-535-
7780
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Remove the restrictive covenant from the affected properties.
BUDGET IMPACT: None
BACKGROUND:
In April 2023 the property owner at 453 N C Street applied for a Lot Consolidation with the
intention of constructing an Accessory Dwelling Unit (ADU) in the rear yard. During the review
process, Planning Staff examined a restrictive covenant applied to their property and 17 other
properties, which prohibits the construction of detached ADUs. After considering the implications
for all 18 affected properties, Planning Staff consulted with the Attorney’s Office and decided to
pursue the removal of the restriction simultaneously for all properties instead of addressing them
individually.
DISCUSSION:
The restrictive covenant (Exhibit 2) was established in 1981 as part of the street closure of 8th Avenue
for the expansion of LDS Hospital (Ordinance 40 of 1981). As part of the street closure, as described
in the restrictive covenant, the Greater Avenues Community Council agreed it would not oppose the
11/07/2023
AS
rachel otto (Nov 9, 2023 08:59 MST)11/09/2023
11/09/2023
street vacation if other LDS Hospital owned properties
were subjected to a restrictive covenant guaranteeing
their continued residential use in conformity with the R-
2 zoning district that was in effect at that time. In 1995
during the City’s comprehensive zoning rewrite, the
affected properties were rezoned from R-2 to SR-1A.
Although Planning Staff was unable to locate the
specific correspondence from 1979 that outlined this
agreement, the City Recorder's Office found a separate
letter related to the closure of 8th Avenue from the
Greater Avenues Community Council regarding the
Historic Revolving Loan Fund (see Exhibit 3). This
letter provides some insight into the rationale behind the
request for the restrictive covenant. It explains that the
neighborhood would lose a total of 44 homes due to the
expansion of the hospital, and it is likely that they wanted to prevent further deterioration of the
neighborhood by imposing the restrictive covenant.
The restrictive covenant was primarily focused on limiting allowed uses. The list below shows the uses
currently allowed in the SR-1A zone that are prohibited due to the restrictive covenant. It is important
to note that just because a use is allowed, it does not mean that the properties will have a right to that
use. They must still meet the applicable zoning requirements associated with those specific uses and the
SR-1A zone.
-Accessory Dwelling Unit (permitted)
-Dwelling, Assisted Living Facility with limited capacity (2-5 individuals) (conditional)
-Dwelling, Congregate Care Facility (conditional)
-Dwelling, Group Home (conditional)
-Community Garden (conditional)
-Urban Farm (permitted)
-Daycare Center (conditional)
-In-home Daycare (permitted)
Because the properties are no longer owned by LDS Hospital, it seems the intent of the covenant
has been satisfied, which was likely to prevent them from either developing as part of the hospital
or selling to commercial use to support the hospital. Additionally, considering the adoption of the
ADU ordinance, which permits ADUs in the SR-1A zone, Planning Staff believes it may be
appropriate to remove the restriction. When the restrictive covenant was created, Salt Lake City
may not have anticipated that ADUs would be permitted in the future.
Map of the affected properties. See Exhibit 1 for a
larger scale map.
While SR-1A does permit, either by-right or through the conditional use process, some uses that
may have a commercial aspect, Planning Staff is of the opinion that the SR-1A zone aligns with
the intended purpose of the restrictive covenant to ensure residential use and low impact uses.
However, the Council may consider implementing a new restriction that prohibits the properties
from being rezoned to higher density zones or primarily commercial zoning districts to address
any concerns.
Greater Avenues Community Council Review
The Greater Avenues Community Council is listed as an interested party in the restrictive
covenant, and therefore, they must also vote to remove their interest in the covenant for it to be
effective. Planning Staff met with the GACC on September 13 and October 4, 2023 to discuss the
matter. The GACC ultimately voted to release their interest in the restrictive covenant at their
November 1, 2023 meeting.
Property Owner Notice
On May 24th Planning Staff sent a notice to all affected properties making them aware of the
covenant. The notice provided a 45-day comment period, after which Planning Staff would begin
the process of requesting the removal of the covenant. The notice stated that if we did not receive
a response, staff would move forward with the removal of the covenant based on the presumption
that the property owners had no objection.
Staff received responses from four property owners. Three in support of the removal (321 E 10th
Avenue, 267/271 9th Avenue, and 453 N C Street), and one against the removal. One call included
multiple property owners on the line, however, Planning Staff only feels comfortable stating that
the actual caller should be recorded as in support. The property owner at 339 E 10th Avenue is
against the removal due to zoning restrictions that would prohibit an ADU on their property.
EXHIBITS:
1) Map of Affected Properties and Addresses
2) Restrictive Covenant
3) 8th Avenue Street Closure Revolving Loan Fund Letter
4) Affected Property Owner Notice
5) Ordinance for Removal
EXHIBIT 1) Map of Affected Properties
D St
B St
C St
9th Ave
10th Ave
11th Ave
8th Ave
S a l l i e A v e
8th Ave
380
324
253
460
359
381
440
376
354
528
268
473
273 279
518
524
452
270
519
454
476
258
482
265
260
360 364354
266
288274280
531
390
340
418
252 338
386
532
524
374
374
324 328
267
518
514
508
502
253 257 263 333505 339337 367359357353
535
467
457
463
327 375
320304310278
518
321
528
511
474
368539
453
519
528
531
435
427
431
525
466
267 271
518
537
525
519
505
514
489
361 373369
464
367363273
469
479
475
377379
236
435
383
425
427
425
421
413
407
403
387
385
369
377
367
367359 381353
I
UI
II
I
SR-1A
SR-1A
SR-1A SR-1A
SR-1A
SR-1A
SR-1A R-MU-35
SR-1ASR-1A
SR-1A
Avenues Restrictive Covenant
¯
Sa lt Lake City Planning Division 7 /12 /20 23
De vel opmen t Ag re eme nts
De velop men t Ag reem ent s
Zoning Di stricts
FR-3 /12 ,00 0 Foot hills Re sid en tial
SR-1 A Sp ecial Deve lo pme nt Pa ttern Reside ntia l
R-M U-35 Re sid en tial/Mixed Use
I Inst itu tion al
UI Urb an Inst itu tion al
F St
G St
E St
B St
0 90 180 27045Feet
EXHIBIT 2) Restrictive Covenant
EXHIBIT 3) GACC Revolving Loan Fund Letter
,, . ·-·-..,..- --- , -----
. 'J,-~ {./'-......
("J ._¡ "' :·ro~--.- .... __... -...1.-..... ..• ,
-~---~· 4 ---- -r .. :::·:::·_:·;:·1-'~•:::.::::·_:.~: • :•• ;·· • .··- ... -jA: :·:·:·: .. :} --
AvTN U ESClfMMUNTfY-COUNCtt~--] C: GREATER
92S SeconJ /\venue
Salt Lake City, Utah, 84103
Member Salt Lake Association
of Corrrnunity Councils
December 28, 1979
Board of City Commissioners
City and County Building
Salt Lake City, Utah, 84111
Gentlemen:
The Greater Avenues Community Council respectfully requests that time
be scheduled during the January 2, 1980 hearing before you on the closure of
8th Avenue between C and D Streets, to present a related a compensatory petition.
Our Council has agreed to not oppose the closure of this street in exchange
for the guarantees offered by Intermountain Health Care which were enumerated
before you on December 19. Should you actually decide to close that street
there still remains a considerably important, unresolved detail.
The closure of 8th Avenue constitutes, in actuality, the sale of publicly-
owned property, to the benefit of a privately-owned institutio~The sale not
only constitutes a loss to Avenues' residents of the benefits derived from
the property, but the future institutional use of the property brings with it
a serious, negative impact on the Avenues Community.
We have already experienced many recent intrusions on our neighborhood.
Without belaboring the point, we mention the following losses:
Block Location Demolition PurEose
101 7th s 8th, B s e 7 homes Construction of Parking
Terrace
102 7th & 8th, e & D 12 homes Parking Lot
122 8th s 9th, D & E 5 homes Parking Lot
130 9th & 10th, c & D 10 homes Parking Lot
130 9th s 10th, C & D 10 homes Doctors Clinic
44 home total
As you can see this adds up to a loss of 44 homes to the purpose of
hospital expansion. The rezoning to RH and R2A of blocks 122 and 124 (to the
immediate west and east of the main hospital) will eventually bring the demoltion
of another 14 homes, for a total of 58. In addition, the closure of 8th Avenue
and the construction of a new hospital facility on Block 102 will mean the
demolition of 9 more homes--homes which we have requested be preserved, in front
of the new facility. We have been denied consideration for their preservation.
This, ;hen, adds up to a grand total of 67 homes.
The main point is that not only has the neighborhood sustained major losses
in the past, but that the sale of the 8th Avenue property for hospital use
•entails further neighborhood deterioration, and that this deterioration is a result
of the disposition of an asset that belongs to that neighborhood. In all
fai:rness the proceeds deriving from that sale ought to be used in a way which
would offer some compensation to that neighborhood for its loss ..
I
b o
...
We therefore petition the Commission to set up an Avenues' Captial •
Improvements and Neighborhood Preservation Fund to be created with the
proceeds from the sale of 8th Avenue. The fund would be used in two ways.
First, there have already been many attempts to acquire a revolving
fund specifically for purposes of historic preservation. This fund could
serve that purpose as well as the purpose of neighborhood preservation. When
homes are threatened, there would be an available source of revenue to secure
the endangered properties, attach preservation covenants to them, and
resell the properties on the open market.
Second, a portion of the money could be made available as a Capital
Improvements fund. We suggest that the major item needed is that of
hillside preservation.
Hopefully, the creation of a fund for these purposes will not only
help with needed improvements for the neighborhood, but will also contribute
to continuing good Neighborhood-Hospital relations.
Sincerely, /\
I ! \}~~.
-·········
Justin Stewart
Chairman
EXHIBIT 4) Property Owner Notice
NOTIFICATION OF A REQUEST
AFFECTING YOUR PROPERTY
May 24, 2023
RESPONSE REQUESTED
Dear Property Owner,
We would like to bring to your
attention a Restrictive
Covenant that has recently
come to the attention of Salt
Lake City Planning Staff. This
covenant affects your
property, as well as seventeen
others indicated on the map to
the right. The Restrictive
Covenant was recorded on
your property in 1981 and was
associated with the street
closure of 8th Avenue between
C and D Streets.
The covenant restricts the land
uses to those permitted in the
R-2 (Single and Two Family
Residential) zoning district in
effect in 1981. It is important
to note that in 1995, the city
conducted a comprehensive
revision of the zoning code, resulting in the rezoning of your property from R-2 to SR-1A
(Special Development Pattern Residential). Your property is currently subject to all the
restrictions imposed by the SR-1A zone, as well as any land use restrictions that existed
in the 1981 R-2 zone.
The most significant implication of this restriction is that you are prohibited from
constructing a detached accessory dwelling unit, due to the strict limitations found in
the 1981 R-2 zoning.
Planning Staff received interest from at least one affected property owner regarding the
removal of this restriction. To streamline the process, we would like to request the City
Council's consideration for the simultaneous removal of the restriction on all affected
properties.
The purpose of this notice is to inform you of the restriction and to inquire about your
preferred course of action for the removal of the restrictive covenant from your
property. Please contact me, Krissy Gilmore, at Kristina.Gilmore@slcgov.com or
801-535-7780 before July 8, 2023. After this date, we will begin processing the
request and schedule a briefing with the City Council. Subsequently, the City Council
will arrange a follow-up meeting to vote on the matter.
If we do not receive a response from you, we will assume that you agree to
include your property in the application for the removal of the restrictive
covenant.
Thank you for your attention to this matter.
Sincerely,
Krissy Gilmore
Senior Planner
Salt Lake City Planning Division
801-535-7780
Kristina.Gilmore@slcgov.com
EXHIBIT 5) Ordinance for Removal
SALT LAKE CITY ORDINANCE
No. _____ of 202_
(Relinquishing Salt Lake City’s interests in restrictive covenants on certain real property)
An ordinance relinquishing Salt Lake City’s interests as a beneficiary of restrictive
covenants on certain real property related to Ordinance 40 of 1981.
WHEREAS, In January 1980, the Salt Lake City Council (“City Council”) heard a
petition by Intermountain Health Care, Inc. (“IHC”) to close a portion of 8th Avenue between C
and D Streets to for IHC to acquire that portion of right-of-way to accommodate expansion of its
LDS Hospital property; and
WHEREAS, at the time, IHC owned 18 residential parcels adjacent to the hospital
property (the “Affected Properties”); and
WHEREAS, concerns were raised by property owners in the nearby community as well
as by the Greater Avenues Community Council concerning IHC’s expansion efforts that
residential dwellings had already been lost to prior LDS Hospital expansion and that further
expansion could result in additional loss of dwellings; and
WHEREAS, on May 19, 1981, the City Council passed Ordinance 40 of 1981, which
closed a portion of 8th Avenue between C and D Streets, but retained ownership thereof until
terms of a deed conveying the portion of right-of-way could be agreed upon; and
WHEREAS, the City Council made Ordinance 40 of 1981 effective 30 days following
publication of that ordinance; and
WHEREAS, to satisfy the requirements of the City Council and the wishes of the Greater
Avenues Community Council, IHC recorded a restrictive covenant (the “Restrictive Covenant”)
against the Affected Properties on September 18, 1981 (Salt Lake County Recorder Entry No.
3608995) in favor of Salt Lake City and the Greater Avenues Community Council, which
restrictive covenant limited the use of the Affected Properties to only single-family dwellings,
two-family dwellings, and any other uses allowed in the R-2 zoning district at that time; and
WHEREAS, in 1995, the City Council adopted a comprehensive amendment of the city’s
land use regulations, which effort also rezoned the Affected Properties from R-2 Single- and
Two-Family Residential District to SR-1A Special Development Pattern Residential District; and
WHEREAS, at the time the Restrictive Covenant was recorded, the R-2 Single- and Two-
Family Residential District prohibited accessory dwelling structures that could be used as a
dwelling; and
WHEREAS, in recent years, the City Council has amended Title 21A of the Salt Lake
City Code to allow accessory dwelling units in residential districts, including both the R-2
Single- and Two-Family Residential District and SR-1A Special Development Pattern
Residential District; and
WHERAS, IHC no longer owns any of the Affected Properties; and
WHEREAS, the City Council finds that the purposes of the Restrictive Covenant are no
longer necessary and the R-2 use restrictions applicable in 1981 have become inimical to the
city’s goals and policies in furtherance of creating more housing opportunities; 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. Relinquishing the City’s Interests in the Restrictive Covenants. The City
Council hereby declares the Restrictive Covenants no longer necessary and hereby relinquishes
Salt Lake City’s interests in the Restrictive Covenants. Recording this Ordinance against the
Affected Properties in the Salt Lake County Recorder’s Office shall be evidence of the city’s
forfeiture of rights in the Restrictive Covenants.
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________,
202_.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 202_.
Published: ______________.
Ordinance removing restrictive covenant related to Ord 40 of 1981
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
November 3, 2023
Signature:
Email:
Alejandro Sanchez (Nov 8, 2023 09:01 MST)
alejandro.sanchez@slcgov.com
Avenues Restrictive Covenant
Final Audit Report 2023-11-09
Created:2023-11-07
By:Aubrey Clark (aubrey.clark@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAjJgXDsXe70IVOjCFnXXIF87rkRwfKSEn
"Avenues Restrictive Covenant" History
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