HomeMy WebLinkAboutUpdated Ordinance - 2/20/2024SALT LAKE CITY ORDINANCE
No. of 2024
(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 l 981, which
closed a portion of 81h 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 -IA 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 21 A 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-lA Special Development Pattern
Residential District; and
WHEREAS, 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 opportunities1; 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
' Likewise, the Greater Avenues Community Council is no longer interested in maintaining the Restrictive
Covenant. See Exhibit A.
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
2024.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2024.
Published:
Ordinance removing restrictive covenant related to Ord 40 of 198lv2
day of
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date: February 14, 2024
By:
Katherine D. Pas �ertyAttorney
Exhibit A
E N U E S
Greater Avenues Community Council
December 6, 2023
To Whom It May Concern:
Chair: Merrilee Morgan
768 E 1111 Avenue,
Salt Lake City, Utah 84103
merrilee.morgan@southbysrealty.com
M 801.913.4046
This letter serves as formal notification that The Greater Avenues Community Council (GACC)
relinquishes its interests in the restrictive covenant on 18 properties in the vicinity of LDS Hospital.
To satisfy the requirements of the City Council and the wishes of the Greater Avenues
Community Council, IHC recorded a restrictive covenant against the Affected Properties on
September 18, 1981 (Salt Lake County Recorder Entry No. 3608995). This 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.
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 -IA Special Development Pattern Residential District. 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.
In recent years, the City Council has amended Title 2 1 A 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 -IA Special Development Pattern Residential District. These
properties fall into the R-2 zoning district. IHC no longer owns any of the Affected Properties.
After a presentation and discussion on this matter at our October 4, 2023 GACC Community
Meeting and a vote held at the November 1, 2023 GACC Community Meeting the Greater
Avenues Community Council has determined that this restrictive covenant is no longer
necessary. We therefore release our interest in this restrictive covenant and urge the City Council
to do the same.
The vote to release the Greater Avenues Community Council interest in the Restrictive Covenant
passed by with a vote of 46 in favor, 7 opposed and 1 abstention.
Sincerely,
Merrilee Morgan, Chair
Greater Avenues Community Council represents these Salt Lake City neighborhoods:
Arlington Hills, Canyon Road, Eastern Avenues, Ensign- LDS Hospital, Federal Heights,
Lindsey Gardens, Mid -East Avenues, Mid -West Avenues, Northcrest