Updated Ordinance - 9/27/2024
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SALT LAKE CITY ORDINANCE
No. _____ of 2024
(An ordinance amending the zoning of property located at approximately 754 S State Street from
D-2 Downtown Support District to D-1 Central Business District)
An ordinance amending the zoning map pertaining to property located at approximately
754 S State Street from D-2 Downtown Support District to D-1 Central Business District
pursuant to Petition No. PLNPCM2022-01109.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on March 22, 2023 to consider a petition by Tyler Buswell, counsel for the
property owner, to rezone ten parcels located at 754 S State Street (Tax ID Nos. 16-07-103-017-
0000, 16-07-103-001-0000, 16-07-103-002-0000, 16-07-103-003-0000, 16-07-103-004-0000,
16-07-103-008-0000, 16-07-103-009-0000, 16-07-103-010-0000, 16-07-103-011-0000, 16-07-
103-023-0000) (collectively, “Property”) from D-2 Downtown Support District to D-1 Central
Business District pursuant to Petition No. PLNPCM2022-01109; and
WHEREAS, at its March 22, 2023 meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; and
WHEREAS, at its September 25, 2024 meeting, the Planning Commission voted in favor
of transmitted a positive recommendation to the City Council on the accompanying development
agreement for the Property.
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:
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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” hereto shall be and
hereby is rezoned from D-2 Downtown Support District to D-1 Central Business District.
SECTION 2. Condition. The zoning map amendment set forth herein is conditioned
upon the owner(s) of the Property entering into the form of development agreement attached
hereto as Exhibit “B”.
SECTION 3. Effective Date. This ordinance shall become effective on the date of its
first publication. The Salt Lake City Recorder is instructed to not publish this ordinance until the
condition set forth in Section 2 is satisfied as certified by the Salt Lake City Planning Director or
his designee.
SECTION 4. Time. If the condition set forth in Section 2 has not been met within one
year after adoption of this ordinance, then this ordinance shall become null and void. The City
Council may, for good cause shown, extend the time period for satisfying the above condition by
resolution.
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________,
2024.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
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______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2024.
Published: ______________.
Ordinance rezoning 754 S State Street to D-1v2
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
September 27, 2024
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EXHIBIT “A”
Legal Description and Map of Property Subject to Zoning Map Amendment:
Parcel Tax ID Nos.
16-07-103-017
16-07-103-001
16-07-103-002
16-07-103-003
16-07-103-004
16-07-103-008
16-07-103-009
16-07-103-010
16-07-103-011
16-07-103-022
PARCEL 16-07-103-001-0000:
COMMENCING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 16, PLAT ''A'', SALT
LAKE CITY SURVEY AND RUNNING THENCE EAST 160 FEET; THENCE SOUTH 179
FEET; THENCE WEST 160 FEET; THENCE NORTH 179 FEET TO THE PLACE OF
BEGINNING.
PARCEL 16-07-103-004-0000:
BEGINNING AT THE NORTHEAST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT
LAKE CITY SURVEY AND RUNNING THENCE WEST 62.5 FEET; THENCE SOUTH 165
FEET; THENCE EAST 62.5 FEET; THENCE NORTH 165 FEET TO THE PLACE OF
BEGINNING.
PARCEL 16-07-103-008-0000:
PART OF LOTS 6 AND 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY, AND
COMMENCING 206.25 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 6, BLOCK
16, PLAT ''A'', SALT LAKE CITY SURVEY; THENCE WEST 82.5 FEET; THENCE SOUTH
41.25 FEET; THENCE EAST 105 FEET; THENCE NORTH 41.25 FEET; THENCE WEST
22.5 FEET TO THE PLACE OF BEGINNING.
PARCEL 16-07-103-009-0000:
COMMENCING AT A POINT 165 FEET SOUTH AND 44 FEET EAST OF THE
NORTHWEST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY
AND RUNNING THENCE SOUTH 57.75 FEET; THENCE WEST 27.5 FEET; THENCE
SOUTH 27.5 FEET; THENCE WEST 109 FEET; THENCE NORTH 85.25 FEET; THENCE
EAST 136.5 FEET TO THE PLACE OF BEGINNING.
PARCELS 16-07-103-017-0000, 16-07-103-010-0000, and 16-07-103-011-0000:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT
LAKE CITY SURVEY AND RUNNING THENCE SOUTH 49.5 FEET; THENCE WEST 165
FEET; THENCE NORTH 49.5 FEET; THENCE WEST 92.5 FEET; THENCE NORTH 79.75
FEET; THENCE EAST 109 FEET; THENCE NORTH 27.5 FEET; THENCE EAST 148.5
FEET; THENCE SOUTH 107.25 FEET TO THE PLACE OF BEGINNING.
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PARCEL 16-07-103-002-0000:
BEGINNING AT A POINT 160 FEET EAST OF THE NORTHWEST CORNER OF LOT 5,
BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 87.5
FEET; THENCE SOUTH 179 FEET; THENCE WEST 87.5 FEET; THENCE NORTH 179
FEET TO THE PLACE OF BEGINNING.
ALSO: BEGINNING AT A POINT 4 FEET WEST OF THE NORTHEAST CORNER OF LOT
6, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE WEST
78.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 78.5 FEET; THENCE NORTH 165
FEET TO THE PLACE OF BEGINNING.
ALSO: BEGINNING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT "A",
SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 37.5 FEET; THENCE
SOUTH 148.5 FEET; THENCE SOUTHWESTERLY 22.4 FEET TO A POINT 165 FEET
SOUTH AND 22.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7; THENCE
WEST 26.5 FEET; THENCE NORTH 165 FEET; THENCE EAST 4 FEET TO THE PLACE
OF BEGINNING.
PARCEL 16-07-103-003-0000:
BEGINNING 57.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7, BLOCK 16,
PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 45 FEET;
THENCE SOUTH 165 FEET; THENCE WEST 30 FEET; THENCE NORTHWEST 22.4
FEET, MORE OR LESS, TO A POINT 148.5 FEET SOUTH FROM THE POINT OF
BEGINNING; THENCE NORTH 148.5 FEET TO THE PLACE OF BEGINNING.
PARCEL 16-07-103-022-0000:
TRACT 1: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 16, PLAT
''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE NORTH 17 RODS; THENCE
WEST 10 RODS; THENCE NORTH 3 RODS; THENCE WEST 142.5 FEET; THENCE
NORTH 5 RODS; THENCE WEST 105 FEET; THENCE NORTH 68.5 FEET; THENCE
WEST 15 RODS; THENCE SOUTH 239 FEET; THENCE EAST 10 RODS; THENCE SOUTH
21 FEET; THENCE WEST 10 RODS; THENCE SOUTH 221 FEET; THENCE EAST 660
FEET TO THE PLACE OF BEGINNING.
TRACT 2: BEGINNING 165 FEET SOUTH FROM THE NORTHEAST CORNER OF LOT 6,
BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE EAST 22.5
FEET; THENCE SOUTH 41.25 FEET; THENCE WEST 105 FEET; THENCE NORTH 41.25
FEET; THENCE EAST 82.5 FEET TO THE BEGINNING.
TRACT 3: BEGINNING AT A POINT 88 FEET SOUTH FROM THE NORTHWEST
CORNER OF LOT 4, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING
THENCE SOUTH 21 FEET; THENCE EAST 165 FEET; THENCE NORTH 21 FEET;
THENCE WEST 165 FEET TO THE POINT OF BEGINNING.
PARCEL (S. Major St.):
PARCELS 3, 4, 5, 6, 7 AND 8 DESCRIBED ABOVE ARE TOGETHER WITH THE
FOLLOWING:
A RIGHT OF WAY IN COMMON WITH OTHERS: COMMENCING 37.5 FEET EAST
FROM THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY
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SURVEY AND RUNNING THENCE SOUTH 148.5 FEET; THENCE SOUTHWEST 22.5
FEET, MORE OR LESS, TO A POINT 142.5 FEET WEST AND 165 FEET NORTH FROM
THE SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 165 FEET; THENCE
EAST 50 FEET; THENCE NORTH 165 FEET; THENCE NORTHWEST 22.5 FEET, MORE
OR LESS, TO A POINT 107.5 FEET WEST AND 11 RODS NORTH FROM THE
SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 148.5 FEET; THENCE WEST
20 FEET TO THE PLACE OF BEGINNING.
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EXHIBIT “B”
WHEN RECORDED, RETURN TO:
Salt Lake City Corporation
Attn: Planning Director
451 S. State Street, Suite 406
Salt Lake City, Utah 84111
Tax Parcel Nos. 16071030020000, 16071030010000, 16071030230000, 16071030080000,
16071030170000, 16071030110000, 16071030100000, 16071030090000, 16071030040000,
16071030030000
DEVELOPMENT AND USE AGREEMENT
THIS DEVELOPMENT AND USE 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 IHC HEALTH SERVICES, INC, a Utah corporation
(“Developer”). City and Developer may be referred to herein collectively as “Parties.”
RECITALS
A. Developer is the owner of approximately 9 acres of land located at approximately
754 South State Street in Salt Lake City (the “Property”), which land is more particularly described
on the attached Exhibit “A”.
B. Developer submitted a petition to amend the zoning map with respect to a portion
of the Property to change the zoning from D-2 Downtown Support District to D-1 Central
Business District, as well as a text amendment to allow for certain hospital uses in the D-1
Central Business District (Petition No. PLNPCM2022-01109).
C. The Salt Lake City Planning Commission (“Planning Commission”) made a
positive recommendation to the Salt Lake City Council (“City Council”) on Developer’s petition
at its March 22, 2023 meeting.
D. At its September 25, 2024, meeting the Planning Commission made a positive
recommendation concerning the terms of this Agreement.
E. On ___________, 2024, the City Council voted to approve Developer’s petition
subject to Developer entering into this Agreement.
F. City, acting pursuant to its authority under the Municipal Land Use,
Development, and Management Act, Utah Code §§ 10-9a-101, et seq., as amended, and in
furtherance of its land use policies, goals, objectives, ordinances, and regulations of Salt Lake
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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. So long as the Property is used as a hospital and its accessory uses:
i.As calculated pursuant to Salt Lake City Code Section 21A.37.050,
the active ground floor uses of the buildings on the Property shall
total not less than 79% along State Street, 70% along Main Street,
60% along 800 South, and 50% along 700 South. The active
ground floor uses may include: gift shop, other retail goods and
services, café, salon, art therapy space, daycare, food truck
courtyard, open courtyard/walkways, reception/lobby, restaurant,
pharmacy, and other similar uses as determined by the Planning
Director, all of which count toward the percentages required in this
paragraph.
ii.Developer shall provide a minimum one acre of landscaped open
space generally located in the middle of the block (bordered by
State Street, 800 S, Main Street, and 700 S) with midblock
walkways providing access to at least three of the adjoining public
streets. Within the open space a minimum of 33% of the area shall
be covered by vegetation. Additionally, no less than 33% of the
open space shall be shaded by trees at maturation.
iii.Developer shall provide 150 linear feet of space along State Street
for an activated food truck/outdoor activity area that is open year-
round. This activity area shall include seating, tables, shade, and
perimeter landscaping that complies with the standards set forth in
Salt Lake City Code Section 21A.48.070. The food truck area will
be equipped with sufficient power such that generators shall not be
used or needed. Patrons to the food truck/outdoor activity area
shall be provided with access to restrooms on the Property during
the operating hours of the food truck/outdoor activity area.
iv.The parties acknowledge and agree that a hospital is not subject to
the maximum building façade length set forth in Salt Lake City
Code Chapter 21A.37.
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v.Driveways no wider than 100 feet may be installed along the 700
South and 800 South. Such driveways may not exceed more than 1
per block face.
vi.A sidewalk that is a minimum of 8 feet wide shall run parallel to
the driveway providing primary vehicle access to the emergency
room in order to afford pedestrian access to the interior of the
block.
vii.Developer shall install transparent glass for the active ground floor
uses provided in Section 2.a.i above that abut the public right of
way.
b. In the event that the Property is not used as a hospital and its accessory
uses the Property shall comply with all of the City’s regulations pertaining to the
D1 zoning district.
c. Developer shall provide public pedestrian access midblock walkways
along the routes approximately in the locations shown on Exhibit B on a form
approved by the City and recorded with the Salt Lake County Recorder.
d. All of the active ground floor uses on the Property shall have direct access
to the sidewalk or midblock walkways through doors that are open during
business hours.
e. Developer shall record this Agreement against the Property by filing this
Agreement with the Salt Lake County Recorder.
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.
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. This Agreement has been reviewed and revised by
legal counsel for both the City and Developer, and no presumption or rule that ambiguities shall
be construed against the drafting Party shall apply to the interpretation or enforcement of this
Agreement. Terms that are undefined in this Agreement shall be interpreted using the definitions
provided in Chapter 21A.62 of the Salt Lake City Code, or its successor.
6. Other Miscellaneous Terms. The singular shall include the plural; the
masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive.
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7. Covenants Running with the Land. The provisions of this Agreement shall
constitute real covenants, contract and property rights, and equitable servitudes, which shall run
with the land subject to this Agreement. The burdens and benefits of this Agreement shall bind
and inure to the benefit of each of the Parties, and to their respective successors, heirs, assigns,
and transferees. Developer 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
Developer. No other party shall be deemed a third-party beneficiary or have any rights under
this Agreement.
13. 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.
14. 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.
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
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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
specifically waives any claims against City related to disclosure of any materials required by
GRAMA.
[Signature Page to Follow]
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EFFECTIVE as of the _____ day of , 2024.
CITY:
ATTEST AND COUNTERSIGN: SALT LAKE CITY CORPORATION, a
municipal corporation of the State of Utah
By: _____________________________ By: _______________________________
Mayor Erin Mendenhall
Salt Lake City Recorder
STATE OF UTAH
COUNTY OF SALT LAKE
On this day of , 2024, personally appeared before me Erin Mendenhall,
who being by me duly sworn did say for herself, that she is the Mayor of SALT LAKE CITY
CORPORATION, a Utah municipal corporation that executed the foregoing instrument, and
the said Mayor duly acknowledged to me that said corporation executed the same.
____________________________________
Notary Public
Approved as to form:
________________________________
City Attorney’s Office
Date:____________________________
SIGNATURES CONTINUE ON FOLLOWING PAGE
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DEVELOPER:
By: _____________________________
Its: _____________________________
By: _____________________________
Its: _____________________________
STATE OF UTAH )
: ss.
County of _________)
On ____________________, personally appeared before me, ______________________, who
being by me duly sworn, did say that he executed the foregoing instrument as the
__________________ of _______________________, a ________________________, and said
person acknowledged to me that said _________________________ executed the same.
__________________________
NOTARY PUBLIC, residing in
___________ County, Utah
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EXHIBIT “A”
Legal description of Developer’s Property
[to be inserted]
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EXHIBIT “B”
Midblock Walkway Locations