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057 of 2002 - rezoning property located at 1146 South 900 East 0 02-1 P 02-10 8965671 "1 02124/2004 08:27 Ail NO FEE Book - 8949 p - -11 GARY WOtt SALT LAKE CITY ORDINANCE RE.CO�RD.ER, `SALT r AKE COUNTY, UTAH No. 57 of 2002 BY: Zia DEPUTY - WI 5 r, (Rezoning property located at 1146 South 900 East) AN ORDINANCE REZONING PROPERTY LOCATED AT 1146 SOUTH 900 EAST FROM RESIDENTIAL (R-1-5000) TO INSTITUTIONAL (I),PURSUANT TO PETITION NO. 400-01-44. WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing, and demographic details of the area, long range general plans of the City, and any local master plan as part of its deliberations. Pursuant to those deliberations, the City Council has concluded that the proposed change of zoning for the property located at 1146 South 900 East is appropriate for the development of the community in that area. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Rezoning. The property located at 1146 South 900 East, which is more particularly described on Exhibit"A" attached hereto, shall be and hereby is rezoned from residential (R-1-5000) to institutional (I). SECTION 2. Amendment of 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 consistent with the rezoning identified above. ' SECTION 3. Amendment of master plan. To the extent necessary, the Central Community Master Plan, as previously approved by the Salt Lake City Council, shall be and hereby is amended consistent with rezoning identified above. SECTION 4. Conditions. The rezoning identified herein shall be subject to the following conditions: a. The property owner shall submit and obtain approval of a final site plan by the City's Development Review Team regarding traffic and circulation design, and impacts on adjacent properties. b. The property owner shall execute and record a voluntary restrictive covenant against the property with the Salt Lake County Recorder. The form of the restrictive covenant shall be reviewed and approved by the Salt Lake City Planning Director. SECTION 5. 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 conditions identified above have been met, and certified by the Salt Lake City Planning Director. SECTION 6. Time. If the conditions identified above have not been met within one year from the date that this ordinance is signed, this ordinance shall become null and void. The City Council may, by resolution, for good cause shown, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah, this 3 day of rJ�CM h I , 2002. CHAIRPERSON ATTEST AND COUNTERSIGN: • '' cr,e,�y'; �f CHTF.F DEPUTY CIT RECO_ ER 't.. rG�, Transmitted to Mayor on 1 13 /CZ...._ r 4`' Mayor's Action: xt Approved. Vetoed. -r;= _. }: • OR ./(4/11#0-1r4-. CA7.--e-e/ke* CHI h.F DEPUTY CITY RECORDER (SEAL) Bill No. 57 of 2002. Published: „2-,23-Oy G:\Ordinance 02\Rezoning property at 1146 S 900 E-June 5,2002.doc f I Exhibit A Primary Property Parcel Number: 16-08-327-027 Description: Lots 39 thru 46, Block 5, East Park Subdivision Accessory Property Parcel Number: 16-08-327-026 Description: Lot 1, Block 5, East Park Subdivision 4 +' • S6' 1#q`q' 9 A\ °'CITY COR O°)e I.01 ROCKY J. FLUHART _,1 :� --� "� ROSS C. "ROCKY" ANDERSON CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF MANAGEMENT SERVICES MAYOR CITY RECORDER STATE OF UTAH, City and County of Salt Lake, I, Christine Meeker, Chief Deputy City Recorder of Salt Lake City, Utah, do hereby certify that the attached document is a full, and correct and true copy of Ordinance 13 of 2002. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 19th day of February, 2004. CAA;Trt:IA-40 Deputy City Recorder, Salt Lake City, Utah kk R \II i, �, ft 'Pert;-- Fr,),1"/ Ci,•,�e%,„. • 451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH B41 11 TELEPHONE: B01-535-7671 FAX: B01-535-76E11 is `� nccrcco vavcw 0 02-1 P 02-10 SALT LAKE CITY ORDINANCE No. 57 of 2002 (Rezoning property located at 1146 South 900 East) AN ORDINANCE REZONING PROPERTY LOCATED AT 1146 SOUTH 900 EAST FROM RESIDENTIAL (R-1-5000) TO INSTITUTIONAL(I), PURSUANT TO PETITION NO. 400-01-44. WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing, and demographic details of the area, long range general plans of the City, and any local master plan as part of its deliberations. Pursuant to those deliberations, the City Council has concluded that the proposed change of zoning for the property located at 1146 South 900 East is appropriate for the development of the community in that area. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Rezoning. The property located at 1146 South 900 East, which is more particularly described on Exhibit"A" attached hereto, shall be and hereby is rezoned from residential (R-1-5000) to institutional (I). SECTION 2. Amendment of 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 consistent with the rezoning identified above. SECTION 3. Amendment of master plan. To the extent necessary, the Central Community Master Plan, as previously approved by the Salt Lake City Council, shall be and hereby is amended consistent with rezoning identified above. SECTION 4. Conditions. The rezoning identified herein shall be subject to the following conditions: a. The property owner shall submit and obtain approval of a final site plan by the City's Development Review Team regarding traffic and circulation design, and impacts on adjacent properties. b. The property owner shall execute and record a voluntary restrictive covenant against the property with the Salt Lake County Recorder. The form of the restrictive covenant shall be reviewed and approved by the Salt Lake City Planning Director. SECTION 5. 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 conditions identified above have been met, and certified by the Salt Lake City Planning Director. SECTION 6. Time. If the conditions identified above have not been met within one year from the date that this ordinance is signed, this ordinance shall become null and void. The City Council may, by resolution, for good cause shown, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah, this 3 day of Ile h'i , 2002. cii-4...„,/ CHAIRPERSON • ATTEST AND COUNTERSIGN: CHIEF DEPUTY CIT RECO_ ER .;''` rEi4't,� Transmitted to Mayor on q 1 3 /oz_ * .NII II y `rt`t�O� r rr iv> Mayor's Action: k Approved. Vetoed. Y; OR afrOV,,,o0 CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. 5 of 2002. Published: 2125)c . G:\Ordinance 02\Rezoning property at 1146 S 900 E-June 5,2002.doc lip7 ,1 t t Exhibit A Primary Property Parcel Number: 16-08-327-027 Description: Lots 39 thru 46, Block 5, East Park Subdivision Accessory Property Parcel Number: 16-08-327-026 Description: Lot 1, Block 5,East Park Subdivision WHEN RECORDED RETURN TO: Salt Lake City Corporation Attn:Planning Director 451 South State Street,Room 406 Salt Lake City,UT 84111 DECLARATION OF COVENANTS,CONDITIONS & RESTRICTIONS FOR THE REALMS OF INQUIRY PROPERTIES LOCATED AT 1146 SOUTH 900 EAST STREET SALT LAKE CITY,UTAH This Declaration is made this day of ,2002,by Realms of Inquiry, hereinafter referred to as Declarant,in favor of Salt Lake City Corporation. RECITALS A. Declarant is the owner of the real properties more particularly described on Exhibit "A"attached hereto(referred to as the"Primary Property"and the"Accessory Property")located in Salt Lake City,Salt Lake County,Utah. B. Declarant is desirous to obtain greater flexibility in the use of the Accessory Property than is allowed under current zoning,but is also desirous to do so in a manner that will protect and preserve the character of the neighboring residential properties and in a manner that will not adversely impact neighboring residential properties. C. Declarant hereby declares that the Accessory Property shall be improved, maintained,occupied,held,sold,conveyed,leased and used subject to the covenants and restrictions set forth in this Declaration,which are deemed to be covenants running with the land benefiting and burdening each parcel of the Primary and Accessory Properties. D. It is the Declarant's intention in imposing these covenants and restrictions to limit the use of the Accessory Property,and to limit the expansion of any institutional activities onto adjacent residential properties,for its own benefit and for the greater good of all residents of Salt Lake City,and to promote and preserve the compatibility of the use of the Primary and Accessory Properties with the existing uses of other properties in that neighborhood. To further that intent, the covenants and restrictions shall be binding upon the Declarant,its successors,assigns,heirs and lien holders,and maybe enforced by the Declarant,any subsequent owner of the Properties and Salt Lake City Corporation. E. Declarant has executed this Declaration voluntarily and without coercion or duress. ARTICLE I USE RESTRICTIONS Declarant covenants that, regardless of what uses may be allowed under applicable zoning, the Accessory Property shall not be used for any institutional purpose other than as an accessory use to the Primary Property. Subject to this general restriction, and any other restrictions imposed by applicable zoning, the following are permitted uses of the Accessory Property: 1. Compatible residential uses; 2. Private school; 3. School grounds, outdoor classrooms, accessory school structures or functions; and/or 4. Landscaping. No other institutional or commercial activity will be conducted on the Accessory Property. Any proposed use of the Accessory Property is subject to review and approval by the Salt Lake City Planning Director. No activity of any kind shall be conducted on the Primary or Accessory Properties which is offensive,noxious, or detrimental to the use of the land in the vicinity of the Properties for private residences, nor shall the Properties be used for any purposes that, as a matter of common experience, tend to create a nuisance. Regardless of what other uses are conducted on the Accessory Property, Declarant agrees that it will install and maintain landscaping on the Accessory Property as approved by the Salt Lake City Planning Director. ARTICLE II GENERAL PROVISIONS Condition Precedent to Validity. Declarant has or will petition Salt Lake City to amend the zoning map for the Accessory Property from a Residential (R-1-5000) to an Institutional (I) classification (the "Petition"). The validity and enforceability of this Declaration are expressly conditioned on approval of the Petition by Salt Lake City. Declarant understands that approval of the Petition will be conditioned upon the recording of this Declaration and upon the compliance with the obligations described herein. If the Petition is denied, this Declaration shall be of no force or effect. 2 . Enforcement. Declarant, any subsequent owner and Salt Lake City Corporation shall have the right to enforce, by any proceeding in law or in equity, all covenants and restrictions now or hereafter imposed by the provisions of this Declaration. If Declarant or its successors or assigns violates the terms of this Declaration, which violation is not promptly cured, Salt Lake City shall be entitled to rezone the Accessory Property. In the event of such a rezoning, Declarant, and its successors or assigns,agrees that it will not contest or oppose the proposed rezoning, and agrees that it will not be entitled to claim any damages or non-conforming use rights with respect to the Accessory Property. Notwithstanding the foregoing, Declarant shall retain the right to contest the existence of any alleged violation of this Declaration which shall be determined by the Salt Lake City Planning Commission. Failure to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so at a later date. Amendments. The covenants and restrictions of this Declaration may be amended by duly recording an instrument executed and acknowledged by the owners of the Primary and Accessory Properties and Salt Lake City Corporation. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Declarant, any subsequent owner and Salt Lake City Corporation for a period of fifty(50)years from the date of this Declaration. At the end of the fifty-year period, all owners of the Primary and Accessory Properties and Salt Lake City Corporation shall review the covenants and restrictions in light of conditions existing at that time, and determine whether and for how long the covenants and restrictions shall remain in effect. Cessation of Use. If the Accessory property is no longer used as a private school, Declarant, and any subsequent owner of the Primary or Accessory properties, shall not protest any action by Salt Lake City Corporation to rezone the Accessory Property to residential use, and Salt Lake City Corporation retains the authority to rezone and require re-platting of the Primary and Accessory Properties by adjusting the property line to accommodate a complying interior side yard for the Primary and Accessory Properties in an amount sufficient to meet the minimum sideyard requirements in effect at that time. Zoning. Declarant acknowledges that Salt Lake City retains sole authority as to the zoning of property within the City. Nothing in this Agreement shall be construed to obligate the City to rezone the Accessory Property. Regardless of whether or not the Accessory Property is rezoned, nothing in this Agreement shall be construed to prohibit the City from rezoning the Primary or Accessory Properties at any time. 3 DATED: ,2002. OWNER: REALMS OF INQUIRY By: Title: STATE OF UTAII :ss. County of Salt Lake On the day of ,2002,personally appeared before me ,the of Realms of Inquiry,who duly acknowledged to me that he is authorized to execute the same on behalf of Realms of Inquiry. NOTARY PUBLIC Residing in Salt Lake County,Utah My Commission Expires: G-7-ot — • G:1PL9984\Realms of Inquiry-June 7,2002.doc 4