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SALT LAKE CITY ORDINANCE
No. 22 of 2014
(Amending the zoning of property located at 289 North Almond Street
and closing a portion of West Temple Street)
An ordinance amending the zoning of property located at 289 North Almond Street as established by a development agreement entered into by the city and a prior property owner and closing a portion of West Temple Street at its intersection with 300 North Street to facilitate development that is more suitable for the subject property pursuant to Petition Nos. PLNPCM2013-00920 and PLNPCM2014-00001.
WHEREAS, the applicant, Almond Street Properties, LLC (“Applicant”) owns property located at 289 North Almond Street (Tax Id Nos. 08-36-440-008 and 08-36-432-017) (the “Property”); and
WHEREAS, a prior owner of the Property and the city entered into a development agreement (the “Agreement”) dated May 5, 1997 following litigation between the prior owner and city concerning the zoning of the Property; and
WHEREAS, pursuant to the Agreement, the prior property owner agreed to limit development of the Property to 34 units and provide 80 parking stalls; and
WHEREAS, the Applicant desires to modify the terms of the Agreement to reduce the number of allowed units to 33 and modify the parking requirement to 60 internal parking stalls and 10 on-street parking stalls (for a total of 70 available parking spaces) in order to facilitate development that is more suitable for the Property; and
WHEREAS, the Applicant’s proposal would meet the Property’s zoning requirements but for the restrictions placed by the Agreement; and
WHEREAS, the Applicant’s petition also seeks to amend the Agreement to modify setback and grading requirements to allow more suitable development of the site due to geographical constraints and irregular lot shapes on the Property; and
WHEREAS, the Applicant proposes to close a portion of West Temple Street at its intersection with 300 North Street where it splits and forms two access points to/from 300 North Street, which proposal would close one of the access points as a public right-of-way and convert that closed right-of-way to on-street parking; and
WHEREAS, the Salt Lake City Planning Commission held a public hearing on February 12, 2014 on Applicant’s petitions to amend the development agreement (Petition No. PLNPCM2013-00920) and to close a portion of West Temple Street at its intersection with 300 North Street (Petition No. PLNPCM2014-00001) to eliminate a redundant access point and accommodate on-street parking; and
WHEREAS, at its February 12, 2014 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on Applicant’s petition with certain conditions; 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 1997 Development Agreement. That the Development Agreement between the Applicant’s predecessor and the city dated May 5, 1997, which Agreement governs the land use of the Property, shall be and hereby is amended by way of addendum, which shall address the following:
a. That the number of units allowed on the property shall be reduced from thirty-four (34) to thirty-three (33);
b. That the parking requirement shall be modified from eighty (80) required stalls to sixty (60) required internal parking stalls and ten (10) on-street parking stalls;
c. That the Agreement be modified to allow a minimum setback along West Temple Street of 17.5 feet and a minimum setback of 20 feet along Almond Street as shown on Exhibit “A”, attached hereto; and
d. That the Agreement be modified to allow grading in excess of the four feet (4’) limit in order to accommodate site-specific geographical constraints.
An addendum to the Agreement, executed by the mayor or his designee and the Applicant, shall be recorded against the property by filing it with the Salt Lake County Recorder.
SECTION 2. Closing a portion of West Temple Street at its intersection with 300 North Street. That the eastern portion of a split section of West Temple Street located immediately south of 300 North Street, which is the subject of Petition No. PLNPCM2014-00001, and which is more particularly described on Exhibit “B” attached hereto, hereby is, closed to vehicular access and declared not presently necessary or available for use as a public street, subject to the conditions set forth in Section 3 herein.
SECTION 3. Conditions. Approval of the Applicant’s petitions is conditioned on the following:
f. The portion of West Temple Street to be closed as described in Section 2 of this ordinance shall be closed to vehicular traffic, but ownership of the closed portion of West Temple Street shall be retained by the city and said portion of West Temple Street shall remain open to the public for pedestrian use.
g. Compliance with all city department/division comments included in the Planning Division staff report dated February 12, 2014.
h. Applicant and its successor(s) shall be responsible for landscaping and maintaining the closed portion of right-of-way described in Section 2 herein and the landscaped “island” presently situated between the West Temple Street split at its southern intersection with 300 North Street in accordance with city standards, and shall be responsible for striping and maintaining the designated on-street parking areas contemplated by the Agreement as amended. This condition shall be included in the addendum to the Agreement described in Section 2 above and shall be enforceable by that instrument.
i. The above-described partial closure is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the city’s water and sewer facilities. Said closure is also subject to any existing rights-of-way or easements of private third parties.
SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication. The city recorder is instructed to not publish or record this ordinance until the conditions identified above have been met, as certified by the city’s planning director.
SECTION 5. Time. If the conditions set forth herein are not satisfied within one year from the adoption of this ordinance, it shall become null and void.
Passed by the City Council of Salt Lake City, Utah, this 20th day of May, 2014.
Bill No. 22 of 2014.
Published: has conditions.