Document Ogden_doc_d4145678ac

1 Ogden City Council Meeting: June 13, 2017 REZONE OF PROPERTIES NEAR 3850 SOUTH HARRISON BOULEVARD FROM R-1-6 AND PI TO R-5/CO Options for the Council include: - Adopt Ordinance 2017-31 approving the rezones as proposed - Adopt Ordinance 2017-31 approving the rezones with minor amendments - Table the proposal to a date certain, specifying additional information needed - Extend the item without a date certain, specify additional information needed, and direct that the item be renoticed when a date is finalized - Deny the petition, indicating findings for denial Approval of the rezones (8-0) A petition was initially submitted by Chris McKay to amend the Southeast Ogden Community Plan to expand the R-5 (Residential Multi- family) zone for the development of a student housing facility. The proposed facility would encompass four properties near the corner of 3850 Harrison Boulevard. The initial petition to amend the community plan was accompanied by a petition to rezone the same properties for the development of the facility. Since the initial petition was filed, Mr. McKay has dropped out of the petition process for the community plan amendment and the rezone. In Mr. McKay’s place, Mr. Daniel Stevens has picked up the petition and is now requesting the amendments. There are three actions Mr. Stevens is requesting for the development of the student housing facility: an amendment to the Southeast Ogden Community Plan, a rezone with a conditional overlay (CO) that would narrow the scope of what could be done if the rezone is approved (this item), and the creation of a definition for ‘Student Housing’ that would be added to the City’s zoning ordinance. While Mr. Stevens is requesting all three changes, each item needs to be reviewed and considered on its merits as each item may have other impacts beyond just the student housing project itself. In April 2016, Chris McKay submitted a petition to amend the Southeast Ogden Community Plan to allow the expansion of the R-5 zoning and the ---PAGE BREAK--- 2 Ogden City Council Meeting: June 13, 2017 option of an R-5/CO zoning designation near the corner of 3850 Harrison Boulevard. As part of the petition, a rezone to R-5 was requested for the subject properties. The properties included in the initial petition were 3785 Harrison Boulevard, 3801 Harrison Boulevard, 3805 Harrison Boulevard, 1176 East 3850 South, 1164 East 3850 South, and 3778 Brinker Avenue. However, the current proposal does not include 3785 Harrison Boulevard or 3805 Harrison Boulevard. The Southeast Ogden Community Plan already allows the option of an R-5 zone on property directly fronting onto Harrison Boulevard (3785, 3801, and 3805 Harrison Blvd.) but does not allow for the R-5 zoning on the properties on 3850 South or Brinker Ave. The petition, if approved, would rezone four properties from R-1-6 and P/I to R-5/CO. The rezone is proposed to be done in conjunction with a conditional overlay, or CO. A conditional overlay zone does not create a new zone; rather, it narrows what can be done with that particular rezone and usually provides design guidelines which may include a specific development concept plan. The conditions included in a CO are memorialized with a development agreement. Development agreements included as part of a CO usually detail terms and general conditions, specific conditions for development, timelines, methods of dealing with delays, penalties (if applicable), and other similar elements. In this case, the development agreement details a number of site development and building design standards that must be met in order for a development to be approved. May 16, 2017 The proposed rezones were reviewed at the Council’s May 16, 2017 work session meeting. There were no changes requested by the Council at that meeting; however, changes were requested to the proposed community plan amendment which would bring the proposed concept plan into compliance with the amended community plan proposal. The current proposal is to rezone four properties (3801 Harrison Blvd., 1176 E. 3850 1164 E. 3850 S. and 3778 Brinker Ave.) that are zoned either R-1-6 (Residential Single-family) or P/I (Professional/Institutional) to R-5/CO (Residential Multi-family/Conditional Overlay). The development agreement attached to the CO covers a number of elements. These are summarized below. ---PAGE BREAK--- 3 Ogden City Council Meeting: June 13, 2017 Article I – This section provides definitions for certain terms and defines the owner as Daniel Stevens. Article II – This section outlines the conditions precedent to the execution of the agreement. It requires that the Owner establish ownership of all properties, that the Council formally approve the rezone, and that the Mayor executes the agreement. Article III – This section sets forth the Owner Covenants for future development and use. This section deals with unit restrictions and sets the maximum number of units at 41. It also prescribes certain site design requirements, architectural standards, landscaping requirements, building height maximums (44 feet), vehicular access, and other similar elements. This section also states the requirement that the proposed development and site plan must be approved by the Planning Commission and found to be in compliance with all conditions included in the development agreement. Article IV – This section refers to the formal rezone of the subject properties. Article V – This section addresses general requirements such as required City approvals by the developer, responsibility of the Owner for the obtaining of permits, time limits for commencement (1 year), and for completion (2 years), and a provision for inspection access to the property. Article VI – This section addresses remedies of default or breach for both the City and the Owner. It also addresses remedies of the City including a reversionary clause that allows the City the option of pursuing the rezoning of the property back to the zone it was prior to the approval of the rezone if project commencement has not occurred within one year. This provision comes with a hold harmless clause that limits the Owner’s objection to a potential rezone by the City. This section also includes a provision for an enforced delay beyond the parties’ control, and an option for extension. Article VII – This section articulates general provisions and addresses elements such as successor’s rights, reserved legislative power, zoning standards and vested rights, statement of no joint venture or ---PAGE BREAK--- 4 Ogden City Council Meeting: June 13, 2017 partnership, third party beneficiaries’ denial, statement that the agreement runs with the land, prior discussions integration, and a statement that each party has the authority to enter into the agreement. Attachment A – Attachment A provides the legal description for the properties included in the agreement. Attachment B – This attachment includes the Concept Plan (site plan) that must be followed in order to obtain approval for a future development. Attachment C – Attachment C provides the Building Concepts for the future proposed development. This attachment along with the conditions and standards included in Article III and any applicable zoning regulation will be used in the Planning Commission’s review of a future proposed development. Attachment D – Attachment D is reserved for Building Materials Board information. The Planning Commission reviewed the petition at a number of Planning Commission meetings. The timeline of the applicable Planning Commission meetings is as follows: May 18, 2016 (Special PC Meeting) – The rezone item was tabled at that meeting; however, the Planning Commission did forward a recommendation of approval to the Council for the Southeast Ogden Community Plan amendments. Planning Staff recommended the item be tabled to allow the developer (Chris McKay) time to address concerns. August 3, 2016 – Rezone was included on this agenda; however, Planning Staff recommended denial of the rezone at that time. A recommendation of denial was made by Staff as it was felt that the proposal by the petitioner (Mr. McKay) was not consistent with the community plan and other land use policies. October 5, 2016 – The item was included on the October 5, 2016 agenda; however, a recommendation was made by Staff to table the item to allow ---PAGE BREAK--- 5 Ogden City Council Meeting: June 13, 2017 the new developer (Daniel Stevens) time to develop a plan that would meet the required changes. November 2, 2016 – The item was once again placed on the agenda but was tabled to allow the petitioner (Mr. Stevens) time to submit plans. February 1, 2017 – After Mr. Stevens had a chance to submit plans, the item was placed back on the Planning Commission’s agenda for consideration. The Planning Commission reviewed the proposal at the February 1, 2017 meeting and forwarded a recommendation of approval to the Council with a vote of 8-0. The Commission made its recommendation with the findings that there are changing conditions in the area and the proposal is consistent with the amended community plan and general plan as well as the general plan guidelines regarding rezoning. The Planning Commission made its recommendation with the requirement that four additional conditions be added to the development agreement. These included: 1. Capping the overall height of the building at 44 feet; 2. Capping the number of units at 41; 3. Requiring a 3rd party traffic study to be conducted, which would be paid for by the applicant; and 4. Address the adequacy of the fence on the north and its buffering of the A/C condensers. These conditions have been added to the development agreement. A number of comments were received at the Commission’s February 1, 2017 meeting. A summary of the comments received at that meeting has been included in the transmittal document included with this memo. In addition, comments have been received via the email address set up for the project ([EMAIL REDACTED]) as well as by way of a citizen petition submitted to the City. These comments have been included in the materials attached to this memo. Further, comments received by residents of the area and comments summaries from the open house held at Weber State University on April 12, 2017 have been included as part of this report as well. ---PAGE BREAK--- 6 Ogden City Council Meeting: June 13, 2017 1. Transmittal 2. Ordinance 2017-31 a. Development Agreement i. Attachment A – Subject Area ii. Attachment B – Concept Plan iii. Attachment C – Building Concept iv. Attachment D – Building Material Board 3. Planning Commission Report 4. Correspondence received regarding the proposed amendments Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- Proposed Southeast Ogden Community Plan Amendment and Rezone / 0 100 200 300 50 Feet Published: June 2017 Legend Area of Proposed Amendment and Rezone Roads Parcels Sources: Ogden City GIS Harrison Boulevard 3850 South 38th Street Brinker Ave. R-1-5 P/I R-1-10 (WSU) Area of Proposed Community Plan Amendment and Rezone from R-1-5 and P/I to R-5/CO R-5 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2017-31 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 1 AGREEMENT FOR DEVELOPMENT OF LAND AT 3801 HARRISON BOULEVARD, OGDEN CITY, UTAH This Agreement for development of land, hereinafter referred to as “the AGREEMENT,” entered into this day of 2017, between Ogden City, a Utah municipal corporation, hereinafter referred to as “the CITY,” and Daniel Stevens, hereinafter referred to as “the OWNER”. RECITALS WHEREAS, in furtherance of the objectives of the Ogden City General Plan, the CITY has considered an application for a zone change on certain real property located at approximately 3801 Harrison Boulevard, in Ogden City, which property is hereinafter referred to as the “SUBJECT AREA,” from its present zoning of PI (Professional/Institutional) and R-1-6 (Single- Family Residential) to R-5/CO (Multiple Family Residential, Conditional Overlay Zone), in accordance with the provisions and requirements of Title 15 Chapter of the CITY’s zoning ordinance; WHEREAS, the OWNER has presented to the CITY a general proposal for development in the SUBJECT AREA, which provides for development in a manner consistent with the Ogden City General Plan; WHEREAS, the OWNER desires approval by the City Council of the R-5/CO zoning for the SUBJECT AREA; WHEREAS, the CITY is willing to grant the approval of such rezoning subject to the OWNER agreeing to certain requirements and restrictions of use and development within the SUBJECT AREA, which requirements and restrictions are intended to: 1. Provide more specific land use designations and land development suitability by eliminating or restricting potential uses otherwise allowed in the underlying zone; 2. Provide more restrictive site development standards than are required in the underlying zone, including additional standards regarding landscaping, fencing, density, setbacks, or the height, square footage or number of buildings; ---PAGE BREAK--- 2 3. Provide additional protection to surrounding property and associated property values; and 4. Provide for the general traffic circulation needs or other required public facilities within and for the benefit of the affected property WHEREAS, the CITY believes that the SUBJECT AREA cannot be developed effectively due to a number of factors, including: its location on Harrison Boulevard and the difficulty in obtaining access to Harrison Boulevard; its proximity to an existing intersection; the size and shape of existing lots that has deterred development over time; and the need to address challenges with existing topography; WHEREAS, development in the SUBJECT AREA pursuant to the terms of this AGREEMENT is in the vital and best interests of the City and the health, safety, morals, and welfare of its residents; WHEREAS, the OWNER agrees and desires to proceed with the development and use of the SUBJECT AREA subject to the terms and conditions of this AGREEMENT. NOW THEREFORE, each of the parties hereto, for and in consideration of the premises and agreement of the other party hereto, does hereby covenant and agree as follows: ARTICLE 1 DEFINITIONS The following terms have the meaning and content set forth in this ARTICLE I, wherever used in this AGREEMENT: 1.01 “CITY”. The “CITY” shall mean Ogden City, a Utah municipal corporation. The principle office of the CITY is located at 2549 Washington Boulevard, Ogden City, Utah 84401. 1.02 “CONCEPT PLAN”. The “CONCEPT PLAN” is the plan depicting certain conditions and restrictions of development by the Ogden City Planning Commission and Ogden City Council, pursuant to the terms of this AGREEMENT, attached hereto as Attachment and made a part of this AGREEMENT by this reference. The CONCEPT PLAN, depicting the conditions and restrictions of development, is intended to depict the actual ---PAGE BREAK--- 3 location of buildings, vehicular accessways, parking lots, required landscaping, or other improvements, to meet the needs of the OWNER and to comply with applicable zoning regulations. 1.03 “OWNER”. “OWNER” shall mean DANIEL STEVENS. 1.04 “PROPOSED DEVELOPMENT”. The “PROPOSED DEVELOPMENT” includes the development of the SUBJECT AREA. 1.05 “SUBJECT AREA”. The “SUBJECT AREA” shall mean the parcel or parcels of real property situated in the SUBJECT AREA, more particularly shown on the map and described in the SUBJECT AREA legal description, attached hereto as Attachment ARTICLE II CONDITIONS PRECEDENT 2.01 This AGREEMENT shall not take effect until: 2.01.1 The OWNER has established that it owns all of the property within the SUBJECT AREA and has combined the property into a single parcel; 2.01.2 The Ogden City Council has approved the AGREEMENT as a condition of such rezoning of the SUBJECT AREA to R-5/CO; and 2.01.3 The Mayor has executed this AGREEMENT on behalf of the CITY. ARTICLE III OWNER COVENANTS REGARDING FUTURE DEVELOPMENT AND USE 3.01 The OWNER, and the OWNER’S successors and assigns, hereby waives the right to use or occupy the land comprised of the SUBJECT AREA or to use, occupy or erect thereon any building or structure designed, erected, altered, used or occupied for any use other than multiple family dwelling unit structures as further described herein, with the total number of all dwelling units not exceeding forty one (41) units, notwithstanding the fact that other uses or densities may be otherwise allowed in the R-5 zone as either a permitted or conditional use under existing or future zoning regulations. ---PAGE BREAK--- 4 3.02 The OWNER hereby waives the right to use, occupy or erect upon the SUBJECT AREA any structure designed, erected, altered, used or occupied which does not comply with the following site development standards: 3.02.1 The architecture and the design of the structure shall be subject to the approved conditions of the Planning Commission as more fully described below. 3.02.2 The building shall be residential in style reflecting other construction in the area. Building elevations substantially complying with this requirement are depicted in Attachment_______ of the CONCEPT PLAN. 3.02.3 The building shall not appear as a solid mass and shall have emphasis placed upon providing visual relief by varying facades of the building. 3.02.4 The rooflines shall reflect the pitch of the single family homes in the area. 3.02.5 The roof shall be constructed of architectural grade asphalt shingles. 3.02.6 The height of any building shall not exceed 44 feet, as calculated under Ogden City zoning standards. 3.02.7 The building shall be constructed of materials that are the same as many other single family residential homes in the area, and as depicted in Attachment____________ (material board) 3.02.8 The use of red brick shall be a prominent exterior material with at least 50% on all the exterior façades. 3.02.9 Vehicular access to the property shall be restricted as follows: 3.02.9.1 The primary vehicular access shall be from 3850 South Street. 3.02.9.2 An emergency access shall be from Brinker Ave. and secured with a knox box with “no parking at any time” and no storage of snow blocking either side of the access way. 3.02.9.3 A geo-grid (blocks interlaced with grass) will be used at the entrance of the emergency access. 3.02.10 Landscaping shall be provided and maintained on the site and along the street right-of-ways as shown on the CONCEPT PLAN in a clean and manicured manner. 3.02.11 Along local street frontages, not including Harrison Boulevard, there shall be berms of four feet minimum height in all areas measured from the grade of the parking lot. 3.02.11.1 Berms will be supplemented with shrubs (5 gallon minimum) and trees minimum caliper as verified by the Ogden City urban forester) to provide additional screening and create variety along the perimeter of the project. 3.02.11.2 If a sidewalk project is ever proposed or approved along Brinker Avenue or 38th Street, OWNER will not object to the sidewalk construction and will pay the cost of installing ---PAGE BREAK--- 5 sidewalk along the frontage of the SUBJECT AREA, including any costs required to modify the landscaping as approved in this AGREEMENT. 3.02.12 The site will have a minimum of 1 tree per unit (not counting the required street trees) and 5 shrubs per unit. 3.02.13 The fence along the street frontages of 3850 South and Brinker Avenue shall be decorative wrought iron, and placed behind the 20’ setback. Upon initial construction, adjacent property owners may opt for wrought iron fence in lieu of the normally required screening fence along their front yard setbacks. 3.02.14 A fence or other sound blocking device shall be placed along the northeastern lot line to buffer sound to the lot at 3785 Harrison Boulevard. 3.02.15 The OWNER shall install bicycle racks capable of providing space for no fewer than twenty (20) bicycles. 3.03 If a building is removed from the site the design and architecture of any proposed new building shall be reviewed and approved by the planning commission to meet the provisions of this Agreement. 3.04 OWNER shall complete a traffic study as required by the city engineering department and address any identified issues to the satisfaction of the city engineer. 3.05 Unless a more restrictive requirement applies or is imposed for development in the R-5 zone, the following standards shall apply in the review and approval of the site plan and/or any conditional use permit, building plans or other permits related to the development of the subject area. 3.05.1 Light poles in the parking lots shall not exceed fourteen feet (14’) in height. 3.05.2 No outdoor light poles shall be allowed with 10’ of the west property line. 3.05.3 Light fixtures in the parking area shall have an exterior design directing all light toward the ground and a shield that directs light away from adjacent dwellings. 3.05.4 Signage is only allowed on Harrison Boulevard. 3.05.5 The units shall be provided with continuous on site management. 3.05.6 The dumpster enclosure shall constructed of brick and have bollards at the 3.05.7 There shall be no pedestrian access from the Proposed Development to Brinker Ave. or 3800 S. ---PAGE BREAK--- 6 ARTICLE IV CITY’S UNDERTAKINGS If this Agreement is approved by the Ogden City Council as provided in Section 2.01, the zoning on the SUBJECT AREA from its present zoning of PI and R-1-6 to the R-5/CO zoning over the entire SUBJECT AREA as described in an approved ordinance of the Ogden City Council subject only to the terms and conditions of this Agreement. Upon execution of this Agreement by the Mayor and the OWNER, such rezoning shall immediately take effect. ARTICLE V GENERAL REQUIREMENTS AND RIGHTS OF THE CITY 5.01 CITY Approval Required. The development plans, and any changes thereto, must be approved by the CITY pursuant to the requirements of the Ogden City zoning ordinance and all other applicable provisions of the Ogden City Municipal Code. In addition to any standards, requirements, or regulations imposed by ordinance, the development plans shall also be reviewed by the CITY to determine compliance with the terms of this AGREEMENT and the CONCEPT PLAN approved herein. This approval is in addition to any required CITY approval which is directed to zoning, engineering or structural matters or compliance with building codes and regulations or applicable City, State or Federal law relating to land use or construction standards. The CITY’s determination, respecting compliance with the terms of this AGREEMENT and the CONCEPT PLAN approved herein, shall be final; provided that OWNER reserves all rights as to the appeal of any administrative determinations of the CITY. 5.02 Issuance of Permits. The OWNER shall have the sole responsibility for obtaining and/or seeing that all necessary permits are obtained and shall make application for such permits directly to the Ogden City Community Development Department and other appropriate departments and agencies. The OWNER shall timely submit and, prior to the date scheduled for construction, obtain building permit(s), and engineering permits as required, and thereafter diligently prosecute such work as is authorized in such permits. Failure to timely file and to diligently pursue the issuance of all permits shall be a breach of this AGREEMENT and grounds for termination of this AGREEMENT at the option of the CITY and the exercise of the remedies contained herein. 5.03 CITY Obligations Conditional. The obligations of the CITY, as set forth in this AGREEMENT, are subject to the condition that the OWNER shall not be in default of its obligations hereunder at any time; provided that obligations of CITY will continue upon the OWNERS cure of any such default in accordance with paragraph 6.01. ---PAGE BREAK--- 7 5.04 Completion Date. The OWNER for itself, and its successors and assigns, agrees to begin and diligently prosecute to completion the PROPOSED DEVELOPMENT of the SUBJECT AREA through the obtaining of all necessary building and engineering permits, and after the issuance of such permits the subsequent construction of the improvements thereon, and that such permits shall be obtained and such construction shall in any event commence within one year of the date of this Agreement and, once commenced, be diligently pursued and shall be completed no later than two years from the date of this Agreement. 5.05 Access to the SUBJECT AREA. The CITY, for the purpose of inspection, and whenever and to the extent necessary, to carry out the purposes of this and other sections or provisions of the AGREEMENT shall be permitted access to the SUBJECT AREA, so long as the same shall not unreasonably interfere with the use and development of the SUBJECT AREA consistent with the terms and conditions of this Agreement. ARTICLE VI REMEDIES 6.01 Remedies Upon Default or Breach. In the event of any default in or breach of this AGREEMENT, or any of its terms or conditions, either party hereto or any permitted successor to such party, such party, or successor, shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and in any event cure or remedy the breach within thirty (30) days after receipt of such notice. In the event that such default or breach cannot reasonably be cured within said thirty (30) day period, the party receiving such notice shall, within such thirty (30) day period, take reasonable steps to commence the cure or remedy of such breach and shall continue diligently thereafter to cure or remedy such breach or default in a timely manner. In case such action is not taken, or diligently pursued, the aggrieved party may institute such proceedings as may be necessary or desirable in its option to: A. Cure or remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations; or B. Terminate this AGREEMENT. In the event that the OWNER is the defaulting party, upon termination, the CITY may institute proceedings to change the zoning to the zoning designations that existed prior to the changing of the zoning to R-5/CO. ---PAGE BREAK--- 8 6.02 Additional Remedies of CITY. Notwithstanding anything in this Agreement to the contrary, it is agreed by the parties hereto that (unless due to the provisions of Section 6.04, below) if the OWNER fails to commence construction within one year of the date of this Agreement, the CITY shall have the right, but not the obligation, at the sole discretion of the CITY to terminate this Agreement and the CITY may institute proceedings to change the zoning to the zoning designation that existed prior to the changing of the zoning to R-5/CO. 6.03 Waiver of Objection and Hold Harmless. If CITY institutes proceedings to change the zoning to the original zoning designation in accordance with the provisions of this Agreement, the OWNER, its successors and assigns, hereby waives any objection to the zone change and hereby releases, indemnifies and holds the CITY harmless from any actions that may be brought by OWNER, its successors and assigns, in respect of any such zoning change. 6.04 Enforced Delay Beyond Parties Control. For the purposes of any other provisions of this AGREEMENT, neither the CITY nor the OWNER, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to the preparation of the SUBJECT AREA for development, the seeking or obtaining of permits, or beginning and completion of construction of improvements, or progress in respect thereto, in the event the enforced delay in the performance of such obligations are due to causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or unforeseeable delays of contractor or subcontractors due to such causes. 6.05 Extension by the CITY. The CITY, in writing, may extend the time for the OWNER to perform of any term, covenant, or condition of this AGREEMENT or permit the curing of any default upon such terms and conditions as may be mutually agreeable to the parties provided, however, that any such extension or permissive curing of any particular default shall not operate to eliminate any of the OWNERS obligations and does not constitute a waiver of the CITY’s right with respect to any other term, covenant or condition of this AGREEMENT or any other default in, or breach of, this AGREEMENT. ARTICLE VII GENERAL PROVISIONS ---PAGE BREAK--- 9 7.1 Assignability. The OWNER shall not assign this AGREEMENT or any rights or interests herein without the prior written consent of the CITY, except that, upon notice to the CITY, the OWNER shall have the right to assign and transfer this AGREEMENT and its rights and obligations hereunder to an entity controlled by or under common control with the OWNER, so long as any such entity shall consent in writing to be bound by the terms of this AGREEMENT. Any assignee approved by the CITY shall consent in writing to be bound by the terms of this AGREEMENT as a condition of the assignment. The OWNER shall not transfer, assign, sell, lease, encumber, or otherwise convey its rights and obligations under this AGREEMENT separate from its interest in the SUBJECT AREA. 7.2 Owner’s Successors and Assigns. This AGREEMENT shall be binding upon the OWNER and its successors and assigns and where the term “OWNER” is used in this AGREEMENT, it shall mean and include the successors and assigns of the OWNER except that the CITY shall have no obligation under this AGREEMENT to any unapproved, or otherwise unauthorized, successor or assign of the OWNER. 7.3 Reserved Legislative Powers. Nothing in this AGREEMENT shall limit the future exercise of the police power by the CITY in enacting zoning, subdivision development and related land use plans, policies, ordinances and regulations after the date of this AGREEMENT. 7.4 Minimum Zoning Standards and Vested Rights. It is not the intention of this Agreement to waive any existing minimum zoning standards, or to restrict the ability of the CITY Council to enact additional standards in the future. The only vested right obtained by the OWNER in the approval of this Agreement as part of the rezoning, is the right under the terms and conditions of this Agreement, to apply for site plan approval and building permits. 7.5 No Joint Venture or Partnership. This AGREEMENT does not create any joint venture, partnership, undertaking or business arrangement between the parties hereto. 7.6 Third Party Beneficiaries. Any claims of third party benefits under this AGREEMENT are expressly denied. 7.7 Agreement to Run With the Land. This AGREEMENT shall be recorded against the property referred herein as the SUBJECT AREA. The AGREEMENT contained herein shall be deemed to run with the land and shall be binding on all successors in the ownership of SUBJECT AREA. ---PAGE BREAK--- 10 7.8 Integration. This AGREEMENT contains the entire agreement with respect to the subject matter hereof and integrates all prior conversations, discussions or understandings of whatever kind or nature and may only be modified by a subsequent writing duly executed by the parties hereto. 7.9 Authority. The parties represent that each has the requisite authority to enter into this AGREEMENT and that the same has been duly authorized by all necessary or appropriate corporate or regulatory action. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be duly executed on its behalf and OWNER has caused the same to be duly executed on its behalf, on and as of the day and year first written above. CITY: OGDEN CITY CORPORATION, a Utah Municipal Corporation By: Michael P. Caldwell, Mayor ATTEST: City Recorder APPROVED AS TO FORM: City Attorney ---PAGE BREAK--- 11 OWNER DANIEL STEVENS A C K N O W L E D G M E N T S STATE OF UTAH ) :SS COUNTY OF WEBER ) On this day of , 2017, personally appeared before me, Michael P. Caldwell, whose identity is personally known to me (or proved to me on the basis of satisfactory evidence) and who by me duly sworn (or affirmed), did say that he is the Mayor of Ogden City, a municipal corporation, and that the foregoing document was signed by him in behalf of said Ogden City, and that said Ogden City executed the same. Notary Public STATE OF UTAH ) :SS COUNTY OF WEBER ) On this day of , 2017, personally appeared before me DANIEL STEVENS the signer of the foregoing document who acknowledged to me that he executed the same. Notary Public ---PAGE BREAK--- 12 ATTACHMENT A (“SUBJECT AREA”) Parcel 1: ALL OF LOTS 21, 22, 23, AND 24, IN BLOCK 49, OF NELSON PARK ADDITION TO OGDEN CITY, UTAH. TOGETHER WITH THE VACATED PORTION OF 38TH STREET ABUTTING THEREON. (741-105) TOGETHER WITH A RIGHT OF WAY OVER THE NORTH 10 FEET OF LOT 28, BLOCK 49, NELSON PARK ADDITION TO OGDEN CITY, UTAH. (1111-612). Land Serial No. 05-071-0029 Parcel 2: PART OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 1 WEST, SALT LAKE MERIDIAN, U.S.SURVEY: BEGINNING ON THE WEST LINE OF STATE HIGHWAY 32.0 FEET WEST FROM THE NORTHEAST CORNER OF THE SOUTH 1/2 OF SAID SOUTHEAST QUARTER SECTION; RUNNING THENCE SOUTH 132 FEET ALONG HIGHWAY; THENCE WEST 324.00 FEET; THENCE NORTH 0D58' EAST 105.69 FEET; THENCE NORTHWESTERLY TO THE SOUTH LINE OF 38TH STREET, THENCE SOUTH 89D02' EAST 4.00 FEET; THENCE TO THE LEFT ALONG THE ARC OF A 30 FOOT RADIUS CURVE TO A POINT WEST OF BEGINNING; THENCE EAST 296.5 FEET, MORE OR LESS, TO BEGINNING. Land Serial No. 05-067-0013 Parcel 3: ALL OF LOT 2, GOLDEN VIEW SUBDIVISION, OGDEN CITY, WEBER COUNTY, UTAH. Land Serial No. 05-066-0003 Parcel 4: ALL OF LOT 3 AND THE EAST 11.40 FEET OF LOT 4, GOLDEN VIEW SUBDIVISION, OGDEN CITY, WEBER COUNTY, UTAH. Land Serial No. 05-066-0004 ---PAGE BREAK--- 13 ATTACHMENT B (“CONCEPT PLAN”) ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---