84017 | 08/12/2020 | Ad id: 9-0000608875-01

SUMMIT COUNTY ORDINANCE NO. 907 AN ORDINANCE APPROVING AND ADOPTING THE FIRST SUBSTANTIAL AMENDMENT TO THE SILVER CREEK VILLAGE CENTER SPECIALLY PLANNED AREA DEVELOPMENT AGREEMENT PREAMBLE WHEREAS, The Silver Creek Village Center Specially Planned Area Development Agreement ("Development Agreement") was adopted through Ordinance 837 on August 6, 2015, Entry #01025271; and WHEREAS, Section 8.28.1 of the Development Agreement provides for substantial amendments thereto and requires a public hearing before the Snyderville Basin Planning Commission ("Planning Commission"), a recommendation by the Planning Commission, and a public hearing before the County Council ("Council") prior to a final decision on this Amendment; and WHEREAS, Matt Lowe, property owner, applied for an amendment to the Development Agreement for the Silver Creek Village Center Specially Planned Area (the "SPA") in order to amend Exhibit I1 of the Agreement, specific to Parcel SCVC-2-80 ("Parcel 22.1") to increase the height from 32' to 45', remove the maximum lot size of 4,000 square feet, and add language allowing Parcel 22.1 to have a unit mix between market rate and affordable units, with 29 affordable housing units, 24 of which may be located in one building on one lot on Parcel 22.1 and the remaining 5 affordable units may be located throughout the other buildings on Parcel 22.1; and WHEREAS, the Planning Commission considered the application for a SPA amendment and held a work session on February 12, 2019, a public hearing on October 22, 2019, a site visit on November 12, 2019, a public hearing on February 11, 2020, and a public hearing on June 23, 2020; and WHEREAS, the Planning Commission forwarded a positive negative recommendation to the Summit County Council for the SPA amendments on June 23, 2020; and WHEREAS, two public hearing were legally noticed and held before the Council on July 1, 2020 and August 5, 2020; and WHEREAS, the Council conducted a site visit on July 8, 2020; and WHEREAS, Section 10-3-19 of the Summit County Code sets forth the authority for the County to enter into Development Agreements; and NOW, THEREFORE, pursuant to the authority granted to the Council as the County Legislative Body of the County of Summit, State of Utah, the Council hereby ordains as follows: Section 1. Adoption. Exhibit I1 of the Silver Creek Village Center that references Parcel 22.1 is amended as depicted in EXHIBIT A. Section 2. No Rights Created in Third Parties. This Ordinance is not intended to, nor shall it be construed to create any rights, claims, or causes of action in third parties other than as specifically defined in the Development Agreement. Section 3. Savings Clause. In the event one or more of the provisions of this Ordinance shall, for any reason, be held to be unenforceable or invalid in any respect under any applicable laws, such unenforceability or invalidity shall not affect any other provision; and in such an event, this Ordinance shall be construed as if such unenforceable or invalid provision had never been contained herein. Section 4. Effective Date. This Ordinance shall take effect 15 days after passage by the Summit County Council and subsequent publication in a newspaper of general circulation in Summit County, Utah. APPROVED, ADOPTED, AND PASSED and ordered published by the Summit County Council, this 5th day of August, 2020. ATTEST ____________________ Kent Jones Summit County CLerk APPROVED TO FORM ____________________ David L. Thomas Chief Civil Deputy SUMMIT COUNTY COUNCIL _____________________ Glenn Wright, Vice-Chair Councilmember Carson Aye Councilmember Robinson Aye Councilmember Clyde Aye Councilmember Armstrong Aye Councilmember Wright Aye PUBLISHED IN THE PARK RECORD ON WEDNESDAY AUGUST 12, 2020.