002 of 1998 - Enacting Section 21A.34.200 providing a temporary moratorium prohibiting the issuance of building peSTATE OF UTAH,
City and County of Salt Lake,
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NA C:Y WORKMAN
RECORDER SALT LAKE COMM UTAH
8E CITY - RECORDER REC y i `u +; JORDAN DEPUTY WI
I, Beverly. Jones, ................ Dputy_ , City Recorder of Salt Lake City, Utah, do hereby
certify that the attached document is a full, true and correct copy of Ordinance 2 of 1998
enacting. Section. 21A: 34: 200, providing, . temporary, inpratpXi}ijn. tie.
issuance, 9f, building, permits, fpr. cprtaip, apypJppmpntS. Within r:ext,a.tn.
described blocks in the area of North Redwppd lzpad, purpuapp. tp. Pptitipn. Np.
400-97-16
passed by City Council/Executive Action of Salt Lake City, Utah, .. January. J 3 19.98 .
as appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City,
this 21st day of January 19. 98.
Publishd .. January. 24, 19.98 .
De City Recorder
6619dO99L E
U y2:5-1
P 98-4
SALT LAKE CITY ORDINANCE
No. 2 of 1998
(Enacting Section 21A.34.200 providing a temporary
moratorium prohibiting the issuance
of building permits for certain specified
developments within certain described
blocks in the area of North Redwood Road
pursuant to Petition No. 400-97-16.
AN ORDINANCE ENACTING SECTION 21A.34.200, SALT LAKE CITY
CODE, PROVIDING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE
OF BUILDING PERMITS FOR CERTAIN SPECIFIED DEVELOPMENTS WITHIN
CERTAIN DESCRIBED BLOCKS IN THE AREA OF NORTH REDWOOD ROAD
PURSUANT TO PETITION NO. 400-97-16.
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows
cities, without a public hearing, to enact ordinances
establishing temporary zoning regulations for any part or all of
the City if the City Council makes a finding of compelling,
countervailing public interest; and
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows
the City in the temporary regulation to prohibit or regulate the
erection, construction, reconstruction or alteration of any
building or structure; and
WHEREAS, the City is in the process of researching a
proposed zoning amendment for the area of North Redwood Road; and
WHEREAS, the City finds that allowing continuing
construction, erection and changes of use within the area of the
966!9dO98L}iE
proposed zoning change adversely affects the City's interests in
controlling the density of development, parking, traffic,
compatibility of use and design, pedestrian orientation,
landscaping and other vital City interests, which constitute a
compelling, countervailing public interest which justifies a
temporary moratorium; and
WHEREAS, the City Council finds that the City's interest in
adopting this temporary moratorium outweighs any private
interests in developing under existing standards; and
WHEREAS, the City Council finds that no development plans
have any vested rights to develop under the existing ordinance;
and
WHEREAS, the City finds it appropriate that only building
permits for general repairs and remodeling which do not involve
changes of uses be granted during this temporary moratorium.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt
Lake City, Utah:
SECTION 1. That Section 21A.34.200 be, and the same hereby
is, enacted to read as follows:
21A.34.200 Temporary Prohibition on Construction or
Erection.
A. Findings of Countervailing Interest. Pursuant to
Section 10-9-404, Utah Code Annotated, the City Council expressly
2
finds that the adverse effects of allowing the development
specified in this section within the boundaries specified in this
section while the City conducts a public process leading to the
adoption of a zoning amendment for the area of North Redwood Road
is not in the best interests of the City and constitutes a
compelling, countervailing public interest sufficient to justify
a six-month prohibition.
B. Balancing of Public versus Private Interests. The City
Council further finds that any harm to private interest is de
minimis and outweighed by the City's interests in amending the
existing zoning in the area of North Redwood Road. The City
Council finds that no developments, the plans for which were not
submitted prior to 5:00 p.m. on January 13, 1998, in full
compliance with existing zoning regulations, have any right to
develop under those existing regulations. In addition, any
development plan applications submitted prior to 5:00 p.m. on
January 13, 1998, which have been disapproved by the Zoning
Administrator due to incompleteness, inaccuracies or non-
compliance, or which have not yet received the necessary approval
from the Planning Commission or the Historic Landmark Commission,
are specifically determined to have no vested right to develop
under existing regulations and the City shall not accept any re -
submittals of these disapproved applications, or proceed with any
3
further hearings for approval of those incomplete applications,
during the period of this ordinance.
C. Prohibitions. The City shall not accept, process or
grant an application for any of the following:
1. Subdivision approval;
2. Change of use;
3. Building permit or other development approval for:
a. New residential construction;
b. Nonresidential new construction, or
nonresidential remodeling or additions that constitute
a change of use or increases the need for parking.
D. Boundaries of Temporary Prohibition. The moratorium
imposed by this ordinance shall apply to the area which is
currently zoned RMF-30 at 1365, 1379 and 1389 North Redwood Road
and the abutting rear vacant property associated with 1365 North
Redwood Road.
E. Length of Prohibition. This moratorium remains in
effect for a period of six months from the effective date of this
ordinance or until the effective date of the City Council's
action upon Petition No. 400-97-16 enacting a zoning amendment
for the area of North Redwood Road, whichever occurs first.
4
SECTION 2. This ordinance shall become effective on its
first publication and the City Recorder is instructed to record
this ordinance with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this
1l}-h day of January, 1998.
CHAIRPERSO
Y E
IEF D PUTY CI RE
Transmitted to Mayor on January 13, 1998
Mayor's Action: Approved
ST:
MAYOR
TY RECI'DER
Bit r�`'i� /�f 1998 .
Pub 1i-��. A►'guar 24, 1998
G:\Ordina98\moratorium redwood road.doc
Vetoed.
APPROVED AS TO FORM
Salt Lake City AAtiotney's Office
Date /-- S- 9&
By
5
SALT LAKE CITY ORDINANCE
No. 2 of 1998
(Enacting Section 21A.34.200 providing a temporary
moratorium prohibiting the issuance
of building permits for certain specified
developments within certain described
blocks in the area of North Redwood Road
pursuant to Petition No. 400-97-16.
AN ORDINANCE ENACTING SECTION 21A.34.200, SALT LAKE CITY
CODE, PROVIDING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE
OF BUILDING PERMITS FOR CERTAIN SPECIFIED DEVELOPMENTS WITHIN
CERTAIN DESCRIBED BLOCKS IN THE AREA OF NORTH REDWOOD ROAD
PURSUANT TO PETITION NO. 400-97-16.
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows
cities, without a public hearing, to enact ordinances
establishing temporary zoning regulations for any part or all of
the City if the City Council makes a finding of compelling,
countervailing public interest; and
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows
the City in the temporary regulation to prohibit or regulate the
erection, construction, reconstruction or alteration of any
building or structure; and
WHEREAS, the City is in the process of researching a
proposed zoning amendment for the area of North Redwood Road; and
WHEREAS, the City finds that allowing continuing
construction, erection and changes of use within the area of the
proposed zoning change adversely affects the City's interests in
controlling the density of development, parking, traffic,
compatibility of use and design, pedestrian orientation,
landscaping and other vital City interests, which constitute a
compelling, countervailing public interest which justifies a
temporary moratorium; and
WHEREAS, the City Council finds that the City's interest in
adopting this temporary moratorium outweighs any private
interests in developing under existing standards; and
WHEREAS, the City Council finds that no development plans
have any vested rights to develop under the existing ordinance;
and
WHEREAS, the City finds it appropriate that only building
permits for general repairs and remodeling which do not involve
changes of uses be granted during this temporary moratorium.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt
Lake City, Utah:
SECTION 1. That Section 21A.34.200 be, and the same hereby
is, enacted to read as follows:
21A.34.200 Temporary Prohibition on Construction or
Erection.
A. Findings of Countervailing Interest. Pursuant to
Section 10-9-404, Utah Code Annotated, the City Council expressly
2
finds that the adverse effects of allowing the development
specified in this section within the boundaries specified in this
section while the City conducts a public process leading to the
adoption of a zoning amendment for the area of North Redwood Road
is not in the best interests of the City and constitutes a
compelling, countervailing public interest sufficient to justify
a six-month prohibition.
B. Balancing of Public versus Private Interests. The City
Council further finds that any harm to private interest is de
minimis and outweighed by the City's interests in amending the
existing zoning in the area of North Redwood Road. The City
Council finds that no developments, the plans for which were not
submitted prior to 5:00 p.m. on January 13, 1998, in full
compliance with existing zoning regulations, have any right to
develop under those existing regulations. In addition, any
development plan applications submitted prior to 5:00 p.m. on
January 13, 1998, which have been disapproved by the Zoning
Administrator due to incompleteness, inaccuracies or non-
compliance, or which have not yet received the necessary approval
from the Planning Commission or the Historic Landmark Commission,
are specifically determined to have no vested right to develop
under existing regulations and the City shall not accept any re -
submittals of these disapproved applications, or proceed with any
3
further hearings for approval of those incomplete applications,
during the period of this ordinance.
C. Prohibitions. The City shall not accept, process or
grant an application for any of the following:
1. Subdivision approval;
2. Change of use;
3. Building permit or other development approval for:
a. New residential construction;
b. Nonresidential new construction, or
nonresidential remodeling or additions that constitute
a change of use or increases the need for parking.
D. Boundaries of Temporary Prohibition. The moratorium
imposed by this ordinance shall apply to the area which is
currently zoned RMF-30 at 1365, 1379 and 1389 North Redwood Road
and the abutting rear vacant property associated with 1365 North
Redwood Road.
E. Length of Prohibition. This moratorium remains in
effect for a period of six months from the effective date of this
ordinance or until the effective date of the City Council's
action upon Petition No. 400-97-16 enacting a zoning amendment
for the area of North Redwood Road, whichever occurs first.
4
SECTION 2. This ordinance shall become effective on its
first publication and the City Recorder is instructed to record
this ordinance with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this
13th day of January, 1998.
'15FIEF D PUTY CI Y
ORDER
Transmitted to Mayor on
CHAIRPERSO
January 13, 1998
Mayor's Action: )(X Approved
MAYOR
ST:
TY RECS'DER
Bil �r�'ra;.•,.,�:..•••'�„:f 1998
Publi���:g-A, }uary 24, 1998
G:\Ordina98\moratorium redwood road.doc
Vetoed.
APPROVED AS TO FORM
Sett Lake City Altorney'$ Office
Date /—S-9
By
5