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045 of 2015 - Temporary Land Use Regulation (21A.26.030.E) 0 15-1 0 15-11 SALT LAKE CITY ORDINANCE No. 45 of 2015 (Temporary land use regulation revising Subsection 21A.26.030.E, Salt Lake City Code.) An ordinance enacting a temporary land use regulation revising Subsection 21A.26.030.E, Salt Lake City Code, pertaining to the maximum size of a building in the CB zoning district. WHEREAS, Section 10-9a-504 of the Utah Code allows a municipality, without a public hearing, to enact ordinances establishing temporary land use regulations for any part or all of the municipality upon a finding of compelling, countervailing public interest made by the legislative body; and WHEREAS, the maximum size of a building in the CB zoning district is unlimited if approved pursuant to the conditional building and site design review (CBSDR) process; and WHEREAS, a large structure that is not in scale within the surrounding neighborhood can have a negative impact on adjacent properties and residents' quality of life; and WHEREAS, on November 12, 2013 the Salt Lake City Council enacted Ordinance 62-13 amending numerous land use provisions of Title 21A, Salt Lake City Code, pertaining to parking and transportation demand management which, among other things, amended Subsection 21A.44.030.G.7, Salt Lake City Code, to allow required parking for residential uses in CB and CN zoning districts to be reduced by fifty percent for any buildings with two or more types of uses (the "fifty percent reduction"); and WHEREAS, large buildings bring in additional residents and customers with vehicles that add to existing parking shortages and congestion; and WHEREAS, application of the fifty percent reduction and the CBSDR process that allows out-of-scale development in the CB zoning district has created unexpected parking shortages resulting in worsening congestion, frustrated residents and business owners, and has caused serious concern about the long-term desirability and livability of such areas. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Finding of compelling, countervailing public interest. Pursuant to Section 10-9a-504 of the Utah Code, the City Council expressly finds: A. Implementation of Subsection 21A.26.030.E and the provisions of Ordinance 62-13 have unexpectedly created parking shortages, increased traffic congestion, and led to development that is out of character and scale for neighborhoods, as explained above, all of which is detrimental to the stability and livability of property located in and adjacent to the CB zoning district. B. Without the temporary land use regulation set forth in Section 3 below, additional out-of-scale development projects may be approved in the CB zoning district under the CBSDR process pursuant to Subsection 21A.26.030.E, Salt Lake City Code, which is likely to increase and exacerbate parking shortages and traffic congestion. C. The foregoing constitutes a compelling, countervailing public interest which justifies the temporary land use regulation set forth in Section 3 below. SECTION 2. Balancing of Public vs. Private Interests. The City Council further finds that the effect of this temporary land use regulation on owners of private property, who might otherwise develop projects under the standard presently set forth in Subsection 21A.26.030.E, Salt Lake City Code, is outweighed by the public interest in maintaining the livability, quality, scale and character of neighborhoods located in and adjacent to CB zoning districts. SECTION 3. Temporary zoning regulations. Notwithstanding any other ordinance which the City Council may have adopted that may provide otherwise, from the effective date of this ordinance and during the period of this temporary land use regulation Subsection 21A.26.030.E, Salt Lake City Code, shall be, and hereby is, as follows: E. Maximum Building Size: The maximum size of any building shall not exceed twenty thousand (20,000) square feet. SECTION 4. Duration. This temporary land use regulation shall remain in effect for a period of six (6) months from the effective date of this ordinance or until the effective date of the City Council's action adopting revisions to Subsection 21A.26.030.E, Salt Lake City Code, whichever occurs first. SECTION 5. Effective date. This ordinance shall become effective immediately. Passed by the City Council of Salt Lake City, Utah, this 4th day of August, 2015. - _ c; �.. CHAI N / ATTEST: (4,4 -...,49 CITY RECORDER Transmitted to Mayor on August 11, 2015 • Mayor's Action: x. Approved. Vetoed. / ‘1.---1 04 crt-A) MAYO ATT (...._-----/ '7.(-- 6V , TY RECORDER w (SEAL) -: tipt- .."�+, ar 07141 , APPROVED AS TO FORM of • ;t, Date: �� �'i K5 �� . o ti, By: h .p''••--........•.• I A /L 6-tf %. d... ;IT:''':-," 0 LIAA(1_ iND0srtly Bill No. 45 of 2015. Published: August 19, 20.15.