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057 of 1994 - Enacting Section 21.16.060 providing a temporary moratorium prohibiting the issuance of any developmcz 51 ©s ROGER F. CUTLER CITY ATTORNEY SI quit, �t LAW DEPARTMENT September 12, 1994 Katie Dixon County Recorder 2001 South State, N1600 Salt Lake City, Utah 84190 Re: Salt Lake City Ordinance No. 57 Error Correction Dear Ms. Dixon: D DEEDEE CORRADINI MAYOR The Salt Lake City Recorder's Office has determined that there was a typographical error in Ordinance No. 57 of 1994 enacting Section 21.16.060(C) the date of the moratorium was shown to be January 5, 1994. In fact, the date should have been January 5, 1995. The City Recorder's Office has discussed the matter with your office. It was determined that we should file a Notice of Correction showing the new page with the appropriate 1995 date. Provisions should be made in the records to ensure that the erroneous Ordinance 57 cross references to the correction. Accordingly, we have attached the following Notice of Correction and ask that you assure that your office takes appropriate steps for the necessary recordation to clear up the error. Thank you very much for your cooperation. Sinc B BRB:rc Attachment G:\BB6616\Letters\Dixon.BRB istant City Attorney 431 SOUTH STATE, ROOM 505, SALT LAKE CITY, UTAH 84111 TELEPHONE: 801-333-7788, FAX: B01-333-7640 Ark NOTICE OF CORRECTION To Whom It May Concern: Ordinance No. 57 of 1994 adopted by the Salt Lake City Council on July 5, 1994 and recorded in Book 6980 beginning at page 2578 contains a typographical error on page 2581 in Section 21.16.060. The date in that section should be January 5, 1995 instead of January 5, 1994. The Salt Lake City Council has subsequently adopted and executed the accompanying corrected version of Ordinance No. 57 of 1994. Dated this i2 day of SsfAunbE.R IP: _41116. d Salt Lake Recorde STATE OF UTAH County of Salt Lake , 1994. ty Chief Deputy On the 12 day of September, 1994, personally appeared before me S. R. Kivett, who being by me duly sworn, did say that he is the Chief Deputy City Recorder of Salt Lake City Corporation. My Commission Expires: NOTARY PUBUC STATE OF UTAH ' 1111 •- .'J October 1,1987 BEVERLY JONES 451 South State 8415 Sah lake City, Utah 84111 Notary Puresiding in Salt Lake ounty, Utah PROPERTY OF SALT LAKE CITY R CO ": ,'S Or+iCE 451 SO. STATE, RM. 415 SALT LAKE CITY, UTAH 84111 5921266 09/14/94 1:03 PM * N D FEE* KATIE L. DIXON RECORDER: SALT LAKE COUNTY: UTAH SL CITY - RECORDER REC BY:Z JOHANSON :DEPUTY - WI NOTICE OF CORRECTION F r' 1-1 To Whom It May Concern: Ordinance No. 57 of 1994 adopted by the Salt Lake City Council on July 5, 1994 and recorded in Book 6980 beginning at page 2578 contains a typographical error on page 2581 in Section 21.16.060. The date in that section should be January 5, 1995 instead of January 5, 1994. The Salt Lake City Council has subsequently adopted and executed the accompanying corrected version of Ordinance No. 57 of 1994. Dated this la day of S p ambt2 4111,110Zi_ter Salt Lake Recorde STATE OF UTAH ) County of Salt Lake ) , 1994. ty Chief Deputy On the 12 day of September, 1994, personally appeared before me S. R. Kivett, who being by me duly sworn, did say that he is the Chief Deputy City Recorder of Salt Lake City Corporation. My Commission Expires: odowttow BEVERLY JONES 451 South State 0411 Salt lake City, Utah bait 6&,„. Notary Pu i residing in Salt Lake �ounty, Utah PROPERTY OF SALT LAKE RECO 1 :R'S O F,CE 451 SO. STATE, RM. 415 SALT LAKE CITY, UTAH 84111 0 94-1 0 94-19 SALT LAKE CITY ORDINANCE No. 57 of 1994 (Enacting Section 21.16.060 providing a temporary moratorium prohibiting the issuance of any development approvals, other than single family homes and for certain properties with fixed development rights, within the described boundaries. AN ORDINANCE ENACTING SECTION 21.16.060 OF THE SALT LAKE CITY CODE PROVIDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF ANY DEVELOPMENT APPROVALS, OTHER THAN SINGLE FAMILY HOMES AND FOR CERTAIN PROPERTIES WITH FIXED DEVELOPMENT RIGHTS, WITHIN THE DESCRIBED BOUNDARIES. 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, 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, Petition No. 400-94-57, dated May 24, 1994, to rezone property located within the boundaries of North Temple north to the north City limits and the Jordan River west to the I-215 Freeway is under consideration by the City; and WHEREAS, development of high density housing within this area of the Northwest Community under the current zoning regulations seriously threatens an overriding public interest to preserve district character, to sponsor development that reflects the relationship to the surrounding community, and to ensure that land uses make a positive contribution to neighborhood improvement and stability. Staff inspection of the area has identified clusters of multiple family developments which through lack of investment and maintenance have created a negative impact on the surrounding neighborhood; and WHEREAS, review of neighborhood zoning and land use patterns in response to the zoning change petition indicates that the current zoning is too permissive to assure compatible development pattern within this neighborhood. This existing zoning also conflicts with the overall goals of the Northwest Community Master Plan; and WHEREAS, public safety and welfare may be threatened with the construction of additional medium to high density housing. Specifically, the current R-2A density potential is 20 units per acre and development patterns that have evolved through the R-2A Planned Unit Development process have resulted in a cumulative adverse impact including increase of traffic on local streets, increase in demand for police services, and negative impacts on the school system through overcrowding and a transient school population; and 2 WHEREAS, incompatible characteristics of multiple family developments include excessive height, inadequate landscaping and buffer strips, and inadequate usable open space; and WHEREAS, the zoning change petition proposes rezoning certain vacant properties to reduce the density potential within this neighborhood. A modification in zoning classification will ameliorate the potential excessive development threat by lowering the allowable densities and will allow for residential development that is compatible with the surrounding neighborhood, the goals of the 1990 Urban Design Element, and the goals of the Northwest Community master plan; and WHEREAS, the City Council finds that the City's interests in adopting this temporary moratorium outweigh any private interests in developing under existing standards; and WHEREAS, the City Council finds it appropriate to allow the continuing development under existing R-2A standards of the following types of development already in process: A. Single family homes; and B. Any Condominium Planned Unit Development which preceded the filing of Petition 400-94-57. THEREFORE, the City Council of Salt Lake City, Utah, hereby enacts Section 21.16.060 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21.16.060 be, and the same hereby is, enacted to read as follows: 3 21.16.060. Temporary prohibition on new construction or erection. A. Pursuant to Section 10-9-404, Utah Code Annotated, the City Council expressly finds that the adverse effects of allowing the construction and erection of new development except for certain specified developments which are already being processed by the City, while the City investigates a comprehensive modification of the development standards within this district, is not in the best interests of the City and constitutes a compelling, countervailing public interest sufficient a six month prohibition. S. The City Council further specifically finds that any harm to private interests is de minimis and outweighed by the City's interests in the new standards. Further, the City Council finds that no developments, except for those specified in subsection 21.16.060.D., have any right to develop under existing R-2A standards. C. Development approvals shall not be granted, permits shall not be issued, and construction or erection shall not be allowed on any land presently zoned R-2A within North Temple north to the north City limits and the Jordan River west to the I-215 Freeway until January 5, 1994 or until the City Council's action upon Petition No. 400-94-57, whichever is sooner. D. The provisions of this moratorium shall not apply to the following specified developments: 4 to justify 1. Single family homes; and 2. Any Condominium Planned Unit Development for which approval was filed with the City prior to May 24, 1994. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect on its first publication and shall be recorded with the Salt Lake County Recorder. Passed by the City Council of Salt Lake City, Utah, this 5 ATTEST: day of July CITY RECORDER Transmitted to Mayor on Mayor's Action: , 1994. EON ,etc • %`� • July' '1; b'19�4 MAYOR 5 ATTEST: H E EPUTY CITY RECORDER (SEAL) Bill No. 57 of 1994. Published: July 13. 1994 G:\ORDINA94\TEMMORAT.SWA 6 STATE OF UTAH, City and County of Salt Lake, I Beverly Jones ss. Deputy RECEIVED AUG 0 5 1994 cITY RFCORDER 374 «.10 07/ 4/94 3_22 PM*3i HO .EL -3*'A KATIEL. DhX0 Fi ;LC:OR&E e SAL{ LAKE C 0UpT I Y iTAN St. CITY RECORDER RE : BY:3 FERGUSON !DEPUTY ... !C , City Recorder of Salt Lake City, Utah, do hereby certify that the attached document is a full, true and correct copy of Ordinance 57 of 1994 enacting SEction 21.16.060 providing a temporary moratorium prohibiting the.,,,,,,, issuance of, any, development approvals other than ,single ,fmnily, ,homes ,and ,for , , , , , , , certain properties with fixed development rights within the described boundaries... passed by City Council/Executive Action of Salt Lake City, Utah, July 5 19. 9A. 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 11 +r A. r ��i 2TR%; 4x. i F1F• •''t`, 1994 July 19..9.4 Deputy !/ City Recorder 19.... c� 0 94-1 0 94-19 * SALT LAKE CITY ORDINANCE No. 57 of 1994 (Enacting Section 21.16.060 providing a temporary moratorium prohibiting the issuance of any development approvals, other than single family homes and for certain properties with fixed development rights, within the described boundaries. AN ORDINANCE ENACTING SECTION 21.16.060 OF THE SALT LAKE CITY CODE PROVIDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF ANY DEVELOPMENT APPROVALS, OTHER THAN SINGLE FAMILY HOMES AND FOR CERTAIN PROPERTIES WITH FIXED DEVELOPMENT RIGHTS, WITHIN THE DESCRIBED BOUNDARIES. 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, 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, Petition No. 400-94-57, dated May 24, 1994, to rezone property located within the boundaries of North Temple north to the north City limits and the Jordan River west to the I-215 Freeway is under consideration by the City; and WHEREAS, development of high density housing within this area of the Northwest Community under the current zoning regulations seriously threatens an overriding public interest to preserve district character, to sponsor development that reflects the relationship to the surrounding community, and to ensure that land uses make a positive contribution to neighborhood improvement and stability. Staff inspection of the area has identified clusters of multiple family developments which through lack of investment and maintenance have created a negative impact on the surrounding neighborhood; and WHEREAS, review of neighborhood zoning and land use patterns in response to the zoning change petition indicates that the current zoning is too permissive to assure compatible development pattern within this neighborhood. This existing zoning also conflicts with the overall goals of the Northwest Community Master Plan; and WHEREAS, public safety and welfare may be threatened with the construction of additional medium to high density housing. Specifically, the current R-2A density potential is 20 units per acre and development patterns that have evolved through the R-2A Planned Unit Development process have resulted in a cumulative adverse impact including increase of traffic on local streets, increase in demand for police services, and negative impacts on the school system through overcrowding and a transient school population; and 2 WHEREAS, incompatible characteristics of multiple family developments include excessive height, inadequate landscaping and buffer strips, and inadequate usable open space; and WHEREAS, the zoning change petition proposes rezoning certain vacant properties to reduce the density potential within this neighborhood. A modification in zoning classification will ameliorate the potential excessive development threat by lowering the allowable densities and will allow for residential development that is compatible with the surrounding neighborhood, the goals of the 1990 Urban Design Element, and the goals of the Northwest Community master plan; and WHEREAS, the City Council finds that the City's interests in adopting this temporary moratorium outweigh any private interests in developing under existing standards; and WHEREAS, the City Council finds it appropriate to allow the continuing development under existing R-2A standards of the following types of development already in process: A. Single family homes; and B. Any Condominium Planned Unit Development which preceded the filing of Petition 400-94-57. THEREFORE, the City Council of Salt Lake City, Utah, hereby enacts Section 21.16.060 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21.16.060 be, and the same hereby is, enacted to read as follows: 3 21.16.060. Temporary prohibition on new construction or erection. A. Pursuant to Section 10-9-404, Utah Code Annotated, the City Council expressly finds that the adverse effects of allowing the construction and erection of new development except for certain specified developments which are already being processed by the City, while the City investigates a comprehensive modification of the development standards within this district, is not in the best interests of the City and constitutes a compelling, countervailing public interest sufficient to justify a six month prohibition. B. The City Council further specifically finds that any harm to private interests is de minimis and outweighed by the City's interests in the new standards. Further, the City Council finds that no developments, except for those specified in subsection 21.16.060.D., have any right to develop under existing R-2A standards. C. Development approvals shall not be granted, permits shall not be issued, and construction or erection shall not be allowed on any land presently zoned R-2A within North Temple north to the north City limits and the Jordan River west to the I-215 Freeway until January 5, 1994 or until the City Council's action upon Petition No. 400-94-57, whichever is sooner. D. The provisions of this moratorium shall not apply to the following specified developments: 4 1. Single family homes; and 2. Any Condominium Planned Unit Development for which approval was filed with the City prior to May 24, 1994. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect on its first publication and shall be recorded with the Salt Lake County Recorder. Passed by the City Council of Salt Lake City, Utah, this 5 day of July , 1994. ATTEST: 01,6(A-, CHA , OND1 �,�`'�" E i (Qa •F 1, CITY RECORDER %(7 Transmitted to Mayor on July 9tpi 94 Mayor's Action: gg a Approved MAYOR 5 Vetoed. t ATTEST: EPUTY CITY RECORDER (SEAL) Bill No. Published: 57 of 1994. July 13, 1994 G:\ORDINA94\TEMMORAT.SWA 6 * 0 94-1 0 94-19 * SALT LAKE CITY ORDINANCE No. 57 of 1994 (Enacting Section 21.16.060 providing a temporary moratorium prohibiting the issuance of any development approvals, other than single family homes and for certain properties with fixed development rights, within the described boundaries. AN ORDINANCE ENACTING SECTION 21.16.060 OF THE SALT LAKE CITY CODE PROVIDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF ANY DEVELOPMENT APPROVALS, OTHER THAN SINGLE FAMILY HOMES AND FOR CERTAIN PROPERTIES WITH FIXED DEVELOPMENT RIGHTS, WITHIN THE DESCRIBED BOUNDARIES. 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, 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, Petition No. 400-94-57, dated May 24, 1994 to rezone property located within the boundaries of North Temple north to the north City limits and the Jordan River west to the 1-215 Freeway is under consideration by the City; and WHEREAS, development of high density housing within this area of the Northwest Community under the current zoning regulations seriously threatens an overriding public interest to preserve district character, to sponsor development that reflects the relationship to the surrounding community, and to ensure that land uses make a positive contribution to neighborhood improvement and stability. Staff inspection of the area has identified clusters of multiple family developments which through lack of investment and maintenance have created a negative impact on the surrounding neighborhood; and WHEREAS, review of neighborhood zoning and land use patterns in response to the zoning change petition indicates that the current zoning is too permissive to assure compatible development pattern within this neighborhood. This existing zoning also conflicts with the overall goals of the Northwest Community Master Plan; and WHEREAS, public safety and welfare may be threatened with the construction of additional medium to high density housing. Specifically, the current R-2A density potential is 20 units per acre and development patterns that have evolved through the R-2A Planned Unit Development process have resulted in a cumulative adverse impact including increase of traffic on local streets, increase in demand for police services, and negative impacts on the school system through overcrowding and a transient school population; and 2 WHEREAS, incompatible characteristics of multiple family developments include excessive height, inadequate landscaping and buffer strips, and inadequate usable open space; and WHEREAS, the zoning change petition proposes rezoning certain vacant properties to reduce the density potential within this neighborhood. A modification in zoning classification will ameliorate the potential excessive development threat by lowering the allowable densities and will allow for residential development that is compatible with the surrounding neighborhood, the goals of the 1990 Urban Design Element, and the goals of the Northwest Community master plan; and WHEREAS, the City Council finds that the City's interests in adopting this temporary moratorium outweigh any private interests in developing under existing standards; and WHEREAS, the City Council finds it appropriate to allow the continuing development under existing R-2A standards of the following types of development already in process: A. Single family homes; and B. Any Condominium Planned Unit Development which preceded the filing of Petition 400-94-57. THEREFORE, the City Council of Salt Lake City, Utah, hereby enacts Section 21.16.060 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21.16.060 be, and the same hereby is, enacted to read as follows: 3 21.16.060. Temporary prohibition on new construction or erection. A. Pursuant to Section 10-9-404, Utah Code Annotated, the City Council expressly finds that the adverse effects of allowing the construction and erection of new development except for certain specified developments which are already being processed by the City, while the City investigates a comprehensive modification of the development standards within this district, is not in the best interests of the City and constitutes a compelling, countervailing public interest sufficient to justify a six month prohibition. B. The City Council further specifically finds that any harm to private interests is de minimis and outweighed by the City's interests in the new standards. Further, the City Council finds that no developments, except for those specified in subsection 21.16.060.D., have any right to develop under existing R-2A standards. C. Development approvals shall not be granted, permits shall not be issued, and construction or erection shall not be allowed on any land presently zoned R-2A within North Temple north to the north City limits and the Jordan River west to the I-215 Freeway until January 5, 1995 or until the City Council's action upon Petition No. 400-94-57, whichever is sooner. D. The provisions of this moratorium shall not apply to the following specified developments: 4 1. Single family homes; and 2. Any Condominium Planned Unit Development for which approval was filed with the City prior to May 24, 1994. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect on its first publication and shall be recorded with the Salt Lake County Recorder. Passed by the City Council of Salt Lake City, Utah, this 5 day of July , 1994. ATTEST: /�(� C'HIE]I DEPUTY ITY 'EC RDER Transmitted to Mayor on Mayor's Action: CHAIRPERSON August 29, 1994 5 ATTEST: Bill No. 57 of 1994. Published: July 13, 1994 G:\ORDINA94\TEMMORAT.SWA 6 *