063 of 1998 - Temporary Building Permit Moratorium for Property at 1575-1595 South 900 WestSTATE OF UTAH,
City and C',-ounty of Salt Lake.
Beverly Jones
Deputy
7199jj
CC)F D R
Recorder of Salt Lake Gity, Utah, do hereby
certify that the attached document is a full, true and correct copy of.. c?r.d. n?rc,
enacting Section 21 ..34.30O providing a tenporary mr)ra;uriu prohi ,iti K ,tlic
issuance cf building
or certain spccif ed d��;c1opne;r>ts r z proac,r,t�:.1gc;�.�c:.
575-1595 South c00 West pursuant to Petit
400,-,9983-23....
passed by City Council Executive Action of Salt Lake City, Utah, .. .............
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.,...,,_,,,,,.,.. }'......... ..... ,day of ..... Sep;emh;:2.................... .19.9f.
Published ... . f r ,
Deputy City Recorder
OSIO d68O8
0 96-
P 98-21
Affects Sidwell Nos,
15-
15-14-254-005
SALT LAKE CITY ORDINANCE
No. 63 of 1998
(Enactingction 21A.24.200 providing a temporary
moratorium prohibiting the issuance of building
permits for certain specified developments on
property located at 1575-1595 South 900 West,
pursuant to Petition No. 400-98-23.
AN ORDINANCE ENACTING SECTION 21A.34,300, SALT LAKE CITY
CODE, PROVIDING A TEMDORARY MORATORIUM PROHIBITING THE ISSUAN
OF BUILDING PERMITS FOR CERTAIN SPE IFIED DEVELCPMENTS ON THE
PROPERTY LOCATED AT 1575-1595 SOUTH 900 WEST, PURSUANT TO
PETITION NC. 400 8-22.
WHEREAS, Section 10-9-404 of the.Utah Cc'de Annotated
cities, with
establishing
a public hearing, to enact ordinances
zoning regulations for any pa -
allows
or all
the City if the City Council makes a finding o compelling,
countervailing public interest; and
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows
the City in the temporary regul
o 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 property located at 1575-1595
South 900 West; and
I-, 1 ncuga11181
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, transient population and
its impact upon local schools, parking, traffic, crime,
compatibility of use 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 I. That Section 21A.34.300 be, and the same hereby
is, enacted to read as follows:
21A.34.300 Temporary Prohibition on Construction or
Erection.
2
Z910%16808
A. Findings of Countervailing Interest. Pursuant to
Section 10-9-404, Utah Code Annotated, the City Council expressly
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 property at 1575-1595
South 900 West (Sidwell Nos. 15-14-254-004 and 15-14-254-005) is
not in the best interests of the City and constitutes a
compelling, countervailing public interest 'fficient to justify
a six-month prohibition.
B. Baianci.g of Public versus Private Interests. The City
Counci
er finds that any harm to private interest is de
minimis and outweighed by the City's interests in amending the
existing zoning for the Property. The City Council finds that no
developments, the plans for which were not submitted prior to
9:00 a.m. on March 30, 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 9:00 a.m. on March 30, 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 other administrative bodies are specifically determined to
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co
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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 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 property located at
1575-1595 South 900 West, (Sidwell Nos. 15-14-254-004 and 15-14-
254-005), which is currently zoned RMF-35.
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. 400-98-23 enacting a zoning amendment
for the Property, whichever occurs first.
4
IS I 01168083111
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 'ty, Utah, this
day of April , 1998.
A EST:
CHIEF DEPUTY CITY REIORDER
Transmitted to Mayor on
Mayor's Action:
(SEAL)
XX
Bill O. 63 of 1998.
Published: Soptpmhor 14, 19gil
August 25, 1998
Approved
G:\Ordina98\moratorium - 1575 S and 900 W.doc
MAYOR
5
Vetoed.
APPROVED AS TO FORM
Salt Lake City orney's Office
0 98-1
P 98-24
Affects Sidwell Nos.
15-14-254-004
15-14-254-005
SALT LAKE CITY ORDINANCE
No. 63 of 1998
(Enacting Section 21A.34.300 providing a temporary
moratorium prohibiting the issuance of building
permits for certain specified developments on
property located at 1575-1595 South 900 West,
pursuant to Petition No. 400-98-23.
AN ORDINANCE ENACTING SECTION 21A.34.300, SALT LAKE CITY
CawDE, PROVIDING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE
OF BUILDING PERMITS FOR CERTAIN SPECIFIED DEVELOPMENTS ON THE
PROPERTY LOCATED AT 1575-1595 SOUTH 900 WEST, PURSUANT TO
PETITION NO, 400-98-23.
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 property located at 1575-1595
South 900 West; 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, transient population and
its impact upon local schools, parking, traffic, crime,
compatibility of use 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.34.300 be, and the same hereby
is, enacted to read as follows:
21A.34.300 Temporary Prohibition on Construction or
Erection.
A. Findings of Countervailing Interest Pursuant Pursuant to
Section 10-9-404, Utah Code Annotated, the City Council expressly
finds that e adverse effects of allowing the development
specified in this section hin the boundaries specified in this
section while the City conducts a public process leading to the
adoption of a zoning amendment for the property at 1575-1595
South 900 West (Sidwell Nos. 15-14-254-004 and 4-254-005) is
not in the best interests of the City and constitutes a
compelling, countervailing public interest sufficient to justify
a six-month prohibition.
13,
1
Lc ve
. The City
Council further finds that any harm to private interest is de
rninimis and outweighed by the City's interests in amending the
existing zoning for the Property. The City Council finds that no
developments, the plans for which were not submitted prior to
9:00 a.m. on March 30, 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 9:00 a.m. on March 30, 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 other administrative bodies 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 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 property located at
1575-1595 South 900 West, (Sidwell Nos. 15-14-254-004 and 15-14-
254-005), which is currently zoned RMF-35.
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. 400-98-23 enacting a zoning amendment
for the Property, 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
7 day of April , 1998.
AEST:
CHIEF DEPUTY CITY RECORDER
Transmitted to Mayor on August , 1998
Mayor's Action: xx Approved
MAYOR
EST:
CHIEF
/ A
EPUTY RECORDER
(SEAL)
Bill No. 63 of 1998.
Published: September 14, 199R
G:\0rdina98\moratorium - 1575 S and 900 W.doc
ed.
AppROVED TO FORM
Data t
Salt Lake 04Y °inerCMfica
0011rir