085 of 1999 - Enacting a temporary moratorium prohibiting certain development activities in the area of approximat0 99-1
0 99-28
SALT LAKE CITY ORDINANCE
No. 85 of 1999
(Enacting a temporary moratorium prohibiting
certain development activities in the area
of approximately 2200 West and 2200 North)
C*Z AN ORDINANCE ENACTING A TEMPORARY MORATORIUM PROHIBITING
CERTAIN DEVELOPMENT ACTIVITIES IN THE AREA OF APPROXIMATELY 2200
WEST AND 2200 NORTH.
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 or subdivision approval; and
WHEREAS, the City is in the process of researching and
evaluating the desirability of a proposed zoning amendment for
certain properties in the area of approximately 2200 West and
2200 North; and
WHEREAS, the City finds that allowing certain development
activities within the area of the zoning study and evaluation
adversely affects the City's interests in controlling the density
of development, traffic, compatibility of use and design,
9L1O9(111i88)8
pedestrian orientation, agricultural and/or open space
preservation, 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 that only building permits for
general repairs and remodeling which do not involve changes of
use should be granted during this temporary moratorium.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt
Lake City, Utah:
SECTION 1. The City shall and hereby does enact the
following:
Temporary Prohibition Against Certain Development
Activities.
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
2
LLtt88d I tiC8N8
section while the City conducts a public process to review and
evaluate the desirability of enacting a zoning amendment for the
area approximately 2200 West and 2200 North 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 reviewing and
evaluating the desirability of changing the existing zoning in
the area of 2200 West and 2200 North. The City Council finds
that no developments, the plans for which were not submitted
prior to 5:00 p.m. on October 19, 1999, 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 October 19, 1999,
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 any other applicable City body, 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
3
8Lt1O9d I fi88)8
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. Rezoning;
2. Conditional uses;
3. Subdivision approval; or
4. Change of use.
D. Boundaries of Temporary Prohibition. The moratorium
imposed by this ordinance shall apply to the area which is
located West of Interstate 215, East of 3400 West, North of 1900
North and South of the Salt Lake/Davis County line.
E. Length of Prohibition. This moratorium shall remain 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 addressing any proposed zoning amendments for the area at
approximately 2200 West and 2200 North, whichever occurs first.
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.
4
6Lt109d1tJ£8N18
Passed by the City Council of Salt Lake City, Utah, this
19th day of October, 1999.
CHIEF DEPUTY CITY RECORDER
Acting
Transmitted to Mayor on
Mayor's Action:
XXX
CHAIRPERSON
10-19-99
Approved Vetoed.
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. 85 of 1999.
Published:
10-27-99
f C4 A., OL'3-tAAA4,-)
MAYOR r EackA,
G:\ordina99\moratorium 2200 N 2200 W.doc
5
STATE OF UTAH,
City and County of Salt Lake,
I, Christine Meeker, Chief Deputy City Recorder of Salt Lake City, Utah, do hereby certify that
the attached document is a full, and correct and true copy of Ordinance 85 of 1999, Enacting a
temporary moratorium prohibiting certain development activities in the area of
approximately 2200 West and 2200 North.
Passed by City Council October 19, 1999
Published 10-27-1999
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said
City, this 4th day of February, 2000.
hief Deputy City Recorder, alt Lake City, Utah
7571032
02/08/2000 09:41 Atf NO FEE
NANCY WORKMAN
RECORDER, SALT LANE COUNTY, UTAH
H
SL CITY RECORDER
BY: Z.TM, DEPUTY - I 6 P.
3
18fi49dft1C8)8
0 99-1
0 99-28
SALT LAKE CITY ORDINANCE
No. 85 of 1999
(Enacting a temporary moratorium prohibiting
certain development activities in the area
of approximately 2200 West and 2200 North)
AN ORDINANCE ENACTING A TEMPORARY MORATORIUM PROHIBITING
CERTAIN DEVELOPMENT ACTIVITIES IN THE AREA OF APPROXIMATELY 2200
WEST AND 2200 NORTH.
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 or subdivision approval; and
WHEREAS, the City is in the process of researching and
evaluating the desirability of a proposed zoning amendment for
certain properties in the area of approximately 2200 West and
2200 North; and
WHEREAS, the City finds that allowing certain development
activities within the area of the zoning study and evaluation
adversely affects the City's interests in controlling the density
of development, traffic, compatibility of use and design,
pedestrian orientation, agricultural and/or open space
preservation, 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 that only building permits for
general repairs and remodeling which do not involve changes of
use should be granted during this temporary moratorium.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt
Lake City, Utah:
SECTION 1. The City shall and hereby does enact the
following:
Temporary Prohibition Against Certain Development
Activities.
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
2
section while the City conducts a public process to review and
evaluate the desirability of enacting a zoning amendment for the
area approximately 2200 West and 2200 North 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 reviewing and
evaluating the desirability of changing the existing zoning in
the area of 2200 West and 2200 North. The City Council finds
that no developments, the plans for which were not submitted
prior to 5:00 p.m. on October 19, 1999, 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 October 19, 1999,
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 any other applicable City body, 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
3
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. Rezoning;
2. Conditional uses;
3. Subdivision approval; or
4. Change of use.
D. Boundaries of Temporary Prohibition. The moratorium
imposed by this ordinance shall apply to the area which is
located West of Interstate 215, East of 3400 West, North of 1900
North and South of the Salt Lake/Davis County line.
E. Length of Prohibition. This moratorium shall remain 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 addressing any proposed zoning amendments for the area at
approximately 2200 West and 2200 North, whichever occurs first.
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.
4
Passed by the City Council of Salt Lake City, Utah, this
19th day of October, 1999.
CHIEF DEPUTY CITY RECORDER
Acting
Transmitted to Mayor on
10-19-99
Mayor's Action: XXX Approved Vetoed.
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. 85
Published:
of 1999.
10-27-99
MAYORt
( /a1-.,„ 1
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