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086 of 1985 - Moratorium - Westminster Neighborhood - Petition No. 400-277 of 1985 0 85-1 • - APPROVED FOR 0 85-38 F �' SALT LAKE CITY ORDINANCE No . 86 of 1985 (Moratorium - Westminster Neighborhood) AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 51 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RELATING TO BUILDING PERMITS BY ADDING THERETO A NEW SECTION 51-4-5B RELATING TO A TEMPORARY MORATORIUM. WHEREAS, on January 28, 1985, Petition No. 400-277 of 1985 was submitted by the Sugarhouse Community Council requesting the City Council consider rezoning to a Residential "R-5" use district classification , the property presently zoned Commercial " C-3 " which runs from 900 East Street east to the rear of lots on the east side of McClelland Avenue , and from south of the rear lot lines of the residentially zoned south side of Hollywood Avenue extending south 234. 7 feet. This proposal would create a medium density Residential "R-5" transition buffer between the commercial property fronting 2100 South and the low density "R-2" district on Hollywood Avenue. An objective of the change is to lessen the incentive for continued speculation and the destruc- tion of existing housing for non-residential purposes that undercuts the stability of the residential community ; and WHEREAS, on July 3, 1985, Petition 400-344 was submitted by Dan Miller requesting that the existing "C-3" district be left to accommodate its development and expansion of the business community on 2100 South ; and JAT Z -.- WHEREAS, appropriate review, consideration and resolution of the issues raised in said petition are hereby declared to be compelling public interests which require preservation of the status quo, and temporary restrictions on the existing "C-3" regulations in the areas to protect against unnecessary or speculative destruction of existing housing stock , conversions of housing into businesses, both of which can change and detract from the character of the residential neighborhood . Be it ordained by the City Council of Salt Lake City , Utah: SECTION 1. That Section 51-4-5 of the Revised Ordinances of Salt Lake City , Utah, 1965, relating to building permits, be, and the same hereby is amended by ADDING Section 51-4-5B relating to a moratorium affecting the acceptance of plans and issuance of permits and business licenses which reads as follows : Sec. 51-4-5B. Temporary Moratorium. Unless plans ccmply with the regulations applicable in a Residential "R-5" district , no building permit, plans or application for the purpose of demolition, addition , reconstruction , alteration or new construction or subdivision development of any premise within the Westminister Community, described below , shall be accepted by the Planning or Building Departments, nor shall any permits be issued by the Building Inspector, nor shall any business licenses be issued by the Licensing Department. This moratorium on accepting plans , applications and issuance of permits , licenses and approvals, imposed to preserve the status quo , and the existing -2- f residential structures, shall extend for six months or until such sooner time as the City Council takes action upon pending Petitions No. 400-277 and 400-344 of 1985, requesting rezoning of said property. Said property, located in the vicinity of 900-1100 East, just north of 2100 South and south of the south side of Hollywood Avenue , is more particularly described as follows : Commencing at the southeast corner of Hollywood Avenue and 900 East Street and running thence South along the East line of 900 East Street 125 feet to the true point of beginning ; thence South along the East line of 900 East Street 234. 7 feet ; thence East 1,306. 65 feet ,to a point being 161. 18 feet East of the East line of McClelland Street ; thence N 5 *04 '09" E 23 5. 6 feet ; thence West 1, 324. 18 feet, to the true point of beginning . SECTION 2. In the opinion of the City Council of Salt Lake City, Utah, it is necessary to the peace , health and welfare of the inhabitants of Salt Lake City that this moratorium be imposed immediately to preserve the status quo until it can consider pending Petitions No . 400-277 and 400-344. SECTION 3. This ordinance shall take effect upon its first p ub 1 is atio n. Passed by the City Council of Salt Lake City , Utah, this 19th day of November , 1985. CHAIRMAN -3- ATTEST: CITY RECORDER Transmitted to Mayor on November 19, 1985 Mayor's Action: November 19, 1985 MAYOR ATTEST: P�al� TY RECORDER cm12 3 � t AL ) i liii 8ev�6 of 10 85 Klb iohsd: November 28, 1985 -4- l/C-- o Affidavit of Publication ADM-35A'`F STATE OF UTAH, ss. County of Salt Lake _ Cher�rl Gi erl off T�I1KE CITY pRD1NYA 'E ............ No•86 of 19w IN ToriiJn+:WNeitmihsfer NNahboehoodf AR tTING T 13BUILD NG PE SALT Kim C 1TYL UfiIAHI, ME SECTION S1t1.58 REtL�6 T AD7DINAGP E RY o.AT IE ECTI J� .1 of�y5 Being first duly sworn, deposes and says that he/she is S the or111yGaun�tl at. legal advertising clerk of the DESERET NEWS, a daily COu�yt11�t rez mOrodRe6idenlWiflXrS!'use I on,the 0resenilyzoned Commlerci0l IYC-g,w runs fro et east toHcerearottots newspaper printed in the English language with general of MCCI Avenue,and,from alit }. . 1 filer#si d south side p Noli circulation in Utah, and published in Salt Lake City, yyThl;pr ai would ' Salt Lake County, in the State of Utah. an frtla?'R-5"Yranst buffer the fro"Ag 2100 South nd the IoW densNltyy IS'• I vWood.Avenue.An I ve of fre Cbange itCeMlve,for'CoMihued 10"dn dnd1he de-• u- Isn hoaslno non.eel I pu $that That the legal notice of which a copy is attached hereto ity of}her ideni�at n On July 3�14 Pe / Subm b III stin ft uei titioneexlati �¢fppeeleflf�o Cao ' �+ ).ate ands afthebusiness Salt„Lake.Ci ty„jCdi R• jq.c•�,NQ;..$�..Qf...l9$ ............. +� s r 's '�; a' , � _ .........MQr.Atora.um.....ke.smi.n.st.er..Ne igbborhaod.. re ul on atlal :su�• ul vE d� � �n ct nhous�.9"t "'"nesses,: of hisCi�}p act f fh9 Eesldemlal ndi �pqy Ctt� o CTI aP�n s��rat5 of life Re�Or nCesi Of Salt fake City,Ufa ,.1965,relating to building per list be and came hare�hp��is amended by ADDING Section 51.4-5�relgit ro a mora?orlitm affecting the acceptance of plans and ............................................................................................. issuance•of permits and business licenses which reads as fol- lows: Sec.51.1.58.Temporary Moratorium.Unless e p wiwith the regulations appllcgqble in a Reside ntlal'Ya- ththnegrpeerulatmN,Plans pi applicationforth ............................................................................................. Hon,addit9on reconstruction,alteration or now construction or subdivision development of any premise within the Westminis- for Community,deseritxad below,shall be accepted bythePlan- was published in said newspaper on.................................. nIny or Building Departments,nor shall any permits be Issued by the Building Inspector nor shall any business Incenses I Isfe sued by the Licensingp department.This moratorium on ac. cepting plans,applicallons and Issuance of permits,licenses and approvals imposed to reserve the status quo,and the exist- .......... o u embo r..2_8.,..].9 8.5..................................................... Inp residentto(sfructures shall extend for six months or until such sooner time as the City Council takes action upon Pendingp Petitions No.y400.277 and 400.344 of 1985,requesting rezoning of A soitlSPald pry f ............................................. 1. .. G:. Aver e,21"__e pa°nd wiuth t me s'ooutth}goo. 'of Hollyw000d Legal d tising rk Avenue,is more particulOrly described as follows: Commencinr1gy aTthe so St corner of Hollywood Avenue and 900 East Sheet and running thence South a10 the East line of 900 East Street 123 feet to fhe true Mastbeginning-thence south along the East fine of 9g�o0�1ETast Street 2A7 feet;thence East 1 306.65 feet td a la3nid Sheflef�t161.18 her c8e N 5 0, of the Z35 6 fe4elr}he�te West SECTION 2.'in the o the frpinlonooi the C in Council of it Lake City,Utah ,is necessary ro the peace,health and welfare of the inhabltan{s of Salt Lace Ctfy that thls moratorium be Imposed immedkftlY ro eserve the status quo until it con consider pending Pelfflo�fsprNo�00-277 and 40ll 4 SECTION 3.This orol a shall take.eNod upon ks tlrgt ore me this .Sth................................. day of pybilcalton. Posed by the CMy Council of Sato Lake City,Utah,this 191h day of November,1985. - -- S.Fonnesbeck A D. 19..86. ATTEST: CHAIRMAN Kathryn Marsh pll CITY RECORDER Tronsnlitfed.to Mayan%November 19,1985. Mayor's Action:November 19,1985 y ! Palmer DMAYOR r C.:r ��`... � O ATTEST•t Notary Public Kathryn Marshall CITY RECORDER (SEAL) - 11186 of 19$5 (085.38) _ W halted November 28,�.1985 �y 3