097 of 1999 - Enacting a temporary moratorium prohibiting certain development activities on the Properties located0 99-1
0 99-37
SALT LAKE CITY ORDINANCE
No. 97 of 1999
Ckl (Enacting a temporary moratorium prohibiting
certain development activities on the
Properties located at 901 and 945 East 2100 South)
AN ORDINANCE ENACTING A TEMPORARY MORATORIUM PROHIBITING
CERTAIN DEVELOPMENT ACTIVITIES ON THE PROPERTIES LOCATED AT 901
AND 945 EAST 2100 SOUTH.
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 located at 901 and 945 East 2100 South; 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, site
and building design, pedestrian orientation, landscaping and
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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.
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 Ordinance within the boundaries specified in
this Ordinance while the City conducts a public process to review
and evaluate the desirability of enacting a zoning amendment for
the Properties located at 901 and 945 East 2100 South is not in
the best interests of the City and constitutes a compelling,
countervailing public interest sufficient to justify a six-month
prohibition.
2
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 for
the properties located at 901 and 945 East 2100 South. The City
Council finds that no developments, the plans for which were not
submitted prior to 5:00 p.m. on November 24, 1999, in full
compliance with existing zoning regulations, and other City
ordinances and requirements applicable to new construction, have
any right to develop under those existing regulations. In
addition, any development plan applications submitted prior to
5:00 p.m. on November 24, 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 of those incomplete
applications, during the period of this ordinance.
C. Prohibitions. During the period of this Ordinance the
City shall not accept, process or grant an application for any
subdivision approval, change of use, demolition, building permit,
(o
LID
3
conditional use, planned development or other development
approval for new construction, remodeling or additions, unless
such application complies with the standards and procedures of
the Sugar House Business District zoning.
D. Boundaries of Temporary Prohibition. The moratorium
imposed by this ordinance shall apply to the properties located
at 901 and 945 East 2100 South (Sidwell Nos. 16-20-127-009 and
16-20-127-010).
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
properties located at 901 and 945 East 2100 South, 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.
Passed by the City Council of Salt Lake City, Utah, this
7th day of December, 1999.
4
ATTEST:
CHIEF DEPUTY TY
Transmitted to Mayor on December 7, 1999
Mayor's Action: XXX Approved Vetoed.
firST :
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. 97 of 1999.
December 11, 1999
Published:
G:\ordina99\moratorium 901 and 945 East 2100 South.doc
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CERTIFICATION
STATE OF UTAH,
City and County of Salt Lake,
I, Scott C. Crandall, Deputy City Recorder of Salt Lake City, Utah, do hereby certify that
this document is a full, true and correct copy of Ordinance 97 of 1999 enacting a
temporary moratorium prohibiting certain development activities on the properties
located at 901 and 945 East 2100 South.
Passed by City Council action of Salt Lake Cit tah on Iecember 7, 1999.
Published on December 11, 1999.
IN WITNESS WHEREOF, I have her nto set my and - d a -. ,'e co •orate .eal of
said City, this 13' day of December
e • ty i y Rec. der alt Lake City, Utah
7 532093
_' /13r199 1' :09 PM NO FEE' ANC WORKKIV9. CO
RECORDER, )' i LAKE COUNTY, UTAH CA)
SL CITY - RECORDER iNj
!-r= UM, DEVUr`i - WI 6 F L1
0 99-1
0 99-37
SALT LAKE CITY ORDINANCE
No. 97 of 1999
(Enacting a temporary moratorium prohibiting
certain development activities on the
Properties located at 901 and 945 East 2100 South)
AN ORDINANCE ENACTING A TEMPORARY MORATORIUM PROHIBITING
CERTAIN DEVELOPMENT ACTIVITIES ON THE PROPERTIES LOCATED AT 901
AND 945 EAST 2100 SOUTH.
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 located at 901 and 945 East 2100 South; 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, site
and building design, pedestrian orientation, 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.
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 Ordinance within the boundaries specified in
this Ordinance while the City conducts a public process to review
and evaluate the desirability of enacting a zoning amendment for
the Properties located at 901 and 945 East 2100 South is not in
the best interests of the City and constitutes a compelling,
countervailing public interest sufficient to justify a six-month
prohibition.
2
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 for
the properties located at 901 and 945 East 2100 South. The City
Council finds that no developments, the plans for which were not
submitted prior to 5:00 p.m. on November 24, 1999, in full
compliance with existing zoning regulations, and other City
ordinances and requirements applicable to new construction, have
any right to develop under those existing regulations. In
addition, any development plan applications submitted prior to
5:00 p.m. on November 24, 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 of those incomplete
applications, during the period of this ordinance.
C. Prohibitions. During the period of this Ordinance the
City shall not accept, process or grant an application for any
subdivision approval, change of use, demolition, building permit,
3
conditional use, planned development or other development
approval for new construction, remodeling or additions, unless
such application complies with the standards and procedures of
the Sugar House Business District zoning.
D. Boundaries of Temporary Prohibition. The moratorium
imposed by this ordinance shall apply to the properties located
at 901 and 945 East 2100 South (Sidwell Nos. 16-20-127-009 and
16-20-127-010).
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
properties located at 901 and 945 East 2100 South, 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.
Passed by the City Council of Salt Lake City, Utah, this
7th day of December, 1999.
4
ATTEST:
P�
CHIEF DEPUTY TY ECORDER
Transmitted to Mayor on December 7, 1999
Mayor's Action: XXX Approved Vetoed.
r`TyST :
��
CHIEF DEPUT CIT
(SEAL)
Bill No. 97 of 1999.
December 1999
Published:
G:\ordina99\moratorium 901 and 945 East 2100 South.doc
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