013 of 2010 - Enacting temporary land use regulations for areas known as the Yalecrest National Historic District 1
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SALT LAKE CITY ORDINANCE
No. 13 of 2010
(An Ordinance enacting temporary land use regulations for areas known as the
Yalecrest National Historic District and the Westmoreland Place Subdivision)
An ordinance enacting temporary land use regulations for areas in Salt Lake City known
as the Yalecrest National Historic District and the Westmoreland Place Subdivision to preserve
important historic, architectural and cultural resources and allow for the implementation of
historic preservation regulation.
WHEREAS, Section 10-9a-504 of the Utah Code allows cities, without a public hearing,
to enact ordinances establishing temporary land use regulations for any part or all of a
municipality if the municipality's legislative body makes a finding of compelling, countervailing
public interest; and
WHEREAS, Section 10-9a-504 of the Utah Code allows a municipality in a temporary
land use regulation to prohibit or regulate the erection, construction, reconstruction or alteration
of any building or structure; and
WHEREAS, Salt Lake City Corporation (the "City") is presently engaged in historic
preservation land use planning activities for the areas identified as the Yalecrest National
Historic District and the Westmoreland Place Subdivision; and
WHEREAS, the Yalecrest National Historic District is an area of the City that has been
placed on the National Register of Historic Places; and
WHEREAS, the Westmoreland Place Subdivision, which was established in 1913, is
adjacent to the Yalecrest National Historic District; and
WHEREAS, the City finds that the areas identified herein contain historically,
architecturally and culturally significant buildings; and
WHEREAS, demolition of any structures in the aforementioned areas would likely cause
irreparable harm to these important historical, architectural and cultural resources in Salt Lake
City and would nullify important historic preservation land use planning efforts in which the City
is presently engaged; and
WHEREAS, the City finds that the need to preserve historically, architecturally and
culturally significant structures such as the buildings located in the areas identified herein
constitutes a compelling, countervailing public interest which justifies a temporary land use
regulation; and
WHEREAS, the City Council finds that the City's interest in adopting these temporary
land use regulations outweighs any private interest in developing under existing standards in the
subject area.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Finding of compelling, counterveiling public interest. Pursuant to Section
10-9a-504 of the Utah Code, the City Council expressly finds that the risk of a long term
detrimental impact upon the community resulting from the potential approval of demolition of
buildings in the Yalecrest National Historic District and the Westmoreland Place Subdivision
would irreparably harm the City's stock of historically, architecturally and culturally significant
resources and would threaten the City's historic preservation land use planning efforts, and
constitutes a compelling, countervailing public interest sufficient to justify these temporary land
use regulations. A copy of the City's Historic Preservation Map, which identifies the boundaries
of the Yalecrest National Historic District is attached hereto as Exhibit "A", and a copy of the
Westmoreland Place Subdivision plat recorded in 1913 is attached hereto as Exhibit "B".
SECTION 2. Balancing of Public vs. Private Interests. The City Council further finds
that any harm to private interests is de minimus and is outweighed by the City's interest in
maintaining the quality and character of the community and preserving the important historical,
architectural and cultural resources situated within the identified areas while the City Council
reviews and evaluates specific proposals for changes to the existing zoning regulations in the
Yalecrest National Historic District and the Westmoreland Place Subdivision as identified in
Exhibits "A" and"B", respectively.
SECTION 3. Temporary zoning regulations; boundaries. Notwithstanding any other
ordinance which the City Council may have adopted that may provide otherwise, during the
period of this temporary land use regulation, any structure situated in the Yalecrest National
Historic District, as identified in Exhibit "A"hereto, and the Westmoreland Place Subdivision,
identified in Exhibit "B"hereto, shall not be:
a. Demolished, except the City's Building Official may approve demolition of any
dilapidated structure determined to present a threat to the safety of inhabitants by
virtue of its condition; or
b. Remodeled, altered, or enlarged in a manner which would alter the exterior of the
structure, except in conformance with regulations set forth in Section 21A.34.020,
Historic Preservation Overlay District, and the Historic Residential Design Guidelines
adopted by the City.
SECTION 4. Duration. These temporary land use regulations shall remain in effect for
a period of six (6) months from the effective date of this ordinance, or until the effective date of
the City Council's action adopting revisions to the City's land use regulation pertaining to the
areas and issues identified above, whichever occurs first.
I
SECTION 5. Effective date. This ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City, Utah, this 9th day of March, 2010.
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CHAIRPERSON- 114:e_.,e-
ATTEST:
CIT RECORDER ciTy,
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Transmitted to Mayor on 3-12-10
Mayor's Action: Y Approved. Vetoed.
MAYO '
ATTEST:
APPROVED AS TO FORM
CI}\ Salt Lake City Attorney's Office
TY E G(41 a 4 j�, Date: VA1M2Cti- I v 12 U I D
:N. P IC. ielso , en or City Attorney
(SEAL)
Bill No. i3 of 2010.
Published: 3-10-10 .
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Sett Leke Cdy Plan ng DIVI51°n
Exhibit A Yalecrest National Register Historic District G°°'201101M0 nauw sys'°m
Exhibit B Westmoreland Place National Register Historic District March