057 of 2010 - amending Ordinance Nos. 13 and 17 of 2010 regarding a temporary land use regulation for the Yalecres 0 10-1
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SALT LAKE CITY ORDINANCE
No. 57 of 2010
(An Ordinance amending Ordinance Nos. 13 and 17 of 2010 regarding a temporary land use
regulation for the Yalecrest National Historic District and the Westmoreland Place Subdivision.)
An ordinance amending Ordinance No. 13 of 2010, revising the provisions of a
temporary land use regulation affecting areas in Salt Lake City known as the Yalecrest National
Historic District and the Westmoreland Place Subdivision.
WHEREAS, on March 9, 2010, the Salt Lake City Council ("City Council") adopted
Ordinance No. 13 of 2010 (the "original ordinance") which enacted a temporary land use
regulation pursuant to section 10-9a-504 of the Utah Code, which modified and limited
development activity in areas of the city known as the Yalecrest National Historic District and
the Westmoreland Place Subdivision; and
WHEREAS, on March 30, 2010 the City Council adopted Ordinance No. 17 of 2010,
which modified Ordinance No. 13 of 2010 to address concerns related to vested property rights;
and
WHEREAS, the Salt Lake City Historic Landmark Commission held a public hearing on
May 19, 2010 and the City Planning Commission held a public hearing on May 26, 2010 on an
application to amend the City's Zoning Map to establish the Westmoreland Place Historic
District and apply the H Historic Preservation Overlay zoning district, and voted to forward a
positive recommendation to the City Council on said application; and
WHEREAS, the City Council intends to hold a public hearing on the aforementioned
application to amend the Zoning Map to establish the Westmoreland Place Historic District and
apply the H Historic Preservation Overlay zoning district before the expiration of the temporary
land use regulations adopted in Ordinance No. 13 of 2010 (as modified by Ordinance 17 of
2010); and
WHEREAS, the City Council finds that, although preservation of historically,
architecturally and culturally significant resources in the area known as the Yalecrest National
Historic District presents a compelling, countervailing public interest that justifies the enactment
of temporary land use regulations as contained in Ordinance Nos. 13 and 17 of 2010, there is
also a compelling public interest in restoring and maintaining harmony within the City's
neighborhoods; and
WHEREAS, having had time to further examine the issue of historic preservation in the
Yalecrest National Historic District, the City Council finds that some portions of that National
Historic District are not yet ripe for local historic designation; and
WHEREAS, it is, therefore, in the public's best interest to amend Ordinance Nos. 13 and
17 of 2010 to remove certain areas within the Yalecrest National Historic District from the scope
of the aforementioned temporary regulations.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending Section 3 of Ordinance No. 13 of 2010. That section 3 of
Ordinance No. 13 of 2010, which was amended by Ordinance No. 17 of 2010, is hereby
amended to read as follows:
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,
(excluding the Upper Laird Park, Mayfair Park, Hillside Park, Yalecrest Heights,
Upper Yale 3rd Addition and Colonial Heights subdivisions and the property upon
which Uintah Elementary School is presently situated), as identified in Exhibit
"A"hereto, and the Westmoreland Place Subdivision, identified in Exhibit"B"
hereto, shall not be:
a. Demolished, unless one of the following conditions exists:
1. The City's Building Official approves demolition of a dilapidated
structure determined to present a threat to the safety of inhabitants by
virtue of its condition.
2. A building permit was issued prior to the City Council's action on this
ordinance, which would require demolition of a structure or structures
in order for the development described in the building permit to be
completed. Under such circumstances, a demolition permit may be
issued without regard to this ordinance. This provision shall not apply
to development activities for which building permits have expired.
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 2. Amending Exhibit "A"to Ordinance No. 13 of 2010. That Exhibit "A"to
Ordinance No. 13 of 2010 is hereby amended to read and appear as provided in Exhibit#1
attached hereto.
SECTION 3. Effective date. This ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City, Utah, this 6th day of July, 2010.
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Transmitted to Mayor on 7-6-2010
Mayor's Action: )( Approved. Vetoed.
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HB_ATTY-#I3279-v10-Ordinance_amending_ordinances_13_and_17_of 2010_-_Yalecrest_Temp_Land_Use_Regs.DOC
EXHIBIT "1"
Areas to be removed from the temporary land use regulations, Ordinances 13 and 17 of 2010,
applicable to the Yalecrest National Historic District
Excluding the Upper Laird Park, Mayfair Park, Hillside Park,Yalecrest Heights, Upper Yale
3rd Addition and Colonial Heights subdivisions and the property upon which Uintah
Elementary School more particularly described as -All of Lot 2, BLK 29, Five Acre Plat C, Big
Field Survey.