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087 of 1985 - Moratorium - Westminster Neighborhood - Petition No. 400-277 of 1985 0 85-1 ' . 0 85-38 5 FOR SALT LAKE CITY ORDINANCE ; No . 87 of 1985 (Moratorium - Westminster Neighborhood) AN ORDINANCE AMENDING CHAPTER 5 OF TITLE 5 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RELATING TO BUILDING PERMITS BY ADDING THERETO A NEW SECTION 5-5-1 (4 ) RELATING TO A TEMPORARY MORATORIUM. WHEREAS, on January 28, 1985, Petition No. 400-277 of 1985 was submitted by the Sugarhouse Canmunity 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 fran 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 accanmodate its development and expansion of the business community on 2100 South ; and 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 fron the character of the residential neighborhood . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 5-5-1 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to building permits, be, and the same hereby is amended by ADDING Section 5-5-1 (4 ) relating to a moratorium affecting the acceptance of plans and issuance of permits and business licenses which reads as follows : Sec . 5-5-1 (4 ) . Temporary Moratorium. Unless plans comply 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- z 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 5 004 109" E 23 5. 6 feet ; thence Vie st 1, 324. 18 feet, to the true po int 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 publication. Passed by the City Council of Salt Lake City, Utah, this 19th day of November , 1985. a� . CHAIRMAN -3- ATTEST: 0,CITY RECORDER Transmitted to Mayor on November 19, 1985 Mayor's Action: November 19, 1985 MAYOR ATTEST: ITY RECORDER cm12 3 . sr L 85 Published. November 28, 1985 -4- » Affidavit of Publication ADM-35A STATE OF UTAH, ss. County of Salt Lake +ALT E CITY ORDINApeE 67af,r Cher 1 Gi erl off 'ii"Q qg� Y............................................................................. - Msratopripm=/�W�Ystmnster FtN boyhood T A ED TQ IM)RDINAGg,NG CH T 5 OF Tt�LE 5 OF ,f�0�_ �A CITY UTAH, T W SECTIONS 5 D1(1)REE IN AA[f�LEMPORA Y A IUA HtREAS on January 28,19135 PetlHonNo.400r277of1985 Being first dui sworn deposes and says that he/she is sub( lwed 6y"'I'S�orhouse, mun,"Y�QU l request- g y e��h�tttYy Counctl coi�slder rezoNnop Re§Itl�la 1'; �yy�Use triciusslflcoflon,thspr prase yiafl�lQpfhetc(q, legal advertising clerk of the DESERET NEWS, a daily ' -3"w Ich runs from 900 East 5 eat eay�to file rem of IOta on east tdeotMcClellandAvenue,andfram30 9fther9or newspaper printed in the English language with general ,nuedf it ON of Me restdenttally3o ledgoufh side 4f ( e.. me ON south234.7I ; It,sPrapb t ° a: circulation in Utah, and published in Salt Lake City, m to dons Residentl�l'R'-S transition b erc)dl Property fronting 2100 South and the aw density ! Salt Lake County, in the State of Utah. •"dl�trictgn Hollywood Avenue.An ob)eclive of the cho e 1 ""lessen ap)Mive for continued spy I an and thtve str on of hou lhg nbn-est" a1 Pu sea 11i ern 'HERE,. t�l,�iOfthe rr,Fl,°nt�°''c°"`h'u"wny' ' ' I That the legal notice of which a copy is attached hereto HERE Jl�y 3 1985,Petktoil_400r34�ias sutimHted by Dan Miller taquesfl09{hatthe e>1stt 3i'd strictbe l to ocdmmoV on d°M!2 veippfmpnf :e�Cpp�e(gRpf the;b4siness' �ymy REAS, J w'g�naI anCI--u• .........�al±..Lake ftty..Drdi.nante.ho-87...af...l98a............. H°ri"of Issues rd ad Mil on are ebh y'declored to 00 M.corn IIlnp.ppugtin JMere��ffgg yfiith require preservation of the st quo'dndtemporary restrictions on the existing"C-3" regulatIons tnction,areas easrOtect ing housing stock essary conversions nsSpec. of .........Mar.at;or.a.um..-..Uestmi.nste :..Na:i.gh.borhaod................. ulative destruction of existing housing stock,conversions of housing Into businesses,both of which can change and detract from the character of the residential net hborhood. SECTION 1.TThhattYSeect(on S-S 1 of the Rev sed Ordinances of ............................................................................................. Solt Lake City Utah,1965,relating to building permits,be,and the same hereby Is amended by ADDING Section S-5.1(4)relat. ing to a moratorium affecting the acceptance of plans and Issu- ante of Permits ))and business licenses which reads as follows: ............................................................................................. with the regulatioTemporary s a�eablMoratorium. In a ResldenUnless icle R S Plans ridNo build[ ppeerrmlt,plans or application for the purpose of demoli- Su addttton reconstruction,alteration or new construction or subd[vision o(eVelopmentof any Premise within the Westminls. "•••"••'••'••••••••••••••••'•'••••••••••••'••••••'•••••••••••""........................•• ter Community,described below,shall be accepted by the Plan- by the Building Inspector,nor shalt any business licenses be Issued by the Licensing Department.This moratorium on oc. was published in said newspaper on.................................. cepting Plans,apPticatlons and Issuance of permits,licenses and approvals imposed to reserve the status quo,and the exist- ina reside tlo�structures shall extend for six months or until such sooner time as the CK Council takes action upon pending .........N a v.emb e r..2 8.1..].9 85..................................................... Petitions No.400.277 and 400.344 of 198S,requesting rezoning of said prope'rfy. north Of 2 000 S96LN and South of the South s d 1of Ho/Ywioodd Avenue,is more Par�icularlV described as follows: ..................................................... ... �.+ .. .. Commencing the southeast corner of Hollywood Av.enue and gal A anti g Cier Poi the bea90 n ne f"If Eaoutt along the East IiEast Street and running thence ne of �� al the East line of 900 East Street 125 feet to the true pp900o0 East nstreet 23W.7 feet thence East 1 306.6S feet to a lend Strint eet 161.10 N 5.East 4 0 E 235 6 feet,thence West 1324.18 feet,to the true Point of beginning. citySUtonl k s nece In ssary to the Peace of heealth and welfare of thhe (nhobMar�s 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 shalt lake effect upon Its;first Publication. Possed by the C Council of Salt Lake City,Utah,this 19th day of November,191e5. re me this ..............................8th................................. day of S.Fonnesbeck ATTEST: CHAIRMAN o Kathryn Marshall A.D. 19..8.6.....CITY RECORDER Transmitted to Mayor on November 19,1985. M°yor's Action:November 19,198S Palmer DePaU11s i ATTEST: MAYOR �' r Kathryn Marshall CITYRECORDER !. .:Y..`. .............................................. SEAL' II 87 1985 Notary Public I 0 085.38) Published:November 28,198S W-30 My Commission Expires = r ........Marah..1., 19.8$....................... s{