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(Enacting Section 21.16.060 providing a temporary moratorium prohibiting the issuance of any development approvals, other than single family homes and for certain properties with fixed development rights, within the described boundaries.
AN ORDINANCE ENACTING SECTION 21.16.060 OF THE SALT LAKE CITY CODE PROVIDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF ANY DEVELOPMENT APPROVALS, OTHER THAN SINGLE FAMILY HOMES AND FOR CERTAIN PROPERTIES WITH FIXED DEVELOPMENT RIGHTS, WITHIN THE DESCRIBED BOUNDARIES.
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, 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; and
WHEREAS, Petition No. 400-94-57, dated May 24, 1994, to rezone property located within the boundaries of North Temple north to the north City limits and the Jordan River west to the I-215 Freeway is under consideration by the City; and WHEREAS, development of high density housing within this area of the Northwest Community under the current zoning regulations seriously threatens an overriding public interest to preserve district character, to sponsor development that reflects the relationship to the surrounding community, and to ensure that land uses make a positive contribution to neighborhood improvement and stability. Staff inspection of the area has identified clusters of multiple family developments which through lack of investment and maintenance have created a negative impact on the surrounding neighborhood; and
WHEREAS, review of neighborhood zoning and land use patterns in response to the zoning change petition indicates that the current zoning is too permissive to assure compatible development pattern within this neighborhood. This existing zoning also conflicts with the overall goals of the Northwest Community Master Plan; and
WHEREAS, public safety and welfare may be threatened with the construction of additional medium to high density housing. Specifically, the current R-2A density potential is 20 units per acre and development patterns that have evolved through the R-2A Planned Unit Development process have resulted in a cumulative adverse impact including increase of traffic on local streets, increase in demand for police services, and negative impacts on the school system through overcrowding and a transient school population; and
WHEREAS, incompatible characteristics of multiple family developments include excessive height, inadequate landscaping and buffer strips, and inadequate usable open space; and
WHEREAS, the zoning change petition proposes rezoning certain vacant properties to reduce the density potential within this neighborhood. A modification in zoning classification will ameliorate the potential excessive development threat by lowering the allowable densities and will allow for residential development that is compatible with the surrounding neighborhood, the goals of the 1990 Urban Design Element, and the goals of the Northwest Community master plan; and
WHEREAS, the City Council finds that the City’s interests in adopting this temporary moratorium outweigh any private interests in developing under existing standards; and
WHEREAS, the City Council finds it appropriate to allow the continuing development under existing R-2A standards of the following types of development already in process:
A. Single family homes; and
B. Any Condominium Planned Unit Development which preceded the filing of Petition 400-94-57.
THEREFORE, the City Council of Salt Lake City, Utah, hereby enacts Section 21.16.060 of the Salt Lake City Code.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21.16.060 be, and the same hereby is, enacted to read as follows:
21.16.060. Temporary prohibition on new construction or erection.
A. Pursuant to Section 10-9-404, Utah Code Annotated, the City Council expressly finds that the adverse effects of allowing the construction and erection of new development except for certain specified developments which are already being processed by the City, while the City investigates a comprehensive modification of the development standards within this district, is not in the best interests of the City and constitutes a compelling, countervailing public interest sufficient to justify a six month prohibition.
B. The City Council further specifically finds that any harm to private interests is minimis and outweighed by the City’s interests in the new standards. Further, the City Council finds that no developments, except for those specified in subsection 21.l6.060.D, have any right to develop under existing R-2A standards.
C. Development approvals shall not be granted, permits shall not be issued, and construction or erection shall not be allowed on any land presently zoned R-2A within North Temple north to the north City limits and the Jordan River west to the I-215 Freeway until January 5, 1995 or until the City Council’s action upon Petition No. 400-94-57, whichever is sooner.
D. The provisions of this moratorium shall not apply to the following specified developments:
1. Single family homes; and
2. Any Condominium Planned Unit Development for which approval was filed with the City prior to May 24, 1994.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect on its first publication and shall be recorded with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this 5th day of July, 1994.
Bill No. 57 of 1994.
Published: July 13, 1994.