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SALT LAKE CITY ORDINANCE
No. 7 of 2010
(An Ordinance Enacting Temporary Land Use Regulations
for areas adjacent to portions of North Temple Street)
An ordinance enacting temporary land use regulations for areas adjacent to North Temple Street to accommodate the implementation of the City’s transit-oriented land use planning efforts.
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 land use planning activities for the North Temple Grand Boulevard transit corridor; and
WHEREAS, such land use planning efforts are critical to the vitality and livability of that area of the City; and
WHEREAS, significant financial resources have been apportioned and expended by the City and its partners in this planning effort; and
WHEREAS, any development within the North Temple Grand Boulevard transit corridor as generally depicted in Exhibit “A” that is inconsistent with the City’s intended land use program for that area could nullify the effectiveness of the City’s planning efforts and the wide-reaching benefits of such efforts, and could prevent the City from effectively implementing its revitalization efforts in the subject area; and
WHEREAS, the City finds that the need to revitalize communities such as the areas identified herein and the need to protect the resources designated and expended on this project 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 development inconsistent with its present land use planning efforts for the North Temple Grand Boulevard transit corridor, would threaten the City’s efforts to revitalize that area of the City and constitutes a compelling, countervailing public interest sufficient to justify these temporary land use regulations.
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 while the City Council reviews and evaluates specific proposals for changes to the existing zoning regulations in areas presently zoned CC (Commercial Corridor) and CS (Community Shopping) adjacent to North Temple Street, as those areas are depicted in Exhibit “B”, attached hereto.
SECTION 3. Temporary zoning regulations; boundaries. Notwithstanding any other ordinance which the City Council may have adopted which may provide otherwise, during the period of this temporary land use regulation, all parcels of land situated in the CC or CS zoning districts adjacent to North Temple Street, as identified in Exhibit “B” hereto, shall be subject to the requirements of the TC-75 (Transit Corridor) zoning district and treated as if the City’s zoning map designated such parcels as within the TC-75 zoning district. The entire parcel of properties affected by this temporary land use ordinance shall be subject to its requirements and all land use applications for development in the affected areas shall be processed accordingly.
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 regulations pertaining to the areas identified above, whichever occurs first.
SECTION 5. Effective date. This ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City, Utah, this 2nd day of February, 2010.
Bill No. 7 of 2010.
Published: February 12, 2010.