11/20/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, NOVEMBER 20 , 2003
The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, November
20, 2003, at 5:30 p.m. in Room 326, Committee Room, City County Building, 451 South
State.
The following Council Members were present:
Carlton Christensen Van Turner Eric Jergensen
Nancy Saxton Dave Buhler Jill Remington Love
Dale Lambert
Rocky Fluhart, Chief Administrative Officer; Cindy Gust-Jenson, Executive Council
Director; Steven Allred, Deputy City Attorney; and Scott Crandall, Deputy City Recorder
were present.
Councilmember Christensen presided at and conducted the meeting.
UNFINISHED BUSINESS
#1. RE: Consider adopting an ordinance rezoning a portion of property located
at approximately 1665 East Kensington Avenue from Open Space to Residential pursuant
to Petition No. 400-02-35. View Attachment
Councilmember Buhler said he wanted to make a statement prior to the motion. He
said he felt the property, located on a natural spring adjacent to a public park,
provided a unique opportunity for the community. He said there were only a few areas
in the City with similar features which needed to be preserved. He said even though
he preferred open space, protecting the constitutional rights of private property
owners was an important issue.
Councilmember Buhler said he felt the property was mistakenly zoned open space during
the 1995 zoning rewrite. He said a neighboring property had also been zoned open space.
He said master plans showed that area as a potential open space corridor. He said
regardless of past mistakes, the Council had to make a policy decision on the current
situation. He said even though portions of residential lots located east of the subject
property were undevelopable they were not designated open space. He said consistent
zoning was needed and granting the petitioners request was fair.
Councilmember Buhler said even though portions of the property could be developed
under City ordinances and federal floodplain regulations there was a dispute about the
amount. He said the Council received legal advice that zoning a developable property
open space over objections of the property owner created an unlawful taking.
Councilmember Buhler said the City could compensate the property owner at fair
market value or zone the property correctly to avoid an unlawful taking. He said since
the portion of the property which fit the definition of developable was in dispute, it
was impossible to quantify what the taking would be or an appropriate compensation. He
said some of the neighbors were concerned about development impacts. He said if the
property was rezoned, neighbors opposed to new development would be included in the
process and have ample opportunity to express their views.
Councilmember Buhler said before any development could take place a petitioner would
be required to go through the existing approval process to address conditional use
issues, planned development requirements, sewer and floodplain issues, and other
obstacles.
Councilmember Buhler moved and Councilmember Turner seconded to adopt Ordinance 79 of
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, NOVEMBER 20 , 2003
2003 rezoning properties located at approximately 1665 East Kensington Avenue from
Open Space to Residential R-1-5, 000 as requested by the petitioner subject to a
notification to be placed on the property title to note that: 1) the zoning of the
property does not guarantee developability of the property, 2) development of the
property will be subject to all laws and ordinances of Salt Lake City including but
not limited to subdivision requirements, planned unit development requirements,
building or development permits as well as the federal floodplain requirements if
appropriate, which motion carried, all members voted aye, except Council Members
Saxton, Love, and Lambert who voted nay.
Councilmember Jergensen asked what was meant by the words "if appropriate" at the end
of the motion. Councilmember Buhler said he wanted the motion to indicate that, to
the degree floodplain issue arose, the petitioner would have to meet necessary
requirements.
Councilmember Saxton said it was important for the City to be fair. She said many
times boundary issues were unclear and was not convinced the 1995 open space designation
was a mistake. She said zoning prior to 1995 no longer existed and it was important
for the Council to be consistent with this zoning designation.
Councilmember Saxton said it was important to look at land features when making zoning
designations. She said the R-1-5, 000 zone applied mainly to flat parcels similar to
the property on the west side of the creek. She said properties located on the east
side of the creek were sloped and needed to be zoned R-1-7, 000 or R-1-12,000.
Councilmember Saxton said she wanted the Council to consider the R-1-7, 000 zone even
though she preferred 12,000. She said she thought the motion should be contingent on
the petitioner providing a floodplain study and proof of the buildable space.
Councilmember Buhler said to avoid a takings issue he wanted to zone the property as
close as possible to the R-2 zone which existed prior to 1995. He said with current
zoning restrictions, he did not think one home could be built on every 5, 000 feet of
property. Councilmember Turner said he felt the proposal was the right thing to do and
supported the motion.
Councilmember Love said she sympathized with the petitioner but could not support a
motion which did not indicate the City' s intent to make at least a portion of the land
open space. She said open space was a Council priority and this was a unique opportunity
to create a trailhead using property donated by the Wasatch Presbyterian Church,
potential acquisition of the subject property, and adjacent land owned by the LDS
Church.
Councilmember Love said she wanted open space but property acquisitions/condemnations
had to be initiated by the Mayor. She said the Administration needed to analyze the
property along with master plan and floodplain issues and present options to the
Council. She said a great opportunity would be lost if the City did not acquire the
property.
Councilmember Lambert said the property owner needed to be treated fairly and if the
City wanted the property, the owners needed to be compensated. He said part of the
fairness issue dealt with designating private land as open space. He said it would be
a rare case when a privately owned property could be designated open space without
cooperation of the owner. Councilmember Lambert said property owners needed to be in
agreement and receive lawful compensation. He said he was not concerned about the 1995
notification controversy but felt the question was whether or not the property, or a
portion, should be open space. He said reasons supporting open space included public
access through the adjoining park and the existing streambed. He said few above ground
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, NOVEMBER 20 , 2003
streambeds existed in the valley and it was important and less costly to protect and
preserve them.
Councilmember Lambert said he would support the motion if the Council would formally
request the Administration explore this and surrounding properties for potential
opportunities to develop a corridor. He said he felt the Administration could report
back to the Council in the next six months.
Councilmember Jergensen said he felt Council Members agreed open space and property
owner rights were important elements for City neighborhoods. He said if property was
declared open space the owners were entitled to compensation. He said he felt the
zoning modifications made in 1995 change land values and were done without property
owners consent.
Councilmember Jergensen said past actions needed to be addressed due to expectations,
anticipated performance, and pending lawsuits. He said additional problems could be
created based on Council decisions and felt honoring the property owner's rights was
the fair thing to do. Councilmember Jergensen said with the desire of the property
owner, he felt an opportunity existed to pursue open space development which would
provide a strong component to the existing park and a future immigration corridor.
Councilmember Christensen said a lot of conflicting issues were involved in deciding
what constituted critical open space and shared concerns of other Council Members.
Councilmember Christensen said he was involved in preserving neighborhood parks and
critical areas along the Jordan River. He said he felt opportunities existed with
this issue which needed to be explored. He said from a construction standpoint, there
would be obstacles for whoever owned the property to build practical housing. He said
he was open to securing open space along the corridor with willing buyers and sellers.
(P 03-23)
The meeting adjourned at 8:11 p.m.
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