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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 03 - 1 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 03 - 2 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. sc 03 - 3