HomeMy WebLinkAboutTransmittal - 8/25/2023ERIN MENDENHALL
MAYOR
CITY COUNCIL TRANSMITTAL
Lis e (Aug 25, 202311:39 MDT)
Lisa Shaffer, Chief Administrative Officer
TO: Salt Lake City Council
Darin Mano, Chair
DEPARTMENT OF PUBLIC LANDS
KRISTIN RIKER
DIRECTOR
Date Received: 08/25/2023
Date sent to Council: 08 25 2023
DATE: August 14, 2023
FROM: Kristin Riker, Director, Department of Public Lands
�;�' Z�?4'
SUBJECT: Open Space Lands Amendment 2.58.04o and 2.90.070
STAFF CONTACTS: Kristin Riker
Public Lands Director
Kristin.Riker@slcgov.com
Tyler Murdock
Public Lands Deputy Director
Tyler.Murdock@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION:
SLC Public Lands Department recommends that City Council approve the proposed
amendments to the Open Space Ordinance outlined in section 2.58.040 (Sale of Significant
Parcels of Real Property; Notice and Hearing) and 2.90.070 (Removal of Lands from the
Open Space Lands Inventory).
BUDGET IMPACT: N/A
SALT LAKE CITY CORPORATION WWW.SLCGOV.COM
1965 WEST 500 SOUTH TEL: 801-972-7800
SALT LAKE CITY. UTAH 84104 PAGE 1 OF 2
Open Space Lands Amendment 2.58.040 and 2.90.070
Transmittal to City Council
BACKGROUND/DISCUSSION:
The Salt Lake City Open Space Lands Program was established to facilitate the City's
acquisition, management, promotion, preservation, protection, and enhancement of open
space lands and to encourage public and private gifts of land, money, securities, or other
property to be used to preserve the natural, scenic, historic, and important neighborhood
open space lands (Ord. 52-15, 2015). The purpose of this transmittal is to amend the Open
Space Lands Ordinance related to the sale or disposal of significant parcels of real property
and removal of lands from the Open Space Inventory.
The proposed amendment revises three key sections outlined in the attached redlined copy
in attachment 3 and located in sections 2.58.040 (Sale of Significant Parcels of Real
Property; Notice and Hearing) and 2.90.070 (Removal of Lands from the Open Space Lands
Inventory).
Easement Amendments: Amendment revisions to allow the City greater flexibility in
approving necessary utility easements which must be for the primary benefit of the City and
which must not interfere with the intended use or character of the property as determined
by the City and the Public Lands Director.
THE GRANTING OF EASEMENTS OR OTHER USE RIGHTS TO PUBLIC UTILITYPROVIDERS FOR PUBLIC
UTILITY PURPOSES. ANY SUCH EASEMENT OR USE RIGHT MUST NOT INTERFERE WITH THE INTENDED
USE OR CHARACTER OF THE PROPERTYAS DETERMINED BY THE CITY. WITH RESPECT TO OPEN SPACE
LAND UNDER CHAPTER 2.90 OF THIS TITLE, SUCH EASEMENT OR USE RIGHT MAYBE GRANTED ONLY
WITH THE APPROVAL OF THE DIRECTOR OF THE CITY'S PUBLIC LANDS DEPARTMENT OR THEIR
DESIGNEE IN THEIR SOLE DISCRETION.
Land Exchange for De Minimis Parcels: Amendment revisions to allow the City
greater flexibility in approving land exchanges of de minimis open space parcels (less than
1/4 acre) of similar character and intended use as determined by the City and the Public
Lands Director.
A LAND EXCHANGE FOR A DE MINIMIS PARCEL OF LAND OWNED BY THE CTTYFOR ANOTHER DE
MINIMIS PARCEL OF LAND WHERE THE INTENDED USE OR CHARACTER OF THE PARCELS IS
SUBSTANTIALLYSIMILAR TO EACH OTHER. FOR PURPOSES OF THIS SECTION, A DE MINIMIS PARCEL IS
ONE CONSISTING OF NOT MORE THAN 114 OFANACRE. WITH RESPECT TO OPEN SPACE LAND UNDER
CHAPTER 2.90 OF THIS TITLE, SUCH EXCHANGE MADE BE MADE ONLY WITH THE APPROVAL OF THE
DIRECTOR OF THE CITY'S PUBLIC LANDS DEPARTMENT OR THEIR DESIGNEE IN THEIR SOLE
DISCRETION.
Public Noticing Requirements: Amendment revisions to public noticing requirements
for sale or disposal of real property within the Open Space Inventory to align with public
noticing requirements in state code.
PROVIDING NOTICE OF THE PROPOSED SALE OR TRANSFER AND THE PUBLIC HEARING THROUGH THE
PROCESS OUTLINED IN STATE CODE FOR CLASS A PUBLIC NOTICE.
Page 2 of 3
Open Space Lands Amendment 2.S8.040 and 2.90.070
Transmittal to City Council
PUBLIC PROCESS:
Parks, Natural Lands, Trails and Urban Forestry Advisory Board: TBD
Planning Commission Public Hearing: TBD
City Council Public Hearing: TBD
EXHIBITS:
A. Amending 2.58.04o and 2.90.07o Final Approved
B. Amending 2.58.04o and 2.90.070 Clean
C. Amending 2.58.04o and 2.90.07o Redline
Page 3 of 3
EXHIBIT A
Amending 2.58.040 and 2.90.070 Final Approved
SALT LAKE CITY ORDINANCE
No. of 2023
(Exception to mandatory process for sale of significant parcels of real property
and removal of lands from the open space lands inventory)
An ordinance amending Section 2.58.040 of the Salt Lake City Code, relating to the sale
of significant parcels of real property, and Section 2.90.070 of the Salt Lake City Code, relating
to the removal of lands from the open space lands inventory.
WHEREAS, the City desires to make certain changes relating to an exemption, for
certain easements to public utility providers, from the mandatory procedures of those sections;
and
WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Section 2.58.040
and Section 2.90.070 of the Salt Lake City Code, relating to such changes.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that:
SECTION 1. Section 2.58.040 of the Salt Lake City Code, relating to the sale of
significant parcels of real property, is amended as follows:
2.58.040: SALE OF SIGNIFICANT PARCELS OF REAL PROPERTY; NOTICE AND
HEARING:
A. A significant parcel of real property owned by the City or any significant legal interest
therein shall not be sold, traded, leased or otherwise conveyed or encumbered until the City has
provided reasonable notice to all interested parties and held at least one public hearing on the
proposed conveyance as set forth herein.
B. Reasonable notice of the proposed conveyance shall follow the process outlined in state
code for class A public notice.
C. No significant parcel of City owned real property identified in section 2.58.035, including
table 2.58.035C, of this chapter may be conveyed until after a public hearing has been held
before one or more of the following as may be applicable: the City Council, the Planning
Commission, the Airport Board, the Public Utilities Advisory Committee, or the Parks, Natural
Lands, Trails, and Urban Forestry Advisory Board.
D. In addition to the public hearing required above, the City Council may also request a
second public hearing before the conveyance of the property. Any request for a hearing before
the City Council must be delivered to the Office of the Mayor no less than fifteen (15) days after
delivery of the notice to the Office of the City Council pursuant to subsection B2 of this section.
If no request for a hearing is made within that time period, the City Council shall be deemed to
have waived any right to request a hearing.
If a written call for hearing has been made by the City Council, the Mayor or his or her designee
shall attend the hearing to hear and consider comments upon proposals to convey the property
specified in the notice. The hearing shall take place during a regularly scheduled City Council
meeting.
E. Any notice of a proposed conveyance of a significant parcel of City owned real property
shall specify the following:
1. A description of the property to be conveyed or encumbered;
2. The nature of the proposed conveyance or encumbrance, whether the property is to be
sold, traded or encumbered, including the nature of the conveyance if the property is to be sold,
or if a trade or lease of property is contemplated, a brief summary of the proposed transaction;
3. Persons to whom interests are to be conveyed;
4. Any consideration tendered;
5. The name of the person, department or entity requesting such action;
6. The basis upon which the value of the interest has been determined by the City;
W
7. The date, time and location of the public hearing to be held before the City Council, the
Planning Commission, Airport Board, Public Utilities Advisory Committee, Golf Enterprise
Fund Advisory Board, or Parks, Natural Lands, Trails, and Urban Forestry Advisory Board, as
applicable. The notice shall further state that interested persons may appear and comment upon
the proposal.
F. The conveyance or encumbrance of a significant parcel of real property of the City may be
finalized:
1. By the Mayor, at his/her discretion following notice and any public hearings required by
this section; or
2. By the Mayor, if the transfer is revocable and the Mayor has determined that an
unanticipated combination of facts and conditions of pressing necessity has emerged that
requires that action be taken before a City Council hearing. Such conditions shall not be deemed
to arise unless it appears that delay from the notice or a City Council hearing would produce:
a. Great or irreparable injury to persons seeking the conveyance or encumbrance, with
negligible impact upon City interests;
b. Serious detriment to the social or economic interest of the community as whole; or
c. Substantial economic loss to the City.
G. Any decision by the Mayor to forego the City Council hearing provisions of this section
shall be made in writing to the City Council, stating the specific reasons upon which the decision
was based.
H. The following shall be exempt from the mandatory procedures of this section:
1. The leasing of existing buildings, infrastructure, or facilities;
2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the
Mayor for a reason identified by the Mayor in writing, more than twenty (20) days but less than
thirty-one (31) days;
3. The leasing of recreation areas in accordance with their intended use;
4. The selling of burial rights in the Salt Lake City Cemetery; and
5. The granting of easements or other rights that service the property, including grants in
connection with safety equipment such as traffic signal poles, which must be primarily for the
benefit of the City, and the granting of easements or other use rights to public utility providers
for public utility purposes. Any such easement or use right must not interfere with the intended
use or character of the property as determined by the City. With respect to open space land under
chapter 2.90 of this title, such easement or use right may be granted only with the approval of the
director of the City's public lands department or their designee in their sole discretion.
6. A land exchange for a de minimis parcel of land owned by the City for another de
minimis parcel of land where the intended use or character of the parcels is substantially similar
to each other. For purposes of this section, a de minimis parcel is one consisting of not more than
1/4 of an acre. With respect to open space land under chapter 2.90 of this title, such exchange
made be made only with the approval of the director of the City's public lands department or
their designee in their sole discretion.
SECTION 2. Section 2.90.070 of the Salt Lake City Code, relating to the removal of
lands from the open space lands inventory, is amended as follows:
2.90.070: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS INVENTORY:
A. Open space lands, conservation easements or other interests in open space land placed in the
open space lands inventory shall remain in the inventory in perpetuity unless: 1) they are
transferred to a qualified public or nonprofit land conservation entity; or 2) a sale, conversion
4
from undeveloped open space land to developed open space land, exchange, or other transfer of
the land, conservation easement or other interest in land is approved by the mayor, subsequent to
the following mandatory procedures:
1. Any proposal to sell or transfer open space land must be in writing, signed by the mayor,
and must include a description of the land to be sold or transferred, the purpose of the proposed
sale or transfer, the proposed purchaser of the land, the amount of the proposed purchase price,
the anticipated future use of the land, any anticipated change in zoning that would be required to
implement that proposed future use, and a statement by the mayor explaining why the proposed
sale or transfer of the open space land is in the best interest of the City.
2. Holding a public hearing before the City Council.
3. Providing notice of the proposed sale or transfer and the public hearing through the
process outlined in state code for class A public notice.
a. Any notice published, posted or mailed pursuant to this section shall state substantially
as follows:
NOTICE OF PROPOSED SALE OR TRANSFER OF PUBLICLY OWNED OPEN SPACE
LAND
The Mayor of Salt Lake City is proposing to sell or transfer certain Open Space Lands
owned by Salt Lake City located at [street location] for $[proposed amount of consideration] to
[proposed transferee] for future use as [proposed future use].
A public hearing on this proposal will be held before the Mayor and the City Council on
[date of hearing] at the Salt Lake City & County Building, 451 South State Street, room 315, Salt
Lake City, Utah, at [time of hearing] p.m.
Any individual wishing to address this proposal is invited to participate and to express
their views to the Mayor and the City Council at that hearing.
4. Following the public hearing, the City Council may elect to conduct an advisory vote as
to the proposed sale or transfer of the open space land.
5. No sale or transfer of open space land may occur until at least six (6) months after the
conclusion of the public hearing in order to provide an opportunity to explore other alternatives
to the proposed sale or transfer of the open space land.
B. Any open space lands, conservation easements or other interests in open space land: 1)
acquired by the City in partnership with other entities, units of government, or other parties; or 2)
received by donation, bequest, devise, or dedication, may only be authorized for sale, conversion
from undeveloped open space land to developed open space land, exchange or other transfer if
such action is allowed for in the instrument under which the open space land, conservation
easement or other interest in open space land was conveyed to, or acquired by, the City.
C. The following shall be exempt from the mandatory procedures of this section:
1. The leasing of existing buildings, infrastructure, or facilities.
2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the
mayor for a reason identified by the mayor in writing, more than twenty (20) days but less than
thirty-one (31) days.
3. The leasing of recreation areas in accordance with their intended use.
4. The selling of burial rights in the Salt Lake City Cemetery.
5. The granting of easements or other rights that service the property, including grants in
connection with safety equipment such as traffic signal poles, which must be primarily for the
benefit of the City, and the granting of easements or other use rights to public utility providers
RI
for public utility purposes. Any such easement or use right must not interfere with the intended
use or character of the property as determined by the City. With respect to open space land under
this chapter, such easement or use right may be granted only with the approval of the director of
the City's public lands department or their designee in their sole discretion.
6. A land exchange for a de minimis parcel of open space land owned by the City for
another de minimis parcel of open space land where the intended use or character of the parcels
is substantially similar to each other, provided that such exchange may be made only with the
approval of the director of the City's public lands department or their designee in their sole
discretion. For purposes of this section, a de minimis parcel is one consisting of not more than
of an acre.
SECTION 3. This ordinance shall take effect immediately after it has been published or
posted in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah
Code section 10-3-713.
7
Passed by the City Council of Salt Lake City, Utah, this day of ,
2023.
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action:
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2023.
Published:
Approved.
CHAIRPERSON
Vetoed.
Salt Lake City Attorney's Office
Approved As To Form
B
Kimberly hytraus
Date: June 23, 2023
EXHIBIT B
Amending 2.58.040 and 2.90.070 Clean
SALT LAKE CITY ORDINANCE
No. of 2023
(Exception to mandatory process for sale of significant parcels of real property
and removal of lands from the open space lands inventory)
An ordinance amending Section 2.58.040 of the Salt Lake City Code, relating to the sale
of significant parcels of real property, and Section 2.90.070 of the Salt Lake City Code, relating
to the removal of lands from the open space lands inventory.
WHEREAS, the City desires to make certain changes relating to an exemption, for
certain easements to public utility providers, from the mandatory procedures of those sections;
and
WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Section 2.58.040
and Section 2.90.070 of the Salt Lake City Code, relating to such changes.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that:
SECTION 1. Section 2.58.040 of the Salt Lake City Code, relating to the sale of
significant parcels of real property, is amended as follows:
2.58.040: SALE OF SIGNIFICANT PARCELS OF REAL PROPERTY; NOTICE AND
HEARING:
A. A significant parcel of real property owned by the City or any significant legal interest
therein shall not be sold, traded, leased or otherwise conveyed or encumbered until the City has
provided reasonable notice to all interested parties and held at least one public hearing on the
proposed conveyance as set forth herein.
B. Reasonable notice of the proposed conveyance shall follow the process outlined in state
code for class A public notice.
C. No significant parcel of City owned real property identified in section 2.58.035, including
table 2.58.035C, of this chapter may be conveyed until after a public hearing has been held
before one or more of the following as may be applicable: the City Council, the Planning
Commission, the Airport Board, the Public Utilities Advisory Committee, or the Parks, Natural
Lands, Trails, and Urban Forestry Advisory Board.
D. In addition to the public hearing required above, the City Council may also request a
second public hearing before the conveyance of the property. Any request for a hearing before
the City Council must be delivered to the Office of the Mayor no less than fifteen (15) days after
delivery of the notice to the Office of the City Council pursuant to subsection B2 of this section.
If no request for a hearing is made within that time period, the City Council shall be deemed to
have waived any right to request a hearing.
If a written call for hearing has been made by the City Council, the Mayor or his or her designee
shall attend the hearing to hear and consider comments upon proposals to convey the property
specified in the notice. The hearing shall take place during a regularly scheduled City Council
meeting.
E. Any notice of a proposed conveyance of a significant parcel of City owned real property
shall specify the following:
1. A description of the property to be conveyed or encumbered;
2. The nature of the proposed conveyance or encumbrance, whether the property is to be
sold, traded or encumbered, including the nature of the conveyance if the property is to be sold,
or if a trade or lease of property is contemplated, a brief summary of the proposed transaction;
3. Persons to whom interests are to be conveyed;
4. Any consideration tendered;
5. The name of the person, department or entity requesting such action;
6. The basis upon which the value of the interest has been determined by the City;
W
7. The date, time and location of the public hearing to be held before the City Council, the
Planning Commission, Airport Board, Public Utilities Advisory Committee, Golf Enterprise
Fund Advisory Board, or Parks, Natural Lands, Trails, and Urban Forestry Advisory Board, as
applicable. The notice shall further state that interested persons may appear and comment upon
the proposal.
F. The conveyance or encumbrance of a significant parcel of real property of the City may be
finalized:
1. By the Mayor, at his/her discretion following notice and any public hearings required by
this section; or
2. By the Mayor, if the transfer is revocable and the Mayor has determined that an
unanticipated combination of facts and conditions of pressing necessity has emerged that
requires that action be taken before a City Council hearing. Such conditions shall not be deemed
to arise unless it appears that delay from the notice or a City Council hearing would produce:
a. Great or irreparable injury to persons seeking the conveyance or encumbrance, with
negligible impact upon City interests;
b. Serious detriment to the social or economic interest of the community as whole; or
c. Substantial economic loss to the City.
G. Any decision by the Mayor to forego the City Council hearing provisions of this section
shall be made in writing to the City Council, stating the specific reasons upon which the decision
was based.
H. The following shall be exempt from the mandatory procedures of this section:
1. The leasing of existing buildings, infrastructure, or facilities;
2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the
Mayor for a reason identified by the Mayor in writing, more than twenty (20) days but less than
thirty-one (31) days;
3. The leasing of recreation areas in accordance with their intended use;
4. The selling of burial rights in the Salt Lake City Cemetery; and
5. The granting of easements or other rights that service the property, including grants in
connection with safety equipment such as traffic signal poles, which must be primarily for the
benefit of the City, and the granting of easements or other use rights to public utility providers
for public utility purposes. Any such easement or use right must not interfere with the intended
use or character of the property as determined by the City. With respect to open space land under
chapter 2.90 of this title, such easement or use right may be granted only with the approval of the
director of the City's public lands department or their designee in their sole discretion.
6. A land exchange for a de minimis parcel of land owned by the City for another de
minimis parcel of land where the intended use or character of the parcels is substantially similar
to each other. For purposes of this section, a de minimis parcel is one consisting of not more than
1/4 of an acre. With respect to open space land under chapter 2.90 of this title, such exchange
made be made only with the approval of the director of the City's public lands department or
their designee in their sole discretion.
SECTION 2. Section 2.90.070 of the Salt Lake City Code, relating to the removal of
lands from the open space lands inventory, is amended as follows:
2.90.070: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS INVENTORY:
A. Open space lands, conservation easements or other interests in open space land placed in the
open space lands inventory shall remain in the inventory in perpetuity unless: 1) they are
transferred to a qualified public or nonprofit land conservation entity; or 2) a sale, conversion
4
from undeveloped open space land to developed open space land, exchange, or other transfer of
the land, conservation easement or other interest in land is approved by the mayor, subsequent to
the following mandatory procedures:
1. Any proposal to sell or transfer open space land must be in writing, signed by the mayor,
and must include a description of the land to be sold or transferred, the purpose of the proposed
sale or transfer, the proposed purchaser of the land, the amount of the proposed purchase price,
the anticipated future use of the land, any anticipated change in zoning that would be required to
implement that proposed future use, and a statement by the mayor explaining why the proposed
sale or transfer of the open space land is in the best interest of the City.
2. Holding a public hearing before the City Council.
3. Providing notice of the proposed sale or transfer and the public hearing through the
process outlined in state code for class A public notice.
a. Any notice published, posted or mailed pursuant to this section shall state substantially
as follows:
NOTICE OF PROPOSED SALE OR TRANSFER OF PUBLICLY OWNED OPEN SPACE
LAND
The Mayor of Salt Lake City is proposing to sell or transfer certain Open Space Lands
owned by Salt Lake City located at [street location] for $[proposed amount of consideration] to
[proposed transferee] for future use as [proposed future use].
A public hearing on this proposal will be held before the Mayor and the City Council on
[date of hearing] at the Salt Lake City & County Building, 451 South State Street, room 315, Salt
Lake City, Utah, at [time of hearing] p.m.
Any individual wishing to address this proposal is invited to participate and to express
their views to the Mayor and the City Council at that hearing.
4. Following the public hearing, the City Council may elect to conduct an advisory vote as
to the proposed sale or transfer of the open space land.
5. No sale or transfer of open space land may occur until at least six (6) months after the
conclusion of the public hearing in order to provide an opportunity to explore other alternatives
to the proposed sale or transfer of the open space land.
B. Any open space lands, conservation easements or other interests in open space land: 1)
acquired by the City in partnership with other entities, units of government, or other parties; or 2)
received by donation, bequest, devise, or dedication, may only be authorized for sale, conversion
from undeveloped open space land to developed open space land, exchange or other transfer if
such action is allowed for in the instrument under which the open space land, conservation
easement or other interest in open space land was conveyed to, or acquired by, the City.
C. The following shall be exempt from the mandatory procedures of this section:
1. The leasing of existing buildings, infrastructure, or facilities.
2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the
mayor for a reason identified by the mayor in writing, more than twenty (20) days but less than
thirty-one (31) days.
3. The leasing of recreation areas in accordance with their intended use.
4. The selling of burial rights in the Salt Lake City Cemetery.
5. The granting of easements or other rights that service the property, including grants in
connection with safety equipment such as traffic signal poles, which must be primarily for the
benefit of the City, and the granting of easements or other use rights to public utility providers
RI
for public utility purposes. Any such easement or use right must not interfere with the intended
use or character of the property as determined by the City. With respect to open space land under
this chapter, such easement or use right may be granted only with the approval of the director of
the City's public lands department or their designee in their sole discretion.
6. A land exchange for a de minimis parcel of open space land owned by the City for
another de minimis parcel of open space land where the intended use or character of the parcels
is substantially similar to each other, provided that such exchange may be made only with the
approval of the director of the City's public lands department or their designee in their sole
discretion. For purposes of this section, a de minimis parcel is one consisting of not more than
of an acre.
SECTION 3. This ordinance shall take effect immediately after it has been published or
posted in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah
Code section 10-3-713.
7
Passed by the City Council of Salt Lake City, Utah, this day of ,
2023.
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action:
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2023.
Published:
Approved.
CHAIRPERSON
Vetoed.
Salt Lake City Attorney's Office
Approved As To Form
By:
Kimberly Chytraus
Date:
EXHIBIT C
Amending 2.58.040 and 2.90.070 Redline
1 SALT LAKE CITY ORDINANCE
2 No. of 2023
3
4 (Exception to mandatory process for sale of significant parcels of real property
5 and removal of lands from the open space lands inventory)
6
7 An ordinance amending Section 2.58.040 of the Salt Lake City Code, relating to the sale
8 of significant parcels of real property, and Section 2.90.070 of the Salt Lake City Code, relating
9 to the removal of lands from the open space lands inventory.
10 WHEREAS, the City desires to make certain changes relating to an exemption, for
11 certain easements to public utility providers, from the mandatory procedures of those sections;
12 and
13 WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Section 2.58.040
14 and Section 2.90.070 of the Salt Lake City Code, relating to such changes.
15 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that:
16 SECTION 1. Section 2.58.040 of the Salt Lake City Code, relating to the sale of
17 significant parcels of real property, is amended as follows:
18 2.58.040: SALE OF SIGNIFICANT PARCELS OF REAL PROPERTY; NOTICE AND
19 HEARING:
20
21 A. A significant parcel of real property owned by the City or any significant legal interest
22 therein shall not be sold, traded, leased or otherwise conveyed or encumbered until the City has
23 provided reasonable notice to all interested parties and held at least one public hearing on the
24 proposed conveyance as set forth herein.
25 B. Reasonable notice of the proposed conveyance shall follow the process outlined in state
26 code for class A public notice.
27 following:
1
31 on the Gity's --bs4e
32 C. No significant parcel of City owned real property identified in section 2.58.035, including
33 table 2.58.035C, of this chapter may be conveyed until after a public hearing has been held
34 before one or more of the following as may be applicable: the City Council, the Planning
35 Commission, the Airport Board, the Public Utilities Advisory Committee, the Golf En4 , .
36 F,,,,a "dyiset:y Boa-Fd, or the Parks, Natural Lands, Trails, and Urban Forestry Advisory Board.
37 D. In addition to the public hearing required above, the City Council may also request a
38 second public hearing before the conveyance of the property. Any request for a hearing before
39 the City Council must be delivered to the Office of the Mayor no less than fifteen (15) days after
40 delivery of the notice to the Office of the City Council pursuant to subsection B2 of this section.
41 If no request for a hearing is made within that time period, the City Council shall be deemed to
42 have waived any right to request a hearing.
43 If a written call for hearing has been made by the City Council, the Mayor or his or her designee
44 shall attend the hearing to hear and consider comments upon proposals to convey the property
45 specified in the notice. The hearing shall take place before after yr irEeizJcriictieir` ith during a
46 regularly scheduled City Council meeting, as determined by the NU.,,.,
47 E. Any notice of a proposed conveyance of a significant parcel of City owned real property
48 shall specify the following:
49 1. A description of the property to be conveyed or encumbered;
50 2. The nature of the proposed conveyance or encumbrance, whether the property is to be
51 sold, traded or encumbered, including the nature of the conveyance if the property is to be sold,
W
52 or if a trade or lease of property is contemplated, a brief summary of the proposed transaction;
53 3. Persons to whom interests are to be conveyed;
54 4. Any consideration tendered;
55 5. The name of the person, department or entity requesting such action;
56 6. The basis upon which the value of the interest has been determined by the City;
57 7. The date, time and location of the public hearing to be held before the City Council, the
58 Planning Commission, Airport Board, Public Utilities Advisory Committee, Golf Enterprise
59 Fund Advisory Board, or Parks, Natural Lands, Trails, and Urban Forestry Advisory Board, as
60 applicable. The notice shall further state that interested persons may appear and comment upon
61 the proposal.
62 F. The conveyance or encumbrance of a significant parcel of real property of the City may be
63 finalized:
64 1. By the Mayor, at his/her discretion following notice and any public hearings required by
65 this section; or
66 2. By the Mayor, if the transfer is revocable and the Mayor has determined that an
67 unanticipated combination of facts and conditions of pressing necessity has emerged that
68 requires that action be taken before a City Council hearing. Such conditions shall not be deemed
69 to arise unless it appears that delay from the notice or a City Council hearing would produce:
70 a. Great or irreparable injury to persons seeking the conveyance or encumbrance, with
71 negligible impact upon City interests;
72 b. Serious detriment to the social or economic interest of the community as whole; or
73 3. Substantial economic loss to the City.
74 G. Any decision by the Mayor to forego the City Council hearing provisions of this section
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75 shall be made in writing to the City Council, stating the specific reasons upon which the decision
76 was based.
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H. The following shall be exempt from the mandatory procedures of this section:
1. The leasing of existing buildings, infrastructure, or facilities;
2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the
Mayor for a reason identified by the Mayor in writing, more than twenty (20) days but less than
thirty-one (31) days;
3. The leasing of recreation areas in accordance with their intended use;
4. The selling of burial rights in the Salt Lake City Cemetery; and
5. The granting of easements or other rights that service the property, including grants in
connection with titilities or -safety equipment such as traffic signal poles. Any stte . easement e
use right must be which must be primarily for the benefit of the City, and the rig of
easements or other use rights _ to public utility_ providers for public utility_ purposes. Any such
easement or use right must not interfere with the intended use or character of the property as
determined by the City. With respect to open space land under chapter 2.90 of this title, such
easement or use right may be granted only with the approval of the director of the Ci y's public
lands department or their designee in their sole discretionGiyy's Opp Space hands Manage
6. A land exchange for a de minimis parcel of land owned by the City for another de
minimis parcel of land where the intended use or character of the parcels is substantially similar
to each other. For purposes of this section, a de minimis parcel is one consisting of not more than
1/4 of an acre. With respect to open space land under chapter 2.90 of this title, such exchange
made be made only with the approval of the director of the City's public lands department or
their designee in their sole discretion.
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98 SECTION 2. Section 2.90.070 of the Salt Lake City Code, relating to the removal of
99 lands from the open space lands inventory, is amended as follows:
100 2.90.070: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS INVENTORY:
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102 A. Open space lands, conservation easements or other interests in open space land placed in the
103 open space lands inventory shall remain in the inventory in perpetuity unless: 1) they are
104 transferred to a qualified public or nonprofit land conservation entity; or 2) a sale, conversion
105 from undeveloped open space land to developed open space land, exchange, or other transfer of
106 the land, conservation easement or other interest in land is approved by the mayor, subsequent to
107 the following mandatory procedures:
108 1. Any proposal to sell or transfer open space land must be in writing, signed by the mayor,
109 and must include a description of the land to be sold or transferred, the purpose of the proposed
110 sale or transfer, the proposed purchaser of the land, the amount of the proposed purchase price,
111 the anticipated future use of the land, any anticipated change in zoning that would be required to
112 implement that proposed future use, and a statement by the mayor explaining why the proposed
13 sale or transfer of the open space land is in the best interest of the Ceity.
14 2. Holding a public hearing before the and Ceity Ceouncil.
15 3. Providing notice of the proposed sale or transfer and the public hearing through the
16 process outlined in state code for class A public notice.
17 , beginning at least thii4y (30) days
19 fettl4h 4page in size, with t-fpe no smaller- t1,a 18 point, s ,•ded by c one vcrr*h inc i
21 adveftisements ., e g the in f ,.,..,a4io,, sot fe ft f i the f below;
r�
23 , eontaining the
24 ififefmatienset feft h i the f belew;,
25 , to all pr-opeA�f owners
6rE�: �ssss�r.ss�esree��Esr�r.TiTiv .�e.: e
27 the infet:matien sot f ,4i, i the f n.., below.
28 ad. Any notice published, posted or mailed pursuant to this section shall state substantially
129 as follows:
130 NOTICE OF PROPOSED SALE OR TRANSFER OF PUBLICLY OWNED OPEN SPACE
131 LAND
132 The Mayor of Salt Lake City is proposing to sell or transfer certain Open Space Lands
133 owned by Salt Lake City located at [street location] for $[proposed amount of
134 considerationsa-leJ to [proposed btrans eree for future use as [proposed future use].
135 A public hearing on this proposal will be held before the Mayor and the City Council on
136 [date of hearing) at the Salt Lake City & County Building, 451 South State Street, room 315, Salt
137 Lake City, Utah, at [time of hearing) p.m.
138 Any individual wishing to address this proposal is invited to participate and to
139 express their views to the Mayor and the City Council at that hearing.
140 4. Following the public hearing, the Ceity Ceouncil may elect to conduct an advisory vote
141 as to the proposed sale or transfer of the open space land.
142 5. No sale or transfer of open space land may occur until at least six (6) months after the
143 conclusion of the public hearing in order to provide an opportunity to explore other alternatives
144 to the proposed sale or transfer of the open space land.
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145 B. Any open space lands, conservation easements or other interests in open space land: 1)
146 acquired by the eCity in partnership with other entities, units of government, or other parties; or
147 2) received by donation, bequest, devise, or dedication, may only be authorized for sale,
148 conversion from undeveloped open space land to developed open space land, exchange or other
149 transfer if such action is allowed for in the instrument under which the open space land,
150 conservation easement or other interest in open space land was conveyed to, or acquired by, the
151 city.
152 C. The following shall be exempt from the mandatory procedures of this section:
153 1. The leasing of existing buildings, infrastructure, or facilities_;
154 2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the
155 mayor for a reason identified by the mayor in writing, more than twenty (20) days but less than
156 thirty-one (31) days.-
157 3. The leasing of recreation areas in accordance with their intended use.;
158 4. The selling of burial rights in the Salt Lake City Cemetery.
159 5. The granting of easements or other rights that service the property, including grants in
60 connection with utilities or -safety equipment such as traffic signal poles, which --A*ysueh
61 easement ^r use right must be primarily for the benefit of the eCity, and the rig of
62 easements or other use rights _ to public utility providers for public utility_ purposes. Any such
63 easement or use right must not interfere with the intended use or character of the property as
64 determined by the City. With respect to open space land under this chapter, such easement or use
65 right may be granted only with the approval of the eity's open s, aee lands many xerdirector of the
66 Ci y's public lands department or their designee in their sole discretion.
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167 6. A land exchange for a de minimis parcel of open space land owned by the City for
168 another de minimis parcel of open space land where the intended use or character of the parcels
169 is substantially similar to each other, provided that such exchange_may be made only be made only with the
170 approval of the director of the City's public lands department or their designee in their sole
171 discretion. For purposes of this section, a de minimis parcel is one consisting of not more than
172 of an acre.
173 SECTION 3. This ordinance shall take effect immediately after it has been published or
174 posted in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah
175 Code section 10-3-713.
176 Passed by the City Council of Salt Lake City, Utah, this day of ,
177 2023.
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CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL)
Salt Lake City Attomey's Office
Approved As To Form
By:
Kimberly Chytraus
Date:
202 Bill No. of 2023.
203 Published:
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