Transmittal - 8/25/2023ERIN MENDENHALL DEPARTMENT OF PUBLIC LANDS
MAYOR KRISTIN RIKER
DIRECTOR
SALT LAKE CITY CORPORATION WWW.SLCGOV.COM
1965 WEST 500 SOUTH TEL: 801-972-7800
SALT LAKE CITY, UTAH 84104 PAGE 1 OF 2
CITY COUNCIL TRANSMITTAL
____________________________ Date Received: _______________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________
TO: Salt Lake City Council DATE: August 14, 2023
Darin Mano, Chair
FROM: Kristin Riker, Director, Department of Public Lands ________________
SUBJECT: Open Space Lands Amendment 2.58.040 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
Lisa Shaffer (Aug 25, 2023 11:39 MDT)08/25/2023
08/25/2023
Open Space Lands Amendment 2.58.040 and 2.90.070
Transmittal to City Council
Page 2 of 3
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 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.
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
¼ 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 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 ¼ 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.
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.
Open Space Lands Amendment 2.58.040 and 2.90.070
Transmittal to City Council
Page 3 of 3
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 2.58.040 and 2.90.070 Final Approved
B. Amending 2.58.040 and 2.90.070 Clean
C. Amending 2.58.040 and 2.90.070 Redline
EXHIBIT A
Amending 2.58.040 and 2.90.070 Final Approved
1
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
2
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;
3
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
4
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
¼ 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
5
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.
6
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
7
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 ¼
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.
8
Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________,
2023.
____________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
___________________________
CITY RECORDER
Transmitted to Mayor on ______________________.
Mayor’s Action: __________ Approved. ___________ Vetoed.
____________________________
MAYOR
___________________________
CITY RECORDER
(SEAL)
Bill No. ______ of 2023.
Published: _____________________.
Salt Lake City Attorney’s Office
Approved As To Form
By: _______________________
Kimberly Chytraus
Date: __________________ June 23, 2023
EXHIBIT B
Amending 2.58.040 and 2.90.070 Clean
1
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
2
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;
3
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
4
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
¼ 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
5
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.
6
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
7
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 ¼
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.
8
Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________,
2023.
____________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
___________________________
CITY RECORDER
Transmitted to Mayor on ______________________.
Mayor’s Action: __________ Approved. ___________ Vetoed.
____________________________
MAYOR
___________________________
CITY RECORDER
(SEAL)
Bill No. ______ of 2023.
Published: _____________________.
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 1
No. ______ of 2023 2
3
(Exception to mandatory process for sale of significant parcels of real property 4
and removal of lands from the open space lands inventory) 5
6
An ordinance amending Section 2.58.040 of the Salt Lake City Code, relating to the sale 7
of significant parcels of real property, and Section 2.90.070 of the Salt Lake City Code, relating 8
to the removal of lands from the open space lands inventory. 9
WHEREAS, the City desires to make certain changes relating to an exemption, for 10
certain easements to public utility providers, from the mandatory procedures of those sections; 11
and 12
WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Section 2.58.040 13
and Section 2.90.070 of the Salt Lake City Code, relating to such changes. 14
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 15
SECTION 1. Section 2.58.040 of the Salt Lake City Code, relating to the sale of 16
significant parcels of real property, is amended as follows: 17
2.58.040: SALE OF SIGNIFICANT PARCELS OF REAL PROPERTY; NOTICE AND 18
HEARING: 19
20
A. A significant parcel of real property owned by the City or any significant legal interest 21
therein shall not be sold, traded, leased or otherwise conveyed or encumbered until the City has 22
provided reasonable notice to all interested parties and held at least one public hearing on the 23
proposed conveyance as set forth herein. 24
B. Reasonable notice of the proposed conveyance shall follow the process outlined in state 25
code for class A public notice.Reasonable notice of the proposed conveyance shall .include the 26
following: 27
1. Notice of the proposed conveyance shall be mailed to all abutting property owners. 28
2
2. Notice of the proposed conveyance shall be delivered to the Office of the City Council, 29
posted in the Office of the City Recorder, delivered to a local media representative, and posted 30
on the City's website. 31
C. No significant parcel of City owned real property identified in section 2.58.035, including 32
table 2.58.035C, of this chapter may be conveyed until after a public hearing has been held 33
before one or more of the following as may be applicable: the City Council, the Planning 34
Commission, the Airport Board, the Public Utilities Advisory Committee, the Golf Enterprise 35
Fund Advisory Board, or the Parks, Natural Lands, Trails, and Urban Forestry Advisory Board. 36
D. In addition to the public hearing required above, the City Council may also request a 37
second public hearing before the conveyance of the property. Any request for a hearing before 38
the City Council must be delivered to the Office of the Mayor no less than fifteen (15) days after 39
delivery of the notice to the Office of the City Council pursuant to subsection B2 of this section. 40
If no request for a hearing is made within that time period, the City Council shall be deemed to 41
have waived any right to request a hearing. 42
If a written call for hearing has been made by the City Council, the Mayor or his or her designee 43
shall attend the hearing to hear and consider comments upon proposals to convey the property 44
specified in the notice. The hearing shall take place before, after or in conjunction with during a 45
regularly scheduled City Council meeting, as determined by the Mayor. 46
E. Any notice of a proposed conveyance of a significant parcel of City owned real property 47
shall specify the following: 48
1. A description of the property to be conveyed or encumbered; 49
2. The nature of the proposed conveyance or encumbrance, whether the property is to be 50
sold, traded or encumbered, including the nature of the conveyance if the property is to be sold, 51
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or if a trade or lease of property is contemplated, a brief summary of the proposed transaction; 52
3. Persons to whom interests are to be conveyed; 53
4. Any consideration tendered; 54
5. The name of the person, department or entity requesting such action; 55
6. The basis upon which the value of the interest has been determined by the City; 56
7. The date, time and location of the public hearing to be held before the City Council, the 57
Planning Commission, Airport Board, Public Utilities Advisory Committee, Golf Enterprise 58
Fund Advisory Board, or Parks, Natural Lands, Trails, and Urban Forestry Advisory Board, as 59
applicable. The notice shall further state that interested persons may appear and comment upon 60
the proposal. 61
F. The conveyance or encumbrance of a significant parcel of real property of the City may be 62
finalized: 63
1. By the Mayor, at his/her discretion following notice and any public hearings required by 64
this section; or 65
2. By the Mayor, if the transfer is revocable and the Mayor has determined that an 66
unanticipated combination of facts and conditions of pressing necessity has emerged that 67
requires that action be taken before a City Council hearing. Such conditions shall not be deemed 68
to arise unless it appears that delay from the notice or a City Council hearing would produce: 69
a. Great or irreparable injury to persons seeking the conveyance or encumbrance, with 70
negligible impact upon City interests; 71
b. Serious detriment to the social or economic interest of the community as whole; or 72
3. Substantial economic loss to the City. 73
G. Any decision by the Mayor to forego the City Council hearing provisions of this section 74
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shall be made in writing to the City Council, stating the specific reasons upon which the decision 75
was based. 76
H. The following shall be exempt from the mandatory procedures of this section: 77
1. The leasing of existing buildings, infrastructure, or facilities; 78
2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the 79
Mayor for a reason identified by the Mayor in writing, more than twenty (20) days but less than 80
thirty-one (31) days; 81
3. The leasing of recreation areas in accordance with their intended use; 82
4. The selling of burial rights in the Salt Lake City Cemetery; and 83
5. The granting of easements or other rights that service the property, including grants in 84
connection with utilities or safety equipment such as traffic signal poles. Any such easement or 85
use right must be, which must be primarily for the benefit of the City, and the granting of 86
easements or other use rights to public utility providers for public utility purposes. Any such 87
easement or use right must not interfere with the intended use or character of the property as 88
determined by the City. With respect to open space land under chapter 2.90 of this title, such 89
easement or use right may be granted only with the approval of the director of the City’s public 90
lands department or their designee in their sole discretionCity’s Open Space Lands Manager. 91
6. A land exchange for a de minimis parcel of land owned by the City for another de 92
minimis parcel of land where the intended use or character of the parcels is substantially similar 93
to each other. For purposes of this section, a de minimis parcel is one consisting of not more than 94
¼ of an acre. With respect to open space land under chapter 2.90 of this title, such exchange 95
made be made only with the approval of the director of the City’s public lands department or 96
their designee in their sole discretion. 97
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SECTION 2. Section 2.90.070 of the Salt Lake City Code, relating to the removal of 98
lands from the open space lands inventory, is amended as follows: 99
2.90.070: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS INVENTORY: 100 101
A. Open space lands, conservation easements or other interests in open space land placed in the 102
open space lands inventory shall remain in the inventory in perpetuity unless: 1) they are 103
transferred to a qualified public or nonprofit land conservation entity; or 2) a sale, conversion 104
from undeveloped open space land to developed open space land, exchange, or other transfer of 105
the land, conservation easement or other interest in land is approved by the mayor, subsequent to 106
the following mandatory procedures: 107
1. Any proposal to sell or transfer open space land must be in writing, signed by the mayor, 108
and must include a description of the land to be sold or transferred, the purpose of the proposed 109
sale or transfer, the proposed purchaser of the land, the amount of the proposed purchase price, 110
the anticipated future use of the land, any anticipated change in zoning that would be required to 111
implement that proposed future use, and a statement by the mayor explaining why the proposed 112
sale or transfer of the open space land is in the best interest of the Ccity. 113
2. Holding a public hearing before the mayor and the Ccity Ccouncil. 114
3. Providing notice of the proposed sale or transfer and the public hearing through the 115
process outlined in state code for class A public notice.by: 116
a. Publication of a notice for two (2) successive weeks, beginning at least thirty (30) days 117
in advance of the hearing, in a newspaper of general circulation in the city, no less than one- 118
fourth (1/4) page in size, with type no smaller than 18-point, surrounded by a one-fourth inch 119
(1/4") border, in a portion of the newspaper other than where the legal notices and classified 120
advertisements appear, containing the information set forth in the form below; 121
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b. Posting two (2) signs measuring at least two feet by three feet (2' x 3') each, on the land 122
proposed for sale or transfer at least thirty (30) days in advance of the hearing, containing the 123
information set forth in the form below; and 124
c. Mailing notice, at least thirty (30) days in advance of the hearing, to all property owners 125
of record within one thousand feet (1,000') of the land proposed for sale or transfer, containing 126
the information set forth in the form below. 127
ad. Any notice published, posted or mailed pursuant to this section shall state substantially 128
as follows: 129
NOTICE OF PROPOSED SALE OR TRANSFER OF PUBLICLY OWNED OPEN SPACE 130
LAND 131
The Mayor of Salt Lake City is proposing to sell or transfer certain Open Space Lands 132
owned by Salt Lake City located at [street location] for $[proposed amount of 133
considerationsale] to [proposed buyertransferee] for future use as [proposed future use]. 134
A public hearing on this proposal will be held before the Mayor and the City Council on 135
[date of hearing] at the Salt Lake City & County Building, 451 South State Street, room 315, Salt 136
Lake City, Utah, at [time of hearing] p.m. 137
Any individual wishing to address this proposal is invited to attend participate and to 138
express their views to the Mayor and the City Council at that hearing. 139
4. Following the public hearing, the Ccity Ccouncil may elect to conduct an advisory vote 140
as to the proposed sale or transfer of the open space land. 141
5. No sale or transfer of open space land may occur until at least six (6) months after the 142
conclusion of the public hearing in order to provide an opportunity to explore other alternatives 143
to the proposed sale or transfer of the open space land. 144
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B. Any open space lands, conservation easements or other interests in open space land: 1) 145
acquired by the cCity in partnership with other entities, units of government, or other parties; or 146
2) received by donation, bequest, devise, or dedication, may only be authorized for sale, 147
conversion from undeveloped open space land to developed open space land, exchange or other 148
transfer if such action is allowed for in the instrument under which the open space land, 149
conservation easement or other interest in open space land was conveyed to, or acquired by, the 150
city. 151
C. The following shall be exempt from the mandatory procedures of this section: 152
1. The leasing of existing buildings, infrastructure, or facilities.; 153
2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the 154
mayor for a reason identified by the mayor in writing, more than twenty (20) days but less than 155
thirty-one (31) days.; 156
3. The leasing of recreation areas in accordance with their intended use.; 157
4. The selling of burial rights in the Salt Lake City Cemetery. 158
5. The granting of easements or other rights that service the property, including grants in 159
connection with utilities or safety equipment such as traffic signal poles, which . Any such 160
easement or use right must be primarily for the benefit of the cCity, and the granting of 161
easements or other use rights to public utility providers for public utility purposes. Any such 162
easement or use right must not interfere with the intended use or character of the property as 163
determined by the City. With respect to open space land under this chapter, such easement or use 164
right may be granted only with the approval of the city's open space lands managerdirector of the 165
City’s public lands department or their designee in their sole discretion. 166
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6. A land exchange for a de minimis parcel of open space land owned by the City for 167
another de minimis parcel of open space land where the intended use or character of the parcels 168
is substantially similar to each other, provided that such exchange may be made only with the 169
approval of the director of the City’s public lands department or their designee in their sole 170
discretion. For purposes of this section, a de minimis parcel is one consisting of not more than ¼ 171
of an acre. 172
SECTION 3. This ordinance shall take effect immediately after it has been published or 173
posted in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah 174
Code section 10-3-713. 175
Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________, 176
2023. 177
____________________________ 178
CHAIRPERSON 179
ATTEST AND COUNTERSIGN: 180
181
___________________________ 182
CITY RECORDER 183
184
Transmitted to Mayor on ______________________. 185
186
Mayor’s Action: __________ Approved. ___________ Vetoed. 187
188
189
____________________________ 190
MAYOR 191
192
193
194
___________________________ 195
CITY RECORDER 196
197
198
(SEAL) 199
200
201
Salt Lake City Attorney’s Office
Approved As To Form
By: _______________________
Kimberly Chytraus
Date: __________________
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Bill No. ______ of 2023. 202
Published: _____________________. 203
204