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Legislative Version Ordinance - 8/25/20231 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 3 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 4 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 5 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 6 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 7 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 8 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: __________________ 9 Bill No. ______ of 2023. 202 Published: _____________________. 203 204