9th and 9th neighbors fume over gas station
Mediation set » Smith's and SLC may finally settle decadelong fight.
By Derek P. Jensen
The Salt Lake Tribune
Designed as a pedestrian haven, Salt Lake City's 9th and 9th district boasts boutiques, ethnic eateries, coffee shops, alternative cinema, charm, and now -- if Smith's gets its way -- a gas station.
On Monday, after a decadelong debate, the quarrel between the city and Smith's moves to a court-ordered mediation conference. It marks a last stab at compromise before appellate judges intervene.
Neighbors, who have battled the grocer and city bureaucrats over the plan since 2001, are fuming. They argue pumps in Smith's parking lot along 800 South would breed more cars, crime, noise and air pollution. A gas station wouldn't jell with a prospective streetcar line. And who knows what it would do to the natural water source below that feeds a nearby artesian well.
"This is the most-walkable neighborhood in the city," said 800 East resident Tim Shultz, who may move if the fuel station gets a green light. "It's going to be a gigantic eyesore."
But Deputy City Attorney Lynn Pace cautions the capital has not lost yet in its fight keep out the pumps. He says mediation with Smith's representatives is a "no-risk" step before potential oral arguments at the Utah Court of Appeals.
"If they don't present something that is attractive to us, we say no."
Because there already are six gas stations within five blocks of the store, neighbors suggest the grocer instead add pumps at its larger outlet near 500 South and 500 East.
Smith's says its desire for a gas station near 9th and 9th is driven by repeated customer requests. "During these difficult economic times, the fuel discounts we offer shoppers have been well received at every fuel center we operate," the store said in a statement. "We believe our customers at this store are entitled to and deserve the same fuel services we offer elsewhere."
But Marian Florence, whose backyard abuts the five proposed gas pumps, labels the plan a nuisance -- and a broken promise. She argues a 1993 master plan, which Smith's helped fund and write, should be binding.
"It has to do with corporate citizenship, public process, protecting the environment and protecting the sustainability of Salt Lake neighborhoods," she said. "I consider the master plan to be a contract between the neighborhood and Smith's."
That document, which governed the relocation of a loading dock, states that any future development shall require a master-plan amendment. It conjures parallels with the City Council's recent vote against a plan to expand the St. Joseph Villa care center. And, according to Pace, it is the foundation of the city's case.
To get to this point, the gas station has endured a long legal run.
After city planners rejected Smith's gas-station proposal, the store pitched the idea to the Board of Adjustment in 2006. Twice denied by that panel, Smith's took its case to 3rd District Court, which also sided against the pumps. That led to the latest appeal.
But a technical twist may give the grocer an edge this time. After a 1980s expansion, Smith's persuaded the city to sell part of Windsor Street -- owners were bought out and homes were razed -- to expand the parking lot. To this day, those stalls remain separate from the rest of the lot, which Smith's insists gives it the right to develop without city permission or an amendment to the master plan.
"Because the city has not jumped on that," Shultz said, "it's put Smith's in a very strong legal position."
Former City Councilwoman Nancy Saxton concurs, and says that leverage is both "bizarre" and "maddening."
"Shame on us," Saxton said, "that our myriad of attorneys couldn't figure this out."
What's more, after receiving the mediation notice, second-year Mayor Ralph Becker's new planning team was scrambling this week to catch up -- reaching out to neighborhood activists for history on the dispute.
"It's terrifying," Florence said. "I thought we were winning."
Pace says the city will try to negotiate, acknowledging Smith's wouldn't be appealing if it didn't have an argument. "Thus far the city has won everything, and Smith's has won nothing," he said, remaining optimistic over the mediation. "If you go to court, it's all or nothing. If the city loses, we have no leverage with Smith's, except to ask nicely."
Florence, who has spearheaded a petition with hundreds of signatures and protests at the parking lot, has a backup plan. If the station is approved, she is pushing for alternative fuel, including natural gas, biodiesel and electric-charging stations -- perhaps powered by solar. She also wants the store to replace its wall facing 900 East with a European-style market and cafe.
"It would showcase the 9th and 9th neighborhood," she said. "Smith's would gain new customers. Everybody would win."
Court-ordered mediation
Salt Lake City and Smith's will sit down with mediators Monday to discuss potential solutions to the gas-station debate near 9th and 9th. The grocer insists it doesn't need the city's permission to add pumps to the Smith's parking lot along 800 South and 900 East. Neighbors and the city disagree, arguing Smith's is breaking its 1993 master-plan promise. The issue may be decided by the Utah Court of Appeals.
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