On Tuesday, City Council members in this rapidly-growing community grappled with ethical and legal questions related to construction along Traverse Ridge, an area where major fault lines and ancient landslides are known to exist.
"When it comes to ensuring safety, if you build on a potential landslide, you've already lost some of that safety," said Councilman Paul Edwards. "You'd have to not allow any development to really be safe."
"Why can't we legally say we're not going to allow construction on geologic hazards?" said Councilwoman Stephanie Davis
City Attorney Todd Godfrey offered his perspective.
"Some property owners would view it as a taking of their property," said Godfrey. "It exposes the city in a way and magnitude far different from any other lawsuit" - having the potential to financially bring the city to its knees.
Last month, the city was threatened with a $500 million lawsuit by attorneys representing the 3,800-acre SunCrest Development on Traverse Ridge.
That threat - meant to hush recommendations of a city-funded geologic review done by Portland-based Landslide Technology - was later withdrawn.
The developer had shelled out $1.5 million for extensive geotechnical studies and objected to the negative perception the city-commissioned report could cast. So far, 650 upscale homes have gone up in the master-planned SunCrest community. A total of 3,800 homes are possible.
"The government tries to protect people from everything, including themselves," said Edwards. "At some point people need to take responsibility. If we've provided the information, the burden shifts to them."
In some areas of Draper, xeriscaping is recommended rather than sod, and sprinkler systems are considered unwise. However, these suggestions are not mandated and council members feared they might not be communicated to future homeowners as properties change hands.
"We're at the forefront here in Utah," said David Dobbins, Draper's community and economic development director. "Other cities have similar issues but not to the magnitude that we do."
In the next few weeks, Dobbins plans to assemble a work group, with a California consultant onboard, to add teeth to Draper's development ordinances.
cmckitrick@sltrib.com
