The city of Sandy had some explaining to do.

The explanation, laid out for the Utah Supreme Court on Wednesday, centered on whether Sandy officials had adequately explained to voters what was at stake for a 107-acre gravel pit when polls open Nov. 8.

City Attorney Walter Miller wrote an 80-word paragraph - it can't be any longer than 100 words - intended to lay out the issue on the ballot to help guide voters.

"It can't be done in 100 words," Miller said. "It's just a hopeless diversion."

A resident group fighting against the big-box development plans asked the high court to dump Miller's version and write its own. The court didn't say if it would do that, but justices spent much of Wednesday's hearing questioning whether Miller's version gets the job done.

Examples:

"Is it gobbledygook for voters?" asked Justice Jill Parrish.

"The point is to find clear language that voters can understand," said Chief Justice Christine Durham.

"Wouldn't it be necessary to describe the difference?" queried Justice Michael Wilkins.

At issue is a zone change approved, 5-2, last November by the Sandy City Council.

That vote opened the door for The Boyer Co.'s plan to bring a Super Wal-Mart, a Lowe's Home Improvement Warehouse, a smattering of smaller shops and restaurants, and 330 housing units to the gravel pit. The city is also planning to buy 21 acres of the land for a park-and-trail system.

A group of residents - dubbed Save Our Communities (SOC) - has fought against the development at 9400 South and 1000 East, arguing it's the wrong place for big boxes. SOC led a referendum drive that will force a citywide vote on the zoning change.

It's also SOC that claims Miller's attempt at writing ballot language is uninformative and biased.

"For a voter standing in the voting booth, it offers no assistance," said SOC attorney Rob Hughes. "It's not untrue, it's just unhelpful."

Hughes also faced a line of questioning by justices regarding what exactly was needed for the ballot. He also got quizzed on whether it was SOC's job, not the ballot language, to educate voters.

"We're not here to decide the best language," said Justice Matthew Durrant. "Our job is to determine if it's true and impartial."

Miller says his version does that. It explains, he said, the City Council's intention when it approved the zone change. What that correlates to on paper is terms, such as "master-planned," "cohesive development" and "integration of uses."

"We're supposed to say what the legislative purpose is," Miller said.

But the court seemed convinced the old zone and the new zone were analogous when it comes to the City Council's intended purpose.

"That's not what voters are being asked to vote on," Durham opined. Rather, several justices said voters should be told the difference between the old and new zone, which is primarily the addition of retail.

SOC offered its own version to the court, but Hughes didn't make a huge push to get the court to sign onto his draft. He did, however, say a reference to big-box retailers was vital.

"It's not about Wal-Mart. It's about big boxes," he said.

Miller disagreed. He argued that if "big box" is added, then other specifics - such as a 21-acre park, a road connection and buffering for nearby neighborhoods - must be included, too.

He said he didn't care if the court rewrites the ballot language. “We're saying, 'stay in the legislative language,' ” Miller said.

Sandy's version

In November 2004, Sandy adopted Ordinance No. 04-45 governing land uses at the "Gravel Pit" (approximately 1000 East and 9400 South). The stated purpose of the ordinance is to provide for master-planned, mixed-use development to act as a cohesive development, combining retail, commercial, higher-density residential, office and public uses as specified in the ordinance, under a master plan and standards which encourage integration of uses and appropriate transition to abutting zones.

Shall Ordinance 04-45 be approved?

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Save Our Community's version

In November 2004, the Sandy City Council voted in favor of Ordinance 04-45. If approved by voters, the Ordinance will amend the zoning category applicable to the "Gravel Pit" (approximately 1000 East and 9400 South). Under the current zone, there are nine permitted uses at the Gravel Pit, including:

l Single-family residential.

l Schools

l Open space

l Business and financial services.

Ordinance 04-45, if approved, will allow a number of new uses at the Gravel Pit that are prohibited under the current zone, including:

l "Big box" retailers.

l Convenience stores.

l Higher-density residential (20 units/acre)

Shall Ordinance 04-45 be approved?

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