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Entity Staff Report - 7/4/2021CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Brian Fullmer Policy Analyst DATE:June 1, 2021 RE: Fern Subdivision Alley Vacation PLNPCM2018-00468 PUBLIC HEARING UPDATE Six people spoke at the May 18, 2021 public hearing. Most comments were generally supportive of vacating the alley. One person was opposed to closing the alley stating the alley could help reduce vehicular traffic on streets. It should be noted the east-west alley segment is only seven feet wide and could not accommodate vehicular traffic. The Council voted to close the public hearing and defer action to a future Council meeting. The following information was provided for the May 18, 2021 public hearing. It is provided again for background purposes. BRIEFING UPDATE At the April 6 Council briefing, a Council Member asked for clarification of the utility easement location. Planning staff stated the easement is on the eastern north-south alley segment. The following information was provided for the April 6, 2021 Council briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE Item Schedule: Briefing: April 6, 2021 Set Date: April 6, 2021 Public Hearing: May 18, 2021 Potential Action: June 1, 2021 Page | 2 The Council will be briefed about a proposal to vacate a City-owned alley known as the Fern Subdivision Alley located between 1000 East and 1100 East and between Wood Avenue and Logan Avenue in City Council District Five. The east-west portion of the alley runs behind eight homes between 1019 East (applicant’s home) and 1053 East Logan Avenue. Segments of the alley run north-south adjacent to homes at 1019 East and 1053 East Logan Avenue as shown in the image below. The north-south segments are approximately 126’ long and ten feet wide. The east-west segment is approximately 336’ long and seven feet wide. It should be noted the alley segment between homes at 1595 and 1597 South 1000 East was vacated in 2000 and is not part of this request. The applicant originally wanted to vacate just the alley segment adjacent to her property, but during departmental review vacation of the entire alley was recommended due to lack of use and multiple encroachments into the alley. This also follows the City policy to vacate an entire alley rather than a segment. This alley exists on the subdivision plat recorded in 1906, but there is no evidence it was ever used as an alley or it physically exists. Encroachments into the alley space make it impassable. City Real Estate Services notified the applicant half of her driveway is the City owned alley which prompted this alley vacation request. The Planning Commission sent a unanimous positive recommendation to vacate the alley to the City Council. Aerial view with the subject alley highlighted in yellow. Alley segment highlighted in red was vacated in 2000. Parcels at 1597 and 1615 South 1000 East and within the yellow highlighted alley are eligible to receive vacated alley property. Abutting parcels with diagonal lines are not eligible to receive alley property as they are outside the subdivision. Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. POLICY QUESTION 1. Does the Council agree with the Planning Commission’s recommendation on this alley closure request? Page | 3 ADDITONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 6 - 7 below). Those phases include an administrative determination of completeness; a public hearing, including a recommendation from the Planning Commission; and a public hearing before the City Council. The Planning Commission staff report provides information relating to the following four key considerations related to this alley vacation. A short description of each issue is provided below for reference. Please see pages 19-21 of the Administration’s transmittal for full analysis of these issues. 1. Property Owner Consent Section 14.52.030 A.1 states “The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuts the subject alley property.” A total of 19 properties abut the subject alley and 17 of those property owners signed the petition, totaling 89% of owners. The two owners who did not sign the petition to vacate the alley have not submitted or voiced concern as of the writing of this report. 2.Creation/History of the Alley and Disposition if Vacated The subject alley is included in the Fern Subdivision plat recorded in 1906 and listed as a public alley. Abutting properties in the Fern Subdivision plat are 1597 and 1615 South 1000 East and the eight properties between the north-south segments of the alley from 1019 through 1053 East Logan Avenue. Adjacent parcels to the north and the property at 1059 East Logan Avenue are outside the Fern Subdivision plat. According to the Salt Lake City Attorney’s Office interpretation of City code, when alleys dedicated as part of a subdivision are vacated, they must be conveyed to abutting property owners within that subdivision. Utah court case law supports this position. As such, adjacent property owners on Wood Avenue and at 1059 East Logan Avenue would not receive a portion of the alley if the Council votes to vacate the alley. If the alley vacation is approved by the Council, encroachments into the alley from abutting properties outside the Fern Subdivision will need to be negotiated with abutting owners within the subdivision to split the alley property between them or convey it to the other party in whole or in part. This would be a private transaction between the parties and the City would not be involved. 3.Condition of the Alley Properties abutting the north-south segments at both the east and west ends use the alley for their driveways. A portion of the house at 1059 East Logan Avenue appears to be encroaching on the alley. In addition, the east-west alley segment appears to have been incorporated into most properties adjacent to the north. Fences and accessory structures, including garages, are encroaching into the alley. 4.Future Public Uses of the Alley Potential to use alleys for pedestrians, cyclists or other beneficial uses is considered in alley vacation requests. The Fern Subdivision is in the Central Community Master Plan. The future land use map Page | 4 designates this area as Low Density Residential. The area is identified as the East Central South Neighborhood and the plan calls for preserving the low-density residential uses. Logan Avenue and Wood Avenue are parallel to the subject alley and have existing sidewalks on both sides of the street. There is no mid-block public right of way between the streets. It is Planning staff’s opinion the alley is not necessary to create an alternative trail to connect 1000 East and 1100 East or Logan Avenue to Wood Avenue. Because the east-west segment is only seven feet wide, it would not meet City Engineering standards for full vehicular access and would only be considered for pedestrian or trail access if it physically existed. The subject alley is located in an established residential neighborhood comprised of single-family homes. The Central Community Master Plan does not identify changes to this composition and Planning staff states the area is unlikely to change significantly over time. Because of numerous encroachments along the alley, any alternative use would require enforcing upon property owners to remove structures, fences, or landscaping covering the alley property. Attachment E of the Administration’s transmittal (pages 37 - 38) is an analysis of factors City Code requires the Planning Commission to consider for alley vacations (Section 14.52.030 B Salt Lake City Code). In addition to the information above, the other factors are summarized below. For the complete analysis, please refer to the transmittal. City Code required analysis: The City Police Department, Fire Department, Transportation Division and all other relevant City departments and divisions have no reasonable objection to the proposed disposition of the property. Finding: Complies with conditions. City Public Utilities noted there is a sewer lateral for 1059 East Logan Avenue is in the alley right of way. If the Council votes to vacate the alley, Public Utilities’ recommendation is to either transfer ownership of that section of the alley to that property owner or include an easement. Because the property at 1059 East Logan Avenue is outside the Fern Subdivision, ownership cannot be conveyed to the owner. The Salt Lake City Surveyor noted there is no functioning alley at this location and recommended vacating the property and incorporating it into adjacent parcels. A legal description of the property written by a licensed surveyor is required. All other responding divisions found no issues with the proposal or provided no comments. City Code required analysis: The petition meets at least one of the policy considerations for closure, vacation or abandonment of City owned alleys (Lack of Use, Public Safety, Urban Design, Community Purpose). Finding: Complies. Planning staff determined the proposed alley closure satisfies the Lack of Use policy consideration for the petition to be processed. City Code required analysis: The petition must not deny sole access or required off-street parking to any adjacent property. Finding: Complies. No abutting parcels appear to use the alley to access off-street parking with the exception of 1019 East and 1053 East Logan Avenue and 1615 South 1000 East. These would continue to use the north-south segments if the Council vacates the alley and the property is conveyed to those property owners. City Code required analysis: The petition will not result in any property being landlocked. Finding: Complies. No properties would be landlocked as a result of the alley vacation. Page | 5 City Code required analysis: The disposition of the alley property will not result in a use which is otherwise contrary to the policies of the City, including applicable master plans and other adopted statements of policy which address, but which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses. Finding: Complies. The petitioner requests closure of the alley to come into compliance with City Real Estate Services. Disposition for low density residential areas is to vacate the alley to properties adjacent to it and within the same subdivision. Properties north of the alley are not in the same subdivision. If the Council adopts the alley vacation alley property would be given to properties facing Logan Avenue, 1615 South 1000 East and 1597 South 1000 East and incorporated into their backyards. The applicant and the property owner at 1615 South 1000 East will need to come to an agreement to address off-street parking through a private arrangement. The Central Community Master Plan does not include any policy that would oppose vacating the alley. City Code required analysis: No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within 12 months of issuance of the building permit. Finding: Complies. No abutting property objected to vacating the alley as of the writing of this report. No applications for a building permit have been submitted. City Code required analysis: The petition furthers the City preference for disposing of an entire alley, rather than a small segment of it. Finding: Complies. The applicant is requesting to vacate the entire alley. City Code required analysis: The alley property is not necessary for actual or potential rear access to residences or for accessory uses. Finding: Complies. The alley is not used for functional access to backyards of abutting properties and no owners indicated access is necessary for that purpose with the exception of the applicant and the owner of 1615 South 1000 East and 1053 East Logan Avenue as discussed above. PUBLIC PROCESS Notice of the project and a request for comments were sent to the Sugar House Community Council Chair July 18, 2018. Planning staff did not receive any comments from the Sugar House Community Council. Planning staff held an open house October 18, 2018. The owner of 1026 East Wood Avenue (outside the Fern Subdivision) expressed concern about whether an accessory building was in the alley right-of-way. (See comment card on page 40 of the Administration’s transmittal.) A Planning Commission public hearing notice was mailed to property owners within 300 feet of the alley and a public hearing notice was posted on the property May 31, 2019. Notice of the public hearing was posted to City and State websites June 1, 2019. The Planning Commission held a public hearing at its June 12, 2019 meeting. One property owner adjacent to the alley spoke at the hearing supporting the alley closure. The Planning Commission voted unanimously to send a favorable recommendation to the City Council. ALLEY DISPOSITION PROCESS In order for the City to dispose of its interest in an alley, it must be demonstrated at least one of the following criteria is satisfied: Page | 6 A.Lack of Use-it is evident from an on-site inspection that the alley does not physically exist or has been materially blocked in a way that renders it unusable as a public right-of-way. B.Public Safety-existence of the alley substantially contributes to crime, unlawful activity or unsafe conditions, public health problems, or blight in the surrounding area. C.Urban Design-Continuation of the alley does not serve as a positive urban design element. D.Community Purpose-Petitioners propose to restrict the general public from use of the alley in favor of a community use, such as a neighborhood play area or garden. The applicant cited Lack of Use and Public Safety as considerations for the alley closure. Planning staff found the proposed alley closure complies with the Lack of Use consideration. However, they stated the Public Safety consideration was not evident from an on-site inspection. This consideration was found to be questionable since the alley has been closed off for many years and no additional information was provided by the applicant to support the argument. The process for closing or vacating a City-owned alley is outlined in Section 14.52 Salt Lake City Code. 14.52.010: DISPOSITION OF CITY'S PROPERTY INTEREST IN ALLEYS: The city supports the legal disposition of Salt Lake City's real property interests, in whole or in part, with regard to city owned alleys, subject to the substantive and procedural requirements set forth herein. 14.52.020: POLICY CONSIDERATIONS FOR CLOSURE, VACATION OR ABANDONMENT OF CITY OWNED ALLEYS: The city will not consider disposing of its interest in an alley, in whole or in part, unless it receives a petition in writing which demonstrates that the disposition satisfies at least one of the following policy considerations: A. Lack Of Use: The city's legal interest in the property appears of record or is reflected on an applicable plat; however, it is evident from an onsite inspection that the alley does not physically exist or has been materially blocked in a way that renders it unusable as a public right of way; B. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity, unsafe conditions, public health problems, or blight in the surrounding area; C. Urban Design: The continuation of the alley does not serve as a positive urban design element; or D. Community Purpose: The petitioners are proposing to restrict the general public from use of the alley in favor of a community use, such as a neighborhood play area or garden. (Ord. 24-02 § 1, 2002) 14.52.030: PROCESSING PETITIONS: There will be three (3) phases for processing petitions to dispose of city owned alleys under this section. Those phases include an administrative determination of completeness; a public hearing, including a recommendation from the Planning Commission; and a public hearing before the City Council. A. Administrative Determination Of Completeness: The city administration will determine whether or not the petition is complete according to the following requirements: 1. The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuts the subject alley property; Page | 7 2. The petition must identify which policy considerations discussed above support the petition; 3. The petition must affirm that written notice has been given to all owners of property located in the block or blocks within which the subject alley property is located; 4. A signed statement that the applicant has met with and explained the proposal to the appropriate community organization entitled to receive notice pursuant to title 2, chapter 2.60 of this code; and 5. The appropriate city processing fee shown on the Salt Lake City consolidated fee schedule has been paid. B. Public Hearing and Recommendation From The Planning Commission: Upon receipt of a complete petition, a public hearing shall be scheduled before the planning commission to consider the proposed disposition of the city owned alley property. Following the conclusion of the public hearing, the planning commission shall make a report and recommendation to the city council on the proposed disposition of the subject alley property. A positive recommendation should include an analysis of the following factors: 1. The city police department, fire department, transportation division, and all other relevant city departments and divisions have no reasonable objection to the proposed disposition of the property; 2. The petition meets at least one of the policy considerations stated above; 3. Granting the petition will not deny sole access or required off street parking to any property adjacent to the alley; 4. Granting the petition will not result in any property being landlocked; 5. Granting the petition will not result in a use of the alley property which is otherwise contrary to the policies of the city, including applicable master plans and other adopted statements of policy which address, but which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses; 6. No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within twelve (12) months of issuance of the building permit; 7. The petition furthers the city preference for disposing of an entire alley, rather than a small segment of it; and 8. The alley property is not necessary for actual or potential rear access to residences or for accessory uses. C. Public Hearing Before The City Council: Upon receipt of the report and recommendation from the planning commission, the city council will consider the proposed petition for disposition of the subject alley property. After a public hearing to consider the matter, the city council will make a decision on the proposed petition based upon the factors identified above. (Ord. 58-13, 2013: Ord. 24-11, 2011) 14.52.040: METHOD OF DISPOSITION: If the city council grants the petition, the city owned alley property will be disposed of as follows: Page | 8 A. Low Density Residential Areas: If the alley property abuts properties which are zoned for low density residential use, the alley will merely be vacated. For the purposes of this section, "low density residential use" shall mean properties which are zoned for single-family, duplex or twin home residential uses. B. High Density Residential Properties And Other Nonresidential Properties: If the alley abuts properties which are zoned for high density residential use or other nonresidential uses, the alley will be closed and abandoned, subject to payment to the city of the fair market value of that alley property, based upon the value added to the abutting properties. C. Mixed Zoning: If an alley abuts both low density residential properties and either high density residential properties or nonresidential properties, those portions which abut the low density residential properties shall be vacated, and the remainder shall be closed, abandoned and sold for fair market value. (Ord. 24-02 § 1, 2002) 14.52.050: PETITION FOR REVIEW: Any party aggrieved by the decision of the city council as to the disposition of city owned alley property may file a petition for review of that decision within thirty (30) days after the city council's decision becomes final, in the 3rd district court.