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Entity Staff Report - 11/15/2021CITY 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:November 16, 2021 RE: Columbus Street Alley North of Victory Road PLNPCM2020-00564 ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate a north/south City-owned alley north of Victory Road and adjacent to properties at 583, 585, 589, and 595 North Columbus Street, and 590 North Victory Road as shown in the image below. The five properties have a total of four property owners, all of whom signed a petition supportive of the alley vacation. Properties adjacent to the alley are zoned R-2 (Single- and two-family residential district), and OS (Open Space). The subject alley is approximately 150 feet long and total area is approximately 2,750 square feet. An alley segment north of the subject alley was previously vacated, and the southern end of the alley terminates at a UDOT right-of-way. The alley was recorded but undeveloped and exists only on paper. It is unlikely the alley could ever be developed due to steep topography of the hillside on which it is located. Planning staff recommended and the Planning Commission forwarded a unanimous positive recommendation to the City Council for the alley vacation. If approved by the City Council, the subject alley property would be vacated and incorporated into abutting property owners’ parcels. Owners of the residential properties would not be charged for their ½ width portions of the alley. The Open Space zoned parcel is privately owned, and that property owner would be charged market value for the ½ width alley property abutting theirs. Item Schedule: Briefing: November 16, 2021 Set Date: November 16, 2021 Public Hearing: December 7, 2021 Potential Action: December 14, 2021 Page | 2 Image courtesy Salt Lake City Planning Division Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. ADDITONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 4-6 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 3-4 of the Planning Commission staff report for full analysis of these issues. 1. Property Owner Consent Section 14.52.030.A.1 Salt Lake City Code states “the petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuse the subject alley property.” As noted above, all four abutting property owners signed the petition supporting the alley vacation. Page | 3 2.Creation/History of the Alley and Disposition if Vacated The City Surveyor found the subject alley was not dedicated through the usual subdivision process. Rather, it was dedicated as a public right-of-way through the original platting of the city. As stated above, if the alley vacation is approved by the City Council, residential property owners would not be charged for the alley abutting their property. The Open Space property owner would be charged fair market value for the abutting alley property. The method of disposition is included in Chapter 14.52.040.C Salt Lake City Code below. 3.Existence of the Alley The alley was platted but exists only on paper. Planning staff noted “While the history is not clear, it is possible that there may not have been an intent to actually establish an alley in this location. Given the angle of slope coming off of Victory Road, a UDOT road, it is also likely that if an alley was planned, it was never built due to the physical constraints of the property grade.” 4.Future Public Uses of the Alley It is Planning staff’s belief there is no viable future use for the subject alley. No City department identified potential public uses and did not raise any objections to the alley vacation. Attachment E (pages 14-16 of the Planning Commission staff report) 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, other factors are summarized below. Planning staff found the proposed alley vacation complies with all eight factors below. For the complete analysis, please refer to the staff report. 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. No City department raised objection to the alley vacation. 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 vacation satisfies the Lack of Use policy consideration. City Code required analysis: The petition must not deny sole access or required off-street parking to any adjacent property. Finding: Complies. Vacating the alley would not impact parking or access to any property. City Code required analysis: The petition will not result in any property being landlocked. Finding: Complies. No property would be landlocked as a result of this alley vacation request. 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. Vacating the subject alley will not create or result in any use that is contrary to City policies. There is no use for the alley and it likely could never be built due to site constraints. Page | 4 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 owner opposed the alley vacation and no building permit applications 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 request is to close a remaining alley segment. A continuation of the alley to the north was previously vacated, though the City Surveyor was not able to determine when that occurred. The remaining alley segment would be considered an “entire alley” and as such meets this factor. City Code required analysis: The alley property is not necessary for actual or potential rear access to residences or for accessory uses. Finding: Complies. None of the properties abutting the subject alley use it for rear access. PUBLIC PROCESS August 10, 2020-Notice of the project and request for comments sent to the Capitol Hill Neighborhood Council Chair. August 11, 2020-Early notification announcement sent to residents and owners within 300 feet of the subject alley. The notice included information about how to provide public comment. May 13, 2021- Public hearing notice mailed Public hearing notice signs posted on property Public notice posted on City and State websites, and Planning Division listserv. May 26, 2021-Planning Commission public hearing. There were no comments at the hearing. The Commission closed the hearing and voted unanimously to forward a positive recommendation to the City Council. 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; Page | 5 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; 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 Page | 6 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: 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.