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Council Provided Information - 10/4/2022CITY 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:October 4, 2022 RE: Green Street Alley Vacation PLNPCM2020-00903 PUBLIC HEARING UPDATE No one spoke at the September 20, 2022 public hearing. The Council closed the hearing and deferred action to a future Council meeting. The following information was provided for the September 20, 2022 Council public hearing. It is provided again for background purposes. BRIEFING UPDATE Council Members did not express objections to the proposed alley vacation. They confirmed with Planning staff the alley property would be divided in half and deeded to abutting property owners if the alley vacation is adopted. The following information was provided for the September 13, 2022 Council briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate a T-shaped alley between 1300 South and Harrison Avenue, and between Green Street (approximately 655 East) and 700 East. The alley was platted as part of the Marion Park Subdivision in 1890 and is adjacent to six residential properties on Green Street, property Item Schedule: Briefing: September 13, 2022 Set Date: September 6, 2022 Public Hearing: September 20, 2022 Potential Action: October 4, 2022 Page | 2 at the southwest corner of 1300 South and 700 East owned by Grace Gospel Church, and UDOT as shown in the image below. All abutting parcels are zoned R-1/5,000, with the exception of the UDOT property which, due to its ownership by the State, is not required to have a City zoning designation. Homes fronting 700 East existed on the east side of the alley until UDOT acquired the property in the 1960s for an expansion of 700 East and the homes were demolished. The alley has not been used in the decades since and exists only on paper. It is not a potential mid-block connection as is the case with some alleyways in the City. Abutting property owners to the west incorporated the alley into their properties and built fences and other encroachments. The petitioner, who is an adjacent property owner, discovered this issue when applying for a building permit to construct a shed on what they learned is alley property. When UDOT acquired land adjacent to the alley for the above referenced 700 East expansion, a subdivision amendment was not processed so that land is still considered by the City to be residential. It remained vacant for years until a community garden was recently created on a portion of the UDOT land as shown below. Section 14.52.040 Salt Lake City Code outlines the method of disposition of alley property if a petition is approved by the City Council. If abutting properties are zoned for low density residential use, the alley is merely vacated, divided in half and the owners are not charged. While the Gospel Grace Church property is not being used as residential, it is zoned R-1/5,000, (which is a conditional use in this zoning designation), so the Church would not be charged for abutting alley property if the Council approves the alley vacation. Similarly, UDOT would not be charged for the alley segment abutting its property since a subdivision amendment changing the land use was not processed when the property was acquired. Abutting Green Street property owners signed a petition supporting the alley vacation. Although a representative of Gospel Grace Church did not sign the petition, Planning staff stated the Church agreed to participate in the proposal. During City department and division review of the alley vacation petition, the Engineering Division expressed opposition for the following reasons: •Vacating the alley would give half ownership to the residential property owners west of the alley, and half to UDOT. (It is worth noting UDOT expressed a willingness to concede its half of the alley except for a small segment on the eastern side of the east/west portion of the alley.) If approved, the residential property owners and UDOT could complete that transaction without City involvement. •Illegal encroachment by adjacent property owners should not be the basis for an alley vacation. (Planning staff stated encroachment is not the reason for the vacation, rather it is lack of use.) •There should be a community benefit due to the vacation. No objections were received from other responding City departments or divisions. The Planning Commission reviewed this petition at its February 23, 2o22 meeting and held a public hearing. One person spoke at the hearing sharing concerns about the City not charging low-density residential property owners for abutting alley property but charging adjacent commercial and higher density residential owners when alleys are vacated. The Commission followed Planning staff’s recommendation and forwarded a unanimous positive recommendation to the Council for the alley vacation. Included in the recommendation is a condition that the entire width of the north/south alley segment should be deeded to the abutting residential property owners on the alley’s west side. The Attorney’s Office recommends half of the alley is deeded to abutting property owners on each side of the alley as outlined in City Code if the Council adopts the alley vacation. Owners can work with each other without City involvement to transfer ownership. Page | 3 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. If the Council is supportive of this alley closure request, does it prefer to divide the alley property between the abutting property owners, or deed the entire width to residential property owners to the west? Page | 4 Image courtesy Salt Lake City Planning Division Community garden at the corner of Harrison Avenue and 700 East Image courtesy of Google ADDITONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 6-8 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 three key considerations connected to this alley vacation. A short description of each issue is provided below for reference. Please see pages 5-6 of the Planning Commission staff report for full analysis of these issues. Issue 1: Alley Vacation Request The petitioner originally requested vacating only the alley segment abutting properties between 1331 South Green Street and 669 East Harrison Avenue. It was discovered the alley segments abutting Gospel Grace Church were also absorbed into its property. The Church agreed to be included in the proposed alley vacation. Planning staff noted the alley stopped having a purpose or use after abutting homes east of the alley were demolished in the 1960s. It is Planning’s opinion the alley is not useful as a public right-of-way and satisfies the “Lack of Use” policy consideration required in Section 14.52.02 of Salt Lake City Code. Issue 2: Alley Ownership Initially it was unclear if the City or UDOT owned the alley. Planning staff worked with UDOT and determined the alley was not part of the right-of-way acquired by UDOT. The petitioner provided a survey of their property that shows the alley at the rear of their property. Issue 3: Alley Disposition Page | 5 As discussed above, disposition of vacated City alleys is outlined in Section 14.52.040 Salt Lake City Code. For vacated alleys abutting low-density residential properties, the alley is divided in half and property owners on either side receive half the alley. As all abutting properties are designated as low-density residential, each will receive half the alley property adjacent to their properties if the Council adopts the proposal. Planning reviewed the proposed alley vacation against standards required for alley vacations and believes City policies and the relevant master plan do not include any policies opposed to the vacation. The Council has expressed an interest in retaining ownership of alleys that have future potential for mid-block connectivity or trail usage. This alleyway does not appear to have that potential future use. Attachment D (pages 24-26 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 the 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: Planning staff believes it complies. As noted above, City Engineering objected to the alley vacation. According to Engineering staff, the division opposes giving UDOT half the alley segment abutting its property. Engineering also stated encroachment should not be the basis for vacating an alley. Planning staff stated Lack of Use is the basis, not encroachment. Community purpose is one policy consideration for alley vacations, however, as noted above, Lack of Use is the policy consideration for the subject petition. Other City departments and divisions had no issues with the proposal or did not provide 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 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. The subject alley does not functionally exist, so no abutting properties use it for required off-street parking. •City Code required analysis: The petition will not result in any property being landlocked. Finding: Complies. All abutting properties have public street access. No property would be landlocked because 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 are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses. Finding: Complies. Plan Salt Lake promotes increased connectivity through mid-block connections. However, the alley is not needed for this purpose. The Central Community Master Plan calls for the linear parkway on the west side of 700 East to be improved. The recently opened community garden on the property between the alley and 700 East improved the parkway. Planning staff stated the proposed alley vacation will not have an impact. Page | 6 •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 owners expressed opposition to the proposed alley vacation. •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 proposal would 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. None of the properties abutting the subject alley use it for rear access. PUBLIC PROCESS December 15, 2020-Petition received by Planning Division. January 11, 2021-Petition assigned to Katia Pace, Principal Planner. March 16, 2021-Confirmed alley belongs to Salt Lake City. April 8, 2021-Notice of the alley vacation request and request for comments sent to the Liberty Wells Community Council and East Liberty Park Community Organization Chairs. No comments were provided from either organization prior to the May 23, 2021 45-day recognized organization comment period expiration. June 1, 2021-Verbal approval received from Gospel Grace Church to include its property in the application. June 15, 2021-Early notification announcement sent to residents and owners within 300 feet of the subject alley. The notice included information about the project and how to provide public input. November 3, 2021-Received confirmation UDOT would relinquish its right to half the north/south alley segment. February 10, 2022-Planning Commission public hearing notice mailed. Public notice posted on City and State websites and Planning Division listserv. February 13, 2022-Public hearing notice signs posted on property. February 24, 2022-Planning Commission review and public hearing. One person spoke in opposition to the proposal. The Commission closed the hearing and unanimously voted to forward a positive recommendation to the City Council. March 21, 2022-Draft ordinance sent to the Attorney’s Office. August 1, 2022-Signed ordinance sent to Planning Division from Attorney’s Office (some questions arose about the proposal which created a delay). August 2, 2022-Transmittal received in City Council Office Page | 7 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; 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 Page | 8 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: 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) Page | 9 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.