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Council Provided Information - 11/10/2022CITY 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:November 10, 2022 RE: Alley Vacation at approximately 925 South 1200 West PLNPCM2021-00806 BRIEFING AND PUBLIC HEARING UPDATE This item was on the October 11, 2022 work session agenda as a written briefing. Council Members did not have any questions. No one spoke at the October 18, 2022 public hearing. The Council closed the hearing and deferred action to a future meeting. The following information was provided for the March 1, briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate a segment of City-owned alley adjacent to the property at 925 South 1200 West in City Council District Two. The petitioner owns the above-mentioned property which is located where 1200 West dead ends at the 9-Line trail. The subject alley segment is approximately 150 feet long and 14-16 feet wide. Alley segments east and west of the subject segment were vacated in 1981. An east-west alley segment between the 9-Line trail and 900 South is not proposed to be vacated. (See image below.) When the 9-Line trail was created, access to the subject alley segment was effectively closed to vehicular traffic as there is no curb cut. With the trail a few feet away, the alley is essentially unused. The petitioner stated they plan to use the alley property as a garden if the alley vacation is approved by the Council. Item Schedule: Briefing: October 11, 2022 Set Date: October 4, 2022 Public Hearing: October 18, 2022 Potential Action: November 10, 2022 Page | 2 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. However, since the subject alley segment is at the subdivision edge, the full width of the alley would be deeded to the petitioner. This is discussed in the Additional Information section below. This petition was reviewed at the October 27, 2021 Planning Commission meeting and a public hearing was held. Two people spoke at the public hearing in support of the proposed alley vacation. The Commission closed the hearing and followed Planning staff’s recommendation by voting 7-1 to forward a positive recommendation to the Council. The Commissioner who voted in opposition to the recommendation stated she is generally not in favor with alley vacations. Aerial image showing subject alley segment in red. Alley segments in blue were previously vacated. Image courtesy of Salt Lake City Planning Division Page | 3 Photo of alley from where 1200 West dead ends at the 9-Line Trail. The trail is to the right, with the petitioner’s property left of the alley. Image courtesy of 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. POLICY QUESTIONS 1. Does the Council have concerns with the proposed alley vacation? 2. The Council may wish to ask why this section of the alley was the only portion not previously vacated in 1981. 3. The Council may wish to ask whether there would be any concerns if fencing or other landscaping elements were installed between this property and the 9-line trail. ADDITIONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 5-7 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 three key considerations connected 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. Consideration 1: Property Owner Consent Salt Lake City Code requires signatures of at least 80% of abutting property owners indicating their support of proposed alley vacations. Property owners abutting the subject alley are the petitioner and Salt Page | 4 Lake City Corporation. (A property owner to the east of the subject alley segment signed the petition supporting the vacation, though their property does not directly abut the alley.) The Administration found it was not necessary for Salt Lake City Corporation to sign the petition as an abutting property owner because the City’s intent will be known based on the City Council's decision to approve or deny the alley vacation. Consideration 2: Policy Considerations Salt Lake City Code requires alley vacations meet at least one of the following policy considerations: A-Lack of Use, B-Public Safety, C-Urban Design, or D-Community Purpose. Lack of use is the primary consideration for the proposed alley vacation. The alley segment is essentially unused as a public right of way as abutting east/west segments of the alley were previously vacated which effectively rendered the alley unusable for beneficial public use. Additionally, vehicle access is not possible as there is no curb cut. Urban design is the other policy consideration related to this petition. It is Planning staff’s opinion the alley will continue to deteriorate and remain unmaintained if there isn’t current or potential future use of the alley segment. Consideration 3: History and Disposition if Vacated The subject alley is recorded on the 1909 Burlington 2nd Addition Subdivision plat. It is believed the alley was used at some point, but adjacent segments were vacated in 1981. According to the City Attorney’s Office, alleys dedicated as part of a subdivision must be conveyed to property owners within that subdivision if they are vacated. As this alley is on the perimeter of the subdivision, the entire alley width would be conveyed to the petitioner if the vacation is approved. It is worth noting a north/south alley segment that intersects the subject alley would remain open if the alley vacation is approved. A resident reportedly uses that segment, which is accessed from 900 South as there is no street access at 1200 West. City Department Review During City department and division review of the alley vacation petition, the Engineering Division expressed opposition, stating “Engineering does not support the closure of a public right of way.” No objections or concerns were received from other responding City departments or divisions. Analysis of Factors Attachment D (pages 13-15 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. Other City departments and divisions had no issues with the proposal or did not provide comments. (Department review comments are found in Attachment F (page 17 of the Planning Commission staff report).) Planning staff stated “After further scrutiny and review, Planning staff has found that all other standards are being met and continue to recommend approval. Page | 5 •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 and Urban Design policy considerations. •City Code required analysis: The petition must not deny sole access or required off-street parking to any adjacent property. Finding: Complies. The north/south alley segment will remain and provide access to the rear yard. •City Code required analysis: The petition will not result in any property being landlocked. Finding: Complies. 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: The Westside Master Plan discusses importance of mid-block connections. However, the alley is not needed for this purpose as the 9-Line Trail provides east/west trail access. •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. Abutting east/west alley segments were previously vacated. The north/south alley segment would remain, but since there is no remaining east/west continuation of the alley, Planning staff believes the subject alley would be considered 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. Properties abutting the subject alley do not use it for rear access. PUBLIC PROCESS August 13, 2021-Petition received by Planning Division. August 17, 2021-Petition assigned to Krissy Gilmore, Senior Planner. August 23, 2021-Notice sent to recognized community organizations. Early notification sent to property owners and residents within 300 feet. October 15, 2021-Public hearing notices emailed to those who requested notice. Agenda posted to Planning Commission website and State public notice webpage. October 27, 2021-Planning Commission public hearing. May 17, 2022-Alley vacation legal description from licensed engineer provided by applicant and reviewed by City Engineering Division. Page | 6 May 25, 2022-Draft ordinance sent to Attorney’s Office. August 3, 2022-Final ordinance received from Attorney’s Office. September 21, 2022-Transmittal received in City Council Office Salt Lake City Code 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; Page | 7 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: 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. Page | 8 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.