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Transmittal - 4/27/2023ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: April 27, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Petition PLNPCM2022-00802 2167 S. 800 E. – Alley Vacation Request STAFF CONTACT: Diana Martinez, Principal Planner (801) 535-7215 or diana.martinez@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendations of the Planning Commission to approve the alley vacation request. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Denise Vance, the property owner of 815 E. Wilmington Avenue, is requesting an alley vacation for a 7.3-foot by 156.75-foot portion of the alley that runs west to east within the block north of Wilmington Avenue. The alley is located between 800 East and 900 East. The property abutting this alley is zoned R-1/5,000 (Single-Family Residential District) and is located within Council District 7, represented by Amy Fowler. The application request for a partial alley vacation must meet one of four policy considerations to be considered by the City. This application meets the first policy consideration: Lack of Use. The portion requested to be vacated has been used as a driveway for the dwelling at 2167 S. 800 E. for over two decades. It is not passable for pedestrians or bicyclist, since it has been gated by residents and therefore, it renders that section unusable as a public right-of-way. Lisa Shaffer (Apr 27, 2023 16:39 MDT)04/27/2023 04/27/2023 PUBLIC PROCESS: ●Early Notification – o Notification of the proposal was sent to all property owners and tenants located within 300 feet of the subject parcels on November 22, 2022. o Notification of the proposal was sent to Sugar House Community Council on November 22, 2023. The Community Council supported the petition. ●Planning Commission Meeting – On February 8, 2023, the Planning Commission held a public hearing regarding the proposed zoning map amendment. The Planning Commission voted 10-1 to forward a favorable recommendation to the City Council for decision. PLANNING RECORDS: a) PC Agenda of February 8, 2023 (Click to Access ) b) PC Minutes of February 8, 2023 (Click to Access) c) PC Staff Report of February 8, 2023 (Click to Access ) EXHIBITS: 1.PROJECT CHRONOLOGY 2.NOTICE OF CITY COUNCIL HEARING 3.ORIGINAL PETITION 4.MAILING LIST TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. REVISED PETITION 4. MAILING LIST 5. ORDINANCE 1.PROJECT CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2022-00802 – approximately 2167 S. 800 E. Alley Vacation Request August 31, 2022 Petition for the alley vacation was received by the Salt Lake City Planning Division. September 20, 2022 Petition assigned to Diana Martinez, Principal Planner, for staff analysis and processing. Sept-Nov, 2022 Request application modified. Original applicant was not eligible to make application for the alley vacation request. New application submitted and process continued. November 22, 2022 Information about the proposal was sent to the Chairs of the Sugar House Community Council and the Sugar House Land Use Council. To solicit public comments and start the 45-day Recognized Organization input and comment period. November 22, 2022 Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing information about the proposal and how to give public input on the project. January 6, 2023 The 45-day public comment period for Recognized Organizations ended. Formal comments were submitted to staff by the recognized organizations to date related to this proposal. January 26, 2023 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. February 3, 2023 Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of February 8, 2023. Public hearing notice mailed. February 8, 2023 The Planning Commission held a Public Hearing February 8, 2023. By a majority vote of 10-1 , the Planning Commission forwarded a favorable recommendation to City Council for the proposed alley vacation. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF CITY COUNCIL HEARING The Salt Lake City Council is considering Petition PLNPCM2022-00802 – Denise Vance, the property owner of 815 E. Wilmington Avenue, is requesting an alley vacation for a 7.3-foot by 156.75-foot portion of the alley that runs west to east within the block north of Wilmington Avenue. The alley is located between 800 East and 900 East. The property abutting this alley is zoned R- 1/5,000 (Single-Family Residential District) and is located within Council District 7, represented by Amy Fowler. (Staff contact: Diana Martinez at 801-535-7215 or diana.martinez@slcgov.com) As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TIME: 7:00 pm PLACE: 451 South State Street, Room 326, Salt Lake City, Utah ** This meeting will be held in-person, to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, please visit www.slc.gov/council. Comments may also be provided by calling the 24-Hour comment line at (801) 535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Diana Martinez at 801-535-7215 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail at diana.martinez@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number PLNPCM2022-00802. People with disabilities may make requests for reasonable accommodation, which may include aids and services. Please make requests at least advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711. 3. REVISED PETITION 4. MAILING LIST 5. ORDINANCE SALT LAKE CITY ORDINANCE No. ________ of 2023 (Vacating a portion of city-owned alley situated adjacent to properties located at 801 East, 809 East, 815 East, and 825 East Wilmington Avenue) An ordinance vacating a portion of an unnamed, city-owned alley adjacent to properties located at 801 East, 809 East, 815 East, and 825 East Wilmington Avenue, pursuant to Petition No. PLNPCM2022-00802. WHEREAS, the Salt Lake City Planning Commission held a public hearing on February 8, 2023 to consider a request made by Denise Vance (“Applicants”) (Petition No. PLNPCM2022-00802) to vacate a portion of an unnamed, city-owned alley adjacent to properties located at 801 East, 809 East, 815 East, and 825 East Wilmington Avenue; and WHEREAS, at its February 8, 2023 meeting, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council; and WHEREAS, the portion of alley that is the subject of this petition was dedicated to public use in the Forest Dale Addition Blocks 19 & 20 Subdivision plat, recorded in 1907, and is situated on the northern perimeter of that subdivision; and WHEREAS, the general rule prescribed by Utah Code Section 72-5-105 is that abutting owners on each side of a vacated right-of-way vest with title to half of the width of the vacated right-of-way, however, as explained in Fries v. Martin, 154 P.3d 184 (Utah Ct. App. 2006), when a vacated right-of-way is situated on the perimeter of a subdivision, title to the entire width of that right-of-way vests only in the abutting property owners within the subdivision; and WHEREAS, the City Council finds after holding a public hearing on this matter, that there is good cause for the vacation of the alley and neither the public interest nor any person will be materially injured by the proposed vacation. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating City-Owned Alley. That an unnamed, city-owned alley adjacent to properties located at 801 East, 809 East, 815 East, and 825 East Wilmington Avenue, which is the subject of Petition No. PLNPCM2022-00802, and which is more particularly described on Exhibit “A” attached hereto, hereby is, vacated and declared not presently necessary or available for public use. SECTION 2. Reservations and Disclaimers. The above vacation is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the city’s water and sewer facilities. Said closure is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023 Published: ______________. Ordinance vacating alley adjacent to 2167 S 800 E APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney April 7, 2023 EXHIBIT “A” Legal description of the portion of unnamed, city-owned alley to be vacated: Beginning at the NW corner of Lot 28, Block 20, Forest Dale subdivision and running thence North 7.3 ft. to the north line of an alleyway; thence East 156.75 ft.; thence South 7.3 ft.; thence West 156.75 ft. to the point of the beginning.