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HomeMy WebLinkAboutTransmittal - 4/27/2023ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL Li (Apr ZT, 202316:39 MDT) Lisa Shaffer, Chief Administrative Officer Date Received: 04/27/2023 Date sent to Council: 04/27/2023 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(c-r�,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. 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 Area highlighted in Yellow=portion of alley requested to be vacated Area highlighted in Red= portion of alley not to be vacated -usable public right-of-way 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.martinezkslcgov.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.2ov/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(klcgov.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(cr�,slcgov.com, 801-535-7600, or relay service 711. 3. REVISED PETITION -= Alley Vacation or Closure sW, =�._ % OFFICE USE ONLY Received By: Date Received: Project #: Project Name: PLEASE PROVIDE THE FOLLOWING INFORMATION Location of the Alley: 'motel S$coo Name of Applicant: Phone: Address of Applicant: f C VG E-mail of Applicant: 1.1 1 Cell/Fax: Applicant's Interest ih Subject Property: ❑ Owner ❑ Contractor ❑ Architect [Other: Name of Property Owner abutting the alley (if different from applicant): E-mail of Property Owner: Phone: Please note that additional information may be required by the project planner to ensure adequate information is provided for staff analysis. All information required for staff analysis will be copied and made public, including professional architectural or engineering drawings, for the purposes of public review by any interested party. AVAILABLE CONSULTATION Planners are available for consultation prior to submitting this application. Please email zoning(@slcgov.com if you have any questions regarding the requirements of this application. WHERETO FILE THE COMPLETE APPLICATION Apply online through the Citizen Access Portal. There is a step-by-step guide to learn how to submit online. REQUIRED FEE Filing fee of $285 Plus additional fee for required public notices will be assessed after application is submitted. SIGNATURE 4 if applicable, a notarized statement of consent authorizing applicant to act as an agent will be required. 5igna Owner or Agent: Date: UPDATED 6I26122 ACKNOWLEDGEMENT Of RESPONSIBILITY This is to certify that) am making an application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application will be processed under the name provided below. By signing the application, I am acknowledging that I have read and understood the instructions provided by Salt Lake City for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I understand that the documents provided are considered public records and may be made available to the public. I understand that my application will not be processed until the application is deemed complete by the assigned planner from the Planning Division. I acknowledge that a complete application includes all of the required submittal requirements and provided documents comply with all applicable requirements for the specific applications. I understand that the Planning Division will provide, in writing, a list of deficiencies that must be satisfied for this application to be complete and it is the responsibility of the applicant to provide the missing or corrected information. I will keep myself informed of the deadlines for submission of material and the progress of this application. I understand that a staff report will be made available for my review prior to any public hearings or public meetings. This report will be on file and available at the Planning Division and posted on the Division website when it has been finalized. APPLICANT SIGNATURE Name of Applicant: Application Type: Mailing Address: ,i i l Nt :YL f I Email: Phone: V ZAa' I. c Q rr} ign Date: Oz- z z AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. FEE TITLE OWNER SIGNATURE Legal Description of Subject Property: Name of Owner: MaMng Address I Street Address: Signature: I Date: I ne tollowing shall be provided if the name of the applicant is different than the name of the property owner: 1. If you are not the fee owner attach a copy of your authorization to pursue this action provided by the fee owner. 2. If a corporation is fee titleholder, attach copy of the resolution of the Board of Directors authorizing the action. 3. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership 4. If a Home Owner's Association is the applicant than the representative/president must attach a notarized letter stating they have notified the owners of the proposed application. A vote should be taken prior to the submittal and a statement of the outcome provided to the City along with the statement that the vote meets the requirements set forth in the CC&Rs. Be advised that knowingly making a false, written statement to a government entity is a crime under Utah Code Chapter 76-8, Part 5. Salt Lake City will refer for prosecution any knowingly false representations made pertaining to the applicant's interest in the property that is the subject of this application. Updated 9/14/22 PETITIOfi TO VACATE l3R CLOSE AN A!LEY Name otApplicant: e- � f � Address of Applicant: 2 i' (.:V-1 S . (later As an owner of property adjacent to the alley, I agree to the proposed vacation or dosure.l understand that if my property m is a comercial business or a rental ro fair marketvalue for my half of the alley, p Pew with more than three (3) dwelling units, l will he required to pay Print Name Address Signature Date ,� g�, print Name Q N1 r J &� Address -1A tore I r t Date all �{l� Prim Name d+ Adress rant Nome r' Prkl! Name Address Slnnohrr< Print Na e F A ress `r' S gnature Date l IL n� ��I n1Cr^td Print Name J f� Address Sf�nirture Date 'Ad; PdArAbme Address�- ure �ai8 Pdrt Name AddrEss 5lQnoture bQte r'rinr Nome Address S1Qnature ❑nte fiNn! Name Address srcnetu„e bate Undateo S/W202; 4. MAILING LIST OWN_FULL_NAME OWN_ADDR RW&_ylpl, OWN CITY OWN STATE OWN ZIP AURELIO RUELAS 1015 E ELM AVE SALT LAKE CITY UT 84106 WASATCH RENTALPROPERTIES, LLC 110 MATTERHORN DR PARK CITY UT 84098 A SERIES OF 21725 112895 WYNGATE LN SANDY UT 84092 SUGARHOUSE VILLAGE, LLC 1165 E WILMINGTON AVE 4275 SALT LAKE CITY UT 84106 TRIBE OF DON LLC 1268 E 10 S LINDON UT 84042 SKH REAL ESTATE INVESTMENTS LLC 1280 FOXCREST CT PARK CITY UT 84098 DALE F BONDARUK 1455 W WASATCH AVE SALT LAKE CITY UT 84104 ELM AVENUE HOME LLC 1680 NAVAJO DR OGDEN UT 84402 Current Occupant 2141 S 800 E Salt Lake City UT 84106 Current Occupant 2147 S 800 E Salt Lake City UT 84106 ELIZABETH M HUELSKAMP 2151 S 800 E SALT LAKE CITY UT 84106 MELISSA L SOUTHWICK 2152 S 800 E SALT LAKE CITY UT 84106 CARL P BREST VAN KEMPEN 2159 S LAKE ST SALT LAKE CITY UT 84106 TRUST NOT IDENTIFIED 2160 S 800 E SALT LAKE CITY UT 84106 Current Occupant 2163 S LAKE ST Salt Lake City UT 84106 Current Occupant 2165 S 800 E Salt Lake City UT 84106 Current Occupant 2166 S 800 E Salt Lake City UT 84106 TARTARO REVOCABLE LIVNG TRUST 06/17/2015 2167 S 800 E SALT LAKE CITY UT 84106 Current Occupant 2171 S LAKE ST Salt Lake City UT 84106 Current Occupant 2172 S 800 E Salt Lake City UT 94106 Current Occupant 2177 S LAKE ST Salt Lake City UT 84106 Current Occupant 2179 S 800 E Salt Lake City UT 84106 Current Occupant 2181 S LAKE ST Salt Lake City UT 84106 NELSON VALLE 2182 S 800 E SALT LAKE CITY UT 84106 CHAD WHEELWRIGHT 2185 S LAKE ST SALT LAKE CITY UT 84106 Current Occupant 2186 S 800 E Salt Lake City UT 84106 RICK 1 VRIEZE; 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SUPRIYAAPTE (JT) 828 E WILMINGTON AVE SALT LAKE CITY UT 84106 Current Occupant 829 E ELM AVE Salt Lake City UT 84106 COREY BULLOUGH 829 E WILMINGTON AVE SALT LAKE CITY UT 84106 Current Occupant 830 E ELM AVE Salt Lake City UT 84106 DAVID E PETERSEN, ROSALIE B PETERSEN (JT) 830 WILMINGTON AVE #3 SALT LAKE CITY UT 84010 TEDDYANDERSON 832 E WILMINGTON AVE SALT LAKE CITY UT 84106 ALEXA LANGFORD 833 E ELM AVE SALT LAKE CITY UT 84106 EMILY HAGN 835 E WILMINGTON AVE SALT LAKE CITY UT 84106 ROBERT V HARRELL 836 E ELM AVE SALT LAKE CITY UT 84106 SHAUN FUHRIMAN 837 E ELM AVE SALT LAKE CITY UT 84106 DEBRA S GRIMES 840 E ELM AVE SALT LAKE CITY UT 84106 KAYCEE NIPPER, LANDY NIPPER, PAUL NIPPER (JT) 841 E ELM AVE SALT LAKE CITY UT 84106 VERN HARRINGTON; KELLI HARRINGTON (TC) 841 E WILMINGTON AVE SALT LAKE CITY UT 84106 LA BREDIN LEGACY TRUST 9/15/2017 844 E ELM AVE SALT LAKE CITY UT 84106 Current Occupant 844 E WILMINGTON AVE Salt Lake City UT 84106 EDDIE L BRIDGES 845 E WILMINGTON AVE SALT LAKE CITY UT 84106 DREW B DILLMAN; JUDITH B DILLMAN (TC) 845 NORMANDY DR IOWA CITY IA 52246 Current Occupant 847 E ELM AVE Salt Lake City UT 84106 Current Occupant 850 E 2100 S Salt Lake City UT 84106 KAIA ANNE RAGNHILDSTVEIT, OYVIND RAGNHILDSTVEIT, TIFFANY RAGNHILD 950 E ELM AVE SALT LAKE CITY UT 84106 MATTAFORNELIUS 850 E WILMINGTON AVE SALT LAKE CITY UT 84106 Current Occupant 951 E ELM AVE Salt Lake City UT 84106 CAMDEN TAYLOR 953 E WILMINGTON AVE SALT LAKE CITY UT 84106 BARBARA L MCCAULEY 854 E ELM AVE SALT LAKE CITY UT 84106 UM LIV TRUST 09/20/2021 956 E WILMINGTON AVE SALT LAKE CITY UT 84106 867 N AMERICAN BEAUTY 3AS SUGARHOUSE LIMITED LIABILITY COMPANY DR SALT LAKE CITY UT 84116 BRUNO BEI NTEMA LIVING TRUST 04/27/2021 920 IMPERIAL BEACH BLVD IMPERIAL BEACH CA 91932 SALT LAKE COUNTY PO BOX 144575 SALT LAKE CITY UT 84114 JANEECE FIELDS REVOCABLE LIVING TRUST08/16/2021 PO BOX 45 SONOMA CA 95476 OQ MEASURES, LLC PO BOX 521047 SALT LAKE CITY UT 84152 DEBRA GRIMES PO BOX 521354 SALT LAKE CITY UT 84152 IXCHEL, LLC PO BOX 522050 SALT LAKE CITY UT 84152 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 harp. April 7, 2023_ _ By: City Attorney 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.