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Transmittal - 8/8/2023ERIN 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: August 7, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Petition PLNPCM2023-00225 Approximate location -north of 827 S. Wilmington Ave. - Alley Vacation Request STAFF CONTACT: Diana Martinez, Senior Planner (801) 535-7215 or diana.martinez@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council follows the recommendation of the Planning Commission to approve the Alley Vacation request. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Russell Bollow is requesting approval for an alley vacation, located north of 827 E. Wilmington Ave, to vacate (or to give up public ownership of) a portion of a public alley approximately 17.3 feet by 119 feet, starting at a point 156.75 ft from 800 East. If approved, this section of the alley would be divided and given to the property owners abutting the area of the alley vacated. This requested portion of the alley being asked for vacation is an extension of a portion requested to be vacated in a prior application -PLNPCM2022-00802 (shown in yellow in the aerial below). The previous application came before the Planning Commission on February 8th, 2023, and a favorable recommendation to be sent to the City Council was voted on 10-1. This new portion, being requested to be vacated, has been blocked with a fence at the backside of the applicant’s property, is not used as a public right-of-way, and is impassable to travel. Lisa Shaffer (Aug 8, 2023 16:35 MDT)08/08/2023 08/08/2023 The remaining portion, not included in this vacation request, is used as a public right-of-way, and there are a few properties that use it as an access point to their properties and garages from the alleyway. Therefore, these properties would not be impacted by this proposed alley vacation. As shown in the previous application PLNPCM2022-00802, the west end of the alleyway has been used as a driveway for the dwelling at 2167 S. 800 E. for multi-decades. Therefore, the alley has only been used partially between 800 East to 900 East. This new portion of the alley has also been blocked off by added fencing and soil, which has increased the grade of the alleyway. Alley Vacation requests must fulfill one of four policy considerations in section 14.52.020 of the City Code: Lack of Use, Public Safety, Urban Design, or Community Purpose. Requests are also reviewed against the factors found in 14.52.030.B. Staff’s analysis of the policy considerations, shows that the standards are met by vacating this portion of the alleyway, which would not create detrimental impacts on abutting properties. 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 April 3, 2023. o Notification of the proposal was sent to the Sugar House Community Council on April 3, 2023. A letter in support of the alley vacation was received from the Community Council on April 21, 2023. ● Planning Commission Meeting – On June 28, 2023, the Planning Commission held a public hearing regarding the proposed zoning map amendment. The Planning Commission voted 5-2 to forward a favorable recommendation to the City Council for decision. PLANNING RECORDS: a) PC Agenda of June 28, 2023 (Click to access) b) PC Minutes of June 28, 2023 (Click to access c) PC Staff Report of June 28, 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. ORIGINAL PETITION 4. MAILING LIST 5. ORDINANCE 1. PROJECT CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2023-00225 – Located north of 827 E. Wilmington Ave. Alley Vacation Request March 27, 2023 Petition for the alley vacation application received by the Salt Lake City Planning Division. March 27, 2023 Petition assigned to Diana Martinez, Principal Planner, for staff analysis and processing. April 3, 2023 Information about the proposal was sent to the Chair of the Sugar House Community Council to solicit public comments and start the 45-day Recognized Organization input and comment period. April 3, 2023 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. May 15, 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. June 15, 2023 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. June 23, 2023 Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of June 28, 2023. Public hearing notice mailed. June 28, 2023 The Planning Commission held a Public Hearing on June 28, 2023. By a vote of 5-2, 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 PLNPCM2023-00225 – Russell Bollow is requesting approval for an alley vacation, located north of 827 E. Wilmington Ave, to vacate (or to give up public ownership of) a portion of a public alley approximately 17.3 feet by 119 feet, starting at a point 156.75 ft from 800 East. If approved, this section of the alley would be divided and given to the property owners abutting the area of the alley vacated. 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, Senior Planner 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 PLNPCM2023-00225. 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. ORIGINAL PETITION 4. MAILING LIST OWN_FULL_NAME OWN_ADDR OWN_CITY OWN_STATE OWN_ZIP AURELIO RUELAS 1015 E ELM AVE SALT LAKE CITY UT 84106 WASATCHRENTALPROPERTIES, LLC 110 MATTERHORN DR PARK CITY UT 84098 A SERIES OF 2172 S 11289 S WYNGATE LN SANDY UT 84092 DANIEL A STEPHENS; MEGAN M STEPHENS (JT) 1156 E BLAINE AVE SALT LAKE CITY UT 84105 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 TRUST NOT IDENTIFIED 2160 S 800 E 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 2172 S 800 E Salt Lake City UT 84106 Current Occupant 2178 S 800 E Salt Lake City UT 84106 NELSON VALLE 2182 S 800 E SALT LAKE CITY UT 84106 Current Occupant 2186 S 800 E Salt Lake City UT 84106 GUY W PACE; EMILY C PACE (TC) 2195 S 800 E SALT LAKE CITY UT 84106 Current Occupant 2198 S 800 E Salt Lake City UT 84106 MATTHEW DALE; ADAM HALL (JT) 2201 S 800 E SALT LAKE CITY UT 84106 BRIAN D HANNI & CELIA A HANNI FAMILY TRUST 04/26/2004 2204 S 800 E SALT LAKE CITY UT 84106 ANDREA RADU 2205 S 800 E SALT LAKE CITY UT 84106 Current Occupant 2208 S 900 E Salt Lake City UT 84106 M/S SHOWROOM, LLC 2209 E LORITA WY COTTONWOOD HTS UT 84093 Current Occupant 2210 S 900 E Salt Lake City UT 84106 Current Occupant 2223 S 900 E Salt Lake City UT 84106 SUSAN M THORN; RUSSELL P BOLLOW (JT) 2734 E CANTON LN SANDY UT 84092 TRIBE OF DON LLC 345 E 3300 S SOUTH SALT LAKE UT 84115 MARK R MORRIS 35 E 100 S # 602 SALT LAKE CITY UT 84111 GINA P YOUNG; MARK S YOUNG (JT) 3693 E ASTRO WY SALT LAKE CITY UT 84109 SPENCER C ELLIS 4465 S CAMILLE ST HOLLADAY UT 84124 RHAMA RENTALS LLC 60 PELHAM RD ROCHESTER NY 14610 Current Occupant 801 E SIMPSON AVE Salt Lake City UT 84106 YVONNE BANNER 801 E WILMINGTON AVE SALT LAKE CITY UT 84106 Current Occupant 805 E SIMPSON AVE Salt Lake City UT 84106 NAOMI S NESSEN; 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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 KAIA ANNE RAGNHILDSTVEIT; OYVIND RAGNHILDSTVEIT; TIFFANY RAGNHILD 850 E ELM AVE SALT LAKE CITY UT 84106 MATT A FORNELIUS 850 E WILMINGTON AVE SALT LAKE CITY UT 84106 Current Occupant 851 E ELM AVE Salt Lake City UT 84106 CAMDEN TAYLOR 853 E WILMINGTON AVE SALT LAKE CITY UT 84106 BARBARA L MCCAULEY 854 E ELM AVE SALT LAKE CITY UT 84106 CAROL E METZ TRUST 09/20/2021 856 E WILMINGTON AVE SALT LAKE CITY UT 84106 DANA JONES; DAVID JONES (JT) 857 E ELM AVE SALT LAKE CITY UT 84106 Current Occupant 858 E ELM AVE Salt Lake City UT 84106 Current Occupant 859 E ELM AVE Salt Lake City UT 84106 STEVEN A JONES; JENNIFER JONES (JT) 861 E WILMINGTON AVE SALT LAKE CITY UT 84106 Current Occupant 865 E WILMINGTON AVE Salt Lake City UT 84106 Current Occupant 866 E ELM AVE Salt Lake City UT 84106 3AS SUGARHOUSE LIMITED LIABILITY COMPANY 867 N AMERICAN BEAUTY DR SALT LAKE CITY UT 84116 BRUNO BEINTEMA LIVING TRUST 04/27/2021 920 IMPERIAL BEACH BLVD IMPERIAL BEACH CA 91932 DAVID G KEVITCH; STACEY FEARNLEY (JT) 979 E CRANDALL AVE SALT LAKE CITY UT 84106 SALT LAKE COUNTY PO BOX 144575 SALT LAKE CITY UT 84114 SALT LAKE CITY PO BOX 145460 SALT LAKE CITY UT 84114 JANEECE FIELDS REVOCABLE LIVING TRUST 08/16/2021 PO BOX 45 SONOMA CA 95476 DEBRA GRIMES PO BOX 521354 SALT LAKE CITY UT 84152 IXCHEL, LLC PO BOX 522050 SALT LAKE CITY UT 84152 GRODBROS REAL ESTATE LIMITED PARTNERSHIP LLLP PO BOX 680365 PARK CITY UT 84068 Diana Martinez, Principal Planner SLC 451 S. State St., PO BOX 145480 SALT LAKE CITY UT 84114- 5480 5. ORDINANCE SALT LAKE CITY ORDINANCE No. ________ of 2023 (Vacating a portion of city-owned alley situated adjacent to properties located at 825 East, 827 East, and 829 East Wilmington Avenue, and 820 East, 826 East, and 830 East Elm Avenue) An ordinance vacating a portion of an unnamed, city-owned alley adjacent to properties located at 825 East, 827 East, and 829 East Wilmington Avenue and 820 East, 826 East, and 830 East Elm Avenue, pursuant to Petition No. PLNPCM2023-00225. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on June 28, 2023 to consider a request made by Russell Bollow (“Applicant”) (Petition No. PLNPCM2023-00225) to vacate a portion of an unnamed, city-owned alley adjacent to properties located at 825 East, 827 East, and 829 East Wilmington Avenue, and 820 East, 826 East, and 830 East Elm Avenue; and WHEREAS, at its June 28, 2023 meeting, the Planning Commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council (“City Council”); and WHEREAS, the subject portion of alley consists of a 7.3-foot width that 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 (constituting the southern width of the subject alley), and a 7.5-foot private dedication of land to public use from Isaac and Katherine Brockbank (1911) by quitclaim deed (Book 7C Page 327) to the Town of Forest Dale (later absorbed into Salt Lake City), which partitioned the 7.5-foot width from the southern boundary of the Brockbanks’ property (constituting the northern width of the subject alley); 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, therefore, upon vacation the southern 7.3 feet of the alley’s width shall revert to the abutting owners in the Forest Dale Addition Blocks 19 & 20 subdivision; and WHEREAS, it appears the intent of the Brockbanks’ deed was to add width to the subject alley in order to serve their property, and, therefore, upon vacation the northern 7.5 feet of the alley’s width shall revert to the Brockbanks’ successors-in-interest; 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 825 East, 827 East, and 829 East Wilmington Avenue, and 820 East, 826 East, and 830 East Elm Avenue, which is the subject of Petition No. PLNPCM2023-00225, 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 827 E. Wilmington Ave APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney July 18, 2023 EXHIBIT “A” Legal description of the portion of unnamed, city-owned alley to be vacated: Beginning at the NE corner of Lot 18, Block 20, Forest Dale Subdivision and running thence North 14.8 ft. to the north line of an alleyway; thence West 119.25 ft. along said north line to the Northwest Corner of a 7.5 ft alley deeded to Forest Dale City in Book 7C, Page 327, in the Salt Lake County Recorder’s Office; thence South 14.8 ft. to the south line of said alleyway; thence East 119.25 ft. along said south line to the point of the beginning.