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Transmittal - 10/9/2023ERIN 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: _________________ ________________________ Rachel Otto, Chief of Staff Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: October 6, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Petition PLNPCM2023-00408 1518 S 300 W Alley Vacation Request STAFF CONTACT: Michael McNamee, Principal Planner (801)535-7226 or michael.mcnamee@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council follows the recommendation of the Planning Commission to approve the Alley Vacation request, with conditions. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Jarod Hall, representing the property owner, is requesting approval for the vacation of two alleys located south and west of the above-stated address. One is approximately 16.5 feet by 148.6 feet, starting at a point 133.5 ft west of 300 West on Andrew Avenue and running north to south. The other is approximately 16.5 feet by 298.7 feet, starting at a point 56.1 ft north of Van Buren Avenue on 300 West and running east to west. The petitioner owns all the property surrounding the two alleys, and the purpose of the alley vacation request is to redevelop the surrounding property which would include the right-of-way within the proposed development. The proposed vacation will not impose access concerns because all of the subject properties that abut the alleys also have frontage on a public street. Only one property, a tow yard and auto body shop at 325 W Andrew Avenue, currently utilizes the north-south alley to access surface parking. The north-south alley and a portion of the east- rachel otto (Oct 9, 2023 11:20 MDT)10/09/2023 10/09/2023 west alley have been fenced off by neighboring property owners. The portion of the east-west alley that has been fenced off is being used for outdoor storage and parking. 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 determined that the standards are met by vacating this portion of the alleyway, which would not create detrimental impacts on abutting properties, with the condition that the north-south alley is replaced by a midblock connection that fully links Andrew and Van Buren Avenues. This condition ensures the proposed vacation complies with the Urban Design policy consideration. 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 June 9, 2023. o Notification of the proposal was sent to the Ballpark Community Council on June 14, 2023. No formal comments have submitted by the Community Council to date. ● Planning Commission Meeting – On August 23, 2023, the Planning Commission held a public hearing regarding the proposed alley vacation. The Planning Commission voted 7-0 to forward a favorable recommendation to the City Council for decision, with conditions. PLANNING RECORDS: a) PC Agenda of August 23, 2023 (Click to access) b) PC Minutes of August 23, 2023 (Click to access) c) PC Staff Report of August 23, 2023 (Click to access) EXHIBITS: 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORIGINAL PETITION 4. MAILING LIST 5. ORDINANCE 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: PLNPCM2023-00408 – 1518 S 300 W Alley Vacation Request May 26, 2023 Petition for the alley vacation application received by the Salt Lake City Planning Division. May 31, 2023 Petition assigned to Michael McNamee, Principal Planner, for staff analysis and processing. June 9, 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. June 14, 2023 Information about the proposal was sent to the Chair of the Ballpark Community Council to solicit public comments and start the 45-day Recognized Organization input and comment period. July 31, 2023 The 45-day public comment period for Recognized Organizations ended. N o f ormal comments were submitted to staff by the recognized organizations to date related to this proposal. August 9, 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. August 13, 2023 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. August 23, 2023 The Planning Commission held a Public Hearing on August 23, 2023. By a vote of 7-0, the Planning Commission forwarded a favorable recommendation to City Council for the proposed alley vacation, with conditions. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF CITY COUNCIL HEARING The Salt Lake City Council is considering Petition PLNPCM2023-00408 – Jarod Hall, representing the property owner, is requesting approval for the vacation of two alleys located south and west of the above-stated address. One is approximately 16.5 feet by 148.6 feet, starting at a point 133.5 ft west of 300 West on Andrew Avenue and running north to south. The other is approximately 16.5 feet by 298.7 feet, starting at a point 56.1 ft north of Van Buren Avenue on 300 West and running east to west. 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 Michael McNamee, Principal Planner at 801-535-7226 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail at michael.mcnamee@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number PLNPCM2023-00408. 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 5. ORDINANCE SALT LAKE CITY ORDINANCE No. ________ of 2023 (Vacating city-owned alleys situated adjacent to properties located at 1518, 1528, 1540, and 1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue) An ordinance vacating two unnamed, city-owned alleys adjacent to properties located at 1518, 1528, 1540, and 1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue, pursuant to Petition No. PLNPCM2023-00408. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on August 23, 2023 to consider a request made by Jarod Hall (“Applicant”) to vacate two unnamed, city-owned alleys adjacent to properties located at 1518, 1528, 1540, and 1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue (collectively, the “Property”); and WHEREAS, at its August 23, 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 City Council finds after holding a public hearing on this matter, that there is good cause for the vacation of the alleys 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 Alleys. That two unnamed, city-owned alleys adjacent to the Property, which are the subject of Petition No. PLNPCM2023-00408, and which are more particularly described on Exhibit “A” attached hereto, hereby are, 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. Conditions. The alley vacation set forth herein is conditioned upon (1) no portion of the alleys shall purport to be conveyed until at least 60 days after a final decision by the City Council on Petition No. PLNPCM2023-00408; (2) the owner of the Property shall enter into a development agreement with Salt Lake City that requires the creation of a public access midblock walkway between Andrew and Van Buren Avenues where the midblock walkway is between buildings on both the east and west sides that are in common ownership. SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The Salt Lake City Recorder is instructed to not publish this ordinance until the conditions set forth in Section 3 are satisfied as certified by the Salt Lake City Planning Director or his designee. SECTION 5. Time. If the conditions set forth in Section 3 have not been met within one year after adoption of this ordinance, then this ordinance shall become null and void. The city council may, for good cause shown, extend the time period for satisfying the above conditions by resolution. 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 1515-1550 S 300 W APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney September 14, 2023 EXHIBIT “A” Legal description of two unnamed, city-owned alleys to be vacated: BEGINNING AT THE NORTHWEST CORNER OF LOT 37, STEWART’S ADDITION, ON FILE WITH THE OFFICE OF THE SALT LAKE COUNTY RECORDER IN BOOK C, PAGE 51 OF PLATS, AND RUNNING THENCE SOUTH 00°01’00” WEST 148.57 FEET TO THE SOUTHWEST CORNER OF LOT 39 OF SAID SUBDIVISION; THENCE SOUTH 89°53’26” EAST 148.59 FEET TO THE SOUTHEAST CORNER OF SAID LOT 39; THENCE SOUTH 00°01’02” WEST ALONG THE WEST RIGHT-OF-WAY LINE OF 300 WEST STREET A DISTANCE OF 16.50 FEET TO THE NORTHEAST CORNER OF LOT 1 OF SAID SUBDIVISION; THENCE NORTH 89°53’26” WEST ALONG THE NORTH LINE OF SAID LOT 31 A DISTANCE OF 313.68 FEET; THENCE NORTH 00°00’54” EAST 16.50 FEET TO THE SOUTH LINE OF LOT 34 OF SAID SUBDIVISION; THENCE SOUTH 89°53’26” EAST 148.59 FEET TO THE SOUTHEAST CORNER OF LOT 36 OF SAID SUBDIVISION; THENCE NORTH 00°01’00” EAST 148.57 FEET TO THE NORTHEAST CORNER OF SAID LOT 36; THENCE SOUTH 89°53’29” EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF ANDREW AVENUE A DISTANCE OF 16.50 FEET TO THE POINT OF BEGINNING. CONTAINS 7627 SQUARE FEET, MORE OR LESS.