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Council Provided Information - 11/7/2023CITY 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 7, 2023 RE: 1518 South 300 West Alley Vacation PLNPCM2023-000408 BRIEFING UPDATE During the October 17, 2023 briefing, Council Members discussed the proposed walkway through a future development on the site. Adding vehicular access to the walkway was mentioned to help alleviate difficulties driving in this area due to 400 West being closed, and a nearby abandoned rail line. A Council Member stated their preference for keeping the walkway as proposed for pedestrians and bicycles only and remarked that not allowing vehicles to access the walkway would make the area quieter for residents. The petitioner felt strongly that pedestrian access better meets the City’s midblock walkway goals than adding vehicular access to the walkway. Council Members also discussed street activation. A desire was expressed for the majority of the 300 West façade’s ground floor to be retail and restaurant space with no parking access on that street. Apartment and parking access, lobbies, and amenities would be provided on Andrew and Van Buren Avenues. After the briefing, the petitioner followed up with staff indicating that including additional width to allow vehicular access would make it unfeasible to develop the project. Their preference is to keep the proposal as is with an approximately 20-foot-wide walkway through the development. A second option would provide vehicle access for the public through the western building’s parking garage between Andrew and Van Buren Avenues from 7 am to 8 pm seven days a week. This would result in the loss of some amenity space and parking. The proposal would maintain this access until a potential future development connects Andrew and Van Buren Avenues via a road. The image below shows the proposed vehicle access through the parking garage. Item Schedule: Briefing: October 17, 2023 Set Date: October 17, 2023 Public Hearing: November 7, 2023 Potential Action: November 14, 2023 Page | 2 The following information was provided for the October 17, 2023 Council briefing and public hearing. It is included again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate two City-owned alleys near the above address, west of 300 West and between Andrew and Van Buren Avenues in Council District Five as shown in the image below provided by the Planning Division. One alley (referred to from this point as “Alley A”) runs north/south between Andrew and Van Buren Avenues. It is approximately 16.5 feet wide and 149 feet long. The other alley (referred to from this point as “Alley B”) runs east/west between 300 West and the east property line of 352 West Van Buren Avenue. It is approximately 16.5 feet wide and 300 feet long. The petitioner owns all seven parcels that abut the subject alleys. Alley B previously continued to 400 West before that street and a portion of the alley were vacated in 1974. Another segment of the alley was closed in 1997, resulting in the current alley configuration. Alley A is paved and appears to be used as parking for a towing yard and auto body shop at 325 West Andrew Avenue. It is fenced off and obstructs access to the western portion of Alley B. Alley B is gravel and passable to the point where it intersects with Alley A. West of the alley intersection, Alley B Page | 3 is fenced off, restricting public access. The portion of Alley B west of the fence has deteriorated pavement, making it no longer passable. The petitioner proposes demolition of buildings abutting the subject alleys and incorporating the alley property into a multi-family development. That potential development is not part of the alley vacation petition before the Council and will not come to the Council as there is not a request to rezone the property. Applications for design review and planned development have been submitted to the Planning Division and will be reviewed by the Planning Commission in the future. Image showing abutting parcels owned by the petitioner’s client outlined in yellow. Area zoning is CG (General Commercial). Image courtesy of Salt Lake City Planning Division The Planning Commission reviewed this petition during its August 23, 2o23 meeting and held a public hearing at which the petitioner was the only person who spoke. The Commission followed Planning staff’s recommendation and voted 7-0 to forward a positive recommendation to the Council for the proposed alley vacations, with the following conditions: •The property owner enters into a development agreement with the City that requires 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. •No portion of the alleys shall purport to be conveyed until at least 60 days after a final decision by the City Council. During City department and division review of the alley vacation petition, no responding department or division objected to the proposed alley vacation. Public Utilities noted that there is a water meter on 300 West near Alley B, and it must remain in the public right-of-way. Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. POLICY QUESTION Page | 4 1. Does the Council support the Planning Commission’s recommended conditions relating to the mid- block walkway for the alley closures? ADDITONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 6-7 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. Quiet Title Claim The alleys proposed to be vacated were the subject of a 2022 quiet title lawsuit to confirm ownership of the alley property. A judgement granted title to the alley property to the applicant, but the City was not named or served as part of the lawsuit, so the judgement is not binding on the City. The judgement was recorded by Salt Lake County and the alley property was mistakenly identified by the County as belonging to the applicant. To clarify that the alley property is still owned by Salt Lake City, a notice of public alleys (found in Attachment D (pages 27-30 of the Planning Commission staff report)) was required of the applicant. It is being held in escrow by the City Attorney’s Office pending the City Council’s decision on the proposed alley vacation request. Key Considerations Planning staff identified five key considerations connected to this alley vacation. A short description of each issue is provided below for reference. Please see pages 5-6 of the Planning Commission staff report for full analysis of these issues. Consideration 1: Property Owner Consent Section 14.52.030.A.1 Salt Lake City Code requires a minimum of 75% of abutting property owners sign a petition to vacate a City owned alley. As noted above, all seven abutting parcels are owned by the petitioner’s client. Consideration 2: Policy Considerations Planning staff found the fenced off portion of Alley B satisfies policy consideration C-Urban Design as outlined in Section 14.52.020 Salt Lake City Code. Alley A and the eastern portion of Alley B could satisfy policy consideration B-Public Safety, based on comments received from the Police Department and Sustainability, though the petitioner did not raise this as a concern. Consideration 3: Master Plan Considerations Planning staff noted that the Central Community Master Plan does not address alley vacations within the People’s Freeway area where the alleys are located. However, the master plan and Plan Salt Lake both recommend midblock walkways for pedestrian connections. It is Planning staff’s opinion that a midblock private right-of-way connecting Andrew and Van Buren Avenues could break up the block. They also suggested that Alley A property could be vacated in exchange for this midblock connection. Consideration 4: Nature of the Alley As discussed above, Planning staff found that Alley A is fenced off and used as parking for an adjacent business, so not accessible to the public. Alley B is mostly gravel, and partially accessible to the public. Page | 5 Beyond the fence, it is used for outdoor storage and parking. The surface is deteriorated and likely not passable. That section is not currently publicly accessible. Consideration 5: Future Public Use of the Alley Alley vacation proposals generally include considering potential beneficial future uses of the alley for trails, ADU or garage access, and to retain access for utilities and services. If the gate blocking Alley A was removed and vehicles and other items stored there were cleared out, this alley could provide access from Andrew Avenue to the interior of the block, but it does not extend through to Van Buren Avenue. An option to consider is a development agreement requiring replacing the alley with a private right-of-way that provides a mid-block connection between Andrew and Van Buren Avenues. This would break up the large block and provide access beyond what the alley could. Planning staff determined preserving Alley B would not implement good urban design. ANALYSIS OF STANDARDS Attachment E (pages 35-39 of the Planning Commission staff report) is an analysis of factors City Code requires the Planning Commission to consider for alley vacations (Sections 14.52.020/.030.B Salt Lake City Code). In addition to the information above, other factors are summarized below. 14.52.020 - 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 on-site 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 or 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. 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. Planning staff found the requested Alley A vacation complies with policy considerations C-Urban Design, with a condition that a mid-block connection between Andrew and Van Buren Avenues is constructed. Planning found the requested Alley B vacation also complies with policy consideration C-Urban Design. 14.52.030.B - A positive recommendation from the Planning Commission to the City Council should include an analysis of the following factors: Factor Planning Staff Finding The City Police Department, Fire Department, Transportation Division, and all other relevant City Departments and Divisions have no objection to the proposed disposition of the property; Complies The petition meets at least one of the policy considerations stated above; Alley A: Complies, with conditions discussed above. Alley B: Complies Page | 6 The petition must not deny sole access or required off-street parking to any adjacent property; Complies The petition will not result in any property being landlocked; Complies 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 which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses; Alley A: Complies, with conditions discussed above. Alley B: Complies 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; Complies The petition furthers the City’s preference for disposing of an entire alley, rather than a small segment of it; and Complies The alley is not necessary for actual or potential rear access to residences or for accessory uses. Complies PUBLIC PROCESS May 26, 2023 - Petition received by Planning Division. May 31, 2023 – Petition assigned to Michael McNamee, Principal Planner. June 9, 2023 - Planning 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. No formal comments have been 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. Page | 7 August 23, 2023 - Planning Commission review and public hearing. The Commission voted 7-0 to forward a positive recommendation to the City Council for the proposed alley vacations, with conditions. August 24, 2023 - Ordinance requested from the Attorney’s Office. September 14, 2023 - Signed ordinance sent to Planning Division from Attorney’s Office. October 9, 2023 - Transmittal received in City Council Office 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 | 8 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 | 9 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. UP 1 A.300 3 A.300 2 A.300 STAIRELEV STAIR ELEV LO A D I N G STAIR STAIR STAIR RESTAURANT ANDREW AVE VAN BUREN AVE 3 0 0 W STAIR 779 SF R -1 BED 1,046 SF R -2 BED 36 ' - 1 0 " 32 ' - 1 0 " 38 ' - 1 1 " 21 ' - 1 " 36 ' - 0 " 32 ' - 2 " 1 6 ' - 7 " RETAIL RETAIL ENTRY GYM 1,053 SF R -2 BED 846 SF R -1 BED 846 SF R -1 BED 846 SF R -1 BED 846 SF R -1 BED 973 SF R -2 BED 712 SF R -1 BED 800 SF R -1 BED 800 SF R -1 BED 800 SF R -1 BED 810 SF R -1 BED 779 SF R -1 BED 779 SF R -1 BED 779 SF R -1 BED 779 SF R -1 BED 780 SF R -1 BED 571 SF R -0 BED 449 SF R -0 BED AMENITIES ENTRY LOBBY TRASH 648 SF R -1 BED 632 SF R -1 BED 632 SF R -1 BED 632 SF R -1 BED 636 SF R -1 BED ENTRY LOBBY BIKE STORAGE STAIR ELEVELEV ELEV 286' - 8" 27 ' - 6 " 33 ' - 1 1 " 14 ' - 7 " 48 ' - 0 " 55 ' - 5 " 33 ' - 8 " FRONT YARD SETBACK 2' - 0" FR O N T Y A R D S E T B A C K 3' - 0 " FR O N T Y A R D S E T B A C K 2' - 4 " 26' - 0"26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"26' - 8"15' - 10"28' - 6"19' - 0"39' - 0" 21 3 ' - 0 " 37' - 11"28' - 5"26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"24' - 8"25' - 4"38' - 8" 162' - 5"20' - 10" 21 4 ' - 4 " 15' - 8"43' - 5"80' - 0"23' - 4" 41' - 9"73' - 3"23' - 4"24' - 1"REAR YARD SETBACK 5' - 0" OFFICE BIKE STORAGE SHEET NAME: DI'VELEPT DESIGN LLC C 2020 4 5 4 N 6 0 0 W, SLC, UT 84116 e: h o w d y @ d i v e l e p t . c o m p: 8 0 1 - 6 8 0 - 4 4 8 5 w: w w w . d i v e l e p t . c o m PROJECT ADDRESS: OWNER: SHEET SCALE: PUBLISH DATE: PHASE: A.O.R.: ARCH PROJECT #: PROFESSIONAL SEAL: REVISIONS: SHEET NUMBER: 04 0 3 2 0 1 0 5 04 0 3 2 0 1 0 4321 54321 CITY PERMIT #: 10 / 1 3 / 2 0 2 3 8 : 0 1 : 5 1 A M 1" = 20'-0" A.010 SITE PLAN 1 5 4 6 S 3 0 0 W DD MONTH YYYY JDH DG CONSTRUCTION 1546 S 300 W SALT LAKE CITY, UT 84115 SCHEMATIC DESIGN 22-12 BLD20XX-XXXXX 0'10'20'40'1" = 20' 1" = 20'-0"1 SITE PLAN. No. Date Description UP ZONING ANALYSIS ZONING JURISDICTION: SALT LAKE CITY ZONE:CG -GENERAL COMMERCIAL DISTRICT SETBACKS: FRONT YARD 5'-0" CORNER SIDEYARD 10'-0" INTERIOR SIDE YARD NONE REAR YARD 10'-0" REQ'D PROPOSED MAX BUILDING HEIGHT 60'-0"86'-0" (90' W/ DESIGN REVIEW) STAIRELEV 287' - 0" LO A D I N G 2 8 ' - 6 " 33 ' - 1 1 " 1 4 ' - 7 " 4 8 ' - 0 " 55 ' - 5 " 34 ' - 0 " 1,777 SF RESTAURANT ANDREW AVE VAN BUREN AVE 3 0 0 W FRONT YARD SETBACK 2' - 0" FR O N T Y A R D S E T B A C K 2' - 0 " FR O N T Y A R D S E T B A C K 2 ' - 0 " STAIRL O A D I N G 41 9 S F BI K E S T O R A G E T.C. 26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"26' - 8"15' - 10"28' - 6"19' - 0"39' - 0" 779 SF R -1 BED 779 SF R -1 BED 846 SF R -1 BED 846 SF R -1 BED 846 SF R -1 BED 846 SF R -1 BED RAMP UP TO LEVEL 2 1,046 SF R -2 BED 1,053 SF R -2 BED R A M P U P 629 SF ENTRY LOBBY 2 1 4 ' - 4 " 37' - 11"28' - 5"26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"24' - 8"25' - 4"39' - 0" 162' - 5"20' - 6" 2 1 4 ' - 4 " 15' - 8"43' - 5"27' - 1"28' - 2"24' - 9"23' - 4" 41' - 9"44' - 9"27' - 10"24' - 0"24' - 1" ELEV STAIR STAIR 586 SF AMENITIES 648 SF R -1 BED 632 SF R -1 BED 632 SF R -1 BED 632 SF R -1 BED 636 SF R -1 BED 712 SF R -1 BED 779 SF R -1 BED 779 SF R -1 BED 779 SF R -1 BED 780 SF R -1 BED571 SF R -0 BED 672 SF TRASH 459 SF TRASH 1,186 SF GYM 941 SF R -RETAIL 1,824 SF R -RETAIL REAR YARD SETBACK 5' - 0" 800 SF R -1 BED 800 SF R -1 BED 810 SF R -1 BED BUILDING A BUILDING B 800 SF R -1 BED 449 SF R -0 BED 973 SF R -2 BED 2,658 SF ENTRY ELEV ELEV ELEV STAIR 484 SF BIKE STORAGE 492 SF ENTRY LOBBY STAIR 539 SF OFFICE 835 SF AMENITIES p: 801-680-4485 www.divelept.com 10/30/2023 1:06:29 PM D G C O N S T R U C T I O N | 1 5 4 6 S 3 0 0 W | S I T E W E N 0'10'20'40'1" = 20' 1" = 20'-0"1 LEVEL 1 PLAN - Unit Mix BUILDING AREA -... LEVEL NAME AREA BLDG A BUILDING TYPE IA LEVEL 1 - GND FL AMENITIES 10,038 SF LEVEL 1 - GND FL APARTMENTS 20,565 SF LEVEL 1 - GND FL PARKING 28,236 SF LEVEL 2 AMENITIES 6,211 SF LEVEL 2 APARTMENTS 19,976 SF LEVEL 2 PARKING 32,065 SF LEVEL 3 APARTMENTS 23,227 SF LEVEL 3 PARKING 35,617 SF 175,936 SF BUILDING TYPE IIIA LEVEL 4 APARTMENTS 40,404 SF LEVEL 5 APARTMENTS 40,447 SF LEVEL 6 APARTMENTS 40,447 SF LEVEL 7 APARTMENTS 40,447 SF LEVEL 8 APARTMENTS 40,447 SF 202,192 SF EXTERIOR LEVEL 4 ROOF GARDEN 17,969 SF 17,969 SF BLDG B BUILDING TYPE IA LEVEL 1 - GND FL AMENITIES 2,382 SF LEVEL 1 - GND FL APARTMENTS 4,083 SF LEVEL 1 - GND FL PARKING 26,274 SF LEVEL 2 APARTMENTS 8,298 SF LEVEL 2 PARKING 24,892 SF LEVEL 3 APARTMENTS 8,791 SF LEVEL 3 PARKING 24,964 SF 99,685 SF BUILDING TYPE IIIA LEVEL 4 APARTMENTS 26,454 SF LEVEL 5 APARTMENTS 26,454 SF LEVEL 6 APARTMENTS 26,454 SF LEVEL 7 APARTMENTS 26,454 SF LEVEL 8 APARTMENTS 26,454 SF 132,272 SF EXTERIOR LEVEL 4 ROOF GARDEN 6,412 SF PARKING PROVIDED TYPE COUNT BLDG A 9'-0" x18'-0" ADA 8 9'-0" x18'-0" ELECTRIC VEHICLE 10 9'-0" x 18'-0" 241 BLDG A: 259 BLDG B 9'-0" x18'-0" ADA 6 9'-0" x18'-0" ELECTRIC VEHICLE 8 9'-0" x 18'-0" 148 BLDG B: 162 Grand total: 421 PARKING REQUIRED UNIT TYPE UNIT COUNT PRKG REQD PER UNIT TOTAL PARKING REQD BLDG A R - 0 BED 10 1 10 R - 1 BED 229 1 229 R - 2 BED 32 1.25 40 R - RESTAURANT 2 3 6 R - RETAIL 2 3 6 BLDG A: 275 275 291 BLDG B R - 0 BED 6 1 6 R - 1 BED 134 1 134 R - 2 BED 20 <varies> 24.75 BLDG B: 160 160 164.75 Grand total 435 455.75 PROPERTY Name Area Acres TOTAL SITE 103,449 SF 2.37 LOADING SPACES... TYPE COUNT BLDG A 10'-0" x35'-0" LOADING 2 BLDG B 10'-0" x35'-0" LOADING 1 3 per 21A.44.050.B when there are two shared uses parking can be reduced by dividing by 1.2 Total parking required 450.75/1.2 = 376 (375.6) spots required ERIN 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.