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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: Alley Vacation Located North of 827 East Wilmington Avenue PLNPCM2023-000225 PUBLIC HEARING UPDATE Three people, including a representative of the Sugar House Community Council, spoke in support of the alley vacation at the October 17, 2023 combined public hearing for this and the adjacent alley vacation. One person spoke saying she reported illegal fences across the alley to the City but there was no enforcement. Planning staff noted that this resident signed the petition supporting alley vacation and was told she would receive a portion of the alley abutting her property. Council staff reached out to the commenter who confirmed she is supportive of the proposed vacation. The Council closed the hearing and deferred action to a future meeting. The following information was provided for previous Council meetings. It is included again for background purposes. BRIEFING UPDATE During the briefing, asked about encroachments to the alley and potentially restoring it to function as pedestrian, cyclist, and vehicular use. Planning staff stated significant work would be required by the City to make the alley passable again. In addition, fences and other encroachments on the alley would need to be moved by the property owners. Planning staff also stated that all abutting property owners signed the alley vacation petitioner. Item Schedule: Briefing: September 12, 2023 Set Date: September 19, 2023 Public Hearing: October 17, 2023 Potential Action: November 7, 2023 Page | 2 The petitioner addressed the Council and noted the S-Line pedestrian and cycling path is approximately ½ block to the south of the subject alley. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate an approximately 119 foot by 17.3-foot east/west alley segment adjacent to the properties at 825, 827, and 829 East Wilmington Avenue (~2170 South), and 820, 826, and 830 East Elm Avenue (~2150 South) in Council District Seven as shown in the image below. A segment of the alley between 800 East and the western edge of this alley segment is the subject of a separate alley vacation petition being processed at the same time. The remaining section of alley continues to 900 East and is not included in either current alley vacation request. This alley is located approximately ½ block north of the S-Line streetcar and bike and pedestrian greenway. The subject alley segment was blocked by a fence behind the petitioner’s property at 827 East Wilmington Avenue which has been removed. Fences and structures at other abutting properties partially block the alley. This along with grade changes in the alley makes it impassable by vehicles. It is worth noting that some properties closer to 900 East (not part of either current alley vacation request) use that alley segment for garage access. Vehicle access to those properties would not be impacted if the current alley vacation request(s) are approved by the City Council. Section 14.52.040 Salt Lake City Code outlines the method of disposition of alley property if a petition is approved by the City Council. If abutting properties are zoned for low density residential use, as in this case, the alley is merely vacated, divided in half and the owners are not charged. When a vacated alley is on the boundary of two subdivisions, title to the entire alley width goes to abutting property owners within the subdivision from which it was created. A portion of the subject alley was created from the subdivision in which the Wilmington Avenue properties are located. Another portion was dedicated from previous property owners on Elm Avenue to the Town of Forest Dale (which was later absorbed into Salt Lake City). Property owners on Elm Avenue are not in a subdivision. Planning staff asked the City Attorney’s Office how the alley property would be divided, and it was determined the alley would be divided between abutting Wilmington Avenue and Elm Avenue property owners should the City Council adopt the alley vacation ordinance. Page | 3 Image showing the subject alley vacation request highlighted in orange. (The abutting alley vacation request is highlighted in yellow.) Image Courtesy of Salt Lake City Planning Division. During City department and division review of the alley vacation petition, the Engineering Division stated it is generally opposed to vacating public ways. No other responding department or division objected to the proposed alley vacation. The Planning Commission reviewed this petition during its June 28, 2o23 meeting and held a public hearing at which no one spoke. The Commission followed Planning staff’s recommendation and voted 5-2 to forward a positive recommendation to the Council for the proposed alley vacation. Commissioners who were opposed noted contrary to City preference the entire alley isn’t being vacated, encroachments into the alley should not be used as justification for lack of use, and vacating would restrict residents’ future use of the alley. Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. POLICY QUESTIONS 1. Does the Council support the Planning Commission’s recommendation to close this alley? 2. If approved, is the Council supportive of dividing the alley property between abutting residents on Wilmington and Elm Avenues? 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 Page | 4 hearing, including a recommendation from the Planning Commission; and a public hearing before the City Council. Planning staff identified three 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. Condition 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. All six abutting property owners abutting this section of the alley signed the petition. Condition 2: Policy Considerations Planning staff found the requested alley vacation satisfies policy consideration A-Lack of Use as outlined in Section 14.52.020 Salt Lake City Code and discussed in the analysis of standards section below. Condition 3: Master Plan Considerations The Sugar House Master Plan and Plan Salt Lake both support alleyways as contributors to connectivity and the pedestrian orientation in established neighborhoods. However, abutting property owners frequently seek to vacate alleys due to lack of maintenance, access issues, and undesirable activities in the alleys. Planning staff found the requested alley vacation request generally aligns with the Sugar House Master Plan and Plan Salt Lake. They and the Planning Commission are supportive of the request. ANALYSIS OF STANDARDS Attachment C (pages 11-13 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 vacation complies with policy considerations A-Lack of Use. A - Lack of Use. It is Planning’s opinion that “the alley has not been used as a public right of way for a long time, and significant encroachments now make it impassable to vehicles and pedestrians. Establishing the right-of- way under existing conditions would require substantial effort and resources with limited payoff” (Planning Commission staff report, page 11.) Page | 5 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; Does not comply (Engineering generally opposes vacation of public rights-of-way.) The petition meets at least one of the policy considerations stated above; Complies with Consideration A-Lack of Use. 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; 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 Does not comply (Request is to vacate a portion of the alley.) The alley is not necessary for actual or potential rear access to residences or for accessory uses. Complies PUBLIC PROCESS March 27, 2023 - Petition received by Planning Division and assigned to Diana Martinez, Principal Planner. 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. Page | 6 -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. 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 - Planning Commission review and public hearing. The Commission closed the hearing and voted 5-2 to forward a positive recommendation to the City Council. July 7, 2023 - Draft ordinance sent to the Attorney’s Office. July 18, 2023 - Signed ordinance sent to Planning Division from Attorney’s Office. August 8, 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) Page | 7 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; 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 Page | 8 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. 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.