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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 at Approximately 2167 South 800 East PLNPCM2022-00802 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, Council Members clarified that the property owners on Wilmington Avenue would receive the vacated alley property if the proposal is adopted by the Council. Planning staff stated there was no significant opposition to the proposal. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate an approximately 156.75 foot by 7.3-foot east/west alley segment adjacent to the properties at 801, 809, 815, and 825 East Wilmington Avenue (~2170 South) Item Schedule: Briefing: September 12, 2023 Set Date: September 19, 2023 Public Hearing: October 17, 2023 Potential Action: November 7, 2023 Page | 2 in Council District Seven as shown in the image below. The remaining section of alley continues to 900 East and a portion of that alley segment is the subject of a separate alley vacation petition being processed at the same time. The subject alley segment has been used for more than 20 years as a driveway for the home at 2167 South 800 East. A gate at the rear of that property blocks the alley making it impassable. 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. However, case law determined that when a vacated alley is on the perimeter of a subdivision, title to the entire alley width goes to abutting property owners within the subdivision from which it was created. The subject alley was created from the subdivision in which abutting Wilmington Avenue properties are located. The property at 2167 South 800 East is in a different subdivision and would not receive half the alley property if the vacation request is approved by the Council. That owner is supportive of the alley vacation and signed the petition. He could work with abutting Wilmington Avenue property owners to purchase the alley segment. Such a transaction would be private and not involve the City. 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 at its February 8, 2o23 meeting and held a public hearing at which one person spoke in support of the proposed alley vacation. An email from the Sugar House Community Council supporting the vacation was also read. The Commission followed Planning staff’s recommendation and voted 10-1 in support of the proposed alley vacation, with a condition that a utility easement is established in place of the existing public alley right-of- way. The Commissioner who voted against the alley vacation stated she prefers to leave the entire alley open for public use. That would require obstructions such as accessory buildings, and temporary blockages partially or completely blocking the alley to be removed. Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. POLICY QUESTION 1. Does the Council support the Planning Commission’s recommendation to close this alley? Page | 3 Image showing the subject alley vacation request highlighted in yellow. (The abutting alley vacation request is highlighted in orange.) Image courtesy Salt Lake City Planning Division ADDITONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 5-7 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. Planning staff identified four key considerations connected to this alley vacation. A short description of each issue is provided below for reference. Please see pages 5-7 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 four abutting property owners on Wilmington Avenue signed the petition. As noted above, the abutting property owner at 2167 South 800 East, who would not receive any property as part of the potential vacation, also signed the petition in support of vacating the alley. Condition 2: 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. Condition 3: Existing Alley Conditions Page | 4 The subject alley has not been usable for more than 20 years and effectively exists only on paper. As discussed above the alley segment has been used as a driveway for the property at 2167 South 800 East. There is no access for pedestrians or vehicles, and at 7.3 feet wide, is too narrow for vehicles if it were open. A fence at the rear of the 2167 South 800 East property, and a second fence approximately 70 feet beyond the east block access to the alley. Much of the remaining alley to the east is not used, except for three properties close to 900 East that use it for garage access. Condition 4: Future Public Use of the Alley Future beneficial public alley uses are frequently discussed when considering alley vacations. Such potential uses include active transportation, access to garages and/or accessory dwelling units, and utility access. As discussed above, the subject alley has not been functional for more than 20 years. Wilmington and Commonwealth Avenues are located nearby that allow east/west vehicle and pedestrian traffic, as well as the Sugar House S-Line streetcar and bike and pedestrian greenway which is approximately ½ block from the subject alley. 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 15-17 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, and B- Public Safety. A - Lack of Use. In addition to the above-mentioned fences blocking the alley, other fences and an accessory building protrude into the alley. There are also piles of dirt that change the grade height. It is Planning’s opinion that “establishing a public way would require substantial effort and resources with limited payoff. In addition, this portion of the alley narrows to 7.3 feet rather than the typical 13-feet which makes it difficult to for vehicular traffic.” (Planning Commission staff report, page 15.) B - Public Safety. Planning also found the requested alley vacation is consistent with the Public Safety consideration. There have been reported criminal issues and camping along the alley. Planning staff saw evidence of this during a site visit. 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 Considerations A-Lack of Use, and B-Public Safety. 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 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 August 31, 2022 - Petition received by Planning Division. September 20, 2022 - Petition assigned to Diana Martinez, Principal Planner. September-November 2022 - Original applicant was not eligible to make application for the alley vacation request. New application was submitted and process continued. Page | 6 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. - Early notification announcement of the proposal sent to all residents and property owners living within 300 feet of the 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 - Planning Commission review and public hearing. The Commission closed the hearing and voted 10-1 to forward a positive recommendation to the City Council. March 21, 2023 - Draft ordinance sent to the Attorney’s Office. April 7, 2023 - Signed ordinance sent to Planning Division from Attorney’s Office. April 27, 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 Page | 7 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; 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; Page | 8 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. 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.