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HomeMy WebLinkAboutTransmittal - 8/1/2024SALT LAKE CITY TRANSMITTAL To:  Salt Lake City Council Chair Salt Lake City Redevelopment Agency Chair Start Date: 07/22/2024 Date Sent to Council: 08/01/2024 From: Employee Name: Barlow, Aaron E-mail aaron.barlow@slcgov.com Department Community and Neighborhood Department Director Signature Chief Administrator Officer's Signature* Director Signed Date 07/25/2024 Chief Administrator Officer's Signed Date 08/01/2024 Subject: Brooklyn Avenue Street Vacation, Alley Vacation, and Subdivision Amendment Additional Staff Contact: Krissy Gilmore, Planning Manager Presenters/Staff Table Aaron Barlow, Krissy Gilmore, Jonah Hornsby, Jody Jones Document Type* Ordinance Budget Impact* Yes No Budget Impact: Recommendation:* That the City Council follows the recommendation of the Planning Commission to approve the subdivision amendment to vacate Brooklyn Avenue and the adjacent unnamed alley, provided the following conditions are met:•Before a Final Plat is recorded, the applicant will record a 15-foot-wide perpetual easement along the property lines abutting the storm sewer lines along the edge of the West Temple Viaduct right of way as directed by the Department of Public Utilities (as illustrated in the Exhibits included with Staff’s Report to the Planning Commission).•After Brooklyn Avenue is officially vacated, City staff will record additional necessary sections of the easement within the vacated right of way prior to the official transfer of ownership to the applicant (as illustrated in the Exhibits included with Staff’s Report to the Planning Commission).•The applicant will enter into an agreement with the City (through whatever method the City Council deems appropriate) that, upon any development of the Brooklyn Avenue right of way, they will install curb and gutter, streetlights, and sidewalks along the property frontages of 500 West and Fayette Avenue according to Street Typology 8 (found in the Street and Intersection Typologies Design Guide).•The applicant will enter into an agreement with the City (through whatever method the City Council deems appropriate) that, upon any development of the area within the Brooklyn Avenue right of way, they will install a turnaround that meets the fire code requirements at the time of development. •On the Final Plat, the lot line dividing Lot 1 and Lot 2 shall be adjusted so that Lot 2 (1007 South 500 West) meets the minimum lot width requirement of 60 feet within the CG General Commercial Zoning District. Background/Discussion (?) In early 2022, Jonah Hornsby, representing Jodah One, LLC, the property owner of 1007 South 500 West, submitted a request to vacate a section of BrooklynAvenue between 500 West and the Utah Department of Transportation’s (UDOT’s) West Temple Viaduct right of way (see illustration below). The applicationcited a lack of maintenance, homeless encampments, and waste dumping as reasons for the request. The applicant has also indicated that, in the long term,they plan to develop the two adjacent properties, and vacating Brooklyn Avenue would improve the site’s suitability for such. Please see the location map in the attached PDF for the approximate location of Brooklyn Avenue and the adjacent alley. Upon initial review of the Street Vacation Application, Planning staff determined that the alley bisecting the applicant’s property (1007 South 500 West) wouldalso need to be vacated to avoid isolating the public right of way. Additionally, vacating a public street within a platted subdivision requires City Council g p g y y g p p q yapproval to amend the subdivision plat. Brooklyn Avenue is located within both the Brooklyn and Dolan Subdivisions, so both must be amended. Brooklyn Avenue The roughly 26,515-square-foot (0.61 acre) section of Brooklyn Avenue in question is approximately 198 feet long at the road center line and just under 85feet in width. Historical aerial photographs show that the right of way remained unimproved and unpaved since at least 1964, when I-15 was underconstruction. Brooklyn Avenue and the adjacent properties are located at the southernmost end of the Granary District (as established by the DowntownMaster Plan). This part of the Granary District was separated from the Ballpark Neighborhood to the south and the Glendale Neighborhood to the west whenI-15 and the West Temple Viaduct were initially constructed. Both 500 West and Brooklyn Avenue terminate near the applicants’ properties. To the west,Fayette Avenue crosses under I-15, where 500 West continues south toward 1300 South. To the east, 400 West crosses under the Viaduct into the BallparkNeighborhood near the Marq Townhomes. Adjacent Alley The adjacent alley that cuts through the applicant’s property (1007 South 500 West) appears to have existed only on paper since at least 1937 based on staff analysis of historic aerial photography (included in Staff's Report to the Planning Commission). Totaling approximately 1,450 square feet in area, the alley is roughly 109.5 feet long and 13.25 feet wide. The alley is only abutted by the applicant’s property and terminates at the West Temple Viaduct right of way, which limits public access to only highway traffic. Upon inspection of the site, Planning staff also found that the alley is blocked by a chain-link fence surrounding the applicant’s property and the alley, materially blocking it from public access. Conditions from Other City Departments and Divisions The applicant worked with multiple City departments and divisions to discuss how to mitigate potential issues and negative impacts that would result from vacating Brooklyn Avenue. Public Utilities, Engineering, Fire, and Transportation representatives brought up specific concerns with the request. The recommended conditions are the result of extensive negotiation between the applicant and City staff. Public Utilities In response to the proposal to vacate Brooklyn Avenue, representatives from the Department of Public Utilities initially expressed opposition to the request. They noted that the street was necessary for access to their storm sewer facilities that run along the edge of the West Temple Viaduct right of way. In response, the applicant offered to provide an easement along the edge of the property. The applicant and the representatives from Public Utilities agreed on a 15-foot-wide easement on the applicants’ properties along the edge of the West Temple Viaduct right of way. They recommend the conditions listed at the beginning of this transmittal related to that new easement. Engineering Like many parts of the Granary District, both 500 West and Brooklyn Avenue lack basic street infrastructure. Surface materials are in disrepair, stormwater has nowhere to go, and pedestrian facilities are non-existent. While not explicitly opposed to the request, City staff from the Engineering Division noted that, in many cases, basic street improvements (or an agreement to install such) are required prior to approval of a subdivision. However, further review by Planning and Engineering staff determined that subdivision plats that do not create new lots are not held to this requirement. After meeting with the Planning staff and the applicant, Engineering determined that a condition to install curb and gutter, streetlights, and sidewalks along the property frontages of 500 West and Fayette Avenue according to Street Typology 8 (found in the Street and Intersection Typologies Design Guide) would satisfy their concerns. Fire and Transportation City staff from both Transportation and Fire pointed out that vacating Brooklyn Avenue would leave 500 West without a place for fire trucks and other large trucks to turn around. State Fire Code requires that any dead-end roads longer than 150 feet and necessary for fire truck access must have a turnaround that complies with a design specified by the code. After meeting with City staff, the applicant agreed to a condition that would require the installation of a turnaround that meets fire code requirements at the time of development. Planning Commission Hearing and Recommendation On December 13, 2023, the Planning Commission reviewed the proposal and held a public hearing. The hearing can be viewed here beginning at 21:00. One individual commented on the request, expressing concern over the ability for large trucks to turn around without the aid of Brooklyn Avenue. The Planning Commission voted unanimously to forward a recommendation to approve the request.  Planning Commission (PC) Records a) PC Agenda of December 13,2023 (Click to Access) b) PC Minutes of December 13,2023 (Click to Access) c) Planning Commission Staff Report of December 13, 2023 (Click to Access Report)  Exhibits: 1. Project Chronology2. Notice of City Council Public Hearing3. Mailing List4. Original Petitions Will the City Council need to hold a public hearing for this item?* Yes No Public Process For a complete project timeline, please refer to Exhibit 1 in the attached PDF. Initially, the applicant requested to vacate only the south half of Brooklyn Avenue. Planning staff provided the following public input opportunities related to the proposed project:•April 13, 2022 – Notice to solicit comments was sent to the chairs of the Ballpark and Glendale Community Councils, starting the 45-day required early engagement period for the recognized community organizations.•April 13, 2022 – Notice of the proposal was sent to all property owners and occupants within 300 feet of Brooklyn Avenue and the adjacent alley.•April 2022 – The proposal was posted to the Online Open House webpage. Later in 2022, the owner of 1005 South 500 West (the property to the north of Brooklyn Avenue) asked to be included in the request, and the Street Vacation petition was modified to include all of Brooklyn Avenue. Upon receipt of the update, Planning staff provided the following public input opportunities:•August 23, 2022 – A notice with the updated information was sent to the chairs of the Ballpark and Glendale Community Councils, restarting the 45-day required early engagement period for the recognized community organizations.•August 23, 2022 – An updated notice of the proposal was sent to all property owners and occupants within 300 feet of Brooklyn Avenue and the adjacent alley.•August 2022 – The post on the Online Open House webpage was updated. Notice of the public hearing for the proposal included:•November 30, 2023 o Public hearing notice mailed. o Public notice posted on City and State websites and Planning Division listserv.•December 1, 2023 – Public hearing notice sign posted on the property.•December 3, 2023 – Legal notice published in the Sunday Print Edition of the Salt Lake Tribune.•December 13, 2023 – Public hearing held by Planning Commission Chief Administrator Officer's Comments 1 SALT LAKE CITY ORDINANCE No. ________ of 2024 (Authorizing the amendment of the Brooklyn and Dolan subdivisions in order to vacate a portion of Brooklyn Avenue and an adjacent city-owned alley) An ordinance authorizing the amendment of the Brooklyn and Dolan subdivisions to vacate the portion of Brooklyn Avenue located within and adjacent to those subdivisions and to vacate an unnamed city-owned alley located within the Brooklyn subdivision, pursuant to Petition Nos. PLNSUB 2023-00493, PLNPCM2022-00068, and PLNPCM2022-00349. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on December 13, 2023, to consider a request made by Jonah Hornsby and Jody Jones, of Jodah One, LLC, (“Applicants”) (Petition Nos. PLNSUB 2023-00493, PLNPCM2022- 00068, and PLNPCM2022-00349) to amend the Brooklyn and Dolan Subdivisions in order to vacate a portion of Brooklyn Avenue Street between 500 West and the West Temple Viaduct right of way and to vacate an adjacent unnamed alley, as set forth in that certain Brooklyn Subdivision Amended, attached hereto as Exhibit “A”; and WHEREAS, at its December 13, 2023, hearing, the Planning Commission voted in favor of forwarding a positive recommendation on said petitions to the Salt Lake City Council (“City Council”); and WHEREAS, the City Council finds after holding a public hearing on this matter, that good cause exists for the vacation of the public rights-of-way identified in the proposed Brooklyn Subdivision Amended and neither the public interest nor any person will be materially injured by the vacations; and NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 2 SECTION 1. Authorizing the Subdivision Amendment. Subject to obtaining all of the additional approvals required by Utah Code 10-9a-604, the City Council hereby authorizes the amendment of the Dolan and Brooklyn subdivision plats concerning the proposed vacation of a portion of Brooklyn Avenue and the adjacent unnamed alley, all as set forth in the proposed Brooklyn Subdivision Amended, attached hereto as Exhibit “A”, which is the subject of Petition No. PLNSUB2023-00493. SECTION 2. Vacating a Section of Brooklyn Avenue. Upon recording the final plat of Brooklyn Subdivision Amended the portion of Brooklyn Avenue located between 500 West and the West Temple Viaduct Right of Way, which is the subject of Petition No. PLNPCM2022- 00068, is hereby vacated. SECTION 3. Vacating a City-Owned Alley. Upon recording the final plat of Brooklyn Subdivision Amended that certain unnamed, city-owned alley, located within the Brooklyn Subdivision running between Brooklyn Avenue and the West Temple Viaduct Right of Way, which is the subject of Petition No. PLNPCM2022-00349, is hereby vacated. SECTION 4. Reservations and Disclaimers. Vacating the rights-of-way as approved herein shall not be construed to impair the right-of-way or easement of any parcel or lot owner, the rights of any public utility, or the rights of any culinary water authority or sanitary sewer authority. SECTION 5. Conditions. The final plat of the Brooklyn Subdivision Amended shall be submitted to the Salt Lake City Planning Division within 18 months and recorded with the Salt Lake County Recorder within 24 months of the date of adoption by the City Council. SECTION 6. Effective Date. This Ordinance shall become effective on the date of its first publication. The Salt Lake City Recorder is instructed to not publish this Ordinance until the 3 conditions set forth in Section 5 pertaining to delivering and recording the final plat of Brooklyn Subdivision Amended is satisfied as certified by the Salt Lake City Planning Director or his designee. The City Council may, for good cause shown, extend the time period set forth in this section by resolution. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2024. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2024. Published: ______________. Ordinance Vacating Brooklyn Ave & Alley_v1 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Katherine D. Pasker, Senior City Attorney May 4, 2024 LOT 1 91,545 SQ FT2.102 ACRES LOT 233,767 SQ FT0.775 ACRES N 89°56'40" E 332.17' S 0 0 ° 0 1 ' 0 1 " E 2 3 3 . 3 0 ' S 38°49'11" W 63.51' S 34°19'47" W 48.47' S 30 ° 4 0 ' 0 7 " W 1 2 7 . 7 3 ' N 4 3 ° 1 7 ' 2 6 " W 1 3 1 . 0 3 ' N 0 0 ° 0 1 ' 0 1 " W 3 3 7 . 0 8 ' 23 3 . 3 0 ' 14. 3 4 ' 6.06' N 89°56'40" E 296.15' 10 . 0 ' P . U . E . 10.0' P.U.E. 33 . 0 0 ' N 89°56'40" E 35.00' 57.44 ' BROOKLYN AVENUE RIGHT OF WAYVACATED BY THIS PLAT. 4.72' 40. 0 0 ' 44 . 7 2 ' S 89°56'40" W 110.00' 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 020 20 40 20 10 NORTH 7240531BRIAN A.LINAM SURVEYOR'S CERTIFICATE I, BRIAN A. LINAM DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR, AND THAT I HOLDLICENSE NO. 7240531, IN ACCORDANCE WITH TITLE 58, CHAPTER 22, OF THE PROFESSIONAL ENGINEERSAND LAND SURVEYORS ACT; I FURTHER CERTIFY THAT BY AUTHORITY OF THE OWNERS I HAVECOMPLETED A SURVEY OF THE PROPERTY DESCRIBED ON THIS SUBDIVISION PLAT AND FILED SURVEY ASS 2022-05-0266 IN THE OFFICE OF THE SALT LAKE COUNTY SURVEYOR. IN ACCORDANCE WITH SECTION17-23-17, HAVE VERIFIED ALL MEASUREMENTS, AND HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS,TOGETHER WITH EASEMENTS, HEREAFTER TO BE KNOWN AS: AND THAT THE SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND AS SHOWN ONTHIS PLAT. SHEET 1 OF 1 BENCHMARK ENGINEERING &LAND SURVEYING NUMBER ACCOUNT SHEET OF SHEETS BROOKLYN SUBDIVISION AMENDED BROOKLYN SUBDIVISION AMENDED BOUNDARY DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 1WEST, SALT LAKE BASE AND MERIDIAN. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED ASFOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 30, BLOCK I, BROOKLYN SUBDIVISION, RECORDED ASENTRY NO. 13456 IN BOOK C AT PAGE 2 IN THE OFFICE OF THE SALT LAKE COUNTY RECORDER, SAIDPOINT BEING SOUTH 00°01'01” EAST 33.00 FEET AND NORTH 89°56'40” EAST 35.00 FEET FROM THE STREETMONUMENT LOCATED AT THE INTERSECTION OF 500 WEST STREET AND FAYETTE AVENUE, AND RUNNINGTHENCE NORTH 89°56'40” EAST 332.17 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF FAYETTEAVENUE; THENCE SOUTH 00°01'01” EAST 233.30 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINEOF THE INTERSTATE - 15 OFF RAMP; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FIVE (5)COURSES: 1) SOUTH 38°49'11” WEST 63.51 FEET; 2) SOUTH 34°19'47” WEST 48.47 FEET; 3) SOUTH 30°40'07”WEST 127.73 FEET; 4) SOUTH 89°56'40” WEST 110.00 FEET; 5) NORTH 43°17'26” WEST 131.03 FEET TO APOINT ON THE EASTERLY RIGHT OF WAY LINE OF 500 WEST STREET; THENCE NORTH 00°01'01” WEST337.08 FEET TO THE POINT OF BEGINNING. CONTAINS: 125,312 SQ. FT. OR 2.877 DATE CITY ENGINEER DATE CITY SURVEYOR I HEREBY CERTIFY THAT I HAVE HAD THIS PLAT EXAMINED BY THIS OFFICE AND IT IS CORRECT IN ACCORDANCE WITH INFORMATION ON FILE. CITY ENGINEERING DIVISION DATE FEE $________ PLANNING DIRECTOR APPROVED THIS ________________DAY OF ________A.D., 20_____, BY THE SALT LAKE CITY PLANNING COMMISSION. CITY PLANNING DIRECTOR SALT LAKE CITY PUBLIC UTILITIES DIRECTOR CITY PUBLIC UTILITIES DEPT. DETAILS THIS _____ DAY OF___________, A.D., 20__ APPROVED AS TO SEWER AND WATER SALT LAKE CITY ATTORNEY CITY ATTORNEY APPROVED AS TO FORM THIS_____ DAY OF___________, A.D., 20__ CITY APPROVAL THIS SUBDIVISION WAS APPROVED AND ACCEPTED SALT LAKE CITY MAYOR _______DAY OF______, A.D.,20__ AT WHICH TIME PRESENTED TO SALT LAKE CITY THIS RECORDED #__________ STATE OF UTAH, COUNTY OF SALT LAKE, RECORDED AND DATE______________TIME_________BOOK____PAGE____ DEPUTY SALT LAKE COUNTY RECORDER_____________________________ FILED AT THE REQUEST OF________________________ SALT LAKE COUNTY RECORDER NUMBER ACCOUNT SHEET OF SHEETSSALT LAKE COUNTY HEALTH DEPARTMENT APPROVED THIS____________________DAYOF_______________________A.D., 20___ LEGEND BOUNDARY LINE ADJACENT PROPERTY STREET MONUMENT LINE (EXISTING) LOT LINE ORIGINAL LOT LINES EX. BRASS CAP MONUMENT (RING & LID) STREET MONUMENT (NOT FOUND) BOUNDARY CORNER (SET 58 REBAR AND CAP OR AS NOTED ON PLAT) "STAMPED BENCHMARK ENG." LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12,TOWNSHIP 1 SOUTH, RANGE 1 WEST,SALT LAKE BASE AND MERIDIAN. VICINITY MAP STATEMENT OF ACCURACY, MINIMUM LINEAR CLOSURE OF 1:15,000. AMENDING LOTS 30-38 DOLANS SUBDIVISION,LOTS 14-38 OF BROOKLYN SUBDIVISION, AND VACATING BROOKLYN AVENUE SALT LAKE COUNTYHEALTH DEPARTMENT BENCHMARKENGINEERING &LAND SURVEYING 2111349.dwg AMENDING LOTS 30-38 DOLANS SUBDIVISION, LOTS 14-38 OF BROOKLYN SUBDIVISION, AND VACATING BROOKLYN AVENUE BROOKLYN SUBDIVISION AMENDEDAMENDING LOTS 30-38 DOLANS SUBDIVISION,LOTS 14-38 OF BROOKLYN SUBDIVISION, AND VACATING BROOKLYN AVENUELOCATED IN THE NORTHEAST QUARTER OF SECTION 8,TOWNSHIP 1 SOUTH, RANGE 1 EAST,SALT LAKE BASE AND MERIDIAN TAX ID #S:15-12-327-00115-12-326-00115-12-326-00215-12-326-00315-12-326-00415-12-326-005 SALT LAKE CITY RECORDER NTS SITE I-1 5 900 SOUTH50 0 W E S T 40 0 W E S T 300 W E S T 200 W E S T 70 0 W E S T UN I O N P A C I F I C RA I L R O A D I-1 5 I-1 5 FAYETTE AVEP.O.B.NW CORNER OF LOT 30, BLOCK I,BROOKLYN SUBDIVISION UTAH D E P A R T M E N T O F TRANSP O R T A T I O N UTAH DE P A R T M E N T O F TRANSP O R T A T I O N UTAH D E P A R T M E N T O F TRANSP O R T A T I O N BA S I S O F B E A R I N G S NO R T H 0 0 ° 0 1 ' 0 1 " W E S T 6 7 7 . 3 7 ' STREET MONUMENT500 W. ST. & FAYETTE AVE.(FOUND BRASS CAP) FAYETTE AVENUE(PUBLIC ROAD) SLC RE A L E S T A T E I N V E S T M E N T S , L L C PARCE L # 1 5 - 1 2 - 3 2 6 - 0 0 7 STREET MONUMENT(500 W. ST.)(NOT FOUND)15' STORM DRAIN EASEMENTENTRY NO. __________BOOK/PAGE: ______/______ 15' STORM DRAIN EASEMENTENTRY NO. __________BOOK/PAGE: ______/______ UTILITY EASEMENTSEE NOTE 2. KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED ARE THE OWNER(S) OF THE ABOVEDESCRIBED TRACT OF LAND, AND HEREBY CAUSE THE SAME TO BE DIVIDED INTO LOTS, PARCELS ANDSTREETS, TOGETHER WITH EASEMENTS AS SET FORTH TO BE HEREAFTER KNOWN AS AND DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL ROADS AND OTHER AREAS SHOWN ONTHIS PLAT AS INTENDED FOR PUBLIC USE. THE UNDERSIGNED OWNER(S) HEREBY CONVEYS TO ANY AND ALLPUBLIC UTILITY COMPANIES A PERPETUAL, NON EXCLUSIVE EASEMENT OVER THE PUBLIC UTILITY EASEMENTSSHOWN ON THIS PLAT, THE SAME TO BE USED FOR THE INSTALLATION, MAINTENANCE AND OPERATION OFUTILITY LINES AND FACILITIES. THE UNDERSIGNED OWNER(S) ALSO HEREBY CONVEY ANY OTHER EASEMENTAS SHOWN AND/OR NOTED ON THIS PLAT TO THE PARTIES INDICATED AND FOR THE PURPOSES SHOWNAND/OR NOTED HEREON.THIS ______DAY OF_______________, A.D. 20_____. OWNER'S DEDICATION BROOKLYN SUBDIVISION AMENDED SIGNATURE SIGNATURE KESSIMAKIS PROPERTIES, L.L.C. SLC REAL ESTATE INVESTMENTS, LLC SIGNATURE JODAH ONE, LLC, LLC ACKNOWLEDGMENT ON THE ______ DAY OF ____________ A.D., 2023, PERSONALLY APPEARED BEFORE ME_________________________, WHOSE IDENTITY IS PERSONALLY KNOWN TO ME (OR PROVEN ON THEBASIS OF SATISFACTORY EVIDENCE) AND WHO, BY ME DULY SWORN/AFFIRMED, DID SAY THAT HE/SHE ISA ______________________ OF KESSIMAKIS PROPERTIES, L.L.C., A UTAH LIMITED LIABILITY COMPANY, ANDTHAT THE OWNER'S DEDICATION WAS SIGNED BY HIM/HER ON BEHALF OF SAID LLC, AND SAID____________________________, ACKNOWLEDGED TO ME THAT SAID LLC EXECUTED THE SAME. STATE OF UTAHCounty of Salt Lake S.S. MY COMMISSION EXPIRES: __________________ NOTARY PUBLIC RESIDING IN______________ COUNTYPRINT NAME (DATE)COMMISSION NUMBER:_________________ LLC ACKNOWLEDGMENT ON THE ______ DAY OF ____________ A.D., 2023, PERSONALLY APPEARED BEFORE ME_________________________, WHOSE IDENTITY IS PERSONALLY KNOWN TO ME (OR PROVEN ON THEBASIS OF SATISFACTORY EVIDENCE) AND WHO, BY ME DULY SWORN/AFFIRMED, DID SAY THAT HE/SHE ISA ______________________ OF SLC REAL ESTATE INVESTMENTS, LLC, A DELEWARE LIMITED LIABILITYCOMPANY, AND THAT THE OWNER'S DEDICATION WAS SIGNED BY HIM/HER ON BEHALF OF SAID LLC,AND SAID ____________________________, ACKNOWLEDGED TO ME THAT SAID LLC EXECUTED THE SAME. STATE OF UTAHCounty of Salt Lake S.S. MY COMMISSION EXPIRES: __________________ NOTARY PUBLIC RESIDING IN______________ COUNTYPRINT NAME (DATE)COMMISSION NUMBER:_________________ LLC ACKNOWLEDGMENT ON THE ______ DAY OF ____________ A.D., 2023, PERSONALLY APPEARED BEFORE ME_________________________, WHOSE IDENTITY IS PERSONALLY KNOWN TO ME (OR PROVEN ON THEBASIS OF SATISFACTORY EVIDENCE) AND WHO, BY ME DULY SWORN/AFFIRMED, DID SAY THAT HE/SHE ISA ______________________ OF JODAH ONE, LLC, A UTAH LIMITED LIABILITY COMPANY, AND THAT THEOWNER'S DEDICATION WAS SIGNED BY HIM/HER ON BEHALF OF SAID LLC, AND SAID____________________________, ACKNOWLEDGED TO ME THAT SAID LLC EXECUTED THE SAME. STATE OF UTAHCounty of Salt Lake S.S. MY COMMISSION EXPIRES: __________________ NOTARY PUBLIC RESIDING IN______________ COUNTYPRINT NAME (DATE)COMMISSION NUMBER:_________________ NOTES:1. THIS PLAT IS SUBJECT TO ANY EASEMENTS OR NOTESSHOWN ON BROOKLYN SUBDIVISION, RECORDED ASENTRY NO. 13456 IN BOOK C AT PAGE 2 IN THE OFFICEOF THE SALT LAKE COUNTY RECORDER. 2. THIS PLAT IS SUBJECT TO ANY EASEMENTS OR NOTESSHOWN ON DOLANS SUBDIVISION, RECORDED ASENTRY NO. 40995 IN BOOK C AT PAGE 120 IN THEOFFICE OF THE SALT LAKE COUNTY RECORDER. STREET MONUMENT500 W. ST. & 900 S. ST.(FOUND BRASS CAP) RIGHT OF WAY EASEMENTENTRY NO. 2093107BOOK /PAGE: 2346/107 RIGHT OF WAY EASEMENTENTRY NO. 2096174BOOK /PAGE: 2351/432 UTILITY EASEMENTSEE NOTE 1. NO R T H 0 0 ° 0 1 ' 0 1 " W E S T 3 4 9 . 9 0 ' AMENDING LOTS 30-38 DOLANS SUBDIVISION, LOTS 14-38 OF BROOKLYN SUBDIVISION, AND VACATING BROOKLYN AVENUE BRIAN A...LINAMINAMNAMNAMNAMNAMNNAMNAMNAMNAMM 4-28-23 Alley Vacation Request EX H I B I T A TABLE OF CONTENTS 1) PROJECT CHRONOLOGY 2) NOTICE OF CITY COUNCIL PUBLIC HEARING 3) MAILING LIST 4) ORIGINAL PETITIONS 1. PROJECT CHRONOLOGY PROJECT CHRONOLOGY Petitions: PLNPCM2022-00068 (Street Vacation), PLNPCM2022-00349 (Alley Vacation), PLNSUB2023-00493 (Subdivision Amendment Preliminary Plat) February 2, 2022 Feb thru April 2022 April 6, 2022 April 13, 2022 May 11, 2022 Petition to vacate the south half of Brooklyn Avenue submitted Planning staff worked with applicant to remedy application deficiencies, including submittal of the Alley Vacation petition Petition deemed complete by Planning staff. Petition circulated to relevant City Departments and Divisions for review. Planning staff sent the 45-day required notice for recognized community organizations to the Community Councils. Neighbors within 300 feet of the development were provided early notification of the proposal. Proposal posted on Online Open House webpage. 45-day public comment period for recognized organizations ended July thru August 2022 Applicant indicated that the property owner to the north of Brooklyn Avenue would like to join the petition and updated the request to include the entire street right of way. August 1, 2022 August 23, 2022 October 14, 2022 Nov thru Dec 2022 February 2, 2023 May 8, 2023 June 22, 2023 October 19, 2023 Updated materials submitted by applicant Petition circulated to relevant City Departments and Divisions for review. Planning staff sent the 45-day required notice for recognized community organizations to the Community Councils. Neighbors within 300 feet of the development were provided early notification of the proposal. The post on the Online Open House webpage was updated. Department of Public Utilities expressed concern over the proposed vacation Applicant and Public Utilities negotiated proposals for new easements Applicant sent draft easement proposals to Public Utilities for review After working with the City Surveyor to understand how Brooklyn Avenue was originally created, Planning staff determined that a Subdivision Amendment (Preliminary Plat) must be included with this request. Applicant submitted Preliminary Plat application for Subdivision Amendment Planning staff confirmed that there is no opposition from relevant City Departments to the street or alley vacation. October thru Nov 2023 Planning Staff report development November 30, 2023 Planning Commission public hearing notice mailed. Planning Commission public notice posted on City and State websites and Planning Division listserv December 1, 2023 Public hearing notice sign posted on the property December 3, 2023 Legal notice published in the Sunday Print Edition of the Salt Lake Tribune December 13, 2023 Planning Commission held a public hearing and unanimously recommended to the City Council that the proposed amendments be approved. Dec thru February 2024 Draft ordinance developed by Planning staff February 2024 Draft Ordinance request from Attorney’s Office During this period, capacity in the City Attorney’s office was limited due to a reduction in available personnel and a number of pressing cases taking up available staff time. May 4, 2024 Draft ordinance received from City Attorney’s office. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering the following petitions submitted by Jonah Hornsby of Jodah One, LLC: 1.Street Vacation (PLNPCM2022-00068) – A request to vacate the roughly 85-foot-widesegment of Brooklyn Avenue between 500 West and the State-owned West Temple Viaduct right of way.2.Alley Vacation (PLNPCM2022-00349) – A request to vacate the 13.25-foot-wide alley thatbisects 1007 South 500 West between Brooklyn Avenue and the State-owned West TempleViaduct right of way.3.Subdivision Amendment (PLNSUB2023-00493) – A Preliminary Plat amending portions of the Brooklyn and Dolan Subdivisions and vacating the parts of Brooklyn Avenue that werededicated by those subdivisions.If approved, this section of Brooklyn Avenue would be divided and sold to the property owners of 1005 and 1007 South 500 West according to the approved plat at fair market value. The project is within Council District 5, represented by Darin Mano. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held: DATE: PLACE: Electronic and in-person options. 451 South State Street, Room 315, Salt Lake City, Utah ** This meeting will be held via electronic means while also providing an in-person opportunity 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, including WebEx connection information, please visit www.slc.gov/council/virtual-meetings. 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 about this proposal or would like to review the file, please call Aaron Barlow at 801.535.6182 between 9:00 a.m. and 6:00 p.m., Monday through Friday, or by e-mail at aaron.barlow@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com by selecting the “Planning” tab and entering one of the petition numbers listed above The City & County Building is an accessible facility. People with disabilities may request reasonable accommodation, including alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711. 3. MAILING LIST NAME ADDRESS CITY STATE ZIP SALT LAKE CITY METRO 1743 S DOUGLASS RD #D ANAHEIM CA 92806 AMERICAN CRANE INC 2471 S 150 W BOUNTIFUL UT 84010 JERROD J ROWAN 406 W FAYETTE AVE SALT LAKE CITY UT 84101 BROOKLYN DEVELOPMENT, LLC 15 W SOUTHTEMPLE ST SALT LAKE CITY UT 84101 MOUNTAIN CREST PROPERTIES LLC 2733 E PARLEYS WY SALT LAKE CITY UT 84109 AMERICAN CRANE, INC 2471 S 150 W BOUNTIFUL UT 84010 KESSIMAKIS PROPERTIES LLC 4648 S 345 E MURRAY UT 84107 CDM&M INVESTMENTS LLC 2432 W BRIDLE MEADOW CIR BLUFFDALE UT 84065 INFINITE INCEPTION INC.2377 E QUAIL HOLLOW DR SANDY UT 84093 JODAH ONE 369 E WILLIAMS AVE SALT LAKE CITY UT 84111 MARQ, LLC PO BOX 110997 TACOMA WA 98411 UNION PACIFIC RAILROAD COMPANY 1400 DOUGLAS ST STOP 1640 OMAHA NE 68179 CURRENT OCCUPANT 946 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 950 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 404 W FAYETTE AVE SALT LAKE CITY UT 84101 CURRENT OCCUPANT 954 S 400 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 970 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 988 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 990 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 998 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 981 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 483 W FAYETTE AVE SALT LAKE CITY UT 84101 CURRENT OCCUPANT 455 W FAYETTE AVE SALT LAKE CITY UT 84101 CURRENT OCCUPANT 995 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 1005 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 435 W FAYETTE AVE SALT LAKE CITY UT 84101 CURRENT OCCUPANT 982 S 400 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 1007 S 500 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 1030 S 400 W SALT LAKE CITY UT 84101 CURRENT OCCUPANT 1018 S 500 W SALT LAKE CITY UT 84101 AARON BARLOW 3340 S 500 E, APT 44 SOUTH SALT LAKEUT 84106 AARON BARLOW 3340 S 500 E, APT 44 SOUTH SALT LAKEUT 84106 4. ORIGINAL PETITIONS Updated 8/16/2021 Street Closure OFFICE USE ONLY Received By: Date Received: Project #: Project Name: PLEASE PROVIDE THE FOLLOWING INFORMATION Name/Location of the Street: Name of Applicant: Phone: Address of Applicant: E-mail of Applicant:Cell/Fax: Applicant’s Interest in Subject Property: F Owner F Contractor F Architect F Other: Name of Property Owner abutting the street (if different from applicant): E-mail of Property Owner:Phone: Please note that additional information may be required by the project planner to ensure adequate information is provided for staff analysis. All information required for staff analysis will be copied and made public, including professional architectural or engineering drawings, for the purposes of public review by any interested party. AVAILABLE CONSULTATION Planners are available for consultation prior to submitting this application. Please email zoning@slcgov.com if you have any questions regarding the requirements of this application. WHERE TO FILE THE COMPLETE APPLICATION Apply online through the Citizen Access Portal. There is a step-by-step guide to learn how to submit online. REQUIRED FEE Filing fee of $403 Plus, additional fee for required public notices. Noticing fees will be assessed after application is submitted. SIGNATURE Î If applicable, a notarized statement of consent authorizing applicant to act as an agent will be required. Signature of Owner or Agent: Date: SA L T L A K E C I T Y P L A N N I N G 1007 S 500 W, Salt Lake City UT Jonah Hornsby 801-580-4945 Jonah@acresutah.com 801-580-4945 Jonah@acresutah.com 801-580-4945 ✔ 1075 E Hollywood Ave, Salt Lake City UT N/A 1/18/2022 Updated 8/16/2021 St a f f R e v i e w SUBMITTAL REQUIREMENTS Please include with the application: (please electronically attach additional sheets) 1.A letter explaining why you are requesting this Street Closure. 2.A Sidwell map showing the area of the proposed Street Closure. On the map please: a.Highlight the area of the proposed Street Closure. b.Indicate the property owners abutting the proposed Street Closure. c.Submit a digital (PDF) copy of the map. 3.A written description with the width and length measurements of the proposed Street Closure. •A final legal description prepared by a licensed engineer will be required later. 4.The name, address and signatures of all abutting property owners who support the petition. •You may use the form attached to this application or provide your own form with signatures. •Signatures should be from the property owners and not from the property renters. Î Please be aware that once the City closes the street it will then sell the property at fair market value to the abutting property owners. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED ______ I acknowledge that Salt Lake City requires the items above to be submitted before my application can be processed. I understand that Planning will not accept my application unless all of the following items are included in the submittal package. ✔ ✔ ✔ ✔ ✔ ✔ ✔ Updated 8/16/2021 PETITION TO CLOSE A STREET Name of Applicant: Address of Applicant: Date: As an owner of property adjacent to the street, I agree to the proposed street closure. I also understand that I have the option to purchase the portion of the street adjacent to my property at fair market value. Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Jonah Hornsby 1075 E Hollywood Ave, Salt Lake City UT Updated 8/16/2021 Alley Vacation or Closure OFFICE USE ONLY Received By: Date Received: Project #: Project Name: PLEASE PROVIDE THE FOLLOWING INFORMATION Location of the Alley: Name of Applicant: Phone: Address of Applicant: E-mail of Applicant:Cell/Fax: Applicant’s Interest in Subject Property: F Owner F Contractor F Architect F Other: Name of Property Owner abutting the alley (if different from applicant): E-mail of Property Owner:Phone: Please note that additional information may be required by the project planner to ensure adequate information is provided for staff analysis. All information required for staff analysis will be copied and made public, including professional architectural or engineering drawings, for the purposes of public review by any interested party. AVAILABLE CONSULTATION Planners are available for consultation prior to submitting this application. Please email zoning@slcgov.com if you have any questions regarding the requirements of this application. WHERE TO FILE THE COMPLETE APPLICATION Apply online through the Citizen Access Portal. There is a step-by-step guide to learn how to submit online. REQUIRED FEE Filing fee of $269 Plus additional fee for required public notices will be assessed after application is submitted. SIGNATURE Î If applicable, a notarized statement of consent authorizing applicant to act as an agent will be required. Signature of Owner or Agent: Date: SA L T L A K E C I T Y P L A N N I N G Jonah Hornsby 801-580-4945 Jonah@acresutah.com 801-580-4945 jonah@acresutah.com 801-580-4945 3/7/2022 1007 S 500 W Salt Lake City, UT 1075 E Hollywood Ave, Salt Lake City UT 84105 ✔ N/A Alley only abutts the subject property Updated 8/16/2021 St a f f R e v i e w SUBMITTAL REQUIREMENTS Please include with the application: (please attach additional sheets electronically) 1.A letter explaining why you are requesting this alley vacation or closure. 2.A Sidwell map showing the area of the proposed alley vacation or closure. On the map please: a.Highlight the area of the proposed alley vacation or closure. b.Indicate with colored dot the property owners who support the petition. c.Submit a digital (PDF) copy of the map. 3.A written description with measurements of the proposed alley vacation or closure. •A final legal description prepared by a licensed engineer will be required later. 4.The name, address and signatures of all abutting property owners who support the petition. •Petition must include the signatures of no less than 80% of the abutting property owners. •Signatures should be from the property owners and not from the property renters. •You may use the form attached to this application or provide your own form with signatures. WHAT IS AN ALLEY VACATION OR CLOSURE? As part of the subdivision process, early developers were required to create alleys which were then deeded to the City. They were used for coal delivery, garbage pickup and other services. They also allowed access to garages. Today, the City is officially the owner of these alleys. In situations where it can be demonstrated that there is an over-riding public purpose for vacating the alley, the City may relinquish its property interest in the alley. When an alley is next to or abuts a single family or duplex residential property, the City vacates the alley, divides it in half, and the property is conveyed to the abutting property owners. If an alley is next to or abuts a non-residential, or multifamily residential (3 or more dwelling units) property, the City may close the alley and then sell the land at fair market value to the abutting property owners. WHAT THE CITY CONSIDERS BEFORE VACATING OR CLOSING AN ALLEY Section 14.52.020 1.The City police department, fire department, transportation division, and all other relevant City departments have no reasonable objection to the proposed disposition of the property; 2.Granting the petition will not deny sole access or required off-street parking to any property adjacent to the alley; 3.Granting the petition will not result in any property being landlocked; 4.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; 5.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; 6.The petition furthers the City preference for disposing of an entire alley, rather than a small segment of it; and 7.The alley property is not necessary for actual or potential rear access to residences or for accessory uses. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED ______ I acknowledge that Salt Lake City requires the items above to be submitted before my application can be processed. I understand that Planning will not accept my application unless all of the following items are included in the submittal package. ✔ ✔ ✔ ✔ ✔ ✔ ✔ Updated 8/16/2021 PETITION TO VACATE OR CLOSE AN ALLEY Name of Applicant: Address of Applicant: Date: As an owner of property adjacent to the alley, I agree to the proposed vacation or closure. I understand that if my property is a commercial business or a rental property with more than three (3) dwelling units, I will be required to pay fair market value for my half of the alley. Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Print Name Address Signature Date Jonah Hornsby 1075 E Hollywood Ave Salt Lake City, UT 3/7/2022 This page has intentionally been left blank