Council Provided Information - 11/19/2024 (2)CITY 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 19, 2024
RE: Brooklyn Avenue Street Vacation, Alley Vacation, and Subdivision Amendment
(PLNPCM2022-00068, PLNPCM2022-00349, PLNSUB2023-00493)
PUBLIC HEARING UPDATE
There were no public comments at the November 12, 2024 public hearing. 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
Council Members did not have any questions for staff or the applicant at the October 1, 2024 briefing.
ISSUE AT-A-GLANCE
The Council will be briefed about a proposal to vacate an approximately 0.61-acre portion of Brooklyn
Avenue between 500West and the West Temple viaduct in City Council District Five. The road segment is
adjacent to the petitioner’s property at 1007 South 500 West as shown in the image below. In their
application, the petitioner cited a lack of maintenance, homeless encampments, and waste dumping as
reasons for the request. They also indicated a desire to develop their adjacent properties at some point in
the future.
During review of the street vacation application, Planning staff determined a City owned alley dividing the
petitioner’s property would need to be included in the request, since vacating the section of Brooklyn
Avenue would isolate the alley right-of-way.
Item Schedule:
Briefing: October 1, 2024
Set Date: October 15, 2024
Public Hearing: November 12, 2024
Potential Action: November 19, 2024
Page | 2
In addition, a subdivision amendment is required when vacating a public right-of-way dedicated by a
subdivision. Planning staff discovered that vacating the street would require amendments to the Brooklyn
and Dolan subdivisions since the street is within both. The result is a combination of the street vacation,
alley vacation, and subdivision amendments for Council consideration. Each of these will be reviewed
separately in the additional information section below. Current area zoning is CG (General Commercial)
and the requests would not change that.
Vacating property such as a public street or alley removes the public interest in and ownership of that
right-of-way. The vacated property is then sold or transferred to private ownership. In this case, if
approved by the City Council, the street segment and alley would be sold to the adjacent property owners at
fair market value—which is determined by the Real Estate Services Division.
The Planning Commission reviewed this petition at its December 13, 2023 meeting and held a public
hearing at which one person spoke in opposition citing concern about the ability for large trucks to turn
around without using Brooklyn Avenue. The Commission voted unanimously to forward positive
recommendations for all three petitions with the following recommendations.
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.
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.
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.
Page | 3
Aerial image showing proposed street vacation shaded in yellow and the alley in red.
The petitioner’s properties on either side of the alley are outlined in dark green, and adjacent property in blue.
Image courtesy of Salt Lake City Planning Division
Goal of the briefing: Review the proposed street and alley closures and subdivision amendments,
determine if the Council supports moving forward with the proposal.
POLICY QUESTIONS
1. The Council may wish to discuss the benefits and drawbacks of vacating the street and alley.
2. Is the Council supportive of the proposed requirements recommended by the Planning Commission
to be included in a development agreement?
ADDITIONAL INFORMATION
Street Vacation
The subject section of Brooklyn Avenue is approximately 198 feet long at its center point, and 85 feet wide.
Planning staff reviewed historical aerial photographs and stated “…it appears the right of way has remained
unimproved and unpaved since at least 1964, when I-15 was under construction.”
Brooklyn Avenue and 500 West both end near the petitioner’s properties and have very little vehicular
traffic. It should be noted that the segment of 500 West that connects to Brooklyn Avenue is not included
in the proposed street closure and would remain a City-owned right-of-way if the Brooklyn Avenue street
segment is vacated by the Council. Additionally, a different section of 500 West connects to Fayette Avenue
and continues south under Interstate-15 as shown in the lower left corner of the image above.
The street vacation process is dictated by Section 10-9a-609.5 Utah State Code which is included at the end of
this report for reference.
Page | 4
Alley Vacation
The subject alley is approximately 110 feet long and 13.25 feet wide, or about 1,450 square feet. During
review of the proposals, Planning staff analyzed historical aerial photographs and noted that the alley
appears to have existed only on paper and has not been used since at least 1999 and has essentially been
incorporated into the adjacent lots, though it is City property.
If the segment of Brooklyn Avenue is vacated, the alley would be surrounded by the petitioner’s property
on three sides, and the West Temple viaduct on the fourth, blocking access and rendering it unusable.
Alley vacations must satisfy one of the following policy considerations: Lack of Use, Public Safety, Urban
Design, and Community Purpose. The subject alley vacation request satisfies the Lack of Use policy
consideration.
Alley vacations are outlined in Section 14.52 of Salt Lake City Code which is included at the end of this
report for reference.
Subdivision Amendment
As discussed above, a subdivision amendment is required if a public right-of-way within a subdivision is
changed or removed. The subject section of Brooklyn Avenue was created from both the Brooklyn and
Dolan Subdivisions. The north 33 feet of the street (yellow section highlighted in the image below) was
platted in the Brooklyn Subdivision, and the south 33 feet (pink highlighted section) from the Dolan
Subdivision. That leaves 21 feet in the middle (blue highlighted section) that was not created from a
subdivision. It remains part of the Big Field Survey Plat and not included in a subdivision.
Planning staff worked with the City Surveyor to determine how the middle section of the road was not
included in a subdivision but could not definitively conclude how it happened. They surmised there was an
error when one of the subdivisions was created and this section was left out.
At the time the application was submitted, Chapter 20.28 Article III of Salt Lake City Code was applicable
to subdivision amendments involving streets. It is included at the end of this report for reference.
Page | 5
Salt Lake County plat map of Brooklyn Avenue right-of-way
KEY CONSIDERATIONS
Planning staff identified six key considerations during analysis of these proposals which are found on pages
6-9 of the Planning Commission staff report and summarized below. For the complete analysis please see
the staff report.
Consideration 1 – Conditions Requested by Other City Departments
The following departments and divisions expressed concerns with the proposals. The petitioner worked
with City staff to mitigate these concerns and the conditions recommended by the Planning Commission
satisfy them.
Public Utilities – The street is necessary to access to storm sewer facilities located on the edge of the West
Temple Viaduct. To resolve the concerns, the petitioner and Public Utilities agreed that before the final plat
is recorded vacating the street, easements will be recorded along the edge of the West Temple Viaduct.
Engineering – The Engineering Division noted that the Brooklyn Avenue and the section of 500 West it is
connected to lack basic street infrastructure. The street surface is poor, and stormwater has nowhere to go.
The petitioner met with Engineering staff and agreed to install curb and gutter, streetlights, and sidewalks
on the property frontages of 500 West and Fayette Avenue upon development of Brooklyn Avenue. This
addresses Engineering’s concerns.
Fire and Transportation – Both the Fire Department and Transportation Division noted vacating Brooklyn
Avenue would leave the abutting segment of 500 West without an area for fire trucks and other large
vehicles to turn around. Dead end streets longer than 150 feet and necessary for fire truck access are
required by State code to have a turnaround that complies with the code. (Diagrams of compliant
turnarounds are found on page 7 of the Planning Commission staff report.)
The petitioner met with City staff and agreed to install a turnaround the meets fire code requirements upon
development of Brooklyn Avenue. This satisfies concerns raised by the Fire Department and
Transportation Division.
Page | 6
Consideration 2 – Features of Brooklyn Avenue
The Brooklyn Avenue features discussed in this consideration are outlined in the “Subdivision
Amendment” section above.
Consideration 3 – State Code Regarding Street Vacations
Utah State Code grants cities the authority to vacate streets. The City Council must determine good cause
exists for the vacation and that the public interest or any person will not be materially injured by the
vacation. Planning staff reviewed aerial images of the area which show the street has not been maintained
for at least 60 years. It is Planning staff’s opinion vacating the street will remove a maintenance burden
from the City in exchange for selling the street segment at market rate.
Consideration 4 – Factors to Consider
As noted above, the request to vacate the subject section of Brooklyn Avenue required three different
applications – street vacation, alley vacation, and subdivision amendment. Each application has its own
applicable factors or standards.
Planning staff reviewed standards for the CG (General Commercial) zoning district, street vacation, alley
vacation, and subdivisions. These are found on pages 44-57 of the Planning Commission staff report. It is
Planning’s opinion that the requests meet or will meet all applicable conditions if the Planning
Commission’s recommendations are requirements of approval.
Consideration 5 – Master Plan Compatibility
Planning staff reviewed the proposals’ alignment with the following City plans:
Downtown Master Plan (2016) Note: the Ballpark Station Area Plan defers long range planning in
the Granary District (where the properties are located) to the Downtown master Plan).
Plan Salt Lake (2015)
Transportation Major Street Plan (2018)
Transportation Master Plan (1996)
Given the subject street and alley location in the center of the freeway viaduct, there is little potential for
mid-block crossings and connectivity via alleys and other pedestrian rights-of-way called for in some of the
above listed plans.
It is Planning staff’s opinion that while the proposed street and alley vacations are not specifically
supported by the plans, they are not in opposition to the goals and initiatives outlined in the plans.
Consideration 6 – Compliance with Zoning Standards
Planning found that the proposed subdivision amendment meets all zoning standards except one: the
minimum lot width in the CG district. As noted above, the petitioner’s parcel at 1007 South 500 West is
divided into two lots by the alley proposed to be vacated. The eastern lot does not meet the minimum width
required in the CG district. The Planning Commission’s recommendation to adjust the lot line dividing the
lots so the eastern lot meets the minimum will resolve this issue.
PROJECT CHRONOLOGY
February 2, 2022 – Petition to vacate the south half of Brooklyn Avenue submitted.
February-April 2022 – Planning staff worked with the applicant to remedy application deficiencies,
including submittal of the alley vacation petition.
April 6, 2022 – Petition deemed complete by Planning staff.
April 13, 2022 –
o Petition circulated to relevant City departments and divisions for review.
o 45-day notice sent to community councils.
o Early notification sent to neighbors within 300 feet of the development.
o Proposal posted on the online open house webpage.
Page | 7
May 11, 2022 – 45-day comment period for recognized organizations ends.
July-August 2022 – Applicant indicated 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 – Updated materials submitted by applicant.
August 23, 2022 –
o Petition circulated to relevant City departments and divisions for review.
o Planning staff sent the 45-day required notice for recognized community organizations to the
community councils.
o Neighbors within 300 feet of the development were provided early notification.
o The online open house post was updated.
October 14, 2022 – Department of Public Utilities expressed concern over the proposed vacation.
November-December 2022 – Applicant and Public Utilities negotiated proposals for new easements.
February 2, 2023 – Applicant sent draft easement proposals to Public Utilities for review.
May 8, 2023 – 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.
June 22, 2023 – Applicant submitted preliminary plat application for the subdivision amendment.
October 19, 2023 – Planning staff confirmed there is no opposition from relevant City departments to
the street or alley vacation.
October-November 2023 – Planning staff report development.
November 30, 2023 –
o Planning Commission public hearing notice mailed.
o Planning Commission public notice posted on City and State website and Planning Division
listserv.
December 1, 2023 – Public hearing notice sign posted on the property.
December 3, 2023 – Legal notice published in Salt Lake Tribune.
December 13, 2023 – Planning Commission held a public hearing and forwarded a unanimous positive
recommendation to the City Council for the proposed amendments.
December 2023-February 2024 – Draft ordinance developed by Planning staff.
February 2024 – Draft ordinance requested from Attorney’s Office.
o Planning staff noted during this time 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 Attorney’s Office.
August 1, 2023 – Transmittal received in City Council Office.
STREET CLOSURE PROCESS
The street closure process is dictated by Section 10-9a-609.5 Utah State Code which is included below for
reference.
10-9a-609.5. Petition to vacate a public street.
(1)In lieu of vacating some or all of a public street through a plat or amended plat in accordance with
Sections 10-9a-603 through 10-9a-609, a legislative body may approve a petition to vacate a public
street in accordance with this section.
(2)A petition to vacate some or all of a public street or municipal utility easement shall include:
(a)the name and address of each owner of record of land that is:
(i)adjacent to the public street or municipal utility easement between the two nearest public
street intersections; or
Page | 8
Page | 8
(3)If a petition is submitted containing a request to vacate some or all of a public street or municipal
utility easement, the legislative body shall hold a public hearing in accordance with Section 10-9a-
208 and determine whether:
(a)good cause exists for the vacation; and
(b)the public interest or any person will be materially injured by the proposed vacation.
(4)The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street
or municipal utility easement if the legislative body finds that:
(a)good cause exists for the vacation; and
(b)neither the public interest nor any person will be materially injured by the vacation.
(5)If the legislative body adopts an ordinance vacating some or all of a public street or municipal utility
easement, the legislative body shall ensure that one or both of the following is recorded in the office of
the recorder of the county in which the land is located:
(a)a plat reflecting the vacation; or
(b)(i)an ordinance described in Subsection (4); and
(ii)a legal description of the public street to be vacated.
(6)The action of the legislative body vacating some or all of a public street or municipal utility easement
that has been dedicated to public use:
(a)operates to the extent to which it is vacated, upon the effective date of the recorded plat or
ordinance, as a revocation of the acceptance of and the relinquishment of the municipality's fee in
the vacated public street or municipal utility easement; and
(b)may not be construed to impair:
(i)any right-of-way or easement of any parcel or lot owner;
(ii)the rights of any public utility; or
(iii)the rights of a culinary water authority or sanitary sewer authority.
(7)(a)A municipality may submit a petition, in accordance with Subsection (2), and initiate and
complete a process to vacate some or all of a public street.
(b)If a municipality submits a petition and initiates a process under Subsection (7)(a):
(i)the legislative body shall hold a public hearing;
(ii)the petition and process may not apply to or affect a public utility easement, except to the
extent:
(A)the easement is not a protected utility easement as defined in Section 54-3-27;
(B)the easement is included within the public street; and
(C)the notice to vacate the public street also contains a notice to vacate the easement; and
(iii)a recorded ordinance to vacate a public street has the same legal effect as vacating a public
street through a recorded plat or amended plat.
(8)A legislative body may not approve a petition to vacate a public street under this section unless the
vacation identifies and preserves any easements owned by a culinary water authority and sanitary
sewer authority for existing facilities located within the public street.
(ii)accessed exclusively by or within 300 feet of the public street or municipal utility easement;
(b)proof of written notice to operators of utilities and culinary water or sanitary sewer facilities
located within the bounds of the public street or municipal utility easement sought to be vacated;
and
(c)the signature of each owner under Subsection (2)(a) who consents to the vacation.
Page | 9
ALLEY CLOSURE PROCESS
The alley closure process is dictated by Chapter 14.52 Salt Lake City Code which is included below for reference.
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. (Ord.
24-02 § 1, 2002)
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 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,
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;
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 | 10
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. 22-19, 2019: 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. (Ord. 24-02 § 1, 2002)
SUBDIVISION AMENDMENT PROCESS
CHAPTER 20.28: SUBDIVISION AMENDMENTS
Staff Note: this section of City code was applicable at the time the application was submitted.
ARTICLE III. SUBDIVISION AMENDMENTS INVOLVING STREETS
20.28.100: PURPOSE AND AUTHORIZATION:
If the amendment petition involves closure, vacation (in whole or in part), alteration or amendment of any
public street, right of way, or easement, or the dedication of a private street to a public street, the
amendment petition shall be processed pursuant to the provisions of this article. (Ord. 7-14, 2014)
20.28.110: CITY INTERNAL REVIEW:
A. The planning director or designee shall transmit a copy of the preliminary plat to, and request
comments from, city departments and divisions that are part of the subdivision review process, as
determined by the planning director.
B. The division of transportation may, if the division determines that the proposed amendment
petition may have an adverse material impact on traffic, require the applicant to submit a
professionally prepared traffic impact study prior to the hearing on the application.
C. The departmental comments shall be transmitted to the petitioner. (Ord. 7-14, 2014)
20.28.120: PLANNING COMMISSION HEARING:
A. The planning commission shall hold a public hearing to consider the amendment petition and shall
provide a recommendation to the city council to approve, approve with conditions, or deny the
amendment according to the standards for preliminary plats set forth in section 20.16.100 of this
title.
Page | 11
B. Notice of the planning commission hearing shall be provided in accordance with noticing
requirements in chapter 20.36 of this title. (Ord. 7-14, 2014)
20.28.130: CITY COUNCIL HEARING:
A. The city council shall hold a public hearing to consider the amendment petition and shall either
approve, approve with conditions, or deny the amendment according to the standards for
preliminary plats set forth in section 20.16.100 of this title, and in the case of dedication of street
from private ownership to public ownership, according to the policies and standards found in title
14,c hapter 14.54 of this code.
B. A notice of public hearing before the Salt Lake City council shall be provided in accordance with
noticing requirements for public hearings ofc hapter 20.36 of this title. (Ord. 7-14, 2014)
20.28.140: RECORDABLE INSTRUMENT:
If the amendment petition is approved by the council, the final amended subdivision plat and such other
documents as may be required shall be executed by the planning director. The plat and documents shall be
recorded in the office of the county recorder either by the applicant or by the planning director. (Ord. 7-14,
2014)
20.28.150: APPEALS OF CITY COUNCIL DECISION:
Refer to chapter 20.48, "Appeals", of this title for information and regulations regarding filing an appeal of
a decision on subdivision amendments. (Ord. 7-14, 2014)