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HomeMy WebLinkAboutCouncil Provided Information - 3/4/2025CITY 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:March 4, 2025 RE: Alley Vacation at Approximately 268 West Paxton Avenue PLNPCM2022-01128 BRIEFING UPDATE During the briefing Council Members and Planning staff discussed illegal activities occurring in the alley, and how gates help reduce those but aren’t allowed in City code. The applicant discussed vacating the alley would allow access to the current alley property only to abutting owners. In response to a question about the consequences of an owner not paying for their portion of the alley, the Attorney’s Office said the alley would not be vacated. Following the briefing the Transportation Division reviewed the updated proposal that includes an access easement from 300 West to the alley property and now has no objections to the proposed vacation. Transportation forwarded the proposal to UTA for review and there were no concerns. The following information was provided for February 4, 2025 Council briefing. It is included again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate an L-shaped alley that begins at approximately 268 West Paxton Avenue (~ 1170 South). If the Council approves the alley vacation, the alley property would be sold to abutting property owners at market value as the area zoning is General Commercial. Item Schedule: Briefing: February 4, 2025 Set Date: February 18, 2025 Public Hearing: March 4, 2025 Potential Action: March 18, 2025 Page | 2 Following a Planning Commission meeting in June 2023, the applicant drafted an easement agreement to address access concerns from adjacent property owners along the alley (outlined in yellow in the below images). An updated proposal with the access easement was presented to the Planning Commission at its September 25, 2024 meeting. Planning staff recommended and the Planning Commission voted unanimously to forward a positive recommendation to the City Council. 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. Is the Council supportive of the proposed access easement? 3. The Council may wish to ask about how information about the easement is preserved and shared as properties change ownership. Also, the Council may wish to ask about how the easement will be maintained to ensure access is preserved. Some Council Members have encountered constituent requests when roads or access points are privatized, and maintenance or access issues arise years later. Aerial image showing the subject alley outlined in yellow and abutting parcels numbered. The segment with red dashes was the only segment initially requested to be vacated. Image courtesy of Salt Lake City Planning Division Page | 3 UPDATED Aerial image with the proposed access easement from 300 West shown in blue hash marks. (Staff note: the proposed access easement would include the east-west alley segment outlined in yellow to ensure access to those properties.) Image courtesy of Salt Lake City Planning Division ADDITONAL INFORMATION The L-shaped alley begins at approximately 268 West Paxton Avenue (~ 1170 South) and terminates at the Utah Transit Authority TRAX line. The alley’s north-south segment is approximately 12 feet wide and 140 feet long. The east-west segment is approximately 25 feet wide and 490 feet long. The original proposal was to vacate just the north-south alley segment (outlined with red dashes in the images above). Due to issues with encampments and theft in the area, gates were installed at both ends of this alley segment in 2020 by owners of parcels 1 and 2 in the first image above due to these issues in the alley. A consequence of closing only that alley segment is several properties adjacent to the east-west portion of the alley would have been landlocked. These property owners access the alley from 300 West through parcel #10 in the first image above, though there is not an easement in place guaranteeing that access will remain. Some property owners were not supportive of the first proposal. The Planning Commission reviewed the original proposal in June 2023, and tabled the item after three people spoke expressing concerns about closing the alley. At the Commission’s request, the applicant drafted an agreement guaranteeing all abutting property owners have access to their property if the alley is vacated. The easement agreement provides access from 300 West to the vacated alley property (as shown in the second image above) and ensures all abutting property owners have access to their properties. All affected property owners have indicated their support of the alley vacation with the access easement. The subject alley was created in 1890 as part of the Harrington, Donnelly and Newell’s Subdivision. An eastern portion of the alley across the railroad tracks and connecting to 200 West was vacated in 1960. Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 6-7 below). Those phases include an administrative determination of completeness; a public hearing, including a recommendation from the Planning Commission; and a public hearing before the City Council. KEY CONSIDERATIONS Page | 4 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 46-47 of the June 25, 2024 Planning Commission staff report for full analysis of these issues. Issue 1: Loss of Access Off-street access to the property at 240 West Paxton Avenue (number 7 in the first image above) is through the alley. This narrow lot has no access to the rear of their lot from Paxton Avenue. The property owner was opposed to the initial proposal but is supportive of the current proposal that includes an access easement. Issue 2: Property Owner Support As noted above, the 240 West Paxton Avenue property owner was opposed to the initial alley vacation proposal but is supportive of the updated proposal that includes an access easement. Issue 3: Master Plan Considerations Planning staff reviewed how the proposed alley vacation aligns with the Central Community Master Plan and Plan Salt Lake. They found the Central Community Master Plan does not address alley vacations. Plan Salt Lake promotes increased connectivity through mid-block connections, but the alley dead ends at the railroad tracks, so can’t be used as a connection. Issue 4: Future Public Use of the Alley Planning staff identified three options for the City Council to consider regarding the alley. 1. Leave the alley as is. The applicant would need to ensure the north-south portion of the alley is clear for vehicular use. This would not address the reported encampments and criminal activity in the alley. 2. Vacate only the north-south alley segment. This would still require an access easement across a portion of property number 10 in the first image above. Whether all property owners would be supportive of this option is unknown. This option does not align with the City’s preference to vacate full alleys rather than a segment. 3. Vacate the entire alley (Planning staff and Planning Commission recommendation.) The full alley would be vacated and sold to abutting property owners at market value. In addition, an access easement would be included guaranteeing access to all abutting property owners. CITY DEPARTMENT REVIEW During City review of the petition, the Engineering and Transportation Divisions were opposed to the initial proposal vacating only a segment of the alley. Engineering is supportive of the current proposal to vacate the full alley with an access easement from 300 West. Transportation is opposed to the current proposal citing a desire for a full alley right-of-way dedication connecting to 300 West rather than the proposed access easement from 300 West that includes the full east-west alley segment. ANALYSIS OF STANDARDS Attachment D (pages 72-74) of the September 25, 2024 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). 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. Page | 5 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 B, C, and D. Section 14.52.030.B Salt Lake City Code directs the Planning Division to analyze factors in the following table. Planning staff found the proposed alley vacation meets seven of the eight 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. Transportation is opposed to the alley vacation and prefers an alley right-of-way dedication to 300 West rather than the access easement. The petition meets at least one of the policy considerations stated above. Complies with Policy Considerations B – Public Safety, C – Urban Design, and D – Community Purpose. The petition must not deny sole access or required off-street parking to any adjacent property. Complies with current proposal to vacate the entire alley and place an easement guaranteeing abutting property owners have access to their properties. The petition will not result in any property being landlocked. Complies with current proposal to vacate the entire alley and place an easement guaranteeing abutting property owners have access to their properties. Granting the petition will not result in the 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. Complies (The alley is not needed for a mid-block connection.) 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 Complies The alley is not necessary for actual or potential rear access to residences or for accessory uses. Complies with current proposal to vacate the entire alley and place an easement guaranteeing abutting property owners have access to their properties. Page | 6 PUBLIC PROCESS •November 29, 2022 – Application submitted and deemed complete. •December 14, 2022 – Petition assigned to staff. •December 21, 2022 – o Required notice sent to Ballpark Community Council. The Council did not provide comments. o Neighbors with 300 feet of the site were provided early notification of the proposal. •May 31, 2023 – o Public hearing notice mailed, posted on City and State websites, and posted on Planning Division listserv. o Public hearing notice sign posted on the property. •June 14, 2023 – Planning Commission review and public hearing. The Commission voted to table the item. •September 25, 2024 – The Planning Commission reviewed the amended proposal and voted unanimously to forward a positive recommendation to the City Council. •December 12, 2024 – Draft ordinance requested from the City Attorney’s Office. •January 3, 2025 – Ordinance received from City Attorney’s Office. •January 14 – Transmittal received in City Council Office The process for closing or vacating a City-owned alley is outlined in Section 14.52 Salt Lake City Code. 14.52.010: DISPOSITION OF CITY'S PROPERTY INTEREST IN ALLEYS: The city supports the legal disposition of Salt Lake City's real property interests, in whole or in part, with regard to city owned alleys, subject to the substantive and procedural requirements set forth herein. 14.52.020: POLICY CONSIDERATIONS FOR CLOSURE, VACATION OR ABANDONMENT OF CITY OWNED ALLEYS: The city will not consider disposing of its interest in an alley, in whole or in part, unless it receives a petition in writing which demonstrates that the disposition satisfies at least one of the following policy considerations: A. Lack Of Use: The city's legal interest in the property appears of record or is reflected on an applicable plat; however, it is evident from an onsite inspection that the alley does not physically exist or has been materially blocked in a way that renders it unusable as a public right of way; B. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity, unsafe conditions, public health problems, or blight in the surrounding area; C. Urban Design: The continuation of the alley does not serve as a positive urban design element; or D. Community Purpose: The petitioners are proposing to restrict the general public from use of the alley in favor of a community use, such as a neighborhood play area or garden. (Ord. 24-02 § 1, 2002) 14.52.030: PROCESSING PETITIONS: There will be three (3) phases for processing petitions to dispose of city owned alleys under this section. Those phases include an administrative determination of completeness; a public hearing, Page | 7 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 8. The alley property is not necessary for actual or potential rear access to residences or for accessory uses. Page | 8 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.