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HomeMy WebLinkAboutCouncil Provided Information - 10/7/2025CITY 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:October 7, 2025 RE: Alley Vacation at Approximately 373 West American Avenue PLNPCM2023-00636 PUBLIC HEARING UPDATE There were no comments on this item during the September 2, 2025 public hearing. The Council closed the hearing and deferred action to a future meeting. Following the hearing, the owner of 389 West American Avenue notified Planning staff of his desire to purchase the alley abutting his property. The applicant is amenable to this, and a separate ordinance for that vacation was prepared for the Council to consider. If adopted, the 389 West American Avenue owner would purchase the alley property abutting his from the City for market value. The Council will have two ordinances to consider at the October 7, 2025 meeting; one vacating the alley abutting 373 West American Avenue (original request), and the other to vacate alley property abutting 389 West American Avenue. The following information was provided for previous Council meetings. It is included again for background purposes. SEPTEMBER 2, 2025 UPDATE During the August 19, 2025 follow-up briefing Council Members were generally supportive of the proposed alley vacation and property exchange. They expressed a desire for a development agreement requiring activation of the proposed pedestrian corridor. Planning staff noted the alley vacation would not become effective until development plans are approved and comply with conditions in the development agreement. Item Schedule: Page | 2 BRIEFING UPDATE During the January 7, 2025 briefing Council Members discussed the public benefit provided by an easement along the east side of the parcels, along the potential future Trax Orange Line. Planning staff noted that no development plans have been submitted so additional public benefits can be specified. The applicant discussed potentially building townhomes along the easement which would result in activation of the area. The Council discussed including design requirements of a public street in a development agreement or other mechanism to ensure they will be in a future development on the site. Since the briefing, the applicant had the alley and easement properties appraised. The appraisal valued each property at $65,000. City Real Estate Services reviewed the appraisal and believes it reflects a reasonable price for the properties. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate an approximately 135 foot by 11.5 foot north/south alley running between 373 West American Avenue to a former east/west alley that was vacated in 1965 and incorporated into the applicant’s property. The Interstate-15 900 South viaduct abuts the southern property line which renders the alley unusable as a mid-block connection within the neighborhood. The applicant proposes redeveloping their parcels into a multi-family development, though no formal proposal has been submitted to date. To support the Ballpark Station Area Plan’s goal of improving pedestrian connectivity, the applicant proposes providing a 10-foot-wide easement on the eastern edge of their property at 337 West American Avenue as shown in the image below. This would run along existing railroad tracks and the potential TRAX Orange Line light rail route. The applicant owns four of the five parcels abutting the alley and the other property owner is supportive of the proposed alley vacation. If approved by the Council, the vacated alley property would be sold to the abutting property owners at market value. The Planning Commission reviewed this petition during its September 11, 2024 meeting and held a public hearing at which no one offered comments. The Commission followed Planning staff’s recommendation and voted 7-0 in support of the proposed alley vacation, with the following conditions: 1. The applicant shall establish a utility easement in place of the existing public alley right-of-way following the approval of the request or coordinate relocation of existing power lines with Rocky Mountain Power. 2. The applicant shall establish a 10-foot-wide public access easement along the eastern boundary of 337 West American Avenue. 3. The applicant shall not purport to convey the property encompassing any portion of the alley until at least 60 days after a final decision by the City Council on the petition. (Staff note: this is a recommendation from the City Attorney’s Office to allow time to finalize the ordinance and complete a transaction for the alley property and proposed easement.) 4. The applicant must consolidate the parcels through a lot consolidation. Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. POLICY QUESTIONS Page | 4 1. Does the Council support the Planning Commission’s recommendation to close this alley? 2. Is the Council supportive of the proposed conditions of approval? South facing aerial view of the subject alley and proposed easement highlighted in blue. Image courtesy of Salt Lake City Planning Division ADDITONAL INFORMATION In 2022 a previous owner attempted to vacate the subject alley through a quiet title action. (A quiet title action is lawsuit in civil court to establish or settle title to property. They often involve cases in which there is disagreement on who holds the title, and the lawsuit is intended to remove or “quiet” claims to a title, resulting in a clear title.) In this case, the court incorrectly granted title (or ownership) to the alley property to the previous owner who brought the quiet title action, but the City was not notified. The alley is included in the subdivision plat and has not previously been vacated. Public rights-of-way cannot be vacated through quiet title actions. A notice of public alley is being held in escrow by the City Attorney’s Office and clarifies the alley remains City property unless and until the City Council approves the alley vacation. 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 4-8 of the Planning Commission staff report for full analysis of these issues. Consideration 1: Analysis of Alley Vacation Factors 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 factors clearly meet seven of the eight factors. The factor in blue text received additional consideration, which is discussed below. Page | 5 The Ballpark Station Area Plan (2022) discusses potential removal of the 900 South Interstate-15 viaduct and replacing it with community amenities. UDOT owns the viaduct and indicated it has no plans to change the current configuration. Vacating the alley would remove it from public access should the viaduct ever be eliminated or reconfigured. However, it is Planning staff’s opinion that the applicant’s proposed easement adjacent to the potential TRAX Orange Line will widen an existing connection through the block and not result in a use that is contrary to the Ballpark Plan. 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. Complies The petition meets at least one of the policy considerations stated above. Complies with Policy Consideration A – Lack of Use. The petition must not deny sole access or required off-street parking to any adjacent property. Complies The petition will not result in any property being landlocked. Complies The disposition of the alley property will not result in a use which is otherwise contrary to the policies of the City, including applicable master plans and other adopted statements of policy which address, but which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses. Complies No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within 12 months of issuance of the building permit. Complies The petition furthers the City 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 Consideration 2: Policy Considerations Alley vacation requests must satisfy at least one of the following four policy considerations: A-Lack of Use, B-Public Safety, C-Urban Design, D-Community Purpose. Planning staff found the alley vacation satisfies the Lack of Use consideration. As noted above, the alley terminates near the Interstate-15 900 South viaduct and cannot currently be used as a public right-of-way. Consideration 3: 2022 Quiet Title Claim Page | 6 As discussed above, a quiet title action in 2022 incorrectly granted title to a previous owner. A notice of public alley is being held in escrow by the City Attorney’s Office pending a decision by the City Council. Consideration 4: General Plan Considerations City Department Review During City review of the petition, the Engineering Division noted the need to maintain access for Rocky Mountain Power to service its lines. This is addressed in the Planning Commission’s recommendation to establish a utility easement or coordinate with Rocky Mountain Power to relocate the lines. No other responding departments or divisions expressed concerns with the proposal but stated additional review and permits would be required if the property is developed. ANALYSIS OF STANDARDS 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. 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 consideration A-Lack of Use. PUBLIC PROCESS September 14, 2023 – o The Ballpark Community Council was sent a 45-day required notice for recognized community organizations. The council did not provide comments. o Neighbors within 300 feet of the site were provided early notification of the proposal. No comments were received. August 29, 2024 – 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. September 11, 2024 – Planning Commission review and public hearing. The Commission voted unanimously to forward a positive recommendation to the City Council. October 16, 2024 – Draft ordinance sent to the Attorney’s Office. Page | 7 October 30, 2024 – Signed ordinance sent to Planning Division from Attorney’s Office. November 27, 2024 – 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, 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 Page | 8 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. 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. Page | 9 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.