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HomeMy WebLinkAboutCouncil Provided Information - 10/21/2025CITY 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 21, 2025 RE: Partial Street Vacation at 1101 West 400 South (PLNPCM2025-00178) PUBLIC HEARING UPDATE Three people spoke at the October 7, 2025 public hearing expressing support for the proposed street closure. The Council closed the hearing and deferred action to a future Council meeting. As a reminder, the Administration expressed concerns with vacating the 400 South Street segment. These include the resulting inconsistent right-of-way width which would be 5 feet narrower than the rest of the corridor. Another concern is potentially limiting options if the 400 South Viaduct Trail is extended. Options listed on the motion sheet include: Adopting an ordinance vacating both the 400 South and 1100 West street segments. Adopting an ordinance vacating the 1100 West street segment and rejecting the 400 South street segment. Rejecting the ordinance vacating both street segments. The following information was provided for previous meetings. It is included again for background purposes. BRIEFING UPDATE During the September 2, 2025 briefing Council Members discussed an inconsistent width on 400 South if the proposal is approved by the Council, and that any vacated property would be sold at market value. ISSUE AT-A-GLANCE Item Schedule: Page | 2 The Council will be briefed about a proposal to vacate (or relinquish ownership of) a portion of the public right-of-way adjacent to the petitioner’s property on the southwest corner of 1100 West and 400 South. The property requested to be vacated is approximately 5 feet wide and between the property line and sidewalk along the two street facing sides of the parcel. It would not impact pedestrian use of the sidewalk. Planning staff recommended and the Commission voted 7:2 to forward a recommendation of approval to the City Council for the requested right-of-way vacation along 1100 West and a recommendation to deny the portion along 400 South. Commissioners who voted against the motion did not state their reasons for objecting to it. Aerial image of the subject property. Image courtesy of Salt Lake City Planning Division Goal of the briefing: Review the proposed partial street closure, determine if the Council supports moving forward with the proposal. POLICY QUESTION Page | 3 2. The Council may wish to request more information from Engineering and Transportation about why they recommended denying the application 3. The Council may wish to ask what the impact would be if the 1100 West portion was vacated and not the 400 South section, as recommended by Transportation. ADDITIONAL INFORMATION 400 South (Poplar Grove Boulevard) is an arterial street with high traffic volume. The street is approximately 106 feet wide between the property lines of the subject property and Franklin Elementary, which is directly across the street. The street consists of traffic lanes in both directions, bike lanes, sidewalks, curb and gutter. 1100 West is a local street with low traffic volume and dead ends at a gate to the Neighborhood House Riverside Adult Day Center. The street is approximately 66 feet wide between property lines and includes curb, gutter, and sidewalks on both sides. The applicant’s property is the only one on their side of this section of 1100 West. The applicant requested a variance in 2024 to reduce setback standards to allow more buildable space. The Appeals Hearing Officer determined that the strict variance standards were not met and denied the request. Street vacations are processed like alley vacations following the standards found in Salt Lake City Code Chapter 14.52: Disposition of City Owned Alleys. At least one of the following policy considerations must be met: A. Lack of Use B. Public Safety C. Urban Design D. Community Purpose Planning staff found the lack of use consideration is applicable, noting that the 1100 West portion has been used for many years as private yard space with obstructions that block its use as a right-of-way. Planning stated the other policy considerations are not applicable. KEY CONSIDERATIONS Planning staff identified four key considerations during analysis of this proposal which are found on pages 5-7 of the Planning Commission staff report and summarized below. For the complete analysis please see the staff report. Consideration 1 – How the Proposal Helps Implement City Goals & Policies Identified in Adopted Plans Planning reviewed the proposed partial street vacation and how it aligns with the following City plans: Westside Master Plan (2014) Salt Lake City Urban Design Element (1990) Major Street Plan (2018) It is Planning staff’s opinion that the proposed street vacation neither supports nor violates policies of goals of the Westside Master Plan. They found selling the property does not have a stated public benefit as called for in the Urban Design Element, though the City would benefit financially from sale of the land. Finally, Planning determined that because the land is between the public sidewalk and private property, vacating the property would not impact the stated purpose of arterial streets found in the Major Street Plan. Page | 4 Consideration 2 – Utah State Code Section 10-9a-609.5 of Utah State Code grants power to cities to vacate streets upon the request of the governing body or a property owner: 10-9a-609.5. Petition to vacate a public street. (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. Consideration 3 – Salt Lake City Ordinance As discussed above, street vacations are processed like alley vacations following the standards found in Salt Lake City Code Chapter 14.52: Disposition of City Owned Alleys. Consideration 4 – Department Review Comments The City Transportation and Engineering Divisions expressed concerns with the requested partial street vacation. Transportation recommended denial of the vacation along 400 South citing the need for a consistent right-of-way for potential improvements including widening the street and possible extension of the 400 South trail. However, they did not object to the 1100 West vacation. Engineering did not support reducing the right-of-way and recommended retaining consistent width throughout the street. PROJECT CHRONOLOGY February 25, 2025 – Application for street vacation was received by Planning Division. March 10, 2025 – Petition assigned to Andy Hulka, Principal Planner. March 18, 2025 – o Notice was sent to the Poplar Grove Community Council informing them of the petition. The 45- day input and comment period began. o Early notification was sent to property owners within 300 feet of the applicant’s property. May 2, 2025 – The 45-day public comment period for recognized organizations ended. May 16, 2025 – Public hearing notice signs posted on the property. May 28, 2025 – The Planning Commission held a public hearing and made a recommendation to the City Council to approve the right-of-way portion adjacent to 1100 West and a recommendation to deny the requested right-of-way portion adjacent to 400 South. June 25, 2025 – Planning staff requested ordinance from the Attorney’s Office. July 28, 2025 – Ordinance received from the Attorney’s Office. August 6, 2025 – Transmitted to City Council Office. STREET CLOSURE PROCESS Page | 6 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 (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. (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; Page | 7 (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. Salt Lake City // Planning Division www.slc.gov/planning City Council // September 2, 2025 PLNPCM2025-00178 PARTIAL STREET VACATION 1101 W 400 S Salt Lake City //Planning Division www.slc.gov/planning SUBJECT PROPERTY Salt Lake City //Planning Division www.slc.gov/planning BACKGROUND & REQUEST •Existing home on property is over 100 years old and currently vacant. •Owners are interested in building a new home on the property. •A request for variance from setback standards was denied in 2024. •Current request is to vacate a 5-foot strip of public right-of-way between the property lines and sidewalk. Salt Lake City //Planning Division www.slc.gov/planning 400 SOUTH (POPLAR GROVE BLVD) STREET CONTEXT •City Arterial Street, approximately 106’ wide. 400 SOUTH VIADUCT TRAIL •The Transportation Division recommends preserving right-of-way along 400 South to facilitate future improvements. Salt Lake City //Planning Division www.slc.gov/planning 1100 WEST STREET CONTEXT •Local Street, approximately 66’ wide. •Dead end street leading to the Neighborhood House Riverside Adult Day Center. •Retaining wall and stairs encroaching into the right-of-way area. •No future transportation improvements planned for this street. Salt Lake City //Planning Division www.slc.gov/planning PC RECOMMENDATION The Planning Commission voted on May 28th to recommend that the City Council approve the request to vacate the portion of right-of-way adjacent to 1100 West and deny the request to vacate the portion of right-of-way adjacent to 400 South. Salt Lake City //Planning Division www.slc.gov/planning Andy Hulka Senior Planner andy.hulka@slc.gov