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HomeMy WebLinkAboutLegislative Version Ordinance - 3/24/2026LEGISLATIVE COPY V1 1 Project Title: Disposition of City Owned Rights of Way Amendments Petition No.: PLNPCM2025-00423 Version: Planning Commission Recommended Date Prepared: March 6, 2026 Action by Planning Commission: Recommended 9/24/2025 This proposed ordinance makes the following amendments (for summary purposes only): • Rewrites chapter 14.52 to address disposition of streets and alleys • Amends Section 20.16.050 to make the disposition process consistent in the context of a subdivision application Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made as part of the Planning Commission recommendation are highlighted in yellow. All other text is existing with no proposed change. 1. Amends the list of chapters at the beginning of Title 14 as follows: 1 2 TITLE 14 3 STREETS, SIDEWALKS AND PUBLIC PLACES 4 Accommodation Of Bicyclists And Pedestrians At All City Owned Transportation Facilities In The 5 Public Right-Of-Way 14.06 6 Street And Building Numbering System 14.08 7 Monuments 14.10 8 Street And Sidewalk Use 14.12 9 Sidewalk Use Restrictions 14.20 10 Streets And Sidewalks; Unlawful Acts 14.28 11 Construction, Excavation And Obstructions In The Public Right-Of-Way 14.32 12 News Racks 14.36 13 Sidewalk Entertainers And Artists 14.38 14 Utility Poles And Wires 14.40 15 Railroads 14.44 16 Decorative Street Lighting Program 14.48 17 Disposition Of the City Owned AlleysPublic Way 14.52 18 Dedication Of Private Streets To Public Ownership 14.54 19 Wireless Facilities In The Public Way 14.56 20 21 2. Deletes and replaces Chapter 14.52 as follows: 22 23 CHAPTER 14.52 DISPOSITION OF CITY OWNED ALLEYS 24 SECTION: 25 14.52.010: Disposition Of City's Property Interest In Alleys 26 14.52.020: Policy Considerations For Closure, Vacation Or Abandonment Of City Owned Alleys 27 14.52.030: Processing Petitions 28 14.52.040: Method Of Disposition 29 14.52.050: Petition For Review 30 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: By: ___________________________ Cameron Johnson, Senior City Attorney LEGISLATIVE COPY V1 2 31 14.52.010: DISPOSITION OF CITY'S PROPERTY INTEREST IN ALLEYS: 32 The City supports the legal disposition of Salt Lake City's real property interests, in whole or in part, with 33 regard to City owned alleys, subject to the substantive and procedural requirements set forth herein. 34 35 14.52.020: POLICY CONSIDERATIONS FOR CLOSURE, VACATION OR ABANDONMENT OF 36 CITY OWNED ALLEYS: 37 The City will not consider disposing of its interest in an alley, in whole or in part, unless it receives a 38 petition in writing which demonstrates that the disposition satisfies at least one of the following policy 39 considerations: 40 A. Lack Of Use: The City's legal interest in the property appears of record or is reflected on an 41 applicable plat; however, it is evident from an on site inspection that the alley does not physically exist or 42 has been materially blocked in a way that renders it unusable as a public right-of-way; 43 B. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity, 44 unsafe conditions, public health problems, or blight in the surrounding area; 45 C. Urban Design: The continuation of the alley does not serve as a positive urban design element; or 46 D. Community Purpose: The petitioners are proposing to restrict the general public from use of the alley 47 in favor of a community use, such as a neighborhood play area or garden. 48 49 14.52.030: PROCESSING PETITIONS: 50 There will be three (3) phases for processing petitions to dispose of City owned alleys under this section. 51 Those phases include an administrative determination of completeness; a public hearing, including a 52 recommendation from the Planning Commission; and a public hearing before the City Council. 53 A. Administrative Determination Of Completeness: The City administration will determine whether or 54 not the petition is complete according to the following requirements: 55 1. The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors 56 owning property which abuts the subject alley property; 57 2. The petition must identify which policy considerations discussed above support the petition; 58 3. The petition must affirm that written notice has been given to all owners of property located in the 59 block or blocks within which the subject alley property is located; 60 4. A signed statement that the applicant has met with and explained the proposal to the appropriate 61 community organization entitled to receive notice pursuant to title 2, chapter 2.60 of this Code; and 62 5. The appropriate City processing fee shown on the Salt Lake City consolidated fee schedule has 63 been paid. 64 B. Public Hearing And Recommendation From The Planning Commission: Upon receipt of a complete 65 petition, a public hearing shall be scheduled before the Planning Commission to consider the proposed 66 disposition of the City owned alley property. Following the conclusion of the public hearing, the Planning 67 Commission shall make a report and recommendation to the City Council on the proposed disposition of 68 the subject alley property. A positive recommendation should include an analysis of the following factors: 69 1. The City Police Department, Fire Department, Transportation Division, and all other relevant City 70 departments and divisions have no reasonable objection to the proposed disposition of the property; 71 2. The petition meets at least one of the policy considerations stated above; 72 3. Granting the petition will not deny sole access or required off street parking to any property 73 adjacent to the alley; 74 4. Granting the petition will not result in any property being landlocked; 75 5. Granting the petition will not result in a use of the alley property which is otherwise contrary to 76 the policies of the City, including applicable master plans and other adopted statements of policy which 77 address, but which are not limited to, mid block walkways, pedestrian paths, trails, and alternative 78 transportation uses; 79 LEGISLATIVE COPY V1 3 6. No opposing abutting property owner intends to build a garage requiring access from the property, 80 or has made application for a building permit, or if such a permit has been issued, construction has been 81 completed within twelve (12) months of issuance of the building permit; 82 7. The petition furthers the City preference for disposing of an entire alley, rather than a small 83 segment of it; and 84 8. The alley property is not necessary for actual or potential rear access to residences or for accessory 85 uses. 86 C. Public Hearing Before The City Council: Upon receipt of the report and recommendation from the 87 Planning Commission, the City Council will consider the proposed petition for disposition of the subject 88 alley property. After a public hearing to consider the matter, the City Council will make a decision on the 89 proposed petition based upon the factors identified above. 90 91 14.52.040: METHOD OF DISPOSITION: 92 If the City Council grants the petition, the City owned alley property will be disposed of as follows: 93 A. Low Density Residential Areas: If the alley property abuts properties which are zoned for low density 94 residential use, the alley will merely be vacated. For the purposes of this section, "low density residential 95 use" shall mean properties which are zoned for single-family, duplex or twin home residential uses. 96 B. High Density Residential Properties And Other Nonresidential Properties: If the alley abuts properties 97 which are zoned for high density residential use or other nonresidential uses, the alley will be closed and 98 abandoned, subject to payment to the City of the fair market value of that alley property, based upon the 99 value added to the abutting properties. 100 C. Mixed Zoning: If an alley abuts both low density residential properties and either high density 101 residential properties or nonresidential properties, those portions which abut the low density residential 102 properties shall be vacated, and the remainder shall be closed, abandoned and sold for fair market value. 103 104 14.52.050: PETITION FOR REVIEW: 105 Any party aggrieved by the decision of the City Council as to the disposition of City owned alley property 106 may file a petition for review of that decision within thirty (30) days after the City Council's decision 107 becomes final, in the 3rd District Court. 108 109 110 CHAPTER 14.52 DISPOSITION OF CITY OWNED PUBLIC WAY 111 SECTION: 112 14.52.010: Purpose 113 14.52.020: Applicability 114 14.52.030: Definitions 115 14.52.040: Application Requirements 116 14.52.050: Process to Close or Vacate City Owned Streets and Alleys Within the Public Way 117 14.52.060: Factors for Closing or Vacating City Owned Streets and Alleys Within the Public Way 118 14.52.070: Disposing of Vacated City Owned Streets and Alleys Within the Public Way 119 14.52.080: Closures 120 14.52.090: Appeals 121 122 123 14.52.010: PURPOSE: 124 125 The purpose of this chapter is to establish a process for the city council to decide if a city owned street or 126 alley within the public way should be closed or vacated. While the city expresses a preference for the 127 retention of all public ways, the decision to close or vacate a city owned public way is at the discretion of 128 the city council. 129 130 LEGISLATIVE COPY V1 4 131 14.52.020: APPLICABILITY: 132 133 A. This chapter applies to any petition to close or vacate a city owned street or alley within the public 134 way. 135 136 B. Petitions that request to close or vacate a public street located within a platted subdivision are also 137 subject to the subdivision amendment process in Title 20. 138 139 140 14.52.030: DEFINITIONS: 141 142 A. The following definitions apply to the terms found in this chapter. 143 144 1. Alley: A public way within a block primarily intended for service and access to abutting 145 property by vehicles. An alley is not designed for general travel and not used to certify property 146 addresses. 147 148 2. City Owned: The public way that is subject to the jurisdiction of Salt Lake City. 149 150 3. Closure: The act of eliminating the thoroughfare nature or passageway access of the general 151 public to a city owned public way, while retaining public ownership of the property. 152 153 4. Public Way: As cited in City Code 14.32.015, means and includes all public rights of way and 154 easements, pathways, walkways and sidewalks, public streets, public roads, public highways, 155 public alleys, and public drainageways including the surface, subsurface and above surface space, 156 now or hereafter existing as such within the city. It does not, however, include utility easements 157 not within public ways of the city. 158 159 5. Street: A vehicular way which may also serve for all or part of its width as a way for pedestrian 160 traffic, whether called street, highway, thoroughfare, parkway, throughway, road, avenue, 161 boulevard, lane, place, alley, mall or otherwise designated. 162 163 5. Vacation: The act of eliminating, in full or in part, city ownership of a public way. 164 165 166 14.52.040: APPLICATION REQUIREMENTS: 167 168 A. Eligibility to Apply: 169 170 1. The mayor may initiate a petition to close or vacate a city owned street or alley within the 171 public way by signature on a document that includes the purpose for the closure or vacation and 172 describing the specific location. 173 174 2. The city council may initiate a petition to close or vacate a city owned street or alley within the 175 public way by adopting a legislative intent. 176 177 3. A property owner who owns land that abuts a public way may request to close or vacate a city 178 owned street or alley within the public way by submitting a petition and all application materials 179 as provided for in this chapter. 180 181 LEGISLATIVE COPY V1 5 B. Petition Requirements: 182 183 1. A petition submitted by a property owner that is not the city council or the mayor shall include 184 the following information: 185 186 a. A completed application on a form provided by the planning director. 187 188 b. The signatures of at least 75% of the property owners owning property that abut the portion 189 of the public way that is proposed to be closed or vacated. 190 191 c. A written description of the purpose and reasons for the proposed closure or vacation. 192 193 d. A signed affidavit from the applicant that (1) all owners abutting the public way have 194 received a written notice of the applicant’s desire to close or vacate the public way, and (2) 195 all operators of utilities located within the bounds of the public way have received a written 196 notice of the applicant’s desire to close or vacate the public way. 197 198 e. A description of any existing structure that may be located within the public way, including 199 the address of the abutting property where the structure may be located. 200 201 f. A map of the proposed public way that is subject to the closure or vacation that includes the 202 dimensions of the approximate width, length, and area of the proposal. 203 204 g. A written explanation of how the proposed closure or vacation aligns with the factors in 205 14.52.050. 206 207 h. All required fees as outlined in the consolidated fee schedule. 208 209 2. If a petition is initiated by the mayor or the city council, then such petition shall identify the 210 department that will submit to the planning director: 211 212 a. The name and address of each owner of record of land that is adjacent to the public way 213 that is to be closed or vacated or accessed exclusively by or within 300 feet of the public 214 way. 215 216 b. Proof of written notice to operators of utilities located within the bounds of the public way 217 sought to be vacated or closed. 218 219 c. The signature of each owner of record identified in subsection 2a that consents to the 220 vacation or closure. 221 222 223 14.52.050: PROCESS TO CLOSE OR VACATE CITY OWNED STREETS OR ALLEYS WITHIN 224 THE PUBLIC WAY: 225 226 A. Application Submittal: The petition shall be submitted to the planning director with a copy to the 227 City Engineer. After receiving the petition, the planning director shall determine if the application is 228 complete. An application may only be deemed complete if all petition requirements have been 229 submitted and fees paid. 230 231 LEGISLATIVE COPY V1 6 B. Incomplete Applications: A petitioner who fails to provide all the required information that is 232 necessary to start a comprehensive, substantive review of the application will be provided with one 233 written notice of missing submittal requirements. The notice shall itemize each item that is missing, 234 including the citation from this code and provide a deadline of 30 days to provide the missing 235 information. If a petitioner fails to submit the information or fails to negotiate a different deadline to 236 submit the information, the petition may be considered withdrawn and closed. 237 238 C. Public Engagement Period: All petitions to close or vacate a city owned street or alley within the 239 public way shall be subject to the public engagement requirements in 21A.10. 240 241 D. Public Hearing: If the planning commission holds a public hearing prior to making a 242 recommendation on the matter to the city council, notice of the public hearing shall be subject to the 243 public hearing requirements in 21A.10. Notice shall also be provided to the Utah Department of 244 Transportation as required in Utah Code 72-5-105(5)(b). 245 246 1. A public hearing shall be held by the planning commission if, after review by the relevant city 247 departments and the general public, any concerns or objections are raised based on the factors 248 described in 14.52.060. 249 250 2. The request is exempt from a public hearing and recommendation from the planning 251 commission if, after review by the City Engineer, relevant city departments, and the general 252 public, no concerns or objections are raised related to the factors described in 14.52.060. In such 253 case, the request shall proceed in accordance with 14.52.050.E with a recommendation from the 254 planning director. 255 256 E. Planning Commission Recommendation: After a public hearing, the planning commission shall 257 forward a recommendation to the city council regarding the proposed closure or vacation. The 258 recommendation shall be based on the applicable factors listed in this chapter and the evidence, or 259 lack of evidence, presented to the planning commission. The planning commission may recommend 260 approval, approval with modifications or conditions, or denial of the petition. If the planning 261 commission does not act within 90 days of the public hearing, the recommendation shall be 262 considered a denial and forwarded to the city council for decision. 263 264 F. City Council Public Hearing: The city council shall hold a public hearing before deciding on a 265 petition to close or vacate a city owned street or alley within the public way. The public hearing shall 266 be noticed in the same manner as described in 14.52.040.C. After a public hearing is held, the city 267 council may approve, approve with modifications or conditions, or deny the petition. 268 G. Appraisal and Purchase and Sale Agreement: If the city council approves a petition to close or 269 vacate a city-owned public way, and payment is required, petitioner will be required to enter into a 270 purchase and sale agreement and to remit payment to the city in an amount equal to the fair market 271 value, as determined by Real Estate Services in accordance with City Code 2.58, adjusted only as 272 authorized by the city council. The petitioner may be required to obtain, at the petitioner’s sole 273 expense, a current appraisal of the property prepared by a qualified third-party appraiser using a 274 methodology approved by the city. 275 276 H. Exceptions: 277 278 1. The provisions of this section are not required if the city is closing or vacating a public way in 279 accordance with Utah Code that exempts the petitioner from the process herein. 280 LEGISLATIVE COPY V1 7 281 282 14.52.060: FACTORS FOR CLOSING OR VACATING CITY OWNED STREETS OR ALLEYS 283 WITHIN THE PUBLIC WAY: 284 285 The following factors should be considered when deciding a petition to close or vacate a city owned street 286 or alley within the public way. A decision to close or vacate a city owned street or alley within the public 287 way is a matter committed to the legislative discretion of the city council and is not controlled by any one 288 factor and not all factors will be applicable to every petition. 289 290 A. Lack Of Use: The city's legal interest in the property appears of record or is reflected on an 291 applicable plat; however, it is evident from an on-site inspection that the right-of-way does not 292 physically exist for the purpose of providing access. When determining if lack of use exists, the city 293 should consider: 294 295 1. The lack of evidence of physical use. A gate, fence, or other similar obstruction installed to 296 prevent access to the public way that has been installed without approval from the city should not 297 be considered evidence of lack of use; 298 299 2. Evidence that the public way never functioned to provide access to properties that abut the 300 public way; 301 302 3. The presence of accessory buildings, mature trees, or other similar items that can be readily 303 identifiable from photographs, aerial or satellite images, or other records that demonstrate the 304 item has been within the boundaries of the public way prior to April 12, 1995. 305 306 B. Public Safety: 307 308 1. The existence of the public way is substantially contributing to crime, unlawful activity, unsafe 309 conditions, public health problems, or blight in the surrounding area. 310 311 2. A closure or vacation will not have a detrimental impact on the ability to provide emergency 312 access to the public way or properties abutting the public way; 313 314 C. Community Purpose: The petitioners are proposing to convert the purpose of the alley in favor of 315 a community use, such as a neighborhood play area or garden; 316 317 D. Impact on General Plan: The proposed closure or vacation does not negatively impact connectivity 318 for future development that may occur based on the general plan as defined in Title 19. For this 319 factor, the following may be considered: 320 321 1. The closure or vacation does not impact any future active transportation project by requiring 322 new drive approaches on a public street that would result in increased conflict points with the 323 active transportation infrastructure or limits the ability of the city to install active transportation 324 infrastructure. 325 326 2. The closure or vacation reduces the ability to use the city owned public way to improve overall 327 connectivity in the vicinity based on the scale and intensity of future land use identified in the 328 general plan. 329 330 LEGISLATIVE COPY V1 8 3. If the public way is specifically identified in the general plan on a map or with policies that 331 indicate the public way should be used for current or future connectivity, including a midblock 332 walkway, pedestrian path, trail, service area, access to parking, or alternative transportation uses. 333 334 4. The closure or vacation will not jeopardize the ability to implement any policy, action, or any 335 aspect of the adopted general plan. 336 337 5. The closure or vacation will not result in a dead end or cul-de-sac in area where street 338 connectivity is identified in a general plan or when continuing the street promotes access to 339 property for future development identified on the applicable future land use map. 340 341 E. Impact to Property: The proposed closure or vacation will not result in a parcel or lot being 342 deprived of access or landlocked or impact any development plans or permits on properties that 343 intend to use the public way for accessing private property. 344 345 F. Public Utilities: If the public way is considered essential for the location of future public utilities, 346 or the public way is required for access to public utility infrastructure, any necessary reservations that 347 preserve such space and access will be executed and recorded by the city prior to disposition. The 348 reservation(s) should ensure operations, maintenance (including replacement or upgrading of the 349 infrastructure), and access to subsurface, surface and aerial infrastructure. Reservations should also 350 ensure emergency access to make repairs to any infrastructure within the public way. 351 352 G . Dimensions: The existing dimensions of the public way are not necessary to provide safe and 353 reasonable public access and reducing the size of the public way is consistent with the other listed 354 factors. 355 356 357 14.52.070: DISPOSING OF VACATED CITY OWNED STREETS OR ALLEYS WITHIN THE 358 PUBLIC WAY: 359 360 A. If a vacation of a city owned street or alley within the public way is approved by the city council, 361 the area vacated shall be disposed of according to the following: 362 363 1. If the public way was created by a recorded subdivision, the vacated public way shall be split 364 down the centerline with each side of the public way vesting to the adjoining owner of record. 365 366 2. If the public way was created by a recorded subdivision but not all abutting properties are 367 within the boundaries of the recorded subdivision that the public way is, the vacated public way 368 shall be consolidated into the abutting properties that are within the boundaries of the recorded 369 subdivision. 370 371 3. If the public way is not part of a recorded subdivision, the vacated public way shall be split 372 down the centerline with each side of the public way vesting to the adjoining owner of record 373 except where prescribed by Utah State Code. 374 375 4. For vacations proposed by the city, the vacated land may be converted to a lot(s) or parcel(s) 376 for future development. 377 378 5. If the public way is partially vacated, the vacated portion may be combined with properties on 379 one side of the public way, both sides of the property, or may create a new lot or parcel. 380 381 LEGISLATIVE COPY V1 9 6. Notwithstanding the above, the area may be disposed of in any other configuration authorized 382 by Utah law. 383 384 B. Payment Required: Payment to the city shall be required prior to the disposition of the associated 385 vacated. area in the following circumstances: 386 387 1. Vacation Adjacent to High Density Residential Properties and Other Nonresidential Properties: 388 If the public way abuts properties which are designated as having any other future land use 389 designation other than low density residential as described in 14.52.070.C.1, the public way will 390 be vacated, subject to payment to the city of the fair market value of that right of way property, 391 based upon the value added to the abutting properties. 392 393 2. Vacation Adjacent to Mixed Zoning: If a public way abuts both low density residential 394 properties as defined in 14.52.070.C.1 and any other future land use designation, those portions 395 which abut the low density residential properties shall be vacated without requiring payment, and 396 the remainder shall be vacated and sold for fair market value. 397 398 C. Payment Not Required: Payment to the city shall not be required prior to the disposition of the 399 associated vacated area in the following circumstances: 400 401 1. Vacation Adjacent to Low Density Residential Areas: If the public way property abuts 402 properties which are designated on an adopted future land use map that is part of the adopted 403 general plan as having a future density of less than 25 dwelling units per acre, the public way will 404 merely be vacated without requiring payment. 405 406 2. Exchanges: The city may agree to a land transfer of the public way area that is subject to a 407 proposed vacation with other land that serves a public purpose or provides a public benefit as 408 determined by the city council. 409 410 411 14.52.080: CLOSURES: 412 413 A. Public Purpose: The city may choose to close the public way and maintain the use of the land for 414 another public purpose as authorized by applicable state code. 415 416 B. Private Purpose: Closure sought by a private property owner may be subject to a lease or 417 development agreement to reflect the maintenance responsibilities for the property. 418 419 420 14.52.090: APPEALS: 421 422 Any party aggrieved by a final decision of the city council as to the closure or vacation of city owned 423 street or alley within the public way may file a petition for review of that decision with the district court 424 within 30 days after the city council's decision becomes final.  425 426 427 3. Amends Subsection 20.16.050.B as follows: 428 429 B. A subdivision application that includes closing or vacating a public street or alley within the 430 public way or vacating an easement that the city has a right to, shall be decided by the city 431 LEGISLATIVE COPY V1 10 council after receiving a recommendation from the planning commission or the planning director 432 if no public hearing by the planning commission is required. The process shall be in accordance 433 with the requirements of Chapter 21A.10 and shall comply with all other applicable requirements 434 of 14.52. 435 436 SECTION 4. Effective Date. This Ordinance shall take effect immediately after it has been 437 published pursuant to Utah Code § 10-3-711 and § 10-3-713. 438