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SALT LAKE CITY ORDINANCE
No. 28 of 1999
(Closing a portion of Main Street between North Temple and South Temple Streets)
Affects Sidwell Nos.
08-36-479-001
09-31-352-001
09-31-352-003
09-31-352-008
09-31-352-009
AN ORDINANCE CLOSING A PORTION OF MAIN STREET LOCATED BETWEEN NORTH TEMPLE AND SOUTH TEMPLE STREETS, PURSUANT TO PETITION NO. 400-98-79.
WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the City’s interest in the portion of the street described below, is not necessary for use by the public as a street and that closure of this portion of the street will not be adverse to the general public’s interest; and
WHEREAS, the title to the closed portion of the street shall remain with the City until sale for fair market value or the receipt of equivalent value in accordance with Salt Lake City Code Chapter 2.58;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That a portion of Main Street located between North Temple and South Temple Streets, which is the subject of Petition No. 400-98-79, and which is more particularly described on Exhibit “A” attached hereto, be, and the same hereby is, closed and declared no longer needed or available for use as a street.
SECTION 2. Reservations and Disclaimers. The above closure is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City’s water and sewer facilities. Said closure is also subject to any existing rights-of-way or easements of private third parties.
SECTION 3. Conditions. This partial street closure is conditioned upon payment to the City of the fair market value of the closed portion of the street, or its equivalent, and title to this closed portion of the street shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58.
This partial street closure is also conditioned upon compliance with all of the conditions identified by the Salt Lake City Planning Commission, a modified summary of which is attached hereto as Exhibit “B”.
SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The City Recorder is instructed not to publish or record this ordinance until the conditions identified above have been met, as certified by the Salt Lake City Property Manager and the Salt Lake City Planning Director. If the conditions identified above have not been met within one year from the date of this ordinance, the City Recorder is instructed not to publish or record this ordinance, which shall become null, void and have no effect.
Passed by the City Council of Salt Lake City, Utah, this 13th day of April, 1999.
Bill No. 28 of 1999.
Published: May 3, 1999.
EXHIBIT “B”
Modified summary of conditions imposed by the Salt Lake City Planning Commission:
1. The City shall retain a perpetual easement for a 24-hour public pedestrian and bicycle access from North Temple to South Temple within the existing street right-of-way. The easement shall have no perimeter gates or fences along the North Temple or South Temple rights of way, but Petitioner may erect decorative fencing and similar structures which are commonly used in similar plazas, with written approval of the Planning Director. The plaza shall be planned and improved so as to maintain, encourage, and invite public use.
2. The Petitioner shall submit a construction schedule showing the traffic impacts of its construction work related to other construction projects in the area which are already underway or planned, and what mitigation measures are planned.
3. Construction work on the underground parking structure and plaza shall be performed in such a way that it does not interfere with the travel lanes on North Temple and South Temple streets during the reconstruction of South Temple Street.
4. A utility easement shall be retained by Salt Lake City through the former Main Street right-of-way for all existing public and private utilities.
5. To protect the view corridor to the Pioneer Museum and through to Ensign Peak no occupied buildings shall be constructed on the former Main Street right-of-way, except that Petitioner may erect and maintain one or more kiosks or information booths which may be occupied by attendants.
6. In the former Main Street right-of-way, all structures and buildings/uses (i.e. fountains, kiosks, trellises) ancillary to a pedestrian plaza that require a building permit shall be subject to approval by the Salt Lake City Planning Director.
7. The Planning Director shall have final approval of the landscaping plan and pedestrian plaza.
8. The zoning for the plaza shall be determined according to Section 21A.22.030 A of the Salt Lake City Code. Therefore the zoning will be UI and D-1 and the centerline of the former Main Street right-of-way shall be the boundary of the two districts.
9. An emergency vehicle access easement shall be established and constructed on the west side of the plaza through the former Main Street right-of-way.
10. Petitioner shall use its best efforts to discourage any through access from the parking garage onto Main Street northbound through the Capitol Hill neighborhood.
11. The pedestrian plaza and parking garage shall meet all applicable City Codes and requirements from all City Divisions and Departments.
12. Any construction activity associated with the new parking structure and/or plaza that will impact travel lanes on either North Temple or South Temple shall be completed before construction work is started on the South Temple reconstruction project between Main Street and 700 East.
13. The Petitioner shall participate on a special task force comprised of the City, the Utah Department of Transportation, and neighborhood representatives to identify and recommend solutions to the longstanding traffic issues in these neighborhoods, including, but not limited to:
A. Excessive traffic volumes entering the Avenues neighborhood on Second Avenue;
B. Excessive commuter traffic using Victory Road, 600 North, Columbus Street, Main Street, and other Capitol Hill neighborhood streets; and
C. Jurisdictional roadway and/or operational transfer agreements between the City and UDOT affecting traffic control and operational issues such as traffic signal placement and timing, route signing, employment of traffic calming techniques, etc.
14. The Petitioner shall hold an open house to gain public input for the design of the pedestrian plaza before final approval.