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HomeMy WebLinkAbout07/19/2011 - Work Session - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, JULY 19, 2011 CLIENT MATTERS THAT ARE PRIVILEGED PURSUANT TO UTAH CODE § 78B-1-137, AND f) A STRATEGY SESSION TO DISCUSS DEPLOYMENT OF SECURITY PERSONNEL, DEVICES OR SYSTEMS PURSUANT TO UTAH CODE SECTION 52-4-205 (1) (f) . This item was not held. #2 . 6: 09 : 02 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. See File M 11-5 for Announcements. #3 . 3 : 08 :42 PM RECEIVE A BRIEFING REGARDING A REQUEST TO REZONE PROPERTY LOCATED AT 2705 EAST PARLEYS WAY FROM COMMUNITY BUSINESS (CB) TO COMMUNITY SHOPPING (CS) AND CHANGE THE EAST BENCH COMMUNITY MASTER PLAN FUTURE LAND USE MAP TO BE CONSISTENT WITH THE PROPOSED REZONING. THIS ACTION WOULD FACILITATE DEMOLITION OF THE EXISTING STRUCTURE ON THE PROPERTY (A FORMER KMART STORE) AND CONSTRUCTION OF A NEW WALMART SUPERCENTER. ) PETITIONER - BALLARD SPAHR LLP REPRESENTING WALMART STORES, INC. (PETITIONS PLNPCM2010-00556 AND PLNPCM2010-00557) . View Attachments Wilford Sommerkorn, Wayne Mills, Janice Jardine, Delia Garcia, Christina Corondo, Troy Herold, Joe Perrin and Shad Vermeesch briefed the Council from the attached handouts and a power point presentation. Councilmember Martin said Walmart had passed out cards to residents . He asked what the purpose of the cards was . Ms . Garcia said the cards were to demonstrate whether there was support and how broad that support was for rezoning the property. Councilmember Martin said there was certain information required and needed for a petition. He said the Council needed to review that information to make sure the information was at least at State standard for a petition. Councilmember Love said the Council could set the date of August 23, 2011 for a public hearing. All Council Members were in favor of holding a public hearing. #4. 5: 00 : 38 PM RECEIVE A BRIEFING REGARDING A RESOLUTION AUTHORIZING A LOAN FROM SALT LAKE CITY TO THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE AND SCIENCE (THE LEONARDO) FOR ITS OPERATIONS. SALT LAKE CITY HAS FUNDS AVAILABLE IN A REVOLVING LOAN FUND (RLF) TO STIMULATE BUSINESS DEVELOPMENT; THE LEONARDO IS APPLYING FOR A LOAN IN THE AMOUNT OF $600, 000. View Attachments Jennifer Bruno, Dan Velazquez, Rick Graham and Bianca Shreeve briefed the Council from the attached handouts. Council Members were in favor of moving forward with the approval of the loan. 11 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, JULY 19, 2011 #5. RECEIVE A BRIEFING REGARDING A RESOLUTION APPOINTING A BOARD OF EQUALIZATION AND REVIEW FOR THE NORTH TEMPLE VIADUCT, SPECIAL ASSESSMENT AREA NO. 109014; SETTING THE DATES FOR THE BOARD OF EQUALIZATION TO HEAR AND CONSIDER OBJECTIONS AND CORRECTIONS TO ANY PROPOSED ASSESSMENT; AUTHORIZING THE CITY RECORDER TO PUBLISH AND MAIL A NOTICE OF MEETINGS OF THE BOARD OF EQUALIZATION AND REVIEW; AND RELATED MATTERS. (THE BOE HEARING PROVIDES AN OPPORTUNITY FOR PROPERTY OWNERS TO DISCUSS WITH THE BOARD ANY ACTUAL COSTS THAT ARE BEING PROPOSED. THE BOARD WILL HEAR AND CONSIDER ANY OBJECTIONS AND MAKE CORRECTIONS OF ANY PROPOSED ASSESSMENTS WHICH THE BOARD MAY DEEM UNEQUAL OR UNJUST. ) View Attachments This item was not held. #6. 5:40 :32 PM RECEIVE AN UPDATE REGARDING THE CREATION OF A STREET LIGHTING ENTERPRISE FUND FOR THE PURPOSE OF MAINTAINING STREET LIGHTS CITY-WIDE. View Attachments Jeff Niermeyer, Tim Harpst, Russell Weeks, Mike Barry and Jim Lewis briefed the Council from the attached handouts . The meeting adjourned at 6 : 23 p.m. \1/4, Aa COUNCIL CHAIR /'.•' • .r ER This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held July 19, 2011. bj 11 - 3 SALT LAKE CITY COUNCIL STAFF REPORT DATE: July 14,2011 SUBJECT: Petitions PLNPCM2010-00556&PLNPCM2010-00557 • Ballard Spar representing Walmart Stores,Inc. • Request to change the East Bench Community Master Plan Future Land Use Map and rezone property located at 2705 E. Parleys Way from the Community Business CB to the Community Shopping CS zoning district. AFFECTED COUNCIL DISTRICTS: If the ordinance is adopted the master plan and rezoning changes would affect Council District 7 STAFF REPORT BY: Janice Jardine,Land Use Policy Analyst ADMINISTRATIVE DEPT. Community Development Department,Planning Division AND CONTACT PERSON: Wayne Mills,Senior Planner COUNCIL PROCESS: The Council is scheduled so receive a briefing on July 19. The Administration has provided a comprehensive staff report. This document summarizes sections of that and identifies potential matters at issue.The following items have been brought forward from the Administration's transmittal for ease of reference and additional background purposes. ATTACHMENTS A. Vicinity map B. February 9,2011 Planning staff report C. Retail Sales Capture/Leakage Analysis(prepared by Planning staff) D. February 9,2011 Planning Commission minutes E. Community Business CB and Community Shopping CS zoning regulations,use comparison and map F. Public Comment • Comments received in the Council office • Council sponsored Open City Hall item 1 KEY ELEMENTS: This section of the Council staff report is divided into 3 subsections: I. General Process information II. Master Plan Amendment information III. Zoning Information (Please note that the Matters at Issue and Policy Considerations begin on pg.8) I. General Process information A. Previous Petitions and new 2010/2011 Proposal-What changed?(Please see the Planning staff report for details.pgs.4-5) 1. In June 2007,Walmart submitted the same two types of petitions as those reviewed at the February 9,2011 Planning Commission meeting.At that time,the preliminary development plan included an 115,060 sq.ft.retail building with a 5,057 sq.ft.garden center.In September 2008,the Planning Commission reviewed the petitions in a public hearing and voted to forward a recommendation of denial to the City Council.Walmart withdrew their petitions before the City Council considered the requests. 2. According to the Planning staff report,the preliminary development plan submitted with these new petitions reduces the size of the retail building to 91,750 sq.ft.and eliminates the garden center.The height of the building would average 26 feet with a maximum height of 33 feet.The new plan includes designated walkways between Foothill Drive and Parleys Way.In addition,the new plan provides a 1.15 acre parcel for additional development.Walmart representatives have indicated that they have no specific plans for the site,but would like to work with the community to determine the best use.They noted that if the community does not want another use on the property,the area would be used for additional parking. B. Due to a negative recommendation from the Planning Commission,an ordinance has not been prepared for Council consideration.An ordinance will be prepared by the City Attomey's office prior to or after the public hearing,upon request of the Council C. The proposed master plan change and rezoning would be the first step to allow demolition of the existing building(former Kmart store)and redevelopment of property located at 2705 E.Parleys Way for a new big box/superstore retail business(Walmart Supercenter).The property is approximately 10.56 acres in size.(Please see the attached vicinity map for location details.ATTACHMENT A) D. The City is not reviewing Walmart's preliminary development plans. (That will happen later if the rezone and master plan requests are approved.)Walmart has submitted a preliminary site plan;however, site plan and design approval has not been requested at this time. E. If the property is rezoned and the master plan changed,Walmart would be required to obtain Planned Development approval from the Planning Commission based on a specific set of design criteria provided in the zoning regulations.This allows the Planning Commission to require certain site design elements to mitigate impacts specific to the site and surrounding area. F. If the property is not rezoned,Walmart would still be able to open a new store in the existing building but would be limited in expanding or making improvements to the building. 2 G. Walmart has obtained a permit to remodel the existing building. They have the right to remodel and open a store whether or not the City approves the rezone and master plan change. H. Surrounding land uses include commercial/office uses to the east,multi-family residential uses to the north(Foothill Place Apartments),single-family residential uses to the south across Parleys Way and commercial/office used directly west with single-family residential uses to the northwest on Stringham Avenue and to the southwest across Parleys Way. I. A development and zoning history of the property is provided in the Planning staff report. (Please see the Planning staff report,"Purpose of Request",for details.pgs.3-4.) J. According to the Planning staff report,the Planning Division has not received comments from applicable City Department/Divisions that cannot reasonably be fulfilled or that warrant denial of the petitions.Any development proposal will be required to comply with City standards and regulations and demonstrate that there are adequate services to meet the needs of the project. K. The public process included presentations to the East Bench,Sugar House,and Sunnyside East Community Councils,Open City Hall online public comment forum(sponsored by the City Council- June 29,2011 and the Planning Division-October 2010),written notification of the Planning Commission hearing to property owners in the surrounding area,Community Council Chairs and the Planning Division electronic list serve. Notice was also posted on the City's website.Walmart also conducted their own public support campaign at some of their local Walmart stores. (Detailed summaries of public comments can be found in the Planning staff report,pgs.5-7 and in the Planning staff report Attachments C,D,and F.) L. On February 9,2011,the Planning Commission held a public hearing and,based on the information presented in the staff report and at the public hearing,voted six to one to recommend that the City Council deny Walmart's proposal to rezone the property and change the Future Land Use Map in the East Bench Community Master Plan.The Planning staff report provided options and an analysis of the CB versus CS zones.(Please see the Planning staff report and the Planning Commission minutes for details ATTACHMENTS B&D). The Planning staff report notes: 1. There were 91 public comment cards submitted in the hearing with 48 people in support and 43 opposed.The Planning Commission minutes provide of summary of comments made in support and opposition of the petitions. 2. Comments made both in support and in opposition closely reflected the comments sent to the Planning staff prior to the public hearing. 1. The one Commissioner in support of the proposed changes noted: a. A big box retailer was once allowed on the site and can continue. b. The only way that the City can ensure that the future Walmart store is developed properly is to rezone the property. c. The property is more in common with the Community Shopping CS zone than the Community Business CB zone. d. Changing the zoning would not significantly alter the East Bench Master Plan. 2. Individual Commissioners who did not support the proposed amendments made the following points: a. The City needs to consider the long term vision for the property and what zoning is appropriate. The issue is not the development of a new Walmart store. b. The existing zoning needs to remain in place long enough to achieve the community vision. c. The community does not want a big box store. 3 d. The City does not need to rush into amending the master plan.Sufficient time is needed to achieve the master plan goals. e. Developers make a mistake in thinking that they can do whatever they want with the land.The land really belongs to the people and it is the City's responsibility to ensure that the community's goals are achieved. f. Development should not drive the master plan.The master plan should drive development. B. Master Plan information 1. State law does not provide criteria for master plan review. In the recent past,Planning staff has provided the following information regarding master plan changes. a. The Salt Lake City Zoning Ordinance does not specifically address nor provide criteria for the evaluation of proposed master plan changes. b. Utah State Law provides a specific noticing requirement regarding master plan amendment requests. c. The Zoning Ordinance specifies that all master plans or general plans adopted by the Planning Commission and City Council for the city or an area of the city,shall serve as an advisory guide for land use decisions. d. Analysis of relevant City adopted master plans and polices are used to evaluate proposed master plan changes. 011 e. Essentially,it is incumbent upon Planning staff to provide a recommendation based on policies in any related adopted plans regarding whether a proposed land use change is appropriate or not. 2. The Planning staff report provides a detailed discussion,analysis and findings relating to the proposed master plan amendment.Analysis and findings were evaluated in the Planning staff report and considered by the Planning Commission. (Please see the Planning staff report for details. pgs. 7-8 and 11-14. ) 3. The following Master Plans/Policy documents were used in Planning staffs analysis: • East Bench Master Plan(1987/1996) • Transportation Master Plan(1993) • City Vision and Strategic Plan(1993) 4. The Planning staff report notes that the proposed master plan amendment does not substantially contradict any of the other policies,goals or strategies of the East Bench Master Plan and that modifying the master plan would not substantially impact the integrity of either the community or the master plan.Key points are summarized below. a. The East Bench Master Plan was adopted in 1987 and is one of the oldest master plan documents in the City and may not reflect current community goals. b. When the Plan was adopted,the Kmart store was operational,was a permitted use,and complied with the"Neighborhood Business"Future Land Use Map designation in the Plan. c. In 1995,the future land use designations in all adopted master plans were changed as part of the citywide zoning rewrite project to be consistent with the new zoning classifications. d. The Plan itself was not changed to indicate whether a big box retail use,such as Kmart,would no longer be appropriate at this site. e. Goals and policies from the Plan that maybe applicable when analyzing the proposed master plan amendment are listed below. (Please see the Planning staff report for a detailed discussion of each item. pgs.12-14) • Wholesale,warehouse and other general commercial uses are not permitted. • Many residents desire additional services in their community. 4 • Redevelopment or at least renovation of some business properties...is quite likely and is considered the most desirable approach to meeting future business needs... • Major zoning changes...are neither anticipated nor encouraged.Changes involving expansion of existing business sites in response to documented needs should be reviewed cautiously and approved sparingly. • The city should not approve any zoning change that will result in the removal of homes.The community is so completely developed that a change of zoning in most areas would negatively impact surrounding residential properties. • More efficient use of existing business properties is the preferred approach to meet future business needs. • A gateway center should be located near the entrance to the city...the Parleys Way site should be considered only if the other sites prove unworkable. 5. Retail Sales Capture/Leakage Analysis (Please see the Planning staff report for details. pgs.12-13 and ATTACHMENT C—Retail Sales Capture/Leakage Analysis at the end of this staff report.) a. Planning staff conducted a limited study to determine if there is sufficient retail to support the East Bench residents and found that there is a need for additional retail businesses.They note that this is not a surprise considering the East Bench Master Plan states that less than 2%of the land acreage in the community is occupied by business uses. b. This study was done only for the purpose of this request and did not address other community needs,such as the potential need for additional residential land uses. c. A comprehensive review and update(if needed)of the East Bench Master Plan would be required in order to address community needs across-the-board. d. Additional retail services can be provided on the subject property in both the existing CB district and proposed CS district. e. Potential sales are calculated by determining the per capita sales in a larger comparison area, multiplying that by the population of the subject target area to determine the potential sales,and then adjusting the potential sales for a difference in the trade area and larger area income.The final result of the analysis attempts to determine if money is being spent within the target area (capture)or if money is being spent outside of the target area(leakage). f. The analysis included three target areas defined by zip code: • 84108 • 84108,84112,84113,84102,84105,84106 • 84108,84112,84113,84102,84105,84106,84109 g. Analysis shows that in the 84108 zip code area,potential sales greatly exceed the actual sales, with the exception of the food store sector. h. As the study area expands in size,the analysis still shows that additional retail services could be needed in the area,with the exception of food stores. HI. Zoning information 1. Nonconforming use and noncomplying structure. (Please see the Planning staff report for details.pgs 3-4) a. The property was rezoned in 1995 to Community Business CB as part of the citywide rezoning project.At that time,Kmart was still considered a permitted use as a retail goods establishment. As a result of the rezoning,the structure on the property became non-complying with the zoning area regulations in the CB zoning district. 5 b. In January 2004 and November 2005,the City changed the zoning regulations to identify different types of retail uses(Conventional Department Stores,Mass Merchandising Store, Specialty Store,Superstore and Hypermarket Store,and Warehouse Club Store)and identified zoning districts in which the uses would be allowed.The CB zoning district was changed to allow only"Retail goods establishments"and"Retail services establishments"as permitted uses. Under the new definitions,Kmart was considered a"Superstore and Hypermarket Store",which is not allowed in the CB zone;therefore,Kmart became a nonconforming use. c. The zoning regulations allow continuation of a noncomplying structure with a nonconforming use even if property ownership changes.Expansion of noncomplying buildings is permitted to a limited extent.This would impact improvements of the building's overall design. d. Walmart has obtained a permit to remodel the existing building and open a store if the City does not approve the rezone and master plan changes. 2. Commercial Business CB and Commercial Shopping CS zoning information a. The Planning staff report provides a detailed discussion,analysis and findings for the proposed rezoning request.Key points are summarized below.Analysis and findings were evaluated in the Planning staff report and considered by the Planning Commission. (For details,please see the Planning staff report for discussion,analysis and findings.pgs.7-8 and 11-14 and Attachment E —CB and CS zoning regulations,use comparison and current zoning map at the end of this staff report.) b. The CB and CS districts are both commercial zoning districts and allow similar uses.The main difference is that the CS district allows uses that require larger land area,such as commercial recreation centers,amusement parks,motion picture studios and big box retail uses. c. It is essentially the scale or size of buildings that are different between the two zoning districts. d. The CS district is generally characterized by larger parcels,or a combination of smaller parcels that function as a larger parcel,with controlled driveway access that serves one large business or a combination of businesses.Properties are generally located along arterial streets that serve as major thoroughfares. • Examples of CS zoned areas include Trolley Square,Plaza 700 Shopping Center(1740 West 700 North),Brickyard Plaza,and Foothill Village. e. The CB zoning district is generally characterized by smaller parcels that are owned and operated independently with driveway access serving one parcel or use.Buildings can be placed closer to the street frontage.Parcels located in the CB zoning district are more closely integrated with surrounding residential land uses and have direct pedestrian access by way of existing public sidewalks.Properties are generally located along arterial and collector streets. • Examples of the CB zoning district include the 2100 South/700 East commercial strip,9th and 9 ,the Highland Drive commercial strip,and most of the commercial properties along the east end of 2100 South and Parleys Way(see attached map,Attachment F). f. The purpose and intent of the City zoning regulations is to promote the health,safety,morals, convenience,order,prosperity and welfare of the present and future inhabitants of Salt Lake City,to implement the adopted plans of the city,and to carry out the purposes of the municipal land use development and management act,title 10,chapter 9,of the Utah Code Annotated or its successor,and other relevant statutes.This title is,in addition,intended to: o Lessen congestion in the streets or roads; o Secure safety from fire and other dangers; o Provide adequate light and air; o Classify land uses and distribute land development and utilization; o Protect the tax base; 6 o Secure economy in governmental expenditures; o Foster the city's industrial,business and residential development;and o Protect the environment. • The Planning staff report notes: o Rezoning the property to CS could enhance the City's tax base by allowing land uses that draw people from not only the immediate neighborhood,but the surrounding communities as well. o Rezoning the property to CS could help foster commercial development because the CS zone is less restrictive in allowable land uses;however,some believe that the competition may hurt existing smaller local businesses. g. The purpose of the CB community business district is intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods.The design guidelines are intended to facilitate retail that is pedestrian in its orientation and scale, while also acknowledging the importance of transit and automobile access to the site. h. The purpose of the CS community shopping district is to provide an environment for efficient and attractive shopping center development at a community level scale. • The Planning staff report notes that when comparing the subject property to existing properties in both the CB and CS zoning districts,the subject property has characteristics more associated with the CS zone. o At approximately 10 acres,the property is comparable in size to other properties zoned CS,but much bigger than properties zoned CB. o The property is located along two arterial streets that serve as major thoroughfares into and out of the City. o The property has limited controlled access points that could serve multiple uses on a single parcel. o The property is isolated from the surrounding single-family residential neighborhoods, with the exception of the Foothill Place apartments located to the north.The residential neighborhoods to the east and to the south are separated by arterial streets.Classifying the site as a future pedestrian accessed development is questionable due to these street barriers and the distance between the property and a dense population base. o In reality,even if the property were developed in a walkable village configuration,it would still be predominantly accessed by the automobile until a major public transportation investment is made in the area. i. The East Bench Master Plan provides the following criteria for considering zoning changes.The applicant's request was evaluated by Planning staff using these criteria in addition to the criteria for zoning map changes in the zoning regulations.(Please see the Planning staff report for details.pgs.14-19.) • Proponents must demonstrate that any zoning change is clearly justified by the substantive provisions of this master plan. • There must be a demonstrated need for the new business proposal and documented community support.Property owners must address the issue of business need in the whole city perspective and why the proposed site is the best location with regard to the best interest of the community and city. • Property must be on a street that can handle the additional traffic. • The site must be large enough for adequate open space and parking without overcrowding the lot. • Business projects must be of a density,scale and design that will not negatively impact neighboring residential properties. • Multiple family units should not develop in areas with strong low density character... Zoning should not be changed to accommodate new business unless it is adjacent to an existing business. 7 111 • "Spot or strip"zoning to accommodate new businesses is strongly discouraged. • New businesses should be designed to be a logical extension of adjacent businesses, maintaining complimentary building design and landscaping motifs. j. The Planning staff report notes that the requested zoning amendment generally meets the criteria for zoning amendments as stated in the East Bench Master Plan;however,the following are areas of concern: • Demonstrated need:There is a need for more retail within the East Bench community; however,this could be accommodated in either the CB or CS zone.Also,Walmart can operate a general merchandise use on the property without a rezoning subject to the nonconforming and noncomplying regulations of the Zoning Ordinance. • Documented Community Support:Staff has received documented community support; however,it is not an overwhelming majority. (Council staff note: Extreme caution is always exercised by elected official when considering zoning issues to avoid assertions that action is taken based on "public clamor"rather than policy.) • Traffic:The submitted traffic impact study shows that Parleys Way can carry the anticipated increase in vehicles;however,Foothill is already at capacity during peak hours.It is important to note that this issue could be relevant to any successful development on the site, regardless of the zoning. • Negative impacts on neighboring residential:As stated above,there are potential negative impacts;however,these can be mitigated through proper site design. k. The Planning staff notes that the East Bench Master Plan needs to be reviewed and,if necessary, updated.Although the requested amendment generally meets the policies of the adopted Master Plan,this may or may not reflect the current goals and needs of the community. • Planning staff is of the opinion that a Development Agreement should be signed by the City and the applicant that restricts development on the site to what is currently proposed until the Master Plan is updated. • Through the Master Plan update process,the City may find that the subject property should continue to be zoned CS.At that time,the City should re-evaluate the Development Agreement.If the City finds that the property should be zoned differently,the City should rezone the property to the appropriate zoning district.In that case,Walmart may become a I nonconforming use.This is the same situation that applies today;however,the site would be developed according the requirements of a planned development approval. MATTERS AT ISSUE/POTENTIAL QUESTIONS FOR THE ADMINISTRATION: A. Issues relating to this request have been raised in many different ways and in many different forums throughout the process. Typically in land use decisions consideration is given to the use and its impacts in general rather than to the needs of a specific business or entity.Land use changes should be considered from the standpoint of the community and the City as a whole,and not with the special interests of a few property owners or entities in mind. The core issue that the Council must weigh is the potential benefits and impacts on the area and the City rather than whether a specific business should be allowed on the property.There is sometimes confusion that the Council could allow or decline zoning based upon the brand name of a business. 8 B. The following options were provided by Planning staff for Planning Commission consideration in making a recommendation to the City Council. (Please see the Planning staff report for a detailed discussion of each option.pgs.9-11) Since the Council has the responsibility to make the final decision regarding rezoning requests,the Council could consider these options and other alternatives identified through the Council's deliberations. 1. Deny the petitions • The petitions could be denied based on a decision that the petitions are not in the best interest of the City. • (Council staff note:If the Council were to choose this option,it would be helpful for the Council to identify specific reasons for denial in cooperation with legal counsel.) 2. Deny the petitions until the East Bench Master Plan is updated a. The petitions could denied until the City conducts a review of the Plan to determine if the plan is still meeting the goals of the community and how the subject property fits in with those goals. b. The City might determine that a zoning district such as the CS zone is an appropriate zoning designation.At that time,the property owner or the City would initiate a petition to rezone the property. (Council staff note:As previously noted,if the property is not rezoned,Walmart would still be able to open a new store in the existing building but would be limited in expanding or making improvements to the building.) 3. Approve the petitions with no conditions • If the property is rezoned to CS,Walmart will need to submit a Planned Development application to the City for the construction of a new store. 4. Approve the petitions with the condition that Walmart and the City sign a Development Agreement • The Planning staff report notes the following regarding development agreements. a. Development agreements associated with zoning amendments should only be required if there are impacts associated with the particular property that are not generally associated with other properties in the same zoning district. b. Planning staff does not fmd that there are peculiar circumstances associated with the property itself.The site shares the same characteristics as other properties zoned CS. c. The property is located within the East Bench Master Plan community and the master plan needs to be reviewed and updated.For this reason,Planning staff promotes the use of a development agreement to restrict the development activity on the site until the City has the resources to update the master plan. d. Through the Master Plan update process,the City may fmd that the CS zoning district is appropriate.At that time,the City should re-evaluate the development agreement.If the City finds that the property should be zoned differently,the City could rezone the property to the appropriate zoning district.In that case,Walmart may become a nonconforming use,which is the same situation that applies today. e. Some members of the community have expressed concern that development agreements are difficult to track and the City has not adequately enforced previous agreements. f. The City now has a permit tracking program(Accela)where documents,such as development agreements,can be tracked by property address.When an applicant applies for a building permit or planning review application,these documents are immediately uploaded showing the specific conditions related to the property. 9 g. The Planning staff report includes specific conditions that would be included in a development agreement based on the preliminary development plan submitted with these petitions. (Please see the Planning staff report for details. pg.11) (Council staff note: Conditions could be included in the development agreement to provide assurance to the community that the proposed development would occur as presented at the time of the rezoning request and provide an additional level of control on the property.) C. The Council may wish to discuss with the Administration and the applicant if it would be acceptable/appropriate to delay action on the petitions until completion of the Foothill Corridor/Parley's Wayl"Gateway to the City"Plan and the East Bench Master Plan update. 1. The petitions were processed prior to the Council's 2011/2012 budget deliberations. 2. As part of this year's budget,the Council funded a Foothill Corridor/Parley's Way plan and a long- range planning position dedicated to long-range land use planning and to help update all community land use plans. 3. Delaying action on these petitions would allow the City,the applicant and the community to comprehensively address major land use issues in this area and the East Bench community. MASTER PLAN AND POLICY CONSIDERATIONS: A. As previously noted,the following Master Plans were used in the Planning staffs analysis. • East Bench Master Plan(1987/1996) (For details,please see this staff report Key Elements items II.4—pg.4,III.I—pg.7/8 and Matters at Issue items B&C and the Planning staff report for additional details.) • Transportation Master Plan(1993) o Defines arterial routes as streets provided"for through traffic movement over long . distances...with some access to abutting property."Furthermore,"these streets are typically the widest and have the highest speed limits of all the streets within the city."Foothill Drive is listed as an example in the master plan.Parleys Way is an arterial as well.One of the directions listed in the plan for arterials is"to encourage commuter traffic to use arterial streets rather than local and collector streets"by maintaining the arterials'carrying capacity. • City Vision and Strategic Plan(1993) o States a goal of facilitating"development of complimentary retail shopping opportunities in city neighborhoods and commercial areas of the city."This goal's action step is to"work with developers to ensure additional retail shopping opportunities within the City,"and the progress indicators are the"amount of new retail space annually"and the"new tax dollars generated annually." Additional citywide Master Plan and Policy considerations are provided below: B. The Council's growth policy notes that growth in Salt Lake City will be deemed the most desirable if it meets the following criteria: 1. Is aesthetically pleasing; 2. Contributes to a livable community environment; 3. Yields no negative net fiscal impact unless an overriding public purpose is served;and 4. Forestalls negative impacts associated with inactivity. C. The City's Strategic Plan and the Futures Commission Report express concepts such as maintaining a prominent sustainable city,ensuring the City is designed to the highest aesthetic standards and is pedestrian friendly,convenient,and inviting,but not at the expense of minimizing environmental stewardship or neighborhood vitality. The Plans emphasize placing a high priority on maintaining and • developing new affordable residential housing in attractive,friendly,safe environments and creating 10 attractive conditions for business expansion including retention and attraction of large and small businesses. D. The City's 1990 Urban Design Element includes statements that emphasize preserving the City's image, neighborhood character and maintaining livability while being sensitive to social and economic realities. Policy concepts include: 1. Allow individual districts to develop in response to their unique characteristics within the overall urban design scheme for the city. 2. Ensure that land uses make a positive contribution to neighborhood improvement and stability. 3. Ensure that building restoration and new construction enhance district character. 4. Require private development efforts to be compatible with urban design policies of the city regardless of whether city financial assistance is provided. 5. Treat building height,scale and character as significant features of a district's image. 6. Ensure that features of building design such as color,detail,materials and scale are responsive to district character,neighboring buildings,and the pedestrian. E. The Transportation Master Plan contains policy statements that include support of alternative forms of transportation,considering impacts on neighborhoods on at least an equal basis with impacts on transportation systems and giving all neighborhoods equal consideration in transportation decisions. The Plan recognizes the benefits of locating high density housing along major transit systems and reducing dependency on the automobile as a primary mode of transportation. F. The City's Comprehensive Housing Plan policy statements address a variety of housing issues including quality design,architectural designs compatible with neighborhoods,public and neighborhood participation and interaction,accommodating different types and intensities of residential developments, transit-oriented development,encouraging mixed-income and mixed-use developments,housing preservation,rehabilitation and replacement,zoning policies and programs that preserve housing opportunities as well as business opportunities. PROCESS CHRONOLOGY: The Administration's transmittal provides a chronology of events relating to the proposed rezoning and master plan change. Key dates are listed below. Please refer to the Administration's chronology for details. • August 27,2010 Applications submitted to Planning Division • September 1,2010 Petition assigned to planner(Wayne Mills) • October 20,2010 Item posted on Open City Hall for comment • Community Council meetings: o Sept.20&Nov.3,2010 Sugar House Community Council o Oct.20&Nov.17,2010 East Bench Community Council o Nov.30,2010 Sunnyside East Community Council o Jan.26,2011 Wasatch Hollow Community Council • February 9,2011 Planning Commission hearing • March 21,2011 Transmittal paperwork received in Council office cc: David Everitt,Bianca Shreeve,Karen Hale,Holly Hilton,Art Raymond,Poonam Kumar,Ed Rutan,Lynn Pace,Paul Nielson,Jeff Niermeyer,Tom Ward,Rick Graham,Vicki Bennett,Frank Gray,Mary De La Mare- Schafer,Tim Harpst,Kevin Young,Orion Goff,Les Koch,Larry Butcher,W ilf Sommerkom,Cheri Coffey, Joel Paterson,Nick Norris,Wayne Mills,City Council Liaisons,Mayors Liaisons File Location: Community and Economic Development Dept.,Planning Division,East Bench Master Plan Future Land Use Map Amendment&rezoning,Ballard Spahr representing Walmart Stores,Inc.,2705 E.Parleys Way 11 ATTACHMENT A o Walmart Vicinity Map -• .� ♦ i v • r O i ,mat` ./�+•1- ' - 10- -•0 iti.-irf,... , '..:- \--.....„4,6 -,,r,,„ ,;r4 , , ',a D ,' 4.6�` pie;,'. o \� `' - _ ,� ems' 4, -"'•"'"h': "- ,.. , 1,..\\.; ostelto - 4.''' -14,•silip-1.4.'1-ff.- .r 1 '' AI- e,r a .114' y ,l....e• 1t4-,?•-.. g_ " 1W• 1 ✓' t as ' II fnr1.0, ,1 /lam /s• �A- . _' .. . • r ,k 4. • �- ,W 4.t r ,• ,4 ..k.JI i - t. y� i t �, ,' i:•et'': ;c,iik _T�-r °I r_+ * \ { • IL ATTACHMENT B PLANNING COMMISSION STAFF REPORT ,�,,, _ '44 2705 E. PARLEYS WAY — MASTER PLAN AMENDMENT /'U,; / " AND ZONING MAP AMENDMENT =‘t1 i RV PLNPCM2010-00556 — Master Plan Amendment `' L. „ � _ PLNPCM2010-00557— Zoning Map Amendment •�•�,,�,I �,, .,•�` 1� 2705 E. Parleys Way Planning and Zoning Division • February 9, 2011 Department of Community and Economic Development Applicant: Ballard Spahr LLP Request representing Walmart Stores,Inc Ballard Spahr LLP representing Walmart Stores, Inc is requesting an Staff: Wayne Mills amendment to the East Bench Master Plan Future Land Use Map to change the 801-535-7282 land use classification of the property located at 2705 E. Parleys Way from wayne.mills@slcgov.com Community Business to Community Shopping. The applicant is also requesting Tax ID: 16-23-152-004 a Zoning Map Amendment to rezone the property from CB Community Business to CS Community Shopping. Current Zone: CB Community Business 'Master Plan Desianation: Staff Recommendation ...East Bench Community Master Plan—Community Business PLNPCM2010-00556—Master plan Amendment Planning Staff recommends that the Planning Commission review the Staff Council District: District 7— Report and accept public comments. Planning Staff recommends that the Council Member Simonsen Planning Commission forward a recommendation on the proposal to the City Community Council: Sugar Council at the next scheduled Planning Commission hearing. House—Cabot Nelson,Chair PLNPCM2010-00557—Zoning Map Amendment Lot Size: Planning Staff recommends that the Planning Commission review the Staff Approximately 10.5 acres Report and accept public comments. Planning Staff recommends that the Current Use: Superstore and Planning Commission forward a recommendation on the proposal to the City Hypermarket Store Council at the next scheduled Planning Commission hearing. Applicable Land Use Reaulations: • 21 A.50—Amendments • Section 10-9a-204—Utah State Code—Plan Amendment Notification Notification • Notice mailed on 1/28/11 • Newspaper ad on 1/29/11 • Sign posted on 1/27/11 Agenda posted on the Planning Division and Utah Public Meeting Notice PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 1 websites 1/28/11 Lok, Attachments: A. Application Submittals B. CB and CS Zoning District Regulations and Allowed Uses C. City Department/Division Comments D. Community Council Minutes and Planning Staff Notes E. Public Comments F. Map of CB and CS Zoning Districts G. Capture/Leakage Analysis H. Site Photos VICINITY MAP ' : i �_ - 4 . �t Alin u III. }r .� �ii ^7'rt �g ice l as Li ACM ok. 14. OPP E 0 . \ F ` i it, , t 9 41.i. r. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 2 Background Request The applicant is requesting that Salt Lake City amend the East Bench Master Plan Future Land Use Map from Neighborhood Shopping to Community Shopping for the property located at 2705 E. Parleys Way. This proposed change would facilitate a zoning map amendment, also requested by the applicant, which would change the zoning on the subject property from CB Community Business (CB) to CS Community Shopping (CS). The amendments are requested to allow the applicant to demolish the existing structure on the property (a former Kmart) and construct a new Walmart Supercenter. The applicant has submitted a preliminary site plan with.the application; however, site design approval is not requested at this time. If the subject property is rezoned to CS Walmart will be required to obtain Planned Development approval for development of the site. In the CS zoning district all new construction of principal buildings, uses, or additions that increase the floor area and/or parking requirement by 25% requires Planned Development approval. Planned Developments are reviewed by the Planning Commission in a public hearing according to a set of design criteria. Purpose of Request The overall purpose of the applicant's request is to allow Walmart to demolish the existing building on the site and construct a new Walmart Supercenter. In order to understand the purpose further, Staff provides the following history of development and zoning of the property: • In 1968 Salt Lake City issued a permit for the construction of a Kmart on the property. The building constructed was approximately 113,227 square feet in size and was portioned off into two sections; one section for Kmart(93,027 square feet), and the other section for Kmart Food (20,200 square feet). • The property was zoned Business B-3 when the building permit was issued. The B-3 zoning district allowed"shops for retail business" as a permitted use. • In 1973 the Board of Adjustment approved an addition to the side of the building for use as a garden and patio shop that would not be completely enclosed. The garden area was approximately 6,940 square feet in size. • The property was rezoned in 1995 to CB as part of a city-wide rezoning project. Kmart was still considered a permitted use as a retail goods establishment; however, the structure on the property became non-complying due to the maximum front yard setback,maximum building size, and design requirements in the CB zoning district. • The City Council adopted an ordinance in January 2004 defining different types of retail uses (Conventional Department Stores, Mass Merchandising Store, Specialty Store, Superstore and Hypermarket Store, and Warehouse Club Store). The only zoning districts affected by the ordinance were the Gateway Mixed-Use(G-MU) and Downtown districts. • Walmart purchased the Kmart property in February of 2005. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 3 • The City Council adopted an ordinance in November 2005 that amended the Commercial Districts Use Chart to include the new retail land use classifications that were adopted in 2004. The use chart was amended to allow only"Retail goods establishments" and "Retail services establishments" as permitted uses in the CB zoning district. Kmart was considered a"Superstore and Hypermarket Store", which waste'"' not allowed in the CB zone; therefore, Kmart became a nonconforming use. • In November 2008 Kmart closed its doors for business. When Kmart closed in 2008 the use on the property ("Superstore and Hypermarket Store") was nonconforming because the use was not a permitted use in the zoning district. In addition, the structure was noncomplying because it exceeded the maximum allowable building size, maximum allowable front yard setback and did not meet some of the CB district design criteria. Therefore, for zoning regulation purposes, the existing building on the property is considered a noncomplying structure with a nonconforming use. The Zoning Ordinance allows for the continuation of a noncomplying structure with a nonconforming use even if the property ownership changes. In this case, the proposed Walmart is the same type of use as the previous Kmart; therefore, Walmart can operate within the existing building on the property through the standard business licensing and building code review processes. However, there are limitations on what Walmart can do with the existing building considering its status as a noncomplying structure with a nonconforming use. The Salt Lake City Zoning Ordinance allows for the voluntary demolition and reconstruction of a noncomplying structure with a nonconforming use up to 50% without obtaining any permitting approval other than standard business licensing and building code review. The 50% threshold pertains only to the structural elements of the building but is not calculated as 50% of the physical structure. The calculation is based on the ratio of the cost to construct the building according to current building standards and the cost of replacing the""`"` portion of the building to be demolished and replaced. If the replacement cost is less than 50% of the total"''''" construction cost, it is permitted. If it exceeds 50%, it is considered a demolition and all new construction, as well as the use, would have to comply with the current zoning regulations. In summary, Walmart can open a new store in the existing building but can only make improvements on the building up to 50% of the total construction valuation. Walmart has obtained a permit to remodel the existing building and open a store if the City does not approve the rezone. Walmart is requesting a zoning amendment to change the zoning to CS. In the CS zoning district, a"Superstore and Hypermarket Store" land use is permitted; therefore, Walmart would be allowed to demolish the existing structure and build a new building. Previous Petition and Current Proposal (What has changed?) In June 2007, Walmart submitted the same two types of petitions as what is currently being reviewed. At that time, the preliminary development plan included an 115,060 square foot retail building with a 5,057 square foot garden center. In September 2008, the Planning Commission reviewed the petitions in a public hearing and voted to forward a recommendation of denial to the City Council. Walmart withdrew their petitions prior to the City Council taking final action. The current preliminary development plan reduces the size of the retail building to 91,750 square feet and eliminates the garden center. The height of the building would average 26 feet with a maximum height of 33 feet. The new plan shows designated walkways between Foothill Blvd. and Parleys Way. In addition, the new plan shows an area of land 1.15 acres in size for additional development. Walmart representatives have stated'"` that they have no specific plans for the 1.15 acre site, but would like to work with the community to determine PLNPCM20I0-00556,PLNPCM2010-00557 Published Date: February 4,2011 4 the best use. They have stated that if the community does not want another use on the property, they would use the area for additional parking. Comments City Department Comments The comments received from pertinent City Departments / Divisions are attached to this staff report in Attachment C. The Planning Division has not received comments from the applicable City Departments / Divisions that cannot reasonably be fulfilled or that warrant denial of the petition. Community Council Comments The subject property is in the East Bench Community Council area but within 600 feet of the Sugar House Community Council boundary; therefore, the petition was presented to both community councils. In addition, the petition was presented to the Sunnyside East Community Council. The following provides a summary of the community council meetings. The community council meeting minutes that are available are attached, as well as meeting notes that were taken by Staff that attended the meetings (see Attachment D). Sugar House Community Council The petitions were presented to the Sugar House Land Use and Zoning Committee on September 20, 2010 and the Sugar House Community Council on November 3, 2010. Approximately 200 people attended the community council meeting. The Sugar House Community Council is represented by a group of trustees that vote on issues. During the meeting the general public was given the opportunity to speak. Some members of the public were in favor of the rezone and others were opposed. The Sugar House Community Council Trustees 'en discussed the petitions and voted to recommend that the Planning Commission and City Council deny the letitions. A report submitted by the Sugar House Community Council and notes taken by Planning Staff that attended the meeting are attached in Attachment D. East Bench Community Council The petitions were presented to the East Bench Community Council on October 20, 2010 and again on November 17, 2010. The purpose of holding two meetings was to brief the community during the first meeting and then obtain a vote from the community council members at the second meeting. Approximately 90 people attended both community council meetings. On November 17 the Community Council voted to support the petitions in a 46 to 44 vote. Notes taken by Planning Staff that attended both meetings are attached in Attachment D. Sunnyside East Community Council The petitions were presented to the Sunnyside East Community Council Executive Board on November 30, 2011 with approximately 10 people in attendance. The members of the community council did not vote on whether or not they support the petitions. Many of their concerns were related to traffic impacts on Foothill Drive. They also expressed concern that the East Bench Master Plan is old and needs to be updated, and that this should occur before the City approves any zoning amendments. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 5 Public Comments Planning Staff established an Open City Hall webpage for the petitions in October 2010. The webpage included a background fact sheet, information on the existing and proposed zoning, and maps. The Open City Hall sit allowed the public to submit comments regarding the petitions. Staff received 97 comments with 58 supporting the petitions, 31 opposed, and 8 that were not specific enough to determine if they support or oppose the petitions. Those that were not specific stated that they did not care one way or the other but traffic would be a problem and pedestrians should be prioritized over vehicles, they support the rezone to allow big box retail but do not support Walmart, and would rather have residential developed on the site but think that a new Walmart will be better than a vacant site. The comments received through Open City Hall are attached (see Attachment E). In addition to the comments received on Open City Hall, Staff received 11 phone calls with four in support and five opposed. Staff also received 85 letters/emails with 20 in support, 64 opposed, and one who stated that they are not opposed to the rezoning to allow Walmart but is concerned that they would have the ability to increase the building height and size, could temporary warehouse stock outside of the building, and could place a deed restriction on the property to prevent lease or sale to a competitor. A phone log and copies of the letters/emails received are attached (see Attachment E). Walmart conducted their own public support campaign at some of their local Walmart stores. Cards were handed out asking if individuals "support a brand new, smaller, more energy efficient Walmart on Parleys." Walmart received support cards from 3,882 individuals with Salt Lake City addresses. An example of the submitted cards and a spreadsheet with the names and addresses of those that signed the cards are attached. (see Attachment E). oinik Public/Community Council Comments Summary The following is a summary of the reasons why people support the subject petitions and the reasons for opposition. Those that support the petitions stated: > They would like a new more efficient building than the re-use of the older existing building. > Big box retail is the historic use of the property and it worked in the past so why change the use. > They prefer additional shopping choices in their neighborhood. > They see environmental impacts from having to drive to 300 West or other places in the valley to shop at Walmart, Target, etc. > The existing site is an eyesore and they would like to see it improved. > The City needs the tax revenue from a larger shopping center. > They would like Walmart to build a larger store than what is proposed that includes all services offered by Walmart, such as tire/lube service and an outdoor garden center. Those that oppose the petitions provided the following reasons: > Traffic Impacts; o Foothill Drive is already at maximum capacity. Traffic generated from Walmart (or other big box retail stores) will make it worse. o Delivery trucks exiting the site onto Foothill will create traffic impacts. o The intersection of Stringham and Foothill is not sig nalized.gnalized. Left turns onto Stringham from Foothill and onto Foothill from Stringham are dangerous. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 6 o Walmart (or other big box retail stores)will create traffic impacts on nearby residential streets. > There is no reason to change the°zoning. Walmart can remodel the existing building and operate. ➢ Opposition to Walmart in general, such as their business practices and sale of imported goods. ➢ The East Bench Master Plan and CB zone were established to prevent the area from turning into a big box retail center. ➢ The property should be developed as housing. > The property should be developed as a walkable, bike friendly development. Rezoning to CS will eliminate the possibility of that ever happening. > Lighting and noise from a big box store will impact adjacent residential properties. > Rezoning the property will set a precedent and allow other properties in the east bench area to be rezoned to more intense zoning classifications. > The East Bench neighborhood is adequately served by existing businesses. Walmart (or any big box • store) would take business from the existing retail businesses, which would leave vacant commercial properties in the area. ➢ People that shop at big box retail stores can do so on 300 West and elsewhere in the valley. > Concerns regarding the environmental impact of big box retail stores, such as energy consumption. > The East Bench Master Plan needs to be updated. The City should not rezone property until the master plan is updated. > The CS district will allow bigger and taller buildings. > Walmart is showing a 92,000 square foot building with trail connection, and landscaping on their preliminary development plan. If the zoning changes, Walmart will be able to build whatever they want regardless of what they are currently showing. > Opposed to development agreements related to zoning amendments because the City has difficulty tracking the agreements, which requires the neighbors to track the business activities. ➢ Walmart is the property owner. If Walmart closes, they can hold onto the property and leave it vacant in order to ensure that a competitor does not open on the site. They could also lease the property to use as a flea market. > Keeping the existing zoning (CB) will require smaller buildings on the site, which are easier to lease if Walmart closes. > The preliminary development plan shows an additional development site. This site could turn into gas station or other use that the neighborhood does not want. Project Review Master Plan Amendment Discussion The East Bench Master Plan was adopted in 1987. At that time, the future land use of the subject property was classified as "Neighborhood Business". In 1995, the City undertook a complete revision to the Zoning Ordinance and created new zoning districts. The entire City was rezoned to reflect the new zoning classifications and the subject property was rezoned from B-3 Neighborhood Business to CB Community Business. The ordinance that rezoned the City stated that, "all existing master plans should be construed and interpreted to conform to the new Zoning Ordinance and Zoning Maps." What this means is that in 1995, the Kmart property was rezoned to Community Business and the future land use designation, as designated in the East Bench Master Plan, also became"Community Business". The East Bench Master Plan was adopted in 1987 and is one of the oldest master plan documents in the City. When the master plan was adopted, Kmart was operational, was a permitted use, and complied with the leighborhood Business" future land use classification. In 1995, the future land use designation was changed PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 7 due to the city-wide zoning amendment; however, there was no other amendment to the master plan that states that a big box retail use, such as Kmart; is no longer appropriate at this site. One opinion is that the zoning and future land use map amendment shows that a big box retailer is no longer desired at this location because th CB zoning regulations limit building footprint sizes to 15,000 square feet. Another opinion is that the amendment to the future land use map did not forbid big box retail stores at this site because in the CB district, larger buildings are allowed as a conditional use as long as impacts of the use are mitigated. It is difficult to pull statements from the East Bench Master Plan either in favor of, or against the proposed rezone due to the points made above. A community master plan should be reviewed to ensure that the plan reflects the goals and needs of the community. This master plan is approximately 23 years old and may not reflect current community goals. Staff has conducted a high level study to determine if there is sufficient retail to support the East Bench residents and found that there is a need for additional retail businesses (see summary of capture/leakage analysis in the Findings section of this report). This study was done at a high level only for the purpose of this amendment proposal and did not address other community needs, such as the potential need for additional residential land uses. In order to further address these needs, the City would need to conduct a holistic review and update(if needed) of the East Bench Master Plan. Zoning Amendment Discussion The subject property is currently zoned CB Community Business. The following is the purpose statement of the CB zoning district: The CB Community Business district is intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods. The design guidelines are intended to facilitate retail that is pedestrian in its orientation and scale, while also acknowledging the importancc" of transit and automobile access to the site. The applicant is requesting a zoning map amendment to change the zoning of the property from CB to CS Community Shopping. The following is the purpose statement of the CS zoning district: The purpose of the CS Community Shopping district is to provide an environment for efficient and attractive shopping center development at a community level scale. The CB and CS zoning districts allow many of the same land uses; however, it is essentially the scale, or size of the buildings that house the uses, that are different between the zones. For example, both zoning districts allow mixed-use developments, multi-family dwellings, retail, and restaurants with or without drive-through facilities. The CS zoning district, however, allows additional land uses that require larger land area and larger buildings, such as commercial recreation centers, amusement parks, motion picture studios and big box retail centers. A comparison table showing the uses allowed in both zoning districts is attached (see Attachment B). The issue of scale can also be seen when comparing the lot and building size regulations between the two zoning districts. In the CB zone there is no minimum lot area and any new proposed lot that exceeds four acres is allowed only as a conditional use. In the CS zone, all new lots must be at least 60,000 square feet (approximately 1.4 acres), excluding shopping center pad sites, and there is no maximum lot size. The CB zoning district limits building sizes to 15,000 square feet for the first floor and 20,000 square feet total floor area, but does allow larger buildings through the Conditional Use process. In the CS zoning district, there is no maximum building size limitation. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 8 The two zoning districts also differ in their approach on requiring certain design elements. In the CB zone, there are specific regulations related to maximum front yard setback (requiring buildings to be located close to the idewalk/street), minimum first floor glass and other façade treatments, and parking lot lighting. In the CS zone, ,here are no specific standards stated in the regulations; however, all new development and additions to existing buildings that increase the floor area or parking requirement by 25%require design review through the Planned Development process. The CB and CS zoning district standards are included with this report at Attachment B. Staff identified all of the existing properties in the City that are zoned CB and CS to determine how the subject property relates to each zoning district. A map showing the location of these zoning districts is attached (Attachment F). The CS district is generally characterized by larger parcels, or a combination of smaller parcels that function as a larger parcel, with controlled driveway access that serves one large business or a combination of businesses. Properties zoned CS are generally located along arterial streets that serve as major thoroughfares. Examples of CS zoned areas include Trolley Square, Plaza 700 Shopping Center (1740 West 700 North), Brickyard Plaza, and Foothill Village. The CB zoning district is generally characterized by smaller parcels that are owned and operated independently with driveway access serving one parcel or use. The parcels are situated in a way that provides prominent street frontage and provide the opportunity to place buildings close to the front property line. Parcels located in the CB zoning district are more closely integrated with surrounding residential land uses and have direct pedestrian access by way of existing public sidewalks. CB district parcels are located along arterial and collector streets. Examples of the CB zoning district include the 2100 South/700 East commercial strip, 9th and 9th, the Highland Drive commercial strip, and most of the commercial properties along the east end of 2100 South and Parleys Way(see attached map, Attachment F). When comparing the subject property to existing properties in both the CB and CS zoning districts, the subject -operty has characteristics more associated with the CS zone. At approximately 10 acres, the property is .,mparable in size to other properties zoned CS, but much bigger than properties zoned CB. The property is located along two arterial streets that serve as major thoroughfares into and out of the City. The subject property also has limited controlled access points that could serve multiple uses on a single parcel. In addition, the property is isolated from the surrounding single-family residential neighborhoods, with the exception of the Foothill Place apartments located to the north. When looking at a map of the area, the residential neighborhoods to the east and to the south are separated by arterial streets. Classifying the site as a future pedestrian accessed development is questionable due to these street barriers and the distance between the property and a dense population base. In reality, even if the property were developed in a walkable village configuration, it would still be predominantly accessed by the automobile until a major public transportation investment is made in the area. Alternatives, Analysis, and Findings Alternatives The following are options for the Planning Commission to consider when making a recommendation to the City Council: ➢ Deny the petition o The Planning Commission can recommend denial based on a decision that the petitions are not in the best interest of the City. o If the petition is denied Walmart will be allowed to operate within the existing building on the site according to the ordinances regulating nonconforming uses and noncomplying structures and PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 9 without further site review by the City. In fact, Walmart has obtained a building permit to remodel the existing building. This building permit is still active. o If Walmart were to close in the future, a similar type of use could occupy the structure according to the nonconforming and noncomplying structure zoning regulations. If the existing building were demolished in the future, any new development would have to comply with the CB zoning district regulations. > Deny the petitions until the East Bench Master Plan is updated o As stated in the Zoning Amendment Discussion of this report (pg. 7) the East Bench Community Master Plan is one of the oldest community master plans in the City. The Planning Commission could deny or table the petition until the City conducts a holistic review of the plan to determine if the plan is still meeting the goals of the community and to determine how the subject property fits in with those goals. o If the petition is denied, Walmart will be allowed to operate within the existing building on the site according to-the ordinances regulating nonconforming uses and noncomplying structures and without further site review by the City. In fact, Walmart has obtained a building permit to remodel the existing building. This building permit is still active. o Through the master plan update process,the City might determine that a zoning district such as the CS zone is an appropriate zoning designation. At that time,the property owner or the City would initiate a petition to rezone the property. ➢ Approve the petitions with no conditions o The Planning Commission could recommend approval according to the standards for zoning maps amendments. '44100-- o If the property is zoned CS Community Shopping, all future development would be required to comply with the CS zoning district regulations (see Attachment B). In the CS district, all new construction of a principal building, uses, or additions to existing buildings that increases the floor area and/or parking requirement by 25%requires planned development approval. The Planned Development review allows the Planning Commission to oversee and require certain site design elements, but does not allow the Planning Commission to prohibit uses that are allowed in the CS zone. o If the property is rezoned to CS, Walmart will need to submit a Planned Development application to the City for the construction of a new store. > Approve the petitions with the condition that Walmart and the City sign a Development Agreement o The Planning Commission could recommend approval according to the standards for zoning map amendments with a condition that Walmart and the City sign a Development Agreement describing certain development restrictions on the property. o It is the opinion of Staff that Development Agreements associated with zoning amendments should only be required if there are impacts associated with the particular rezone area that are not generally associated with other properties in the same zoning district. o In the case of the proposed zoning amendment, Staff does not find that there are peculiar circumstances associated with the property itself. The site shares the same characteristics with Amok other properties zoned CS as discussed in the Zoning Amendment Discussion section of this PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 10 report(see pages 8-9). However,the property is located within the East Bench Master Plan community and, as stated'above,the master plan needs to be reviewed and updated. For this reason, Staff promotes the use of a Development Agreement to restrict the development activity on the site until the City has the resources to update the master plan. Through the Master Plan update process, the City may find that the CS zoning district is appropriate. At that time, the City should re-evaluate the Development Agreement. If the City finds that the property should be zoned differently, the City should rezone the property to the appropriate zoning district. In that case,Walmart may become a nonconforming use, which is the same situation that applies today. o The following are stipulations that the Planning Commission might consider including in the Development Agreement: • Building development on the site is limited to one structure no greater than 95,000 square feet. No other development on the site, including accessory structures, is permitted with the exception of structures used to screen refuse containers or structures related to any future transit facilities. • No outdoor storage is allowed. All merchandise must be stored within the principal structure: • Development of the site must include a public pedestrian pathway that connects Foothill Drive to Parleys Way. Except in areas where the pathway crosses vehicular driveways, the pedestrian pathway must be located within its own corridor. In other words, the pathway must be physically separated from the parking lot through the use of curbing, landscaping, or other means. Where the pathway crosses a vehicular driveway, the pathway must be delineated through the use of surface materials that differ from the driveway surface materials. The pedestrian pathway must be maintained for public use. • Parking lot lighting is limited to 16 feet in height. Parking lot and building lighting must be shielded to minimize light encroachment beyond the property line. o Some members of the community have expressed concern that Development Agreements are difficult to track and the City has not adequately enforced previous agreements. It was difficult for the City to track older Development Agreements because they were not easily accessible for plan reviewers. The City now has a permit tracking program (Accela) where documents, such as Development Agreements, can be posted by property address. When an applicant applies for a building permit or planning review application,these documents are immediately uploaded showing the specific conditions related to the property. Findings Master Plan Amendment There are no specific standards in the Salt Lake City Zoning Ordinance for Master Plan Amendments. State Law, Section 10-9a-204, Notice of Public Hearings and Public Meetings to Consider General Plan or Modifications, outlines the criteria for amending a master plan relating to noticing requirements. A notice for the Master Plan amendment was published in the Salt Lake Tribune on January 29, 2011. As stated in the Master Plan Discussion section of this report (pg. 7), the East Bench Master plan is one of the oldest master plans in the City and needs to be updated. It is difficult to extract policies from the plan that directly pertain to the subject property because the City underwent a complete change in land use ordinances in 1995,but the master plan has not been updated to reflect the changes in zoning designations. With that said, following are goals and policies taken from the adopted East Bench Master Plan that may be applicable Len analyzing the proposed Future Land Use Map amendment. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 11 > "Wholesale, warehouse and other general commercial uses are not permitted. " The only commercial uses the plan specifies as not permitted at the time the plan was adopted are "wholesale, warehouse ant general commercial uses." These are uses that generally do not provide goods directly to the consumer.' These uses are not permitted in the requested CS zoning district and they are only found in higher intensity zoning districts such as General Commercial (CG) and Corridor Commercial (CC). There is nothing in the East Bench Master Plan that indicates that large retail uses are incompatible with the community. > "Many residents desire additional services in their community. " The proposed Walmart would be the same use as the existing Kmart and generally provide the same retail goods and services. The nearest general merchandise type of store is the Smith's Marketplace at 3300 South and I-215. That store is within two miles of the subject property but is outside of Salt Lake City. There is a Walmart Supercenter at 300 West and 1300 South and a Super Target in the same area. The two closest grocery stores in Salt Lake City are Dan's at Foothill Village (approximately two miles away) and Albertson's at 2300 East and Parleys Way (approximately one mile way). Many of the public comments in support of the petitions state that retail shopping choices are limited in the East Bench neighborhood and that East Bench residents have to travel to the other side of the City, or outside of the City, to shop. Some of the comments from those that are opposed to the petitions state that their needs are already met by the existing businesses in the community, and those that would like to shop at a big box retailer can travel to 300 West. One way to attempt to measure whether or not retail services are being met within the community is to conduct a capture/leakage analysis. This type of analysis compares the sales in a particular target area to potential sales in that area. The potential sales are calculated by determining the per capita sales in r'l"k larger comparison area, multiplying that by the population of the subject target area to determine the-- potential sales, and then adjusting the potential sales for a difference in the trade area and larger area income. The final result of the analysis attempts to determine if money is being spent within the target area (capture) or if money is being spent outside of the target area (leakage). There are many assumptions that need to be made in conducting the analysis and it is not an exact science, but it is one tool that can be used to determine if residents might be traveling outside of their community to obtain desired goods. In conducting the study, Staff obtained the sales numbers for Salt Lake County and three separate target areas for the following retail sectors: building and garden; general merchandise; food stores; apparel and accessories; furniture; and miscellaneous (single item type retailers). The sales numbers were obtained from the Utah State Tax Commission and are available by zip code. In order to conduct the analysis, Staff had to use population and income data also at the zip code level. This created somewhat of a problem since the master plan area boundaries do not follow zip code boundaries (see map, Attachment G). Most of the East Bench Master Plan area is located in the 84108 zip code area; however, much of Parleys Way (including the subject property) is not. In order to evaluate the East Bench Master Plan area, as well as the surrounding east neighborhoods, Staff conducted the analysis on three target areas. These areas are defined by the following zip codes: • 84108 • 84108, 84112, 84113, 84102, 84105, 84106 • 84108, 84112, 84113, 84102, 84105, 84106, 84109 AM* PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 12 The results of the analysis are shown in the spreadsheet attached in Attachment G. The analysis shows that in the 84108 zip code area, potential sales greatly exceed the actual sales, with the exception of the food store sector. This is not a surprise considering the East Bench Master Plan states that less than 2% of the land acreage in the community is occupied by business uses. As the study area expands in size, the analysis still shows that additional retail services could be needed in the area, with the exception of food stores. It is important to note that additional retail services can be provided on the subject property in both the existing CB district and proposed CS district. Both zoning districts allow retail uses. ➢ "Redevelopment or at least renovation of some business properties... is quite likely and is considered the most desirable approach to meeting future business needs... " Walmart's request is to redevelop the existing commercial property and no housing will be demolished for commercial use. They do have the option of renovating the property without a zoning change. ➢ "Major zoning changes... are neither anticipated nor encouraged. Changes involving expansion of existing business sites in response to documented needs should be reviewed cautiously and approved sparingly. " The context for the term "major" appears to reference the physical expansion of an existing commercial property that would require the acquisition and rezoning of another parcel, or the conversion of residential uses to non-residential uses. Although the subject property size is not increasing, the proposed amendment could be considered an expansion because the proposed land use classification allows more intense uses. However, when the master plan was adopted in 1987, the existing use and the proposed use were allowed, so it is difficult to determine whether or not the proposed amendment would be considered a major zoning change as described in the master plan. > "The city should not approve any zoning change that will result in the removal of homes. The community is so completely developed that a change of zoning in most areas would negatively impact surrounding residential properties. " No homes would be removed as a result of this master plan amendment or zoning map amendment. Citizens have raised concerns about the impact of the new development on the surrounding neighborhoods. Although the zoning change could allow a new use on the site, the applicant's proposal is to have the current use continue in a new building. Therefore, the use is still the same. Over the years, the patronage of the Kmart at this site has declined and it is anticipated that the Wal-Mart will attract more customers. The change in the future land use designation would not change the character or use of the site, but it may increase traffic to the site; however, this could be the case for any successful development regardless of the future land use designation. ➢ "More efficient use of existing business properties is the preferred approach to meet future business needs. " A mixed use development on this site would be a more efficient use of the land than a single- building, single-tenant retailer. However, changing the future land use map land use designation for the subject property does not prevent this site from being developed more efficiently. In fact, the CS zoning district allows mixed-use developments and provides more flexibility because new construction requires planned development approval. This gives the Planning Commission flexibility in applying city goals and conditioning project approvals. The CB zoning district limits buildings to 15,000 square feet on one floor and 20,000 feet total. On a 10.56 acre site with one street frontage that is more or less oriented to a freeway off-ramp, it would be difficult to comply with the CB zoning district purpose statement and regulations. More than likely, a developer would need to request relief from the CB regulations or a change in zoning to develop a mixed-use development on the site. > "A gateway center should be located near the entrance to the city... " An information center and rest stop for visitors to Salt Lake City would be a valuable service and an asset to the city. However, as the PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 13 master plan indicates, the views of the valley from this location are not as good as the other two potential sites for gateway centers and there are some concerns with access. The master plan notes that this is the least attractive option of the three provided and that it would require some land acquisition o; the part of the city. Specifically, it stated that "the Parleys Way site should be considered only if the other sites prove unworkable." It is staffs opinion that the proposed master plan amendment does not substantially contradict any of the other policies, goals or strategies of the East Bench Master Plan and that modifying the master plan would not substantially impact the integrity of either the community or the master plan. Zoning Map Amendment Section 21A.50.050 - A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one standard. However, in making its decision concerning a proposed amendment, the city council should consider the following factors: 1. Whether the proposed amendment is consistent with the purposes, goals, objectives, and policies of the City as stated through its various adopted planning documents; Discussion: The following policy documents were considered in evaluating this request: the Salt Lake City Vision and Strategic Plan (1993), the Salt Lake City Transportation Master Plan (1996), and the East Bench Master Plan (1987). Salt Lake City Transportation Master Plan 0" The Salt Lake City Transportation Master Plan, adopted in 1996, defines arterial routes as streets provided'— "for through traffic movement over long distances... with some access to abutting property." Furthermore, "these streets are typically the widest and have the highest speed limits of all the streets within the city." Foothill Drive is listed as an example in the master plan. Parleys Way is an arterial as well. One of the directions listed in the plan for arterials is "to encourage commuter traffic to use arterial streets rather than local and collector streets"by maintaining the arterials' carrying capacity. Salt Lake City Vision and Strategic Plan The Salt Lake City Vision and Strategic Plan, adopted in 1993, states a goal of facilitating "development of complimentary retail shopping opportunities in city neighborhoods and commercial areas of the city." This goal's action step is to "work with developers to ensure additional retail shopping opportunities within the City," and the progress indicators are the "amount of new retail space annually" and the "new tax dollars generated annually." East Bench Master Plan The requested zoning map amendment is not consistent with the Future Land Use Map of the East Bench Master Plan, which is the applicable master plan document for the subject property. However, the applicant has requested an amendment to the Future Land Use Map in addition to the zoning map amendment. Planning staff has recommended approval of the master plan amendment because there is no substantial evidence that the modification would contradict with any of the other policies, goals or strategies found in its "Non-residential Land Use" section. The East Bench Master Plan, however, has specific criteria in Appendix I for zoning changes. The applicant's request should be evaluated against these guidelines: PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 14 > Proponents must demonstrate that any zoning change is clearly justified by the substantive provisions of this master plan. The zoning change requested does not introduce a new use to the neighborhood, as Kmart has been there for 40 years. Further, the subject property, as a single parcel of land, can be redeveloped into a more efficient use more easily under the CS zoning designation because of the property's size and location. Staff has found that the zoning change meets the general goals of the "Business/Commercial Uses" subsection of the master plan (see Master Plan Amendment Discussion above). > There must be a demonstrated need for the new business proposal and documented community support. Property owners must address the issue of business need in the whole city perspective and why the proposed site is the best location with regard to the best interest of the community and city. There has been a difference of opinion regarding the need of a supercenter in this location. On one hand, some residents believe that all of their shopping needs can be handled by the existing shops in the East Bench neighborhood and some believe that there are enough Wal-Mart stores (and other similar uses)within a convenient distance. On the other hand, many of the public comments received in support of having a big box retailer in the East Bench Community said so because it would provide more choices for retail in the neighborhood. The nearest single tenant general merchandise stores are Shopko located on 1300 East (approximately 2.5 miles from the subject property) and Smith's Marketplace on 3300 South (approximately 1.75 miles from the subject property). It should be noted that Smith's Marketplace is located outside of the City, so the City does not receive the same tax benefit from that store than it would if the store was located in the City. One additional note regarding the demonstrated need is that both the existing zoning (CB) and the proposed zoning (CS) allow retail uses, so the retail needs of the community could potentially be met under both zoning designations. The applicant has indicated that this site was chosen because of the size of the parcel and the fact that they believe the East Bench is underserved by larger commercial retailers. The application states that rezoning the property to CS will allow the construction of a new, smaller, and energy-efficient building. Community support for this proposal is mixed. As shown in the Public Comment section of this report, there is a lot of support to allow Walmart to build a new store, but most of these comments are not directed towards the zoning amendment specifically. What this may show, however, is that those that support a Walmart at this location support the CS zoning district because of the types of uses it allows. These individuals would prefer to have a big box retail option close to their homes and the CS district allows such uses. Some individuals who are opposed to the project claim that the supporters have been misled by Walmart representatives who have told them that the only way that Walmart can build an efficient structure is to rezone the property. It is not clear what constitutes "documented community support" as stated in the master plan and whether or not it needs to be a majority of the members of the community. In the case of the current proposal and the comments received, those in support and those opposed are near equal in numbers. > Property must be on a street that can handle the additional traffic. The subject property can be accessed by both Parleys Way and Foothill Drive, both classified as arterial streets. Wal-Mart submitted two traffic impact reports prepared by A-Trans Engineering. One study was submitted with the first petition to rezone the property and analyzed the traffic anticipated with a store approximately 120,000 square feet in size. A separate study was submitted as part of the current petition and addresses the traffic impact anticipated for a 92,000 square foot store. Both reports were reviewed by the Salt Lake City Transportation Division. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 15 • The consultant used Level of Service (LOS) to measure the congestion at analyzed intersections. Ratings are on a scale from LOS A to LOS F. An LOS A indicates free flowing traffic at or abov the posted speed while an LOS F indicates a "forced or breakdown flow." The consultant used only" the signalized access point on Parleys Way at Wilshire Drive as an ingress/egress point because they anticipate that, due to the current high level of traffic on Foothill Drive, most of the site generated traffic will use this access point. In the initial traffic study, Parleys/Wilshire intersection was projected to operate at LOS B in the a.m. peak and LOS C in the p.m. peak in the year 2030. The conclusion was that Parleys Way has sufficient capacity to accommodate the projected increase in traffic and that the development would have "virtually no impact on the access and signal along Foothill as current congestion allows little capacity for traffic to utilize Foothill." The supplemental report submitted with the current petition essentially states that the proposed building is smaller than what was originally proposed; therefore, the traffic impacts will be less. It should also be noted that Staff has received comments in opposition to the proposed rezone and have cited traffic concerns as a major issue. Specifically, that Foothill Drive is at maximum capacity and traffic generated from Walmart will make it worse. Also, Walmart's circulation plan shows delivery trucks entering the site from Parleys Way and existing onto Foothill from Stringham (located at the northeast corner of the site). This intersection is not signalized and some believe that this will create a dangerous situation due to the high volume of traffic on Foothill. ➢ The site must be large enough for adequate open space and parking without overcrowding the lot. The subject property is 10.56 acres and is large enough to accommodate more green space and parking than what is required for a retail store of 92,000 square feet. The existing site has virtually no green space and the parking lot is in poor shape. If the property is rezoned as requested, theme"' parking lot landscaping requirements must be met for new development and the Planning- Commission will have the opportunity to require additional green space as part of the planned development process if they so choose. ➢ Business projects must be of a density, scale and design that will not negatively impact neighboring residential properties. The closest residential property to the subject property is the Foothill Place apartments located to the north. A single-family residential neighborhood begins approximately 550 feet to the northwest and the Country Club single-family residential neighborhood is located directly across Parleys Way to the south and southwest. There is also a residential condominium development located to the west of the site. The residential area that would be most affected by the proposed development would be the southernmost units of the Foothill Place Apartments. Due to the proximity of the apartment units to the proposed structure, the residents could be impacted by noise from delivery trucks, noise from mechanical equipment and/or lighting in the parking lot or on the building. The lighting impacts could be mitigated by requiring that lights are shielded to contain and direct light and glare to the property only. Mature landscaping, such as large trees and shrubs, would also aid in shielding the lights and would also provide a sound buffer to help mitigate noise impacts from truck delivery and mechanical equipment. If the property is zoned to CS, future development would have to include a 15 foot landscape buffer along the property line that abuts any residential zoning district. In this case, the 15 foot landscape buffer would have to be provided along the property line abutting the Foothill Place apartments. Within the landscape buffer, shade trees must be planted every 25 feet, asp*• well as shrubs at least 2 rows deep. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 16 The residential condominium project to the ■ 1°‘ ' r low . west could also be impacted by the �,o,,,�,,,«� ..b development. The applicant's preliminary ` .. development plan shows delivery trucks _ ` - - �. accessingthe site from the private roadway :"'�"`;"`"'des 'I - �\ directly east of the condominiums. The J ' f ',' ��� $ , increase in truck traffic on this roadway ,' - could create a noise impact for the residents ! 1 s"'�'°"^'�"'' of the condos; however, staff does not _, believe that this issue is isolated to the " " 5 proposed project. Staff believes that any �, —� • successful retail project on the site could k4 (`„ create this impact regardless of the zoning. There may be an additional impact to these " .:::,, {' residents that is related to the truck loading dock located at the northwest corner of the proposed building as shown on the preliminary development plan. The truck dock is oriented in such a way that the headlights from the trucks parked at the loading dock would shine directly into the residential units located on the east side of the condo building. This issue could be remedied by relocating the loading dock. The Country Club residential area to the south and southwest could potentially be affected by an increase in traffic along Parleys Way and parking lot lighting. Although, there would be an increase in traffic on Parleys, the submitted traffic impact study shows that the street can carry the additional traffic. The parking lot lighting issue can be mitigated by limiting the allowable height of light fixtures and requiring the fixtures to be shielded in a manner that directs the light downward. It is important to note that if the zoning amendment is approved by the City Council, the applicants will be required to submit an application for planned development approval. This would allow the Planning Commission to oversee the final design of the project and require additional measures to reduce impacts on adjacent properties. ➢ Multiple family units should not develop in areas with strong low density character... There is no residential component to this request. This standard does not apply. > Zoning should not be changed to accommodate new business unless it is adjacent to an existing business. The property in question is already commercial and is bordered by other commercial properties and businesses to the east and northwest. > "Spot or strip" zoning to accommodate new businesses is strongly discouraged. Salt Lake City's Zoning Ordinance defines spot zoning as "the process of singling out a small parcel of land for a use classification materially different and inconsistent with the surrounding area and the adopted city master plan, for the sole benefit of the owner of that property and to the detriment of the rights of other property owners." In this case, the subject property at 10 acres in size is not a "small parcel of land". The property already has a commercial designation and is bordered by commercial and office properties to the east and northwest. The CB and CS districts are both commercial districts. The CB zoning district's purpose is to integrate moderately-sized retail uses with neighboring residential while the CS zoning district is intended to service community commercial needs. Staff is of the PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 17 opinion that the CB and CS zoning districts, while having different purposes and regulations, are not materially different in that they are not designed to serve materially different uses. Both allow retail uses and both prohibit general commercial uses or manufacturing uses. Furthermore, there is no clea zoning pattern on a larger scale with which the CS designation would be inconsistent. Within a"` quarter-mile of the subject property, there are properties zoned for commercial, institutional, multi- family residential, single family residential,residential office, and open space uses. Accordingly, one mile north on Foothill Drive, there is a similarly-sized property zoned CS (Foothill Village) surrounded by the same pattern of zoning designations. > New businesses should be designed to be a logical extension of adjacent businesses, maintaining complimentary building design and landscaping motifs. The property as it is currently developed is not a logical extension of any of the surrounding properties. The building is a typical 1960s commercial structure and there is no landscaping. It is important to note that these problems can be remedied without a zoning map amendment, as there is nothing in the Zoning Ordinance prohibiting Wal-Mart from improving the site upon occupation. That being said, there is nothing that requires or encourages them to do so either. There are limits to how much of the existing building they can tear down based on regulations for nonconforming uses and noncomplying structures and that may impact what they can do to improve the building's overall design. The proposal Wal-Mart has submitted includes, along with a new building, landscaping and architecture that would reduce the visual impact of the structure and will be compatible with the neighboring office buildings. In summary, it is the opinion of Staff that the requested zoning amendment generally meets the criteria for zoning amendments as stated in the East Bench Master Plan; however, the following are areas of concern: > Demonstrated need: There is a need for more retail within the East Bench community; however, thin''""' could be accommodated in either the CB or CS zone. Also, Walmart can operate a general' merchandise use on the property without a rezoning according the nonconforming and noncomplying regulations of the Zoning Ordinance. > Documented Community Support: Staff has received documented community support; however, it is not an overwhelming majority. > Traffic: The submitted traffic impact study shows that Parleys Way can carry the anticipated increase in vehicles; however, Foothill is already at capacity during peak hours. It is important to note that this issue could be relevant to any successful development on the site, regardless of the zoning. > Negative impacts on neighboring residential: As stated above, there are potential negative impacts; however, these can be mitigated through proper site design. The East Bench Master Plan does not indicate that every provision must be met, but that they must be considered. Staff believes it can recommend approval based on the fact that it generally meets the criteria in the master plan and impacts can be mitigated through proper site design. It should also be noted that, as stated previously in this report, the East Bench Master Plan needs to be reviewed and, if necessary, updated. Although the requested amendment generally meets the policies of the adopted Master Plan, this may or may not reflect the current goals and needs of the community. Staff is of the opinion that a Development Agreement should be signed by the City and the applicant that restricts development on the site to what is currently proposed until the Master Plan is updated. Through the Master Plan update process, the City may find that the subject property should continue to be zoned CS. At that., time, the City should re-evaluate the Development Agreement. If the City finds that the property should bf. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 18 zoned differently, the City should rezone the property to the appropriate zoning district. In that case, Walmart may become a nonconforming use. This is the same situation that applies today; however, the site would be developed according the requirements of a planned development approval. Finding: Staff finds that the request to rezone 2705 E. Parleys Way from CB to CS is consistent with the purposes, goals, objective, and policies of the adopted general plan of Salt Lake City, with certain exceptions as noted above. 2. Whether the proposed map amendment furthers the specific purpose statements of the Zoning Ordinance; Discussion: There are three purpose statements that are applicable to this zoning amendment petition; the Purpose and Intent of the Zoning Ordinance (Section 21A.02.030, SLC Zoning Ordinance), the purpose statement of the existing CB zoning district (Section 21A.26.030A, SLC Zoning Ordinance), and the purpose statement of the proposed CS zoning district(Section 21A.26.040A,SLC Zoning Ordinance). The following is the purpose and intent of the Zoning Ordinance: The purpose of this title is to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Salt Lake City, to implement the adopted plans of the city, and to carry out the purposes of the municipal land use development and management act, title 10, chapter 9, of the Utah Code Annotated or its successor, and other relevant statutes. This title is, in addition, intended to: A. Lessen congestion in the streets or roads; B. Secure safety from fire and other dangers; C. Provide adequate light and air; D. Classify land uses and distribute land development and utilization; E. Protect the tax base; F. Secure economy in governmental expenditures; G. Foster the city's industrial, business and residential development; and H. Protect the environment. When reviewing the proposed amendment in relation to the above listed items, it is important to note that the Planning Commission is reviewing a change in zoning from CB to CS, not the specific development proposal. The CB and CS districts are both commercial zoning districts and allow similar uses. The main difference is that the CS district allows uses that require larger land area, such as big box retail uses. Both zoning districts could create additional traffic on the adjacent streets depending on the success of the development; however, the CS district does allow land uses that have more of a regional draw. Staff does not find this an issue at this particular site due to the property's proximity to two arterial streets and the freeway system. Rezoning the property to CS could enhance the City's tax base by allowing land uses that draw people from not only the immediate neighborhood, but the surrounding communities as well. Rezoning the property to CS could help foster commercial development because the CS zone is less restrictive in allowable land uses; however, some believe that the competition may hurt existing smaller local businesses. Environmental protection is generally handled through laws and regulations that pertain to all development regardless of the zoning district. The following two purpose statements pertain to the existing and proposed zoning districts: PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 19 The CB community business district is intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods. The design guidelines are intended t facilitate retail that is pedestrian in its orientation and scale, while also acknowledging the importance' of transit and automobile access to the site. The purpose of the CS community shopping district is to provide an environment for efficient and attractive shopping center development at a community level scale. It is Staffs opinion that the location and site characteristics of the subject property make it more closely aligned with the purpose of the CS zoning district. The location of the property (adjacent to two arterial streets and the freeway system) provides an environment for shopping center development. The property is riot closely integrated with the adjacent residential neighborhoods. It is bordered on two sides by arterial streets that isolate it from the single-family neighborhoods to the east and south. The property is also separated from the single-family neighborhood to the northwest by other properties. These points are further discussed in the Zoning Amendment Discussion section of this report (pages 8-9). Finding: Staff finds that the proposed amendment does not conflict with the purpose and intent of the Zoning Ordinance and the characteristics of the property are consistent with the purpose of the proposed zoning district. 3. The extent to which the proposed amendment will affect adjacent properties; Discussion: The proposed amendment is to change the zoning on the property from CB to CS. The.*** following are the differences between the two properties that may affect adjacent properties: ➢ Allowed Uses: The CB zoning district generally is characterized by uses that serve the neighborhood where the CB zoned property is located. While the CS zone allows those same uses, it also allows uses that could draw people from outside of the local community, such as retail shopping centers and commercial recreation centers (see table showing comparison of allowable uses, Attachment B). This draw could increase the amount of traffic into the area. It is the opinion of Staff that because the subject property is located along two arterial streets that already serve as major thoroughfares into and out of the City, and the property is located at the on/off ramp of two converging freeways, CS zoning is appropriate and adjacent properties would not be greatly affected. ➢ Setbacks and Landscape Buffers: Setbacks refer to the required distance that a building must be located from a property line. In some zoning districts, landscaping must be included in the setback area if the property abuts property in a residential district. This is called the required landscape buffer. The CB zoning district regulations (existing zone) were generally developed for smaller parcels and the building setbacks reflect that. The building setbacks associated with the subject property that would directly affect adjacent properties are the side yard setbacks, rear yard setback, and required landscape buffer. The CB zoning district requires no interior side yard setback, a ten foot rear yard setback, and a seven foot landscape buffer when abutting a residentially zoned property. The zoning district requires a 15 foot interior side yard setback, 30 foot rear yard setback, and a 15 foo, PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 20 landscape buffer when abutting a residentially zoned property. A positive affect from rezoning the property from CB to CS is the required increase of the rear yard setback and landscape buffer. The rear yard of this property is located adjacent to the Foothill Place Apartments, which are residentially zoned. Rezoning the property to CS will require any building to be setback further from the Foothill Place apartments and will require a greater landscape buffer. ➢ Building Height: The maximum allowed building height in the CB district is 30 feet. The maximum allowed building height in the CS is 45 feet, a 15 foot increase in allowable height. This increase in allowable height could affect the view corridors as seen from adjacent properties; however, Staff used pictometry and GIS software to estimate the height of the existing office buildings to the east of the subject property. The height of the west elevations of both of these building is approximately 39 feet. In addition, the ground elevation of these buildings is higher than the subject property. Therefore, Staff is of the opinion that the increase in allowable height would not greatly affect the east view corridor. The additional height could, however, still impact the north and south view corridors. ➢ Site Design Regulations: The current CB zoning district has a number of site design standards that are specifically written into the base regulations. These include maximum front yard setbacks, parking lot setbacks, front facade treatments, and parking lot light height limits. Any use that is permitted in the CB district and that meets the base standards is allowed without further design review. The CS zone does not have these standards written in the base regulations; however, in the CS district all new construction, any new proposed use, or any construction that increases the floor area or parking requirement by 25% must obtain Planned Development approval from the Planning Commission. This allows the Planning Commission to require certain site design elements to mitigate impacts specific to the site. Finding: The proposed zoning map amendment could impact neighboring residential properties; specifically, the additional traffic generated and the obstruction of view corridors. Staff finds that there will be an impact from additional traffic generated by this proposal, but finds that the adjacent streets can carry the additional volume. Staff also finds that the east view corridor would not be impacted but the north and south view corridors could be affected. 4. Whether the proposed amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and Discussion: The subject property is in the Groundwater Source Protection Overlay District. There are no additional standards imposed by this district related to the request. Finding: Future development on the site will be required to meet the provisions of the Groundwater Source Protection Overlay District. 5. The adequacy of public facilities and services intended to serve the subject property, including but not limited to roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems,water supplies, and wastewater and refuse collection. Discussion: Applicable City departments and divisions were given the chance to review and comment on the proposed rezoning and preliminary site plans. The Public Utilities Department requested plans in the future if the request was ultimately granted, and had some site requirements for new development. No PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 21 immediate deficiencies were noted as part of the review process. Other than roadways, there has been no concern for the adequacy of public facilities and services intended to serve the subject property. As, ,, previously discussed, there is concern that this proposal would increase the volume of traffic on Parley Way and Foothill Drive. The Transportation Division has reviewed the submitted traffic impact study and' found that the study followed industry standards and general transportation engineering principles. The consultant stated in the study that Parleys Way will be used as primary access to the site and Parleys can carry the additional traffic and still operate at Level of Service A. Foothill Drive provides additional access to the site, but is already operating above capacity at peak times. The study states that, due to the current traffic levels on Foothill Drive, motorists will use the Parleys Way access point. The Foothill Drive Corridor Study Final Report includes recommendations for improvements, including commuter bus service, peak bus or bus/HOV lanes with transit signal priority, and replacement of the turn lane with a median in some areas. These near- and mid-term improvements address the "bigger picture" problem with congestion on Foothill Drive and are projected to improve the levels of service on Foothill Drive. Finding: Staff finds that the current public facilities and services intended to serve the subject property are adequate, and any necessary modifications and changes to facilities will be identified upon application for building permits. Aimik PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 22 01111 Capture/Leakage Study t. x •. 1 .! s.,tab ''' ';'ff.-9—` g^ E^' r � ' E ti t, p CE fly-Ld-7,-::',-.-. it k!N,.5y�` ._, t :f ._., • Mt wa 4 ' 41.1 a • S. i.C. C'] l C�7�4J 4 .. i .•' ' . : •':.1,•-,' ' , + - ' - • ut T - ;.,. r .al rdb ,a :d. ,•' + w- e L M' ..._-.—_. .-.-a M• 6 �:: i '. GAR,HOUSE �T� �yyy-yy Cii.AJIJCJ i - - ' t ' �T,8 y� t h F fi rt ,' � '!R .�,—> ", Legend �o 4. • r. • Codes Areas • , , " ,.. -. • j;r zip r ; ,1 ' - Q Planning Communities I• ` 'as, Salt Lake City Boundary .. _ o. r a ., • t,� a _ • 84108-County Comparison FACTOR VALUE SOURCE County Population 898,387 2000 Census _County Per Capita Income 20,190 2000 Census County Sales(Retail Categories) Utah State Tax Commission-2009 Salt Lake County Taxable Sales Bldg&Garden 763,660,042 Gen Merchandise 2,099,367,050 Food Stores 1,681,854,431 Apparel&Access! 640,346,951 Furniture 767,322,917 Misc. 1,516,248,789 Trade Area Population 21,239 2000 Census-Zip Code 84108 Trade Area Per Cap Income 32,585 2000 Census-Zip Code 84108 Trade Area Sales Utah State Tax Commission-2009 Zip Code Level Sales(84108) Bldg&Garden' 2,000 Gen Merchandise 0 Food Stores 46,570,603 Apparel&Access 7,962,080 Furniture 1,250,000 Misc. 18,280,628 Potential Sales Formula (Trade Area Population)X(County Sales/County Pop)X(Trade Area per Capita Income/County per Capita Income) • $B$12*(X/$B$2)*($B$13/$B$3) --- ----- X=County sales by retail category Bldg&Garden — Potential Sales Actual Sales Capture(Leakage) 29,137,486 2000 (29,135,486) 99.9%leakage Gen Merchandise Potential Sales Actual Sales Capture(Leakage) 80,101,452 i0 (80,101,452) 100%leakage Food Stores Potential Sales Actual Sales Capture(Leakage) 64,171,238 '46,570,603 (17,600,635) 27%leakage Apparel&Access Potential Sales Actual Sales Capture(Leakage) 24,432,469 r 7,962,080 (16,470,389) 67%leakage Furniture Potential Sales :Actual Sales Capture(Leakage) 29,277,243 '1,250,000 (28,027,243) 96%leakage Misc. Potential Sales 'Actual Sales Capture(Leakage) 57,852,546 18,280,628 (39,571,918) 68%leakage 84108,84112,84113,84102,84105,84106-County Comparison FACTOR VALUE SOURCE County Population � 898,387 2000 CensusCounty Per Capita Income 20,190 2000 Census County Sales(Retail Categories) 'I Utah State Tax Commission-2009 Salt Lake County Taxable Sales Bldg&Garden 763,660,042 Gen Merchandise 2,099,367,050 Food Stores 1,681,854,431 Apparel&Access 640,346,951 Furniture 767,322,917 Misc. 1,516,248,789 Trade Area Population 95,619 2000 Census-Zip Code 84108,84112,84113,84102,84105,84106 Trade Area Per Cap Income 24,768 2000 Census-Zip Code 84108,84112,84113,84102,84105,84106 Trade Area Sales Utah State Tax Commission-2009 Zip Code Level Sales 84108,84112,84113,84102,84105,84106 Bldg&Garden 9,815,764 Gen Merchandise' 41,500,000 Food Stores' 239,015,506 • Apparel&Access! 73,925,499 Furniture 53,863,705 Misc. 139,576,493 Potential Sales Formula (Trade Area Population)X(County Sales/County Pop)X(Trade Area per Capita Income/County per Capita Income) $B$12"(X/$B$2)*($B$13/$B$3) X=County sales by retail category Bldg&Garden Potential Sales !Actual Sales Capture(Leakage) 99,709,245 9,815,764 (89,893,481) 90%leakage Gen Merchandise Potential Sales Actual Sales Capture(Leakage) 274,109,278 41,500,000 (232,609,278) 85%leakage Food Stores Potential Sales Actual Sales Capture(Leakage) 219,595,665 239,015,506 19,419,841 Actual sales exceed potential sales Apparel&Access Potential Sales Actual Sales Capture(Leakage) 83,608,552 73,925,499 (9,683,053) 12%leakage Furniture Potential Sales Actual Sales Capture(Leakage) 100,187,497 53,863,705 (46,323,792) 46%leakageMisc. -- - -- —�— Potential Sales Actual Sales Capture(Leakage) 197,972,937 139,576,493 (58,396,444) 29%leakage 84108,84112,84113,84102,84105,84106,84109-County Comparison FACTOR VALUE SOURCE County Population 898,387 2000 Census County Per Capita Income 20,190 2000 Census County Sales(Retail Categories) I Utah State Tax Commission-2009 Salt Lake County Taxable Sales Bldg&Gardenj 763,660,042 Gen Merchandise' 2,099,367,050 Food Stores 1,681,854,431 Apparel&Access! 640,346,951 Furniture] 767,322,917 Misc. 1,516,248,789 Trade Area Population 119,648 2000 Census-Zip Code 84108,84112,84113,84102,84105,84106,84109 Trade Area Per Cap Income 25,066 2000 Census-Zip Code 84108,84112,84113,84102,84105,84106,84109 Trade Area Sales Utah State Tax Commission-2009 Zip Code Level Sales 84108,84112,84113,84102,84105,84106,84109 Bldg&Garden 10,615,764 Gen Merchandise) 41,520,000 Food Stores'' 315,966,401 Apparel&Access! 76,141,637 Furniture; 55,599,228 Misc.' 203,797,106 'Potential Sales Formula (Trade Area Population)X(County Sales/County Pop)X(Trade Area per Capita Income/County per Capita Income) j $B$12`(X/$B$2)*($B$13/$B$3) X=County sales by retail category Bldg&Garden Potential Sales 'Actual Sales Capture(Leakage) 126,267,263 110,615,764 (115,651,499) 92%leakage Gen Merchandise Potential Sales Actual Sales Capture(Leakage) 347,119,553 j41,520,000 (305,599,553) 88%leakage Food Stores Potential Sales 'Actual Sales Capture(Leakage) 278,085,987 1315,966,401 37,880,414 Actual sales exceed potential sales Apparel&Access Potential Sales Actual Sales Capture(Leakage) 105,878,078 76,141,637 (29,736,441) 28%leakage Furniture Potential Sales !Actual Sales Capture(Leakage) 126,872,901 •55,599,228 (71,273,673) 56%leakage —_ Misc. Potential Sales :Actual Sales Capture(Leakage) 250,703,945 :203,797,106 (46,906,839) 19%leakage ATTACHMENT D SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City&County Building 451 South State Street, Salt Lake City, Utah Wednesday,February 9, 2011 Present for the Planning Commission meeting were Chair Michael Fife, Vice Chair Angela Dean, Commissioners Emily Drown, Bobs De Lay, Kathleen Hill, Charlie Luke, Susie McHugh, Matthew Wirthlin and Mary Woodhead. Commissioner Michael Gallegos was excused. A field trip was held prior to the meeting Planning Commissioners present were: Michael Fife, Emily Drown, Charlie Luke, Matthew Wirthlin, and Mary Woodhead. Staff members in attendance were Nick Norris,Wayne Mills, and Thomas Irvin A roll is being kept of all Who attended the Planning Commission Meeting. The meeting was called to order at 5:45 p.m. Audio recordings of the Planning Commission meetings are retained in the Planning Office for an indefinite period of time. Planning staff members present at the meeting were: Wilf Sommerkorn, Planning Director; Nick Norris, Planning Manager; Doug Dansie, Senior Planner; Wayne Mills, Senior Planner; Thomas Irvin, Principal Planner; Ana Valdemoros, Associate Planner; Paul Nielson, Land Use Attorney; and Angela Hasenberg,Senior Secretary. Field Trip Notes: Planning Commissioners visited the following locations: PLNPCM2010-00800-Alpine Auto Brokers, 749 South State Street. Staff gave an overview of the proposal including the issue of future expansion to include outside sales and display. Questions were asked regarding the Conditional Use in the future if needed for outdoor space PLNPCM2010-00556 and PLNPCM2010-00557, 2705 E Parley's Way Master Plan and Zoning Map Amendment. Staff gave an overview of the proposal. Questions were asked regarding: m Process, particularly the Non Conforming issue and re-using existing building versus rezoning. o Responsibility of drainage issues. Draining issues were explained by staff. o What Commissioners can comment about at the Public Hearing. Staff answered that Notice was given so Planning Commissioners can make a recommendation if they chose to. d Parking and site plan. Staff explained those issues would be addressed if the zoning change was approved or through the site plan review process. © Other uses allowed in the CS zoning. Staff defined others uses allowed in CS zones versus CB zones. Planning Commission Minutes February 9, 2011 Page 1 The proposal includes 92,o0o sq feet,the height the maximum would be 33 feet in the front to screen a/c,but the average height of the building would be 26 feet. The landscaping would be increased. Ms.Garcia described other benefits that would relate to rebuilding. • Park and Ride • Lighting and energy savings Commissioner Hill asked if Wal-Mart wag w lhno t • • He believed that if the desire was to push Wal-Mart out of that property hoping the City could wai it out,that Wal-Mart would tire of their old energy deficient building,it would still be their building to sell. As long as the structure is there,it would always be a non-conforming use. Regardless of the zoning,the only way to have a say as to what goes onto the property would be through a rezoning. Mr.Luke noted that if the parcel was rezoned,Wal-Mart would have to come back to planned development where the Commission could place conditions on the property. Without that,Wal- Mart was not obligated to do anything. The remodel would then be on Wal-Mart's terms. Mr.Luke said waiting it out would not be planning,but would be patience. The right and responsible thing to do would be to rezone and therefore enable the Planning Commission to ensure the changes. Commissioner Drown thanked the audience for participating in the public process.Commissioner Drown discussed the exiting movement toward green building,green energy and growth and the future. Commissioner Drown stated that she felt that the decision would have to be what would be what it best for her,her children-her family any o «L- -- Commissioner Wirthlin added that the last time this issue was placed before the Planning Commission,there was a unanimous denial. Nothing had changed.The Master Plan was still in place,the community had not changed their minds as to whether it was an appropriate zone for the site. Mr.Wirthlin stated that the Master Plan might be outdated,but the particulars regarding this site were not. The community closest to the site say they feel the same way. Commissioner Dean stated that she completely agreed with Commissioner Wirthlin. She stated that there should not be a rush to modify. She felt that 25 years was not too long for a Master Plan and was comfortable with the CZ zone as is. Commissioner McHugh chose not to speak. Commissioner Woodhead stated that she agreed Commissioner Wirthlin, and wanted to express her appreciation of the people from Wal-Mart and their openness to discussion with the community. Commissioner Woodhead felt the zoning was appropriate. Commissioner Hill agreed with Commissioners Wirthlin and Woodhead. Commissioner Hill discussed the importance of vision and the Master Plan. Commissioner Hill stated that Wal-Mart needed to take into consideration the desires of Salt Lake City's residents for a sense of community that had been undermined by the suburban model. Salt Lake wanted a neighborhood feeling,commercial districts, that encourage small business and walkability. Commissioner Hill stated that if you want success,first you must define the outcome. That is the idea behind the Master Plan. She added that the land belongs to the people and it's the stewardship of the developers, citizens and Planning Commissioners to make sure they do the right things with the land. Commissioner Fife stated his appreciation of the comments from the community and the Planning Commissioners. He agreed with Commissioner Wirthlin and found the current zoning appropriate. 0:44:48 Motion Commissioner Wirthlin made the motion that based on the robust discussion, the community input and the reasoning set forth in the materials presented in the staff report and the evidence received this evening in respect to PLNPCM2o10-00556 Salt Lake Planning Commission Minutes, February 9, 2011 Page 18 • Master Plan amendment and PLNPCM2oio-oo557 Zoning Map amendment,he moved that the Planning Commission forward a recommendation of denial of both petitions. Commissioner McHugh seconded the motion. Comment: Planning Director Sommerkorn noted that there was discussion regarding the Master Plan,he stated that the Master Plan was 25 years old,and did not use the same terms that we use today.The East Bench Plan from 25 years ago only refered to one commercial area and it called it neighborhood business. It designated this area as neighborhood business,but also designated Foothill Village as neighborhood business. Planning Director Sommerkorn added that currently the zoning for Foothill Village was CS,but this parcel was CB. The zone is not the same as it was in 1995. Mr. Sommerkorn said that the plans really need to be rewritten so that the Commission could be apples to apples. Vote:Commissioners Drown,Dean,Hill,McHugh,Wirthlin and Woodhead all voted "aye". Commissioner Luke voted"nay"The motion passed. 9:48:20 PM Meeting adjourned This document, along with the digital recording, constitute the official minutes of the Salt Lake City Planning Commission held on February 9,2011. Angela Hasenberg Salt Lake Planning Commission Minutes,February 9,2011 Page 19 ATTACHMENT E 21A.26.030: CB COMMUNITY BUSINESS DISTRICT: A. Purpose Statement: The CB community business district is intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods. The design guidelines are intended to facilitate retail that is pedestrian in its orientation and scale, while also acknowledging the importance of transit and automobile access to the site. B. Uses: Uses in the CB community business district as specified in section 21A.26.080, "Table Of Permitted And Conditional Uses For Commercial Districts", of this chapter are permitted subject to the general provisions set forth in section 21A.26.010 of this chapter and this section. C. Planned Development Review: Planned developments, which meet the intent of the ordinance, but not the specific design criteria outlined in the following subsections, may be approved by the planning commission pursuant to the provisions of chapter 21A.55 of this title. D. Lot Size Requirements: No minimum lot area or lot width is required, however any lot exceeding four (4) acres in size shall be allowed only as a conditional use. E. Maximum Building Size: Any building having a fifteen thousand (15,000) gross square foot floor area of the first floor or a total floor area of twenty thousand (20,000) gross square feet or more, shall be allowed only as a conditional use. An unfinished basement used only for storage or parking shall be allowed in addition to the total square footage. F. Minimum Yard Requirements: 1. Front Or Corner Side Yard: No minimum yard is required. If a front yard is provided, it shall comply with all provisions of this title applicable to front or corner side yards, including landscaping, fencing, and obstructions. 2. Interior Side Yard: None required. 3. Rear Yard: Ten feet (10'). 4. Buffer Yards: Any lot abutting a lot in a residential district shall conform to the buffer yard requirements of chapter 21A.48 of this title. 5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may be located in a required yard subject to table 21A.36.020B of this title. 6. Maximum Setback: A maximum setback is required for at least seventy five percent (75%) of the building facade. The maximum setback is fifteen feet (15'). s , Exceptions to this requirement may be authorized as conditional building and site design review, subject to the requirements of chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: • a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. 7. Parking Setback: Surface parking is prohibited in a front or corner side yard. Surface parking lots within an interior side yard shall maintain a twenty foot (20') landscape setback from the front property line or be located behind the primary structure. Parking structures shall maintain a thirty five foot (35') minimum setback from a front or corner side yard property line or be located behind the primary or.% structure. There are no minimum or maximum setback restrictions on underground parking. The planning director may modify or waive this requirement if the planning director finds the following: a. The parking is compatible with the architecture/design of the original structure or the surrounding architecture. b. The parking is not part of a series of incremental additions intended to subvert the intent of the ordinance. c. The horizontal landscaping is replaced with vertical screening in the form of berms, plant materials, architectural features, fencing and/or other forms of screening. d. The landscaped setback is consistent with the surrounding neighborhood character. e. The overall project is consistent with section 21A.59.060 of this title. Appeal of administrative decision is to the planning commission. G. Landscape Yard Requirements: If a front or corner side yard is provided, such yard shall be maintained as a landscape yard. The landscape yard can take the form of a patio or plaza, subject to site plan review approval. H. Maximum Height: Thirty feet (30'). I. Entrance And Visual Access: 1. Minimum First Floor Glass: The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of windows • on the front facade, shall not have less than forty percent (40%) glass surfaces. All first floor glass shall be nonreflective. Display windows that are three-dimensional and are at least two feet (2') deep are permitted and may be counted toward the forty percent (40%) glass requirement. Exceptions to this requirement may be authorized as conditional building and site design review, subject to the requirements of chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director may approve a modification to this requirement if the planning director finds: a. The requirement would negatively impact the historic character of the building, b. The requirement would negatively impact the structural stability of the building, or c. The ground level of the building is occupied by residential uses, in which case the forty percent (40%) glass requirement may be reduced to twenty five percent (25%). Appeal of administrative decision is to the planning commission. 2. Facades: Provide at least one operable building entrance per elevation that faces a public street. Buildings that face multiple streets are only required to have one door on any street, if the facades for all streets meet the forty percent (40%) glass requirement as outlined in subsection 11 of this section. 3. Maximum Length: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the first floor level shall be fifteen feet (15'). 4. Screening: All building equipment and service areas, including on grade and roof mechanical equipment and transformers that are readily visible from the public right of way, shall be screened from public view. These elements shall be sited to minimize their visibility and impact, or enclosed as to appear to be an integral part of the architectural design of the building. J. Parking Lot/Structure Lighting: If a parking lot/structure is adjacent to a residential zoning district or land use, the poles for the parking lot/structure security lighting are limited to sixteen feet (16') in height and the globe must be shielded to minimize light encroachment onto adjacent residential properties. Lightproof fencing is required adjacent to residential properties. 21A.26.040: CS COMMUNITY SHOPPING DISTRICT: A. Purpose Statement: The purpose of the CS community shopping district is to provide an environment for efficient and attractive shopping center development at a community level scale. B. Uses: Uses in the CS community shopping district as specified in section 21A.26.080, "Table Of Permitted And Conditional Uses For Commercial Districts", of this chapter are permitted subject to the general provisions set forth in section 21A.26.010 of this chapter and this section. C. Planned Development Review: All new construction of principal buildings, uses, or additions that increases the floor area and/or parking requirement by twenty five percent (25%) in the CS community shopping district may be approved only as a planned development in conformance with the provisions of chapter 21A.55 of this title. D. Minimum Lot Size: 1. Minimum lot area: Sixty thousand (60,000) square feet, excluding shopping center pad sites. 2. Minimum lot width: One hundred fifty feet (150'). E. Minimum Yard Requirements: 1. Front And Corner Side Yard: Thirty feet (30'). 2. Interior Side Yard: Fifteen feet (15'). 3. Rear Yard: Thirty feet (30'). 4. Buffer Yards: All lots abutting property in a residential district shall conform to the buffer yard requirements of chapter 21A.48 of this title. 5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may be located in a required yard subject to table 21A.36.020B of this title. F. Landscape Yard Requirements: A landscape yard of fifteen feet (15') shall be required on all front and corner side yards, conforming to the requirements of section 21A.48.090 of this title. G. Maximum Height: No building shall exceed forty five feet (45'). H. Access Restrictions: To maintain safe traffic conditions, lots in the CS community shopping district shall not exceed one driveway per one hundred fifty feet (150') of frontage on arterial or major collector streets. The location of driveways shall be subject to review by the development review team through the site plan review process. I. Effect Of Planned Development On Minimum Standards: Pursuant to chapter 21A.55 of this title, the planning commission may modify the standards set forth in subsections D through H of this section in the approval of planned developments within this district. Community Business (CB) and Community Shopping (CS) Districts - - Comparison of Allowed Uses Wal-Mart is requesting an amendment to the Salt Lake City zoning map to rezone the property located at 2705 E. Parley's Way from Community Business (CB) to Community Shopping (CS). The following table provides a comparison of uses that are allowed in the (CB) and (CS) Districts. Each use is classified as a Permitted (P) or a Conditional (C) Use, and are defined as follows: "Permitted Use" (P): Uses that are permitted "by-right", provided that they comply . with all stated requirements of the zoning ordinance, and their applicable city, state, and federal regulations. "Conditional Use" (C): A land use that because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses may not be compatible in some area or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. (-): Use not allowed in the zoning district. Permitted and Conditional Uses By District EXISTING ZONE: PROPOSED ZONE: USE Community Business Community Shopping (CB) (CS) RESIDENTIAL: Assisted living center, large P - Assisted living center, small P - Group home, small P P Living quarters for caretaker or P P security guard Mixed use developments P P Multiple-family dwellings P P Nursing home P - Rooming (boarding) house C C OFFICE AND RELATED USES: Financial institutions with drive- through facilities P P Financial institutions without drive- P P through facilities EXISTING ZONE: PROPOSED ZONE: USE Community Business Community Shopping (CB) (CS) Medical and dental clinics and offices P P Offices P P Veterinary offices, operating entirely within an enclosed building and keeping animals overnight only for P P treatment purposes RETAIL SALES AND SERVICES: Automobile repair, major - C Automobile repair, minor P P Car wash as accessory use to gas station or convenience store that sells P P gas Car wash, with or without gasoline sales - P Conventional department store - P Furniture repair shop P P "Gas station" C P Health and fitness facility P P Liquor store C C Mass merchandising store - P Restaurants with drive-through facilities P P Restaurants without drive-through facilities P P Retail goods establishments with drive- through facilities P P Retail goods establishments without drive-through facilities P P Retail services establishments with drive-through facilities P P Retail services establishments without drive-through facilities P P Speciality store .40000, - P Superstore and hypermarket store - P EXISTING ZONE: PROPOSED ZONE: USE Community Business Community Shopping (CB) (CS) Upholstery shop P P INSTITUTIONAL (SITES <2 ACRES): Adult daycare center P P Child daycare center P P Community recreation centers on lots• P P less than 4 acres in size Government facilities (excluding those P P of an industrial nature and prisons) Libraries C C Museum P P Music conservatory P P Places of worship on lots less than 4 P P acres in size Schools, professional and vocational P P Seminaries and religious institutes P P COMMERCIAL AND MANUFACTURING: Laboratory, medical, dental, optical P P Laboratory, testing - C Motion picture studio - P Photo finishing lab - P Plant and garden shop, with outdoor C C retail sales area RECREATION, CULTURAL AND ENTERTAINMENT: Amusement park - P Art gallery P P Art studio P P Commercial indoor recreation - P Commercial outdoor recreation - C EXISTING ZONE: PROPOSED ZONE: USE Community Business Community Shopping (CB) (CS) Community gardens p p Dance studio p p Live performance theaters c p Miniature golf _ P • Movie theaters C p Natural open space and conservation C c areas Parks and playgrounds, public and P P private, on lots less than 4 acres in Pedestrian pathways, trails, and greenways P P Private club C P Squares and plazas on lots less than 4 P P acres in size Tavern/lounge/brewpub, 2,500 square _ feet or less in floor area Tavern/lounge/brewpub, more than _ , ,,, 2,500 square feet in floor area C MISCELLANEOUS: Accessory uses, except those that are specifically regulate in this chapter, or P p elsewhere in this title Ambulance services, dispatching, stagin and maintenance conducted P p entirely within an enclosed building Ambulance service, dispatching, staging and maintenance utilizing P p outdoor operations Auditorium _ P Bed and breakfast p P Bed and breakfast inn p p Bed and breakfast manor (in a C landmark site) Check cashing/payday loan business P _ Communication towers p P Communication towers, exceeding the C maximum building height EXISTING ZONE: PROPOSED ZONE: USE Community Business Community Shopping (CB) (CS) Crematorium - C Farmers' market - C Flea market (indoor) - P Funeral home - P Hotel or motel C - House museum in landmark sites C C Limousine service utilizing not more C - than 3 limousines Off site parking P P Offices and reception centers in P P landmark sites Outdoor sales and display C C Park and ride lots C C Park and ride, parking shared with P P existing use Public/private utility buildings and P P structures Public/private utility transmission P P wires, lines, pipes and poles Radio, television station - C Recycling collection station P P Reverse vending machines P P t . Salt Lake City CB and CS Zoning l it iln � Illt! u�o 1 i IC IF Arid' '%.JI 1\_\_ ate � --1(llf� .� 0eI \� Legend LIIS �� �II�ll1el�, t CAPI7GL�M IL i . IUI'. 1TT AVEnUES_ w pp J» LI� II nI ••r.-I 1l It Zoning NORTHWEST7:1 raj 1IIIII�N t ir,wx_ �` III IIIII r 4.J. �) tli1 �e-,fn1 �? I I q I �j-III L 91Ir 1. l[n ID �0000e1 L I ooin IZL�„ �J1\\% ❑r t ❑ ' Street CleeeIScellon yi L'§. . J iii _ ;JIL��l3.'r.'[°�oL°i ' C 1� ✓.1 State Ig { J A._ I ^J❑ .— 'y. Oof] ..0 Op,r —nnenel Cdtettor 1! _gym�..1,� I�i ■ L U I ■ ::T Ili [ H �1 freeways / 9 1- 1011 IglOall 'IH NM—MN ■ QtU1❑[IDW(�! ( IIIIIII I III -_[T7 I inn❑il[R / i. N IL 1) \ �[ ,�nrll1 4._ JINN L LID a❑� ti I{' ,IIII I 1:JnL.I A E111"1.ill,. il„11111�in. CEIALII r OS Ii/ I g���r -- °"' I `tinnhi u,' ^t :•IIIH1tlIII�mfain II{7 `gnllmetz. _ I�d�.-_--:. 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ATTACHMENT F Public Comments • Comments received in the Council office • Council sponsored Open City Hall item (Disclaimer: This is not an all inclusive list of public comments regarding this issue) Walmart Rezoning/ Master Plan Amendment Public Comments as of July 14, 2011 Date Submitted Comments 7/7/2011 8:20 I am disappointed that we have to spend,time and energy on the 3rd attempt,or more,by Walmart regarding the Kmart property.Enough!I worry they will buy off the council!Like a parent who finally gives in to a whining child.I will go to the peak democracy site but it is a waste of everyonea€ 's time.The traffic problem alone should prohibit expansion.Wouldna€"t it be wonderful if 1/2 of the land could be a park and ride for mass transit along the foothill corridor or down Parleya€'"s canyon to sugar house.And the other half a park.Dream on.Happy 4th of July.Thanks for serving. • 7/11/2011 8:15 I think this is ridiculous.Why do we keep giving Walmart the runaround if they are going to have a store there anyway?If they are requesting permission from the City to make a new location nicer why are we telling them no? Walmart IS coming to that location.I think that the majority of uninformed residents of that area believe that by not supporting Walmart remodeling that location that they are really turning away Walmart all together.Please help me understand why we are demanding a good company come in to a very outdated location.Thank you very much,Michael Oakford 7/1/2011 7:45 Wal-Mart can build it big or little,new or old,it doesn't matter to me.I won't shop there no matter what.I am not alone on this.East benchers like to buy local.That retail space would be better served by multiple small businesses owned by locals.It is saddening that the council is selling out to big-box blowhards.My wish is for Wal-Mart to just go away. 7/5/2011 7:52 I am in favor of wallmart coming to Parleys Way.By having a new store in our area it will provide competition to Dans,Smiths and Fresh market and this is good for residents in this area.I also think they should be allowed to rebuild rather then remodel the existing building. 7/7/2011 8:20 I am disappointed that we have to spend,time and energy on the 3rd attempt,or more,by Walmart regarding the Kmart property.Enough!I worry they will buy off the council!Like a parent who finally gives in to a whining child.I will go to the peak democracy site but it is a waste of everyonea€'"s time.The traffic problem alone should prohibit expansion.Wouldna€'"t it be wonderful if 1/2 of the land could be a park and ride for mass transit along the foothill corridor or down Parleys€' s canyon to sugar house.And the other half a park.Dream on.Happy 4th of July.Thanks for serving. 6/3/2011 9:28 I attended the City Council meeting when St Joseph's Villa asked for a rezone to update its facilities,particularly the Amok Alzheimer's ward.I listened as the 4'8'tall Sister Mary Catherine desperately pleaded in a soft Irish accent,to allow the rezone in order to better care for the elderly in our community whose only choice is the Villa because it accepts Medicaid.But the city council voted the rezone down because the neighborhood resisted.Now,we have WalMart wanting a rezone on Parley's Way in a neighborhood which is also resisting.I can't help but compare City Council denying the needs of a compassionate,elderly-care facility to considering the request of a multi-national,multi- billion dollar,for-profit,retail corporation.If the City Council votes in favor of a huge corporation while denying our elderly in the exact same circumstance,it will be very telling of City Council's priorities.And it is a story I will be more than happy to report to any news media who will listen. 11/16/2010 12:01 Dear Mr.Weeks,please see our response to the questions you have indicated in your note.1.If a guest at your hotel wants to go to places such as Provo,Park City or a ski resort,and you use a car service(a company under contract with your hotel to provide transportation to hotel guests for a fare),do you or the guest reserve the ride 30 minutes in advance,or does the concierge or bell person call up a car immediately?We are able to provide car service 30-minutes in advance using a private transportation company for planned group outings and for some pre- planned individual excursions.However,the majority of guests who venture out to visit local attractions do so because of spur-of-the-moment openings in their business or personal agendas.These circumstances in particular, require a€aeon demands"€lI car service to adequately fulfill their needs.It should be noted that the transportation options(cab or private car)used in these circumstances reflect either the guest's specific preference or are selected at random from a transportation staging area on a first come,first service basis,as is done at the Salt Lake City International Airport.2.If city ordinances require either your hotel or your guests to reserve a car service ride 30 minutes in advance if those guests want to go to Provo,Park City or ski resorts,what effect,if any,would that have 11/17/2010 9:40 Called into the Council Office requesting that JT Vote no on the Wal-Mart Re-Zone issue. 11/17/2010 9:41 Called the Council Office voicing her opposition to the Wal-Mart Re-Zone. 11/17/2010 9:42 Called the Council Office requesting 1T to vot no on the Wal-Mart Re-Zone issue.States that Wal-Mart is not our Amok friend. 11/17/2010 9:43 Called the Council Office requesting JT and Soren vote no on the Wal-Mart Re-Zoning Request.She is very much opposed. 11/17/2010 11:02 Dear Mr.Mills,Thank you for your through and detailed response.It is very helpful and clears up my questions/concerns.I certainly would not want to see a significant amount of a€cestorage containersael on the property,but that sounds like something that could occur with the existing zoning.Thank you again for your time on this and the through response.I am confident that the planning commission is doing its best for the long term use and re-development of the property.I am still in favor of a rezone of the property as long as it complies to the recommendations and guidelines of the planning commission.Best regards,Rick 11/17/2010 11:07 If the new zone is limited to the existing Kmart property,I see no harm in bringing Wal-Mart into the area.We need to be more business friendly to get the economy moving again. 11/17/2010 11:21 We are in favor of the Walmart Rezoning.We have lived in this area for 35 years and believe it will benefit the community. 11/18/2010 11:13 I live east of Foothill on Comanche and drive to the 300 West Wal-Mart every week or so.I would love to save the gas and help lower pollution in the valley by shopping at as large as possible a Wal-Mart on Parleys.I think all these protests are elitist and propelled by those who can pay higher prices for everything.Please do not be overwhelmed by their organized voices.Many of us want the convenience of a closer Wal-Mart.I do not feel comfortable going to the East Bench Council meeting and standing up against the"in"crowd that somehow relishes in bashing Wal-Mart. 11/19/2010 10:55 As a neighbor of the long-time vacant KMart store at Parleys Way and Foothill Drive,I support the construction of a new WalMart Store on the site and urge the City to approve the requests of WalMart to do so.As experienced real estate developer in Salt Lake City I am well aware of the options the City has to require many things of a developer as projects are proposed.I suggest that you insure appropriate landscaping accompany the construction of a new building so that the"sea of asphalt"which is now so enjoyed by some of the outspoken neighbors,turns into a lively communitdy center with greenery as well as parking.Perhaps a development agreement could be entered into between the City and WalMart which would govern the size,design,site plan,landscape plan and elevations which would better define the end product.I have entered into a number of development agreements over the years with many cities in the valley.They are not unusual and WalMart might find such an approach attractive to resolving some of the issues complained about by some of the neighbors.Frankly,the silent majority of neighbors to this property would like to see it developed in order to add to the City's tax base,add sales tax revenues to City coffers and clean up what is now a blighted property.In fact the blight there may be enough for the Redevelopment Agency to consider it as a target area.I hope it doesn't come to that.This project has become controversial largely • because some citizens in the area would like to see nothing happen.The problem with this approach is that the property only becomes more blighted which in the real world does lead to the property becoming a center for criminal activity.When no one visits the property daily it is an ideal place for drug trafficking or whatever other 11/22/2010 13:21 I live across from the Parleys€TMs Way Kmart/WalMart site.The November 19 editorial in the Tribune says that a big box store will be built there,and that the only question is the size of that store.I am not convinced.Is WalMart legally required to develop the property in a particular way?Is there anything preventing WalMart from getting the zoning changed and then selling the property?My understanding(based on some research)is that its€TMs possible the rezoned property could be developed and used,for example,as a pit stop for truckers travelling 1-80,with dozens of diesel and other fuel pumps,a store,a restaurant,sleeping accommodations,and overnight parking for 18-wheelers and other commercial trucks.Even if WalMart has some legal obligation to develop the property as a store in line with the presentations made,if there is enough profit to be made by violating the obligation, whata€'s to stop that from happening?There is too much uncertainty here for me to be convinced that the Tribunes€TMs editorial is accurate. 11/22/2010 13:27 I live off Foothill on the East Bench.01 think it is insane that you all are insisting on a aCcecute little shopping areas€®instead of letting Walmart come in a replace that UGLY empty building.I would love to have a Walmart closer than 1300 S.and 300 W.But more importantly,it would not be taking the place of green space or a lovely park.I do not see anyone converting that UGLY Kmart into a parka€I a€;I would rather it would be functional building that would serve the neighborhoods€;s€;and let it be big enough to house a grocery department as well. It would be a different story if they wanted to build on green space,but for heavens sakes€;s€;..nothing has been allowed to be done to that property long enough.A brand new Walmart would be 1000X better than what is there now! 11/23/2010 17:56 I'm confused about the rezoning issue.If Walmart can occupy the current building,why is rezoning necessary to build something which would be an improvement over the old K Mart building and parking lot?I am absolutely against anything like Sugar House Commons.Driving in,out,or around there is a nightmare.I am a senior citizen and my husband is disabled.We don't have the option of walking long distances to shop.I think Walmart should be allowed to build the smaller store and put in the landscaping improvements.It would certainly be short sighted to force Walmart to give up altogether.Downtown Sugar House is a fine example of what can happen.It could be decades before anyone else decides to build on the K Mart site. 11/23/2010 18:17 I see no reason why this property should continue to go unimproved and the revinue being lost.We lost K Mart and now we have a chance to fill that void with a strong retailer that will be much closer to do business with.We need a WalMart in this part of the city,so do what it takes to get the project started. 11/24/2010 11:24 I am very much in favor of rezoning for the Wal-Mart on Parley's.I attended the Foothill Council meeting in which Wal-Mart representatives presented their proposal and listened to the questions and comments from the attendees to gain some persepective.I believe the current building and landscaping do need some dramatic improvements.However,doing a facelift on old buildings and landscaping can just be a temporary fix.Other parts of the valley(ie.City Creek project,Gateway project,growth in Sandy/Draper,the west side)all feature for the most part new construction.The Sugarhouse area has had new commercial buildings in recent years(Whole Foods) with more in the works.With a general understanding of the issues,it seems the city would miss out on a great opportunity to improve storm drain issues,traffice flow,and overall enhancement of an area that desperately needs it by not approving the rezoning request.I am strongly in favor of the city council approving the rezoning request of the Wal-Mart Parleys area for am improvement to the area.Larry Hardie 1793 S.2600 E. 11/24/2010 12:36 In favor of new Walmart proposal.Something needs to be done with the building,it has been empty too long. 12/2/2010 5:10 Dear Council Members,I hope you will take a moment to read this story below through to the end,where there is a message for you.Al Norman sprawl-busters.com-- ---------------2010-12-01 Salt Lake City,UT.Wal-Mart Accused of Trying to Bribe Local Residents In October of 2009,Eduardo Castro-Wright,then Wal- Marta€'"s vice chairman of U.S,stores,told the Arkansas Democrat-Gazette,a€oeThe writing is on the wall,we are going to smaller stores.a€0 Residents in Salt Lake City are learning first-hand how that statement plays out. Residents charged this week that Wal-Mart is trying to bribe some of them with cash payments.On August 31, ,r- 2010,Sprawl-Busters reported that after more than two years of battles,Wal-Mart unveiled a new a€cecondenseda€e superstore plan for a neighborhood in Salt Lake City that doesna€"t want superstores.This story began on July 29,2008,when Sprawl-Busters indicated that Wal-Mart wanted to build a 122,320 s.f. supercenter in the heart of the Sugar House neighborhood,but first it planned to tear down an empty 113,000 s.f. Kmart it bought several years ago.The citya€•"s zoning ordinance says the existing building can be remodeleda€"but not torn down.In 2005,Salt Lake City passed a zoning amendment that prohibits supercenters from SC-community businessa€ 'areas,which now requires Wal-Mart to change the zoning on the Kmart property- -a parcel that Wal-Mart bought five years ago.Wal-Mart asked for a rezoning of the property---and tried to sweeten the deal by offering a landscaping package,"green"features on the building,new sidewalks and other site 12/2/2010 14:21 I am Tom Grisley,and I am a homeowner residing at 2348 Scenic Drive with my wife,Marnie and my two sons,Tim (17)and Robbie(20).My daughter is also a resident at our house,although she currently attends Gonzaga University in Spokane,WA.We intended to attend the East Bench Community Council Meeting held a couple of weeks ago at the Anderson-Foothill Library.However,we had time constraints,so that we could not attend the entire meeting.I had planned attend with my wife and son,Robbie in order to vote no against the rezoning.I called Gene Moffitt of the East Bench CC shortly before the meeting and asked if it would be possible for us to show up and vote and not stay for the entire meeting.He indicated that this was not going to be possible,and that voting would occur towards the end of the meeting.I then asked what time he anticipated the meeting would end,and was told that it would probably run until 9 or 9:15.In reliance on Mr.Moffitta€'"s representations,and due to our prior time constraints,we did not attend the meeting.The next day we learned that it was possible to show up and vote without staying the entire meeting,and that many people did just that.I read that the outcome of the voting was 46-44 in favor of the rezone.We have actively discussed the rezoning issues between ourselves in the household,and with our neighbors.We are firmly set against the rezoning,as we believe that it will set a bad precedent,and ultimately impair desired development in the immediate neighborhood,i.e.smaller stores,more regulated disbursement of traffic,etc.la€"'ve seen zoning issues addressed in similar circumstances as a result of my dealings with land-use issues as an attorney,and quite frankly,I see this instance as Wal-Mart gaining a foothold 12/7/2010 15:38 I've lived in District 6 my whole life.I've seen the East Bench mountainside cut into in order to allow for more housing.I used to hike in those mountains where houses now stand.There are developments that should have never happened,and because of this the East Bench Master Plan was created in 1982.It allows us to preserve our community.I also remember when K-Mart was built around 40 years ago.It has now wasted to an old ugly unused building with environmental issues.If it were historic,we would upgrade and preserve it,but it's not historic.I don't understand why people in the community won't allow for a nicer more environmentally friendly building.This is one decision that I feel we should make adjustments to the Master Plan in order to allow for a better building and area to be created. 12/13/2010 11:15 I want to thank you for setting aside the land in Parley's HistOlic Nature Park as an offleash area for dogs.I walk my dog in the park and we both enjoy the exercise,the fresh air and the socializing in this great natural environment. This is a real gift for myself and my dog.This park is different from most dog parks in that we can walk,run or bike with our dogs.We both get exercise.When this comes to a vote,I ask that you choose to keep the park as it is.Do not vote to limit oW'off-leash area.Please vote for retaining our ability to walk and explore this beautiful park with our dogs. 12/13/2010 11:16 I want to thank you for setting aside the land in Parley's HistOlic Nature Park as an offleash area for dogs.I walk my dog in the park and we both enjoy the exercise,the fresh air and the socializing in this great natural environment. This is a real gift for myself and my dog.This park is different from most dog parks in that we can walk,run or bike with our dogs.We both get exercise.When this comes to a vote,I ask that you choose to keep the park as it is.Do not vote to limit oW'off-leash area.Please vote for retaining our ability to walk and explore this beautiful park with our dogs. 12/13/2010 11:29 I want to thank you for setting aside the land in Parley's Historic Nature Park as an offleash area for dogs.I walk my dog in the park and we both enjoy the exercise,the fresh air and the socializing in tlus great natural environment. This is a real gift for myself and my dog.This park is different from most dog pares in that we can walk,run or bike with our dogs.We both get exercise.When this comes to a vote,I ask that you choose to keep the park as it is.Do not vote to limit our off-leash area.Please vote for retaining our ability to walk and explore this beautiful park with our dogs. 12/13/2010 11:42 I urge the Council to adopt a resolution to make:A-Hill into park off-leash safety,B-Stream access to 3(health of people and dogs)C-Southside off-leash(increase size for dogs and families)OR Resolve to maintain status quo. 12/13/2010 12:12 Signed petition supporting the proposed PHNP Management Plan.(Name not legible) 12/13/2010 12:37 Parley's Canyon should be used for off-leash.It encourages healthy walking,good friendships.I have used the area for 20 years.We should keep it for our dogs&children to enjoy.South Side off-leash.Off Leash from the(Illegible) on.I believes that the parking lot should be on leash. 12/13/2010 14:46 I have lived near the Parleys Nature Park(or Gully as my children have always called it)for more than 30 years.We have enjoyed walking through this special area as an escape from the hustle and bustle of the city,a place to reconnect with nature and a place just to have fun!As a history enthusiast,I also enjoyed looking at the historial markers and imagining what it might have been like when the pioneers came through and the Native Americans before them.I feel the plan as proposed with specified areas for dogs to enjoy being off-leash while protecting the natural environment,water quality and historical sites as well as providing trails for walkers and bikers is a marvelous way to meet the needs of diverse users.I encourage a vote to accept the plan. 12/19/2010 0:23 I know I am not in your districts,but I wish to commend you on your integrity and your commitment to the people you represent.I recently learned of Wal-Mart's request to rezone to allow them to tear down the old K-Mart and build another Wal-Mart in its place.This is not in the community's best interest and the fact that you denied them their request is laudable.I understand they intend to continue to pester the council with similar requests.This behavior is not dissimilar to a small child.I would admonish you to continue to play the part of a responsible parent and be consistent in your answer,"No".If you let Wal-Mart do as they please,they will continue to pursue their own selfish interests to the detriment of your community.Thank you for watching out for those you represent. 1/15/2011 11:38 I strongly object to this rezone.Traffic is an enormous concern of mine,and the worst congestion is EXACTLY where the proposed WalMart would be.I will be personally affected every single day of my life by this traffic(unlike the East Bench Community Council members who are in favor of the rezone who live closer to Foothill Village).I wait endlessly for a dangerous opening between a constant stream of cars onto Foothill from Thunderbird--and forget about turning south since the traffic light often turns green for less than a few seconds.The random studies may suggest that Parley's could handle more traffic,but the reality is that the poorly constructed 215/80 East off-ramp for the Foothill/Parley's exit is already road-rage hell.There are constant accidents there and that is exactly where the traffic from around the valley will be coming from!And guess who gets to pay for any traffic"improvements"-- not WalMart!I only hope that the City Council will better represent my voice as a citizen than the East Bench Community Council.Also,a Big Box,and I mean ANY big box,is not a logical extension of the current office buildings and other small businesses in the area.A"Trader Joe's"or something small and neighbor friendly might be a better use of the property. 1/22/2011 7:37 I am against the East Bench rezone--just experienced another wicked traffic morning on Foothill. 1/23/2011 9:48 To whom it may concern,I am writing to express my concerns regarding the Wal-mart petition to rezone the property on Parleys Way.As a resident of the area,I am concerned about the overall impact of up-zoning this property.The foothill area has traffic congestion issues that have been documented by various studies within the last few years.Other concerns include noise,air quality,light pollution and general impacts on the residential area. My personal opinion is that this property would be better suited as a mixed use,multiple business and retail area that encourage pedestrian access.Approximately two years ago,I attended a Planning Commission meeting where an overwhelming majority of the public speakers were against the re-zone.The Planning Commission unanimously recommended against the re-zone.Wal-marts€"s tactic of retracting and re-submitting the petition should be scrutinized with the appropriate discretion.Sincerely,Thomas E Lindgren 2701 E Wilshire Drive • 1/23/2011 18:53 23 January 2011 To whom it May concern:I am writing to express my objection over Walmarta€TMs request to re- zone the property at 2705 Parleys€'"s Way from Community Business to Community Shopping.The current zoning for this property already allows Walmart to remodel their property;they simply do not require a re-zone to accomplish this.Just down the street Architectural Nexus has done a beautiful job of remodeling the former Ballya€ 's Gym into an attractive office building with no re-zone required.If a small company such as Architectural Nexus can accomplish this task,then certainly a large corporation such as Walmart can.Furthermore,the old Smiths building on 3300 South is currently being remodeled into two discount stores.la€TMm confident that shoppers will embrace a refreshed property such as this,and not give a second thought that the structure in which theya€"re shopping was remodeled.la€""m equally confident that Walmart can skillfully remodel their property to create a shopping experience that meets their customers€TMs expectations.Walmart has argued that shoppers deserve a newly constructed building vs.and old one.They maintain that it is too expensive to remodel vs.rebuild which to me seems unsubstantiated considering their vast resources.Salt Lake has many charming walk-able neighborhoods.When considering our approach on how to best develop the Parleys€TMs Way neighborhood,we • should also to strive to achieve this characteristic of a walk-able community.Many people I know have chosen to live in Salt Lake City as opposed to the suburbs,simply for the ability to walk to a desirable destination.This is something which should be recognized and protected.Dona€TM't let bad development tear apart the cohesiveness 1/25/2011 21:12 I am against the rezone of the Parley's Way Kmart site!I believe in the Master Plan process and agree that the property in this neighborhood should not be Community Shopping.Walmart's proposed planning agreement to molify the neighborhood is both bad practice and incredibly difficult if not impossible to enforce.If the zoning is changed we will forever have exactly opposite of what the East Bench Master Plan designs.I understand that Walmart owns the property.Let them build their store under the current zone and conduct business as best they know how.I hope to still be living across the street long enough that when they move on(as Kmart has and Walmarts often do)we as a neighborhood finally have something to be proud of that enhances our community as the East Bench Master Plan intends.Thank you,Heather Barth 1/26/2011 19:53 I have lived between the former K-Mart on Parley's Way(now owned by WalMart)and the Sugar House Commons shopping area for 25 years.I remember the residential community that existed before ShopKo,Nordstrom's Rack, and etc.Mostly I remember the ease of getting on the freeway to commute to my job or going over to Brickyard Village before thousands of vehicles were trying to get in and out of Sugar House Commons.Now I have the same transformation to look forward to on Parley's Way if WalMart is successful in getting rezoned from CB to CS.Just on the traffic issue alone this rezone should be denied,though there are other issues such as the WalMart-City agreement that leaves out community input now and in the future and makes the rezone application questionable. New CS zoning for WalMart opens the door to a much bigger enterprise than a single WalMart on the Parley's Way property.I see things getting worse,much worse,from the standpoint of a long-time neighborhood resident.Please recommend no rezone.Thank you. 1/27/2011 13:45 I am really dead-set against changing the zoning status of the land here.I think it will open up a can of worms.If Wal-mart cannot do their project under the current zoning,they can always sell the property.Bill Wegesser 1/28/2011 9:00 Dear Salt Lake City Council,I am writing concerning the Walmart Zoning on Parleys Way.I am against allowing Wal *""* Marta€TMs request that the current zoning be changed from Community Business(CB)to Community Shopping(CS). This property and the surrounding areas would become more congested with traffic and be inadequate for the use of public facilities that the property was intended to serve.The community as a whole is not opposed to business in this area,however,a community shopping center like Wal Mart is not ideal for this location.From the Foothill Land Use Study by Urban Planning Students at the U of U,Spring 2007,a€ce...the objective of this study is to help alleviate traffic and congestion along the neighborhood roads of the area.The continued use of the site for a large retailer such as Kmart,Wal-Mart or Target would become a regional attraction,therefore increasing the areas€TMs traffic volume and congestion.A mixed-use development could contribute to the needed employment in the area while staying consistent with the current usage along the corridor.S0 a€celt is envisioned that the[Kmart]site be redeveloped as a mixed-use,transit-oriented village.The village should be designed as a walkable community with pedestrian-oriented design elements,connecting to Foothill Drive and the surrounding community.The uses of the site should include housing,office and retail.The housing should be a mix of apartments,condominiums,and townhomes,helping meet the needs of future growth and allowing for a diversity of housing options in the area. Retail should be oriented towards smaller,locally-owned and operated businesses,keeping with the unique character of the Foothill Drive corridor.a€®Because Foothill Drive is already at maximum traffic capacity,the idea is 1/31/2011 9:25 Patricia Allred called and left a message on the Council Comment line regarding the Wal-Mart Re-zone.She believes that if the request is defeated it would be a shame,the area needs this type of store,and she feels its€TMs much nicer and more energy efficient.She realizes that some of the merchants in the area are against this re-zone because they will lose business,but she feels they will lose business because they are not doing a very good job. 1/31/2011 10:01 Attention Planning Commission and City Council Re:I oppose Rezone of 2705 Parleya€TMs Way from Community Business to Community Shopping.I have lived one block from Parleya€TMs Way since 1968.When KMart opened it was an eyesore and it still is,but adding 6%more vegetation is not going to change it.I dons€TMt understand why the issue is again coming up when the citizens and planners have clearly indicated it is not in the neighborhooda€'"s interest or master plan.One can only think that it is economic and political pressure from , Walmart.Never,never do you discuss what it is going to cost,if rezoned,to handle the additional traffic,the cost of traffic lights,the additional delays on already congested Foothill,the lack of an east bench plan for Foothill Drive. The lack of adequate rapid transit along this corridor,the lack of bike paths or the additional traffic on Stringham Avenue and Parleya€TMs Way.These are costs to the taxpayers who so resent paying taxes.If we pay more taxes let it be for education and open space.We cannot stop Walmart having a store with a similar footprint,but we can support enforcing the master plan,which is good and needed.Many other acceptable uses can be made of this property and I am sure Walmart could sell this property if the rezone is not approved and they are unwilling to downsize their plans.We have shopping services at Olympus Hills,Sugar House,and 3300 South,Foothill Village and along Foothill Blvd.Another Walmart is only about 5 miles away long with other big box stores:Target,Costco, and Lowes etc.on 3rd West.Lets keep our small stores and merchants in business.We have all the convenience we 1/31/2011 10:06 My objections to Wal-Marta€TMs petition for rezoning focus on traffic and site accessibility,which are closely linked. Our Wilshire Drive/Wilshire Circle neighborhood,with one way in and one way out,is directly across from the main driveway into the subject property and would certainly be impacted by the increase in traffic volume linked to a Wal-Mart super store.The driveway from Parley's Way is very awkward already and would not handle such a traffic increase.Because of the traffic light,traffic seems to flow fairly well now,but with the kind of volume typically experienced by Wal-Mart super stores the intersection would become congested with very limited space for backed up traffic.We shop regularly at the Sama€TMs Club and Costco stores on 300 West and notice that even with the comparatively easy access to those stores from 300 West,getting around and parking can be difficult.Access to a super store from Parleya€T"s Way--and back out again--would NOT be easy.Regardless of what occupies the property,there will always be people who drive into our neighborhood seeking a shortcut across the gully;when they realize there is no a€oeback door,a€0 they make a U-turn and speed back out.More shoppers will mean that many more drive-through speeders.Finally,Foothill Boulevard is already full and Parleya€ch's Way would become a nightmare if the rezone is permitted.This neighborhood is not suitable for a 24-hour super store.Thank you. 1/31/2011 11:59 Wayne Mills Salt Lake City Planning Division 451 S.State St.Room 406 PO Box 145480 SLC 84111-5480 Dear Mr. Mills,I am writing to oppose the proposed rezoning for the Walmart location on Parleys€"s way.My primary, though not my only objection,is that the proposed amendment is not consistent with the purposes,goals, objectives of the East Bench Master Plan.As a neighborhood community,we are not ignorant to what Walmart is proposing.We understand clearly and we are intentionally opposed.East Bench Master Plan,April,1987 1.Page 6: a€ceMajor zoning changes in the East Bench Community are neither anticipated nor encouraged.Changes involving expansion of existing business sites in response to documented needs should be reviewed cautiously and approved sparingly.a€®2.Appendix I:Zoning Change Compatibility Considerations a.Property must be on a street that can handle additional traffic.b.a€ceSpot or strips€©zoning to accommodate new businesses is strongly discouraged.[my emphasis]c.New businesses should be designed to be a logical extension of adjacent businesses, maintaining complimentary building design and landscaping motifs.o The only Community Shopping zones east of State Street are Brickyard,Foothill Village,and the area around Trolley Square.This is not the type of development we want to see in our neighborhood.At my particular address,I would essentially be bookended by two large • community shopping centers each just blocks away.It simply is not necessary.1.Community Shopping is intended to be a shopping center development on a regional scale.This is not in keeping with the surrounding neighborhood. 2.Rezoning this property would be spot zoning at its worst;solely to accommodate a single business with no regard 1/31/2011 16:54 I am writing to express my opposition to the rezone petition of Walmart for the old Kmart property on Parleys Way. I live at 2516 Wilshire Circle,directly south of the Walmart property.As you know,Walmart petitioned to have the zone changed a year or two ago and the neighborhood immediately surrounding the property was very much opposed to the change.The planning commission at that time made a determination that the rezone was not appropriate and voted to deny their request.Walmart is now back again with a new petition,that although slightly different,is substantially the same request to change the zoning to permit a brand new facility be built several times larger than what the present zoning would allow.I am against their request because I believe what they are proposing is not in keeping with the character of the neighborhood or in compliance with either the spirit or the letter of the master plan for the area.As you know,our neighborhood was never given the opportunity to comment when the Kmart was built decades ago,and in my opinion,their use of the property was never appropriate with the interests of the neighborhood.I am not against a commercial development,but I believe the uses permitted for this site should be those compatible with a neighborhood,not something expressly designed as a regional shopping destination intending to pull customers from distances far outside the neighborhood.I understand that Walmart has stated that if the rezone is not approved they will operate their business in the current structure as a grandfathered non-conforming use.That is their right and I have no problem with that.But I am strongly opposed to changing the zone that will forever determine the use of the future use of the property in a manner which I 1/31/2011 17:00 I would like to add my vote to deny the requests to amend the East Bench Master Plan and change the zoning to allow Wal-Mart to build a new building on the former Kmart property.My objections are these:ACC These proposed actions revert to a plan that the residents have already addressed and created the status that we want now.a€C The zoning for larger development does not fit with the residential nature and traffic capabilities of the area.a€C The zoning for larger development leaves the area open to much less input from the neighborhoods for future and continued development on the site RC This proposal has come before community groups several times before and been rejected soundly.Each continued resubmission contains minimal adjustment to respond to local concerns,which indicates that Wal-Mart really doesna€T"t want to work with the neighborhood.Again,I heartily request that these proposals for amendment to the Master Plan and zoning be denied! • 2/5/2011 21:59 Dear City Council,I live in the neighborhood of the proposed WalMart on Parleys Way/Foothill Boulevard and am , writing to you to express my concerns.I do not support any rezoning of the area.WalMart would have the area rezoned so that legally they could affect changes in the future that may not be in the interest of our community. While I can see the benefits to WalMart,and even to the community,of razing and then building a smaller,more eco friendly store,I can see even more difficulties in trying to stay current on what a rezone will and will not allow. Reviewing and monitoring the new criteria would become a major problem if not an impossibility for the community.Secondly,the area is already facing substantial traffic and opening a WalMart will increase it.Foothill Boulevard is already congested and if and when this new store opens,that congestion will increase.It will also force substantially more traffic along 2100 South thereby affecting a much larger area than just the WalMart location.If the area were to be rezoned,there is no telling what additional traffic deadlock would occur.I appreciate your time and attention to my concerns and respectfully request that you do not support WalMart's rezoning request.Thank you,Linda Frost 2/8/2011 11:06 I am writing to express my support for the rezoning of the Wal-Mart property on 2705 E.Parleys Way to a CS zone. As an owner of the Eastland Regency office complex where Woodbury Corporation is headquartered,which is contiguous to the Wal-Mart property,I believe it would be in the best interest of Salt Lake City and its residents to rezone this property.Our development sets a certain construction standard for the area and I thAink it Als important to continue the design standard our property has set.I believe that Wal-Mart will only be able to uphold the construction standards if Wal-Mart is granted the rezone and master plan amendment.The rezoning of the property will allow Wal-Mart to build a better store that will best serve our community.The rezone will allow Wal- Mart to improve traffic flow,flood mitigation,and site and building aesthetics,amongst various other aspects. While I have heard a few residents express concern about the operation of a Wal-Mart store on this property,this case is not about Wal-Mart,but rather about the land use.The rezoning of this property is appropriate because of its location and the surrounding uses.Foothill and Parleys is a gateway to East Salt Lake.Furthermore my understanding is that failing to rezone the property will not deter Wal-Mart from opening a somewhat operationally inefficient store in the existing building;however,the existing building is timeworn and unsightly,and ,,, , even with the remodel improvements Wal-Mart will be allowed to make under City code,the building will still not look as good as Wal-Mart's proposed new building.While I m excited to see the property in operatAion,regardless 2/8/2011 21:39 Our family lives on Maywood Drive.I am very concerned about the Walmart rezone and the impact that it may have on our neighborhood.I would be greatly displeased if Maywood Drive became an access street for semi trucks to the proposed unloading docks of Walmart on the west side of the building(if the land was rezoned).I would prefer that the docks remain in their current location,on the NE corner of the building.Rezoning this property puts in jeopardy our safety(due to increased traffic from vehicles and delivery trucks on a street where our kids play), and our privacy.I say NO to a rezone. 2/9/2011 14:28 To whom it may concern,Please do not allow the proposed walmart expansion!!I do not even want a walmart in my neighborhood!thats why I bought a house in this area at an increased price.If a walmart is built than I will plan to move out of state. 2/10/2011 10:55 The comments were about half and half-for and against.The time slot was moved up by almost an hour from proposed time slot.The council voted 7 to one against and with most you could tell they had their minds made up before a word was said.They accused Walmart of being arrogant.These people with one exception were on a power trip.The against speaking people were either from Sugarhouse-did not want competition,and/or did not want traffic,lights or anything else to do with Walmart.One compared the K-Mart building to the City and County bldg and how old buildings could be saved.There is a very large difference between the City and County bldg and the dump that has been a blight on the neighborhood for years.The people that were for,wanted the best place for the community,the most energy efficient,one that will increase our tax base,bring jobs to the neighborhood. There were electrical engineers,building engineers,people who said that the store would be vastly inferior if forced to remodel a 50 year old store,explaining the costs associated with a remodel that would force them to build a store that would not be best for the neighborhood.The council did not care as much about the people in the area as the people of Sugarhouse.When presented with the fact that the East Bench Community council was in favor, they jumped on the fact that is was only by a few votes.This was not a democratic process,it was one where the council members said we are superior and you don't count.Leave us alone!Reminded me a lot of DC,If you disagree with us you are stupid,just sit down and shut up..It is time for politicians and those appointed to start 2/14/2011 9:08 Dear Members of the SLC City Council,I hope you will take the time to read the story below about E.Parleys Way. There is a mesage for the Council at the end.This story has been posted on the Newsflash page at sprawl- busters.com.Best,Al Norman Sprawl-Busters Lake City,UT.Smaller Wal-Mart Superstore Still Gets Rejected Even a smaller Wal-Mart superstore cans€'"t find support in Salt Lake City,Utah.The Planning Commission on February 9th voted 6-1 not to rezone land for the giant retailer,leaving plans for a 92,000 s.f.superstore up in the air.Wal-Mart thought that by reducing their store from 122,320 s.f.that it might be more palatable.They found out this past week that they were wrong.This proposed superstore,located in the historic Sugar House section of east bench Salt Lake City,drew a bitter response from neighbors as soon as it became public.This story began on July 29,2008,when Sprawl-Busters indicated that Wal- Mart wanted to build a supercenter in the heart of the Sugar House neighborhood,but first it planned to tear down an empty 113,000 s.f.Kmart it bought several years ago.The citya€"s zoning ordinance says the existing building can be remodeledaa€"but not torn down.In 2005,Salt Lake City passed a zoning amendment that prohibits supercenters from a€"community businessa€"areas,which now requires Wal-Mart to change the zoning on the Kmart property—a parcel that Wal-Mart bought in 2005.Wal-Mart asked for a rezoning of the property---and tried to sweeten the deal by offering a landscaping package,"green"features on the building,new sidewalks and other 2/23/2011 8:17 Indeed,we were relieved to a degree with Mr.Wilford Sommerkorn's note explaining that the SLC Planning Commission recent vote did not memorialize a refusal to allow the Wal-Mart corporation to develop the vacant K- Mart lot on Parley's Way.In the period since we wrote Mr.Sommerkorn last week,we took time to read in depth the Planning Commission Staff Report on 2705 E.Parleys Way-Master Plan Amendment&Rezoning Map Ammendment published on February 4th,2011.We fully agree with the request presented by Ballard Spahr LLP who are representing Walmart Stores,Inc.in the case to redevelop-reuse the currently vacant building once occupied by K-Mart.A number of significant benefits will accure if the City Council allows Walmart's development plan to commence as they propose.These include:i)a favorable economic impact for the city and neigboring area, including where we live through incremental contribution to the tax base,ii)new job opportunities creation,iii) improved convenience for shopping,and iv)with the reduced distance to travel,savings in fuel consumption and lowered contribution to pollution for the Valley will be realized.The site is already set up for commercial use as a new Walmart store embodies,has ample parking as stated in the Planning Commission report,perhaps needing some minor modifications to the entry-exit access onto Parleys Way.Arguements by the Planning Commission to restrict Walmart from tearing down the existing,1968'ish K-Mart structure do not wash as the old building certainly does not have any congruity to surrounding businesses now(one objection of the Commission)and one can only imagine that the layout,utility infrastructure and other design aspects of a building that old cannot represent the 3/9/2011 8:43 Even after a clear and decisive vote by the Planning Commission against rezoning the Parley's property,WalMart continues to push its agenda to bring the rezone to the City Council.But before you consider hearing their redundant presentation,I encourage you to watch the video of the February 9th Planning Commission meeting.The arguments presented at that meeting will save you hours of time.To give you a flavor of WalMart's arrogance/ignorance,it brought in WalMart teenage employees to wear Say Yes To Rezone t-shirts,and since these kids had no interest in this fight,they got bored and texted throughout the meeting.Several of the pro-rezone speakers didn't even live in District seven but felt compelled to express inchoate opinions about being Americas and land ownership.Other pro-rezone speakers expressed such highly compelling arguments as a desire to be WalMart greeters,or a burning need to get cheap tube socks ten minutes quicker than if they drove to the 3rd West store.Which brings me to my opinion against the rezone.If master plans have no teeth,why do we have them?If any multi-national corporation can come in and change it simply because they have professional marketing teams that can outlast the working people who live in the area,why bother having a plan at all?It is ironic that as I drove to the planning commission meeting,I passed another WalMart.We as a community agree that 3rd West is zoned for WalMart,Costco,Sam's,Home Depot..We don't object to this because we agree that this is an appropriate place for these businesses to exist.So why should WalMart change what we as a community have agreed upon?I suggest that a small Harmon's be put in that space—a locally owned company that knows and 3/17/2011 13:43 Please let the Wal-mart be built I live in Emigration canyon and I would love it. 11/5/2010 14:31 I write to you to ask you oppose the re-zone of the Parleys Way Parcel,as petitioned by Wallmart.I am an architect, and a neighbor to the North of the parcel,and a new citizen in this amazing country.Re-zoning the parcel as Community shopping goes against the vision of the master plan,the vision of Mayor Becker and the idea that whenever possible,we should all aim to reduce our carbon footprint,be more sustainable,waste less and improve our local resources.You are a leader in our community who understands the importance of locally owned,small- medium scale businesses.You understand what excessive transportation can do to a neighborhood and what unlimited size building and unlimited lighting can do to the night sky.Please be a leader and say NO to the re-zone of Parleys way and don't be convinced by a"green-washed"idea of what sustainable building really is. 11/8/2010 8:06 I wanted to add my comment that I am in full support of the Parley's Way Wal-Mart zoning change and the mitigations to the drainage problems and lighting that will be required.I am quite suprised that the process will take over a year to complete.The City needs the sales tax revenue and the jobs that come with the new store. 11/8/2010 8:49 Regarding Walmart's efforts to persuade the Salt Lake City council to rezone their Parley's Way property,please stand firm with them and don't approve the rezoning requests.I have no problem with Walmart having a store at that site,but I do have a problem with them attempting to wear down the council to get exactly what they want-- the ability to build BIG.The surrounding community has spoken,and we don't want or need a mega store at that site. 11/10/2010 11:08 Thanks for your efforts on behalf of our city.I live on Wilshire Circle,across from the old K-Mart(and,more happily, near the Bombay House restaurant).I am writing to express my concern about possible rezoning;you can tell me if this could actually happen through rezoning:The Parley's Way area could be developed as a truck stop,with easy access to 1-80,resulting in dozens or hundreds of semis moving through and the resulting noise,air pollution,etc.I have family who drove semis professionally,and many truckers are good people,but not all of them,and people naturally feel less respect for places where they pass through than places where they live,so that's a concern as well.Thank you for your attention to this concern. .ten,, 11/10/2010 11:21 I am writing this letter in support of Walmart's request to re-zone their property to allow for their redevelopment plans.I am within walking distance of the store and can see it from my home and I strongly urge the Planning Commission to work with Walmart to assist them in their redevelopment efforts.The local community will greatly benefit from a vibrant retail outlet. 11/10/2010 11:22 Don and I will be out of town on November 17 and unable to attend the East Bench Community Council meeting. We are admantly opposed to the"Walmart Rezoning"effort.No more ugly,new big-box stores gobbling up our city! 11/10/2010 11:23 Gentlemen,I am the former chair of the East Bench Community Council,and the first chair to address the issue of an expanded facility on the former K Mart property located on Parleys Way.My home looks down on the subject property and no matter what is done the site will be an eye sore,but I knew that when I moved in to my present home.Just as Wal Mart knew the zoning limitations when it acquired the property from K Mart.That said I think we must look at the issue with a little dispassion and some common sense.1st.The property is not generating the much needed tax revenue it could if(a)a new operation was functioning on the property.(b)both sales tax and property tax revenues would be enhanced.2nd.The City can certainly use the added tax revenue.3rd.A new facility would result in new jobs initially for the construction crews,and later for the new employees hired by Wal Mart to operate the store.Such hiring would result in more income tax revenue for our schools and governmental operations.4th Wal Mart is on balance a good corporate citizen no matter what the vocal minority says.5th at the meeting on the 17th only those opposed to Wal Mart will show up,as Wal Mart is not lobbying for a turn out. Remember the voice of the silent majority.Wal Mart owns the property and can wait to see it developed.They can if they so elect simply warehouse the property for future use is 5 to 10 years.In the event they elect to do so,how much lost tax revenue does the City,County and State loose?We are in tough economic times,people need jobs, and the City can use the tax revenues lost by not having the property productive.Wal Mart's cost of ownership is 11/10/2010 11:38 I am writing this letter in support of Walmart's request to re-zone their property to allow for their redevelopment plans.I am within walking distance of the store and can see it from my home and I strongly urge the Planning Commission to work with Walmart to assist them in their redevelopment efforts.The local community will greatly benefit from a vibrant retail outlet. 11/10/2010 11:40 We received a call today from District Six resident Joseph Richards who is opposed to the rezoning of the K-mart property.He does not want higher buildings in his neighborhood and is hoping the Council will turn down the petition to rezone this property. 11/10/2010 13:14 called the Council Office this afternoon wanting to express her support for a Wal-Mart on Parleys€'"s Way.She is tired of no store being there and having to travel to Shopko or another Wal-Mart a ways away to get clothes and things. 11/15/2010 8:59 I recently had a flyer placed on my front door regarding Walmart and their second request to rezone the property they own at 2705 Parleys Way.The flyer was incredibly biased and must have assumed that since I live in the area (2144 Wellington Street)that I therefore am immediately opposed to the rezoning.The flyer was helpful in that my district representatives contact information was provided.I decided it is important for me to contact you and let you know of my support for the Walmart and I would welcome the development in my neighborhood.I have lived at my current residence for 9 years so I am not new to the neighborhood.I am certain you are hearing from many who adamantly oppose the Walmart.I however,would be very happy to have a big box that close to my home.I would be able to get their by bus,bicycle,or by walking.Right now,to go to a big box I have to drive to Fort Union to visit the Target and now newly remodeled Walmart,or I can sit through 25 minutes of city traffic to go to the Walmart and new Target on 300 W,though most often I opt to drive all the way up to Centerville to visit the Target or Walmart located just off the highway in Davis county.What this does,is it makes me want to relocate to the suburbs!I like living in the city for all the independent local shops I patronize frequently and lack of commute for my husband and I.The reality is that a big box such as Walmart is tremendously convenient and I shop there often. As a mother of a 4 year old and another baby due in January,Walmart is wonderful for our family budget.I can shop for clothes for the entire family all in one place.We are also avid fishers,and Walmart as a great selection of 11/15/2010 9:00 I urge you in the strongest possible terms to deny the Walmart request to rezone its property on Parleys€TMs Way. This is a neighborhood that does not need a a€teSuper Storea€©now nor anytime in the future.DO NOT CHANGE the existing zoning nor the Master Plan.A store built in compliance with current zoning guidelines will be fine. Thank you for your consideration in this matter. 11/15/2010 9:09 I wanted to write to express my opposition to any zoning changes proposed for the property mentioned above.I am in favor of Walmart remodeling the existing building,as long as the zoning remains unchanged.la€TMm writing on behalf of myself and my wife,Julie.We reside at 2188 South Wasatch Drive,Salt lake city,Utah,84109 and plan on attending the meeting scheduled for Wednesday,November 17th,2010.If for some reason we are unable to attend,then we wanted to voice our opposition to any zoning change at this time and by this means. 11/15/2010 9:14 I received the attached flyer at my home this past week regarding a rezone of the Parleys Wal Mart property.Can you please clarify a couple of items for me regarding the statements made on the flyer and some of my questions in general.I am a homeowner in the area residing at 2293 Benchmark Circle.1.With a maximum height of 45a€'"in the new zone,is Wal Mart asking for a 45a€" height,or what height is their proposed building,and what height is the existing building?2.When point number 2 states there is not building size restriction,is it correct that any building would still have to go through the planning commission for approval?What is Wal Mart proposing size wise in relation to the existing building.3.There is an existing a€togas stationae on Foothill Dr.,is that a grandfathered use that is no longer permitted in the current zone?Is Wal Mart planning on a gas island at this location?4.Can part of the development agreement restrict the number of a€testoragea€l containers that could be kept at the property.5.No comment,I do not have any problem with the residents and city aCcepartneringa€121 to see that the development agreement is followed.6.Does this have anything to do with a rezone?Dona€'"t they already have the right to a€cedeed restrictaCE by virtue of their ownership?Generally speaking,I am in favor of Wal Mart being granted a rezone of the property as long as their development agreement is in compliance with what , mok the planning commission suggests as far as re-development of the site.Could the development agreement prohibit Wal Mart from operating a a€teflee markets€©at the site?I do believe that a€ceforcinga€1:1 Wal Mart to use the old existing building is like trying to put a square peg in a round hole.I would much rather see a brand new state of the art building following the guidelines of the planning commission than a band-aid to the existing structure.You will see from my e-mail signature below that I am a commercial real estate agent with Commerce Real estate.Even though I am in the commercial real estate industry,I have no affiliation with Wal Mart in any shape or form.I send these comments as a 20 year plus resident of the area and would like to see the property re-developed in a manner consistent with what is a€cebesta€e for the area and not a€teinfluenceda€©by the wishes of an entity opposed to a a€cerezonea€®that seems to not be considering the merits of the project specific to the rezone request.If you could please provide any answers or comments to the above at your convenience it would be greatly appreciated. Best regards,Rick 11/15/2010 9:31 As a resident of the neighborhood which will be seriously impacted by a zoning change,I would like to voice some of my concerns about what will happen if the request is granted.If the zoning changes for WalMart or any other big store,it is likely that other neighborhood stores that are now just barely hanging on will close their doors and we'll be stuck with those empty buildings--buildings such as Rite Aid and probably a grocery store or two.We've been lucky that the building on 2300 East 2100 South with Fresh Market in it has always had a store in it,even though it's changed hands/names at least 4 times in recent years,but that could change with a supercenter up the street.Then down the line,if/when WalMart closes down and leaves an empty building,we'll have lots of empty buildings in the general neighborhood.If the zoning stays the same,we won't have to deal with big empty buildings.Businesses come and go and there will always be empty buildings from time to time,but smaller buildings are more likely to be bought up and reoccupied.Cases in point:Fisher Dairy on Parleys Way became a cleaners which became Flowers for You.However,the Dan's store on 2300 East and Parleys Way was empty for many years,and then only partially filled by Rite Aid until recently when Anytime Fitness moved in.Some people are complaining about the eyesore the K-Mart building is now,but it's an empty eyesore because WalMart owns it and nothing can be done with it • until they develop or sell the property.I don't think another building of the same size or larger will be any less of an eyesore.What will look best and fit the community is to keep the zoning as is and develop the land accordingly.No, I'm not trying to tell WalMart what to do with their property as someone has accused,but merely expecting WalMart to do what the community they want to be a part of requires of property owners,using the same zoning that was in place when the property was purchased.Another concern I have is the increase in traffic because Foothill can't handle the additional traffic a large retail business would bring.WalMart can say that Parleys Way can handle it,but they aren't going to convince customers to use Parleys Way over Foothill unless they shut off the Foothill access.Even then,many people would drive along Foothill,take the Parleys exit and then use that entrance,still adding to the already heavy traffic on Foothill.WalMart won't shut off that spur anyway because they're planning to use it as an exit for their trucks.Several semis a day exiting on to Foothill will add to the problem,probably necessitating another light on Foothill so the trucks can get out.I don't know how they think semis will be able to make it up that narrow,steep road in the winter.My guess is that people in Alabama don't have any idea of what a heavy snow does to that type of an egress.WalMart has said that they can put a store in under the current zoning but prefer to be able to build bigger and better.Bigger isn't always better.Please leave 11/15/2010 10:43 I served for eight years on H-Rock Community Council and helped form the current East Bench CC.I worked on local and city-wide concerns including Master Plan revisions,hillside preservation and traffic calming.Therefore,I have particular issue with the proposed attempt by Walmart to change zoning at the old K-Mart site at the mouth of Parley's Canyon,2705 Parleys Way.Existing zoning protects community scale of enterprise and businesses by ensuring building size restrictions.Proposed alterations do not adequately safeguard against additions, development agreements,or deed restrictions.There is no legally binding guarantee that Walmart would have to follow through on its stated offer to make a"green"project setting.Neither is there any guarantee about commuter parking to support eventual surface transit expansion to include Sugarhouse and East Bench flow from highway traffic to University and Downtown destinations.We need any alterations to be written and enforced beyond the current level of assurance.Thus,I urge you to prevent a zoning change to accommodate Walmart's co- opting of community priorities. • 11/15/2010 11:10 Please stop the request by Walmart to rezone their property at 2705 Parleys Way(formerly owned by KMart).The new zoning would go against the Master Plan.Walmart has presented their plans for the rezoning,but refuse to sign a Letter of Agreement to implement their pretty plan.There seems to be no way we can make them do what they propose without the Letter of Agreement.Also they could build as proposed,and then a few years later do something else much less community-friendly.For example,they could install a gas station in the area they said could be used for restaurant use,etc.They could plant 1,000 trees and shrubs,and change trucking routes with the zoning as is,but only propose these desireable actions if they get the Master Plan changed and the rezoning they want.They can retrofit the existing building to be"greener".We need to look to the future and see what harm can be wrought by altering the Master Plan and rezoning this parcel.The hundreds of empty big box stores left behind by Walmart(they write exclusions that prevent others from using the buildings for retailing)are just one aspect of their disregard for communities.I realize a living wage is not in your control,but I waited on many Walmart employees at Hildegard's Food Pantry at St.Mark's Cathedral.The Forbe's list of the 10 wealthiest Americans contains 4 Waltons,the family that started Walmart(Christy,Jim,S.Robson and Alice Walton),with over 80 billion in assets between the 4 Waltons.I think some of this money could be put to better use providing a living wage and affordable health insurance for their employees.Maybe some of it could be used to recycle their building here in Salt Lake,install lower parking lot lights,seriously upgrade the landscaping,etc.WITH the present zoning.Let's keep the Master Plan and the zoning as is.For my neighborhood,smaller is better.Harmon's found a way to work with Emigration Market's small footprint,Walmart can find a way to work with KMarts. 11/15/2010 11:20 Dana Norris called the Council Office to express that she is for the Wal-Mart on Parleys€TMs and that she feels rail- Allkok roaded by the people who do not want the Wal-Mart.She does not want to even waste her time going to the Community Council meetings because she feels intimidated by the individuals that dons€TMt want the Wal-Mart. She indicates that this is the case for many people so they do not go to the meetings. 11/16/2010 9:45 I am a longtime resident of the East Bench community Indian Hills,located east of Foothill Blvd.I am writing to encourage the City Council and Planning Commission to give due consideration to our community and both itâ€TMs living,aesthetic and property values in their decision on whether or not to accede to Wal-Mart$€""s request for new,unprecedented zoning changes for its€TMs planned Parleys€'"s Way store.The value in any neighborhood lies not merely in its€TMs potential tax base,but in its€TM's livability and continuity.Granting re-zoning to Wal-Mart would adversely effect both of those assets.That does not stop the Wal-Mart corporation from routinely challenging zoning laws in almost every new box-store it builds,despite residents€'"s objections.It often reveals nothing less than corporate contempt for both the Council members and residents in those communities.The only sensible Planning Commission and City Council ruling would be a compromise between Wal-Marta€TMs standard tactic of challenging neighborhood and community zoning laws,and the citizens of those communities effected,in this case,the East Bench community.That compromise would take the form of denying Wal-Marta€Th's request for re-zoning,thus allowing them to build their store within the sensible confines of our existing zoning laws and without causing unnecessary damage to the livability or continuity of our East Bench community. Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? Public comments as of July 14, 2011 , 9:39 AM All Participants around Salt Lake City .4t 0000 • Sit - 't1 .111 I 1 [ l i IP 40‘: rtal' 114 4 • 1 Sid#t ‘ t As with any public comment process, participation in Open City Hall is voluntary. The statements in this record are not necessarily representative of the whole population, nor do they reflect the opinions of any government agency or elected officials. Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? Introduction The Salt Lake City Council is reviewing two related petitions submitted by Walmart to rezone property located at 2705 E. Parleys Way from the existing Community Business (CB) district to Community Shopping (CS) and to amend the East Bench Community Master Plan to reflect the proposed zone. In February, the Salt Lake City Planning Commission recommended the Council deny both requests. If the Council supports the Walmart proposal, a new, larger building could be built. If the petitions are denied by the Council, Walmart could still remodel the existing building on the site, a former Kmart store. oak Proposed changes: The City is analyzing whether it is appropriate to change the zoning on the Walmart property from CB to CS and if it is appropriate to change the future land use map in the community master plan.The City is not reviewing Walmart's preliminary development plans. (That will happen later, if the rezone and master plan requests are approved.) State law and City zoning regulations provide guidance for the City Council and Planning Commission in considering zoning changes and master plan amendments. In simple terms, State law provides decision-making and process requirements. The City Zoning regulations provide general criteria to be considered for zoning changes. For specific wording of State requirements see State Code, Title 10 Utah Municipal Code, Chapter 9a. Municipal Land Use Development and Management Act. For specific wording of City Zoning requirements see Salt Lake City Code, Title 21A Zoning, Chapter 21A.50 Amendments The Council may approve these requests with or without conditions or deny the proposals. If the City Council approves the petition to rezone the property to CS, the Walmart development plan would have to be approved by the Planning Commission as a Planned Development.This is a requirement for all new developments in the CS zoning district.The petitioner has submitted a preliminary site plan with the application; however, site plan and design approval is being not requested at this time. The property is located in the East Bench planning community.The community planning goals are identified in the East Bench Master Plan.The Master Plan can be downloaded at Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 1 of 33 http://www.slcgov.com/CED/planning/pages/masterplans.htm. For more details about the proposal, please see the following documents submitted by Walmart. Master Plan Amendment Application Zoning Amendment Application Decision Making Process: Salt Lake City Council Members will be publically briefed on the topic at their July 19th meeting. A hearing on the proposal by Walmart could be scheduled in August, and a date to vote on the proposal could be set for early fall. The City Council will take into consideration the recommendation from the Planning Commission, as well as comments received from the public. Public Hearings and Council meetings are held at the City & County Building Council Chambers, 451 S. State Street, Room 315 (Council briefings are held in room 326). Click here to see the Council agendas Walmart's petitions for rezoning and master plan change were presented to the Planning Commission in a public hearing on February 9, 2011.There were 91 public comment cards submitted in the hearing with 48 people in support and 43 opposed.The comments made both in support and in opposition closely reflected the comments sent to the Planning staff prior to the public hearing. Based on the information presented in the staff report and at the public hearing, the Planning Commission voted six to one to transmit to the City Council a recommendation to deny the proposed master plan and zoning map amendments. To view a more in depth history go to this background link and the February 9, 2011 Planning Commission minutes. If the Council says no, why can the Walmart still open? The property was rezoned in 1995 to CB as part of a city-wide rezoning project.At that time, Kmart was still considered a permitted use as a retail goods establishment. However, as a result of the rezoning project, the structure on the property became non-complying with the zoning area regulations in the CB zoning district. The zoning regulations allow continuation of a noncomplying structure with a nonconforming use even if property ownership changes. In this case, the proposed Walmart is the same type of use as the previous Kmart; therefore, Walmart can operate within the existing building on the property subject to the standard business licensing and building code review processes. There are limitations on what Walmart can do with the existing building considering its status as a noncomplying structure with a nonconforming use. Walmart can open a new store in the existing building but can only make improvements on the building up to 50% of the total construction valuation.Walmart has obtained a permit to remodel the existing building and open a store if the City does not approve the rezone and master plan change. If the zone change is approved, Walmart would be allowed to demolish the existing structure and build a new building. For specific wording of City Zoning requirements see Salt Lake City Code, Title 21A Zoning, Chapter Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 2 of 33 21A.38 Nonconforming Uses and Noncomplying Structures. What Changed? Previous Petition and February Proposal In June 2007, Walmart submitted the same two types of petitions as those reviewed at the February 9, 2011 Planning Commission meeting.At that time, the preliminary development plan included an 115,060 square foot retail building with a 5,057 square foot garden center. In September 2008, the Planning Commission reviewed the petitions in a public hearing and voted to forward a recommendation of denial to the City Council.Walmart withdrew their petitions before the City Council considered the requests and took final action. According to the February 2011 Planning documents, the preliminary development plan for a Walmart Supercenter reduced the size of the retail building to 91,750 square feet and eliminated the garden center.The height of the building would average 26 feet with a maximum height of 33 feet.The new plan included designated walkways between Foothill Blvd. and Parleys Way. In addition, the new plan provided an area of land 1.15 acres in size for additional development.Walmart representatives stated that they had no specific plans for the 1.15 acre site, but would like to work with the community to determine the best use.They stated that if the community does not want another use on the property, the area would be used for additional parking. For more complete information, please see: City Council Transmittal from the Community and Economic Development Director Previous Open City Hall topic on this Walmart proposal Salt Lake City Planning Division Report Other Links: Salt Lake Tribune article How Do I Voice My Opinion? We want to hear from you! Your comments on the proposal are very important. There are three ways that you can participate in the decision process: Provide your comments in this "Open City Hall"discussion forum. Email or send a letter to the City Council. Attend the public hearings. All comments provided in the "Open City Hall"discussion forum, as well as those sent directly to Council, will be sent to City leaders for their consideration. Contacts: Here are other ways to provide comments to the City Council: 40404, Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracycom/741 Page 3 of 33 Email: council.comments@slcgov.com Write: Salt Lake City Council 451 S. State Street, Room 304 P.O. Box 145476 Salt Lake City, UT 84114-5476 Phone: (801) 535-7600 Fax: (801) 535-7651 24- Hr Comment Line: (801) 535-7654 If you are unable to attend a City Council meeting, here are some other options: Watch SLCTV live from a computer by visiting:www.slctv.com and click on "watch SLCTV live" View a rebroadcast of a City Council meeting on SLCTV cable channel 17 by visiting: www.slctv.com/schedule.htm to obtain an SLCTV schedule. Visit: www.slctv.com/vid_demand.htm to listen to a previous Council meeting or download a podcast Contact the City Recorder's Office at (801) 535-7671 and request a CD copy of a Council meeting or a particular agenda item Public comments as of July 14,2011, 9'39 AM http://www.peakdemocracy.com/741 Page 4 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? As of July 14, 2011 , 9:39 AM, this forum had: Attendees: 285 Participants around Salt Lake City: 105 Hours of Public Comment: 5.3 gasMats Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 5 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City Name not shown in District 6 July 14, 2011, 7:34 AM As a resident of the East Bench community, I write to share my informed view that the Council SHOULD NOT rezone the property at 2705 E Parley's Way. Rezoning to build a Wal-Mart will create neighborhood traffic and use patterns inconsistent with the surrounding neighborhood communities, and this location is not adequate or appropriate for the size and volume of the business proposed. I respectfully urge the Council to carefully consider the long term negative impact to the neighborhood community at this already highly congested and high use highway intersection. Thank you Name not shown in District 7 July 13, 2011, 1:38 PM Walmart is going to be located on Parley's Way. That is a done deal. Please allow the rezoning so there is a smaller new store enhancing our community rather than the dilapidated K-Mart store. The area can handle the traffic and the new store will be better looking than the existing structure. Most of our community cannot afford to shop the boutique stores and will welcome the addition of Walmart for closer shopping. They will not take business away from the local shop owners since most of us don't shop those stores anyway.The people that do shop the small stores can continue to do so. The majority of our community will welcome the Walmart! L Tavey Sugarhouse Name not shown in District 7 July 13, 2011, 1:26 PM Yes. The property is now blighted. WalMart plans to construct a modern shopping facility similar to that of its property in Centerville. It will provide jobs for our children and shopping for the neighborhood. It is my opinion that the Planning Staff has it right and the Planning Commission has it wrong. The Planning Commission bowed to the hysteria of a well organized neighborhood group which always opposes developmnet in the area. They opposed the offices built by Woodbury which have provided tax revenues, jobs and an excellent use of the property. Name not shown in District 6 July 13, 2011, 1:22 PM You should allow for the rezoning of the future Walmart location.Whether we like it or not, there will be a Walmart there.This is a point that most objectors seem to misunderstand. I for one would prefer to have a new, well planned, energy efficient and earthquake safe Walmart. I hope that Walmart will stick to their existing plan of building a slightly smaller building than the one currently there. Perhaps a provision could be added to the approval stating that any new development must be consistent with the former business in terms of size and use.The old Kmart was basically the same as a small Walmart, so I believe most of the objections are simply anti-Walmart objections.Again, there will eventually be a Walmart at this location. Let's make the best if it. Michael Broadbent in District 5 July 13, 2011, 12:45 PM Public comments as of July 14,2011, 9:39 AM httpJ/www.peakdemocracy.com/741 Page 6 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City I fully support the rezoning of the former Kmart property on Parley's Way. I remember when I was a kid walking through the store and there being buckets catching water from the leaking roof. The building is unattractive and worn out. It is also too big. A new smaller and more functional building seems like a logical solution. As an added bonus the huge ugly parking lot would be replaced with a new one that has trees! In economic times like these the construction jobs would also be a welcome change. Name not shown outside Salt Lake City July 13, 2011, 12:37 PM Salt Lake City Council Please Vote Yes for Walmarts proposal to rezone the property at 2705E. Parley's Way. I believe this would benefit the community with a brand new store, which would be more energy effiecent. It would also be create jobs with the construction of the building and offering jobs in the store.Thank You! Name not shown in District 6 July 13, 2011, 12:10 PM Yes! John Ward in District 7 July 12, 2011, 3:31 PM No - Please do not allow the rezone of the property. I have no problem with understanding property rights and that Wal-Mart regardless of how this turns out is going to do a Store at the Parleys Way location. HOWEVER, Wal-Mart also clearly understood the zoning restrictions on this property when they purchased it and we as a community should hold Wal-Mart accountable to live within the zoning standards. Absolutely-Wal-Mart was surprised that the Planning Commission didn't just rubber stamp their flawed plan (twice now) and I applaud the Planning Commissions courage in forcing corporate citizenship to respect community standards and abide by a sense of fair play. I think there is a universal understanding that having to remodel a Store may not be as "cost efficient" as knocking it down and rebuilding a new big box but those were terms they purchased the building under. Foothill Drive traffic is in failure now with the juncture of 1-80 / Parleys Way and 1-215 all coming together and clearly it will be worse when Wal-Mart eventually opens a Store but in fairness you have to concede it is Wal-Marts right to open a Store and operate the Store on the property they purchased.... Just don't forget they also have to follow the rules we as a community have in place. In reading some of the posts - I'm embarassed at the kind of vitrol thats been written; "Germany killed Wal-Mart so that equals socialism ?". "Property rights come from God ?". "Its rich yuppies who live in the neighborhood who are opposing Wal-Mart?" Lets keep the arguments on track and Wow - What were you people raised by wolves ? David Mulder in District 7 July 12, 2011, 1:42 PM I oppose the rezoning Walmart is proposing.The Planning Commission has rejected Walmart's Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracycom/741 Page 7 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City proposals twice. The Community Councils in the surrounding areas have rejected the proposal several times. This has been discussed for several years and it is time for you, as the City Council, to provide the final answer- NO. Name not shown in District 6 July 11, 2011, 3:28 PM YES! There have been many rezonings, its not like it's a sin! This one is for the better of the community. They will give us a nicer building to look at, landscaping, and a new parking lot. All of those things are 40 years old, and need updating. Some people like to shop at Walmart, and have to travel to 300 West, Park City, or Taylorsville to get the prices and deals they like. Lets save that gas and the environment, and have one in our neighborhood. Please allow them to update and beautify their OWN property, and allow those of us to shop there, who enjoy their store. Thank you! Name not shown in District 3 July 11, 2011, 11:33 AM I think that Walmart should be allowed to build a new building on its own property. I don't go to Walmart for all of my shopping needs, but I do occasionally.When I do visit a Walmart, I like that I can find good deals.What bothers me about comments I have heard from Walmart's opposition is that no one seems to consider the large number of jobs that this new Walmart store will bring along with it. I have a friend who has been looking for work for months and I don't think that he would be opposed to Walmart bringing more jobs into our community. Name not shown outside Salt Lake City July 11, 2011, 11:14 AM YES! We should support the proposal to rezone for several reasons. The first being that given their ownership of the property, they have the right to do with it what they may.As Americans, property rights is indeed a pillar of our freedom, and encroaching on the rights of a business to use their private property is a gross violation of our Constitutional rights. Furthermore, Wal-Mart employs approximately 2 million people; how can we turn down a company that is willing, trying, and able to provide jobs to our community. Lastly, Wal-Mart stores do not use a "one-size-fits-all" blueprint anymore. In fact, many stores are being constructed and styled to match other buildings in surrounding areas. By allowing Wal-Mart's proposal, we will reiterate and reinforce the founding principles of our country! YES YES YES! Name not shown in District 6 July 11, 2011, 10:41 AM I have lived in the Sugarhouse a few blocks off Parley's Way for 13 years. I appreciate all the local small businesses in Sugarhouse and use them. I also use Walmart for some things, as I did KMart when it was there. I have seen an extremely attractive adobe-looking Walmart near San Clemente, Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 8 of 33 Council:Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E.Parley's ,.1,, Way and change the community's land use master plan? All Participants around Salt Lake City California,with a handsome entrance facade--NO BLUE OR GRAY ANYWHERE. It also has a number of full-size palm trees which further soften the effect. I think we should approve a development plan for Walmart to build a pedestrian-friendly,attractive and energy-efficient building with trees for shade and xeriscaping throughout the site.And using building materials appropriate to our desert environment,something like the rebuilt Post Office at Sunnyside and Arapeen...And attention must be paid to the traffic impact,stoplights,etc. The Kmart building is hideous and the site is UGLY as it is.Let's get on with an improvement! Name not shown in District 5 July 11,2011, 8:57 AM I think this is ridiculous.Why do we keep giving Walmart the runaround if they are going to have a store there anyway?If they are requesting permission from the City to make a new location nicer why are we telling them no?Walmart IS coming to that location.I think that the majority of uninformed residents of that area believe that by not supporting Walmart being rezoned that they are really turning away Walmart all together. Walmart IS coming,can we please allow them to make it a nice store?! Please help me understand why we are demanding a good company come in to a very outdated location.It doesn't make sense to me. „♦ David Reece outside Salt Lake City July 11,2011, 12:22 AM "-- Yes! Let Walmart do what it wants to do with the property it OWNS!It is in the interest of the consumer too. The larger the store the more efficient the store.The more efficient the store the lower the prices. Someone mentioned that Walmart has small stores in Europe and then said that Walmart should use that model here. Did you know that Walmart closed its German stores because the stores were too small and were not worth the investment of keeping them up as a result? Walmart closed all of its German stores!Germany killed Walmart in Germany with the small store requirement. If you believe in capitalism,if you believe in freedom,if you believe in private property,then you should support this vote for Walmart.Property rights come from God.The commandment to not steal is the commandment to respect the private property of others. Name not shown in District 6 July 10,2011, 3:23 PM Look...Walmart is going-in either way. Let's let them build a decent structure and do this right. Name not shown in District 5 July 10,2011, 3:18 PM Pudic comments as of July 14,2011,9'.39 AM htlp:lAccw peakdemocracycoM741 Page 9 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City People need to calm down with the anti-Walmart hysteria. When walmart moves in there are so few problems it borders on the insane. I have seen new walmarts get built in other areas that I have lived.Walmart is a great corporate citizen. They clean their parking lots every night and they provide 24/7 security. The provide great prices on virtually everything. More importantly they introduce competition into the local marketplace and force other retailers to compete with their prices. Winner? The consumer. I never shopped at walmart for my groceries but my grocery store had lower prices BECAUSE of Walmart's presence. There are multiple studies that demonstrate this effect, if logic isn't enough for you. Walmart's presence is a winner for any consumer of walmart or of any competitive businesses. Name not shown in District 6 July 10, 2011, 9:36 AM I am appalled by the nature of the comments on this site in opposition to Walmart. Never have I seen such an outrageous collection of misconceptions and downright falsehoods coupled with anti-Walmart fanaticism. Specifically: 1. Walmart owns the property, not the neighbors or the community. Not to be repetitious, but as another contributor stated, 'Get over it!' 2. Walmart is under no obligation to 'mitigate' any impact that it may have on 'local' businesses, including prices. Our economy is a capitalistic, not a communistic one. Capitalism means competition, and if one retailer such as Walmart offers lower prices, then the more expensive one(s) may be forced to do the same or fail. In other words, if the current monopoly of Associated Foods supplied grocery stores in the Sugar House area--Fresh Market, Dan's and Harmons is faced with lower prices, perhaps they too will decide to become competitive. 3. Walmart's proposed plans for a new store are 'smaller' not 'larger' than the current building; most in opposition have stated otherwise. 4. The nature of comments on Walmart's labor and employment practices border on libel. Specifically: a.The implication that Walmart is underpaying its employees is incorrect. Walmart entry level wages are consistent with other area retailers including TJ Maxx and Office Max. The average Walmart wage is $11.73. Additionally, Walmart offer benefits, which many other comparable employers do not. And by the way, no one is forced to work at Walmart. b. Regarding the insinuation that Walmart somehow'paid off'or otherwise influenced the court system to dismiss the female discrimination class action suit is an insult to both the court system and Walmart. The court did not preclude former Walmart female employees from suing; it simply determined that the group (class) action was not merited. No responsible company, including Walmart establishes any sort of policy that promotes or encourages discrimination or any other type of illegal labor practices. However, the larger the company (and often even smaller ones), the more difficult it is to control individual manager actions, that, once effected, are equally difficult to resolve. Let's just say it is far easier for a small business owner to stay on top of both the issues and the actions of individual managers. 5. Regarding the remodeling versus rezoning/master plan amendments in order to build a new Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.comf741 Page 10 of 33 Council:Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E.Parley's Way and change the community's land use master plan? All Participants around Salt Lake City energy efficient store,it is true that others have remodeled and done a great job but: a. They were not limited by a 50%(of the current value)cap as Walmart is,which was a 75%cap at the time of purchase,but amended to the lower rate within six months. Walmart was constrained from taking advantage of the higher value cap rate by both time and a lease agreement with the occupying tenant and former owner,K-Mart. b. Most businesses that remodel do so to preserve historic or unique architectural features,which do not exist with the 2705 East Parley's Way property,and they do so without cost limitations. Moreover, there are critical elevation and drainage problems at that site that can best be modified by starting over. The ignorance of the contributor who applauds Harmons for'building'a smaller store where the previous Emigration Market stood on the corner of 1700 East 1300 South,is astounding. Harmons did not'choose'to build a small store;they purchased a small structure on an equally small lot. Having gutted the original structure,including the roof,and demolished a previous addition to the front,they have now rebuilt it,none of which has any relevance to the Walmart Parley's Way situation. Finally,I resent being told that if I want to shop at Walmart or any other'big box'retailer,I can drive to 300 West to do so. I live on the east side for a reason and have every right to shop at the type of store of my choice including a big box,in my own neighborhood. Moreover,should I be forced to travel to 300 West,after wasting my gasoline,not to mention my time,any savings are lost. And so much for sustainability measures such as driving less and reducing carbon emissions. How hypocritical of those who would suggest that I do so. I can only hope that the City Council is wise enough to Approve conditional rezoning and master plan amendments for a new energy efficient store at the Parley's Way site for the'good'of the entire community or Allow Walmart to exceed the 50%cap value to remodel the store appropriately. Name not shown in District 7 July 9,2011,11:03 AM No,the Council should not support Walmart's proposal.The Community Master Plan is a statement of the community's image of itself and vision for its future.The City Council should respect that statement,and uphold the policies it contains.No rezone,no amendment. Name not shown in District 6 July 8,2011, 6:21 PM When I read other people's comments that state"the majority of people are in favor of rezoning and building a Wal-Mart on Parley's Way",I wonder who they could possibly be speaking to. I have lived in the SugarHouse neighborhood for over 18 years and the last thing I or my community wants is a Wal-Mart. If the city council gives in and re-zones,it will simply be horrific. Wal-Mart can take their business elsewhere,we don't want you here! I urge the City Council to hold strong and don't give into their bullying. oak Public comments as of July 14,2011.9'.39 AM http'//w ocpeakclemocrecycoml/41 Page 11 o133 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City YES! WHY- I'll tell you why. The Sugar House Journal reported that the reason the first proposal was rejected was because 47 people were opposed to it. FORTY SEVEN! And where do those 47 live? Right across the street from the existing building. Drive through that neighborhood sometime. Look at all the expensive cars and recreational vehicles. Yes, the $150,000+ yuppies across the street are very much against the rezoning. What about the 2500+ senior citizens in that neighborhood who live on fixed retirement incomes? Some have pointed out that there is already a Walmart on the west side of town. Yes there is, and smart people do not go anywhere into that part of town after dark. Everybody keeps saying to cut down on driving. OK, give us a Walmart where the old K-Mart building is located and we will save LOTS of money on gas. Some of us can even walk to the new Walmart. As for keeping the old building, that would be a tragic mistake. The building is not stable, it is not energy efficient, it is not secure, it is not updated for earthquake standards, and the roof upkeep alone would be VERY expensive. The younger crowd keeps harping about "green living", well then stop trying to preserve the old Non-Green building and let Walmart put in a modern energy efficient building. This is not really an issue of Walmart Yes or No, it is an issue of a few young affluent people who live across the street from the proposed site versus thousands of retired folks on fixed incomes who would be greatly served by having a new, modern Walmart store in the neighborhood. This would help increase property values in the neighborhood by enhancing the shopping opportunities in the area. I ask that you do what is best for ALL the citizens of this area, not just what the people across the street want. Do you represent only the ones who live within 200 yards of the proposed site or ALL the residents of the Sugarhouse neighborhood. If it is ALL of us, then you must approve this zone change. Either be the community council and help out the ENTIRE community or change your name to the Yuppie Support Council and move your headquarters across the street from the building site where your 47 constituents all live. charlene durham in District 6 July 8, 2011, 4:48 PM I urge the City Council to reject Walmart's proposal to rezone the Parley's Way property and change the community master plan.The master plan and zoning were established with a big picture view to the goal of what the community wanted to be.A spot change to zoning, to expand the potential even more than the current non-conforming use, undermines that effort and the makes the goal that was laid out impossible to achieve. Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 12 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Amok Way and change the community's land use master plan? All Participants around Salt Lake City No matter what the new store would look like now, rezoning would open development of the property to a massive expansion at whatever time the owner chooses to do so. I encourage the owner (Walmart) to develop this property within the restrictions currently established by the community. I've attended public meetings for several years where this issue has been discussed.There was vigorous community opposition from the very beginning, and I've seen very little compromise in the repeated Walmart proposals that address the community concerns. If their latest development proposal downsizes the building even more, then they can do this within the current zoning conditions. Thank you for this opportunity for community input. Esther Stokes in District 7 July 7, 2011, 5:24 AM I'm against rezoning for a larger store. If wal-mart wants go in at this location they can re-model the existing building. Rasmussen in District 6 July 6, 2011, 12:58 PM We definitely need to allow Walmart to rezone.They do a terrific job at making the property beautiful and it has been an eye sore for years.Walmart will be a great addition to our neighborhood Name not shown in District 6 July 5, 2011, 9:03 PM " "'` NO I do not support rezoning for Walmart.The building may be old and crumbling but it can be remodeled to fit in with what sugarhouse stands for.Why do city's always feel they need to give in to Walmart. Have we become to beholden to big box stores because we want the tax money.Why not say no. Make the building work the way it is. Make Walmart meet our standards instead of us giving in to Walmart. Lynn Kennard Pershing in District 6 July 5, 2011, 1:56 PM 1. Bigger is not always better. I have recently visited the "improved, larger" Super Walmart at Kimball Junction and was dismayed to find that while the store is significantly increased in size, the variety and types of merchandise offered has actually DECREASED. Products I previously bought in that store are no longer offered. A store employee lamented, "Yes, we got bigger to offer less". Despite the use of the Walmart inspired "instant inventory" with SKU numbers, I find all Wlamart stores to be woefully understocked with goods. Grocery offerings have displaced otherwise necessary household goods (cleaning supplies, hardware, outdoor, office) that I have purchased historically. This is NOT a step forward. Please use the existing bldg size, DO NOT make this store useless. 2. I am VERY concerned about the plans for Walmart at Parleys's Way to use the existing small STEEP road on the Northside of the building as their delivery Semi-trucks exit from their new Northside docks.This steep road empties onto Foothill Blvd just before the existing Chevron station at the entry to 1-215 and 180 interchange. This is a MASSIVE, COMPLEX, HIGH DENSITY traffic corridor with allowable speeds increasing from 40 mph on Foothill at Stringham Ave to 50 and 55 mph at 1-215, 1-80 interchange. A multitude of car/truck and car/car accidents will surely be guaranteed 1014, with this traffic flow. Instead, I suggest entering and exiting of all delivery semi-trucks onto Parley's Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracycomf741 Page 13 of 33 Council:Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E.Parley's Way and change the community's land use master plan? All Participants around Salt Lake City Ways with access to 1-80 in both East and West directions! I brought this issue up at our YaleCrest Neighborhood Meeting in June with Walmart representatives and they stated they would discuss the issues with the SLC Traffic engineer. Please stop this proposed semi-truck exist route! Lynn Kennard Pershing YaleCrest Name not shown in District 3 July 5,2011,11:43 AM I'd say no to the rezoning request.Big box stores do not increase community or neighbohood quality. They may provide jobs but the jobs are low quality and low paying.Big box stores like walmart have a huge negative impact on local retailers and very little of the money made in by the Walmart stays in the community.This is not a good way to build strong,vibrant neighborhoods or communities.Please support local business over large national retailers with a bad track record. Name not shown in District 6 July 4,2011,10:47 PM I say no to rezoning for Walmart. The company knew the zoning for the area when they purchased the site and now they want to change the community's land use master plan. This will set a very bad president for not just the Sugarhouse/East Bench community but,for the entire City. The master plan was developed with a view to the future of the entire city as well as the communities which make up the City. This will open the door to more and more requests for rezoning areas of Salt Lake City by large corporations who think they can do anything they want by pushing and pushing the local communities. Salt Lake City made a mistake in allowing the demolition of buildings in the heart of Sugarhouse and we are still living with the results of that decision with the large empty plot of land with very little to beautify the area. A plot of dirt is not helping the community or the city in any way. Keep the master plan for the city and the community. If the City Council votes yes on this change be ready for many more requests since you will have just thrown out the master plan. Why even bother with the time and expense of a master plan when you are going to disregard the plan any time a large company decides they don't like the zoning where they purchased property. Chaos will be the result if a president like this is set and that will make the city a hodge-podge of development and the neighborhood and community feel we enjoy today will be lost. No to rezoning and changing the master plan. Glenn Fassmann in District 6 July 4,2011, 8:59 AM Yes,allow Walmart to build a new store on Parley's Way. This zoning change is not terrible. I have read the statements for not allowing the new store and I am having a difficult time understanding the drawbacks if any. 1.Traffic-No matter what is placed on that property it will increase traffic. The traffic from a Walmart Public comments as of July 14,2011,9:39 AM btlpl/www.peakdemocracy.coms/41 Page 14 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? Ifikk All Participants around Salt Lake City will not be worst than traffic from condminiums, other stores, theaters or even a park. The word mixed use seems to be magic, but it also creates lots of traffic. This is a wide road built for many cars. I have never seen a slow down on Parley's way because of heavy traffic. In fact,l use Parley's Way because it is mostly deserted even during rush hours. 2. Local specialty stores in the area will not be harmed. We all already drive to Walmart, Shopko, WinCo, Harmons and every other store when we need something. Non of these stores are in our area and the other businesses in our area still survive selling their specialty items. I frequent the local specialty stores when I am in need of their product and services. I visit Walmart when I need a good variety of household items in one location. 3.The new building and landscaping which is proposed will be an improvement over the existing situation. 4. If a developer thought he could make money with boutique store on the property it would have already happened. The truth is that the boutique store in our area already have a tough time existing and more space for such stores will not fill and be profitable. 5. I am not being paid by Walmart. I only have the savings of time and money to gain for the gas and time I will not use driving to 300 West. ,.•, 6. Walmart will have a tough go at it as any business in our free enterprise system. They have competition, they have beat many competitors and many competitors are on their tail. We can't stop progress because we are afraid it may not survive. Thank you for your time. Carole Straughn in District 7 July 2, 2011, 7:47 PM No! Do not change the master plan. I agree with the points made by others opposing Walmart's building one of their soulless big boxes on that site. I would add one more argument. With the escalation of fossil fuel prices, Walmart's business model will soon collapse. A bigger store will just be a bigger empty store in 5 or 10 years.We need to become more locally self-sufficient, so let's nurture our local enterprising entrepreneurs and craftspeople. I would prefer that Walmart would give up on the site and that it be developed for small local businesses, but since they own the building, let them follow the existing master plan. Ross Chambless in District 3 July 2, 2011, 2:17 PM I do not support rezoning the property to accommodate Walmart. Walmart should abide the existing ' Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 15 of 33 Council:Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E.Parley's Way and change the community's land use master plan? All Participants around Salt Lake City community Master Plan. I believe there are already too many large-scale superstores like Walmart in our community as it is. As a local resident I would not shop at Walmart anyway because I don't support its philosophy of one-supersize-fits-all approach that celebrates consumerism and the out- sourcing of jobs at the loss of locally-made craftsmanship. Walmart is anything but local.And it is our local businesses that enrich our communities and retain the distinct flavors and unique cultures of our neighborhoods. If Walmart wants to squeeze into the existing K-mart shell,they can go ahead and try. I still think that space would ultimately better serve the neighborhood as a remodeled project for small local stores and mixed-use development,and with much less sun-radiating asphalt.Plus,the box building remains as unimaginative now as when it was built. Please,Walmart,give it up. We refuse to be corporatized! Name not shown outside Salt Lake City July 2,2011, 12:50 PM No thank you Walmart. Buy local,no more outsourcing and"take it or leave it"pricing that killed buy local and mom and pop stores. NO to Walmart Name not shown in District 4 July 2,2011, 8:20 AM A few thoughts: 1.I am sure staff and others have Googled Walmart.What you find is that all over this country, community by community,there has been a massive fight.There may be some,but I could not find one instance where it was reported that Walmart and the local community came together to work out their differences in a positive manner.There are countless sites that have enormous community effort to try to get Walmart to"play well/fair as a corporate neighbor. When you compare this with other retailers,while there are compromises made,a great many are courted and welcomed by the local community(e.g.Harmons).The standard MO seems to be that Walmart hires local attorneys,brings experienced attorneys and consultants who are warriers to begin the fight. To me this says that the it is imperative that the City Council do all it can to not fold on what is truely needed in behalf of the community.That community voice,knowing what is needed,is the thoughtful long range thinking in the master plan where countless community members,City planners,staff and the City Council created a plan. If the argument is that the needs of the community have changed,this should be supported with a new master plan effort. 2.I found smaller interesting Walmart installations in Europe.I also found Walmart Express.These are two of several examples of a modifed Walmart plan that is still profitable for the corporation,yet could fit into this area of town thereby acting as an anchor tenant supporting local business and the community.I can think of other community shopping centers that enhance the community feel such as Dans on Foothill.Neighborly conversations take place in a more welcoming environment in every aisle.There is a way for Walmart to maximize their investment in this site yet enhance the community. Public comments as of July 10,2011,9:39 AM htlp://www.peakdemouacy.com//01 Page 16 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Am,% Way and change the community's land use master plan? All Participants around Salt Lake City 3. How many Walmart employees or people that have been asked/or are paid, are posting on this site? This is not useful.This does not bring the community together. People are not rising up and spending their free time for no reason.The key question is given Walmart owns the property, what CAN Walmart do at this location that the community would indeed support. For instance, if Del Taco found a way to take down an entire buildng except two pieces of sheathing held up by a few 2 x 4's and call this a remodel, there must be a way for Walmart to develop a nice store on this site without claiming the code restricts a good quality development. Walmart owns this property, can bring jobs and improvements to this location but they also can do so in a manner that does not harm everyone else. The bottom line is that Walmart IS seeking a profit from our spending.They did not simply buy this property to bring us good will and enhance our community.There is a way to bring about a better project for everyone. Name not shown in District 1 July 1, 2011, 10:28 PM I vote no. There is already one too many Walmarts in Salt Lake City. "' Name not shown in District 7 July 1, 2011, 8:14 PM The Walmart proposal is an intelligent method to deal with a piece of property that is unattractive and ill-suited for the building Walmart will occupy if the proposal is denied. People need to get over the fact that Walmart is coming (and welcomed by a number of us) and focus on the way the property can best be developed for them. Arden Weintraub in District 6 July 1, 2011, 7:06 PM I am adamantly opposed to changing the master plan in order to accommodate WalMart, or any other big box store. The negative impact of such rezoning will far outweigh any benefit that might accrue. Here are just a few, of the too many to list reasons I base my decision upon: 1. There is already too much traffic and congestion on the Foothill Drive corridor. 2. We certainly don't need more traffic on Parley's Way. 3. Big box stores have a significantly deleterious effect on small, locally owned businesses, which are the heart and soul of a community. 4. This particular area has the potential to be attractive, inviting, and pedestrian/bicycle friendly, similar to 9th & 9th or 15th & 15th. 5. A big box store, will do the opposite, making this area permanently unattractive, uninviting, and not pedestrian or bicycle friendly.The 300 West Walmart is a prime example of the endpoint. Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 17 of 33 Council:Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E.Parley's Way and change the community's land use master plan? All Participants around Salt Lake City I am totally in favor of a rezone of the old K-Mart at 2705E Parley's way,To me,it makes sense to remove the old crummy bldg and replace it with a more modern structure being as Walmart will open any way so why not alow a new bldg. Gary Bates Marvis Collett in District 6 July 1,2011, 3:40 PM Vote YES on Walmart Proposal to rezone the property located at 2705 E.Parley's Way. And why are so many of these postings nameless? 1. Changing zoning from Community Business to Community Shopping will not change the neighborhood. There is already a small shopping center just west of the property.There is a used clothing outlet next to the fire station. There is an auto repair,tire center next to the firestation across from the property. There are eating establishingments within walking distance from the property: McDonalds,Rinos,Papa Murphy's,Cowboy Grub,another pizza place in back of the property. And, of course,there are many businesses surrounding the property. Seems to me it is already acting as a Community Shopping zoning area. 2. When I talk to my neighbors I hear positive comments about how nice it would be to have an attractive store,since there is going to be a Walmart of some kind on the property. Why would we want a slightly remodeled old K-mart when we could have a beautiful building with appropriate landscaping? 3. I have lived in this neighborhood for 45 years. I loved the movie theater and it was missed when it left. I loved the K-mart and shopped there often. The absence of the store has affected the neighborhood. Now I have to drive miles to get to a K-mart. As younger people are moving into this area with their children they deserve to be able to make the option of shopping at a store of their choice without having to go across town,especially when the option could be made available,and when Walmart is offering to enhance the shopping for these young families who need all the help they can get in these economic down times. 4. I believe that the people against Walmart are not the majority. There are more people who don't live in the County Club area than those who do. And there are more people who are not organized to fight for a cause that would help them because they are already too busy trying to live day to day. 5. More jobs will be available for our high school and University students who have to supplement their tuition funds Robin Collett outside Salt Lake City July 1,2011, 1:59 PM Please SUPPORT Walmart's proposal to rezone the property located at 2705 E.Parley's Way and change the community's land use master plan. The bottom-line is Walmart owns the property and a store will be at that location regardless of rezoning. That said,I definitely prefer a nice new up-dated Walmart to a Walmart that is simply Public comments as of July 14,2011,9:39 AM Nip:/lwwrv.peakdemocracycom/141 Page 18 o133 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Amik Way and change the community's land use master plan? All Participants around Salt Lake City moved into an old, tired, non-energy efficient 40 year old building. And, yes I will shop at a Walmart located on Parley's Way - it will save me the drive to the Park City Walmart from East Mill Creek! Thanks for listening. Name not shown in District 6 July 1, 2011, 11:01 AM Please vote NO on the proposed re-zoning and Walmart expansion. There are currently two Walmart Super Centers within 7 miles of this proposed location and they are relatively easy to access from the interstate. Of course, they aren't in the quaint, "safe" areas of Sugarhouse. Obviously, Walmart prices are unbeatable, but the environmental, social and economic repercussions are not worth it.A Walmart Super Center will most certainly damage the Fresh Market down the street, possibly leaving another empty building. The Sugarhouse area can hardly support the current traffic loads (1300 E, 2100S and Foothill drive are all consistently backed up). Factor in delivery trucks, customers and employees and this seems like a great way to add more pollution to the Sugarhouse area. Amok Plus, is there really such thing as a "green"Walmart? Aaron Phillips in District 7 July 1, 2011, 10:04 AM No. Do not let this retail juggernaut strongarm the Council into shifting zoning regulations.The proposed zoning change does not reflect the will of the majority of residents in the area. Name not shown in District 7 July 1, 2011, 4:14 AM No. I do not support changing the master plan. I am against a Walmart in this location at all. I do not want walmart to take away from local business, and if they are insistent in opening in this location I hope they have a smaller space to sell their imported garbage from China.Also, I must say I'm proud of all the Salt Lakers standing up to this monstrosity! Perrine Anderson in District 5 June 30, 2011, 11:06 PM NO! Please listen to the majority of these voices and vote no on rezoning.Walmart is notorious for driving out local business. Over the last number of years, we have seen Big Boxes come in and ruin our neighborhoods.The Home Depot on Highland Drive, and more remotely, the Shopko mess on 1300 East are classic examples. Neither are "walkable" and neither attracts shoppers or tourists like a truly interesting shopping district does.The 15th and 15th, 9th and 9th, and 3rd South areas bring people in.The corner of shops on Highland drive and 21st South where the "pit" now lies had the same attraction. Cookie cutter developments like the Gateway have no individuality or appeal, with their chain stores and restaurants.Walmart bought the Parley's site knowing what the restrictions were, so Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 19 of 33 Council:Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E.Parley's Way and change the community's land use master plan? All Participants around Salt Lake City let them remodel the existing building,but don't let them expand it.Those of us who vote with our feet and wallets won't darken their doors,and perhaps they'll leave eventually! Name not shown in District 6 June 30,2011, 8:53 PM An emphatic NO on rezoning. The idea of a"community wal-mart"is preposterous.It we truly want to invest in our communities, local businesses should be supported,rather than changing the rules for a large multi-million dollar corporation that doesn't have the interests of our neighborhoods and residents at heart. Last I checked,there was a wal-mart,target,and costco on 300 West-all in relatively easy driving distance from Parley's and accessible via the interstate.There is no reason to build another so these corporations can continue to profit to the detriment of our communities. Name not shown in District 7 June 30,2011, 8:52 PM I don't shop at Walmart.So even if there is one there,I will vote with my dollar and spend it somewhere else.I don't like the idea of having a Walmart on Parley's Way.However,if they are going to build a store there whether I like it or not,at least it should be an updated,green,earthquake-safe one. Stephen Hertz in District 6 June 30,2011, 8:35 PM I support a Walmart in this neighborhood. The rezone changes would not affect surrounding businesses. This store would help the middle class shoppers shop for things closer to home. This would bring a greater wealth of tax income in the pocket of city. Foothill Village is to expensive for everyday items the more wealthy that live in these neighborhoods can purchase things at both places along with common middle class.From being in the area many years I do not see any negative thought of this store coming to the area. Fresh Market has been struggling already due to high prices that is why I do not shop that store that often. Seeing how Kmart worked at this location this location is just to bring an added enjoyment to peoples shopping experience that enjoy Walmart.A larger building will not damage this area there is already office buildings in that area. Any business in this area sees that it is already not a high demand for a business.This is why I think Walmart will not bring tremendous traffic to area,will work for the community.VOTE YES WALMART! Name not shown in District 7 June 30,2011, 8:10 PM As a Sugar House resident I hope the city council sticks to the zoning of the master plan and denies Walmart's request. It takes a lot of effort to put together a master plan and it doesn't happen over night and it doesn't happen in a vacuum. Master plans are the best reflection of what the overall community vision is for their neighborhood. If we continue to change and amend master plans to allow for different zoning we erode the fabric of community involvement in the master plan process. By changing the zoning and amending the master plan you would effectively kill any other vision for that parcel. Of course,Walmart has every right to develop their property,but they should be required to do it within the zoning ordinance. Public comments as of July 14,2011,9:39 AM WI/wive peaktlemocracy.comR41 Page 20 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City We have far too much traffic on this corridor of Foothill Drive and still have no light rail along Foothill to support more expansion. The existing expansion in Research Park means it takes a full 5 minutes to travel from the light at 13th south on Foothill to Sunnyside in the morning. Added traffic congestion and concurrent pollution from WalMart are not supported by road structure that can't handle the Research Park expansion. Brad Duncan in District 6 June 30, 2011, 4:25 PM The council should vote no for rezoning.Wal-mart knew what they were getting when they purchased the property and the master plan's vision is still applicable today and is a good plan. Leave it zoned as-is and Wal-mart will be more likely to do something that will improve the neighborhood AND their pocketbooks rather than just their pocketbooks. Ben Mates in District 7 June 30, 2011, 4:20 PM I am against a Walmart Superstore on this site.Actually, I'm against any Walmart store on any site, due to their externalizing costs to the rest of us.Watch "The High Cost of Low Price" to learn of the impacts of Walmart on local communities. Jack Matheson in District 3 June 30, 2011, 4:10 PM I vote NO on Wal-Mart. Name not shown in District 6 June 30, 2011, 4:04 PM I vote yes. I live in the area and don't think having a Walmart will damage the look of the area. We can use a good store like that to get things at reasonable prices at a convenient location. The fears of the neighbors are unfounded. I like Walmart's proposal and think it makes sense. Name not shown in District 6 June 30, 2011, 3:16 PM No, I would not like to see a zone change in the area. The old K-mart is large enough and is very close to the Fresh Market. Gigantic Wal-Mart stores have proven destructive to local business and the store will be harmful to Sugar House's redevelopment efforts. I do not believe a master plan should be changed so drastically for one business, especially when the rezone will be harmful to the community. The old K-mart store should suffice and remodeling it would be much more environmentally friendly. bruce beck in District 3 June 30, 2011, 2:57 PM Yes,support Walmart's proposal so we can have a first class store to shop at. Name not shown in District 6 June 30, 2011, 2:29 PM Obviously, no to rezone. I'm surprised in fact that this was not rezoned to residential and eliminate omit the desires to build more commercial business on an already congested 21st South area. Wal Mart's Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracycom/741 Page 21 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City proposal for rezone seems to be along the same lines of a proposal to create a new primary election to help out Mitt Romney which will create a new $2.5M tax burden on the state. A budget hit that is (better be) an unplanned item, and a budget that already cut out important things to our State including jobs lost. Oops? Did I just use this platform to express thoughts other than Wal Mart? My bad...l guess I had bigger issues on my mind...(walmart who?) Name not shown in District 3 June 30, 2011, 12:50 PM Of course the Walmart proposal should be granted. There appears to be sufficient infrastructure to support the traffic and parking, and the location would be a strategic accomplishment for both Walmart and for the east-side community. Why are people so afraid? I would not like to see the people of SLC deprived of an important and useful retail operation in a community fringe location that is attractive and ready for another such store. Arlington Hills Resident Name not shown in District 6 June 30, 2011, 12:44 PM The worst thing that could happen in this area is a zoning change that allows for a bigger and busier superstore. In past years the K-Mart of old never caused much of a congestion problem because it was poorly serviced and mismanaged. Walmart, however, is much more savvy. They can and will run as massive a superstore in that location as they can get away with. I have no love or hate of Walmart. It is a self-interested business the way all businesses are and it does not care about the surrounding community. It is only interested in maximum traffic and sales. Good for them and their customers, bad for people living near it. Do not believe anything Walmart says about their intentions in a CS zone. They want as much traffic and people pouring through that spot as they can get. Look at what happened to the area around 1300 East and Sugarhouse park years ago. What was once a quiet residential street was completely razed, a massive parking lot, Shopko, and other store packed in as tightly as they could go. Now look at the mess it is; massively congested, noisy, and ugly. Such can be the future of Parley's Way if we allow it. Lets not allow it. Leave the zoning as-is. Name not shown in District 6 June 30, 2011, 11:59 AM Yes, absolutely! Walmart should be allowed to tear down the 45 year old KMart building and build a brand new building including ALL CURRENT EARTHQUAKE CODES! Nothing is more important to this area than COMPLETE ONE STOP SHOPPING and a store that can be used as an earthquake shelter in the event of the potential disaster. The Intermountain Seismic Belt runs right through this area, with thousands of BRICK homes that will be RUBBLE! To prevent looting, Walmart could shelter hundreds of people with food, water, sanitation supplies, and bedding, all of which could be paid for by those who have lived to get there. I have sustained damage to my BRICK house during Public comments as of July 14,2011, 9 39 AM http://www.peakdemocracy.com/741 Page 22 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's lob Way and change the community's land use master plan? All Participants around Salt Lake City the earthquake which occurred many years ago on the Utah-Idaho border. It doesn't take much shaking to damage a brick house! The city tells us to keep a 72 hour supply of necessities in the event of an earthquake, but doesn't give us any indication of what we are to do if our house is GONE! Emma Ryder in District 6 June 30, 2011, 10:50 AM Please vote no! A Walmart in the area will only hurt the local businesses surrounding it.We need to support local business, which has been proven to bring in more revenue to the community than giant corporations. A giant Walmart with "better selection" as some people have been praising will only take more money out of the local business owners' pockets. If they must open a Walmart on the property, I say use what you've got. If they don't have the massive selection to provide true "one stop shopping" then good! Maybe people will have to venture out into their community to find what they need. And don't try to convince me that tearing down the existing building to build a more energy efficient one is green. Putting the tons upon tons of waste a tear down will create into the landfill, not to mention creating new materials, is anything but.They are just hiding behind the idea of green building because it is easier and cheaper for them to start from scratch than take the time to renovate the existing structure. - Phil Sarnoff in District 7 June 30, 2011, 10:25 AM I am wholeheartedly against Wal-Mart. Economically, socially and environmentally Wal-Mart is destructive to the communities it enters and to a good portion of the world. I would discourage a re-zoning of this area and make no concessions for Wal-Mart to muscle its way into the community. If they absolutely must move in then they should be required to use the existing structure, use trees to minimize visibility from Parley's Way and have major limitations on street signage. From an economic revitalization standpoint: In a city that prides itself on being able to weather economic fluctuations, another Wal-Mart will not help to keep money within the local community. Bringing in large stores will not serve to "bring new shoppers to the area". Since you are able to get almost everything at Wal-Mart, they will do their shopping there, emit some pollutants into the neighborhood and be on their way. If there is a way for the city to encourage local development, that would be ideal. From an aestetics standpoint: Have you ever said "that's a really attractive Wal-Mart?" Not likely. It's typically a monstrosity. Just because it used to be a K-mart doesn't automatically make it a good idea to replace it with another big box store. Clearly putting K-mart in that location was a bad idea.We should take this opportunity to learn from past mistakes. Please consider the long-term ramifications of this decision on a currently vibrant Sugar House Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 23 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City community. Please vote no on the re-zoning, no on the modifications to the master plan, and no to Wal-Mart. Name not shown in District 4 June 30, 2011, 10:10 AM NO.They have the property and can remodel it and have a store.Why on earth do they need a larger one?Walmart is already winning by muscling into a community that primarily doesn't want them. I don't think the community would be better served if they had an even larger building.We should be focusing on supporting local businesses and give our community members more options to open their own places instead of helping this enormous corporate entity. Not to mention they are being sued (and somehow winning?) because they havent been paying women as much as men.Women have been forced out of millions of dollars, cumulatively, and Walmart has seen no repercussions so far. Is this something we should be supporting? Monopolized corporate cruelty? Dramatic, maybe, but that company doesn't truly help the community. Scott Morham in District 5 June 30, 2011, 10:08 AM I support letting Walmart build a new store at this site. I ask the council to support the rezoning. Contrary to alot of what has been posted, Sugarhouse at 1300 east is the best place for the boutique shops that people have mentioned.A place right near the highway, in a giant commercial zone, that is already the site of a now blighted bankrupt Kmart, wouldn't you think this is the perfect place for a Walmart? It is! I tried to shop the kmart but their selection was so pathetic that it was impossible. However, a large Walmart has the range of merchandise that I would like to see. In general, I shop the local merchants but what do you do when you need christmas lights or an inflatable pool? I go to Walmart and this would be a convenient place for one. Not to mention the benefits to the tax coffers of the city. It's their property and it is zoned commercial, let them build what they need there. William Stadwiser in District 6 June 30, 2011, 10:04 AM I and the vast majority of my friends who live in the Sugar House neighborhood have somehow managed to live our lives without needing to shop at giant box stores like Wall Mart.Wall Mart stores underpay employees, bully their vendors into making extreme concessions on their price points (which reduces quality and forces vendors to take shortcuts and externalize costs), and ultimately undermine the vibrancy, resiliency, and diversity of local markets. If we truly want to continue fostering a unique community on the east side of town, then we MUST make investments in local businesses and local entrepreneurs ... not giant corporate chains. There are many reasons why investing in local small business is beneficial, but among the best arguments for is the fact (researched, established, peer reviewed) that for every $100 spent at a locally-owned business, $68 stays in the local economy compared to only $43 or less if spent at a national chain. Over the long haul, this keeps better paying and higher quality jobs here where we live, keeps decision-making firmly within citizens' grasp, and increases the quality of the goods and services that we exchange with each other. In short, investing locally increases the quality of our lives and leaves a better, more vibrant community behind for our children.What we need is not more box stores like Wall Mart (or Target, or Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 24 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? ,' All Participants around Salt Lake City K-Mart, or Shopko, or Pep Boys, or Barns and Noble, or Red Lobster). Instead, what we need more of are stores and restaurants like Old Fashion Service Auto Repair on 33rd South, Silver Star Hardware on 33rd South, The King's English on 15th East, Traces Garden Store on 11th East, Mazza on 15th or 9th, Sugar House Coffee on 21st. Instead of exchanging money with strangers who do not necessarily have our best long-term interests at heart, let's do business with our friends, neighbors, and fellow community members first.And where a good or service does not yet exist locally, let's make investments in helping our fellow citizens create those opportunities themselves. Vote NO on Wall Mart! Diane Barlow in District 6 June 30, 2011, 9:43 AM A very strong NO! Is this what we want people to see as they enter the Salt Lake City valley from the east? A small Walmart is bad enough let alone a super mart. Walmart is famous for trying to wear down city governments and citizens. Please show them that Salt Lake City will not change the zoning or the master plan, no matter how many times it is requested. They knew full well what the situation was when they purchased the property. I too would love to see a village of smaller stores. The third west Walmart is one example of how they keep their properties. Fortunately, it is located in a business enviornment. Parley's Way is surrounded by residential neighborhoods.Walmart stores definately change the feel and esthetics of neighbohoods. Please vote NO! Thank you for giving us this opportunity to respond on the web. Diane Barlow Name not shown in District 7 June 30, 2011, 9:30 AM Vote No. Do not support the re-zoning for Wal-Mart to put a store in. I don't believe that we should bend or change the rules to allow a big business such as Wal-Mart with a record of treating employees poorly to develop in our neighborhood. I also believe that putting a Wal-Mart in would do to detract from the Heart of Sugarhouse which at the present moment is missing due to a poor decision made by members of our community in attempting to develop it into something bigger. Please allow Sugar House to maintain it's character. Say no to Box Stores. steve wyatt in District 7 June 30, 2011, 9:23 AM No and again No --- the Salt Lake City Planning Commission wisely recommended the Council deny Walmart's requests. Spot zoning variations to accommodate large corporate interests are just bad policy that will detract from the neighborhood. I am unaware of a shortage of Walmart's that might justify this action. How badly do we need another large, minimum wage paying, corporation undercutting the local stores out? Kathy Adams in District 7 June 30, 2011, 9:18 AM NO TO REZONE!The city council turned down St Joesph's Villa's rezone to improve the living — conditions of Alzheimer's patients because the neighborhood didn't want it. Let's see if city council Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 25 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City cares more about the needs of a multi-national retailer than our elderly. Mark Terran in District 4 June 30, 2011, 9:15 AM YES on Walmart's requests. Don't let the outcries of a selfish few on the overlooking benches or those of jealous competitors ruin it for the community at large, which wants a store nearby that is able to supply the merchandise and services that it needs and at lower prices. The moans regarding automotive traffic are baseless. First, the implication that this Walmart would be a multi-state, hundred-mile-radius, automotive magnet is not supported by the facts. There are multiple Walmarts all around the Salt Lake Valley alone which serve the needs of their respective communities; the Parley's Walmart would serve the needs of its community. Second,Walmart is not like a football game or soccer game or rock concert--where everyone is arriving or leaving simultaneously. Though Walmart parking lots do contain many parked cars, the actual traffic moving in and out of these lots, and to and from the streets, actually consists of a very, very slight trickle, at any given time. I personally find this to be the case whenever I shop at Walmart, regardless of the store location. Check it out and see for yourself. To Walmart itself I would say: don't build a smaller store. These don't have as good a selection, and tend to disappoint. Build a store at least as big as the existing building -- preferably bigger. I understand a new building would be built at a lower elevation than the existing building and that the overall visual effect of the entire property would be more pleasing than it is now. And enough of the doomsday scenarios: "What if Walmart were to leave fifty years from now -- then we'd be stuck with an empty building!" Look: we've got the doomsday scenario NOW -- an empty building that does no one any good and brings no tax revenue nor jobs into the area. And like it or not, scuttling the Walmart, getting rid of the Kmart building, and putting in a park, a field of clovers, or an enclave of overpriced boutique shops, isn't actually on the table (Walmart does own the property, after all). So let's not get confused by such notions. Let Walmart have its nice, new, earthquake-safe, visually-improved, energy-efficient building with one of its newer, sleeker, more stylish exterior designs (they're not the basic blue anymore) and its pleasant re-grading and landscaping of the entire property, so that we can save money, live better, and decide for ourselves how we want to invest in the local economy with the money thus saved. Name not shown outside Salt Lake City June 30, 2011, 8:56 AM walmart owns the property. it seems a waste of time for people to keep saying they want to keep walmart out or asking about other poeple who are interested in the property.walmart has owned the property for many years the question is can they rebuild a more efficient building or do they have to keep the old run down building and try to work with it.they could build a new energy efficient and earthquake ready building that would look nice. . they wanted to reduce the size of the building not increase it. . why keep voting against it just so the old run down building can stay and the neighborhood can look like a dump. It would only improve the neighborhood to have a nice new building rather than an empty building that is in poor condition and just sits vacant. i work at the Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 26 of 33 • Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City university and would enjoy having a store on my way home that i could stop at and grab a few things when needed cecilia uriburu in District 7 June 30, 2011, 8:37 AM Vote No. It is not necessary to demolish a building, haul the debries to the dumpster, change the zonning and now also change the Master Plan to build a green building... you can re-model and Re- use and trust the vision of the existing Master Plan that makes our neighborhood a great place to live.We are a hard working neighborhood, and in this economy we work even harder and we have families, so stop wasting my time, my money for nannies, parking and late dinners during hearings and energy for such a bad idea.lt has been about 3 years now...or more? New business in the are that DID NOT ask for a re-zone and are doing great: Harvest Bread company, Rare Coins, Anytime Business, Architectural Nexus, Precaucios... you name it! I am getting tired of this issue coming back again and again... I guess when you have the deep pockets you can keep asking again and again for a re-zone... get it through your head guys NO means NO... and you heard this many time by now. Let's do prublic hearings to talk about good projects, parks, community centers, farmers markets... not a big box that by the way we already have Fresh Market, Smiths, Dan's, a tire center across the street from the site. Let it go already, and let's talk about better projects!! Thank you, Cecilia. Name not shown in District 6 June 30, 2011, 8:31 AM If Walmart wants to use the existing space, that is fine. I would love to see a shopping area like 15th and 15th or 9th and 9th, but what entity will be putting forth the planning, money and effort to achieve that?Who else has shown an interest in that property besides Walmart? No to rezoning, but if Walmart is the only one who will develop the property, let them. It has been rundown for at least 12 years, even when the K-mart was operational. Name not shown in District 3 June 30, 2011, 8:26 AM Although the location is just off a freeway exit, the usual place one would see Walmart, I vote no on the rezone.These large commercial enterprises take away from our quality of life and our neighborhoods and promote more driving (dirty air) rather than less.Also, this entry into the city from 1-80 is one of the most beautiful we have. It would be a shame to include a view of Walmart as the first thing people see as they enter the valley off the Foothill Drive exit.As for services, there are other opportunities for that close by. Just stay on 1-80 until the next exit at 1300 East and you're in the heart of the Sugarhouse shopping district. Name not shown in District 4 June 30, 2011, 8:26 AM I would urge the Council to support Walmart's proposal. It is incoherent and unduly officious to Amok recognize that Walmart can remodel the existing store but not allow it to start over and create a more R.- Public comments as of July 14.2011, 9:39 AM http://www.peakdemocracy.com/741 Page 27 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City integrated structure on the same property. That kind of protectionist micromanagement by the city will only discourage future initiative and diverse development. Thank you for considering this proposal objectively. Name not shown in District 6 June 30, 2011, 8:13 AM No, absolutely not. Spot zoning is illegal no matter how big the corporate pocketbook. Kelly Stevens in District 3 June 30, 2011, 8:10 AM Absolutely not! for all the obvious reasons. Name not shown in District 6 June 30, 2011, 8:10 AM Vote no! Walmart should upgrade the property and remodel the current structure or find another location. Name not shown in District 6 June 30, 2011, 8:05 AM A larger walmart is not suited for the size and flow of that neighborhood. It will also gut small businesses in the area, especially stores like Tutoring Toy, Scentsations in the Foothill Village. Please reject Walmart's revised proposals. Name not shown in District 3 June 30, 2011, 7:42 AM The Council should not approve the change.We invested much time and energy to develop the masterplan for the area and thoroughly addressed many concerns about the area's commercial development.We need to honor the process of plan development or risk even more cynicism in the community.Walmart can build a smallmart on the site and it will still meet everyone's needs. A bigger box is not needed. Terry Marasco in District 3 June 30, 2011, 7:41 AM No, the city should be supporting small business development in every way, not enlarging the reach of businesses particularly those located out of Utah.. Remodeling the current facility is fine as an improvement. The city's campaign to buy local is hypocritical when it considers these kind of expansions. Name not shown in District 6 June 30, 2011, 7:29 AM No to rezoning and Walmart. If they want it they can buy as is or put up a new building according to size/rules already in zoning restrictions. We have done fine without a big superstar store since K- Marts closing. My choices would be to use the space for walking friendly independent stores similar to the 9th/9th or 15th/15th blocks; or a park for kids, people to enjoy with walking trails, etc; or a rec center similar to Steiner in order to promote exercise and health rather than the opposite w/ a Walmart Julia Reid in District 4 June 30, 2011, 7:05 AM Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 28 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's , ommlik Way and change the community's land use master plan? ter, , All Participants around Salt Lake City I oppose a change in zoning, which as far as I can see, would benefit Walmart and no one else.The zoning was imposed for a reason. It should not be changed just because we think the old K-mart store is ugly.The best solution would be to tear it down and put the land to some other use, not Walmart. It is a beautiful site with a nice view. Name not shown in District 5 June 30, 2011, 12:13 AM I would recommend the Council go along with the proposal to rezone this property for Walmart.As the property sits now it is a blight and the existing building was built in an odd place on the lot originally. I would like to see the Walmart and hopefully a little complex similar to Surgarhouse Shopping or Foothill Village. I understand that this will have an affect on the local/small business in the area, but it may also present new opportunities with increased shopper's to the area. I don't understand the opposition this site was already a big box store (K-Mart) and this development would atleast improve the site. I say change the zoning and let Walmart put in a new store ! Name not shown in District 5 June 29, 2011, 11:32 PM I think the master plan and zoning should stand. It was zoned that way because we don't WANT a big box store in that area and we zoned out the use so we wouldn't have to put up with that Big Box store in the future. And I think it would be better for the neighborhood and everyone else if they just bulldozed the existing building and built conforming structures to the current zoning. ,,.,! Walmart knew it was a non-conforming use when they bought it, and they should be forced to remodel the current building or build a new building consistent with the current zoning. MATTHEW STOUT in District 4 June 29, 2011, 11:09 PM As a small business owner I know too well what this will do. Odds are Wall Mart will close this store someday leaving the property blighted and the area stripped of neighborhood shopping. Even if you don't understand how Wall Mart operates, or care,just think about what people are starting to want in their communities. More often when asked, consumers want small comercial areas that promote walking communities, less trafic, and less sprawl. I would rather see an plan that promotes a community marketplace like the farmers market in pioneer park. Glen Elkins in District 5 June 29, 2011, 10:38 PM What is there now is flat ugly. If Walmart is willing to replace some of the asphalt with eco friendly landscaping, and create an attractive facility, then go for it. If 1300 south and 300 west is the model then no way. Name not shown in District 7 June 29, 2011, 10:14 PM No to the rezone. This neighborhood has already been taken over by enough chain stores and monster developments. We do not need a Walmart to come in and lower the appeal of the neighborhood. No to Walmart. Richard Kanner in District 7 June 29, 2011, 10:05 PM Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracycom/741 Page 29 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City If Walmart plans on modernizing the current old K-Mart building then fine. However, an enlarged store at that site is inconsistent with the neighborhood.There are plenty of big box stores on 3rd West and that is where they belong. Parleys Way is already getting close to as much traffic than it can handle and Foothill Drive during rush hours is almost a parking lot.The added traffic from a big box such as Walmart as exists on 13th south and 3rd west would be a disaster.The stop and start driving will add considerably to both particulate and ozone air pollution - and we currently cannot meet EPA standards.These standards are designed to protect our health and to violate them is more than a felony or misdemeanor, it is a health hazard. In addition, a Walmart would spell the end to several local businesses in the area. The Fresh market on 23rd East & Parleys, the Rite Aid on Parleys, the tire dealer on Parleys, etc. would probably be forced out of business by a big box Walmart. Also, Foothill Village and the stores there would be threatened. I would much prefer to have local businesses with the profits staying here than to support Bentonville, Arkansas.The City Council was wise to stick to their original plan in February and they should continue to stay the course. I realize that walmart with all their resources will keep coming back trying to have their way.We should continue to stand up to them.Thank you. C. Michael Foster in District 4 June 29, 2011, 10:01 PM I miss having a "big box" store at the top of Parleys Way. Can't say I was a regular, but when I needed something, often a jumbo-sized retailer was the only place to get it, and K-Mart was the only one within a 10-mile radius. Smiths Marketplace isn't too far away, but doesn't have nearly the selection. The KMart that was there was sorely out-of-date.And ugly. In comparison to Target and Walmart, it was also a bit undersized. Judging by the size of the parking lot, the property could easily accommodate a larger store. I do agree, however, that there must be a way to make the store more visually appealing, less obtrusive, and more in harmony with the neighborhood. Size doesn't concern me as much as aesthetics. Make it beautiful. Landscape the heck out of it. Class it up with nicer architecture and facades. Drastically reduce the size of the signs/logo. Make it feel less like a warehouse. Give it some character and personality. Do that, and I have no problem with rezoning. Of course, if I had my druthers, I'd rather see a Super Target there. Name not shown outside Salt Lake City June 29, 2011, 9:55 PM Walmart should just rebrand the building with their sign and go into operation without any exterior changes. They might do some things on the inside such as extra insulation, etc. I used to shop in that building when it was Kmart, seems like it worked, so it ought to work out for Walmart too. Name not shown in District 5 June 29, 2011, 9:54 PM The current building is terrible looking. I would support a remodel or tear down of the current building as long as the new building did not have a larger footprint. This is a fairly congested area as well as being too close to residential neighborhoods to be anything bigger than it already is. Let me just make clear---I hate Wal-Mart. I never shop at Wal-Mart and think they have terrible Public comments as of July 14,2011, 9:39 AM http:/Avww.peakdemocracy.com/741 Page 30 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's ,,,,,,s Way and change the community's land use master plan? All Participants around Salt Lake City hiring/pay/employee benefits.With that said I also don't want the building to sit empty and deteriorate before our eyes. Name not shown in District 5 June 29, 2011, 9:53 PM WalMarts are closing, big boxes in general are not a viable shopping option. Why should we allow something that has a history of being unpopular and destroys huge properties. Consider a user friendly, popular, neighborhood atmosphere like 9th and 9th and 15th and 15th? Thank you James Guilkey in District 6 June 29, 2011, 9:50 PM I support accommodating WalMart's aspirations for this site. It has been a big box store for decades, and it isn't going to turn into an organic daisy farm if their plans are scuttled by the City Council. The sales tax revenue generated by this store would be substantial, and I suspect that many of the prospective WalMart shoppers are currently spending their money at the Smith's Marketplace on 33rd South, outside of Salt Lake City. It is easy to express righteous indignation over big box stores, it is a lot harder to come up with the ,,,., kind of sales tax revenue that this business could generate. �µ Gary Harding in District 6 June 29, 2011, 9:46 PM No, the city should not grant any zoning change or alter the master plan. This is not a business that is designed to serve the local neighborhood.Without local benefit there is no justification for adulterating the existing community plan. If the main purpose was to serve any commercial needs in those neighborhoods it could easily be accommodated within the current zoning.The zoning changes are requested to make the location a magnet for far flung automotive based customers. This community should not be changed to serve that purpose. The traffic flow off of Foothill into that shopping area is already dangerous and a source of congestion. This should not be agrevated. Over time it would, inevitably, generate large transportation expenditures for studies and major road modifications. Daniel Lower in District 1 June 29, 2011, 9:45 PM What do people want done with this property otherwise? It's not going to become 'open space' or a nature park, so commercial is likely regardless. I would like to see something on a smaller scale, like a Wal-Mart Neighborhood Market, rather than a Supercenter or something of that nature. It would be more in line with the surrounding area and not stand out quite as much. Several of these exist in Utah - Layton, South Ogden are good examples. They are much smaller and have mostly groceries and not much other items. 4044 Thanks, Daniel Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.comf741 Page 31 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City I strongly support the City's original decision to keep the zoning designations as they are and not allow Wal-Mart to re-zone the property to suit their business objectives.A tremendous amount of work and community input went into the zoning Master Plan and it seems senseless to abandon the Plan's concepts and intentions in order to accommodate one of this nation's worst and most exploitive corporations.To allow a re-zoning in the service of Wal-Mart's objectives is to insult to those who devoted countless hours to the formulation of an agreeable, workable community zoning Master Plan and a capitulation to an uncaring, predatory, and self-serving corporation that is an embarrassment to America's business community. Please do not allow this re-zoning to take place. Beverly Hanson in District 5 June 29, 2011, 9:18 PM I support the current zoning, since we do not need more "big box" stores. I applaud Harmons for the smaller, neighborhood-oriented store they are building, and belive that Walmart should follow their lead. Name not shown in District 6 June 29, 2011, 9:16 PM If I understand the intentions of Walmart I would like to see the council support their proposal to rezone or at least allow them to rebuild. Everything that I've heard is that Walmart was actually wanting to build a more efficient, better looking and smaller store than is there presently.That would add some beauty to a eyesore of a parking lot and existing building. I've heard they want to lower the elevation to meet Parleys Way, add trees in the strips of the parking lot, build a better looking smaller store. If it is the intention of Walmart to rezone the property and if size is a concern, why can't the planning commission write some limitations on square footage that would be allowable for the size of the lot.The commission can also make sure the new land use master plan is an appropriate one without worrying that Walmart or anyone else can abuse it by overbuilding. I think that the word "teardown" has become a 4 letter word that we all needs to get over. It seems like most are concerned about a big box store but isn't that what's there now. No one ever complained when it was a K-Mart store, what's the difference if Walmart wants build new and improved.That area needs some type of stimulus. Name not shown in District 3 June 29, 2011, 9:16 PM It is my hope that the Council will deny changing the community's master plan and thereby deny Walmart their marring the community with another big box store. Please do not allow this area to become any less neighbor friendly. Rob MacLeod outside Salt Lake City June 29, 2011, 9:06 PM I oppose such rezoning for the impact a big box store like WallMart would have on the area and the surrounding neighborhood. Traffic in 2100 South is already substantial and the additional requirements of a large shopping area would impact both local traffic and even the access from the near 1-215 interchange. The Sugarhouse area has progressed to a community friendly structure of mostly small retailers and accessible pedestrian and bicycle friendly destinations. The commercial activity is distributed rather than heavily concentrated in a small number of large structures; this not only adds charm but keeps Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracy.com/741 Page 32 of 33 Council: Walmart rezoning proposal on East Parley's Way Should the Council support Walmart's proposal to rezone the property located at 2705 E. Parley's Way and change the community's land use master plan? All Participants around Salt Lake City the traffic and the resulting buildingscape on a personal scale.We have seen the blight of the mega store in our suburbs and do not need the same to occur in one of the few preserved mixed use neighborhoods. I fully support the Mayor and the City Council for their resistance to this rezoning and applaud your sensitivity to what makes such neighborhoods livable and popular. Name not shown in District 4 June 29, 2011, 9:01 PM The council should stay the course, keep the current master plan and not support the rezoning. Kelly White in District 6 June 29, 2011, 8:57 PM The City Council should deny this request to rezone and to amend the master plan. The City should focus on small local and small neighborhood businesses and keep the large big box stores out of residential areas. Walmart bought the property as is and should remodel the existing building on the blueprint as it is. Name not shown in District 6 June 29, 2011, 8:56 PM Please allow Walmart to rezone for the store on Parley's way. It will reduce traffic and air pollution to have east-side residents shop at this store. The better the store, the more likely that residents will ,,_ shop on Parley's way rather than drive to stores farther away. Travis Jensen in District 4 June 29, 2011, 8:56 PM I'd prefer the city stick with the current zoning. Let WalMart redo the existing site. If that doesn't work for them, they can sell the property and let someone else do something with the site. M Ray Kingston FAIA in District 4 June 29, 2011, 8:51 PM The City Council should deny Walmart's request for rezoning. Name not shown in District 4 June 29, 2011, 8:05 PM The East Central District is in strong support of the City Council supporting the existing master plan by denying these two petitions and asking that Walmart not only build in the existing building space but also that they do all they can to enhance the building and site in a collaborative effort with the neighbors.This effort needs to focus on the mitigations of negative impacts, support of small and local businesses in the surrounding area, building and site design, landscaping, parking and traffic impacts, etc.This can be done by supporting the design and visioning statements of the master plan and a willingness to be a good corporate neighbor. If Rocky Mountain Power can honor this type of request; if IHC can do this, then certainly Walmart can make a stronger effort to partner in this community as they have in Europe. Public comments as of July 14,2011, 9:39 AM http://www.peakdemocracycom/741 Page 33 of 33 T :.cam`mint wit�,,�„ tomu . j SCANNED BY: RECEIVEDDEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT DATE■ OFFICE OF THE DIRECTOR � � SLC COUNCIL OFFICE CITY COUNCIL TRANSMITTAL M M Q MAR 15 2011 Date Received: Davi veritt, Chi f Staff By Date Sent to City Council: 03 I 'Zv6 I TO: Salt Lake City Council DATE: March 10, 2011 Jill Remington Love, lrair- FROM: Frank Gray, Commum & Economic Development Departmen 'rector SUBJECT: Petition PLNPCM2010-00556: East Bench Community Master Plan Amendment. A request by Ballard Spar LLP representing Walmart Stores Inc. to amend the East Bench Community Master Plan Future Land Use Map. The amendment would change the future land use classification of the property located at 2705 E. Parleys Way from Community Business to Community Shopping. Petition PLNPCM2010-00557: Zoning Map Amendment. A request by Ballard Spar, LLP representing Walmart Stores Inc. to re-zone the property located at 2705 E. Parleys Way from CB Community Business to CS Community Shopping. STAFF CONTACT: Wayne Mills, Senior Planner, 801-535-7282, wayne.mills@slcgov.com DOCUMENT TYPE: Ordinance. A draft ordinance is not included with this transmittal due to the Planning Commission's negative recommendation on the proposed amendments. FINDINGS AND MOTION: The petitions were presented to the Planning Commission in a public hearing on February 9, 2011. Based on the information presented in the staff report and at the public hearing, the Planning Commission voted six to one to transmit to the City Council a recommendation to deny the proposed master plan and zoning map amendments. 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 145486, SALT LAKE CITY, UTAH 841 14-5486 1 TELEPHONE: 801-535-71 05 FAX: 801-535-6005 WWW.SLCCED.COM == wccrccc r�rcn RECOMMENDED ACTION: That the City Council hold a briefing and schedule a public hearing 00000* BUDGET IMPACT: None BACKGROUND/DISCUSSION: Issue Origin The petitioner is requesting that Salt Lake City amend the East Bench Master Plan Future Land Use Map from Community Business to Community Shopping for the property located at 2705 E. Parleys Way. This proposed change would facilitate a zoning map amendment, also requested by the applicant, which would change the zoning on the subject property from CB Community Business (CB) to CS Community Shopping(CS). The amendments are requested to allow the petitioner to demolish the existing structure on the property (a former Kmart) and construct a new Walmart Supercenter. The petitioner has submitted a preliminary site plan with the application; however, site design approval is not requested at this time. If the subject property is rezoned to CS, Walmart will be required to obtain Planned Development approval for development of the site. In the CS zoning district all new construction of principal buildings, uses, or additions that increase the floor area and/or parking requirement by 25% requires Planned Development approval. Planned Developments are reviewed by the Planning Commission in a public hearing according to a set of design criteria. Details of the petitioner's request, as well as background information, information regarding the public process, and an analysis of the proposed amendments, are included in the attached Planning Commission Staff Report (see Exhibit 1). PUBLIC PROCESS: The Planning Commission conducted a public hearing on the proposed amendments on February 9, 2011. There were approximately 91 public comment cards submitted in the hearing with 48 people in support and 43 opposed. The comments made both in support and in opposition closely reflected the comments sent to the Planning Staff prior to the public hearing. These comments are summarized starting on page 6 of the Planning Commission Staff Report (see Exhibit 1). After accepting public comment, the Planning Commission discussed the petitions at length. The one commissioner in support of the proposed amendments stated that a big box retailer was once allowed on the site and can continue. He stated that the only way that the City can ensure that the future Walmart store is developed properly is to rezone the property. He further stated that the property is more in common with the CS zone than the CB zone and changing the zoning would not significantly alter the East Bench Master Plan. The commissioners who did not support the proposed amendments made the following points: ➢ The City needs to consider the long term vision for the property and what zoning is appropriate. The issue is not the development of a new Walmart store. ➢ The existing zoning needs to remain in place long enough to achieve the community vision. ➢ The community does not want a big box store. 2 • The City does not need to rush into amending the master plan. Sufficient time is needed to achieve the master plan goals. Developers make a mistake in thinking that they can do whatever they want with the land. The land really belongs to the people and it the City's responsibility to ensure that the community's goals are achieved. ▪ Development should not drive the master plan. The master plan should drive development. The final decision of the Planning Commission was to transmit a negative recommendation to the City Council with a six to one vote. The minutes of the Planning Commission meeting are attached as Exhibit 5. Planning Staff has received additional public comments via email after the Planning Commission meeting. These comments are included as Exhibit 6. RELEVANT ORDINANCES: Sections 10-9a-204 and 205 of the Utah Code Title 10, Chapter 9a, Municipal Land Use, Development and Management Act regulate the requirements for noticing a general plan amendment and land use ordinance amendment. The petitions for the zoning and Master Plan amendments were published in the newspaper on January 29, 2011, meeting State Code noticing requirements. Amendments to the Zoning Ordinance and zoning map are authorized under Section 21A.50 of the Salt Lake City Zoning Ordinance, as detailed in Section 21A.50.050: "A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard." It does, however, list five factors, which should be analyzed prior to rezoning property (Section 21A.50.050B). The five factors are discussed in detail starting on page 14 of the Planning Commission Staff Report (see Exhibit 1). 3 TABLE OF CONTENTS 1. PLANNING COMMISSION STAFF REPORT 2. CHRONOLOGY 3. NOTICE OF CITY COUNCIL HEARING 4. MAILING LABELS 5. PLANNING COMMISION a. Agenda/Notice Mailing Newspaper Notice b. Minutes 6. ADDITIONAL PUBLIC COMMENTS (Post Planning Commission Meeting) 7. ORIGINAL PETITION PLANNING COMMISSION STAFF REPORT ..... , .^. C S 1 2705 E. PARLEYS WAY—MASTER PLAN AMENDMENT Sv A /.,T et AND ZONING MAP AMENDMENT PLNPCM2010-00556—Master Plan Amendment tn ;'01` PLNPCM2010-00557—Zoning Map Amendment "••.cI'T ••- 2705 E. Parleys Way Planning and Zoning Division February 9,2011 Department of Community and Economic Development Applicant: Ballard Spahr LLP Request representing Walmart Stores,Inc Ballard Spahr LLP representing Walmart Stores, Inc is requesting an Staff: Wayne Mills amendment to the East Bench Master Plan Future Land Use Map to change the 801-535-7282 land use classification of the property located at 2705 E. Parleys Way from wayne.mills@slcgov.com Community Business to Community Shopping.The applicant is also requesting Tax ID: 16-23-152-004 a Zoning Map Amendment to rezone the property from CB Community Business to CS Community Shopping. Current Zone: CB Community Business Master Plan Designation: Staff Recommendation OEast Bench Community Master Plan—Community Business PLNPCM2010-00556—Master plan Amendment Planning Staff recommends that the Planning Commission review the Staff Council District:District 7— Report and accept public comments. Planning Staff recommends that the Council Member Simonsen Planning Commission forward a recommendation on the proposal to the City Community Council:Sugar Council at the next scheduled Planning Commission hearing. House—Cabot Nelson,Chair PLNPCM2010-00557—Zoning Map Amendment Lot Size: Planning Staff recommends that the Planning Commission review the Staff Approximately 10.5 acres Report and accept public comments. Planning Staff recommends that the Current Use:Superstore and Planning Commission forward a recommendation on the proposal to the City Hypermarket Store Council at the next scheduled Planning Commission hearing. Applicable Land Use Regulations: •21A.50—Amendments • Section 10-9a-204—Utah State Code—Plan Amendment Notification Notification •Notice mailed on 1/28/11 •Newspaper ad on 1/29/11 O • Sign posted on 1/27/11 • Agenda posted on the Planning Division and Utah Public Meeting Notice PLNPCM2010-00556,PLNPCM2010-00557 Published Date:February 4,2011 1 websites 1/28/11 Attachments: 0 A.Application Submittals B.CB and CS Zoning District Regulations and Allowed" Uses C.City Department/Division Comments D.Community Council Minutes and Planning Staff Notes E.Public Comments F. Map of CB and CS Zoning Districts G.Capture/Leakage Analysis H.Site Photos VICINITY MAP et �" ` XI i:. r it \,-* i - .."' ;k,,,..- - -- ., -I , *-. i ,�w� .� • -r P.SS ,,. ' Subject r a "� - c `v,• .Property `` -ir.-1 ' tez ax t ,+= wi ,'� i= . - '. 3 f -, - + t _ ••.i-iTtic ' k ` 2'.. _•a l 4 ma y<.; ",„ r ` a\ . \ F,I `. zo 7�p 1� M / . , ...,,m. ,` _ -..,c am' O PLNPCM2010-00556,PLNPCM2010-00557 Published Date:February 4,2011 2 Background Request The applicant is requesting that Salt Lake City amend the East Bench Master Plan Future Land Use Map from Neighborhood Shopping to Community Shopping for the property located at 2705 E. Parleys Way. This proposed change would facilitate a zoning map amendment, also requested by the applicant, which would change the zoning on the subject property from CB Community Business (CB) to CS Community Shopping (CS). The amendments are requested to allow the applicant to demolish the existing structure on the property (a former Kmart) and construct a new Walmart Supercenter. The applicant has submitted a preliminary site plan with the application; however, site design approval is not requested at this time. If the subject property is rezoned to CS Walmart will be required to obtain Planned Development approval for development of the site. In the CS zoning district all new construction of principal buildings, uses, or additions that increase the floor area and/or parking requirement by 25% requires Planned Development approval. Planned Developments are reviewed by the Planning Commission in a public hearing according to a set of design criteria. Purpose of Request The overall purpose of the applicant's request is to allow Walmart to demolish the existing building on the site and construct a new Walmart Supercenter. In order to understand the purpose further, Staff provides the following history of development and zoning of the property: o In 1968 Salt Lake City issued a permit for the construction of a Kmart on the property. The building constructed was approximately 113,227 square feet in size and was portioned off into two sections; one section for Kmart (93,027 square feet), and the other section for Kmart Food (20,200 square feet). o The property was zoned Business B-3 when the building permit was issued. The B-3 zoning district allowed "shops for retail business" as a permitted use. o In 1973 the Board of Adjustment approved an addition to the side of the building for use as a garden and patio shop that would not be completely enclosed. The garden area was approximately 6,940 square feet in size. O The property was rezoned in 1995 to CB as part of a city-wide rezoning project. Kmart was still considered a permitted use as a retail goods establishment; however, the structure on the property became non-complying due to the maximum front yard setback, maximum building size, and design requirements in the CB zoning district. ® The City Council adopted an ordinance in January 2004 defining different types of retail uses (Conventional Department Stores, Mass Merchandising Store, Specialty Store, Superstore and Hypermarket Store, and Warehouse Club Store). The only zoning districts affected by the ordinance were the Gateway Mixed-Use (G-MU) and Downtown districts. • Walmart purchased the Kmart property in February of 2005. PLNPCM2010-005%6.PLNPCM2010-00557 Published Date: February 4,2011 n 3 • The City Council adopted an ordinance in November 2005 that amended the Commercial Districts Use Chart to include the new retail land use classifications that were adopted in 2004. The use chart w amended to allow only"Retail goods establishments" and"Retail services establishments" as purr/teed uses in the CB zoning district. Kmart was considered a"Superstore and Hypermarket Store", which was not allowed in the CB zone; therefore, Kmart became a nonconforming use. • In November 2008 Kmart closed its doors for business. When Kmart closed in 2008 the use on the property ("Superstore and Hypermarket Store") was nonconforming because the use was not a permitted use in the zoning district. In addition, the structure was noncomplying because it exceeded the maximum allowable building size, maximum allowable front yard setback and did not meet some of the CB district design criteria. Therefore, for zoning regulation purposes, the existing building on the property is considered a noncomplying structure with a nonconforming use. The Zoning Ordinance allows for the continuation of a noncomplying structure with a nonconforming use even if the property ownership changes. In this case, the proposed Walmart is the same type of use as the previous Kmart; therefore, Walmart can operate within the existing building on the property through the standard business licensing and building code review processes. However, there are limitations on what Walmart can do with the existing building considering its status as a noncomplying structure with a nonconforming use. The Salt Lake City Zoning Ordinance allows for the voluntary demolition and reconstruction of a noncomplying structure with a nonconforming use up to 50% without obtaining any permitting approval other than standard business licensing and building code review. The 50% threshold pertains only to the structural elements of the building but is not calculated as 50% of the physical structure. The calculation is based' he ratio of the cost to construct the building according to current building standards and the cost of replacithe portion of the building to be demolished and replaced. If the replacement cost is less than 50% of the total construction cost, it is permitted. If it exceeds 50%, it is considered a demolition and all new construction, as well as the use, would have to comply with the current zoning regulations. In summary, Walmart can open a new store in the existing building but can only make improvements on the building up to 50% of the total construction valuation. Walmart has obtained a permit to remodel the existing building and open a store if the City does not approve the rezone. Walmart is requesting a zoning amendment to change the zoning to CS. In the CS zoning district, a "Superstore and Hypermarket Store" land use is permitted; therefore, Walmart would be allowed to demolish the existing structure and build a new building. Previous Petition and Current Proposal (What has changed?) In June 2007, Walmart submitted the same two types of petitions as what is currently being reviewed. At that time, the preliminary development plan included an 115,060 square foot retail building with a 5,057 square foot garden center. In September 2008, the Planning Commission reviewed the petitions in a public hearing and voted to forward a recommendation of denial to the City Council. Walmart withdrew their petitions prior to the City Council taking final action. The current preliminary development plan reduces the size of the retail building to 91,750 square feet and eliminates the garden center. The height of the building would average 26 feet with a maximum height33 feet. The new plan shows designated walkways between Foothill Blvd. and Parleys Way. In addition, tl :w plan shows an area of land 1.15 acres in size for additional development. Walmart representatives have sated that they have no specific plans for the 1.15 acre site, but would like to work with the community to determine PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 4 the best use. They have stated that if the community does not want another use on the property, they would use the area for additional parking. Comments City Department Comments The comments received from pertinent City Departments / Divisions are attached to this staff report in Attachment C. The Planning Division has not received comments from the applicable City Departments / Divisions that cannot reasonably be fulfilled or that warrant denial of the petition. Community Council Comments The subject property is in the East Bench Community Council area but within 600 feet of the Sugar House Community Council boundary; therefore, the petition was presented to both community councils. In addition, the petition was presented to the Sunnyside East Community Council. The following provides a summary of the community council meetings. The community council meeting minutes that are available are attached, as well as meeting notes that were taken by Staff that attended the meetings (see Attachment D). Sugar House Conznncuzity Council The petitions were presented to the Sugar House Land Use and Zoning Committee on September 20, 2010 and the Sugar House Community Council on November 3, 2010. Approximately 200 people attended the community council meeting. The Sugar House Community Council is represented by a group of trustees that vote on issues. During the meeting the general public was given the opportunity to speak. Some members of the public were in favor of the rezone and others were opposed. The Sugar House Community Council Trustees then discussed the petitions and voted to recommend that the Planning Commission and City Council deny the petitions. A report submitted by the Sugar House Community Council and notes taken by Planning Staff that attended the meeting are attached in Attachment D. East Bench Community Council The petitions were presented to the East Bench Community Council on October 20, 2010 and again on November 17, 2010. The purpose of holding two meetings was to brief the community during the first meeting and then obtain a vote from the community council members at the second meeting. Approximately 90 people attended both community council meetings. On November 17 the Community Council voted to support the petitions in a 46 to 44 vote. Notes taken by Planning Staff that attended both meetings are attached in Attachment D. Sunnyside East Community Council The petitions were presented to the Sunnyside East Community Council Executive Board on November 30, 2011 with approximately 10 people in attendance. The members of the community council did not vote on whether or not they support the petitions. Many of their concerns were related to traffic impacts on Foothill Drive. They also expressed concern that the East Bench Master Plan is old and needs to be updated, and that this should occur before the City approves any zoning amendments. PLNPCM2010-00556.PLNPCM2010-00557 Published Date: February 4,2011 Public Comments Amok Planning Staff established an Open City Hall webpage for the petitions in October 2010. The webpage included a background fact sheet, information on the existing and proposed zoning, and maps. The Open City Hall site allowed the public to submit comments regarding the petitions. Staff received 97 comments with 58 supporting the petitions, 31 opposed, and 8 that were not specific enough to determine if they support or oppose the petitions. Those that were not specific stated that they did not care one way or the other but traffic would be a problem and pedestrians should be prioritized over vehicles, they support the rezone to allow big box retail but do not support Walmart, and would rather have residential developed on the site but think that a new Walmart will be better than a vacant site. The comments received through Open City Hall are attached (see Attachment E). In addition to the comments received on Open City Hall, Staff received 11 phone calls with four in support and five opposed. Staff also received 85 letters/emails with 20 in support, 64 opposed, and one who stated that they are not opposed to the rezoning to allow Walmart but is concerned that they would have the ability to increase the building height and size, could temporary warehouse stock outside of the building, and could place a deed restriction on the property to prevent lease or sale to a competitor. A phone log and copies of the letters/emails received are attached (see Attachment E). Walmart conducted their own public support campaign at some of their local Walmart stores. Cards were handed out asking if individuals "support a brand new, smaller, more energy efficient Walmart on Parleys." Walmart received support cards from 3,882 individuals with Salt Lake City addresses. An example of the submitted cards and a spreadsheet with the names and addresses of those that signed the cards are attached (see Attachment E). Public/Community Council Comments Summary The following is a summary of the reasons why people support the subject petitions and the reasons for opposition. Those that support the petitions stated: ➢ They would like a new more efficient building than the re-use of the older existing building. ➢ Big box retail is the historic use of the property and it worked in the past so why change the use. ➢ They prefer additional shopping choices in their neighborhood. ➢ They see environmental impacts from having to drive to 300 West or other places in the valley to shop at Walmart, Target, etc. ➢ The existing, site is an eyesore and they would like to see it improved. ➢ The City needs the tax revenue from a larger shopping center. ➢ They would like Walmart to build a larger store than what is proposed that includes all services offered by Walmart, such as tire/lube service and an outdoor garden center. Those that oppose the petitions provided the following reasons: ➢ Traffic Impacts; o Foothill Drive is already at maximum capacity. Traffic generated from Walmart(or other b box retail stores) will make it worse. o Delivery trucks exiting,the site onto Foothill will create traffic impacts. o The intersection of Stringham and Foothill is not signalized. Left turns onto Stringham from Foothill and onto Foothill from Stringham are dangerous. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 6 o Walmart(or other big box retail stores)will create traffic impacts on nearby residential streets. ➢ There is no reason to change the zoning. Walmart can remodel the existing building and operate. ➢ Opposition to Walmart in general, such as their business practices and sale of imported goods. ➢ The East Bench Master Plan and CB zone were established to prevent the area from turning into a big box retail center. ➢ The property should be developed as housing. ➢ The property should be developed as a walkable, bike friendly development. Rezoning to CS will eliminate the possibility of that ever happening. ➢ Lighting and noise from a big box store will impact adjacent residential properties. ➢ Rezoning the property will set a precedent and allow other properties in the east bench area to be rezoned to more intense zoning classifications. ➢ The East Bench neighborhood is adequately served by existing businesses. Walmart (or any big box store) would take business from the existing retail businesses, which would leave vacant commercial properties in the area. ➢ People that shop at big box retail stores can do so on 300 West and elsewhere in the valley. ➢ Concerns regarding the environmental impact of big box retail stores, such as energy consumption. ➢ The East Bench Master Plan needs to be updated. The City should not rezone property until the master plan is updated. ➢ The CS district will allow bigger and taller buildings. ➢ Walmart is showing a 92,000 square foot building with trail connection, and landscaping on their preliminary development plan. If the zoning changes, Walmart will be able to build whatever they want regardless of what they are currently showing. ➢ Opposed to development agreements related to zoning amendments because the City has difficulty tracking the agreements, which requires the neighbors to track the business activities. ➢ Walmart is the property owner. If Walmart closes, they can hold onto the property and leave it vacant in order to ensure that a competitor does not open on the site. They could also lease the property to use as a flea market. ➢ Keeping the existing zoning (CB) will require smaller buildings on the site, which are easier to lease if Walmart closes. ➢ The preliminary development plan shows an additional development site. This site could turn into gas station or other use that the neighborhood does not want. Project Review Master Plan Amendment Discussion The East Bench Master Plan was adopted in 1987. At that time, the future land use of the subject property was classified as `Neighborhood Business". In 1995, the City undertook a complete revision to the Zoning Ordinance and created new zoning districts. The entire City was rezoned to reflect the new zoning classifications and the subject property was rezoned from B-3 Neighborhood Business to CB Community Business. The ordinance that rezoned the City stated that, "all existing master plans should be construed and interpreted to conform to the new Zoning Ordinance and Zoning Maps." What this means is that in 1995, the Kmart property was rezoned to Community Business and the future land use designation, as designated in the East Bench Master Plan, also became "Community Business". The East Bench Master Plan was adopted in 1987 and is one of the oldest master plan documents in the City. When the master plan was adopted, Kmart was operational, was a permitted use, and complied with the "Neighborhood Business" future land use classification. In 1995, the future land use designation was changed PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 due to the city-wide zoning amendment; however, there was no other amendment to the master plan tha"""""'tes that a big box retail use, such as Kmart, is no longer appropriate at this site. One opinion is that the zonitztrand future land use map amendment shows that a big box retailer is no longer desired at this location because the CB zoning regulations limit building footprint sizes to 15,000 square feet. Another opinion is that the amendment to the future land use map did not forbid big box retail stores at this site because in the CB district, larger buildings are allowed as a conditional use as long as impacts of the use are mitigated. It is difficult to pull statements from the East Bench Master Plan either in favor of, or against the proposed rezone due to the points made above. A community master plan should be reviewed to ensure that the plan reflects the goals and needs of the community. This master plan is approximately 23 years old and may not reflect current community goals. Staff has conducted a high level study to determine if there is sufficient retail to support the East Bench residents and found that there is a need for additional retail businesses (see summary of capture/leakage analysis in the Findings section of this report). This study was done at a high level only for the purpose of this amendment proposal and did not address other community needs, such as the potential need for additional residential land uses. In order to further address these needs, the City would need to conduct a holistic review and update (if needed) of the East Bench Master Plan. Zoning Amendment Discussion The subject property is currently zoned CB Community Business. The following is the purpose statement of the CB zoning district: The CB Community Business district is intended to provide for the close integration of moderateed commercial areas with adjacent residential neighborhoods. The design guidelines are intenete to facilitate retail that is pedestrian in its orientation and scale, while also acknowledging the importance of transit and automobile access to the site. The applicant is requesting a zoning map amendment to change the zoning of the property from CB to CS Community Shopping. The following is the purpose statement of the CS zoning district: The purpose of the CS Community Shopping district is to provide an environment for efficient and attractive shopping center development at a community level scale. The CB and CS zoning districts allow many of the same land uses; however, it is essentially the scale, or size of the buildings that house the uses, that are different between the zones. For example, both zoning districts allow mixed-use developments, multi-family dwellings, retail, and restaurants with or without drive-through facilities. The CS zoning district; however, allows additional land uses that require larger land area and larger buildings, such as commercial recreation centers, amusement parks, motion picture studios and big box retail centers. A comparison table showing the uses allowed in both zoning districts is attached (see Attachment B). The issue of scale can also be seen when comparing the lot and building size regulations between the two zoning districts. In the CB zone there is no minimum lot area and any new proposed lot that exceeds four acres is allowed only as a conditional use. In the CS zone, all new lots must be at least 60,000 square feet (approximately 1.4 acres), excluding shopping center pad sites, and there is no maximum lot size. The CB zoning district limits building sizes to 15,000 square feet for the first floor and 20,000 square feet totor area, but does allow larger buildings through the Conditional Use process. In the CS zoning district, there rg'no maximum building size limitation. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 8 The two zoning districts also differ in their approach on requiring certain design elements. In the CB zone, there are specific regulations related to maximum front yard setback (requiring buildings to be located close to the sidewalk/street), minimum first floor glass and other facade treatments, and parking lot lighting. In the CS zone, there are no specific standards stated in the regulations; however, all new development and additions to existing buildings that increase the floor area or parking requirement by 25% require design review through the Planned Development process. The CB and CS zoning district standards are included with this report at Attachment B. Staff identified all of the existing properties in the City that are zoned CB and CS to determine how the subject property relates to each zoning district. A map showing the location of these zoning districts is attached (Attachment F). The CS district is generally characterized by larger parcels, or a combination of smaller parcels that function as a larger parcel, with controlled driveway access that serves one large business or a combination of businesses. Properties zoned CS are generally located along arterial streets that serve as major thoroughfares. Examples of CS zoned areas include Trolley Square, Plaza 700 Shopping Center (1740 West 700 North), Brickyard Plaza, and Foothill Village. The CB zoning district is generally characterized by smaller parcels that are owned and operated independently with driveway access serving one parcel or use. The parcels are situated in a way that provides prominent street frontage and provide the opportunity to place buildings close to the front property line. Parcels located in the CB zoning district are more closely integrated with surrounding residential land uses and have direct pedestrian access by way of existing public sidewalks. CB district parcels are located along arterial and collector streets. Examples of the CB zoning district include the 2100 South/700 East commercial strip, 9th and 9th, the Highland Drive commercial strip, and most of the commercial properties along the east end of 2100 South and Parleys Way (see attached map, Attachment F). When comparing the subject property to existing properties in both the CB and CS zoning districts, the subject property has characteristics more associated with the CS zone. At approximately 10 acres, the property is comparable in size to other properties zoned CS, but much bigger than properties zoned CB. The property is located along two arterial streets that serve as major thoroughfares into and out of the City. The subject property also has limited controlled access points that could serve multiple uses on a single parcel. In addition, the property is isolated from the surrounding single-family residential neighborhoods, with the exception of the Foothill Place apartments located to the north. When looking at a map of the area, the residential neighborhoods to the east and to the south are separated by arterial streets. Classifying the site as a future pedestrian accessed development is questionable due to these street barriers and the distance between the property and a dense population base. In reality, even if the property were developed in a walkable village configuration, it would still be predominantly accessed by the automobile until a major public transportation investment is made in the area. Alternatives, Analysis, and Findings Alternatives The following are options for the Planning Commission to consider when making a recommendation to the City Council: ➢ Deny the petition o The Planning Commission can recommend denial based on a decision that the petitions are not in the best interest of the City. o If the petition is denied Walmart will be allowed to operate within the existing building on the site according to the ordinances regulating nonconforming uses and noncomplying structures and PLNPCM20I0-00556,PLNPCM2010-00557 Published Date February 4,2011 without further site review by the City. In fact, Walmart has obtained a building peiONto remodel the existing building. This building permit is still active. o If Walmart were to close in the future, a similar type of use could occupy the structure according to the nonconforming and noncomplying structure zoning regulations. If the existing building were demolished in the future, any new development would have to comply with the CB zoning district regulations. ➢ Deny the petitions until the East Bench Master Plan is updated o As stated in the Zoning Amendment Discussion of this report (pg. 7) the East Bench Community Master Plan is one of the oldest community master plans in the City. The Planning Commission could deny or table the petition until the City conducts a holistic review of the plan to determine if the plan is still meeting the goals of the community and to determine how the subject property fits in with those goals. o If the petition is denied, Walmart will be allowed to operate within the existing building on the site according to the ordinances regulating nonconforming uses and noncomplying structures and without further site review by the City. In fact, Walmart has obtained a building permit to remodel the existing building. This building permit is still active. o Through the master plan update process, the City might determine that a zoning district such as the CS zone is an appropriate zoning designation. At that time, the property owner or the City would initiate a petition to rezone the property. ➢ Approve the petitions with no conditions o The Planning Commission could recommend approval according to the standards for zoning map amendments. o If the property is zoned CS Community Shopping, all future development would be required to comply with the CS zoning district regulations (see Attachment B). In the CS district, all new construction of a principal building, uses, or additions to existing buildings that increases the floor area and/or parking requirement by 25% requires planned development approval. The Planned Development review allows the Planning Commission to oversee and require certain site design elements, but does not allow the Planning Commission to prohibit uses that are allowed in the CS zone. o If the property is rezoned to CS, Walmart will need to submit a Planned Development application to the City for the construction of a new store. ➢ Approve the petitions with the condition that Walmart and the City sign a Development Agreement o The Planning, Commission could recommend approval according to the standards for zoning map amendments with a condition that Walmart and the City sign a Development Agreement describing certain development restrictions on the property. o It is the opinion of Staff that Development Agreements associated with zoning amendments should only be required if there are impacts associated with the particular rezone area that are not generally associated with other properties in the same zoning district. o In the case of the proposed zoning amendment, Staff does not find that there are peculiar circumstances associated with the property itself The site shares the same characteristics with other properties zoned CS as discussed in the Zoning Amendment Discussion section of this PLNPCM20I0-00556,PLNPCM2010-00557 Published Date: February 4,2011 1n report(see pages 8-9). However, the property is located within the East Bench Master Plan community and, as stated above, the master plan needs to be reviewed and updated. For this reason, Staff promotes the use of a Development Agreement to restrict the development activity on the site until the City has the resources to update the master plan. Through the Master Plan update process, the City may find that the CS zoning district is appropriate. At that time, the City should re-evaluate the Development Agreement. If the City finds that the property should be zoned differently, the City should rezone the property to the appropriate zoning district. In that case, Walmart may become a nonconforming use, which is the same situation that applies today. o The following are stipulations that the Planning Commission might consider including in the Development Agreement: • Building development on the site is limited to one structure no greater than 95,000 square feet. No other development on the site, including accessory structures, is permitted with the exception of structures used to screen refuse containers or structures related to any future transit facilities. • No outdoor storage is allowed. All merchandise must be stored within the principal structure. ■ Development of the site must include a public pedestrian pathway that connects Foothill Drive to Parleys Way. Except in areas where the pathway crosses vehicular driveways, the pedestrian pathway must be located within its own corridor. In other words, the pathway must be physically separated from the parking lot through the use of curbing, landscaping, or other means. Where the pathway crosses a vehicular driveway, the pathway must be delineated through the use of surface materials that differ from the driveway surface materials. The pedestrian pathway must be maintained for public use. • Parking lot lighting is limited to 16 feet in height. Parking lot and building lighting must be shielded to minimize light encroachment beyond the property line. o Some members of the community have expressed concern that Development Agreements are difficult to track and the City has not adequately enforced previous agreements. It was difficult for the City to track older Development Agreements because they were not easily accessible for plan reviewers. The City now has a permit tracking program (Accela) where documents, such as Development Agreements, can be posted by property address. When an applicant applies for a building permit or planning review application, these documents are immediately uploaded showing the specific conditions related to the property. Findings Master Plan Amendment There are no specific standards in the Salt Lake City Zoning Ordinance for Master Plan Amendments. State Law, Section 10-9a-204, Notice of Public Hearings and Public Meetings to Consider General Plan or Modifications, outlines the criteria for amending a master plan relating to noticing requirements. A notice for the Master Plan amendment was published in the Salt Lake Tribune on January 29, 2011. As stated in the Master Plan Discussion section of this report (pg. 7), the East Bench Master plan is one of the oldest master plans in the City and needs to be updated. It is difficult to extract policies from the plan that directly pertain to the subject property because the City underwent a complete change in land use ordinances in 1995, but the master plan has not been updated to reflect the changes in zoning designations. With that said, the following are goals and policies taken from the adopted East Bench Master Plan that may be applicable when analyzing the proposed Future Land Use Map amendment. PLNPCM2010-005 6,PLNPCM2010-00557 Published Date: February 2011 ANN ➢ "Wholesale, warehouse and other general commercial uses are not permitted " The only comurevelal uses the plan specifies as not permitted at the time the plan was adopted are "wholesale, warehouse and general commercial uses." These are uses that generally do not provide goods directly to the consumer. These uses are not permitted in the requested CS zoning district and they are only found in higher intensity zoning districts such as General Commercial (CG) and Corridor Commercial (CC). There is nothing in the East Bench Master Plan that indicates that large retail uses are incompatible with the community. ➢ "Many residents desire additional services in their community. " The proposed Walmart would be the same use as the existing Kmart and generally provide the same retail goods and services. The nearest general merchandise type of store is the Smith's Marketplace at 3300 South and I-215. That store is within two miles of the subject property but is outside of Salt Lake City. There is a Walmart Supercenter at 300 West and 1300 South and a Super Target in the same area. The two closest grocery stores in Salt Lake City are Dan's at Foothill Village (approximately two miles away) and Albertson's at 2300 East and Parleys Way (approximately one mile way). Many of the public comments in support of the petitions state that retail shopping choices are limited in the East Bench neighborhood and that East Bench residents have to travel to the other side of the City, or outside of the City, to shop. Some of the comments from those that are opposed to the petitions state that their needs are already met by the existing businesses in the community, and those that would like to shop at a big box retailer can travel to 300 West. One way to attempt to measure whether or not retail services are being met within the communit"mo1,to conduct a capture/leakage analysis. This type of analysis compares the sales in a particular target atitiok to potential sales in that area. The potential sales are calculated by determining the per capita sales in a larger comparison area, multiplying that by the population of the subject target area to determine the potential sales, and then adjusting the potential sales for a difference in the trade area and larger area income. The final result of the analysis attempts to determine if money is being spent within the target area (capture) or if money is being spent outside of the target area (leakage). There are many assumptions that need to be made in conducting the analysis and it is not an exact science, but it is one tool that can be used to determine if residents might be traveling outside of their community to obtain desired goods. In conducting the study, Staff obtained the sales numbers for Salt Lake County and three separate target areas for the following retail sectors: building and garden; general merchandise; food stores; apparel and accessories; furniture; and miscellaneous (single item type retailers). The sales numbers were obtained from the Utah State Tax Commission and are available by zip code. In order to conduct the analysis, Staff had to use population and income data also at the zip code level. This created somewhat of a problem since the master plan area boundaries do not follow zip code boundaries (see map, Attachment G). Most of the East Bench Master Plan area is located in the 84108 zip code area; however, much of Parleys Way (including the subject property) is not. In order to evaluate the East Bench Master Plan area, as well as the surrounding east neighborhoods, Staff conducted the analysis on three target areas. These areas are defined by the following zip codes: G 84108 ommak • 84108, 84112, 84113, 84102, 84105, 84106 ' 84108, 84112, 84113, 84102, 84105, 84106, 84109 PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 1') The results of the analysis are shown in the spreadsheet attached in Attachment G. The analysis shows that in the 84108 zip code area, potential sales greatly exceed the actual sales, with the exception of the food store sector. This is not a surprise considering the East Bench Master Plan states that less than 2% of the land acreage in the community is occupied by business uses. As the study area expands in size, the analysis still shows that additional retail services could be needed in the area, with the exception of food stores. It is important to note that additional retail services can be provided on the subject property in both the existing CB district and proposed CS district. Both zoning districts allow retail uses. ➢ "Redevelopment or at least renovation of some business properties... is quite likely and is considered the most desirable approach to meetingfuture business needs... " Walmart's request is to redevelop the existing commercial property and no housing will be demolished for commercial use. They do have the option of renovating the property without a zoning change. ➢ "Major zoning changes... are neither anticipated nor encouraged. Changes involving expansion of existing business sites in response to documented needs should be reviewed cautiously and approved sparingly. " The context for the term "major" appears to reference the physical expansion of an existing commercial property that would require the acquisition and rezoning of another parcel, or the conversion of residential uses to non-residential uses. Although the subject property size is not increasing, the proposed amendment could be considered an expansion because the proposed land use classification allows more intense uses. However, when the master plan was adopted in 1987, the existing use and the proposed use were allowed, so it is difficult to determine whether or not the proposed amendment would be considered a major zoning change as described in the master plan. ➢ "The city should not approve any zoning change that will result in the removal of homes. The community is so completely developed that a change of zoning in most areas would negatively impact surrounding residential properties. " No homes would be removed as a result of this master plan amendment or zoning map amendment. Citizens have raised concerns about the impact of the new development on the surrounding neighborhoods. Although the zoning change could allow a new use on the site, the applicant's proposal is to have the current use continue in a new building. Therefore, the use is still the same. Over the years, the patronage of the Kmart at this site has declined and it is anticipated that the Wal-Mart will attract more customers. The change in the future land use designation would not change the character or use of the site, but it may increase traffic to the site; however, this could be the case for any successful development regardless of the future land use designation. • "More efficient use of existing business properties is the preferred approach to meet future business needs. " A mixed use development on this site would be a more efficient use of the land than a single- building, single-tenant retailer. However, changing the future land use map land use designation for the subject property does not prevent this site from being developed more efficiently. In fact, the CS zoning district allows mixed-use developments and provides more flexibility because new construction requires planned development approval. This gives the Planning Commission flexibility in applying city goals and conditioning project approYals. The CB zoning district limits buildings to 15,000 square feet on one floor and 20,000 feet total. On a 10.56 acre site with one street frontage that is more or less oriented to a freeway off-ramp, it would be difficult to comply with the CB zoning district purpose statement and regulations. More than likely, a developer would need to request relief from the CB regulations or a change in zoning to develop a mixed-use development on the site. ➢ "A gateway center should be located near the entrance to the city... " An information center and rest stop for visitors to Salt Lake City would be a valuable service and an asset to the city. However, as the PLNPCM2010-00556,PLNPCM2010-0055 i Puh' l,P,i n-,,p /ni i master plan indicates, the views of the valley from this location are not as good as the oth'' vo potential sites for gateway centers and there are some concerns with access. The master plan noteiat this is the least attractive option of the three provided and that it would require some land acquisition on the part of the city. Specifically, it stated that "the Parleys Way site should be considered only if the other sites prove unworkable." It is staffs opinion that the proposed master plan amendment does not substantially contradict any of the other policies, goals or strategies of the East Bench Master Plan and that modifying the master plan would not substantially impact the integrity of either the community or the master plan. Zoning Map Amendment Section 21A.50.050 - A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one standard. However, in making its decision concerning a proposed amendment, the city council should consider the following factors: 1. Whether the proposed amendment is consistent with the purposes, goals, objectives, and policies of the City as stated through its various adopted planning documents; • Discussion: The following policy documents were considered in evaluating this request: the Salt Lake City Vision and Strategic Plan (1993), the Salt Lake City Transportation Master Plan (1996), and the East Bench Master Plan (1987). ' mok Salt Lake City Transportation Master Plan The Salt Lake City Transportation Master Plan, adopted in 1996, defines arterial routes as streets provided "for through traffic movement over,long distances... with some access to abutting property." Furthermore, "these streets are typically the widest and have the highest speed limits of all the streets within the city." Foothill Drive is listed as an example in the master plan. Parleys Way is an arterial as well. One of the directions listed in the plan for arterials is "to encourage commuter traffic to use arterial streets rather than local and collector streets" by maintaining the arterials' carrying capacity. Salt Lake City Vision and Strategic Plan The Salt Lake City Vision and Strategic Plan, adopted in 1993, states a goal of facilitating "development of complimentary retail shopping opportunities in city neighborhoods and commercial areas of the city." This goal's action step is to "work with developers to ensure additional retail shopping opportunities within the City," and the progress indicators are the "amount of new retail space annually" and the "new tax dollars generated annually." East Bench Master Plan The requested zoning map amendment is not consistent with the Future Land Use Map of the East Bench Master Plan, which is the applicable master plan document for the subject property. However, the applicant has requested an amendment to the Future Land Use Map in addition to the zoning map amendment. Planning staff has recommended approval of the master plan amendment because there is no substantial evidence that the modification would contradict with any of the other policies, goals or strategies ft."'041 in its "Non-residential Land Use" section. The East Bench Master Plan, however, has specific crit e t in Appendix I for zoning changes. The applicant's request should be evaluated against these guidelines: PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 1/ > Proponents must demonstrate that any zoning change is clearly justified by the substantive provisions of this master plan. The zoning change requested does not introduce a new use to the neighborhood, as Krnart has been there for 40 years. Further, the subject property, as a single parcel of land, can be redeveloped into a more efficient use more easily under the CS zoning designation because of the property's size and location. Staff has found that the zoning change meets the general goals of the "Business/Commercial Uses" subsection of the master plan (see Master Plan Amendment Discussion above). > There must be a demonstrated need for the new business proposal and documented community support. Property owners must address the issue of business need in the whole city perspective and why the proposed site is the best location with regard to the best interest of the community and city. There has been a difference of opinion regarding the need of a supercenter in this location. On one hand, some residents believe that all of their shopping needs can be handled by the existing shops in the East Bench neighborhood and some believe that there are enough Wal-Mart stores (and other similar uses) within a convenient distance. On the other hand, many of the public comments received in support of haying a big box retailer in the East Bench Community said so because it would provide more choices for retail in the neighborhood. The nearest single tenant general merchandise stores are Shopko located on 1300 East (approximately 2.5 miles from the subject property) and Smith's Marketplace on 3300 South (approximately 1.75 miles from the subject property). It should be noted that Smith's Marketplace is located outside of the City, so the City does not receive the same tax benefit from that store than it would if the store was located in the City. One additional note regarding the demonstrated need is that both the existing zoning (CB) and the proposed zoning (CS) allow retail uses, so the retail needs of the community could potentially be met under both zoning designations. The applicant has indicated that this site was chosen because of the size of the parcel and the fact that they believe the East Bench is underserved by larger commercial retailers. The application states that rezoning the property to CS will allow the construction of a new, smaller, and energy-efficient building. Community support for this proposal is mixed. As shown in the Public Comment section of this report, there is a lot of support to allow Walmart to build a new store, but most of these comments are not directed towards the zoning amendment specifically. What this may show, however, is that those that support a Walmart at this location support the CS zoning district because of the types of uses it allows. These individuals would prefer to have a big box retail option close to their homes and the CS district allows such uses. Some individuals who are opposed to the project claim that the supporters have been misled by Walmart representatives who have told them that the only way that Walmart can build an efficient structure is to rezone the property. It is not clear what constitutes "documented community support" as stated in the master plan and whether or not it needs to be a majority of the members of the community. In the case of the current proposal and the comments received, those in support and those opposed are near equal in numbers. > Property must be on a street that can handle the additional traffic. The subject property can be accessed by both Parleys Way and Foothill Drive, both classified as arterial streets. Wal-Mart submitted two traffic impact reports prepared by A-Trans Engineering. One study was submitted with the first petition to rezone the property and analyzed the traffic anticipated with a store approximately 120,000 square feet in size. A separate study was submitted as part of the current petition and addresses the traffic impact anticipated for a 92,000 square foot store. Both reports were reviewed by the Salt Lake City Transportation Division. PLNPCM2010-00556.PLNPCM2010-00557 rn,i,ii,i,..,a n.,,P coti.,,....,A ^,n, The consultant used Level of Service (LOS) to measure the congestion at analyzed interseevens. Ratings are on a scale from LOS A to LOS F. An LOS A indicates free flowing traffic at or above the posted speed while an LOS F indicates a "forced or breakdown flow." The consultant used only the signalized access point on Parleys Way at Wilshire Drive as an ingress/egress point because they anticipate that, due to the current high level of traffic on Foothill Drive, most of the site generated traffic will use this access point. In the initial traffic study, Parleys/Wilshire intersection was projected to operate at LOS B in the a.m. peak and LOS C in the p.m. peak in the year 2030. The conclusion was that Parleys Way has sufficient capacity to accommodate the projected increase in traffic and that the development would have "virtually no impact on the access and signal along Foothill as current congestion allows little capacity for traffic to utilize Foothill." The supplemental report submitted with the current petition essentially states that the proposed building is smaller than what was originally proposed; therefore, the traffic impacts will be less. It should also be noted that Staff has received comments in opposition to the proposed rezone and have cited traffic concerns as a major issue. Specifically, that Foothill Drive is at maximum capacity and traffic generated from Walmart will make it worse. Also, Walmart's circulation plan shows delivery trucks entering the site from Parleys Way and existing onto Foothill from Stringhaln (located at the northeast corner of the site). This intersection is not signalized and some believe that this will create a dangerous situation due to the high volume of traffic on Foothill. > The site must be large enoug i for adequ ate open space and parkin without overcrowding the lot. The subject property is 10.56 acres and is large enough to accommodate more green spand parking than what is required for a retail store of 92,000 square feet. The existing site has vihwielly no green space and the parking lot is in poor shape. If the property is rezoned as requested, the parking lot landscaping requirements must be met for new development and the Planning Commission will have the opportunity to require additional green space as part of the planned development process if they so choose. > Business projects must be of a density, scale and design that will not negatively impact neighboring residential properties. The closest residential property to the subject property is the Foothill Place apartments located to the north. A single-family residential neighborhood begins approximately 550 feet to the northwest and the Country Club single-family residential neighborhood is located directly across Parleys Way to the south and southwest. There is also a residential condominium development located to the west of the site. The residential area that would be most affected by the proposed development would be the southernmost units of the Foothill Place Apartments. Due to the proximity of the apartment units to the proposed structure, the residents could be impacted by noise from delivery trucks, noise from mechanical equipment and/or lighting in the parking lot or on the building. The lighting impacts could be mitigated by requiring that lights are shielded to contain and direct light and glare to the property only. Mature landscaping, such as large trees and shrubs, would also aid in shielding the lights and would also provide a sound buffer to help mitigate noise impacts from truck delivery and mechanical equipment. If the property is zoned to CS, future development would have to include a 15 foot landscape buffer along the property line that abuts any residential zoning district.41"44his case, the 15 foot landscape buffer would have to be provided along the property line abutti-. the Foothill Place apartments. Within the landscape buffer, shade trees must be planted every 25 feet, as well as shrubs at least 2 rows deep. PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 The residential condominium project to the {; r . T ;; west could also be impacted by the �� - %' Z ' development. The applicant's preliminary .�.� �;; �� � �„�� ,�-� development plan shows delivery trucks ,'` ,v-.. •1, 3: _ . . '""" A F --4,, •fi Residential Condor �"- accessing the site from the private roadway ,rr s directly east of the condominiums. The i 4 1Z 1 4 t ;• increase in truck traffic on this roadway - tt.;�". '` '- ' - could create a noise impact for the residents - ^y, ` " '" 1.'4'R., i ,Sobject Vrop.rty , • of the condos; however, staff does not .- -'' , - rl _: believe that this issue is isolated to they '.ti'"�`•s, .Y ', ' ,�t"< proposed project. Staff believes that any �Z_ '. - -„, - . ',,.,� ill -- _- ' successful retail project on the site could •" "`r'4� , , i 4� % :. create this impact regardless of the zoning. _ .,t ,v�, 4� , . There may be an additional impact to these `' !!! F • 1i . `Y, : . "- .�-1 residents that is related to the truck loading dock located at the northwest corner of the proposed building, as shown on the preliminary development plan. The truck dock is oriented in such a way that the headlights from the trucks parked at the loading dock would shine directly into the residential units located on the east side of the condo building. This issue could be remedied by relocating the loading dock. The Country Club residential area to the south and southwest could potentially be affected by an increase in traffic along Parleys Way and parking lot lighting. Although, there would be an increase in traffic on Parleys, the submitted traffic impact study shows that the street can carry the additional traffic. The parking lot lighting issue can be mitigated by limiting the allowable height of light fixtures and requiring the fixtures to be shielded in a manner that directs the light downward. It is important to note that if the zoning amendment is approved by the City Council, the applicants will be required to submit an application for planned development approval. This would allow the Planning Commission to oversee the final design of the project and require additional measures to reduce impacts on adjacent properties. > Multiple family units should not develop in areas with strong low density character... There is no residential component to this request. This standard does not apply. > Zoning should not be changed to accommodate new business unless it is adjacent to an existing business. The property in question is already commercial and is bordered by other commercial properties and businesses to the east and northwest. • "Spot or strip" zoninR- to accommodate new businesses is strongly discouraged. Salt Lake City's Zoning Ordinance defines spot zoning as "the process of singling out a small parcel of land for a use classification materially different and inconsistent with the surrounding area and the adopted city master plan, for the sole benefit of the owner of that property and to the detriment of the rights of other property owners." In this case, the subject property at 10 acres in size is not a "small parcel of land". The property already has a commercial designation and is bordered by commercial and office properties to the east and northwest. The CB and CS districts are both commercial districts. The CB zoning district's purpose is to integrate moderately-sized retail uses with neighboring residential while the CS zoning district is intended to service community commercial needs. Staff is of the PLNPCM2010-00556,PLNPCM2010-00557 4.1"1 opinion that the CB and CS zoning districts, while having different purposes and regulations, of materially different in that they are not designed to serve materially different uses. Both allow1 'tail uses and both prohibit general commercial uses or manufacturing uses. Furthermore, there is no clear zoning pattern on a. larger scale with which the CS designation would be inconsistent. Within a quarter-mile of the subject property, there are properties zoned for commercial, institutional, multi- family residential, single family residential, residential office, and open space uses. Accordingly, one mile north on Foothill Drive, there is a similarly-sized property zoned CS (Foothill Village) surrounded by the same pattern of zoning designations. ➢ New businesses should be designed to be a logical extension of adjacent businesses, maintaining complimentary building design and landscaping motifs. The property as it is currently developed is not a logical extension of any of the surrounding properties. The building is a typical 1960s commercial structure and there is no landscaping. It is important to note that these problems can be remedied without a zoning map amendment, as there is nothing in the Zoning Ordinance prohibiting Wal-Mart from improving the site upon occupation. That being said, there is nothing that requires or encourages them to do so either. There are limits to how much of the existing building they can tear down based on regulations for nonconforming uses and noncomplying structures and that may impact what they can do to improve the building's overall design. The proposal Wal-Mart has submitted includes, along with a new building, landscaping and architecture that would reduce the visual impact of the structure and will be compatible with the neighboring office buildings. In summary, it is the opinion of Staff that the requested zoning amendment generally meets the criteria for zoning amendments as stated in the East Bench Master Plan; however, the following are areas of conch ➢ Demonstrated need: There is a need for more retail within the East Bench community; however, this could be accommodated in either the CB or CS zone. Also, Walmart can operate a general merchandise use on the property without a rezoning according the nonconforming and noncomplying regulations of the Zoning Ordinance. • Documented Community Support: Staff has received documented community support; however, it is not an overwhelming majority. ➢ Traffic: The submitted traffic impact study shows that Parleys Way can carry the anticipated increase in vehicles; however, Foothill is already at capacity during peak hours. It is important to note that this issue could be relevant to any successful development on the site, regardless of the zoning. ➢ Negative impacts on neighboring residential: As stated above, there are potential negative impacts; however, these can be mitigated through proper site design. The East Bench Master Plan does not indicate that every provision must be met, but that they must be considered. Staff believes it can recommend approval based on the fact that it generally meets the criteria in the master plan and impacts can be mitigated through proper site design. It should also be noted that, as stated previously in this report, the East Bench Master Plan needs to be reviewed and, if necessary, updated. Although the requested amendment generally meets the policies of the adopted Master Plan, this may or may not reflect the current goals and needs of the community. Staff is of the opinion that a Development Agreement should be signed by the City and the applicant that r' ,cts development on the site to what is currently proposed until the Master Plan is updated. Through the MMdster Plan update process, the City may find that the subject property should continue to be zoned CS. At that time, the City should re-evaluate the Development Agreement. If the City finds that the property should be PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 zoned differently, the City should rezone the property to the appropriate zoning district. In that case, Walmart may become a nonconforming use. This is the same situation that applies today; however, the site would be developed according the requirements of a planned development approval. Finding: Staff finds that the request to rezone 2705 E. Parleys Way from CB to CS is consistent with the purposes, goals, objective, and policies of the adopted general plan of Salt Lake City, with certain exceptions as noted above. 2. Whether the proposed map amendment furthers the specific purpose statements of the Zoning Ordinance; Discussion: There are three purpose statements that are applicable to this zoning amendment petition; the Purpose and Intent of the Zoning Ordinance (Section 21A.02.030, SLC Zoning Ordinance), the purpose statement of the existing CB zoning district (Section 21A.26.030A, SLC Zoning Ordinance), and the purpose statement of the proposed CS zoning district (Section 21A.26.040A, SLC Zoning Ordinance). The following is the purpose and intent of the Zoning Ordinance: The purpose of this title is to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Salt Lake City, to implement the adopted plans of the city, and to carry out the purposes of the municipal land use development and management act, title 10, chapter 9, of the Utah Code Annotated or its successor, and other relevant statutes. This title is, in addition, intended to: A. Lessen congestion in the streets or roads; B. Secure safety from fire and other dangers; C. Provide adequate light and air; D. Classy land uses and distribute land development and utilization; E. Protect the tax base; F. Secure economy in governmental expenditures; G. Foster the city's industrial, business and residential development; and H. Protect the environment. When reviewing the proposed amendment in relation to the above listed items, it is important to note that the Planning Commission is reviewing a change in zoning from CB to CS, not the specific development proposal. The CB and CS districts are both commercial zoning, districts and allow similar uses. The main difference is that the CS district allows uses that require larger land area, such as big box retail uses. Both zoning districts could create additional traffic on the adjacent streets depending on the success of the development; however, the CS district does allow land uses that have more of a regional draw. Staff does not find this an issue at this particular site due to the property's proximity to two arterial streets and the freeway system. Rezoning the property to CS could enhance the City's tax base by allowing land uses that draw people from not only the immediate neighborhood, but the surrounding communities as well. Rezoning the property to CS could help foster commercial development because the CS zone is less restrictive in allowable land uses; however, some believe that the competition may hurt existing smaller local businesses. Environmental protection is generally handled through laws and regulations that pertain to all development regardless of the zoning district. The following two purpose statements pertain to the existing and proposed zoning, districts: PLNPCM2010-00556,PLNPCM2010-00557 Pnhlished natp PPhrun.y A ')ni i The CB community business district is intended to provide for the close integration of moderatel `zed commercial areas with adjacent residential neighborhoods. The design guidelines are intended to facilitate retail that is pedestrian in its orientation and scale, while also acknowledging the importance of transit and automobile access to the site. The purpose of the CS community shopping district is to provide an environment for efficient and attractive shopping center development at a community level scale. It is Staff's opinion that the location and site characteristics of the subject property make it more closely aligned with the purpose of the CS zoning district. The location of the property (adjacent to two arterial streets and the freeway system) provides an environment for shopping center development. The property is not closely integrated with the adjacent residential neighborhoods. It is bordered on two sides by arterial streets that isolate it from the single-family neighborhoods to the east and south. The property is also separated from the single-family neighborhood to the northwest by other properties. These points are further discussed in the Zoning Amendment Discussion section of this report (pages 8-9). Finding: Staff finds that the proposed amendment does not conflict with the purpose and intent of the Zoning Ordinance and the characteristics of the property are consistent with the purpose of the proposed zoning district. 3. The extent to which the proposed amendment will affect adjacent properties; "mo Discussion: The proposed amendment is to change the zoning on the property from CB to CS. The following are the differences between the two properties that may affect adjacent properties: ➢ Allowed Uses: The CB zoning district generally is characterized by uses that serve the neighborhood where the CB zoned property is located. While the CS zone allows those same uses, it also allows uses that could draw people from outside of the local community, such as retail shopping centers and commercial recreation centers (see table showing comparison of allowable uses, Attachment B). This draw could increase the amount of traffic into the area. It is the opinion of Staff that because the subject property is located along two arterial streets that already serve as major thoroughfares into and out of the City, and the property is located at the on/off ramp of two converging freeways, CS zoning is appropriate and adjacent properties would not be greatly affected. Setbacks and Landscape Buffers: Setbacks refer to the required distance that a building must be located from a property line. In some zoning districts, landscaping must be included in the setback area if the property abuts property in a residential district. This is called the required landscape buffer. The CB zoning district regulations (existing zone) were generally developed for smaller parcels and the building setbacks reflect that. The building setbacks associated with the subject property that would directly affect adjacent properties are the side yard setbacks, rear yard setback, and re ed landscape buffer. The CB zoning district requires no interior side yard setback, a ten foot reward setback, and a seven foot landscape buffer when abutting a residentially zoned property. The CS zoning district requires a 15 foot interior side yard setback, 30 foot rear yard setback, and a 15 foot PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 landscape buffer when abutting a residentially zoned property. A positive affect from rezoning the property from CB to CS is the required increase of the rear yard setback and landscape buffer. The rear yard of this property is located adjacent to the Foothill Place Apartments, which are residentially zoned. Rezoning the property to CS will require any building to be setback further from the Foothill Place apartments and will require a greater landscape buffer. ➢ Building Height: The maximum allowed building height in the CB district is 30 feet. The maximum allowed building height in the CS is 45 feet, a 15 foot increase in allowable height. This increase in allowable height could affect the view corridors as seen from adjacent properties; however, Staff used pictometry and GIS software to estimate the height of the existing office buildings to the east of the subject property. The height of the west elevations of both of these building is approximately 39 feet. In addition, the ground elevation of these buildings is higher than the subject property. Therefore, Staff is of the opinion that the increase in allowable height would not greatly affect the east view corridor. The additional height could, however, still impact the north and south view corridors. ➢ Site Design Regulations: The current CB zoning district has a number of site design standards that are specifically written into the base regulations. These include maximum front yard setbacks, parking lot setbacks, front facade treatments, and parking lot light height limits. Any use that is permitted in the CB district and that meets the base standards is allowed without further design review. The CS zone does not have these standards written in the base regulations; however, in the CS district all new construction, any new proposed use, or any construction that increases the floor area or parking requirement by 25% must obtain Planned Development approval from the Planning Commission. This allows the Planning Commission to require certain site design elements to mitigate impacts specific to the site. Finding: The proposed zoning map amendment could impact neighboring residential properties; specifically, the additional traffic generated and the obstruction of view corridors. Staff finds that there will be an impact from additional traffic generated by this proposal, but finds that the adjacent streets can carry the additional volume. Staff also finds that the east view corridor would not be impacted but the north and south view corridors could be affected. 4. Whether the proposed amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and Discussion: The subject property is in the Groundwater Source Protection Overlay District. There are no additional standards imposed by this district related to the request. Finding: Future development on the site will be required to meet the provisions of the Groundwater Source Protection Overlay District. 5. The adequacy of public facilities and services intended to serve the subject property, including but not limited to roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems,water supplies, and wastewater and refuse collection. Discussion: Applicable City departments and divisions were given the chance to review and comment on the proposed rezoning and preliminary site plans. The Public Utilities Department requested plans in the future if the request was ultimately granted, and had some site requirements for new development. No PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 immediate deficiencies were noted as part of the review process. Other than roadways, there has boo concern for the adequacy of public facilities and services intended to serve the subject propenAs previously discussed, there is concern that this proposal would increase the volume of traffic on Parleys Way and Foothill Drive. The Transportation Division has reviewed the submitted traffic impact study and found that the study followed industry standards and general transportation engineering principles. The consultant stated in the study that Parleys Way will be used as primary access to the site and Parleys can carry the additional traffic and still operate at Level of Service A. Foothill Drive provides additional access to the site, but is already operating above capacity at peak times. The study states that, due to the current traffic levels on Foothill Drive, motorists will use the Parleys Way access point. The Foothill Drive Corridor Study Final Report includes recommendations for improvements, including commuter bus service, peak bus or bus/HOV lanes with transit signal priority, and replacement of the turn lane with a median in some areas. These near- and mid-term improvements address the "bigger picture" problem with congestion on Foothill Drive and are projected to improve the levels of service on Foothill Drive. Finding: Staff finds that the current public facilities and services intended to serve the subject property are adequate, and any necessary modifications and changes to facilities will be identified upon application for building permits. Amok PLNPCM20I0-00556.PLNPCM2010-00557 Published Date: February 4,2011 ( t h r eC AI 20/0-04 r OFFICE USE ONLY 4 Petition No.: p �7 //,' L O 2O F7 v,A .,.f i'. Date Received: t1174, r a .a 'x` Master Plan Amendment Reviewed By: r Address of Subject Property: 2705 E.Parleys Way, Salt Lake City Project Name: Walmart Parleys Way Name of Applicant: Phone: t Ballard Spahr LLP,Cristina Coronado on behalf of Walmart Stores,Inc. 801-531-3038 L • G £ ' ',_ Address of Applicant: 201 S.Main St.,Ste 800,Salt Lake City,UT 84111 `' ) E-mail Address of Applicant: Fax: ! •' coronadoc@,ballardspahr.com 801-531-3001 �'' Applicant's Interest in Subject Property: ' ' Agent • Name of Property Owner: Phone: Wal-Mart Real Estate Business Trust i, E-mail Address of Property Owner: CeIVFax: r--- ' Please contact Applicant Please include with the application: -,� . 1. A statement declaring the purpose for the amendment and the exact language. Include proposed „7 boundaries,master plan area,and/or zoning district changes. Please see attached. k -- • ) 2. Declare why the present master plan requires amending. Please see attached. t'' ,---; ', i 3. A copyof the Sidwell Map(s)that cover for the subject area and list of affected properties r ,� �, Pt ) j P P Sidwell Numbers. Please see attached. i - i ,,�; -' 4. If applicable,a signed and notarized statement of consent from property owner authorizing applicant to act gent. Please see attached. E `f ,_ 5. Filing fe f$830.55,plus$110. 7 or each acre over one acre and the cost of offirst class postage ::.l;Y�J for each prop feet is due at time of application. Attached is the check for filing fee €7i`.. � of$1,937.95($830.55+$110.74 x 10)(Subject Property is approximately 10.42 acres). Also attached �,t j,' r is the check for postage. . ( '-' Notice: Additional information may be required by the project planner to ensure adequate information is provided for staff analysis. - ~:' Anyinformation submitted aspart of the application maybe copied and madepublic includingprofessional z. t�.i'�.`��r PP P ;e=�=. architectural or engineering drawings which will be made available to decision makers,public and any r` interested party. [ County tax parcel("Sidwell")maps and names of File the complete application at: - ..;,.;/ property owners are available at: Salt Lake City Buzz Center Salt Lake County Recorder PO Box 145471 E l 2001 South State Street,Room N1600 451 South State Street,Room 215 '?`; t. �.<z' Salt Lake City,UT 84190-1051 Salt Lake City,UT 84114 • Telephone: (801)468-3391 (801)535-7700 .1,4-, -....'0-:-.3....,:v. - 0,41,tivisk.426 r . et, Spy t.L,t V Signature of Property Owner: '' Or authorized agent z"IAA Attachments to Master Plan Amendment Application: .g 1. Statement with answers to questions 1 and 2. Amok o- ,rt. 4- . �* -- 2. Copy of Sidwell Maps and list of affected properties Sidwell Numbers. �; .. v 3. Signed and acknowledged statement of Property Owner's consent authorizing Applicant to act as agent. 4. Check for Master Plan Amendment filing fee and check for postage. DMWEST#7735058 v3 Answers to Master Plan Amendment Application Questions 1&2(Use an Additional Sheet if Necessary): The Subject Property is shown on the attached Salt Lake County Sidwell Map. The Property Owner proposes to demolish the existing,42-year-old building and garden center on the Subject Property(113,227 square foot building plus 6,940 square foot outdoor sales area for a total sales area of 120,167)and replace it with a new,energy-efficient 91,750 square foot building(which is approximately 28,417 square feet smaller than the existing sales area). In order to do this, the current zoning of the Subject Property must be changed from Community Business (CB)to Community Shopping (CS). The Applicant requests that this Master Plan Amendment be considered in connection with the Zoning Amendment Application,which is being submitted concurrent with this Master Plan Amendment Application. In connection with such a zone change,Salt Lake City requires a corresponding change in the future land use map included in the East Bench Master Plan. The future land use map included in the East Bench Master Plan designates the Subject Property and other retail properties, like Foothill Village (which is zoned Community Shopping (CS)), as "Neighborhood Business." `Neighborhood Business"is the only land use designation for retail uses in the East Bench. This land use designation appears to be consistent with the Property Owner's proposal. However,in 1995,Salt Lake City adopted Ordinance No. 26 that effectively replaces the future land use map in the master plans with the zoning maps adopted by the city from time to time. Therefore, the Property Owner's request to rezone the property to Community Shopping(CS)effectively means that the Property Owner is requesting a change in the future land use map of the East Bench Master Plan to a designation equivalent to the Community Shopping(CS)zone. This request for a Master Plan Amendment does not require any changes to the text of the East Bench Master Plan. Property Owner's proposed zone change and the corresponding Master Plan Amendment are consistent with the text of the East Bench Master Plan as follows: • When the East Bench Master Plan was adopted in 1987,the Subject Property was zoned B-3,which allowed general retail uses, including the former Big Kmart, at the Subject Property. The East Bench Master Plan encourages the redevelopment of existing businesses in these formerly B-3 zoned areas to accommodate the East Bench residents'desire for additional services in the community. Property Owner's proposal to rezone the Subject Property is consistent with this East Bench Master Plan goal because the proposal will allow the redevelopment of a vacant commercial site in what was the B-3 zone,and a new retail store will provide East Bench residents with additional products and services. • The East Bench Master Plan discourages rezoning residential property to commercial and discourages the expansion of existing commercial properties into residential areas. Property Owner's proposal to rezone the Subject Property is consistent with this East Bench Master Plan goal because no residential property will be rezoned nor will any existing commercial areas expand. The Subject Property has been used for commercial development for at least 42 years. • The East Bench Master Plan states that since the East Bench is basically developed, there are not as many opportunities for energy conservation as in areas where there is more significant development potential. The East Bench Master Plan still encourages the city to(i)advertise and support energy conservation techniques such as car-pooling, home insulation, and site design, (ii) help remove barriers to wise energy use by proposing bicycle paths and modifying building regulations that unnecessarily constrain solar energy or earth structures, and (iii) work with residents interested in constructing greenhouses, solar panels, and other energy-efficient systems(particularly when remodeling existing dwellings that are already built to minimum site specifications). Property Owner's proposal to rezone the Subject Property is consistent with these East Bench Master Plan goals because the proposal would allow the redevelopment of the site and building to implement progressive energy-efficient design,construction materials,and technology. • The East Bench Master Plan states that the most important element of a pedestrian circulation system is good sidewalks on each street with controlled crosswalks at busy intersections. Property Owner's proposal to rezone the Subject Property is consistent with this East Bench Master Plan goal because the proposal would allow the redevelopment of the site to add improved pedestrian walkways that will better integrate the Subject Property with the adjoining high-density apartments, retail shops, restaurants, and offices and better connect the Subject Property to public transit and trails. DMWEST#7735058 v3 2 Zoningrs Amendment OFFICE USE ONLY ''�`Z . "y Petition No.: v,�� A`T,, Date Received: 1�27/2,Die - 3,->d rs'i _:11.:'. - ❑Amend the text of the ZoningOrdinance byamendingSection: Reviewed B - , - Y 'Marv, n d1=."T,".''(�'n7? ®Amend the Zoning Map by reclassifying the above property from $ � � �..,C'I- L, a zone to a zone.(attach map or legal description) '...,..,...., , s„a -k Address of Subject Property: 2705 E.Parleys Way,Salt Lake City - Name of Applicant: Phone: -___ _- Ballard Spahr LLP,Cristina Coronado on behalf of Walmart Stores,Inc. 801-531-3038 Address of Applicant: 201 S.Main St.,Ste 800,Salt Lake City,UT 84111 E-mail Address of Applicant: Fax: coronadoc@ballardspahr.com 801-531-3001 Applicant's Interest in Subject Property: 3 - Agent • - Name of Property Owner: Phone: t ,. Wal-Mart Real Estate Business Trust r71-t" -1E-mail Address of Property Owner: CelUFax: :- Please contact Applicant County Tax("Sidwell#"): Zoning: 1 11 16-23-152-004 Community Business(CB) fr 41 Legal Description(if different than tax parcel number): rr - E3 �Y = See attached .o a Existing Property Use: Proposed Property Use: Superstore/Hypermarket Superstore/Hypermarket ASIIIIIk - Please include with the application: i—z=... - _ 1. A statement of the text amendment or map amendment describing the purpose for the amendment and the r- z =- exact language,boundaries and zoning district. See attached. -'_ _�5 2. A complete description of the proposed use of the property where appropriate. See attached. .1 3. Reasons why the present zoning may not be appropriate for the area. See attached. - : 4. The cost of first class postage for each address within 450 feet is d e at time of application. Please do not provide postage stamps. (J t) /� = 5. Legal description of the property. See attached. II = 6. Six(6)copies of site plans drawn to scale and one(1)11 x 17 inch reduced copy of each plan and elevation 73 drawing. See attached. ='- =_ a 7. If applicable,a signed,notarized statement of consent from property owner authorizing applicant to act as aE. agent. See attached. s-_ `. _= 8. Filing fee of$885.92,plus$110.74 for each acre over one acre and the cost of first class postage is due at ff 7 41 r- time of application. Attached is the check for the filing fee of$1,993.32($885.92+$110.74 x 10)(Subject r" r_ Property is approximately 10.42 acres). Also attached is the check for the postage. 65 -._}sm- Notice: Additional information may be required by the project planner to ensure adequate information is provided for staff analysis. All -'4 =-° information submitted as part of the application may be copied and made public including professional architectural or -= engineering drawings which will be made available to decision makers,public and any interested party. - itt ;-- -= `,:- File the complete application at Salt e City Buzz ter,PO Box 145471,451 South State Street,Room 215,(801)535-7700 g 3n4 a """"SP �' 8/27//o - - = Signature of Owner or Agent: Date: -..' - Attachments to Zoning Amendment Application: h_. 1. Statement with answers to questions 1,2 and 3. "'-'"-` 2 Aerial photo showing the Subject Property. =▪ ' - 3. Legal description of Subject Property. s,' __l• 4. Signed and acknowledged statement of Property Owner's consent authorizing Applicant to act as agent. " - 5. Check for Zoning Amendment filing fee and check for postage. M -^=• 6. Pictures of existing building. 17. Site plan of existing building. . 8. Restrictions and Declaration of Easements that governs Subject Property and adjoining properties e ' 9. Warranty Deed from Woodbury-Morris Co.to Salt Lake East Property granting easement over private road off Parleys _,� y �i�9c�"n_ Way across from Maywood Drive that will be used by delivery trucks to access the new building. _ - 10.Traffic analysis for new building and possible pad site prepared by A-Trans Engineering. �„> -�-�,�-;�,,, 11.Six copies of full-sized site plan for new building and site improvements along with six ]1 x 17 copies;six copies of ".-EV'911.e-„ca�•frg7v =�= = 11x17 color site plan. DMWEST#7735057 v3 Answers to Zoning Amendment Application Questions 1,2&3(Use an Additional Sheet if Necessary): The Subject Property is shown on the attached Salt Lake County Sidwell Map. Pictures and a site plan showing the existing building on the Subject Property are attached to this Zoning Amendment Application. The Property Owner proposes to demolish the existing, 42-year-old building and garden center on the Subject Property(113,227 square foot building plus 6,940 square foot outdoor sales area for a total sales area of 120,167)and replace it with a new, energy- efficient 91,750 square foot building(which is approximately 28,417 square feet smaller than the existing sales area). In order to do this, the current zoning of the Subject Property must be changed from Community Business (CB) to Community Shopping(CS). In connection with such a zone change Salt Lake City requires a corresponding change in the future land use map included in the East Bench Master Plan. The Master Plan Amendment is being submitted concurrent with this Zoning Amendment Application,and the Applicant requests that they be considered together. The existing building and site improvements on the Subject Property were built in 1968. Until recently, the building and garden center were operated as a Big Kmart(except the eastern portion of the building,which was operated as many things, most recently as a gym until it was vacated), all under a long-term lease. When the building and site improvements were originally constructed,retail stores like the Big Kmart were allowed in the Community Business(CB) zone as"retail goods establishments." In November 2005,new definitions, including the"superstore and hypermarket" definition,were added to the commercial zoning districts,and the"superstore and hypermarket"use was not permitted in the Community Business (CB) zone. As a-result, the use of the existing building is a nonconforming use as a "superstore/hypermarket." The building is also a noncomplying structure because it does not comply with the applicable bulk regulations, including size and setbacks of the building, that were adopted by the city in 1995. Consequently if the Property Owner were to raze the existing building the allowed nonconforming use of the building would terminate. The existing building and site improvements are subject to a Restrictions and Declaration of Easements entered into in 1968(and amended in 1997)with the owners of the office,retail and restaurant properties that are adjacent to both the west side and the southeast side of the Subject Property. The Restrictions and Declaration of Easements contains cross-access easements, site plan specifications,parking and landscaping requirements, and use restrictions so that all of these properties operate as a coordinated mixed-use development. A site plan showing the properties that are subject to the Restrictions and Declaration of Easements is attached to the First Amendment to Restrictions and Declaration of Easements as Exhibit"D." The Subject Property is also bordered on the north by a high-density,multi-family apartment complex. The main entrance to the Subject Property is located on Parleys Way, which is a five lane arterial facility (as defined by UDOT and Salt Lake City)that connects to 1-80 and I-215. This main entrance is also utilized by the offices, retail shops and restaurants adjacent to the Subject Property. The Subject Property has a secondary access over the private road off Parleys Way across from Maywood Drive that will be used by delivery trucks to access the new building. This access was granted by easement in the Warranty Deed from Woodbury-Morris Co.to Salt Lake East Property that is attached to this Zoning Amendment Application. There is also a third access point to the Subject Property through the public road to the northeast of the Subject Property called "Stringham Avenue" that connects to SR 186 (Foothill Boulevard),which is a five lane arterial facility(as defined by UDOT and Salt Lake City)that connects to 1-80 and I-215. The character of the area around the Subject Property is defined by the presence of the interstate highways and the respective on-ramps. Such an area is the ideal location for a superstore/hypermarket that operates as part of a larger mixed-use development with multi-story offices,retail shops,and restaurants. As mentioned above,this has been the use of the Subject Property since the existing building was built and will continue to be the use under Property Owner's proposal. The ideal zoning for this use is the Community Shopping(CS) zone because the purpose of the Community Shopping (CS) zone is to provide an environment for efficient and attractive shopping center development at a community level scale. Other properties that are zoned Community Shopping(CS)is the East Bench area are of a similar size as the Subject Property and arc also located on arterial streets that allow for convenient and efficient automotive access to a shopping center. This is further evidenced by the fact that other shopping center sites in the area,like Foothill Village,are zoned Community Shopping(CS). By rezoning the Subject Property to Community Shopping (CS), Property Owner can redevelop the Subject Property to provide the community with a new, smaller, energy-efficient building, as well as improved pedestrian walkways to better integrate the Subject Property with the adjoining high-density apartments,retail shops,restaurants,and offices. Such a redevelopment is consistent with the goals of the East Bench Master Plan as described in the Master Plan Amendment Application submitted by the Applicant in connection with this Zoning Amendment Application. For reference,attached please find a site plan showing the proposed layout of the new building and improvements as well as a possible commercial pad site along Parleys Way. If the zone change to Community Shopping (CS) is approved, then the proposed new building and site improvements will be subject to the review and approval of the Planning Commission as part of the city's Planned Development review process. • A traffic analysis of the proposed uses at the Subject Property is attached as well. DMWEST#7735057 v3 2 .4010164 • *X EXHIBIT"A" ' • Parcel 1: (Fee Simple Interest) All that part of the State of Utah, County of Salt Lake,Salt Lake City,being part of the West half of Section 23,Township 1 South, Range.1 East,Salt Lake Base and Meridian,more particularly described as follows: Beginning at a point South 00°13'14"West grid(Utah coordinate system NAD 83(1994)Central Zone)along the West Section line of said Section 23;a distance of 1999.94 feet,and South 89°46'46"East 193.08 feet,from the Northwest corner of said Section 23;thence South 89°47'46"East 20.00 feet;thence North 00°13'14"East 39.19 feet to the South line of the land conveyed in the Warranty Deed recorded as Entry No.5129429, in Book 6358,Page 1170, Official Records; thence South 89'47'46"East along said line 526.83 feet;thence North 60°50'45"East 40.45 feet along said line — to the Southwest line of a 60 foot public street named Stringham Avenue;thence South 29°12'06"East 60.00 feet along F- said Southwest line, to the Northwest line of the land conveyed in the Quit Claim Deed recorded as Entry No.8242453,in Book 8601,Page 1984,Official Records;thence South 60°50'45"West 13.37 feet along said line to the West line of said land;thence South 00°15'05"West 257.46 feet along said West line to the South line of said land; thence South 89°44'55" East 45.00 feet along said line to the West line of the Eastland Regency Subdivision recorded as Entry No.7606680,in Book 2000P, Page 82,Official Records;thence South'00°15'05"West 599.67 feet along said line to the Northeasterly line - of Parleys Way;thence along said line of Parleys Way the following four(4)courses: 1)North 59°39'06"West 139.77 feet;2)North 67°16'23"West 242.38 feet;3)South 39°14'47"West 14.60 feet,and 4)North 50°45'13"West 373.69 feet to the East line of the land described in a deed recorded as Entry No.8070333, Book 8530, Page 6983,Official Records; thence North 00°12'14"East along said East line 469.88 feet to the point of beginning. Parcel 1A: (Easement Estate Interest) _ . Together with a"non-exclusive"easement for vehicular and pedestrian ingress and egress to and from the aforedescribelmillk property over a 30 foot wide roadway being 15 feet measured at right angles each side of the following described center �' _ . line(said easement having been created by Warranty Deed recorded December 27, 1968 as Entry No.2271797 in Book 2718 at Page 294): • Beginning on the Northeasterly line of Parley's Way at a point South 0°01'West 2311.195 feet and South 51°00' East — 20.78 feet from the Northwest corner of Section 23,Township 1 South, Range 1 East, Salt Lake Base and Meridian and running thence North 39° East 8.00 feet;thence along the arc of a curve to the left(radius 35.00 feet bearing North 51° West)21.38 feet;thence North 4°00'East 216.00 feet;thence along the arc of a curve to the right(radius 55.00 feet _.. bearing South 86° East)76.47 feet;thence North 83°40'East 53.00 feet;thence along the arc of a curve to the left(radius 100.00 feet bearing North 6°20'West)68.94 feet;thence North 44°10'East 10.88 feet to the West line of the tract first above described. • iimpok L FIDELITY NATIONAL TITLE INSURANCE COMPANY AFFIDAVIT OF PROPERTY OWNER AND AGENT AUTHORIZATION STATE OF kI Y15AG • COUNTY OF Tit tvr1 I, FrtartAL. P441110A-1 YIL who is the VirLaDE. of WAL-MART REAL ESTATE BUSINESS TRUST,a Delaware statutory trust,being duly sworn,deposes and say that Wal-Mart Real Estate Business Trust is the owner of the property identified as Sidwell No.16-23-152-004(the"Property")and that Wal-Mart Real Estate Business Trust authorizes BALLARD SPAHR LLP to act as its agent with regard to the 7-O N I N 6l AMENDMENT application to be submitted to Salt Lake City and all related proceedings with respect to the Property. I affum under the penalties of perjury that the foregoing statements are true and correct. OEffective this.5- day of Q,LLjus f- ,2010. JJ WAL-MART' STATE BUSINESS TRUST, a Delaw.Oory u t By: /�� Its: l 4.4 • . gami r Ths..foregoins instrument w acknowledged before me this, day ofQ ,(J,if, 2010,by fr/]4 II r DG�7�OnP� who is the•D,r/Zj,et. of WAL-MART RE Ag EST BUSINESS TRUST,a Delaware statutory trust. 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LI, . ..' .•%',74'7'7...'''''''.,7Z:':47-''''''-'''''';.:;;;;' ,,,:':: ---'- ___..------ _ -1 l I — ^s^ 1 t PARKIN.DATA ..-....,: WALMART etTso sr. _ rCgrao s4CAT aae saAcre II SPAC,S .. 7 1 - TOTAL PARKING nano 410Aaenaao SF 11 I 1 u � I ' �� Q� �1$ ( )p�I pI`k f SITE DATA of II\ —— -A, EL—, - 1 I aE a ,II II (I li= PROPOSED S WALMART 'D 2705 PARLEY'S WAY AREA A N '. � A°°• SALT LAKE CITY, uT • ^ ^ S. O u I�f cLc ASSOCIATES rffl I. , .. . . 001.00011014. 0-0.00., .0.''' .'..'.,... '. 1.r /..%-'---------- --------. ...,_ q'3 ,,-,r rifi:.4,:c 4.,4ti...,?!, 1 ! , „ ,„: 1 leicfi, ,,'' „ ,',t,:,h ,Q2:1,;':',4.4,1i,Zri. '. r1:17,, - ''",i • ,, MITI'MAI• ''iL 4 tci;:.''': ` '40.f4 ,t1'..4.1 . , '. N. 4i'_40+,,'',1.4. ,*-1, ''...Lf.'« .' [A?:4,;', :-"L'...... q,ti:fct-,, ft%. ..',•' ':, 4..i.V.,4:: fli.itP:43",-{4.;:i,:i..:_ ,t,r'''5' , ::‘ ,,BotA‘140..A.R01.0411ct. 10:0‘.001011::: ' .,P.ii...-'0".-t'i '-'.•:;0, 4efik ..--:- ..... wA,..An, PARKING DATA ' •' :' ',',. '1:;',',041, y.i1.., :;; ,,1:41-:.i 7--- - , 101,PAWING t'"*I', . '. S.' ' '''117,14t,,t --'-;:,r'iql',' ,,',...46FF..44.,!Vift ."- '• nm.. 4.0 01.A.E. 4 010.000 RI •FV40.' . '. ' .:: . ..-1'''..'"2.''4.7.'''`t4%.741:4 .47 '''''-' ' . , .• '--- ' .,!--'-.-..'.Y :T.:''...1• ','. —. 11 ,' , ..,,,,,,,,. .,N SITEDATA W.1110,011 illikisist' . "fttaNrin ---75- ,' , ‘.., ''',7;•,%:-.i''.",, AREA A 1.01•AL ArlEA 1.0'.1::'..-..;.: -.. ig., mr-ri ,:... fi. ,-,.t. IF ,..! -, ..). , , .--...,, : _ .. ,..,W'P.2,-- ..47:: .•::'.- aiz ." -!;7• , --• ;,.e4:1•"-; ,,-. 4 N,t;., ._ • : 7; _ "- Ala : ,p,, . es"•• .:'', • . -7t-,q.:1:,,..i•:- Zi. i I TU.CONNECTION 4-0T-.P.: 40), ,i„,:, ri.-•,:- 17..4; , - k`2.''4.:;kr.'„,'.,:4,-, 4, •••• -Is .'i--1-•,!--.- -1.,..1" ‘,, -a < '',1- 4fik ..,'.,: ; ,-) ..,,';',„':',',.::--' PROPOSED • -.. f...ic ,. ,• WA L MART 2705 PARLEY'S WAY 111- • ' )( • ,,/ // . SALT LAKE CITY, UT '7 ."..., / _, / -,, ). -... 1 3. % - ' I i 41/11114 • A S ..... . CLC ASOC,AaES 1..= ) ....1.1.' at,;i9. ) ) • t - ' Pti' -- '' When recorded, return to: bfs4�123• 4 Woodbury Corporation • fJ5lF3I N 11t32 A11 FIANCY W+'1RKMAhI r a 2• 677 East Parley's Way RECORDE ER, SALT LAKE COUNTY, UTAH • Salt Lake City, UT 8 1'3`-'� FIRST AMENDMENT TO RESTRICTIONSREc Byte FkOt T ,; ,DEPUTY - ill AND DECLARATION OF EASEMENTS t • THIS FIRST AMENDMENT OF RESTRICTIONS AND DECLARATION OF EASEMENTS is made thiszutslay of February ,1997 by EASTLAND REGENCY CO.,a Utah general partnership ("Eastland") and SALT LAI{E/NORTH HAVEN LIMITED PARTNERSHIP,a Connecticut limited partnership("Salt Lake/North Haven")(collectively called r "Declarants"). t. -. t WHEREAS,on December 23,1968,Woodbury-Mons Company,a Utah limited partnership "' as owner of the land and improvements("Property"),more particularly described on Exhibit"A", rip Original Legal Descrjplion comprised of Parcels#I,nand#3 incorporated herein by this reference 1< 'a•, and shown and designated on attached Fxhjbit"a", Origin Site Plan incorporated herein by this 3 � reference,executed a document entitled Restrictions and Declaration of Easements relating to the e Property("Declaration"),which Declaration was duly filed in the office of the Salt Lake.County ;., Recorder on December 27,1968 and which included the Original Legal Description and the Original Site Plan es Exhibits X and Y respectively;and is p WHEREAS,the Declaration established mutual restrictions and reciprocal casements among " said three(3)Parcels which contemplated facilitating the uses to which each Parcel .vas likely to be V put and the improvements which were likely to be constructed thereon respectively;and I. VTHE �iS,in a deed recorded in the Salt Lake County Recorders office on July 31,1986 I' said Parcels 4'2 and#3 plus an additional parcel of real property to the north of the Property were deeded to Eastlaa.l v.ith(i)Parcel#2 being redesignated as Parcels I and 2 and(ii)Parcel#3 being .t redesignated as Parcels 4 and 5 and(iii) said additional property being designated as Parcel 3; and 10.,, l WHEREAS,inn deed recorded on April 6, 1993 at the Salt Lake County Recorder,certain adjustments were made to and between the descriptions of Parcels 4 and 5;and it 10 iv WHEREAS, for purposes of continuing consistent designation herein, the Property isla fli redescribed on Pxhi °�", R yised I,egnl Description, attached hereto and incorporated by $•a reference, and comprised of Parcels 1,2,4 and 5 together with said Parcel#1 designated thereon as Parcel 6;and ." X . WHEREAS,Fnrcal 6 was conveyed to Salt Lake/North Haven by a deed recorded in the Salt A. lake County Record,'i s office on September 5,1984. Parcel 6 has been leased to Kmart Corporation a= IN (formerly known as the S.S. Kresge Company)pursuant to a Lease dated September 22, 1967 ,'• ca (together with all mo•li .ations,the"Kmart Lease");and ;.4, :,. 4i ••••,) •• WHEREAS,since the execution of the Declaration the boundaries of the K-Mart Building lr filIII have been unilaterally expanded beyond lire westerly boundary of the Building Site depicted on cr, ; cats Salt Lake City,UT#427 .y 2/13/97 "' co t' l_ �.. ._ ,. .. 1 _ L i ' • • • Exhibit"B"arid the number of parking spaces on Paicdl 6 has been below the number required by • • the Declaration;and • 61 WHEREAS,the parties wish to amend the Original Site Plan in order to ratify the existing @ Krnart Building Site and to reduce the number of perking spaces and to incorporate the Overall Site • Plan attached hereto as Exhibit"D";and 1 WHEREAS,a building has been built within Building Site#1 on Exhibit"B"and designated - on Exhibit"I)"as the"Regency Building"on Parcel S;and WHEREAS,Parcel 4 contains the"Eastland Building Site"as depleted on Exhibit"D"which ' Building Site is approximately the same size and location of the original Building Site#1 set forth 11 on Exhibit"Ft";and • WHEREAS,planned construction of improvements on the Eastland Building Site requires • A improvements to be built on the Property to meet the approval of Salt Lake City and certain amendments to the Declaration es agreed among the Declarants as set forth below. NOW THEREFORE,for mutual valuable consideration the receipt and sufficiency of which are hereby acknowledged,and for the purpose of further evolving restrictions,and casements under the Declaration particularly resulting from said pltumed construction of improvements on the it Eastland Building Site and due to the expansion of the K-Mart Building Site and the less titan required number of parking spaces on Parcel 6,Site Declarants agree to and declare amendments to • the Declaration as follows; i 1. BevisvrLegal Descrintinu.Exhibit X to the Declaration is hereby deleted in its entirety and replaced by Exhibit"(2,Revised t;Gaal Description attached hereto end incorporated by reference. • 2. Revised$jte Plan. Exhibit Y to the Declaration is hereby deleted in its 1 entirety and replaced by Exhibit"D",$2yerall Site Plan attached hereto and Incorporated by reference. 3. Article 1 of the Declaration is hereby deleted in its entirety and replaced with the following Article is I.(a) Conformity to Overall Site Plyn•All buildings in existence or to be maintained or constructed on the Property shall be constructed in accordance with the Overall Site Plan attached hereto as Exhibit"D".Any changes to the Exhibit"I)" Overall Site Plan may only be made with the prior written consent of Kenart and all owners of the ur t x Property, -.t m g Salt Lake City,UT N42 2 2/13/97 1 `- r~ rn r • • i (b) Kmart 3uilding Sill. The parties hereto ratify the current K-Mart 1.n. Building Site on Parcel 6 as set forth on Exhibit"D". (c) cnonalmatiounnaraeli. Eastland together with a restaurant tenant shall construct certain improvements on the Eastland Building Site comprised of an office building restautLant complex in accordance with the configurations depicted on pxhibWt"D" (the "Eastland Construction"). The staging area for the Eastland Construction and all , it construction activities shall be entirely on Parcel 4. The Eastland Construction shall be done in accordance with plans and specifications previously reviewed and approved by Kmart and 1 as approved by the City of Salt fake and shall be done in a manner that (i)does not disrupt the traffic flow,parking,ingress/egress or business operations of Kmart and(ii)shall not at 1. occur between November 15th through January I st of any year. el 4. Articles 4 and 5 are deleted in their entirety and replaced with the following s ( Articles 4 and 5: l F a.a' 4. C pnstruction of Entrance. Eastland shall construct at its own cost and I expense a new entranceway onto Parcel 6,including a new traffic signal,on the southerly boundary of the Property on Parleys Way ("Entrance Construction") as set forth on 4' Exhibit"f)"pursuant to standards required by Salt Lake City and in accordance with Plans approved by la:mart. As part of the Entrance Construction,the main north/south traffic aisle in front of the Kmart store shall be located one parking bay to the cast. No Entrance S Construction shall occur between November 15th and January 1st of any year. At all limes during construction,Eastland shall maintain the Kmart driveway at the intersection frec and II clear of all debris,construction equipment and all related materials so that pedestrians and a automobiles have continuous access in and out of the Kmart driveway from one hour before ►t the opening of the Kmart store to one hour after the closing of the Kmart store.No Entrance , 1. i Construction shall occur between November 15th and January 1st of any year and Eastland shall provide to Kmart a construction schedule. Eastland shall install at its own cost and expense new landscaping on Parcel 6 and on the frontage of Parley's Way as depicted on v. I ' Exhibit"D". As owner of Parce!4,Eastland and any successor in interest to Eastland on ig Parcel 4 shall have the responsibility to maintain landscaping along certain parts of the ' southerly boarder of Parcel 6 on Parleys Way adjacent to said new intersection as designated Li on Exhibit'D". Otherwise,all current and future owners of parcels comprising the Property shall continuo to be responsible for maintaining landscaping along the exterior boundaries of their own parcels and shall otherwise remain fully responsible for maintenance of ail 1,i ( improvements on their respective parcels. Salt Lake Haven/North Harvey and Kmart hereby 4 grant Eastland a license to eater upon Parcel 6 to undertake the Entrance Construction and 1 N. to install and maintain the landscaping referenced above,. 1 La, 1::1 5. Parking. As a result of the Entrance Construction reducing the �i ' is . potent al number of parking spaces on Parcel 6 and in any event In order to ratify a smaller .v; nil Salt Lake City,UT tn... #427 s 3 7J13/97 v gii-30-- can on y 4, I. • I :t number of parking spaces on Parcel 6 than is required by the Declaration,the minimum number of parking spaces which shall be maintained at all times on Parcel 6 shall be Five Hundred Fifty Five(555),which Is the existing number of parking spaces as shown on • • • Exhibit"D".Correspondingly,the minimum number of pat king spaces to be maintained on • Parcels 4 and 5 collectively shell be Three Hundred Seventy Five(375)although the number of spaces shown on Exhibit'T)"and planned therefor are Four Hundred Sixty One(461). 5, Term of Axreement.Ail of the licenses,tights,privileges and easements set i. forth in the Declaration and the Declaration as amended herein shall run with the land and shall be binding upon the heirs,executers and administrators,for 50 years from the date hereof,irrespective . of the extension and continuance ofsald lease to Kmort Corporation(femserly known as S.S.Kresge Company), i [ 6. Decloation in Full Force and Effect.Except nsspccificelly amended herein the terms of the Declaration remain in full force and effect. i ' "Eastland": l: EASTLAND REGENCY CO., 1 ., n Utah general partnership I+ ,/sk i, �p WALLACE R WOODBURY LNTERVIVOSTRUST [" Its: General Partner "g' y it 101 Wallace R. oodbuey,Trustee f PRACTICAL I3UILDIN 014IPANY Its: Gen Partner ai 0 It By: ..._,:'-liP a Wallace R.Woodbury, is Trustee of the Wallace Woodbury '' t Intervivos Trust,General er xi- tit By,a /Zi'L� e`l`?1(',;esY,-- l Grin R Woodbury, _,_� Trustee of the Orin Richarda Wa 2bury � Intervivos Trust,General Partner cn b is Salt Lake City,UT 04273 cr) Le ( ...,; e3...,.a...............- �:r.,.+.�.-.....n--.... ............ ........._. ..... -....... _. .... it .. \\ �• ( � # , . # THIRD TIE \ Its:ak : 1 �� Woodbury,ar�• / . II 2 {4/ , dot'Woodbury,_erala«: • "Salt Lak ex e \ t. SALT LAKE/NO[2'M HAVEN LIMITED / PARTNERSHIP,n Connecticut e_ % f� 3 2 ®»� ate, 'le: f ® i w % Its:General,_: \ f \ e | \ �� X• • \ . a��ec,wmm / 5 2/13/97 0,, / • cn \ . . a..,41- co 1 b ; . . » .z « r ,�:�w _��—w �#�+��\ .w�Y��»»�������^# § CONSENT 4 4 Kmaet Corporation(formerly known as S.S.Kresge Company)hereby consents to the terms • of this First Amendment to Restrictions and Declaration of Easements("Consent"),This Consent Is note ass consent by Kraut Corporation to any amendments to the Declaration or the Lease that are not apeciticsliy addressed herein, Ii . KMART CORPORATION !' 1 1 V!% •„ 1 : al-OL211- "....,.,:l ., LORRENCE T. KELLAR '+�,._j- %.3 Its: Vice President Roil,Etdato Rep:. , D;ck'nson,Wrldht: • Approved: ACKNOWLEDGMENT Roviowed(000 comments). g STATE OF UTAH ) `.e • )ss, • p1 COUNTY OF SALT LAKE ) ! The foregoing Instnuncnt was acknowledged before me this day of F srr•tyt 1 199 7, by WALI,ACE R. WOODBURY, Trusted for WALLACE R. WOODDi1RY • INTERVIVOS TRUST,a Ocncral farther of Eastland Regency Co.,a Utah general partnership on ` behalf of the partnership. .• .1-j_. : i ar o N07AR rtjjalC (S.,,ttr,� Atr xvTn� Notary Public �p pmtt�iW�\ 11 ( Vr1 Count}', LrYny s "►rtt Oentd,ayj.tAdI bI100 My commission expires; •—'71 G l4n _ t m , m N Sab Lake City,UT 04273 cn 6 2/13(97 _P 5 rIv I . I 4 • .. 4 i ACKNOWLEDGMENT .. I .. rf- STATE OF UTAt3. ) )ss.. COUNTY OF SALT LAKE ) . `" The foregcing Ir strument was acknowledged before me this 26chday of Pehnrary , `' „ . I99• .,, by WALLACE R.WOODBURY,Trustee of the Wallace It Woodbury Intcrvivos Trust a general partner of PRACTICAL BUILDING COMPANY,a general partlfcrsbip and General Partner of Eastland Regency Co.,a Utah general partnership on behalf of the partnership. ,,, r.. ---^� NOT:FiYPLIBLIC ] •" sTATEOFWAK Notary Public s s�r6.lxa ;unktico El pas .41� I AP-- County- PAUUKt E.E99t:N My commission expires: /�� j f L . ir I. k ACKNOWLEDGIt ENT : (PARTNERSHIP) 7. I ii M 1 iN STATE OF UTAH ) ra : es. •'c w: COUNTY OF SALT LAKE . ) f.' L The foregoing instrument was acknowledged before me this 7.6th day of February , '-,y 1997, by ORIN R.WOODBURY,Trustee of the Orin Richards Woodbury Irrtervlvos Trust, C general partner of PR}.CTICAL BUILDING COMPANY, a general partnership and General Partner of Eastland Regency Co.,. a Utah partnership behalf of the partnership. i. LA.) o NO7AAYPUt3LIC Notary Public ..� [1..: £iiT60F U'(AHf_r1 ,t ,1�,r pA1.111NEE ESSE1l r11d'1-.'g2--. , County MT/East Putm Ws/ I(,�.(� salt t1co My commission expires: 412 ... III .. 7 r 1 MMMIIMINIIMIENIIMMEMIEnimmminuimmemmumw e. 114 F , 4 4 • I ACKNOWLEDGMENT ..{ ri STATE OF UTAH ) ss. :i [ COUNTY OF SALT LAKE ) ie. The foregoing instrument was acknowledged before me this 26thday of February , 1997 , by W. RICHARDS WOODBURY, general partner of THIRD TIERRA, n general partnership and Its,General Partner of Eastland Regency Co.,a Utah general partnership on behalf of the partnership. .i. I— 'NUTAFi'YPUt3LIrl ,k=e3:2,,,,;_.____ STATE Oi UTAH ( : ur ++ +Eyr Notary Public l i+vire,.E 41 t iY{'e County,Mieltigatr- 140 l-,f' PAULtNE E E99Eb = P+ +w My commission expires: /AI<te't BidbiaCI%(hh641tO %. . Y P l' ACKNOWLEDGMENT :3 II 7 STATE OF urntt ) ry ss• s COUNTY OF SALT LAKE ) t. •I. I The foregoing instrument was acknov.l;dged before me this 26th day of Fobruery , t, 199 7, by O. RANDALL WOODBURY, general partner of THIRD TIERRA, a general i partnership and its General Partner of Eastland Regency Co.,a Utah general partnership on behalf , II of the partnership, is j/j tlOTAavPUG�tib Jet/// { I (Sea ) GTATEOFLU Notary Public ____ . I, • ,w:� �'C &pins �rt-l-(ake, County,Mit igarr tks-t-.h p25T/UV �ysWE1 ry , My commission expires: '7/L /4. • spry like UV,Ways b1100 ..,� a rut Cr) C71 + "t Snit Lake City,UT fi4273 c I8 2/13/97Au) rn 1! irl 00111104, a-; mn..� - ...r...- vssi,...."•....14;..V4 ti4._.•el."76•4.4.i..:i'Lis .wit;i Ps '4 I .vcram._ , _.._ .... ._............. ._ . . .... .. . . — • 4 s !t 1 ACKNOWLEDGMENT • STATE OF fbttt7nesofrk. ) • pp )43. COUNTY OF KEIH+�y ) • (' The foregoing instrument was acknowledged before me this-Ad day of R-pr;1 , • 1997 ,by Oenttis M+(-moved.;k, the Vigt< efesiae, -- of FL.;e 6 ,s • a M;uae+o}e CO, ,vefu,tho general partner of SALT LAKE/NORTH HAVEN LIMITED PARTNERSHIP,a CONNECTICUT limited partnership. $ (Seal) M A NoteyPubl ren MARK J.PETEn30N• YDtes7/ County,d+Si,.Mgan Yia rw so- Kornersuoue•aiitreeorn a My commission expires: 1-31-z000 � fj u.r.COMTV A. ACKNOWLEDGMENT STATE OF MICHIGAN ) )ss, COUNTY OF OAHLA1SD ) ' • The foregoing instrument was acknowledged before me this 14+hdsY of Aorjl r 199 7 by Tcrrrnnro T. Jrnitn;- the 'gin,Pre„irtnnt of Ernest • ,Comorotion,a Michigan corporation. 0 oV. .�,t1; r a '•.t �.• v € ttB )y i Notary Public i t,':•P i..-- z ir-./• (>al MD County,Michlg_n ,,''•• Y „� My commission expires: Mnrrh 7A lggq v CAROL L,FLETCHER v McUASFSD➢II tb(sii ALAI 1'47;9d Notery Pebpo,Ooldaa9 County,6tbb t_r, My Commleeicn Explroe h1a,24.1n9n cn Silt Lake City,UT k.1273 v 9 2/13/97 . iJ N/ a CJ � •' , • I , . , AI,�• 4 ! • • q ERIITDiT "A" .. [ ' PARCEL I/1 `;;: Beginning at a point. South 0°01' Went 2000.0 feet along ~;',the section Zips and East 193.084 feet from the North- eee [ : west corner of Sootion 23 Township 1 South, Range 1 •' Eant, Salt Lake 13aee and Meridian and running thence . t. East 20.0 feet; theaice North 0°011 East 40.0 feet; thence East 528.016 feet; thence North 60°35i140" East 110.0 feet; thence .South 29°214120" Refit 60.0 feet; thence South o0°35'440" West 13.305 feet (said point being North 29°24120" Went 735.8 feet and South 60°35' 40" e, Wept 277.97 feet from a Galt Lake City monument); thence % y; L' South 257.146 feat; thence East 145.o feet; thence South :e: 599.337 feet; thence North 59 51'20 West 1110.057 feet; [ i thence North 57°29'30" Went 2r42.38 feet; thence South 3f8°58' West 3.44,6 feet to the northerly line of Parley's .'..•!? '.oe Way; thence North 51°02' West 205.185 feet (said point being North 38°59' East 50.0 That from the Salt Lake le.:'' City monument at the intersection of Parley's Way and Wilshire Drivc ; thence North rj1.° West 170.865 feet; , thence North i 7.624 feet to the point of beginning. . PA1tCls'L #2 • 03 `. ` Beginning at a Point on the Westerly line of Foothill <, '•, Drive, which point is 3115.80 feet North 29'214'20" ao ti,, ,'�4 West and 50.0 _feat South 60'35 i 440" West from a Salt F,A 1 le. Lake City monument said Sall; Lake City monument i.e 20 located :l.261 fee(; South 89°141'10" Eant and 908.18 feet South 26'56r110" East and 191111.143 feet South •' ' 'K 29'214120" East from the Northwest corner of Section +4 23, Township 1 South, 11ange 1 East, Salt Lake Base ,'•t _ 1 and Meridian, and running thence South 60'35i110" ° ••'' ' West 19.62 feet t a pipe monument; thence South 22 58' ee mast 268.06 feet to a point of curve marked by a pipe 0; k' monument' thence Southerly along the are of a curve to '�, i; the r'ght the chord of which bears South 1,1°58'30" es. - t;x Nast 65.10 fast to a pipe monument; thence South 7'05' 20" East 1t65.6 feet to a pipe monument; thence North 'tr 714.32'110" West 11814:15 feet; thence North 59°51120" ie' ee • West 116,5143 feet; thence North 599337 feet; thence w; - ; East 190.68 feet; thence North 60°35140" East 1119.07 `: ,e.; feet to tine Westerly line of Foothill Drive; thence ' • z South 29°2It 20" East 50.0 feet to the point of beginning. •; =' PARCEL 0 • ice. i-!q • • ;.• Ileg nning at a point South 0°01' West 2000.0 feet: along ef el. the Section line from the Northwest corner of Section . •: 23, 'lbwnniti.p 1 South, Rangy 1 L�,aat, Salt Lake Baas and ,�.- Meridian, and running thence Eµet 160.0 feat' thence ..!e "'' North 0°01' EastII0.0 feet; thence East 53.014 feet; ,Zee thence South 0°01: West 40.0 feet; thence West 20.0 feet; 4;' = thence South 1467.6214 feet to the Northerly line of ti: Parley's Way; thence North 51. 00' Went 248.570 feet ,; to the West line of Section 23; thence North 0°011 a, w East 311.195 feet to the point or beginning. 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A lilti..1FP f‘ . ‘..,•• l'f: .‘ •11"14).1••••,I.tli•••;:."•1•is.1 1.• . ..,.... • , , 4 ....• • . 4 1 • I ..,. . gil 1 I ••It•iv .? ',. .1 1:i.til%.,•1!••',.• • .•• '' ...1...s • i..4‘:. : ',41'„'l'•,.r. .,5,' :PlkliPPril'icftle'llPIN1,.;. . -z, ...-1,..; li . t,,i.ilitti,1.•,1 ...,-,,..,12-,?.-:-.5i.,..',..i.0.-..,••11:1.::::•.;•-v-...,---..:.P.••••••••••:?-•i...1..-.....,A1,-..,•--•.....4,-.4-.;•%",.....,..7,.-Ji...,..m.,,;•.---t..":::;•••11.1•1.41•&'1;r,.",'-`:::'-,..2.•••‘,...'•,.,.....tz,....'••:•.:':4.:;„:',t,,1 ‘ 'ijd:',..1 ,:.1.:1,:s.r..,••1•r!,-+472.1.,••t•.....:::-:17.,,,,:.•:.•:4•..ii..,c;-•:.:zl...,L'45';VT:v4::::iftz,:::::.',1•.%::1&..:•.71z:t.:4-*.7i3 t:::';'4;.'t,r-"I'...---":':'-`4.1 '.' .-. .-.......,,,... •.;.••......,e, . 1 f ; 11/011,4 ..1• 's '•.: 1 1 ' .. P e y ,...J.,.,,,,,..,.........,,,...:,,,...4./.....-4:-..:oivsN.,,...ipm.•,•;41.4.4.E•cre:.y.le;.•: :,•;,•:„.',.r:r....:ir•:,4:11101...•?....1.4•,:r.4.•••%T..,:::..4.fhtl..1701.1.`..f.../..`!•;r4.?'.i'''''''''''''''''' !. • r_ y� pp hP..�(t I5TT°0" 4Si2r.yy 1.8.iA3(27 nk(� ' Wallace R.Woadbar .,,,,„ 4v'�A71968 nt(p au it end 17a.1!out So Rand _. ft: NAp f Pha(Gra II[Cfrf n411,nN. INIY fU1 IIIY.IIfAI{ )A 1 RESTRICTIONS AND A) DECLARATION OP EASEMENTS I, r It{gyp TNxn DECLARATION OP EASEMENT made thin 238 day of 1 December, 1968, by WOODBURY-MORRIS CO., a.limited partnership, having its principal office at 711 East on South temple, Salt iLake City, Utah, 84102, herein called the DE3LARANT, ' WHEREAS, the DEOLARAN'P ie the owner or land and i.mprovo- imenta shears and designated es PARCEL 1/1, PARCEL 1/2, and PARCEL//3, ' on attached Exhibit 'X,"which exhibit i.e incorporated herein by , reference and which compoeite land hse been designated as Sectl.an,! I Shopping Center; II '.\ AND WHEREAS, the improvements constructed upon Parcel 111 O, have been leaned to S. S. KRRSGI COMPANY for a term or twenty-five • years (25), (expires November 30, 1993), commencing November JA, n.1960, together with three five-year renewal options, ea oet forth cb in that: lease dated September 22, 1967, e memorandum of which lease was recorded in the office o:the Salt•mice County Recorder 6. n k in Book 2713 at Page 245, et, seq., an Entry No, 2269672; Y AND WIIIREAS, the Paid Kresge Menee doe, provide and grant, among other things to the S. S. 1{RESGE COMPANY, its agent:n, ' employees, customers, licensees, and invitnen, full licenses, '0 rightn, privileged, and easements to nee the common area, on Parcel 11.1 and Parcel jt2 (when improved) in common with landlord . `and othor tenants, if any, of land described an Parcel 1/2, and w ','their respective agento, empl.oyeen, euntomera, liconaoes, and U. invitees; AND WHEREAS, Parcel 1/2 an herein described, in the Coln- ' posl.te of P11ASR 1,f2 and PHASE 1/3 as shown on Exhibit op,” attached to the Krangn Lease;. 1 AND WHEREAS, it la deoirable to outline genorell,y the areas within which future I)uildings may be conetncctorl in order E m ! to better define the interrelation of the common areas and likely m q a e building l ationsJ _o•f•ggq AND WHEREAS, Parcel 1/2 requires a reasonable pernetua 6 .,.ow wise: .•0 i ' ,a,yo�mv.a.mw.. .. .. ..• .. .. 7.........._. .....• .. . ,. • .. . ... • • 37a2 fl8 E279. and non-eXclttoive easement for egress and ingress of pedestrians and vehicles to'and from Parley's Way, over Parcel 4/1; • t AND WIiEREAS, Parcel.C3 requires a reasonable perpetual end non-exclusive easement for egress and ingress to Stringhem fivenue over roedweye built upon the North forty (4o) feet of Parcel-ill; .�;. AND NtICP.EAS, it is the intent of DECLARANT in the near `�� future, subject to the Kresge Ieone, to convey Parcel#1 end a f.P. non-exclusive cerement over I-thirty (30) foot wide roadway on • Y parcel 113 to SALT LANE EAST PROPERTY, a New York partnership; AND KIIt.REA2, it is the desire and intent of DV:CLARAPff = , to reserve to WOODB2RY-N_l1iTE CO., end its successors and the respective cirnto, tenants, employees, suetotrers, licenaeec, and '';ti invitees at each, the right to utilise common areas en Parcel Ni ' 1 ti and Parcel #2 in c9mmon with S. L. ERC.SCE COMPANY, SALT LAKE EAST ':4; PROPERTY, WOODBURY-MMMRRIS CO., end their reopen live tenants, j7 '2 successors, agetnts, ee;oloyceo, customers, licenoecs and invitees; ;A' 4. '`,� AND WIIIIREAO, LL to similarly Lhe desire of DECLARANTP '"S TO RPSERVC a reasonable perpetual easement and right-of-way from Parcel #2 to Parley's Way; ,; •,rj h NOW, THEREFORE, the DECLARANT: N' i. rL?:jS; Y. Does hereby declare, certify, and establish for the ,+ benefit of all owners end their respective euecooeore of property v'' 0 within Parcel#1, Parcel #2, and Parcel#3, that buildings nay be a } : : and maintained on Parcel y;tl. and Parcel#2 only within areas 4. ' built ma ne :s., designated on the attached ❑uilding Site Tacetaone Oenomi.nnted no EX.hibi.t "." and incorporated herein by reference, and that no �. ^';`vi buil.dinge shall be located or erected on Parcel.#1 or Parcel #2, l'1 ,FILI except within Cie boundaries outlined. . u j, '1 50, • . • .. I. .. eon $ Faat�" 2. Peat; hereby require and declare that to the extent consistent with said S. S. Kresge Company lease, no fence or pedestrian limitation of access shall be erected upon that portion of the common property line between Parcel #1 and Parcel #3 lying directly West of any portion of the S.S. Kresge building which would prevent reasonable access between Parcel #1 and the easterly portion of Parcel #3. 3. tomes hereby require and declare that no one shall lease, rent, use or occupy Parcel #2 or Parcel #3 or any portion _ 71 of either for the operation of a "cut-rate store" or "discount Ili store" for the duration of said "Kresge" lease and anyexte o n i.on r. or renewal thereof; except•that this limitation may cease if it 11 later be determined that paragraph 18 of the Kresge lease ie no longer operative because of the occurrence of any conditions subsequent, as enumerated in said paragraph la, whirh•make a ' , similar restriction in acid lease 'no longer applicable. • ' ll. Does hereby declare and establish that no less than _ Seven !Hundred 4iirey (730) automobile parking spaces shall at all times be maintained on Parcel #1, (except for temporary carnivals, etc. as permitted by Kresge Lease); and that at such time an Uui7di.ng8 are constructed upon Parcel #2 ouch conoi;rua- = Lion shall afro prov(de a mi.ni�num of Two hundred Seveniy (270) I automobile parking spaces eonni.otent with the requirement° of the existing Kresge Mace. 5. Does hereby declare that Parcel #3 shall include i.tu own separate off-street parking facilities sufficient to meet • i requirements of any ❑tato, county or municipal department having juri.adi.cti.on at the time of construction of any facil.ii;i.e❑ on said Parcel #f3. G. Does hereby declare and reserve over the North - Party (40) febt of Parcel. #1, a thirty (30) foot wide non- , exclusive easement reasonably located from time to time for cm ' vehicular and pedestrian traffic between Parcel #3 and Stringhwn cm ce Avenue, such easement to he perpetual and survive the expirationi cm 1 of other restrictions herein created. el NJ c� r an r MT tlSOFIn® *^GhsO� fAtm4.1EE'7iTDC.716tiRLJ�i e... .....� •.v....... .... .......... ... .......... .. .... • , it 7. iJCoe hereby reserve and establish for the benefit of the owners of Parcel #1 and Parcel #2, their successors end I assigns and their respective agents, tenants, employees, customero, .licensees and invitees, the right to utilize common 11( areas on Parcel i'fl and Parcel •//2 in common with S. S. 1CRP9(11? e. „ COMPANY and i.tn respeet'1ve' agents, tenants, successors, employees, customers, licensees and invitees, subject to the rights of the , respective owners to reasonably regulate the parking consist;enf: with the Kresge lease. 0. Does hereby declare and reserve a perpetual non- exclusive easement and right of way for vehicular and pedestrian { traffic between Parcel #2 and Parlsyla Way over a portion of II 1 Parcel #1. Such easement' eha_11 reasonably be located and desi.g- nated by the owner of Parcel #l. • 9. hoes hereby agree for the benefit of S. S. KRRSCE i; COMPANY, SALT LAKE EAST PROPERTY and I)PCGARAHTS that euecenaora in interest to DROLARANTS shall maintain and repair their respectively owned portions of Parcel. /l and Parcel i72, to the 1 I extent necessary ao that ouch common facilities and areas may be used for the purposes stated in the aforementioned Kresge lease, and 4.n particular as set forth J.n Paragraph 9, thereof, throughout the term of maid lease and any renewal or extension thereof. 10. Does hereby declare, certify and eutab].ieh that said full licenses, rights, privileges and easements eha3l run i with the land and shell be binding upon the heirs, executors, 1 i acbnini.etrators, r•ucceuaore, ase.igne and granteeo of WOODhURY- , MOItRIS CO., for an long ae the term of the Kresge Lease including '� all modifications, renewals and extonsi.one thereof; and mha).l terminate and cease, and be of no further force and effect, upon the tera;.nation data of the Kresge lease without renewals and extensiono, except that the easemento set forth in paragraphs " • 6 and 0 hereof are perpetual and shall survive much termination. m , • Fr-‘ BoO Me rd6[2 4 B _ 11'. Does hereby agree that the obligations herein set forth shall be binding Upon declarant,e heirs, executors, i, adminietratora, secceeeore, aeeigne, grantees and liceneees. WOODf3URY-MORRIS 00. A Limited • Par/tffJnerr h/iipp p/� /) Wh S6 • C Ti. 00 Renersl Partner • -W STATE OCR'UTAH 1 I BS: COUNTY OP SALT rsicn S - . On the 7 3 aa day of December, 1968, personally appeared before • we WALLACE R. WOODBURY, known to me to be the General Partner of WOODBURY-MORRIS CO., a ,Limited partnei•ehSp, the ❑ignerc of the within inei;ruoent, who duly acknowledged to me that he 0 executed the smme for and on behalf of amid partnership, • • Il U11AUomrlilbd,e Pecpirde• i 0 • 1 ti • QN 1 • h. 01 .; RXIt:113T"I)" ' [ )'nrcel1; [11 . Commencing nt a point on alto Northeast side of Parley's Way which point is south 0 degrees 01 minutes west along the Section lino 2311.195 feet from the Northwest corner 1 , of Section 23,Township 1 south,Range I cast,Salt Lake Base and Meridian,and running thence north 0 degrees 01 tninnles cast 311.195 feet;thence cast 160.0 feet;thence north [.. 0 degrees 01!nlmtos cast 40,0 feet;thence east 53,084 feet;thence south 0 degrees 01 •'. • minutes west 40.0 feat;thence wog 20,0 feet;!knee south 297.624 feet;thence north 51. it degrees 00 minutes West 145.0 feet;(hence west 30.0 feet more or less to the easterly line it 1 of a private roadway;thence southerly along said easterly roadway line to the :; Lag • northeasterly line of 1'ardo)'e Way;thence north 51 degrees 00 minutes West 38.57 feet . more or less to the to the place of commencement. The aforementioned private roadway Is 30 feet wide being 15 feet measured at right angels each side of the following described centerline. Beginning on the norihesaterly line of Parley's Way ate point south 51 l L degrees 00 minutes east:0,78 feet from the aforamentloned point of commencement,and •t running thence north 39 degrees cost 8.0 feet;thence along the arc of a curve to the tell .: (radius 35.0 fret bearing north 5 d degrees 00 mhtutu west)21.38 feet;thence north 4 1 M degrees 00 minutes east 216.0 feet;thence along the are ore curve to the right(radius ,y 55.0 feet bearing south 86 degree cast)76,47 feet;thence north 83 degrees,10 minutes cast 53.0 feet;thence along the ere of a curve to the loft(radius 100.0 feet hearing north 6 e +' degrees 20 minutes west)68,94 feet;thence north 44 degrees 10 minutes cost 10,88 feet N ( to the cast bnttrtar:y ofnforcdescribed, .:.• L. Pnrcel 2; ?, • Contnlancing nt a point on the northeast side of Parity's Way which point Is south 0 :• ` degrees 01 minutes west along tie section line 2311.195 feet end south 51 degrees 00 minutes end along tine northeast side of Parley's Way 248,570 feet from the Northwest r, corner of section 23,Township I south,Range 1 cast,Salt Lake Base and Meridian,neat t i running thence north 170 feet;thence north 51 degrees 00 minutes west 145 feet;thence ., west 30 feel more e:less to the easterly line of a private roadway;thence southerly along s , said easterly roadway line to the northeasterly line of Parleys Way;thence south 51 S. degrees 00 minutes east 210 feet more or less to the place of beginning. Together with n .:i right of ingress and egress over,upon and across a eertnin private roadway adjoining the . } nbove described property on the weal described as follows:a 30 foot wide road way being I S feat measured at right angels each side of the following described centerline; ;� beginning on the northeasterly lira el-Parley's Way ton point south 0 degrees 01 minutes west 2311.195 feet and math 51 degrees 00 seconds east 20.78 east 20.78 feet from the Northwest corner of Section 23,Township I south,Range 1 east,Salt Lake Base and Mcridleu and running thence north 39 degrees east 8,00 feet;thence along the me oft; e curve to the left(ratlines 35.00 feet bearing north 51 degrees west)21.36 feet;thence north y 1• 4 degrees 00 minutes east 216,00 ken thence along the arc of n curve to the right(ruches 55.00 feet bearing smith 86 degrees cast)76.47 reef;thence north 83 degrees 40 ttnntes . cast 53.00 feel;thence along lite are of a curve to the left(radius 100.00 feet bearing north • • (i degrees 20 min:it.os west)611,94 feet;thence uortlt 44 degrees 10 minutes cost i0.H8 rt q reel. L t Parcel a: l. Beginning at n paint on the Westerly line of Poothili Drive which point Is 345,80 feet u ' • North 29 degrees 24'20"West and 50,0 feet South 60 degrees 35'40"West from a Sall ( Lake City Monument,sold Snit Lake City Survey Monument being located 31.261 feet m a1 South 89 degrees 41116"Ens!and 908.18 fact South 26 degrees 56'40"East and 1944.A3 ,el Al .. . n6r7roc'.codicpL%41as cd i ,j7 Ol( '-- ' • t.0 .!y CO t i • A EXHIBIT"Tr 1 ;: e feet South 29 degrees 24'20"East from rho Northwest corner of Section 23,Township I South,Range 1 East,Salt Lake Base and Meridian,and running thence South 60 degrees 35'40"West 19.62 feet to a pipe monument;thence South 22 degrees 58'East 268.06 feel to a point of curve marked by a pipe monument;thence Southerly along the arc of e curve to the right the chord which bears South 14 degrees S8'30"East 65,10 feet to n pipe monument;thence South 7 degrees 0520"East 112.0 feet;thence West 396.36 feet; thence South 229.25 feel;thence North 74 degrees 32'40"West 27.64 feel;Thence North 59 degrees 5I'20"Wes?46.543 feel;thence North 599,337 feet'thence East 190,68 feet; thence North 60 degrees 35'40"East i49.07 feet;thence South 29 degrees 24'20"East 50.0 feet to the point of beginning, • q Together with • Beginning a,a paint on the Westerly lien afPoolhiil Drive which point is 345.80 feet • • • i North 29 degrees 24'20"West and 50.0 feet South 60 degrees 35'40"West from a Salt 1.eke City Monument,said Sail Lake City Monument being located 31.261 feet South 89 degrees 41'16"East and 908.18 feet South 26 degrees 56'40"East and 1944,43 feet South • 29 degrees 2470"East from the Northwest corner of Section 23,Township 1 South, Range I East,Salt Lake Base and Meridian,and running thence South 60 degrees 35'40" West 19.62 feet to a pipe monument;thence South 22 degrees 38'East 268,06 feet to a point of curve marked by a pipe monument;thence Southerly along the arc ofa curve to the right,lltc chord.rf will 't bears South 14 degrees 58'30"East 65.10 feet to a pipe montnnent;thence South 7 degrees 05'20"East 112.0 feet true point of beginning,mid running thence South 7 degrees 05'20"East 353.60 feet to a pipe monument;thence North 74 degrees 32'40"West 456,51 feet;thence North 229.25 feet;thence East 396.36 feet to true point of beginning. , i. - I,css and excepting 4 Beginning at n point on the Westerly line of Foothill Drive,which point is 345.80 feet North 29°24'20"West and 50.0 feel South 60°35'40"West from a Sait Lake City Monument,sold Salt Lithe City Monument being located 31.261 feet South 89°41'I6" S Cast and 908,18 feet South 26°56'40"rust and 1944.43 feet South 29°24'20"East from the Northwest Corner of Section 23,To unship I South,Range 1 East,Snit Lake Base ..• and Meridian,and running thence South 60°35'40"West 19.62 feet to a pipe monument; thence South 22°58';east 268.06 feat Ion point of curve marked by a pipe monument; i thence South lee e,tong the are of n curve to the right,rho chord ofwhieh bears South 1 I4°58'30"Nast 65.10 feet to it pipe monument;thence South 7°05'20"East 1 14.01 feet to the True Point of Beginning,and•running along the Westerly lino of Foothill Drive South .1 7°05'20"Hasa 359.80 feet to a pipe monument which 1s the point where the West roothill Drive Right-of-Way line intersects the North Parley's Way Rigid-of-Way line;thence R _ along rho North line of Parley's Way North 74°32'40"West 434.15 feet;thence North 59°51'20"West 46.543 feet;thence North 58.35 feet;thence East 46.26 feet;thenco w North 29.88 feet;thence East 111,76 feet;thence North 59,75 feet;thence Enst 96,48 feet; thence North 56.69 rest;thence East 207.99 feet to True Point of Beginning, Pnrrel5: Beginning al a point on the Westerly line of Foothill Drive,which point is 345.80 feet North 29°24'20"Wes?and 50,0 feet S'nilt 60°35'40"West from a Salt Lake City 7 Monument,said Salt Lake City Monument being located 31.261 feet South 89°4I'16" East and 908,18 fact South 2.6°56'40"East and 1944,43 feat South 29°24'20"East form j • the Northwest Corner of Section 23,Township 1 South,Range I Enst,Salt Lnke 13naeIt Ct and Meridian,and running thence South,`:C"35`40"West 19,62 feet to a pipe monument; t? Y thence South 22°53'Enst 268.06 feet to a point ofnurvo marked by a pipe monument; �1 thence Southerly along the sic of a cure to the right,the chord of which bears South /'\ rn s� reorplm ulrcglectuld2 CJl en 1. II-. EX11IB1T"D" t 14°58'30"East 65.10 feet to a pipe monument;thence South 7°05'20"East 114,01 feel to • .ai ( the True Point of Beginning.and running along the Westerly line of Foothill Drive South t} 7°05'20"East 359.80 feet to a pipe monument which is the paint where the West Foothill t: Drive Right-of-Way line Intersects the North Parley's Way Right-of-Way line;thence along the North lino of Parley's Way North 74°32'40"West 484.15 feet;thence North ' 59°51'20"West 46.543 feet;thence North 58.35 feet;thence East 46.26 feet;thence North Nortf r56.69tfeet;thence East 207.99 feet to True Point of Beginning East 111.76 feet;thence North 59.75 feel;thence . 9G,48 feet; (hence .+� ��• nd Gast �'t Beginning at a point South 0°01'West 2000.0 feet along the section lien a ;;:{ 193.084 feet from the Northwest corner of Section 23,Township t South,Range I East, . lSalt Lake Base and Meridian and running thence East 20.0 feet;thence North 0°01'East is 5:. 40.0 feet;thence East 528.816 i'et;thence North 60°35'40°East 40.0 feet;thence South :;� .. `,�' 29°24'20"East 60.0 feat;thence South 60°3540'West 13.305 feet sold point being North ::! 29°24'20'West 735.8 feet and South 60°35'40°West 277,97 feet from a Solt Lake City �:y monument);thence South 257.46 feet;thence East 45.0 feet;thence South 599.337 feet; . :s, thence North 59°51'20"West 140.057 feet;thence North 6r29'30",West 242.38 feet; • i y: thence South 38°58'West 14.6 feet to the northerly line of Parley's Way;thence North �r: ~. 51°02'West 205.185 feel(said pole:.being North 38°59'East 50.0 feet from the Salt Lokc : ', 11 City monument al the intersection of Parley's Way and Wilshire Drive);thence North ..- i'.' ° t;thence Nortlt 467.624 feet to the point of beginning. ,.yy 51 West 170.86;f, g o It t? :.t:. L4 .; L .43 >' 414 I $':1 Ai ei i;1.: fl el it .�%I fit •mot. :�: v 2 a i.nf1 _i •i'1=.L} :IA: inikv0x.ilocicssmeda uid 3 V : l O T. t pr i.�//�aynrR';�.�r� t v k . <-_-\,, . ,-----‘, . 0., k -: ' / ..::..,)... .- \ . —.ni,uC: "r^1� Vic+.-1T.lci;-fie....•yj`1-r.i' jb r r.. \ \ , �� I2F ;1 c•.' :i':?taw<.;icrrµ p, :`i-1JJ.111J1 :i�:, :,max '� '.::; iI�`id .9...... ` dt. 3' ' ; i f Aft 3 \ lilllllJ � �1 )JJl1l1= {,, . l�\ \ b " 4+ ' ii, —lflTITITTMFITIflTIITITT '{r � , 11 . �, � if , ,.: 1 i . / : :� a a ,,C l I 'I'E % % ( , . : !ii Ili IdriPE1/11/-'1§7/d- 7 (1..='''.--,-; // Il 11 it L.,} � �i 1 . e.,t!IJ11111E r�y7 '•�_-J- t.ijj11J1W_., . / // . /// /- G_ uJlull.l.liu.lu.t.u _s \‘ `"k / k If 91J a { ;I rlt7fflTTfllr I i, 7/7 ¢ lel P.4 It am.. .G:.Rd1u.ul '- ) 1�/ 1 i 0 ' V • di fIff iili; 1H .41 ...-,J 1 • _ ..... . . .. r..i ... .. . ......,.::i(.,a.......)w:lil! =:iwi..Mj\r.i.is,,,,,, •,,,,,' 1 W,I.J. $4 T.:4• (g- 1 'rxltxsiT 1c0 i _ , 1.: Parent 1: i /1. . Conuncneing nt a point on the Northeast shin of Pnr1cy's Way which point Is south 0 degrees 01 minutes west along the Section lino 2311.195 feet from the Northwest corner 1. at-Sedan 23,Tawtisltip I south,Range I east,Salt Lake Base and Meridian,and running thence north 0 degrees 01 minutes east 311,195 Act;!halite oast 160.0 loop thence north [. 0 degrees 01 minutes oast 40.0 feet;thence east 53.084 feel;thence south 0 degrees 01 minutes west 40.0 1*-et;thence wcst20,0 feet;thence sontlt 297,624 feet;thence north 51 t; Jdegrees 00 minutes West 145.0(bet;thence west30,0 feet morn or less to the easterly lint r of n private roadway;thence southerly along said easterly roadway line to the northeasterly line of Parley's Way;thence north 51 degrees 00 minutes west 38.57 feel 1. more or less to the to the place of commencement.Tito aforementioned private rondwny ' is 30 feel wide being 15 feet inemured at right angels each side of iho following described r, centerline. Beginning on the nonhensterly;lue of Parley's Way at n point south 51 k dL. egrees 00 minutes cast''O.78 feet firm the aforementioned point of commencement,and i,' 1 running thence north 39 degrees cast 11.0 feet;thence along the arc of a curve to the left(rt ttiis 35.0 feat bearing north 51 degrees 00 minutes west)21.38 fat;thence north 4 . degrees 00 minutes cosi 2 i 6.0 feet;thence along the arc of a curve to the right(Wins >. _ 55.0 feat hearing south 86 degree etts?)76,47 fact;thence north R3 degrees 40 minittas cast 53.0 feet;Ilteneo niong the arc of n curve to the loft(rntllns 100.0 feet bearing north 6 ( de revs 20 minutes west)68,94 feet;thence north 44 degrees 10 minutes cost 10.88 feet - to the cast boundary ofaforeti scribed, • tPored 2; S Coaunencing al a point on the northenst side of Parley's Way which point Is south 0 1 R.. 's 9 degrees Cl minutes west along the section line 2311,195 feel and seed'S t degrees 00 'E N minutes cast along the northeast sido of 1'etricy's Way 218.570 feet from the Northwest D ( tamer of section 23,Township I south,Range 1 cost,Sall Lake 13aso and Mcridl:tit,unit ? • running thence north 170 feet;thence north 51 degrees 00 minutes went 145 feet;thence west 30 feet more :less to the eastely line of n private roadway;thenco-eonthcrly along r snit(easterly roadway line to the northeasteriy line of Pnrioyn Way;thence south 51 s degrees 00 minutes cast 210 feet more or less to the place of beginning, Together with a t right of Ingroos and ogress over,upon and across a certain private roadway adjoining the j Inhove described property on the west described DR follows:n 30 foot wide roadway being h 1 15 feel measured at right nngols each side ofiho following tiescrlhed coulerlina; beginning on tile iarthcnstcrly lino or 1'arioy'a Way to n point south 0 degrees 01 ruhustcs , west 231 1,195 foot and south 51 degrees 00 seconds oast 20.78 cant 20.78 feet from the J., Northwest corner of Section 23,'Tovrnshlp I south,Rango I east,salt Lake Bele mitt Meridian end running thence north 39 degrees oust 8,00 feet;thence along the me of a curve to the tart(rndIus 35,00 feet!maring north 51 degrees west)21,38 feet;thence north 4 degrees 110 minutes east 216.00 fe;r,thence along the aro art curve to the right(radius 55.00(bet bearing south 116 degrees cast)76.47 feet;thence north 83 degrees 40 minutes e. •i cast 53.00 feet;thence aiotng(Ito era of a curve to the loft(rndhts 100.00 feet hearing north 6 degrees 20 mlttulas west)68,94 feet;thence north 44 degrees 10 mimics east i 0.1t$ I iccl, f L'uNoLlt IBeginning at n point on the Westcriy he of Foothill Drive which pnhtt 1s•345.80 feet ' North 29 degrees 24'20"West and 50,0 feet South 60 degrees 35'40"West from n Soil �' Ube City Monument,sold Snit Lake City Survey Monument being located 31.261 feet :. Lu a 1 South 89 degrees 4 i'IG'host anti 903,18 feet South qG degrees 56'40'East and 1944.43 (It `CD h C7 J I CD N 3 _ :t s .�. it • i ' EXHXaIT "C" feat South 29 degrees 24'2b"13nat font thto Northwest centerof•Section 23,Township 1 South,itange 1!Snot,Salt Lako Base and Meridian,And running thence South 60 degrees 35'40"West 19.62 feet to a pipe monument;Ibaaac South 22 degrees 58'East 268.06 feel to a point of curve mnrkcd by a **monument;theme Southerly along the am afro curve to(Ito right the chord which boors Smith 14 degrees 53'30"Bast 65.10 feet la n pipe monument;fiance South 7 d*grooa 05'20"East I 12.0 feat;(hence Wash 396.36 feel; • thence South 229.25 foot;thence North 74 degrees 32'40"Weal 27.64 feel;thence Noah 59 degrees 51'20"West 46,543 feet;thence North 599.337 feat;thence East 190.68 Act; Ithence North 60 degrees 35'40"East 149.07 feet;thence South 29 degrees 24'20"P.nst 50.0 feel In the paint of beginning. Together with Beginning at n polo?on the Westerly lien of Foothill Drive which point Ia 345,80 foci ' North 29 degrees 24'20"West and 50.0 feet South 60 degrees 35'40"West from a Snit Lake City Monument,said Salt Lake City Monument being located 31.261 feel South 89 degrees 41' t 6"Past and 908.18 feet South 26 degrees 56'40"!last and 1944.43 feet South • 29 degrees 24'20"Lust from the Northwest corner of Section 23,Township 1 South, Range 1 Enst,Salt Labe Bose and Meridian,and running thence South 60 degrees 35'40" 11 West 19.62 feet to a pipe monument;thence South 22 degrees 38'Bast 268.06 feet to ni. point of curve marked by a pipes monument;thence Southerly along the me ern curve to the right,the chord'nf whi.'t hears South 14 degrees 58'30"Last 65.10 feat ton pipe monument;thence South 7 degrees 05'20"East 112.0 feet true point of beginning,and running thence South 7 degrees 05'20"Pnst 353.60 feet to a pipe monument;thence• ., North 74 degrees 32'40"West 456.51 feet;thence North 229.25 feet;thence Bast 396.36 feet In!Mc pain!of beginning. , w..., Less and excepting Q o I c Beginning nt n point on the Westerly line of Foothill Drive,which point is 345.80 feet •o5 North 29°24'20"West nod 50.0 feet South 60'35'40"West from n Snit Lnka City '?'• Mcnuntont,said Snit Lnke City Monument being located 31.261 foot South 89°4I'i 6" ► I East and 908.18 feet South 26°56'40"East and 1944.43 feet South 29°24'20"East troth '�_ the Northwest Corner ofSeotion 23,Township I Smith,Range i Best,Snit Lake llaso R and Meridiem,and mating thence Sonde 60°35'40"West 19.62 feet ton pipe mo,uunCul: thence South 22°58'East 268.06 feet to n point of curve marked by a pipe monument; thence Southerly along the ate of n cttrvo to the right,lho chord of whlth bents South • • !, 14°58'30"East 65..10 feet to a pipe monument;thence South 7°05'20"East 114.01 foot In the True Point of Beginning,and ntnning along Ilto Westerly lino of Foothill Drive Smith ' 7°05'20"Bast 359.80 feet io a pipe monument which la the point whore Cho Weal Foothill Drive Right-of-Way lino inceroeots the North Parley's Way Right-of-Wey line;thence ` along the North line of Pnrtoy's Way North 74°32'40"West 484.15 feet;thence North • 59°51'20"West.46.543 feel;thence North 58,35 feel;thence Beet 46.26 feet;thence • North 29.118 feet;!hence East t 11.76 feet;thence North 59,75 feet;thence Ens(96.48 feet; tr thence Nnrih 56.69 feet;thence Lnst207.99 feet to True Point of Beginning. z l'nreci 5: ,4 Beginning at n point on tine Westerly tine of Foothill Drive,which point Is 345.80 feet `• North 29°24'20"West nail 50,0 feet South 60°35'40"West from a Snit lake City Monument,snit!Snit Lithe City Monument being located 31.261 foot South 89°41'16" East and 908.111 feet South 2056'40"East and 1944.43 feat South 29°24'20"Ens'forth the Northwest Corner ofSectIon 2S,Township 1 Smith,ltnngo I Bast,Salt Lake 13nse • • F rind Mcri inn,and running thence South 60°35'40"West 19,62 feet to n pipe monument; x 1 thence South 22°S8'Past 268.06 feet to n point of-curve marked by a pipe monument; v , • thence Southerly along the arc of n curve to the right,the chord of which bears South 0' fg rn o ' w i i. t;xaiezx "c" l4°58'30"Bast 65.10 feat to a pipe monument;thcnco South 7°05'20"East 114.01 feel to �. the True Point of Beginning,and running along the Westerly lino of Footfall Drive South . 7°05'20"East 359.80 foot to a pipe monument which la the point where the West Foothill 't Drive itlght•of-Way line Intersects the North Patloy's Way Might-of-Way lino;thence ! along the North lino of Parley's Way North 74°32'40"West 484.15 feet;thence North i. 59°51'20"West 46.543 feet;thence North 58,35 feat;thence East 46.26 feet;thence North 29.88 feet;thence East 111,76 feel;thence North 59.75 feel;thence East 96.48 feel; • I thence North 56,69 feet;thence East 207.99 feet to True Point of beginning. Pores'. Beginning at a point South 0°01'West 2900.0 feet along the sectlon lien end Cast 193.084 foot from the Northwest corner of Section 23,Township 1 South,Range 1 East, Sett Lake Base and Meridian end running thence East 20.0 feet;thence North 0°01'Past • 40.0 feet;thence East 528.816 teat;thence North 60°35'40"East 40.0 feet;thence South r. 29°24'20"East 60.0 feet;thence South 60°35'40"West 13.305 feet sold point being North �_ 29°24'20"West 735.8 Ccut and South 60°35141.1"West 277.97 feet from a Sall Lake City monument);thence South257.46 feel;thence Enst45.0 feet;thence South 599.337 feet; ; thence North 59°51'20"West 140,057 feel;thence North 67°29'30"West 242.38 feet; o o thence South 38°58'West 14.6 feet to the northerly line of Parley's Way;thence North t ty 51°02'West 205.185 feet t said Point being North 38°59'East 50.0 feet from the Snit Lake E s: City monument nt the intersection or Parley's Woy and Wilshire Drive);thence North ;l ,• 51°West 170.865 feel;thence North 467.624 feet to the point of beginning. f t .l: 1. •z. it tp r. 1 Py k iii C w, p, 1 1 T. 3 I t x .. 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Salt Lake City, County of Sat Lake, State or Utah, GRANTOR;.hereby conveys atd warrants to SaT PAXE .F.AST 141 :..11,....-4,4 PROPERTY, a New York partnershiT), of 33.-35 :: 81st Street, Jackson iNI Heights, New York, New York, 11372, GRANTZE,- for the Sigii-15f Ten*. 1174, 'Dollars (0.0.00) and other good and valuab.le consi'.deratiOs the following described tract of land in Salt Lae County, State of IN Utah, to-wit fig Beginmias...at a. moli-ht •South 0.0.gt: ::g00-,10000..c41 :.,...:-. feet it:Ig::;611e, •:. ", '&1k$:±i--0:ife'*-464.gtt-':,430;i0•04;..,,-Ao.t, the Naiir&WS'it et5. ne-YE;if-)te.e*fit:45 44-n-Q',0iiitiiibatb..., , . ... .... 1 S°'1*.i.: ikil-&.1.. ' ';P::1;"$70f.4,40A.. 000§4.5,-:.. ....:. ;$'..7i and l'alniWtfigt)4 .4*-dt -14014AUt406006We470 r..,, !.:.,. . 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Oate worth 55:a ,Watt 2:qoa .5.ifoOlf.,.?tift' 444,16it',81Tik • : -.'sfite,7;i 476ti.s6..2Ltb& to the point (Or41-00..4:444.Y .,'*. •-''. • ., .'")• .'g . . -:, :•.. .:•,::c., ; •: ..'.1.:?;i'.-V4 SU?JEOT TO kli-D-..TOWMTKEKAT4Tv otasT*.lwoOm.pgsgoot,,/.4.,-4, for v -ri1ci'Oii-r..fail,,:tgat1100Ii-WWWWffegt$S-tti::"....': and 06.1ii*:'Ill'.4...4.6;tsk044:4:4gdIAVW0**:,:i1*.W4-..i.L30 fo0. :: • IV wide -r4i3.:.$0.tt 4.5011.giitifWgtf:iiigOVAila'Agi-V'iii:5*:-6V.0.40erg • - .' .c:'6: i each tide• of the T..-6170-\--/Ug il. 6.i. ti ai t. .eire5'. .di•-•::. M, .InV--:. -,- • ' -,.. ,;! Beginalltg on. the Nor;theatt'eay Ifiel-,0:17ii.,4.W;;S: War at -6;:voint soil* fP'all '1e.-0.:t.rii8Vi.:•i:149.5.3pf.Wliiid-. . .. . ... .,..::.• South 5V.ge East t0.:#.:8;oreet rl,,oiii;-ttrd':41Ktr0,00i,fi* of Section 23, ft/4.681p 1 south,. 11.0-410.30?;AWY. \ , Lake Base and 1401Vlan and tliiit-p4Wtherid*,'Juggti .70.;7. teat 8,00 fet4 thence aiong t#64:#H6**-0.1.1-.70 -.6:p640:,::::•J!!A left (- adIlle. :55AP 1*dt bet6a6.040h. ;,5M10:0' 14 .-ca* feet.; th65. 6 North. L0001 EitAt: 16,-.,C0fee: 0d0-404ki the arc of a curve to the fight loAte. 55,419o*kb... .-,J, bearing South 86 Eat) 7.6.41 001 thence 06.t'sbli'grAt 'Ig East 53:,.06 feet,• thence aIogythe 0,V'C.101'*4:0Ure 10 the .•'H " . " ' - --- left ((radius 100,00 feet bearing North V' .:%201. .14e S',) 68.94 feet; thence North 44'"ci64' East 16A8' fett to the west line of the tract first Abdile dettribed. ,., Subject to restrictive covenants inretriect to the , , . North 50 feet of said tract as set forth in that certain deed recorded March 19) 1968 in the office of the Salt LRke County Recorder as Paltry No. 2237905. 1 • • . . „ A00411. 6600 rill= 4 Subject to a Loase in favor of S. S. KRESGE COMPANY, a memormadum of which is recorded in Edok 2713 at Page 245 as Entry No. 2269672. Subject to utility easements of record. Subject to declaration of easements dated December 23, 1968. WITNESS the hand of said Grantor this /A -- day of • December, 1968. WOODBURY-MORRIS CO., By rt 16w lac-e ob' ury STATE OF UTAH : ss. COUNTY OF SALT LAK ) On the 18th day of December, 1968, personally Ne.;;4red before me, WALLACE R. WOODBURY, known to me to be the Genera], Partner of WOODBURY-MORRIS CO., a limited partnership, the signer of the within instrument, who duly acknowledged to me that he executed the same for and on behalf of said partnership. •orrettItZzt: wzr-c2V4.1V.4.' n expires: iev_t-Z4 NOtary Public Residing at: s4 1,44.e. ck • . ........ . , WRW/kt ,ommik August 26,2010 ie/A Mr. Troy Herold • CLC Associates 420 E South Temple, Ste 500 TR Salt Lake City, UT 84111 TRANSPORTATION ENGINEERING Dear Troy, The following identifies the projected traffic changes from redeveloping the existing building(with outdoor sales area) located at 2705/07 E. Parleys Way in Salt Lake City into a new, smaller building(without outdoor sales area). In addition, I have included an analysis of the capacities of the roadways that are adjacent to the site. Size and Land Use of Existing Building The existing building contains 113,227 square feet and has an outdoor sales area of 6,940 square feet(for a total sales area of 120,167 square feet). Big Kmart occupied 93,027 square feet of the existing building and 6,940 square feet of outdoor garden sales area(for a total sales area of 99,967 square feet). Total Body Fitness occupied 20,200 square feet of the existing building. Size and Land Use of New Building The proposed new 91,750 square foot building would be a Walmart with grocery but without an outdoor sales area. Trip Generation " Big Kmart and Walmart are ITE Land Use 813. Total Body Fitness is ITE Land Use 492. The trip generation rates for the land uses come from the ITE Trip Generation Manual, 8th Edition. Table One shows the trip generation rates based on a per unit basis as provided for the AM, PM and Saturday peak periods and daily traffic rates for a weekday and Saturday. Multiplying the trip rate by the facility sizes provides the trip generation for the site by land use. Based on the ITE Trip generation rates, the proposed new Walmart building is smaller than the existing Big Kmart/gym building and therefore generates less traffic than the existing Big Kmart/gym building. During the PM peak, the site will generate 24% less traffic and 19% less traffic on a daily basis. Capacities of Adjacent Roadways The main entrance to the site is on Parleys Way. There is a secondary access over the private road off Parleys Way across from Maywood Drive. There is a third access point P.O.Box 521651 Salt Lake City,UT 84152 1 (801)949-0348 fax(801)582-6252 atrans@comcast.net through the public road to the northeast of the site called "Stringham Avenue" that connects to SR 186(Foothill Blvd). Both Parleys Way and SR 186 (Foothill Blvd) are five lane arterial facilities as defined by UDOT and Salt Lake City. A five lane facility has a daily capacity(Level of Service, LOS E)of 39,000 Average Doily Traffic (ADT)with a LOS D operating at 30,500 ADT and a LOS C at a 26,500 ADT. In 2008,Parleys Way had a daily ADT of 12,050 and SR 186 (Foothill Blvd) had an ADT of 41,110. SR 186 (Foothill Blvd) is operating above capacity and therefore is experiencing congestion during the peak times. Parleys Way is operating below capacity (it is only using 31% of its capacity) indicating that it is operating at a LOS A. If the new building were assumed to be a new land use and if all 4,515 ADT were placed on Parleys Way, then the utilization of Parleys Way would increase to 42%, still a LOS A. It should be noted that since the new Walmart building is smaller than the original building, the area required to support the building is less than the entire site and approximately 1 acre of excess land is now available. No uses have been identified for this excess land. Please contact me if you have any questions. Sincerely, A-Trans Engineering hh Joseph Perrin, PhD,PE, P i OE Principal P.O.Box 521651 Salt Lake City,UT 84152 2 (801)949-0348 fax(801)582-6252 atrans@comcast.net Table One Trip Generation !i Tri t Rate Tiri I s Facility ility Size ITE Land AM PM Saturday Weekday Saturday ' AM PM Saturday I Weekday Saturday (in 1,000 sf) Use Peak Peak Pe::k Peak Peak Peak • Existing Big K(with -11 W r ( f outdoor sales areal 99.967 'j 813 1.84_3.87 5.01 49.21 57.5 184 - 387 501 4,919s 5,748 Body lF I i� Fitness j 20.200 492 1.21 4.06 2.6 32.93 20.87 24 82 53 665 422 Total Mill. 208 469 553 5,585 6,170 New Walmart 91.750 813 1.84 3.87 5.01 49.21 57.5 169 355 460 4,515 5,276 Difference -39 -114 -93 -1070 -894 P.O.Box 521651 Salt Lake City,UT 84152 3 (801)949-0348 fax(801)582-6252 atrans@comcast.net 21A.26.030: CB COMMUNITY BUSINESS DISTRICT: A. Purpose Statement: The CB community business district is intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods. The design guidelines are intended to facilitate retail that is pedestrian in its orientation and scale, while also acknowledging the importance of transit and automobile access to the site. B. Uses: Uses in the CB community business district as specified in section 21A.26.080, "Table Of Permitted And Conditional Uses For Commercial Districts", of this chapter are permitted subject to the general provisions set forth in section 21A.26.010 of this chapter and this section. C. Planned Development Review: Planned developments, which meet the intent of the ordinance, but not the specific design criteria outlined in the following subsections, may be approved by the planning commission pursuant to the provisions of chapter 21A.55 of this title. D. Lot Size Requirements: No minimum lot area or lot width is required, however any lot exceeding four (4) acres in size shall be allowed only as a conditional use. E. Maximum Building Size: Any building having a fifteen thousand (15,000) gross square foot floor area of the first floor or a total floor area of twenty thousand (20,000) gross square feet or more, shall be allowed only as a conditional use. An unfinished basement used only for storage or parking shall be allowed in addition to the total square footage. F. Minimum Yard Requirements: 1. Front Or Corner Side Yard: No minimum yard is required. If a front yard is provided, it shall comply with all provisions of this title applicable to front or corner side yards, including landscaping, fencing, and obstructions. 2. Interior Side Yard: None required. 3. Rear Yard: Ten feet (10'). 4. Buffer Yards: Any lot abutting a lot in a residential district shall conform to the buffer yard requirements of chapter 21A.48 of this title. 5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may be located in a required yard subject to table 21A.36.020B of this title. 6. Maximum Setback: A maximum setback is required for at least seventy five percent (75%) of the building facade. The maximum setback is fifteen feet (15'). Exceptions to this requirement may be authorized as conditional building and site design review, subject to the requirements of chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirementfor any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following: a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture. b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance. Appeal of administrative decision is to the planning commission. 7. Parking Setback: Surface parking is prohibited in a front or corner side yard. Surface parking lots within an interior side yard shall maintain a twenty foot (20') landscape setback from the front property line or be located behind the primary Amok, structure. Parking structures shall maintain a thirty five foot (35') minimum setback .a from a front or corner side yard property line or be located behind the primary structure. There are no minimum or maximum setback restrictions on underground parking. The planning director may modify or waive this requirement if the planning director finds the following: a. The parking is compatible with the architecture/design of the original structure or the surrounding architecture. b. The parking is not part of a series of incremental additions intended to subvert the intent of the ordinance. c. The horizontal landscaping is replaced with vertical screening in the form of berms, plant materials, architectural features, fencing and/or other forms of screening. d. The landscaped setback is consistent with the surrounding neighborhood character. e. The overall project is consistent with section 21A.59.060 of this title. Appeal of administrative decision is to the planning commission. ,o,, G. Landscape Yard Requirements: If a front or corner side yard is provided, such yard shall be maintained as a landscape yard. The landscape yard can take the form of a patio or plaza, subject to site plan review approval. H. Maximum Height: Thirty feet (30'). I. Entrance And Visual Access: 1. Minimum First Floor Glass: The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of windows on the front facade, shall not have less than forty percent (40%) glass surfaces. All first floor glass shall be nonreflective. Display windows that are three-dimensional and are at least two feet (2') deep are permitted and may be counted toward the forty percent (40%) glass requirement. Exceptions to this requirement may be authorized as conditional building and site design review, subject to the requirements of chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director may approve a modification to this requirement if the planning director finds: a. The requirement would negatively impact the historic character of the building, b. The requirement would negatively impact the structural stability of the building, or c. The ground level of the building is occupied by residential uses, in which case the forty percent (40%) glass requirement may be reduced to twenty five percent (25%). Appeal of administrative decision is to the planning commission. 2. Facades: Provide at least one operable building entrance per elevation that faces a public street. Buildings that face multiple streets are only required to have one door on any street, if the facades for all streets meet the forty percent (40%) glass requirement as outlined in subsection 11 of this section. 3. Maximum Length: The maximum length of any blank wall uninterrupted by windows, doors, art or architectural detailing at the first floor level shall be fifteen feet (15'). 4. Screening: All building equipment and service areas, including on grade and roof mechanical equipment and transformers that are readily visible from the public right of way, shall be screened from public view. These elements shall be sited to minimize their visibility and impact, or enclosed as to appear to be an integral part of the architectural design of the building. J. Parking Lot/Structure Lighting: If a parking lot/structure is adjacent to a residential zoning district or land use, the poles for the parking lot/structure security lighting are limited to sixteen feet (16') in height and the globe must be shielded to minimize light encroachment onto adjacent residential properties. Lightproof fencing is required adjacent to residential properties. 21A.26.040: CS COMMUNITY SHOPPING DISTRICT: A. Purpose Statement: The purpose of the CS community shopping district is to provide an environment for efficient and attractive shopping center development at a community level scale. B. Uses: Uses in the CS community shopping district as specified in section 21A.26.080, "Table Of Permitted And Conditional Uses For Commercial Districts", of this chapter are permitted subject to the general provisions set forth in section 21A.26.010 of this chapter and this section. C. Planned Development Review: All new construction of principal buildings, uses, or additions that increases the floor area and/or parking requirement by twenty five percent (25%) in the CS community shopping district may be approved only as a planned development in conformance with the provisions of chapter 21A.55 of this title. D. Minimum Lot Size: • 1. Minimum lot area: Sixty thousand (60,000) square feet, excluding shopping center pad sites. 2. Minimum lot width: One hundred fifty feet (150'). E. Minimum Yard Requirements: 1. Front And Corner Side Yard: Thirty feet (30'). 2. Interior Side Yard: Fifteen feet (15'). 3. Rear Yard: Thirty feet (30'). 4. Buffer Yards: All lots abutting property in a residential district shall conform to the buffer yard requirements of chapter 21A.48 of this title. 5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may be located in a required yard subject to table 21A.36.020B of this title. F. Landscape Yard Requirements: A landscape yard of fifteen feet (15') shall be required on all front and corner side yards, conforming to the requirements of section 2 1 A.48.090 of this title. G. Maximum Height: No building shall exceed forty five feet (45'). H. Access Restrictions: To maintain safe traffic conditions, lots in the CS community shopping district shall not exceed one driveway per one hundred fifty feet (150') of frontage on arterial or major collector streets. The location of driveways shall be subject to review by the development review team through the site plan review process. I. Effect Of Planned Development On Minimum Standards: Pursuant to chapter 21A.55 of this title, the planning commission may modify the standards set forth in subsections D through H of this section in the approval of planned developments within this district. Community Business (CB) and Community Shopping (CS) Districts - - Comparison of Allowed Uses Wal-Mart is requesting an amendment to the Salt Lake City zoning map to rezone the property located at 2705 E. Parley's Way from Community Business (CB) to Community Shopping (CS). The following table provides a comparison of uses that are allowed in the (CB) and (CS) Districts. Each use is classified as a Permitted (P) or a Conditional (C) Use, and are defined as follows: "Permitted Use" (P): Uses that are permitted "by-right", provided that they comply with all stated requirements of the zoning ordinance, and their applicable city, state, and federal regulations. "Conditional Use" (C): A land use that because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses may not be compatible in some area or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. (-): Use not allowed in the zoning district. Permitted and Conditional Uses By District EXISTING ZONE: PROPOSED ZONE: USE Community Business Community Shopping (CB) (CS) RESIDENTIAL: Assisted living center, large P - Assisted living center, small P - Group home, small P P Living quarters for caretaker or P P security guard Mixed use developments P P Multiple-family dwellings P P Nursing home P - Rooming (boarding) house C C OFFICE AND RELATED USES: Financial institutions with drive- P P through facilities Financial institutions without drive- P P through facilities EXISTING ZONE: PROPOSED ZONE: USE Community Business Community Shopping (CB) (CS) 'Medical and dental clinics and offices P P Offices P P Veterinary offices, operating entirely within an enclosed building and keeping animals overnight only for P P treatment purposes RETAIL SALES AND SERVICES: .Automobile repair, major - C -Automobile repair, minor P P 'Car wash as accessory use to gas station or convenience store that sells P P .gas . Car wash, with or without gasoline sales Conventional department store 'Furniture repair shop P P '"Gas station" C P 'Health and fitness facility P P Liquor store C C Mass merchandising store - P ;Restaurants with drive-through P ifacilities 'Restaurants without drive-through P facilities Retail goods establishments with drive- P ;through facilities P !Retail goods establishments without -4 drive-through facilities P P ;Retail services establishments with P drive-through facilities :Retail services establishments withoutAsk P drive-through facilities �.; Speciality store - P Superstore and hypermarket p store - p EXISTING ZONE: PROPOSED ZONE: USE Community Business Community Shopping (CB) (CS) Upholstery shop P P INSTITUTIONAL (SITES <2 ACRES): Adult daycare center P P Child daycare center P P Community recreation centers on lots p p less than 4 acres in size Government facilities (excluding those p p of an industrial nature and prisons) Libraries C C Museum P P Music conservatory P P Places of worship on lots less than 4 p p acres in size Schools, professional and vocational P P Seminaries and religious institutes P P COMMERCIAL AND MANUFACTURING: Laboratory, medical, dental, optical P P Laboratory, testing - C Motion picture studio P Photo finishing lab - P Plant and garden shop, with outdoor C C retail sales area RECREATION, CULTURAL AND ENTERTAINMENT: Amusement park - P Art gallery P P Art studio P P Commercial indoor recreation - P Commercial outdoor recreation - C EXISTING ZONE: PROPOSED ZONE: USE CommunityBusiness Community Y Shopping (CB) (CS) Community gardens P P Dance studio • P P Live performance theaters C P Miniature golf - P Movie theaters C P Natural open space and conservation C C areas Parks and playgrounds, public and P P private, on lots less than 4 acres in Pedestrian pathways, trails, and qreenways P P Private club C P Squares and plazas on lots less than 4 P P acres in size Tavern/lounge/brewpub, 2,500 square , feet or less in floor area -" Tavern/lounge/brewpub, more than - C 2,500 square feet in floor area MISCELLANEOUS: Accessory uses, except those that are specifically regulate in this chapter; or P P elsewhere in this title Ambulance services, dispatching, stagin and maintenance conducted P P entirely within an enclosed building Ambulance service, dispatching, staging and maintenance utilizing P P outdoor operations Auditorium - P Bed and breakfast P p Bed and breakfast inn • P P Bed and breakfast manor (in a C landmark site) Agifitk Check cashing/payday loan business P - Communication towers P P Communication towers, exceeding the C C maximum building height EXISTING ZONE: PROPOSED ZONE: USE Community Business Community Shopping (CB) (CS) Crematorium - C Farmers' market - C Flea market (indoor) - P Funeral home - P Hotel or motel C - House museum in landmark sites C C Limousine service utilizing not more C - than 3 limousines Off site parking P P Offices and reception centers in P P landmark sites Outdoor sales and disp►ay C C Park and ride lots C C Park and ride, parking shared with P P existing use Public/private utility buildings and P P structures Public/private utility transmission P P wires, lines, pipes and poles Radio, television station - C Recycling collection station P P Reverse vending machines P P CITY DEPARTMENT REVIEW Walmart Master Plan and Zoning Map Amendment Project Address: 2705 E. Parleys Way Applicant: Ballard Spar LLP representing Walmart Stores Inc. Department/Division: Fire Reviewer: Ed Itchon Phone: 535-6636 Review Comments: No comments received Department/Division: Public Utilities Reviewer: Justin Stoker Phone: 483-6786 Review Comments: No objections. Future development must comply with City regulations. Department/Division: Engineering Reviewer: Randy Drummond, P.E. Phone: 535-6204 Review Comments: Engineering has no concerns regarding this proposal. Department/Division: Transportation Reviewer: Kevin Young Phone: 535-7108 Review Comments: The Transportation Division has reviewed Petition # PLNPCM2010- 00556—A request to amend the East Bench Community Master Plan Future Land Use Map and Petition #PLNPCM2010-00557 -A request to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. When a similar petition request was made a few years ago to rezone this property, a traffic impact study was done and submitted for city review. At that time no traffic improvements were recommended as part of the propose Walmart development. With the new rezone petition, an update letter regarding the traffic impact report was submitted in August 2010 indicating that the size of the proposed store would be less than indicated at the time of the initial traffic report. 'tyith the decrease in size of the proposed building, the trips generated by the development would be less than the number used in the initial traffic report. Since no traffic improvements were initially recommended, it is still expected that no traffic improvements will be needed. If the rezone petition is approved by the City Council, we look forward to reviewing the development plans that will be required to be submit to the City. Any specific traffic related issues would be addressed at that time according to development review procedures. Since Foothill Drive is a State road under the jurisdiction of UDOT, any traffic issues on this road would have to be addressed by them. Department/Division: Zoning Reviewer: Ken Brown Phone: 535-6179 Review Comments: Regarding rezoning of this property to CS zoning, Building Services has the following comments; 1. 21A.26.040C requires Planned Development Review for all new construction. 2. Where a CS zoned property abuts a residential district, a 15' landscape buffer must be provided. 3. Any development proposal must comply with all development standards of the CS zone and other City/County/State regulations. AMIN ,4060.7 Walmart Master Plan and Zonino Amendment—f)enartment/livisinn Review Sugar House Community Council Recommendations and Analysis for the Request by Walmart to amend the East Bench Master Plan and Zoning Map PLNPCM2010-00556 and PLNPCM2010-00557 2705 East Parleys Way Authority At the November 3, 2010 regular meeting of the Sugar House Community Council the following authority was proclaimed: "(Resolved) that the SHCC Maintain its opposition to the Walmart zone change request and charge the PFDC to advocate its position with the Planning Commission and City Council." Community Council Recommendations PLNPCM2010-00556 East Bench Master Plan Amendment The Sugar House Community Council recommends against amending the future land Ammok use designation of 2705 E. Parleys Way from "community business" intensity to u. "community shopping" intensity. PLNPCM2010-00557 Zoning Map Amendment The Sugar House Community Council recommends against the rezoning of 2705 E. Parleys Way from "community business" intensity to "community shopping" intensity. Executive Summary: Owners of the 39-unit Country Club Ridge condominiums who face the property under discussion will be directly affected by the truck dock and turn-around shown in the site plan on file. Without a zone change the truck dock for a remodeled store will remain in the NE corner, furthest from the condominiums. The property has serious access and circulation deficiencies, especially for large trucks. The smaller trucks that service uses within the current CB zone, being much smaller, can negotiate the challenges much easier. The applicant claims that a smaller store to be built if their request is granted will generate less traffic than a remodeled store but additional traffic generated by permitted uses of the 1.15 acre (50,000 square feet) "Area A" have not been considered. Pole signs, including signs intended to be seen from nearby interstate highways, are oak permitted for shopping centers in the requested CS zone. Though City Planners do not currently consider a Walmart to be a "shopping center" as defined in the signage Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way ordinance, it is conceivable that the City Attorney may disagree or that a future Community Shopping development of the property may include a shopping center. The East Bench Master Plan recommends closing minor intersections with Foothill Drive to maximize the traffic flow of Foothill Drive. This proposal forever precludes that possibility for the Stringham stub, and instead ensures its continued use for shopping center access. There are many other deficiencies in this property that are detailed in the "Analysis" section below. Development Agreements and the Planned Development process Development Agreements and the Planned Development process have been suggested as mitigating factors allowing for rezoning approval. The Sugar House Community Council strongly recommends against the use of such devices for this petition. To mitigate the concerns arising from truck circulation a development agreement would need to limit truck size, which would be difficult to enforce. The smaller trucks that service uses within the current CB zone, being much smaller, can negotiate the challenges much easier. Alternatively, but less effectively, a development agreement would need to address the access and circulation itself, but would be limited because the mitigation would need to be applied to State or Federal roads over which the City has no jurisdiction. The Planned Development process would need to address the undefined uses of "Area A." This is best addressed by application of the current CB zoning ordinance. Erecting screens to shield truck lights or as a sound barrier between the condominiums at 2665 E. Parleys Way, adjacent to the truck entrance and truck turnaround shown in the site plan on file, would obscure the mountain view that weighed favorably on the purchase decision of many of these owners. Development agreements have been shown within Salt Lake City to complicate the zoning process so that every parcel is effectively zoned somewhat differently, resulting in dozens if not hundreds of zones. The burden of proof that the agreement has breached falls on local residents, who in the past have had to find the agreement among publicly available records and discuss it with the zoning enforcement officer before the officer can approach the business owner. The Planned Development process has been shown in the past to inadequately address the impact of uses on surrounding neighborhoods, and instead to address relatively inconsequential factors such as building materials, colors and the like. January 31, 2011 Page 2 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way PROJECT INFORMATION: Supplemental Background Information When the KMart building permit was issued in April, 1968, the company was one month more than six years old. The concepts of superstores and hypermarkets were still in their infancy. Zoning had not yet recognized these very large stores, and still classified them as Business (B-3) —the same as a 7-Eleven. No public input was required for development in a B-3 zone, and for many residents the hypermarket being built in their neighborhood was the first they had ever seen. Residents feel that the time to decide what is suitable for this property ended with its zoning in 1995. Department/Division Comments The Community Council takes issue with comments by the Salt Lake City Transportation Division in the 2008 Staff Report. Because residents' concerns are most associated with Foothill Drive, a State highway, we question the degree to which Kevin Young and his staff—all City employees —can comment on that street. Residents are generally more concerned about traffic circulation and excessive speeds than about traffic volumes. Successful development is desired, and people understand Adft that traffic increases will result. A mixed-use development with building sizes adherent to the current zone and fewer generated automobile trips has long been the community preference for eventual construction. Detailed concerns about the traffic study accuracy, truck and automobile circulation are found in the "Analysis" section below. COMMUNITY COUNCIL PRESENTATIONS BY APPLICANT Sugar House Community Council presentation summary: On November 3, 2010 the Sugar House Community Council voted overwhelmingly (by voice vote) to maintain its 2008 opposition to the rezone, and authorized the Parleys Foothill Development Committee to advocate its position before the Planning Commission and City Council. Attendance exceeded room capacity, with close to 200 people present for the discussion. An informal poll of support for the rezone proposal by show of hands showed that 1/4 to 1/3 of attendees were in support. Walmart's representatives showed a "typical" Walmart site plan (not the site plan on file) during their presentation and repeatedly stressed the following points: 1. "The building size will be reduced from 120,000 sf to 92,000 sf, down 23%, with a '" 1.114 corresponding decrease in traffic, energy and water consumption." No mention was made of the +/- 1.15 acre (50,000 square foot developable space) that they call "Area A," or its impact on traffic. January 31, 2011 Page 3 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way 2. "A smaller building size will result in more landscaping." The amount of landscaping was not compared to what current building standards require. 3. "Walmart will add 1900 linear feet of pedestrian walkways." The site plan on file shows these walkways integrated with the curb, primarily around the perimeter, and the continuance of the existing break in the fence behind the store. 4. "There will be a 1.15 acre (50,000 square feet) area in the southeast corner of the parking lot developed according to community priorities." That this could be developed as a gas station —a permitted use under the requested zone —was a concern among trustees. Walmart mentioned their plans to xeriscape the parking lot perimeter for the first time in this meeting. This was also the first time that Walmart stated they would lower the foundation of the building by two feet, compared to the existing building. Additional Sugar House Community Council Trustee concerns included: 1. Recycling of the current KMart building Walmart stated that 90% of the building could be recycled, but would make no commitment that it would be recycled. Past practice by the applicant in other locations indicates that the building would likely not be recycled due to cost. 2. Trustees felt the applicant should not be rewarded for purchasing property not zoned to allow its intended building size. 3. The "domino effect" of adjacent property owners requesting an upzone, and having more standing because one was granted to Walmart. The Foothill Place Apartments, which presented the SHCC with a demolition/redevelopment plan two years ago, was given as an example. Future redevelopment of the Cowboy Grub building complex was also mentioned. 4. Use of Deed Restrictions, in which the owner could discontinue use of the property yet prevent its sale or lease to a competitor, as Smith's has done on 33rd South. Public resources show upwards of 200 empty Walmart stores nationwide. 5. Disapproval of the City's handling of the long-standing problem of water runoff on the north side of the property. While Walmart stated they would correct this at their expense if granted a rezone, trustees felt this City responsibility should not be delayed by a zoning matter. East Bench Community Council presentation summary: The East Bench Community Council voted in support of Walmart's request to rezone by two votes. Attendance was close to room capacity, with approximately 106 people present for the discussion. January 31, 2011 Page 4 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way "` Walmart deftly controlled the meeting, presenting the issue at hand as a decision between a new or a remodeled store —one "with a new coat of paint and a Walmart sign." There was no discussion of the opposing view. One EBCC trustee stated prior to voting that he didn't understand any differences between the current CB and requested CS zones. Walmart's land use attorney was introduced as "another zoning expert for you to ask," in addition to the City's Senior Planner. Walmart's land use attorney downplayed the importance of zoning, stating that zoning was "geeky." Again, the site plan shown at the meeting was said to be "typical." It was not the same plan as what Walmart filed with the City. Walmart made the same points as at the Sugar House Community Council, but with more emphasis placed on the East Bench Master Plan. Walmart stated that they are in compliance with the Master Plan because it states a desire "to create business development opportunities," which they consider to be "Area A." Trail and transit system integration was touted by Walmart, yet the site plan still shows only a walkway integrated with the curb, primarily around the perimeter, and a break in the fence behind the store. ANALYSIS 0001 Master Plan Amendment Non-Residential Land Use Planning Goal: "Provide for needed community services while minimizing the impact of non-residential land uses on the residential community." Elements of the "Business/Commercial Uses" subsection on page 6 of the master plan: • "Many residents desire additional services in the community. A hardware store and medical offices are among the uses most commonly mentioned." In 1987, at the time the master plan was adopted, Kmart was a successful hypermarket (groceries and general merchandise), so one would think that when residents desired additional services in 1987 they would be thinking additional to a hypermarket. Recent surveys reconfirm that preference. • "Redevelopment or at least renovation of some business properties is quite likely and is considered the most desirable approach to meeting future business needs. Two-level buildings, structured parking and other provisions provide considerably more development potential than present use levels at many sites." • "Major zoning changes... are neither anticipated nor encouraged. Changes involving expansion of existing business sites in response to documented needs should be reviewed cautiously and approved sparingly." The degree of participation by residents and the media attention it has created are indication that the community considers this a "major" zoning change. • "More efficient use of existing business properties is the preferred approach to meet future business needs." With only 2% of total East Bench community January31, 2011 Page 5 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way acreage occupied by business uses, the master plan recognizes the need for efficient use of what is available. Supercenters and hypermarkets are among the least efficient land uses. • "Expansion of nonconforming business is a related concern. The nonconforming use ordinance states that expansion of nonconforming uses is not permitted." If the expansion of nonconforming uses, such as a supercenter or hypermarket, is not permitted, why should the nonconformity be eliminated by rezoning? This is not a historic property or use; it is a use that the Gray study found 82% of residents would not like in their "ideal" neighborhood. Traffic and Circulation Planning Goal:Maintain an efficient circulation system that minimized traffic volumes on local streets. The "Traffic and Circulation" section on page 7 of the master plan document identifies strategies to cope with the problems of increased traffic: Major Arterial Streets • "Close minor intersections" to maximize the traffic flow of Foothill Drive." and "The city and the state should consider closing vehicular access from some local streets to Foothill Drive."As a major arterial, Foothill Drive is intended to move the highest volume of traffic. Minor intersections include the Stringham stub that the applicant intends to use for ingress and egress. Minor Arterial Streets • "The city should contribute by planting street trees, developing a center median and enforcing parking strip landscaping ordinances along Parleys Way." This street, a minor arterial, is the more attractive entrance to our city from the east, especially if visiting the University or Research Park. The next entry opportunity is 2.7 miles further, at 13th East. The Walmart proposal does nothing to further this master plan recommendation. Urban Design Planning Goal: Enhance the visual and aesthetic qualities and create a sense of visual unity with the community. The "Urban Design" section on page 13 of the master plan document should be used to evaluate any proposal against community desires: Gateway View— Information Center • "The Parleys \Nay site should be considered (for a Gateway View— Information Center) only if the other two sites become unavailable." "The Parleys Way site involves acquisition of a portion of the Kmart property." The other two sites have already been developed. The Master Plan cites "access problems" of the Walmart property as a reason that this is the third choice. January 31, 2011 Page 6 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way Arnmok Public Facilities and Urban Design: • "Since Parleys Way_and Foothill Drive provide primary access into the city, they should be the most attractive streets in the city." The East Bench Master Plan recognizes that attractive and functional streets in gateway locations raise the desirability and value of all properties in the area. The "Summary" section of the Master Plan alludes to the infancy of urban design concepts at the time it was written: • "New development must be sensitive to neighborhood scale and design. while satisfying needs and expectations of the developer. Compatibility with the immediate neighborhood is essential. New developments should not adversely impact residential neighbors." The Walmart proposal is totally incompatible with the 39-unit condominium complex at 2665 E. Parleys Way, adjacent to the truck entry. These condominiums will be subject to near constant backup alarms of trucks and forklifts near the truck dock and in the turnaround shown on the site plan on file with the City. • "Urban design will play an increasingly important role in neighborhood maintenance and preservation... Emphasis will continue to shift from regulating ,wIlk new development to managing and preserving established neighborhoods.... Tools to effectively manage neighborhood stability are continually being developed and refined. Innovative approaches to implementing urban design concepts and proposals may be the solution to many of the problems that the East Bench Community will continue to face." It is apparent that the Walmart proposal is for a retail design little changed since 1968 when KMart was built and which takes no urban design tools into consideration. It is the opinion of the Sugar House Community Council that the proposed master plan amendment substantially contradict's many of the policies, goals and strategies of the East Bench Master Plan and that modifying the master plan would substantially impact the integrity of the community and the master plan. Zoning Map Amendment A. Whether the proposed amendment is consistent with the purposes, goals, objectives, and policies of the adopted general plan of Salt Lake City. Discussion: The following policy documents were considered in evaluating this request: the East Bench Zoning Map (2008), the Salt Lake City Vision and Strategic Plan (1993), the Salt Lake City Transportation Master Plan (1996), and the East Bench Master Plan (1987). January 31, 2011 Page 7 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way Salt Lake City Transportation Master Plan • "The Council discourages through traffic on streets other than arterial streets in residential neighborhoods." Because of the difficulty in turning left from the Stringham stub onto Foothill Drive, customers will exit onto westbound Parleys Way and use use Stringham/ Thunderbird, King or Wyoming Streets to 2100 South, or 2300 East to reach signalized intersections at Foothill Drive. So, while the subject property may be adjacent to state and local arterial routes, customers exiting to the north will use Collector or Local streets. Accessing northbound Foothill Drive is problematic for anyone not already on 1-215; the Country Club can be crossed only at 20th East. Traffic that uses 20th East to cross 1-80 and the Country Club in the 2.7 mile section between 1-215 and 1300 East typically uses Lynwood or Maywood Drives, both local streets, to access the site. Salt Lake City Vision and Strategic Plan • "The Salt Lake City Vision and Streategic Plan, adopted in 1993. states a goal of facilitating "development of complimentary retail shopping opportunities in city neighborhoods and commercial areas of the city." A progress indicator is the "new tax dollars generated annually." The following are three studies of many that conclude that tax revenues by the kinds of uses permitted in a CS zone are less than the cost to taxpayers in additional services, generating a net annual deficit. Understanding the Fiscal Impacts of Land Use in Ohio - by Randall Gross, Development Economics, August 2004 Fiscal Impact Analysis of Residential and Nonresidential Land Use Prototypes - by Tischler &Associates, July 2002. Understanding the Tax Base Consequences of Local Economic Development Programs - by RKG Associates, 1998 East Bench Master Plan Appendix I has specific criteria for zoning changes: • "Proponents must demonstrate that any zoning change is clearly justified by the substantive provisions of this master plan." As shown above, the zoning change clearly does not meet the general goals of the East Bench Master Plan. • There must be a demonstrated need for the new business proposal and documented community support." The Gray and other surveys do not show a demonstrated need, and the majority and degree of community involvement is in direct opposition to this proposal. January 31, 2011 Page 8 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way " "' • "Property must be on a street that can handle the additional traffic." Nearby residents recognize that successful development will bring increased traffic. Their concerns are more with traffic circulation and traffic speeds. On Parleys Way excessive speeds, as well as it being considered a gateway to the city, prompted the East Bench and Sugar House Master Plans to recommend the narrowing of street width and installation of a center median and lane narrowing. In terms of mass transit, there is one local bus along Foothill Drive with a stop at the corner of 2300 South and Foothill Drive. It should be noted that to get north by mass transit requires a transfer at 4500 South. There is no mass transit route on Parleys Way. • "Business projects must be of a density, scale and design that will not negatively impact neighboring residential properties." The design and scale of the proposal will negatively impact neighboring residential properties, primarily by relocating the truck docks to the NW corner very near the condominiums at 2665 E. Parleys Way as shown in the site plan on file. In the requested CS zone free-standing buildings within shopping centers are allowed pole signs. Though in 2008 the City stated that this would not be considered a shopping center, it is not outside the realm of possibility that the City Attorney may disagree or that future development of Community Shopping igolik property may include a shopping center. • "Zoning should not be changed to accommodate a new business unless it is adjacent to an existing business." Residents are concerned that this statement may give adjacent property owners more incentive — and legal standing —to request the upzone of their property too. Residents feel that all superstores and hypermarkets should be located near each other, as can be seen along the 300 West corridor, so these companies can compete on price and selection while minimizing the distances traveled between stores and their impact on surrounding properties. • "`Spot or strip' zoning to accommodate new businesses is strongly discouraged." Salt Lake City's Zoning Ordinance defines spot zoning as "the process of singling out a small parcel of land for a use classification materially different and inconsistent with the surrounding area and the adopted city master plan, for the sole benefit of the owner of that property and to the detriment of the rights of other property owners." Residents don't feel that a single property owner should be given preferential treatment, especially after purchasing property that was not zoned to allow their intended building size. • "New businesses should be designed to be a logical extension of adjacent businesses, maintaining complimentary building design and landscaping motifs." This will be the largest building within a two-mile radius and, as the largest commercially zoned property in the East Bench Community it will not be a logical extension of adjacent businesses. January 31, 2011 Page 9 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way Finding: The Sugar House Community Council finds that the request to rezone 2705 E. Parleys Way from C13 to CS is inconsistent with the purposes, goals, objective and policies of the adopted general plan of Salt Lake City. The applicant's zoning map amendment request meets few of the standards of review, with the largest shortcomings from: negative impact on neighboring residential properties, being no logical extension of adjacent businesses, and having inadequate documented public support. B. Whether the proposed amendment is harmonious with the overall character of existing development in the immediate vicinity of the subject property. Discussion: The 2008 Staff Report was inaccurate in this finding. The property *does not* share the Stringham stub access point with Foothill Place apartments. Stringham was truncated by the construction of covered parking for the Foothill Place apartments and now ends at a fence with no curb or gutter at that property line, contributing to the overwhelmed storm drainage along the north end of the Walmart property. This stub has been used only for minor access to KMart and for daytime parking for people working (and running across) Foothill Drive. The impact on the condominiums at 2665 E. Parleys' Way will be discussed elsewhere in this document. irk E k4. S r y - Fi : { ten'"`+` �` �_ "{f':. � y jtv4 40, ` .. ap r _ .1 `- �'t ., '. , * 1 At ,*_.4-„ , , ,,,,,, . . .....,.. t.. %.--._. , r 4.44. : 1..,;-,:,41-74?' L iag'Di�i 9 Ai"T s ! 1k . 6 .._.di Rojo',s L+•.*.r' January 31, 2011 Page 10 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way The three restaurants, coffee shop and convenience store now located to the east of the Walmart property contribute heavily to the walkability score of the Wilshire, Maywood and Lynwood neighborhoods, the Country Club Ridge condominiums and the Foothill Place Apartments. Walkability is a primary element of neighborhood character. Residents have long sought beautification and traffic calming for Parleys Way to slow traffic speeds which often reach 55 to 60 mph as cars pass Wilshire Drive in both directions (45 mph zone) and allow safer and more comfortable pedestrian access to the area from the south. Any development of the Walmart property should seek to improve, rather than degrade, this fragile character element. Most nearby residents want to improve the neighborhood character by shortening the freeway ramps on the southeast end of Parleys Way and making better use of the land there. Widening the adjacent narrow park and extending Wilshire Drive to the north to improve north-south traffic circulation have been suggested. A surprising number of people cross Foothill Drive from their offices on the east side to access the restaurants, coffee shop, convenience store and ATM adjacent to the subject property. Even more surprisingly, there have been no fatalities. The Bonneville Shoreline Trail is located along the east side of Foothill drive. The closest pedestrian crossing is the signalized intersection at Stringham/Thunderbird at approximately 2250 South, 1/4 mile away. Few people will walk an extra mile round trip for a cup of coffee or to visit an ATM. An elevated pedestrian crossing is badly needed. In retrospect, the 4111141 office on the east side of Foothill Drive should not have been built on the property that was listed as the preferred site for the gateway/visitors center in the East Bench Master Plan. Finding: The proposed zoning map amendment will degrade the already fragile walkability in the immediate area with the exception of property across Foothill drive. There it will only exacerbate an already dangerous situation without extensive improvements made to that state highway. C. The extent to which the proposed amendment will adversely affect adjacent properties. Discussion: The windows and balconies of the 39-unit condominiums at 2665 E. Parleys Way are approximately 15 yards from the truck access easement and only a little further from the truck dock the applicant shows in the site plan on file. This access is necessary for the 53-foot trailers the applicant uses for deliveries. Smaller trucks servicing businesses such as those found in CB zones could enter and exit at Wilshire Drive. These residents will have to endure frequent truck engine noise and fumes, and will have the near constant sound of OSHA-required back-up alarms on trucks and fork- lifts. The L-shaped layout of the condominiums and higher elevation of the truck dock area will concentrate the sound from this area. Because Walmart operates their loading docks 24/7 it is probable that lights, including departing truck headlights, will negatively "IN impact these condominium owners. Erecting screens to address the headlights will spoil the mountain view from some of these condominium units. Although Salt Lake January 31, 2011 Page 11 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way Valley Health Department noise regulations limit delivery hours, those ordinances are enforced on a complaint basis and so enforcement falls on residents. -; Walmart Site :Plan on File r w irt:ck Cock w a Truck :._ 44' Turnaround 4 Country C lub,Rid a t}:xit[ing Condominiums ` Offices Foothill • , t Animal Clinic ' r. t Residents south of Parleys Way will mainly be affected by an increase in the number of drivers attempting to travel south without accessing the freeway and turning around when they realize there is no outlet. Several cars per day did this when KMart was open, even with the large "No Outlet" sign at the entrance to the neighborhood. It could easily be a dozen cars and trucks per day with a more successful retail operation like Walmart. Residents along Maywood and Lynwood Drives will bear near 100% of the traffic that crosses Interstate 80 on 20th East, the only way to cross the interstate highway in the 2.7 mile stretch between 1300 East and Interstate 215. Traffic studies done at the time that the offices and restaurant (now Bombay House) were planned showed a significant percentage of trips involved those two streets. Traffic mitigation (speed bumps) were placed on Maywood Drive and streets to the west as a result. There are only 19 houses that have a view of the structure, and only a few have a view unobscured by trees. Most of those 19 homeowners have little or no preference between a new or remodeled structure, knowing that an international chain will do its January 31, 2011 Page 12 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way ''m best to make the structure attractive in either case. Walmart has claimed repeatedly in their public presentations, focus groups and by people paid to collect signatures that the non-conformance status prevents them from doing much more than repainting the structure and erecting a new sign, but Salt Lake City ordinances explicitly show that to be a misleading statement. Residents east of Foothill Drive will be affected by increased traffic on Foothill Drive and by parking lot lighting. While competition favors the most efficient businesses and improves our way of life, Walmart, specifically, has received $13MM in state subsidies in Utah, tilting the playing field against the two most nearby competitors — Fresh Value and RiteAid. The impact of those two stores closing, which is probable, will have a very adverse affect on nearby residential and non-residential properties, and on tax revenues as a result. Walmart requiring its employees to pay 41% of employee health insurance premiums, versus an average 16% for all U.S. employers, per a February 2006 SL Tribune article, increases the relative costs for Fresh Value and RiteAid. The difference is borne by Utah taxpayers in the form of Medicaid. Finding: The proposed zoning map amendment will have unacceptable adverse impacts on neighboring residential properties: the truck and backup alarm noise in the loading dock and truck turnaround area adjacent to the condominiums at 2665 E. AMMilk Parleys Way (Though Walmart's public presentations have consistently stated that truck egress will be via the Stringham stub to Foothill Drive, parking lot grade and customer / truck interaction make that unworkable. The likely plan is the plan on file with the City.); the lights, including truck headlights, shining into the condominiums at 2665 E. Parleys Way; the increased traffic and vehicles turning around within the Wilshire neighborhood, looking for a way south across 1-80; the increased traffic on Maywood and Lynwood Drives for traffic originating south of 1-80; the increased traffic on Foothill Drive; and the deep secondary affects that will result with the closure of Fresh Value and RiteAid, the most nearby competitors. D. The adequacy of public facilities and services intended to serve the subject property, including but not limited to roadways, parks and recreational facilities, police and fire protection, schools, storm water drainage systems, water supplies, and waste water and refuse collection. Discussion:Applicable City departments and divisions were given the chance to review and comment on the proposed rezoning and site plans for the proposed zoning map amendment, but comments from State and Federal transportation departments are likely to be absent. Foothill Drive, a State highway, is most adversely affected, just as it interfaces with Interstate 215, which is under Federal jurisdiction. Traffic circulation and traffic speeds are much greater concerns than traffic volumes;increased traffic volumes are to be expected with any successful development, though the scale of mixed use , development envisioned within the existing CB zone is expected to generate much less traffic than will the proposal under discussion. January 31, 2011 Page 13 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way While the traffic surveys may have been conducted according to industry standards, this property presents unusual traffic circulation challenges. It is dangerous to exit to the north on anything but local streets. It is difficult to access the property from eastbound Interstate 80, where during peak hours traffic already backs up into the through lanes. The traffic survey's largest deficiency is that it neglects traffic generated by the +/- 1.15 acre (50,000 square feet) "Area A" in the south end of the parking lot. While the new store in Walmart's proposal may be smaller than the existing KMart structure, when combined with Area A it could be much larger than the existing structure. Other deficiencies in the traffic study include documented traffic underestimates given by the Institute of Transportation Engineers handbook for supercenters and hypermarkets, the failure to use advanced traffic calculation software that is warranted by Foothill Drive intersections not fully clearing during peak periods, the failure to consider the traffic that backs up into the #2 through lane of 1-80 waiting to merge onto Foothill Drive and Parleys Way, and the failure to consider increased traffic and speeds on Maywood and Lynwood Drives for traffic originating on the south side of 1-80. Considering that in two years Foothill Drive has deteriorated from LOS C to LOS E at peak periods, is it surprising that traffic growth rates were not considered. Traffic study accuracy: Daily trip generations are determined by a handbook based on retail business type and square footage. Assumptions are made as to ingress and egress percentages. Here, traffic generation is presumed to be lower than for a remodeled store (because a new store would be smaller) but no trip generations are included for the 50,000 square foot pad Walmart identifies as "Area A" to the south of a new building. • Underestimated trip generation: Actual trip generation rates for large retail stores such as Walmart, Target and Lowes was found to be 42% higher than the Institute of Transportation Engineers handbook, used to predict traffic based on store type and size. (Georgiena M. Vivian, ITE Journal, August 2006) • Underestimated delays on Foothill Drive: When traffic backs up from one signalized intersection to the next, as it does on Foothill Drive during peak hours, the traffic study is measuring the traffic served and not the traffic demand, which is considerably higher. These cases require special software which was not used for the traffic study provided by Walmart. The intersections along Foothill were not even studied. Specifically 2100 South, which frequently backs up to Thunderbird and to 1700 South. • Too few intersections were considered: Because of the difficulty accessing the site from eastbound Interstate 80 (see below) and the large number of drivers missing the immediate Parleys Way exit January 31, 2011 Page 14 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way and then turning left into the subject property from northbound Foothill Drive, those intersections should be studied. Widening the bridge at the Parleys Way exit from northbound 1-215 would minimize the stopped traffic at that merge. Under current traffic levels peak traffic occasionally backs up into the eastbound Interstate 80 number 2 through lane as drivers wait to be able to merge with exiting northbound 1-215 traffic onto Foothill Drive and Parleys Way on the bridge. That bridge, which serves as an exit ramp to 1-215, may be under Federal control, complicating improvements. Residents along Maywood and Lynwood Drives will bear near 100% of the traffic that crosses Interstate 80 on 20th East, the only way to cross the interstate highway in the 2.7 mile section between 1300 East and Interstate 215. Traffic mitigation was discussed at length and installed on several streets, including Maywood, when the office building east of the Kmart building was built, but was summarily dismissed when mentioned during Walmart's Sugar House Community Council presentation. • Traffic growth rates were not considered: Traffic increase is being generated by residential growth south and east (Kimball Junction) and by business growth in Research Park. Aware that Foothill Drive peak Level of Service has degraded from C to E in two years, it would be negligent not to consider how future traffic growth would affect traffic circulation to and from this site. The recommendation on Page 6 of the East Bench Master Plan to "Limit institutional growth in the University of Utah / Research Park area to the capacity of 1300 East and Foothill Drive and other major streets serving these institutions" has not been implemented. Truck circulation: A new store would be best served by a truck turnaround in the NW corner, as shown in the site plan submitted to the City. This would send trucks back out to Parleys Way at an uncontrolled intersection. Unfortunately this turnaround, and the route to and from it, would be just outside the windows and balconies of the luxury condominiums at 2665 East Parleys Way. • Truck exits to Foothill Drive are problematic: The steep grade from the site to the Stringham Avenue stub and Foothill Drive is problematic when dry, and could be impossible for an empty truck in inclement weather. Trucks drag their rear bumpers transitioning to and from the steep grade. Truck traffic exiting to Foothill Drive via the Stringham stub would cross incoming customer traffic from Foothill Drive and then block two lanes of that major arterial, already at LOS E during peak hours, each time they exited the site ,,l,, from this stub of a street. January 31, 2011 Page 15 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way • Taxpayers would pay for improvements to public roads: Walmart answered this question at East Bench Community Council, repeatedly saying they would recommend changes to the road owners (SLC Corporation for the Stringham stub and Parleys Way, and the State of Utah for Foothill Drive) but that "whether they want to implement our recommendations would be up to them." Automobile circulation: Accessing northbound Foothill Drive is problematic for anyone not already on 1-215; within a 2.7 mile section the Country Club can be crossed only at 20th East. Interstate 80 can be crossed only on 1-215, or at 20th, 17th or 13th East Streets. • Northbound egress is problematic: Local residents avoid left turns from the subject property onto Foothill Drive, preferring instead to exit onto westbound Parleys Way and use Stringham/ Thunderbird, King or Wyoming Streets to 2100 South, or 2300 East, any of which lead to a signalized intersection at Foothill Drive. In winter, Stringham / Thunderbird often has snow plowed up against the parked cars on both sides, narrowing the street considerably. So, while the subject property may be adjacent to state and local arterial routes, customers exiting to the north will use collector and local streets. Residents would like to see Wilshire Drive extended north through this property and through the single Foothill Place Apartment building footprint (when redeveloped) to again connect Wilshire and Maywood with homes and businesses to the north as they were before Kmart was built. • Eastbound 1-80 access is problematic: Access to the subject property from eastbound Interstate 80 must exit onto Foothill Drive via a very tight radius curve onto the 1-215 off-ramp to Foothill Drive then immediately exit onto Parleys Way after traversing a bridge too narrow to accommodate an acceleration lane. Drivers frequently stop and wait for traffic to clear because of the short acceleration land, backing up into the through lanes of eastbound 1-80 during morning peaks. Merging uphill from a stop with northbound Interstate 215 traffic exiting onto Foothill Drive at speeds near 65 mph in an area confined in width is a source of frequent accidents. • Southbound egress is problematic, but less so: Drivers unaccustomed to the area will likely attempt to exit the subject property onto southbound Foothill Drive via the Stringham stup, but will find that drivers who have been delayed in LOS E traffic from 1300 South to Thunderbird will be accelerating to freeway speeds at this point. The Stringham stub joins Foothill Drive at the bottom of a valley; southbound traffic is accelerating due to that, yet traffic exiting the property onto southbound Foothill Drive are often slow to January 31, 2011 Page 16 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way '""pot., accelerate up that hill. Lengthening the duration of the red light at Thunderbird to allow more cars (and delivery trucks) to enter Foothill Drive will only worsen the Level Of Service on Foothill Drive. • Local business Circulation around the site is already poor: Local residents wishing to visit Cowboy Grub restaurant or businesses on the east side of that building, the coffee shop or Chevron, typically use the Cowboy Grub entrance onto Walmart property, ignoring the one-way signage placed there because of the narrow paved area. The Stringham stub, which was terminated by construction of covered parking for Foothill Village Apartments in 1973, is lightly used because it is too narrow and has a large hump where the storm drain is located and which causes many vehicles to drag. The Stringham stub typically has cars that belong to workers east of Foothill Drive parked on both sides of the street, further narrowing that access. Pedestrians running across Foothill Drive in the morning and evening hours to and from their cars are a common sight. Finding: The traffic impact study conducted by Walmart's consultant did not consider the full developed square footage of the proposed site plan and had serious deficiencies in methodology and scope. Though Walmart claims they have made congestion mitigation recommendations on Foothill Drive to the appropriate organizations, they are careful to state that "this is a State road and what the state does with it is their decision." — We assume they would make a similar statement for the sharp 1-80 eastbound off-ramp and the narrow bridge that prevents an acceleration lane onto the 1-215 off-ramp as it becomes Foothill Drive and Parleys way. Both would involve Federal input. OPTIONS: Site and Project.Options 1. Approval of master plan amendment and zoning map amendment: This option is discussed and analyzed in the "Analysis" section. 2. Denial of both petitions: Residents recognize that if the master plan amendment and the zoning map amend are both denied, Walmart could still occupy the existing building and operate a supercenter. There is nothing in the Salt Lake City Zoning Ordinance that would preclude Walmart from upgrading the site or the building, or from providing any on-site amenities such as landscaping, regardless of their public statements. Walmart would encounter the same access challenges that KMart had, exacerbated by the much longer truck size (53' trailers) of Walmart's modern fleet than KMart's fleet (28' trailers) were at the time this store was constructed. There is nothing requiring Walmart to remodel a building that is unsuitable to their needs. Walmart could elect not to remodel the store and instead develop the AlMk property according to existing zoning requirements or sell the property to January 31, 2011 Page 17 Sugar House Community Council Recommendations and Analysis—2705 E. Parleys Way someone who would. Walmart's "Neighborhood Market" brand would fit the current zoning requirements. The 2008 Staff Report contains an extensive discussion of the potential feasibility of mixed use development as found in Envision Utah's Urban Planning Tools for Quality Growth but makes several erroneous assumptions that drive the feasibility score down. The source of some of those errors include no assumption for the redevelopment of the Foothill Place Apartments, although the redevelopment proposals that emerge for that property every few years include much higher density. Other erroneous or incomplete assumptions include the posted speed limit remaining above 35 mph and lack of crosswalks on Parleys Way, even though that street has been under discussion for a "road diet" to lower speeds and increase pedestrian crossing ease. The assumptions that there would be no on-street parking is in error, if Wilshire Drive was extended through the property as discussed. All in all, it appears that in 2008 City staff viewed this property and the surrounding streets as substandard already, and therefore is amenable to making them worse, while the immediate neighbors of the property want to make it better. This attitude is likely what led to a covered parking structure being built to create the Stringham stub after the construction of KMart already degraded traffic circulation. January 31, 2011 Page 18 SHCC Meeting Minutes,November 3, 2010 Page 1 of 2 SHCC Meeting Minutes,November 3, 2010 Meeting Minutes — November 2010 SUGAR HOUSE COMMUNITY COUNCIL BOARD OF TRUSTEES MEETING November 3, 2010 The Regular Meeting of the Board of Trustees of the Sugar House Community Council was called to order at 7:00 pm on November 3, 2010 in the meeting room o fthe Sprague Branch Library by the Chair, Cabot Nelson. Trustees in Attendence: Dolores A. Donohoo, Carlyle Harris, Travis Pearce, Elaine Brown, Jim Brown, Larry Migliaccio, Sheila 0' Driscoll, Judi Short, Laurie Bray,Russell D. Callister, Cabot Nelson, Pattie DeNunzio, Benny Keele, Grace Sperry, Christopher Thomas, Ruth A. Price, Philip Carlson, Sarah Carlson, David Mulder, Jason Bradley, Sandra Walsh, Rawlins Young, Amy Barry, Barbara Green, Michael G. Kavanagh, Derek Payne, Sally Barraclough. Trustees Excused: Robin Bastar, Lynne Olson. Trustees Unexcused: Greg Carter. The minutes were read by Trustees individually and approved, without amendment. Reports were given by Chair Cabot Nelson and Secretary Philip Carlson. The Secretary's report included presentation of Trustee Petitions for Scott Kisling and Annalisa Holcombe, both were approved by the Board. Public Comments: A student representative of Westminster College reported on upcoming events and Melissa Lichtenstein complained about agenda mailing. Committee Reports: Reports were given by Judi Short for Land Use and Zoning (LU&Z), Lynne Olsen for Parks Open Space & Trails (POST), Rawlins Young for Transportation, Amy Barry for the Sustainability, Sarah Carlson for Finance and Cabot Nelson for Internet. During reports David Mulder moved the approval of the LU&Z Charter as presented passed Unanimously, and Philip Carlson's motion to disband the Bylaws Committee also passed. Walmart made a 20 minute presentation lead by Cristina Coronado on their Rezone request from CB to CS for their property at 2705 Parley's Way, followed by 20 minutes of Public Comments then 35 minutes of Trustee Discussion on the topic. During Trustee Discussion the motion by Philip Carlson: "Moves (Resolved) that the SHCC Maintain its opposition to the Walmart zone change request and charge the PFDC to advocate its position with the Planning Commission and City Council." Debate on the motion was posponed temporarily on Russ Callister's passing motion, but was resumed Grace SHCC Meeting Minutes,November 3, 2010 Page 2 of 2 Sperry moved to extend debate 15 minutes passed 20-6. The main motion passed. Scott Workman was recognized and thanked for his work on the Sugar House Park 4th of July Fireworks with a round of applause. Other Reports: Business Spotlight: All About Coins, 1123 E. 2100 South presented by Bob Campbell. SH Merchants Association report by Barbara Green, Police Report by Tyler Boelter, Mayor's Office Report by Shawn McDonough, City Council Report by Soren Simonsen, Michael G. Kavanagh read letter from Santa and moved that the SHCC donate $500 to SHMA for Holiday Decoration followed by a motion to refer to Finance Committee by Sally Barraclough that Passed 12- 8. The meeting Adjourned at 9:12pm Philip Carlson, Secretary Sugar House Community Council Summary November 3, 2010 Approximately 200 people in attendance Questions asked and statements made by community (non-trustees): • Walmarts are not attractive sites • Previous mention of recycling building materials—will you actually do it . o Cannot recycle the hazardous materials o Materials that can be recycled will be re-used on-site or used on other local projects © The building is wire reinforced—recycling can't be done o It has been done and can be done o This will have an impact on the entire area—once Walmart is here, it will not go away— it will impact existing stores • The site shouldn't be commercial—it should be residential o There is no such thing as an efficient supercenter—it will devastate the local economy— the community does not want it o Walmart is going there no matter what—what type of building do you want • Would like Walmart to be there— I want the garden center and tire center to be included • Do not support the zoning change—other properties will want to rezone if this one is rezoned • Walmart should build something that complies with our zoning designation • How many people will be employed at this site? o Approximately 300 o Support the existing zoning—Walmart should just remodel —do not want to legalize the nonconforming use • Is there some other leasing company that would be in the middle of a development agreement—other restrictions? o ? Sugar House Community Council—11-3-10 1 • Opposed to rezoning • Why put a Walmart there when there are already so many so close? o There is a community need • Support the rezone Trustee discussion: • Don't need spot zoning and should not do development agreements • Don't mind Walmart but keep zoning—it is better to keep the building—oppose to development agreement • In favor of rezone • Walmart knew what the zoning was when they purchased the property • Opposed to rezoning, o Don't understand why Walmart would want a smaller store o Community wanted CB in '95 —zoning should be kept • The master plan does not reflect the entire community—only the vocal few o Don't want abandoned store—Are there things in place that would prohibit a competitor from occupying the site o The project does not meet the master plan goals • How tall is the proposed building? o Highest point= 33' average = 26' o Trustee vote—oppose rezone Si nar Hnrica Cnmmnnih,Cnrinril—11_1_1n East Bench Community Council Summary October 20, 2010 Approximately 80 to 90 people in attendance Walmart summarized proposal including previous proposed rezoning request and current remodel permit Questions asked and statements made by community: o Please elaborate on the traffic study o Traffic engineer explained study • Are changes proposed on Parleys Way particularly related to eastbound traffic making a left turn onto the Walmart site? o There are no changes proposed other than possibly re-timing the light o The proposed development plan shows that the site will be re-configured to create a clockwise traffic flow for truck delivery to eliminate trucks having to make a left on Foothill. Can't this happen with a remodel without having to change the zoning? o Yes, it can and would happen with the remodel; however, truck circulation behind ANIIIN the building and onto Stringham will be difficult o Won't trucks exiting onto Foothill create traffic problems? o Trucks will be making right turns only so it would be better than trucks making a left turn from Foothill. Also, the configuration of a new store would allow more room between the truck loading dock and the Stringham exit. o Hours of deliveries? o Don't know the specific hours of deliveries now but Walmart principals are for safe and efficient deliveries. This means that trucks would probably not be delivering during peak traffic hours. o There will be an increase in cars turning left onto the property from Foothill. This will be dangerous. o The traffic consultant has proposed changes to the Stringham/Foothill intersection but Foothill is State owned and controlled. It is the State's decision to whether or not changes should be made. o If the proposed store is smaller than the existing building, will services be reduced? o There will not be tire and lube service. All other services will be there, there just won't be the selection of the same type of product that you would find in bigger stores. ANN o The stop light on Parleys is inefficient. Can direct access from the freeway to the property be constructed? o UDOT owns the off-ramps and generally does not allow direct access to private property. There are also grade issues. • I hear a lot of could do but not will do. Also, what will happen on the 1 acre pad site? Restaurants do not do well. o Walmart is committed to doing what they say they will. They say "could" because it depends on City approval. The future use of the pad site is unknown at this time. Want to work with the community to determine best use. • What uses (services) are planned in the proposed store? o Typical Walmart services and products except for the tire and lube center. • There has not been a lot of growth on the east side. Most of the growth is on the west side of the city. The needs are already met by existing businesses. Is the goal to pull people from outside of the City? o The goal is to serve community needs • The area is over saturated with grocery. Don't want to see vacant sites if they close down. • Can't Walmart get a variance to allow them to build a new store? o Planning responded—would be a use variance which is not permitted by state or city code • Asking for a change in zoning. Need to focus on that. Why is a change in zoning being requested to build a smaller store? o ? EAST BENCH COMMUNITY COUNCIL Wednesday, November 17, 2010 Anderson Library 7:00 p.m. — 8:45 p.m. Welcome Gene Moffitt II. Pledge of Allegiance Kim Peterson III. Business Items a. SLC Police Department Report Don Ouimette — Detective 801-330-0246 Detective Ouimette was ill. Sergeant Hatch gave the report. Vehicles were stolen in the area when people would start their cars to warm up and leave it running while going inside. Also, please make sure garages are kept closed and doors locked. Illuminating your property is suggested as is letting neighbors know when you are out of town. Please be cautious to limit these crimes of opportunity. The community was asked to watch out for "mobile drug deals." Watch for 2 cars meeting up. One person gets in the other car for a few moments and then each car departs. This happens in all neighborhoods. b. SLC Mayor's Report Shawn McDonough Shawn McDonough was ill. The city website is www.opencityhall.com. Or slc.gov To find our community council information, Click: Join in, Community Council, East Bench Community Council. c. Mayor's Breakfast Report Gene Moffitt Glendale Community Council reported on their neighborhood. Mayor Becker reported on the Federal Grant for building a street car line into Sugarhouse. Construction will begin in 2011. Eventually the line will connect with other areas, forming a small loop. This will be different than TRAX but rather a streetcar. d. Emergency Preparedness Cathy Knight Peter Cook is working with the city and neighborhoods to form a response team. A clipboard was passed for signing up for CERT training that will be in our area in January 2011. A signup sheet for Block Captains was also circulated. Block Captains , would be responsible for sharing information with the people on their street. e. Wal-Mart Gene Moffitt addressed an allegation that he has spoken with the Planning and Zoning Commission. He denied all allegations. He has spoken with them approximately 15 years ago on building his own home. Everything handed out here in this meeting is acknowledged by the EBCC. Any other flyers are acknowledged/approved by the council. Wayne Mills, from the City Planning Division, discussed the regulations for zoning issues. He directed people to the opencityhall.com website. Wal-Mart gave an abbreviated presentation. A team representing Wal- Mart attended. Wal-Mart owns the land and has a building permit and could begin building immediately. This team believes that building a smaller building would be better, thus the request for the re-zoning. Additional landscaping would be added. The building will be reduced in size, more energy efficient, and would NOT be 45 feet tall as some flyers have claimed. Projected traffic would be less with a smaller building rather than simply remodeling the current building. Information on common questions/comments: Rezoning will not "allow"Wal-Mart into the area. They already own the space and will be opening a store, hopefully in 2012. Mixed use is allowed in both zoning structures. The existing building is 124,000 square feet. They are willing to commit to building a smaller store (currently just under 92,000 square feet). The current building was built in 1968. A new building would be built using current materials and standards. Rebuilding would produce a building approximately 25% more energy efficient. If demolished, 90% of the material is recyclable. Whether rezoning is approved or not, big box stores will not be kept out of the area. There will be no outdoor garden center and no automotive care. There will be grocery. Questions: Truck traffic: Trucks would make right turns into the parking lot. Restrictions: Wal-Mart is willing to put some restrictions into an agreement to be bound by. Energy Efficiency: With a building reduced by 23.5% in size doesn't that automatically reduce the energy being used? The question was raised if the building really is more energy efficient than the current site? If a new building is built, skylights reduce the energy for lighting. The concerns that people have that have not been addressed can be put on opencityhall.com. Walmartonparleys.com will also take comments. Comments: Dollars spent at this Wal-Mart will be kept in our neighborhood rather than going into other areas. Living at the south end of the area many are pleased with the Master Plan and welcome development within that plan. Having a super-center isn't necessary. Traffic will be too dangerous. I like going to Wal-Mart. It will be nice to have a nicer more efficient store. Some take offense at the comments about the type of people who shop at Wal-Mart. I'm voting for the rezoning because of reality. I believe that a new store would be superior to an old store. It is coming either way so I prefer a new better store. A remodeled store is different than a new store in operations. What is being proposed is superior to a remodeled 40 year old building. I have • developed retail and know the difference. Wal-Mart is coming. I am looking forward to Wal-Mart to give us more options in shopping. I am for the zone change. We need to get to work and put together a list of concerns that we want in the development agreement. Vote to rezone with conditions. A suggestion to have the council form a committee to produce a letter with these requests. I am opposed to the rezoning. Will there be walkways for people to walk to the store? I am not in favor of the rezone. We have never had a zoning change in this neighborhood. I think it is an improved store if you remodel because I have a bigger selection of merchandise —which I won't get in a smaller store. We welcome Wal-Mart to the community but we want the future considered and what will it be like in 20 to 30 years. I have done research and I feel like there is a lot of Wal-Mart hate speech and traffic concerns and speculation on the future. I don't see a serious downside to rezoning. I do see a nicer newer building that appeals to me with the rezoning. The city did a city-wide rezone in 1995 and the zoning was changed because the vision was not to have commercial shopping. Zoning runs with the land. A development agreement runs with the land and is difficult to enforce. It was oversight on Wal-Marts part to not change the building when they could. Amok, We were thrilled when K-Mart was built in the 60's. I am for the rezoning. The City Council will have the final say. Wayne Mills says it will probably be in February 2011. The decision makers need to know the reasons behind the vote taken by the council. The ballots were counted by the East Bench Community Council members 3 times by different people each time. 46 people voted in favor of the rezoning and 44 voted against. IV. Items from the floor None. V. Next Meeting will be Wednesday January 19, 2011 7 pm Anderson Library CONTACT INFO: Gene Moffitt . _s-o`f,t',�ao' c Kim Peterson kaooilot@rn;n 3 _..co-- Cathy Knight ca'hvadela Nho`ma l cor' Rob Bauman rbaumanl4@vahoo co^, Laurie Sumsion s:Mso a '.cem Jerry Bergosh j'bergosh@Ema'Lcom Doug MacLean do:7!as79-=0^co--,cis'net Kevin Jones gkeviniones who'mailco n East Bench Community Council Summary November 17, 2010 Approximately 90 people in attendance Questions asked and statements made by community: • Please provide a summary of the new truck circulation o Trucks will move in a clockwise motion with right turns in and right turns out o Walmart will generate more traffic than the Kmart but streets can handle it o Foothill is at capacity at peak hours • Is Walmart willing to agree to other restrictions that the community wants • What is the dollar value of the 50%threshold related to the nonconforming use? o Do not have the dollar value off hand o Can paint and do aesthetic improvements o Can do site improvements © Explain the energy efficiency numbers—they do not make sense. Also, you don't need a rezone to add landscaping. There is a proposed pad site. This will provide additional space for more traffic generators. o Nothing is currently proposed on the pad site. I can just be parking if this is what the community wants o New building will be more efficient than the existing building o I currently shop on 3300 South. Tax money should stay in the City. I support Walmart. o Proposed amendment is not consistent with the community goals and will generate too much traffic. o Walmart will be there regardless of what happens—I would like a new store • A new store is superior to a remodeled store. Look at the Centerville store. The City needs to require good design. o If we are concerned, we need to put together a list of conditions for a development agreement. I support the rezone. • Opposed to the rezone. Rezones can be denied. Walkways can be constructed without the rezone. AIN o Rezoning to CS. Examples of CS zoning include Brickyard and Trolley Square. This will bring in more traffic. • In favor of rezone. East Bench Community Council—11-17-10 1 Sunnyside East Community Council Summary November 30, 2010 Approximately 10 people in attendance Summary: • Walmart made their standard presentation • Walmart explained proposed building height • I provided zoning history and explained noncomplying structure and nonconforming use issue • Pedestrian access across Foothill is dangerous—something needs to be done • What is the approximate customer count? o 355 pm hour trips—this includes both ingress and egress o What are the hours? o 24 hours 7 days a week ' • Regarding traffic mitigation on Foothill—the traffic study proposes an island on Foothill to restrict egress onto Foothill to right out only - UDOT owns and controls Foothill so a permit would have to be obtained from UDOT—the City would have to apply for the permit because Stringham exits onto Foothill, which is a City street—the City could also put in a pork chop island on Stringham to restrict egress to right turn only o There is a rumor that Walmart's intention is to move into this store in order to put Shopko out of business and then move into that store o Walmart reps—that is not our intention—we are investing a lot of money into the klnart property o Provided summary of Sugar House community council meeting o Concern is that East Bench Master Plan needs to be updated—a lot of properties along Foothill are ready to be redeveloped—the Master Plan should be updated before any rezones take place • The City could be more influential in addressing the traffic and pedestrian issues along, Foothill e Foothill is always looked at as a way to move cars— it needs to be looked at for other modes of transportation also (pedestrian, mass transit, etc.) Walmart Proposed Zoning and Masterplan Amendment • Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. Public Comments as of February 1, 2011, 12:27 PM I t" s #lief (\k- , 017 .4" 4 144„ r'Y t; rr lit; li 4 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parleys Way from CB Community Business to CS Community Shopping. Introduction The Salt Lake City Planning Division is reviewing petitions submitted by Walmart to rezone the property located at 2705 E. Parleys Way from the existing CB Community Business district to CS Community Shopping and to amend the East Bench Community Master Plan to reflect the proposed zoning. Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. As of February 1, 2011, 12:27 PM, this forum had: Attendees: 546 Participants: 97 Hours of Public Comment: 4.9 As with any public comment process, participation in Open City Hall is voluntary. The statements in this record are not necessarily a representative sample of the whole population, nor do they reflect the opinions of any government agency or elected officials. Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements Eric Lipps in Salt Lake City January 27, 2011, 7:06 AM I am a cdl truck driver. I am in favor of Walmart's proposal to rezone the Parley's Way property. I've lived in Utah since 2003. This rezoning request is a good thing for everyone... I've done alot of demolition projects and they recycle everything... very little will see the landfills. The construction project means local money will be spent here. which means tax revenue which means road repair, schools etc. I'm not the smartest guy but I am in a position to know opportunity for everyone. I'm just glad walmart isn't being cheap and WILLING to spend the money HERE to make UTAH a better experience. Melanie Wolcott-Klein in Salt Lake City January 26, 2011, 4:59 PM I grew up in the neighborhood just North of the current eyesore that was once KMart. I now live close-by in Highland Park. I value my community and the neighborhood where I live. This is why I have chosen to stay close to my roots. I have always thought that a Walmart would be the perfect addition to the area. When I heard that the property was bought by Wal-Mart I was so excited! Finally, a Walmart close-by. I had not shopped at KMart for the last several years it was in business, frankly, because the ANN building and asthetics were very run down. I was afraid to have to take one of my kids to the bathroom there for one of their "potty emergencies" (since we were potty training at that time). I can't imagine that Walmart would be able to upgrade the existing structure to a reasonable useable state. It would make much more sense for them to rebuild, adding much needed aesthetics to the area and the obvious much lower environmental impact. I have heard that one of the arguments for not having a Walmart in the area is the "caliber of people" who would shop there. I would imagine that many of the detractors are the powerful, wealthy folks who live in the Country Club area and the expensive area above Foothill. In my experience with Walmart stores the newer ones are much better taken care of and it feels like the customers take better care as well. The older, more run down stores are less inviting and I find, actually harder to shop at. I guess you could say that I'm an "East side snob" in the sense that I think my community is the greatest and I would not want to live "on the West side." I do not want to have undesirable people in my neighborhood either but I think that a well run, new, efficient Walmart would be much better that the existing concrete jungle that sits there now. It would attract residents from those neighborhoods, as well as University and business people who are entering the freeway at that entrance. As far as the shopping versus business rezoning, it just makes sense to have it listed as shopping. That is what it will be regardless. Right near there are restaurants, a gas station, a coffee shop and some businesses. What a great mixed use opportunity! Amok Please stop "playing the game" of politics and do the right thing. A beautiful new Walmart should be allowed to build in that spot. I am very happy to contribute additional statements and support for this matter. Feel free to contact me any time. Esther Hunter in Salt Lake City Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements January 26, 2011, 3:05 PM fyi.... National Trust for Historic Preservation. Helping people protect, enhance and enjoy the places that matter to them. "Just this morning Wal-Mart announced their decision to withdraw plans for a Supercenter to be built within the boundaries of Wilderness Battlefield. Thank you for taking action in support of saving Wilderness Battlefield from development of a Wal-Mart Supercenter. The National Trust has fought hard, with our partners in the Wilderness Battlefield Coalition and with our dedicated supporters like you, to convince Wal-Mart to relocate their store to another, more appropriate location in Orange County. We commend Wal- Mart's decision to work with the local community to find an alternative site for development." • Carol Kramer in Salt Lake City January 26, 2011, 2:48 PM I am in favor of Walmart's proposal to rezone the Parley's Way property in order to build a new store. This will be a good use of the property and offer close-by shopping to the neighborhood. However, I am very concerned about the traffic patterns in the immediate area. Right now, if you come off the 215 off-ramp onto Foothill Blvd it can be very congested with people trying to turn left into the businesses along there. It is very likely the traffic and left-turning line-ups will be much worse with a Walmart than it was when Kmart was in there. Since there is no traffic light there to facilitate left-turns I think this will be a big problem. When it was Kmart, the access from Foothill Blvd was down a small hill via a narrow driveway to the east side of the building. Will this be the same access to the Walmart? Also, if people try to exit Walmart from that same driveway and want to turn left onto Foothill Blvd without a light, it would be nearly impossible given the heavy traffic on Foothill. If the Foothill access can be figured out and controlled I am in favor of Walmart. William Bleak (rhymes with Steak) in Salt Lake City January 26, 2011, 2:29 PM There really should be no argument on this issue. There WILL be a WalMart on the Parley's Way property regardless. The only question is should our community leaders support a multi-million dollar,jobs creating project to tear down the old structure as well as another multi-million dollar project to build a smaller, more energy efficient and more seismically safe building. Why isn't the answer an overwhelming "YES"? Look at every other store. Look at the labels on your own clothing. Is there a greater share of that merchandise manufactured any differently than what you find at WalMart? That ship has sailed. These anti-WalMart efforts are like people trying to revive the buggy whip industry after the automobile has been invented. This issue is not about WalMart. It is about the competitiveness of American labor(which is the best in the world) AND the quality of the students produced by our schools. That is where the efforts of well intended people should go. Too many American young people believe school is about sports, glee, and socializing. Too many dreams are about American Idol, the NFL or the Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Amok Way from CB Community Business to CS Community Shopping. All Statements NBA. Too much time is spent on electronic games, Facebook or Twitter. Look at the percentages of students (even in IJtah) who need a year of remedial classes prior to regular university classes. We must face the future and not waste time trying to hold onto a past that is long gone. Semi-anonymous in Salt Lake City January 26, 2011, 10:10 AM To All Concerned, Please grant Wal Mart the rezoning they are asking for. Since Wal Mart already owns the property and will be opening a store at this location, I would like it to be a new energy efficient building with proper land scaping. Not granting the rezoning is asking for the eyesore that is standing there now to continue being an eyesore. Thank you for your consideration on this matter. Semi-anonymous in Salt Lake City January 25, 2011, 2:57 PM I know that Walmart is doing the right thing by wanting to replace the old Kmart building. I have driven past that location for many years and I think that it looks terrible and should be replaced. A Walmart up there is a prime central location for college students and young adults living in that area. From a business standpoint I can see the potential for that location being a ,N new building and having a Walmart there to better service that community. With the shorter light posts and more efficient use of the space is what needs to be done. As a consumer--I har,;e had my doubts about Walmart in the past(becoming a monopoly-- running local stores out of business)but I have studied more into it and quite frankly, Walmart has a business plan that is phenomenal. They have seen that the economy has gone down and they have adapted to that factor. People can hate Walmart all they want, but by the end of the day (if they are in the same financial situation I am in) they will still shop there because of lower prices. Regardless of if they get a rezoning permit, they will be there. Why not embrace having a new building that looks better than a run down, white, cinder-block building? Simply, that building needs to go and having a Walmart there will service many neighborhoods that need to cut costs on everyday needs. Kenneth Hauritz in Salt Lake City January 25, 2011, 11:07 AM Hey, I am not a big Walmart fan, however Kmart let that property got to crap! Walmart should be able to have the store there & as big as the existing Kmart that also had an auto center. I think the Home Depot on Highland Dr. is a good example. I don't see traffic or other issues with that store. Do we need another "big box store" I don't know, but one already existed! Let Walmart have the store, make it blend with the area, or put a park there! Semi-anonymous in Salt Lake City January 25, 2011, 10:49 AM i think a new building would be the best choice. why remodel and old out dated building. i dont know what condition the building is in exactly but the age of it would make me think a new one '"""IN would be much safer. if there id going to be a walmart there why not make it look nice and fit into the neighborhood rather than be an eye sore in that old worn out building. Semi-anonymous in Salt Lake City January 25, 2011, 9:40 AM I feel a new smaller Walmart would be a wise decision rather than reusing the existing building. Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements A smaller more energy efficient Walmart would not only help the enviroment, but it would help the community. In an area where there are a significant number of retired persons that may not be able to get around as well, a smaller Walmart would be easier to shop. I have experienced this first hand as I work at a smaller Walmart and see people every day that are able to maintain their independence when shopping in the smaller store. Walmart is always very willing to offer assistance when needed, but to the elderly and disabled community being independent in all ways possible is most beneficial to all. Semi-anonymous in Murray January 25, 2011, 8:09 AM Please note that I do not live in that area, but I can't understand why a new, reasonably-sized Walmart would not be better than trying to re-use an old building. As I understand it, there WILL be a Walmart there one way or another, so why not a new store? I am not a big Walmart fan. I used to live near the one on Ninth East which is right across the street from a K-Mart, and if I needed something quick and no groceries, I usually went to the K-Mart! It's mostly a crowds thing. Now I live near the Murray Shopko and tend to run there for something quick. If I did live in that neighborhood, since there is no longer a K-Mart, I would certainly go to the Walmart up there. Like it or not, everyone likes at least one nearby store of this type. Like most people, I go to Walmart for certain ad items and other things at least once every month or two. The detractors can't stop Walmart; why not have a new one? David Thackeray in Salt Lake City January 25, 2011, 8:06 AM I am puzzled by this debate. The site is already zoned commercial. Walmart isn't doing anything illegal, immoral, or unethical. Every time I drive by the proposed site I think of a shopping experience of walking up a slippery parking lot, my car getting dinged by runaway shopping carts, and walking around a building with wet floors because the roof leaks. Why would anyone be opposed to having a well run business put in a new store that brings discount shopping,jobs, and high sales tax revenue to the community? Patrick Taylor in Salt Lake City January 24, 2011, 8:29 PM My wife and I are very much in favor of allowing walmart to put a smaller, more energy efficient store at the E Parley's Way location. It is near our home (Sunnyside and Foothill) and will be a much more convenient place to shop than is presently available in our part of Salt lake. We see no downside to this decision for the public. We appreciate the opportunity to comment on this important issue. Patrick and Joan Taylor David Shields in Salt Lake City January 24, 2011, 6:00 PM A city that refuses major updates to old buildings and parking sites is asking for the development of an ever increasingly obnoxious eye sore. Tear down the old, up with the new and make the business community more competitive. Our federal government says inflation is only 1 to 2 percent and that is purely a lie. We all see the inflation in our ever flatter wallets. Bring on the competition and the lower prices for the things we need. Every other major department and grocery store could have done what Walmart has done, but they refused to do so. So let those that want to pay higher prices pay them. Let the rest of us get what we need at the best price we can. william chavez in Salt Lake City January 24, 2011, 5:47 PM Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's "" Way from CB Community Business to CS Community Shopping. All Statements in any community where Wal-mart has established or is attempting to establish a store location,the the benefits and the revenue brought to the community are considerable to say the least!when I go for an avg shopping tripat walmart, Ispend maybe $60.00. if i shop elsewhere, I typically pay close to or MORE than$100.00! with the economy being in it's current state, we CANNOT afford to be emotional about the creation of this Wal-Mart location. The jobs created in the construction and day-today operating aspects of this store will bring relief that SEVERAL people NEED here in Salt Lake City! In addition to the reasons already stated, the former businesses in the area were of a similar nature.RETAIL stores! Imay not know the finer points of re-zoninga property,but it seems to me that changing from one retailer to anotherMORE NOTABLE and successful retailer is not even an issue worth debating. Nationwide people are struggling and looking for jobs and savings wal-mart is known for its willingness to train and hiremen and women fromevery conceivable demographic group. for people like me who are disabled and have a difficult time finding willing employers to take a chance on us,wal-mart is A GODSEND! Approve the project make the change and take the opportunity to bless the lives of the people of salt lake with the things they need most:JOBS and REVENUE for a city that is struggling to keep businesses afloat in some areas.It's not a difficult choice ! FIGURE IT OUT! Sincerely, William D. Chavez *01-485-2633 Randy Wood in Salt Lake City January 24, 2011, 5:30 PM As a life-long resident of the Parley's area of the Foothill/Sugarhouse area of Salt Lake City, Utah, I am very strong support of Wal-Mart's rezoning initiative. Regardless of personal shopping pretences, I am total agreement with their sound strategy to beautify this worn-down, drab looking, eye-sore of a building. As a younger person myself, I know that the majority of time spent in the old K-Mart facility has become a giant skating facility for local kids, an area for all-night loitering, a parking lot for skiers, and a meeting place for carpools. The building is very out-dated and regardless of the zoning, I feel that my neighborhood is very uninformed. Many people perhaps feel that the council's rejection of said zoning initiative will stop Wal- Mart from entering our neighborhood. THE FACT IS.... WAL-MART ALREADY OWNS THIS PROPERTY!! As owners of the property, they have a right to use the property for its highest and best use.... RETAIL. Many neighbors and friends (who claim they will never shop there, which I know will ultimately prove to be false) also cite fears about increased traffic and congestion. If you have ever been behind this old K-Mart building you can see that barely ANY vehicle can fit behind it, let alone the semi-trucks necessary to load this building with goods/produce. If Wal-Mart were to refurbish this old building and keep things similar, I feel that the traffic of constant in-and-out from semis that have to make that large S-curve entrance on top of the embankment to a building that can't fit their truck behind it WILL BE A NIGHTMARE IF THEY ARE NO ALLOWED TO REZONE!!! I beg of you all to get familiar with the situation, educate yourself, and let one of the only owners who has the cash in our down economy make the smart decision to beautify and re-zone this property. I am in frill support of the zoning initiative, regardless of my personal shopping Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements preferences or thoughts on Wal-Mart as a corporate entity. Semi-anonymous in Salt Lake City January 24, 2011, 5:19 PM In a weird way, I miss KMart.... and I am ready for Walmart to bring its store to Parley's Way! Though I almost never shopped at other KMart stores, I liked having the garden center so close to home. I liked being able to walk to KMart for miscellaneous things that just come up (fingernail polish, school supplies,ink cartridge, baseballs, baby gift). I think I will really like having Walmart there. And since they are coming, I am in favor of having all that Walmart has to offer. I'd like to be able to take advantage of their competitive prices on food, household items, yard care, etc. I am not in the least bit concerned that our neighborhood will be overwhelmed with Walmart patrons, or that the rezone will allow Walmart to erect a 10 story building....in fact some of those arguements seem paranoid to me. I trust our city to oversee the rezone project. My personal preference would be for a Target store,but they don't own it! So bring on the Walmart. Fix up the unsightly KMart and get involved in our community. There is a great deal of pressure in my country club neighborhood to be ANTI-WALMART/ANTI- RELONE. I just don't subscribe to that idea and I encourage the rezone committee to seek out and listen to all the neighbors, not just the loud ones. Jane Riggs in Salt Lake City January 21, 2011, 3:45 PM Just so "No" to almighy Walmart. They are not a force for the greater good of our people, our communities, our land use, our environment. The last thing we need here is more parking for an even bigger store that everyone has to drive to. The existing jobs could come from another or other businesses that are more local or diverse. Walmart has certainly done enough destruction already. Enough: Semi-anonymous in Salt Lake City January 21, 2011, 2:57 PM I am grossly against a Walmart coming to this neighborhood. I believe that stores like Walmart inherently take away from smaller local businesses and I don't want a giant chain with bad business practices to come near my home. Semi-anonymous in Salt Lake City January 17, 2011, 1:13 AM I'm in favor of Walmart being able to put their BEST foot forward with the store they are "going" to build. Those of us that live in the neighborhood know this is a prime location and we should make sure that the construction of a new store takes full advantage of this site. Why are we so afraid? Look what Home Depot has done for the area on Highland Drive. I'm not sure that the compaign being promoted by the local neighbor, who works for Smiths, is a means to keep the competition out, and if you have shopped at Smiths lately, they could use a little competition. Let's make sure this is an informed decision and one that the majority wants, not just the minority that blows a louder horn. Duke Wimbledon in Salt Lake City January 14, 2011, 12:48 PM Let them tear down the K-mart and fix it up, but please, for the love of god, NOBODY SHOP THERE. Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements Money made in Wal-Marts is going to support foreign economies, and very little of the money stays here in the United States. You don't like to pay more for going to Smiths or Harmons, but sometimes it costs a little extra to buy things made closer to home. The money made at Wal- Marts lines the Walton families pockets, greases our city leaders pockets, and then the money is sent out of the country to underpaid people. BUY LOCAL. The reason our country is going down the tubes is because we are sending our money elsewhere. Don't disregard me as a raving lunatic, either. Think about it for yourself, why is our economy doing so poorly? Jenni Floyd in Salt Lake City January 14, 2011, 10:24 AM I am in favor of the rezone so that Walmart can build a smaller new building that is better than a remodel of the old k-mart building. I have read the flyer that they are giving out in their 13th south store. As long as they stick to the things that they have promised (or as long as the city makes them sign a contract with all the provisions) I support the proposed rezone. I think some people misunderstand the purpose of the rezone. There is going to be a Walmart there no matter if the city rezones or not. The only difference is to rezone so that Walmart can build a new building (nicer and up to current codes, they also promise that it will be smaller than practically ,, any other Walmart at only 92,000 square feet.) As opposed to the current zoning that will only . allow them to remodel the old k-mart building that was built in 1968 and is bigger (120,000 square feet) than their proposed new store. Also the current zoning rules only allow them to remodel with money equal to 50% of the current value of the store to be remodeled. That says to me that they are willing to spend more money than the city is allowing with the current zoning nile. They have promised in their plan for the rezone that there will be better landscaping, bike paths, more sidewalks, better parking lot drainage, etc. If they don't get the rezone they can't do these things because of the 50% cap on money that they can spend. As long as they stick to their proposed plan with a smaller building,better landscaping, etc. Then I think that everyone should be happy and have less complaints than if they only remodel. Thank you Semi-anonymous in Salt Lake City January 11, 2011, 12:21 PM Walmart is one of the few corporations with enough money to do an excellent job of tearing down the old K Mart building and building a brand new EARTHQUAKE PROOF store. It's very important that the 40 year old plus K Mart building be torn down, as it was falling apart when K Mart moved out. Retrofitting for earthquakes is far more expensive than building a new building to the present earthquake code. If residents are thinking clearly they will realize that this NEW BUILDING may be the only one standing after a 7.0 earthquake, and it may be shelter for those whose brick homes are in rubble! Underground parking or covered parking is a necessity in this climate. Let Walmart build a new Amok building, but be sure to include a proviso that parking must be sheltered. Joseph Doubek in Salt Lake City January 10, 2011, 3:23 PM Walmart is not my favorite store. However, since the closing of Kmart, buying those little items that we need on occasion require that we drive to Smith's on 33rd South. This is inconvenient Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements and adds transportation costs to the cost of the things we buy as well as adding exhaust pollution to the atmosphere. If the added traffic problem can be handled, I urge speeding up the approval process and getting the store (either new or a reworked old one) opened ASAP. Katherine Flood in Salt Lake City January 10, 2011, 9:43 AM For Walmart, but erring on the side of caution. I'm as tree hugging and granola eating as they come. But I also read as much as I can from both sides of every argument. I say that if people really want a Walmart closer to Foothill, then the old KMart location is perfect. Walmart's presence may hurt several small retail shops but it may also bring more business to others. Looking at this in a positive light: The parking lot needs to be updated to current emergency codes which Walmart will comply with. The shopping complex as a whole might seem more appealing as Walmart updates the location. This may improve the surrounding community safety wise and aesthetically. More traffic at the Parley's exit may encourage the city to renovate the old ramps. Walmart will also provide more jobs to the area, even if they are minimum wage, they're jobs non-the-less. Another bonus is that in times of natural disaster, Walmart has time and time again come through for their surrounding communities. With the potential future earthquake along the Wasatch fault, it may be handy to have such a large supply center close by. Amy Carmen in Salt Lake City January 8, 2011, 11:39 AM For anyone who is against big box stores, we've had a K-Mart there since I was a little kid (about 40 years ago). Walmart owns the property. They will build a store. Lets allow them to build their 92,000 foot store, which will be smaller than the current K-Mart. The new building will be more energy efficient. They will put in trees and shrubs, which have not been there before. They've offered to have a park and ride area on their property. These are all great assets for our environment! Some of us enjoy the lower prices Walmart has to offer to help our own wallets. Please allow the rezoning for Walmart to build a nice store for us. Let's beautify our community, and improve and update our buildings,just as schools, businesses, and governments are doing. Kerr Brown in Salt Lake City December 16, 2010, 11:53 AM I think that Walmart should be able to tear down the old Kmart and put up a better walmart. I don't how many of you have been to the walmart off of 300 west and 1300 south but that is a terrifying walmart. It would be nice to have one close and more suitable for bringing my children too. Please let them do that so I can feel more comfortable going to a good Walmart. Thank you for your time! Semi-anonymous in Salt Lake City December 14, 2010, 10:36 AM I shop at a lovely new Wa.imart in Tucson AZ everytime I visit my sister - It's fabulous! The store is located in a very HIGH INCOME MULTI MILLION DOLLAR area and fits right in. It is environmentally "green", aesthetically pleasing and offers great products at "competitive" prices to people of all income levels who like to save money. The best part about getting rid of the old KMart building is getting rid of asbestos and putting in garbage containers that can be lowered below the parking lot level and hidden out of sight. I hate having to drive all the way down to 300 West to grab a product that I know will cost three times as much at Dan's or Smiths. But I do it! How's that for saving on the "emissions" problem that the City Council is www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walrnart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements so concerned with? Karen Matthews in Salt Lake City December 2, 2010, 5:33 PM I would like to see Walmart replace the existing building which is currently not in compliance with current zoning. A smaller building, upgraded parking, new landscaping would certainly add to the neighborhood. Karen Matthews P Anderson in Salt Lake City November 29, 2010, 4:03 PM I favor the re-zone option. This is an excellent place for a Walmart to replace K-mart. We need a good big box retailer near our neighborhood with lower prices. Steven Parkin in Salt Lake City November 24, 2010, 12:26 AM I favor rezoning since the redesigned site solves key problems inherent with the old K-Mart site. Namely, we get(1) a level parking lot with less risk of roll-away grocery carts, (2) storm water held on site, solving current drainage problem to city storm line, (3) more green-scape among parking area, (4) new store with modern design and materials, and (5)price competition with other nearby grocery stores. I would love to see a new entrance facade similar to REI on 33rd; something with rough-hewn ,4410 timbers, large iron works, and real stone. In the off chance that Walmart vacates this new building someday, the next tenant will have a better building. I suggest that we approve CS zoning then hold Walmart to our conditions by contract. Thomas Kearl in Salt Lake City November 23, 2010, 11:58 PM I am so tired of my only option being a terrible Shopco in Sugar House. I welcome a new walmart that has city imput to make it neighborhood friendly Semi-anonymous in Salt Lake City November 23, 2010, 9:52 PM If their proposed building is smaller than the existing building, why does Wal-Mart still want a rezone? I also disagree with the officials who say our streets can handle an increase in traffic. Our streets can't handle the current level of traffic. Foothill fails every day, so does 1300 East. We do NOT need more traffic on our streets. Ron Borg in Salt Lake City November 23, 2010, 3:36 PM For goodness sakes, people, please stop the resistance to a nice Walmart coming to the Parley's Way location in SLC. People I know and with whom I have discussed this matter simply cannot understand the city's resistance to Walmart's plans. For one thing, the existing building and most of the parking lot were a K-Mart for many, many years, and the property also at one time supported a very large movie theater. Where is the logic in changing the overall use of that property now? There is plenty of parking, good roads service, and very, very few nearby residential buildings and homes. A new Walmart should be a welcome addition to the SLC www..PeakDemocracy.coin/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements shopping scene, especially in that quadrant where there aren't so many similar shopping choices. Lots of parking, room for a few new restaurants and other services and stores, and even a Park and Ride lot through the courtesy of Walmart. Protectionism against so-called Big Box retailers is unfair and stiffling to growth in the city. By the way, I have absolutely no dog in the fight and rarely shop at Walmart. I just don't like what the city is trying to accomplish here--or failing to accomplish, I should say. Semi-anonymous in Salt Lake City November 22, 2010, 6:10 AM I have read all of the comments made here thus far. The comments in opposition to the re-zoning strike me as notably devoid of logic, reason and fairness and seem to be based instead on one or more of the following: - An embarrassing degree of ignorance: "A re-zoning would allow the store to locate there." Not true; it already is allowed to locate there. "A re-zoning, would result in a larger building than what is there presently." Not true: Walmart has specified a new building that is the same size, or smaller, than the existing building. - Irrationality: "A re-zoning would result in an increase in traffic." How so? Obviously there would be no difference in traffic to speak of between a Walmart with a re-zoning (i.e., in a new building) and a Walmart without a re-zoning (i.e., in the existing building.) And regarding actual traffic: it's not football game-like traffic where everyone is arriving and departing AT THE SAME TIME, or a miles-long stream of cars as in the closing scene of"Field of Dreams." My observation of other Waimarts in the area is that while the parking lots do contain many parked cars indeed, actual traffic leading to and from these lots consists of a steady, low-grade trickle, in reality. Typically, I find myself entering the parking lot off the street and exiting back onto the street in blissful solitude -- rarely is there a car right in front of me, hedging my way. Never have I observed any sort of onslaught or mass exodus of traffic in or out of a Walmart. The groans regarding traffic are unfounded. - Professional jealousy: "We don't need another store in the area. The surrounding, overpriced retail stores are sufficient to meet the needs of the community. And www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements those who insist upon shopping at Walmart anyway are perfectly free to drive to Timbuktu." Translation: "We don't want the competition. We don't want to have to give up our third vacation home, in Ketchum; we don't want to be forced to cut back on the outrageously exorbitant prices that we are accustomed to charging." - Supreme selfishness: "I could care less about the needs or wants of the community at large. All I care about is what I want." - Petty spitefulness: "Though we have no legitimate or truly logical reason for opposing Walmart's re-zoning request, we MUST NOT LET THEM HAVE THEIR WAY! "They're rich; they can afford to adapt to the existing zoning; and, we hate them; therefore, let us stick it to 'em!" "We're going to be forced to lower our prices; we must punish them!" - Contradictory arguments: "The store will be much appreciated by the community, which will result in an increase in traffic!" (vis-a-vis) "Walmart has erred in its market analysis; it will fail at this location." - False propaganda: "All merchandise sold by Walmart is made in China." The Truth: Walmart sells virtually the same, famous-name brand stuff as everyone else --- including a great deal of merchandise made in the USA -- only at markedly lower prices, on the whole.) "Walmart is guilty of human rights violations and crimes against humanity on the order of those committed by Turkish prisons, Third-World dictatorships, 19th-Century slave owners and turn of the century sweat-shop operators; they treat their employees, their customers, and their vendors like garbage." Yeah. That's why those vendors are clamoring for a Walmart account. ''' It's because with Walmart, everyone wins, including the vendor. Regarding the employees, I don't see a bunch of oppressed slaves. 1 see www.PeakDemocracy.com/546 ,.c?n Walmart Proposed Zoning and Masterplan Amendment Please comment on ' almart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements instead a group of cheerful people who seem glad to be there, glad to have a job and glad for the money that they too are able to save. As regards the customer: I, myself, truly, can think of nothing more malicious, more hostile, more downright pernicious, in the world of retail, than a retailer taking advantage of the average customer's ignorance and trust by marking up the price of an item by a factor of two or three or more, temporarily subtracting a tiny sliver of that exorbitant markup, and then telling the customer that he or she is getting some sort of deal, that this is some special "sale" price, that this is an extraordinary value, when in reality, that supposed "sale'' price still is a rip-off and is higher, sometimes far higher, than Walrnart's everyday low price. We see this type of chicanery on a REGULAR basis at the other stores. - Hysterical speculation: "If a re-zone is granted, an Empire State Building or an oil refinery will materialize there by and by which will completely consume the lot and skyline." - Class distinction over thriftiness: "I don't care about saving money. I'd rather shop at expensive boutique stores and have only such stores in my community, since this makes me feel better about myself." - Irrelevant red herrings: "We must not grant Walmart its re-zoning request because the sacred 'MASTER PLAN' saith 'no." The vaunted'Master Plan,' conceived and drawn up by a small, exclusive cadre of community elites in the interest of their wishes only, irrespective of those of the community at large. The fact is, a re-zoning would have NO impact on the so-called "Master Plan," inasmuch as Walmart has every right, as things stand now, with the current zoning, to set up operations in the existing, 120,000 sq. ft. building. Thus, their TRUE motivations lay elsewhere, cloaked as they are by pretenses of concern for "Master plan," "playing by the rules," etc. - Earth worship: "We must revert to natural moonlight only. No electric lighting! No internal combustion engines! No retail stores! Only walking paths and bicycle trails! Back to nature!" - Fantastical pipe dreams: www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements "I would rather have on this property a quaint little pedestrian mall comprising a small bunch of cute, little stores -- as long as I don't have to develop or pay for it!" Let Walmart have its new building. It will be better, safer, more efficient, and more aesthetically pleasing, and will allow drainage and other improvements to be made to the lot. I welcome Walmart, for the money that it will save me that I will then be able to spend or use in other ways. Frankly I only hope that Walmart will go back to its original plan of a new, 120,000 sq. ft. building (virtually the same size as the existing building) rather than a downsized building. Not only would the 120,000 sq. ft. building better serve the shopping needs and wants of the community, it still would be only a fraction of the size of the 9th East and Taylorsville Walmarts, which I understand are in excess of 208,000 sq. ft., each. Bring on wide inventory, outdoor gardening, and tire and lube! Semi-anonymous in Salt Lake City November 19, 2010, 4:21 PM Walmart brings a much-needed aspect of retail business to the East Bench. We have so little to choose from close to our neighborhood that we must travel to other areas of the city to shop. I've missed having K-Mart close by to offer hardware, electronics, sporting goods, toys, and home-improvement items. Glad to have the variety and depth available again. Trish Townsend in Salt Lake City November 18, 2010, 4:49 PM I do not want Wal-Mart in our neighborhood. However since that is not an option any longer I think Wal-Mart should have to abide by the existing zoning and building laws. Why do we feel we must cave to corporate America. Wal-Mart will build there regardless of the change or not. Deborah Cartwright in Salt Lake City November 17, 2010, 11:42 AM I support the zoning change to facilitate the re-building of the property. The old K-Mart has been an eyesore for many years and the huge parking lot is a serious lack of green space. I favor a WalMart in our area as we currently have to drive a long way to reach any existing "big box" store. Whether they remodel or rebuild, I can't imagine that it will change the traffic volume. If people want to shop at WalMart, they will come either way. WalMart owns the property, so let's make it possible to make it as attractive, green, and up-to-code as possible. After reading the attached documents on this site, I feel this can only be accomplished through a zoning change. Semi-anonymous in Salt Lake City November 16, 2010, 3:34 PM If the new zone is limited to the existing Kmart property, I see no harm in bringing Walmart into the area. We need to be more business friendly to get the economy moving again. What is there now is a real eyesore and useless. Semi-anonymous in Salt Lake City November 16, 2010, 1:15 PM www.PeakDemocracy.com/546 Pnhlir enrnniontc ac of FPhrnary 1 9011 17.77 PM frnn n11 narticinantc 1 S of�tl Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements I support the Masterplan proposed zoning change from CB to CS. I reference the 2008 Planning Commission Staff Report prepared by Nick Britton and its conclusion to send a Positive Recommendation forward to the Council. Chris Orrock in Salt Lake City November 16, 2010, 10:09 AM Dear Sir or Ms., I am a longtime resident of the East Bench community Indian Hills, located east of Foothill Blvd. I am writing to encourage the City Council and Planning Commission to give due consideration to our community and both it's living, aesthetic and property values in their decision on whether or not to accede to Wal-Mart's request for new, unprecedented zoning changes for it's planned Parley's Way store. The value in any neighborhood lies not merely in it's potential tax base, but in it's livability and continuity. Granting re-zoning to Wal-Mart would adversely effect both of those assets. That does not stop the Wal-Mart corporation from routinely challenging zoning laws in almost every new box-store it builds, despite resident's objections. It often reveals nothing less than corporate contempt for both the Council members and residents in those communities. The only sensible Planning Commission and City Council ruling would be a compromise between Wal-Mart's standard tactic of challenging neighborhood and community zoning laws, and the citizens of those communities effected, in this case, the East Bench community. That compromise would take the form of denying Wal-Mart's request for re-zoning, thus allowing them to build their store within the sensible confines of our existing zoning laws and without causing unnecessary damage to the livability or continuity of our East Bench community. Sincerely, Chris Orrock SLC, Utah Kathy Adams in Salt Lake City November 16, 2010, 8:21 AM I continue to be opposed to the rezoning of the Parley's property for the purposes of a larger Walmart. The traffic on the 215/80 exit onto Foothill is treacherous enough and will certainly increase at that poorly designed exit. It is bad enough with cars lined up to get onto Foothill, and with more cars trying to pull into the right lane to exit onto Parleys from 215/80 to get to Walmart it will certainly increase accidents and road rage. Don't make a bad traffic situation worse! I invite anyone to observe or participate in the nightmarish traffic at Foothill and Thunderbird any morning of the week before deciding to add to it. Semi-anonymous in Salt Lake City November 15, 2010, 3:24 PM I support the Walmart rezoning effort. I'd like to see them get on with whatever store they want to build so I can start shopping there. Right now I have to drive either out to 9th east and 48th south or to 13th south and 3rd west to shop at Walmart, it would save a lot of gas and trouble if it were more convenient. Semi-anonymous in Salt Lake City November 15, 2010, 10:23 AM I am not a fan of Walmart however they own the property and there will be a Walmart there regardless of how many people object. The only question is remodled old building or new construction. Like it or not we cannot stop it and there will be a Walmart there. I really do not care however it seems that it will create traffic problems.. Ingress and Egress from this property WWW.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. A.11 Statements never was good and a Walmart will have many more shoppers than the old Kmart. The traffic congestion around this area will be awful. Semi-anonymous in Salt Lake City November 14, 2010, 4:04 PM So when will it stop? When all our jobs go to China and India...When all our stores and resturants are identicial across the country. It's truly a crisis when the only thing Americans care about are the dollars in their own pockets...but when we wake up it will probably be too late- Take A Stand Say No to WalMart Semi-anonymous in Salt Lake City November 13, 2010, 5:36 AM the city should allow walmart to tear down the old kmart building. this building is unsafe according to today s building codes. to have such a large property abandoned is not only an eye sore to the area, but we need all the revenue and commercial traffic we can get. therefore, i am in favor of this proposal! Semi-anonymous in Salt Lake City November 12, 2010, 1:28 PM This discussion has been going on for quite a while now, and all we are doing is delaying the inevitable. Personally, I am looking forward to having a Wal-Mart store closer to home. The existing building is an eyesore, and continues to remain so as long as folks drag this out. I'm ALL for a new, improved building and site. The rezoning will enable improvements to the property that will benefit the community all around. It amazes me that some who are most concerned about the neighborhood would prefer to have the old building than a new, smaller, more energy-efficient one. How does that benefit the neighborhood? Wal-Mart has sought to work with us and accomodate our requests. They are a successful enterprise that gives back into the community. Has anyone forgotten their generous contribution to our SugarHouse fireworks display this past summer? Let's get over the discussion and move forward with this. Mary Adamson in Salt Lake City November 10, 2010, 7:38 PM I am a commercial real estate broker and live in the area above Foothill Drive due east of the Walmart site. I believe the most important part of this battle has already been lost by allowing Walmart to develop the site at all. I do not believe we need a Walmart superstore at every freeway exit in the Salt Lake Valley to meet the needs of their customers. And I do not believe the immediate area is populated with shoppers who will buy the low-quality products that Walmart offers. I think Walmart has missed their market and their store will under-perform at this site,just like the K-Mart that preceded it. The Walmart site would be much more appropriately used as a site for high density residential development. The impact on traffic along Parley's Way and Foothill Drive will be enormous. Foothill, in particular, is extremely overcrowded all day and is critical at peak driving hours. A huge Walmart will greatly burden those arterial roads. Care should be taken by traffic planners to only allow access to the site northbound on Foothill Drive and westbound on Parley's Way. Alisk Attempting to cross oncoming traffic on either of these access streets will result in extremely hazardous driving conditions. www.PeakDemocracy.con-V546 Pnh1i nnmmrntc ac nfFehrnan'1 7(111 12'77 PM frnm all narticinants 17 of i(1 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements However, inasmuch as the city fathers have already cratered to Big Box Corporate America, it is my opinion that Walmart should use its considerable resources to build according to the terms and conditions of the existing zoning. Walmart real estate executives knew the limitations on the site when they purchased it. They should be bound by those terms and conditions. 'When Walmart leaves this site vacant--and they ultimately will, as they have countless others in communities all across America--the successor users should be bound by the same Community Business zoning, unless the city fathers at that time have the wisdom to revisit this site and allow its' proper use;which will still be residential. Mary Adamson 2315 Scenic Drive David Januzelli in Salt Lake City November 10, 2010, 12:21 PM No, to Wal-Mart=Yes, to better quality of life. The CB zoning was established for a purpose...to prevent the neighborhood from turning into another traffic congested commercial big-box center. If it truly is inevitable that WM will move in whether or not the land gets rezoned I suggest that they remodel the old K-Mart building...and keep it small. Wal-Mart's purpose is to make money, period. They are not in the business to increase the quality of life in neighborhoods. Quality of life means less traffic (less pollution), walkable neighborhoods, small to medium sized businesses, lots of vegetation, low crime, etc. Wal-Mart doesn't bring any of these virtues! As for lower prices and saving a few dollars on your grocery bill...well, you get what you pay for: lower wages for workers, low quality food, low quality products all made in China, etc. No, to Wal-Mart=Yes, to better quality of life. Semi-anonymous in Salt Lake City November 10, 2010, 8:13 AM Yes to Walmart! We need a store in this area. Semi-anonymous in Salt Lake City November 9, 2010, 2:20 PM Who has ever seen a pretty Walmart? They all look alike. They can make the building sustainable with a remodel, but they choose not to. Look at the Regency Theater next door, remodeled into a attractive office building, or Architectural Nexus at 2505 Parley's Way remodeled from an ugly gym into a fabulous LEED platinum office, or Circuit City being remodeled into a new DI. What's the matter with Walmart? They say they can't afford LEED, and are only offering to improve the site because city ordinances require them to do so. They aren't spending an eXtra dime that isn't required. They are a lousy neighbor. If the park n ride becomes inconvenient they'll tow cars away. If people camp in their parking lot the city police will have to deal with it. If their store causes traffic problems the city and state will pay to fix them. If the neighbors are kept up at night with deliveries and backup www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements beepers, they can buy earplugs at Walmart. The residential neighborhood preceeded Kmart. There was no public input. The deal was done behind closed doors and no one knew what was coming until they started digging up the vacant lot. Walmart can't even get their trucks in and out of the property without crossing other property. They'll turn left into an unsignalized arterial. This property is not suitable for the Community Shopping zone. Leave the zoning alone and let Walmart do their thing within the current zoning. They could do it well if they wanted to. Lori Tavey in Salt Lake City November 8, 2010, 10:06 AM I support the rezoning of the old K-Mart property so Walmart can build a newer property that is well landscaped and helps with drainage. Not all of us have the income to shop in the boutique stores suggested by some and many small stores in this area already struggle to survive. Walmart will not be competition for them. We need the old K-Mart building demolished and the area renewed. — Lori Tavey .. Semi-anonymous in Salt Lake City November 7, 2010, 9:02 AM No to Wal-Mart. Semi-anonymous in Salt Lake City November 6, 2010, 4:08 PM We definately do need Walmart to build a pleasing looking building in place of the old K-Mart building. We need Walmart to come to Parleys area so we don't have to drive out to 45th south and 9th east or downtown to 13th south and 3rd west. It is hard for me to understand how some people are not interested in saving money on their grocery bills. We are definately in favor of rezoning the K-Mart area so that a nice new building can be constructed in it's place. Rasmussen in Salt Lake City November 6, 2010, 4:02 PM I am all for Walmart's proposal to rezone the property on Parley's Way. I love shopping at Walmart and they would do a nice job with that location which has always been an eyesore and bring it new life. Semi-anonymous in Salt Lake City November 6, 2010, 12:49 PM I am amazed that some think that they can stop the Wal-Mart from being built. They will have a Wal-Mart store there no matter what the oppostion might be. The only question is will it be a new store with better lighting, landscaping and drainage or a partially remodelled old store without the mitigations required by the new zoning Amok Semi-anonymous in Salt Lake City November 5, 2010, 2:44 PM " I oppose the rezone and do not support Walmart moving into this location. Semi-anonymous in Salt Lake City WWW.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements November 4, 2010, 10:42 PM If this allows them to build a larger store do not allow this change. There is no safe egress to that facility as is and another traffic light will within a block of an existing traffic signal or exit from the freeway will cause total gridlock on foothill. Marianne Wander in Salt Lake City November 2, 2010, 5:21 PM I am opposed to the re-zoning that will allow a big-box into this fabulous neighborhood. Please follow the master plan which calls for pedestrian and bike friendly neighborhood shopping. The big box that Wal-mart is proposing does not fit the scale and qualities of this neighborhood. It will do harm. Also, beware of greenwashing. Wal-mart may propose LEED design and sustainable features as they try to sell this project. But true sustainability is not created from picking and choosing from a check list in order to sell a product. True sustainability is holistic, and this includes respecting and enhancing the quality of life for the people living in this neighborhood. Tom Condit in Salt Lake City November 2, 2010, 2:04 PM Walmart's design makes the project much more attractive to the community than the project they will build with the existing zoning. I happen to like shopping at Walmart, but whether others here like or dislike Walmart, to me the only issue is the best design and land use we can get, and this clearly is better. cecilia uriburu in Salt Lake City November 2, 2010, 1:27 PM As both a neighbor to the north of the parcel and as an Architect I oppose the re-zone of the parleys lot to CS community shopping. I do my part by xeriscaping, recycling and composting my waste, replacing my windows for better energy use, adding insulation to my walls and roof...On my own money, off course...why would the city re-zone to Community shopping this parcel, which means an energy hog in the neighborhood? BIGGER IS NOT BETTER!...The master plan and Mayor Becker envision a greener, walkable, bike friendly city. We are citizens who vote and elect officials with such vision. We have the right to oppose the increase of traffic, the unlimited size building, 24 hours of artificial light polluting the night sky, but most importantly to deffend what we elected to begin with...do your part and oppose this re-zone. It is what we need to do for a better built future. Be a leader for your community and vote NO to the rezone. Cecilia Uriburu, AIA (Architect) Semi-anonymous in Salt Lake City November 1, 2010, 2:32 PM I don't want this to be a WalMart. will not shop there; I shop at neighborhood stores. We don't need any more big stores in this area. I like the idea of this area being condos or something residential. I'm tired of it being an empty cement lot. I realize that WalMart owns this property. If they are going to have a WalMart there, I want them to landscape the area and make it beautiful so it isn't an eyesore. bob moore in Salt Lake City October 31, 2010, 10:56 AM www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements I think Wal-Mart is trying hard to put a development on this property that will be pleasing to the community. They have certainly spent the time to try to find all the needs and concerns of the neighbors and community so they can address them. I think they are motivated to put something on the site that will be good for business and good for the community. I am in favor of them building the new store they want to build vs forcing them to remodel an old building that in the end will not be what the community wants nor what Wal-mart wants Bob Moore Phil Mattingly in Salt Lake City October 30, 2010, 12:36 AM There is something that perhaps the people who comment here do not understand. Walmart owns this property and has the legal right to remodel the current building and put a Walmart in that existing building. Indeed, they applied for and received a building permit to do this and the permit is active. Walmart could start the remodel tomorrow if they chose. What Wahnart wants to do to improve the property is to tear down the existing building and build a newer, smaller (92,000 sq ft instead of the current 123,000 sq ft) more energy efficient, oisik greener, improve the traffic flow, solve the existing storm water runoff problem (instead of the storm water running off the parking area and out onto the street in a river they will create a holding pond to catch the water, which they don't have to do if they remodel the old bldg), modern landscaping with better parking, better lighting in the parking area, etc. In order to build a smaller more modern bldg they need to have the zoning returned back to where it was before it was changed to what it is now. What the public needs to clearly understand is that Walmart is going to put a store in that location with a zoning change or without a zoning change. If the city refuses to change the zoning, it does not mean that Walmart will go somewhere else and the small vocal minority who do like Walmart win. Walmart will simple use the remodel permit it currently holds and remodel the old KMart bldg there as they have a legal right to do. So, do you want a shiny new more modern building that is more green, more valuable which means more taxes for the city, more customer friendly or to remodel what is there now? To me the benefits to the community by making the zoning change and receive a newer more modern building far outweigh any negatives. The tired old talking points based on half truths, ignorance and manipulated propaganda put out Antok by unions unsuccesful in unionizing Walmart that are used to bash Walmart are not the issue - here and will not make Walmart go to some other location. So let's "Rollback" the zoning and let Walmart put up a building that will compliment the www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements neighborhood and provide closer shopping for us that live in area. Semi-anonymous in Salt Lake City October 29, 2010, 7:33 PM We should all consider whether to support a company that prays on the poor. Do a little Google search on Banco de Wal-Mart, its deceptive activities, and the 60%+interest rates it charges those least able to pay. You'll see that Walmart is not just a big box; it's a big UGLY box. We don't need another Walmart. Semi-anonymous in Salt Lake City October 29, 2010, 4:25 PM I think the CB Community Business designation will suit this area well instead of CB Community Shopping. The residents of this area already have easy access to Community shopping along 300 W between 1300 S and 2100 S, where they can shop at Walmart, Costco, Sam's Club and Target starting next month. Those shops are conveniently located,just 5 minutes away on the freeway. Please do not approve the proposal Semi-anonymous in Salt Lake City October 29, 2010, 1:18 PM We need a Walmart there badly. I will pay 15-20% less on my grocery bill. The development will be a great addition to the community! I hope to see a new Walmart store there next year! Bring it! Amy Oglesby in Salt Lake City October 29, 2010, 12:21 PM I welcome this addition. It will be great to restore some vibrancy to this area. Semi-anonymous in Salt Lake City October 29, 2010, 11:21 AM For those who don't think a "big box" store should go on that lot - there is already one there. So it doesn't seem unreasonable to replace one big dilapidated box with a slightly smaller pretty box. That being said, some thoughts about Walmart- -Walmart Associates make less than comparable retail employees. -Walmart's entry into an area depresses wages and displaces better-paying retail jobs, forcing small local businesses to close. -Walmart has left vacant, abandoned stores throughout the country. -The largest class action lawsuit in the history of the world alleges that Walmart discriminated against women by systematically denying them promotions and paying them less than men. Is that what we want for our community? http://en.wikipedia.org/wiki/Criticism of Wal-Mart Walmart faces an interesting marketing challenge with this project. www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements If you are one of the largest, and most controversial businesses in the world, how do you get the people of a community to support your plans without making them feel manipulated? Recently I've received two email messages from Cody Bannon thanking me for my support of the re-zoning. These messages are from"walmartonparleys.com". They look like they come from some grass-roots support group - not flashy, a cartoonish font for the signature, definately no Walmart logo. But who owns "walrnartonparleys.com"? The registration for that is private. And who is Cody Bannon? I'm a nobody, but I show up in a Google Search in Salt Lake City. And Cody? Nothing in Google. So I surmise that Cody is not from our community, that he works for Walmart's marketing department, that Walmart owns "walmartonparleys.com" and that Cody's phone number is a local Google Voice account that forwards to his actual phone. Cody, the only thing worse than an email from Walmart headquarters is an email pretending not to be from Walmart headquarters. Glenn Fassmann in Salt Lake City October 28, 2010, 11:33 PM I have lived in this neighborhood for a few decades and I would welcome a store on Parley's Way which actually has useful merchandise. I stopped going to K-mart years ago because I left there empty handed so many times and I had to drive to 3300 South or further to get the goods I needed. A Walmart would be environmentally friendly by reducing the miles we need to drive for general merchandise. A Lowe's would actually be my choice for the location, but who am I to choose. A Walmart would not harm the smaller shops in the area. These shops already compete with Walmart and all the big box stores and the smaller stores have niches which have been tried and proven over time. Everyone in the neighborhood already frequents Costco, Walmart, Sams Club, Win Co Foods and other big box stores regularly. I don't believe people will frequent the smaller local stores less, in fact, I believe the new Harmons on 1300 South and 1700 East will harm the Dan's and Fresh Market grocery stores more than a Walmart on Parley's Way. The Shopko in Sugarhouse and the Right Aide (both also being national chains) may be the most affected, but I am not fond of either store and I would like the alternative. I keep hearing that we need small boutique shops at the Parley's Way location, but many "boutique" stores at Foothill and Sugarhouse already have a hard time surviving in the area. A developer would surely have taken the risk for this kind of development if it were a viable option, but it is not. I like to see those who are crying out for this option to put their money on the line to make this sort of development work there. Free enterprise and open markets regulate what commercial development survives. The other option for the area would be apartments and a smaller commercial area, but that would bring even more dreaded congestion to the area than a store. I am not a resident directly adjacent to the area, but if I were, I'd rather have the big box store than high density housing. www.PeakDemocracy.coin/546 n..0:.........................r r_L_.._.-..i nni i ifl.fll nnn 1n Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements Store patrons go home at night, but residents do not. Many people already drive up Parley's Way to shop at 3300 South and if they stop at a Walmart on Parley's Way instead of continuing to 3300 South to shop, these people won't add congestion. There will be more cars, but any development will bring more cars including green space. Could you imagine all the traffic from families driving to and from soccer games and football practice? Let's allow Walmart to remove a blight in the area and replace it with an aesthetically pleasing useful store location. Semi-anonymous in Salt Lake City October 28, 2010, 10:08 PM Allow Wal-Mart to re-zone the old K-Mart property. Wal-Mart's newer stores are much nicer than their older prototype. I am ready to pay less for groceries than Dan's and Fresh Market and get rid of the K-Mart box eyesore. Semi-anonymous in Salt Lake City October 26, 2010, 8:49 PM Walmart will bring a whole new level of competitive pricing to the East Side. Frankly, I'm tired of the lame Dan's and Smiths which dominate the East Side and charge outrageous prices. Letting WM in will clean up the endless parade of high prices, hot deals,join our club and get rebates, we match prices, get a free turkey, blah, blah, blah with sharp pricing, low pharmacy rates and lot's of product availability. bruce beck in Salt Lake City October 24, 2010, 2:18 PM I support their rezoning request and further more I support letting them build the newest most up to date store possible that includes groceries and an auto service area.Why do they have to be crippled by the Walmart haters who want no store or a substandard one?I appreciate Walmart but I know they have their problems just like any other retailer.In a free enterprise system they derseve the same right as anyone else to participate in the marketplace.I shop at many other Walmart competitors who out perform them in their own specialties.For instance the Sunflower Market,Rheams,and Super Saver beats the pants off Walmart with their produce prices.If some other small local business can't compete too bad.Maybe they should find some niche where than can compete.Bruce Beck Semi-anonymous in Salt Lake City October 24, 2010, 1:39 PM A few vocal, but self-serving residents continue to oppose Wal-Mart's request to rezone its Parley's Way property. Holding out 'for the next forty years if necessary,' for their vision of a Foothill Village-like, `walkable' development, unsuitable and unrealistic along a major thoroughfare into the City, they are waiting for Wal-Mart to leave no matter how long it takes—comparable to a child's equally ridiculous threat to hold his breath until he gets his way! Meanwhile, the community is deprived of Wal-Mart's ability to fix drainage and water detention problems associated with the property, since, even if the retailer decided to move forward with such repairs, they could discover, after tearing up much of the parking lot, such repairs necessitate getting under the existing building, which they could not do. Thus both the www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements efforts and expenses incurred would be for naught. No savvy business, including Wal-Mart, would make such a decision under those circumstances. Conversely, should Wal-Mart be given approval to rezone the property: • The forty year old existing K-Mart building would be torn down to be replaced by a smaller (92,000 versus 120,000 square feet)more sustainable and more aesthetically pleasing building. • Water detention and drainage systems necessary to prevent flooding into the apartment property to the north and Parley's Way to the south would be implemented. • The current endless expanse of parking would be mitigated with more landscaping and walkways. • A street presence, as requested by the community, would be fulfilled with Wal-Mart's dedication of one acre of the property close to Parley's Way, to be determined by the community, such as a park and ride, restaurant, or other desired use. • More community and City input since a rezoning would result in a development plan necessitating such input. I urge the City to look beyond the selfish desires of a vocal minority who hold up the banner of a Masterplan in which only an elite few participated, resulting in the zoning that now blocks what is in the best interests of the community as a whole, and approve Wal-Mart's rezoning ANN and Masterplan amendment request. Semi-anonymous in Salt Lake City October 23, 2010, 1:36 PM Say No to Walmart's request for rezoning. Respect the decades of effort that have gone into creating the Master Plan and putting in place the current zoning designation. Do not set a precedent that will lead to others wanting their properties (spot) up-zoned. Reduce the lanes and allow parking, install bicycle lanes and cross-walks with lights, and make Parley's Way a safe and appealing entrance to Salt Lake City, as is being done on 1300 East. Encourage walkable and low traffic generating uses on this parcel, consistent with the neighborhood's needs. Protect all of the City's property owners. Require Walmart to do what is permitted in the property's current zoning designation, as other property owners are in theirs. Do not take value from the other neighbors' properties, please respect the rights of all property owners. We live within walking distance of this property and support the efforts of KeepOurZoning.org Semi-anonymous in Salt Lake City October 22, 2010, 7:58 PM As I read the amendment I noted that the current K-mart building was approved and built at 103,227 sq. ft. and the proposed Walmart building is 9.1,750 sq. ft. isn't that a smaller "big box" than what was there or am I missing something. Some of the comments suggest otherwise. Some 4011, have suggested it would put some of the local stores out of business. What put k-mart out of " business or Market Fresh replacing Albertson's for example? If a like business cannot compete isn't that how the free enterprise system works. If people buy from another competitor it is usually because they can get more for their money or a better product. At least that is my www.PeakDemocracy.com/546 IC Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements opinion. Are there any other viable alternative proposals out there? Let's hear about them if there. Alice Marsh in Salt Lake City October 22, 2010, 7:28 PM From what I know about the Walmart Corp. it doesn't stop until it gets what it wants. We know there is little chance of changing the option of building there. I do think, however, that we should not agree to rezoning the property. For those of us who are not in favor of a Walmart store--we can remember not to patronize it when it is built. Burton Brown in Salt Lake City October 22, 2010, 3:37 PM I support a WalMart, and rezoning within reason. Most of the complaints are simply because its WalMart...if it was Target, or Costco, or Kohl's...most of the nay sayers would not be complaining. WalMart will bring jobs, and sales tax revenue. Bring it! Bring it now! Semi-anonymous in Salt Lake City October 22, 2010, 2:35 PM I'd like a Walmart there and think the area should be rezoned if that is what is necessary in order to make that happen. Emina Alibegovic in Salt Lake City October 22, 2010, 1:30 PM I oppose rezoning. Foothill Village is only a mile away. There is no reason for another shopping center or a huge store in that area. What we do not have enough of are neighborhood bakeries, gathering places, community centers, places for youth to engage in meaningful activities with each other- art, sports, education. Let's work on knowing each other and communicating instead of driving to big box store buying things we do not need so we can fill landfills with things we discard because we wanted newer and "better". John Wilkes in Salt Lake City October 22, 2010, 1:14 PM "Big Box" stores are putting local businesses into crisis. Take the money you have used to court them, and help local businesses instead. John Millsaps in Salt Lake City October 22, 2010, 1:03 PM While [ dislike the empty store sitting there, I strongly dislike letting Wal-Mart build a larger store on the site. Wal-Mart has been utilizing smaller stores in other cities, such as New York City and in smaller communities that can't support the Mega-stores. That would be more acceptable than the massive box store that they want to put there. I have to agree with other posters that the Big Box store would have a very negative impact on the traffic flows on both Foothill Blvd, because another traffic light would be installs and on Parleys Way. Plus the upgrades necessary to sewer/water lines will mean that the roads are torn up, yet again. If that is necessary, Wal-Mart should bear the cost, along with all other impact costs. My ideal would be for the city to purchase the land and turn it into a transit hub with a Trax line running from the U south along the foothills, into the county but I don't see that happening and www.PeakDemocracy.cor/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements thus by the time it becomes necessary to do something like that, the costs will be much greater. I am a firm believer that when it comes to something like this, it is better to err on the side of caution and on the side of the neighborhood, than to go big. Please don't approve the zoning change or you will destroy the neighborhood. Semi-anonymous in Salt Lake City October 22, 2010, 11:58 AM I've lived in the area for more than 30 years. The abandoned building is a huge eye-sore. How about selling the property to someone who will build upscale condos with valley views, put in green space, and maintain our lovely neighborhood? If that's not an optioi:i- a little, baby Wal-mart is a much better idea than a big, vacant box. Semi-anonymous in Salt Lake City October 22, 2010, 11:40 AM There is such a thing in the Walmart arsenal as a neighborhood center, a smaller, more compact store that fits into existing neighborhoods better. They have options that would work for this site, they are just too greedy to accept this. , This application is no more than a ploy by the Walmart brass to get a bigger store and a larger share of the local market. They will make wild statements of their complete inability to comply with existing regulations and blow more smoke than any other big box chain(with the exception of Home Depot). They will tell you that they can't financialy make it if they don't get their way (give me a break they are one of the most financially successful companies because they are able to get nearly everyone to give them better terms than they otherwise would have received). Walmart Brass will threaten to throw a tantrum and stomp their feet and threaten to oust you from their group of"friends" if you don't give them what they want. If this does not work then they will send in their corporate bullies (Attorneys)and file lawsuit after lawsuit to wear you down, until you give in to their demands. End result is that they know that there is a market for their products in that area. They will locate there in the end even if their are denied the zone change, They like money and never pass up a chance to get more, even if it is less that then initially desired. They also know that zoning controls how much of the market share they are allowed. They basically would love it if our elected leaders would give them the keys to the city. I urge our leaders to resist and stand up for the zoning and land use decisions that have already been made for that piece of ground and that location. Aulik If Walmart is unwilling to work within the CURRENTLY EXISTING zoning designation for the property then their request should be denied. We do not win anything if we give into their bullying and change the zoning designation to match their demands in any way. www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements Maggie Shaw in Salt Lake City October 22, 2010, 10:19 AM I am opposed to the zoning change. The residents of that area do not want it. That should be a compelling enough reason to prevent the change. That neighborhood is not appropriate for a mega store. Keep the present zoning. No change. Wilf Lieber in Salt Lake City October 22, 2010, 3:50 AM A new Walmart store would be a great replacement for the existing site. I like to use small local shops, but I do not subscribe to the idea of punishing or denying a big company the right to build just because they are big, or we arrogantly don't want to shop there. Lastly, the tax benefit to SLC would be helpful. Keep shopping in the city. Suzanne Stensaas in Salt Lake City October 21, 2010, 11:05 AM Attention Planning Commission and City Council Re: Rezone of 2705 Parley's Way from Community Business to Community Shopping. I have lived one block from Parley's Way since 1968. When KMart opened it was an eyesore and it still is, but adding 6% more vegetation is not going to change it. I don't understand why the issue is again coining up when the citizens and planners have clearly indicated it is not in the neighborhood's interest or master plan. One can only think that it is economic and political pressure from Walmart. Never, never do you discuss what it is going to cost, if rezoned, to handle the additional traffic, the cost of traffic lights, the additional delays on already congested Foothill, the lack of an east bench plan for Foothill Drive. The lack of adequate rapid transit along this corridor, the lack of bike paths or the additional traffic on Stringham Avenue and Parley's Way. These are costs to the taxpayers who so resent paying taxes. If we pay more taxes let it be for education and open space. We cannot stop Walmart having a store with a similar footprint, but we can support enforcing the master plan, which is good and needed. Many other acceptable uses can be made of this property and I am sure Walmart could sell this property if the rezone is not approved and they are unwilling to downsize their plans. We have shopping services at Olympus Hills, Sugar House, and 3300 South, Foothill Village and along Foothill Blvd. Another Walmart is only about 5 miles away long with other big box stores: Target, Costco, and Lowes etc. on 3rd West. Lets keep our small stores and merchants in business. We have all the convenience we need right now without a Super Store. We want to keep neighborhoods and small businesses intact, they can supply our needs, keep people employed and contribute to the community in many ways. These businesses need our support and are the heart of employment and income in the USA. I think a bigger store would make it even more difficult for them. Please,NO REZONE and please deal with the traffic and transit issue along the East Bench, www.PeakDemocracy.com/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's prop' osal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements instead of revisiting this issue again and again. Richard Kanner in Salt Lake City October 21, 2010, 9:15 AM There are areas in Salt Lake that have been designated for the 'big box' stores such as Walmart, Costco, Home Depot, etc. Third West is an example of this. The old K-Mart property is in a residential neighborhood and a big box store there would be inappropriate. It would increase traffic on Parley's Way, Foothill Blvd. and I-215 and, at certain times these are already beyond their capacity. Smaller locally owned stores in the area would suffer and probably would disappear. The property is better suited to high density housing combined with public transportation along Foothill going to the University and downtown. Also, light rail from this site to Third West would give the neighborhood easy non-driving access to the 'big box' stores. Semi-anonymous in Salt Lake City October 21, 2010, 8:24 AM NO MORE WALMARTs. Anything but a Wal-Mart that sells the crappiest crap out there. I thought walmart's model was to serve under-served areas? Go urban, Go rural, but stay out my backyard. Please do not approve such a disgrace. Semi-anonymous in Salt Lake City October 20, 2010, 8:27 PM Walmart? Really. I frequent the Fresh Market west on 21st and would be disgusted if a proposed Walmart sapped this store of its business and jobs. There are other stores and shops north along Foothill that would likely suffer as a result of Walmart's presence. The Walmart argument of convenience for all shopping in one place is tired. The negative impact of Walmart's presence in many communities is well documented and for SLC to ignore this evidence would be frustrating. How about some more greenspace? This block could easily be converted to greenspace and connected with Parleys Way Greenbelt and Parleys Park via the recently completed trail network. This area could use some public sports fields - soccer fields, softball diamonds, and play areas. I'm sure they'd see as much usage as the soccer and sports fields proposed for the former riparian area along the Jordan River in North Salt Lake. Susan Passino in Salt Lake City October 20, 2010, 7:58 PM I'm in agreement with those who see the current condition of that area as not acceptable and I'm tired of going to Taylorsville or the Westside to shop at those Walmarts. But it's not just a matter on convenience, I'm never clear about changing things up when there really wasn't a problem in having a business there to begin with. It's a great location and it could benefit the neighborhood and not be a blight. Semi-anonymous in Salt Lake City October 20, 2010, 6:50 PM I am in favor of the rezoning. Regardless of how one feels about Walmart, it is inevitable that Walmart is going in at that location and I would rather have it in a nicer, new building than the old, dilapidated one that is there currently. A new building will better accommodate the store and will be more aesthetically pleasing for those that live near it. Semi-anonymous in Salt Lake City www.PeakDemocracy.corn/546 Walmart Proposed Zoning and Masterplan Amendment Please comment on Walmart's proposal to rezone the property located at 2705 E. Parley's Way from CB Community Business to CS Community Shopping. All Statements October 20, 2010, 6:14 PM Having lived in the Parley's way area for a few decades I have always noticed the K-Mart building as an under-serviced, neglected blight on the area. One thing I notice about Walmart stores is that at least they maintain and take care of their grounds. I thoroughly support their zoning petition. I currently frequent other Walmarts in the valley and it will be nice to not have to drive so far away to get to one in the future. Terry Marasco in Salt Lake City October 20, 2010, 5:21 PM The worst effect on small business is Wal Mart. You do not need to open this door which sets a bad precedent. Ross Chambless in Salt Lake City October 20, 2010, 5:09 PM I think the neighborhood is tired of seeing a big abandoned K-Mart store in this proposed space. But I am also reluctant to have Walmart, or any other large mega-corporation, inhabit the space. It would be much better if there was a local, Utah-based service business that could get established there. Still, whoever makes use of the existing space should do everything possible to prioritize pedestrians or bicyclists over vehicles, and maintain lots of native vegetation. The only thing worse than mega-stores are unsightly mega-parking lots. Curtis Haring in Salt Lake City October 20, 2010, 4:48 PM Although the idea of another big box store is not the most appealing, the thought of a giant vacant store is even worse. Perhaps, as a condition of moving in, Wal-Mart has to guarantee that parking lot space not in use more than 75% of the time after three years could be put up for sale and be zoned for smaller retail and/or multi-family dwellings. Pax Rasmussen in Salt Lake City October 20, 2010, 12:18 PM I strongly oppose this proposal. We have enough bloody Walmarts and chain stores. www.PeakDemocracy.com/546 DATE(rcvd) NAME ADDRESS ]I COMMENT IN FAVOR OPPOSED 11/15/10 Mae Vincent 1960 Wasatch IlOpposed to Walmart-create too much traffic on Foothill-Walmart does not Il belong in our neighborhood X 11/15/10 Joe Richards 2831 E.2100 South Opposed to Walmart rezone X 11/15/10 Patricia Allred 2560 Blaine In favor of Walmart rezone-tired of small group of community council people saying that they represent the community-the city needs the tax base-do not • like the local grocery stores X 11/15/10 Keone Holton ! Opposed to the Walmart rezone-the traffic on Foothill is already bad and Walmart will make it worse-Walmart does not sell US goods X 11/16/10 DeAnn McCunne 2210 S.Wasatch Opposed-traffic-Do not want taller/bigger buildings-other properties like the apartments will want to build bigger also x 11/18/10 Kathy Adams Opposed to rezone-do not want big box in neighborhood-would like smaller stores that she can walk to-get a cup of coffee,restaurant,etc. x 1/3/11 Marco Wallenberg(?) I L Support rezone x 1/18/11 Debbie Aldridge Country Club Ridge Condos Concerned about delivery trucks using access road next to her home-also noise impacts from garbage pick-up-does not want to live next to a shopping center x 1/31/11 Mary Lee Christensen 2446 Wilshire Drive Opposed to anydevelopment higher than two stories - _ PP ----- Pme— g 1/31/11 Jacqueline Jones 2510 Commanche Ave In favor of Walmart-would like traffic light installed at intersection of Wyoming and Parleys x 2/1/11 Sharon Thurman I2212 Redondo In favor of Walmart x 1 4 1 5 Page 1 of 2 r From: Scott Kisling [scott.kisling@comcast.net] Sent: Wednesday, November 03, 2010 12:21 PM imorioN To: Nelson Cabot; Dolores Donohoo; Robin Bastar; Larry Migliaccio; Laurie Bray; Greg Carter; sperry Grace; Sugar House CC Chair; Jason Bradley; Mighael G. Kavanagh; Sally Barraclough; Carlyle Harris; Elaine Brown; Shiela O'Driscoll; Russell Callister; Pattie DeNunzio; Christopher Thomas; Sarah Carlson; Sandra Walsh; Amy Barry; Lynne & Neal Olson;Travis Pearce; Jim Brown; Judi & Wade Short; Benny Keele; Ruth Price; Dave Mulder; Ray Pugsley; Barbara Green; Derek Payne Cc: Mills, Wayne; Council Comments; Rep. Brian S. King; Senator Ross Romero Subject: Parleys Way rezone concerns of Country Club neighborhood for SH Community Council Attachments: Neighborhood_concern_summary_for_SHCC.pdf; ATT00001.htm Categories: Other Dear Sugar House Trustees, Attached is a summary of the comments and concerns I heard while listening to people in my neighborhood about rezoning 2705 Parley's Way. I tried to understand each specific concern; people may say "traffic" is a concern when it is actually traffic circulation. I'm sure there are more concerns, and I know that many people can articulate them better than I. I have submitted a longer version to www.keepourzoninq.core. Walmart has hired Dan Jones to conduct focus groups and phone campaigns, and hired others to distribute flyers and collect signatures, to show people would prefer a new building over the existing building, but the real issue is whether people prefer the requested zone to the existing zone. Neighborhood concerns are in several general categories: 1. Traffic circulation is very poor, especially in light of traffic volume increases since 1987 when the Master Plan was last revised. 2. The possibility of abandonment in future years is very real, with little likelihood of demolition and redevelopment. Small buildings are reoccupied much more quickly. 3. Concerns of a "domino effect,"whereby other property owners request a rezone to increase their property value just as Walmart is requesting. 4. Concerns about neighbors having to police any Development Agreement, if attached to a rezone approval. 5. Longstanding neighborhood desires for small businesses and a variety of services, as expressed in multiple surveys, open houses, etc. 6. Costs to state and local government for later traffic circulation improvements, loss of tax revenues, decrease in charitable contributions, etc. It dawned on me late that the major difference in these two zones is the difference in anticipated customer draw. This property — hard to reach from the distant west or north, and very difficult to egress to the north at all — is much better suited to drawing customers from my neighborhood, Beacon Heights, and Foothill Place Apartments to the north (if given access without need for Foothill Drive). The use of three long-ago castrated streets for access instead of for north-south traffic movement as they were originally designed caused many of the traffic circulation problems. Those streets are: Stringham, which since 1973 ends in a fence at the south-eastern edge of Foothill Place Apartments; Wilshire, which became the primary access ,"N to Kmart and several other parcels via access easements in 1968; and Maywood, which services only the office buildings to the west of the Kmart building since they were built, and would be used for Walmart truck access. OntvimAnfo\T-+moil CTZiclina 1 1_d_1(1 l,fir 1 ichn1 1 Page 2 of 2 Concern number 5, trampling long-fought-for neighborhood desires at the request of a major multinational corporation would be a shame that would spoil the reputation of Salt Lake City as good government for many— perhaps dozens—of years to come. Thank you for your support, Scott Kisling Trustee (upon confirmation), Sugar House Community Council Country Clop Neighborhooc Comments anc Concerns Regarding Rezoning for Walrnart Crt. anci Oct. 30, 2010 t ,' S�rc.}a; House C:ri �,u \, a nci! TRAFFIC Residents are generally more concerned about traffic circulation than about traffic volumes. Successful development is desired, and people understand that traffic increases will result. TRAFFIC STUDY ACCURACY Residents asked a traffic engineer how traffic studies were done.Daily trip generations are determined by a handbook.Assumptions are made as to ingress and egress percentages. E.`:i-si_5LS I l : 4.`E:D If;;I' (,i_Nt_IL\FION t. NDERF:!-0L MATED I ! AYSONI0(fliilii_ .a)(;) l 1 !Cr', W ECa. CONS R IER ELFp AT ES WERE :� 'O (. E'9NSEE.kt:ltFD F}:A l'...x:T_ARL Y.ri( MOTE r_ FR tFI IC TItAN fK_ I t.R,_6. TRUCK CIRCULATION Residents asked a licensed truck driver's opinion of truck circulation for both new and remodeled stores, and studied other local Walmart stores and those of their competitors. FAITS TO 1-00 HILL DRIVE API PE.MEENTATIC r_4 €'A\'S_:R. t°-;<_,E.."L;) F(JR FMFRt_)\ E• gi.-.N 0 l'i_j5r,IC ROAF AUTOMOBILE CIRCULATION Accessing northbound Foothill Drive is problematic for anyone not already on I-215; the Country Club can be crossed only at 20th East. Interstate 80 can be crossed only on I-215, or at 20th, 17th or 13thFF East Streets. 3 .F,�I�M I.Ez ,r:�'.F_l 1:�..xt,t_:.'"", ( Pi�()i3i.diNI.:c I.._ 3i": L I 1 +" IC 1'1 PJI )II SI .IIA. F i , It:., i..! AI .ilia k d) .;_ There are hundreds of empty "big box" retail stores in the U.S.;Walmart owns or rents more empty stores than any other retailer. Residents are aware of the conditions placed on the former Smith's store at 3100 East 3300 South in 2004, to prevent the use of the structure to Smith's competitors.There are several other examples in the valley. Walmart's U.S. same-store sales— perhaps the best measure of a retailer's success—have been declining for the last five quarters, so abandonment in 5 to 40 years is not. Smaller buildings are more easily reoccupied, e.g. Fisher Dairy became a cleaners which became Flowers for You. TOO MUCH PROPERTY IS CURRENTLY ZONED RETAIL DEMOLITION BONDS SHOULD BE REQUIRED \•V .l':'.1;:k,4 DOES t S IT i ! ] G Residents have been involved in multiple Open Houses and other meetings to articulate what it . .. is they want for their neighborhood. They feel they have followed the process defined by the City, and yet when a large multi-national corporation buys property suddenly all that is for naught. THE ISSUE WILL BE DECIDED WHEN CITY COUNCIL TAKES A VOTE. IS THERE ANY HOPE FOR GETTING WHAT WE WANT? To simply choose between a new store and an old one—how Walmart is framing the issue—is short-sighted. With the current zoning,if Walmart were to decide to close this location—in five, ten or thirty years—they likely would sell the property to local developers who would build to the current zoning. If it were rezoned they could leave it empty indefinitely, sell it to another big box retailer, or even lease it to the operator of a regional flea market. The needs of local residents who have spoken out at multiple open houses and other meetings would forever be disregarded. f � On NU T 0 = 1-, };�� ,' Zoning laws are intended to keep similar uses and scale located together, away from conflicting uses and scale. Existing zoning of adjacent properties is taken under consideration for any rezoning request. Even housing could conceivably be rezoned to commercial, as was done for Shopco under a similar argument. Development agreements are made between a company and the City to limit the uses or activities of the business to be more palatable to the neighbors. Development agreements may remain in effect indefinitely,but the City has to file and keep track of each agreement. Usually it is the neighbors who must patrol the businesses' activities,notifying the City of infractions. The requirement of Planned Development approval is being touted as the way for residents to have input into the details of buildings and uses within the new zoning, and it is true that it is required. Unfortunately, important issues such as what uses are allowed and how big the buildings can be are determined by zoning,not by Planned Development approval. Paint colors, building materials, etc. are determined in the Planned Development process. The only way for residents to control uses is through zoning. By law, Master Plans drive land use and zoning, which is why a Master Plan amendment is requested by Walmart as well as a zoning change. BUSINESS/COMMERCIAL USES Planning Goal: "Provide for needed community services while minimizing the impact of non-residential land uses on the residential community." "Many residents desire additional services in the community." "A hardware store and medical offices are among the uses most commonly mentioned." In 1987, at the time the East Bench Master Plan was updated, Kmart was a successful hypermarket(groceries and general merchandise), so one would think that when residents desire additional services they would be wanting services not available in a hypermarket. "Redevelopment or at least renovation of some business properties is quite likely and is considered the most desirable approach to meeting future business needs." "Two-level buildings, structured parking and other provisions provide considerably more development potential than present use levels at many sites." "Major zoning changes in the East Bench Community are neither anticipated nor encouraged." "The community is so completely developed that a change of zoning in most areas would negatively impact surrounding residential properties. More efficient use of existing business properties is the preferred approach to meet future business needs." Again, two-level buildings,structured parking and other provisions—a more efficient use—is encouraged here. TRAFFIC AND CIRCULATION Planning Goal: Maintain an efficient circulation system that minimizes traffic volumes on local streets. "Close minor intersections" to maximize the traffic flow of Foothill Drive. "Plant street trees, develop a center median and enforce parking strip landscaping ordinances" on Parley's Way. "Consider closing vehicular access from some local streets to Foothill Drive." This is to maximize the traffic flow of Foothill Drive. URBAN DESIGN Planning Goal: Enhance the visual and aesthetic qualities and create a sense of visual unity with the community. Only remaining site for a Gateway View—Information Center. Zoning and other code enforcement can ensure proper maintenance and eliminate outdoor storage at all East Bench business properties. This is reason enough not to rezone and rely on a development agreement. "Since Parley's Way and Foothill Drive provide primary access into the city, they should be the most attractive streets in the city." EAST BENCH MASTER PLAN SUMMARY "New development must be sensitive to neighborhood scale and design, while satisfying needs and expectations of the developer. Compatibility with the immediate neighborhood is essential." "Urban design will play an increasingly important role in neighborhood maintenance and preservation..." "Innovative approaches to implementing urban design concepts and proposals may be the solution to many of the problems that the East Bench Community will continue to face." APPENDIX I Zoning Change Compatibility Considerations "There must be a demonstrated need for the new business proposal and documented community support." The issue is zoning. A preference of a new to an old store is irrelevant. "Business projects must be of a density, scale and design that will not negatively impact neighboring residential properties." "Zoning should not be changed to accommodate a new business unless it is adjacent to an existing business." AIN "'Spot or strip' zoning to accommodate new businesses is strongly discouraged." %mow "New businesses should be designed to be a logical extension of adjacent businesses." Walmart has made several statements of the benefits a rezone would bring, and has alluded to the costs our state and city governments would incur. Most benefits fall to Walmart. Most costs fall to the community. BENEFITS IF REZONED AS WALMART REQUESTS Claimed benefits to residents "Nicer looking store for the neighbors to see." "Nice shopping experience" "Trucks will have better circulation." According to Walmart's site plan on file, a new store would have space to turn trucks around in the northwest corner of the property and have them exit on Parley's Way without having to exit across incoming shopper traffic at the Stringham stub onto Foothill Drive. According to Walmart's presentations at community meetings, truck traffic will circulate clockwise and exit at the Stringham stub onto southbound Foothill Drive. Because of the multiple difficulties with trucks exiting via the Stringham stub onto Foothill Drive, their site plan is probably more accurate than their verbal statements. VValmart will repair the frequently-flooding storm drain at their expense. It should be repaired anyway.And soon. Walmart says it is the City's responsibility. "Better parking lot draining." Walmart will be required to conform to current building codes,which require catchment of all runoff on the property. "More trees and shrubs." Walmart will be required to meet minimum City requirements, which requires much more greenery than in 1968 when Kmart was built.. "More energy efficient." Walmart could put in the same insulation value and same HVAC equipment that they do in their new stores. COSTS IF REZONED AS WALMART REQUESTS Costs to improve ingress and egress will fall entirely to the owners of the particular roads, based on statements Walmart made in East Bench Community Council Meeting. Costs to prevent left turns from northbound Foothill Drive fall (state). Costs to improve entry/exit at the Stringham stub onto Foothill Drive (city). Costs to improve Wilshire / Parley's Way signalization (city). Costs to widen the bridge at the northbound Foothill Drive exit (federal). Reduced tax revenues due to shuttering of several competitors. Increased state welfare costs due to 50% reduction in charitable contributions per employee compared to small businesses. See http: 'v '1`.'lv".11t1,.!zoV'/,earch/product.,l,nv?ABBR-PCi`17 fl2i»-,. (i 2 Email_LVanHook_11-17-10_Opp0sed.txt ,* From: Laura van Hook [lkvanhook@gmail .com] Sent: Wednesday, November 17, 2010 10:55 AM To: Mills, Wayne; council .commets@slcgov.com; jtmartin@slcgov.com subject: walmart Rezoning Categories: Other Dear Planner and City Councilmen, I am writing to voice my opinion regarding the walmart Rezoning. I feel strongly that no rezoning should not be allowed. we have a responsibility to preserve our neighborhood in it's current state. The options that walmart would have with re-zoning could seriously jeopardize the function and form of our neighborhood, making it a less pleasant place to live. This could also negatively impact our property values. Please do not allow this rezoning. Laura and Michael van Hook 2804 Arcadia Heights Circle SLc, UT 84109 Amok Page 1 Page l of 1 From: john.ogilvie@comcast.net Sent: Sunday, November 21, 2010 12:31 PM To: Mills, Wayne; Council Comments; Rep. Brian S. King; Senator Ross Romero Cc: keepourzoning@gmail.com; Jan Brittain Subject: Tribune pro-WalMart editorial? Categories: Other (I posted this on the Salt Lake Tribune site today. Thanks for your attention to this matter.) I live across from the Parley's Way Kmart/WalMart site. The November 19 editorial in the Tribune says that a big box store will be built there, and that the only question is the size of that store. I am not convinced. Is WalMart legally required to develop the property in a particular way? Is there anything preventing WalMart from getting the zoning changed and then selling the property? My understanding (based on some research) is that it's possible the rezoned property could be developed and used, for example, as a pit stop for truckers travelling I-80, with dozens of diesel and other fuel pumps, a store, a restaurant, sleeping accommodations, and overnight parking for 18-wheelers and other commercial trucks. Even if WalMart has some legal obligation to develop the property as a store in line with the presentations made, if there is enough profit to be made by violating the obligation, what's to stop that from happening? There is too much uncertainty here for me to be convinced that the Tribune's editorial is accurate. Page 1 of 1 From: Heather Whidden [whidden.h@gmail.com] Sent: Thursday, November 04, 2010 12:23 PM To: Mills, Wayne Subject: Walmart rezoning-SAY NO! Categories: Other Dear Wayne Mills, As a concerned citizen who lives just west of Walmart's Parley's Way property, I want to express my frustration that once again Walmart is pushing for rezoning. I have no problem with Walmart developing a store at that site, but I do have a problem with them attempting to wear down the SLC council to get exactly what they want--the ability to build BIG. The surrounding community doesn't want or need a mega store at that site. Thank you, Heather Whidden flP•//T•\F,,,.,1nuppc\Wavna\Wa1-Mart\Pi ir. r.nmrnent.c\Finail T-TWhidden 11-4-10.htm 1/5/2011 Page l of 2 From: Deb Day Olivier [debdayolivier@gmail.com] Sent: Monday, November 15, 2010 9:16 AM To: Mills, Wayne Subject: Fwd: Walmart Rezoning-No thanks Categories: Other Forwarded message From: Deb Day Olivier<dcbdav olivier a c7mail.com> Date: Mon, Nov 15, 2010 at 9:14 AM Subject: Walmart Rezoning-No thanks To: wwavnernills i slccov.com, council.comments`a slcL'ov.com,jt.nlartin a slcem.com Please stop the request by Walmart to rezone their property at 2705 Parleys Way (formerly owned by KMart). The new zoning would go against the Master Plan. Walmart has presented their plans for the rezoning, but refuse to sign a Letter of Agreement to implement their pretty plan. There seems to be no way we can make them do what they propose without the Letter of Agreement. Also they could build as proposed, and then a few years later do something else much less community-friendly. For example, they could install a gas station in the area they said could be used for restaurant use, etc. They could plant 1,000 trees and shrubs, and change trucking routes with the zoning as is, but only propose these desireable actions if they get the Master Plan changed and the rezoning they want. They can retrofit the existing building to be "greener". We need to look to the future and see what harm can be wrought by altering the Master Plan and rezoning this parcel. The hundreds of empty big box stores left behind by Walmart (they write exclusions that prevent others from using the buildings for retailing) are just one aspect of their disregard for communities. I realize a living wage is not in your control, but I waited on many Walmart employees at Hildegard's Food Pantry at St. Mark's Cathedral. The Forbe's list of the 10 wealthiest Americans contains 4 Waltons, the family that started Walmart (Christy,Jim,S.Robson and Alice Walton), with over 80 billion in assets between the 4 Waltons. I think some of this money could be put to better use providing a living wage and affordable health insurance for their employees. Maybe some of it could be used to recycle their building here in Salt Lake, install lower parking lot lights, seriously upgrade the landscaping, etc.WITH the present zoning. Let's keep the Master Plan and the zoning as is. For my neighborhood, smaller is better. Harmon's found a way to work with Emigration Market's small footprint, Walmart can find a way to work with KMarts. Regards, Deb Day Olivier and Marc Olivier Deb Day Olivier 1941 S. Wasatch Drive SLC, UT 84108 Page l of l From: Keep Our Zoning [keepourzoning@gmail.com] Sent: Tuesday,January 04, 2011 8:50 PM Asiik To: Mills, Wayne Cc: davidfawson@msn.com Subject: Fwd: Walmart on foothill Categories: Other Mr. Mills, Walmart heard loud and clear that their defeat in 2008 was due to lack of support. They have been soliciting (only positive, apparently) comments at each of their other stores, plus "robo-calling" customers for whom they have contact information to attend Community Council meetings (at least one who could only remember giving contact information to Walmart Pharmacy, a possible HIPAA violation if true) and inviting same to focus groups (dinner and $60 voucher included). Their employees were told to leave the Sprague Library grounds where they were soliciting comments. We suspect the support they are demonstrating is more astroturf than grass roots. Please forward this to the Planning Commission. Thanks. Begin forwarded message: From: David Fawson <davidfawson@msn.com> Date: January 4, 2011 7:45:21 PM MST To: "keepourzoning@gmail.com" <keepourzonina( gmail.com> Subject: Walmart on foothill Reply-To: David Fawson <davidfawson@msn.com> I_want_to help my Yes Telephone: 8016541262 I was at Walmart last week and there were people soliciting information on the foothill Kmart/walmart proposals. I indicated that I did not want to change the zoning and he no longer wanted input. Just want you to know that I do not want to change our zoneing!!! Page 1of1 From: David Dungan [ddungan2@comcast.net] Sent: Thursday, November 11, 2010 1:13 PM To: Mills, Wayne; Council Comments Subject: NO to Walmart Rezoning Categories: Other I urge you in the strongest possible terms to deny the Walmart request to rezone its property on Parley's Way. This is a neighborhood that does not need a "Super Store" now nor anytime in the future. DO NOT CHANGE the existing zoning nor the Master Plan. A store built in compliance with current zoning guidelines will be fine. Thank you for your consideration in this matter. D.A. Dungan 2222 Wasatch Drive 84109 801-467-7907 `'1 " Page lof1 From: Chris Orrock [chrisorrock@yahoo.com] Sent: Tuesday, November 16, 2010 10:08 AM •aft* To: Mills, Wayne; Council Comments; Martin,JT Subject: East Bench/Walmart Zoning Categories: Other Dear Sir or Ms., I am a longtime resident of the East Bench community Indian Hills, located east of Foothill Blvd. I am writing to encourage the City Council and Planning Commission to give due consideration to our community and both it's living, aesthetic and property values in their decision on whether or not to accede to Wal-Mart's request for new, unprecedented zoning changes for it's planned Parley's Way store. The value in any neighborhood lies not merely in it's potential tax base,but in it's livability and continuity. Granting re-zoning to Wal-Mart would adversely effect both of those assets. That does not stop the Wal-Mart corporation from routinely challenging zoning laws in almost every new box-store it builds, despite resident's objections. It often reveals nothing less than corporate contempt for both the Council members and residents in those communities. The only sensible Planning Commission and City Council ruling would be a compromise between Wal- Mart's standard tactic of challenging neighborhood and community zoning laws, and the citizens of those communities effected, in this case,the East Bench community. That compromise would take the form of denying Wal-Mart's request for re-zoning, thus allowing them to build their store within the sensible confines of our existing zoning laws and without causing unnecessary damage to the livability or continuity of our East Bench community. Sincerely, Chris Orrock SLC, Utah Page 1 of 2 From: Andrea Wargula [awargula@msn.com] Sent: Friday, October 22, 2010 2:46 PM To: Mills, Wayne Subject: wal-mart Categories: Other to whom it may concern, regarding wal-mart rezone-petition there is no reason wal-mart can't operate within the CB zoning. the property was purchased with knowledge of the zoning designation, and i see no reason why wal- mart needs to change that designation. they can still run thei h�, ne› t' 1 'g g r t �,, r �i � ,n�? � f i 1 ,0� � <:n‘ that is a major point, is it not? the master plan was created by nanny people. includinu professional planners and community members over a long period or time. why should ONI'. business come into our eommunit\ and dictate the shape and events in our community. and SI.C's mater plan? when i think of wal-mart and this issue (Parley's rezone petition) i think of a spoiled child that won't listen to the other kid's on the block, nor their parents... i think of bullies ... i think of wal-mart as a guest in our house (SLC east bench community), and as a guest, wall-mart should respect our plans, (Master Plans) and guardians ( SLC PLANNING and COUNCIL) ( and that the Planning Division and the Council shouldn't just give the kid (wal-mart) what they what just to shut them up) I could see trying to push one's ways on others when one is committed to the good of the community.... but,. Wal-mart is committed to making money (that's what they do) i don't have a problem with that.... i do have a problem, however, with greed) ( they claim to provide us with affordable alternatives....great... we have many affordable alternatives here already... a REZONE is not necessary for them to still provide nsw ith their alternatives) ( i might even suggest that there would be NO infusion of money, into our loc.:I econo:nv. because i see most of the ohs hein� filled by peopie O;• I SIDE; of our local community) as i wrote, ultimately, wal-mart is in the business of making money, NOT building, enriching, or maintaining communities. I have personally met some of the representatives wal-mart has used in thier public involvement efforts... i really did feel like i was dealing with my 4th grader ( she rolls her eyes, exaggerates, whines, speaks to me in a condescending way, and throws tantrums when she doesn't get her way) I find wal-mart's conduct strikingly similar you, ( planning commissioners and staff, and city council members) are the guirgardinasdians of our Page 1 of 1 From: Arline Holbrook [arlinej@q.com] Sent: Saturday, November 13, 2010 10:54 AM To: Mills, Wayne Subject: Proposed Zoning Change on Parleys Way Categories: Other Wayne, As a resident of the neighborhood which will be seriously impacted by a zoning change, I would like to voice some of my concerns about what will happen if the request is granted. If the zoning changes for WalMart or any other big store, it is likely that other neighborhood stores that are now just barely hanging on will close their doors and we'll be stuck with those empty buildings--buildings such as Rite Aid and probably a grocery store or two. We've been lucky that the building on 2300 East 2100 South with Fresh Market in it has always had a store in it, even though it's changed hands/names at least 4 times in recent years, but that could change with a supercenter up the street. Then down the line, if/when WalMart closes down and leaves an empty building, we'll have lots of empty buildings in the general neighborhood. If the zoning stays the same, we won't have to deal with big empty buildings. Businesses come and go and there will always be empty buildings from time to time, but smaller buildings are more likely to be bought up and reoccupied. Cases in point: Fisher Dairy on Parleys Way became a cleaners which became Flowers for You. However, the Dan's store on 2300 East and Parleys Way was empty for many years, and then only partially filled by Rite Aid until recently when Anytime Fitness moved in. Some people are complaining about the eyesore the K-Mart building is now, but it's an empty eyesore because WalMart owns it and nothing can be done with it until they develop or sell the property. I don't think another building of the same size or larger will be any less of an eyesore. What will look best and fit the community is to keep the zoning as is and develop the land accordingly. No, I'm not trying to tell WalMart what to do with their property as someone has accused, but merely expecting WalMart to do what the community they want to be a part of requires of property owners, using the same zoning that was in place when the property was purchased. Another concern I have is the increase in traffic because Foothill can't handle the additional traffic a large retail business would bring. WalMart can say that Parleys Way can handle it, but they aren't going to convince customers to use Parleys Way over Foothill unless they shut off the Foothill access. Even then, many people would drive along Foothill, take the Parleys exit and then use that entrance, still adding to the already heavy traffic on Foothill. WalMart won't shut off that spur anyway because they're planning to use it as an exit for their trucks. Several semis a day exiting on to Foothill will add to the problem, probably necessitating another light on Foothill so the trucks can get out. I don't know how they think semis will be able to make it up that narrow, steep road in the winter. My guess is that people in Alabama don't have any idea of what a heavy snow does to that type of an egress. WalMart has said that they can put a store in under the current zoning but prefer to be able to build bigger and better. Bigger isn't always better. Please leave the zoning the way it is now. Arline Holbrook 2415 Lynwood Drive SLC, UT 84109 Mills, Wayne From: Kathy Adams [kathyslc©gmail.com] '° Sent: Monday, November 22, 2010 11:03 AM To: Mills, Wayne Subject: Re: IDEA! Categories: Other I'm curious -- would rezoning allow for Parley's to become another 3rd West with Home Depot, Costco, Sam's Club, Ashley's Furniture, micro-breweries -- completely changing the character of our neighborhoods? Also worth noting, the president of the East Bench Community Council who is very much in favor of the rezone, lives nowhere near Parley's. He lives on Chancellor near St Mary's/Bonneville Golf Course area. The two- minute time limit we citizens are allowed to make our point in these council meetings is no match for the 45- minute, power-point presentation by Walmart's professional marketing team. The system seems unfair and I feel under-represented by the East Bench Community Council. I would suggest at the next city council meeting, Walmart is given the same two-minute time limit the rest of us must adhere to. Again,thank you for your reasonable approach -- Kathy On Mon,Nov 22, 2010 at 8:49 AM, Mills, Wayne <\vavne.mills cr slc<_ov.com> wrote: Thank you for your comments Ms. Adams. Wayne \fills Senior Planner Salt Lake Cit\ Plannine Dig ision 451 S. State Street. Room 406 PO BON 145450 Salt Lake City. U1 S41 14-54S0 Phone: 801-5 35-7282 Las,: SO l-535-6171 From: Kathy Adams [mailto:kath slc r Tr,Zail.co�a] Sent: Thursday,November 18,2010 7:51 PM To: Mills, Wayne Subject: IDEA! I thought about your question of what I would choose to put in the Walmart space that could benefit the most people? If a l5th&15th type, small businesses (book shops, coffee shop, ice cream shop) isn't possible, I would love to see a school there -- with playing fields and a playground. That would be my dream. i cl • 28 January 2011 Wayne Mills Salt Lake City Planning Commission 451 South State Street Room 406 Salt Lake City, Utah 84111 Dear Mr. Mills, I live in Country Club Ridge Condominiums on Parleys Way. I am writing to ask the Planning Commission to vote NO on Walmart's request for rezoning of the old KMART property. This change is of great concern because of the noise and the disturbance that will result from large trucks going up and down Maywood drive 24 hours a day. This change will affect the value of our property and the quality of our existing community. I do not object to the mixed use zoning that currently exists but the requested zoning change will adversely affect the quality of our life. Please be cognizant of the problem you will be creating for those of us at Country Club Ridge and Foothill Place Apartments. Please vote NO when this zoning change request comes before the Commission. Cordially Yours, Betty Lynn D vis 2665 Parleys Way#213 Salt Lake City, Utah 84109 (801) 583-1599 blyndavis@yahoo.com .'lgG4Tx. To: Wayne Mills, Salt Lake City Planning Division January 26, 2011 The purpose of this letter is to express our strong opposition to a Walmart request to rezone the existing property on Parley's Way. A rezone would allow for one business, Walmart, to benefit greatly with little regard to the East Bench Master Plan and would have a negative impact on the surrounding neighborhood. Traffic is a critical issue on Foothill and is already at capacity although Walmart claims it won't effect Foothill. It is just too hard and out of the way for many cars not to travel on Foothill to get to this location. Parley's could handle more traffic, however between 4 pm and 6 pm Parley's would get very congested. We feel zoning that would allow for more businesses of a smaller size, similar to what has already been developed on Parley's, would serve the city better. �aY We also feel that Walmart will have the effect of pulling a lot of shoppers from outside the immediate area increasing traffic and pollution to the neighborhood and city. Another concern with a rezone is it would make this piece of property more valuable to Walmart, which possibly could lead to Walmart selling the property if things don't work out well business wise for them. We just feel Walmart is not a good fit for this piece of property. Their plan is not consistent with the current zoning and we do not think Walmart should be granted a rezone. Sincerely, Charles, Cheryl and Elizabeth Y es 2646 East Maywood Drive SLC, Utah 84109 Mills, Wayne -rom: Wanda Gayle [wgayle@sisna.com] sent: Wednesday, January 26, 2011 8:22 PM To: Mills, Wayne Subject: Comment on WalMart Parley's Way rezone application Categories: Other I've lived between the -Former K-Mart on Parley's Way (now owned by WalMart) and the Sugar House Commons shopping area for 25 years. I remember the residential community that existed byfore ShopKo, Nordtrom's Rack, and etc. Mostly I remember the ease of getting on the freeway to commute to my job or going over to Brickyard Village before thousands of vehicles were trying to get in and out of Sugar House Commons. Now I have the same trans-Formation to look forward to on Parley's Way if WalMart is successful in getting rezoned -From CB to CS. Just on the traffic issue alone this rezone should be denied, though there are other issues such as the WalMart-City agreement that leaves out community input and in the future and makes the rezone application questionable. New CS zoning for WalMart opens the door to a much bigger enterprise than a single WalMart on the Parley's Way property. I see things getting worse, much worse, from the standpoint of a long- time neighborhood resident. Please recommend no rezone. hank you, .anda Gayle Sugar House 1 Mills, Wayne From: Amy Barry[ALBarry@slco.org] Sent: Thursday, January 27, 2011 3:03 PM To: Mills, Wayne Subject: walmart comments Categories: Other January 27,2011 Wayne Mills Salt Lake City Planning Division 451 S State St Room 406 SLC,UT 84111-5480 RE: Walmart/Parley's Way Dear Wayne: Please accept my following comments for the upcoming Planning Commission hearing on the Walmart/Parley's Way rezone. As a member of the Sugar House Community Council and nearby resident I have been involved in this rezone issue for the past year. I respectfully offer my objection to granting Walmart the requested rezone and amendment to the East Bench Master Plan. I believe in community involvement with regards to the neighborhoods we live in and have great respect for community driven master plans. Those who have worked on developing master plans know this is not an easy process and the result is usually a strong representation of what the nearby residents really want to see in their neighborhood. The current zoning is a reflection of this vision and should be honored regardless of who owns any particular building. Unfortunately there is no sunset for a rezone and the result of any fialk zoning change would be a permanent fixture for this area. ' The question of the Walmart rezone has led me to ponder the question of nonconforming buildings that ultimately conflict with the vision set forth in any given master plan. The question raised is if these nonconforming buildings should be grandfathered in perpetuity. Clearly the East Bench Master Plan calls for smaller buildings for this area with the hope that at some point in the future a development will occur that brings to life the vision identified in the document. For those who believe that day may never occur I would point them to look at the Sugar House business district developments to realize that while it may take years to achieve we should not so easily deviate from the development and zoning principles identified in the master plan. I urge the Planning Commission to honor the vision of the East Bench Master Plan and the community vision for zoning of this parcel. While I do believe Walmart can build a nicer looking structure that may be smaller the implications of amending the master plan and granting the rezone will indefinitely cement a big box retailer for this parcel that is in direct opposition to the current zoning regulations. I believe Walmart is fully capable of doing a tasteful and attractive remodel that will be a credit to their name and a good neighbor. I commend them for wanting to "do better"than the current building in terms of serving the community. I just believe more strongly in the honoring the vision of community driven master plans. Cordially, Amy Barry 1178 Ramona Ave SLC,UT 84105 801-699-6924 ANN Amy Barry Elections Coordinator 801-468-3135 albarry a slcO.on 1 .0 Mills, Wayne -rom: burtcassity@aol.com ent: Wednesday, January 26, 2011 2:14 PM To: Mills, Wayne Subject: Parleys Way Rezone Categories: Other Dear Mr. Mills, I would appreciate you forwarding this letter to the Salt Lake City, Planning Division regarding my strong feeling regarding the rezone which would permit construction of the proposed Walmart in our area. I am a resident at 2642 Maywood Drive. The added trafic that this construction would cause in our immediate area is really not satisfactory for our quite neighborhood. This would change our area for the purpose that each of us bought in this area for. Our main purpose in buying here was to avoid situations that this proposed action would cause. I am strongly opposed to this proposal. Respectfully, F. Burton Cassity 2642 Maywood Drive Salt Lake City, Utah 84109 1 D C eL2 mac ci Mills, Wayne From: Shannon Bergmann [shannonbergmann@me.com] """ Sent: Thursday, January 27, 2011 4:18 PM To: Mills, Wayne Subject: Wallmart Categories: Other We live just above Foothill and the thought of a huge store replacing K-mart is just too much for the surrounding neighborhoods. Reasons? 1. The thought of Foothill having anymore traffic just won't work. Foothill is gridlocked during commute times and is extremely busy other times of day. I see accidents weekly at either the merge from Parley's to foothill, or Parley's to I-80 or I-80 exit onto Foothill north, or Thunderbird and Foothill or 2100. Putting a Wallmart as a draw will send even more traffic down Foothill, and the accident areas mentioned earlier. 2. This big box store will have extreme lighting in the parking lot which will light up the neighborhood. Especially extended hours. Additionally, those neighbors above foot hill will see the beaming lights. 3. If zoning changes, what will happen to apartments in a few years. Will this area become a mini business strip mall district like that of 6200 S just off the freeway. What a beautiful sight to see . . . a bunch of high rise buildings, extra traffic, parking garages, etc. Grandfather this in . . . in 10 yrs we'll grandfather in the adjacent properties. . . . houses won't see the hills above the H now open space for not only it'f view, but a place firik people to recreate after work. *00' 1 Mills, Wayne 'rom: Mary Mabey[mugs.mabey@yahoo.com] .ent: Thursday, January 27, 2011 4:14 PM To: Mills, Wayne Subject: Walmart Rezone Categories: Other Dear Mr. Mills, Thank you for letting us give input regarding Walmart's desire to rezone the property on Parley's Way. I live just south of Parley's way on 2500 East. I am not against Walmart, I just strongly support staying with the current zoning. I do not wish to see Parley's Way developed to the level that Walmart is wishing. As a neighborhood, we have already had other businesses wish to change their zoning and we have worked hard and been able to keep it where it is. I really get tired thinking that we will have to keep at this business by business. I am desirous that the zoning on Parley's Way stay consistent with the master plan. I know that Walmart has the ability to make something wonderful within the current zoning. They have very smart and talented people working for them; I know they can make it work for both the community and their business. I am looking at a broad picture for the area and sincerely hope that the current zoning is supported for our community. I am here for the long run. These businesses come and go. Thank you for your consideration, "Mary Mabey .,97 South 2500 East SLC UT 84109 1 27 January 201 1 Wayne Mills Salt Lake City Planning Division 451 South State Street Room 406 Salt Lake City. Utah 84111 Mr.Mills: I am writing to ask the Planning Commission to deny Walmart's request for rezoning of the old KMART properly. I live at County Club Ridge Condominiums. I understand that Walmart is the owner of the KMART property. They have a right to operate a commercial facility on that property. As a residential neighbor, 1,and the other 38 homeowners at Country Club Ridge, arc also property owners with an expectation that we will be able to live in our condominiums without a lot noise from the activities of nearby businesses. The rezone request includes a plan to locate a new building further south on the property to accommodate an expanded loading dock and includes the use of the section of Maywood Drive that proceeds east off of Parleys Way as an access route for semi-trucks and loaded trailers. This road was not built to accommodate heavy truck traffic. If the rezone is granted, what quality of life will the residents of Country Club Ridge and Foothill Place Apartments have with this dock and the noise associated with the loading and unloading of these enormous trucks in our backyard? Can the Planning Commission guarantee that Walmart will observe the requirement to load and unload only during daylight hours? Otherwise, a rezone decision affects the value of our property and the quality of our communities. Without the rezone,at least some of the noise to the residential citizens will be muffled by the existing building. Our condominium association has already had to rebuild a large retaining wall due to the city's failure to correct the drainage system from the vast parking area associated with Walmart's properly. Our association has paid 840,000.00 for these repairs and the wall is not completed yet. We contacted the Walmart area , manager's office and were told that Walmart would not repair the drainage system unless they were granted the rezone. The city is already waiting for Walmart to repair a system that is causing structural failures rather than taking action to prevent damage. The city did put up a sandbag wall to prevent surface water damage but the sandbags have been in place for four years and are deteriorating to the point that they are merely an eyesore. It's also worth noting that in that four year period there have been no surface water issues observed of any kind. We have contacted the city repeatedly but they do not even extend the courtesy of returning our calls at this point. What type of response can we expect if there is further structural damage based on the extensive use of Maywood Drive for heavy truck traffic? Again, please vote NO on the rezone issue when it comes before the Commission. We realize we live in a multi use zone and we want to be good neighbors. We would also like to think that Walmart can be a good neighbor hut so far. we've seen little evidence to support that possibility. Sincerely. . . a), (M/ {(1/7e 1' a'• 'tk MarjoriF 7 . Tucker 2665 Pdfleys Way #307 Salt Lake City. Utah 84109 80 1.673.9818 margetucker@gmail.com Mills, Wayne Kayeterry22 [kayeterry22@yahoo.com] 'ent: Thursday, January 27, 2011 7:53 PM To: Mills, Wayne Subject: Walmart rezone Categories: Other I am writing to you and the City Council to urge a no vote on the Walmart rezone. My husband and I have lived on Elm Avenue since 1978, about 3 blocks from the Walmart property. We love the neighborhood and have been active in community affairs to preserve all of it's best qualities. Among those qualities are quiet streets and safe, cohesive neighborhoods. Rezoning for Walmart will bring much increased traffic and noise both day and night. Furthermore, Walmart knew what the zoning was when they bought the property and apparently felt they could make a store work under that zoning. Kmart existed for years with that zoning and so can Walmart. Respectfully, Kaye and Rob Terry Sent from my iPhone 1 Mills, Wayne From: Kenner Kingston [kkingston@archnexus.com] Sent: Friday, January 28, 2011 8:21 AM To: Mills, Wayne Cc: Simonsen, Soren; Martin, JT Subject: Wal-Mart Rezone Categories: Other Mr. Mills, I would like to take a few moments to share my position regarding the upcoming rezone petition that will be made by Wal-Mart for the property formerly owned and occupied by K- Mart. My perspective is unique in that I am a practicing architect and partner in a firm located at 2505 Parleys Way just down the street from the subject property. What's more, I am also a resident of the area living at 1615 Blaine Avenue. Inasmuch, I see this issue from a professional, business and personal perspective. Professional The real question surrounding the rezone issue in my mind as a practicing architect relates to the core values embodied in planning and design. The master plan and subsequent zoning designation exist for a reason, and I am opposed to the rezone in part because I believe we have to allow our plans to exist long enough to be fully realized. If the plan is changed based on a single property owner's needs then I believe the plan's intrinsic value is harmed. While this is not true for every rezone request, the property in question is key to the long term vision of the area. The change in vision suggested by the rezone is not in keeping witl3,,, the current direction of development in the community. "� Business Wal-Mart has argued that they will be able to provide more and better services to the community if their petition is approved. The truth is that this community wants pedestrian oriented mixed use in that location not big-box services under a single roof. There is a reason that K-Mart failed to produce sufficient sales in that location and closed as a result. Wide-reach retail is more suited to the pure suburbs. Good business would be served by infusing people into the neighborhood in the form of housing and office uses, not simply more retail. As proof, it is notable that there is a failing strip mall on Parleys Way between my office and the subject property. Personal I am the Director of Sustainability at Architectural Nexus and have genuine passion for green design, construction and stewardship. My firm has recently demonstrated our commitment to this issue by renovating the old Bally's Fitness facility at the top of Parleys way. Our new Design Center is on track for LEED V3 (2009) Platinum and took advantage of Salt Lake City's expedited plan review for sustainable projects. One fundamental of sustainability is re-use - we didn't throw away a building as Wal-Mart suggests is necessary. Our neighbors are delighted with the result and we have received countless compliments and zero resistance as we repaired a hole in the fabric of the city. That's exactly what's missing in the case of this petition for rezone - a sense of community intimacy and of social responsibility. I have a great deal of appreciation for the complexity of the decision that will be made irk, the coming weeks and would like to offer my support to your organization in any way I can. would be happy to lead a tour of my office and/or provide graphic information about it to you if it could be of some benefit to the Planning Commission, City Council or other portion of 1 Mills, Wayne From: Kamihatch [kamihatch@aol.com] Sent: Friday, January 28, 2011 9:31 AM To: Mills, Wayne Subject: Wal Mart Rezone Request Categories: Other Dear Salt Lake Planning Commission Division, I am writing concerning the Walmart Zoning on Parleys Way. I am against allowing Wal Mart's request that the current zoning be changed from Community Business(CB)to Community Shopping(CS).This property and the surrounding areas would become more congested with traffic and be inadequate for the use of public facilities that the property was intended to serve. The community as a whole is not opposed to business in this area, however, a community shopping center like Wal Mart is not ideal for this location. From the Foothill Land Use Study by Urban Planning Students at the U of U, Spring 2007, ". . . the objective of this study is to help alleviate traffic and congestion along the neighborhood roads of the area. The continued use of the site for a large retailer such as Kmart, Wal-Mart or Target would become a regional attraction, therefore increasing the area's traffic volume and congestion. A mixed-use development could contribute to the needed employment in the area while staying consistent with the current usage along the corridor." "It is envisioned that the [Kmart]site be redeveloped as a mixed-use,transit-oriented village. The village should be designed as a walkable community with pedestrian-oriented design elements, connecting to Foothill Drive and the surrounding community. The uses of the site should include housing, office and retail. The housing should be a mix of apartments, condominiums, and townhomes, helping meet the needs of future growth and allowing for a diversity of housing options in the area. Retail should be oriented towards smaller, locally-owned and operated businesses, keeping with the unique character of the Foothill Drive corridor." Because Foothill Drive is already at maximum traffic capacity,the idea is to create traffic flow to Wal Mart from Parleys Way.Wal-Mart's traffic study projects an additional 400 vehicles per hour in and out of the Parley's-Wilshire intersection between 5 and 7 p.m. It projects no impact on Foothill Drive because shoppers are expected to magically find their way to Parley's Way without the use of Allik Foothill Drive, and figure out how to return to East Bench and University neighborhoods without using Foothill Drive. It also projects impact on Stringham Ave. even though that would be the first choice to get back to Foothill if the driveway is too backed up. I am wholly against this type of violation of our community and neighborhoods. Do not allow Wal Mart this rezone request!! Sincerely, Kami Hatch 2455 Wilshire Drive Salt Lake City, Utah 84109 1 January 30, 2011 Wayne Mills Salt Lake City Planning Division 451 South State Street Room 406 P.O. Box 145480 Salt Lake City, Utah 84111-5480 Dear Mr. Mills, We write this letter as neighbors of the proposed Wal-Mart at 2705 East Parley's Way and architects who practice in Salt Lake City. We support the current zone, CB (Community Business District), the city has given to this parcel. It is consistent with the East Bench Master Plan and the expressed wishes of the community. We do not think a big box super center is appropriate or desirable in a residential area - not just ours but any. We also worry about the volume of traffic, shoppers and delivery, such a super center will bring and the ability of existing infrastructure to handle it. Equal to our concern about scale and traffic is the unfortunate lack of variety that follows the opening of a big box store such as Wal-Mart. It is well-documented that Wal-Mart forces the closure of surrounding local merchants and greatly hampers the growth of locally owned businesses, such as markets, restaurants, and boutique stores, in the area. The variety of experience provided by smaller, multiple vendors helps to enliven a neighborhood and make it vibrant. We see evidence of this around our city in multi-use neighborhoods such as, 11`h East and 21st South, 9`h East & 9`h South, 15th East & 15"r'South, and 13th South & 18t" East - all well-used and very walkable. We urge the Planning Commission to enforce the current zoning in an effort to maintain a reasonable scale for current and future buildings on this property and to help make our neighborhood more livable. We acknowledge that Wal-Mart now owns the property and has the right to use it. However, it does not seem prudent for the city to let Wal-Mart set the rules. Like most of our neighbors, we look forward to the day this site is improved from its current, unmaintained and vacant condition. However, we do not put short term gain ahead of long term planning and best practices for our community. We cannot be swayed by promises of additional landscaping - this is small potatoes in the larger scheme of things. What will the future hold for our neighborhood if this property is changed to Community Shopping? Will we one day be faced with a regional shopping center of which Wal-Mart is but a part? It is entirely possible for Wal-Mart to work within the stipulations of the existing non- conforming use by exercising their creativity and adapting the K-Mart building to meet their needs. This is common practice around the world. In fact, many fine examples can be found right here in Salt Lake City - starting right down the street at Architectural Nexus. With the current cost of construction, raw materials, and transportation, it is unlikely that Wal-Mart can build anew for less than it can remodel. By extending the life cycle of existing building stock, Wal-Mart could conserve resources and reduce the environmental impact of materials manufacturing and transportation. Building reuse also significantly reduces the volume of construction waste. It is a strong sustainable strategy acknowledged by the U.S. Green Building Council in its LEED Rating Systems. Wal-Mart could reuse the existing structure and envelope and upgrade building components that would improve energy and water efficiency such as windows, insulation, mechanical systems, and plumbing fixtures. Some of the money they save on building construction could be used to landscape the parking lot (as they promise), bringing it up to current zoning code and reducing the heat island effect created by the field of asphalt that exists on site now. Don't be fooled by Wal-Mart's claim that they will demolish the building and divert 90% of the construction waste from the landfill, though not registering in the LEED program. Separation of waste during demolition is expensive and far more time- consuming. As architects, we know how difficult it is to work this kind of construction waste management goal into a project's budget and construction schedule. Even when a project is registered in the LEED program and all parties are contracted to produce certification, this is a difficult goal to meet. Salt Lake is a progressive city whose leaders have embraced sustainability and promote a strong local economy. Please support our vision of a sustainable community and the future potential of such prime real estate - which also happens to be a gateway into our city. We urge the Planning Department to limit the impact of Wal- Mart and future big box retailers on our neighborhood. Respectfully, Ink Valerie W. Nagasawa, AIA, LEED AP Ralph T. Nagasawa, AIA Wal-Mart Objection Wal-Mart is asking for a zoning amendment. They are requesting the current zoning to be changed from Community Business (CB) to Community Shopping (CS). 1. I have lived in the area since 1947, with the exception of four years after 1966, after my wife and I were married. We moved back into the area in 1970, due to its' many prestigious amenities, schools, churches and the convienance of the surrounding area and we still live there. My in-laws moved into the area for the same reasons in 1961. 2. A petition was circulated by area property owners regarding a proposal to rezone the Kmart property in the early to mid 2000's and my parents and in-laws signed the petition objecting to the big box store at that time. 3. I have personally watched the traffic increase dramatically with the existing community business expansion and freeway access. 4. My wife and I are presently in the process of negotiations to purchase another home even closer to the area of the proposed Wal-Mart store. If the Wal-Mart rezoning application is approved for a Super Center/Big Box Store in the area we would strongly consider moving to another neighborhood. The area is presently taxed and considered residential Country Club. If the old Kmart (10 acre) parcel is rezoned Community Shopping (CS) the surrounding property values will fall and the property taxes should be reclassified. This would negatively affect the entire tax base for Salt Lake City! 5. There are two strip malls in the area struggling to stay in business with an ever growing vacancy rate. This area does not need even additional Community Business (CB), let alone an additional Community Shopping (CS) Super Center or even a Big Box Store. Wal-Mart has two Super Centers within fifteen minutes away from this location. One is located at Kimball's Junction and the other one is located at approximately 1300 South and 300 West in Salt Lake City. Both reasonable drives for anyone wanting to shop at these locations. Kmart closed the store at this location due to drastic falling profits and failing business. 6. The only Community Shopping (malls) east of State Street are Foothill Village, Brickyard Plaza and the Trolley Square areas. These are community level shopping centers that draw traffic and congestion from all over the city and beyond. 1 .40m% 7. Referring to the Foothill Land Use Study by urban planning students at the U of U, spring 2007 pg. 68: "...The objective of this study is to help alleviate traffic and congestion along neighborhood roads of the area. The continued use of the site for a large retailer such as Kmart, Wal-Mart or Target would become a regional attraction, therefore increasing the area's traffic volume and already congestion..." 8. The proposed amendment is not consistent with the purpose, goals or objectives of the East Bench Master Plan, April 1987 pg 6 stating: (A) "Major Zoning Changes in the East Bench Community are neither Anticipated or encouraged. Changes involving expansion of existing business sites in response to documented needs should be reviewed cautiously and approved sparingly". (B) Appendix I: Zoning Change Compatibility Considerations should carefully review the following; 1. The property must be on a street that can handle additional traffic. 2. "Spot or Strip" zoning to accommodate a new business is strongly discouraged. 3. New businesses should be designed to be a logical extension of the adjacent businesses and residential area, maintaining a AlIN complimentary building design, landscaping and ease of traffic access and egress, - not additional congestion. Rezoning this property would be spot zoning at its worst. 9. When Kmart was built, there was no community input, by the neighborhoods and residents were told this was planned for a residential development in the future; they (Kmart) obtained a building permit over the counter and started digging. Neighbors had no idea that anyone was going to build a big box store with 8 acres of asphalt parking lot on prime real estate, with fantastic views. This development consisting of 10 acres of incredible real estate was not harmonious with the development of existing residential property in the surrounding neighborhoods. My grandmother lived on Parley's Way and my aunt lived on Wilshire Drive and their properties were both affected negatively. 10. According to an article in the Salt Lake Tribune Jan. 29, 2011-A VISION FOR AGING SPRAWLING SUBURBS. "The suburbs boomed after World War II, as housing developments, garden apartments, office parks and strip malls popped up around the nation. Half a century later, many planners say that this sprawl is ripe for redesign and a shift to a more urban walkable type of community, In a new book, Amok "Retrofitting Suburbia," two architecture professors — June Williamson of City 2 College in New York and Ellen Dunham-Jones of Georgia Tech - look at efforts around the nation to change the face of the suburbs. Among other projects, they write about a supermarket that was transformed into a library; old shopping malls remade into pedestrian-friendly, mixed use neighborhoods; and asphalt covered parking lots restored to green space". We are in an extremely tough economy and housing construction is at its lowest point a in decade. The present plans need to be on mixed-use development housing. Not only do we need to keep our construction laborers employed but It very well may be (due to the baby boomers) that when it (economy) does come back housing will be smaller, built more suitably sized for one and two person households and more energy efficient houses as well as more multi- unit housing, which is by definition more energy-efficient because of the shared walls. What will be the incentive for this kind of change? Will it be governments, developers, or urban planners? We believe it should be all of the above. We think we have good leadership at the federal level. The partnership for Sustainable Communities is an initiative from the Department of Housing and Urban Development, the Department of Transportation and the Environmental Protection Agency. There encouraging communities to think (plan) regionally because they have to provide a regional proposal to obtain grants. It sends a message throughout the country about better coordination and planning as we make these investments. 11. A harmonious development would be a Mixed-Use, LEED silver development that promotes a walkable neighborhood that takes advantage of the 360 degree panoramic views. This is what the neighborhood really needs. This development would provide for the neighbors and adjacent office workers to enjoy the park like atmosphere without dodging or contributing to vehicle traffic. It is envisioned that the old Kmart property site should be re-developed as a mixed-use village (similar to the Old Farm development). The village should be designed as a walkable community with pedestrian oriented design elements connecting Parley's Way to Foothill Drive and the surrounding community. The uses of the site should include housing, a social center, workout center and sports amenities i.e. tennis courts, pool (inside) and a miniature golf course. The housing should be an affordable mix of condominiums, townhouses and single level homes for senior citizens, helping meet the needs of future growth while allowing for a diversity of housing options in the area and also maintaining harmony with the existing neighborhoods and adding a green space helping with pollution. 12. Automobile access in this area is already very poor, especially on Stringham Ave. Stringham Ave. was originally never supposed to go through to Foothill Drive. Foothill Apartments only has one car port per apartment. Anyone with a second vehicle or guests visiting have to park on the street (Stringham Ave.). This situation 3 already causes an extremely congested roadway that is dangerous for pedestrians (children) and only allows for traffic to proceed in one direction at a time. If Wal-Mart were successful in obtaining this area re-zoned the largest majority of vehicular traffic wishing to proceed North on Foothill Drive would go West on Parley's Way to Stringham Ave., then turn right onto Stringham Ave. to proceed East to Foothill Drive. At the semiphore located at Stringham Ave. and Foothill Drive they would turn left or proceed straight through the intersection putting additional traffic on Thunderbird Drive and in that neighborhood. This would worsen an already unsafe traffic congestion hazard, that was never supposed to exist in the first place on Stringham Ave. and would increase traffic that is already at capacity. Wal-Mart's own study projects an additional four hundred (400) vehicles per hour in and out of the Parley's Way-Wilshire intersection between 5 and 7 P.M. It goes on to say it projects no impact on Foothill Drive because shoppers are expected to (mysteriously) find their way to Parley's Way without using Foothill Drive (that would be impossible from the Southeast and East locations of the valley). It also projects no impact on Stringham Ave. even though that would be the first choice for vehicular traffic to get back to Foothill Drive to proceed North. To further congest traffic on Stringham Ave. Wal-Mart has proposed plans to have their trucks access their property from the Maywood intersection and then exit out onto Stringham Ave. (which would require building a new drive in the area on presently privately owned property), due to the fact that current access from Parley's Way is not adequate for semi-trailers. 13. The building of a Super Center/Big Box Store in the area will draw more people into the neighborhoods where streets do not follow the usual Salt Lake grid. This will cause unnecessary confusion with those unfamiliar with the area and they will easily get lost, make illegal U-Turns, or better yet illegal (dangerous) maneuvers while driving through the neighborhoods trying to find their way out and contribute additional unwanted traffic congestion that is not only a safety issue to our children, a noise issue, an increased congestion problem but also a worsening health issue. Currently Foothill Drive has approximately 210.000 square feet of retail space between the 1-80 interchange and 1300 South. Most of this retail space lies within Foothill Village where shoppers have the choice between unique clothing, dinner, lunch, breakfast, grocery shopping, video rentals, haircuts, sports equipment sales/rental, banking and much more. It provides much of the needed amenities residents are looking for within a very short drive or walk. There are numerous other businesses located on the east side of Foothill Drive and conveniently located businesses close to the area along 2100 South and also on 3300 South. 4 14. It is very important to remember the objective of this study vs. the financial gain that it may bring to the Salt Lake east bench area. We have attempted to mention a few reasons why a Super Center/Big Box Store in the area is objectionable. We have discussed the issue with most neighbors and they agree with us. Their predominate objection is to alleviate traffic congestion along neighborhood roads of the immediate and adjoining areas. The continued use of the site for a large Super Center/Big Box Store retailer such as Kmart, Wal-Mart or Target would be a regional attraction therefore increasing the area's traffic flow volume extensively and increasing already extremely hazardous traffic congestion in the entire area. A mixed-use development as described would contribute to the needed housing in the area while staying consistent with current usage along the corridor. Diverse, mixed- use residential units with acceptable off street parking should be built with the future of Salt Lake City and the adjacent neighborhoods in mind. This development would improve the air quality and traffic congestion making it more convenient, desirable and accessible to use. The approval of a Super Center/Big Box Store will decrease property values, should decrease property taxes and increase criminal activity in the area. 5 Mills, Wayne From: kimbriggs@comcast.net A`"' Sent: Sunday, January 30, 2011 1:15 PM To: Mills, Wayne Cc: sugarhousecouncil@yahoo.com Subject: Proposed Rezoning of Wal-Mart on Parley's Way Categories: Other To Whom It May Concern: My name is Klm Briggs. I am a long time resident of the Sugarhouse area of Salt Lake City. Specifically I live at 2215 Berkeley Street, less than a mile away from the future Wal-Mart. I am also a regular voter in local elections. The purpose of this letter is to express my strong opposition to the rezoning of the tract owned by Wal-Mart. I believe the rezoning, if granted, will unnecessarily add noise pollution to immediate neighbors, including the Country Club Ridge condominiums next door. Therefore, I am asking that you vote against this requested rezoning. Thank you for your consideration. Sincerely, Kim Briggs Auk Mills, Wayne 'rom: kvtej@comcast.net .ent: Sunday, January 30, 2011 1:20 PM To: Mills, Wayne Cc: sugarhousecouncil@yahoo.com Subject: WalMart Rezoning Categories: Other Dear Wayne, My name is Vicki Briggs. I live on Berkeley Street near the soon-to-be WalMart and I am an active voter. I am writing as someone who will be affected by the rezoning decision to oppose the rezoning of the WalMart land on Parleys Way. Aside from increasing noise for surrounding areas, this is greatly unwanted by residents of this area. Therefore, I am asking that you vote against this requested rezoning. Thank you, Vicki Briggs 1 Mills, Wayne From: Leda Mareth [ledamareth@hotmail.comj ,, ,, Sent: Sunday, January 30, 2011 11:53 AM To: Mills, Wayne Subject: Walmart rezone issue Categories: Other Dear Mr. Mills - I am writing you as a concerned homeowner in the Foothill/Parley's Way neighborhood. I urge the Salt Lake City Planning Division to NOT approve the requested Wal-Mart rezone. I believe that rezoning to Community Shopping (CS) will have long term detrimental effects to our neighborhood safety, traffic, and home values. Our neighborhood is not equipped nor does it want to have a large big box store. I believe that the current zoning is appropriate for the location. I am very concerned about the increased noise and traffic that a rezoned store will bring. I currently enjoy walking around our neighborhood with my 9 month old daughter. Rezoning the old Kmart may make these walks impossible and dangerous. Please urge Wal-Mart to develop the current property within the regulations of the current zoning. I strongly believe that this will be better for our neighborhood and our local neighborhood stores. Thank you for your time. Leda Mareth 2204 Wyoming Street Salt Lake City, UT 84109 Auk 801-410-4490 1 (;'Z.) Mills, Wayne rom: David Holbrook[dkholbrook@gmail.com] cent: Sunday, January 30, 2011 7:15 AM To: Mills, Wayne Subject: Walmart rezone Categories: Other I will be out of town and will not be able to attend the planning meeting on the 9th. I have numerous comments bu my strongest feeling is: We have zoning for a reason. Let the big boys fight it out and not take the little neighborhood businesses down in the fight. Look at 300 west between 2300 south and 1700 south. All the big box stores are there, zoned to be there, competing and thriving. additional stores are opening (Target) and planned (Winco). That is the purpose of zoning. We as neighbors got the zoning changed for our neighborhood - please don't let Walmart or anyone else change the wishes of this neighborhood. They have a right to remodel - we can accept that - but we do not want a development agreement or new zoning. Please make them follow the zoning that was in place when they bought the property. Thanks - Make it a great Day Dave Holbrook '415 Lynwood Drive PLC, UT 84109 801-484-1733 Lived in neighborhood for 56 years i Mills, Wayne From: Andy Pierce [andypierce@fxenergy.com] Sent: Sunday, January 30, 2011 8:03 AM To: Mills, Wayne Subject: Walmart Categories: Other Wayne I live at 2448 Wilshire and I am 100% in favor of a new Walmart as long as is approximately the same size as the old K-Mart. Andy Pierce 1 Mills, Wayne -rom: Leslie Read [leslie_read@msn.com] ,ent: Saturday, January 29, 2011 6:23 PM To: Mills, Wayne Subject: Wal-Mart Rezone Request Categories: Other January 29, 2011 Wayne, As a resident of the community that will be impacted by the Walmart request for a rezone, I feel compelled to share some of thoughts with you. We live on Wilshire Drive and have accomplished a major remodel that turned into an asset to our neighborhood. We are, therefore, fully aware that a remodel is a viable option for Wal-Mart as it was for Nexus and the old Smith's on 3300 South. My concern in giving in to Wal-Mart's request to rezone is the future use of the property. If they are allowed to rezone, they can sell to another big box store, who could then enlarge the store (they wouldn't be restricted by Wal-Mart's agreement with SLC). The future of the property is something that I wonder about and think about what the impact will be for future nerations if we change the zoning. I'm also concerned about the traffic and its impact on our neighborhood. Currently, we have numerous people driving through our neighborhood who are lost or looking for a road to take them south of Parley's Way. These people are speeding though our neighborhood and making U turns at multiple spots. Our neighborhood, Foothill and Parley's Way are not equipped to manage the increase flow of traffic. We must not change the zoning to accommodate Wal-Mart and increase traffic flow in our neighborhoods now or in the future. Thank you for your consideration. Leslie Read Stewart 1 V 7? ice' / %4-4-) Mills, Wane From: Douglas D. Stewart, Jr. [dstewart246@comcast.net] Sent: Saturday, January 29, 2011 6:07 PM To: Mills, Wayne Cc: wilshirejan@comcast.net Subject: Wal-Mart Rezoning Categories: Other Hi Wayne, First, I have absolutely nothing against Wal-Mart. I am a small business owner and I certainly understand business/property rights, but this whole issue is not about Wal-Mart, it is about a company attempting to change zoning when it does not make any sense at all. In my humble view,years ago when K-Mart was allowed to construct their building, it was a mistake. But the building is there now and it is what it is. I see no reason why Wal-Mart cannot remodel the existing building and make a success out of this location without the need to demolish and rebuild a new facility." As you may know, my wife and I recently completed a major remodel of our home, which was built in 1955. Yes, it took some engineering, some serious planning and a great deal of effort, but we were able to remodel our home using the same footprint,foundation, etc. of our original home.Another example of a fantastic remodel project is that of the Nexus Architectural firm. They took an old eyesore and have remodeled it into a beautiful new building and I am now proud to be one of their neighbors. Another recent development is that of the apparent remodel occurring with the old Smith's store on 3300 South at approx. 3200 East. I don't know who the ultimate owner/tenant of the old Smith's store is, but they are in the process of a remodel rather than a tear-down.This will certainly add value to the Canyon Rim area and make excellent use of and existing structure. My poor old memory tells me that the Wal-Mart store and the old Smith's store are roughly the saws, age. I have attended many of the meetings at which Wal-Mart has expressed their many reasons why they cannot/will not remodel their existing property(staying within the same footprint) and none of their proposals are convincing to me. This is particularly true when one can see project after project of successful remodeling rather than demolition around our valley. I am all for Wal-Mart working within the current zoning requirements, remodeling their existing store (using the current footprint) and making an attractive, economically successful project. I am absolutely against changing our current zoning and I hope that you will pass my sincere feelings on to the Planning Commission for me. Thank you --- Douglas D. Stewart,Jr. 2785 Wilshire Drive Salt Lake City, Utah 84109 801-487-2636 00414, Mills, Wayne Crom: Heather Barth [heatherhbarth@gmail.com] lent: Friday, January 28, 2011 11:49 AM To: Mills, Wayne Subject: Walmart Rezone Categories: Other I am a resident of the Neighborhood for 18 1/2 years and live just across the street from the Walmart site. Decades ago the Kmart was sprung on the neighborhood without so much as a single word. Finally some actual planning was done with input and the EB Master Plan was created. It made Kmart and anything else of it's size non-complying. Now Walmart has bought the property and the noncompliance goes on. As a neighborhood we feel totally ignored and insignificant despite the taxes that we pay and the time, work and interest that goes into our living here. Our only hope is a well thought out Master Plan and zoning ordinances that keep what's best for everyone in the neighborhood in check. Kmart has moved on and so do many Walmarts. If and when it does, maybe finally we will be able to see that property used for something outlined in the Master Plan that will enhance this area. If the zoning is changed that hope will never be realized. Please don't let someone in Arkansas say what my neighborhood is going to look like in the next decades to come! ! Thank you for your time, Heather Barth 2516 Wilshire Circle Sent from my iPhone 1 Mills, Wayne From: Gentry Gygi [gggygi@yahoo.com] Sent: Friday, January 28, 2011 2:41 PM To: Mills, Wayne Subject: Walmart Rezone- PLEASE SAY NO! Categories: Other Mr. Mills, I am a resident of SLC and live within 2 blocks of the property that Walmart purchased on Parleys Way. I am very concerned about the impact the store would have on the the neighborhood and traffic if Walmart is allowed to rezone the site. They purchased the property knowing the current zoning. Walmart will already bring so much more traffic, rezoning would make it worse. If Walmart leaves, it is very likely that the building will remain empty, like so many other Walmarts in the country. My hope is that someday that site would be the home of small businesses. Please take into consideration the feelings of the residents that will be directly impacted if Walmart is granted the rezone. Please forward this to those who will be making that decision. Many thanks, Gentry Gygi The pros and cons of the rezone have to do with traffic, site accessibility, environmental impact, building size, compatibility with the neighborhood, compatibility with the East Bench Master Plan, and future use of the property after Wal-Mart Amok Mills, Wayne -0m: Suzanne Stensaas [SUZANNE.STENSAAS@hsc.utah.edu] "ent: Monday, January 31, 2011 10:01 AM To: Mills, Wayne; wilshirejan@comcast.net; Simonsen, Soren Cc: Judi_Short Subject: Re: Rezone of 2705 Parley's Way from Community Business to Community Shopping Categories: Other Please include this in the official record: Attention Planning Commission and City Council Re: Rezone of 2705 Parley's Way from Community Business to Community Shopping. I have lived one block from Parley's Way since 1968. When KMart opened it was an eyesore and it still is, but adding 6% more vegetation is not going to change it. I don't understand why the issue is again coming up when the citizens and planners have clearly indicated it is not in the neighborhood's interest or master plan. One can only think that it is economic and political pressure from Walmart. Never, never do you discuss what it is going to cost, if rezoned,to handle the additional traffic, the cost of traffic lights,the additional delays on already congested Foothill,the lack of an east bench plan for Foothill Drive. The lack of adequate rapid transit along this corridor, the lack of bike paths or the additional traffic on Stringham Avenue and Parley's Way. These are costs to the taxpayers who so resent paying taxes. If we pay Dre taxes let it be for education and open space. We cannot stop Walmart having a store with a similar tootprint, but we can support enforcing the master plan, which is good and needed. Many other acceptable uses can be made of this property and I am sure Walmart could sell this property if the rezone is not approved and they are unwilling to downsize their plans. We have shopping services at Olympus Hills, Sugar House, and 3300 South, Foothill Village and along Foothill Blvd. Another Walmart is only about 5 miles away long with other big box stores: Target, Costco, and Lowes etc. on 3rd West. Lets keep our small stores and merchants in business. We have all the convenience we need right now without a Super Store. We want to keep neighborhoods and small businesses intact, they can supply our needs, keep people employed and contribute to the community in many ways. These businesses need our support and are the heart of employment and income in the USA. I think a bigger store would make it even more difficult for them. Please, no rezone and please deal with the traffic and transit issue along the East Bench, instead of revisiting this issue again and again. Suzanne Stensaas 2460 Lynwood Drive Salt Lake City, Utah 84109, USA Telephone 801 466 9050 nail: Suzanne.Stensaas@hsc.utah.edu 1 z.;f Mills, Wayne From: Richard Kanner[richard.kanner@hsc.utah.edu] Sent: Monday, January 31, 2011 9:52 AM To: Mills, Wayne Subject: Proposed Walmart store on Parleys Way Categories: Other Dear Mr. Mills: I am writing to express my strong opposition to the Walmart Store on Parleys Way.The existing but now closed K-Mart should have never been built there and this was accomplished without any community input. Now Walmart wants to establish a store there and, if they can get the permits, enlarge the store.Traffic on Foothill Drive is now beyond what that key artery can manage.Although Parleys Way still can handle more traffic it is gradually filling up as well.This is a residential neighborhood and very different from the"Big Box" neighborhood that exists on 3rd West where we have a Walmart Superstore, Lowes, Costco, Home Depot,Target, etc. People go to 3rd West for what I would call 'major shopping'. In a residential neighborhood we need neighborhood stores.The ones that currently exist such as Fresh Market, Rite Aid, a tire business and even Foothill Village would be jeopardized by a Walmart that could very well drive them out of business. Local stores provide income to local people. Walmart,while employing many low paid workers,will send the profits back to their home office. I support local business. I also do not wish to see the traffic in my neighborhood get any worse than it already is. Please deny any permits to out of town big box stores. Thank you. Richard E. Kanner, MD 2460 Lynwood Drive Salt Lake City, Utah 84109-1214 Email: richard.kanner@hsc.utah.edu 1 �w) Mills, Wayne prom: Wendy Huffman [whuffman@kmclaw.com] ent: Monday, January 31, 2011 9:52 AM To: Mills, Wayne Subject: Wal-Mart Rezone Petition for 2705 Parley's Way Categories: Other Ladies and Gentlemen: We will limit our many objections to Wal-Mart's petition to just two areas—traffic and site accessibility, which are closely linked. Our neighborhood,with one way in and one way out, is directly across the street from the main driveway into the subject property and would certainly be impacted by the increase in traffic volume that would result from a Wal-Mart super store. That driveway is very awkward already and would not handle such a traffic increase. Because of the traffic light,traffic seems to flow fairly well now, but with the kind of volume typically experienced by Wal-Mart super stores the intersection would become congested with very limited space for backed up traffic. We shop regularly at the Sam's Club and Costco stores on 300 West and notice that even with the comparatively easy access to those stores from 300 West,getting around and parking can be difficult. Access to a super store from Parley's Way--and back out again --would NOT be easy. Regardless of what occupies the property,there will always be people who drive into our neighborhood seeking a shortcut across the gully;when they realize there is no "back door,"they make a U-turn and speed back out. More shoppers will mean that many more drive-through speeders. Finally, Foothill Boulevard is already full and Parley's Way would become a nightmare if the rezone is permitted. This neighborhood is not suitable for a 24- hour super store. Thank you for your consideration. �spectfully, Jendy Huffman 2585 Wilshire Circle Salt Lake City, UT 8410', \\ori: direct: (,Sul) 321-4S1 i Home: (801) 4o6-41R� who flmandkmrl1n.coni Michael Melich 2772 Wilshire Drive Salt Lake City, UT 84109 Home: (SOD 4iif;-16'1 ) 1 Mills, Wayne From: JohnWard@harmonsgrocery.com Sent: Monday, January 31, 2011 9:12 AM To: Mills, Wayne Subject: Re: Wal-Mart Rezone Parleys Way- Please Vote Against Categories: Other Messrs., I have lived in the area all of my life and my wife and I have owned our home just down from the old K Mart on Parleys Way for the last 16 years. John &Jan Ward 2331 East Country Club Dr. Salt Lake City, UT 84109 I completely understand Wal-Mart is entitled to remodel their property and this is NOT about"IF"Wal-Mart can have a store at this location but rather a consideration to rezone the property. I believe Wal-Mart equally understood the zoning and its restrictions that were in place when they purchased the property. I support Wal-Mart being entitled to improve their and remodel their property but they should ONLY be allowed to improve the property to what is outlined in the current zoning. As a resident in the area, I'm concerned that when zoning codes are able to change just because the owner finds it"inconvenient" or not as"cost effective"we all lose what were the protections and limitations established for that neighborhood. Please DO NOT allow the rezone of Wal-Mart property on Parleys Way. Thank You John W. Ward Jan Ward 2331 E. Country Club Dr. Salt Lake City, UT 84109 801 483 2763 Amok s Mills, Wayne -rom: Cherry Ridges [cmridges@msn.com] sent: Monday, January 31, 2011 10:39 AM To: Mills, Wayne Subject: Parleys Way Zoning Mendment Categories: Other I am writing in opposition to the re-zone request of Ballard Spar to allow its client Wal Mart to tear down and build/occupy the property at 2705 Parley"s Way. I am a resident who lives just west of the existing traffic control light. There is no question that Wal Mart owns the property, but to alter the existing zone to allow for a huge expansion is not in the best interest of the neighborhood. One entrance to the property is from Parley's Way which is not adequate to allow for the increased traffic that a large store would attract. The other entrance from Foothill defies the master traffic plans for the east side connection to I-215. There is already an overload on that road. At one meeting I attended people claiming to be neighbors spoke on behalf of the request. I am a lifelong resident of Salt Lake and Kennedy Way and Michigan Avenue are not "neighbors" of this property. Please do not give credence to their pleas. The neighborhood has been enhanced by the re-modeling of the Bally store by NEXUS and something like that would be an addition because they have landscaped, lighted and created an attractive addition. They, however do not rely on the huge traffic that a Wal-Mart would bring. It is tough for people to fight a huge corporation which evidently will not give up. The longer they appeal decisions the more animosity is created against them. I sincerely request that the Planning Division deny this request. The future of our ighborhood is in your hands. Cherry M. Ridges 2444 Wilshire Drive SLC,UT 84109 801-582-2343. 1 vn,gr, Mills, Wayne From: Marty Shaub [Marty.Shaub©ehs.utah.edu] Sent: Monday, January 31, 2011 11:01 AM To: Mills, Wayne Subject: Rezoning for Walmart Categories: Other Wayne Mills Salt Lake City Planning Division 451 S. State St. Room 406 PO Box 145480 SLC 84111-5480 Dear Mr. Mills, I am writing to oppose the proposed rezoning for the Walmart location on Parley's way. My primary, though not my only objection, is that the proposed amendment is not consistent with the purposes, goals, objectives of the East Bench Master Plan. As a neighborhood community, we are not ignorant to what Walmart is proposing. We understand clearly and we are [by design] opposed. East Bench Master Plan,April, 1987 1. Page 6: "Major zoning changes in the East Bench Community are neither anticipated nor encouraged. Changes involving expansion of existing business sites in response to documented needs should be reviewed cautiously and approved sparingly." 2. Appendix I:Zoning Change Compatibility Considerations a. Property must be on a street that can handle additional traffic. b. "Spot or strip"zoning to accommodate new businesses is strongly discouraged.[my emphasis] c. New businesses should be designed to be a logical extension of adjacent businesses, maintaining complimentary building design and landscaping motifs. o The only Community Shopping zones east of State Street are Brickyard, Foothill Village, and the area around Trolley Square. This is not the type of development we want to see in our neighborhood. At my particular address, I would essentially be bookended by two large community shopping centers each just blocks away. It simply is not necessary. 1. Community Shopping is intended to be a shopping center development on a regional scale. This is not in keeping with the surrounding neighborhood. 2. Rezoning this property would be spot zoning at its worst; solely to accommodate a single business with no regard for intent of the master plan or impact on the surrounding neighborhoods. 3. While Parley's Way can handle more traffic, Foothill Drive is at capacity. Walmart is trying to get around that by saying that all access to the property will be from Parley's Way. If that's the case, how will East Bench and University neighborhoods get to the property without the use of Foothill Drive? And more interesting, once they're there, how will they get home without Foothill? 4. The adjacent businesses are office buildings designed to have multiple small businesses in each building. A shopping center development is not a logical extension of adjacent businesses. 5. Walmart is planning to construct their standard building design with no thought of adjacent building design or landscaping. moo, 6. If they don't get a rezone, Walmart reports that they can't afford to add landscaping. If they get a rezone, Walmart will increase the current 6% landscaping to about 18%. That sounds like extortion to me. 7. Note that this winter they have plowed their parking lot, but not the sidewalks or the park and ride lot. i 61.%_,i) Mills, Wayne From: Martha Farney [marthafarney@hotmail.com] Sent: Monday, January 31, 2011 11:23 AM To: Mills, Wayne Subject: Parley's Way rezone Categories: Other Would you please pass this on to the council I am opposed to rezoning the Parley's Way WalMart land for 2 reasons 1. I hate to see this prime spot forever destined to be a 'big box' building site - according to WalMart the existing building is large enough for what they will be building (a remodel can be attractive too, look at Nexus) - I fear that Walmart may decide to move on and leave this area to always be such a large building (with the potential of being bigger) 2. What does this do to the rest of Parley's Way - will we be now faced with everyone wanting to upzone their property to make it more marketable to large scale national businesses? PS the site plan I saw in Oct or Nov had 'pads' for other businesses and I'm concerned what all this might do to the traffic Thank you, Martha Farney 1 Mills, Wayne From: Philip Carlson [philipcarlsonshcc@storycupboard.com] Sent: Monday, January 31, 2011 12:05 PM To: Mills, Wayne Cc: philipcarlsonshcc@storycupboard.com; Simonsen, Soren Subject: No re-Zone for 2705 E. Parley's Categories: Other Dear City Planners and Planning Commissioners, This property is in what I consider to be the Eastern Gateway to the City. It would be wonderful if we could showcase an Urban, Mixed-Use, Walkable/Multi-Modal development at this location. Do we want the image of our City to be one of Progress, or that of a Discounted Suburb? When this property was developed with the Big-Box, Discount Format, it was in the outskirts of the City in an era of Suburban ideals. As the City has grown geographically in the past, and as it now needs to grow in density,the use if it's land needs to change. Multi-Use Development, with housing, shopping and office space that is easily accessibly by foot, bicycle, transit and automobile, is what is needed by the City at this location. The ideal Multi-Use Development is allowed under the current zoning. Don't change it. There are many barriers to this type of development, the economy and impatience are two. .00104, Though there is no guarantee that keeping the current zoning but changing it at this time will guarantee that property will continue to be used in a car-centric Suburban manner for a long time. An Ideal Situation With the current economy I doubt there would be any developer able to do a great Multi-Use Development here. We have an ideal situation right now with this property. The current owner is willing to re-model the building that is now in place and open a retail store here. This will remove the current blight and keep the property from being poorly developed right now giving us time for the economy to recover, and for developers to gain more experience with Multi-Use Development, so that when the current building has ended it's usefulness and the owner decides to redevelop (within the current zoning) we will be able to have a really great development in the future. It Takes Time It may be that the re-modeled building may be in use by Wal*Mart for a long time, possibly another 40 years, but it is more likely that in 5 to 10 years the current owner will have found a better model that will allow for increased density, lower dependence on automobiles, and greater diversity of uses and will present a great Multi-Use Project for this Gateway Property. They have offered to act as a Place-Holder. Be patient. Please do not change the zone. Respectfully, Philip Carlson 1917 E. 2700 South SLC, UT 84106 i vw„ Mills, Wayne -rom: ambarrows [ambarrows@comcast.net] ant: Monday, January 31, 2011 1:29 PM To: Mills, Wayne Subject: Letter of opposition: Petitions PLN PCM 2010-00556 and PLNPCM2010-00557 -2705 E Parleys Way, Categories: Other To Wayne Mills and the Salt Lake City Planning Commission, This letter is written in opposition to the petitions for the property at 2705 E Parleys Way, PLNPCM 2010- 00556 Master Plan Amendment and PLNPCM2010-00557 Zoning Map Amendment. A zone change is appropriate if it follows the master plan and is consistent with the adjacent land uses and community standards. This request is neither. The zone on this property is C-B, a zoning designation which"is intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods". The Planning Commission is well aware of the timeline regarding the zoning of this property. It should be aware that the current property owner purchased the property with a noncomplying structure. In addition, when changes were made to the zoning definitions making this building a nonconforming use, as property owners,they did not object. The city has had several opportunities to amend the zoning on this property, but has not since the C-B zone is appropriate. The existing land use is teclmically legal although perhaps not the most efficient or compatible with the residential community. in 1996 the Eastland Regency Company requested a conditional use for a commercial planned development on the eastern portion of this C-B zone. In order to develop the property they were required to reconfigure the Parleys Way entry and to install a traffic light. These changes made ingress/egress to this entire property possible. However the current petitioner has insufficient circulation for truck traffic. Large retail requires large trucks which are often "doubles". The property owner proposes truck traffic to leave the property via Foothill Boulevard, on the northeast. This is neither practical nor safe. The existing daytime Foothill traffic will not allow this maneuver (even if trucks were required to turn south). If truck traffic were allowed in the evening/night the noise and light required would negatively impact the large number of residents to the north and west. Your denial for master plan amendment and zone change should include insufficient truck circulation. If Salt Lake City were to rezone this property it may have to wait another 45 years for our community vision to be realized. This is the Eastern Gateway to our city. Parleys Way is a beautiful boulevard and vista to our downtown. Although many may feel a master plan rewrite overdue, now is not the time to codify a nonconforming use. Simply put, the zone request is not in keeping with the existing master plan. Thank you for your consideration. Sincerely, Andrea Barrows 2 119 Lakeline Drive iairperson of the Arcadia Heights/Benclunark Neighborhood Council (1993-1997) Salt Lake City Planning Commissioner (1997-2002) Mills, Wayne From: Chuck White [cewhite210@gmail.com] ' Sent: Monday, January 31, 2011 2:12 PM To: Mills, Wayne Subject: Walmart rezone request Categories: Other As a resident of the Country Club Ridge condominiums I wish to register my vote against the rezone request by Walmart. The Maywood Drive access that would be used is in no way capable of handling the heavy truck traffic that would be required to keep the store stocked. The site plan, as I understand, indicates that the truck docks would be relocated to the NW corner of the corner of the site. This would create an unacceptable amount of noise and pollution to this residential area. It should be clear that the Foothill access is much better suited for the heavy traffic rather than the inadequate Maywood Drive and Parleys Way access that is being proposed. Thank you for your attention to this response. Charles White 2665 Parleys Way Unit 210 Allak Oak Mills, Wayne rom: dodieh29@comcast.net ent: Monday, January 31, 2011 3:48 PM fo: Wills, Wayne Subject: Walmart Rezone Categories: Other Traffic on Parley's Way at the present time is much too heavy. If another large store is built to replace K-Mart the traffic density would increase markedly. Exposure of children, people and residents will add to an untenable situation. dorothy Harrison 2640 Maywood,S.L. i Mills, Wayne From: Tim Chambless [thambless@poli-sci.utah.edu] 'as' Sent: Monday, January 31, 2011 4:56 PM To: Mills, Wayne Subject: Opposition to Wal-Mart petition proposal Categories: Other Wayne, Hi. Thank you for your staff work on this petition. I wish to re-state what I said at the previous public meeting of the Salt Lake City Planning Commission with regard to the proposed development by Wal-Mart. Specifically, in 1966 the members of the Salt Lake City Commission violated the public process and harmed the public good when it approved construction of a big box store -- without a public hearing to allow comment and dissent from impacted residents -- at the Parley's Way location. Two years later, a big box K-Mart was built at the site. In doing so, Salt Lake City's local government officials created a major problem: they allowed construction of a large commercial building next to a residential area on an odd- shaped lot with limited access -- therefore creating a public hazard. Given the large size of the store in contrast to the two small entries and exits, it is apparent to me that the new proposal is inappropriate for this particular location. Each hour of the day, there are near accidents on Foothill Drive and Parleys Way at the entrance, to the old K-Mart building site. Actual accidents occur frequently. A new building design may be a significant improvement over the current vacated structure -- which today appears to be a blight in the area. However, the fact is that the large population increase in the number of residents living nearby combined with the large traffic volume on Foothill Drive -- adjacent to freeways entry and exit points -- makes this big box store and parking lot an interesting revised proposal situated in the wrong place. Public safety is jeopardized. Moreover, as a resident of Salt Lake City for over 39 years, I perceive that the residents of Salt Lake City already have a variety of big box stores located just a few miles away at sites which do not present a danger to public safety. Thank you for your consideration. Tim Chambless Member, Salt Lake City Planning Commission 2001-2010 Member, Salt Lake City Board of Adjustment, 1990-2001 Amok iT � Mills, Wayne -rom: Durham, Charlene J. [Charlene.Durham2@va.gov] ant: Monday, January 31, 2011 5:13 PM To: Mills, Wayne Subject: Against the proposal to amend East Bench Master Plan Categories: Other I would like to add my vote to deny the requests to amend the East Bench Master Plan and change the zoning to allow Wal-Mart to build a new building on the former Kmart property. My objections are these: • These proposed actions revert to a plan that the residents have already addressed and created the status that we want now. • The zoning for larger development does not fit with the residential nature and traffic capabilities of the area. • The zoning for larger development leaves the area open to much less input from the neighborhoods for future and continued development on the site • This proposal has come before community groups several times before and been rejected soundly. Each continued resubmission contains minimal adjustment to respond to local concerns, which indicates that Wal- Mart really doesn't want to work with the neighborhood. Again, I heartily request that these proposals for amendment to the Master Plan and zoning be denied! Thank you, Charlene Durham ication Program Specialist .EAS Center(HSR&D) Veterans Rural Health Resource Center-Western Region VA Salt Lake City Health Care System 801-582-156S(press"4")ext 4361 Charlene.Durham2G va.gov Home: 2185 Westminster Ave. Salt Lake City, UT • i Mills, Wayne From: p.barth@comcast.net Sent: Monday, January 31, 2011 5:22 PM To: Mills, Wayne Subject: Walmart rezone on Parleys Way Categories: Other Dear Mr. Mills- 1 am writing to express my opposition to the rezone petition of Walmart for the old Kmart property on Parleys Way. I live at 2516 Wilshire Circle, directly south of the Walmart property. As you know, Walmart petitioned to have the zone changed a year or two ago and the neighborhood immediately surrounding the property was very much opposed to the change. The planning commission at that time made a determination that the rezone was not appropriate and voted to deny their request. Walmart is now back again with a new petition, that although slightly different, is substantially the same request to change the zoning to permit a brand new facility be built several times larger than what the present zoning would allow. I am against their request because I believe what they are proposing is not in keeping with the character of the neighborhood or in compliance with either the spirit or the letter of the master plan for the area. As you know, our neighborhood was never given the opportunity to comment when the Kmart was built decades ago, and in my opinion, their use of the property was never appropriate with the interests of the neighborhood. I am not against a commercial development, but I believe the uses permitted for this site should be those 1 compatible with a neighborhood, not something expressly designed as a regional shopping destination intending to pull customers from distances far outside the neighborhood. I understand that Walmart has stated that if the rezone is not approved they will operate their business in the current structure as a grandfathered non-conforming use. That is their right and I have no problem with that. But I am strongly opposed to changing the zone that will forever determine the use of the future use of the property in a manner which I believe is incompatible with our neighborhood interests. Please communicate my opposition to Walmart's request for the zone change to the planning commission and city council. Thank you. Peter Barth 2516 Wilshire Circle Salt Lake City, Utah • • Mills, Wayne _ —rom: lacy Hartman [tahartman@comcast.net] ant: Monday, January 31, 2011 5:07 PM To: Mills, Wayne Subject: walmart Rezone request Categories: Other Dear Mr. Mills: My wife and I would like to take this opportunity to express our strong opposition to agreeing to the rezone request by Walmart. There are several reasons for our opposition, but I will mention only a few. First, the rezone is not compatible with the master plan or the surrounding businesses. The CB zoning is there to prevent the intrusion of large super-centers here. Even though Walmart says they are going to reduce the size and offerings to the neighborhood's satisfaction, there would nothing to prevent them from changing its mind, or reselling the property for a profit because of the zoning change and a new owner would then be able to build the large super-center store which they could not do under the current zoning. In conjunction with the compatibility issue is the traffic issue. Recent news releases indicate that city managers are planning a future of lessened traffic on Foothill. Clearly, this could not happen under the Walmart plan. Walmart representatives were completely disingenuous the last time around in suggesting that traffic on Foothill would not be 4ncreased if they put a super-center there. This was simply a ridiculous lie. Access is also very bad for this location, and additional traffic would only make it worse. There is simply no way to adequately improve this access problem without significant negative impact on the surrounding neighborhood. Along with several other issues, the few mentioned herein demonstrate that to allow this zoning change would be contrary to the long-term plan for this area. Sincerely, Eric & Tacy Hartman 2258 Wilshire Circle SLC, UT 84109 1 Mills, Wayne From: Toni Carter[Toni@ToniCarter.com] Sent: Monday, January 31, 2011 9:32 PM .. To: Mills, Wayne Subject: WALMART REZONE Categories: Other Hello Wayne, I am a realtor and a resident of the Foothill-St Mary's neighborhood. Both my husband and myself are opposed to Wal- Mart's request for a Conditional Use Permit to build a new building. The Master Plan addressed zoning many years ago.There is no reason to change from Community Business(CB) to Community Shopping(CS). Wal-Mart has all the money and resources to build on the existing site and provide for a green building. Yes, it is easier to tear down and re-build, but their wanting a Superstore will increase the area's traffic volume and congestion. We expect that Wal-Mart when rebuilding and remodeling the exisiting store will consider the unique neighborhood that they bouoght property in and continue to respect the Master Plan and neighbors wishes to keep it from becoming a commercial, over-developed community level shopping center. Thank you. H Craig and Toni Carter 1392 S Wasatch Drive Salt Lake City UT 84108 Toni Carter,REALTOR, GRI,CIA,e-PRO,CHMS PREVIEWS SPECIALIST 2180 South 1300 East I Suite#140 I Salt Lake City UT Office: 801.485.4468 Fax: 801.583.5120 Cell: 801-809-5620 toniPtonicarter.com When You're Ready To Make The Move? 011140, Mills, Wayne "rom: gsislander@aol.com dent: Monday, January 31, 2011 10:26 PM To: Mills, Wayne Subject: Walmart Rezone Request Categories: Other Hello Wayne, This is a repeat of my comments from a few years ago regarding the Walmart Rezone Request; keep this Community Business zoned, do not go big by allowing CS. This really shouldn't be a struggle again, you made a decision, please stick to it. Walmart can and should remodel. I feel if you "give-in"to CS, other players in the area will want to as well and we will have way too much traffic congestion and confining structures. Thank You for listening, Glenn Strong 2534 Wilshire Cir 84109 1 v �- 'l i '.h�w-✓l Mills, Wayne From: arturo gamonal [liddlegamonal@yahoo.com] Sent: Monday, January 31, 2011 9:38 PM To: Mills, Wayne Subject: 2705 E Parleys Way Master Plan and Zoning Map Amendment Categories: Other Mr. Mills, I am unable to attend the Feb. 9, 2011, hearing due to medical issues but want to express my objection to the rezone for the following reasons: 1. In 1985 when the East Bench Master Plan was done, this property was zoned for mixed use residential and neighborhood commercial. This meant compatible smaller scale commercial next to homes. In 1995 the city changed the definitions of the various uses so that this property became a non-conforming conditional use. It is zoned for a building up to approximately 15,000 sf., about the size of the present building. When Wal-Mart purchased the property, it knew what the zoning and building limitations were for the old Kmart site. 2. The property was not zoned for a big box store. Wal-Mart could build within the guidelines for this property (scale down what they propose) but have not shown a willingness to consider that option. Amok 3. The scale of the store they wish to build will cause considerable traffic issues on Foothill Blvd. and Parleys Way. The neighborhood homes will be negatively impacted with the traffic and noise and possibly lighting from the store. Having a big box store close to homes will devalue their property. If the rezoning is allowed, the Parleys Way corridor will become compromised with other petitions for larger business which will undermine the residential fabric of this neighborhood. 4. I have attended several East Bench Community Council meetings over the last few years where it has been clear that the majority of the participants are not in favor of this rezone for the above reasons and more. Respectfully submitted, La Vone Liddle 1397 Wilton Way Salt Lake City, UT 84108 801-583-5411 i L)-, =- Mills, Wayne • rom: mariah.cook@gmail.com Jent: Wednesday, January 19, 2011 12:50 PM To: Mills, Wayne Subject: Wal-Mart zoning Categories: Other Mr. Mills, I am a resident of Sugarhouse, very close to the proposed re-zoning area for the possible new Wal-Mart. As a concerned and involved member of my community, I wanted to take a moment to voice my opinion of the matter with the hope that you will listen. This it is a BAD move to allow Wal-Mart to move forward with their re-zoning plan. Here are my reasons: First, it would create dditional traffic through the neighborhoods because vehicle access to this site is poor, using the Stringham stub to Foothill Drive for access to and from the north and east. Wal-Mart's traffic study shows no additional use of the Stringham stub, concluding that congestion will force shoppers to use Parley's Way, thereby presuming that there will be no shoppers from the University, East Bench, or Emigration Canyon. Second, delivery trucks are expected to use Maywood, which means the Country Club Ridge Condominiums just west of Maywood can expect to listen to diesel trucks and forklift backup beepers. The loading dock will be located at the northwest corner of the property,just a few feet from Foothill Place Apartments. Third. Wal-Mart plans to have their trucks access the property from Maywood and then exit out the Stringham stub because current access from Parley's Way is not adequate for semi-trailers. The driveway is one lane where it drops into the Kmart property. During the day office workers from the east side of Foothill are parked bumper to bumper, making it ever narrower than usual. Finally, Wal-Mart stresses their"neighborhood friendly" operational procedures. They might schedule their major deliveries during the night, but subsequent businesses could schedule them any time. They are showing us drawings of what the property might look like, but they also have an approved remodel on file and have not picked up the permit. Wal-Mart has held their plans very close. We really don't know what we would get with a rezone. They could opt to sell the property to someone else because 10 acres of Community Shopping has more value than 10 acres of Community Business. We're only having this discussion because the property was not already zoned Community Shopping. Once the zoning is changed, the negotiations stop and the property owner is free to develop to the full extent of CS with no community input. Wal-Mart has other options for their business, but the residents of Sugarhouse are limited. Hear our voices! Please don't allow for the re-zoning. Marian Cook "01-876-0752 t Mills, Wayne From: Carol Anderson [carolkanderson@gmail.com] Sent: Tuesday, January 18, 2011 7:21 PM To: Mills, Wayne Subject: please no zoning change Categories: Other The future will shop on-line and gasoline so expensive,people will want to walk especially the growing number that are health concerned. Big, and big not big enough,just has to stop. Keep the small businesses alive and promote community walks. Not anymore stores that have it all but all means what they will carry. Walmart likes to be in control. Enough is enough. Big is not pretty and gets worn-out quick. A i } i. Mills, Wayne -om: Bret Jordan [bret.jordan@utah.edu] ,ent: Sunday, January 16, 2011 8:24 PM To: Mills, Wayne Subject: Rezone of 2705 Parley's Way Categories: Other Dear Planning Commission, I live on Parleys way,just a couple blocks west of the property that is asking for a rezone. To be very clear, I am not against Wal-mart owning the property or doing business on the property that they own. I am however, completely and utterly against a rezone of said property regardless of who owns it. A rezone will give the property owner or any future property owner the ability to build and conduct business in ways that are clearly outside the scope of the surrounding community and neighborhoods. Walmart or any other owner does not need a rezone to remodel the building and surrounding property to make it pretty and usable for conducting business. Let us not follow on the mistakes of the past when the aggressive zoning was granted to K-Mart in the first place. Please say NO to a rezone. Bret Jordan 2175 S Texas SLC, UT 84109 Bret Jordan CISSP I Sr Security Architect "Without cryptography vihv vivc ce •;hrnrw, however, the only thing that can not be unscrambled is an ego." 1 r - January 20, 2011 .a . Wayne Mills Salt Lake City Planning Division 415 So. State St. P. O. Box 145480 Salt Lake City, Utah 841 1 1-5480 Subject: Rezoning of 2705 Parley's Way I have reviewed the East Bench Master Plan dated April 1987 and the Zoning Change Compatibility Considerations and I do not believe the Parley's Way and Foothill Blvd. accesses are not suitable for large trucks entering and exiting the vacated area. Amook The area now has only small businesses offices. Changing the zoning to allow a "BIG BOX" business is not compatible with the other adjacent neighbors. The rezoning should not be approved. David Noall 2561 Lynwood Drive Salt Lake City, Utah �y�� i maintain their properties.The city cannot maintain �1 i { neighborhoods unless property owners are committed to ;: maintenance of their properties. Sites for new multiple-family housingand businesses are very hmited New developments must be sensitive to ' neighborhood scale and design,while satisfying needs and `r g y' "''4-.- : I expectations of the developer. Compatibility with the HE East Bench Community offers a l_ all °�; �:_ �,� !:. ;'., � immediate neighborhood is essential. New developments promising future for its residents-At should not adversely impact residential neighbors. reasonable effort by the city and ' \ if Urban design will play an increasingly important role in community residents will maintain and --,_ - j neighborhood maintenance and preservation. As the enhance the quality neighborhoods and i community finishes developing,emphasis will continue life style that residents have enjoyed to shift from regulating new development to managing and through the years.There are many preserving established neighborhoods. Even though challenges for the future.Streets and infrastructure must M - s neighborhood preservation has been an important concern be upgraded in response to increased demands-The city , ' since the last decade,tools to effectively manage must also respond to increasing traffic problems in a E neighborhood stability are continually being developed and mariner that will protect its residential neighborhoods. Irefined. Innovative approaches to implementing urban Housing and neighborhood maintenance will require - . •5 design concepts and proposals may be the solution to many effective regulations,such as increased zoning and building This Is the Place Monument,located near the entrance of the problems that the East Bench Community will code enforcement;also a commitment from owners to to Emigration Canyon. continue to face. Appendix I Appendix II Other Street reeds Correct curb,gutter and sidewalk problems in the St.Mary's area Cost Unknown Ongoing Inventory of local street • conditions and needs Cost Unknown Not Funded Zoning Change Compatibility Capital Improvement Program Sidewalk installation along Considerations Summary Tables all streets that do not ROPOSALS to change zoningfor new have sidewalk Cost Unknown Not Funded $ ROJECIb identified in the following multiple family residential,or business tables area combination of projects being uses should be evaluated with the presently planned by the city,and needs Water Improvement Pro System Im p following considerations. that have been identified through the Y Proposals • Proponents must demonstrate that planning process. Projects that include Cost Year oved funding dates have been a r Project Estimate Funded any zoning change is clearly justified by pp , and the substantive provisions of this master are included in the Capital Improvement Lakeline Drive line plan. Plan, or funded by the Public Utility Enterprise Fund. �200,000 1986-1987 • There must be a demonstrated need for the new Projects that are not scheduled have not been funded. 1700 South feeder line 500,000 1988-1989 multiple-family/businessdocumented proposal and dog ented St.Mary's Reservoir 310,000 1988-1989 community support_Property owners must address the to of housing/business need in the whole city Park Improvement and Development Proposals spective and why the proposed site is the best Cost Year Sanitary Sewer System Improvement Proposals location with regard to the best interest of the community Project Estimate Funded Cost Year and city. New Lines Estimate Funded • Property must be on a street that can handle the Miller Park 8 50,000 1987-1988 --r additional traffic- Bonneville Park 150,000 1989-1990 2396 South,2750 to 2500 East 30,000 1986-1987 • The site must be large enough for adequate open.space Sunnyside Park 250,000 1990-1991 Parley's Way,2400 to 2442 East 30,000 19S6-1937 and parking without overcrowding the lot. 1600 East-1700 South 461,000 1990-1991 Sunnyside Ave.,1975 to 2000 East 30,000 1987-1988 • Multiple-family/business projects must be of a density, Laird Park 2323 South,2620 to 2640 East 30,000 Not Funded i -f• scale and design that will not negatively impact 40,000 1990 2991 ' neighboring residential properties. Washington Park 250,000 1991-1992 2100South,2821 to2S60East 35,000 Not Funded • Multiple-family units should not develop in areas with Sunnyside Recreation Center Two million Not Funded Broadmoor,1955 to 2025 South 50,000 Not Funded strong low density character.Multiple-unit structures a_25to_ 0 South 40,000 Not Funded should be combined with or be adjacent to non-residential Foothill Vies Parks Cost Unknouvn Not Funded 2830 East, �- -27 activities such as retail centers,parks, and schools. Gateway Visitor Center Cost Unknown Not Funded • Zoning should not be changed to accommodate a new Storm Drainage System Improvement Proposals business unless it is adjacent to an existing business. Street Improvement ProposalsCost Year ' • "Spot orstrip'zoningto accommodate new businesses Project Estimate Funded ' is strongly discouraged Street Cost Year. Improvement Projects Estimate Funded Emigration Creek • New businesses should be designed to be a logical Detention Basin i extension of adjacent businesses, maintaining corn- Research Park Street i planentary building design and landscaping motifs. Improvements $ 700,000 1936-1987 1700 South-1600 East 500,000 NotFwnded Sunnyside Avenue Red Butte Creek 1.. _-- r• .,t (Foothill-Wasatch) 1,900,000 1939-1990 Detention Basin 'n '�"—Alt.."'" l WasatchDrive(1300South 1500 East DetenuonBasin 300,000 NotFwnded a z' i • •"s"a'+jr 4 to Sunnyside Avenue Cost Unknown Not Funded Misc.Storm Drainage sac•- � s> L , V; Guardsman Way Cost Unknown Not Funded Construction •2,000,000 Ongoing- i`�19 IN -r�» k Citywide Sidewalk Not . i ReplacernentProgran Cost Unknown Ongoing Specifically 7Av-y , ,,• Funded ' 'b Transportation System Management { s Fire Department Proposals (TSM)Intersection Improvements Cost Year { 1700South-1300East Project Estimate Funded ,�• rr .. S 30,000 1986-1957 ii ems' �� S ? UintahSchoolTurnout* 15,000 1986-1987 Relocate FneStation 4 $ 830,000 1959-1990 '` r > Replace Fire Station#10 850,000 Not Funded ' F it 1300South-Foothill 90,000 1987-1988 P 2100South-2300 East* 25,000 Not Funded r Guardsman-Sumnyside 25,000 Not Funded Miscellaneous Project/Program Proposals a r = Cost Year I �� '4.- 7r N-° ,}; 2300East-Foothill Unknown NatFuuded Project Estimate Funded ..,._..' till p'I ' • Sunnyside-Wasatch 6,000 Not Funded WINE 4 .i• a I' y' Tn rPaco t 7nn no Mills, Wayne From: Alan Bird [4bird@comcast.net] Sent: Sunday, January 23, 2011 6:51 PM To: Mills, Wayne Cc: Wasatch Hollow CC Chair; thatchermp@gmail.com Subject: Wal Mart on Parleys Way Categories: Other Dear Mr. Mills, As a lifelong resident of the Wasatch Hollow area, I ask that the planning commission please consider the impact that a Wal Mart would have on the east bench. I've been in the wholesale food industry for over 35 years so I feel some of my concerns are from front line observation. A few of those concerns are as follows: 1- Traffic disturbance on Foothill and Parleys way. Foothill is already over loaded with departing city traffic accessing 1-215. 2- Crime—Wal Mart reminds me of the"Field of Dreams" movie line, "Build it and they will come". Wal Mart attracts a certain demographic that really does not fit into the area. 3- 24 hour store should not be allowed. The bright parking lot lights and ongoing traffic will be a disturbing nuisance to the solitude of this residential area. 4- Cleanliness- I welcome any member of the planning commission to visit any Wal Mart in the Valley and note the filthy parking lots and litter surrounding the stores. 5- Commercial Truck Traffic-The Foothill Parleys area does not really support the constant pressure of class 8 trucks and 53 foot trailers. 6- The noise impact of refrigerated units on trailers running at all hours. Remember there are high-end Condominiums to the west, expensive homes to the east, and very nice apartments to the north. 7- Child Safety- please keep this in mind. There are multiple schools located within close proximity of the propo: site. Additional traffic could have significant impact on child safety. 8- Impact on local grocers. There is a Dan's at Foothill, Fresh Market on 23rd, and Dan's at Olympus Hills; all Associated stores from Utah do we need Arkansas based competition?. 9- Do we need another Grocer in the area? Smith's on 3300 South, Harmons Brickyard, Harmons Emigration, Dan's on 3300 and 2300, Smiths 9th and 21st and the above listed. 10- Panhandling-, Wal Mart has the amazing ability to draw the Pan Handlers and Tamale vendors neither of which will bring added value to the area. Please excuse some of the sarcasm above. But also know in my heart of hearts, I am vehemently opposed to a Wal Mart in this area and I'm certain I voice the opinion of a majority in the area. Regards, Alan Bird Salt Lake City. r alIN Mills, Wayne -rom: jill.burke0l@comcast.net sent: Sunday, January 23, 2011 7:22 PM To: Mills, Wayne Subject: Re-zone of 2705 Parley's Way Categories: Other 23 January 2011 To whom it may concern: I am writing to express my objection over Walmart's request to re-zone the property at 2705 Parley's Way from Community Business to Community Shopping. The current zoning for this property already allows Walmart to remodel their property; they simply do not require a re-zone to accomplish this. Just down the street Architectural Nexus has done a beautiful job of remodeling the former Bally's Gym into an attractive office building with no re-zone required. If a small company such as Architectural Nexus can accomplish this task, then certainly a large corporation such as Walmart can. Furthermore, the old Smiths building on 3300 South is currently being remodeled into two discount stores. I'm confident that shoppers will embrace a refreshed property such as this, and not give a second thought that the structure in which they're shopping was remodeled. I'm equally confident that 'almart can skillfully remodel their property to create a shopping experience that meets their customer's expectations. Walmart has argued that shoppers deserve a newly constructed building vs. and old one. They maintain that it is too expensive to remodel vs. rebuild which to me seems unsubstantiated considering their vast resources. Salt Lake has many charming walk-able neighborhoods. When considering our approach on how to best develop the Parley's Way neighborhood, we should also to strive to achieve this characteristic of a walk-able community. Many people I know have chosen to live in Salt Lake City as opposed to the suburbs, simply for the ability to walk to a desirable destination. This is something which should be recognized and protected. Don't let bad development tear apart the cohesiveness of the city's neighborhoods. Of great concern to me is the affect that a re-zone would have on air quality. Adding more Community Shopping sites will without a doubt create an increase in traffic, which I find to be a very relevant issue for consideration. CS zoning, by its very nature, promotes people to drive to their destination. The consequences of up-zoning will be detrimental to our blue skies. Sadly the air quality in the valley has become unbearable not only in the winter months, but is happening more frequently year-round. Unfortunately Red Air Alerts have become a common occurrence. For those of us with respiratory issues, it is very serious health concern. We need leaders who will protect our community and create a healthy environment in which to live. Walmart and its employees & contractors are extremely capable of creating a beautiful marketplace for this site. The solution is to remodel within the current CB guidelines, not to re-zone. lcerely, Jill Burke 1 Mills, Wayne From: tlindgren61@comcast.net „wow Sent: Sunday, January 23, 2011 10:15 AM To: Mills, Wayne Subject: Parleys Way re-zone Categories: Other To whom it may concern, I am writing to express my concerns regarding the Wal-mart petition to rezone the property on Parleys Way. As a resident of the area, I am concerned about the overall impact of up-zoning this property. The foothill area has traffic congestion issues that have been documented by various studies within the last few years. Other concerns include noise, air quality, light pollution and general impacts on the residential area. My personal opinion is that this property would be better suited as a mixed use, multiple business and retail area that encourage pedestrian access. Approximately two years ago, I attended a Planning Commission meeting where an overwhelming majority of the public speakers were against the re-zone. The Planning Commission unanimously recommended against the re-zomtio Wal-mart's tactic of retracting and re-submitting the petition should be scrutinized with the appropriate .•Roe discretion. Sincerely, Thomas E Lindgren 2701 E Wilshire Drive 1 Mills,Wayne crom: G D EGAN[lucielee@q.comj ant: Saturday,January 22,2011 8:44 AM io: Mills,Wayne Subject: FW:Foothill Development Challenges Attachments: Wal-Mart notes of January 19.docx Categories: Other From:lucielee@q.com To:waynemills@slcgov.com CC:wilshirejan@comcast.net Subject:Foothill Development Challenges Date:Sat,22 Jan 2011 02:59:41+0000 Attached are comments and concerns of long-time residents of Benchmark/Foothill area. Please give these concerns your full attention-they are real everyday! Lucie Egan January 19, 2011 To Whom It May Concern: We have opinion and comments on three aspects of the requested re-zoning on Parley's Way. First involves the addition of traffic on principal and secondary roads. Second involves views vs property values. Third is concern over"development agreement" details and enforcement. 1) As 20 year residents of Benchmark,we have been witness to the development of the property immediately west of Foothill Drive. We have also had need of medical services in the UofU Hospital area and witnessed the development there. Where is the planning??? Does the State or City ever entertain development of a dedicated Parkway to service these areas? There are currently 3-4 NEW buildings underway at the University—bringing more traffic during construction and more upon completion. Over a period of 5 years additions were made to Primary Children's Hospital, The Shriners Hospital, The University Hospital and now Huntsman Cancer Hospital. Buildings on campus are also being enlarged/renovated, i.e. the Neuropsychiatric and others? In addition, the new Historical Museum is nearing completion and an enlargement of Red Butte was recently completed. Commuters and students traveling to the north foothills of the city have always been problematic. Now, however now traffic is backed up from Thunderbird drive back over the over-pass waiting for light after light—twice a day. When waiting to enter Foothill Drive, we have observed that Utahans' do not know the concept of car- pooling—one person per car... Now the Planning Commission is asking us to absorb more traffic for commercial business —NO... We don't need more commercial business in our neighborhood. We enjoy Rite-Aid, Dan's and A Fresh Market and we can see where these businesses would be compromised by the omeik addition of Wal-Mart. On a recent trip to Park City we observed: West bound traffic of 38-18 wheel diesel trucks plus 11 tanker trucks. On our return we counted east bound: 43-18 wheel diesel trucks plus 16 tanker trucks. We have enough diesel emissions clouding our air space. We took the time to explore the rear of two Wal-Mart stores and found 20-30 sea pack containers parked. Wal-Mart uses these containers for off-season storage rather than provide warehouse space in the industrial areas of SLC for their stores—what an eye sore... Stringham Avenue is chocked with traffic/parking most week days and especially on weekends. We've noticed that quite a few of the covered parking spaces are empty—but the tenants prefer to park on the street. Traffic Controllers should consider allowing parking only on one side of the street. When using this street, one has to move to the right and allow trucks, vans, automobiles and motorcycles to pass—passing two vehicles in this space at one time is not safe. The very thought of 18 wheel delivery trucks using this street is insane... Also, many students and employees traveling north to school or work use Wasatch Drive for quicker access —making a trip to the Post Office for a resident is a problem. It's posted but not enforced. The folks on Wilshire and Parleys should not have to accommodate Wal-Mart. Let Wal-Mart sell the property to another developer who will have more of a neighborhood vision. Request: deal with what you have already allowed/created. Don't ask citizens to embrace Wal-Mart and their bully style marketing to encroach on our neighborhood. When Wal-Mart sold only "made in America" goods—they were an acceptable addition to commerce. Now, Amok however, they import so much foreign junk that we're not interested and will not shop in their store(s). 2) We built our home in 1993, our property taxes averaged $1500-1800 a year. The City has imposed $200 to $400 increases each year. This past year, they were $4300. We have tried protests and meetings with the Tax Commission but each time we were given some monetary relief the following year they would add their $200 or$400. We were told property values were high because we are in a 'view area' of the valley. We'd welcome you to see the rusting roof trusses of the (open 24 hours a day 7 days a week) gas station, the white plastic railings on Foothill apartments, the 2 story commercial office buildings and worst of all the many air conditioning units on top of Foothill Clinic—quite a nice view... If the development of Wal-Mart is approved, we will now be subject to parking lot lights 24-7. It was once nice to see the lights of The Country Club and downtown but now that `view' is obstructed by all the additions made since 1993. But... We'll be sure to get our tax notice in November with at least a $200-400 increase— WHY? 3) A development agreement reached between existing and potential commercial businesses should be transparent. Any time a citizen does not agree/has questions; they should have folks they can discuss these agreements with. We're not sure, with all the kissie-face that has transpired between our city officials and Wal-Mart, that this will ever be possible. Free lunches, seminars and trips to help our officials understand Wal-Mart and `their vision'. What a joke. E. R. DUMKE, JR. 2159 SOUTH 700 EAST, SUITE 200 SALT LAKE CITY, UTAH 84106 PHONE 801-467-3600 FAX 801-484-2354 January 18, 2011 Salt Lake City Planning Division Attn: Wayne Mills 451 So. State, Room 406 Salt Lake City, Utah 84111 To the City Council Members: As residents of Country Club Ridge Condominiums, we strongly oppose the re-zoning of the Wal-Mart property on Parleys Way. The constant truck traffic that would ensue with this re- zoning would greatly impact the quality of living in both Country Club Ridge Condominiums and Foothill Place Apartments. We already have heavy traffic on parleys Way, as well as trucks and emergency vehicles using Stringham Ave. to the north of the condominiums and apartments. Please do not approve the re-zoning. Thank you for your consideration. Sincerely, j_? ) - E. R(_Dumke, Jr. - - Katherine W. Dumke Mills, Wayne 'rom: Laura Goodman [lauramgoodman@yahoo.com] dent: Monday, January 24, 2011 10:46 PM To: Mills, Wayne Subject: No to re-zone Categories: Other Dear Wayne, I currently live directly south of the Parleys Way Walmart property. I am not in favor of a rezone. Traffic on Parleys way is already too busy. I lived accross the street from the intersection at Wilshire and Parleys Way and repeatedly saw semi trucks unable to make the turn from Kmart (now Walmart property) onto the on-ramp for I-215/I-80. I am particularly worried that they will widen that on-ramp to accomodate the trucks which will affect our wonderful neighborhood park that my kids and I regularly walk to. That will also decrease the value of the homes in our nieghborhood. I am worried about increased traffic in our neighborhood. I would like to see other commercial/business opportunities in the future for that property and a re-zone would make that very difficult. I say keep the zoning as is, Wal-mart will remodel and it will look great. The do not need to rezone to make a decent store. Sincerely, Laura Goodman 1 Mills, Wayne Auk From: Bret Jordan [bret.jordan@utah.edu] , Sent: Sunday, January 16, 2011 8:24 PM To: Mills, Wayne Subject: Rezone of 2705 Parley's Way Categories: Other Dear Planning Commission, I live on Parleys way,just a couple blocks west of the property that is asking for a rezone. To be very clear, I am not against Wal-mart owning the property or doing business on the property that they own. I am however, completely and utterly against a rezone of said property regardless of who owns it. A rezone will give the property owner or any future property owner the ability to build and conduct business in ways that are clearly outside the scope of the surrounding community and neighborhoods. Walmart or any other owner does not need a rezone to remodel the building and surrounding property to make it pretty and usable for conducting business. Let us not follow on the mistakes of the past when the aggressive zoning was granted to K-Mart in the first place. Please say NO to a rezone. Bret Jordan 2175 S Texas SLC, UT 84109 Amok Bret Jordan CISSP I Sr Security Architect "Without cryptography vihv vivc ce xhrnrw, however, the only thing that can not be unscrambled is an egg.' 1 Mills,Wayne From: Greg Smith[ggsmith9@yahoo.com] ,ent: Saturday,January 15,2011 11:05 AM To: Mills,Wayne Subject: Wal-Mart rezoning petition Categories: Other Hello Wayne, My wife and I are opposed to the rezone mostly because of concern what could happen to the property if Wal-Mart were to abandon or sell it.Another owner might not agree to limit building size,or to make the property compatible with the existing neighborhood. Regards, Greg&Barbara Smith 2153 Broadmoor Street Salt Lake City, UT 84109 801-461-0121 ggsml_h9rayahoo.com 2751 East Wilshire Drive Salt Lake City, UT 84109 January 27, 2011 Wayne Mills Salt Lake City Planning Division 451 S. State St. Room 406 Salt Lake City, UT 84111-5480 Dear Wayne: Attached are my comments regarding the rezone of 2705 Parley's Way. I have submitted 10 copies for the commissioners because there are a lot of pictures, and I didn't know if you would wish to make color copies or not. I am opposed to rezoning the property to Community Shopping because it doesn't meet the criteria set forth in the East Bench Master Plan, Appendix I, Zoning Change Compatibility Considerations; and therefore doesn't meet the criteria in Salt Lake City Zoning Ordinance 21A.50.050. It is not a logical extension of the surrounding businesses or neighborhoods, does not have adequate access either by private vehicle or public transportation, and is located next to a street that already has periods of failure at some intersections. Adding Community Shopping to this mix is beyond comprehension. Thank you for your work on this project. Sincerely, Janice Brittain Mir • Is 2705 Parley's Way really suitable for Community Shopping? Wal-Mart has done a good job of turning the question into a debate of new building vs. remodeled building,and trying to convince people that if Wal-Mart is going to be there anyway,they might as well have a new building. The new building they propose is just a new version of what's already there—a 20`" Century, 1960's model with new furnaces and air-conditioners,and...skylights!;not a 21st Century,net zero model. The YWCA is building green because they plan to be in place for another 100 years;Wal-Mart is here today,gone tomorrow. The property has three accesses,all with issues. One requires an easement across another property;one requires left turns to and from Foothill Drive;and the third,the only signalized intersection,requires left tums to a narrow eastbound lane. The sign marking this lane has been hit and knocked off so many times that UDOT quit replacing it three years ago. Truckers using this access regularly hit and drag road furniture leaving a trail of concrete and road signs in their wake. South of the Stringham/Thunderbird traffic light en Foothill Drive,there are 10 driveways— four on the west side,and six serving four office buildings on the east side. Between the offices on the east,and the gas station,coffee shop,ski rental and restaurants on the west, there is constant in and out of these driveways. It's not unusual to see three vehicles lined Cup in the left turn lane with several more poking out of driveways trying to access Foothill. One of the office buildings on the west side is fully leased and doesn't have enough parking, so employees park on the east side and run across Foothill. They are also back and forth for snacks and lunch. Bus service only runs north-south on Foothill;there is no bus on Parley's Way. How can Community Shopping be integrated into this area that is already overcommitted? ;4170 aftie . • Even from a satellite,this w _ property is an eyesore It. "--.;a. , ,,, •-, that does not inte rate * �_ . into the surrounding i �/ `I neighborhoods. .; `ii — .. For the residents of the j"' , j). ' , . - �*1 east end of Parley's Way, the parking lot functions ~ ` as a street,giving us • 4:' ,. It • '�• , access to Foothill,the •- .'*' ',.-i, k.; _E -, ! Benchmark subdivision, •I. t a� sr "'C` , " j Bonneville Shoreline ,-e. ` . Id Trail,and allowing us to •r . 7 . _ `,'ri walk to the neighbor- i I a ,' " -' 2 4 hoods north of us. 0 On the following pages I have tried to illustrate my points with photographs. Wal-Mart is not the same as Kmart. CS will not be the same as a grand-fathered CB. c... ._.. jig" 7;77 : - - 1 Wal-Mart parking lot on 900 East(about 4700 South)is full with 100's of cars. Across the street,Kmart's parking lot is sparse with 10's of cars,as it was at the Parley's Way site. Behind the Wal-Mart on 900 East are over 20 • -� shipping containers,used for extra storage,plus several semis. Wal-Mart plans to have pedestrian tA a i} f a 3 _ 1- walkways behind the Parley's Way site so that °µ :_' pedestrians can use the access to the apartments 11.4- and the neighborhoods north of Wal-Mart. The access is across from the receiving door behind the Kmart. Dodging around trucks and storage units would be a hazardous walk. • • y t. 4/ t1llfl • _ Behind the Kmart(this one on 900 East,but almost identical to the - Parley's Way store)are no containers, no trucks,no extra y I storage,making it safe for a pedestrian walkway. ® Community Shopping deliveries vs. Community Business deliveries Trucks will be driving up Maywood, past these residences at 2665 Parley's Way, to deliver _ goods to Wal-Mart, who estimates 4-6 trucks per , . • day. People in these condos and the apartments below, who are just a few feet from the property -�-' - line, will be listening to idling diesels and fork-lift beepers all night long if Wal-Mart does deliveries at night as they have said they do. They drop off full trailers, then jockey the empties out of the ,. truck docks and back in the full trailers, then attach the empties and haul them away. Subsequent CS businesses could schedule deliveries at any hour of the day or night. O . KMART RECEIVING , `f HOUR 7AM T � Kmart "truck dock" (above) vs w, - - Wal-Mart truck dock. zwrWALtMART Kmart had one truck per day; i delivery hours were 7 a.m. - 1 114426 6 __< p.m. Their "truck dock" was one 3r. >' door at the back of the building. 4,4 �: • While Kmart is classified as a supercenter, in fact, their level of business activity was closer to a CB zone in volume. Access Wal-Mart plans for their trucks to exit to Foothill Drive using the Stringham Ave.stub which has cars parked on both sides Monday—Friday. Is there really room for semis,parked cars and two traffic lanes? 111 • 411' wit • Vr �16"i_ ° c 'ram`, • Turning left onto Parley's Way at Wilshire • Drive,from the Kmart parking lot. . .and the eastbound lane is. . .where? rr p 'T �.. . February,2008: The demise of the last sign to — mark the east bound freeway on-ramp from the mar west bound left turn lane on Parley's Way at the s=' • Wilshire intersection,. This one lasted about two `' weeks. It is not unusual for cars turning from n Kmart to miss the eastbound lane and turn into the west bound left tum lane. © Foothill Drive Access Southbound van turning left across Foothill,while .-_r, _ d . t;;.� v employee(at right of picture) runs across from his parking place at Kmart,to his office. Notice the cars parked down • t _ .�1K,;,;-.LA the driveway because the o — r ,-'-- ---ice r parking lot is full. The two buildings north of �. - this one have'for lease' signs in front of them. ...np ggiii '. _ _ Wal-Mart's traffic engineer PT - says that accessing their ;,,_ ` property from Foothill is so t= 4 r -- dangerous that people won't ; ,% ''�' 'I do it. Clearly,he's wrong. • • ' , The gas station does a 1 - booming business;during traffic lulls there are vehicles turning in and out of - everywhere. *OA MIL ' The black car on the right actually turned right from the Stringham stub,into the southbound left turn lane,then negotiated a U turn in the northbound lanes and turned right on Thunderbird. I couldn't get photos of vehicles lined up to turn left because a still picture doesn't distinguish between stopped vehicles and moving vehicles. Wal-Mart's commitment to walk-ability Wal-Mart claims that with a rezone they will increase pedestrian walkways from 1459 linear feet to 1900 linear feet. But they don't seem to care about clearing the snow from their walks. All photos taken the same afternoon,January,2011. ,:eg. i. r —( • Walkway from the Parley's entrance City sidewalk on Parley's Way Parking lot totally plowed. There is no bus service on Parley's Way;the nearest east- . • 0"0=- west bus is 2100 East and 2100 South. There is north-south bus service on Foothill Drive. Kmart employees and shoppers used the Parley's Way bus until it was discontinued. Neighborhood residents regularly walk,run,and ride bikes across this property to access Foothill,the Benchmark subdivision,the Bonneville Shoreline trail,Wasatch Blvd (great for runners and cyclists),as well as the neighborhoods to the north. In the 22 years I've lived here,Kmart has never had enough business to make walking across their parking lot a hazard. I used to roller blade around the parking lot during business hours and never O had to worry about traffic. • The Mysterious 1.2 acres. . . i P. 1.-y, • /2 it f •r t y • • Wal-Mart has said that this 1.2 acre plot could be"whatever the community wants." Clearly, the community"voted"with their vehicles,over the last 30 years or so,to make it a park and ride. But,who will pay for it? Will Wal-Mart really commit to a non-revenue producing use? There are still two van pools that carry commuters to Hill AFB,down from four several years ago. With construction down in Summit County,there aren't as many construction bosses picking up their crews here. The recreationists still meet here with skis,golf clubs,back packs,boats,snow mobiles,etc. Two years ago Wal-Mart said they would tow non-shoppers who parked in their lot. If they do,whose neighborhood will inherit this park and ride? What new parking issues will arise if the office workers from the east side of Foothill are booted out(no pun intended)? Businesses in the Cowboy Grub building have posted "customers only"signs in their parking lots. If Wal-Mart turns this property into a revenue generating business,and since they're all about their bottom line who expects them to do anything else,how much additional traffic will be attracted to this site in addition to that projected by their traffic engineer? When will development the length of the Foothill corridor bring the whole arterial to a standstill,and what will be the result? It's not like it can just be widened,or that there is a parallel street to take more traffic. CIt's long past the time to just say no. This triangle is not suitable for Community Shopping. Page 1 of 1 From: Stephen Bradley[skbrad@comcast.net] Sent: Saturday,November 20,2010 4:31 PM O To: Mills,Wayne Subject: WALMART Categories: Other I live off Foothill on the East Bench. 01 think it is insane that you all are insisting on a"cute little shopping area" instead of letting Walmart come in a replace that UGLY empty building. I would love to have a Walmart closer than 1300 S.and 300 W. But more importantly,it would not be taking the place of green space or a lovely park. I do not see anyone converting that UGLY Kmart into a park I would rather it would be functional building that would serve the neighborhood and let it be big enough to house a grocery department as well. It would be a different story if they wanted to build on green space,but for heavens sake nothing has been allowed to be done to that property long enough.A brand new Walmart would be 1000X better than what is there now! Stephen Bradley,MD 1795 Devonshire Drive SLC,UT 84108 O 0 Page 1 of 4 From: Rick Newton [rnewton@comre.com] Sent: Tuesday, November 16, 2010 4:03 PM To: Mills, Wayne Cc: Council Comments; Martin,JT;Jardine,Janice; Norris, Nick; Rushton, Daunte; Sommerkorn, Wilford;Judy Newton Subject: RE: Parleys Wal Mart Rezone Categories: Other Dear Mr. Mills, Thank you for your through and detailed response. It is very helpful and clears up my questions/concerns. I certainly would not want to see a significant amount of"storage containers" on the property, but that sounds like something that could occur with the existing zoning. Thank you again for your time on this and the through response. I am confident that the planning commission is doing its best for the long term use and re- development of the property. I am still in favor of a rezone of the property as long as it complies to the recommendations and guidelines of the planning commission. Best regards, Rick From: Mills, Wayne [mailto:wayne.mills@slcgov.com] Sent: Tuesday, November 16, 2010 2:29 PM To: Rick Newton Cc: Council Comments; Martin, JT; Jardine, Janice; Norris, Nick; Rushton, Daunte; Sommerkorn, Wilford Subject: RE: Parleys Wal Mart Rezone Hello Mr. Newton- My responses to your questions are as follows: 1. The existing Kmart building is approximately 30 feet at the highest point.The proposed Walmart is approximately 33 feet at the highest point with an average of 26 feet. 2. In the proposed CS zoning district, all new construction of a principal buildings and/or uses, or additions that increases the floor area and/or parking requirement by 25i:; requires planned development review by the Planning Commission. The existing Kmart building is approximately 120,000 square feet. Walmart is proposing to demolish the existing building and construct a building approximately 92,000 square feet in size. If the City Council approves the proposed rezone, Walmart would need planned development approval from the Planning Commission to construct the new building. 3. The gas station on Foothill (I believe it is a Chevron) is located in the CB zoning district. The Walmart property is also currently zoned CB. I'm not sure when the Chevron was constructed but a gas station is al,os','ed in the CB zoning district as a conditional use, which requires approval by the Planning Commission. What this means is that a gas station could be constructed on the Walmart property today with conditional use approval. \A'almart has not indicated that they are planning on constructing a gas island at this location. 4. Generally speaking, a development agreement could possibly place restrictions on storage containers; however, there would need to be a specific reason for doing so based on a potential impact. One point that needs to be considered is that containers (used as accessory storage structures) can be placed on the property under the current zoning as long as the container meets building code and zoning ordinance location requirements. This is not an issue isolated to the proposed rezone. 6. That is correct that private deed restrictions are not regulated by zoning. I think the point that the flyer is attempting to make is that if the zoning is changed, a large retail building would then be permitted. If Walmart closes and moves to a nearby location, they can restrict what can be put in the building. Page 2 of 4 Because the building will be relatively large in size, there are a limited number of uses that would want to locate there and they would probably be restricted due to being a Walmart competitor. So, I believe the concern is that if the zoning is changed and Walmart moves, the site could become a vacant eyesore or a flea market. But, if the CB zoning remains any reuse that requires demolishing the building would have to comply with the CB regulations, which limits building footprints to 15,000 square feet. The flyer also mentions that the "existing zoning requires the Kmart building to be remodeled or torn down and replaced by buildings the size between Emigration Market and Whole Foods in Sugar House Commons if vacant for more than a year." This is not entirely correct.The building could remain vacant for longer than a year without the use being abandoned if the property owner demonstrates that: 1) they have been maintaining the land and structure in accordance with the building code and did not intend to discontinue the use; 2) they have been actively and continuously marketing the land or structure for sale or lease, with the use; or 3) they have been engaged in other activities evidencing an intent not to abandon. Please contact me if you have additional questions. Wayne Mills Senior Planner Salt Lake City Planning Division 451 S.State Street, Room 406 PO Box 145450 Salt Lake City, UT 84114-5480 Phone:Sol-535-7252 Fax:Sol-535-6174 . 41104, From: Rick Newton [mailto:rnewton©comre.com] Sent: Friday, November 12, 2010 4:52 PM To: Mills, Wayne Cc: Council Comments; Martin, JT Subject: Parleys Wal Mart Rezone Hi Wayne, I received the attached flyer at my home this past week regarding a rezone of the Parleys Wal Mart property. Can you please clarify a couple of items for me regarding the statements made on the flyer and some of my questions in general. I am a homeowner in the area residing at 2293 Benchmark Circle. 1. With a maximum height of 45' in the new zone, is Wal Mart asking for a 45' height, or what height is their proposed building, and what height is the existing building? 2. When point number 2 states there is not building size restriction, is it correct that any building would still have to go through the planning commission for approval?What is Wal Mart proposing size wise in relation to the existing building. 3. There is an existing "gas station" on Foothill Dr., is that a grandfathered use that is no longer permitted in the current zone? Is Wal Mart planning on a gas island at this location? 4. Can part of the development agreement restrict the number of"storage" containers that could be kept at the property. 5. No comment, I do not have any problem with the residents and city "partnering" to see that the development agreement is followed. 6. Does this have anything to do with a rezone? Don't they already have the right to "deed restrict" by virtue of their ownership? Page 3 of 4 Generally speaking, I am in favor of Wal Mart being granted a rezone of the property as long as their development agreement is in compliance with what the planning commission suggests as far as re-development of the site. Could the development agreement prohibit Wal Mart from operating a "flee market" at the site? I do believe that "forcing" Wal Mart to use the old existing building is like trying to put a square peg in a round hole. I would much rather see a brand new state of the art building following the guidelines of the planning commission than a band-aid to the existing structure. You will see from my e-mail signature below that I am a commercial real estate agent with Commerce Real estate. Even though I am in the commercial real estate industry, I have no affiliation with Wal Mart in any shape or form. I send these comments as a 20 year plus resident of the area and would like to see the property re- developed in a manner consistent with what is "best"for the area and not"influenced" by the wishes of an entity opposed to a "rezone" that seems to not be considering the merits of the project specific to the rezone request. If you could please provide any answers or comments to the above at your convenience it would be greatly appreciated. Best regards, Rick Rick Newton Retail/Land/Investment Commerce Real Estate Solutions Cushman&Wakefield Alliance Member 170 South Main Street,Suite 1600 Salt Lake City, UT 84101 801-303-5485(Direct) 801-322-2000 (Main) 801-322-2040 (Fax) www.comre.com This e-mail and any attachment conta'n confidential information that may be legally privileged If you are not the intended recipient,you must not review, retransmit,print,copy,use or disseminate it.Please immediately notify me by return e-mail and delete it. If this e-mail contains a forwarded e-mail or is a reply to a prior e-mail,the contents may not have been produced by the sender and therefore we are not responsible for its contents.It is the recipient's responsibility to take measures to ensure that this e-mail is virus free,and no responsibility is accepted by the author or Commerce Real Estate Solutions for any loss or damage arising in any way from its use. Rick Newton Retail/Land/Investment Commerce Real Estate Solutions Cushman&Wakefield Alliance Member 170 South Main Street,Suite 1600 Salt Lake City, UT 84101 801-303-5485 (Direct) 801-322-2000(Main) Page 1 of 1 From: Pati Allred-Sorensen [patiallred@gmail.com] Sent: Wednesday, December 01, 2010 5:52 PM To: Mills, Wayne Subject: Walmart rezoning Categories: Other Am very much in favor of the rezoning as it will provide a much nicer, greener store. This will be good for the neighborhood in getting rid of a giant eyesore, helping our tax base, and providing convenience and better shopping closer to home. Lets please spend time trying to help them build the best store possible, not making it as difficult as possible. Thank you for your time. Pati Allred Sorensen 2560 Blaine Ave SLC Utah 84108 801 487 0080 Page 1 of 1 From: Sommerkorn, Wilford Sent: Monday, December 06, 2010 3:00 PM To: Mills, Wayne Subject: FW: Support for Wal-Mart Plan @ Parleys Categories: Other tVilf Sornloerkorii Director Salt Lake City Planning Division From: woodsmb@wellsfargo.com [mailto:woodsmb@wellsfargo.com] Sent: Monday, December 06, 2010 2:47 PM To: Sommerkorn, Wilford Subject: Support for Wal-Mart Plan @ Parleys After reading the article recently in the paper, I would like to comment on why I support the Wal-mart plan for the Sugarhouse store. I support Wal-Mart's revised plan because: 1) They have scaled down the store and are trying to meet the local community standards 2) The empty site is an eyesore and does not serve the community 3) I want the retail goods that the Wal-Mart store is likely to provide to me as a consumer Tnanks ma,yB th a I •„ 1731 S 1E00 E S:'t, Lake Ci;/, Ui. 84108 Home (801) 4E4-8 r 05 Viork. (80 1)246-8268 Tr,$r'"33.i --'r.^a C:..? C�,.__ �.v ._..,'�' •_ '"'u`., I` ,. c a. �..,._ c .,-=�'-. is r ra: y�_ Email_MKeiffer_11-15-10_support.txt From: mkeiffermlk@softhome.net sent: Monday, November 15, 2010 5:17 PM To: Mills, Wayne Subject: say yes to zoning for Walmart at Parley's Way Categories: Other Please say yes to the zoning changes for building the Walmart at Parley's Way. i live east of Foothill and want a Walmart closer to my home so I do not have to drive across town or to another city. The location on Parley's way is excellent for a Walmart. The store will generate additional taxes to the city and create jobs in our city. It will be readily available to the huge numbers of people who travel along Foothill Blvd going to work and the U of U. why not keep those sales (and taxes) within the city? If a gas station is approved, I will welcome it with the hope that gas prices will be considerable lower than the ones at the gas stations along Foothill Blvd. Again, please vote yes for the zoning changes to allow Walmart to be built at 2705 Parley's Way. Margaret Keiffer SLC, UT 84108 oak Page 1 Page 1 of 1 From: Melissa Ford (m.ford@comcast.net] Sent: Thursday, October 21, 2010 3:44 PM To: Mills, Wayne Subject: Wal-Mart Categories: Other Wayne, I have read the fact sheet provided on the open forum website. I have looked at the documents regarding community business zoning and community shopping zoning. I have also read the comments on the open forum discussion board. I am in favor of changing the zoning to allow tear down and reconstruction of the building. It seems like it is such a waste to have the empty building sitting there year after year. It would be important to me that the city and neighborhoods surrounding the site be allowed considerable input in the planning process of the new building and design of the site. It would also be important that traffic patterns, particularly with left hand turns off of Foothill Boulevard, be studied to reduce the impact to the surrounding areas. I live in the area—just west of Foothill Village. I would enjoy having a Wal-Mart close by. Thank you for your careful consideration of this matter. Melissa Ford Page 1of1 From: Larry Shelton [shelton_larry@yahoo.com] Sent: Wednesday, November 10, 2010 11:32 AM To: Mills, Wayne Cc: Council Comments Subject: Walmart Rezoning, 2705 E. Parley's Way Categories: Other I am writing this letter in support of Walmart's request to re-zone their property to allow for their redevelopment plans. I am within walking distance of the store and can see it from my home and I strongly urge the Planning Commission to work with Walmart to assist them in their redevelopment efforts. The local community will greatly benefit from a vibrant retail outlet. Thank you for your consideration. Larry Shelton 2531 Scenic Drive Salt Lake City, Utah 84109 801.554.4875 G Y•= Page 1 of 1 From: John Nitkewicz [john.nitkewicz@hsc.utah.edu] Sent: Tuesday, November 16, 2010 3:30 PM To: Mills, Wayne; Council Comments;jt.martin@alcgov.com Subject: Regarding Wal-Mart Rezoning Categories: Other If the new zone is limited to the existing Kmart property, I see no harm in bringing Wal-Mart into the area. We need to be more business friendly to get the economy moving again. John Nitkewicz, MT(ASCP) Senior Systems Analyst University Health Care Information Technology Services 585 Komas Drive, Suite 204, Salt Lake City, UT 84108 Office: 801-587-6222 john nikeviiczrdThsc utah edu Home: 2895 Hyland Hills Rd., SLC UT 84109 U Py o'rt. Email_JBarton_11-17-10_support.txt 'm%, From: John Barton [jbarfive@mac.com] Sent: Wednesday, November 17, 2010 11:04 AM To: Mills, Wayne; Council Comments; Martin, JT Subject: East Bench community Council - walmart Rezone Categories: Other We are in favor of the Walmart Rezoning. We have lived in this area for 35 years and believe it will benefit the community. Sincerely John & Sharon Barton family 1849 Lakeline Dr. SLC, UT 84109 AolalIkk Page 1 2'37=LT 71 Page 1 of 1 From: dayna norris [daynanda@yahoo.com] Sent: Thursday, November 18, 2010 10:11 AM To: Mills, Wayne; Council Comments; Martin, iT Subject: I want Wal-Mart!!! Categories: Other Dear Mr Mills, Mr Simonsen, and Mr Martin, I live east of Foothill on Comanche and drive to the 300 West Wal-Mart every week or so. I would love to save the gas and help lower pollution in the valley by shopping at as large as possible a Wal-Mart on Parleys. I think all these protests are elitist and propelled by those who can pay higher prices for everything. Please do not be overwhelmed by their organized voices. Many of us want the convenience of a closer Wal-Mart. I do not feel comfortable going to the East Bench Council meeting and standing up against the "in" crowd that somehow relishes in bashing Wal- Mart. Thank you for listening, bayna Norris S0 Page 1 of 1 From: Douglas MacLean [douglas1960@comcast.net] Sent: Thursday, November 04, 2010 2:49 PM To: Mills, Wayne Subject: Parley's Way Wal-Mart Categories: Other I just wanted to add my comment that I am in full support of the zoning change to allow Wal- Mart to build a smaller building and make improvements to the drainage problems and other mitigations that are needed. I am quite suprised that this process will take over a year to approve since the City needs the tax revenue and the jobs that the store will create 0014 I"1 l f f IT 1 \[[1 \[T l I T A' i\T 1 1' r, \T '1 T.11 ! T 11 A 1 l\ 1 1 l P/r%fl 1 Page 1 of 1 From: Sommerkorn, Wilford Sent: Monday, December 06, 2010 10:26 AM To: Mills,Wayne Cc: Gray, Frank Subject: FW: Support for Wal-Mart Plan Categories: Other [Ulf Soroioerl,o;;; Director Salt Lake Ci P:anninct Division From: Darrell Coleman [mailto:darrell.coleman@business.utah.edu] Sent: Saturday, December 04, 2010 3:20 PM To: Sommerkorn, Wilford Cc: Darrell Coleman Subject: Support for Wal-Mart Plan I would like to register my comments regarding the Wal-mart plan for the SugarHouse store. I support Wal-Mart's revised plan because: 1) They have scaled down the store and are trying to meet the local community standards 2) Leaving the empty, ugly eyesore as it is does the community more harm than good 3) I want the retail goods that the Wal-Mart store is likely to provide to me as a consumer Darrell Coleman 1731 S 1800 E Salt Lake City UT 84108 801-541-6099 s ��'`� Page 1 of 1 From: cawdancer@comcast.net Sent: Monday, November 15, 2010 10:37 AM To: Mills, Wayne Cc: Martin, JT Subject: Walmart Categories: Other I'm sure you're just overwhelmed with the nay-sayers re Walmart on Parleys Way, as they are always the most vocal. I represent the senior citizens on the East Bench who are in favor of Walmart's property being re-zoned to allow them to tear down the 45 year old building that is there, and rebuild a building to present day earthquake code. It's absolutely ridiculous to expect Walmart, or any other development, to inhabit that broken down old building with the leaking roof. Just before Kmart moved out, they had buckets all over the store catching the rain water! It is very important that all new buildings be brought to earthquake standards, because those buildings are going to have to house all the residents who live in brick houses who will need shelter after an earthquake. Walmart should be allowed to build anything they wish, since money is no problem for them. Financing is a huge problem for other developers which is why Sugarhouse has that enormous dirt pile on 11th East and 21st South, and Cottonwood area in back of Macy's is still dirt. Why is the planning commission giving Walmart such a hard time? Is it because the snobs in the Country Club area came to the City Council to protest? (They are concerned about the quality of people who shop at Walmart???) Give us all a break! Walmart has reduced prices on just about everything which is what we need in these tough economic times. It also provides jobs for senior citizens as greeters, if not checkers. Senior citizens are at a distinct disadvantage because we are not getting cost of living increases on our Social Security, and we are getting NO INTEREST on our Treasury Bills, CD's and other life long investments. Please reconsider your decision on re-zoning this property. Carleen A. Wallace, M. A. 2532 East 1700 South Salt Lake City, UT 84108-2704 Page 1 of 1 From: Charles Akerlow [cakerlow@gmail.com] Sent: Friday, November 19, 2010 10:51 AM To: Mills, Wayne; Council Comments Cc: keepourzoning@gmail.com Subject: Parley's way Walmart Categories: Other Dear Mr. Mills, As a neighbor of the long-time vacant KMart store at Parleys Way and Foothill Drive, I support the construction of a new WalMart Store on the site and urge the City to approve the requests of WalMart to do so. As experienced real estate developer in Salt Lake City I am well aware of the options the City has to require many things of a developer as projects are proposed. I suggest that you insure appropriate landscaping accompany the construction of a new building so that the "sea of asphalt" which is now so enjoyed by some of the outspoken neighbors, turns into a lively communitdy center with greenery as well as parking. Perhaps a development agreement could be entered into between the City and WalMart which would govern the size, design, site plan, landscape plan and elevations which would better define the end product. I have entered into a number of development agreements over the years with many cities in the valley. They are not unusual and WalMart might find such an approach attractive to resolving some of the issues complained about by some of the neighbors. Frankly, the silent majority of neighbors to this property would like to see it developed in order to add to the City's tax base, add sales tax revenues to City coffers and clean up what is now a blighted property. In fact the blight there may be enough for the Redevelopment Agency to consider it as a target area. I hope it doesn't come to that. This project has become controversial largely because some citizens in the area would like to see nothing happen. The problem with this approach is that the property only becomes more blighted which in the real world does lead to the property becoming a center for criminal activity. When no one visits the property daily it is an ideal place for drug trafficking or whatever other criminal enterprise may be in the works. A vibrant center of commercial activity improves the neighborhood, reduces the crime, adds to the tax base and is a win for everyone. I hope you will recommend approval of this project with appropriate extractions from the developer for landscaping and modern new structures. Thank you. Charles W. Akerlow 2521 Maywood Drive Salt Lake City, Utah 84109 801 209 9490 (mobile) cakerlow@gmail-com Page 1 of 1 From: Bob Richey [rcrich2@gmail.com] Sent: Saturday, November 13, 2010 12:21 PM To: Mills, Wayne Cc: Martin,JT Subject: Yes to Walmart Rezoning Categories: Other Dear Mr. Mills, My wife and I have lived in District 6 for 30 years and we strongly support approval to allow Walmart (or similar'big box' retailer)to develop the dead space formerly occupied by Kmart on Parley's Way. It's time that the east side of Salt Lake has easy access to selection of goods and pricing offered by a Walmart, without having to drive all over the valley. As the local economy continues to tighten, such an option within easy walking or driving distance will provide a real service to our area. Competition could also spur reduction in prices at some of the other grocery stores and gas stations in our area. Unfortunately we will not be able to attend the November 17 meeting. We wanted you to know that some of us feel the issue should be settled by affirmation of the rezoning request. Thank you for your consideration. Bob and Doris Richey Amok Email_BCohne_11-10-10.txt From: BRUCE COHNE [bruce@crslaw.com] Sent: Wednesday, November 10, 2010 8:33 AM To: Council Comments; Martin, JT; Mills, Wayne Subject: wal Mart Categories: Other Gentlemen, I am the former chair of the East Bench Community Council , and the first chair to address the issue of an expanded facility on the former K Mart property located on Parleys Way. My home looks down on the subject property and no matter what is done the site will be an eye sore, but I knew that when I moved in to my present home. Just as Wal Mart knew the zoning limitations when it acquired the property from K Mart. That said I think we must look at the issue with a little dispassion and some common sense. 1st. The property is not generating the much needed tax revenue it could if (a) a new operation was functioning on the property. (b) both sales tax and property tax revenues would be enhanced. 2nd. The City can certainly use the added tax revenue. 3rd. A new facility would result in new jobs initially for the construction crews, and later for the new employees hired by wal Mart to operate the store. Such hiring would result in more income tax revenue for our schools and governmental operations. 4th Wal Mart is on balance a good corporate citizen no matter what the vocal minority says. 5th at the meeting on the 17th only those opposed to Wal Mart will show up, as wal Mart is not lobbying for a turn out. Remember the voice of the silent majority. wal Mart owns the property and can wait to see it developed. They can if they so elect simply warehouse the property for future use is 5 to 10 years. In the event they elect to do so, how much lost tax revenue does the City, county and State loose? we are in tough economic times, people need jobs, and the City can use the tax revenues lost by not having the property productive. wal Mart's cost of ownership is the cost of maintaining the vacant building and its property taxes. The cost of the vacant property to the City is substantial . The wal Mart advance team I had to deal with was arrogant and pompous. They played the joint group of Community council chairs that met with them as dullards, and made us all opposed to their plan. But the real facts are the facts and those should not be ignored. Would the hue and cry be the same if we were dealing a Costco, Home Depot, Lowes, R.C. Willey, Target, or other "big box" operation? I am not in the employ of wal Mart nor am I active in the community council at the present time. Bruce Cohne 257 East 200 So. Suite 700 Salt Lake City, Utah 841111 Ph. (801) 532-2666 Page 1 January 31, 2011 James D. and Elaine J. Brown 1781 Blaine Ave. SLC, UT 84108 Salt Lake City Planning Commission 451 South State Street SLC, UT 84111 Attention: Wayne Mills Re: Wal-Mart's Requests for rezoning and amendments to the East Bench Master Plan for property located at 2705 E. Parley's Way Dear Planning Commissions Members: We support Wal-Mart's requests to rezone its property on 2705 East Parley's Way and to amend the East Bench Master Plan. Rezoning We support Wal-Mart's request to rezone the property because it enables Wal-Mart, at their expense, not the City's/taxpayers' to fix the drainage and water retention problems associated with the property that have caused flooding to the apartment complex to the north and Parley's Way to the south. Fixing this problem is long overdue and should be a priority for the property. We also feel that while there is a short term gain to decreasing the environmental impact via remodeling the building, in the long run a smaller(92,000 vs.the existing 120,000 square foot) new building with more sustainable energy efficient materials developed after the 1968 construction of the present building will be even more beneficial. Most of the current building can be recycled except for hazardous materials such as asbestos. Thus while the initial cost of using new materials (though some products will be recycled ones,just not ones from that particular structure), environmentally and fiscally, may be greater, the gain in sustainability over time will be more significant with new construction, possible only via rezoning. Aesthetically,due to the remodeling constraint capped at 50%of the cost of the as is current building, there is very little that can be done to make that structure, outdated and reflective of its 43 year old design, more appealing. Conversely, new construction of a smaller(92,000 vs. 120,000 square feet), building that can include thoughtful community input (possible under a development plan associated with rezoning) can result in a more appealing Wal-Mart similar to others along the Wasatch Front built with similar input. The Centerville and Sandy(approximately 9400 South and 1000 East) stores are prime examples. Parley's Way is a gateway to the City, and it behooves the City to opt for the rezoning that will enable Wal-Mart to build a new store more consistent with the rest of the East Bench area, that ANN includes enhanced lot features like additional pedestrian walkways,trail connections, and 25 foot versus the existing 40 foot parking lot lights. Amending the East Bench Master Plan A master plan is, in essence, a blueprint for the greater community that, while developed over time, is basically reflective of a moment in time, when in fact it should be more like a calendar or`planner' that can and does include changes as events occur to necessitate them. And, Master Plans can and have been amended as necessary to better reflect the current needs of the community as can be done for the East Bench Master Plan, which is over thirty years old, no longer current and no longer reflective of community needs and wants as it currently exists. Numerous changes have taken place since the Master Plan was written, but one important one has not—the ongoing community need and desire for a big-box retail discount store in the east bench area. K-Mart did not lose customers for lack of either. Rather it lost customers due management problems ultimately resulting in poor customer service, lack of selection of merchandise, including restocking problems, and questionable safety and aesthetic features, e.g. a leaking roof that went unrepaired for several years, lack of parking lot maintenance, air conditioner problems, and more. Consumers started shopping elsewhere out of necessity, not choice, and given the opportunity to again have a new, aesthetically pleasing, sustainable and well managed, cost-efficient(unlike Smith's touted as the alternative, but by no means cost-efficient) superstore (drug,variety and grocery similar to that which originally existed via the K-Mart store to the west and Richie's Grocery Store to the east from 1968- 1980, such a store will be welcomed and well-utilized by the majority of the community, despite the protests from an elite minority in the area. Regarding the latter,they are well organized,well-educated, and well-armed via—Save our Zoning-a Website reflective of anti-Wal-Mart blocking tactics from sources like Wal-Mart Watch, organized, ostensibly `to study the impact of large corporations on society,' but, in reality, designed to provide strategies to keep Wal-Mart stores out of communities, in this case, restrict zoning since Wal-Mart already owns the property. While we have no empirical data to support our beliefs, we feel that the emotions elicited in opposing an issue are far stronger than those that support one or are passive about it. In other words, the Parley's Way Wal-Mart opposition has been more vocal, more demonstrative, and more emotional than those who support it, who simply want to know when they can expect a new improved Wal-Mart store to open. Despite that, given more publicity and more overall disenchantment with the state of the Parley's Way property as it currently exists, supporters have been less passive (though still often reluctant to speak out for or on behalf of Wal-Mart)throughout this interim period between Wal-Mart's announcement of its intent to request rezoning and the actual Planning Commission hearing than the previous request in 2008. The results can be demonstrated via: G Open City Hall, Salt Lake City's on-line vehicle for civic engagement on which, especially since those who comment can do so semi-anonymously without peer pressure from neighbors, co- workers, fellow club or church members,from which the results of the 97 who have commented to date show that: 66% of the respondents support it ➢ 21%of the respondents oppose it ➢ 13%of the respondents provided a non-responsive negative opinion about Wal-Mart, irrelevant since the issue is rezoning. • Reponses from the two community councils, East Bench and Sugar House, whose input was sought demonstrating: ➢ Support from the East Bench Community Council, which, unlike 2008, chose to vote independent of the Sugar House Community Council, and, in contrast to the Sugar House Community Council that voting: ■ Was conducted via secret ballot • Allowed residents themselves, rather than representatives, to cast votes ➢ Opposition from the Sugar House Community Council, but not the unanimous opposition of 2008, and not necessarily reflective of the entire Sugar House community. In conclusion, we reiterate our support of Wal-Mart's requests for rezoning its 2705 E. Parley's Way property and the necessary amendment to the East Bench Master Plan that will economically benefit the East Bench area as well the rest of the City via an increased tax base, elimination of the flooding associated with the property at no cost to the City, increased employment opportunities, and an improved and aesthetically pleasing entrance into the City via Parley's Way with the construction of a new Wal-Mart store and enhanced area surrounding it. We appreciate your strong consideration of Wal-Mart's rezoning and Master Plan amendment requests for its 2705 E. Parley's Way Property. Sincerely, JaAneis,D. & Ela,i ej. 3vo-ww James D. and Elaine J. Brown From The Desk Of... PHILIP D. SHEA/ BEACON HEIGHTS 2474 Wilson Ave. /Salt Lake City, UT 84108-3048 (801) 583-1389 C --, 71/17 2,2- 2-65/V/ 77/ j C6' Z - / Ic f'S — -77 7-c ( Jr /si/A/4, 6 -S I- L. / aldit T I g-7// 3"-.7/ / • '7 di-JAIL Mills, Wayne From: Diane Creamer[dianecreamer@gmail.com] Sent: Thursday, January 13, 2011 2:26 PM To: Mills, Wayne Subject: No to rezone Categories: Other Dear Planning Commisioners, As a resident of Maywood Drive a block or two away from the WalMaet property. I ask you to say no (again) to WalMart's request for rezoning the property. We do not want the zoning changed for anyone! ! Please respect zoning ordinances. The current zoning represent the wishes of the neighborhood. When we purchased our home 5 years ago, we remodel our it and the result was total transformation! I am confident WalMart can remodel the existing property and turn it into a lovely, thriving business. A rezone is unnecessary. Respectfully, Diane Creamer 1 Mills, Wayne rom: altadave@juno.com dent: Thursday, January 13, 2011 7:55 PM To: Mills, Wayne Subject: Walmart rezone Categories: Other To whom it may concern. My name is David Adam and I am a home owner on Wyoming Street in the neighborhood just west of the proposed Walmart. I am writing to you to voice my opposition to the proposed Walmart rezone. We elect city planners to try to have some vision for our community. Previously, our city planners decided that it is not in the neighborhoods best interest to have a store the size that Walmart is proposing. For the same reason that my neighbors and myself cannot decide to sell our houses so that an airstrip could be put in, there has to be a vision and a plan for our community. I see our community as mainly residential with access to many small local businesses. My wife and I love to stroll the side walks of our neighborhood and I like to bicycle commute to my job as a nurse at Primary Children's Medical Center. I envision my 8 month old daughter someday walking down to Beacon Heights Elementary and Hillside Middle School. As it is now, the traffic in our neighborhood is greatly increased when Foothill gets backed up and people seek alternate pathways thru our neighborhood streets. I simply want to make it as safe as possible for my daughter to grow up in a community that promotes walking, biking and playing without having to worry about dangerous levels of traffic and increasingly poor air quality. Thank you for your time. 'avid Adam L:Id: vc'<i juno.com Refinance Rates at 2.8% $160,000 Mortgage$434/mo. No Hidden Fees- 3.1%APR! Get a Free Quote Mortgage.LendGo.com 1 • Mills, Wayne From: Amy Sibul [sibulfam@xmission.com] "'""" Sent: Monday, January 24, 2011 10:10 AM To: Mills, Wayne Subject: Walmart rezoning Categories: Other Hello, I wish to submit a comment in favor of the Walmart rezoning request. I am tired of the vacant dilapidated Kmart building, and look forward to having a more vibrant retail area and place to shop. Walmart has been improving its environmental record drastically over the last several years, and I think they will do justice to the area. Thank you for your time. Amy Sibul 1463 Roosevelt Ave SLC UT 84105 .400 Mills, Wayne -rom: Margret Bond [rpmhbond@msn.com] ,ent: Saturday, January 22, 2011 12:20 PM To: Mills, Wayne Subject: Walmart Parleys Way Categories: Other We have lived in our home for over 50 years. Before even Kmart was located on Parleys Way. Our children attended Rosslyn Heights , Highland Park, Hillside and Highland High schools. We have had personal experiences with the people in the Country Club area referring to us as the people on the other side of the gully/freeway now. As if we were from the other side of the tracks and not as good as they are. Our dimes are just as good as their dollars. We are very much in favor of new as opposed to a remodeled Wal-Mart store. It only makes sense as the old Kmart building has had its day. Their new plan and design would service a large area. I am sure people in the area south and west of the University would shop there and keep sales taxes in the city. There is a large population in the southeast area of Salt Lake City that is not in the country club area. We pay city taxes too and should have a choice also. Margaret & Richard Bond 2625 S 1900 East Salt Lake City, UT 84106 801-484-4168 1 Mills, Wayne From: Cecilia Uriburu [curiburu@ffkr.com] '- , Sent: Wednesday, January 12, 2011 1:19 PM To: Scott Kisling; Mills, Wayne Cc: Simonsen, Soren; Norris, Nick; Sommerkorn, Wilford; Gray, Frank Subject: RE: Architect's calculations of energy consumption -Walmart rezone Attachments: Capture 2.JPG Categories: Other Dear Wayne, The question was "Can the existing K-mart materials be recycled?" and the asnwer was yes, the materials can be recycled, however and just to demonstrate that recycling takes much more energy and resources that re-using a building, I entered the square footage an building type in the calculator found at http://www.thegreenestbuilding.org/ you can see the difference of embodied energy already invested in the original building and compare it to the embodied energy will take to demolish the building... I am not counting the embodied energy that would take to build again a very similar structure. That's is the point I was trying to exemplify. Please see the image attached with the numbers. Thank you, Cecilia. Cecilia Uriburu,AIA i'FKR Architects Associate (Direct)801-517-4326 (Main) 801-521-6186 From: Scott Kisling [mailto:scott.kisling@comcast.net] Sent: Wednesday, January 12, 2011 9:26 AM To: Wayne Mills Cc: Cecilia Uriburu; Soren Simonsen; Nick Norris; Wilford Sommerkorn; Frank Gray Subject: Re: Architect's calculations of energy consumption - Walmart rezone Wayne, Cecilia has revised the numbers for her calculations of energy consumption for rezoned (new) and existing 120,000 square foot buildings. I may not be able to talk with her before leaving for Asia this afternoon, so I may not be able to fully understand the meaning of the revision. I think she meant to say that to remodel the existing building would consume 67,200,000 MBTU while to demolish the existing structure and replace it would consume 864,000,000. I will clear that up with her prior to the 31 st, if not today. Her previous calculations erroneously used an input of 20,000 square feet rather than 120,000. Thanks, Scott On Jan 11, 2011, at 3:14 PM, Cecilia Uriburu wrote: Scott, Instead of 20,000 square feet, the calcs shoud be for a 120,000 sq ft. Here are the embodied enrgy calculations: To build new: 67,200,000 MBTU 1 To demolish: 864,000,000 MBTI! Thanks, Cecilia ecilia Uriburu,AIA FFKR Architects Associate (Direct) 801-517-4326 (Main) 801-521-6186 • Please note:This email,including attachments,may include confidential and/or proprietary information,and may be used only by the person or entity to which it is addressed.If the reader of this email is not the intended recipient or his or her authorized agent,the reader is hereby notified that any dissemination,distribution or copying of this email is prohibited.If you have received this email in error,please notify the sender by replying to this message and delete this email immediately. 2 EMBODIED ENERGY CALCULATOR To use this calculator, begin by choosing your property type from the box on the left. In the box labeled gross floor area enter your building's total square footage. Click calculate to get the amount of energy "embodied" (that's the total energy spent in the production of a building, from the manufacture of materials to their delivery to construction) in your building! Warehouses v .'. X 120,000 sq,ft._ . 67200000 MBTU Embodied Energy investment` Calculate 1 Clear t DEMOLITION ENERGY CALCULATOR When we're looking at teardowns, embodied energy is only part of the equation. To use this calculator, begin by choosing your property type from the box on the left. In the box labeled gross floor area enter your building's total square footage. Click calculate to get the amount of energy "needed to raze, load, and haul away construction materials."* Medium (e.g.. steel frame) - X 120,000 sq. ft. = B64000000 BTU Demolition Energy` {Calculate [ Clear Mills, Wayne -om: Scott Kisling [scot kisling@comcast.net] Jent: Wednesday, January 12, 2011 9:26 AM To: Mills, Wayne Cc: Cecilia Uriburu; Simonsen, Soren; Norris, Nick; Sommerkorn, Wilford; Gray, Frank Subject: Re: Architect's calculations of energy consumption -Walmart rezone Categories: Other Wayne, Cecilia has revised the numbers for her calculations of energy consumption for rezoned (new) and existing 120,000 square foot buildings. I may not be able to talk with her before leaving for Asia this afternoon, so I may not be able to fully understand the meaning of the revision. I think she meant to say that to remodel the existing building would consume 67,200,000 MBTU while to demolish the existing structure and replace it would consume 864,000,000. I will clear that up with her prior to the 31 st, if not today. Her previous calculations erroneously used an input of 20,000 square feet rather than 120,000. Thanks, Scott On Jan 11, 2011, at 3:14 PM, Cecilia Uriburu wrote: ott, Instead of 20,000 square feet,the calcs shoud be for a 120,000 sq ft. Here are the embodied enrgy calculations: To build new: 67,200,000 MBTU To demolish: 864,000,000 MBTU Thanks, Cecilia Cecilia Uriburu, AIA FFKR Architects Associate (Direct) 801-517-4326 (Main) 801-521-6186 Please note This email,including attachments,may in,!ude confidential and/or proprietary information,and may he used only by the person or entity to which it is addressed.If the reader of this email is not the Intended recipient or his or her authorized agent,the reader is hereby notified that any dissemination,distribution or copying of this email is prohibited. If you have received this email in error,please notify the sender by replying to this message and delete this email immediately. 1 Mills, Wayne From: Scott Kisling [scott.kisling@comcast.net] Sent: Tuesday, January 11, 2011 3:44 PM To: Mills, Wayne Cc: Cecilia Uriburu; SugarHouse@yahoogroups.com; Simonsen, Soren; Norris, Nick; Sommerkorn, Wilford; Gray, Frank Subject: REVISED: Recycling the KMart Structure—an architect's report Categories: Other Wayne, et al, This copy shows revised energy expenditures: To build new: 67,200,000 MBTU To demolish: 864,000,000 MBTU Still a factor of 28 times more energy required to build new, but a much larger amount of energy in real terms. The previous copy was calculated based on a mistyped square footage of 20,000 square feet instead of the intended 120,000. Thanks again, Scott Begin forwarded message: From: Scott Kisling <scott.kisiinq@comcast.net> Date: January 11 , 2011 12:10:03 PM MST To: Wayne Mills <wayne.mills@slcgov.com> Cc: SugarHouse@yahooaroups.com Subject: Recycling the KMart Structure — an architect's report Wayne, Please forward this information from a local architect as part of your Staff Report to the Planning Commission. In summary, to reuse the building (which is on record as being in "Fair/Average" condition) would consume 11,200,000 MBTU while to replace it would require 310,000,000 MBTU, nearly 28 times as much energy, plus materials and resources. It is unlikely that this will ever have any payback in reduced energy consumption. Thanks, Scott Begin forwarded message: From: Cecilia Uriburu <curiburuffkr.com> Date: January 11 , 2011 11 :47:48 AM MST To: Scott Kisling <scott.kisling@,comcast.net> Subject: RE: Parley's Kmart recycling efforts 1 Mills, Wayne prom: Mills, Wayne ant: Tuesday, January 11, 2011 12:40 PM To: 'Scott Kisling' Cc: SugarHouse@yahoogroups.com; Simonsen, Soren; Norris, Nick; Sommerkorn, Wilford; Gray, Frank Subject: RE: Recycling the KMart Structure—an architect's report Categories: Program/Policy Thanks Scott. I will forward this with my Staff Report. One quick question. Doesn't the vision you have for this property also require the demolition of the existing structure and the construction of multiple structures.The existing building is approximately 120,000 square feet in size. The existing CB zoning district limits building footprint square footage to 15,000 square feet and requires buildings to be located close to the street. To comply with the CB district, the existing building would need to be demolished and a new (or multiple new) building(s) would have to be constructed closer to the street. Even if someone were to develop a new street on the site to break the site up, the existing building would probably still need to be demolished to make room. I'm not trying to be argumentative, but thought I would throw that out for discussion. Wayne Mills Senior Planner Salt Lake City Planning Division 451 5. State Street, Room 405 Box 145CSo Lake City, UT S411 -54So Phone: 8o1-535-;2S: Fax: So1-535-6174 From: Scott Kisling [mailto:slkisling@comcast.net] Sent: Tuesday, January 11, 2011 12:12 PM To: Mills, Wayne Cc: SugarHouse@yahoogroups.com; Simonsen, Soren Subject: Recycling the KMart Structure —an architect's report Wayne, Please forward this information as part of your Staff Report to the Planning Commission. In summary, to reuse the building (which is on record as being in "Fair/Average" condition) would consume 11,200,000 MBTU while to replace it would require 310,000,000 MBTU, nearly 28 times as much energy, plus materials and resources. It is unlikely that this will ever have any payback in reduced energy consumption. Thanks, Scott Begin forwarded message: From: Cecilia Uriburu <curiburuffkr.com> Date: January 11 , 2011 11 :47:48 AM MST 1 To: Scott Kisling <scott.kislina@comcast.net> Subject: RE: Parley's Kmart recycling efforts Please go ahead, no problem. We are committed to educate as many people as we can on building sustainably... even if the answer is long! Cecilia Uriburu, AIA FFKR Architects Associate (Direct) 801-517-4326 (Main) 801-521-6186 From: Scott Kisling [mailto:scott.kisling@comcast.net] Sent: Tuesday, January 11, 2011 11:21 AM To: Cecilia Uriburu Subject: Re: Parley's Kmart recycling efforts Thank you so much!!! This is far more effort than I ever dreamed. Do you mind if I share this with the Planning Commission or with the Sugar House Community Council? Scott On Jan 11, 2011, at 11:07 AM, Cecilia Uriburu wrote: Dear Scott, Here is my (long) answer in 3 parts: 1-The feasibility of recycling the existing k-mart materials 2-The Re-use as the main goal of responsible sustainable construction: "The greenest Building is the one already built" 3-The state of the existing building according to the Salt Lake County recorder's website. 1-I looked into the building materials of the K-Mart structure and the materials used (of course from the outside only) and I observed that the building is a metal structure with different materials used for the envelope such as: pre-cast concrete (tilt-up panels), metal panels (most likely insulated) and CMU blocks. All of these materials can be recycled, but the recycling takes an arduous process. It can be done, but it is not the green thing to do. According to the embody energy calculator found on the site http://www.thegreenestbuilding.org/ is a great tool! The embodied energy (How much energy was used to do a building similar to the K-mart, from manufacture, transport, etc.) 11,200,000 MBTU The embodied energy that will take to demolish this 120,000 sq ft building: 310,000,000 MBTU taking into consideration the recycling of discarded elements. As you can see it will take more energy and resources "to do the green thing"...quite a paradox huh?. 2-"The greenest Building is the one already built" 2 The USGBC's LEED Rating System recognizes the importance of building reuse. Reusing a building can contribute to earning points under LEED-NC Materials Resource Credit 1 on Building Reuse. ere is an excerpt from Concrete thinker.com, an article with great depth that we used before on the LEED analysis process One of the three arrows of the now quite familiar logo stands for reuse. As one of the three Rs, reuse is second in the hierarchy of reduce, reuse, and recycle. Reuse can be done on a big scale when saving buildings from the demolition ball. It does take planning, but the result can be significant savings, as well as environmental benefit. Typically building reuse means leaving the main portion of the building structure and shell in place while performing what is known in the trade as a "gut rehab." Repairing a building rather than tearing it down: saves natural resources, including the raw materials, energy, and water resources required to build new; prevents pollution that might take place as a byproduct of extraction, manufacturing, and transportation of virgin materials; and avoids creating solid waste that could end up in landfills. A key factor in building reuse is the durability of the original structure. Because concrete and masonry exteriors are long-lasting, and frequently exhibit superior detail and craftsmanship, concrete and masonry buildings are good candidates for building reuse. Windows, floor coverings, partition walls, mechanical systems, and plumbing can be replaced and insulation can be added while maintaining the original concrete frame and exterior walls. In addition to its long service life concrete offers a low-maintenance surface, another good reason to consider --use. One way to lengthen the building's life and improve the chances of reuse it to inspect the exterior _arly and if necessary, repair. Some states,such as North Carolina, provide grants to renovate vacant buildings in rural counties or in economically distressed urban areas. 3-Also, I would like to point out that the Salt Lake county recorder's website, lists the building in this parcel as in Fair/Average exterior condition, commercial grade and interior condition...nothing indicates that the building is in no shape to be re-used. The "Condition" is a designation to establish a difference in how the structure has been maintained, regardless of its quality or construction type. It should be evaluated taking into consideration the building as a whole. In determining if the condition is superior, average, or inferior, the appraiser should examine the building in relationship to its condition new. Normal usage causes deterioration. Condition should be examined in light of usage and care. In evaluating condition, long-lived portions of the building should be given more weight than those short lived more easily replaceable components. (from the Recorder's website) I hope this clarifies a bit what goes into consideration when we talk about sustainable ways to build. Thank you, and please let me know if you have any other questions. .ecilia Uriburu, AIA FFKR Architects Associate 3 (Direct) 801-517-4326 (Main) 801-521-6186 Original Message From: Scott Kisling [mailto:scott.kisling@comcast.net] Sent: Sunday, January 09, 2011 8:33 PM To: Cecilia Uriburu Subject: Re: Parley's Kmart wall materials Any success yet with finding someone that can comment on the likelihood of recycling the Kmart structure walls? Thanks, Scott On Dec 27, 2010, at 4:03 PM, Scott Kisling wrote: > If a knowledgable person could actually visit the site and identify the material that would be most helpful. It appears to me to be wire reinforced aggregate of some kind, apparently pre-fabbed, but I'm no expert in that field. > Sincere thanks, > Scott > On Dec 27, 2010, at 1:49 PM, Cecilia Uriburu wrote: :110) » Hi Scott, » I will look into the cost and the feasibility of recycling such material and let you know of my findings. » Thank you, » Cecilia Uriburu, AIA » FFKR Architects » Associate » (Direct) 801-517-4326 » (Main) 801-521-6186 » Original Message » From: Scott Kisling [mailto:scott.kisling@comcast.net] » Sent: Thursday, December 23, 2010 9:22 PM » To: Cecilia Uriburu » Cc: Jan Brittain » Subject: Parley's KMart wall materials » Cecilia, » I am one of the many people working to prevent Walmart from rezoning the property on Parley's Way. - ►, » p, » I want to expose Walmart's misleading statements whenever possible. One of their repeated statements is that "90% of the KMart building can be recycled." They seem to be careful not to state that it *will* be recycled; only that it *can* be. 4 » I understand from FFKR is very knowledgable about recycling building materials, and I was wondering if someone from there would be able to comment on the relative expense of recycling he KMart building's walls. I believe it is a wire reinforced aggregate of some kind. .> » I appreciate any help you can give. » Sincerely, » Scott Kisling » 2409 Lynwood Drive >> 801-209-3936 » Please note: This email, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this email is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this email is prohibited. If you have received this email in error, please notify the sender by replying to this message and delete this email immediately. > Cecilia Uriburu, AIA FFKR Architects Associate (Direct) 801-517-4326 (Main) 801-521-6186 5 Mills, Wayne From: Mills, Wayne ,orok. Sent: Monday, October 11, 2010 3:02 PM To: Sugar House CC Chair Subject: RE: Nonconforming vs conforming uses Attachments: 21A.38 - Nonconforming Uses and Noncomplying Structures.pdf Categories: Program/Policy Hello Mr. Carlson- The limit is 75%for noncomplying structures with conforming uses. The nonconforming use and noncomplying structure chapter of the zoning ordinance is attached.The section regulating demolition of a noncomplying structure (with a conforming use) is 21A.38.090C1.The section regulating demolition of a noncomplying structure with a nonconforming use is 21A.38.090C2. Wayne Mills Senior Planner Salt Lake City Planning Division 451 S. State Street, Room 406 PO Box 145480 Salt Lake City, UT 84114-54So Phone:8o1-535-7282 Fax:8ol-535-674 Asmok From: Philip [mailto:PhilipCarlsonSHCC©StoryCupboard.com] Sent: Monday, October 11, 2010 10:15 AM „w To: Mills, Wayne Subject: Nonconforming vs conforming uses I'm working \,vih a SHCC committee dealing with the Walmart zone change request. I understand that there is a 50% limit to remodeling noncomplying structures structures with NONCONFORMING uses (though I do not understand what the use has to do with it since the use of a building can change from time to time). What is the limit for remodeling noncomplying structures with CONFORMING uses? Thanks, Philip carlson 801-694-2478 cell Admooks Mills, Wayne om: Mills, Wayne _ant: Monday, October 11, 2010 9:31 AM To: 'Jan Brittain' Subject: RE: Walmart Categories: Program/Policy Hello Ms. Brittain- The 50 cost threshold that applies to noncomplying structures with nonconforming uses does not apply to the parking lot. I am working on a fact sheet that attempts to explain this issue, as well as provide additional background on the proposal.The fact sheet and other materials, such as maps and pertinent sections of the Zoning Ordinance, will be placed on the City's Open City Hall website. I will forward you details on how to access the site when it is up and running. Wayne Mills Senior Planner Salt Lake City Plannr`Divsicn 451 S. State Street, Room ao6 PO Box 1454So Salt Lake City, UT S. nn_-,4So Phone:8oi-535-7 2.82 Fax:Sot-535-617 -om: Jan Brittain [mailto:wilshirejan@comcast.net] Sent: Thursday, October 07, 2010 6:22 PM To: Mills, Wayne Subject: Walmart Hi Wayne— Has any decision been reached on whether a rebuild of the parking lot at the Parley's Way Waimart would be included in the dollar amount that they can spend remodeling the existing building? TIA Jan Britt-air, wilshireian c cori cast net 801-485-C2tc 1 Mills, Wayne From: Mills, Wayne '' Sent: Tuesday, November 09, 2010 11:15 AM To: 'Don Gren' Cc: Simonsen, Soren; Sugar House CC Chair; councilcomments@slcgov.com; Harpst, Tim; Young, Kevin; Mayor; Sommerkorn, Wilford; Norris, Nick; Nielson, Paul; Coffey, Cheri Subject: RE: Questions and concerns related to Walmart(Kmart) property Attachments: Community Business District_CB_.pdf; CB and CS Comparison of Allowed Uses.pdf Categories: Program/Policy A truck stop is defined in the definitions section of the zoning ordinance but is not an allowed use in any zoning district. It would not be permitted in the current CB or proposed CS zoning districts. Please note that a gas station is allowed in the current CB zone as a conditional use and in the proposed CS zone as a permitted use. Any options for future development on the property under the current zoning would be regulated by the CB zoning district standards and use table. The CB district regulations and a table showing the allowed uses in the CB and CS zoning districts are attached. Wayne Mills Senior Planner Salt Lake City Planning Division 451 S. State Street, Room 406 PO Box i4548o Salt Lake City, UT S41n4 54Sc Phone:80:-535-7252 401111 Fax:Sol-535-6174 From: Don Gren [mailto:don@gren.us] Sent: Monday, November 08, 2010 9:11 PM To: Mills, Wayne Cc: Simonsen, Soren; Sugar House CC Chair; councilcomments@slcgov.com; Harpst, Tim; Young, Kevin; Mayor; Sommerkorn, Wilford; Norris, Nick; Nielson, Paul; Coffey, Cheri Subject: Re: Questions and concerns related to Walmart (Kmart) property Wayne: A resident asked what the requested zoning Walmart is asking for would allow. They specifically asked if a truckstop could be. Is there a specific zone for truckstops. I'm wondering what the options are for this property under the current zoning. A neighbor provided me with the following that was put together under the direction of Soren Simonson, if I understood correctly. Please help us understand what we can do further to assist you and others so that the long-term viability of the neighborhoods are ensured. Thank you for helping us with our questions. 1 Sincerely, T)on Gren 30 Lynwood Drive 801-915-1574 don'-r urcn.0 Creating a Socially, Economic and Environmentally Sustainable Community: A Vision Within the Current Zoning Village Square with a View: The Connecting Place Our vision connects the existing neighborhoods by extending Wilshire Drive to intersect with Stringham Ave. Along the extension will be small businesses, condos, a small hotel, perhaps a police station, a recreation center, grass and trees. The streets would have wide sidewalks and bike lanes to promote walking, biking, outdoor dining. A transportation hub at the Stringham-Foothill intersection with a parking structure built into the hill Auld encourage use of public transit and maintain the unofficial park and ride that has existed for at least 30 years from the Kmart parking lot. Residential units on top of the parking structure would hide the parking structure and provide a pleasant street view. Providing a means for Foothill to be plowed, but not onto the sidewalk, would promote pedestrian and bicycle access in the winter. This winter they plowed into the parking lane, but a transportation hub may need that lane for bus transfers. Mixed use would add value to our inter-generational community and enhance quality of life This community would give our elder citizens a place to age in their neighborhood without worrying about outdoor maintenance. A mix of condos and apartments with walkable amenities and easy access to public transit would allow people to stay in the neighborhood longer or"age in place". The Wilshire neighborhood currently has two 4-generation families, and has had others. Adding to the mix of residential offerings would promote more. Mixed-Use Community Recreation Center Promote the area as an access to the Bonneville Shoreline Trail, Parley's Creek Corridor Trail, Parley's Historic Nature Park, i.e. Greenway and Recreational Connectivity. Enhance that with a community recreation center offering activities not available at Steiner or Fairmont, farmers' market that might attract sellers from Summit County, childcare center, senior center, local retail, residential, restaurants. 2 Connectivity Greenway Connectivity: Gateway to the Bonneville Shoreline Trail, Parley's Creek Corridor Trail, Parley's Historic Nature Park Many ways to get around: walking, biking, rollerblading,jogging, public transit. Neighborhoods are connected by providing access to the Wilshire intersection on Parley's and the Stringham/Thunderbird intersection on Foothill. Major arterials do not divide neighborhoods when there are traffic signals and easy access to those intersections. Transit Connectivity: Bus Rapid Transit north on Foothill to the University, Research Park and TRAX to downtown; transfer station for bus service to Summit County, I-215 south, or west to Sugar House and beyond. Providing a transit hub with neighborhood businesses furthers the connection where neighbors regularly meet to shop, eat, and recreate. Both residential and businesses should thrive if we build an attractive walkable green space. Re-connecting the Natural Terrain With the Neighborhoods ,, ,, The retaining wall for the Kmart parking lot effectively divides that property from the neighborhood and sends a "keep out" message. Removing the land fill and returning the property to its natural terrain opens up the view from the street to the property and from the property to the valley. Change the message from "keep out"to "come in". Terraced structures allow for roof gardens. Most of the residences that overlook the property are above it. Having ugly roofs with mechanical equipment hidden from the street by a facade, does nothing for the view enjoyed by the neighbors to the east. Wal-Mart is rolling out a new concept—grocery stores called Marketside, of roughly 15,000 square feet intended to compete with Tesco's Fresh and Easy stores. Its new logo, filed in planning documents in Arizona and consisting of green lettering with a stylized tomato, egg and grape topped by a Wal-Mart blue star, suggests the format will — like Tesco's Fresh & Easy—have a far stronger stress on fresh foods. This concept would fit well into our vision. Neighbors are looking for a place to pick up a quart of milk and a loaf of bread. It would also provide the type of quick market that often appeals to apartment dwellers who have limited storage space. On Oct 25, 2010, at 12:06 PM, Mills, Wayne wrote: Please see my responses in red. Amok Wayne Mills — Senior Planner Salt Lake City Planning Division 45i S. State Street, Room 406 3 PO Eo;< 145480 Salt Lake City, UT _ Phone:Soi-535-7 So,-535-6174 From: Don Gren [mailto:don@gren.us] Sent: Tuesday, October 19, 2010 10:42 PM To: Mills, Wayne Cc: Simonsen, Soren; Sugar House CC Chair; steve a sltrib.com;j ge desnews.com; councilcomments'a slcaov.com; Harpst, Tim; Young, Kevin; Mayor Subject: Questions and concerns related to Walmart (Kmart) property Wayne: I became aware of the following website this evening httn:/'\v\vw.nc\'.rule:.or11fretail'rules'preventine-vacant-boxes It raises questions I hope you can answer. For instance How does the City assess the amount of retail space that is desirable to meet the needs of our population and not lead to vacant buildings like the Kmart (Walmart) here in our neighborhood and the Smith's/Skaggs building on 3300 South. Is this done by neighborhood and the City overall. 1 needs through c� t Genera�l`y' speaking, Ci`:11i;1J;iii'y are addressed the community master plan process, � is important to note, that the ' needs" of the community are not just isolated to basic neighborhood services, but also should address the appropriateness of land uses to provide economic benefits to the community without causing detrimental impacts. I do not know why Smith's Skaggs h� been ` sn c but K d -/., `J`J- US J .`a Cant f�,r loner, mart closeu for business in November 200S and V'aimart submitted a petition to rezone the property in December 200S. The petition was submitted to a II;1V: for the construction of a new store with the sameof o _ t�`r_ USe aS r�nl2rt, tJ say tt , the s',. hasbeen vacant due. tc an excess of retail in, the area is not justified r'i this time, Does the City require a demolition bond as described in this website. If not, is it being considered. 1 he City does not require c: deniciitticn bond as described in the website and I am not aware the City y of considerir it this time. Does the City require designs for re-use and require that vacant stores go on the market, as also described in the website. The City CC __ moire this cs dcscrin_d in the v.'ebsite. I sent the following to Tim Harpst and Kevin Young indicated you would address them. There simply is abysmal access to this property compared to access to the Walmart, Sam's Club, Costco, and new Target on 300 west, only minutes from our homes via the freeway. Frankly, I do not understand how anyone approved the construction of the Kmart and sincerely hope that everyone seriously considers the negative impact on the neighbors of perpetuating mass merchandising on this property rather than community businesses as it is zoned and neighboring properties appear to be. Km...t was a permitted use when it was const-uctec in the late CO's. The potent a' imp acts related to toe proposed zenri:di amendment w i be analyzed esc e and presented c !� 4 report to the Planninc Com iSS O;�. This report will be available to the public prior to the Planning Commission p m o hearin Please help us understand why anyone would consider changing the masterplan and zoning on this property, given the traffic and other issues. Assuming that plan is rejected and Walmart decides to remodel, as I've heard they could do, what will be done to mitigate the traffic impacts on the neighborhood. Any property owner has the right to request a zoning amendment and the City is required to analyze the proposal As stated above, the analysis will be presented in a staff report to the Planning Commission I have been reading some of the case law regarding zoning and I'm wondering what the City Attorney's position is with regard to neighbors experiencing a "taking" should the City decide to amend the Master Plan and change the zoning, as Walmart is asking for. Please direct me to those who can respond to this question. Please clarify this question. A "taking" if related to a property owner being denied the use of their property. I do not understand the stated issue of neighbors experiencing a "taking". Thank you for all of your help, Don don't7 eren.us 801-915-1574 On Oct 19, 2010, at 9:57 PM, Don Gren wrote: , Kevin: Thank you for your response to my questions. Please help me with the following I had always thought that the trailers were equipped with a data collection system. How difficult would it be to add that capability (vehicle count and speed, by time of day, seems to me to be information that could be logged and would be very helpful in assessing the use and level of safety). Do you have any trailers that are or some other devices that have that capability. Have our neighbors, who have speed bumps, asked to have them removed. If so, what proportion and on what streets. Given the Walmart proposal being considered, what increase in traffic do you predict on each of the streets in the neighborhood. How do your estimates compare with those of Walmart. What would the process be to approve having Lynwood blocked off between Wyoming and 2300 East, similar to what was done on Amanda and Sunnyside Avenues. Who owns Parley's Way and 2100 South from the westbound and southbound Foothill exits to 1300 East. How wide in the right-of-way for the street south of Stringham that connects to the Walmart property. Is it owned by the City and what changes are being planned for it, if any. Please also respond to my last question in the previous email, "Assuming that plan is rejected and Walmart decides to remodel, as I've heard they could do, what will be done to mitigate the traffic impacts on the neighborhood." I have the same question for the various scenarios that are being considered. 5 Thank you again for your assistance, don a uren.u� 801-915-1574 On Oct 19, 2010, at 5:19 PM, Young, Kevin wrote: Don, I have been asked to respond to your questions below dealing with Transportation and refer you to the appropriate person for the others. I have shown my responses in red below. Kevin J. Young, P.E. Transportation Planning Engineer 801-535-7108 Original Message From: Don Gren [mailto.don w'aren.us] Sent: Monday, October 18, 2010 9:53 PM To: Harpst, Tim ',h: Simonsen, Soren; Sugar House CC Chair; Young, Kevin; Council mments; Steve^sltrib corn;joace^a,desnews corn oubject: Traffic questions and concerns related to Walmart(Kmart) property Tim: Thank you for working on these issues. Scott and I noticed a traffic monitoring trailer in front of his home this morning. Can we assume it will also be set up in front of our home (2530 Lynwood) and on the other streets likely to bear the brunt of additional traffic attempting to get to and leave the Walmart(Kmart) property. Please provide us with the data you collect and help us understand your study design, analysis, conclusions, and plans for Parley's Way and neighborhood streets that connect to it. The tra`f„ m,nl,orlo: t: is trc, j 1'cJ referred to l':as place.o4 co L`:ny.'ocol as part of "C:7'. on-coihc proicra.; where speed trailer„ are place: various. c.ty' Teets in an effort to remind motorist o: the speed 1,rnit in the area Speed tralfers are place: on a street for about a v.'eek and then moved to other locations Plaoinc another speed trailer on Lynwood Dr. in the near future is not on the current schedule No data is collected v,'hen speed trailer are placed so ther:. Is nC information to . .lCe c'd... the s',ed trailer placed on Lynwood Dr Tnere is not a currentplan fcr any changes to Parleys 'Aa. i r; Tiansoc-tatic7. D , ,.-. \u most likely revi: ., Pahl, `,"Lay conjunction v h a f. .,. c. road project I've been talking with neighbors and understand there was a plan (may have been informal) to block off Lynwood where it connects to Parley's way as was done on Amanda Avenue (east of Guardsman, photo attached) where it connected to Sunnyside. That or blocking Lynwood at 2300 East(picture from Google Earth), appear to me options. Stringham and other streets, also likely to be impacted don't appear to me to have that option. I still think speed bumps are quite effective and should be installed, at least on Lynwood. I an-, not ay.ar: of ahy plans to C . Fe off Lvn'.,c d Dr a; you inOioatec I: may have e been a' iced C:_cus. _d ne,ghocrs As oateO ih his email response, speed humps are no longer an option liar- can use in Are there plans to move the light from Stringham to the street just south of it(needs to be rebuilt if it is to provide access to the Walmart (Kmart) property, especially for trucks) so that traffic from north and east of the property can access it 6 directly. Without such a change, traffic will have to leave the property on the south on Parley's way, go west to Stringham or other neighborhood streets so they can return where they came from. I have not heard cf any plans to relocated tne traffic signai from the Stri no ham hundC rbird intersection of Foothill Dr Since Foothill Dr. is under the jurisdiction of UDOT, any changes or modifications to the traffic controls along this street would have to be reviewed and approved by UDOT Robert Miles is the Traffic Engineer for UDOT Region 2 and could b:. contacted at cO1 9/o-49OQ for any additional information UDOT may have on this issue. There simply is abysmal access to this property compared to access to the Walmart, Sam's Club, Costco, and new Target on 300 west, only minutes from our homes via the freeway. Frankly, I do not understand how anyone approved the construction of the Kmart and sincerely hope that everyone seriously considers the negative impact on the neighbors of perpetuating mass merchandising on this property rather than community businesses as it is zoned and neighboring properties appear to be. Wayne Mills of the city's Planning Division indicated these issues would be addressed on the Planning Division's website. Please refer to the Planning Division's website at w'+v'v.slccov com/CED/planninq Please help us understand why anyone would consider changing the masterplan and zoning on this property, given the traffic and other issues. Assuming that plan is rejected and Walmart decides to remodel, as I've heard they could do, what will be done to mitigate the traffic impacts on the neighborhood. Wayne Mills of the citv's Pianning Division indicated these issues would be addressed on the Planninc Division's website. Please refer to the Planning Division's v ebsit_ at www.slcgov.com!CED/Qlanninc Thank you for your help, Don don(a)aren.us .m 801-915-1574 <image009.png> <image010.png> <image0l l.png> <image012.png> On Oct 1, 2010, at 10:53 AM, Harpst, Tim wrote: I'll see if I can address the questions and ideas posed. I am not aware of anyone having foirnally analyzed Parley's Way for a road diet. However, for the past few years, we have been looking at all roads that are scheduled for upcoming maintenance to determine if something such as a road diet, addition of bike lanes, median, etc. can be implemented. This is part of a more holistic look at the use of public rights-of-way as described in the City's new Complete Streets ordinance. We are on the lookout for opportunities, such as road projects, to implement improvements for all users as possible and justified. We successfully worked with neighborhoods and community councils this year on a couple of these that involved traffic lane and on-street parking lane diets which allowed the addition of bike lanes. I fully expect we will be reviewing Parleys Way in the future as road work is proposed or as development such as the potential Wal-Mart provides us with more detail. Kevin- Please work with Engineering to get the info Scott Kisling requests below pertaining to determining the exact transition point of ownership of Parley's Way as it approaches the overpass. Then, send it to him. The City's formal traffic calming program was de-funded in 2004 over issues of the length of time needed to properly work through the process, the large number of neighborhoods wanting & waiting for traffic calming and the significant funding needed to implement calming measures. Speed humps, in particular, became very divisive with half the public wanting them and half not. Snow plowing isn't a problem when they are built properly, but they are punitive to good drivers as well as bad ones. Personally and professionally, I am not a fan of their use. When the program ended, it was agreed that we would do what is mentioned above and seek opportunities via other projects to implement calming measures as needed and possible. We also still have a few non-construction type calming measures that residents can avail themselves to such as Neighborhood Speed Watch where residents borrow a radar gun from us and check the speed in their neighborhood while educating drivers of their speed. 8 Mills, Wayne From: Amy Barry[ALBarry@slco.org] ant: Tuesday, October 26, 2010 1:54 PM o: Mills, Wayne Subject: RE: walmart Categories: Other I Ii \V'ayne- 1 read through most of the stuff on the web, but your answer here helps tie it all t„,cthcr. I think people are very clear that \V'almart has the ri ,-ht to remodel and have submitted plans to that affect at some point this t ear. The muddled mess comes with all the implications and misunderstandings around the remodel limitation and appropriateness about a rezone. I think I have a clearer understanding, although I reserve the right to come back and say aw in how confused l am. 'Thank you for all your work on this. is with any community oriented issue development there are strong feelings either yv:e. and 1 feel it's important for me to be able to communicate the issues in a way that help me neighbors better understand the whole thing. .\m, 1n1,. Barr ccnons Coor(l:Astor From: Mills, Wayne [mailto:wayne.mills©slcgov.com] Sent: Tuesday, October 26, 2010 12:51 PM To: Amy Barry Subject: RE: walmart That is really a question for Walmart. Simply stated, if the existing parking lot or building were "substantially" altered, the property would have to become compliant with all current City drainage requirements. Whether or not the site can come into compliance without tearing down the building is really something that the developers engineer would have to address. The real issue that the City is stu;yin; is whether or not CS zoning is appropriate for this property, not if Walmart should be allowed to remodel. This is a tough thing for people to understand because Walmart is the applicant. Read through the background material and let me know if you have additional questions Thanks for keepina up on this stuff. I know it's a confusing nightmare. Wayne Mills r Planner Lake City Planning Division 4;1 S. State Street, Room 406 PO Pox 1454So 1 Salt Lake City, UT 84114-54Sc Phone: 801-535-7282 Fax: 8oi-535-6174 From: Amy Barry [mailto:ALBarry@slco.org] Sent: Tuesday, October 26, 2010 11:33 AM To: Mills, Wayne Subject: RE: walmart Ili \\'ayne- I'll look over the background information you sent. My question about addressing the parking lot is more indepth than just restriping and follows up on a conversation we had at the farmers market. You had mentioned you were unsure if Walmart could adequately address the drainage issues in the parking lot if they were only permitted to tear down 50" of the building as you were unsure to the extent of this issue and needed to hear from public utilities. This is a huge sticking point with people in the community who believe Walmart can physically fix the parking lot drainage issues without a rezone. Theoretically if they can physically fix that issue without doing a full demolition than the cost limitation on a remodel would not be an issue. That is really what I'm trying to understand and I believe most people are unclear on this point. Thanks again, Amy t m Barry 801-468-3135 albarry i slco.o g From: Mills, Wayne [mailto:wayne.mills@slcgov.com] Sent: Tuesday, October 26, 2010 9:01 AM To: Amy Barry Subject: RE: walmart Hi Amy- Here is a link to our Open City Hall website - http://www.slcgov.com/opencityhail/.There's quite a bit of background information on there that should answer your questions. Here's a quick answer to your questions: Does the remodel limitation extend to the landscaping/parking lot? The remodel limitation does not extend to the landscaping/parking, lot.The Zoning Ordinance does not prohibit Walmart from landscaping and re-striping the parking lot. Can they adequately address the parking lot doing a remodel? I'm not sure what you are asking here. Can you explain "adequately address the parking lot"? If they get a rezone is there anything in place that would stop them from changing the plans and adding more square footage? 'N6 There is nothing currently in place, but Walmart has stated that they would be willing to sign a development agreement with the City that would limit the size of the building to what is proposed. 2 Wayne Mills Senior Planner It Lake City FlanOir,v Division S.State Street, Room 406 PO Box 1454So Salt Lake City, UT S4114-54So Phone: Sot-535-?2S'- Fax:8ot-535-617_ From: Amy Barry [mailto:ALBarry©slco.org] Sent: Tuesday, October 26, 2010 8:42 AM To: Mills, Wayne Subject: walmart Hello Wayne- J I meant to email you last week about this Walmart question. I have a meeting with their PR people tonight with the SHCC Chair. Did you ever put together a flyer? I wanted to follow up with you on a few issues: Does the remodel limitation extend to the landscaping/parking lot? Can they adequately address the parking lot doing a remodel? If they get a rezone is there anything in place that would stop them from changing the plans and adding more square footage? -appreciate your work on this and helping us out to communicate more accurate information. Thanks, Amy SHCC Vice Chair Amy Barry. 801-468-3135 n11nrry e 3 Mills, Wayne Amok From: Mills, Wayne Sent: Wednesday, November 17, 2010 12:54 PM To: 'john.ogilvie@comcast.net' Cc: Norris, Nick; Rushton, Daunte Subject: RE: Walmart rezoning concerns Categories: Program/Policy Hello Mr. Ogilvie- A "gas station" is defined as follows: A principal building site and structures for the sale and dispensing of motor fuels or other petroleum products and the sale of convenience retail. A gas station may include minor auto repair and car wash facilities when such uses are listed as a permitted or conditional use. Any use that provides services above what is stated in this definition would have to be evaluated. For example, overnight sleeping accommodations and overnight truck parking are not allowed as part of a gas station. If a proposal came in that included these uses,vie would look at the zoning use table to determine if they were permitted. We would also look at how the proposed use overall compares to a "gas station" and a "truck stop". If the use is more similar to a truck stop,even though it does not include all of the services described in the definition, we would issue an interpretation stating that it is considered a truck stop. Wayne Mills Senior Planner Salt Lake City Planning Division 451 S.State Street, Room cob Pa Box t4548o Salt Lake City,UT 84114-54So Phone:Sai-535-72S2 Fax:8o1-535-6i74 From: john.ogilvie@comcast.net [mailto:john.ogilvie@comcast.net] Sent: Monday, November 15, 2010 7:05 PM To: Mills, Wayne Subject: Re: Walmart rezoning concerns Mr. Mills, Thank you for getting back to me, and thanks for the attachments and info. I found the definition of"truck stop" in the online ordinances (Chapter 21A.62): TRUCK STOP: A building site and structures where the business of maintenance, servicing, storage or repair of trucks, tractor-trailer rigs, eighteen (18) wheel tractor-trailer rigs, buses and similar commercial or freight vehicles is conducted, including the sale and dispensing of motor fuel or other petroleum products and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include overnight sleeping accommodations and restaurant facilities To me, a key feature of this definition seems to be that truck stops require "maintenance, servicing, storage or repair of trucks, tractor-trailer rigs, eighteen (18) wheel tractor-trailer rigs, buses and i similar commercial or freight vehicles" -- if those activities are not conducted on the site then the site is not a "truck stop", regardless of what else occurs on the site. that's correct, then it appears to me that the CS zoning would allow, for example, a facility which has dozens of gasoline and diesel pumps, a convenience store, a restaurant, overnight sleeping accomodations, showers, and a large lot where trucks can be parked for a few hours or even overnight, provided that truck mechanic (maintenance, service, and repair) shops are not on the site. Please let me know if I'm misunderstanding something. Thanks, John Ogilvie Original Message From: "Wayne Mills" <wayne.milis@slcgov.com> To: "john.ogilvie@comcast.net" <john.ogilvie@comcast.net> Sent: Monday, November 15, 2010 4:44:04 PM Subject: RE: Walmart rezoning concerns Mr. Ogilvie- Sorry for the late reply. I have been out of the office. There are not any limitations other than the typical development regulation in the CS zoning district and the specific ;ulations for fuel pumps. The CS zoning district regulations and fuel pump regulations are attached. Please contact me if you have questions. Wayne Mills Senor Planner Salt Lake City: Plann'ng D:'.isicn 451 S. State Street, Room to PO Box 1454So Salt Lake City, UT S411 -54S Phone: Sol-535-72S: Fax:So:-535-6174 From: john.ogilvie@comcast.net [mailto:john.ogilvie@comcast.net] Sent: Wednesday, November 10, 2010 11:32 AM To: Mills, Wayne Cc: keepourzoning@gmail.com Subject: Re: Walmart rezoning concerns Mr. Mills, Thank you for your email and the information. As a follow-up, what are the limitations on gas stations or similar facilities in the proposed CS zone? Are there limits on the number of pumps, for example, or any size limitations? i hanks, John Ogilvie 2 Original Message From: "Wayne Mills" <wayne.mills@slcgov.com> To: "john.ogilvie@comcast.net" <john.ogilvie@comcast.net> Cc: keepourzoning@gmail.com Sent: Tuesday, November 9, 2010 2:34:09 PM Subject: RE: Walmart rezoning concerns Mr. Ogilvie- A truck stop is defined in the definitions section of the zoning ordinance but is not an allowed use in any zoning district. It is not permitted in the current CB zone and would not be permitted in the proposed CS zoning districts. Please note that a gas station is allowed in the current CB zone as a conditional use and in the proposed CS zone as a permitted use. Please contact me if you have additional questions. Wayne Mills Senior Planner Salt Lake City Planning Division 451 S.State Street, Room cob PO Box 14548o Salt Lake City, UT 84114-548o Phone: 801-535-7282 Fax:80i-535-6174 From: john.ogilvie@comcast.net [mailto:john.ogilvie@comcast.net] Allook Sent: Tuesday, November 09, 2010 11:26 AM To: Mills, Wayne; Council Comments; Rep. Brian S. King; Senator Ross Romero Cc: keepourzoning@gmail.com Subject: Walmart rezoning concerns Gentlemen, Thanks for your efforts on behalf of our city. I live on Wilshire Circle, across from the old K-Mart (and, more happily, near the Bombay House restaurant). I am writing to express my concern about possible rezoning; you can tell me if this could actually happen through rezoning: The Parley's Way area could be developed as a truck stop, with easy access to 1-80, resulting in dozens or hundreds of semis moving through and the resulting noise, air pollution, etc. I have family who drove semis professionally, and many truckers are good people, but not all of them, and people naturally feel less respect for places where they pass through than places where they live, so that's a concern as well. Thank you for your attention to this concern. ,,,look John Ogilvie 3 Mills, Wayne om: Young, Kevin Sent: Wednesday, November 10, 2010 5:18 PM To: 'Don Gren' Cc: Simonsen, Soren; Sugar House CC Chair; Harpst, Tim; Mills, Wayne; Mayor Subject: RE: Traffic questions and concerns related to Walmart(Kmart) property Attachments: Parley's Wal-Mart report_2.pdf; walmart figures 1-11.pdf Categories: Other Don, I have asked that traffic counts and speed date be collected on Lynwood Drive and Maywood Drive between Parley's Way and 2300 East. This work will be added to the schedule and completed vihen the counters become available. We are looking at the first week in December for this to occur, but weather conditions may delay when the counters can be placed. If we miss out in gettinc the count and speed information in the first part of December, we will most likely wait until after the first of the year so vie can get accurate counts We don't have current count information on Parley's Way, but based on counts taken by UDOT in 2009, there is about 12,000 vehicles a day on Parley's Way I have attached copies of the Vial-mart traffic study for your information and reference Kevin Kevin J. Young, P.E. ansportation Plannino Engineer .1-535-7108 From: Don Gren [mailto:don@gren.us] Sent: Monday, November 08, 2010 9:18 PM To: Don Gren Cc: Young, Kevin; Simonsen, Soren; Sugar House CC Chair; Harpst, Tim; councilcomments@slcgov.com; Mills, Wayne; Mayor Subject: Re: Traffic questions and concerns related to Walmart (Kmart) property Kevin: I appreciate your help with my October 19th questions. I assume my October 25th email didn't get to you. I'm wondering: 1. What do we need to do to have a traffic speed and counting study done on Lynwood and Maywood, above 2300 East. 2. How can we obtain access to past data for these streets, Parley's Way, and others that connect to it. Thank you for your help, Don Gren 30 Lynwood Drive Salt Lake City, UT 84109 don a (2rcn.us 801-915-1574 1 On Oct 25, 2010, at 1:34 PM, Don Gren wrote: Kevin: Thank you for your responses to my questions. It is not surprising to me that no speed bumps have been removed. What do we need to do to have a traffic speed and counting study done on Lynwood and Maywood, above 2300 East. How can we obtain access to past data for these streets, Parley's Way, and others that connect to it. Thank you for your help, Don Gren 2530 Lynwood Drive Salt Lake City, UT 84109 don J.turen.us 801-915-1574 AN On Oct 25, 2010, at 8:57 AM, Young. Kevin wrote: ' Don, I have shown my responses to your questions in red below. Kevin Kevin J. Young, P.E. Transportation Planning Engineer 801-535-7108 From: Don Gren [mailto:don^agren.us] Sent: Tuesday, October 19, 2010 9:58 PM To: Young, Kevin Cc: Simonsen, Soren; Sugar House CC Chair; Harpst, Tim; Steve asltrib.com; joace:crdesnews.com; councilcomments dslcaov,com; Mills, Wayne Subject: Re: Traffic questions and concerns related to Walmart (Kmart) property Kevin: Thank you for your response to my questions. Please help me with the following I had always thought that the trailers were equipped with a data collection system. How difficult would it be to add that capability (vehicle count and speed, by time of day, seems to me to be information that could be log€ and would be very helpful in assessing the use and level of safety). Do you have any trailers that are or some other devices that have that capability. 2 "I he speed hailers are 0c0 set up to col,:ct traffic speed o \OILIMe data. SOille lr,ed 10 have that capabilit\. but it is no longer functioning and no resources Were approved to repair them or spend the extra time to proigram and ' 'cord data. We do have traffic counters (hoses that are set across a street) that collect traffic speed and volume ta. "I here ale. however, no plans this time to collect frafric data on LLTILLood Dr. or Lnv other street in the area. Have our neighbors, who have speed bumps, asked to have them removed. If so, what proportion and on what streets. Given the Walmart proposal being considered, what increase in traffic do you predict on each of the streets in the neighborhood. How do your estimates compare with those of Walmart. What would the process be to approve having Lynwood blocked off between Wyoming and 2300 East, similar to what was done on Amanda and Sunnyside Avenues. While there may be some intii\idnak k\II0 \s.uold like to have the speed humps in their neighborhood removed. I k 11 a W of no COlLseti\ neigilhOrhOOd group to have existing speed humps removed. No speed humps that hit\c been iii St C ha\L. been removed. ReLwding increased traffic on neigl'borhood streets, the traffic report completed for the Walmart project looked at Parleys Way and 1.00thill Dr. and the connections from the project to those streets. but didn't look at or predict trallic changes on local streets. ] he le\el of set\ice (L )S) at the Parle\ 's Way/Wahl-tart entrance \vas such that no mitigation itleasy.,-, L\ere recommended. \lost likel\ there mav be some shirt in traffic patterns on local streets as peoril.; adjust to a difteren! shopping option. Irafric counts from 2 \ears age showed that 1_\nwood 1)1.. ha ahoin 5-t " (Y)t \ dare Usirill the street. While it Illight not he desirable to residents. this volUnle could increase. cYL.r ;nor: til.an doubling_ and it NVOUld not be considered excessive for a /esidenikil street. ,garding the process to ci 0: a street. a petition requesting the closure \\ould need to be presented to the city. The request N\ taco throach a public process. ineludin2 neig.hborhooci meetings. a presentation to the communitY council. and puHic hearings vith the Planning Commission and Cit\ Council. Past experience has sho\\n that street closure renitions that are based on residents wanting to decrease traffic on their street are difficult to get appro\ed. if a street v are to be closed, tit.: truffle mo\es to other local streets oin,j, those residents don't want the inetet:.se in aim on their street so the:, oppose the petition There needs to be compell circumstances 1.,,r a :street to b.: closed. Sceurin" fundina for a street (210. ::t.' i 015000 i:•••.,1::2 that must be factored into the nroeess it is diftieult. particulari\ ill toda s economy. to secure funding fom- these t\pes projects. Who owns Parley's Way and 2100 South from the westbound and southbound Foothill exits to 1300 East. 210.:; area \on mae asking about are owomi h\ How wide in the right-of-way for the street south of Stringham that connects to the Walmart property. Is it owned by the City and what changes are being planned for it, if any. The t-illt-o!-\\ Ice: no cilm:11; changes. Please also respond to my last question in the previous email, "Assuming that plan is rejected and Walmart decides to remodel, as I've heard they could do, what will be done to mitigate the traffic impacts on the neighborhood." I have the same question for the various scenarios that are being considered. . acre are currentl\ no pi-ns regitrelitul trafficmitigation On local streets due to the pl.OpOei prOjeCt. Thank you again for your assistance, 3 Don don a Eren.us 801-915-1574 On Oct 19, 2010, at 5:19 PM, Young, Kevin wrote: Don, I have been asked to respond to your questions below dealing with Transportation and refer you to the appropriate person for the others. I have shown my responses in red below. Kevin J. Young, P.E. Transportation Planning Engineer 801-535-7108 Original Message From: Don Gren fmaiito:don;^aren us] Sent: Monday, October 18, 2010 9:53 PM To: Harpst, Tim Cc: Simonsen, Soren; Sugar House CC Chair; Young, Kevin; Council Comments; steveCa'isltrib.com; joaae(a�desnews.com Subject: Traffic questions and concerns related to Walmart(Kmart) property Tim: Amok Thank you for working on these issues. Scott and I noticed a traffic monitoring trailer in front of his home this morning. Can we assume it will also be set up in front of our home (2530 Lynwood) and on the other streets likely to bear the brunt of additional traffic attempting to get to and leave the Walmart(Kmart) property. Please provide us with the data you collect and help us understand your study design, analysis, conclusions, and plans for Parley's Way and neighborhood streets that connect to it. The traffic monitoring trailer (speed trailer) you referred to was placed on Lynwood Dr. as part of an on-going procram where speed trailers are placed on various city streets in an effort to remind motorist of the speed limit in the area. Speed trailers are placed on a street for about c \',e rk and then movedotherlocations. Placing anotherspeedtrailer to ..pe on Lynwood Dr. in the near fLrture. ,s riot cn the cur rent schedule. Nocollected speed r are placed, so there datais gg�l„ when CC: i Gll� is no information to provide from the speed trailer placed on Lynwood Dr. There is not a current plan for any changes to Parleys Way. The Transportation Division will most likely review Parley's Way in conjunction with a future road project. I've been talking with neighbors and understand there was a plan (may have been informal) to block off Lynwood where it connects to Parley's way as was done on Amanda Avenue (east of Guardsman, photo attached) where it connected to Sunnyside. That or blocking Lynwood at 2300 East(picture from Google Earth), appear to me options. Stringham and other streets, also likely to be impacted don't appear to me to have that option. I still think speed bumps are quite effective and should be installed, at least on Lynwood. I am not aware of any plans to close off Lynwood Dr. as p'ou indicated. It maydiscussed Tim G... have been a.. idea ci_ Jsseu among some neighbors As l im Harpst indicat.d in his 0.-i-1l email response, speed humps are noan option e�� loncercan use in SLC. Are there plans to move the light from Stringham to the street just south of it(needs to be rebuilt if it is to provide access to the Walmart(Kmart) property, especially for trucks) so that traffic from north and east of the property can access it Amok directly. Without such a change, traffic will have to leave the property on the south on Parley's way, go west to Stringha or other neighborhood streets so they can return where they came from. I have not heard of any plans to r.ncate.. the traffic signal from the Stringham/Thunderbird intersection of Foothill th_ oftraffic Since Foothill Dr. is under the jurisdiction lJDO T , ally changes Cr modifications to the iraii:c controls along this street 4 would have to be re..e,.eo and acc•ro.ed t UDO1 Robert Miles is the Tref Enaince- for UDOT Ren cn 2 and could b,. contacted at CC' -G 7 5-� �. for any a d;in.na' information UDO1 may have on this issue `sere simply is abysmal access to this property compared to access to the Walmart, Sam's Club, Costco, and new Target 300 west, only minutes from our homes via the freeway. Frankly, I do not understand how anyone approved the construction of the Kmart and sincerely hope that everyone seriously considers the negative impact on the neighbors of perpetuating mass merchandising on this property rather than community businesses as it is zoned and neighboring properties appear to be. Wayne Miiis of the. . t P, nn., Vi son Indicated these issues would be addressed on the Planning Please refer to the PI_ .nino Division's v;ebsite at\dvvn,v.slcaov.com/CED/olanninq Please help us understand why anyone would consider changing the masterplan and zoning on this property, given the traffic and other issues. Assuming that plan is rejected and Walmart decides to remodel, as I've heard they could do, what will be done to mitigate the traffic impacts on the neighborhood. Wayne Mills of the city s PianninC i indicatedthese issues would be addressedthe 'an ision v ebsi:e Division i„ �ue, v„�,d 2 ..r�.... on Planning Di�✓ �'s Please refer to the Pia�.ninc Division's v.ebsit at VNIVI slcaov.com!CED/olannina Thank you for your help, Don don gren.us 801-915-1574 <pastedGraphic.tiff> <pastedGraphic.tiff> <pastedGraphic.tiff> <pastedGraphic.tiff> On Oct 1 , 2010, at 10:53 AM, Harpst, Tim wrote: I'll see if I can address the questions and ideas posed. I am not aware of anyone having formally analyzed Parley's Way for a road diet. However, for the past few years, we have been looking at all roads that are scheduled for upcoming maintenance to determine if something such as a road diet, addition of bike lanes, median, etc. can be implemented. This is part of a more holistic look at the use of public rights-of-way as described in the City's new 5 Complete Streets ordinance. We are on the lookout for opportunities, such as road projects, to implement improvements for all users as possible and justified. We successfully worked with neighborhoods and community councils this year on a couple of these that involved traffic lane and on-street parking lane diets which allowed the addition of bike lanes. I fully expect we will be reviewing Parleys Way in the future as road work is proposed or as development such as the potential Wal-Mart provides us with more detail. Kevin - Please work with Engineering to get the info Scott Kisling requests below pertaining to determining the exact transition point of ownership of Parley's Way as it approaches the overpass. Then, send it to him. The City's formal traffic calming program was de-funded in 2004 over issues of the length of time needed to properly work through the process, the large number of neighborhoods wanting & waiting for traffic calming and the significant funding needed to implement calming measures. Speed humps, in particular, became very divisive with half the public wanting them and half not. Snow plowing isn't a problem when they are built properly, but they are punitive to good drivers as well as bad ones. Personally and professionally, am not a fan of their use. When the program ended, it was agreed that we would do what is mentioned above and seek opportunities via other projects to implement calming measures as needed and possible. We also still have a few non-construction type calming measures that residents can avail themselves to such as Neighborhood Speed Watch where residents borrow a radar gun from us and check the speed in their neighborhood while educating drivers of their speed. We also have speed trailers that we can park on a street where we suspect speeding. 6 Timothy P. Harpst, P.E., PTOE Transportation Director Salt Lake City Transportation Division Phone: 801 535-6630 349 South 200 East, Suite 450 Fax: 801 535-6019 Salt Lake City, Utah 84111 email: tim.harpstslcgov.com 7 Mills, Wayne From: Mills, Wayne Sent: Monday, November 22, 2010 1:52 PM To: 'Scott Kisling' Cc: Norris, Nick Subject: RE: Walmart question Categories: Program/Policy Here are the answers to your questions: 1) There is nothing in the code that requires demolition of the building. As long as the building does not create a public life/safety issue, it can remain unoccupied. 2) Yes, it can stand unoccupied and there is no timeframe for how long a building can stand unoccupied. Wayne Mills Senior Planner Salt Lake City Planning Division 451 S. State Street, Room 406 PO Box 145480 Salt Lake City, UT 84114-5480 Phone: 801-535-7282 Fax: 801-535-6174 ANN Original Message From: Scott Kisling [mailto:scott.kisling@comcast.net] Sent: Monday, November 22, 2010 12:38 PM To: Mills, Wayne Subject: Walmart question Wayne, Can you please tell me if the following is possible? 1) If Walmart is *not* granted a rezone by City Council and allows its building permit to expire, how long will they have before the building must be demolished? At that point, I assume they will have to landscape (such as it is). 2) If Walmart *is* granted a rezone by City Council, can the current building stand unoccupied? For how long? Thanks, Scott Kisling 2409 Lynwood Drive 1 Mills, Wayne om: Scott Kisling [scott.kisling@comcast.net] ,,ent: Sunday, November 21, 2010 1:15 PM To: richards.mark7@gmail.com Cc: Jan Brittain; Mills, Wayne Subject: Walmart size fallacy Categories: Other Mark, Jan Brittain forward me your email that says you prefer a smaller, newer Walmart store. Most people do, but most have not thought through the 1.2 acre (52,000 square feet) area that will also be developed. Walmart's proposal includes a much discussed 92,000 square feet retail store and a 1.2 acre (52,000 square foot) wild card area they say will offer "an opportunity to discuss what the neighborhood wants." They have mentioned a park-and-ride and even a neighborhood garden as possibilities, and while those two suggestions do fit in the new zoning, the City would have to buy that (roughly) million-dollar piece of property to do that, which is unlikely in today's economic environment. A more likely use would be a large gas station (permitted for the zone Walmart wants) and a drive-through restaurant. The roughly 24% energy use and traffic generation reduction Walmart has repeatedly stated, compared to a remodeled store, are from the 23%reduction in Walmart store size, without consideration of energy use or -affic generation by the other 52,000 square feet of developable land. Please base your opinion on the allowed total square footage of the zone Walmart wants (unlimited) and not on just of several buildings. Thanks, Scott Kisling 2409 Lynwood Drive From: Mark Richards [mailto:richards.mark7@gmail.com] Sent: Saturday, November 20, 2010 10:17 PM To: Jan Brittain Subject: Re: Good News Thank you for forwarding,this to me. I agree with The Salt Lake Tribune that "a smaller, new store is the better outcome." I will communicate my position to the elected and appointed officials, as well as their staff. Good night. On Sat,Nov 20, 2010 at 9:52 PM, Jan Brittain <wilshircjan comcast.net> wrote: Two years ago the Salt Lake Tribune predicted that the Planning Commission would vote in favor of a rezone for Walmart. They voted 7-0 against it. Today, the Salt Lake Tribune wrote an editorial favoring a rezone for Walmart. It looks like Walmart wrote the editorial. It's all about new building vs remodel; they never touch the real question: Does the property meet the criteria for Community Shopping? I hope they extend their streak of being 180° wrong on the Planning Commission vote. i Page 1 of 4 From: Charles Akerlow [cakerlow@gmail.com] Sent: Wednesday, December 15, 2010 5:26 PM oolgolk To: Keep Our Zoning Nemo Cc: Mills, Wayne; cakerlow; Gerry Tully Subject: Re: Parley's way Walmart Categories: Other See Notes (in red) below. On Wed, Dec 15, 2010 at 4:17 PM, Keep Our Zoning <keepourzonine a gmail.com> wrote: Dear Mr. Akerlow, I was forwarded your letter to the city planner assigned to the Walmart property, copied to keenourzoning a email.com, and feel you need to know more about the tax and other issues. While Walmart will attract some customers that would otherwise shop outside of the City limits, adding to City tax revenues, Walmart has said that road modifications to access the property will be paid by us, the taxpayers. I don't understand the connection between the first part of your sentence and the second part. However. the taxpayers of the City and the State own the roads servicing this property and ought to pc\ for improvements ir they arc necessary. The only reason there would be a need for such improvements, other than the normal wear and tear of City streets. is to accommodate a commercial enterprise which would then generate additonal property tax and sales tax revenue to the City thus enabilin2 the City to pay for such iniprovments. I've never felt that developers ought to be in the Allms business of being a City. If the City financially benefits from a new commerical project it ought to pay for whatever public improvements arc necessary. If it is shown that the cost of improvements out- weigh the benefit to the community than the project ought not to be approved. This. by the \yay. is the legal foundation for tax increment financing. Investors will buy tax increment bonds if it can be shown that the increased tax revenues can pay for the bonds--so that the general fund does not have to do so. While we all agree that competition brings lower prices, Walmart's competitors don't, to my knowledge, get government subsidies. Walmart, on the other hand, was subsidized $10MM and $2.5MM to locate its distribution center in Hurricane and Grantsville, respectively, and $1.2MM to locate a store in American Fork. Adobe got government subsidies. Micron got government subsidies. etc. Government subsidies arc a way of life in generating economic development. They have been \'cry helpful in de\ �p r Utah. Often the subsidies aremerelyagreement nottoana ill. .Li_ t . C.?e an ecII .iht collect impact fee or tax which the governmental entity wasn't 2cttlllg anyway. Why do you decide that \\'alIliart should be treated differently? Ifthe store were Target would you have all of these Same ol"1 cMons? Until last year, when Utah got wise to Walmart and enacted what is called "Combined Reporting" of corporate income tax, Walmart avoided $350MM in state taxes by using "Captive REITs;" deducting rent that its operating subsidiary pays to its real estate subsidiary, even though that money eventually ends up in the Walmart's own pocket. This estimate was according to the February 7, 2001 Wall Street Journal. Well apparently. then. this is no longer a problem. However. Scott. if you owned interests in an REIT do you think you should pay taxes in every state where the REIT has a real estate interest? If Wainlart has an RI:I 1 then. by definition. there are Vlore owners than Walmart in the REIT. Most REITs are public. Do you know whether this one is? Doesn't an REIT l act like an LI,C and passes on lossesshareholders? 'Whether or not it does.it is disingenuous to accuse Walmart the gains and to the of ayoidine taxes to Utah. I might possibly agree with you if Walmart was actually paving rent to Walmart on that store. Then maybe the profits ought to be consolidated. But don't jump to conclusions Page 2 of 4 here it A'.c are dealing_ with an Rhi f . (Often times these Rf'I I s arc created to give the investing public a sal investment 1�)r their 401 ks or \\hetewcr since Walmart is makign the rent pavcmn't' to the RId I and the Rhi I ovens the real estate.) Centerville, like many cities, had to hire an additional police officer, at taxpayer expense, because of the time their officers spent servicing the new Walmart there. And Centerville was happy to do so because of the dramatic increase in property tax and sales tax revenues it received from the Walmart. Does it surprise You that ally activity in which thousands of people congregate Ilo\V' where they had not congregated bebare would require additional public safety? bran lv. i would have thought such an enterprise 'night iustify two or three more t?olicemen. who. by the way, also serve the citizens of Centerville in mealy other \`.'a\'s as well. A February 2006 Tribune article showed that Walmart had 234 workers on Medicaid, at a cost of $1.4MM. Meanwhile, two of Utah's Top 10 employers (Hill AFB and Skywest Airlines) had zero workers on state-funded insurance. IHC, with 26,000 employees (nearly double Walmart's Utah workforce)had only 48 workers on state-funded insurance. Walmart employees pay 41% of their insurance cost vs. 10% for Costco employees and 16% for U.S. employees nationwide, making insurance unaffordable to many. Don't know and doubt Your statistics. 2006 is dated material. Internalize the profits and externalize the costs and its easy to offer lower prices. Even subsidized, though, Walmart has suffered a drop in same-store sales in its US stores for the past six quarters, and has closed over 200 stores nationwide. Many people think that rezoning will eliminate the current eyesore of a closed big box store, but if the property is rezoned Walmart can close their store and ensure that it is not leased or sold to a competitor, indefinitely! This is why the former Smith's store sits empty on 33rd South, and the former Lowe's store sits empty in Sandy. But, Walmart (or some future owner) need not have the Parleys Way store sit empty, as the zoning_ they are requesting will allow them to lease the store to the operator of a flea market, a permitted use under the zone they want. "i he last time I checked. this. Smiths continued to pip, rent on the closed store in o'd er to keep another grocery store out of the 3500 South illarket. They did this to protect their I\estiileat in the old Fred Meyerproperty. the L to pe,t\ I ci i'( 't\'. And they continued to pay �" 1' �'' tie\cs. I his is small price. on h �',rtu! competition. small I .11'e. their I top"\" to keep out I vial Su;. that Smiths is also opposins \\ a l:liar, lieie for the same rea son-- heA don ant( \.a the comae don'to. - '. tell( i:. 1 know about I.OV.es but it \',u !J lie \\.t :1;,..It:l if that sit:. hei:1`' so near the freeway. were developed. B.rt market fe):'Ce� wren I. iawori' Ilea' 1'i'_'.11i n)\\. A`, irnt \\e tta\c IlO\V s ' 1�� '' 1 �. C oS.d store Ili): i . well_ 2 iA taxes and vet delivering bllig'ht to the neighborhood. If like that. it is your right. But I do anddo n't - don't i \wort\ much about \\hat \\ riblike:'l ilia\ di` in :he future. l they1 havein s ti;, . Remember ( {1 .:1 ] \�e .eiti ill lee(�t11i 1 Furthermore, Walmart is focusing on the new store, made possible with the rezone they are requesting, generating 24% less traffic and using less power due to its smaller size, yet they don't mention the plan to develop a 1.2 acre (52,000 square foot) "Area A." They want you to envision a park-and-ride, or even a neighborhood garden in Area A, though a more likely use would be a large gas station (permitted in the zone Walmart wants) and a drive-through restaurant. 'i ha: \\belle: be a terrible location fill a gas station'eon'.eilicn'e store I kilow because t lea\e owned ', of them in tile pus:. I li( tlh, Ies''' "ant would .-'i ltiiielt interestedf People done t tendhill _ either. to dii\�' up l),t tiie Illalll dIi to tlil)�e Lind of uses. t he trouble \\irk this site being an\thing else but a box store is that it rc::il\ isn't on a corner: its recce is sonte\\hat odd \\ 1 1 1 aril to normalcommercial el li I ehii lil`e'rclill lee\e Illiliileili. N\ ,illil.iCi sltla:'i to li'.aiS_ i the pines a d make it in\Ping because they ar going to 11.:\e 10 d nn,\ people oil of Foothill (\\"!uch, is difficult if \l)tt are going north) and Parley's Way. But, ti p, n, t' ��'1V' fell. Ul 1 ` al, _ : t:?s; food 1'e,•., ,_.ti L'l` on the site—isn't ill.., more reAeiltle to the C1!V? ( erialfiiA the Cil\ would ll,.,e to agree to a probe: si . plan and signa ge in open and Baltic meetings. Page 3 of 4 Several polls over the years consistently find that the vast majority of residents *don't* want a mass oak% merchandiser in their neighborhood (82% is the most recent poll). Please don't pretend to speak for the "silent majority" of your neighbors. We all want to see the property developed—and developed soon—but we want something that will increase, not decrease, our property values. For forty years I ran a variety of political campaigns in Utah. 1 have probably forgotten more about polling than you have learned but I know of no legitimate polls on this subject which would meet the test of objectivity. You should be careful to assume that there is not a very large silent majority that would like to see development there and cannot understand the visceral reaction of many of the neighbors. Many of the members of your group opposed the development of the office buildings on the site some years ago citing traffic jams, etc. None of that materialized and_ in fact, those office buildigns have been an asset to the neighborhood. If you think that having a dilapidated 100,000+ s.f. building in your neighborhood is better for property values than having a Walmart. spend some time with an MAI appraiser or two. I do not believe that there is any development on that site which your group would support. At least you certainly haven't suggested any. The campaign waged here is a negative campaign (Vote No) and it certainly does not represent me. There are just too many unknowns associated with rezoning the property, and the few knowns don't look so attractive when you take a closer look. I'd be happy to discuss this with you further if you wish. "I hank you for taking the time to respond to my report to the City. Personally. I L'ppreciate the fact that you have chosen to be involved in an important issue and to stand up and be counted. That. after all. is what democracy is about. I am sure the Ciev Council will be mindful in making its decision and I will support it whatever that decision may be.--CWA Scott Kisling 2409 Lynwood Drive ' °"" (M) 801-209-3936 Dear Mr. Mills, As a neighbor of the long-time vacant KMart store at Parleys Way and Foothill Drive, I support the construction of a new WalMart Store on the site and urge the City to approve the requests of WalMart to do so. As experienced real estate developer in Salt Lake City I am well aware of the options the City has to require many things of a developer as projects are proposed. I suggest that you insure appropriate landscaping accompany the construction of a new building so that the "sea of asphalt" which is now so enjoyed by some of the outspoken neighbors, turns into a lively communitdy center with greenery as well as parking. Perhaps a development agreement could be entered into between the City and WalMart which would govern the size, design, site plan, landscape plan and elevations which would better define the end product. I have entered into a number of development agreements over the years with many cities in the valley. They are not unusual and WalMart might find such an approach attractive to resolving some of the issues complained about by some of the neighbors. Frankly, the silent majority of neighbors to this property would like to see it developed in order to add oalikk to the City's tax base, add sales tax revenues to City coffers and clean up what is now a blighted property. In fact the blight there may be enough for the Redevelopment Agency to consider it as a target area. I hope it doesn't come to that. Page 4 of 4 This project has become controversial largely because some citizens in the area would like to see nothing happen. The problem with this approach is that the property only becomes more blighted which in the real world does lead to the property becoming a center for criminal activity. When no one visits the property daily it is an ideal place for drug trafficking or whatever other criminal enterprise may be in the works. A vibrant center of commercial activity improves the neighborhood, reduces the crime, adds to the tax base and is a win for everyone. I hope you will recommend approval of this project with appropriate extractions from the developer for landscaping and modern new structures. Thank you. Charles W. Akerlow 2521 Maywood Drive Salt Lake City, Utah 84109 801 209 9490 (mobile) cakerlow@gmail-corn Charles W. Akerlow 4416 South Century Drive Murray, Utah 84123 801 288 2727 801 209 9490 (mobile) cakerlow@gmail-com Page 1 of 1 From: Armand H. Matheny Antommaria [Armand.Antommaria@hsc.utah.edu] Sent: Saturday, November 27, 2010 10:12 AM To: Mills, Wayne Subject: Walmart Rezoning Categories: Other Dear Mr. Mills, I am not opposed to rezoning the property at 2705 E. Parley's Way to permit Walmart to open a store there per se. I, however, believe that the proposed rezoning favors Walmart over community interests. My concerns include: The ability to increase the building height and size, The ability to temporary warehouse stock outside of the building, and The inclusion of a deed restriction to prevent lease or sale to a competitor. I hope that you will work to assure that the community interests are more fully addressed in any rezoning. Sincerely, Armand H. 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Barry Walker SLC UT C.Hardy SLC UT C. Okafor Salt Lake City UT C.R. Ford SLC UT Caera Navales -Salt Lake City UT Calleen R McKnight SLC Ut Callin Cliff Losser Salt Lake City UT Cam C. Norrison SLC UT Cameron Green SLQ UT ,, Carrie Martin Salt Lake City UT Camille Johnston Salt Lake City UT Camille Schubert Salt Lake City UT Candace Allred SLC UT Candace Bons Salt Lake City UT Candace Hansen Salt Lake City UT Candace McLendon Slc UT Candelaria Angeles SLC UT Candice Gonzalez Salt Lake City UT Candice Jensen Salt Lake City UT Candice Padilla Salt Lake City UT Candy Morales SLC UT Carle Dean SLC. UT Carl Joklik SLC UT Carl McGavin SLC UT Carla Fost Salt Lake City UT Carla Lingwall SLC - UT Carla Pickett Salt Lake City UT Carleen Hansen Salt Lake City UT Carleen Wallace Salt Lake City UT Carlo Romero SLC UT Carlos SLC UT Carlos Aviles Salt Lake City UT Carlos Cervantez SLC UT Carlos Melendez Salt Lake City UT Carlos Najera Salt Lake City UT Carlos Olvera M Salt Lake City UT Carly Lowry Salt Lake City UT Carma Jager Salt Lake City UT Carmen Hernandez SLC UT Carol Salt Lake City UT Carol andrews Salt Lake City UT Carol Bloswick Salt Lake City UT Carol Brown Salt Lake City UT Carol Cliff Salt Lake City UT Carol Egan SLC UT Carol Harris SLC UT Carol Hooker Salt Lake City UT Carol Kalar Salt Lake City UT Carol Kramer SLC UT Carol Petersen Salt Lake City UT Carol Poulter Salt Lake City UT Carol Preslar Salt Lake City UT Carol Stromberg Salt Lake City UT Carol Sweet Salt Lake City UT Carol Tuieno Salt Lake City UT Carol Urcino Salt Lake City UT Carol Westenskow Salt Lake City UT Carole Elton Salt Lake City UT Carole Griffeth Salt Lake City UT Carole Williams Salt Lake City UT Carole Williams SLC UT Carolina Herrera Salt Lake City UT Caroline Cheaseman Salt Lake City UT Caroline Coats SLC UT Caroline Ellis SLC - UT Caroline Howard Salt Lake City UT Carolyn Fish SLC UT Carolyn Jackson Salt Lake City UT Carolyn Mollinet Salt Lake City UT Carolyn Perkins SLC • UT Carolyn Sorenson Salt Lake City UT Carrie Harvey Salt Lake City UT Carson Garfield SLC UT Casey Castagano SLC UT Casey Cripps Salt Lake City UT Casey Man SLC UT Cassandra Carrosco SLC Ut Cassandra Duran SLC UT Cassie Matthews Salt Lake City UT Cassie Olson SLC UT Cata Williams SLC UT Catalina Urcino Salt Lake City UT Catherine Fletcher SLC UT Catherine Hardy Salt Lake City UT Catherine Smith Salt Lake City UT Cathay Aiur Salt Lake City UT Cathrine Kuttler Salt Lake City UT Cathryn Whitaker Salt Lake City UT Cathy B Francis Salt Lake City UT .., Cathy Condas SLC UT Cathy Wheeler SLC UT Cecilia B.Brewton Salt Lake Cliy UT Cecilia Peasman SLC UT Cecilia Vazquez Salt Lake City UT Celestia Wilde SLC UT Celia Hanni SLC UT Celia McCready SLC Ut Celia Padilla Salt Lake City UT Celia Seamons Salt Lake City UT Celvin Crippon Salt Lake City UT Cesar Espinal Salt Lake UT Cesar Medina SLC UT CH Aries Foster Salt Lake City UT Chandra Thompson Salt Lake City UT Channing Freeman Salt Lake City UT Chantel Salazar Salt Lake City UT Chantelle Kendall Salt Lake City UT Charisse Nielson Salt Lake City UT Charitee Johnson Salt Lake City UT Charity Hewes Salt Lake City UT Charles Kone SLC Ut Charlene Chapman Salt Lake City UT Charles C. Larsen Salt Lake City UT Amok Charles McGaughey Salt Lake City UT Charles Spence Salt Lake City UT Charlie Benson Salt Lake City UT Charlie Edwards SLC • UT Charlotte Cundick Salt Lake City UT Charlotte Pratt Salt Lake City UT Chase Heltzel SLC UT Chaton Fife Salt Lake City UT Chau Nguyen SLC UT Chaz Weruli SLC UT Chelsea Grob SLC UT Chelsea Jones Salt Lake City UT Chelsea Krug SLC UT Chelsea Lorimer SLC UT Cherry S.Patterson Salt Lake City UT Cheryl Hogan SLC UT Cheryl Leiferman Salt Lake City UT Cheryl Young-Metos SLC UT Chicco Mayonamba Salt Lake City . UT Ching Tu Heveh SLC UT Choanta Mayfield Salt Lake City UT Chris Ballard Salt Lake City UT Chris Bedoniv SLC UT Chris Blantarl Salt Lake City UT Chris Bohen SLC UT Chris Christensen Salt Lake City UT Chris Corroon SLC UT Chris Doan Salt Lake City UT Chris Draper SLC UT Chris Eleez SLC UT Chris Govero Salt Lake City UT Chris Guerrero Salt Lake City UT Chris Halbasch Salt Lake City UT Chris Hunter Salt Lake City UT Chris Jackson SLC UT Chris Jackson Salt Lake City UT Chris Lewis Salt Lake City UT Chris Mousley Salt Lake City UT Chris Rios Salt Lake City UT Chris Waters SLC UT Chrisse Moore SLC UT Christal Tuuhetaufa Salt Lake City UT Christen Fajord SLC UT Christian Aguilar SLC UT Christian Armitage Salt Lake City UT Christian Crump SLC UT Christian Joseph DuuQuense Salt Lake City UT Christian Poole SLC • UT Christin Sprague SLC UT Christina Christensen Salt Lake City UT Christina Gates Salt Lake City UT Christina Griego Salt Lake City UT Christina King Salt Lake City UT Christina Leavitt Salt Lake City UT Christina Nuno SLC UT Christina Tuita Salt Lake City UT Christina Turvey SLC UT Christine Balderas Salt Lake City UT Christine Booth SLC UT Christine Paongo SLC UT Christine Trugillo Salt Lake City UT Christopher Christopher Salt Lake City UT Christopher Fleming SLC UT • Christopher Johnson SLC UT Christopher McHugh SLC UT Christopher Steeve SLC UT Christy Duran Salt Lake City UT Christy Jensen SLC UT Christy Loughton Salt Lake City UT Christy Schretzke SLC _ UT Chuck Mittelstadt SLC UT Chuly Trimlde Salt Lake City UT Ciera Sims SLC ' UT Cierra Maple SLC UT Cindy Bell SLC UT Cindy_Feinman - SLC_.. .UT Cindy L Torres Salt Lake City UT Cindy L. Woods SLC UT Cindy Larson SLC UT , Cindy Richardson SLC UT ,...,..- Cindy Rivas Salt Lake City UT Cindy Sanchez Salt Lake City UT Cindy Smith SLC UT Cindy Wardell Salt Lake City UT Cirila Curisinche Salt Lake City UT Claire Hogue SLC UT Clarence Aweh Salt Lake City UT Clark Edblad Salt Lake City UT Clark Robinson SLC UT Claudette Hendren Salt Lake City UT Claudia Dulol Salt Lake City UT Claudia Rodriguez SLC UT Claudia Rosana Sierra Salt Lake City UT Claudia Zafran SLC UT Clint Bergstrom SLC UT Clinton Andreason slc UT Clista Balusek Salt Lake City UT Cody Drake Salt Lake City UT Coleen Salinas Salt Lake City UT Coleen Wooten SLC UT Colette Brady Salt City UT Colette Singleton SLC UT Colleen Buchanan Salt Lake City UT Colleen Fitzgerald Salt Lake City UT ' ak Colleen Moore Salt Lake City UT n Colleen Sugarman SLC UT Cohen Buchanan Salt Lake City UT Collette Murdock Salt Lake City UT Colombo Vito Salt Lake UT Colt Smith SLC UT Conner Judd Salt Lake City UT Connie Drysdale SLC UT Connie Felt Salt Lake'City UT Connie J Adams SLC UT Connie Jean Larson Salt Lake City UT Connie Luna Salt Lake City UT Connie Vernon SLC UT Connor Southard SLC UT Conor Barry Salt Lake City UT Consuelo Garcia Salt Lake City UT Coral Gibbons Salt Lake City UT Cori Hintze SLC • UT Corinne Lemmon SLC UT Cortney Feragen Salt Lake City UT Cortney Hollands Salt Lake City UT Cortny Couwell Salt Lake City UT Cory Gardner Salt Lake City UT Cory Hailstone Sl C _-.-- UT Courtney Gillespie SLC UT Courtney Polifka Salt Lake City UT CR Nixon SLC UT Craig Coembs Salt Lake City UT Craig DeMordavid Salt Lake City UT Craig Reid SLC UT Criag Summerhayes SLC UT Cris Schwartz Salt Lake City UT Cristen Clawson Salt Lake City UT Cristiano Creminelli SLC UT Cristina Perez Salt Lake City UT Crystal Avila Salt Lake City UT Crystal Butterfield SLC UT Crystal Clark Salt Lake City UT Crystal Hutt Salt Lake City UT Crystal Murray Salt Lake City UT Crystal Neilsen SLC UT Crystal Recio Salt Lake City UT Cuauhtemoc Rodriguez Salt Lake City UT Curtis Lund SLC UT Curtis Ryan Salt Lake City UT Curtis Strond SLC UT Cuyler Beelstan SLC UT Cynthia E.O'Neill Salt Lake City UT Cynthia Gonzalez Salt Lake City UT Cynthia Walkenhorst SLC UT Cyrstal Ashton Salt Lake City UT D.Karl Salt Lake City UT D.Kennedy SLC UT D.Rothwell SLC UT D.Rowe SLC • UT " 0%, D.Schmidt SLC UT D.Weaver SLC UT D.Woolfork SLC . UT D.J.Munson SLC UT Dale C Priee Salt Lake City UT Dale Hortin SLC UT Dale Smith Salt Lake GAY UT Dale Whitaker SLC UT Dale Wilkinson Salt Lake City UT Dale Zabriaie Salt Lake City UT Dalhia Nasser Salt Lake City UT Dalin Vasquez SLC, UT Dalina Mendoza Salt Lake City UT Dallas Roper SLC ' UT Damaris Vargas Salt Lake City UT Damel Brady SLC UT Damien Chee Salt Lake City UT Dan Canas Salt Lake City UT Dan Debirk Salt Lake City UT Dan Flandro Salt Lake City UT -Dan Hazemeyer — Salt Lake City.. .-_._UT. Dan Jackson Salt Lake City UT Dan Leuven SLC UT Dan Nielson Salt Lake City UT mot,,. Dan Taylor SLC UT Dan Yocom Salt Lake City UT Dana Christine Hyatt SLC UT Dani Jackson SLC UT Dani Lyman Salt Lake City UT Daniel Elliston SLC UT Daniel Galvan Salt Lake City UT Daniel J.Maroney Salt Lake City UT Daniel Lollathin Salt Lake City UT Daniel Mantels Salt Lake City UT Daniel Munoz V. Salt Lake City UT Daniel Petersen V Salt Lake City UT Daniel Ralph SLC UT Daniel Revolorio Salt Lake City UT Daniel Satterfield SLC UT Daniel Silveira SLC Ut Daniel Sirai SLC UT Daniel Soelberg SLC . UT Daniel Watkins Salt Lake City UT Daniel Westerfield Sr. SLC UT Daniela Arteaga SLC - UT Daniela Roth SLC UT Danielle Cherd Salt Lake City UT Danielle Stewart SLC UT Danira Beltrano Salt Lake City UT Danna Gray Salt Lake City UT Danny Casper Salt Lake City UT Danny Kourianos Salt Lake City UT Darby Gates SLC UT Darby Thomas Salt Lake City UT Dareen Schiwall Salt Lake City UT Dareld A. Smith Salt Lake City UT Dareld A. Smith SLC UT Darin DiGirolame SLC Ut Darla Montgomery Salt Lake City UT Darlea Slack SLC UT Darlene Tamoua Salt Lake City UT Darrell Dixon slc Ut Darrell Shannon SLC UT Darrell Swenson Salt Lake City UT Darren Brinkley SLC UT Darrin Fizk Salt Lake City UT Darryl Gundry Salt Lake City UT Dave Boede SLC UT Dave Edwards Salt Lake City UT Dave Funolman Salt Lake City UT Dave Marian Salt Lake City UT Dave Ransopher SLC UT Dave Schoeffleu SLC UT Dave Smith SLC UT Dave Wewee SLC UT David Andrade SLC UT David Berryman Salt Lake City UT David Bradford Salt Lake City UT David Delgado Salt Lake City UT David Dieorbiz SLC UT David Eller Salt Lake City UT David Falck Salt Lake City UT David Fowers SLC UT David Hamer Salt Lake City UT David Hardy Salt Lake City UT David Heinrich Salt Lake City UT David Holland Salt Lake City UT David Holtz Salt Lake City UT David Horkett Salt Lake City UT David Lee SLC UT David Malmstrom . Salt Lake City UT David Martinez SLC UT David McKay Gundry Salt Lake City UT David Mong Salt Lake City UT David Nino Salt Lake City UT David Noriega SLC UT David Orton SLC UT David R. Ordonez Salt Lake City UT David Rogers SLC Ut David Ross SLC UT David Salazar and Maria Gonzal SLC UT David Shields Salt Lake City UT David Spencer SLC UT David Stauffer SLC UT David Thackeray Salt Lake City UT David Thompson SLC UT David Thomson SLC UT David Thumall Salt Lak? UT David Tilison SLC UT David Wade Salt Lake City UT Davis Salt Lake City UT Davis Hughes SIC UT Dawn Armstrong SIC UT Dawn Boardman SIC UT Dawn Larsen SLC UT Dawn Muir Salt Lake City UT Dayle Ellis SLC UT Dayle Scott SLC UT Dayna Winter-Nolte Salt Lake City UT Dean Baadsgaard SLC UT Dean Crandall SLC UT Dean Westerfield SLC UT Deanna Cornell Salt Lake City UT DeAnna Farr Salt Lake City UT Deanna Martin Salt Lake City UT Deanna S.Lynch SLC UT Amok DeAnna Toyn Salt Lake City UT 64400. Deanne Randall Salt Lake City UT Deaon Jarvies Salt Lake City UT Deb Snell Salt Lake City UT Debbie Anderson SLC UT Debbie Haudley Salt Lake City UT Debbie Herbert SLC UT Debbie Leaman SLC UT Debbie Rogers Salt Lake City UT Debbie Schraner SLC UT Debbie Shire Salt Lake City UT Debbie Sigman Salt Lake City UT Debbie VanBeuge Salt Lake City UT Debby Moore SLC UT Deborah DeCowsky Salt Lake City UT Deborah Shaw SLC UT Debra Cayias SLC UT Debra Ferree Salt Lake City UT Debra Jamison SLC UT Debra Miner SLC UT Debra Willardson Salt Lake City UT Dee Ann Cervantez SLC UT Dee Brewer SLC UT Dee Jost SLC UT AmRisk DeeDee Mortensen SLC Ut Dejana Magazin SLC UT Dellaron McCombe Salt Lake City UT Delmar Arnold SLC UT Delmar Urry SLC UT Delon Curtis Salt Lake City UT Delores Dominguez SLC • UT Delores Hutchison Salt Lake City UT DeNae Ramjoue SLC UT Denise Fairbourn SLC UT Denise Hongoker Salt Lake City UT Denise Mendoza Salt Lake City UT Denitsa Monera Salt Lake City UT Dennis A.Adkins Salt Lake City UT Dennis Johnson Salt Lake City UT Dennis Montoya SLC UT Dennis Thurson SLC • UT Dennis Tom SLC UT Dennis Torres Salt Lake City UT Derald Nielson Salt Lake City UT Derek Felix Yazzie SLC UT Derek Howlett SLC UT Dark Liljenquist SLC UT Derrik Brown Salt Lake City UT Darryl Reimer Salt Lake City UT Deseree Rivera Salt Lake City UT Desiree Johnson SLC UT Desmond Marshburn SLC UT Destinee Pendley SLC UT Destini Suazo Salt Lake City UT • Destiny Anderson SLC UT Devan Gardner SLC UT Devryey Anderson Salt Lake City UT Devin Pope Salt Lake City UT Devrey Hansen Salt Lake City UT Diana E SLC Ut Diana Gesse SLC UT Diana Lambos SLO UT Diana Martinez SLC UT Diane Hensley Salt Lake City UT Diane Howarth Salt Lake City UT Diane Kartewold SLC UT Diane Leaver SLC UT Diane Loveridge Salt Lake City UT Diane Lynch Salt Lake City UT Diane Petersen Salt Lake City UT Diane Waltman Salt Lake City UT Diane Wewee SLC UT Diann Hiltervarnd Salt Lake City UT Dianne Harward SLC UT Dianne L.Kloer Salt Lake City UT Dianne Sonzini Salt Lake City UT Dianne Sonzini SLC UT Salt Lake City Staker UT Dixie Burrows Salt Lake City UT Dixie Oyler Salt Lake City UT DJ Munson Salt Lake City UT DK Owens Salt Lake City UT DL Chance Salt Lake City UT Dodie Fraughton Salt Lake City UT Dolores Alden Salt Lake City UT Dolores Kimball Salt Lake City UT Dominic Mendoza Salt Lake City UT Don Salt Lake City UT Don A Lee SLC • UT Don Clift Salt Lake City UT Don Cole Salt Lake City UT Don Halterman Salt Lake City UT Don Halterman SLC UT Don Johnson Salt Lake City UT Don Layne SLC Ut Don Meunrath SLC Ut Don Nielsen •SLC UT Don Poulter SLC UT Don Reifsnider SLC UT Dona Jeff Salt Lake City UT Donald A Gaillard Salt Lake City UT Donald Heller SLC UT Donald Schmidt SLC UT otalibt Donela Vazquez Salt Lake City UT Noire Donna Ahalt Salt Lake City UT Donna Archuleta Salt Lake City UT Donna Barrett Salt Lake City UT Donna Bates Salt Lake City UT Donna Elliott Salt Lake City UT Donna Fiscner SLC UT Donna Heath Salt Lake City UT Donna Heath SLC UT Donna L Lewis Salt Lake City UT Donna LaFauci Salt Lake City UT Donna Langdon SLC UT Donna Milley SLC UT Donna Moore Salt Lake City UT Donna Stewart Salt Lake City UT Dora Cote Salt Lake City UT Dora L Parry SLC Ut Doree Draper Salt Lake City UT Doreen Uekerman SLC UT Doris Aoki Salt Lake City UT Doris Brennan Salt Lake City UT Doris Christiansen Salt Lake City UT Doris Schaefer SLC UT Dorothy Brown SLC UT AAlinioh, Dorothy Poultn SLC UT Dorothy T.Balkely SLC UT Dotty Jensen Salt Lake City UT Doug Hawthorn Salt Lake City UT Doug Ottosein SLC UT Dr.Sumit Bali Salt Lake City UT Drew Tack Salt Lake City UT Duane Francy . Salt Lake City UT Duane Hale Salt Lake City • UT Duane R. Hansen SLC UT Duncan Lee Salt Lake City UT Dustin McLurg Salt Lake City UT Dusty Reeve SLC UT Duy Beck Salt Lake City UT Dylan Pratt Salt Lake City UT Dylin Johnson SLC Ut E.W.Richardson SLC UT E.J.Gosse Salt Lake City UT E.J.Gosse SLC UT Eamilie R.Lefler Salt Lake City UT Earl Harmer SLC UT Ed Ashton SLC - UT Ed Fluxs Salt Lake City UT Ed Kleemeyer SLC UT Ed LaGuardia SLC • UT Ed Paitra Salt Lake City UT Ed Snyder Salt Lake City UT Ed Soli SLC Ut Eddie Hernandez SLC ' UT Eddie Skidmore Salt Lake City UT Eddy Mullen Salt Lake City UT Edie Morgan Salt Lake City UT Edith Rodriguez SLC UT Edmand C. Evans Salt Lake City UT Edna Romano Salt Lake City UT Edsil Maganare Salt Lake City UT Eduardo Fajardo SLC UT Edward F.Mullaney Salt Lake City UT Edward L Nielsen Salt Lake City UT Edward Mourd SLC Ut Edwards Salt Lake City UT Edwin Ferevski SLC UT Edy Horrall Salt Lake City UT EE Lan Mok SLC UT Efrain Bernabe SLC Ut Eilene Marchand Salt Lake City UT Elaine Boulter Salt Lake City UT Elaine Calder Salt Lake City UT Elaine Calder SLC UT Elaine Calder SLC UT Elaine Child SLC UT Elaine D Nielson Sait Lake City UT Elaine J. Orosz SLC UT Elaine Lee SLC UT 0.0,kt, Elaine Setzer Salt Lake City UT Elaine Smith Salt Lake City UT Elaine Taliaferro Salt Lake City UT Elaine Tharp Salt Lake • UT Elder Peiffer Salt Lake City UT Elder Rosario Salt Lake City UT Eldyn Hernandez Salt Lake UT Elena Clark Salt Lake City UT Elena Clark SLC UT Elia L.Diaz Salt Lake City UT Eliene Elliot Salt Lake City UT Elisa Tolman Salt Lake City UT Elise Airmet SLC UT Elisha Archuleta Salt Lake City UT Eliza Black Salt Lake City UT Eliza Cooper Salt Lake City UT Eliza Matagi Salt Lake City UT Elizabeth Anderson SLC . UT Elizabeth Flores Salt Lake City UT Elizabeth Guemain Salt Lake City UT Elizabeth Hackett Salt Lake City UT Elizabeth boa Salt Lake City UT Elizabeth Meza SLC UT Elizabeth Pratt SIC UT Elizabeth Rose SLC UT Allikt Elizabeth Wise Salt Lake City UT - - Elizabeth Zendejas SLC UT Ella N.Dotson Salt Lake City UT Ellen Maxfield SLC UT Ellie Brownstein SLC UT Ellinor Carter Salt Lake City UT Ellis Kay Farnsworth Salt Lake City UT Ellison McMillan SLC UT Elma Heath Salt Lake City UT Elsa Mary Salt Lake City UT Elsa Plazola Salt Lake City UT Elsa Vergara Encina SIC UT Elva Macias Salt Lake City UT Elva Mausia slc UT Elvina Vertuna Salt Lake City UT Elvis Salt Lake City UT Ernest Flynn SIC UT Emile Holfeltz Salt Lake City UT Emily knell SLC UT Emily Attwood Salt Lake City UT Emily Brown Salt Lake City UT Emily Carter SLC UT Emily Daines SLC UT Emily Evans SLC UT AmokEmily Kellis Salt Lake City UT Emily Little Salt Lake City UT Emily Partridge Salt Lake City UT Emily Ricks Salt Lake City UT Emily Waddoups Salt Lake City UT Emle Bowers Salt Lake City UT Emma Achin Salt Lake City UT Emma Carlson SLC UT Emmanuel Salinas SLC UT Enrique Cortes Salt Lake City UT Enrique Ochoa Salt Lake City UT Enrique Ochoa SLC UT Enrique Ochoa Jr. Salt Lake City UT Eric Reed SLC UT Eric Richardson SLC UT Eric Romero Salt Lake City UT Eric Safic Salt Lake City UT Eric Spidell Salt Lake City UT Erica Chavez SLC UT Erica Medina SLC UT Erica Munoz SLC UT Erica Wendel SLC UT Erik Dunmars Salt Lake City UT Erik Henderson SLC UT Erik Larsen Salt Lake City UT Erika Luna SLC UT Erin Carson SLC UT Erin Fox Salt Lake City UT Erin Hough SLC UT Erin Lowry SLC UT Erin Nielson SLC UT Erin Reynolds Salt Lake City UT Ernesto Cortez Ramirez SLC UT Ernesto Martinez Salt Lake City UT Ernie Sandoval Salt Lake City UT Erwin W Jolley SLC Ut Esmeralda Elizondo Salt Lake City UT Esmeralda Romero Salt Lake City UT Estefany Mayorga Salt Lake City UT Estela Hrenas SLC UT Esther Leatty SLC UT Esther Padilla Salt Lake City UT Ethan Wayman SLC UT Ethel Kasteler Salt Lake City UT Eva Heiner SLC UT Eva Leavitt Salt Lake City UT Eva Romano SLC UT Evan Bassett Salt Lake City UT Evan Hurst Salt Lake City UT Evany Pace SLC UT Eve James SLC Ut Eve Petajarn SLC UT Eve Steiner Salt Lake City UT Evelyn Buck Salt Lake City UT Evelyn DeBry Salt Lake City UT ,, ,t Evinda Adams Salt Lake City UT F. Michael Coleman SLC Ut F.Schmidt SLC UT Fabby Schmidt Salt Lake City UT Fabian Perez SLC Ut Faith S.Martinez Salt Lake City UT Falish Aragon Salt Lake City UT Farrel Wright SLC UT Farrell Stevens sic UT Fatima Bennett SLC UT Fatima Nawabi SLC UT Fatima Qerkini SLC UT Feburell Allen SLC UT Federico Garcia Salt Lake City UT Felipa Rodriguez SLC UT Felipe Garcia Salt Lake City UT Felissa DeLaMora SLC UT Felix L. SLC ' UT Fermin Moreno Salt Lake City UT Fernando Munoz SLC Ut Fernando Rivos Salt Lake City UT Fernando Sorroche SLC Ut Ferron Wilson Salt Lake City UT Fidel Ceja SLC • UT Fina Katia SLC - UT Fiona Halloran SLC • UT e, Fitzhugh D.Davis SLC UT FJ Milet Salt Lake City UT Fletcher Collins SLC UT Flo Kincaid SLC UT Flora Nguyen Salt Lake City UT Flora Praag Salt Lake City UT Floyd Smart Salt Lake City UT Flroa Bellamy Salt Lake City UT Fobricio Robellin Salt Lake City UT Fowsyr Farah Salt Lake City UT Fraceli Guadarrama SLC UT Frances Castamore Salt lake City UT Francesca Moore SLC UT Francisca C Rodriguez Salt Lake City UT Francisco Aguerre Salt Lake City UT Francisco Arcos Salt Lake City UT Francisco Avila Salt Lake City UT Francisco E, Roussel SLC UT Francisco Florez Salt Lake City UT Francisco Geardado SLC UT Francisco Lozano Salt Lake City UT Francisco Ponce Salt Lake City UT Frank Bryon SLC UT Frank Eric Walisky Salt Lake City . UT Frank H Contreras Salt Lake City UT Frank H.Thomas Salt Lake City UT Frank Hansen Salt Lake City UT Frank Karpotwitz Salt Lake City UT Frank Romano Salt Lake City UT Frank Snyder SLC UT Frank Strumgham SLC UT Frank Wetzel SLC UT Frawl Mackenzie SLC UT Fred Erickson Salt Lake City UT Fred Pacheco Salt Lake City UT Fred Wood SLC UT Freddy Sierra Salt Lake City UT Friap Burns SLC UT Frieda Sherar SLC UT G Russell SLC UT G.C. Long SLC UT G.M.Davis Salt Lake City UT Gabriel Duarte Salt Lake City UT Gabriel Hernandez Salt Lake City UT Gabriel Torres SLC UT Gabriel Urbina Salt Lake City UT Gabriela Contreras Salt Lake City UT Gabriela M.de Figueviedo Salt Lake City UT Gail Sown Salt Lake City UT Gail Groves SLC UT Gail Pruden SLC UT Garbriel Castaneda Salt Lake City UT Garen DeBow SLC UT Garrett Harding Salt Lake City UT Garrett Menke Salt Lake City UT Gary Brown Salt Lake City UT Gary Crittfield SLC UT Gary F Manderle SLC UT Gary Findlay Salt Lake City UT Gary Row Salt Lake City UT Gary Jackman Salt Lake City UT Gary Keller Salt Lake City UT Gary Miller Salt Lake City UT Gary Sagers Salt Lake City UT Gary Sells SLC UT Gary Zanelli Salt Lake City UT Gayane Hanckyan SLC Ut Gayle Burgoyne Salt Lake City UT Gayle Hughes Salt Lake City UT Gayle Lee SLC UT Gayle Ross SLC UT Gaylen S Young, Jr. SLC UT Gaylene Bauer Salt Lake City UT Gaylene Brown Salt Lake City UT Gaylene Brown SLC UT Gaylene Jones SLC UT Gene Burrows Salt Lake City UT 000.04, Genevieve Coleman Salt Lake City UT Genid C.Tobler Salt Lake City UT Geof Sawaya SLC UT Geoff McEntire SW UT Geoff tice SLC UT Georga Simmons Salt Lake City UT George A Childs SLC UT George Brown SLC UT George E.Pyper Salt Lake City UT George Elmer Salt Lake City UT George Fritz Salt Lake City UT George Harred Salt Lake City UT George K.Rost SLC UT George Nicholatus SLC UT George Pratt Salt Lake City UT George Schafner Salt Lake City UT George Trasper SLC UT Georgia Stevens Salt Lake City UT Gerald Adams Salt Lake City UT Gerald Benton Salt Lake City UT Gerald Schmidt Salt Lake City UT Gerald Stanley Salt Lake City UT Geraldine Mower Salt Lake City UT Geraldo McCoy Salt Lake City UT Gerard G.Campos Salt Lake City UT Aill Gerardo Arteaga Salt Lake • UT Gerardo Magana Jr SLC UT Gil Schaefer SLC UT Gilbert H.Buhold Salt Lake City UT Gilbert M.Arredondo Salt Lake City UT Gildarelo Santiago Salt Lake City UT Gina Blake SLC UT Gina Garcia Salt Lake City UT Gina Moody Salt Lake City UT Ginger Cochran Salt Lake City UT Ginger Hicks SLC UT Ginger L Mercer Salt Lake City UT Ginger Lessey Salt Lake City UT Giovanna Puppo Salt Lake City UT Glen C McKell Salt Lake City UT Glen Tampio Salt Lake City UT Glenda Fullmer Salt Lake City UT Glenda Stroud Salt Lake City UT Glenn White Salt Lake City UT Gloria Buccino Salt Lake City UT Gloria Erickson Salt Lake City UT Gloria Garwood Salt Lake City UT Gloria Kendall Salt Lake City UT Gloria Wacker • Salt Lake City UT Gloria Walker SLC UT Gloria Wise Salt Lake City UT Gnu Young Salt Lake City UT Gordan Pehrson Salt Lake City UT Gordon Dye Salt Lake City UT Gordon Epple Salt Lake City UT Gordon Epple SLC UT Gordon Johnson Salt Lake City UT Gordon Juang Salt Lake City UT Goutta Valadez SLC UT Grace Burby SLC UT Grace Mora SLC UT Grace Vasquez SIC UT Grant Janke SLC UT Grant Larson SLC UT Gray Shafer SLC UT Green Salt Lake City UT Greg Cayias SLC UT Greg Dehnert Salt Lake City UT Greg Kupfee SLC UT Greg Winget SLC UT Greta Alarcen Salt Lake City UT Griffin Fearonce@gmail.com Salt Lake City UT Guadalupe Agyukera Salt Lake City UT Guadalupe Barajas Salt Lake City UT Guadalupe Gomez Salt Lake City UT Guadalupe Ochoa Salt Lake City UT Guadalupe Ochoa SLC UT Gumaro Olmedo Salt Lake City UT Gwen Foster SLC UT Gwenda Eastman Salt Lake City UT G-Wu Clerk Salt Lake City UT H.D.Carter Salt Lake City UT Halley Hepworth SLC UT Halley Kincaid SLC UT Halley Marstella SLC UT Haley Alvarado SLC UT Haley Wall SLC UT Haller Champo Salt Lake City UT Hanah Ward SLC UT Haodpr Mustafii Salt Lake City UT Harold A.Brooks Salt Lake City UT Harold Brooks SLC UT Harold Weir SLC UT Harriet Lawrence Salt Lake City UT Harris M.Neidick SLC UT Harry Bia SLC UT Hasikizimana Bahati Salt Lake,City UT Haylee Mecham SLC UT Haze Cline SLC UT Heath Henningon Salt Lake City UT Heath Lamoreaux SLC UT Heather Billeter SLC UT Heather Carey Salt Lake City UT 400144,, Heather Curtis Salt Lake City UT Heather Erickson Salt Lake City UT Heather Hawks Salt Lake City UT Heather Hendrickson Salt Lake City UT Heather Hig SLC UT Heather Hooper Salt Lake City UT Heather Kelly Salt Lake City UT Heather Legler Salt Lake City UT Heather Nelson SLC UT Heather S.Palm SLC UT Heather Wenzel Salt Lake City UT Hector Villafane Salt Lake City UT Heidi Carter SLC UT Heidi Decker Salt Lake City UT Heidi Deifel SLC UT Heidi Dickman Salt Lake City UT Heidi Evans Salt Lake City UT Heidi Fassrnann SLC ut Heidi Gomez Salt Lake UT Heidi Heninger Salt Lake City UT Heidi Kramer Salt Lake City UT Heidi Mundy Salt Lake City UT Helen Bezzant Salt Lake City UT Helen Buzianis Salt Lake City UT Helen Carr Salt Lake City UT Aimik Helen Fraglion Salt Lake City UT ,__ Helen Hawks Salt Lake City UT Helen Mafua Salt Lake City UT helen Sieth SLC UT Helen Thornton SLC UT Helga Kemmethmueller SLC Ut Helio Quiroz Salt Lake City UT Helmut Mueller Salt Lake City UT Hem Baral SLC UT Henderson Fihe SLC UT Henry Eons Salt Lake City UT Herman Chare SLC UT Herminia Calawitt Salt Lake City UT Hershel Haygood Salt Lake City UT Hiber Omar SLC UT Hilda Briones SLC UT Hillary Espinosa Salt Lake City UT Hing Ann Tonga Salt Lake City UT Hob Calhoun Salt Lake City UT Holli Yoho SLC UT Hollie Lee Hammond SLC UT Holly Anderton Salt Lake City UT Holly Brown SLC UT Holly Foster Salt Lake City UT Holly Snow SLC UT Amok Hope Horton Salt Lake City UT Horaclo Gomez Salt Lake City UT Horst Holftein Salt Lake City UT Howard Jackman Salt Lake City UT Howard Lehman SLC UT Howard 0.Bradshaw SLC UT Howard Slavaghlin SLC Ut Huang Changxue Salt Lake City UT Hubert Dillion SLC UT Hubert Lee Salt Lake City UT Humayun Yasi SLC UT Hunter Frisby SLC Ut Hussein Munimmunin Salt Lake City UT Ibrahim Ali Salt Lake City UT Ida Bakk SLC UT Ignacia Fragoso Salt Lake City UT Igor Ermakov SLC UT Ila Clark Salt Lake City UT Ilene Ferris Salt Lake City UT Ilia Dennis Salt Lake City UT Ilisha Rebaza Salt Lake City UT Inge Hoj SLC UT Ingris Pedregz Salt Lake City UT Insun Lee SLC UT lobal Sicel Salt Lake City UT lone Stephenson SLC UT lqbal Sial Salt Lake City UT Ira Tannenbaum Salt Lake City UT lras Quinoz Salt Lake City UT Irene Schwemmer Salt Lake City UT Irma Esqurel Salt Lake City UT Irving B.Avila Salt Lake City UT Isaac Nicholas De Andrade Silva Salt Lake City UT Isabel Vargas SLC UT Isabella Alba SLC UT Isabelle Brodus SLC UT Isac Magens SLC UT Isalas Antonio Salt Lake City UT Isela Ibarra Salt Lake City UT Ismael Garcia SLC UT lsmenia Hernandez Salt Lake City UT Ita Tonga Salt Lake City UT Ivette Vickery SLC UT Ivona Zuna SLC Ut J Renee Suter Salt Lake City UT J. Chandler SLC UT J.Chavez Salt Lake City UT J.Hugo Hernandez SLC UT J.B. Richards Salt Lake City UT J.P. Giles Salt Lake City UT Jacci Jenson Salt Lake City UT Jack Collins Salt Lake City UT Jack M.Waters SLC UT Jack 011erton SLC UT ,, Jack R. Haywood SLC UT 40141 Jack Stahl SLC UT Jack White SLC UT Jackie Erickson SLC UT Jackie Hansen Salt Lake City UT Jackie Harovre Salt Lake City UT Jackie Tuttle Salt Lake City UT Jackilyn Salt Lake City UT Jacky Romero SLC UT Jacob A Jones Salt Lake City UT Jacob Beebe SLC UT Jacob Cordova Salt Lake City UT Jacob Johnson SLC UT Jacob King Salt Lake City UT Jacob Kirkham SLC UT Jacob Martinez Salt Lake City UT Jacqueline Uribe Salt Lake City UT Jacqueline Vea Salt Lake City UT Jade Vo Salt Lake City UT Jade Vo Salt Lake City UT Jaime Andrade Salt Lake City UT Jaime Barcenas SLC UT Jaime Becerra SLC UT Jaime Gutierrez Salt Lake City UT Jaime Thomas SLC UT AN, Jake Louder Salt Lake City UT Jake Palmer Salt Lake City UT Jake Wade SLC UT Jamal Anati Salt Lake City UT James Balluff SLC UT James Crouch SLC UT James E.Orvin Salt Lake City UT James Euwer Salt Lake City UT James Fountain Salt Lake City UT James Gardner Salt Lake City UT James Grass SLC UT James Herron Salt Lake City UT James Holeman Salt Lake City UT James Johansen Salt Lake City UT James Larson SLC UT James Mansfield SLC UT James Marchand Salt Lake City UT James McDonough SLC UT James Moss Salt Lake City UT James Orlanda Lucero Jr. SLC UT James Read Salt Lake City UT James Reynolds Salt Lake City UT James Ross Salt Lake City UT James Slaydon Salt Lake City UT ..004,„ James Stringham SLC UT James W.Gilbert Salt Lake City UT Jami Boggs Salt Lake City UT Jami Boggs SLC UT Jami Ojeda Salt Lake City UT Jami Taylor SLC UT Jamia Jacobson SLC UT Jamie Salt Lake City UT Jamie Clements SLC UT Jamie Dinsmore Salt Lake City UT Jamie Gelino SLC UT Jamie Jones SLC UT Jamie Morley SLC UT Jamie P.Watters Salt Lake City UT Jamie Wilson Salt Lake City UT Jan Bohen SLC UT Jan Collard Salt Lake City UT Jan Drielick Salt Lake City UT Jan Reninger SLC UT Jan Trussel SLC UT Jane Bulray Salt Lake City UT Jane Fielder Salt Lake City UT Jane Gilmore Salt Lake City UT Jane Gilmore SLC UT Jane Harding Salt Lake City UT Jane Holt Salt Lake City UT Jane Paine Salt Lake City UT Jane Winget Salt Lake City UT Janell Overturf Salt Lake City UT Janelle Christine Salt Lake City UT Janelle Monroy Salt Lake City UT Janelle Williams SLC UT Janene Cox Salt Lake City UT Janene Montano Salt Lake City UT Janet A Urry SLC UT Janet Flake Salt Lake City UT Janet Gillilan Salt Lake City UT Janet Hayes Salt Lake City UT Janet Janis SLC UT Janet L Moala Salt Lake City UT Janet Richardson SLC UT Janet Siler Salt Lake City UT Janette Boone SLC UT Janette Massman SLC UT Janette Savraya Salt Lake City UT Janice Carey Salt Lake City UT Janice E Lindsey SLC Ut Janice Ericksen Salt Lake City UT Janice Foley Salt Lake City UT Janice R Stevens Salt Lake City UT Janis Edna Servoss Salt Lake City UT Janna Staples SLC UT Jaqueline Nealon SLC Ut Jaral Tippetts SLC Ut Jaran Sweat Salt Lake City UT Jared Gummersall SLC UT Jared Martinez SLC UT jarred B.Franz SLC UT Jasmin Charles SLC UT Jasmine Bronson Salt Lake City UT Jason Anderson SLC UT Jason Frank SLC UT Jason Haakensveen SLC UT Jason Hammond SLC UT Jason Hill SLC UT Jason Lou Salt Lake City UT Jason Pierce SLC UT Jason Stettler Salt Lake City UT Jason Utley SLC UT Jason Ware Salt Lake City UT Jason Williams Salt Lake City UT Jason Yeiter Salt Lake City UT Jaun Gallegos Salt Lake UT Jaun Hernandez Salt Lake UT Javier D.Fajardo Salt Lake City UT Javier Grado Salt Lake City UT Javier Moling Salt Lake City UT Javier Rios Salt Lake City UT Javier Rodriguez SLC UT Ask Jawn Shaw SLC Ut ,. Jay Aldous Salt Lake City UT Jay Mckinney SLC UT Jay R.Fawsen Salt Lake City UT Jay R.Fawsen SLC UT Jay Russell Salt Lake City UT Jayme Fritzges Salt Lake City UT Jayne Barnett SLC UT Jazz Olsen SLC UT JE Lipps Salt Lake City UT Jean Barber Salt Lake City UT Jean Beveridge Salt Lake City UT Jean Bird SLC Ut Jean Bird Salt Lake City UT Jean Dastrup Salt Lake City UT Jean Gorringe Salt Lake City UT Jean Thompson Salt Lake City UT Jean Wilson SLC UT Jeana Holt Salt Lake UT Jeanette Esplin Salt Lake UT Jeanette Heard SLC UT Jeanette Walker Salt Lake City UT Jeanne Anderson SLC UT Jeanne C.Thorne SLC UT , Jeanne Childress Salt Lake City UT Jeanne Childress SLC UT Jeanne McDermain SLC UT Jeanne Sume Salt Lake City UT Jeanne Thompson SLC UT Jed Bartholomew SIC UT Jeff Bates SLC UT Jeff Day Salt Lake City UT Jeff Fisher Salt Lake City UT Jeff Hofmann Salt Lake City UT Jeff Hunter Salt Lake City UT Jeff Hunter SLC UT Jeff Johnson Salt Lake City UT Jeff Littlefield Salt Lake City UT Jeff Lyman Salt Lake City UT Jeff Slatter SLC UT Jeff Stratford SLC Ut Jeff Van Blarcom SLC UT Jeff White Salt Lake City UT Jeffrey Basker Salt Lake City UT Jeffrey Turner SLC Ut Jehn Petersen Salt Lake City UT Jei Cee Mendez Salt Lake City UT Jen Drake Salt Lake City UT Jen Kord Salt Lake City UT Jen Murphy SLC UT Jenette Somgren SLC UT Jenifer Flores Salt Lake City UT Jenn South SLC UT Jenna Davis Salt Lake City UT Jenna Janer Salt Lake City UT Jenni Ashley SLC UT Jenni Floyd Salt Lake City UT Jenni Saville Salt Lake City UT Jennie O'Shea Salt Lake City UT Jennifer Bustamante SLC UT Jennifer Clegg Salt Lake City UT Jennifer Cole Salt Lake City UT Jennifer Desrosiers SLC UT Jennifer Evenson SLC UT Jennifer Findlay SLC UT Jennifer Foote Salt Lake City UT Jennifer Greer SLC UT Jennifer Guevara-Chavez SLC UT Jennifer Haley SLC UT Jennifer Hinchman Salt Lake City UT Jennifer Hunter Salt Lake City UT Jennifer Klonizos SLC UT Jennifer Low Salt Lake City UT Jennifer Mauger SLC UT Jennifer Neeley SLC UT Jennifer Paris Salt Lake City UT Jennifer Pathak SLC UT ,. , Jennifer Penman SLC UT Jennifer rust SLC UT Jennifer Sellers Salt Lake City UT Jennifer Spencer Salt Lake City UT Jennifer Stevens SLC UT Jennifer Sweeney SLC UT Jenny Anderson Salt Lake City UT Jenny Cook SLC UT Jenny Ferez SLC UT Jenny Granz SLC UT Jenny Nelson SLC UT Jenny Robinson Salt Lake City UT Jeremiah Evans SLC UT Jeremy Perkins SLC UT Jeremy Riley Salt Lake City UT Jeremy Simmons SLC UT Jeremy Temples Salt Lake City UT Jeri L.Youngblood Salt Lake City UT Jerred Pierpont SLC UT Jerry Brewton Salt Lake City UT Jerry Magana SLC UT Jerry May Salt Lake City UT Jerry Shurtleff Salt Lake City UT Jervis K.Thomas SLC UT Jesse Garlick SLC UT Amok Jesse Green SLC UT vt Jesse Rivas SLC UT Jessi Barrett Salt Lake City UT Jessica Arellano Salt Lake City UT Jessica Bloswick Salt Lake City UT Jessica Castillo Salt Lake City UT Jessica Chan SLC • UT Jessica Curzon SLC UT Jessica Fernandez SLC UT Jessica Flake Salt Lake City UT Jessica Gabriel SLC UT Jessica Glenn SLC UT Jessica Gygi Salt Lake City UT Jessica Hansen Salt Lake City UT Jessica Henry Salt Lake City UT Jessica Omer Salt Lake City UT Jessica Pratt Salt Lake City UT Jessica Roberts SLC UT Jessica Rubach SLC UT Jessica Schmidt SLC UT Jessica Solis Salt Lake City UT Jessica Vega Salt Lake UT Jessie Casarez SLC UT Jessie Raynager Salt Lake City UT .4404, Jesus A. Moreno SLC UT Jesus Garcia SLC Ut Jesus Gonzalez Salt Lake City UT Jesus Salgado Salt Lake City UT Jhoanna Hernandez SLC UT Jila P Wiglama SLC Ut Jill Ball Salt Lake City UT Jill Billings SLC UT Jill Day Salt Lake City UT Jill erickson Salt Lake City UT Jill Gaillard Salt Lake City UT Jill Gibsin Salt Lake City UT Jill Halbasch Salt Lake City UT Jill Murdock Salt Lake City UT Jill Ostler SLC UT Jill Silvester SLC UT Jim Byrne Salt Lake City UT Jim Frazer SLC UT Jim Fuller Salt Lake City UT Jim Grow Salt Lake City UT Jim Hamlet Salt Lake City UT Jim Hasselfeld Salt Lake City UT Jim Hupkinson Salt Lake City UT Jim Kirkman SLC UT Jim Leaver SLC UT Jim McKee Salt Lake*City UT Jim Plumhos Salt Lake City UT Jim Trythall SLC UT Jimmie Boyd Salt Lake City UT Jimmy Cadman Salt Lake City UT Jing Gun SLC UT Jingin Kuong SLC UT Jo Badoni SLC UT Joan&Earl E Condie Salt Lake City UT Joan Brown Salt Lake City UT Joan P.Holt Salt Lake City UT Joan Parker Salt Lake City UT Joan Perkins Salt Lake City UT Joan Taylor Salt Lake City UT Joan Zoumadakis Salt Lake City UT JoAnn Andersen SLC UT JoAnn Forrest Salt Lake City UT Joann Gerteno Salt Lake City UT JoAnn Krause Salt Lake City UT Joann Lewis SLC UT Joanna Smith SLC UT Jodi Almansouri SLC ut Jodi Lence Norris Salt Lake City UT Joe Berger Salt Lake City UT Joe Devai SLC Ut Joe Freitas Salt Lake City UT Joe Ramos Salt Lake UT Joe Shope Salt Lake City UT , , Joe Williams Salt Lake City UT Joeel Morris SLC UT Joel Barron Salt Lake City UT Joel Searcy SLC UT John A.Avery SLC UT John A.Dahisrud Salt Lake City UT John Asson Salt Lake City UT John Bergelson SLC UT John Bischoff Salt Lake City UT John Brennan Salt Lake City UT John Briggs SLC UT John Burton Salt Lake City UT John Charles SLC UT John Deakin SLC UT John Drinkard Salt Lake City UT John Dyen SLC Ut John Ellis SLC UT John Hansen Salt Lake City UT John higgins SLC Ut John Hinckley Salt Lake City UT John Holbrook slc UT John Kuerner SLC UT John L Tummant Salt Lake City UT John M,Farrell Salt Lake City UT John M.Halsey SLC UT Amok John Meyer Salt Lake City UT ,.. John Moser SLC UT John Murphy SLC UT John Oebkir Salt Lake City UT John P. Mckay SLC UT John Pruitt SLC UT John Sergeant Salt Lake City UT John Straley Salt Lake City UT John T. Dunlop SLC UT John Turrels Salt Lake City UT John West sic Ut John Whitaker SLC Ut John Williams Salt Lake City UT johnathan Fox SLC Ut Johnathaon R. Cox SLC UT Jolene Jorgensen Salt Lake City UT Jolynn Peters Salt Lake City UT Jolynne Toone Salt Lake City UT Jon Bear Salt Lake City UT Jon Buxton SLC UT Jon Drake SLC UT Jon Fait SLC UT Jon Lang SLC UT Jon Merrill Salt Lake City UT Or* Jon Slater Salt Lake City UT Jon Slater SLC UT Jon Timothy(Time)Rice Salt Lake City UT Jonana Portillo Salt Lake City UT Jonathan Rapalo SLC UT Joni Orphanakis Salt Lake City UT Jonie Davies SLC UT Jonna Kellen-Hall SLC UT Jordan Dez SLC UT Jordan Quest Salt Lake City UT Jordana Salt Lake City UT Jordyn Payne SLC UT Joree Felker Salt Lake UT Jorge Casillas SLC UT Jorge Lopez Salt Lake City UT Jorge Pacheco SLC UT Jorge Solis SLC UT Jose A.Aurla SLC UT Jose Acuna Salt Lake City UT Jose Alfredo Salt Lake City UT Jose Angel Cruz Salt Lake City UT Jose C.A.H. Salt Lake City UT Jose Cardenas Salt Lake City UT Jose Cordero Salt Lake City UT Jose Estrada Salt Lake City UT Jose Flores Salt Lake City UT Jose Hernandez Salt Lake City UT Jose L.Salgado Salt Lake City UT Jose Ledesma SLC UT Jose Leon SLC UT Jose Luis Correa Salt Lake City UT Jose Mateos Salt Lake City UT Jose Navarro SLC UT Jose Rios SLC UT Jose Robles SLC UT Jose Tapia SLC UT Josefina Flores Salt Lake City UT Joseph A.Rodriguez SLC UT Joseph Alfandre SLC UT Joseph Brown Salt Lake City UT Joseph Hicks SLC UT Joseph Leventhal Salt Lake City UT Joseph Lisi SLC UT Joseph Milner SLC Ut Joseph Papenfuss Salt Lake City UT Joseph Russell Salt Lake City UT Joseph Todd SLC UT Joseph W.Sanders Salt Lake City UT Joseph Wheeler Salt Lake City UT Josh Brown SLC UT Josh Tuckness Salt Lake City UT Josh White SLC UT Joshua Bake-Cooper Salt Lake City UT Joshua Memea Salt Lake City UT „ ,, Joshua Steinberg SIC UT Joshua Thompson Salt Lake City UT Josiah Brown Salt Lake City UT Josiane Ingabire Mutabaruko Salt Lake City UT Josie Arellano Salt Lake City UT Josie Mora Salt Lake City UT joslyn Becker SLC ut Jovita T. Colovich SLC UT Joy Heck SLC UT Joy Maxwell SLC UT Joy Woolf Salt Lake City UT Joyce Avery SLC UT Joyce Budgewater Salt Lake City UT Joyce J.Miller Salt Lake City UT Joyce Siu Salt Lake City UT Joyce Taylor Salt Lake city UT JR Thorned: SLC UT Juan Alfaro SLC UT Juan C.Mendoza SLC UT Juan Carlos Luna Salt Lake City UT Juan Carlos Macedo Salt Lake City UT Juan Cendejas Salt Lake City UT Juan Escalene SLC UT Juan F Guardado SLC UT Juan Fuentes Salt Lake City UT Amok Juan Guerrero Parra SLC UT Juan L.Munoz Salt Lake City UT Juan Pablo Chavez SLC Ut Juan Robles S SLC UT Juan Wu SLC UT Juana Angelica Guzman Caballero Salt Lake City UT Juana Diaz SLC UT Judd Ferguson Salt Lake City UT Judith Ablad SLC UT Judith Ann Wolcott Salt Lake City UT Judith I Zachary SLC UT Judy Ballingsby SLC Ut Judy Brockmeier Salt Lake City UT Judy Deering Salt Lake City UT Judy Evans-Fuller SLC UT Judy Gee SLC UT Judy Gibson Salt Lake City UT Judy Johnson Salt Lake City UT Judy Johnson SLC UT Judy Odekirk Salt Lake City UT Judy Sorenson SLC Ut Judy Stoker SLC UT Julia Cook Salt Lake City UT Julia D. Gaysunas SLC UT Amok Julia Lopez sic UT ,..„,,. Julia McDougal SLC UT Julia Moffitt Salt Lake City UT Julia Ruiz Salt Lake City UT Juliana Villa SLC Ut Juliann Law SLC UT Julianne Clark Salt Lake City UT Julie Cooley SLC UT Julie Delong Salt Lake City UT Julie Derbridge Salt Lake City UT Julie Dominguez Salt Lake City UT Julie Easton Salt Lake City UT Julie Jackson Salt Lake City UT Julie Lake SLC UT Julie Lim SLC UT Julie Olsen Salt Lake City UT Julie Olson SLC UT Julie Padilla SLC UT Julie Quiroz SLC UT Julie Richards Salt Lake City UT Julie Roque Salt Lake City UT Julie Seal Salt Lake City UT Julie Totland Salt Lake City UT Julie Waters SLC UT Julio Cervin SLC UT June Feustrom Salt Lake City UT June Nielsen Salt Lake City UT June Petrie SLC UT Justin Bryant Salt Lake City UT Justin Hicken SLC UT Justin K. Brodie • SLC UT Justin L Madsen Salt Lake City UT Justin Staub Salt Lake City UT Justin Staub SLC UT Justine Christensen Salt Lake UT Juventino Lopez Martin Salt Lake City UT K. Garcia SLC Ut K.J. Huckleberry SLC UT Kaarih Nisbet SLC UT Kade Curtis Salt Lake City UT Kadie Egbert Salt Lake City UT Kailah Dudley SLC UT Kalee Hadlock SLC UT Kali Vance SLC Ut Kalleen Wright Salt Lake City UT Kalo Saluni Salt Lake City UT Kalyana Cnirnmagadda SLC UT Kam Chaichana SLC UT Kami Merrill Salt Lake City UT Kammy Ellis Salt Lake City UT Kammy Ellis SLC UT Kara Clayton Salt Lake City UT Kara Wattleworth SLC UT Karalea McElhinny SLC UT . . Karalyn Marzo Salt Lake City UT Karam Xiras SLC UT Karen Akerlow SLC UT Karen Bindewald Salt Lake City UT Karen Birth Salt Lake City UT Karen Bitner Salt Lake City UT Karen Carter Salt Lake City UT Karen Clark Salt Lake City UT Karen Clemente SLC UT Karen Coats SLC UT Karen J Hansen SLC UT Karen Maxwell SLC UT Karen Maxwell Salt Lake City UT Karen Rasmussen Salt Lake City UT Karen Redmon SLC UT Karen Smith Salt Lake City UT Karen Stensend SLC UT Karen Taylor Salt Lake City UT Karen Wood SLC UT Kari Ebeling SLC UT Kari Latteier SLC UT Kari Page SLC UT Kari Wright SLC UT Karilynn Millano SLC UT Karina Cabezas Salt Lake City UT Amok Karina Rojas SLC UT Karl Schirmacher Salt Lake.City UT Karla Bradshaw Salt Lake City UT Karla Canizarez Salt Lake City UT Karla Nieto SLC UT Karlan Lambo Salt Lake City UT Karlee Lemon SLC UT Karly Pippitt Salt Lake City UT Karolyn Avery Salt Lake City UT Karla Nelson Salt Lake City UT Kary Ferguson Salt Lake City UT Karylyn Y.Delucia Salt Lake City UT Kasie Willardson Salt Lake City UT Katalina Gasu SLC UT Kate Ayer Salt Lake City UT Kate Keyes SLC UT Kate larsen SLC UT Katharine Dalton SLC UT Katherine Brown SLC UT Katherine Guevara Salt Lake City UT Katherine Lipsey Salt Lake City UT Katherine Moreno SLC UT Katherine Tviono Salt Lake City UT Katherine Wallin Salt Lake City UT ANN Kathleen Ernsten SLC UT .:k,., Kathleen Ernstsen Salt Lake City UT Kathleen H. Morris SIC UT Kathleen Johnson Salt Lake City UT Kathleen Stoff SLC UT Kathleen Tuckey Salt Lake City UT Kathlyn Holm SLC UT Kathryn Collings SLC UT Kathryn Kimball Salt Lake City UT Kathryne Pyper SLC UT Kathy Allen SLC Ut Kathy Flitton Salt Lake City UT Kathy Gardner Salt Lake City UT Kathy Grant Salt Lake City UT Kathy Jensen SLC UT Kathy Leal Salt Lake City UT Kathy Lillie Willden Salt Lake City UT Kathy Metcalf SLC UT Kathy Miyeda Salt Lake City UT Kathy Sandoval SLC UT Kathy Schow Salt Lake City UT Kathy Schow SLC UT Kathy V. Flodgman SLC UT Katie Bates Salt Lake City UT Katie Finlinson Salt Lake City UT Katie McLaughlin-To tton SLC UT Katie McLean SLC UT Katie Turnbull SLC UT Katie Tyser SLC UT Katie Wright SLC UT Katrina Stratford SLC ut Katy Ginther Salt Lake City UT Katy Prottengeier SLC UT Kavri Jenson Salt Lake City UT Kay E Blackner SLC UT Kay Lewis Salt Lake City UT Kay Thomas Salt Lake City UT Kay V Memmott Salt Lake City UT Kayce Curtis Goodro Salt Lake City UT Kaye Ford SLC UT Kayla Saganitso Salt Lake City UT Kayli Rogers SLC UT Kaylynn Balluff SLC UT • Kaylynn Salluff Salt Lake City UT Kedvim Nwigbara SLC UT Keena Evans SLC UT Keidy Herdandez SLC UT Keira young SLC Ut Keith Cooper SLC UT Keith Junior Salt Lake City UT Keith Welch SLC UT Keithley Whitehat Salt Lake City UT Kelli Fannin Salt Lake City UT ,, Kelly Adelman Salt Lake City UT Kelly Evans Salt Lake City UT Kelly John SLC UT Kelly Knudsen Salt Lake City UT Kelly Moran Salt Lake City UT Kelly Tate SLC UT Kelsey Englert Salt Lake City UT Kelsey McEwan Salt Lake City UT Kelsie Porter SLC UT Ken &John Everett SLC UT Ken Crellin Salt Lake City UT Ken Gibson Salt Lake City UT Ken Hauritz Salt Lake City UT Ken Mickelson Salt Lake City UT Kendra Miraj SLC _ UT Kendra Vore SLC UT Kenneth Bullock Salt Lake City UT Kenneth Thomas SLC UT Kenneth V McKibben SLC UT Kenny Johnson Salt Lake City UT Kent Anderson Salt Lake City UT Kent Berg Salt Lake City UT Kent Johnsen-Fox Salt Lake City UT Kent Poulson Salt Lake City UT Kent Weigle SLC UT Amh Kerrie Goodell SLC UT ,„p ` Kerry Hammond Salt Lake City UT Kevin Bushead Salt Lake City UT Kevin Davis SLC UT Kevin Dieter Salt Lake City UT Kevin Frankis SLC UT Kevin Haskell Salt Lake City UT Kevin Hinckley SLC UT Kevin Jackson SLC UT Kevin Johnson SLC Ut Kevin Keller Salt Lake City UT Kevin Kilgore SLC UT Kevin Martines SLC UT Kevin Oshea SLC ' Ut Kevin Packer Salt Lake City UT Kevin Page Salt Lake City UT Kevin R Ware Salt Lake City UT Kevin Stockseth Salt Lake City UT Kevin Wilsey Salt Lake City UT Kevin Young Salt Lake City UT Kiarha Velazquez Salt Lake City UT Kieiver Velazquez Zyuaha Salt Lake City UT Kim Bair SLC UT Kim Devey ,Salt Lake City UT 0000., Kim Griffeth Salt Lake City UT Kim Hall Salt Lake City UT Kim McDaniel SLC UT Kim Slease Salt Lake City UT Kim Walker Salt Lake City UT Kim Werner Salt Lake City UT Kim Winterton Salt Lake City UT Kimber Lee Briggs Salt Lake City UT Kimberley Soenson Salt Lake City UT Kimberly Hill SLC UT Kimberly Kaelin Salt Lake City UT Kimberly Kaelin SLC UT Kimberly Kent SLC UT Kimberly Martins Salt Lake City UT Kimberly Pearson SLC UT Kimberly Samano SLC UT Kimberly Sundwall SLC UT Kimberly Wilkinson SLC UT Kimm Harty SLC UT Kirk Chester SLC UT Kirk Glang Salt Lake City UT Kirk P.Mittelstad SLC UT Kirsten Bentley Salt Lake City UT Kitolano Kiponda Salt Lake City UT KJ Huckleberry Salt Lake City UT Klaus Jaenisch s!c Ut Kodiak John SLC UT Koorosh Jalali SLC UT Kris Barta Salt Lake City UT Kris Miska Salt Lake City UT Kris Sandoval Salt Lake City UT Kris Shipp SLC UT Kristen Lawrence Salt Lake City UT Kristen Lew SLC UT Kristen Peko SLC UT Kristin Bower SLC UT Kristina Naag Velagapudi Salt Lake City UT Kristine Johnson Salt Lake City UT Kristine Nelson Salt Lake City UT Kristine Shupe SLC UT Kurt Schultz Salt Lake City UT Kyle Begaye SLC UT Kyle Meadows Salt Lake City UT Kylynn Parker SLC UT Kym Felicko Salt Lake City UT Kyra Sysak SLC UT L Perrin Lindsey SLC Ut L.Y.Pehrsoon Salt Lake City UT Lacey Skipps Salt Lake City UT Lacy Echeverria Salt Lake City UT Lacy Egbert Salt Lake City UT Lacy King SLC UT Ladene Defond Salt Lake City UT Laila Abdul-Alil SLC UT ,4,,,,, Lajae Dixon Salt Lake City UT Lakresha Banhs Salt Lake City UT Lam McIntosh Salt Lake City UT Lamar Gatherum Salt Lake City UT LaMarr Hutchison Salt Lake City UT Lance Nieldbrog SLC UT Landon Clark SLC UT Lane Kimball SLC UT Lane Lindstrom SLC UT Lanelle Potter Salt Lake UT Lanette Dunbar SLC ut Langilangi Takai Salt Lake UT Lani Latu SLC ut Lara Clayson SLC UT Laraib Sial Salt Lake City UT LaRayne Stuber Salt Lake City UT Laren Mortensen SLC UT. Larry Balsmeier Salt Lake City UT Larry Ferolie Salt Lake City UT Larry Fuller Salt Lake City UT Larry Groves SLC UT Larry Murray SLC UT Larry Nisbet SLC UT Larry Richy Salt Lake City UT Latn Ajber SLC UT ^""" , Laura A Contreras Salt Lake City UT Laura Baumdfart SLC UT Laura Falk Salt Lake City UT Laura Henninger Salt Lake City UT Laura Johansen Salt Lake City UT Laura Johnsen Salt Lake City UT Laura Johnson SLC UT • Laura Lee Falk SLC UT Laura Manycattle SLC UT Laura Miller SLC UT Laura Ong SLC UT Laura Sauramoni Salt Lake City UT Laura Wanger Salt Lake City UT Laurel Hacker SLC UT Lauren Rudd Salt Lake City UT Laurie Bird SLC Ut Laurie Bradley Salt Lake City UT Laurie Forsberg SLC UT Laurie Herrscher SLC UT Laurie L.Healey Salt Lake City UT Laurie Oberg Salt Lake City UT Laurie Peterson Salt Lake City UT Laury Rosvall Salt Lake City UT Laury Tavey Salt Lake City UT ,,,, Lawrence S.Furse Salt Lake City UT Layne Hermansen Salt Lake City UT Layne T.Perkins SLC UT Leah Heath Salt Lake City UT Leah Lujan SLC UT Leah Reeves SLC UT Leah Stroud SLC UT Leana Thomas Salt Lake City UT Lee Howard SLC UT Leemi Lozano SLC Ut Leilani Petersen Salt Lake City UT Lela Kovalenko SLC UT Lenka Konopasek SLC UT Leo Quiroz Salt Lake City UT Leo Shivers SLC UT Leo Soares SLC UT Leo Van Romein SLC UT Leon Hunt SLC UT Leona Lujan SLC UT Leonard L. Clemente SLC UT Leonardo Borrego Salt Lake City UT Les Boss Salt Lake City UT Lesli Manta SLC UT Leslie Clark Salt Lake City UT Leslie Manstella Salt Lake City UT Leslie Mingo SLC UT Leslie Shirts Salt Lake City UT Leslie Vollanci Salt Lake City UT Leslie Zacher SLC UT Lester Mason Salt Lake City UT Leticia Ponce C Salt Lake City UT Letty Kamrouski SLC UT Levi Asper SLC UT Lewis Barton Salt Lake City UT Lexi Almberg SLC UT Lexie Beyda Salt Lake City UT Lila Edwards Salt Lake City UT Lila Galvan Salt Lake UT Lilia Rivas SLC Ut Liliana Keyes SLC Ut Liliana Larsen SLC UT Lilly Christensen Salt Lake City UT Lily Yang Salt Lake City UT Linda Adams Salt Lake City UT Linda Berry SLC UT Linda Chance SLC UT Linda Coleman SLC UT Linda Davis SLC UT Linda E.Keslee SLC UT Linda Hardy SLC UT Linda Korae SLC UT Linda L Jeffers SLC UT Linda Lloyd SLC UT Linda Luna slc UT Linda Owen Salt Lake City UT Linda Peterson Salt Lake City UT Linda Rowe SLC UT Linda Sanders Salt Lake City UT Linda Thorpe Salt Lake City UT Linda Ward Salt Lake City UT Lindi Inman Salt Lake City UT Lindsay Caldwell SLC UT Lindsay Davis SLC UT Lindsay McConkle SLC UT Lindsay Mounteer Salt Lake City UT Lindsay Nicholas SLC UT Lindsey Ferrari Salt Lake City UT Lindsey Wheeler Salt Lake City UT Lionel Santana Salt Lake City UT Lisa Aa SLC UT Lisa Chan SLC UT Lisa Degraff SLC UT Lisa Escobar Salt Lake City UT Lisa Foster Salt Lake City UT Lisa Furner SLC UT Lisa Hiller Salt Lake UT Lisa Kaloczi SLC UT Lisa Mirelez Salt Lake City UT A010160, Lisa Pleth SLC UT , Lisa Soffe Salt Lake City UT Lisa Swape SLC UT Lisa Thomson Salt Lake City UT Lisa Trythall SLC UT Lisa Wilson Salt Lake City UT Litea Afu Salt Lake City UT Liz Adkins SLC UT Liz Bell SLC UT Liz Dutton Salt Lake City UT Liz Fehrmann Salt Lake City UT Liz Freeman Salt Lake City UT Liz Goff Salt Lake City UT Liz Kruman SLC UT Liz Montoya SLC UT Liz Pulu Salt Lake City UT Liz Wright Salt Lake City UT Lizzi Swenson Salt Lake City UT Lloyd Ramey II SLC UT Lloyd Strayer SLC UT Logan Crist SLC UT Logan Whitmaore SLC Ut Lois Glover Salt Lake City UT Lois Reid SLC UT Lola Stopper Salt Lake City UT Amoik Lon Bunher Salt Lake City UT Long Truong Salt Lake City UT Loni Lefaosey SLC UT Lonni Mason Salt Lake City UT Lora Guzman SLC UT Loren Hulse Salt Lake City UT Lorena Alonso SLC UT Lorena Gonzales SLC Ut Lorena Munoz Salt Lake City UT Lorena S Guzman Salt Lake City UT Loren' Folau SLC Ut Lori SLC UT Lori Campbell Salt Lake City UT Lori Johnson SLC UT Lorill Solomon Salt Lake City UT Lorna Wilson Salt Lake City UT Lorrie Sorenson Salt Lake City UT Lorrin P.Colby,Jr. Salt Lake City UT Lotovale Lagitao Salt Lake City UT Lou Arnold Salt Lake City UT Lou Downing SLC UT Lou Hall Salt Lake City UT Lou Otte Salt Lake City UT Louis Homer SLC UT Louisa M.Salisbury SLC UT Louise Casey Salt Lake UT Louise Giles SLC Ut Louise Maass Salt Lake City UT Luana Hofeling Salt Lake City UT Luane Schmidt Salt Lake City UT Lucero Colin SLC UT Lucia Rubio SLC UT Lucille Decoster SLC UT Lucille Skanehy Salt Lake City UT Lucinda Hyde Salt Lake City UT Lucy Bodily Salt Lake City UT Lucy Christensen SLC UT Lucy Simmons Salt Lake City UT Luen Lim Salt Lake City UT Lui Lidtka SLC UT Luis De La Paz Salt Lake City UT Luiz Lopez Salt Lake UT Luke Pfeil Salt Lake City UT LuNell Bullock SLC UT Luz Alcaraz SIC UT Luz Mario Castro Salt Lake City UT Luz Pineda Salt Lake City UT Lyndon B. Foster SLC UT Lynn A Merrill SLC UT Lynn Burke SLC Ut Lynn Curt Salt Lake City UT Lynn Lipsey Salt Lake City UT Lynn Shafer SLC UT ,.o,. Lynne Baxter SLC UT Lynne Hall SLC UT M Cannon SLC UT M Kay Robison SLC Ut M.Cox Salt Lake City UT M. Hawkins SLC UT M.L.Robinson SLC UT M. Stutsman SLC UT M.C.Carofanello Salt Lake City UT M.C.Carofanello SLC UT M.K.Muir Salt Lake City UT Maata Makaya SLC UT Maddie Keyes SLC UT Madeline O'Dir Salt Lake City UT Madelyn Herr Salt Lake City UT Mae Barela Salt Lake City UT Maeta Navajo Salt Lake City UT Magdelina Aiaker Salt Lake City UT Mahina Foley Salt Lake City UT Mai Isabel Silva SLC UT Maia Ermakova SLC UT Maile Evans Salt Lake City UT Mairiam Anderson Salt Lake City UT Makia Nunes Salt Lake City UT Malaykhone Kiphibane Salt Lake City UT Ask Malin Foster SLC UT• F, Mallory Colby SLC UT Mallory Herrscher SLC UT Manar Ahmad Salt Lake City UT Mandy Callahan SLC UT Mandy Lin Salt Lake City UT Mangkone Kiphilane Salt Lake City UT Manuel Melendez Salt Lake City ut Mapu Ofa Salt Lake City UT Mara Dykstra SLC UT Marc Hansen SLC UT Marcella Lyman Salt Lake City UT Marcelo Marquez Salt Lake City UT Marci Hall SLC UT Marcia Malloy Salt Lake City UT Marco Alambert Salt Lake City UT Marco Arvizu Salt Lake City UT Marco Rianelly Salt Lake City UT Marcus D. Ross Salt Lake City UT Marcus Fonua Salt Lake City UT Marcus Langston SLC UT Marcy Young SLC UT Maren Hansen SLC UT Margaret Chapman SLC UT Margaret Holje SLC UT Margaret Olives SLC UT Margaret Sanders SLC UT Margaret Sartor SLC UT Margaret Schaefer SLC UT Margaret Sapp SLC UT Margaret Turley SLC UT Margarita Guardado SLC UT Margauret Sanders Salt Lake City UT Margene Petersen SLC UT Margo Nielsen SLC • _ UT Margo Stevens Salt Lake City UT Mari Granado SLC UT Maria Andrade SLC UT Maria Armas SLC UT Maria Arvizu Salt Lake City UT Maria Aurla SLC UT Maria Bahena Salt Lake City UT Maria Barabara Cabrera Salt Lake City UT Maria Brown Salt Lake City UT Maria Catalina Cancino Salt Lake City UT Maria Cirilo SLC UT Maria Duarte Salt Lake City UT Maria Enniss SLC Ut Maria Garcia Jaguez Salt Lake City UT Maria Gutierrez SLC UT Maria Irvin Salt Lake City UT Maria Isaurg Salt Lake City UT Maria Lopez Salt Lake City UT Maria Orozco Salt Lake City UT Maria Padilla SLC UT Maria Reyes Slc UT Maria Rodriguez SLC UT Maria Roja Gomez Salt Lake City UT Maria Serrato SLC UT Maria Vidales Slc UT Mariah Card SLC UT Mariah Dynette Hunter Salt Lake City UT Marian Emmett SLC UT Marian Millet Salt Lake City UT Maribel Rodriguez Salt Lake City UT Maricela A. Carbajal Salt Lake City UT Maricela Castillo SLC UT Marie Easter Salt Lake City UT Marie Laurie SLC UT Marie Martial Salt Lake City UT Marie Warner SLC UT Marillyn Christensen Salt Lake City UT Marilyn Alkhafasi Salt Lake City UT Marilyn Bateman Salt Lake City UT Marilyn Copeland SLC UT Marilyn heiner SLC UT Marilyn Morris Salt Lake City UT Marilyn Todd Salt Lake City UT Marilyn Woodger SLC UT Marin Bywater Salt Lake City UT Marina Espinosa SLC • Ut Marina Ribo SLC UT Marine Gunn SLC UT Mario Antonio Lopez Lopez Salt Lake City UT Mario Fansca Salt Lake City UT Mario Hernandez Salt Lake City UT Mario L.Flores Salt Lake City UT Mario Rivera SLC UT Mario Sanchez Salt Lake City UT Mario Varela SLC UT Marion Cook Salt Lake City UT Marion DiRedo SLC UT Marion Klaus SLC UT Marissa Magana SLC UT Maritea Vazquez Salt Lake City UT Marjorie Carmen SLC Ut Marjorie Newren SLC UT Marjorie Regenscheit Salt Lake City UT Mark Balnter Salt Lake City UT Mark Gardner SLC Ut Mark Hazel SLC UT Mark Johnson Salt Lake City UT Mark Linford Salt Lake City UT Auk Mark Lowry Salt Lake City UT . -, Mark Myres SLC UT Mark Thomas Salt Lake City UT Markus Frampton SLC Ut Marlene Angilau SLC UT Marlene Baker SLC UT Marlene Hardy Salt Lake City UT Marlene Pruess SLC UT Marlene Stephens Salt Lake City UT Marni Chandler SLC UT Marrilio Mendoza SLC UT - Marsha Barton Salt Lake City UT Marsha Bentley Salt Lake City UT Marsha Lamson SLC UT Marsha Pollock SLC UT Marsha Reinier Salt Lake City UT Martha Arias SLC UT Martha B SLC UT Martha Barton SLC UT Martha Carter SLC UT Martha D.Marsden Salt Lake City UT Martha Fetzer SLC UT Martha Green, SLC UT Martha Rodriguez SLC UT Martha Trujillo Salt Lake City UT Martha Trujillo SLC UT Martha Zavala Salt Lake City UT Martin Glaubitz SLC UT Marty Burns SLC Ut Mary Hammoud SLC UT Marvin Dixon Salt Lake City UT Marvin Rapp Salt Lake City UT Marvin Wheeler Salt Lake City UT Mary Adams Salt Lake City UT Mary Amanda Fairchild SIC - UT Mary Amas Salt Lake City UT Mary Ann Madsen Salt Lake City UT Mary B Sitty SLC Ut Mary Beth Williams SLC UT Mary Bons Salt Lake City UT Mary Carpenter SLC UT Mary Cosgrove SLC UT Mary Davis SLC UT Mary French Peterson SLC UT Mary Funaro Salt Lake City UT • Mary Hamberlin Salt Lake City UT Mary Hatch Salt Lake City UT Mary Hathaway Salt Lake City UT Mary J.Clampitt Salt Lake City UT Mary James Salt Lake City UT Mary Jane Renehan SLC UT Mary Jane Williams Salt Lake City UT Mary Jo Baimoli SLC UT Mary Johns SLC UT Mary Johnson Salt Lake City UT Mary Larson Salt Lake City UT Mary Lehnhof Salt Lake City UT Mary Lou Bentley SLC UT Mary Luthi Salt Lake City UT Mary Margeret Salt Lake City UT Mary Marordas SLC UT Mary McCarthy SLC UT Mary McCord Salt Lake City UT Mary McCreedy SLC UT Mary Moagl SLC UT Mary Nasbet Salt Lake City UT Mary North Salt Lake City UT Mary O'Connell Salt Lake City UT Mary Orozco Salt Lake City UT Mary Rice Salt Lake City UT Mary Ruiz Salt Lake City UT Mary Sanders Salt Lake City UT Mary Schwing Salt Lake City UT Mary Shepherd SLC UT Mary Spencer Salt Lake City UT Mary Staples Salt Lake City UT Mary Swaminathan SLC UT Mary VanMinde SLC UT ,,, ,,,,4 Mary Wilson Salt Lake City UT Mary Yannzas Salt Lake City UT Maryann Curtis Salt Lake City UT Maryanne Lyon Salt Lake City UT Marybeth North SLC Ut Mary-Brook Townsend SLC UT Marylyn Midgley Salt Lake City UT Maryssa Montoya Salt Lake City UT Mason John Allen SLC UT Mason Woolf Salt Lake City UT Mathew Bona Salt Lake City UT Mathson Noel SLC UT Matt Asay SLC UT Matt Davis SLC UT Matt DelPorto SLC UT Matt Tanner Salt Lake City UT Matthew Argyle SIC UT Matthew Beckham SLC UT Matthew Buser SLC UT Matthew Herrick SLC Ut Matthew Johnston Salt Lake City UT Matthew Rumery SLC UT Matthew Simmons SLC UT Matthew W.Jones Salt Lake City UT Maura Barragan ' Salt Lake City UT .401 Maurice Salt Lake City UT -4,, .. Maurice Reynolds Salt Lake City UT Mauro Salt Lake City UT Maury Power Salt Lake City UT Max Goff Salt Lake City UT Max Moala Salt Lake City UT Maxine Martinez Salt Lake City UT Maxwell Molina SLC UT Maylann Makaya SLC UT Mayra J Lopez SLC Ut Mayra Moran Salt Lake City UT Megan Balsmeier Salt Lake City UT Megan Bell Salt Lake City UT Megan Gardner SLC UT Megan McNabb SLC UT Megan Owen SLC UT Mei Mapa Salt Lake City UT Mel Lewis SLC UT Mel Riley Salt Lake City UT Melaime Iloa Salt Lake City UT Melanie Christiansen Salt Lake City UT Melanie Eichner SLC UT Melanie Moody Salt Lake City UT Melanie Moody SLC UT Melanie Powell Salt Lake City UT Melanie Wolcott-Klein Salt Lake City UT Melinda Baren Salt Lake City UT Melisa M.Vauetin Salt Lake City UT Melissa Burnett Salt Lake City UT Melissa Colvin Salt Lake City UT Melissa Goodman Salt Lake City UT Melissa Keirnes SLC UT Melissa Murphy SLC UT Melissa Oligario SLC UT Melissa Powell McCann Salt Lake UT Melissa Praher SLC UT Melissa Rivas SLC UT Melissa Smith Salt Lake City UT Melissa Stallings SLC UT Melissa Veliz Salt Lake City UT Melissa Wigren Salt Lake City UT Melissa Zito SLC UT Melody Anderson SLC UT Melody Ross Salt Lake City UT Melvin Beseisa SLC UT Mercy Herrara Salt Lake City UT Meredith Tuttle Salt Lake City UT Merl W.Bock Salt Lake City UT Merle Jones SLC UT Merlin R Timothy Salt Lake City UT Merrilee Smith Salt Lake City UT Merrili Taylor Sait Lake City UT Merton Duncan Salt Lake City UT Mesha Carson SLC UT Metui C Panisi Salt Lake City UT Micaela Lopez SLC Ut Michael Adams SLC UT Michael Ballock Salt Lake City UT Michael Bogart SLC UT Michael Broadbent SLC UT Michael Broadbent Salt Lake City UT Michael Camacho SLC UT Michael Cardona SLC UT Michael Dottfredson Salt Lake City UT Michael E.Cole Salt Lake City UT Michael Ellingson Salt Lake City UT Michael Hepworth SLC UT Michael Humphries Salt Lake City UT Michael Muir Salt Lake City UT Michael Oaklord SLC UT Michael Pace SLC UT Michael Palomares SLC UT Michael Robison SLC UT Michael Slinger SLC UT Michael Weight SLC UT Michael Windick SLC UT Michail M.Brosnahan Salt Lake City UT Michele Backman SLC UT Michele Hardnab Salt Lake City UT Michele Rossiter SLC - UT • Michele Valentine Salt Lake City UT Michelle Asay Salt Lake City UT Michelle Cox SLC UT Michelle de Oliveira SLC UT Michelle Galicia Salt Lake City UT Michelle Kingston SLC UT Michelle Lucero-Waters Salt Lake City UT Michelle N Dye Salt Lake City UT Michelle Ramirez Salt Lake City UT Michelle Ramirez Salt Lake City UT Michelle Redfearn SLC Ut Michelle Swenson Salt Lake City UT Michelle Taluss SLC UT Michelle Taylor Salt Lake City UT Michelle White Salt Lake City UT Michelle Woolston Salt Lake City UT Mickie Starks Salt Lake UT Mickka Mendoza Salt Lake City UT Mignonette Heldman SLC UT Miguel Model SLC UT Miguel Olguin SLC UT Miguel Vasques SLC Ut Mike Armstrong SLC UT Mike Berns Salt Lake City UT Mike Bryam Salt Lake City UT Mike Coleman Salt Lake City UT Mike Collier Salt Lake City UT Mike Druce Salt Lake City UT Mike Edwards SLC UT Mike Fotheringham SLC UT Mike Freed SLC UT Mike Gibson Salt Lake City UT Mike Hansen Salt Lake City UT Mike Holman SLC UT Mike Poler Salt Lake City UT Mike Ross Salt Lake City UT Mike S SLC Ut Mike van Thiel Salt Lake City UT Mike Waters SLC UT Mikelle Brown Salt Lake City UT Miles Archuleta Salt Lake City UT Milfred Halsey SLC UT Milton Vasquez SLC UT Mina Berry Salt Lake City UT Mindy Pike Salt Lake City UT Miner SLC UT Minerva Lopez Salt Lake City UT •sae, Miranda Cottrell Salt Lake City UT Mireya Martinez Salt Lake City UT Miriam Cardwell Salt Lake City UT Miriam Rodriguez Salt Lake City UT Milian Alvarez Salt Lake City UT Mismass Salt Lake City UT Misty Jenkins Salt Lake City UT Misty Koziba Salt Lake City UT Misty Moore SLC UT Misty Vann SLC UT Moana Whitten Salt Lake City UT Moderte Rameriz Salt Lake UT Moises Cendejal Salt Lake City UT Moises Torres Salt Lake UT Mondira Roy SLC UT Monica Attig SLC UT Monica Cowlish SLC UT Monika Flurer Salt Lake City UT Monti Pratt SLC UT Morgan Hurd Salt Lake City UT Morgan Jolie Cloward Salt Lake City UT Moroni Parker Salt Lake City UT Morris Plesis Salt Lake City UT Mr.Nuttall Salt Lake City UT Mr.Cooper Salt Lake City UT Mrs.Robinson Salt Lake City UT Ms.Barrett Salt Lake City UT Ms. Glade SLC UT Myrna Jacobs SLC UT Myrna Sutherland SLC UT N.Ewing Salt Lake City UT N. Pellegrine SIC UT Nadine Ward SLC UT Nahla Mohammad SLC UT Naidela Paz Mosqueda SLC Ut Naime Mohammed SLC UT Najwa Beseisa SLC UT Nakia Ross Salt Lake City UT Nan Williams SLC UT Nancy and Bill Day Salt Lake City UT Nancy Barbygon Salt Lake City UT Nancy Bush SLC UT Nancy Cornett SLC UT Nancy Dunlop SLC UT Nancy Emery Salt Lake City UT Nancy Jenkins Salt Lake City UT Nancy Jenkins SLC UT Nancy Madsen Salt Lake City UT Nancy Martinez Salt Lake UT Nancy Mdibell Salt Lake City UT Nancy Meidell Salt Lake City UT Nancy Memmott SLC UT Nancy Otukolo Salt Lake City UT Nanette Richard Salt Lake City UT Naomi Christenson Salt Lake City UT Nash Saltow Salt Lake City UT Natalia Gaytan Salt Lake City UT Natalie Alvarez Salt Lake City UT Natalie Steele SLC UT Natalina Loperito SLC UT Natasha Benfield Salt Lake City UT Natasha Brinkley SLC UT Natasha Erickson Salt Lake City UT Nathan Burgess SLC UT Nathan Campbell Salt Lake City UT Nathan Campbell SLC UT Nathan Crow sic ut Nathan Farnsworth SLC Ut Nathan Meek Salt Lake City UT Nathan Rigby Salt Lake City UT Nathan Wall SLC UT Nathenael Read Salt Lake City UT Natlean Fotofili SLC UT Neal Sabalines SLC UT Nefertitii Aubry Salt Lake UT Nella Bee SLC UT Nellie F.Johnson Salt Lake City UT Nephi Kemmethumweller SLC Ut Netie Moody SLC UT Newell Young Salt Lake City UT Neycole Davis Salt Lake City UT Nhung Cao SLC UT Nhung My Ha Salt Lake City UT Nichola Hyzer SLC UT Nicholas Miller Salt Lake City UT Nicholas R SLC UT Nichole Sivels Salt Lake City UT Nick Caveden SIC UT Nick Davis Salt Lake City UT Nick Pearson Salt Lake City UT Nicki Gray Salt Lake City UT Nicolas Ramos SLC UT Nicole Brand SIC Ut Nicole Fairbourn SLC UT Nicole Fairburn Salt Lake City UT Nicole Hall Salt Lake City UT Nicole Jensen Salt Lake City UT Nicole Marcantonio SLC UT Nicole Olson SLC UT Nicole Rasmussen SLC UT Nicole Sanchez Salt Lake City UT Nicole Suarez Salt Lake City UT Nicole Young SLC Ut Nicolette Welch Salt Lake City UT Nigel Stye SLC UT Nikkie Knight SLC UT Nilza Faria Salt Lake City UT Nina Barreca SLC UT Nina Jacobs SLC UT Nitani Flick SLC UT Niurka Hughes SLC UT Noe Silva SLC UT Noehmy Gonzalez Salt Lake City UT Noel Hilden - SLC UT Noelle Wright Salt Lake City UT Noemi Odioe Salt Lake City UT Nola Johnson Salt Lake City UT Nola Sears SLC UT Nora Lujar Salt Lake City UT Nord Anderson SLC UT Noreene Nye Salt Lake City UT Noreene Nye SLC UT Norine Foote Salt Lake City UT Norma Ashley Salt Lake City UT Norma Rothenberg SLC Ut Norma Winegar Salt Lake City UT Norman Haga Salt Lake City UT Nunz Mauzemunos SLC UT NyabecChuong SLC UT O. Dick Drysdale SLC UT Oclavio Lizardi slc UT Octavio Pastrana SLC UT Olga Moses SLC UT Olga Olguin SIC UT Olga Samsonora SLC UT Olivia Hamilton Salt Lake City UT Olivia lkimau Salt Lake City UT Olivia LeFevre SLC Ut Olver Martinez Salt Lake City Ut Omaira Kester Salt Lake City UT Omaira Scott Salt Lake City UT Orbelin Pineda Salt Lake City UT Orion Sherwood Salt Lake City UT Orleen Novasio SLC UT Orrin Lemon SLC UT Orval Harrison Salt Lake City UT Oscar SLC UT Oslando Sanchez Salt Lake City UT Owen lica Salt Lake City UT P.Moline Salt Lake City UT P.R.Dykstra SLC UT P. Shultzbeck Salt Lake City UT P.B. Isgreen SLC UT Paige Alsbury Salt Lake City UT Pam Christensen Salt Lake City UT Pam Harris SLC UT ,,4 ,, Pam Ludwig SLC UT Pam Reeser SLC UT Pamela Goodsen Salt Lake City UT Pamela Major Salt Lake City UT Pamela Niessink SLC UT Pare Kanderi Salt Lake City UT Paris Richins Salt Lake City UT Pat Brady Salt Lake City UT Pat Casillas SLC UT Pat Halsey SLC UT Pat Jarman Salt Lake City UT Pat Merrill SLC UT Pat Ravarino SLC UT Pat Tucker Salt Lake City UT Pat Tunson Salt Lake City UT Pat Vincent SLC UT Patrice Ewing Salt Lake City UT Patrice Whitby Salt Lake City UT Patricia Draper SLC UT Patricia Farmer Salt Lake City UT Patricia Foard SLC UT Patricia Gracey Salt Lake City UT Patricia Hdez Salt Lake City UT Patricia Hill SLC UT Patricia Peixoto Salt Lake City UT ' lINN Patricia Pineda Salt Lake City UT ` , Patricia Salazar SLC UT Patrick Barnes SLC UT Patrick Bodwar SLC Ut Patrick Brown SLC UT Patrick Harmaker Salt Lake City UT Patrick Nassi SLC UT Patrick Taylor Salt Lake City UT Patsy lao Salt Lake City UT Patty Goff Salt Lake City UT Patty Nichols Salt Lake City UT Paul Anderson Salt Lake City UT Paul Hughes SLC UT Paul Iloa Salt Lake City UT Paul Jex SLC UT Paul Maloy SLC UT Paul Mitchell Salt Lake City UT Paul Nguyen Salt Lake City UT Paul Schneller Salt Lake City UT Paul Shaphren Salt Lake City UT Paul Stratton Salt Lake City UT Paul T.Simmons Salt Lake City UT Paula Chavez Salt Lake City UT Paula Lozano Salt Lake City UT Amok Paula Maureen Bone Salt Lake City UT Paula Passey SLC Ut Paulette Keith Mounteer Salt Lake City UT Paulina Beller Salt Lake City UT pauline Cordray SLC UT Paulino Beach Salt Lake City UT Paulo Piguattro SLC Ut Paxton Purser Salt Lake City UT Payam Soleimani SLC Ut Payden Mendenhall Salt Lake City UT Pedro Mayren SLC UT Pedro Remero Salt Lake City UT Peggy Lee Holdsvvorth Salt Lake City UT Pei Holani Salt Lake City UT Penny Bauer SLC UT Penny Facer SLC Ut Penny Harris SLC UT Pentilio Gameder Salt Lake City UT Pete Harmon SLC UT Pete Romero SLC UT Pete Schwager SLC UT Peter Blair SLC UT Peter Crane Salt Lake City UT Peter Schitty SLC • Ut Peter Sugarman SLC UT Petra Alonzo SLC UT Phil Hadden Salt Lake City UT Phil Johnson SLC UT Philip D Shea Salt Lake City UT Philip Kioa SLC UT Philip Shirts Salt Lake City UT Phillip Martin Salt Lake City UT Phyllis Slater SLC UT Pia Martinez SLC UT Poshi Asahina Salt Lake City UT Pramod Kumar Handal SLC UT Priscila Ayuso Salt Lake City UT Priscilla Harris Salt Lake City UT Priscilla Harris SLC UT Priscilla Moraes SLC UT Priscilla Steed Salt Lake City UT Prissile Zapata SLC Ut Pyper Burnett SLC UT Queennie Um Salt Lake City UT R. Anthony Brown SLC UT R.Keith Murray SLC UT R. Miller SLC UT r, S. Kennedll SLC UT R. Stephen Edgel Salt Lake City UT R.Thompson Salt Lake City UT R.Trujillo Salt Lake City UT R.B.Judd SLC UT Rachael lauritzen SLC UT . Rachel Garcia Salt Lake City UT Rachel Nance Salt Lake City UT Rachel Olsen SLC UT Rachel Preslar SLC UT Rachel Wiersdorf Salt Lake City UT Rachel Wright SLC UT Rachna Verma SLC UT Radu Blanc Salt Lake City UT Rae Brown SLC UT Raeann Bendtsen Salt Lake City UT Rafael A. Flores SLC UT Rafael Lopez Salt Lake City UT Rager Jette Salt Lake City UT Rahma Derow Salt Lake City UT Rain Rizal Salt Lake City UT Rajnesh Malhi Salt Lake City UT Ralf Oipollel Salt Lake City UT Ralph A Elrzondo Salt Lake City UT Ralph Burkhardt Salt Lake City UT Ralph Currington Salt Lake City UT Ralph Emory SLC UT Ralph Pahnke Salt Lake City UT Ralph Romney SLC UT Ralph Weight SLC UT Ramida Tellez SLC Ut Ramiro Bermal SLC UT `,", Ramon G Larrazo Salt Lake City UT Ramon Guadiana Salt Lake City UT Ramond Torres SLC UT Randi Anderson SLC UT Randy Curry Salt Lake City UT Randy Geary Salt Lake City UT Randy Sorenson SLC UT Rani Rice Salt Lake City UT Raquel Bia SLC UT Raquel EchoHawk Salt Lake City UT Rarra Dee Mittelstedter SLC Ut Rashel Robinson Salt Lake City UT Raul Huerta Salt Lake City UT Ray Brim Salt Lake City UT Ray Childs SLC UT Ray Lanier SLC UT Ray Mossman SLC UT Raymond Garcia Salt Lake City UT Raymond Moody Salt Lake City UT Raymond Schwartz Salt Lake City UT Raynardo Ceja SLC Ut Reba Hansen Salt Lake City UT Rebeca De La Paz Salt Lake City UT > Rebecca Childs Salt Lake City UT Rebecca Cobb SLC UT Rebecca Gibson Salt Lake City UT Rebecca Gonyea Salt Lake City UT Rebecca Vanderakker SIC UT Rebecca White Salt Lake City UT Rebekah Fuentas SLC UT Rebekah Oliphant Salt Lake City UT Reed Kendall SLC UT Reese Laws Salt Lake City UT Reggie Chacon Salt Lake City UT Reinaldo Mirabal Ruiz SLC UT Renee Redmond SLC UT Renee Shifler Salt Lake City UT Reta Lund Salt Lake City UT Reuben Bainbridge Salt Lake City UT Reva Kenhall 5LC UT Rex Macey SLC UT Rhea Kiisel SLC UT Rhianna Butcher Salt Lake City UT Rhiannah Diaz SLC UT Rhonda Brown Salt Lake City UT Ria Wegener Salt Lake City UT Ricardo Oporto SLC UT Rich Hayes Salt Lake City UT Rich Matheson Salt Lake City UT Rich McIntosh Salt Lake City UT Richard Salt Lake City UT Richard Backman SLC UT Richard Brown SLC UT Richard C.Allan Salt Lake City UT Richard Carder Salt Lake City UT Richard Cook Salt Lake City UT Richard Elvin Servoss Salt Lake City UT Richard Geoffrey Scott SLC UT Richard Gizinye Salt Lake City UT Richard Hawks Salt Lake City UT Richard Jensen Salt Lake City Richard Jenson Salt Lake City UT Richard L. Bruzdia Sr. SLC UT Richard Mac Donald Salt Lake City UT Richard MacDonald SLC UT Richard Madsen SLC UT Richard Pettus Salt Lake City UT Richard Robison SLC UT Richard Taylor Salt Lake City UT Richard V Morris Salt Lake City UT Rick Bailey Salt Lake City UT Rick Ingersoll Salt Lake City UT Rick Lake SLC UT Rick Price SLC UT Rick Silver Salt Lake City UT Rimley SLC UT . ,. Rita A.Flores Salt Lake City UT Rita Elman Salt Lake City UT Rob Acevedo Salt Lake City UT Rob Maughan SLC UT Robert A.Sanders Salt Lake City UT Robert Baker SLC UT Robert Brockmeier Salt Lake City UT Robert F Hansen SLC UT Robert Guillory SLC UT Robert Heimer SLC UT Robert J.Felt SLC UT Robert Jensen SLC UT Robert Kirkman SLC UT Robert L.Gorringe Salt Lake City UT Robert Markham SLC UT Robert Powell Salt Lake UT Robert Quigley Salt Lake City UT Robert Rivas SLC UT Robert Schwinci< Salt Lake City UT Robert Thompson Salt Lake City UT Roberta Cutsha SLC UT Roberta Robinson Salt Lake City UT Roberta Spilman Salt Lake City UT Roberto Perez Salt Lake City UT ,o, Roberto Ramirez SLC UT Robin Cervantes Salt Lake City UT Robin Geddings Salt Lake City UT Robin Hennessey Salt Lake City UT Robin Hough SLC UT Robin Keller SLC UT Robin Robison Salt Lake City UT Robin Rutledge Salt Lake City UT Robin Tillery SLC UT Robyn Brewer SLC UT Robyn Huffman Salt Lake City UT Rochelle Chevalier SLC UT Rocio Perez SLC UT Rocky Jackson SLC UT Rocky Mathias SLC Ut Rodney Nunley Salt Lake City UT Rodrigo Villanuevo Salt Lake City UT Roger Call Salt Lake City UT Roger Palmer Salt Lake City UT Roger Read Salt Lake City UT Roger Roberts Salt Lake City UT Roger Tennant Salt Lake City UT Roland S.Clark Salt Lake City UT Rolum Larsen Salt Lake City UT Roluni Larsen SLC UT '" potis Roman B.Mariscol Salt Lake City UT Roman Moran Salt Lake City UT Ron Barber Salt Lake City UT Ron Beach Salt Lake City UT Ron Burnett Salt Lake City UT Ron Carlson Salt Lake City UT Ron Tipwell Salt Lake City UT Ronald J Seaman Salt Lake City UT Rosa Cortez Salt Lake UT Rosa Frias SLC UT Rosa Gibson SLC UT Rosalbla Farias Salt Lake City UT Rose Anderson Salt Lake City UT Rose Geter Salt Lake City UT Rose Linster Salt Lake City UT Rose Marie Moran Salt Lake City UT Rose Marie Williams Salt Lake City UT Rose Sorensen SLC UT Rosemary Hunter SLC UT Rosevelt Acoff SLC Ut Rosi Haidenthaller SLC UT Ross Klein SLC UT Ross Romero Salt Lake City UT Rowena Carter Salt Lake City UT Rower Anderson SLC UT Rowland Rutler SLC UT Roy Bailey Salt Lake City UT Roy Davidson Salt Lake City UT Roy Hardison Salt Lake City UT Roy S.Akin Salt Lake City UT Roya Schwartz Salt Lake City UT Rozanne Robison SLC UT Ruben Espinoza Salt Lake City UT Ruben Feletoa SLC UT Ruby Castillo SLC UT Ruby Rincon Salt Lake City UT Ruby Starr Salt Lake City UT Rudy Agodaca SLC UT Rudy Duran SLC UT Rune Haugsecor SLC UT Ruth Chaffee Salt Lake UT Ruth Jones Salt Lake City UT Ruth Katzenburgin SLC UT Ruth Knudson sic UT Ruth Monterrosa SLC UT Ruth Pestlethwait SLC UT Ruth Ryser Salt Lake City UT Ruth Salazar Salt Lake City UT Ruth Schirmacher Salt Lake UT Ruth Young SLC UT Ryan Benitez SLC UT Ryan Dennett Salt Lake City UT Ryan Higgins Salt Lake City UT Ryan Higgins SLC UT Ryan Kane Salt Lake City UT Ryan Nelson Salt Lake UT Ryan Pedigo Salt Lake City UT Ryan Pullman SLC • UT Ryan Spencer Salt Lake City UT Ryohei Kawamura SLC UT S.Carbone SLC UT S.Grace Whyte Salt Lake City UT S.H.Shields SLC UT S.McFadden Salt Lake City UT S.Urban SLC UT S. Vaikeli SLC UT Saad Adidou Salt Lake City UT Sabahudin Mehinovic Salt Lake UT Saber Salt Lake City UT Sabreena Elggren SLC UT Sabrina Hernandez SLC UT Sabrina Hernandez SLC UT Sage Bludworih Salt Lake City UT Sage Hoenicke SLC UT Sage Judd Salt Lake City UT Sage Studd Salt Lake City UT Saha Ngong Salt Lake City UT Sahar Omer SLC U► Sai F Ahmed Salt Lake City UT Salim Dihdwan Salt Lake City UT Sally Bolic Salt Lake City UT Sally Brooks SLC UT Sally Miller Salt Lake City UT Salvador Figueroa SLC Ut Salvador Martinez SLC UT Sam Barnett Salt Lake City UT Sam Deng Salt Lake City UT Sam Davis Salt Lake City UT Sam Fuoco Salt Lake City UT Sam Harvey Salt Lake City UT Sam Snarr SLC UT Sam Stubbs Salt Lake City UT Samah Aljenabi Salt Lake City UT Samai Arrona Salt Lake City UT Samantha(Sam) Moll Mattingly Salt Lake City UT Samantha Alkema Salt Lake City UT Samantha Jensen Salt Lake City UT Samantha Johnson Salt Lake City UT Samantha Johnson Salt Lake City UT Samantha Jones Salt Lake City UT Samantha Leach Salt Lake City UT Samantha M.Wright SLC UT Samantha Neff Salt Lake City UT Sami Church Salt Lake City UT Sammy Strickland Salt Lake City UT Samuel Black Heinzen Salt Lake City UT Samuel Ramirez Salt Lake City UT Sandra Burg SLC UT Sandra Geertsen SLC UT Sandra Kenneth SLC UT Sandra L Kendall SLC UT Sandra Morris Salt Lake City UT Sandra Tanner SLC UT Sandra Torres SLC UT Sandrine Kocherschneidt SLC UT Sandy Salt Lake City UT Sandy Wolfgram SLC Ut Sangeetha Selvani Salt Lake City UT Sara Beehler Salt Lake City UT Sara C.Lund Salt Lake City UT Sara Gorringe Salt Lake City UT Sara Pfouts Salt Lake City UT Sara Sanchez SLC UT Sara Walker SLC UT Sarah Acree slc UT Sarah Boyle SLC UT Sarah Brooks Salt Lake City UT Sarah Craig SLC UT Sarah Ehrlich Salt Lake City UT Sarah Farhast SLC Ut Sarah Johnson Salt Lake City UT Sarah Klein Salt Lake City UT Sarah Larsen Salt Lake City UT Sarah Maulden Salt Lake City UT Sarah May Salt Lake City UT Sarah McGee SLC UT Sarah Mendoza Salt Lake City UT Sarah Pace Salt Lake City UT Sarah Smith Salt Lake City UT Sarah Strichel SLC UT Sarah Taylor Salt Lake City UT Sarah Tufon SLC UT Sarah Tumpousky Salt Lake City UT Sarah Tveit Salt Lake City UT Sarumi Schieleta Salt Lake City UT Saurav Sapkota Salt Lake City UT Savanna Tate SLC UT Scarlett Paulus Salt Lake City UT Scott A.Claerhout SLC UT Scott Aucutt SLC UT Scott Billing SLC UT Scott Cho Salt Lake UT Scott Christensen SLC UT Scott Fitzgerald Salt Lake City UT Scott Murri Salt Lake City UT . " `" Scott Nix Salt Lake City UT Scott Olsen Salt Lake City UT Scott Thomas Salt Lake City UT Scott Timothy Salt Lake City UT Scott Wilkey SLC UT Scott Wunderly SLC UT Sean Creller SLC UT Sean O'Dell Salt Lake City UT Semra Tippetts Salt Lake City UT Sergio Cuellar SLC UT Seth Dashee SLC UT Seth M.Dashee SLC UT Seth Mayer SLC UT Shade Kastner Salt Lake City UT Shahin Maeimiiveli Salt Lake City UT Shahla Nezvani Salt Lake City UT Shalane Gasparac Salt Lake City UT Shalin A SLC UT Shane Briggs Salt Lake UT Shann Lovictoive Salt Lake City UT Shannon Crompton Salt Lake City UT Shannon Schemt Salt Lake City UT Shannon Tripp SLC UT Shanu Salt Lake City UT Shara Parsons Salt Lake City UT Amok Sharee Hughes SLC UT ``. Sharon Burgess SLC UT Sharon Gutierrez SLC UT Sharon Howard Salt Lake City UT Sharon Jensen SLC UT Sharon Martin Salt Lake City UT Sharon Martinez Salt Lake City UT Sharon Memmott Salt Lake City UT Sharon Sheranian Salt Lake City UT Sharon Wille SLC UT Shauna Herrick Salt Lake City UT Shauna Stevens SLC UT Shawn Ferguson Salt Lake City UT Shawn Mullen SLC UT Shawn Schow SLC UT Shawn Tingey SLC UT Shawn Turner SLC UT Shawntae Hunter SLC UT Shayla Christennsen Salt Lake City UT Sheeree Bedonie SLC UT Sheila Crump SLC UT Sheila Griffin Salt Lake City UT Sheila Jaymes SLC Ut Sheila McCleve Salt Lake City UT Sheila Rasmussen Salt Lake City UT Sheila Thompson SLC UT Shelby Nathan SLC UT Sheldon Elman Salt Lake City UT Sheldon Furst SLC UT • Sheldon Parr Salt Lake City UT Shellise Geter Salt Lake City UT Shelly Safir Salt Lake City UT Shelly Wunderly SLC UT Sherald Baldwin Salt Lake City UT Sheree Herdu Salt Lake City UT Shed Lowry Salt Lake City UT Sheridan Midgley Salt Lake City UT Sherri Hamsen Salt Lake City UT Sherri Waddingham Salt Lake City UT Sherrie M. Rudy Salt Lake City UT Sherron Hodson Salt Lake City UT Sherry Blake SLC UT Sherry Childes SLC UT Sherry Mathers SLC UT Sherry Merwerth SLC UT Sherry Yingling Salt Lake City UT Sheryl James SLC t UT Sheryl Smith SLC UT Shirlene Casady Salt Lake City UT Shirley E Allen Salt Lake City UT Shirley Hibbard Salt Lake City UT Shirley M.Hewitt Salt Lake City UT Shirley Morris SLC UT Shirley Shafer SLC UT Si Sakhai Salt Lake City Ut Siara Dean SLC UT Siegfried Bauer SLC UT Sienna Mapa Salt Lake UT Sienna Versteig SLC UT Sierra Brimhall. SLC UT Sierra Sentron Salt Lake City UT Signa Ebeling SLC UT Sileda Hayes Salt Lake City UT Siloia Aloaro Perro Salt Lake City UT Silvana Sorroche SLC UT Silvia Guerreno Moneno SLC Ut Silvia Napoles SLC UT Simmisi Malmgelm Salt Lake UT Simply Organize Salt Lake City UT Sinsemillia Reed Salt Lake City UT Sione Taufa Salt Lake City UT Sioux Pauni Salt Lake City UT Siun Tuakalau SLC UT Sky Wood SLC UT Skyler Callahan Salt Lake City UT Skyler Frecrickson Salt Lake City UT Slone Ilea Salt Lake City UT Stud Swenson Salt Lake City UT Socorro Gomez M. Salt Lake City UT Soha Aljenabi Salt Lake City UT Sonia Flores Salt Lake City UT Sonia Martinez Salt Lake UT Sonia Padilla Salt Lake City UT Sonja Lebrun Salt Lake City UT Sophia Lefler Salt Lake'City UT Sosaia Tnuhetaufa Salt Lake City UT Spencer Hales SLC UT Spencer K.Worthen SLC UT Stacey A.World Salt Lake City UT Stacey Chumachenko Salt Lake City UT Stacey Lau SLC UT Stacey Nielson Salt Lake City UT Stacie Roberts SLC UT Stanley B Lewis Salt Lake City UT Steele Downing SLC UT Stefanie Wilcox Salt Lake City UT Stefen Olsen Salt Lake City UT Steil Lopez SLC UT Stella Candelaric Salt Lake City UT Stepanie Craddock SLC Ut Stephanie Crawfield Salt Lake City UT Stephanie Drugman Salt Lake UT amok Stephanie Elms SLC UT Stephanie Ford SLC UT Stephanie Foster SLC UT Stephanie Fuentes Salt Lake City . UT Stephanie Harrill Salt Lake City UT Stephanie Harrill SLC UT Stephanie Rosenfeld SLC UT Stephanie Saenz SLC UT Stephanie Tanner SLC UT Stephanie Tueller Salt Lake City UT Stephanie Tupola SLC UT Stephany Lujan SLC UT Stephen Beller Salt Lake City UT Stephen Boyce SLC UT Stephen Hertz SLC Ut Stephen Kruman SLC UT Stephen Nilsson Salt Lake City UT Stephen P. Hancock SLC UT Stephen P.Jones Salt Lake City UT Stephen R. VanPam SLC UT Stephen Seegmiller SLC UT Stephen Streeter SLC UT Steve Collier SLC UT Steve Fullmer Salt Lake City UT ^`""""", Steve Hansen Salt Lake City UT Steve Hart Salt Lake City UT Steve Herrscher SLC UT Steve LaBaez Salt Lake City UT Steve Marsden Salt Lake City UT Steve Patterson Salt Lake City UT Steve Pilling SLC UT Steve Pranke Salt Lake City UT Steve Prediger Salt Lake City UT Steve Reece SLC UT Steve Roper Salt Lake City UT Steve Shaffer SLC UT Steve Shoell Salt Lake City UT Steve Varga SLC UT Steve Vernon SLC UT Steve Wallame Salt Lake City UT Steven Cheavront SLC UT Steven Kocheshaus SLC UT Steven Ngoyon SLC UT Steven R Campbell Salt Lake City UT Steven Robertson Salt Lake City UT Steven Sharp SLC UT Steven Svedin Salt Lake City UT Steven Watson Salt Lake City UT Stewart Crenshaw SLC UT Stewart Van Wagoner SLC UT Stuart Cowles Salt Lake City UT Stuart Gibbons Salt Lake City UT Subhash S Kithany SLC UT Sue Christensen SLC UT Sue Fleming SLC UT Sue Gowen SLC Ut Sue Griffiths Salt Lake City UT Sue Jones SLC UT Sue Long SLC Ut Sue Smith SLC UT Suk Bhujei Salt Lake City UT Sumer Andreason SLC UT Summer Brown SLC UT Summer Misner Salt Lake City UT Summer Seeley SLC UT Sunnie Cummings Salt Lake City UT Surafiel Betru Salt Lake City UT Surya Rai Salt Lake City UT Susan Anderson SLC UT Susan Brown SLC UT Susan Collier Salt Lake City UT Susan Davidson Salt Lake City UT Susan Greer SLC UT Susan Imhoff SLC UT Susan Irwin SLC Ut Susan J.Rusho SLC UT Susan Mack SLC UT Susan Ochietta SLC UT .qi Susan Willardson SLC UT Susana Alarcon SLC UT Susana De la Cruz Salt Lake City UT Susana Otti Salt Lake City UT Susanna Karrington SLC UT Susie Thompson Salt Lake City UT Suvadee Ercilla SLC ut Suzanne Broadbent SLC UT Suzanne Burton Salt Lake City UT Suzanne Nisliitt SLC UT Suzi Matthes Salt Lake City UT Swantje Johnson SLC UT Sydney Rowsey SLC . UT Sylvester Lawler Salt Lake City UT Sylvia Hartley SLC UT Sylvia L.Hancock Salt Lake City UT Sylvia Menees SLC UT T.W.Parker SLC UT Taanisha Rhone Salt Lake City UT Tahnee Wallace SLC UT Tamara Johnson Salt Lake City UT Tamara Kern Salt Lake UT Tamera Hammond SLC UT Tani Aragon Salt Lake City UT Tami Chevalier SLC UT — Tamilla Tabb-Koy Salt Lake UT "` Tammi Messersmith SLC UT Tammila Camomile SLC UT Tammy Daahm Sall Lake City UT Tammy Dixon SW Lake City UT Tarnmy Georgeson Salt Lake City UT Tammy Johnson SLC UT Tammy Matheson Salt Lake City UT Tammy Ralph SLC UT Tammy Saluz Salt Lake City UT Tammy Zamudio Salt Lake City UT Tanya Hofelinly SLC UT Tunisia Wilson SLC UT Tanya Anderson Salt Lake City UT Tara Guadiana Salt Lake City UT Tara Katley Salt Lake City UT Taralee F.Cornwell Salt Lake City UT Tarina Jensen Salt Lake City UT Tasha Kranendonk SLC UT Taste Stoddard SLC UT -fauna Eckersley Salt Lake City UT Tausha Brinton Salt Lake City UT Tawni Atwood Salt Lake City UT Tanya Riley SLC UT .-r, Tay Bullock Salt Lake City UT Taylor Maxfield Salt Lake City UT Ted Lacy Salt Lake City UT Teklu Mane Salt Lake City UT Teofilo Medina SLC UT Teresa Hopkins SLC UT Teresa Jackson Salt Lake City UT Teresa Perez Salt Lake City UT Teresa Prior SLC UT Teresa Walton Salt Lake City UT Teresita Astorga Salt Lake City UT Teri Cowburn . Salt Lake City UT Teri Petersen SLC UT Teri Thunell SLC UT Teri Wyrom SLC UT Terri Sandoval SLC UT Terry Aragon Salt Lake City UT Terry Crossley Salt Lake City UT Terry Crossley SLC UT Terry Davies Salt Lake City UT Terry Hale Salt Lake UT Terry Hopper Salt Lake City UT Terry L. Crittenden SLC UT Terry Ryder Salt Lake City UT Terry Solberg SLC UT Tess Ralphs SLC UT Tessa Rigdon Salt Lake City UT Thania Burningham Salt Lake City UT Thanongsak Chang Chum Salt Lake City UT Theda P Mawod Salt Lake City UT Thelma Poe Salt Lake City UT Theo Murwanashaka Salt Lake UT Theresa N. Norrison SLC UT Thi'Nley Salt Lake City UT Thomas A.Baron SLC UT Thomas C Barrowes SLC UT Thomas E.Mathews SLC UT Thomas Hamiltcn Salt Lake City UT Thomas Horne Salt Lake City UT Thomas Kearl Salt Lake City UT Thomas Kelley SLC UT Thomas Paget SLC UT Thomas Robinson Salt Lake City UT Thomas Searle Salt Lake City UT Thomas T. Williams SLC UT Thulan Ngo Salt Lake City UT Tia McCairns Salt Lake City UT Tia Meisel SLC UT Tiamtiam Lin Salt Lake UT Tiana Francy Salt Lake City UT Tiffani Airmet SLC UT Tiffany Cruz SLC UT Tiffany Dailey Salt Lake City UT F, Tiffany Day Salt Lake City UT Tiffany Day SLC UT Tiffany Olsen SLC UT Tiffany Sandborn SLC UT Tiffany Smith Salt Lake City UT Tim Mitchell Salt Lake City UT Tim Morris Salt Lake City UT Tim Smart Salt Lake City UT Tim Sprau SLC Ut Tim Vance Salt Lake City UT Timothy Parker Salt Lake City UT Tina Cloutier Salt Lake City UT Tina Fay Salt Lake City UT Tina Gillman SLC UT Tina Honey Salt Lake City UT Tina Hose Salt Lake City UT Tina Moore SLC UT Tina Ventura SLC UT Tisha James SLC UT Tisha Larkin Salt Lake City UT Tisha Louise James SLC UT Tobias Martinez Salt Lake City UT Toby Enniss SLC Ut Todd Karl Jenson Salt Lake City UT Todd Kastler Salt Lake City UT Amok Todd Snyder SLC UT Todd Stoneking SLC UT Tokiko Yamazaki Salt Lake City UT Toll Ilaoa Salt Lake City UT Tom Brafford Salt Lake City UT Tom Cooper SLC Ut Tom Demoes SLC UT Tom Edward Salt Lake City UT Torn Kemp SLC UT Tom Nelson Salt Lake City UT Tom Setbert Salt Lake City UT Tom Sullivan SLC UT Tom Wolf Salt Lake City UT Torn Woodward Salt Lake City UT Tonga Afi Fonna Salt Lake City UT Tony Lee Ellington SLC UT Tony Seely Salt Lake City UT Teri Peterson SLC UT TR Crump . SLC UT Trace Taylor SLC UT Trade Depaulis Salt Lake City UT Tracy Martens Salt Lake City UT Tracy Park Salt Lake City UT Tracy Pfouts Salt Lake City UT Tracy Wagner Salt Lake City UT Transito Alvarado Salt Lake City UT Travis Graff SLC Ut Travis Hughes SLC UT Travis LoFord SLC Ut Travis McBride Salt Lake City UT Travis Pellum SLC UT Trent Foxley SLC UT Trent L.Osborne SLC UT Trina Broussard SLC UT Trina Hanshew Sanders Salt Lake City UT Trish Garnh SLC UT Trisha Deming SLC UT Tristan Schutte Salt Lake City UT Troy Dunn SLC UT Troy Perry Salt Lake City UT Troy Riley SLC UT Troy Thorum SLC UT Tsohelen Mayboy Salt Lake City UT Than Pham Salt Lake UT Tyler Becker SLC Ut Tyler Cushion Salt Lake City UT Tyler Hodges SLC Ut Tyler O'Donnell SLC UT Tyler Williams Salt Lake City UT Tyra Swensen Salt Lake City UT Tyrone Lopez SLC UT Tyson Bell Salt Lake City UT Tyson Miller SLC UT Tyson Smith Salt Lake City UT Ubeng Kueg Salt Lake City UT Ungatea Nile Salt Lake City UT Uyen Phan Salt Lake City UT Val Gleason Salt Lake City UT Valerie Davis Salt Lake City UT Valerie Halsey Salt Lake City UT Valerie Sasich Salt Lake City UT Vanessa Churchill SLC UT Vanessa Hill Salt Lake City UT Vanessa Paredes Salt Lake City UT Vanessa Torrez SLC UT Vanessa Velasquez Salt Lake City UT Vanessa Wayment Salt Lake City UT Varr Y. Nelson SLC UT Vaughn Anderson Stone Salt Lake City UT Veda Romney Salt Lake City UT Velvet Rose Mulvey SLC UT Vennette Farr SLC UT Ventura Ayala SLC UT Vera Martinez SLC Ut Vera Myles SLC UT Verena Takai Salt Lake UT Verna J.Humphries SLC UT Veronica Ahmed SLC Ut Veronica McMillan SLC Ut '411* Veronica Robles SLC UT Veronica Tetuli-Mjah SLC UT Vianey T Salt Lake City UT Vicci Keller Salt Lake City UT Vicente Heber Benjamin Salt Lake City UT Vicente Romero SLC UT Vibki Chidester SLC UT Vicki Parr SLC Ut . Vicki Saley Salt Lake City UT Vicki Schetselaar Salt Lake City UT Vickie Johnson Salt Lake City UT Vicky Burkhardt Salt Lake City UT Vicky Pedlar Salt Lake City UT Victor Cendejas Salt Lake City UT Victor Hernandez Salt Lake City UT • Victor Trevino SLC UT Victoria Brinton Salt Lake City UT Victoria Kvyger SLC UT Vikki Hawke Salt Lake City UT Vili Mila Salt Lake City UT Viliami Fonua Salt Lake City UT Vince Martinez SLC UT . Vince McCormick SLC UT Vincent Dinato SLC UT ,w0,, Vincent Hamill SLC UT e.,., Viola Tukaufu Salt Lake City UT Violet Trons SLC Ut Violeta Morales Salt Lake City UT Virgilio Mercado Salt Lake City UT Virginia Acocks Salt Lake City UT Virginia G. Powers Salt Lake City UT Virginia L. Mckay SLC UT Virginia Malin Salt Lake City UT Virginia S. Cartwright Salt Lake City UT Vladimir Khshbyan Salt Lake City UT Voel Perez Salt Lake City UT W.J.Christianson Salt Lake City UT Wallace E. Stees SLC UT Wallace Stees Salt Lake City UT Walter Castaneda SLC UT Wanda Hatton • SLC UT Wanyuan Ao Salt Lake City UT Wayne A. Manticorena Salt Lake City UT Wayne Clausing Salt Lake City UT Wayne J.Urcino Salt Lake City UT Wayne Klick Salt Lake City UT Wayne Morris Salt Lake City UT Wayne Stoker Salt Lake City UT Wayne W.Bryan Salt Lake City UT Wei Lin Salt Lake City UT Weining Volim SLC UT Wendee Butler Salt Lake City UT Wendie McKinley SLC UT Wendy Babcock Salt Lake City UT Wendy birch Salt Lake City UT Wendy Cannon Salt Lake City UT Wendy Capener Salt Lake City UT Wendy Deuisan Salt Lake City UT Wendy Drake Salt Lake City UT Wendy Fackrell SLC UT Wendy Morris SLC UT Wendy Sorensen Salt Lake City UT Wendy Stein Salt Lake City UT Wendy Thompson SLC UT Wendy Wilchen SLC UT Werner Schmidt Salt Lake City UT Wesley Dean Salt Lake City UT Wesley Gaylord Salt Lake City UT Westley Mickelsen Salt Lake City UT Whitney Backman Salt Lake City UT Whitney Crane Salt Lake City UT Whitney Hasen Salt Lake City UT Will Salt Lake City UT Will A SLC UT Will Abby SLC UT Will Ale Salt Lake City UT Will Weller Salt Lake City UT Willes Moreno Salt Lake City UT William Berry SLC Ut William Boren Salt Lake City UT William Cofer SLC Ut William D. Chavez SLC UT William E.Bailey SLC UT William F.Slager SLC UT William H. Kirkland Salt Lake City UT William Harvey Salt Lake City UT William J. Rowe Salt Lake City UT William J. Rusho SLC UT William K.Marsden Salt Lake City UT William Keith Salt Lake City UT William Kona SLC Ut William Smith SLC UT William West Salt Lake City UT Willy Lokiru SLC UT Winny Mugweli . SLC UT Winston H Webster Jr Salt Lake City UT WM M.Walker Salt Lake City UT Xavier Anderson SLC UT Xiguang Zhao SLC UT Yaquelin Juarez Salt Lake City UT Yarleniz Munoz SLC Ut Yasir Shammar Salt Lake City UT Yasmin DeLeon Salt Lake City UT .� Yenny Dasas Salt Lake City UT Yeva Khadishyan Salt Lake UT Yolanda Downing SLC UT Yolanda Olmos Salt Lake City UT Yony Zuniga Salt Lake City UT York Mab Salt Lake City UT Young Jong Yoo SLC UT Yuan Ulern Salt Lake City UT Yuan Wen Salt Lake City UT Yuriko Rees Salt Lake City UT Yvette Hong Salt Lake City UT Yvonne B.King Salt Lake City UT Yvonne Hussar Salt Lake UT Yvonne Toledo SLC Ut Zachary Berg SLC UT Zachary Kirkman SLC UT Zamzama Ghulam Sarwar SLC UT Zarghona Ahmad SLC UT Zeidab Amin Salt Lake City UT Zhao Xia Salt Lake City UT Zhou Zhonghui Salt Lake City UT Zeta Gomez Salt Lake City UT Zubaria Sial Salt Lake City UT Zuolian Shen Salt Lake City UT 0 0 Attachment F Map of CB and CS Zoning Districts PLNPCM2010-00556,PLNPCM2010-00557 Published Date: February 4,2011 31 Salt Lake City CB and CS Zoning 11 Le i ' ►i , , =1- ztIll � I 4, I II'ii �'S-i1 Ink� .li'I:i,IIII!=12=i� c`?1 ot.HaL % Logond uu } J�I,•. Ain ; 1 I Is[Jam �l_ 1-nil III An jorp fOOOU■ ` Zoning NORTNW S i I r .0N- �`� III;III11TH ■•� .� CO Li_ 1 �_ II 11�INIDal rr,_- 0_4 ■f■■OOa■■n•.111 gfj`111a6I']G —1FfT—i�SiIA*. b -■■ ■■1 � NIcs I- _ ' L 700 t ■1re.❑ �� ��, ■ ^ SInolClasslllutlon sr c ; T�I 3 ■❑ WJLJUUI � - Stato _— � �NoarNrEMVLE. E. • :J- If ■■ 3Ror, t pppOU■- `�� � : . mutow; 110 �rOu`■g•opJOL7000C_ili —Ntenel j 1 —) SOUTH TEMPLE ��� �, _ % 1 -T j■ R ■M, ._.1,4._Ct=.U-. I yl■I■Ii g Collector fJ WLil ul❑ LJi d _ I_ _1 � ■ freeways �. -_/ °�ml= I Ll 1 L * ❑' "31❑[]�III - \ e—,INIIII 1 U-jr _i '] , LI[i11- II_11_ .1f1�f]l11Ill N �C 111111111 1 T ao• , -, 1n1 V J LJL J !�. 0 ! i 5oog 1� IIII I� JL111 _LJ❑L]I IM ,"II■f�l tak —1�muIIIIII(IIII i� wlt� � o�� � ,3 t .,.��1- ;��-1WL;ill�l I' < -��u=t WII"_Ia❑[JLI�I In : Limn IN I UV 11 ° 1144:1111° I - I 1■ Illmll� I 1JJ 11-11 li�1 111i1� l■� SUNNVSIOE voos--.WEST SALT LAKE n'u- ■■ ■■ I t�1� vor' i - --r=�• .[��1, ��aa�•�i l� ,,,,,,ft-- I .,.N ..1 IM I rile 11I_, III1ii11Ininl ,� , �\\, ice. �1i■ _I I — Ilullll�__ —� I w .�:■� , n �n,u�+==,fly ,rrr ; �u = �� sowL `%t\� ram ii�L7 �- ■III 11111111.=...n�..._Nem P.��� CALIFORNIA 1 - �� i.� III ■� -n I: . _�u _ 11 IIII�, nnni _�Ilrlin===1-10.. '- _I� IIII' (Att II � OW it mil iv! r ll III Dila=�I_—:16.11117.I--- = == �II�II . I". ' -r — 1ro3s Lii ■ iiiiIIl'r-T2_ ,III[Illl��� r_ .=:',la _n,� mot I. ♦ Is r _, ■- ���U■r1�r11�Enn� SIC ]!�it•aa , I • — ,�:____ «,I nws -=.III. __trl SUGARiIOUSyliU�I�Iii �If^ a �r,�111llllllll _r hzmingi_'' fir• `\ , a r farin[nity m a 1 .$ II IIIII�II1����� , 1. ��Nk , MMnIneAl.s Nofparcels Acres Nofparcels Acres 1,1 illi f j - fa_I IIIIIIII!a1 Avenues 4 2.52 0 0 tirrillri?jIIII I I 11111 _ ~.�� I Capitol Hill 14 2.87 9 2.52 I 1111111 y I Central City 429 39.86 113 43.62 . J� IIII B l�_' East Bench 77 44 07 7 11.6 on ••••• •■u'�I I I IN Nartfwest 50 21.2 64 38.6 Sugar House 338 64.9 8 31 I West Salt Lake 101 21.7 0 0 Total 1013 197.12 701 127.34 1 0 ID • Attachment G Capture/Leakage Analysis 0 PLNPCM2010-00556,PLNPCM2010-00557 Published Date:February 4,2011 32 Capture/Leakage Study 7 k .'I,\Nt -. ..:r. ,1 ), WO/ \\\ rj i, Alt. ` 4L1' F ' r' • •� $,.• CAPITOL LULL AVEIJUEJ P ,v � t ! ,. NORT11'1VEST e411r, II1103 OPEN SPACE \ P •.y ,�.,, l /-1 N, d � i' r bM n n 411,1 ' ybr' l r� ;���� ' . �r ti� d try ,ffa t i F \ ? + Jr , • �; , „ IIA112 ^4113 'w • et•i . t ,:; 1 .!f t14102 p° c `�•' d 1/ �; • `' •M 4 ,414. , �a• v..1tL1 114111 • +�MY # w {1 Y. '��. ' r • , "`■A ! tag ��: •� •.,, ( 104 �: EAST CEiJCIi j `; 1i I • 't�LLAKE i a �,• ,j,; ,s rr ;� Y f N1 _u+ - : 7t,+ , a::,„4 ,h1;; -, i t Far" r*• 4 1t ••. SUGAR•HOUSE N-N .w k"'y/,.. ' \ + 4,v,I' .ter -S�• I b f .�•) y'� , may, ' L ''„ /k-, i '�'i,y4 4 � - t ! • ` \ r 1. �i. * r 'N 14 .. 84 ' -}Y r ' 1 1 • r rif ,t11J {• .8 4„109 ••y.1 _., ay �-t'Y' I11~ I 1 :1.11�1G4 1 ���lJOl y,'(�Y;j3'i r' AyJ,.}'r t+�:•ygt!•1'{I.'�44 t�' Legend 1 i:• it t I , rY•• • t i�� ,. 1,M r7j"'' � "'A'4•g•/ +l• 'rk ".r,lt F i � ' • . wrw I! `1 Al F :sue '1 "'h' • 1 ,/ µt, N,Mf.icY.,• i `�'r�i,,K f IjiA l'•' 1111 Zip Codes Areas ' b 4 e 4 J rtiy••1 a 1.' rt� ,+i .' y,l. ,y et‘l a 1 • gv;ayl n 1 t~tI *; U i IY- t►17 r ' Planning Communities rr .H frr .t ,Or-•�',{ . tly J+..'�\1 i :$„ r..� a r��( s ,(,S4, �A I , . I ' 0 .• f: t,.,1,,r'4 ' r +: ,°Pl.t.` ' -,, 1,{fT4 Salt Lake City boundary b 4444 i ' A.. �7. ,1 ,• 1 ,, a x�F.tip'\ , 1 '. ', ), w 1 �),,r• '' ' •i'''• •.f i n 4'` ,, ' „ ( O v! t it;' '"! {S N ,.,.r t �, I!. a :�� it + ". H ' o l j. •,,,,, iiil �i 84108-County Comparison FACTOR VALUE SOURCE County Population 898,387 2000 Census _ -- - County Per Capita IncomeC 20,190 2000 Census County Sales(Retail Categories) 'Utah State Tax Commission-2009 Salt Lake County Taxable Sales Bldg&Garden 763,660,042 Gen Merchandise 2,099,367,050 Food Stores 1,681,854,431 Apparel&Access 640,346,951 Furniture 767,322,917 — —� - Misc. 1,516,248,789 Trade Area Population 21,239 2000 Census-Zip Code 84108 Trade Area Per Cap Income 32,585 '2000 Census-Zip Code 84108 Trade Area Sales 'Utah State Tax Commission-2009 Zip Code Level Sales(84108) Bldg&Garden 2,000 Gen Merchandise 0 Food Stores 45,570,603 Apparel&Access 7,962,080 - -- - Furniture 1,250,000 Misc. 18,280,628 Potential Sales Formula (Trade Area Population)X(County Sales/County Pop)X(Trade Area per Capita Income/County per Capita Income) --$B$12*(X/$B$2)*($B$13/$B$3) IX=County sales by retail category I Bldg&Garden p (Leakage) Potential Sales Actual Sales Capture Leaka e 29,137,486 !2000 - ---- - -- ------ -(29,135,486) - i99.9%leakage Gen Merchandise Potential Sales Actual Sales —,Capture(Leakage) ------ ------ - ---- -- 80,101,452 0 (80,101,452) -- - - - -- 100%leakage Food Stores - Potential Sales Actual Sales •Capture(Leakage) f 64,171,2.38 _-- 46,570,603 ;(17,600,635)-- - __ - - ---- --- --_-_--_- ------ - _-- -- - -- 4 '27%leakage Apparel&Access Potential Sales Actual Sales Capture(Leakage) 24,432,469 ---- 7,962,080 (16,470,389)- - -- -- --- ------ ----- -- -67%leakage _Furniture Potential Sales Actual Sales Capture(Leakage) 29,277,243 1,250,000 (28,027,243) 96%leakage --- - ---------- -- - - -- - -- — - - --Misc. - — — --- --- --- ---- ------- - ------ -- - -- - --- --- Potential Sales Actual S-:es ,Capture(Leakage) 57,852,546 .18,280,628 (39,571,918) ---- ------ - - --- -—- -68%leakage 4 ■mac �..i .- (� .T- '�..�► is �.'CS � L +� ia— f . 'n' 't4� �.f •w 4r.Y,t: • F _ 5.i 4 • • I: T r ;' •' Looking south from northeast corner of existing building 1. 1 .i, 4f ",,l,„,.,„,„, ,, , . _ h -+1 • • 1 • f *ate 1.., +,., ,;_ti ��'�r;r�,, tt .)4 4- s�_f Stringham Ave looking towards Foothill psi Y "q.r 4. fit +lam\ ?� a; ' ;i f S 1 e ..,, Y ,.; r r •� 7 y L N.��i� +� It l.YQt?L �f"xt -�`. - I ,.ir r, ° a ; t t �, t _ s .V -r �� a ,� �; s, ; ��is SL - J • , ,> is , t t.,e,a {� r • . 1.� %t , y• I r - � 7 -t t.,. fit} ( iJ _ t ._ ems ,iy lj .� : 4 Y S -` k t a'` :X» -'' d sue 6 s x .- r xr zu e,, r...? s _� ,;, ', .' /.°#,,,, t -4,- fix= s f �c: -. :G er y weir._ ,3`�4.' � -t_ � ,�r��s, qua- i �. ` =air _ �»-� ., ._. . alz .••r' ,r',,.' ' Ni: ''- $ .•-,-."-f;-'orlici,‘ 0- . ,.. ,,,,41 South side (back) of existing building ,, : "'',r `z,4-,;4010 •,,e',...!., 'Jr -fr _.,-,:r:WI.0,nr.!-1.7:,*•,- ',..',..•.. '.r 7$.4tY!:*: . . . ." *;-"1.;•-;.;..4§-...... - 'r 1'..,i':.• 1 :-:' ' ,:. el, ‘.. ...t.'•.; ",., • - -..,,,1tKI;'3•...,; :!v -,4., -•A,-,-- —., ..,- .,..„ ----'•- -- AM% . '' 1 : Existing walkway between subject property and Foothill Place Apartments ' i.; ' ,s 4' , I _ , • rt i ,: '' ' '' t t ...t.,_.,,,;:',.....)il',1 ,....,,,,,,144411 p.• i -i..,'Il•t,f,,‘I. , 4.1" . UI ••',- •avi-K--'•1‘.1'' '•'va`l' Mr-a•f, •,',',-',!,,,t-rfa•l,',a'.' .a 4-,i o ' ' "i- i 44.,a•:a.'a!a,•,4,''•, ,, ,,,a,-0 F.4.1•-•,,, , al,-,r...,.,41aiatrat.,,,•\ ,.',.',4" 2 = I --.;-.! .,;' ' , !1,7111,,41;•,;•1,:i,''''(.:),..",'..kfa.:--%9.?,:111, • ; - fr4r.'"; , . ' s'''•',•rf",,,4.a3:..p.... P.,.,, 4'1 i14-=:'i.'t•r.,,,,,,,, . _ i „,.....n-A,11?7,-"---,,,. ;:,,,,T.,---_,:-.-_•..., t,'a i •,--,f-;:t.',-,‘ a,, .. ff.. - -., .,-,,,;:••:..,... . L.:.-r..,,,,,-i• I,, °.! :,-,•,(-/";€1 ,. • / ,..k. -4--.4.C.'/ ,. -;€€€•/•• ' )'J, , i.,. •€ -i.i',..f,/ •,.., ‘,. 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The Community Council did not take a vote at this meeting. November 3, 2010 Presented petitions to the Sugar House Community Council November 17, 2010 Final presentation to the East Bench Community Council November 30, 2010 Presented petitions to the Sunnyside East Community Council January 26, 2011 Presented petitions to the Wasatch Hollow Community Council January 27, 2011 Planning Commission Notice of Public Hearing posted on property January 28, 2011 Mailed Planning Commission Notice of Public Hearing January 28, 2011 Planning Commission Notice of Public Hearing posted on Utah Public Meeting Notice website January 29, 2011 Planning Commission Notice of Public Hearing in Salt Lake Tribune February 4, 2010 Staff report posted on Planning Division website February 9. 2011 Planning Commission public hearing. Planning Commission voted unanimously to transmit a recommendation of denial to the City Council February 23, 2011 Planning Commission ratified minutes of February 9, 2011 meeting NOTICE OF PUBLIC HEARING The Salt Lake City Council will hold a public hearing regarding the following petitions: 2705 E. Parleys Way Master Plan and Zoning Map Amendment—a request by Ballard Spar LLP representing Walmart Stores, Inc. to amend the East Bench Community Master Plan and the zoning map for the property located at 2705 E. Parleys Way. The amendments are proposed to facilitate the construction of a new Walmart store. a. PLNPCM2010-00556: Master Plan Amendment—a request to amend the future land use classification of the subject property from Community Business to Community Shopping as shown on the East Bench Master Plan future land use map. b. PLNPCM2010-00557: Zoning Map Amendment—a request to rezone the subject property from CB Community Business to CS Community Shopping. As part of its study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held: Date: Time: 7:00 p.m. Place: Room 315 (City Council Chambers)* Salt Lake City and County Building 451 S. State Street Salt Lake City, UT *Please enter building from east side. If you have any questions relating to this proposal or would like to review the petition on file, please call Wayne Mills, Senior Planner, at 535-7282 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at wayne.millsnslcgov.com. People with disabilities may make requests for reasonable accommodations no later than 48 hours in advance in order to attend this public hearing. Accommodations may include alternate formats, interpreters, and other auxiliary aids. The City & County Building is an accessible facility. For questions, requests, or additional information, please contact the ADA Coordinator at (801) 535-7971; TDD 535-6021. WAL-MART REAL ESTATE LAKE FAMILY INVESTMENTS RIVERA, MICHAEL; ET AL BUSINESS TRUST LIMITED PARTNERSHIP 8929 KLINEDALE AVE r SOX 8050 5225 N 46TH ST PICO RIVERA, CA 90660-5535 BBNTONVILLE, AR 72712-8050 PHOENIX,AZ 85014 RICE, SCOTT L&BEVERLY B;JT PCCP JSP FOOTHILL LLC PCCP JSP FOOTHILL LLC 5 COLDBROOK 500 WASHINGTON ST #700 500 WASHINGTON ST #700 RVINE, CA 92604 SAN FRANCISCO, CA 94111 SAN FRANCISCO, CA 94111 CBC FINANCIAL CORPORATION ASTOR, RONNIE&MARK B; TC BOLLINGER, K JERRY &JUDY R; 2900 S HIGHLAND DR #17D 1318 YOUNG AVE JT LAS VEGAS,NV 89109-1075 MARYVILLE, TN 37801 3499 E MACINTOSH LN COTTONWOOD HTS, UT 84121 FALKINBURG,KIMBERLY CLARK, RICK& SHAUNNA; TRS BICKLE, MARVA L& LEWIS, JOHN 175 S 1850 E 4773 S BRON BRECK ST S; JT HEBER CITY, UT 84032-4404 HOLLADAY, UT 84117-6413 2140 RIO VERDE MOAB,UT 84532 KWON,YONG BASTAR,ROBIN W& SHIRLENE; ALDRICH, DEBRA A; TR(DAA REV 67 W 100 S JT FAM TRUST) SALT LAKE CITY, UT 84101-1507 1791E 2100 S 2220 S 2300 E SALT LAKE CITY, UT 84106-4164 SALT LAKE CITY, UT 84109-1246 DUMKE, KATHERINE W; TR COUNTRY CLUB, THE FOOTHILL CONSORTIUM 2159 S 700 E #200 2400 E COUNTRY CLUB DR 2295 S FOOTHILL DR SALT LAKE CITY, UT 84106-1227 SALT LAKE CITY, UT 84109 SALT LAKE CITY, UT 84109-3957 TOP HAT INVESTMENTS LLC BERG, DANIEL K&CARY; JT SMITH, LEONARD C& LESLIE A; 2323 S FOOTHILL DR #100 2606 E LYNWOOD DR TC SALT LAKE CITY, UT 84109-1949 SALT LAKE CITY, UT 84109 2610 E MAYWOOD DR SALT LAKE CITY, UT 84109-1616 HATCH, RONALD L; TR TODD, BRYAN B &RUTH J; TRS HARRISON, THOMAS R; TR ET AL 2615 E MAYWOOD DR 2626 E MAYWOOD DR 2640 E MAYWOOD DR SALT LAKE CITY, UT 84109 SALT LAKE CITY, UT 84109-1616 SALT LAKE CITY, UT 84109-1616 CASSITY, F BURTON; TR(SRBM YEATES, CHERYL A CORP OF PRES BISHOP OF CH OF TRUST) 2646 E MAYWOOD DR JC OF LDS 2642 E MAYWOOD DR SALT LAKE CITY, UT 84109 1616 50 E NORTHTEMPLE ST #2225 SALT LAKE CITY, UT 84109-1616 SALT LAKE CITY, UT 84150-0022 Ii. ..EN, KARL& SHIRLEY; JT EVANS,AIMEE; TR(AE REV APGOOD,MARSHA 2478 E PARLEYS WY TRUST) 2665 E PARLEYS WY #305 SALT LAKE CITY, UT 84109-1218 2660 E PARLEYS WY SALT LAKE CITY, UT 84109 SALT LAKE CITY, UT 84109-1641 ATKIN,ANGELA E; TR(AEA REV BOSWELL,ANNEMARIE BRADY, MARY ANN; TR(MAB TR) 2665E PARLEYS WY #104 TRUST) 2665 E PARLEYS WY #301 SALT LAKE CITY, UT 84109-1247 2665 E PARLEYS WY #206 SALT LAKE CITY, UT 84109-1673 SALT LAKE CITY, UT 84109-1'212 BRIGGS, ERIC COLEMAN, JERRY W;TR COUNTRY CLUB RIDGE 2665 E PARLEYS WY #109 2665 E PARLEYS WY #302 CONDOMINIUM ASSOCIATION SALT LAKE CITY,UT 84109-1672 SALT LAKE CITY,UT 84109 2665 E PARLEYS WY SALT LAKE CITY, UT 84109-1617 DAINES, STEVEN M DAVIS,BETTY LYNN; TR DRURY, SCOT D& PAULA;JT 2665E PARLEYS WY #105 2665E PARLEYS WY #213 2665E PARLEYS WY #116 SALT LAKE CITY,UT 84109-1247 SALT LAKE CITY, UT 84109-1241 SALT LAKE CITY, UT 84109-1252 GATES, CHANEL&KEVIN P; JT JOHNSON,ANDREW B & OKLAND, JEANNE G 2665E PARLEYS WY #114 WHITNEY M;JT 2665 E PARLEYS WY #207 SALT LAKE CITY, UT 84109-1672 2665E PARLEYS WY #308 SALT LAKE CITY, UT 84109-1252 SALT LAKE CITY,UT 84109 PETERS, LINDA P; TR(LPP TRUST) PIERCE, TRACY&PURHONEN, RIVERA, MICHAEL&NANCY; JT 2665E PARLEYS WY #205 STEVEN; JT 2665 E PARLEYS WY #108 SALT LAKE CITY, UT 84109-1241 2665E PARLEYS WY #201 SALT LAKE CITY, UT 84109-1244 SALT LAKE CITY, UT 84109-1241 11114, SALISBURY, LOIS P & DAVID E; JT SCHNEIDER,ALLIE SPIGELMAN, MARGOT; ET AL 2665E PARLEYS WY #309 2665E PARLEYS WY #112 2665E PARLEYS WY #110 SALT LAKE CITY, UT 84109 SALT LAKE CITY, UT 84109-1247 SALT LAKE CITY, UT 84109-1244 STAATS, JOHN E STILLMAN, GARY TUCKER, MARJORIE N&RANDY; 2665 E PARLEYS WY #102 2665 E PARLEYS WY #303 TC SALT LAKE CITY,UT 84109-1247 SALT LAKE CITY, UT 84109 2665E PARLEYS WY #307 SALT LAKE CITY, UT 84109 WHITE, CHARLES E& ANNE P; JT WOOLLEY, CALVIN N WOOLLEY,JAMES W&JEANETTE 2665E PARLEYS WY #210 2665E PARLEYS WY #111 M; TC SALT LAKE CITY,UT 84109-1252 SALT LAKE CITY, UT 84109-1247 2665E PARLEYS WY #113 SALT LAKE CITY, UT 84109-1247 JBJ LIMITED PARTNERSHIP; ET AL LORDS,NICHOLAS E& KERI B; NEVILLE, ROBERT G&ALICE R; 2675E PARLEYS WY TRS JT 2690 E PARLEYS WY 2700 E PARLEYS WY SALT LAKE CITY,UT 84109-1617 SALT LAKE CITY, UT 84109-1645 SALT LAKE CITY, UT 84109 Amok HAMMER, DAVID R& LINDA J(JT) SWENSON, STUART P& BROOM,ARTHUR D. &MAI 2706 E PARLEYS WY KIMBERLY; JT 2718 E PARLEYS WY SALT LAKE CITY, UT 84109-1647 2714E PARLEYS WY SALT LAKE CITY, UT 84109-1647 SALT LAKE CITY, UT 84109-1647 WALKOWSKI,ALOYSIUS J; TR ET EASTLAND REGENCY CO EASTLAND REGENCY CO AL 2733 E PARLEYS WY #300 2733 E PARLEYS WY #300 2 E PARLEYS WY SALT LAKE CITY,UT 84109-1243 SALT LAKE CITY, UT 84109-1243 SALT LAKE CITY, UT 84109-1647 EASTLAND REGENCY CO EASTLAND REGENCY, L.C. LAKELINE PROPERTIES, LC 2733 E PARLEYS WY #300 2733 E PARLEYS WY #200 2733 E PARLEYS WY #300 SALT LAKE CITY, UT 84109-1243 SALT LAKE CITY,UT 84109-1662 SALT LAKE CITY, UT 84109-1243 VINCENT,JUDY S HUEFNER, DAVID S &MARYANN BROOM,ARTHUR D & MARY JO; 2734 E PARLEYS WY G(JT) JT 2756 E PARLEYS WY 2762 E PARLEYS WY SALT LAKE CITY,UT 84109-1647 SALT LAKE CITY, UT 84109-1647 SALT LAKE CITY, UT 84109-1647 SWENSEN, JOSHUA HUNT, GEORGE A&MARY A M; HUNT, GEORGE A & MARY A M; 2770 E PARLEYS WY TRS TRS SALT LAKE CITY,UT 84109-1647 PO BOX 45678 PO BOX 45678 SALT LAKE CITY,UT 84145-0678 SALT LAKE CITY, UT 84145-0678 MENLOVE, DEAN &COLEEN; JT PIERCE,ANDREW W&ANDREW J; BAPIS,NICK M 3614 S TANNER GARDENS CT JT 2476 S WILSHIRE CIR SALT LAKE CITY, UT 84109 2448 S WILSHIRE CIR SALT LAKE CITY, UT 84109-1627 SALT LAKE CITY,UT 84109-1627 BAPIS,NICK M & ELAINE M(JT) BAUCOM, SIDNEY F&TERI L; JT FLETCHER,RAYMOND S; TR(RSF 2476 S WILSHIRE CIR 2491 S WILSHIRE CIR R L TRUST) SALT LAKE CITY, UT 84109-1627 SALT LAKE CITY,UT 84109-1637 2420E WILSHIRE DR SALT LAKE CITY, UT 84109-1664 ROSENBLATT, DONALD& HENDERSON, THOMAS &AL1SA; CHRISTENSEN, MARY L; TR JACQUELINE; TRS JT 2446 E WILSHIRE DR 2424 E WILSHIRE DR 2435 E WILSHIRE DR SALT LAKE CITY, UT 84109 1664 SALT LAKE CITY, UT 84109-1664 SALT LAKE CITY, UT 84109-1665 LINDGREN, THOMAS E & M JILL; FLANDRO, DANIEL A & CAROLYN NIELSEN, DEBORAH K JT K; JT 2713 E WILSHIRE DR 2701 E WILSHIRE DR 2709 E WILSHIRE DR SALT LAKE CITY, UT 84109 1632 SALT LAKE CITY, UT 84109-1632 SALT LAKE CITY, UT 84109-1632 PETERSEN, CAROL SOWBY, KENNETH& DANA; JT STOKER, DAVID S & JANET; JT 2721 E WILSHIRE DR 2729E WILSHIRE DR 2737E WILSHIRE DR SALT LAKE CITY, UT 84109-1632 SALT LAKE CITY,UT 84109-1632 SALT LAKE CITY, UT 84109-1632 JOE P &JEFFERIES, TIFANI BRITTAIN, JANICE P; WIRTHLIN, MATTHEW T& MARY A; JT 2751 E WILSHIRE DR B; JT 2743 E WILSHIRE DR SALT LAKE CITY,UT 84109-1632 2757 E WILSHIRE DR SALT LAKE CITY, UT 84109-1632 SALT LAKE CITY, UT 84109-1632 MECHAM, MARION D; TR RIDGES, CHERRY M BAPIS,NICK M&ELAINE; JT 2442 S WILSHIRE DR 2444 S WILSHIRE DR 2450 S WILSHIRE DR SALT LAKE CITY, UT 84109 SALT LAKE CITY,UT 84109 SALT LAKE CITY, UT 84109 HATCH, TIMOTHY E& KAMI L; JT BAPIS, ELAINE M BAPIS, MICHAEL 2455 S WILSHIRE DR 2460 S WILSHIRE DR 2468 S WILSHIRE DR SALT LAKE CITY, UT 84109 SALT LAKE CITY, UT 84109 SALT LAKE CITY, UT 84109 JACLIN LLC MADIGAN, MARIAN T&RICHARD CORBETT FOOTHILL LLC; ET AL 2132 S YUMA ST T; TC 2621 S 3270 W SALT LAKE CITY, UT 84109-1107 10079 S DIMPLE DELL RD WEST VALLEY, UT 84119-1119 SANDY, UT 84092-4542 CORBETT FOOTHILL LLC; ET AL ANDERSON,JOHN E& SUSAN; JT FLETCHER LUCAS INVESTMENT 2621 S 3270 W 2233 NUT TREE LOOP SE CO. WEST VALLEY,UT 84119-1119 OLYMPIA, WA 98501 2420 S WILSHIRE DR Salt Lake City, UT 84109 WOODBURY CORPORATION CHRISTIE'S CUTAWAY HAIR CO. NELSON: JANICE D 2733 E PARLEYS WAY #300 2645 E PARLEYS WAY #3 2319 S FOOTHILL DR #275 Salt Lake City, UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 FOUR AND TWENTY SAILORS MINA G NAGAHI KEMP & .ASSOCIATES, INC. 2645 E PARLEYS WAY 2645 E PARLEYS WAY 2677 E PARLEYS WAY Salt Lake City, UT 84109 Salt Lake City,UT 84109 Salt Lake City, UT 84109 FOOTHILL ANIMAL CLINIC INTERWEST SPECIALTY SYSTEMS NIELSON LINDA B MSWPC 2675 E PARLEYS WAY 2735 E PARLEYS WAY #203 2319 S FOOTHILL DR #275 Salt Lake City, UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 WALSH JOHN ATTORNEY AT LAW COWBOY GRUB RESTAURANT MOONEY INVESTMENTS LLC 2319 S FOOTHILL DR #270 THE 2645 E PARLEYS WAY Salt Lake City,UT 84109 2350 S FOOTHILL DR Salt Lake City, UT 84109 Salt Lake City,UT 84109 FOOTHILL FITNESS SYSTEMS BOMBAY HOUSE WESTFIELD PROPERTIES INC 2350 S FOOTHILL DR 2731 E PARLEYS WAY 2749 E PARLEYS WAY #310 Salt Lake City, UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 RETIREMENT SYSTEMS PENSIONS PLUS INC TITLE WEST MANAGEMENT 2749 E PARLEYS WAY #320 2735 E PARLEYS WAY #305 2749 E PARLEYS WAY #320 Salt Lake City, UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 CORBETT DON M JEANETTE WILSON SHANA RIDDLE 2319 S FOOTHILL DR #275 D 2645 E PARLEYS WAY 2645 E PARLEYS WAY ,ake City,UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 SANDRA MOIZER ACTIVE LIFE CHIROPRACTIC IFREEDOM DIRECT 2645 E PARLEYS WAY 2645 E PARLEYS WAY CORPORATION Salt Lake City,UT 84109 Salt Lake City, UT 84109 2363 S FOOTHILL DR Salt Lake City, UT 84109 LINDA J CURRY MARGUERITE PENDLETON BMW BANK OF NORTH AMERICA 2645 E PARLEYS WAY 2645 E PARLEYS WAY 2735 E PARLEYS WAY #301 Salt Lake City,UT 84109 Salt Lake City, UT 84109 Salt Lake City,UT 84109 SCOTT D WAGSTAFF PC H&R BLOCK TAX SERVICES INC CLAIM FACILITATORS 2749 E PARLEYS WAY #310 2356 S FOOTHILL DR 2643 E MAYWOOD DR Salt Lake City,UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 AFFILIATED GENETICS INC BODY INTEGRATED HIGHLAND COMMERCIAL INC 2749 E PARLEYS WAY #100 2681 E PARLEYS WAY #203 2733 E PARLEYS WAY #304 Salt Lake City,UT 84109 Salt Lake City,UT 84109 Salt Lake City, UT 84109 NRT UTAH INC SOUND &LIGHT BODY RESTORATION 2733 E PARLEYS WAY #202 2681 E PARLEYS WAY #206 2681 E PARLEYS WAY #203 Salt Lake City,UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 LOKKEN &ASSOCIATES PC PRUDENTIAL UTAH REAL ESTATE TAUERET LABORATORIES INC 2733 E PARLEYS WAY #204 2735 E PARLEYS WAY #203 2749 E PARLEYS WAY #100 Salt Lake City,UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 AXIAL BIOTECH LLC WASATCH EXOTIC PET CARE FIRST AMERICAN TITLE 2749 E PARLEYS WAY #200 2675 E PARLEYS WAY INSURANCE AGENCY LLC Salt Lake City,UT 84109 Salt Lake City, UT 84109 2733 E PARLEYS WAY #208 Salt Lake City, UT 84109 GENEMASS GENETICS &NELSON EARTH AND SKY ACUPUNCTURE LINCOLN MORTGAGE GROUP CONSULTING 2681 E PARLEYS WAY #203 2749 E PARLEYS WAY #102 2749 E PARLEYS WAY #100 Salt Lake City, UT 84109 Salt Lake City, UT 84109 Salt Lake City,UT 84109 S. �L CREEK VENTURES PC CASTLE &COOKE MORTGAGE WINDERMERE REAL ESTATE 2733 E PARLEYS WAY #304 LLC UTAH Salt Lake City UT 84109 2735 E PARLEYS WAY #305 2350 S FOOTHILL DR #2ND FL Salt Lake City, UT 84109 Salt Lake City, UT 84109 TERESA LYNN NELSON WILD SAGE SALON& SPA INC FOOTHILL SPORTS MEDICINE& 2319 S FOOTHILL DR #275 2725 E PARLEYS WAY #140 PHYSICAL THERAPY Salt Lake City, UT 84109 Salt Lake City,UT 84109 2645 E PARLEYS WAY #6 "' Salt Lake City, UT 84109 AXIOM FINANCIAL LLC MATTHEW SNYDER D.D.S. PC OMEGA LEASING, LLC 2733 E PARLEYS WAY #202 2681 E PARLEYS WAY 2323 S FOOTHILL DR #100 Salt Lake City,UT 84109 Salt Lake City,UT 84109 Salt Lake City, UT 84109 KRA LLC RDLABS2 LLC JUNEAU BIOSCIENCES 2725 E PARLEYS WAY #120 2319 S FOOTHILL DR #100 2749 E PARLEYS WAY #210 Salt Lake City, UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 NEW MEDIA STRATEGISTS TOP STOP CONVENIENCE STORE DAVANZAS AT FOOTHILL 2725 E PARLEYS WAY #120 C-23 2352 S FOOTHILL DR Salt Lake City, UT 84109 2362 S FOOTHILL DR Salt Lake City, UT 84109 Salt Lake City,UT HUMAN PEFORMANCE CONCEPTS FIRST PRIORITY CAPITAL GROUP KENT ANDERSON, JD, LCSW INC LLC 2319 S FOOTHILL DR #240 2665 E PARLEYS WAY #106 2319 S FOOTHILL DR #230 Salt Lake City, UT 84109 Salt Lake City,UT 84109 Salt Lake City, UT 84109 '' 111111 KONA CONTRACTORS LLC BREEZE SKI RENTALS PLANSWIFT 2319 S FOOTHILL DR #200 2354 S FOOTHILL DR 2725 E PARLEYS WAY #160 Salt Lake City, UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 ADM VENTURES, INC. RNB STUDIOS BJORNS BREW 2319 S FOOTHILL DR #285 2319 S FOOTHILL DR #265 2358 S FOOTHILL DR Salt Lake City, UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 SUMMIT APPLIED MCBRIDE &MORIARTY PLLC BOAT DRINK CALL CENTERS ANTHROPOLOGY 2319 S FOOTHILL DR #220 UTAH, LLC 2319 S FOOTHILL DR #120 Salt Lake City,UT 84109 2725 E PARLEYS WAY #170 Salt Lake City, UT 84109 Salt Lake City, UT 84109 PECULIAR PEN CREATIVE NAVIGEN LIGHT AND ENERGY WORK INC SERVICES 2725 E PARLEYS WAY #110 2681 E PARLEYS WAY #203 2296 S FOOTHILL DR #308D Salt Lake City,UT 84109 Salt Lake City, UT 84109 Salt Lake City,UT 84109 Amok RICHARD D CHRISTENSEN, D.D.S. ALPINE SPORTS MEDICINE Z MASSAGE 2319 S FOOTHILL DR #210 2645 E PARLEYS WAY 2681 E PARLEYS WAY Salt Lake City,UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 GREYSAGE LLC FOOTHILL PLACE APARTMENTS SYLVAN LEARNING CENTER 2665 E PARLEYS WAY #203 2260 S FOOTHILL DR 2645 E PARLEYS WAY ' take City,UT 84109 Salt Lake City, UT 84109 Salt Lake City, UT 84109 Residents Residents Residents 2646 E PARLEYS WAY 2200 S FOOTHILL DR 2208 S FOOTHILL DR Salt Lake City,UT 84109-1641 Salt Lake City,UT 84109-3965 Salt Lake City, UT 84109-3964 Residents Residents Residents 2216 S FOOTHILL DR 2224 S FOOTHILL DR 2232 S FOOTHILL DR Salt Lake City, UT 84109-3969 Salt Lake City, UT 84109-3970 Salt Lake City, UT 84109-3963 Residents Residents Residents 2240 S FOOTHILL DR 2256 S FOOTHILL DR 2264 S FOOTHILL DR Salt Lake City, UT 84109-3962 Salt Lake City, UT 84109-3971 Salt Lake City, UT 84109-3972 Residents Residents Residents 2288 S FOOTHILL DR 2625 E STRINGHAM AVE 2629 E STRINGHAM AVE Salt Lake City,UT 84109-3961 Salt Lake City, UT 84109-3974 Salt Lake City, UT 84109-3967 Residents Residents Residents 2630 E STRINGHAM AVE 2635 E STRINGHAM AVE 2636 E STRINGHAM AVE Salt Lake City,UT 84109-3975 Salt Lake City,UT 84109-3976 Salt Lake City, UT 84109-3966 Residents Residents Residents 2641 E STRINGHAM AVE 2660 E PARLEYS WAY 2666 E PARLEYS WAY Salt Lake City, UT 84109-3968 Salt Lake City, UT 84109-1641 Salt Lake City, UT 84109-1641 Residents Residents Residents 2660 E PARLEYS WAY 2666 E PARLEYS WAY 2705 E PARLEYS WAY Salt Lake City, UT 84109-1641 Salt Lake City, UT 84109-1641 Salt Lake City, UT 84109-1619 Residents Residents Residents 2707 E PARLEYS WAY 2200 S FOOTHILL DR 2208 S FOOTHILL DR Salt Lake City,UT 84109-1619 Salt Lake City,UT 84109-3965 Salt Lake City, UT 84109-3964 I. ,eats Residents Residents 2216 S FOOTHILL DR 2224 S FOOTHILL DR 2232 S FOOTHILL DR Salt Lake City, UT 84109-3969 Salt Lake City, UT 84109-3970 Salt Lake City, UT 84109-3963 Residents Residents Residents 2240 S FOOTHILL DR 2256 S FOOTHILL DR 2264 S FOOTHILL DR Salt Lake City, UT 84109-3962 Salt Lake City, UT 84109-3971 Salt Lake City, UT 84109-3972 Residents Residents Residents 2288 S FOOTHILL DR 2625 E STRINGHAM AVE 2629 E STRINGHAM AVE Salt Lake City, UT 84109-3961 Salt Lake City, UT 84109-3974 Salt Lake City, UT 84109-3967 Residents Residents Residents 2630 E STRINGHAM AVE 2635 E STRINGHAM AVE 2636 E STRINGHAM AVE Salt Lake City, UT 84109-3975 Salt Lake City, UT 84109-3976 Salt Lake City, UT 84109-3966 Residents Residents Residents 2641 E STRINGHAM AVE 2365 S FOOTHILL DR 2446 S WILSHIRE DR Salt Lake City, UT 84109-3968 Salt Lake City, UT 84109-1403 Salt Lake City, UT 84109-1664 Residents Residents Residents 2435 S WILSHIRE DR 2690 E PARLEYS WAY 2700 E PARLEYS WAY Salt Lake City, UT 84109-1665 Salt Lake City, UT 84109-1645 Salt Lake City, UT 84109-1647 AIN Residents Residents Residents 2706 E PARLEYS WAY 2714 E PARLEYS WAY 2718 E PARLEYS WAY Salt Lake City,UT 84109-1647 Salt Lake City, UT 84109-1647 Salt Lake City, UT 84109-1647 Residents Residents Residents 2726 E PARLEYS WAY 2734 E PARLEYS WAY 2740 E PARLEYS WAY Salt Lake City, UT 84109-1647 Salt Lake City, UT 84109-1647 Salt Lake City, UT 84109-1647 Residents Residents Residents 2748 E PARLEYS WAY 2756 E PARLEYS WAY 2762 E PARLEYS WAY Salt Lake City, UT 84109-1647 Salt Lake City,UT 84109-1647 Salt Lake City, UT 84109-1647 Residents Residents Residents 2770 E PARLEYS WAY 2749 E WILSHIRE DR 2424 S WILSHIRE DR Salt Lake City, UT 84109-1647 Salt Lake City, UT 84109-1632 Salt Lake City, UT 84109-1664 Residents Residents Residents 2424 S WILSHIRE DR 2446 S WILSHIRE DR 2444 S WILSHIRE DR Salt Lake City, UT 84109-1664 Salt Lake City, UT 84109-1664 Salt Lake City, UT 84109-1664 Terry Thomas Elke Phillips Cabot Nelson 1848 Stallion Lane 839 S Washington Street 984 Simpson Ave , . Salt Lake City UT 84116 Salt Lake City UT 84101 Salt Lake City UT 84106 Brad Bartholomew Thomas Mutter 871 N. Poinsettia Dr. 228 EAST 500 SOUTH Salt Lake City UT 84116 Salt Lake City UT 84111 Angie Vorher Esther Hunter, 1988 Sir James Dr. East Central& Univ. CC Salt Lake City UT 84116 1049 Norris Place Salt Lake City UT 84152-1809 Gordon Storrs DeWitt Smith 223 North 800 West 328 E. Hollywood Ave. Salt Lake City UT 84116 Salt Lake City UT 84115 Mike Harman 1044 West 300 South Salt Lake City UT 84104 Randy Sorenson George Kelner 1184 S. Redwood Dr. 1000 Military Drive Salt Lake City UT 84104-3325 Salt Lake City UT 84105 Katherine Gardner Mark Brinton 606 De Soto St 1869 Logan Ave Salt Lake City UT 84103 Salt Lake City UT 84108 Jim Jenkin Pete Taylor 212 5th Ave 933 S. 2300 E. Salt Lake City UT 84103 Salt Lake City UT 84108 Gene Fitzgerald Ellen Reddick 1385 Butler Ave 2177 Roosevelt Ave Salt Lake City, UT 84102 Salt Lake City UT 84108 .00,4040, D. Christian Harrison R. Gene Moffitt Community Council Chairs 336 W. Broadway,#308 1410 Chancellor Way Last update from CC website 12.1.10 Salt Lake City UT 84101 Salt Lake City UT 84108 SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City & County Building at 451 South State Street Wednesday, February 9, 2011 at 6:30 p.m. or immediately following the Work Session The field trip is scheduled to leave at 4:00 p.m. Dinner will be served to the Planning Commissioners and Staff at 5:00p.m. in Room 126. Work Session: 5:30 in Room 326. The Plannino Commission will hold a work session from approximately 5:30-6:30. During the Work Session the Planning Staff will brief the Planning Commission on pending projects, discuss project updates and minor administrative matters. This portion of the meeting is open to the public for observation. Briefing 1. PLNPCM2010-00614: Sustainability Code Amendment Project: Recycling and Construction Waste Management proposed regulations - A request by Salt Lake City Mayor Ralph Becker to add Recycling and - Construction Waste Management regulations to the Zoning Ordinance and possibly to the Site Development ordinance in order to implement sustainability goals. (Staff contact: Ana Valdemoros at (801) 535-7236 or ana.valdemoros@slcgov.com) • Approval of Minutes • Report of the Chair and Vice Chair • Report of the Director • Public Hearings 6:30 or immediately following the work session Public Hearing iministrative Petitions 1. PLNPCM2010-00800 - Alpine Auto Brokers Conditional Use: A request by Tyson Aoki for conditional use approval of an automobile sales business located at 749 South State Street. The subject property is located in the D- 2 (Downtown Support) Zoning District in Council District 4, represented by Luke Garrott. (Staff contact: Thomas Irvin at 801-535-7932 or Legislative Petitions 2. 2705 E. Parleys Way Master Plan and Zoning Map Amendment - a request by Ballard Spar LLP representing Walmart Stores, Inc. to amend the East Bench Community Master Plan and the zoning map for the property located at 2705 E. Parleys Way. The amendments are proposed to facilitate the construction of a new Walmart store. The property is located in Council District 7 represented by Soren Simonsen. (Staff Contact: Wayne Mills at 801-535- 7282 or wayne.mills@slcgov.com) a. PLNPCM2010-00556: Master Plan Amendment - a request to amend the future land use classification of the subject property from Community Business to Community Shopping as shown on the East Bench Master Plan future land use map. b. PLNPCM2010-00557: Zoning Map Amendment - a request to rezone the subject property from CB Community Business to CS Community Shopping The files for the above items are available in the Planning Division offices, room 406 of the City and County Building. Please contact the staff planner for information, Visit the Planning Division's website at www.slcgov.com/CED/planning for copies of the Planning Commission agendas,staff reports, and minutes.Staff Reports will be posted the Friday prior to the meeting and minutes will be -ted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. inning Commission Meetings may be watched live on SLCTV Channel 17;past meetings are recorded and archived, and may be viewed at www.slctv.com _:=w .?: c:et E: :t,f. 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Written comments are welcome and will be provided to staff and the Hearing Officer in advance of the meeting if they are submitted prior to noon the day before the meeting.Written comments should be sent to: Salt Lake City Planning Commission 451 South State Street,Room 406 Salt Lake City UT 84111 4. Speakers will be called by the Chair. 5. Please state your name and your affiliation to the petition or whom --present at the beginning of your comments. 6. Speakers should focus their comments on the agenda item. Ex' repetitive comments should be avoided. 7. Salt Lake City Corporation complies will all ADA guidelines.P 'ties may make requests for ithis rnaa ing. Acoomm;actior- may accommodation no later than 48 hours in advan f � _ .. .i., i:,ctude alternate formats, interpreters,ano other auxiliary aids. Thi: .,a; de.cessible facility. 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ADA accon,,odovom, LL,r ".333333...". ,313' 11'7'7'5' --nri.1. ,:LVIs--t:Fi ;1=,1:6,°TLI3Irloj.6,,6:' '„FRI&&/.3,10',.P.A-'3,6 63 (801)204-6000 www.lItahfilOR • SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City&County Building 451 South State Street, Salt Lake City, Utah Wednesday, February 9, 2011 Present for the Planning Commission meeting were Chair Michael Fife, Vice Chair Angela Dean, Commissioners Emily Drown, Babs De Lay, Kathleen Hill, Charlie Luke, Susie McHugh, Matthew Wirthlin and Mary Woodhead. Commissioner Michael Gallegos was excused. A field trip was held prior to the meeting Planning Commissioners present were: Michael Fife, Emily Drown, Charlie Luke, Matthew Wirthlin, and Mary Woodhead. Staff members in attendance were Nick Norris,Wayne Mills, and Thomas Irvin A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to order at 5:45 p.m. Audio recordings of the Planning Commission meetings are retained in the Planning Office for an indefinite period of time. Planning staff members present at the meeting were: Wilf Sommerkorn, Planning Director; Nick Norris, Planning Manager; Doug Dansie, Senior Planner; Wayne Mills, Senior Planner; Thomas Irvin, Principal Planner; Ana Valdemoros, Associate Planner; Paul Nielson, Land Use Attorney; and Angela Hasenberg, Senior Secretary. Field Trip Notes: Planning Commissioners visited the following locations: PLNPCM2010-00800-Alpine Auto Brokers, 749 South State Street. Staff gave an overview of the proposal including the issue of future expansion to include outside sales and display. Questions were asked regarding the Conditional Use in the future if needed for outdoor space PLNPCM2010-00556 and PLNPCM2010-00557, 2705 E Parley's Way Master Plan and Zoning Map Amendment. Staff gave an overview of the proposal. Questions were asked regarding: O Process, particularly the Non Conforming issue and re-using existing building versus rezoning. o Responsibility of drainage issues. Draining issues were explained by staff. ® What Commissioners can comment about at the Public Hearing. Staff answered that Notice was given so Planning Commissioners can make a recommendation if they chose to. U Parking and site plan. Staff explained those issues would be addressed if the zoning change was approved or through the site plan review process. © Other uses allowed in the CS zoning. Staff defined others uses allowed in CS zones versus CB zones. Planning Commission Minutes February 9, 2011 Page 1 Commissioner De La• •4 ade the motion in regard to PLNPCM2oio-. . :oo -Al.ine Auto Brokers Conditional b - based on the findings of the staff r• . ' and testimony heard this evening, I move that the Plann • Commission approve th- • Guest for conditional use for automobile sales business located . 9 South State -et subject to conditions I. and 2 as listed on the staff report. Commissioner McHugh seconde G e mo 9. 6:o7:oi Vote Co -. issioners Drown, Dean, De Lay,Fife, Hill, Luke, McHugh, + • ' hlin and Woodhead all voted"aye". The motion passed unanimously. 6:o8:i5 2705 E. Parleys Way Master Plan and Zoning Map Amendment- a request by Ballard Spar LLP representing Walmart Stores, Inc.to amend the East Bench Community Master Plan and the zoning map for the property located at 2705 E. Parleys Way. The amendments are proposed to facilitate the construction of a new Walmart store. The property is located in Council District 7 represented by Soren Simonsen. (Staff Contact: Wayne Mills at 80i-535-7282 or wayne.mills@slcgov.com) a. PLNPCM2oio-oo556: Master Plan Amendment- a request to amend the future land use classification of the subject property from Community Business to Community Shopping as shown on the East Bench Master Plan future land use map. b. PLNPCM2oio-oo557: Zoning Map Amendment- a request to rezone the subject property from CB Community Business to CS Community Shopping Commissioner De Lay recuesed herself from the hearing. Commissioner Woodhead disclosed that in her professional capacity as a lawyer, she had represented clients who were adverse to Wal-Mart,however, had not represented them for more than five years and were not land use related. Commissioner McHugh stated that she did not feel it was a conflict. Commissioner Dean agreed. Chairperson Fife reminded the Commission that this was regarding zoning only, and not whether or not this was to approve Wal-Mart. Chairperson Fife recognized Wayne Mills as staff representative. Mr. Mills stated that this was a request by Ballard Spar LLP, representing Walo-Mart stores to amend the East Bench Community Master Plan and the zoning map for the property located at '4" `° 2705 E Parley's Way. The request was to rezone the property from CB Community Business to CS Salt Lake Planning Commission Minutes, February 9, 2011 Page 7 to Community Shopping,and to also amend the future land use map in the East Bench Master Plan. Mr. Mills gave a PowerPoint presentation that illustrated the area surrounding the proposed site. Mr. Mills provided a brief history of the property which included: • Kmart was the prior occupant and received a building permit in 1968 to open a retail store. • The property was zoned B3, a zoning designation that no longer exists. • Retail stores were permitted uses at that time. • In 1995 the City had a comprehensive zoning re-write, and amended the zoning for the entire City, and the area was changed from B3 to community business • Retail stores were still included as a permitted use and Kmart was still considered a permitted use. o 1995 the structure became a non complying structure. • CB building regulations changed and the building became a non complying because it was too large and did not the building configuration standards. • In 2004 the City adopted an ordinance that added additional definitions for retail type uses. The new uses included department stores, mass merchandising stores and super stores. • In 2005 the City Council adopted another ordinance amending the commercial land use charts. o In November 2005, CB zone retail goods establishments became the only allowed uses in that zone. • Kmart became a nonconforming use with a non conforming structure. • February 2005,Wal-Mart purchased the property. • 2008 Kmart closes. a 2008 Wal-Mart requests a change in zoning. Mr. Mills stated that the current status of the property is a non-complying structure with a non conforming use. The Kmart type use could continue on the property,but it was strictly regulated. This applied to what portion of the building could be demolished before you lose the non- conforming use right. A rezone would allow Wal-Mart to demolish the building and rebuild new. Mr. Mills said that in the event that the property was not rezoned,Wal-Mart can still occupy the building and currently had a building permit with the City to do remodeling and move in. Mr. Mills noted that there were two petitions before the City,the first being the amendment to the East Bench future land use map. The East Bench Master Plan was adopted in 1987, and was one of the oldest Master Plans in the City. At the time of the Master Plan, Kmart was in business and the Land Use Map designated the area as`neighborhood business'which was the B-3 Zoning, in 1995, the entire City was rezoned, all Master Plans were also amended to reflect the new zoning. Many Master Plans in the City have been updated, and follow-the new regulations, however, the East Bench Master Plan had not been updated, and the text references some very old land use regulations with the City. Salt Lake Planning Commission Minutes, February 9, 2011 Page 8 The request from the applicant was to amend the future land use map and the East Bench Master Plan from CB, Community Business to CS, Community Shopping. Mr. Mills stated the second petition was the consideration for the rezone. The existing zoning was CB and the purpose of that district is to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods and the design guidelines were intended to facilitate retail that was pedestrian in its'orientation and scale,while also acknowledging the importance of transit and automobile access to the site. The requested rezone would be to CS; the purpose of that district is to provide an environment for efficient and attractive shopping center development at community level scale. Mr. Mills added that both zoning districts allow many of the same types of land uses such as mixed use, retail, office, and residential. The CS allows uses that require larger land areas, such as big box retail. Through the study process staff received a lot of public comment. The petitions were presented to Sugarhouse, East Bench, Sunny Side East, and Wasatch Hollow Community Councils. Mr. Mills clarified an error in the staff report where he stated that the property was located in the East Bench Community Council area, it was actually located in the Sugarhouse Community Council area but in the East Bench Master Plan area. Sugarhouse Community Council recommended denial of the petitions. The East Bench Community Council recommended approval. The Sunny Side East and Wasatch Hollow Community Councils did not make a formal recommendation or denial. Staff created a site on Open City Hall and received 97 comments from that site along with a multitude of emails and letters that have been documented were included in the staff report for review. Mr. Mills stated that there were two alternatives for consideration for denial. • Denial based on it not being in the best interest for the City. • Denial until the East Bench Master Plan was reviewed and updated if necessary. Mr. Mills added the two considerations for approval were O Approval with no conditions. • Approval with the condition of a development agreement. Mr. Mills stated that if the application was denied,the Planning Commission was an Advisory Board, a recommendation board in this matter. The decision by the Planning Commission was a recommendation that would go the City Council who would be the final decision maker. If the City Council chooses to deny the petitions,Wal-Mart will still be able to move into the building with site remodeling and operate under the non-conforming use stipulation. If the petition was approved, Wal-Mart would be required to request plan development approval. In the CS zoning district, all new construction or new uses require plan development approval by the commission. Mr. Mills noted that staff recommendation on the staff report was to hold a public hearing, accept public comment and schedule a vote at a later date. However, the hearing had been advertised in such a way that the Planning Commission can make their recommendation at the current meeting. Salt Lake Planning Commission Minutes, February 9, 2011 Page 9 6:2s:28 Questions from the Commissioners Commissioner McHugh stated that the vote was 46-44 in the Sugarhouse Community Council. She asked about leakage and asked if changing the zone was actually necessary to fix the leakage in the roof. Mr. Mills stated that it did appear that way. Commissioner Luke asked for clarification on the location in the Sugarhouse Community Council. 6:27::,2 Comments from the Applicant Christina Coronado introduced the team representing Wal-mart in the two applications presented to the Planning Commission. Troy Herald, CLC Associates, project engineer; Joe Perrin, A-Trans Engineering, traffic engineer; Shad Vermesh, BRR Architecture; Delia Garcia from Wal-Mart. Delia Garcia spoke stating that she manages public affairs for Wal-Mart, in Utah and stated that she was part of the team working on the proposal for i8 months. Ms. Garcia stated that they spent the majority of the prior year determining whether they would move forward with the application. Ms. Garcia answered the question of why they were here. She stated that they had developed a proposal that would achieve the goal of servicing their customers on the East Bench, but also achieve the concerns address with the prior application. She noted the specifics of building size, sustainability features and traffic impact. Ms. Garcia stated that they had conducted a poll, met with stakeholders and council members to ensure they met the concerns. They met with supporters and opponents. They read Open City Hall, created their own website and really tried to determine what the issues were. The determination was that there were four key messages: • Wal-Mart could do better than remodel the existing building. O Size matters, people really do care about the reduction in building size. a Resource conservation. How could they be more efficient. o Traffic,would reducing building size improve traffic. Ms. Garcia stated that they have a better proposal that has more beneficial impact. The rezone had been requested because Wal-Mart proposes to build a new, smaller, more energy efficient supercenter. Two factors prevent it: • Super Center is a non-conforming use. O Salt Lake City zoning caps demolition of non-conforming uses at 50% of the value of the building. Ms. Garcia gave a POwerPOint presentation of the proposed building. Salt Lake Planning Commission Minutes, February 9, 2011 Page 10 The proposal includes 92,000 sq feet,the height the maximum would be 33 feet in the front to screen a/c, but the average height of the building would be 26 feet. The landscaping would be increased. Ms. Garcia described other benefits that would relate to rebuilding. • Park and Ride • Lighting and energy savings • Water usage • Traffic impact • Adding pedestrian walk-ways • How would they fit into a transportation corridor Benefits of Rezoning • Building a new smaller more energy efficient building o 23%smaller building o Achieving energy savings o Water savings • Fulfilling community priorities o Redevelop an existing property and make it better. o Reducing trip miles o Integrating adjacent mixed uses o Creating and connecting pedestrian walkways o Connecting trails and transit systems o Installing water detention facilities ,mok — o Civil engineering elements • Redoing parking lot • Lowering the building on the site by 2', making the profile lower ▪ Addressing the water detention issues that currently exist, i.e. grading o Improving community experience o Landscaping o Planting more trees and shrubs o Improving the truck circulation in an around the site o Pedestrian level lighting o Shaded walkways o Reducing hardscape 6:44:46 Questions from the Commissioners Commissioner Woodhead asked about the possibility of an approval with a development agreement. Would Wal-Mart enter into a development agreement? Ms. Garcia stated that they would be. Commissioner Hill asked if that would include architectural design or urban design details. Ms. Garcia stated that they would be happy to include that in a development agreement. ,, Commissioner Woodhead asked about the building permit for a remodel and wondered if Wal- Mart had figured out a way to do a re-model consistent with the City's 50% requirement. Salt Lake Planning Commission Minutes, February 9 2011 Page 11 Ms. Garcia stated that it was possible to remodel the building,but it would not be an ideal situation. Commissioner McHugh stated that Clarion and Associates was hired by the City because of the expertise on sustainability. They presented on December 2, 2010 and discussed transportation management. Commissioner McHugh asked Clarion and Associates if traffic could be reduced by reducing the size of a building. The response was that it would not Ms. Garcia answered that she was not familiar with that report,but had a traffic engineer available. Dr. Joseph A. Perrin of A-Trans Engineering spoke. He stated that the report was absolutely wrong, and that the empirical data came from IT Trip Generation Manual, Kevin Young of Transportation had reviewed the information and determined that square footage is how traffic is calculated, and it was a direct relationship based on actual empirical data. Commissioner McHugh stated she felt the information was controversial. Dr. Perrin stated his credentials and assured her of his qualifications and stated that the numbers were based on the size of the building and the type of the business. He stated that there are other Wal-Marts in the valley that have had traffic counted, and the data supported his statements. Commissioner Luke asked about the building permit and asked what control staff would have over the remodel. Mr. Norris responded that there would be very little control Commissioner McHugh asked if it were possible to do energy efficient things with a remodel. Ms. Garcia stated that they could,but Wal-Mart could be even more energy friendly, efficient by rebuilding and reducing the size of the building. Commissioner McHugh asked if they had intentions of LEED certification . She stated that they would need to offer more than just a smaller building. Ms. Garcia stated that they had discussed LEED,Wal-Mart does not subscribe to LEED membership, and their buildings are not LEED certified. Ms. Garcia noted that they do subscribe to LEED principles on sustainability. They work with EngeryStar and are working toward green standards. Commissioner McHugh offered the idea of wind power. Ms. Garcia stated that they were not planning on it for this building,but they were open to different ideas. Commissioner Dean asked if it would be possible for the application to go through a plan development with the current CB zone. Mr. Norris replied that they could not. It would not apply because the use is not permitted. Salt Lake Planning Commission Minutes, February 9, 2011 Page 12 Commissioner Hill asked if Wal-Mart was willing to change the plan for the development that the public was really looking for. Ms. Garcia stated that are constraints with this property. Commissioner Luke asked if Wal-Mart would be willing to be LEED certified as part of the development plan. Ms. Garcia stated that she did not have an answer,that it would be need to be evaluated. Mr. Norris clarified that an applicant cannot receive LEED certification prior to a building being constructed and occupied. The City did not have an enforcement mechanism for that. Mr. Norris added that could be done would be that they could make recommendations like water efficiency similar to what would be recommended for a LEED certified building. Commissioner Dean stated that she thought that it might be a difficult way to go, and asked for examples of what had been done in the past and how successful had they been. Planning Director Sommerkorn stated that he could not give specific examples,but it had been done in the past,but not recently. He stated he did not favor it because it amounted to`contract zoning'and everyone in the zone should be treated the same. He stated that was not in favor doing development agreements as a condition for a rezone. Commissioner Luke asked if the conditions could be part of the planned development phase if the Commission decided to rezone the property. , Mr. Norris responded that if the Commission were to place conditions on a planned development, they have to be tied to the approval standards for the planned development and meet the objectives of the planned development. 7:o9:5S Public Hearing Kim Peterson, First Vice Chair of the East Bench Community Council said the after a vote, the Community Council would be in SUPPORT of the rezoning of the old Kmart on Parley's Way to accommodate a new Wal-Mart facility that meets building code and uses green or high efficiency standards would be preferable to remodeling a 40+year old building. Mr. Peterson stated that he personally was in SUPPORT of the rezone. He would like to see a new small building as opposed to a remodeled larger building. Commissioner Woodhead asked if the vote was 44-42. Mr. Peterson clarified and stated it was 46-44. Judi Short, Land Use Chair for the Sugarhouse Community Council spoke in OPPOSITION to the rezone. She complimented Planner Wayne Mills for his job on the staff report. She stated that approximately 25%were in favor of the rezone and 75%were against. The Parley's,,, Foothill development committee report to NOT support the rezone was approved by the Sugarhouse Community Council three separate times. Salt Lake Planning Commission Minutes, February 9, 2011 Page 13 The following Community Members were in OPPOSITION to the rezoning: Judi Short, Jan Brittain, Robert Neville, Rosalie Neville, Bret Jordan, Rawling B.Young,Andrea Burrows,Travis Pearce, Susan Lewon,Thomas Lindgren, Karen Curtin, Heather Barth, Eric Hartman, Betty Lynn Davies, Marjorie N.Tucker,Tim Harker, Jeffery S. Carter,Annie Cannon, Jill Burke, Jan Haug, Martha Farney,Jay Lems,Wayne Adams, Becky Richards, Rob Richards,Jean C. Stringham, Bill Wegesser, Cecilia Uriburu, Rob Wilkinson, Kathy Adams, Sarah Carlson, Philip Carlson, Monica Strong, Richard Kanner,Kenner Kingston,Jaelene V. Myrup, Maureen Mathison, Scott Kisling, Sheila O'Driscoll, Mary Mabey, Grant Stringham, David Noall, Peter Barth, Kathleen Kingston. Points of Discussion were: • The Zone Change would allow Wal-Mart to much freedom; Wal-Mart has not proven to act responsibly. o The area within a two mile radius is not dense enough. o Traffic increases. o Noise due to trucks stocking store after hours. O Unattractive parking lot a No public transit. o Against livability of the neighborhood. • Concern about conformity to Master Plan. o Concern about Wal-Mart reselling the property. • Noise problems. • The site, infrastructure and neighborhood is not compatible with the site. o Amendments proposed are not well suited to the Foothill Corridor Area. • CS zoning would be extremely detrimental to the cohesive feel of the City's neighborhoods CS zoning by its very nature will encourage people to drive to the destination vs walking. This contradicts the City's goal and clean air. o Salt Lake County recorded lists the building in fair to good condition. • Concern about other stores closing due to Wal-Mart. c A Wal-Mart at the entrance to the City would give Salt Lake a negative look and would not be as attractive as other smaller businesses would be. • Garage Bays should be used for auto repair. • Wal-Mart does not listen to what the community wants. • Concern for safety of children and ruin the sense of community. o Concern for drop in home values in the area. • Concern of lack of full disclosure of what would actually be built there. • Rebuild is unnecessary. The following community members were in SUPPORT of the rezone: Pati Allred Sorenson, Steven Parkin, Craig Swett,W.J. Christiansen,Todd Lindsey, Dan Ellison, Debbie Workman, Tarilyn Powell, Emilee Curl, Tvae Lybbert, Rebekah Schaff,Amanda Bitner, Debra Cayias, Frank Corbett, Melanie Wolctt-Klein, Boyn Vogeler, Greg Cayias,Amanda Duce, Gail Groves, Stephen Hertz, Janee Bales, M. Blaine Hofeling, Elaine Brown, G. Kevin Jones,Kim A. Peterson, Grace Sperry, Carleen Wallace, Ed Sperry, Edward Golden, Daniel Ivan, Jim Brown, Steven Maese, Kelly Ann Booth, Jonathan Williams, Nancy Lou Day, Dennis Walker, Scott Workman, David Bitner, Bill Bleak, Michael Oakford, Sadie Arave,Annette Powell,Jessica Jones, Randall Young, Lael Carter, Samantha Moll, Bruce Jensen, Lisa Seig, Ray Pugsly. Points of Discussion were: Salt Lake Planning Commission Minutes, February 9, 2011 Page 14 • Rezone allows for more extensive beautification of site, specifically the correction of current slop in parking lot which is too steep for comfortable parking. • Would allow for more landscaping and additional trees. • Huge improvement of building. • Better use of property. • Better more efficient building, more aesthetically pleasing. • If there has to be a Wal-Mart, it should be the best one possible. • Wal-Mart owns the property;they should be able to do with it whatever they want, especially if it is ecologically friendly. • Wal-Mart is a helpful and useful place with reasonable prices. • Excitement over improvements. • A new building would be earthquake safe, green and public friendly, the improvements would improve the neighborhood. • A remodel would not be better than a new building and is not progressive. • A rebuild would create construction jobs. o Wal-Mart provides jobs. o Any business that occupies the space should have to come up to code, a new building is the only way to accomplish that. o Wal-Mart would be a good neighbor. O There are not enough places to shop in the area; especially the East Bench and Wal-Mart would add jobs. o The current building is an eye sore. • The name Wal-Mart should not be the reason a new store cannot be build. o The current facility is too big, and too old. A new facility would serve the community better. U Other businesses would benefit from additional traffic in the area. • We can't improve the future by remodeling the past. 9:17:16 Close of Public Hearing Final Comments Ms. Garcia stated that she had a conversation who was not in favor of the rezone, and that person asked whom she thought would win tonight. Ms. Garcia responded that it was not about winning, but about sharing information and that Wal-Mart customers win either way. Ms. Garcia stated that goal was balancing priorities and Wal-Mart wanted to be sure to address the concerns of the community, reducing the building size, reducing traffic and reducing energy consumption. Ms. Garcia added that a zoning was the only avenue available to fulfill the concerns of the community and be able to build a more energy efficient, smaller store. Remodeling versus rebuilding, remodeling would only be greener in principle,but when the principle was applied to the specific building, in order to make the existing building as energy *"'•*k efficient as a new building, the demolition would place them above the 50% demolition rule. Salt Lake Planning Commission Minutes, February 9, 2011 Page 15 The hope was that they would be able to build a new building with skylights; a remodel would not have them because the roof would have to be removed. Wal-Mart knew what they were going into,in 2005; they bought a non-complying structure that would have allowed up to 75% demolition,which was implemented after in November in 2005. Ms. Garcia agreed that there would indeed be additional traffic, in part because there was no store currently in operation there. The goal would be to minimize the traffic impact; the way to do that would be to reduce the size of the building. In closing, Ms. Garcia said the final question was whether the site itself was appropriate for CS. The size of the parcel was over 10 acres, consistent with CS zoning, it is at the connection of two arterial roads and the freeway interchange and those characteristics support the rezone. Commissioner Luke asked what the competing interest Wal-Mart was weighing. If Wal-Mart was unable to build the energy efficient model it hoped to,will it still open a remodeled less efficient building. Would the green pursuit trump the opening of the store. Ms. Garcia stated the ultimate goal would be to serve its'customers. If the only option were to be to open a remodeled store,they would. Commissioner McHugh stated that West High was over too years old and was retro fitted, was earthquake safe, and was not on the list of endangered schools. She stated that it could be done. Commissioner Dean made the point that the building was not the issue,but focus again on the Master Plan. The question should be was the Master Plan appropriate, was it outdated. ct:26:8 in Comments from the Commissioners Commissioner Luke stated the position was not a good one to be in as a Planning Commissioner. The piece of property had a big box built on it 4o years ago,the Master Plan had changed since then,the zoning had changed since then,but the store remained. Now what was left was a building with a non-conforming use. Now if the owner of that property wanted to have a big box store there,they could. Commissioner Luke added that his personal experience of remodeling his small brick bungalow and the expense involved proved to him that it would have been cheaper to tear the existing home down and rebuild than to add the energy efficient elements and remodel the current structure. Salt Lake Planning Commission Minutes, February 9, 2011 Page 16 He believed that if the desire was to push Wal-Mart out of that property hoping the City could wai it out,that Wal-Mart would tire of their old energy deficient building, it would still be their building to sell. As long as the structure is there,it would always be a non-conforming use. Regardless of the zoning,the only way to have a say as to what goes onto the property would be through a rezoning. Mr. Luke noted that if the parcel was rezoned,Wal-Mart would have to come back to planned development where the Commission could place conditions on the property. Without that,Wal- Mart was not obligated to do anything. The remodel would then be on Wal-Mart's terms. Mr. Luke said waiting it out would not be planning,but would be patience. The right and responsible thing to do would be to rezone and therefore enable the Planning Commission to ensure the changes. Commissioner Drown thanked the audience for participating in the public process. Commissioner Drown discussed the exiting movement toward green building, green energy and growth and the future. Commissioner Drown stated that she felt that the decision would have to be what would be what ice+. best for her, her children, her family and each member of the community. Commissioner Wirthlin stated that the meeting was a robust discussion and appreciated it. Commissioner Wirthlin pointed out that much of the discussion was irrelevant to the issue before the Planning Commission. The discussion really needed to be whether the current zoning of CB was most appropriate vision for the site, or if it would be more appropriate to rezone to a CS zone. Talk of a new store, or new owners,type of store, or green store was frankly irrelevant. The issue was really what was wanted long term for the property. Commissioner Wirthlin stated that it had been done; the Master Plan was a thoughtful, deliberate, careful process. He stated that he was not hearing anything different now or over the past 12 years he's lived in the community to suggest that there was anything appropriate for the site other than what was currently zoned, even though the current use of the site was a non conforming use. Commissioner Wirthlin stated that was what a non-conforming use statute, if there was a use that was non-conforming, the idea was that the community would want it to go away, disappear. Regardless of who oWAa1s it, or the beauty of the building. 4040,, Commissioner Wirthlin stated that patience was needed for the statute to take effect. Salt Lake Planning Commission Minutes, February 9, 2011 Page 17 Commissioner Wirthlin added that the last time this issue was placed before the Planning Commission, there was a unanimous denial. Nothing had changed.The Master Plan was still in place, the community had not changed their minds as to whether it was an appropriate zone for the site. Mr.Wirthlin stated that the Master Plan might be outdated,but the particulars regarding this site were not. The community closest to the site say they feel the same way. Commissioner Dean stated that she completely agreed with Commissioner Wirthlin. She stated that there should not be a rush to modify. She felt that 25 years was not too long for a Master Plan and was comfortable with the CZ zone as is. Commissioner McHugh chose not to speak. Commissioner Woodhead stated that she agreed Commissioner Wirthlin, and wanted to express her appreciation of the people from Wal-Mart and their openness to discussion with the community. Commissioner Woodhead felt the zoning was appropriate. Commissioner Hill agreed with Commissioners Wirthlin and Woodhead. Commissioner Hill discussed the importance of vision and the Master Plan. Commissioner Hill stated that Wal-Mart needed to take into consideration the desires of Salt Lake City's residents for a sense of community that had been undermined by the suburban model. Salt Lake wanted a neighborhood feeling, commercial districts, that encourage small business and walkability. Commissioner Hill stated that if you want success,first you must define the outcome. That is the idea behind the Master Plan. She added that the land belongs to the people and it's the stewardship of the developers, citizens and Planning Commissioners to make sure they do the right things with the land. Commissioner Fife stated his appreciation of the comments from the community and the Planning Commissioners. He agreed with Commissioner Wirthlin and found the current zoning appropriate. q:44:45 Motion Commissioner Wirthlin made the motion that based on the robust discussion, the community input and the reasoning set forth in the materials presented in the staff report and the evidence received this evening in respect to PLNPCM2oio-oo556 Salt Lake Planning Commission Minutes, February 9, 2011 Page 18 Master Plan amendment and PLNPCM2o10-00557 Zoning Map amendment, he moved that the Planning Commission forward a recommendation of denial of both petitions. Commissioner McHugh seconded the motion. Comment: Planning Director Sommerkorn noted that there was discussion regarding the Master Plan, he stated that the Master Plan was 25 years old, and did not use the same terms that we use today. The East Bench Plan from 25 years ago only refered to one commercial area and it called it neighborhood business. It designated this area as neighborhood business, but also designated Foothill Village as neighborhood business. Planning Director Sommerkorn added that currently the zoning for Foothill Village was CS, but this parcel was CB. The zone is not the same as it was in 1995. Mr. Sommerkorn said that the plans really need to be rewritten so that the Commission could be apples to apples. Vote: Commissioners Drown, Dean, Hill,McHugh,Wirthlin and Woodhead all voted "aye". Commissioner Luke voted"nay"The motion passed. Amok 9:48:20 PM Meeting adjourned This document, along with the digital recording, constitute the official minutes of the Salt Lake City Planning Commission held on February 9, 2011. Angela Hasenberg Salt Lake Planning Commission Minutes, February 9, 2011 Page 19 Page 1 of 1 From: Amy Jameson [amy@aplusbworks.com] Sent: Wednesday, February 09, 2011 8:53 PM To: Mills, Wayne Subject: Support Rezoning for Parley's Walmart Categories: Other Dear Wayne: I support the re-zoning proposed for the new Walmart on Parley's. The old KMart store is terrible and a new, more green store just makes sense. It will be much better to let them tear down the old store and build something nicer that fits the community. Those opposed to this plan seem intent on punishing Walmart for being Walmart, which will only end up hurting our community in the end. They are here to stay, and we might as well have a nicer, greener building. Please support the re-zoning and do what is right for our community. Sincerely, Amy Jameson 1737 Logan Avenue SLC 84108 Email_B]ameson_2-9-11_support.txt From: Brandon Jameson [brandon@aplusbworks.com] sent: Wednesday, February 09, 2011 9:08 PM To: Mills, Wayne subject: walmart on Parleys Categories: Other I'm not a big fan of walmart, but they own the old Kmart building and since they are going to build on that property either way, I favor the rezoning that would allow them to build a more sound, environmental building. They are going out of their way to do the job right and it makes no sense to attempt to punish them by withholding the rezoning, resulting in a facility that is limited by the parameters of the 43-year-old building that now stands there. All emotions aside, the best decision now is to facilitate the smaller, greener, more landscaped property that has been proposed and will better serve a community. Many in the community will benefit from this store. whether we patronize it or not, we will all reap the benefits of a more environmentally friendly store. Auk Page 1 Email_KHansen_2-13-11.txt From: Sommerkorn, Wilford Sent: Monday, February 14, 2011 9:20 AM To: 'Kate Hansen' Cc: Hasenberg, Angela; Coffey, Cheri ; Norris, Nick; Mills, Wayne Subject: RE: Support for Wal-Mart Store in Sugarhouse Categories: other Mike and Kate, thanks for your input on the proposed rezone for wal-Mart at Parley's way. You'll likely be glad to know that a final decision on this has not yet been made - the final decision on a rezone is made by the City Council . The action taken by the Planning Commission last week is a recommendation, as required by state code and city ordinance. It is not a final decision. The information gathered at the Planning Commission meeting and the motion voted upon will now be forwarded to the City Council for their consideration and action. As such, there is no need nor purpose in "appealing" the decision of the Planning Commission. As explained, it is not a final action, but a recommendation. Please feel free to express your thoughts on this issue to the City Council office, and watch for the notices advertising when this will be heard and decided by the Council (likely in a few months' time) . Thanks again for your comment, which I will pass on to the planner who handled this application to include in his public comments section, and please let me know if you have any other questions. Wilf Sommerkorn Director Salt Lake City Planning Division original Message------ From: Kate Hansen [mailto:kbhansen58@yahoo.com] Sent: Sunday, February 13, 2011 10:14 PM To: Sommerkorn, Wilford subject: Support for Wal-Mart Store in Sugarhouse Dar Mr. Sommerkorn, It was with dismay and disbelief that we read a small news blip on page B2 of the SLC Tribune Sunday edition today, February 13th, that briefly mentioned that the SLC Planning Commission voted 6-1 against Wal-Mart's request for a rezone and master plan amendment to build a store on the site of the vacated K-Mart along Parley's Way. We cannot imagine why the Planning Commission would seek to deny residents in this part of salt Lake County convenient access to a brand-name retailer, or suitably repurpose a commercial building that has been sitting vacant for better than a year, or turn down the added tax base that a wal-Mart store at this location would generate or snub it's collective nose (. . .save the one enlightened member who did vote his/her support for wal-Mart's petition) at the chance to bring jobs and employment opportunities to the city of Salt Lake. we are very disappointed with this vote and shall write the Wal-Mart company to recommend that they challenge the Board' s decision. Likewise, we hereby state our in-parallel request that the Board reverse what we feel is a quite short-sighted position in the event that Wal-Mart renews its petition to the LSC Planning Commission Board. Regards, Mike and Kate Hansen 3575 E. Millcreek Road salt Lake city, UT 84109 Page 1 Page 1 of 1 From: Sommerkorn, Wilford Sent: Thursday, February 10, 20118:54 AM To: Mills, Wayne; Hasenberg, Angela Cc: Norris, Nick Subject: FW: Walmart decision Categories: Other Include in public comment on this Wilf Sommerkorn Director Salt Lake City Planning Division From: Shane Orians [mailto:shane.orians@gmail.com] Sent: Thursday, February 10, 2011 3:01 AM To: babs.delay@slcgov.com; Hill, Kathleen; Sommerkorn, Wilford Subject: Walmart decision Ms. De Lay and Ms. Hill: I am very disappointed in your recent decision to thwart Walmart's plan to redevelop the vacant Kmart property on Parleys Way. Your personal dislike for "big box" stores should in no way influence your decision. Many residents, including myself, would welcome the use and rehabilitation of a building that Amok has become an eyesore for the neigborhood. Walmart's presence can only help the businesses which are ,—,<, in the proximity of the Kmart property. I invite you to drive through the Kmart proprety on any weekday morning. You will find people sleeping in cars, abandoned vehicles and a variety of problematic behavior. This is the result of a property which has no occupant and, thanks to your decision, no prospect of occupancy. I the relevant submissions to your body I could not locate any reliable survey data which would truly represent the feelings of the local community. You are letting the vocal minority drive the agenda. Finally, to couch opposition in terms of increased traffic ignores the already massive amount of traffic on Foothill every morning and evening. If the issue is traffic then the commission should concentrate on ways to make Foothill more usable by eliminating smaller cross streets in favor of cul de sacs. This would increase traffic flow to and from the University of Utah which is the main source of Foothill traffic. Since Kmart and Walmart did not create the traffic problem I can only conclude this red herring is now being used as an excuse for an anti-business agenda. Thank you for your time. best regards, Shane Orians 2533 Wilmington Ave. Salt Lake City Remarks: Petition No: PLNPCM2010-00556 Also see PLNPCM2010-00557-Zoning Amendment By: Ballard Spahr LLP on behalf of Walmart Stores, Inc. Master Plan Amendment Date Filed: August 27, 2010 Address: 2705 E Parleys Way Remarks: Petition No: PLNPCM2010-00557 Also see PLNPCM2010-00556—Master Plan Amendment By: Ballard Spahr LLP on behalf of Walmart Stores, Inc. Zoning Amendment Date Filed: August 27, 2010 Address: 2705 E Parleys Way 4 MEMORANDUM DATE: July 19,2011 TO: City Council Members FROM: Jennifer Bruno,Deputy Director RE: Resolution approving$600,000 loan to the Leonardo from the Revolving Loan Fund Key Elements 1. The Leonardo has applied for a$600,000 loan from the City's Revolving Loan Fund (RLF)in order to cover the gap in its operational expenses caused by construction delays and a six-month delayed opening. The Administration has provided a resolution for Council consideration to approve this loan. a. The terms of the loan are 10 years at 3.25%(current prime rate). b. Payments would begin one month after the Leonardo opens(projected to be October). Monthly payments would total$5,863($70,356 annually). c. Collateral offered is the total value of exhibits(current estimated value$1.8 million)and any future settlements with the contractor over construction delays(currently estimated to be between$100,000 and$300,000). 4016 d. The transmittal also states that the lease agreement between the City and the Leonardo will be amended to state that if the Leonardo defaults on the loan, the lease will be terminated and the Leonardo will vacate the building. e. The City's Revolving Loan Fund Committee did not review the application. 2. The City's Revolving Loan Fund criteria(adopted in 2010)states that non-profit entities such as the Leonardo,are not eligible to receive loans. a. The Leonardo is asking that the City make a one-time exception to this loan fund requirement. b. In the late 1990s,prior to the adoption of this criteria,the City made a loan from the loan fund to both the Tracy Aviary and the Children s Museum,but has since not used the revolving loan fund process for contributions to non- profit entities. c. This standard was established to help guarantee the future financial solvency of the Revolving Loan Fund,recognizing that many non-profits have difficulty guaranteeing their ability to make payments in the long term. d. Additionally,the Leonardo is requesting that the City make a one-time exception to the typical Revolving Loan Fund requirements regarding guarantees,collateral,origination fees and job creation,as the business model for the Leonardo would not fit the typical standards for these categories. 3. The Leonardo was originally scheduled to open in April 2011. Construction delays have forced the Leonardo to delay its opening until October. The Leonardo's ramp up costs total approximately$221,000 in expenses per month,and include staffing, advertising,consultants,supplies. Because there are no ticket sales to offset these expenses,the Leonardo is facing a cash flow shortfall. 1 a. The City and the Leonardo are currently pursuing a settlement with the contractor,as some construction delays have been deemed to be avoidable. The Administration has estimated that this settlement could range from $100,000 to$300,000. b. The Leonardo has indicated that this settlement could be used to help reduce the RLF loan more quickly,if approved. 4. The Leonardo has also secured a$525,000 loan from the Hemingway Foundation to cover operational shortfalls,which requires monthly payments of$10,417($125,004 annually). The Hemingway Foundation loan does not require any collateral or guarantees. 5. When added together,the Hemingway Foundation loan and City Loan(if approved) total$195,360 in payments annually. These debt obligations are not included in the Leonardo's business plan as expense items. 6. The Leonardo's business plan(independent of cash flow)does not forecast an annual net profit until FY 2013(beginning July 1,2012). In FY 2013,the projected net income is not enough to cover both the City Loan and the Hemingway foundation loans. In FY 2014,the projected net income is$306,680,which is sufficient to cover these loans (see below): Leonardo-Business Plan Projected Income and Expenses • FY 2012 FY 2013 4 FY 2014: :Income Fundraising $ 1,446,500 $2,00Q000 $2,03°,00) Ticket Sales $ 1,560,600 $1,606,540 $2,065,540 Other $ 208,850 $ 344,200 $ 344,200' Total Income $ 3,215,950 $3,950,740,$4,409,740 Expneses Personnel $ 2,140,420 $2,447,880:$2,512,180 Other(Exhibits,Supplies, Communication) $ 2,008,820 $1,428,030 $1,590,880 Total Expenses $ 4,149,240 $3,875,910 $4,103,060 Net Income $ (933,290) $ 74,830 $ 306,680 Loan Payments: City Loan Obligation $ (70,356) $ (70,356),$ (70,356) Hemingway Loan Obligation $ (125,034),$ (125,004) $ (125,034)' Amount over(short) $ (1,128,650).$ (120,530)..$ 111,320 The net effect is that if payments on the City's loan begin in FY 2012,it will guarantee that the Leonardo will remain"in the red"until FY 2014. 7. The Leonardo has provided a projection of monthly cash flow with and without the City Loan(see charts below,and attached charts for detail). Without the City's loan, the Leonardo shows a deficit totaling$418,630,between September and December of 2011. With the City Loan,the Leonardo shows a positive net monthly cash flow. 2 I Monthly Cash Flow—no City Loan $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- $1100,000) Jul 11 Aug 11 Se Dec 11 Jan 12 Feb12 Mar 12 Apr 12 May 12 June 12 $)200,000) Monthly Cash Flow—WITH City Loan $1,000,000 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- July 11 Aug 11 Sept 11 Oct 11 Nov 11 Dec 11 Jan 12 Feb12 Mar 12 Apr 12 May 12 8. The Leonardo is forecasting that ticket sales will begin in October of 2011.The following chart shows the Leonardo's attendance forecast used in developing the Leonardo's business plan,as developed by Gyroscope,Inc,using the Association of Science and Technology Centers(ASTC)data,as well as forecasts for the Utah Museum of Natural History(UMNH): 2011-2012(9 months) 200,000 2012-2013 175,000 2013-2014 225,000 Alternate attendance methodology-the Association of Science and Technology Centers (ASTC)has a conservative rule-of-thumb ratio of visits per square foot for science centers. Based on the Leonardo's square footage(23,000),and using this standard of 7.1 visits per square foot,the projection would state that the Leonardo would have 163,300 annual visitors in a stabilized year. In addition to this figure,the Leonardo 3 team has also assumed that they would attract at least 10,000-20,000 of Utah's 20 million tourists per year(.1%). Using this model,this results in a stabilized year attendance of 183,000. The Council may wish to note that this conservative estimate is slightly lower than the estimates used in the Leonardo's business plan. Matters At Issue 1. This loan request was not reviewed by the Loan Fund committee as is typically done. As such,the rigor with which the applicant's business plan and ability to re- pay was reviewed was less than is typical for RLF loans. The Council may wish to ask the RLF committee to review this loan between the July 19th and August 9th Council meetings. 2. The Council may wish to note that the net operating income as projected in the Leonardo's business plan,is not sufficient to cover both the City and Hemingway foundation loans until FY 2014. The Council may wish to ask that the first payment be scheduled in such a way to help avoid loan default. 3. The Leonardo has listed their exhibits as collateral for the loan(estimated value:$1.8 million/liquidated value in the event of default:$180,000). The Council may wish to consider that actually using this collateral in the event that the Leonardo cannot make loan payments will further inhibit the ability of the Leonardo to function successfully as a museum. The change in the lease agreement that would require the Leonardo to vacate the building in the event of loan default would further hamper the Leonardo's ability to operate as a museum. The Council may wish to note that other requests for loans from the City have been turned down due to lack of adequate collateral or collateral that cannot be reasonably liquidated. 4. The Council may wish to note that when viewed conservatively,the collateral offered does not equal the total value of the loan. Collateral Offered: Amount Exhibits(liquidated value) $179,823 Contractor Damages(average of range) $225,000 Total Collateral _ $404,823 Loan Request $600,000 Difference(Shortfall)between Collateral and Loan ($195,177) Options ➢ This loan request has been placed on the formal agenda for tonight,July 19th,in the event that the Council wishes to act immediately. > The Council may wish to schedule this item for a future Council meeting,either for a follow-up briefing or for action. 4 Monthly Cash Flow-No City Loan July 11 Aug 11 Sept 11 Oct 11 Nov 11 Dec 11 Jan 12 Feb 12 Mar 12 Apr 12 May 12 June 12 Cash at Beginning $ 790,000 $ 486,100 $ 330,410 $(118,740) $(140,910) $(158,980) $ 55,340 $ 48,810 $ 28,280 $ 133,250 $ 162,220 $ 132,690 Cash In Fundraising $ 103,000 $ 256,000 $ 140,000 $ 30,000 $ 35,000 $ 245,000 5 71,000 $ 97,000 $ 92,500 $ 145,000 $ 85,000 $ 147,000 Loan Proceeds Ticket Sales $ - $ - $ - $ 220,320 $ 201,960 $ 201,960 $ 146,880 $ 165,240 $ 165,240 $ 165,240 $ 165,240 $ 128,520 Other Revenue $ 69,310 $ 29,200 $ 54,400 $ 13,900 $ 29,230 $ 75,900 $ 80,900 $ 25,900 $ 155,900 $ 25,900 $ 25,900 $ 101,900 Cash Out Expenses $(438,160) $(403,600) $(255,500) $(164,370) $(160,200) $(158,900) $(154,820) $(156,180) $(156,180) $(157,680) $(156,180) $(153,460) Other Opening Expenses $ (27,630) $ (26,870) $(377,630) $(111,600) $(113,640) $(139,220) $(140,070) $(142,070) $(142,070) $(139,070) $(139,070) $(135,070) Hemingway Loan Repayment $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) Cash at End of Period $ 486,100 $ 330,410 $(118,740) $(140,910) $(158,980) $ 55,340 $ 48,810 $ 28,280 $ 133,250 $ 162,220 $ 132,690 $ 211,160 $600,000 • $500,000 • $400,000 $300,000 $200,000 $100,000 1uN 11 Aug11 Se Dec11 Jan12 Feb12 Mar12 Apr12 May12 lone 12 5(100 000) $(200,000) Monthly Cash Flow-WITH City Loan July 11 Aug 11 Sept 11 Oct 11 Nov 11 Dec 11 Jan 12 Feb 12 Mar 12 Apr 12 May 12 June 12 Cash at Beginning $ 790,000 $ 486,100 $ 930,410 $ 481,260 $ 453,090 $ 429,020 $ 637,340 $ 624,810 $ 598,280 $ 697,250 $ 720,220 $ 684,690 Cash In Fundraising $ 103,000 $ 256,000 $ 140,000 $ 30,000 $ 35,000 $ 245,000 $ 71,000 $ 97,000 $ 92,500 $ 145,000 $ 85,000 $ 147,000 Loan Proceeds $ 600,000 Ticket Sales $ - $ - $ - $ 220,320 $ 201,960 $ 201,960 $ 146,880 $ 165,240 $ 165,240 $ 165,240 $ 165,240 $ 128,520 Other Revenue $ 69,310 $ 29,200 $ 54,400 $ 13,900 $ 29,230 $ 75,900 $ 80,900 $ 25,900 $ 155,900 $ 25,900 $ 25,900 $ 101,900 Cash Out Expenses $ (438,160) $ (403,600) $ (255,500) $ (164,370) $ (160,200) $ (158,900) $ (154,820) $ (156,180) $ (156,180) $ (157,680) $ (156,180) $ (153,460) Other Opening Expenses $ (27,630) $ (26,870) $ (377,630) $ (111,600) $ (113,640) $ (139,220) $ (140,070) $ (142,070) $ (142,070) $ (139,070) $ (139,070) $ (135,070) Hemingway Loan Repayment $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) $ (10,420) City Loan repayment $ - $ - $ - $ (6,000) $ (6,000) $ (6,000) $ (6,000) $ (6,000) $ (6,000) $ (6,000) $ (6,000) $ (6,000) Cash at End of Period $ 486,100 $ 930,410 $ 481,260 $ 453,090 $ 429,020 $ 637,340 $ 624,810 $ 598,280 $ 697,250 $ 720,220 $ 684,690 $ 757,160 $1,000,000 $900,000 -$800,000 $700,000 - $600,000 5500,000 $400,000 5300,000 $200,000 $100,000 $- July 11 Aug 11 Sept 11 Oct 11 Nov 11 Dec 11 Jan 12 Feb 12 Mar 12 Apr 12 May 12 '' 'EDTO: AEI,'�' �.��mamm ( scA ,. FRANK B. GRAY �� �'J mammy SCANC� �i�ECKER DIRECTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT '�I MAYOR OFFICE OF THE DIRECTOR DATE. /J, ( DE LA MARE-SCHAEFER DEPUTY DIRECTOR ROBERT FARRINGTON, JR. CITY CO NSMITTAL DEPUTY DIRECTOR REUtz I 211 Date Received: IUN 1 1 2011 David Eve tt, hief o taff SLC COUNCIL OFFICE - -) Date Sent to City Council: 6-1 �Y .pvik TO: Salt Lake City Council DATE: July 8, 2011 Jill Remington-Love, Chair FROM: Frank Gray, Community &Economic C Ill I/ ', / 1, Development Department Director j( Y RE: $600,000 Revolving Loan Fund(RLF) Loan Application from the Leonardo STAFF CONTACTS: Dan Velazquez, Small Business Economic Development Manager, at 801-535-7941 or dan.velazquez@slcgov.com RECOMMENDATION: That the City Council approve a$600,000 loan for the Leonardo through the City's RLF. In doing so, the City Council will make one-time exceptions to RLF requirements regarding eligibility, guarantees, collateral, origination fees and job creation. DOCUMENT TYPE: Resolution BUDGET IMPACT: If approved, funding for the loan would come from the Revolving Loan Fund, so this would not impact the General Fund. DISCUSSION: Issue Origin: The Library Square Foundation for Art, Culture and Science (the Leonardo), is requesting an RLF loan for$600,000. The Leonardo was originally scheduled to open at the old main library building(the Building) in April of 2011. However, construction delays have forced the Leonardo to postpone its opening until October, at the earliest, depending on completion of the Building's ongoing renovation. Consequently, no revenue will be generated by ticket sales until October and the Leonardo states that their fundraising efforts have also been affected by the delay. If the City Council does not approve the loan,the Leonardo will run out of cash by September of 2011. While non-profit entities are typically not eligible for RLF loans, there are two precedents from the late 1990's, in RLF loans to Tracy Aviary&the Children's Museum. 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 145486, SALT LAKE CITY, UTAH 84114.54B6 TELEPHONE: 80 1-535-6230 FAX: 801-535-6005 WWW.SLCGOV.COM/CED :i RECYCLED PAPER Analysis: Because of the time-sensitive nature of the loan request,this loan was not reviewed by the RLF Committee, as is typically done. The attached Lender Credit Memorandum includes a summary of the loan application from the Leonardo. This summary is always provided by staff to the RLF Committee for their review along with the complete packet turned in by applicants. If approved, the Leonardo would use the loan funds to cover the gap in its operational expenses. Staff recommends that the loan be issued under the following terms and conditions: Amount: $600,000.00 Maturity: 10 years Rate: 3.25% (Current Prime Rate) Payments: Payments of principal & interest will occur monthly with the first payment due on the first day of the month following the first full month after the Leonardo opens. Monthly payments are approximately $5,863. Collateral: The loan will be secured by a Uniform Commercial Code (UCC) Filing on all exhibits now owned or hereafter acquired by the Leonardo (current estimated value of exhibits is $1,798,234). Additionally, any Liquidated Damages recovered from the contractor will be used to repay the loan. 00.4 Guarantees: Guarantees from the Library Square Foundation for Art, Culture and Science. No personal guarantees. Conditions: In additional to the guarantees and collateral listed above,the lease agreement(the Lease)between Salt Lake City Corporation and the Library Square Foundation for Art, Culture and Science will be amended to stipulate that a default by the borrower will result in the termination of the Lease, whereby the Leonardo will be required to vacate the building. PUBLIC PROCESS: - None required, other than City Council approval for any RLF loans over$250,000. RELEVANT ORDINANCES: Resolution#33 of 2010:Authorizing a Change to the Small Business Revolving Loan Fund Attachment 'A' to Resolution#33: Revolving Loan Fund Options Attachment 'B' to Resolution#33: Revolving Loan Fund Additional Criteria RE: RLF Loan Application by the Leonardo Page 2 of 2 RESOLUTION NO. OF 2011 Authorizing a Loan from Salt Lake City To The Library Square Foundation for Art, Culture and Science For Its Operations WHEREAS, Salt Lake City has funds available in its Revolving Loan Fund to stimulate business development and expansion, encourage private investment, and promote economic development; and WHEREAS, The Library Square Foundation for Art, Culture and Science, a Utah nonprofit corporation (the "Leonardo") needs assistance with operating funds until the Leonardo can begin its full operations in the old main Salt Lake City library; and WHEREAS, Salt Lake City desires to approve the terms of a$600,000 loan from the Revolving Loan Fund to the Leonardo for the Leonardo's operations; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows: 1. The City Council does hereby approve a loan in the amount of S600,000 from Salt Lake City to the Leonardo for the Leonardo's operations. 2. The terms of the City's loan shall be percent interest for years with monthly payments of$ . The loan will be secured by a security interest (evidenced by a Uniform Commercial Code financing statement filing) in all exhibits now owned or hereafter acquired by the Leonardo during the term of the loan. 3. With respect to this loan to the Leonardo only, the City Council hereby makes a one- time exception from the normal Revolving Loan Fund requirements regarding loan eligibility, guarantees, collateral, origination fees, and job creation. 4. Ralph Becker, Mayor of Salt Lake City, Utah is hereby authorized to execute the requisite loan documents on behalf of Salt Lake City Corporation and to act in accordance with their terms. Passed by the City Council of Salt Lake City, Utah, this day of 2011. R 10-1 R 10-9 RESOLUTION NO. 33 OF 2010 AUTHORIZING A CHANGE TO THE SMALL BUSINESS REVOLVING LOAN FUND WHEREAS, Salt Lake City Corporation (the City) has a Small Business Revolving Loan Fund; and WHEREAS, the City's Small Business Revolving Loan Fund has been an effective means to stimulate business development and expansion, encourage private investment, promote economic development and enhance neighborhood vitality in Salt Lake City; and WHEREAS, the Small Business Revolving Loan Fund has evolved over time with several adjustments to loan criteria options made by the Council; and WHEREAS, the City's Economic Development Division is recommending new criteria, loan options, and evaluation matrix for this loan program to increase the benefits to the City and the program's recipients; WHEREAS, the City's Economic Development Division is also recommending the fund be renamed the Revolving Loan Fund to better reflect the purpose of the fund as set forth in the proposed revisions to the criteria, loan options and evaluation matrix. THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. To change the name of the Small Business Revolving Loan Fund to the Revolving Loan Fund; 2. To adopt the attached amended loan criteria, loan options, and evaluation matrix of the Revolving Loan Fund; 3. Ralph Becker, Mayor of Salt Lake City, Utah, following approval of the City Attorney, is hereby authorized to execute the requisite agreement documents on behalf of Salt Lake City Corporation and to act in accordance with their terms. Passed by the City Council of Salt Lake City, Utah, this 1 3th day of , 2010. SALT LAKE CITY COUNCIL ; fiM1`FF;ECi:: 1` I C 4,,D�A1v.> ATTEST: L APPRO DAS TO M /7 SAL ITY RNEY'S OFFICE BY: DA E: T E ORDE AM*, ATTACHMENT A: REVOLVING LOAN FUND LOAN OPTIONS d K°. _:A-'.`g„tT`' � '. w �:r �t .. - l c_ t F v-,_ t' t.Y ..w ,4,.t. E P:'.A r�&rt tiy x,.x y t i, !a } x„ r d•R;17fin- _ n .4, yy T.;6 i X '� ,., :ettr x -� V ,. � � �,:...'t-.s - _s. -::�.....�.. . ,, '• m .. _.. .._1....—"-- _. . : .,..... �,.cF....va ` r,. . _...:...d"'-�. _..,......_.....�,r:t�'-. '"k=rs.,�ra..,:.M`_ .sr6. .>„�_`, OPERATING/WORKING CAPITAL FOCUSED LOANS No specific requirement, Utah Microenterprise Loan Fund Start-up and small business loans Up to$25,000 5 years Prime+5-7 but will look at No cash n/a home,business requirement equipment Loans for the creation of a new business-Funds can Fixed Rate 10%cash or Additional points received for using an outside lender or 5%deduction in principal be used for working capital,construction, $25,000- 5 years Prime+ minimum 25% own equity;must show that borrower has tried one other Getting Into Business Loan equivalent owing after three years of 500,000 marketing,machinery and equipment,landscape $50,000 7 yea s between-4 of loan amount source of outside financing.Personal and corporate 1 injection making payments on time. and property improvements. and+3 guarantees.Must show job creation. Loan for the expansion and growth of existing businesses.Funds may be used for working capital, Fixed Rate Three-years operating history showing growth and Grow Your Business Loan. construction for business expansion,marketing, $25,000- 5 years Prime minimum 25% 10%cash or deduction in principal and three years tax returns.Personal and ow ($25,000-$100,0Cd) machinery and equipment,landscape and property 5100,000 7 years between-4 of loan amount equivalent business guarantees.Must show job creation and/or owing after three years of 500,600 injectionmakingpaymen[sontime- improvements.Fund,can be used for refinancing and+3 retention. debtas a part of business expansion. Existing business loan program for businesses in Three-years operating history showing growth and need of more than$100,000.Funds ray he used Fixed Rate profrueity and three years tax returns.Must provide for working capital,construction for Lusiness additional financing or show sufficient equity in the Existing Business Loan $101,000- 5 years Prime+ m nmum 50% 700 Ono expansion,marketing,machinery and equipment, business-Cools loan should not exceed 50%of total funds ($SO1,000-$250,000f landscape and property imprcvements.Funds can 5250,D0: 7yearS betweenan -4 of loan amount borrowed.Must provide one new job for every$50,000 be used for refinancing debt as a Fart of business borrowed front the City Personal and business expans,on guarantees. to 2,000,000 Ica Incentives far large- $2,000 en 00] This lwng f . tit/ ng a Business Opportunity Loan rued bu.,'n<s s considering den o z For allocated to Determined by the City Council- one y$25,000 �0 Ci loaned,the company must create or C" in nod by the City positive circumstance for a larger bosress relocation to cr expans cn n Sal_Lake.City., retain fob. Council. fund ether locate cm expand in_alt Lake City. Funds available for varying circumstances or Three-years operating history showing growth and needs This loan isa smaller amo.:n[with a prohtabllty and three years tax returns-Half of money is smaller term,IOW interest rate and no 1 ixed VOL,' loaned during f, t six months disbumeinert of remainder collateral o•cash requirements.However, A loan for businesses'Ineed o a small are n[o' No longer P. based on performance or first six months Must provide Small Business Micro Loan cash to be usedforst.o I'' cash flow,marketing, Up to$10,020 than 3 None required Ner required borrower must prove that the business has 50.000 between-4 quarterly reports showing how the money was used and ber e`[ted from the portion of funs reduction of business debt,et_ years and+3 how it has impacted the business.Can only ap,oly for and disbursed during the test six month;to receive loan once every three yeas.Personal and receive the balance cf the loan during the business guarantees. second six months. Three-years operating history snowing growth ono Fixed R te profitabilty andthrice y tax returns.Must shm Salt Funds available for established businessesti.move 10%cash or 5 years Prime-1 minimum 25,5 Lake❑t b set_ license,I f location end r:,070 F.s r_- Relocation Assistance loan too new to twithintl [y thosef Up to y1C.,,COu e7 e,[ - ottsdeoft e�t,whoar locating .,tot_aty- 7years bet n loan amo n Jet evidence of City actions.Personal and b n ess on and+. guarantees.Must cre•at_within the city boundaries or loan becomes due and payable. •other Requirements include,in addition to above,submittal of a completed application,financial statement,financial documents,and other items as requested by the loan.co"is tte, ATTACHMENT A: REVOLVING LOAN FUND LOAN OPTIONS , 1am>tlKuee RaLAaevetie �e CaoHaA�al 014a Tarptt REAL ESTATE,CONSTRUCTION,PROPERTY IMPROVEMENTS FOCUSED LOANS Y Improve a current building In a number of To encourage businesses with over 2 years of approved or proposed ways.Must meet operating history $5,000 Personal and business guarantees.This loan assumes a Energy Efficiency Renovation Loan p 6 e In Salt lake Clay to make energy minimum 3 years Fixed Rate minimum 25% None match by the Federal Government.Must became e2 outlined criteria far conservation 250,000 efficiency and conservation improvements to their Prime of loan amount improvements.Options might Include location up to 5100,000 Business. window replacement,Insulation,light fixtures,new hvac equipment. • Must have current business license,must be located on street or within one-half block of construction.In addition to tax returns and financial statements,business must provide one year of bank statements,monthly profit and loss statements,and most current balance sheet. A loan for businesses in an area being adversely minimum 25% Businesses must show they would be profitable without Loan payments are deferred Construct on Mitigation Loan Up to$20,000 5 years 3% None required. until three months after 400,000 impacted by road or transit construction. of loan amount the construction disruption.The Loan Committee may elect to delay disbursement or disburse the funds construction. Incrementally based on the timing of the construction and the financial viability of the company.Borrower must attend a business o'ass at the Dons Bark Resource Center or the Pete Sue:a Resource Center M ax'dnu:n 20-year amo-tted Fixed Pate Must provide add ionalf d n g.Real loans to fill Financing availablepurchase land -I/or loan with Prime i toM. of 10% ' the gap between ana Loan cans _ rvea gap f. no for real estate Rea Estate and New ter s:rt ctor Lean Up to 5100,000 y then n400,000 constructbuilding,a new b d ng,c.tenant improvement; balloon b ct loan andoum ash cr land than 25%o 5100,000 of total rd. r<r ...a related purposes cpayment a, and+3 casts.Personal and business giro a ntees 1_y-., rsaximum Fundsavailablefora business toFixed Rat improve and P'm_+ rr 2 lode cash or e yeasopeat history 5 Bolding Renovation Loan renovate a c nt building.Might coi�rc.de with L to 550,000 10 A real estate loan used to renovate a p yeas e of Ica.amount - p enusguarantees. d y �[ax returns .�,ona.and 25C,000 RDA financing options oe,.,_er n. bus mass owner's prop=rtk. g P and x5 injection bus ess No longer Fixed Rate Storefront Micro Loan Retail presentation,signage,store front Upto$5,000 than 3 Prime+ None required I,o'e re enhancements between-4 quires. Personal and business guarantees- 50,000 years and+3 Other Requirements include,in addition to above,subm ltta:'of a completed appl cation,financial statement,financial documents,and other Items as requested by the loan committee. Total Amount for New Loan Options 5,400,000 Total Amount in Reserves 700,000 Total Amount in Cash Flow 700,000 Total Outstanding Balance 2,7E0,000 RLF TOTAL 9,500,000 ti.41 'Other nequirements include,in addition to above,submittal of a completed appfcator,financial statement,f.nzncial documents,and other gems as noses ted by the loan coin mitten. ATTACHMENT B REVOLVING LOAN FUND ADDITIONAL CRITERIA Eligibility Businesses eligible for the loan program must be a for-profit entity located in Salt Lake City. Businesses that have a loan with the city cannot apply for a new loan until the current loan is paid in full. Businesses who have a loan with the city and have been current on all payments may apply once for one of the following in addition to their existing loan: • Small Business Micro Loan • Energy Efficiency Business Loan • Construction Mitigation Loan • Storefront Micro Loan Loans will not be given to different entities that are related in the same business location and business purpose. For example,when one entity owns a building and another entity owns the business and the principals of the entities are the same or related to the business purpose,only one loan will be considered. Business Plans The following loan options must include a full business plan as outlined in the loan application: • Getting Into Business Loan • Grow Your Business Loan • Existing Business Loan • Business Relocation Assistance Loan The following loan options must include an executive summary, but may be asked for a complete business plan if determined by the Loan Committee: • Small Business Micro Loan • Energy Efficiency Business Loan • Construction Mitigation Loan • Real Estate and New Construction Loan • Building Renovation Loan • Storefront Micro Loan Interest Rates Interest rates will be determined by the RLF Committee based on the current prime rate. Flexibility in the rate allows the program to offer low-interest loans. Origination Fee The origination fee would be increased from 1%to up to 1.5%. Payments Payments on all loans will be automatically withdrawn from the borrowers' bank accounts. ,, Other Fees The borrower is responsible for all third party costs. An applicant is responsible for the full amount of any expenses incurred by the city in preparation of a loan. Collateral The Loan Committee does not require collateral on the following loans: • Storefront Micro Loan • Small Business Micro Loan The following loans require collateral sufficient to secure at least a minimum of 25%of the loan amount: • Getting Into Business Loan • Grow Your Business Loan • Business Relocation Assistance Loan • Energy Efficiency Renovation Loan • Construction Mitigation Loan • Real Estate and New Construction Loan • Building Renovation Loan The following loan requires collateral sufficient to secure at least a minimum of 50%of the loan amount: Amok • Existing Business Loan The City Council will determine the collateral required for the Business Opportunity Loan Fund on a case- by-case basis. Cash Injection To meet the 10%Cash Injection requirement, a Borrower must prove that they have invested a minimum of 10%(of the City's loan amount)using their own funds or equivalent in materials in the business. Any funds used for the cash injection cannot be borrowed funds. Personal and Business Guarantees A!I loans require personal and business guarantees. Those businesses who receive funds from the Business Opportunity Loan Fund may be required to provide personal and business guarantees as determined by the City Council. Financial Documents Applicants must also include financial documents that include personal federal and state income tax returns for the previous three years including all schedules and W-2 forms;for businesses established three years or more,corporate federal and state income tax returns;for businesses established for less than three years, corporate federal and state income tax returns for the years of operation. In addition, for businesses established three years or more, historical financial statements for the previous three years ocw including balance sheets and income statements; and for businesses in operation less than three years, ` historical financial statements for the years of operation including balance sheets and income statements. For all businesses except start-ups, a current interim statement less than 60 days old is required. Three years of business projections is also required for review. Use of Funds Approved uses of the various loan options include: • Acquisition of land and buildings • New construction • Façade and building renovation • Landscape and property improvements • Machinery and equipment • Working capital • Marketing • Business stabilization • Others as outlined in the Revolving Loan Fund Loan Options matrix Uses that are not approved include: • Purchasing land and/or buildings or constructing buildings for real estate investments • Any other kind of investment opportunity • To pay for other business's expenses • To use to expand a Salt Lake City business into other cities • Any use other than a commercial use • Not-for-profit entities Delinquency and Default In the event of delinquent payments,the RLF Committee may elect to negotiate with the Borrower a lower payment temporarily or permanently. If a Borrower is non-responsive and/or continues to be delinquent,the City will proceed with its remedies as outlined in the Loan Agreement. Business Opportunity Loan Fund Up to$2,000,000 has been allocated towards incentives for larger businesses in Salt Lake City. The required information and terms of the loan can be negotiated as is deemed appropriate on a case-by-case scenario and are approved by the City Council. Real Estate and New Construction Loan The purpose of the Real Estate and Construction Loan is to assist in the purchase of land, the acquisition of a building, or the construction of a new building to be used by the Borrower as the primary location of their business. The Loan may not be used for real estate investments,which include a commercial center comprised of numerous pads, unless the Borrower intends to occupy a substantial portion of the space. The maximum term on the loan is a 20-year amortization with a maximum balloon payment of 10 years. The City will loan up to 25%or$100,000 of the total land or construction costs, whichever is less. Borrower must have a minimum of 10%equity either in direct funds or in land. Energy Efficiency Renovation Loan The Energy Efficiency Business Loan will be focused on business and property owners who desire to make energy efficiency improvements to their buildings. The city intends to explore current Rocky Mountain Power and Questar Gas programs to determine how those would function in determining the effectiveness of proposed renovations. Construction Mitigation Loan Businesses affected by road construction,regardless of whether it is a city-sponsored project, may apply for the Construction Mitigation Loan. Businesses must be located on the street or within one-half block of construction to be eligible. Funds are to serve as a bridge for shortfall due to construction. Payments are deferred until 3 months after construction is complete. Applicants must provide three years of operating history including tax returns, profit and loss statements,and balance sheet. Businesses must show they would be profitable without the construction disruption. The Loan Committee may elect to delay disbursement or disburse the funds incrementally based on the timing of the construction and the financial viability of the company. Borrower must attend a business class at the Zions Bank Resource Center or the Pete Suazo Resource Center. Training The Loan Committee may elect to require an applicant, as condition of a loan approval,to attend one or more business classes at any business resource center. Reporting The Loan Committee may elect to require a borrower to submit reports on the effectiveness of the loan and the business'financial status. Salt Lake City Corporation Revolving Loan Fund LENDER CREDIT MEMORANDUM Applicant: The Library Square Foundation for Art, Culture and Science dba The Leonardo Location of Non-Profit: 331 S. Main Street Salt Lake City, UT 84111 Website: http://www.theleonardo.orq/ Date Established: Non-Profit was started in 2002 1 SUMMARY The Library Square Foundation for Art, Culture and Science, dba The Leonardo, is requesting an RLF loan for$600,000. The Leonardo's mission is to fuse science, technology and art in experiences that inspire creativity and innovation in people of all ages and backgrounds. The Leonardo was originally scheduled to open at the old main library building (the Building) in April of 2011. However, construction delays have forced the Leonardo to postpone its opening until October, at the earliest, depending on completion of the Building's ongoing renovation. Consequently, no revenue will be generated by ticket sales until October, creating a cash flow shortfall. 2 PROPOSED LOAN Loan Amount: Applicant is requesting a $600,000 business opportunity loan through the RLF. Loan Terms: 10-year term at 3.25% interest; payments will be $5,863.14 per month. Description of Use Cost Working capital/operations $600,000 City Loan Amount: $600,000 3 CREDIT HISTORY There are no personal guarantees on this loan and thus no credit reports. 4 ABILITY TO REPAY THE LOAN ,0000, A portion of the loan may be repaid through liquidated damages recovered by the City from the contractor currently remodeling the old main library building. It is estimated that up to $300,000 could be recovered as damages caused by the contractor's delays. Additionally, the Leonardo has submitted financial projections that anticipate profitability in the fourth quarter of its fiscal year that starts July 1, 2011 thru June 30, 2012 (FY12), once revenue from ticket sales and fundraising have stabilized. Net income is then projected to jump to $74,830 in FY13 and $306,680 in FY14. It is through these proceeds that the Leonardo will repay the RLF loan to the City. Financial Statements The Leonardo currently as around $700,000 of cash on hand, as well as approximately $1.8 million in other assets. Income Tax Returns The Leonardo has provided Federal Returns/Form 990- Return of Organization Exempt from Income Tax (Returns) for the past three tears. The Leonardo's Returns show the following Revenue Less Expenses for each year: • 2007: ($56,002) Net Assets or Fund Balances at year-end of$2,735,171 • 2008: ($163,225) Net Assets or Fund Balances at year-end of$2,651,037 • 2009: ($257,755) Net Assets or Fund Balances at year-end of$2,950,182 5 COLLATERAL TO SECURE THE LOAN Description Value Amount Available For Collateral Exhibits Applicant Estimate: $1,798,234 $1,798,234 Liquidated Damages City Estimate: $225,000 $225,000 TOTAL $2,023,234 Collateral Summary • The Applicant's value estimate for exhibits is based on price paid. Like inventory, liquid value in the event of default may be as low as ten cents on the dollar, which would equal $179,823. • Rick Graham, who is overseeing the City's construction contract for the renovation, estimates that liquidated damages between $150,000 and $300,000 may be collected. An average of these two is listed. 6 APPLICANT'S MANAGEMENT ABILITY AND BUSINESS EXPERIENCE • The Leonardo currently has 15 individuals on staff plus 4 consultants. • Peter Giles, the Leonardo's Executive Director, has broad experience for this position, having served as Executive Director of the Imiloa Astronomy Center of Hawaii and the Tech Museum of Innovation. • The Leonardo's Board of Directors includes Will West, Maura Carabello, Annette Colton Christensen, Beth Elder, Nick Gibbs, Peter Giles, Brent Godfrey, Camille Guth, Jann Haworth, Mike Levinthal, Dee Mooney,John Richards, Lorena Riffo-Jenson, Allen Roberts, Samuel Straight, Jeffrey Unruth, Ned Weinshenker, Suzanne Winters, Anne- Marie Wright, Marshall Wright and David Everitt. 7 NEIGHBORHOOD IMPACTS OF THE BUSINESS • The Leonardo will occupy the old main library building within Library Square. • The Leonardo will be a destination for people throughout Salt Lake valley, bringing activity to itself and the surrounding neighborhood. • Additional information regarding potential impacts can be found in the Economic Impact Study provided by the Leonardo in Section 4 of their packet. 8 FISCAL IMPACTS OF THE LOAN A. Job creation or retention • Average annual salary of current positions is $52,300. • RLF loan will help the Leonardo to retain at least half of its current staff, if not more. • The Leonardo will add over nine positions over the next several months. • The Leonardo projects that it will add fifteen more positions over the next five years. B. Leverage of Public to Private Funds • The Leonardo has established a strong pattern of private fundraising. FY11's revenue from private contributions and support totaled over $1.5 million. This was 142% of revenue from public funding. • Private funding in FY10 totaled $775k, which was 160% of revenue from public funding. • Private funding in FY09 totaled $602k. C. Impact on the City's tax structure • The Leonardo will not have significant impact on the City's sales tax revenue. THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE, AND SCIENCE z i -y- . . i :,...-.,, - ` r _ -1 LYr.- s..._-<'-� {• 7 .__ .. ,, "� -,•L-` X Fi;is ri:_ r -� .'::_t 0). ':_, ?... __v 1 - - - %` , .!'ors ..- `` ,p. t �.. &' i •a ter?- { 1 RLF Loan Application • • • Section 1 • Loan Request Letter • Application • Hemingway Foundation Loan Terms Section 2 • Business Plan Section 3 • Leonardo Overview/Exhibits Description Section 4 • Economic Impact Study Amok. Section 5 • Board Member Bios Section 6 • Current Year Interim Financial Statements • Statement of Income;Jul 1,2010 thru Apr 30,2011 • Balance Sheet;April 30,2011 • Pro Forma Statement of Income(3 years) • Cash Flow Forecast,2012 Section • Audit Reports • Year ended June 30,2010 • Year ended June 30, 2009 • Year ended June 30,2008 1 July 1, 2011 To: Daniel Velazquez, Small Business Economic Development Manager The Library Square Foundation for Art, Culture and Science, dba The Leonardo,is herewith applying for a loan from the Revolving Loan Fund in the amount of$600,000, at an interest rate of 3.25%, repayable in monthly installments over a 10 year period. On October 20,2009,with mutual agreement between Salt Lake Corporation and The Leonardo, Mayor Becker publicly announced an opening date of April 15,2011. This date was based or.a construction schedule that had the building turned over to The Leonardo by November 2010. The Leonardo budgeted to this timeline, even including several months of contingency funds. The city's contractor moved forward on the renovations. The project schedule slipped several times, until it was no longer possible to open on April 15, 2011 as had been announced. The resulting budgetary impacts to The Leonardo have been significant. To address the situation, The Leonardo has reduced expenses and reallocated funds. Any additional reductions on The Leonardo's part will negatively affect a successful opening. Salt Lake City has been in important partner in bringing the vision of The Leonardo to fruition. The facility is, and will continue to be, an important stimulus to economic, cultural and educational activity downtown. The Leonardo is seeking this loan as a bridge to maintain the integrity of the visitor experience, and ensure our opening is commensurate with the major investment the City's taxpayers have made with the$10M renovation bond. The potential benefits of a successful and sustainable opening and operation of The Leonardo on Library Square are many, both tangible and intangible, in the form of compelling visitor experiences for residents and increased traffic to business in the adjacent areas and the downtown overall. It is to restore the full potential of the economic and educational benefits that The Leonardo seeks now to borrow S600,000. The Leonardo is committed to a strong opening, as well as sustainable ongoing operations. We deeply appreciate the partnership we have had with the City, and look forward to continuing to work together for the benefit of its residents and businesses for many years to come. Thani i for-'our on ideration of our application. I y Peter B. Giles`j Executive Direct°• The Leonardo`" .0444, The Impact of Construction Delays on The Leonardo's Fundraising Efforts On October 20, 2009, Salt Lake City Mayor Ralph Becker, announced via video that The Leonardo would open April 15, 2011, Leonardo da Vinci's 558th birthday. This date was approved by the City's Department of Public Services, and was based on the expectation that renovations would be complete and the building handed over to The Leonardo for exhibit installation by November 2010. Since that time, construction delays have pushed The Leonardo's opening date into the fall of this year. In addition to the obvious loss of summer-month revenues, and the costs of being in pre- operational mode far beyond any reasonable contingency plans, the delay in opening has also impacted our fundraising efforts. Opportunities Missed While The Leonardo has been able to secure the support of some of the most prominent donors in the state, many national, and some local granting organizations only accept applications from operational museums. In addition, most large grants have annual deadlines. The construction delays have tied our hands, stripping us of the ability to pursue these opportunities until some undefined time in the future. Momentum Slowed With a firm opening date of April 15, The Leonardo was able to build momentum by announcing exhibits, partnerships, programs and other significant milestones. This drumbeat of progress paid off. Between October 2009 and early 2011, fundraising momentum picked up, and continued to accelerate through early 2011. However, the"hurry up and wait" mode have been in since that time due to construction delays has significantly slowed our ability to maintain this positive momentum. Amok Credibility Hit Although The Leonardo has no control or responsibility over the renovation process, donors and the general public hold us accountable for the delays. Instead of seeking additional funds from existing donors, and new commitments from first-time supporters, we often spend time explaining why we have not opened yet, and addressing the more difficult question of"when?" While we deeply appreciate the confidence of the giving community, it is unreasonable to expect them to continue to open their checkbooks amidst the uncertainty. Public Involvement Another major impact of the construction delays on fundraising has been our inability to launch a membership program. These programs help build a critical base of grass roots users, members, and supporters that translate into ongoing operating dollars. Besides providing valuable cash, a growing membership is an important indicator to major donor prospects that an institution has strong community support and merits funding. COMPANY INFORMATION Company Name: The Library Square Foundation for Art, Culture, and Science (dba The Leonardo) Contact Person(s): Peter Giles Phone: 801-531-9800 X107 Laura Reid Phone: 801-531-9800 X101 Business Address: 331 S Main Street, Salt Lake City, UT 84111 Mailing Address: PO Box 2129, Salt Lake City, UT 84110 (if different from Business Address) Email: pgiles c theleonardo.org Website: www.theleonardo•orn Type of Business: 501c(3) Non Profit Museum New Business: (not yet opened) Start-up: (less than three years) • Existing: %< (three years cr more) If a New Business,v'hen will the business open? If a Start-up cr Existing Business,when was the business established? 8''512002 Type cf Business Entity: 501c(3) ❑ Corporation Date of Incorporation ❑ Limited Liability Company S Corporation C Corporation ❑ Partnership ❑ Sole Proprietor Employer Identification. Plumber. 48-1268355 Current number of employees: 15 Average salary or wage: $52,300 annual Is the business currently registered as an e2 Business with Salt Lake City's Sustainability Department? No (for more information cn becoming an e2 Business visit www.slcgreen.com) If the loon is approves;: Number of employees to add immediately: 9,5 Number of employees to add ;-'thin 5 years: 15.5 Projected number of employees In 5 years: 40 SALT LAKE CITY II 0 Page 7 COMPANY INFORMATION CONTINUED Complete this section for any person who owns 20%or more of the business. Use additional sheets if necessary. Name: N/A Home Address: Home Phone: Work Phone: Mobile Phone: Email: Position in Business: Percentage of Ownership: Name: Home Address: Home Phone: Work Phone: Mobile Phone: Email: Posion in Business: Percentage of Ownership: Name: Home Address: Home Phone: Work Phone: Mob!e Phone: Email: Positicn in Business: Percentage of Ownership: Name: Home Address: Home Phone: Work Phone: Mobile Phone: Email: Posid on in Business: Percentage of Ownership: Page 8 p SALT LAKE CITY COMPANY INFORMATION CONTINUED • Please complete the following questionnaire. 1. Have you previously received a loan from Salt Lake City? Yes ❑ No [n If so,from whom and for what amount? 2. Did your business make a profit last year? Yes ❑ No 3. Are you current on all business and personal taxes? Yes ® No ❑ 4. Have you or any officers of your company ever filed bankruptcy?If yes,explain below. Yes ❑ No Piq If yes,has the bankruptcy been discharged? Date: 5. Have any personal or business bank accounts had checks returned NS:in the last 3 months? Yes ❑ No El 6. Do you owe any outstanding child support? If yes,explain below. Yes ❑ No 7. Will your credit report show that you have been current with creditors for the past year? Yes r] No ❑ If no,explain below. 8. Have you addressed any derogatory stataments on your credit report? If no, explain below. Yes E No C 9. Are you,any guarantor,or your business involved in any pendingcr current lawsuits? Yes ❑ No XNl If yes,explain below. 10. Do you or any officers of your company have ar:•,'outstanding police,public,cr legal issues? Yes E No [XI If yes,explain below. Explanations Please number your explana`o,s se that they correspond with the items above, Attach additional sheets if necessary. Item tt Explanation SALT LAKE CITY p page 9 LOAN COLLATERAL Collateral is required for most loans. Please review the loan options chart on page 2 for collateral requirements. Description Present Value X Advance Rate I - Amount Owed = , Total Real Property $ x 100% - $ = $ Vehicles(Used) $ x 50% - $ = $ _ Vehicles(New) $ x 80% - $ _ $ Equipment $ x 50% - $ = $ Cash $ x 100% - $ = $ Investments $ x 100% - $ = $ Other(describe) $ 1,798,234 x - $ 0 = $ 1,798,234 Total Collateral $ 1,798,234 Please describe your collateral below. Real Property Aomokk Include a legal description and recent mortgage statement. Street Address,City,State: Street Address,City,State: Vehicles Make,model,year and purchase price(title is required L:pon closing the loan). AmIllek Page 10 �9 SALT LAKE CITY LOAN COLLATERAL CONTINUED Equipment Name,model#,serial#,purchase price and date of purchase or attached paid invoices. Inventor/ Description and number of items,estimated value,and location of items, Other Describe in detail other items you are pledging as collateral. Please indicate value. See attached listing of Exhibits SALT LAKE CITY (Etp Page 11 Exhibits Value Existing Exhibits, Book Value on June 30, 2010 Flight Simulator 230,389 LOW Trailer& LOW Exhibits 21,035 251,424 Exhibits in Progress,to be completed by Sept 15, 2011 Zone 10-Digital Commons 170,110 Zone 11-Innovation Showcase 59,880 Zone 18-Art/Science Install 69,010 Zone 2-Beesley Exhibit/Tanner Atrium 574,540 Zone 4-Center Gallery 174,300 Zone 5- East Atrium Gallery 197,000 Zone 6- Lab @ The Leo 24,220 Zone 7- Projects Gallery 39,560 Zone 8- Human Rights Gallery 23,210 Zone 9-Science Gallery 214,980 1,546,810 Note: This is direct cost of exhibits only. Capitalized costs for development and installation are not included. Total Exhibits Value for Collateral 1,798,234 BUSINESS OBLIGATIONS The following is to review all other business obligations that your company has. Do not include any personal obliga- tions in this section. Those should be listed on the Personal Financial Statement. Use additional sheets if necessary. Creditor: Hemingway Foundation Original Date: 10/31/2007 Original Amount: S500,000 Present Balance: S239,583,50 Interest Rate: 0`/o Monthly Payment: S10,416.66 Maturity Date: 5/1/2013 Collateral,if any: None Status(C or D): Creditor: Original Date: Original Amount: Present Balance: Interest Rate: Monthly Payment: Maturity Date: Collateral,if any: Status(C or D): Creditor: Original Date: Original Amount: Present Balance: Interest Rate: Monthly Payment: Maturity Date: Collateral,i-any: Status(C or D): Creditor: Original Date: Original Amcunt: Present Balance: Interest Rate: Monthly Payment: Maturity Date: Collateral,if any: Status(C or D): Creditor: Original Date: Original Amount: Present Balance: Interest Rate: Monthly Payment: Maturity Date: Collateral,if any: _ Status(C or D): Page 3.2II ; SAI.T LAKE Ury Salt Lake City Revolving Loan Fund Application PERSONAL FINANCIAL STATEMENT Not Applicable As of Complete this form for:(1)each owner,or(2)each general partner,or(3)each limited partner who owns 20%or more interest,or(4)each shareholder owning 20%or more of the stock,or(5)any person or entity providing a guaranty on the loan. Name Business Phone Residence Address Residence Phone City,State,and Zlp Code Name of Business ASSETS (Omit Cents) LIABILITIES (Omit Cents) Cash on hand&In Banks $ Accounts Payable $ Savings Accounts $ Notes Payable&Installment Accounts... $ Accounts&Notes Reneivabla $ (Describe in Section 2) (Describe in Sectior 6) Loans on Life Insurance $ Life Insurance—Ceti'(Surrender Value Only) $ Mortgages on Real Estate $ Stocks and Bonds $ (Describe In Section 4; (Describe it Section 3) UnpaId Taxes $ Real Estate $ (Describe In Section 7) (Des:M.:se nSection4) Other Liabilities $ Automob'Ie—Present VaLe $ (Describe in Section 8) Other Personal Property $ Total Liabilities $ , (Describe in Section 51 Other Assets S Net Worth $ (Describe in Section 6; Total $ Total $ Section 1.Source of Income Contingent Liabilities Sal:ry $ As E^dorser or Co-Maker $ Net Investment Ir,corr e $ Legal Claims&Judgments $ Real Estate Income $ Provision for federal Income Tex $ Other Income(Describe Below' $ Other Special Debt $ Description of Items Listed in Section 1. I Section 2.Notes Payable and Installment Accounts(Including Credit Cards) Original Current Terms I How Secured or Endorsed Type cf Name cfCredi:c Balance Balance PayrnentArteut (Monthly,etc.) 1 Collateral I I oak SALT LAKE CITY ii 0 Page 13 , Section 3.Stocks and Bonds Number of Name of Securities Name of Exchange Current Quotation Date ofQuotation Shares g Market Value Section 4,Real Estate Owned (List each parcel separately. If necessary,attach supplemental sheets and date and sign.) Type of Property/ Title in Date Purchased Original Cost Present Value Mortgage Balance Payment Amt. Address of Property Name of Current?(Y/N) Section S.Other Personal Property (Descrioe) Section 6.Other Assets (Dascrioe) Section 7.Unpaid Taxes (Describe as to type,to whom payable,when d.;e,amount,and If any liens have been filed) Section S.Other Liabilities (Describe) section 9.Life Insurance Held (Give face amount of policies,name of company and beneficiaries) I/\;'e Lero'cy cerify that a.l statements in this application are true and complete and are made for the purpose of obtaining credit.I/We fully understand that it is a federal crime punisnable by fine cr imprisonment or bath to knowingly make any false statements concerning any of the above facts,as applicable under the provisions of Title 18, Uri:ed States Code,Section 1014. I/We authorize and request all persons listed and all credit reporting agencies to furnish Salt Lake City Corporation opinions and credit information c,or a-ectir.g me for this application,and I/we authorize Salt Lake City Corporation to report opinions and credit information on or affecting me to all credit reposing agencies or otner financial institutions,and I/we agree to hold Salt Lake City Corporation harmless from any claims,direct or indirect,that may result from receiving or reporting s'_ch irfcrmation. SignatJra: Data: Srcial Security Number: Signat.,re: Date: Sccia'Socur ty Number: Page 14 0 SALT LAKE CPT' 0,0104, APPLICATION CERTIFICATION Please thoroughly read and sign the following: 1. The Borrower is responsible for the following costs at the time of closing. These costs can be paid in full by the Borrower or deducted from the loan amount: loan origination fee of 1.5%of the loan amount; appraisal cost, title insurance,recording fees,title company closing costs if the loan is being secured by real property. 2. The Applicant authorizes Salt Lake City Corporation to make inquires as necessary to verify the accuracy of the statements made and to determine the Applicant's creditworthiness(including, but not limited to, regular and investigative reports, credit reports, financial statements and other documents submitted by Applicant(s) in connection with this application). The statements made herein are made for the purpose of either obtaining a loan or guaranteeing a loan. By signing below, Applicant(s) understand that false statements may result in forfeiture of benefits and possible prosecution by the U.S.Attorney General(Reference 18 USC 1001). 3. Applicant understands that this completed and signed application is only an application and does not consti- tute a commitment on part of Salt Lake City Corporation to extend credit. 4. The Borrower agrees to comply with Federal and State laws which prohibit discrimination based on race,color, sex culture,social origin,sexual orientation,condition,or political or religious ideas. 5. The undersigned agrees to notify Salt Lake City Corporation immediately in writing if any cf the information contained in this application becomes inaccurate or misleading in any respect. 6. As a condition of considering the application and at any time once the loan is approved,Salt Lake City Corpora- tior anc its agents are granted the right to inspect the business facilities. 7. f the loan is approved,Salt Lake City Corporation may use photographs of facilities in its Annual Report,news- letters,slide presentations,or other materials. S. All information in this application and the attached exhibits is true and complete to the best of my/our knowl- edge and is submitted so Salt Lake City Corporation can decide whether to extend financing to the business. Applicant(s): Guarantor(s): " - __,a___ G `i7-// Signature Date Signature Date Si6t a.t.11r mate Signature Date \ "\%,INN-L, (I)- °'1) Sig ture Date Signature Date Signature Date Signature Date SALT LAKE CITYit 0 Page 15 CHECKLIST Complete the following checklist to assemble items for loan consideration. Required Information Mark When Complete 1. Preliminary Evaluation Approval ❑ 2. Completed and signed pages 7-16 of this application. CI 3. Business Plan ❑ 4. Required Financial Documents c Business tax information El o Personal tax information El c Location SELF-EVALUATION Complete the following evaluation scoring yourself on a scale from 1(lowest)to 10(highest). 1. Does your business have a clear objective and realistic short and long-term goals? Icp 2. Based on tax returns,financial statements, and projections, does your company have the ability to cover all of its business debt obligations? 3. Does your business create or retain jobs? t V 4. Jo you meet the collateral requirements? CI 5. If required, do you provide private investment intoQ. �'�S`' " your company? Z 1 Gt_6 v1 am u q s 6. Does your business meet a need or provide a service that is not currently available in your area? I 7. How would you rate the financial strength of your business? S2 Of the officers, partners,or owners? I 0 8, Does your business plan clearly address your objectives, marketing, management, and financial assessment of the business? Page 16it 0 SALT LAKE CITY • May 12,2009 Robert G. Hemingway Foundation 505 East 200 South,Suite 303 Salt Lake City UT 84102 Attn: Mr. Craig Caviezel Mr. Ben Mates Re: Robert G.Hemingway Foundation Recoverable Grant to The Leonardo Dear Gentlemen: We certainly appreciated meeting with Ben on May 8`1', and subsequent, productive, telephone conversations with your organization. It has been very helpful to discuss developments in our respective organizations and to see how very closely our institutional missions and visions match. We also thank you for your positive reception of our suggestions to modify the terms of our Agreement as contained in your letter to Ms. Mary Tull dated September 30, 2007 ,,_ ("Agreement"). We believe that the conclusions reached during our discussions will benefit both our organizations and help us navigate through what are clearly very trying financial times This letter is intended to serve as a formalization of the modifications we agreed to make to the Agreement. Once signed by your organization, this letter shall become legally binding on both parties and shall be considered an amendment ("Amendment") to the Agreement, as contemplated and allowed by Paragraph 17. of that Agreement, and shall be in full lbrce and effect from the date hereof. The Amendment shall replace in total only Paragraph 2 of the Agreement. All other Terms and Conditions shall remain unchanged: Amended Terms and Conditions 2, Repayment of Grant Funds a. Grantee shall reimburse the Foundation in the amount of$5,000.00 prior to the Foundation's execution of this Amendment. h. Grantee shall reimburse the Foundation in 48 (forty eight) equal monthly installments of S10,416.66 (ten thousand four hundred sixteen dollars and sixty six cents) each commencing July 1,2009. 1 c.Grantee shall make incremental reimbursements to the Foundation in the amount of I0%(ten percent)of any unrestricted donations made to Grantee that exceed S100,000 (one hundred thousand dollars). Such incremental reimbursements shall be applied to the outstanding amount of the Grant in inverse order of the reimbursement installment schedule in Section 2.b. d.No interest shall accrue on funds disbursed on funds disbursed under this Agreement. c.Grantee shall submit to the Foundation payments due under Section 2.a. and 2.b. of this Agreement no later than the fifteenth day of the month following the event(s)which trigger such payments. f.Grantee may prepay outstanding amounts of this Grant in full or in part at anytime,without penalty. Again,we thank you for your cooperation in amending our Agreement and enabling us to move towards actualization of The Leonardo. Sincerely, Alexandra Hesse Associate Executive Director Amendment accepted on behalf of The Library Square Foundation for Art,Culture and Science by; 'Alexandra Hewn Associate Executive Director Amendment accepted on behalf of The Robert G.Hemingway Foundation by: Authorized Qfjic•er Dale Printed Name Tide 2 • September 3ti. 2007 Mai •i tlll The Leonardo in Care 01 SI.('"I'I. 2I() Last-MD South. Suite 14 Salt Lake ('its'. Utah )t4I I I Re: Robert G I lemiuway Foundation Recoverable Grant Dear Ms. I till: It is my pleasure to inform you that the Robert ti. 1-lemingwn. I•I.rundation (the "I"uundation") has approved a recoverable grant.S for the general support of The Library Square I oundatiun for Art. CLOWN,and Science d.b.a. The Leonardo("Grantee"),a Utah corporation recognized by the Internal Revenue Service as exempt from fettersl income tax under Intern,il Revenue ('ode t'1R ")Section 1OI(c)(3)and classified as a public charity under iR(' Section 50 ta)(2). This reek) erable grant. which in total is nut to exceed S52O.00U. is available to he elrtr'\n on to cover nwntlil expenses:is needed in amounts up to S(i:i.O(1 in each calendar month. This letter is legally binding agreement("Agreement"). It will he efiective upon ,, rnik cur"I eceipt in an otiginal of tiis Agreement. signed hw an tanhnrized representative of your rr!''::aai;'micrn. We will arrange her pus went of the grant after our receipt of :I signed original keel';a cans for your files. TLntits arrt) 1 , Use of Funds. Grantee shall use the gram fund:, only fell its general charitable purposes as described in the organizational materials provided by (.irantee to the l•oandati0rr. (tttutlee shall repmm to the Foundation an:, portion of the Brant fund . hich is nut spent flu(_iratrtee's chtsitahl:: putluxtes. _. Repayment of Grant Funds. (_rr:uitee shall reimburse the inundation in hill when till\ one of the folio we inr' events occur: i Salt i.tike t_II1 Corperi'ation ivinibtrrs s I he I.eaiinrrlr, iiw the prl}grrriu line.architectural lee incurred and the S,I O million General ()Ir!ii'altui; beams 1‘: issued. OR ii. 'I he Leonardo receives in cash one or several IIev unrestricted donations for a total amount a: least equal to ti'ti Im.(ttt(I in -,my }o. ki'ii fiscal quarter'. b. Grantee shall make incremental payments in the amount of ten percent of'any new unrestricted donations that exceed$100,000 paid to Grantee from any source in any given calendar month. The total of unrestricted donations received in any month shall not include funds given by the Foundation under this grant agreement. c. No interest shall accrue on funds disbursed under this grant agreement. d. Grantee shall submit to the Foundation payments due under Sections 2a and 2b no later than the fifteenth day of the month following cvent(s)that trigger such payments. c. Grantee may prepay the grant in-full or in-part at any time,without penalty. 3. Repayment Term. If by April 30,2012(the"Repayment Date"),Grantee has not received total gross revenues sufficient to require full repayment of the grant funds pursuant to Section 2.Grantee shall not be required to repay ally further portion of the grant funds as a result of revenues Grantee reports for any fiscal period ending after the Repayment Date. 4. Reporting. Within thirty days after the end of each fiscal quarter,Grantee shall submit to the Foundation a copy of its unaudited quarterly financial statements reflecting Grantee's total gross revenues for that fiscal quarter. For any annual accounting period of Grantee during which Grantee receives,holds,or spends aup of the grant Rinds,Grantee shall submit to the Foundation a copy of Grantee's IRS I ono 990 and any other annual report published by Grantee. Grantee shall submit these report no the Foundation within 90 days after the close of the annual nee ountittg period covered by the reports, ttccardttccpittg. (loi ace shall keep inlet-pane records to substantiate the charitable purposes ses of its expenditures iritm the grant finds.Grantee shill niche its books teal cords pertaining to tic grant find;available to the Foundation at reasonable titles for review and audit.and shall comply with till reasonable requests or the Foundation life iuhbnnatior,and interviews regarding use et-grant funds. Grantee shall keep copies of all bool_s and records related to this grant and ail reports to the knackufuu :.r el least lour\edits.after Grantee has expended tiee last or the grant riots 0. rrohitrited Uses. Grantee shall not use any pnrtior,of hinds granted in a,owner Ittcinsistcnt tvii.li!RC S:cllou initc)f.�).it,.Inding: Irllutmeim_the taneonir many s edit ii,lint!fit vend 'idatcs I t ahli, office.oi- 1,. - , Inducing or encouraging violations of km-or nubile pnlie .of causing an: prirate inurement or improper private b nen'to occur.nr rnl:irnt are nth;,, ;uttiim n1Crgl i delft r.ill'Code Section ct(G). Runty Not Earmarked;Grantee Discretion. Me Foundation is making this grit!!! Ir'eutt'nrt(irar!ee's ch;u sable purposes •n•, l(,tamer ma) ,ipplr ifir'genii thu=.e purpo,_t,n,Grunt,r nt ,te,;Id;'.I hi':pm.; is 11„1 eauu;ut.crl Io; influencing legislation within the meaning of IRC Section 4945(e).and there has been no agreement,written or oral,to that effect between the Foundation and Grantee. Thus,any use of grant funds by Grantee for such activities constitutes a decision of Grantee that is wholly independent of the Foundation. 8. No Pledge. Neither this Agreement nor any other statement,oral or written,nor the making of any contribution cr grant to Grantee,shall be interpreted to create any pledge or any commitment by the Foundation or by any related person or entity to make any other grant or contribution to Grantee or any other entity for this or any other project. The Grant contemplated by this Agreement shall be a separate and independent transaction front any other transaction between the Foundation and Grantee or any other entity. 9. Representation and Warranty Regarding Tax Status. By entering into this Agreement,Grantee represents and warrants that Grantee is exempt front federal income tax under IRC Section 501(c)(3)and that it is not a private foundation as defined in IRC Section 509(a). Such representation and warranty shall continue through the completion date of this grant 10.Notice. Grantee shall give the Foundation immediate written notice of any change in Grantee's tax.excmpt or public charity status. 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Grantee is solely responsible for all activities supported by the grant funds,the content of any product created with the grant funds,and the manner in which such products may he disseminated, This Agreement shall not create any agency relationship,partnership,or joint venture between the parties,and Grantee shall make no such representation to anyone. 13.Further Assurances. Grantee tickttowlcdgcs that it understands its obligations imposed by this Agreement,including but not limited to those obligations imposed by reference to the IRC. Grantee agrees that if Grantee has any doubts about its obligations under this Agreement,including those incorporated by reference to the IRC.Grantee will promptly contact the Foundation or legal counsel. 14.Waivers. The failure of the Foundation to exercise any of its rights under this Agreement shell not be deemed to be a waiver of such rights. 15.Remedies. If the Foundation determines,in its sole discretion,that Grantee has substantially violated or failed to carry out any provision.of this Agreement,including but not limited to failure to make grant repayments when due,the Foundation may,in addition to any other legal remedies it may have,refuse to make any further grant payments to Grantee under this or any other grant agreement,and the Foundation may demand the return of all or part of the unexpended grant funds,which Grantee shall immediately repay to the Foundation, The Foundation may also avail itself of any other remedies available by law, 10.Captions. All captious and headings in this Agreement are for the purposes of reference and convenience only. They shall not limit or expand the provisions of this Agreement. 17.Entire Agreement. This Agreement supersedes any prior or contemporaneous oral or written tmderstandings or communications between the parties and constitutes the entire agreement of the parties with respect to its subject matter. This Agreement may not be amended or modified,except in a writing signed by both parties. IF.Governing Law, This Agreement shall be governed by the laws of the State of California applicable to contracts sobs performed entirely within the State. Please state your organizetioc's fiscal year as indicated below, and have an authorized officer of your organization sign the enclosed original of this Agreement and return it to the Foundation, Please keep a copy of the signed Agreement for your files. You also may want to consult with your accountant andlor attorney regarding the accounting or tax consequences of accepting this grant. On behalf of the Foundation's Board and staff,let me express how delighted we are to support your organization. We wish you every success. Very truly yours, Accepted on behalf.of The Leonardo by: ,1&/ tA 1 LI LJ� --� Date:September 30 2007 Authorized�i�naiur,. Mary Tull U Plaine Executive Director Fiscal year ends:June130 Tide :b!onid/Df.';' Table of Contents Executive Summary 5 1.1 The Leonardo's Purpose and Product 6 1.2 Mission 7 1.3 Timeline 8 1.4 Current Organizational Structure 9 1.5 Governing Board 10 Audiences and Visitation 11 2.1 Market Overview 12 2.2 Audience Groups: Our Tribe 13 2.3 Audience Groups: Schools/Education 13 2.4 Audience Groups: General Family 14 2.5 Attendance Projections 14 2,6 Gallery Size and Attendance 15 2.7 Proposed Admission Pricing 16 2.8 Utah Tourism Statistics 17 2.9 Operating Hours, Admission Rates and Attendance for Utah Institutions 22 Marketing 25 3,1 Key Market Observations 26 3.2 The Leo's Strengths and Weaknesses 26 3.3 Marketing Approach 27 Exhibits 30 4.1 Exhibits Summary 31 4.2 Exhibit Floor Plans, Floor 1 32 4.3 Exhibit Floor Plans, Floor 2 33 Programming 34 5.1 Programming for our "tribe" 35 5.2 Education Programming 36 Field Trips 36 Teacher Development 37 School Outreach: The Leo on Wheels 37 Community Outreach 38 5.3 General Family Audience 39 Development and Membership 40 6.1 Introduction 41 6.2 The Capital Campaign 41 6.3 On-doing Annual Funding 42 6.4 Proposed Membership Categories 43 6.5 Membership Costs and Benefits of Select Utah Attractions 44 Finances and Operations 51 7.1 Revenue Sources 52 7.2 Revenue-,producing Spaces 52 7.3 Operalinci Expenses 56 Y 3 1.1 The Leonardo's Purpose and Product Let's be frank.There is a hunger for a new way of seeing things. Hunger for a new way of learning things and experiencing things.As the world moves forward, there's a need for new interdisciplinary connections—and new kinds of social connections—to be formed and employed to answer big, looming questions.As a global population,we are preparing for jobs that don't yet exist, using technologies that haven't been invented, in order to solve problems we don't even know are problems yet—not just today's big questions. We are living in exponential times that require more than the status quo.According to a recent Newsweek article, for the first time,American creativity is declining. Old rules don't apply. In fact, the old rules can't apply. Our communities—both local and global—need centers for innovation thinking, hubs in the effort to create an ecosystem that supports innovation. The Leonardo answers the clarion call for new ways of thinking. It is a science, technology and art museum that offers visitors new experiences in today's technologies, innovations, discoveries, ideas, and art forms.The museum seeks to inspire creativity and innovation from a broad spectrum of our community, from very different political persuasions. That kind of pioneering spirit is in the Utah DNA.Although The Leonardo's self-selecting target may be defined as "the cultural creatives"—adults, particularly young adults,who arc Amok naturally concerned about the legacy they have been left and the legacy they will leave behind and community members seeking increased cultural opportunities in a burgeoning, revitalized downtown—history has proven that the Utah population is curious, capable, and compelled by ideas that push the human race forward. Through characteristics akin to an informal learning center,The Leonardo will help us grasp the beauty and complexity of the living world,motivate us, give us glimpse of our potential, offer an open forum for deep discussion, and build appreciation for what we have—and what we need to do to keep it. Humans are enormously creative and,when challenged, can reach enormous heights.The Leonardo celebrates the Renaissance master who embodied the human creative spirit and inspires our own exploration of the world, Leonardo da Vinci. Reflecting this heritage, The Leonardo is committed to exploring and connecting science, art, and culture in imaginative ways that can enrich our lives, expand our consciousness, provide high-quality learning opportunities, and improve our community. The Leonardo seeks to offer transformative experiences, to expand and enhance visitors' worldview. The museum's layered approach to learning--exhibits; classes and workshops; lectures; performances;panel discussions; teacher training, onsite field trips and outreach activities; off-site school visits; and, lastly, online experiences via The Leonardo website and other social media sites—encourages interactivity in ways that develop new interpretations of 6 creativity and innovation. By focusing on education versus simply attraction, we offer opportunities to engage in making, thinking, and trying out new ideas, and in learning new ways of doing things.We do this by showcasing cutting-edge art and scientific or technological advances. These experiences form a museum where the whole truly is much larger than the sum of its parts.The Leonardo will be a community: a place to "hang out," to create, to have conversations, to debate and to enjoy.We seek to be a hub in Utah's ecosystem for innovation, supporting the expanding cultural scene in Salt Lake City by allowing visitors to find and ask questions and begin to seek for the answers.We will offer people a bright new sense of career possibilities and, more importantly, of themselves.The Leonardo's role will be to generate new forms of social connections.These strong relationships and dynamic programming will create a sustainable cultural center.We look forward to seeing you at The Leonardo, and hope you enjoy your experiences of beauty, amazement, focus and fun. 1.2 Mission The Leonardo Fuses science, technology and art in experiences that inspire creativity and innovation in people of all ages and backgrounds. 'The Leonardo's mission and brand are under a refresh and tivill be announced prior to n..usenm opening. 7 1.3 Timeline Date Event January 2002 The Leonardo is established as a 501(c)(3) organization to occupy the former main city library building in downtown Salt Lake City November 2003 Salt Lake City residents pass a $10 million bond to renovate The Leonardo building October 2004 The Leonardo debuts The Leo on Wheels educational outreach program, which brings hands-on science to over 12,000 junior high and middle school students throughout Utah each year October to December 2005 The Leonardo hosts Sebastian Salgado's "Exodus", a major photography exhibit chronicling the cultural, health and environmental impacts of human migration February 2006 Salt Lake City confirms The Leonardo has raised $10 million to match the $10 million voter-approved bond September 2008 to The Leonardo brings in BODYWORLDS 3, which attracts January 2009 almost 300,000 visitors, making it the most well- attended traveling exhibition in the city's history June 2009 Salt Lake City releases the $10 million voter-approved bond July 2009 The Leonardo and The Utah Science Center officially merge, creating one organization known solely as The Leonardo Amok September 2009 Renovations begin on the old Salt Lake City Main Library — future home of The Leonardo October 2009 Nobel-Prize Winner Dr. Mario Capecchi announced as The Leonardo's senior advisor April 2010 A. Scott Anderson and Dr. Dinesh Patel are announced as the campaign co-chairs April to June 2011 The Leonardo accepts management of the old Salt Lake City Main Library building, The City's renovations re complete, and exhibit installation begins Late July 2011 The Leonardo opens on Library Square Early History: In the late 1990's, Salt Lake City Corporation ("City") issued a Request for Proposal ("RFP") for the reuse of the old main public library building situated at 209 E 500 S ("Building"). It was determined by City officials that bringing together the Utah Science Center, the Center for Documentary Arts and Youth City Artways, (the "Founding Partners") could best meet the broad public-use mandate that had been envisioned for the Building. The Founding Partners formalized their relationship in January 2002, Articles of Incorporation were executed and the Library Square Foundation for Art, Culture and Science was legally incorporated as a 501(c.)(3.), not-for-profit, foundation which includes the three. Founding Partners, the Salt Lake Public Library, and the Salt Lake community at large. Status of The Founding Partners: Of the original Founding Partners, two elected to become affiliate partners, to work with The Leonardo at will — Youth City Artways and the 04, 8 Center for Documentary Arts. The other, The Utah Science Center, officially merged with The Leonardo in 2009. In August 2010, Youth City Artways closed its operations. The affiliate relationship with The Center for Documentary Arts continues and will provide the opening exhibit in The Human Rights Gallery at The Leonardo, titled "This Light of Ours." 1,4 Current Organizational Structure The result of die affiliate partnerships and the merger was one organization and guiding mission:The Leonardo, a 501(c)3 Sci+Tech+Art museum, was created. It is managed by an Executive Director,Associate Director, a growing team of Directors over Development, Education, Exhibits, Marketing, and Operations and a Financial Controller.A Governing Board oversees the efforts of The Leonardo. • 1.5 Governing Board The Leonardo Governing Board as of March 31, 2011. Officers • Board Chair. Will West, Control4 • President. Nick Gibbs, Rockwell Collins • Vice Chair. Jeffrey Unruh,Alerion Capital • Treasurer. Brent Godfrey, Zions Bank • Secretaiy. Samuel Straight,Ray Quinney&Nebeker Board of Directors • Maura Carabello, Salt Lake County • Annette Colton Christensen, Grant Thornton,LLP • Beth Elder, Salt Lake City Public Library • Peter Giles,The Leonardo • Camille Guth, L-3 Communications • Jann Haworth, Sundance Mountain Charter School • Mike Levinthal, Levinthal Capital • Dee Mooney, Micron Technology Foundation • John E. Richards, Brigham Young University • Lorena Riffo-Jenson,VOX Creative • Allen Roberts, Cooper, Roberts &Simonsen Architects • Ned Weinshenker, Utah State University • Suzanne Winters, Biolnnovations Gateway • Anne-Marie Wright, Merit Medical • Marshall Wright, Governor's Office of Economic Development • David Everitt, Salt Lake Ciry Mayor's Office (Ex-Officio) 10 m 2.1 Market Overview • Audiences constitute the potential public from which the museum expects to draw its visitors.The primary audience for The Leonardo is the roughly 2.1 million people living in the Wasatch Range, comprising the multi-county area surrounding Salt Lake City and Salt Lake County.This resident population comprises the great majority of the State of Utah's population, and Salt Lake Metro area—and the larger Wasatch Range—is one of the fastest- growing population areas in the United States. One of the primary features of recent growth to the area is the number of highly educated professionals who come to work in Utah's burgeoning high tech, biotech, medical tech, aerospace, environmental and other high technology and engineering industries.These highly educated people, their families and friends constitute one of The Leonardo's main audiences. The Wasatch Range population has a much larger family size than other metro areas. Because The Leonardo will likely attract many families, special membership,programming and content may be developed to supplement the needs of our traditional targets. Another important feature of the Wasatch Range population is the broad ethnic diversity, and a growing population.The Salt Lake City—Ogden MSA, which includes Davis, Salt Lake and Weber counties as well as Summit and Tooele County,in the 2010 census, was the 48th Amok largest metropolitan area in the U.S.The growth rate of this region will, over the next 10 years, increase the area's prominence. However areas around this core area are also growing, thus increasing the visitation potential. Salt Lake City offers an encouraging outlook for future museum attendance. For any type of museum, the primary indicator of potential museum attendance is educational attainment. Families with college educations tend to addend museums,while those without tend Co nor visit museums. As indicated earlier, the Salt Lake Metro region population has an extremely high level of'educational attainment,well above the national average. Family income status is also an excellent indicator of museum attendance.The Salt Lake area is rapidly gaining status in terms of family income, which also presents an excellent prospect for museum attendance, And for regional companies who wish to attract employees to the region, museums such as The Leonardo constitute excellent forms of"draw" for prospective employees transferring from larger, possibly more urban areas. For these residents, exhibit attendance is a primary draw if visitors are families. How,vever, for singles, attendance tends to not peak around exhibit attendance, but focus on events, education programs offered at nights anti on weekends, as well as lectures, films or special experiences. The Leonardo's attendance goals are about 7%of the local resident market audience, which is a standard figure for achievable market draw. Salt Lake also receives several million visitors 12 a year; the City and the County are currently engaged in planning and construction of a convention center expansion and a major renovation and expansion of the retail and dining amenities around the convention center.When this construction is complete,The Leonardo will be in an excellent position (less than ten blocks away) to share in the tourist attendance related to the Convention Center's expanded sphere of operations.The Leonardo may be able to attract about 10,000 to 13,000 tourists per year. If the organization is successful, a target of 10% to 13% of The Leonardo's total visitation may come from this tourist audience. The Leonardo's audience also includes school tours on field trips and home schoolers; these tours are held primarily between October 1 and June 1.The Leonardo fills a gap in the market by serving older audiences: children 10 and up, as well as adults. 2.2 Audience Groups: Our Tribe The Leonardo's core audiences can be summarized as follows: • The Aware Young:Age 18-35, college student/graduate and young professionals, tech-savvy (communicate through SMS and social media channels, listen to MP3.s/Podcasts), attend art events and festivals, interested in food, local events, and International/edgy events, and are style-aware • The Responsible/Reliable/Intellectual Parent:Age 30-45, have children age 6-16, college graduates, this group wants to provide educational/explorative opportunities for their children. It may include mammy bloggers or followers, communicates through mobile/SMS/email, listens to public radio (KUER, KCPW, KRCL), is interested in affordable family activities and loyalty incentives, use newspapers online/offline for arts and events • The Cultured Transplant:Age 35-50+, eclectic lifestyle, getting settled and seeking a community.This group also incorporates a love of books, music, and art. This group includes foodics,wine connoisseurs, restaurant-goers, and is interested in personal responsibilities about to the community/environment, This group uses newspapers online/offline for arts and events and is interested in the ideas behind the arts. • The Boomer Traveler:Age 50+, looking for experiences to collect, and for approachably cultural and intellectual attractions.This group is interested in visiting family and friends, book/magazine/newspaper enthusiast, foodie, luxurious lifestyle, 2.3 Audience Groups: Schools/Education The Leonardo's education audiences can be summarized as follows: • Young people ages 10 and up who want to experience the new. This group enjoys hands-on experiences, and has an interest in science, technology, computers and arr. • Educators, particularly in grades 5 through 8 who are looking for ways to increase their professional development, gain new insights into engaging kids in the classroom, and engage their students in new ways outside the classroom, 13 Amok 2.4 Audience Groups: General Family • Families that are looking for fun things to do with their kids and extended family, in all age ranges.Although The Leonardo recognizes it has some natural,core market interest, it is our goal to build long-term, meaningful relationships with the full general community.This audience is particularly important in a highly family- activity-centric state. • Tech-savvy or sophisticated grandparents looking for new experiences to share with their families and grandchildren.They want something that offers fun, talk, personal meaning and family connections. Other,significant audiences are the tourism/convention market, as well as the growing Latino community that is hungry for learning experiences. The museum will offer all of its visitors and members a dynamic exhibit program, engaging classes and workshops, lectures, films, and special events. 2.5 Attendance Projections The Leonardo anticipates about 200,000 visitors in first year attendance, with about 15% of the visits attributed to a`curiosity bump."The following year will see a decline in attendance as the museum approaches normalcy, and we expect to see a steady increase in visitors each year as the musetun becomes known, the population grows, and exhibits change. These projections were based on: AAM, ASTC, and comparable institutions outside of Utah developed by Gyroscope, Inc. (a museum development firm located in Oakland, CA), using 71,000 interior sq. footage for The Leonardo and 24,000 exhibit square footage. Based upon a review of the Utah Museum of Natural History ("UMNH") business plan and attendance comparables, along with audience definition, and a higher value, higher price experience, the attendance estimates for the first three years are: 2011-2012 200,000 2012-2013 175,000 2013-2014 225,000 Specifically these projections are based on the following considerations: • 2011-2012 is based on a first year curiosity bump of 15%, same factor used by Lord Resources for UMNH First year bump. • 2012-2013 is adjusted downward toward the conservative baseline but demonstrates a slight increase based on The Leonardo's exhibit renewal and programming approach. The stabilized annual attendance for UMNH, projected in Year 5, is 170,000. 14 • 2013-2014 is based on a bump of 30%increase for blockbuster attendance,based on The Leonardo's success and experience with the Body Worlds exhibit in 2008 and the estimated bump from Titanic blockbuster (UMNH hosted on Main St) extrapolated to new Rio Tinto building projections. The 2007 Leo plan used 33% above the 125,000 base line, 2.6 Gallery Size and Attendance The Association of Science and Technology Centers(ASTC)provides an annual"state of the science center"report.The ASTC states that a conservative ratio of median on-site visits per interior exhibit square feet for science centers in the U.S.is a multiplying factor of 7.1 times net gallery square feet. For The Leonardo,at 23,000 sf,this means 7.1 x 23,000=163,300 annual visitors. For the first year's visitation,as was mentioned above,standard science-entree planning posits ass attendance premium of an additional 15%over the median attendance. Conservatively,this puts The Leonardo at 187,795 annual regional visitors in the first year. Additionally,The Leonardo can expect to attract approximately a minimum of 51%to 10% of the overall tourist visitation.With about 20 million visitors to Utah each year,it ussr' attract at minimum between 10,000 and 20,000 tourist visitors.Thus,The Leonardo's total first year visitation is likely to be 200,000 visitors ore little more. 15 2.7 Proposed Admission Pricing The Leonardo's target audience is early teen through adult.We need to provide a high-value experience for those audience segments most attracted by The Leo's offerings. Pricing should meet revenue goals, not just for operation, but also to be able to expand and improve offerings to the community— to help support development of Utah's culture of innovation. Membership pricing will be discussed later in Section 5. Proposed Fare Category* Proposed %* Price Full price adult 14.00 34% Senior 12.00 5% Youth 6-17 10.00 15% Child 5 and Under Free 3% Student 10.00 5% School Groups (per student) 5.00 15% Non-School Group (5 or more) 50.00 40/ Each Additional 7.00 Happy Hour (last hour) 7.00 3% Members (4 free visits a year) 5.00 12% Events/rental visitors TBD • Special exhibit fees TBD Comps 0.00 4% The ticket price is usually formulated upon several factors: a. The price of other directly comparable local institutions b. The quality of experience overall, meaning whether the experience promised has been achieved, c. The visitor's ability to interface with a majority, or at least a "sufficient" amount of exhibits during their visit. d, The visitor's perception of value for the ratio between the time spent in the museum and the price paid for the ticket. *At the time of writing, research was still being conducted on fare categories, structure and price.The numbers reflected here might be subject to change. 16 2.8 Utah Tourism Statistics PROFILE OF UTAH TRAVEL INDUSTRY Source:Economic Report to the Governor,2010 Total number of foreign visitors: 2007 730,000 2008 740,000 2009 690,000 Total number of domestic visitors: 2007 19.5 million 2008 19.6 million 2009 18.7 million Trends National trends laigltlight opportunities in key segments of the travel market,including adventure travel,cultural aed heritage tourism,nature based travel,and family travel. UTAH TOURISM STATISTICS Source:Utah State Once of Travel C!-'Tourism Salt Lake Inremational Airport For years 2008—2010,the busiest;tooth for the Si.International Airport was July,wish between 1.9 to 2.1 visitors arriving in that mouth. Statelinc vehicle crossings 2007 24 million 2008 25 million 2009 26 million State park visits 2007 5 million 2008 5 million 2009 5 million 17 .404 National park visits 2007 5 million 2008 6 million 2009 6 million TOURISM BY COUNTY Salt Lake County 2007 2008 2009 Spending by travelers: $3.1 million $3.1 million $2.7 million Regional visitation counts(select): SL Airport passengers 22 million 21 million 20 million Hogle Zoo 954,551 995,688 1 million Church History Museum 209,261 194,459 179,265 Davis Spending by travelers: $511,000 $529,000 $497,000 *wow Region!visitation counts(selec? : Lagoon lid million 1.3 million 1.2 million Antelope Island 281,000 257,000 275,000 Golden Spike NP 44,872 39,995 45,334 Utah Spending by travelers: $728,200 $743,800 $707,000 Regional visitation counts(select): Thanksgiving Point 1.6 million 1.6 million (not available) Wasatch Mountain SP 452,871 312,173 341,881 Deer Creek SP 326,038 260,299 295,993 18 SALT LAKE COUNTY VISITORS Source:SLCVB Wikstrom study,2004(per Eric Thompson,marketing director,stats should still be fairly accurate) Total visitors 9.24 million(highest in five years) Person trips Leisure visitors 6,72 million(73%) Business visitors 2.42 million(27%) Day trippers 4.12 million(45%) Overnight trips 5.12 million(55%) Overnight leisure 3.26 million(35%of total person trips)* Overnight business 1.86 million(20%) Overnight leisure visitors Ages 18-34 50% Avg.household income $5S,170 White collar profession 53% Families 49% Couples 29% Adults traveling alone ;90 Reasons for visiting VFR" 47% Special event 21% General vacation 1790 Other personal travel 8% Getaway weekend 6% Visitinf from Mountain Region 58,3'1 Pacific Region 2S% Top feeder state Utah `9Iomt m itzarbi.^9.rc of v6Paw; Si ay ion:pt,spend n.c_. Frie;Aas:v Relzt[.cs 19 p TOURISM PROFILE Source• Utah Office of Tourism, 2009 Report 2007 2008 2009 Visits by non-resident travelers 20.2 million 20.3 million 19.4 million Visits by int'l travelers 730,000 740,000 690,000 SALT LAKE CITY TOURISM Source:Downtown Alliance, 2007(most recent) Convention attendee room nights: 302,500 Retail spending by convention attendees: $108.25 million Cultural and entertainment attendees: 3.2 million ANNUAL ATTENDANCE AT SALT LAKE CBD CULTURAL & ENTERTAINMENT VENUES Source:Downtown Alliance report `Economic Benchmark for Salt Lake City's CBD, 2007" Top 2007 Attractions Family History Library 567,000 Clark Planetarium 315,000 Discovery Gateway 313,385 Capitol Theatre 217,000 Museum of Church History 209,261 IN-STATE VISITORS Source:Downtown Alliance, 2010 Measure of current levels of interest in,visitation, and awareness of downtown SLC Surveyed sample of adult population throughout Utah Recent downtown visits: 5S% have visited downtown 1-10 times in the last six months Reason for recent visits to downtown: Dining: 40% Shopping: 363 Religious services: 34% 20 • Sporting events: 23% Community events and festivals: 23% Other (includes entertainment, enjoy city,cultural, events, etc.): 18% Nightlife: 12% General interest in visiting downtown Increased 5% in 2010 vs. 2009 Motivations for visiting downtown: Other (includes entertainment, enjoy the city, see what SLC has to offer, cultural events, medical, etc.): 22% Church/religious events/attractions: 11% Shopping: 10% Dining: 9% Barriers to visiting downtown: Traffic congestion:25% Distance: 17% Parking: 12% Most popular events/festivals: Downtown holiday lights 24'h of July Parade Utah Arts Festival Farmers Market Ownership/connection 47%-%strongly or somewhat agreed when asked if they felt they had a sense of ownership and connection with downtown SLC, up from 34% in 2009 Capital city 88% of respondents strongly or somewhat agreed when asked if they felt downtown Salt Lake represented their capital city in a positive way. Support for future development: Public market: 83% Broadway-style theatre: 79% Film and media center on Main Street: 68% 21 2.9 OPERATING HOURS, ADMISSIONS RATES AND ATTENDANCE FOR UTAH INSTITUTIONS- - . -r. �) 1rIs'/tt�OX 1( k}1E41 1nra,..if•)(0)f`1 1t 11.1t'o�lyihdt i lV.bi0. 33 [Pm iJJi 1,1 1 L. 1;,,Iral..1r11 `..._ tlrht(v.1 mt,,,t:t•Jy iL'i j/.vrf:h(1(ftLI_:ith.i,,f-,i[.._..1f7(,Fw 'f_ilrl( _l Clark Planetarium 10:30-10 . 10:30-10 i10:30-10: 10:30-10 : 10:30-10 10:30-11 10:30-11 lael„ Utah Museum of Fine Arts 11-5 'ya a GLsQS�.ED 10-5 10-5 10 5 10 5 11 5 Discovery Gateway 12-6 10-6 : 10-6 10-6 10-6 10-8 10-8 Red Butte Garder. 9-7:30 9-7:30 ; 9-7:30 9-7:30 9-7:30 9-7:30 9-7:30 Museum of Ancient Life(Thanksgiving Point) F�CIOS€Dl 10-8 10-8 10-8 10-8 10-8 10-8 Living Planet Aquarium 11-6 11-6 11-6 11-6 11-6 11-7 11-7 This is the Place Heritage Park 11-4 10-5 , 10-5 . 10-5 10-5 10-5 10-5 €,-.1-;w<<.4„c Springville tvluseum of Art 3-6 F;.CL056D;;71 10-5 10-9 10-5 0-5 10-5 BYU Museum of Art Ff: CLOSEDf= 10-9 . 10-9 10-9 10-9 10-9 10-9 I` c.ian)4Tiolo'f,(t" Z )to i,,f' of 1 To kA 141 o11uK� ( tit. ,.. • • /1'.111(s ..fY_1ilti)r 1--iir1 t1iP ,..Oil)tio lb1iliR {1�;4:.t -,. Clark Planetarium $8 $8 $8 ' $6(<13) $5 matinee before 5pm Free every third Saturday of laah Museum c`Fire Arts $7 $5 Free $5(6-18) Free(<6) the month Discovery Gate.:/3/ $8.50 $6(65+) N/A $3.50 Free(<1)' Red Butte Garden $6.C4 $4(665+) Free $4(3-17) Free(<3) U Faculty/Staff:$e Museum cf Ancient Life(Thanksgiving Point) $10 $8(65+) N/A $8(3-12) Free Living Planet Aquarium 59 $8 $8 $7(3-17) Free(<3),M iitary$3 3 This is t'^e Flare Heritage Par'‹ $5 $3(..5+) $ (3-11) ,Free(<3) Springville Museum of Art FREE BYU Museum of Art FREE Annual Attendance at Selected Museums . In Utah - ' Museum Year Reporting Attendance The Leonardo—Optimal Year 1 200,000 The Leonardo—Expected Year 1 190,000 The Leonardo—Year 2 163,000 Clark Planetarium 2010 350,000 Discovery Gateway 2009 273,644 Utah Museum of Natural History (projected) 200,000 Red Butte Garden 2009 160,000 Living Planet Aquarium 2009 300,000 Thanksgiving Point 2010 1,200,000 This Is The Place Heritage Park 2008 197,233 Springville Museum of Art 2010 90,000 , BYU Museum of Art 2008 342,078 Admissions Rates of Selected Museums,2007-2008 L Out'sldeofUtah. Museum Adult Senior. Student Children Infent, SlSeclal ; Adventure Science Center(Nashville) $12 $9(65+) $9 $9(2-12) Free(<2) Military$9,teachers free Discovery Science Center(Santa Ana) $13 $9.95(3-17) Free Explora(Albuquerque) $7 $5(65+) $3(1-ti) Free(<1) Impression 5(Lansing) $5 $4.50 $5 Pay your age Lawrence Hall of Science(Berkeley) $12 $9(62+) $9 $6 Free(<3) Museum of Discovery(Little Rock) $8 $7(65+) Free(<1) Pay what you wish second Sunday of the month SciWorks(Winston-Salem) $10 $8(62+) $8(6-10) $6(2-5) Free(<2) The Tech(San Jose) $10 $10 $10 $10 Free(<3) Science Museum of Minnesota(St.Paul) $17 $14.50(65+) N/A $14.50(2-12) Free(<4) Annual Attendance at Selected Museums Outside of Utah Museum YeaFReporrting • Attendance.;' Adventure Science Center(Nashville) 2008 140,000 Explora(Albuquerque) 2005 219,378 Impression 5(Lansing) 2008 - 96,000 Lawrence Hall of Science(Berkeley) 2009 350,000 Museum of Discovery(Little Rock) 2009 394,583 SciWorks(Winston-Salem) 2008 60,000 The Tech(San lose) 2010 446,000 Science Museum of Minnesota(St.Paul) 2010 749,619 s IDS l�w/�J�el 1.hillel r(nko3tti tob'l i`d�f,liji('(ol(�a�UC 3rlctlnOCi, 0)9 c9Lk?coa(:NJ1 in1 lki9tilltt)t. .. h),ttl.11 ,.(1,1 Id,1r, si2Y..1111rd11iusl)I,ldrlu kl/ MRkl/ S)u Etl Adventure Science Center(Nashville) 12:30-5:30! 10-5 10-.5 1.0-5 10/�-5 10-5 10-5 Discovery Se'once Cer ter(Santa Area; 11-5 10-5 10-5 10-5 10-5 10-5 10-5 Explore(Albuquerque) 12-6 10-6 10-6 10-6 10-6 10-6 10-6 Impression 5(Lansing) 12-5 10-5 10-5 10-5 10-5 10-5 10-7 Lawrence Ha!!of Science(Berkeley) 10-5 19-5 10-5 10-5 10-5 10-5 - 10-5 Museum of Discover/(Little Rock) } 1-5 .,-5 -5 5 9-5 9-5 9-5 Sci Works(Winston-Salem) t O CLOS .. 10-4 10-4 10 I 10-4 10-4 11-5 Whitney Museum(New York) 11 6 CLOSED C!OSEp) 11-6 11-6 1-9 11-6 SFMOMA(San Francisco) 11.-5:45 1.1.-5:45 11-565. Ct_OSFD 11.8:4S '51-5:45 _: 5:45 The Tech(San Jose) 10-9 10-5 10-5 10-5 10-8 10•8 10-6 MOM6(New York) 1030 ;.3o 10:3C 5 14 CL0_f["1030-1"0 1030-5:59. 1030 9 10.33-531 Science Musa um of Minnesota(St Paull 9:30-7 9:30-7 9:30-7 9:30-7 9.30-9 9:30-9 9:30-9 t f i,A0iimirl Ilf0)of I'L,!ilr v tot `vik yi trf(fvat;tif-irl i.1ill' 1 i '6d'i 41., /k hlt� Y.ui[71 lt'i I i . {(iiilljld lrt Iiiii I.i• `T^'T'-1 :I Adventure Science Center(Nashville) $12 i $9(65+) $9 $9(2-12) ;Free(<2);Military$9 Teachers Free Discovery Science Center(Santa Ana) $13 ; I $9.95(3-17) . Free Explora(Albuquerque) $7 ` $5(65+) ; $3(1-11) Free(<1); Impression 5(Lansing) $5 $4.50 $5 ;Pay your age' Lawrence Hall of Science(Berkeley) $12 ; $9(62+) $9 $6 •Free(<3) Pay what you wish second Museum of Discovery(Little Rock) $8 ; $7(65+) $7(1 12) Free(<1);Sunday of the month SciWorks(Winston-Salem) $10 $8(62+) 8(age 6-10). $6(2-5) Free(<2) Pay what you wish Fridays,6- Whitney Museum(New York) $18 i $12(62+) $12 Free(<19) Free 9pm;$12 age 19 ?_5 Military free,Thursday SFMOMA(San Francisco) $18 $9(620 ? $9 Free(<13) Free ,evenings half-price,first Tuesday each month free The Tech(San lose) $10 $10 $10 $10 Free(<3) MOMA(New York) $20 i $16(65+) ; $12 : Free(<17) Free 'Friday nights 4pm-8pm free Science Museum of Minnesota(St.Paul) $17 $14.50(65+)l N/A '$14.50(4-12) Free(<4) I-' Aillr]nl1l11i/�� -(X0111 to c 11 >i( lik YcIlf o1(ail fit-' (U'JA01t`' j ✓:ailra(Xo((l(cl,l(Uttk ill j fivill-PD 111)- S/t rlitin:)l!1gAt3/tii7:li14:7 1ti; Adventure Science Center(Nashville) 2008 140,000 Explora(Albuquerque) 2005 . 219,378 Impression 5(Lansing) 2008 . 96,000 Lawrence Hall of Science(Berkeley) 2009 350,000 Museum of Discovery(Little Rock) 2009 394,583 Sci Works(Winston-Salem) 2008 60,000 Whitney Museum (New York) 2010 300,000 SFMOMA(San Francisco) 2010 ; 700,000 The Tech(SanJose) 2010 446,000 Science Museum of Minnesota(St.Paul) , 2010 749,619 3.1 Key Market Observations 1. Utah is experiencing significant economic growth, historic immigration, and a physical rebirth of Salt Lake City. 2. Library Square has become a gathering place for cultural events that attract thousands of people annually. The new library, with its groundbreaking patron model and striking architecture,draws visitors from across the state and country. 3. About 75% of Utah's population lives within driving distance of The Leonardo (about 50 miles).Access to our building is becoming increasingly accessible with the expansion of commuter rail lines. 4. Utah's residents are young, family-oriented, and conservative. 'While these factors are often attributed to the influence of the LDS church, these values and priorities are shared by much of the population of all denominations. 5. Utahns are active, enjoy adventure, and seek opportunities to attend downtown festivals, musical events,performances and films. 6. Utahns are not as prone to attend traditional cultural events as you might find in larger metropolitan areas. 7. Utahns are tech friendly and entrepreneurial.They are not afraid to be early adopters of new gadgets and technology. Public policies support both homegrown in imported Aisok science and tech industry. S. Utahns value learning. Students perform well on tests, graduate from high school at a higher than average rate, and go on to college and universities more often that their peers. Parents value places where they can share interesting and fun experiences with their families and expand their experience, knowledge, capabilities and interests. 9. There is an incredibly high demand for rental and events space as Utah continues to grow. Out-of-town conventions and local businesses are hungry for new and unique spaces to hold events. 3.2 The Leo's Strengths and Weaknesses The Leonardo is aware of subjective factors that influence what the actual attendance will be and these should be weighed in evaluating forecasted attendance. Factors that will have a negative effect on attendance at The Leonardo are as follows; • Lack of visible,easily accessible free parking. • Heavy reliance in early years on earned media, social media and word of mouth. • School focus is on middle school and high schools, which are difficult to schedule for field trips; this will moderate the 25% attendance that most museums depend on from school groups. 2 6 • Narrower target audiences compared to say, Discovery Gateway, UMNH, and Thanksgiving Point. Offsetting these negative factors are some significant positives: • Central location in a revitalizing downtown,which includes residential development and proximity to Main Library which is also an attendance magnet • Located in TRAX free zone. • Rotating exhibit and heavy programming plan. • Salt Lake County residents have a higher predisposition to visit museums than the national average. • Beesley sculpture should be a huge draw with major opportunities to convert observers to paid attendance. • The Leonardo is within an hour drive of over 2M people along the Wasatch Pront, and over 1.5M its the Ogden-Salt Lake City MSA,whirls is about a half-hour drive. • Tourism to Utah during the summer and snow seasons is significant. UMNH assumes that tourism will comprise is Itiglter than normal percentage of their attendance. • The increasing State and National emphasis an STEM, creativity and thinking/problem solving skills supports a strong appeal for school and family visits. 3.3 Marketing Approach What you authentically are and deliver:There will be a heavy emphasis on the visitor experience while at the museum.We will build audience loyalty and expand our audience by not simply saving we're different,but being consistently different in meaningful ways.We'll also emphasize on-site communication to meet the ever-growing demand for two-way dialogue and interactivity between organizations and their patrons,especially during visits. The power of programming:In order to build a sustainable model,built on repeat visits, The I sona.do will produce and promote a wide variety of programming that appeals to all out audience groups. A social experience: In addition to the sociality from our programming and exhibits,The Leonardo avill pursue partnerships that increase the level of culture its Utah and create meaningful and fun experiences for our audience,For instance,partnering vyids the Visit Salt Lake Connect Pass,local restaurants,businesses,experts,and other cultists!hubs, Non-traditional media: As a Sci-i'Fech+Art museum, we have the advantage of a core audience that embraces new media and social applications,like Twitter,Facebook,You1'nhe, Foursquare,hlogs,The Leo svcbsite and more. 27 Empower the tribe: By sharing our message with these non-traditional tools and making it easy for our tribe to share our message using these same tools, we increase our reach and loyalty. This includes reaching out to people that create non-traditional media, especially in the Hogging community. Statewide outreach: Help share our education mission, and use communication mechanisms that already exist, beyond the immediately surrounding areas through Leo on Wheels and our website. Earn our media: As a non-profit, we need to spend marketing dollars judiciously and will place a heavy emphasis on earned media through press releases, partnerships, innovations, and events. 28 r1ta�t�1UTaJvsn �s ,rv;:�IJs' t%'fix •kl#i=;F Population(2O09) 1,743,364 . ., ;-+Population(2O09) 555,551 Salt tig a ad111 Ethnwlty(20O9) .White 90.3% Black 2.0% (American Indiar,'Alas:<an 1.1% Asian 3.29E Native Hawaiian 1.4% Hispanic/Latino 16.9% White not Hispanic 74.9% Gender Female 49.4% Male 50.6% Persons Per Household(2C00) 3 Median Income(20O8) $59,168 Persons Below Poverty Level(20O6) 13.8%' Language Other Than English Spoken at Home(2C001 16,2%' Education Level(2O00) •High School graduates 85.8% Bachelor's or above - 27.4% Ethyl city(2009) WhIre 94.7% Black O,8% .Aerericer Indian/Alaskan 0,7% Asiar. 1.51;; NativeHao''aiian 0.6°% Hispanic/Latino 9 9% White not Hispanic 85.4% Gender 'Female 50.3;% Ma'e - 43.7X Persons Per Household(20001 3.59 Median Income(2108) $59,701 Person;Below Poverty Level(2O08) 11.89E Language Other Than English Sooken at Fome(2000) 11.5% Education Level(2O00) High School graduates 90.9°.% Bachelor's or ahoy- Ltlni city(2809) White 94.1 , Black 17% American Indian/Alaskan 1,0'.% Asian 1,416 Native Ha'.valian 02', Hispanic/Calico 16.2"<, _ 'M,Ite not Hispanic 78.9% Gender Fe rnale 49.5% Mole 50.4% Persons Per Household(2110O) 295 Median Income(20O8) '351,413 Persons Below Poverty Level(2008j 10.5r, L angua;e Other Than English Spoken at Ham[(20001 12.6'; Education Level(2000; High School gracuates Bachelor's or above 19.9% 29 4.1 Exhibits Summary The Leonardo differs from traditional museums and science centers,because it is an ongoing platform for changing exhibits.It will not be built around permanent collections or long- term exhibits.Instead it focuses on regularly changing exhibits that are arranged into a group of subject areas that offer insights into contemporary life. The Leonardo encourages its visitors to understand their lives in our rapidly changing world of design,engineering and technology.All exhibits at The Leonardo deal with current issues and advances in science and society,creating a forum for discussion and debate.Exhibits ask questions,offer information,and show visitors new ways of thinking about problems for which we have no answer,and ask about creative perspectives and unexpected solutions. At opening,ten exhibits will be featured in gallery and workshop spaces.Topics range from Susrainability to Mapping,Biofuels to Genetics,and Human Rights to Innovation.The Leonardo's exhibits are designed to present new inventions,technologies and art works that use technology.Most exhibits will be unique,either artist commissions,or created by The Leonardo's exhibit design team,in partnership with other notable institutions,such as the Eccles Institute for I-Iuman Genetics at the University of Utah.All exhibits offer interpretation via labels,videos,audio tours and/or brochures.Floor staff and docents will facilitate exhibit participation,use,learning,and teaching. Exhibits will offer a'layered learning'approach,enabling both novices and advanced learners to engage in meaningful ways.A variety of exhibits will rotate on average every 7 to 8 months,with the exception of Year I,which will see more stable exhibits, Blockbusters:To reach new audiences and increase awareness,The Leonardo is planning on hosting a blockbuster every three to four years. Public Programs:The Leonardo is committed to be`program-heavy.'This creates very dynamic programming that enables us to respond to current topics.Public programs will range from Afrerhours talks to in-gallery talks,from lectures, demonstrations,films and tortes co class-based offerings such as adult education classes,after school programs,material workshops and community projects. School and Teacher Programs:The Leonardo will continue to serve the State of Utah through its outreach program,Leo on Wheels.In addition,we will offer field trips for upper elementary through high school students;summer camps and a teacher training institute.Partnerships with schools and school districts will allow The Leonardo to become s comprehensive resource for Utah's educators,and ass itaportant tenter for teacher training. In addition,The Leonardo has a newly renovated a 186-scat theater on die third floor.The Auditorium,and its adjacent Special Events Space,will be programmed intensively with seminars,leonine:,festivals,conferences and workshops,primarily related to The Leonardo's mission,the exhibits on view,education programs and topical events. 31 s l 4.2 EXHIBIT FLOOR PLANS, FLOOR 1 a , , a f ■ • 1r t }.3 #4 � w I �� ; t• ~�1-�� • a 11 -4P,� Q YYY �-. •- fIi � • '� ; li t1,; •biA„ AL•Ac, ------. 1 ii - .- • icc s f O ;: Luce iii—i t • ` 1 ` .■tf� 'N:: .: i� '::N.. 411110:,,,:k: r __ i en • I F'xt•tfHff[:��TRANC:F O J a a 1-- it z - - h F _ _ E. • 1' .P. + ' f ur Xa ", n • aw Ulu jS2iiViS D. t r, — r. I p c is • W -_ t. I; I.. - i. ._- ..._._____ - 4.3 EXHIBIT FLOOR PLANS, FLOOR 2 " ■ U. ■ ■ R ■ 1 ( le' : 4, • C1 C1 : ■ NJ; i ' ti ir ° f I I :�, ll friu \ �J� i / 1 fit\ (E/f1 1 ( in is l■ l a I im I .E - i 1 • ■ O ! I IX ; I L 1 CC 1 StlIVIS N ti,• ii ■ r — *, a oI I. ■ \I. a G 1 1 1 \I ■ .T�I I■: I I I rx� I k '1 I . .r .I 1 r: `■ r �! • At The Leonardo, you'll be able to participate in any number of our offerings in a robust schedule of programming.Since The Leo focuses on an educational experience model versus that of an attraction model, these on-going offerings are vital to The Leonardo tribe and broader audience and the museum's sustainability as a key cultural center in the community. The Leonardo's programs are integral to transforming the museum experience from observer to collaborator, and prioritizing repeat visits. 5.1 Programming for our "tribe" The Leonardo seeks to become well known in the community as a center for dialog and sharing ideas related to today's society. In a sense,The Leonardo will act as a center in the larger community for discussions,seminars,conferences, and even just introducing new ideas about contemporary life.Programs include the possibility of lectures, films,seminars from well-known experts, and so on.The Leonardo may also offer occasional festivals, opportunities for sleepovers and summer camps (children's day camps), and classes that encourage personal creativity and learning.The Leonardo will be known all through Utah as an amazing, fun resource center for learning, technology, engineering and the arts. The Leonardo's programming really speaks to the museum's primary market. Daytime programs for school groups are curriculum-based, and must be accessible to a wide range of students over an extended period (e.g., an entire school year). However, the Education Programs generally have the opportunity to target more specific audiences, anyone from young hip creatives, the digerati, computer aficionados or nerds, to people interested in the arts, interested in science, interested in social issues, etc. Programming also introduces opportunities to reach several sets of audience age groups.The Leo's classes and programs give all ages, from teens, to young professionals, to seniors, families or single-learners, the chance to interact with the museum in a longer-term way, These programs could be single- day activities or a class that takes place over the course of several weeks. Some of these will be offered to the community free of charge, some will be fee-based, depending on demand, special requirements to offer the programming, and other factors. For c::ample, Leonardo AfterHours is a series of firce, public events that taclde current science and technology topics and their impact on society. Local experts from universities, industry, and government join the public for lively discussions in a laid-back atmosphere. Other programming will include: • Panel discussions • Workshops • Educational lectures, seminars and classes • Lab at Leo programming • Digital Commons programming • Continuing education lectures • Film, dance and theater performances, poetry readings • Culinary programming 35 { fir • Experimental theater productions • Live feeds to science/art events around the world All of these education programs are terrific incentives for community members to expand their commitment to The Leonardo. By providing a broad range of programs,The Leonardo has potential to reach an ever-widening circle of potential members and supporters. 5.2 Education Programming The Leonardo has made great progress in developing curriculum-based education programs. As a start-up,The Leonardo has invested over a year's worth of work in creating a very broad-ranging school education program.The Leonardo has begun to reach out to educators in the community, and is well along the way to success in it education programs.``While the education program planning includes a variety of formats, the curriculum-based education programs will be offered in three primary forms: Self-guided Field Trips, In-Depth Workshops, and Multiple Visits/School Partnerships. FIELD TRIPS Field trips at The Leonardo immerse students in experiences that ask the big questions and rive students a chance to explore what impacts their lives and their world.Through a blend of stimulating science exhibits, awe-inspiring art installations, and hands-on workshops, Amok students develop innovation-thinking skills, find creative solutions and gain new approaches to problem solving. These experiences support Utah State standards for grades 5 through 12 and integrate principles from science, technology, engineering, math, and the arts. At opening, we will offer self-guided field trips where students can move through The Leonardo exhibits at their own pace and in-depth workshops that give students the opportunity to examine in-depth the issues surrounding one exhibit and apply their knowledge of those principles through hands-on activities. Schools can also choose to do both a self-guided field trip and a workshop in the same trip. Self-Guided Field Trips During a self-guided field trip, classes explore The Leonardo exhibits and installations at their own pace, Students interact with cutting-edge exhibits that encourage them to examine the role of science, art, and technology in their lives. Teachers are encouraged to use the provided field trip guides and lesson plans to relate the experience Co what they are Leaching in their classrooms. Sel f-guided field trips last 1 I%?- 2 hours, and schools pay$'.00 per student. In-Depth Workshops During a workshop, students study one exhibit in depth and learn more about the issues related to a specific theme as they develop their creativity and problem-solving skills.After experiencing the exhibit in-depth anti learning about related topics, students develop solutions through hands-on projects anti creative activities. Each workshop lasts approximately 2 hours, and schools pay. 5.50 per student. 36 Multiple Visits&School Partnerships In the future, we will also offer the opportunity for schools to return for multiple visits. In their return visits, students will build upon the knowledge of the preceding visit(s) by deepening their understanding of the subject matter and further develop their creativity, critical thinking, and problem-solving skills. The Leonardo is also pursuing the option of creating partnerships with select local schools. These partnerships would allow for a longer-term, deeper experience in developing problem-solving skills and integrating multiple concepts. These partnerships would include a combination of on-site field trips and activities held at the schools. In addition to the experiences led by The Leonardo facilitators, the classroom teachers at these schools would receive additional training and resources in order to further apply inquiry-based teaching in their classrooms. TEACHER DEVELOPMENT As part of its educational outreach,The Leonardo will also develop a wide variety of resources and programming specifically for educators.This programming is intended to enhance their professional development and give them new insights and resources for educating tomorrow's thought-leaders. Teacher Workshops The Leonardo will teach half and full day workshops throughout the year in various locations around the state. Through these workshops, teachers learn wh;r it is import to help students develop creativity and critical thinking skills to solve problems. Teachers experience hands-on activities and receive supplies and lesson plans to implement those activities in their classrooms. Educator Evenings These regular meetings will give teachers an opportunity to discuss best practices, participate in hands-on activities, and learn from experts in various fields. Educator Resources The Leonardo will also offer additional resources for teachers. These may include classroom kits, online lesson plans, online communities, additional training opportunities, and more. Our goal is to encourage innovative educational approaches which focus on preparing students to become lifelong learners and problem-solvers. SCHOOL OUTREACH: THE LEO ON WHEELS The Leo on Wheels brings hands-on science exhibits and activities to middle schools around the state of Utah.As students explore interactive exhibits, perform inquiry-based investigations, and work in groups to solve problems, they learn science core content while developing creative and critical thinking skills.The Leo on Wheels serves primarily 8th grade science classes, but reaches many age ranges. Programming may also be adapted for other intermediate grades as our programming capacity increases. 3 Duringthe week-longresidency, each student participates in 4 days of inquiry-based cY' p� P Y activities designed to help them discover the important roles that science and creativity play in our lives,Two of these days are led by our trained educators, and teachers are provided with resource kits and lesson plans for the other two days. Each school chooses one of the themes listed below for its visit of The Leo on Wheels. With each theme,students will learn about specific science concepts as they explore our interactive exhibits, perform hands-on investigations, and work in groups to create an invention. • Energy • Forces &Motion • Circuits The Leo on Wheels visits approximately 30 schools each year, serving over 10,000 students annually. It visits every district at least once every three years and visits most districts every year. Thanks to funding by the state office of education and generous private donors, this program is offered at no cost to Utah middle schools. In conjunction with the Leo on Wheels program, the education team sponsors a night of community outreach, allowing families to come and experience The Leonardo in their own community. Education focuses on community outreach through other avenues as well, both Amok at The Leo and out in the community: they participate in classes, presentations and displays and community events or with community organizations. The Leonardo may also offer other programming specific to the education market, including: • Museum-at-night sleepovers • After-school programs • Summer Camps • Teacher development, (including workshops, monthly meetings, and online resources) • Continuing Education COMMUNITY OUTREACH Through partnerships with community organizations,The Leonardo will expand its reach to include a larger audience. We have begun forming partnerships with local organizations and will continue to pursue partnerships with state and national organizations. We will work closely with museums and other educational institutions as well as representatives from underserved communities to bring our programs and resources to a wider audience. These partnerships will help support additional off-site programming including working with after school clubs such as MESA and targeting specific undetserved communities. In 38 addition, we hope to present at local and regional conferences and become a part of an ongoing educational dialogue. Some of the options we are pursuing include: • Conference and Convention presentations o UEA o Home school o USOE • After school programs o MESA Club • Community outreach o Partnership Programs with Schools o Museum Partnerships o Community events o Expos o Education and Industry Councils o Distance Learning • Special interest communities o Native communities o Girls in Science Partnerships 5.3 General Family Audience In addition to the programming listed above that will encompass many members of Utah families, The Leonardo anticipates offering family-specific programming as well. This will allow The Leo to reach younger audiences, with an emphasis on family-group learning, rather than reserving group learning solely for school groups. Much of this programing is likely to be scheduled on Saturdays, but will also be available at other traditional family times over the weekend or on Monday. In addition to family-oriented instances of the programming in Section 5.1, other programming could include: • Dcmo carts in the galley; • In-gallery talks • Scheduled workshop activities in the LAB, and Digital Commons • Birthday parties • Family-centered science and art films, presentations, visitors and productions 39 6.1 Introduction Membership is probably the best way for The Leonardo to regularly achieve its targets for annual operating funds.Membership is also art important indicator of the museum's success in reaching out to the community.Successful membership programs imply a successful, trustful relationship with the regions full spectrum of community members. The motivation for purchasing a membership is usually these primary reasons:For lower level memberships,the motivation is to be able to gain entry on an economical basis,and to show support for what The Leonardo is doing.It is also to encourage respectful participation at The I.conardo's interesting and exciting workshops,events,classes,festivals etc.Once The Leonardo is able to regularly present these events,memberships will be the most cost- effective way to participate.Lower-level members are often invited to general groups and may receive discounts in the gift shop,for classes,lectures,events and festivals. Upper-level"memberships"are really"donor"categories.Donors offer funds in support of the institution;they give as a signal of approval for what the organization is striving to achieve,and they offer funds to help snake this happen.The Leonardo recognizes the nerd to create a feeling of momentum,of a position,and of support for The Leonardc's vision for this group,particularly for individual upper-level members. 6.2 The Capital Campaign Tire Capital Campaign to complete The Leonardo startup funding was officially launched on. October 20,2009. Since that time,a total of$3.5M has been secured against a catpaign coal of$5.27t51. Summary of the Capital Campaign to doe: Source J Number of Gifts Total Funds Secured Gifts 11 $2,425,000 Corporate Funding 215 $1,277,500 Foundation Funding_ 14 _ S517,000 [Government Funding 5 5135,000 �Individual Funding 222 5712,000 t_Opeaniztltion l t n .inf 11.1 $200,000 TOTAL I $5,266,500 Corporate Funding will continue to be the largest t-ource of development revenue for The Leonardo until Tier 1 ZAP hording and national funding sources can he secured,The gifts from corporations come in the form of event,exhibit and program sponsorships;premium corporate memberships,and the occasional permanent naming.Foundation Funding will decrease in amount of total gifts as The 1 canards airs the capital campaign.However, additional funding opportunities will become more available based on our lunacies scope, 41 both locally and nationally.Additional money is assumed from city, county,state or national levels. Individual funding will be a major part of finalizing the capital campaign through individual giving campaigns and premium memberships. Organizational funding is a new category for The Leonardo that will be used to leverage relationships of various organizations like UTC, ACG,Silicon Slopes and others like them, along with colleges and universities in Utah, 6.3 On-going Annual Funding Summary of First year Development Sources: Source Number of Gifts Total Funds Contingency Funds $1,100,000 Corporate Funding 15 $200,000 Government Funding 1 $200,000 TOTAL $1,500,000 Summary of Second-year Development Sources: Source I Number of Gifts _ Total Funds Corporate Funding 15 $400,000 Amok Foundation Funding I 7 $350,000 Government Funding 5 $500,000 Individual Funding 25 $250,000 Organization Funding j 5 $150,000 TOTAL I $1,650,000 4 42 6.4 Proposed Membership Categories To optimize revenue, The Leonardo would like to see at maximum members constitute 12% to 15%of total visitation.At 190,000 visitors, the ideal membership will be about 28,500 members. Proposed Membership Category* Proposed %* Price Single 50.00 26% Dual 75.00 115% Family membership (2 Adults, 2 Youth) 120.00 Large family (5+) +20.00 30% Membership, premium 200.00 11% Membership, platinum 500.00 9% Membership, Friends of The Leonardo 1000.00 6% Renaissance class membership 5,000.00 2.5% Leonardo premier Innovator 10,000.00 .5% Membership 'At the time o<writing, research was still being conducted on membership categories, structure and price. The numbers reflected here might be subject to change. 43 6.5 Membership Costs and Benefits of Select Utah Attractions CLARK PLANETARIUM Benefits of Cardholders • Individual photo 1D member cards • 1 year from date of purchase complimentary admission to documentary program at Planetarium Dome Theatre and IMAX Theatre (excluding Special Engagement programs and Hollywood Films) • 15%discount at concessions/snack counter • 159/o discount in Planet Fun store(excluding telescopes, binocular and accessories) • Discounts on classes, lectures and classroom rentals • Quarterly newsletter • Private "Members Only" events and show previews • Free or discounted admission to over 270 ASTC museums Membership Levels • 849 —Duo Membership (2 cards) • 899 - Family Membership (5 cards) • S 149-Super Family Membership (8 cards) DISCOVERY GATEWAY Benefits of Cardholders • 10% discount at Discovery to Go!Toy Store • 10% discount on Birthday Party Packages • 10°%10 discount on Facility Rental Packages • 10% discount on Clark Planetarium membership package • Member-Only hours every 3"'Wednesday of the Month 9-11am • ASTC Travel Passport Admission—to over 250 ASTC museums • Member discounts on Workshops, Classes, and Events • Exclusive Invitations to Special Events • Additional visitors may be added to any membership package for$20 each Membership Levels (Unlimited Free Admission) • $50/$95 —Six Month and One Year 3-Person Exploration Membership • Added Benefit—3 one-time use guest passes with 1-year membership • $65/$115 —Six month and One Year 4-Person imagination Membership Amok 44 • Added Benefit—4 one-time use guest passes with 1-year membership • $85/$150—Six month and One Year 6-Person Connection Membership • ADDED BENEFIT—6 one-time use guest passes with 1-year membership UTAH MUSEUM OF NATURAL HISTORY (Legacy Membership Program—during transition) Benefits of Cardholders • Free admission to the Museum in the new home from time of opening to expiration date. • Discounted ticket price for the Wild Hearts 13a11—two tickets for$125 each(a$50 savings)on February 12,2011 • Discounts on Spring Break and Summer Camps • Priority discounted ticket purchases for The Nature of Things lecture on March 12, 2011 • Special invitations to family festivals and special events • Ability to lock in"at a Legacy Membership rate for the first year of musette operations. Membership Lr'els • $25--Individual(benefits for 1 person) • ,$35—Duo(bcnef is for e vo individuals living at sane address) • $55—Family(benefits for 2 adu!r,auk;all minor children living as same hasp,or t.., rn 10 grandchildece—a childcare provider may be added at no additional cost) • $250—Patron(all family membership benefits PLUS invitation for two adults to the UMNH Holiday;Party and The Nature of risings Keynote and recognition in the UMNH annual report) • NEW MEMBERSHIP prices ate not k t determined—but a family rretnbcrsirrip is estimated to be S90 RED BUT FI',GARDENS Benefits of Cardholder: • 12 months of Ece admission • Free admission to events and programs such as Free Garden Lectures and Monday Family Nights • Discounts on ConcetsTickets,Lloreiculture Workshops,Lifelong Learning Classes, Rids Programs,Touts and most • Advance notice for the Summer Outdoor Con cm • Ticket purchasing pth-ilrcges for the some r Outdoor Concert Series • 109'o discount at the Garden Gifu Shop 45 • Free admission to our Members Only plant sale dates • Discount Passes • Discounts at participating nurseries and merchants • Free admission to other gardens across the country • Free subscription to the Garden Newsletter, Calendar, Kids Calendar and other Garden printed materials Membership Levels-Mailings, discounts and members only events only apply to cardholder. • $35—Individual—benefits for 1 person (May purchase 2 discounted tickets per concert) • $45 —Duo—benefits for 2 people (May purchase 2 discounted tickets per concert) • $65 —Circle of Friends—benefits for 1 individual plus three guests. (May purchase 4 discounted tickets per concert) • $65 —Family—benefits for 2 individuals plus admission for up to six children age 17 and under. (May purchase 4 discounted tickets per concert) • $120—Contributor—Member benefits for 2 individuals plus six guests. (May purchase 6 discounted tickets per concert) • $250- Forget-Me-Not—Member benefits for two individuals plus eight guests and a special gift. (May purchase 8 discounted tickets per concert) • $500— Blazing Star—Member benefits for two individuals plus eight guests and a , special gift. (May purchase 8 discounted tickets per concert) • $1,000—Avant Gardener—Member benefits for two individuals plus eight guests, plus a special gift and an additional gift membership for a friend. (May purchase 10 discounted tickets per concert) • $2,500—Director's Club—Member benefits for 2 individuals plus eight guests, plus a special gift, and an additional gift membership for a friend and membership into the University of Utah's President's Club. (May purchase 10 discounted tickets per concert) THE LIVING PLANET AQUARIUM Benefits of Cardholders • 1 year of unlimited admission • 10% off gift shop items • 10% of Stingray Feedings ($6/ticket) • 10% oft birthday parties Membership Levels • $23 -adult membership • $19 -children (3 to 17) 46 'THANKSGIVING POINT (Full property and venue specific memberships available) Definition of Benefits of Cardholders • All memberships are valid for one year • Family is defined as two parents and all children 18 or younger living in the same household • Child is defined as 12 or younger • Discounts exclude catering and event concessions • Grandparents and their grandchildren 18 or younger(Grandparent trust be present) Membership levels and Benefits—Thanksgiving Point Property Membership • Free admission to Thanksgiving Point Gardens,Museum of Ancient Life and Farm Country • 10%discount on retail and food property wide • Monthly Thanksgiving Point Gazette • Email Blast • Personalized membership card • 50%off admissions for accompanied guests • Early admission to Thanksgiving Point Gardens • Mammoth Screen Movies$5 per person per movie • $45-senior membership • $45-child membership • $55- individual membership • $100-duo membership • $175-grandparent • $175-family Membership I.earls and lleucf is—Thanksgiving Point Gardens Membership • Free Admission to Thanksgiving Point Gardens • 10%discount on retail and food at the Gardens • Monthly Thanksgiving Point Gazette • Entail Blasr • Personalized membership card • 50%off admissions for accompanied guests • Early admission to Thanksgiving Point Gardens • $25-senior membership • $25-child membership • $35-individual membership 47 II Atookok • $55 - duo membership • $100 - grandparent membership • $100 - family membership Membership Levels and Benefits—Thanksgiving Point Museum of Ancient Life Membership • Free Admission to Museum of Ancient Life • 10% discount on retail and food at the Museum • Monthly Thanksgiving Point Gazette • Email Blast • Personalized membership card • Mammoth Screen Movies $5 per person per movie • $25 - senior membership • $25 - child membership • $35 - individual membership • $55 -duo membership • $100-grandparent membership • $100 - family membership Membership Levels and Benefits—Thanksgiving Point Farm Country Membership • Free Admission to Farm Country • 10%10 discount on retail and food at the Farm Country • Monthly Thanksgiving Point Gazette • Email Blast • Personalized membership card • $20 - individual membership • • $30 -duo membership • $45 -grandparent membership • $45 - family membership THIS IS THE PLACE HISTORICAL PARK Benefits of Cardholders • Unlimited free general admission, pony and mini train rides • Free parking at This is The Place Heritage Park • Personalized Membership Card • Free admission to Baby Animal Days, Mountain Man Rendezvous, Liberty Days, Pioneer Days, Civil War Days, Labor Day Event &Little Haunts • 10%discount for retail shops, birthday parties and day camp • Free daily general admission to the American West Ieritage Center ,001$1, 48 • 25%discount to special events at the American West Heritage Center • Monthly"This is The Place Messenger"newsletter • Invitations to members-only events Membership Levels • $50—Individual • .$60—Single Parent(one adult and children age 18 and younger living at the same address) • $60—Couple • $80—Family(admits two adults and all dependent children trader 1.8) • $90—Family Plus(Family plus one guest) • $80—Grandparent(admits two adults and six grandchildren tinder 18) • $90—Grandparent Plus(Grandparent plus one guest) • $125-Heritage Family Booster(two adults,dependent children under 18,two guests) • Added Benefit—admission to Candlelight Christmas end 10%discount on designated historical building rentals • Heritage Grandparent Booster(too adults,up to six grandchildren under 18,two guests) • Added Benefit—admission to Candlelight Christmas mid 10%discount on designated historical building rcnt!ls SPRINGVILLE,ART MUSEUM Benefits of Cardholders • Personalized member card • Quarterly printed neayslctter • Monthly c-ncwslertcr • 10i5 discount on Museum store purchases • Member shopping days with double discounts • Invitations to mutrum events • Voting privileges for Springville Museum Board of Trustee elections Membership Levels • 520-Senior • •525—Individual • $15—Student • Added Benefit—behind the scenes tours of SMA • $40—Family—benefits for two adults and their children • Added Benefit—selected exhibition catalogue from the SMA stare 49 • $100—Sustaining—all benefits of family membership • Added Benefit—North American Reciprocal Museum benefits at over 350 museums; 15%discount on museum rental and fine art poster from SMA store • $500—Contributor—all benefits of sustaining membership • Added Benefit—private curator-led tour for your group and selected book from SMA store • $1000—Partner—all benefits of Contributor membership • Added Benefit—25%discount on Museum rental • $2000—Patron—all benefits of Partner membership • Added Benefit—invitations to exclusive Museum events • $5000—Sponsor—all benefits of Patron membership • Added Benefit—50% discount on museum rental and 10%discount on exhibition artwork • $10000—Benefactor—all benefits of Sponsor membership • Added Benefit— 1 complimentary museum rental BYU ART MUSEUM Benefits to Cardholders • A subscription to the Museum of Art Magazine and monthly calendar updates • 10% discount on the retail price of merchandise at the Museum Store • 10% discount at the Museum Café, special offers throughout the year • Free admission to the annual Christmas celebration • Free admission to all MOA exhibitions • Invitation to exhibition opening receptions • Art history class for docents and members • Special invitation to members-only events • Birthday coupon for free dessert at the cafe Membership Levels (each level includes the benefits of all preceding levels) • $30—Passport (Senior, Student and K-12 educators) • $50-Passport (includes two adults, and dependent children 17 and younger) • $100 —Silver (complimentary set of MOA notecards and a free poster from every \CIO A exhibition) • $300—Gold (Free catalogue from current MOA exhibition and a discount on MOA venue for receptions, banquets and other activities) • $1000—Platinum (20% discount on the retail price of merchandise at the Museum Store, all catalogues produced by the MOA during the membership year sent to home address, a private curator-led tour on request, and one free use of the Museum Café) • s 50 l 7.1 Revenue Sources • Most science centers and art museums in the U.S. operate using a variety of subsidies From governmental sources, private and corporate.sources, foundation giving and grants as well as endowment returns: • Admissions • Memberships • Class tuition and Fee-based Programming • Special events rentals • Theater space • Lab at Leo workshops • Digital Commons workshops • Development and funding • Board contributions • Grants and foundations • Governmental sources Customarily, no single source provides the majority of funding. Earned income in museums conventionally comes from admission, memberships,class tuition, rentals, etc. and produces approximately 48-50%of all operating expenses.The gap is closed with:Annual gifts, endowment income, Board contributions, grants, planned giving and other public and private fundraising sources. • On the whole, compared to art museums, science centers are usually more dependent upon public giving or governmental line item contributions, while art museums receive a higher share of individual donations. Successful revenue production, via admissions, is dependent upon the size of the exhibit spaces, the style and type of the exhibits, the attractiveness anti relevance of the exhibits and the exhibit turnover frequency. 7.2 Revenue-producing Spaces A basic strategy of The Leonardo is to mitigate operating business risk with a diversified business model centered on efficient admission policies; class tuitions, workshop fees, a modest contribution from retail sales, and catering/convention business. The catering!convention model is of particular importance in this context because it is one of the few components of the business model that operates almost entirely independent of attendance assumptions. Revenue-producing spaces throughout the museum's public areas will allow the museum to earn income while providing maximum access. The Leonardo will be open all year round Tuesday through Sunday with the exception of three holidays: Christmas,Nev Year's Day and Thanksgiving.This is because many holidays will provide maximum visitation potential for leisure-oriented tourists and locals.The revenue-producing areas can be hooked for full 52 occupancy on nights and some days when these spaces arc not needed for museum events and museum fundraisers.Projected fees are based upon local fee structures at comparable museums and public spaces.The following chart outlining the Table of Revenue-Producing Spaces indicates a wide range of potential rental fees. In addition to rental fees for outside events,Museum-catered events offer substantial opportunity for earned income,either through the cafe or food service operation. As a rule of thumb,science center gift shops in a similar size and visitation range tend to gross between$1.60 and$2.00 per visitor annually.Using that benchmark,gross annual revenue from the gift store at The Leonardo could range between$193,000 and$320,000. Special Events Space and Catering Center One of the most exciting spaces in The Leonardo building and perhaps the most important part oIThc Leonardo's revenue planning is the Special Events Space on the west side of the third floor.This top-floor area with terrific views will certainly become a wonderful destination for corporate and for individual events.The space provides exceptional vistas to die City and County Building,Washington Square,use Oquirrh Mountains,as well as the central district skyline on the west and.the State Capitol,Library Square and Ensign Peak on the north. It is situated directly west of the 186-seat auditorium. These two public-event areas are ideal complements to cads other for larger special events, conferences,lectures,films,and small-scale performing arts presentations.On the cast side of the Special Events Space is an outdoor Atrium,which features planter boxes,a reflecting pond and a fountain.In the past,The Leonardo has utilized this Atrium to augment catered events held in the auditorium andlor Special Events Space.The outdoor Atrium is ideal for pre-dinner cocktails,desserts or bares d'oeuvres and mingling on balmy days or evenings. This space will provide an important source of revenue regardless of the vagaries of ticket sales.The museum's renovation of the third floor joined the Atrium into the events area wish the addition of opening"Nana"folding walls on the west and north.These large folding glass walls will encourage interior-exterior events.The City's construction project also extended the Atrium deck to crate a single floor-level. Catering The museum's catering consultant,Culinary Crafts,have suggested catering booking rates that would be roughly twice what this model assumes. I Iowever,The Leonardo is taking a conservative approach to our bookings assumption,based on lessons learned clueing Body Worlds. Catering will be run on the basis of a"preferred,non-exclusive"management agreement with Culinary Crafts,I,LC.Culinary Crafts,seven-time winner of"Best in State,"will assist With management of the area,marketing and booking.They will he given"right of first refusal"or,all catered events.Our agreema:;stipnlares that if Culinary Crafts cannot meet 53 The Leonardo's rental needs, the event will be offered for bidding to a short list of other approved caterers. The caterer will be responsible for set-up and cleanup of catered food and The Leonardo will be responsible for the building security,management of the event, table and chair setup and booking the events. Catering space pricing will include rental of tables,chairs, dais, and AV equipment from The Leonardo.The model assumes that 100%of the room rental fees, equipment rental fees, plus 10%of the caterer's food and non-alcoholic beverage revenues go to The Leonardo. The anticipated food cost is a very modest$20.00 per plate, well below market comparables. Pricing The rates that wcrc utilized for Body Worlds are as follows: Breakfast: $500 Lunch: $700 Weekday dinner: $1500 Weekend dinner: $2000 Holiday dinner: $3000 Non-catered Rental The Special Events Space and the Auditorium will also be rented for non-catered events, for example: conference or convention events.This definition and use can include the Area's use AoPik as breakout spaces or individual classrooms.The pricing assumptions for convention uses are. Entire floor, days $1,800 52 Entire floor,evenings/weekends .,_,500 Half Floor,days $$1,000 Half Floor,evenings/weekends $1,500 Auditorium (weeknight) $1,800 "Taunter Atrium" Catering Area Revenue Projections, 1st Floor In addition to the third floor catering and convention area,special events can be held in various areas of the building.The first floor Tanner Atrium with its high ceilings, prominent art installations, including: "The Dynamic Performance of Nature", and Phillip Beesley's Hylozoic Soil will provide an artistic ambiance unlike any other in the city. Special events hosted in the Atrium will also have access co the patio with views of the sculpture garden and Library Square. Exhibit Catering Area Revenue Projections, 1st and 2nd Floor The first and second floor exhibit spaces of The Leonardo provide multiple opportunities for special events.The Mapping exhibit, the Algae(Bio-fuels Exhibit and the Genetics Exhibit could all host receptions with the added benefit of their unique ambiance.The large I=luman Rights Gallery, with or without the adjoining theatre, could host smaller video screenings and receptions as well. 54 The Special Events opportunities at The Leonardo are extensive and will surely evolve with the changing exhibits and availability of space.'there is also the option of renting out the entire museum after hours or on dark days.Currently the Clark Planetarium rents at$6,000 weekdays and$10,000 Friday and Saturday night.This is higher than the median price for full museum buyout at comparable museums to reflect the use of their IMAX and dome theatres.The Leonardo,with approx.60,000 square feet of exhibits and a full catering/convention operation,could consider a higher price depending on the day or time of year. Cafe Area The Cafe will be situated in the northwest corner of die Main Floor and will offer approximately 1,950 square feet of dining and serving areas.The Cafe will support simple food preparation,service and dining.(Some additional basic prep may be done in the Catering Prep area on level 131).The Cafe area will be accessible to the general public without ticket purchase,via the southern exterior doors fronting on 500 South,in addition to access from The Leonardo's Tanner Lobby.Two cafe restrooms arc located within the Cafe support area.The Leonardo has two primary opportunities 1.Crf`. Currently,it is anticipated that the Cafe will include basic kitchen,a service counter,point of sales station,busing stations,dishwasher,storage,and capacity for approximately 50 diners. Additional outdoor diner seating can be expected,particularly in warmer weather. "Grab-and-go"facilities will also be accommodated within the Café to enable diners to purchase a pre-packaged meal.This will promote some demand from customers with limited time who wish to dine in the Cafe or purchase take-out food. 2.Retell Sales. Placed variously throughout the Cafe area will be displays of Leonardo published materials,books,toys,unique design items,such magazines for sale.The retail saes arc another important aspect of the earned-revenue model for The Leonardo and various options sue being considered in terms of the best operator for this and the Cafe. Retail Sales "fire Leonardo retail store will occupy the northwest corner of she main floor of the building.. With an entrance from inside the lobby and a separate Library--Square entrance,the retail store will be easily accessible to both Leonardo patrons and the general pnblic.Our estimates for retail sales have considered the size of the store,1000 square feet,the estimated yearly attendance of a minimum of 163,000 and a maximum of 200,000. Our retail income estimate is also informed by figures from the 2006 Museum Stare Association Retail Sales Industry Report.The retail induury average for sales pm square foot for science museums is S282,with the median figure at,$195.Sales per visitor at science museums average$2.13 with the median figure at$1.93.These are lower than overall museum industry averages Iteration science center/museum product lines cater more to 55 children.The Leonardo's target audience is older than most science centers and our price points will reflect that. 7.3 Operating Expenses The Leonardo is a fixed cost operation in that there are few operating expenses tied directly to attendance assumptions. Our objective of having frequent change, variety in programming and special exhibits also drives expenses. Building costs such as utilities, maintenance and security will vary little as a function of admissions numbers. Marketing expenses do no:correlate directly with attendance. 7.4 Staffing Currently The Leonardo has 19 existing staffers, plus 4 consultants. The Leonardo will have to expand staffing,either full-or part-time, by as much as double throughout Year 1. In addition,The Leonardo will need about 20 FTE volunteer or intern positions which will require approximately 200 people to fulfill the personnel hours needed for the staff work to be done.These positions may be paid or unpaid. If paid, the funding for some of these positions may come from grants, or outside institutions such as local universities and colleges. In order to achieve success during the two opening months, it is essential that the full component of new positions required to open on Opening Day be hired, fully trained and available for work.The training period for these new staffers varies, but roughly half will require a month of training or more, and the rest will require a minimum of one week's t_ai:ling. The majority of these new positions are required to: a) operate the building b) secure the building and provide a secure environment for all visitors and employees c) clean the building d) offer visitor services , e) provide ongoing support in the galleries or visitor interface and learning experiences f) repair and replace exhibits and public access materials as these features are damaged from public visitation. Additionally, a group of new staffers will be needed to plan, support and present special events for special groups and the general public.Another component of staffers are required to provide information, ticketing, and membership services. None of these positions has been actively required to date because The Leonardo has been in a startup, off-site, non- public existence. Public operations will require a very different level of staffing. In order to succeed, all of these staffers must be ready to handle the hordes of visitors The Leonardo looks forward to welcoming. 56 Board of V Directors Ul Executive Office of the 0 Assistant Executive Director -0 1 I I l I I 0N _ Director of _ Marketing _ Financial Operations IT Education _, Education , Development Director Controller&HR Director — Director Director Exhibits Consultant; Director O Corporate 1 CD - Development _ Graphics Accountant/ Facilities Bookings& p IT — Reservations Design Exhibits CD Specialist Designer Purchasing Mgr. Manager — Consultant Fabrication Mgr. _ Staff Coordinator N _ Membership J Media&Govt. Outeourcod Facilities Mgr. Fee-Based Ed. Exhibits CI) Management i Relations Payroll Niyhts VNkonds — AV —Programs Coord Electronic, Exhibits Technician Repair l Staff 0 Janitorial ; D _ Major Gifts VJebsite Cash Contracts Education DJ Assistant Design — Management Specialist Exhibits PiT Staff () Security = Coord. Education w _ Grant Writer _, Media _ Specialist I PIf intern j Science Gallery Digital Common Lab @ Leorr Contract Coordinator Coordinator Coordinator SecurityContract — Education I j VJnt•or Specialists Floor Staff Floor Staff Floor Staff Visitor Services PIT PIT P/T Mgr. 1 Admissions Staff 5 PIT Phone Operator Events Coordinator I Events Staff 4 RR- __ Volunteer Ut Cnord. V t 7.6 Start-up Expenses Q1FY12 Q2FY12 Q3FY12 Q4FY12 FY1.2Total • Income Ticket Sales 228,240 570,600 532,5601 532,560 1,863,960 Fundraising 741,710 289,610 467,560 542,120 2,641,000 Earned Revenues 9,300 51,900 63,900 63,900 189,000 Memberships 8,300 24,900 24,900 24,900 83,000 Events - 24,000 36,000 36,000 96,000 Programming LOCO 3,000 3,000 3,000 •10,000 Mlsc Income 700 1,050 1,050 1,050 3,850 Total Income 979,950 913,160 1,065,070 1,139,630 4,097,810 Personnel Employee 440,640 471,480 471,480 471,480 1,855,080 7220-Salaries&Wages 386,610 413,640 413,640 413,640 1,627,530 7240-Employee benefits 21,870 23,490 23,490 23,490 92,340 7250-Payroll taxes,etc. 32,150 34,350 34,350 34,350 135,210 Consultant 147,9.90 114,390 108,390 108,390 479,160 7510-Fundraising fees 5,000 - - - 5,000 7520-Accounting fees 16,5C0 16,500 10,500 10,500 . •.54,000 7530-Legal Fees 1,500 1,500 1,500 1,500 6,000 7540-Professional fees•other 62,390 40,590 40,590 40,590 18.1,160 7550-Temporary help-contract 25,550 18,750 18,750 18,750 81,800 7563.Outside computer services 18,000 13,000 18,000 18,000 72,000 7 570-Website Design and Makin 6,000 6,000 6,000 6,00 24,000 8240-Building Maintenance/Janitorial _ 13,050 13,050 13,050 13,050 52,200 Total Personnel 588,630 585,870 579,870 579,870 2,334,240 Non-personnel Supplies 36,600 35,10G 35,100 35,110 142,910 8110-General Supplies 10,140 10,1,10 10,140 10,140 40,560 8111•Shop Supplies 3,000 1,500 1,500 1,5C0 7,5C0 8115-Programming Supplies 3,000 3,00 3,00 4,010 13,010 8130-Telephone&telecommunications 15,750 15,750 15,750 15,750 63,000 3140-Postage&shipping 270 270 270 270 1,080 8170-Printing&copying 1,410 1,410 1,410 1,410 5,640 8130-fools,Subscriptions&ruiereece 150 150 150 150 600 8185-Software Subscriptions 1,380 1,380 1,330 1.3E0 5,520 823E•Supplies for Ouild1n3 1,50D 1,500 1,500 1,50 6,000 Occupant-,and Equipment 66,9C0 55,350 55,350 55,350 232,950 8210•Rent,parking,other occupancy 18,70 8,400 8,400 8,40 43,930 8220-Utilities 33,000 33,000 33,000 33,00 132,00 6240•Building Maintenance/Jar.itoriai 12,00 11,250 11,250 11,250 46,250 8260-Equipment rental 1,500. 1,500 1,500 1,5C0 6,000 6265-Equipment Maintenance 600 600 ECG 6CC 2,400 8230-Auto Repair and Maint 600 600 600 KC 2,400 Travel 33,940 8,940 8,940 13,940 65,760 8312•Education Travel 3,000 3,C00 3,00 3,CCC 12,0W 8315-Consultant Travel 3,000 3,000 3,C00 3,960 12,000 6320-Conferences&meeting: 300 300 3C0 300 1,200 8325-Special Events 25,000 - - 5,CC0 30,000 8333-Auto Mileage&Gas 1,20E 1,200 1,200 1,2C0 4,800 6343-Meals 1,440 1,440 1,440 1,440 5,760 Communication 323,600 120,600 112,600 112,6CC 669,4C0 ' 8570•Advertising Expense 243,000 120,000 112,000 112,00 592,000 1 8571-Communication/Ad Exp 600 600 6C0 610 2,400 Leasehold improvements 75,00 - - - 75,00 Other Expenses 23,740 50,690 48,9C0 47,650 170,980 8520-insurance•non-empioyeu relate 3,000 3,000 3,000 3,CC0 12,0C° 1 8530•Membership dues 440 - 1,250 - 1,690 8560-Bank fees 300 333 300 3C0 1,200 8562-Credit Card Discounts 18,500 45,890 42,650 42,853 150,050 8565•Payroll Fees 1,500 1,500 1,500 1,500 6,CC0 Contingencies 7,500 7,500 7,500 7,SC0 30,00 6590-Other expenses/Contingencies 7,5C0 7,5CG 7,500 7,500 30,00 Fixed Asset Purchases 78,370 9,0CC 9,00D, 9,00 105,370 Computer Equipment 19,CCO 9,0CC 9,005 9,CCO 46,00 Furniture,Fixtures,&Equipment 49,370 - - - 49,370 inventories for Sale 10,00 - - - 10,CC0 Exhibits (_^ 94,380 75,000 75,000 75,0CD. 319,380 Total Non-per 665,030 362,180 352,390 357,150 1,736,750 Total Expense 1,253,660 948,050 932,260 937,020 4,070,990 ao.94%, Net income (273,710) (34,690) 132,810 202,610 26,820 'At the time of writing,these numbers were still under consideration by Tito Leonardo Finance Committee and may be subject to change, 58 A.1 ATTENDANCE COMPARISONS This data is From the Association of Science and Technology Centers Members'Survey 2009. A.1.1 ATTENDANCE ON-SITE AND OFF-SITE,U.S. 25th 50th 75th Total percentile percentile percentile (mean) On-site,2009 63,801 152,246 400,250 43,905,658 Off-site outreach,2009 4,415 16,343 36,554 3,937,019 A.1.2 STUDENTS SERVED IN SCHOOL GROUPS,U.S. 25th 50th 75th Total percentile percentile percentile (mean) On-site,2009 11,273 26,631 57,800 5,153,519 Off-site outreach,2009 2,282 8,313 126,732 2,900,495 A.1.3 PAID ON-SITE ATTENDANCE,OVERVIEW Previous FY Most recent %sheetin %showinn 81,remaining (median) FY(median) increase decrease the same Science Centers 254,433 257,826 56.8% 43.2% 0% Large institutions 784,268 600,000 40.5% 59.540 0% $2.5-$6.5 million operating 189,994 193,167 439% 53.7% 2.4% expenses A.1.4 PAID ON-SITE ATTENDANCE,U.S. Previous FY Most recent %,showing %showing %remaining (median) F1'(median) increase decrease the same All U.S.Science Centers 198,244 203,882 55.0% 45.0% 0% Large institutions 608,467 551,513 32.3% 67.7% 0% $2.5-$6.5 million operating 194,178 203,882 42.4% 54.58', 3.0% expenses A.1.5 OFF-SITE ATTENDANCE,U.S. Previous FY Most recent Su showing Ye showing ao remaining (median) FY(median) increase decrease the same Science Centers 15,824 17,595 40.4% 51.9,1U 7.7% Large institutions 45,217 34,890 27.3% 68.2% 4.5% $25-$65 million operating 18,257 21,111 55.6%5 40.7% 3. 5 expenses t A.1.6 STUDENTS SERVED IN SCHOOL GROUPS ON-SITE, U.S. Previous FY Most recent %showing %showing %remaining (median) FY(median) increase decrease the same Science Centers 29,200 45,115 45.8% 54.2% 0% Medium-size institutions 34,739 31,551 36.4% 63.6% 0% $2.5-$6.5 million operating 39,060 33,203 30.3% 69.7% 0% expenses A.1.7 GROSS BUILDING SIZE Sizes in square feet 10th 25th 50th 75th 90th percentile percentile percentile percentile percentile (median) Science Centers 13,000 40,000 92,500 207,750 388,370 Medium-size institutions 54,100 65,000 87,520 132,786 205,894 Large institutions 101,357 166,993 270,106 412,454 876,859 52.5-56,5 million operating 31,219 52,865 77,500 112,000 150,000 expenses A.1.6 INTERIOR EXHIBIT SPACE Sizes in square feet 10th 25th 50th 75th 90th - percentile percentile percentile percentile percentile (median) - - Science Centers 6,300 15,000 32,292 65,000 136,702 Medium-size institutions 26,910 30,000 35,000 43,303 45,000 Large institution 60,000 64,585 85,461 147,100 330,000 $2.5-$6.5 million operating 9,086 19,100 30,168 43,677 59,812 expenses >$6.5 million operating 29,062 43,020 64,759 111,902 215,000 expenses A.1.9 TEMPORARY/TRAVELING EXHIBITION SPACE Sizes In square feet 10th 25th 50th 75thpercentile percentile percentile percentile percentile (median) Science Centers 2,000 3,000 7,200 14,000 24,230 Medium-size institutions 1,587 2,777 6,250 11,000 17,602 Large institution 4,400 6,750 12,439 21,850 50,116 $2.5-$6.5 million operating 1,500 2,054 4,402 7,050 11,964 expenses . >$6.5 million operating 4,350 7,023 12,439 21,260 30,313 expenses i A.1.10 ON-SITE VISITORS PER INTERIOR EXHIBIT SQUARE FOOT Visits per Extrapolated to gallery 23,000 sq ft exhibit SF (median) All U.S.Institutions 6.8 156,400 All U.S.Science Centers 7.1 163,300 Large institutions 6.6 151,800 $2.5-$6.5 million operating 6.8 156,400 expenses A.1.11 ON-SITE VISITORS PER FTE EMPLOYEE Visits Extrapolated to 48 per FTE employees employee (median) Science Centers 4,052 194,496 Large institutions 4,101 196,848 $2.5-$6.5 million operating 3,830 183,840 expenses A.2 U.S. SCIENCE CENTER EDUCATION PROGRAM COMPARISONS From the ASTC members' annual survey, 2009. A.2.1 EDUCATIONAL PROGRAMS, OVERVIEW Percent of science centers with education program type Classes and demonstrations 90.5% Workshops/institutes for teachers 83.9% School outreach 82.7% Field trips 80.4% Curriculum materials 74.4% Science camps 68.5% Programs for home-schoolers 61,9% Camp-in programs 59.5% After-school programs 51,8% Science kits 43.5% Youth employment programs 39.9% "N Programs targeting senior citizens 36.3% None cf the above 2.4% A.2.2 U.S. SCIENCE CENTERS WITH SCHOOL-RELATED PROGRAMS Classes and School Workshops/ Field trips Curriculum Programs demonstrations outreach institutes for materials for home teachers schoolers All U.S.Science Centers 92.8% 80.4% 89.7% 77.3% 72.2% 62.9% Medium-size institutions 92.0% 80,0% 88.0% 76.0',' 80,0% 52.0% $2.5-$6.5 million 95.2% 85,7% 88.10,5 85,7% 78.6% 59.5% operating expenses A.2.3 U.S. SCIENCE CENTERS OFFERING OTHER EDUCATIONAL PROGRAMS Science Camp-in After-school Science Youth Programs Camps Programs Programs kits employment targeting programs senior citizens All U.S.Science Centers 73.3% 65,9% 55.6% 41.5% 38.5% 40.7% Medium-size Institutions 64.0% 56.0% 42.0% 46.0% 34.0;) 40,0% $2.5-$6.5 million 66.7% 71.4% 54.8% 45.2% 38,1% 40,5% operating expenses - A.2.4 NUMBER OF STUDENTS SERVED IN SCHOOL GROUPS ON-SITE,U.S. PreviousFY Most recent %showing %showing %remaining (median) FY(median) Increase decrease the same All U.S.Science Centers 29,200 45,115 45.8% 54.2% 0% Medium-size Science Centers 34,739 31,551 36.4% 63.6% 0% Science Centers with$2.S-$6.5 39,060 33,203 30.3% 69.7% 0% million operating expenses B.1 AAM ACCREDITATION The Leonardo believes long-term success will soon require accreditation by the American Association of Museums(AAM). There are two major benefits to being accredited by the American Association of Museums.The first is the result of the rigorous institutional self-study that the association requires the Museum to com- plete.In the words of the association,"The self-study is a challenging internal examination...designed to gather detailed information about all aspects of the Museum's operations,mission[and]goals" Completion of the self-study will give Leonardo the opportunity to strategically examine its mission, governance,collections management strategy,interpretation and exhibition programs and its finan- cial administration during the Museum's formative years. After Leonardo is accredited,its newly enhanced stares will case fundraising and institutional col- laborations.In two years the Leonardo will be able to participate in the AAM Museum Assessment Program(MAP).The MAP program is the first stage in the AAM accreditation process. The AAM Accreditation process generally takes three years to complete,and the Museum must have been open to the public far at least two years before beginning the process.Further details on the ac- creditation process can be found in this chapter. 6.2 AAM MUSEUM ACCREDITATION CRITERIA& CHARACTERISTICS Achievement of accreditation by the American Association of Museums is the field's primary ve- hicle for quality assurance and public accountability.The process provides a thoughtful framework, through self-study and peer review,for assessing how well a museum meets current standards and continues to engage in institutional improvement. The structure and approach of the AAM Accreditation Program allows for considerable variation among museum types and sizes.Museums of all types,including aquariums,art museums and art centers,children's museums,history museums and historic sites,natural history museums,nature centers,planetariums,science and technology centers,and zoological parks,whether they arc pri- vately or publicly funded,are accredited by the AAM. ELIGIBILITY CRITERIA FOR PARTICIPATING IN THE ACCREDITATION PROCESS To participate in the American Association of Museums'Accreditation Program,a museum must: 1. Meet the following definition of a museum: • be a legally organized not-For-profit institution or part of a not-for-profit institution or government entity; ''m1, • be esseurially educational in nature; • have a formally seated mission; • with one full-tithe paid professional staff person wito has museum knowledge and experience,and is delegated authority anti allocated financial resources sufficient to operate die museun;effectively; • present regularly scheduled programs and exhibits that use and interpret objects for the public according to accepted standards; • have a formal and appropriate program of docume oration,care,and use of collections and/or tangible objects; • have a formal and appropriate program of maintcuancc and presentation of exhibits. 2. Meet the following operating criteria: • have beets open to rho public for or least two years; • be substantially open to the pubic(at least 1,000 hours a year); • have ass appropriate annual operating budget(at least$25,000); • have accessioned SO percent of thr.collection; • can demonstrate.the characteristics of an accredirrhiemuseum(see below). ..,, Some institutions may meet the essence of the eligibili criteria but not precisely fulfill one or more of them.In recognition of the diverse nature and goals of museums,AAM encourages institutions to consult with accreditation staff about their special situations before beginning the accreditation process. The staff will be glad to discuss the practical application of the criteria, II. CHARACTERISTICS OF AN ACCREDITABLE MUSEUM One of the objectives of the AAM is to articulate,promote,and disseminate information on stan- dards and best practices in the museum field.'This standard setting role of the AAM is carried out through the Accreditation Program.the program's purpose is to reflect,reinforce,and promote the best practices in museums and the strictest accountability to the public they serve,while recognizing excellence within the museum community. AAM accreditation signifies that a museum voluntarily engages in ongoing self-examination and uses the results of rigorous self-study and peer review to improve its programs and operations.Accredited status provides credible evidence that the museum not only fulblls its purpose and attains the goals that it proclaims in its mission,but does so in accordance with the highest professional practices and standards. However,there is no single set ofttandards—such as a fixed,concrete checklist of specific criteria— against which snuseurns are measured for accreditation.Indeed,there cannot be,for museums in the United States are remarkably diverse in terms of discipline,size,collections,financial,human,and physical resources,and governance structure.Recognizing that resources and emphases of individual museums vary greatly,and that standards arc continually rising and changing,the Accreditation Commission has,thus,refrained froth.issuing a defining set cofstandards Instead,the Commission articulated the`Characteristics of an Accreditable Muse iesn"(see below)as a set of-guidelines that reflect high standards of operations and vrluch are used to evaluate a museum for accreditation.Its conjunction with these guidelines,two core questions guide every accreditation review: 1. flow well does the museum achieve irs stated mission;sad goals? 2. How well does the museum's performance meet standards and practices as they are generally understood in the museum field? These questions,along with the`Characteristic;,"shape boils the Accreditation Commission's delib- erations and the Visiting Committee's on-site evaluation and recom m.endation.'Ilse Accrecliiatio_: Commission and the Visiting Committee are then able to evaluate the museum within tine context of the institution's unique situation and its utilieatioa of available resources(human,physical,and financial)and collections. The following Characteristics of an Accreditable Museum reflect the core values and concepts of the AAM Accreditation Program: Mission An accreditable museum has a clear sense of mission and organizes its governing authority,staff, financial resources,collections,public programs,and activities to focus on meeting its formally stated mission. Governance • The governance structure and process effectively advance the museum's mission. • The governing authority and staff have a clear and shared understanding of their roles and responsibilities. • There is current and appropriate evidence of planning for the museum's future. Collections Stewardship (See also the Accreditation Commission's(Expectations Regarding Collections Stewardship) • The collections andlor tangible object,are appropriate to the mission. • The collections are effectively man-aged,houses':,secnited,documented,and conserved. Interpretation and Presentation • The museum's public programs,collections,and exhibitions effectively advance the mission. • The museum's public programs and exhibitions effectively use ideas,concepts,and objects to provide opportunities for'leae tiug and enjoyment. • The museum's public programs and exhibitions are informed by appropriate research nod are effectively presented. • The museum effectively identifies and knows the characteristics of its existing and potential audiences. • The museum effectively involves its audiences in developing public programs and exhibitions. • The museum effectively evaluates its programs and exhibitions. • The museum effectively communicates with the public about its programs and exhibitions. • The museum's research activities arc conducted according to appropriate scholarly standards. Administration and Finance • Leadership is in place to develop and manage plans and processes to assure that the museum acquires,develops,and allocates its resources in a way that advances the museum's mission and sustains its financial viability. • The museum's staff have appropriate education,training,and experience. The Accreditation process is predicated on the expectation that each museum complies with all local,state,and federal laws,codes,and regulations applicable to its facilities,operations,and administration.These laws include,but are not limited to the following:the Americans with Disabilities Act(ADA);Equal Employment Opportunity(EEO);and Native American Graves Protection and Repatriation Act(NAGPRA). III. SELF-STUDY The accreditation process is built largely around institutional self-study as both a tool for accreditation purposes,and as stimulus for on-going growth and assessment afterwards;as the initial step in the accreditation process,all institutions are required to complete and submit an Accreditation Self-Study.The Self-Study is a challenging internal examination consisting of a lengthy questionnaire,supported by a number of required documents.It is designed to gather detailed information about all aspects of the museum's operations,mission,goals,and in order to demonstrate than the museum meets the eligibility criteria and the characteristics of an acereditable museum.The self-study period is one year. A.QUESTIONNAIRE All museums will be asked to answer a series of questions in the following areas: • Museum Profile(general information about the museum) • Background(operational arid programmatic history) • Governance • Collections Stewardship Scope of Collections Collection;Management Preservation and Conservation Us;:ofObjecns and Site Developccnt • lntecprctation and Presentation Education and Research Exhibitions Public Programs Publications and Other Merlin Use of Interactive and J mergin7 Technologies ivlarlcth in and Public Relatio:s • Administration and Finance Staff Volunteers Membership and Affiliate Organizations Finances Ancillary Activities Physical Facilities Safety and Security B.REQUIRED DOCUMENTATION The following documents must be submitted with the completed self-study.It is assumed that all documents submitted ate current and have been approved by the museums governing authority where necessary and appropriate. • Mission statement:View the Accreditation Commissions Expectations Regarding Institutional Mission Statements. • Articles of Incorporation,charter or enabling legislation • Bylaws or constitution • Statement of permanence(applicable only to museums that are part of other organizations which do not have museum management as a primary purpose in their governing authority or organisational documents):View the Accreditation Commission's Expectations Regarding A Resolution of Permanence. • List ofcurrcns remembers ofgovcrning authority,with their affiliations • institutional code of ethics for staff and governing authority:View the Accreditation Cort:ntissiotis Expectations Regarding an Institutional Code of Ethics. • Written evidence of rite delegation of authority for day-to-day operation of the museum to dte museum director(or the equivalent position):View the Accreditation Commission's Expectations Regarding Delegation of Authority, • Documentation of future institutional plans:View the Accreditation Commission's Expectations Regarding Institutional Planning. • Collections management policy(acquisition,accession,deaccession,disposal,loans,both incoming and outgoing,conservation) • Sample copy of completed accession record • Sample copy of completed catalog record • Sample copy of completed inventory record w+�. • Sample copy of completed deaccession form • Sample copy of completed loan agreement form • Sample copy of completed condition report form • List of published research results from the past five years • List of long-term exhibit installations with titles and dates • List of temporary exhibitions shown during the past five years • List of traveling exhibitions organized by the museum during the past five years • Sample materials that illustrate the range of educational programs • Most recent program calendar • List of museum publications for the past five years • Samples of selected publications • Organization chart Cr the museum • Liar of principal professional and administrative staff with salary ranges • Position descriptions of principal professional and administrative staff • Current resumes for principal professional a:id administrative staff • Personnel policies • Printed descriptive material pertaining to membership program • Bylaws for each affiliate organization • Copy of IRS notification:of tax-exempt status far each affiliate organization • Printed descriptive material pertaining to activities of affiliate organizations • Printed descriptive material pertaining to activities of each subsidiary • Copy of IRS notification of museum's tax-exempt status; • Current year operating and non-operating budget • Audited financial statement or unaudited year-end fiscal reports fif audited not available) • Annual report(if available) • Emergency plan(addressing emergency incidents and policies and procedures ensuring- disaster preparedness for staff,visitors,and collections) • Photographs(S"a 10",labeled and dated) • grounds and exterior elevations • interiors,including:classrooms,sales areas,and other public areas • on-site storage areas • off--site storage and all other off-site facilities • galleries and exhibition areas(in sufficient detail to depict typical exhibition and interpretive techniques representative of both permanent and temporary exhibitions) • laboratories • mechanical rooms • offices • workshops • representative o'o)ects from the museum's collections • Site map or floor plan(if available) IV. PEER REVIEW 'The process of self-study is balanced by peer review.As part of the accreditation process,all muse- urns'mist also undergo an on-site evaluation by a Visiting Committee.The Voicing Cotmnitree usually consists of two members drawn from a roster of over 100 museum professionals who hive direct experience with the accreditation process and who are conversant in standards throughout the field.During the visit,the Visiting Committee will verify that the museum's operations and prac- tices reflect those described in the self-study,gather new information,and seek clarification of facts, The Visiting Committee submits a narrative report to the Accreditation Commission based on their observations and crakes a confidential and advisory recommendation to the Commission regarding accrediratlon. V. ACCREDITATION The Accreditation Commission makes the final decision on whether to accredit an institution,based on the content of both tire self-study and the Visiting Committee report.Accreditation affirms a museum's execlleuce in public service and accountability,and signals a commitment to continuing institutional improvement and change.Accreditation is a dynamic process that does not conclude with the Commission's decision.Once accredited,all museums are expected to continue to exhibit the characteristics of an accreditable museum,and stay abreast of current professional standards and practices as they evolve Therefore,to maintain accredited status,all accredited museums are required to undergo a subsequent accreditation review within every ten years of die most recent award date. AAM Accreditation Office,1575 Eva Street,NCB,Suite 400,Washington,DC 20005,(202)289- 9116,accreditation@aam-us.org, 1 C.1 TIMELINE OF TASKS NEEDED Date Paid or Date Corn- TIMELINE OF TASKS NEEDED N.IC.. Start plete Cost A Site Improvements -Design&build handicap ramp&student/group tour entry -Exterior lighting-design&install B Parking -Meters -Drop-off-general visitor,designate,sign -Curb stripes -Handicap parking -Fire-life-safety access -Bus drop-off area-designate,sign -neon agreement C Signage -Define,design,fabricate&install -Donor recognition -Code required --Directional/Area name Amok -Budding name/identity —Ticketinct price categories -Gallery!sponsorship/Beesley -Floor by bloor area.Maps/plans --Membership D Escalators I -Check&get upgrades-signage Elevators Check-Signage -Obtain key off/closed status for elevators R Lighting -Supervise lighting installation,galleries&public areas G Building improvements -Office design,bid,specifications,buildout -Temp.office maintenance IlSecurity -Security Manager retain 11.11--Develop security plan&policy -Build&install security headquarters --Research&purchase security radios&base stations -Research security CPU,printers,alarms,cameras,telephone,equipmentoft. etc. Date Paid or Date Corn- TIMELINE OF TASKS NEEDED N.I.C! Start plete Cost -Purchase security CPU,printers,alarms,cameras,telephone,equipment etc. -Install security CPU,printers,alarms,cameras,telephone,equipment etc. -Negotiate&complete security contract with outside security company -Train gallery guides in security procedures -Train staff in security procedures -Purchase security key card system,card maker,camera etc. -Coordinate Leo security with Library Plaza security -Purchase uniforms,T shirts for security staff I Maintenance _ -Negotiate&initiate maintenance contract -Develop maintenance plan/policy/schedule -Assign person to supervise maintenance(contract?) -Work w/gallery&events staff to train contract maintenance workers -Order maintenance equipment(vacuums,floor polishers,mops,budkets etc.) -Order maintenance supplies -Build out maintenance storage areas on B1&B2 -PurchaseTshirts/uniformsformaintenancestaff 1 Ticketing -Develop ticketing plan -Install/customize ticketing software&equipment -Coordinate ticketing with Website&phones -Develop queuing/stanchion layout for lobby -RetainVisitorServicesManagter -Retainadmissionsstaff -Train staff to use ticketing system -Set up ticketing/reservation system for school- -Set up Brinks contract -Purchase handheld ticket reader? -Install ticket counter [ _ -Install drop safe -Purchase&Install ticket booth lighting -Set up cash accounting system,policy -Build out&equip cash accounting room -Purchase T shirts/uniforms for visitor services&admission staffers K Membership i -Define membership categories -Purchasemembershipcomputers I -Purchase& membership software Date Paid or Date Corn- TIMELINE OF TASKS NEEDED N.I.0* Start plete Cost -Train staff&volunteers in membership software -Design,fabricate&install membership signage -Design&print membership brochures -Develop lobby kiosk computers for membership sign-in/card reader? L Life Safety -Purchase strollers,wheelchairs -Purchase emergency equipment/first aid -Train staff in use of life safety system -Develop life safety procedures manual -Coordinate museum final buildout with fire marshall&emergency providers M Office,Classroom&Storage Design/Construction -Define offices,classrooms,catering,receiving,storage,special events, rental&auditorium needed(see MGA spreadsheet) -Retain architect-interiors only -Design offices w/architect -Retain code consultant/office design&exits -Retain electrical engineer/office electrical&coord.w/base bldg. -Retain IT planner/consultant for office IT design -Retain project mgr,ownership for office buildout&final construction -Retain code coordinator if code consultant not appropriate(preferred is same person) -Develop strategy for coordination of plans w/City&SHIPO -Do conceptual budget for final buildout construction -Develop funding strategy/fundraising for final buildout -Retain lighting consultant for all lighting in new final buildout areas -Develop code&location signage for final buildout -Plan timeline for final buildout N Office&Storage FF&E I--Develop floor plans&furniture plans -Purchase furniture -Purchase office equipment,computer,copiers,sign software,sign machine,postage machine,etc. -Purchase office kitchenette appliances -Develop IT Telecom plan for entire bldg.incl.all offices,security,storage etc. -Purchase all IT/Telecom equipment&service contracts -Install all FF&E 0 Education FF&E -Plan/design all classrooms -Design all education areas Date Paid or Date Com- TIMELINE OF TASKS NEEDED N.I.C" Start plete Cost -Purchase all tables,chairs,stools -Purchase education AV systems.computers,projection media for classrooms -Purchase science&research/lab equipment for classrooms P Retail -Define retail vendor contract-identify vendor&create contract -Plan/design retail area -Develop custom retail sales products incl.hats,T shirts,etc. Q Volunteers -Identify all volunteer tasks needed/skill sets -Recruit volunteers -Create volunteer manual&agreement -Volunteers train -Purchase T shirts or uniforms for volunteers Build/develop volunteer meeting room -Purchase volunteerfurniture,lockers,etc. P. Operations -Develop operations manual and procedures -Develop facility management manual and procedures I-Coordinate finance,accounting,ticketing and admissions IY I-Createtrash plan I-Obtain trash hauling contracts/obtain dumpster/roll-off boo -Order office supplies -Purchase stanchions for lobby -Plan for warehouse use I I -Plan for long-term use of existing offices Plan for move in -Obtain purchase,rlease for catering equipment --Obtain purchase/lease for special event tables and chairs -Purchase woadshop equipment I I -Purchase installation equipment,personnel lifts,ladders etc. -Develop Beesley maintenance and repair plan -Develop maintenance/repair program plan -Coordinate final punch list for City construction -Coordinate final punch list for Leo final construction 5 Community Relations I I-Coordinate with other museums I--Coordinatewit'hCity I II-Coordinate with neighboring merchants I I APPENDIX D UTAH SCHOOL DEMOGRAPHICS Utah Student Enrollment 600000 —_ — 570,751 507,499 500000 — — -- -- —-- 400000 —— -- c 300000 - o Series'i 200000 -- — — — — — 10000: _ 40132 — — --- - 14,966 3,154 0 UtahStude,nt Chcr.er Private Home Total Student Enroll;r;ert Student Student Schooled Enrollment Er.rollinunt Enrollment Enrollment Public and charter schocis Target Audience i 12 t: Gr,.de • 38,056`, -11111111111111111111111111111111111111111111111111111 11t` Grace • 34,16S 10 C-,Grade 40-850. 9t�,Graci^_ � 41,350= St' Grade • - 42,0367' .Series1 _ • - 7ti:Grace - 43,717= 1.1111111111111111111111111111111 61.)Grac,c • 44,247' 111.1111111111111111111111111111111111111111 5t:,Gr.c:e • • 5,722'. 0 10,000 20,000 30,000 40,000 50,000 A 5th0rade Enrollment by District G,000 5,41E _— 4 oro 4,02E, 3,000 2,702 2,26S 2,37i 2,000 1,8135 1,935 1,23_ 1,000 g[3 670 979 1.06E 1,09; 425 431 125 2679 34017563ior, 1 17388 206193mi 19671 349 2043412,1F 4"412 22 ° 11G" 49 � tr ` gi l l n li5 c 12 = 3 ' � " ' 4' � te� � " . ,- . ' i .3� n ' u ,t4ab e _ - U a = . e c 4tc o a` G `7 _ 5 w } p C N y` VS 5It1 GthGrade Enrollment by District r,0C0 --- MC 5,097 5.244 �,000 • .i s c iE 1,000 i 0 9,732 1. 3,000 t - i• '. 2,349 e 1,21; 2,000 T 1,8:1 1,1:Q 1.,i7R ',OCO y0 1,017 to 1,Cf,S 700 277 Gl • 4.19 491 `•17. 118 1II p 18'17G104 19a57 T1i'i101 190 33714 7 2)33412,t5110 CEO � �py� 7,1 o .m.. .. a, _51.10.",.Re_''_ _ _r_w_1i.'i .1�7I _r1_r+_ _1. .. _ 7_ .13 0 E..1°1S_. I1l.�. 40 c d }+ 4 Y ?. ar yy v 'S I � � � � n� s, c -e o ,v n � � �i. h k� � .t' L4' c.' .y. 7� 4 Y n t 2 v '� �' u U e w ✓_ ' .�, y��, I 0. E� u e. E u ,J y a, I '� in r •E tIt F- ? . E 0o, 41 f 7thGrade Enrollment by District 5,305 4,941 • 3,877 3,000 2,4x1 2,47/ 2,235 1,930 2,00 — - 1,46/ 1,10 8G2 9n 991 1,000 1,000 G5l 514 5034 f'7 31'4 4�Jl.19.L9ti 173 aid IIi3512b0 12a1t0 241 1u9 ;167 0 -_ I i1 t{0122 93 . ZG r O 21 ." ti '8 5 v 4- q u . e o - c a $ p2p z € 7 fl v _ @ e F tom' -,11 ' > v Q G 5 -E 't d 4 .o s� a 7111 BthGrade Enrollment by District. 5,003 4,s2„., a 4,000 3,535 I 3,000 , 2,5i0 _ 2,303 :. 3 1,124 1,4ti,. 2,C00 1,3'/1S 1,11 815 Jli 1,006 1,000 '. 5'36 ,_ 59R 4G5 47ii 351 35,1 1JJ,G7 23G `307)tfl.024 175 2361E6 l?15 1l'r 23G -' 11t 11 79 64 33 34 11G1,1 35 G 6 G ? i C } L 4 r. .1 E- d ~ S .,. - W 7 Y . G i N E, 6 .a U .. V ,Q W b 4 .. 5 d 71 N m t- I{ •9 -, rc A a � ._ s V 8 •s i5 N le 0th 9thGrade Enrollment by District t,coo --- 5,000 4,as5 4,73,1 - 4; .1,000 3,587 3,000 ,413 Z,1o6 1.J2fi 2,000 1,8u3 i,rAs Lii 1,c0, SOG S16 003 1,r,L3 G13 337 AS9 510 119� 121 415 10 �51=•,373t11t I 1kJ21 1932G3 1570,E 3�027 32 2.153J52r:9/C '0”9 C }y.• '47 I y C g i '' • V y '6 '� [C] � CI � n G' y4�' � .L O \ r� Z W .t5 � A � 1�y ♦; � F � d C ._ y� *' , Y r .+�.._y.. 1'1 r\ y F. a O ,v C i. c g" .7. i2 `. a {" - G' 4, •u � ,j .Y - iL y =', .9. & L %? x u C v r' '5. ID .a l: g 1; o r. c E .r o .3 �., c. € o ~L° (.Lj v C E O Mom4 " t ' N a et•..' G n 0 i ' C z ti ` fs0t iOthGrade Enrollment by Distrit: Spit, a r>,) 4,u73 4,8.1.1 3,553 I 3,0413 2,735 I,32i1 2,000 1, ?7 1,G02 i,?5� 1.091 � ]-07 2)p �1<3 '03 C�1 !L K 17uG1116 11631Q 2j'i'73 19570 29 +1 12 3.13 '2f"i0lj 375375 0 wa _ E3 .. sx IG.rn. _ .lEa. ta°_.— iL� n4 _I 35 ^.. . ry N y G C •.. d 4 R C L' \. !0 L .ic U • l r. G ' u l� v ,. _r G ..4 F, 3 U `' n i O k, .� 2 F ^ .E -y _l ''' 'R 1. a 1= v .kg 7 u -2 Y. .a, 1 E $5, -L '. a C �.1 ti r' r.1 v "i, w ' C7 i." K ?: E d a [.. .3 E' c 1° O _ n ii , b\ S N Ll �- y -, xl10th ANIL 11thGrade Enrollmenthy District 4,000 9,000 4,720 4,763 4,192 4,000 3,461 3,000 2,G39 2,27 1,71.0 2,000 • LS.11 1526, 1,12 $31 917 iJ Loa G3G4.3J �,1E;132y72;7 333147r ii6180 2'13171193$72t0 9y 174T_ Il.14. .1�►..lr_ _N. _ 4 � ti ew_ G C r n L ? _ '� k ❑ G .Q ^ g u C .�„ ��f i' ~ •^ v ' .� a k , " c T b .� _ # k a c a o 6 c c F 1� ._ c ? 8 4] +� w 0 0 d E g N . �'' to n vi t= :� j :- - O aO J 4`11!h Body World Comparison Total Body World %Total Target BcdyWorid %Target District Enrollment Attendance Enrollment Audience Attendance Attendance Atiii.e r i ,i1 li1,1,11 .I.0c.. ;51:i iao>�l '11.41',491 Beaver 1 566 0.00% 932 0 0.00% Cr,:ft in r ,i II`L air. c;, 'Siii135 Cache 14,917 645 4.32% 9,140 645 7.06% Carbon 3,462 423 12.22% 1,947 423 21.73% Daggett 147 45 30.61% 92 45 48.91% tit...i,c f tiu::7' ii'.;,, . .', „{,7,rnit, `3...ni W.170:0 Duchesne 4,436 100 2.25% 2,282 100 4.38% Emery 2,316 448 19.34% 1,386 448 32.32% Garfield 931 58 6.23% 551 58 10.5311 Grand 1,526 0.00% 919 0 0.00% Iron 8,365 57 0.68% 5 076 57 1.1211 Jtudkuir 41 t,i:(C4i ih7si„r '.,'LM41, i %/Lt/. la:i..V. Juab 2,244 0.00% 1,398 0 0.00% Kano 1,194 25 2.09% 710 25 3.52% Logan City 6,123 50 0.82% 3,510 50 1.42% Millard 2,820 421 14.93% 1,761 421 23.91% ti674t& -0 2t^..; s13 ;a.v?' umLru,y'(Liii' ls 1dLb 4 1a),. „2 it%?il: Nebo 2,828 415 14.67% 16,908 415 2.45% North Sanpete 2,319 112 4.83% 1,457 112 7.69% tlloiil(r Sanmilt Ir(JG 1.6 r -,67,. iI'G 22 tiY7, r3ri...',t,:,Cih,1 13'c/si, R.I.. :.i i la., ,313 n:3=3' l,Er_,u(Lti% 4t231' G;uj, ,%i.%o i itQ,f, _ 9192 ii4l511h Piute 328 100 30.49% 203 100 49.26% f1,ro.t.,1,34 flan;: rr.;2• 4.'rj:, .T.,1(72 ra)2 r7J5e Rich 457 33 7.22% 273 33 12.09% lio.if lialtie . 2/;195 fir.;, f l5:1or7n "if 4!:S- h1124 ial,% i San Juan 2,953 52 1.76% 1,857 52 2.80°S Sevier 4,528 100 2.21% 2,694 100 3.71 Souli% Sanpete 3,025 38 1.26% 1,812 38 2.10% .t1(ow11915ut11611 11,4129 5> 521105%.- iS '3>? :'AA9 Tintic 233 0.00% 158 0 0.00°1 :51950*2 1:3110 51111 _,f=88'8i l7;,3O1s.• '9115 Ill: Uintah 6,489 30 0.46% 3,419 30 0.88% Natal), 5,01191 . '1419 1171I4, am.' 11 ilfzlr7•. Washington 26,220 48 0.18% 14,523 48 0.33% Wa ne 561 30 5.35% 334 30 8.985 Wtlorx .1lj391Ofo1 _ . u. 4./i09.4 1r,RA17i ilfri{11 . _ ': Total Target Districts 4P11V' . :. r UTAH SCHOOL DISTRICTS I :� ie�than aCi min:L1JU xnoci! r•""a I Alpine 4.44% {y .1 �� Box Elder a.13Ciara A "') �1 1i ]� K �n,�, Yy7 6 '6,. . s '- rfPT r DavisFanyoris QJ.lThpF% � • ,,,,, f N 1- •1. 4 T 11 .) D I.Y SY f9 �� � . ,Ii nee a'.1ra°ra Pa s X 1 -.: � � Jadat d.f�1�a y Magary 4.3 °r6 r y,. 1 "� C 12.12% ity iW _. .- if .U� • North Summit 25. a I f;• r y, ?:; _ 1' Ogden City a.t�°ra St�lYfA d t `� I Pali;City 14.56% I 3rli ..+ 1 �'�- i ,.. Pram City 7 F7°.r`a 11111 3 Salt Lake 19.55% 1 y^1 �^ .r� •,11 '..I,t ,�. ' South 5U Vat 5,102 i, • r.1 — ,:a II ' Tooele 5.44% f w Ji Wasatch 4.87°4 I F d, • • ,.,i] ti s f 'ii Weber 5.79'4, t ''wi r -�� zs 41•' y� y. I17 n a 4er5 a ,,, _ >K,z;:k.`_,�',,..'Y1 f�, '1 „° I 1 The districts within an flour 'ft - •. drive to the museum and that I, I, are it ow t-arbet audience s eortsists of 388 sthoals. i.l i f: 1 • ndy%Nrprld Attendance comparison 8 htes slim.:i III Ya1,H'ut.ldur.br:+ illirt.fONARDP et's be frank. There is a hunger for a new way of seeing things. L Hunger for a new way of learning things and experiencing things. Hunger for a new way of creating and solving things. As the world moves forward,there's a need for new interdisciplinary connections—and new kinds of social connections—to answer big,looming questions.As a global population,we are preparing for jobs that don't yet exist, using technologies that haven't been invented,in order to solve problems we don't even know arc problems yet— not just today's big questions. The world is changing at an ever-increasing r_te that require more than the status quo. According to a recent Newsweek article,for the first time,American creativity is declining. Old rules don't apply. In fact,the old rules can't apply. Our communities—both local and global —need centers for innovation thinking,hubs in the effort to create an ecosystem that supports innovation. The Leonardo answers the clarion call for new ways of thinking. It is a science,technology and art museum that offers visitors new experiences in today's technologies,innovations, discoveries, ideas,and art forms.The museum seeks to inspire creativity and innovation from a broad spectrum of our community,from very different political persuasions. That kind of pioneering spirit is in the Utah DNA. It's in the human DNA.Although The Leonardo's self-selecting target may be defined as"the cultural creatives" — adults,particularly young adults,who are naturally concerned about the legacy they have been left and the legacy they will leave behind and community members seeking increased cultural opportunities in a burgeoning, revitalized downtown—history has proven that the Utah population is curious; capable, and compelled by ideas that push the human race forward. The T .eonc_rc o will her-3 us gras`9 the beauty c_nc_ com-9lexi ty of the living world, motivate us , give us a glimpse iNTaNARDP of our -potential, offer an open forum for deep discussion and build a-p-3reciation for what we have - anc what we have to do to =<ee it. � Humans are enormously creative and,when challenged,can reach enormous heights.The Leonardo celebrates the Renaissance master who embodied the human creative spirit and inspires our own exploration of the world,Leonardo da Vinci.Reflecting this heritage,The Leonardo is committed to exploring and connecting science,art,and culture in imaginative ways that can enrich our lives,expand our consciousness,provide high-quality learning opportunities,and improve our community. Through characteristics akin to an informal learning;center,The Leonardo seeks to offer transformative experiences,to expand and enhance visitors'world-view The museum's layered approach to learning-exhibits;classes and workshops;lectures,performances;panel discussions; teacher training,on-site field trips a nd outreach activities;off-site school visits;and,lastly,online experiences via The Leonardo web site and other social media sites- encourages interactivity in ways that develop new interpretations of creativity and innovation.13v focusing on education versus simply attraction,we offer opportunities to engage in making,thinking,and trying out new ideas,and in learning new trays of dome,things.We do this by showcasing cutting-edge art and scientific or technological advances, These experiences form a museum where the whole truly u m ans are is much larger than the sum of its parts.The Leonardo will be a community:a place to"hang out,'to create,to enormously have conversations,to debate ar,d to enjoy.We seek to be a hub in Utah's ecosystem for innovation,supporting the creative tive expanding cultural scene in Salt Lake City by allowing tasiters to find and ask questions and begin to seek for anC r W Zen the answers.We will offer people a bright new sense of career possibilities and,more importantly,of themselves, ehallengeC r The Leonardo's role will he to generate nets forms of social can r e a cl- connection.s.'I hese strong relationships and dynamic programming will create a sustainable cultured center,We enormous .sole forward to seeing you at'the Leonardo,and hope you enjoy your experiences of beauty,amazement,locus and height', iHTiEONARDP • ....., The First Floor of The Leonardo i 1 , ,�1,V,_l.i ,__I{, -1I_ -=�-I�-•---`_` '_y ,,_„1 i I I._1 .1.1_—1 I: _ l.... 1 u ___LI___-` R�tC,�YC-a LC�P' 1 -i-.' j 1 =.�`1- i f 4 Projects 1 JTJT FLI. OP 0 — rw� ? 1 ,i, d 1 j1i I I 1 1 1 F I !1' :,t.Y Tanner 1 ! L . ! Ila • Atrium I ._._�.._. _ There _... ,� ..� ._.. IIIL,..., ' ...-p '.I is there _ 't =olotype a I' i �3�II i /i ',t., lC j I I I I 1 I 1 - I — 1 - I �y=^ I' . _ .. . 1: --'il ii 1 i I • i ; -�IY ; .� I Lab eoa 1. ,R .l��—. ;,Lrr. ; -28 11. 7R _ —St r.r_ 1 I 1 I I j 1 �,- - I C ; f I1 \ I I I T _ .I I _i l i .II . I I L ! I 1 1 caL, ' \ '____ `aEsr:;.vt ! ..— P — — —� 1 oc t:�rKe 1 •D '`t"L�'Ql I _ 11 {L.-- i i I i l' 1 c. ` i c v, ii it jNTLEONARDP Phillip 3eesley at The Leonardo , , , , i i, ',. -.„,_: •.7,\v\liEgf;,:r -0 1 "y , ;* � . I NM 1 a 4[ y J Vie` 1e'iJpl- 'A 1 :‘ 4 , / A • . ' i ,,,, ., : /2, ,, 1 :. i internationally renowned artist and architect,Phillip Beesley,will be providing a defining feature for the I,eonardo's Tanner Atrium.His sculpatre IIyiozoic GroLm 1 experiments with'responsive architecture;'exploring hoer eur su ioundings might use artificial intelligence to understand a isr:; gee need,and rEspond in Hod. .iNTLEONARDP The Dynamic Performance of Nature • The stimulating and eliciting entrance to the paid area of the museum, The Dynamic Performance of Nature was conceptualized by Brian Brush and Yong Ju Lee of New York City. Me wall changes color and intensity and flashes in response to environmental sensors from all over the world measuring wind,seismic and solar activity;precipitation and visitor movements. jUTLEONARDP T here there , . .. , . .. , __. .... i.-;.-,,,,.....,. _ „., . . .. .. . , ._. rt III kit,-.,. 0 . , , N,;..,. a,„d i D I • 11 ...1,,;.,. .....:,, .„., g 1 : Iv:_,:,:::.x-,..;:. .......,.;tx,f.....,. „,.......:,....:,,.,. , . , •it.‘ ..........._ .,.,,..s.,::.:::,.!;•.i.._:kliii ,4? — ''l 1 I I 2 e • ,tFi iy' -1 No,r,more than e1er,''phce"is an evolving idea.71re;z then,'inviteev isitors to fook at the phccical and human geography of the places ground them,explore hoc it affects them,and l•,oa,e they impact the places they live.'lite exhibit area hosts tite interactive F.ar 1uvP,lk, hlapliah,and a:nphithezter tl-iici allows people to compare their pereeption.s about a place by exnldiin,darn. iHTLEONANDIP -ioloty3e . 4 ..... ,... ....,,,,:,,. ..$, .,,.....iy. -.,__ ,,,..,., . .„.,:„,,i.i..,),, .. - ..,..,..,. ..- . . . ., . ,, •, ...., , . .. fr,.., _•. ,,, ,..„ .. ,,,...,, ..„,.. ...i.", s:.• . . , „. , . • , .;:74,x-t.: . 'Iv,.1 :-•:):.4,;,....- ' .,-;,?','.of,, '1 . ;,::.i:.1.••i • .• ?-, - f, 'z, a •4 :~ti • ' „ .1}. . .y ft; . ;� >i. ''i 'S'ji.t . ►,' ♦ r7. f -IA fit., t; .: �.• . ,r \ .‘:,,. r; ....- ---,••:..,. ,,,.,,: .;,!,..,.. 5 .,4 • . 1 "'' -41. . ,f' �f� ,1., ..*•: ''''''g; 4.4fr, .. 'Cs.' :.' 1kt 11 '1�{' to ,' ' ) .♦ p • Designed by local artist,Amy Caron,Holotypc takes an abstract look at one of today's most important cuestions— energy. The piece is inspired by algae and it's expansive role as one of the major oxygen,food,and"ingredient" sources on the planet— as well as its potential as a new source of clean,renewable,domestic energy. AHTiiONARDP Lab @ Leo )• t t ,- 4 s,'- a • do , It the I:nb(a Leo with focuses on art and invention as forme of both inquiry and problem solving. 'rite Lab will give visitors to interact with'makers"in all fields--cool people doing cool I ang , enipcxcriug them to tap into their own innovative and creative potentiai. .HTLEONIRDP ,.... The Second Floor of The Leonardo I C D :4PL i i i 1ilit ~ ` � ce � � i III !1 -- r_�� � � - � , Innovation I �, ; � YI \ , � „ , _I ! �� �.: 1 I i j iii � _. . ,R.-<< _ Galerh + F C r� / e \ Makes You, il. -� �T You? �`��� _1.•1_ - l- 4 �bo I , ►— /' A\ tvlt'1 ! i ! I I; t -- ! The Gene Lab ' ' \ Ni ! "; ; ill J7V11J•Ttt \ � j: I I I 1 I I I I1r`rl r �.��T; :. _�..� --------- -------- ------ rr .---- Digital Commons - -- - I. Qom. I I - • CF—,- I I tsoucras.z.r y r _ -nhl li MI P 3___---m �.____ e I� 13- r INTdONARDP Identity anc the Gene Lai o, I .a I r— 4 • 1. IF �ll. 'c : _ , -,...?,:.$:.:..., fir,, ,�4- . _ ... ...st .,„, 1 i • v. - r J ILntiy encourages visitors to explore big questions about who they are and what makes a person through Ienses of genetics,synthetic biology,personalized health care,molecular genealogy, and social p'.-.ei_o:nena in our new web-based culture.The exhibit also features the first gene lab on a museum floor in the United States, overseen by Nobel Laureate Mario Cauecchi. JNTLERNARDP Innovation Galle-ry .:: { j • • N; .. ... ? y • h cif' �'� .e 1. vy The Innovation Gallery showcases Utah research, products and companies — providing context for the ground-breaking work occurring in local innovation, and the concept of innovation as a personal endeavor.rlhe opening exhibit features Otto Bock,a prosthetics company that redefined the industry: first by standarizing components,and now by personalising prosthetics for needs. j9TTEON4RIJ` mum.an Rig its Gallery "1 '�:1 t, + t -04 a 'am rai- . - :. ..,._.,, ,, ;,....„ .1:,,,,,r., ..zt,,, ' .._,...::,..„...4 •••77''''- -‘'-• * ' '47 ::,..•_4-,.. s.,,.,,,.:::::. \?1 r t • ram'`v _ SSS d ;t. • _ : `�j ry' . 0� - r1-..: _'::?2 _ `42$- ,`Fat.' -' _, . .k :.•}_ � ,F y- ' -',-+lam �• ��✓ ' � N1 . . 14... r*1. 0 . yt-�, :apt .O i`'o :„. ; *1 ��� f 1 V'S �. - i^'• At. ,��..�' .tip • r • a t� }• �• 41 t- The I,eonardo's Human Rights Gallery examines current and emerging human issues on a broad scale and considers them through the lens of human rights:the right to clean air and water, genetic engineering,or the effect of climate change,The space will open with a foundational look at the Civil Rights movement,through personal photographs of that time. JNTLEONAROP A program-bases. moc_el '1 he Leonardo is a Sci+Tech+Art museum that redefines museum. We invite you to engage with us, and today's big questions, discoveries and inventions,through our exhibits and a variety of public and educational programs. The Leonardo seeks to become well known in the community as a center for dialog and sharing ideas related to today's society. In a sense,The Leonardo will act as a center in the larger community for discussions,seminars,conferences,and even just introducing new ideas about contemporary life. You'll be able to participate in any number of our offerings in a robust schedule of panel discussions,workshops,educational seminars and classes,in-gallery talks, lectures, film series,dance and theater performances,and more. For example, Leonardo _.4ge _�� (_ i _j�0 AfterHours is a series of public AFTER ,Hip.uRs events that taclde current science and technology topics and their impact on society Produced in partnership with the Utah Science and Technology Research Initiative(USTAR),local experts from universities,industry, and government join the public for lively discussions in a laid-back atmosphere. Education Further, we are developing unique education programs aimed at middle and high school students, teachers,and educators wherever and however they're found.We recognize that tomorrow's strongest candidates for careers will be those who don't only produce information,but know how to integrate information to make meaningful contributions to society. To meet our country's competitive STEM needs,and to create leaders with 21st Century thinking skills,we are developing unique field trip programs,a teacher and student resource website,an advisory group of educators, and we're in the planning stages for a state-wide Educator Institute. In light of the national call for worker with critical and creative thinking skills, our programs focus on concept integration, the synthesis of information,and on innovation thinking—which encourages students to take concepts and innovative ideas through to completion. j P EONARDP The Leonardo : Science, Technology and Art Center Economic Impact Study Bret P. Mackay Ph.D. Economist EXECUTIVE SUMMARY: "The Leonardo is a science, technology and art center fostering creativity and innovation in young people and adults." (The Leonardo Business Plan 2009) The Leonardo provides educational and cultural benefits to the community in addition to economic impacts.This study examines the direct, indirect, and induced economic benefits of expenditure by The Leonardo on near term renovation and ongoing operations. Additionally, we consider the value to the economy of the injection of new money into the local community through expenditure by non-local visitors to The Leonardo both within the venue and at restaurants, hotels, and retail businesses in the adjacent areas of the city. The creation of The Leonardo will have an extended impact on the area economy. Regional economic impact analysis is a mature area of applied economics with applications related to many business and government enterprises. We apply these techniques to estimate the complete economic effect attributable to the creation of a new science and art center in the heart of Salt Lake City. Given the unique nature of The Leonardo and understanding gleaned from the Body Worlds exhibit hosted at The Leonardo in 2008-2009, we define the local area as the Wasatch Front. The size of the defined area has countervailing effects since on the one hand a wider area results in larger multiplier impacts yet that is countered by the exclusion of expenditures by visitors from within that same area since the analyses admits only 'new money' or those funds imported from outside the local area. The Wasatch Front encompasses Weber, Davis, Salt Lake, and Utah counties, an area that includes the three largest cities in Utah, Ogden, Salt Lake City, and Provo. A full accounting of economic impacts of a new enterprise must include direct, indirect, and induced economic benefits. We have chosen to use the Regional Input-Output Model from the United States Bureau of Economic Analysis (BEA) or RIMS II. An input- output model such as the RIMS Ills based on the relationship between industries in a defined geographic region. Alternative models such as the IMPLAN input-output model and the REMI econometric model are also available for this type of analysis. However, IMPLAN has been shown to inflate service sector and tourism related analyses and the REMI model is extremely expensive. Published research demonstrates that the REMI and RIMS II multipliers are highly correlated and statistically similar although variations do exist by industry type. The Renovations Phase: To properly account for the full economic impact of The Leonardo we separate the analyses into two stages, renovation and operations. The renovation of the former Salt Lake City library will transform the interior of the building to a flexible exhibit space 2 Ask designed with the intent to facilitate the rotation of various exhibits. This work is scheduled to occur between now and the middle of 2010 when operations begin. The budget for the renovation is $13.6 million dollars with more than $9 million of that total spent on local labor and material resources. The direct impact of this expenditure will result in an estimated 90 full time equivalent jobs and almost $5 million of spending on materials in area businesses. A careful computation of direct, indirect, and induced economic impacts suggests that the construction renovation phase will create an estimated $33 million dollars of output, $10.64 million in new earnings, and 254 jobs in the area economy. Additionally, the economy will add more than $2.78 million in new tax revenues to local and state governments. The Operations Phase: On average we assume that The Leonardo will draw 170,000 visitors per year with potentially much higher patronage during those years when blockbuster exhibits such as 'Body Worlds' visit. Economic impacts of ongoing operations are decomposed into three specific categories, on-site, non-local daytrip visitors, and non-local overnight visitors. The latter two groups are concerned with spending by Leonardo patrons outside the venue at area businesses. According to surveys conducted for The Leonardo, 32% of visitors are `tourists' and 44% are local. Taking this baseline and employing estimates from previous economic analysis for The Leonardo we carefully detail the direct, indirect, and induced economic impacts from the ongoing operations of The Leonardo. Although The Leonardo will employ 48 individuals on average, only those employees related to serving non-local visitors are included in the calculation of benefits. We assumed 25°/ of employees or twelve jobs specifically are devoted to providing services to out of area patrons. The economic impact analysis excludes spending on labor and materials provided outside the local area. After taking into account operations expenditures attributed to out of area visitors to The Leonardo, and applying the necessary industry multipliers, we estimate that the economic impact of on-site activities will contribute nineteen jobs, nearly $521,000 in added earnings and $1.63 million in output to the local economy. Total economic impacts (direct, indirect, and induced) for all on-site spending as well as the spending of non-local patrons outside the venue is estimated to be more than $4.76 million in output, $1.52 million in new salaries, and an estimated 69 jobs. Summary Overall, The Leonardo promises to be a significant and positive economic force in the Wasatch Front. We have focused strictly on the economic benefits and have not attempted a broader accounting of the educational, cultural, and aesthetic benefits to the City of Salt Lake and the entire region. The city of Salt Lake is undergoing a multi- billion dollar upgrade with the `Downtown Rising' program and the synergies between that series of projects and the opening of The Leonardo is difficult to forecast. However, the potential for even larger impacts than described here is likely. 4 Local Area Construction Impacts Construction Phase Building Exhibits FFE Total Total Cost $ 10,400,000 $ 2,500,000 $ 700,000 $ 13,600,000 Labor Component Estimated percent of total(local) 50% 100% 18% Amount $ 5,200,000.0 $ 2,500,000.0 $ 126,000.0 $ 7,826,000.0 Local Arca Expenditure Percent of Labor 80% 100% 45% Amount $ 4,160,000.0 $ 2,500,000.0 $ 56,700.0 $ 6,716,700.0 Materials Component Estimated percent of total(local) 50% 100% 82% Amount $ 5,200,000 5 2,500,000 5 574,000 $ 8,274,000.0 Local Area Expenditure Percent of Labor 75% 100% 60% Amount $ 3,900,000 $ 2,500,000 $ 344,400 S. 6,744,400.0 Total $ 13,461,100.0 Direct Local Area Construction Expenditure Construction Labor $ 4,867,950 Average Annual Payroll per Employee $ 43,500 Total Person Years 112 Project Construction Period Years 1.25 Estimated FTE Jobs 90 Local Materials Expsnditures $ 4,891,275 Tax Receipts Income Tax 5.00% $ 243,398 Sales and Use Tax 6.80% $ 332,607 Total $ 576,004 Local Area Construction Related Expenditure Impacts Local Arca Construction Costs $ 13,461,100.0 ::!s yVcf�,',�{i(k¢yl . 0,',50 t=i'-.•.,:. 1k"yF'i' 9 K5S"'if'n�� ,�T'•,'�'it:"Y.f :!-x':+l.i Multipliers* ?.T,otalli irec.k�j;NL-1 direct,• ndslndtr�cedylmpacfs : Output(Dollars) $;�•t n%:`�r{}�' o�+�f Sf r. •' 247�20 47;3: iib J IM43.; �-(,fjy,'•� cr.V�-,'�.'r rif��i"',4:1;�s.. Earnings(Dollars) 0.7822 sSnit111,9• , ,1tk4,7151$ _.,,;�,, ,O},2gn27,2 Employment(FTEs per$1,000,000) 23-8959(, ; C(;ja` 17p;f f i,;•{(•rr, ' a.'-6., ,:-:252! Tax Impacts u i.�w'T.�•es`: F � •'',L r "t ',`k',`:P'T F S26a464'i Income Tax 5.00%t1$' . $ rn 1 S: ,,A Sales and Use Tax 6.80% '$.•a.`? 7 �;"a 1,4?�oy, "'" 2;44,33A? Total h'$:E r t%;C1irwiF'Xo-J7lvtg's :',..h50;J76ri "RIMS II Multipliers for Wasatch Front Area 14 BOARD MEMBERS &ADVISORS OF THE LEONARDO Senior Advisor Dr.Mario Capecchi,Eccles Institute of Human Genetics Capital Campaign Leadership A.Scott Anderson,Zions Bank Dr.Dinesh Patel,vSpring Capital Steve and Barb Young,The Forever Young Foundation Kent Madsen,Epic Ventures Chris Stone,Epic Ventures Science Advisor Dr.Joe Andrade The Leonardo Board of Directors Will West,Control4,Board Chair Maura Carabello,Exoro Group Annette Colton Christensen,Grant Thornton,LLP Beth Elder,Salt Lake City Public Library Nick Gibbs,Rockwell Collins Peter Giles,The Leonardo Brent Godfrey,Zions Bank Camille Guth,L3 Communications Jann Haworth,Sundance Mountain Charter School Mike Levinthal,Levinthal Capital Dec Mooney,Micron Technology Foundation John E.Richards,Brigham Young University Lorena Riffo-Jenson,VOX Creative Allen Roberts,Cooper,Roberts&Simonsen Architects Samuel Straight,Ray Quinney&1Nebcker Jeffrey Unruh,Alerion Capital Dr.Ned Weinshenker,Utah State University Suzanne Winters,BioInnovations Gateway Anne-Marie Wright,Merit Medical Marshall Wright,Governor's Office of Economic Development David Everitt,Salt Lake City Mayor's Office(Ex-Officio) The Leonardo RenaissanceAdv!sory Board John P.Ashton Robert Garff The Honorable Jake Gam Steven L.Graham Karen Hale Bishop Carolyn Tanner Irish Sasha Kamb Stan Lockhart Pauline Ploquin Jim Schwing Nancy Tessman David Tundermann PO BoxAN9 Heidi Walker Salt Lake City,UT E..,,,_,,0 David Weiner 801,531.9800 www.theleonardo.org Dr. Mario Capecchi,Senior Advisor to The Leonardo and 2007 Nobel Laureate Mario Capecchi received his B.S.degree in chemistry and physics from Antioch College in 1961 and his Ph.D. degree in biophysics from Harvard University in 1967. His thesis work, under the guidance of Dr. James D. Watson,included the analysis of the mechanisms of nonsense suppression;the initiation of protein synthesis,including the demonstration of Formylmethionine tRNA as the initiator of protein synthesis; and the mechanisms of protein termination. From 1967-69, Dr. Capecchi was a Junior Fellow of the Society cf Fellows at Harvard University. In 1969 he became an Assistant Professor in the Department of Biochemistry, Harvard School of Medicine. He was promoted to Associate Professor in 1971. In 1973 he joined the faculty at the University of Utah as a Professor of Biology. Since 1988 Dr, Capecchi has been an investigator of the Howard Hughes Medical Institute;since 1989, a Professor of Human Genetics at the University of Utah School of Medicine; and since 1993, Distinguished Professor of Human Genetics and Biology. He is also co-chairman of the Department of Human Genetics. Dr. Capecchi is best known for his pioneering work on the development of gene targeting in mouse embryo-derived stem (ES) cells,This technology allows scientists to create mice with mutations in any desired gene.The power of this technology is that the investigator chooses both which gene to mutate and how to mutate it.The investigator has virtually complete freedom on how to manipulate the DNA sequences in the genome of living mice.This allows scientists to evaluate in detail the function of any gene during the development or post-developmental phase of the mouse. His research interests include the molecular genetic analysis of early mouse development, neural development in mammals, production of murine models of human genetic diseases,gene therapy, homologous recombination and programmed genomic rearrangements in the mouse. 4:71.14 1 AL 1" PETER B. GILES Peter Giles has served as Executive Director of The Leonardo, an emerging center for science, technology and art in Salt Lake City, Utah since July 2008. In this role he has focused on building relationships important to the future of The Leonardo with special attention to relationships with Salt Lake City Corporation and past, current and prospective donors and other government officials. Peter is currently on leave from his position as Corporate Partnership Officer of the San Jose Redevelopment Agency, where he advises the agency on developing relationships to stimulate industrial development in San Jose. Peter has been serving as Executive Director of Imiloa Astronomy Center ofHawail, at the University of Hawaii Hilo, from 2005 through 2008. 'Imiloa is an astronomy exhibit center and planetarium that celebrates Hawaiian culture and Maunakea astronomy for the advancement of knowledge, understanding, and opportunity. Peter has played active roles in education, transportation, land use/housing, and other community issues over the past twenty five years. From 1987 to 2005, Giles served as President of The Tech Museum of Innovation (The Tech), dedicated to engaging people of all ages and backgrounds in the technologies affecting their lives, and inspiring young people to become innovators in the technologies cf oomora' the future. The Tech opened its prototype facility—The Garage—in November of 1990. The culmination of Giles' involvement in Silicon Valley occurred in the fall of 1998 when The Tech opened its brand new 132,000-square-foot permanent home in partnership with the City of San Jose. In 2004, The Tech hosted 2000 science center and museum professionals in the annual conference of the Association and Technology Centers. Before coming to The Tech, Giles served as president of the Silicon Valley Leadership (then Manufacturing) Group during its first 8 years. Giles worked with Hewlett-Packard Company founder, David Packard, to set the tone and vision for the organization, which brought together the Valley's leading companies to work with State and local government officials in addressing issues affecting the economy and quality of life in the South San Francisco Bay Area. In 1984, the Manufacturing Group led the county in passing Measure A which generated over$1 billion in funding for completing and upgrading major highways in the County and set a precedent following by many other California counties since. From 1970-76 Giles was a management consultant with Boaz Allen & Hamilton, specializing in assignments to improve the effectiveness of government and public benefit organizations. Giles served on the board of the Association of Science and Technology Centers (ASTC), and the Giant Screen Theater Association. Giles received the John Gardner Leadership Award in 1999 from the American Leadership Forum—Silicon Valley and was recognized as San Jose Citizen of the Year by the San Jose Boys and Girls Club. Giles received a fellowship from the Center for Excellence in Non Profits to participate in Strategic Perspectives for Non-Profits at the Harvard Business School in 2000. He also served on the board of Joint Venture: Silicon Valley Network, dedicated to positive change through broad collaboration coalitions. He was a fellow of the American Leadership Forum. Giles holds an AB in History from Brigham Young University and a Master of Public Administration degree in urban management from the University of Pittsburgh. Giles recently published an article in the Handbook For Small Science Centers on the transition from a small science center to a large one. The Leonardo Board Member 2008-09 Will West,Board Member Will is the CEO and co-founder of Cont-o14,the leader in home automation software and hardware for the broad market.Prior to Control4,he co-founded • STSN(now iBAHN),the worldwide leader in broadband services for business travelers serving,millions of customer in thousands of hotels. Prior to founding STSN,Will was CEO,and co-founder of PHAST Corporation. Under his leadership,PHAST became the leading manufacturer of high-end home automation equipment.CW'ill's other professional experience includes Proctor&Gamble,the FSLIC,and Wasatch Advisors.He holds a degree in Finance from the University of Utah,and an MBA from the Wharton School at the University of Pennsylvania. He also holds the CFA designation. Will serves as chairman of the board of the Utah Capital Investment Corporation(the State of Utah's"Fund of Funds").He is also the past chairman of the board for Utah Technology Council(UTC). Will is currently on Utah Business Magazine's list of the 100 Most Influential People in the state,and on Connect Magazine's Top 25. I-le was named Utah Valley Entrepreneur of the year is 2004 and in 2006 he was named the Ernst& Young Master Entrepreneur Of The Year® He holds a Bachelor's degree in Finance from the University'of Uta't and a Master's in Business Administration from the Wharton School of Business. IN ® NI 600 Komas Drive Allik Salt Lace City,UT 84108 Rockwell Collins • ' j ? ,:.1 Nicholas Gibbs ;;>:; ;,. Sr Director of Visual Systems Simulation and Training Solutions (VS-STS) itNicholas Gibbs serves as the Sr Director of Visual Systems for Simulation and Training Solutions (VS-STS) of Rockwell Collins, Inc. VS-STS is headquartered in Salt Lake City with offices in Orlando,Florida and the greater London area in the United Kingdom (Horsham and Burgess Hill). VS-STS provides products and services for real- time training devices used in visual simulation applications in government and commercial markets worldwide flight simulators, helicopter and driver trainers, engineering research and the like. VS-STS designs, builds and maintains leading edge visualization equipment used in simulation training environments for government, military and civilian airline training devices. Prior to Rockwell Collins acquisition of Evans & Sutherland in June 2006, Mr. Gibbs served as Ask Vice President and General Manager of the Simulation Systems Division of Evans & Sutherland ter. Computer Corp. (E&S). He was with E&S 20 years and served in a number of senior executive positions including Vice President and General Manager of Service and Support, Director of Materials and Director of Quality Assurance, He is a graduate of the University of Utah with a B.S. in Mathematics and a native Utahan. Mr. Gibbs is married to Courtney McKenna Gibbs who is the co-founder and co-owner of Urban Blues retail clothing stores operating along the Wasatch Front. They have 2 sons, one a recent graduate of, and the other attending the University of Utah. The Leonardo Board Member 2008-09 11111 " ' e ;O:.Rne ieatoe 0`.Jeffrey Unruh,Board Member Jeff is Managing Director at Alerion Capital Group,LLC,a Private Equity firm based in Scottsdale,Arizona. His experience has focused on new business development,strategic alliances,and product/service introduction within the technology industry.Prior to joining Alcrion in 2005,Mr.Unruh was Senior Director of Business Development with Oracle Corporation and previously held a variety of positions at Hewlett- Packard,Unisys,Memorex,and Fairchild Semiconductor.Mr.Unru'a has been a long time advisor and ad orate of technology and of science education.His experience includes nearly ten years as an elected trustee of the Utah Information'I'echnology Association,a member of the Utah Science Advisory Council, the Mountain West Capital Network,the MBA Technology Advisory board of Westminster College,the Dixie College National Advisory Council,an advocate of the Science Learning Network,and a board member of the Utah Science Center.He has a B.S.its Electrical Engineering from Purdue University and an MBA from tine University of Michigan. ,00444, Dee K. Mooney Dee K. Mooney serves as the Executive Director of the Micron Foundation, and is responsible for driving its global educational and community programs that serve to advance science and technology education, while enhancing the quality of life in Micron's manufacturing site communities. Micron provides more than $5 million annually to communities and educational institutions globally. Previously, Mooney worked for Albertsons Inc., serving as its director of charitable contributions and community relations. In this role, she also served as vice president of Albertsons Stores Charitable Foundation and president of Albertsons Assist Foundation. Mooney spent more than seven years with Albertsons, where she held a variety of other positions, including investor relations manager, special projects manager to the CEO and integration analyst. Prior to Albertsons, she worked for Andersen Consulting as a change management consultant. Mooney holds a bachelor's degree in psychology from Iowa State University and a master's degree in industrial and organization psychology from University of New Haven. "Micron is committed to making an impact and building strong relationships with community organizations and educational institutions. Dee's exceptional experience in corporate giving and community outreach will be extremely valuable in this role," said Kipp Bedard, President of the Micron Foundation. Ann Ober is currently serving as an Inter-governmental Relations Specialist for Mayor Peter Corroon. Ann also manages the County's environmental policy staff, working to deploy 1 MW of Solar on County facilities in 2010. Prior to entering this role, Ann served as the Environmental Policy Coordinator of Salt Lake County, advising the Mayor on environmental issues since May 2005. In 2007, Ms. Ober received a Master of Public Administration degree from the University of Utah. She is dedicated to protecting the environment and enhancing our quality cf life in Salt Lake County. Ms. Ober has extensive government experience both locally and in Washington, D.C. While in the Nation's Capital, Ms. Ober initially worked with a women's legislative group. She later managed legislative staff, participated in policy making, and wrote speeches and public testimony for a Member of Congress. L_ '54 " - John E . Richards , ti '' ' p::P John E. Richards is an active entrepreneur and angel investor, Y1 ln=,h ,, . 4, focusing on all types of businesses and locales but primarily •ti;a� on Internet and software companies headquartered in the `r= ` :1 Wasatch Front area of Utah. He often mentors c I entrepreneurs on a regular basis, employing the combination of his experience and teaching skills to help new ventures achieve their goals. He was president of a publishing company in Seattle, Washington for several years and later started a company that helped port that industry to the Internet, which eventually led to an initial public offering and multi-billion-dollar valuation on the NASDAQ stock market. John recently co-founded BoomStartup, a mentorship-driven investment program patterned after Y-Combinator and TechStars. In this program, multiple tech startup companies are mentored and provided capital. He is an associate professor at Brigham Young University in Provo, Utah, teaching graduate and undergraduate courses in entrepreneurship and venture finance in the Marriott School of Management and the School of Technology. At BYU he also serves as Associate Director over Technology Entrepreneurship of the Rollins Center for Entrepreneurship & Technology. John and his family reside in Provo, Utah. Samuel C. Straight ' SHAREHOLDER/DIRECTOR 801-323-3390 DIRECT 801-532-7543 FAX • y:-.; sstraight@rgn.com Mr. Straight is a shareholder at Ray Quinney & Nebeker in the Firm's litigation section. He focuses on intellectual property litigation, advising local, regional, and national clients in patent, trademark, and copyright matters. He assists high-technology and other companies in the protection and enforcement of their intellectual property rights. Mr. Straight also represents clients in a wide variety of other commercial litigation, including securities, shareholder derivative, and appellate litigation matters. He also has extensive experience with litigation involving the direct selling industry. Mr. Straight also advises clients regarding compliance with federal and state economic regulations, including Federal Trade Commission regulations, and export control and economics sanctions regulations. In addition, Mr. Straight is a registered lobbyist in Utah and has represented clients in matters before a variety of legislative bodies and administrative agencies. Mr. Straight is the Hiring Partner and chair of the Firm's Recruiting Committee. Mr. Straight was recognized in Chambers USA in Intellectual Property Law, and maintains an "AV" rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. He has also been selected for inclusion in Mountain States Super Lawyers in the category of Intellectual Property Litigation. Mr. Straight has been included on the list of The Best Lawyers in America in Intellectual Property Law and has also been voted by his peers throughout the state as one of Utah's "Legal Elite" in the categories of Business Litigation, Intellectual Property, and Government Law (as published in Utah Business Magazine). Education Duke University, J.D., L.L.M. in transnationai and comparative law, 1996 cum laudo Georgetown University, B.S.F.S., International Affairs, 1991 • cum!Elude Practice Areas Intellectual Property Law and Litigation Litigation Securities Litigation Appellate Practice Winter Sports Practice p r ,,.;�,.Grow. Prior Professional Experience Associate, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., September 1997 - March 1999 Clerkship, Hon. Stephen H. Anderson, U.S. Court of Appeals, 10th Circuit, September 1996-August 1997 Admitted to Practice Utah State Bar, 1996 District of Columbia Bar, 1998 U. S. Court of Appeals, 10th Circuit U.S. District Court; District of Utah Court of International Trade 00040, Publications and Presentations GATT & NAFTA: Marrying Effective Dispute Settlement and Sovereignty of the Fifty States, 45 DUKE LAW JOURNAL 216(1995) Professional and Civic Activities Adjunct Professor of Business Law, Westminster College(2009-present)Guest Lecturer, Westminster College(2007-2009) Chair, Intellectual Property Section, Utah State Bar(2006-2007) Member, Salt Lake City Community Development Advisory Board(2001-2006) LORENA RIFFO—JENSON Prior to founding VOX Creative (formerly DPR Communications), Lorena Riffo Jenson spent 10 years in the public and private sectors, working as a manager and director for various agencies In Utah state government. Her extensive education, diverse background, and skills have placed her in multiple positions of management, such as managing business development programs for the State of Utah, overseeing corporate filings and business registrations for the state, and managing Utah's hosting program during the 2002 Olympic Winter Games, Her public involvement background comes from serving as a marketing manager for Envision Utah, a public/private partnership for quality growth. Lorena holds a bachelor's degree in sociology from the University of Utah, a master's degree in public health from the University of Utah School of Medicine, and a Juris Doctorate from Brigham Young University's J. Reuben Clark Law School. She is a current member of the Utah State Bar and a past member of the Salt Lake County Board of Health, University of Utah Board of Trustees, and the Children's Dance Theatre board. Lorena's public health background also includes serving on the board of directors for KSL's Family Now public service announcement program, She participated on the board of Families and Women for the State of Utah, and she authored a chapter on immigration for the book, Women and the Law. Lorena is a past president and current member of the Utah Hispanic Chamber of Commerce board, and currently serves on the United Way Salt Lake board, University of Utah Hospital board and the Utah Hispanic Business Leadership Foundation (Somos) board. LORENA RIFFO-:ENSON PRCSIDe1T \/10X CI:EAT 11-'E Ad•;ert:sing-Banding-Desgn-La:no Ma:-ketinj-Pubiic Re.ation:s-Web 157 Rerl:.cnt Avenue Salt Lake City, ULeh 84101 P: 801.364.8900 F: 801.364.3780 M: S01.859.3170 EMAIL: lorena(ave x-creative.com www•vox-creative.corn • The Leonardo Board Member 2008-09 Allen Roberts, Board Member, Allen D.Roberts,AIA is president of Copper Roberts Simonson Associates,a 70-member architectural firm headquartered in Salt Lake City.I Ie specializes in designing historic building restorations and renovations,designing green/sustainable projects and designing AVY of a variety of new building types.His projects have received more than 50 awards for design excellence.He is an award-winning author of numerous books and articles including the best-seller and Pulitzer Prize nominee,"Salamander."He lectures and teaches architecture and architectural history for Snow College and the University of Utah.Allen is also an artist and last year had published a book of his drawings and paintings. He has served on more than 23 boards of non-profit foundations and organizations including the board of directors of the Center for Documentary Arts. Born and raised in the Milwaukee and San Francisco areas,Allen has five grown children and lives in Salt Lake City. Michael Levinthal Mike has over 26 years of venture capital investing experience and currently lives in Park City, Utah where he works as an independent venture capitalist helping to advise companies in the intermountain area. Mike spent 20 years with the Mayfield Fund. During his tenure at Mayfield, Mike worked to sponsor such successes as Citrix, Concur Technologies, Heartstream, Pure Software and WebMethods. Additionally, he founded Mayfield Software Partners, a side fund consisting of 20 leading software entrepreneurs as investors. He began his career in venture capital at New Enterprise Associates (NEA). While at NEA, Mike founded ONSET Ventures, a venture firm specializing in incubating new companies. Mike holds an MBA from the Stanford Graduate School of Business. He received both his MS and BS degrees in Engineering from Stanford University. He has served as an advisory board member to the Stanford Technology Venture Program and established the Mayfield Fellows program at Stanford University and University of California at Berkeley. Mike's current board seats include Applabs,Affiance Health Networks, High West Distillery, Infopia, 3point5 Zinch, and Zonder. He is also a Special Limited Partner of 2X Management which is a venture fund focused on growth capital opportunities in the consumer space. He was on the board of Altiris (ATRS` until its recent acquisition to Sy ma ntec for$lbillion The Leonardo Board Member 2008-09 Jann Haworth,Board Member • Jann Haworth is a painter and sculptor perhaps best known for \•` her contributions to the Pop Art Movement in the United •..,v,,:.' Kingdom.This work culminated in her efforts as co-designer of The Beatles Sgt.Pepper album cover for which she received a • Grammy.Haworth is the founder of the Art Shack and the Recycle Hot Glass Studios in Sundance. Haworth co-founded the Sundance Mountain Charter School [now known as the Soldier tekf Hollow Charter School]. She directed and contributed to the mural • project`SLC Pepper'as well as contributed to the 337 Project; both located in Salt Lake City. She has had eleven solo shows and is represented in numerous museums, publications on Pop Art and private collections internationally.Haworth currently lives and works in Sundance,Utah. • ) II I � Biography for Camille Guth Camille Guth is the VP, Human Resources for the Communication Systems-West (CSV\I) Group of L-3 Communications. She is responsible for staffing, training, employee and relations, organization development, compensation, benefits, and internal communications. She also continues to serve as the Director of Talent Management at CSW for the 3900 employees throughout CSW. Camille has held this position since 2003 when she joined L-3 Communications. Before joining L-3, Camille was the HR Director for the western region of Safety- Kleen/Clean Harbors; a Salt Lake based company, where she handled all HR responsibilities for facilities in Canada and the U.S. for 5 years. As a consultant for the Center for Management and Organization Effectiveness, Camille worked with companies such as Pfizer, Lennox, and Granite Construction regarding, leadership development, coaching, and change management. Camille began her Human Resources career at American Investment Bank, a Leucadia company, where she became the Vice President of Human Resources and established the Human Resources organization in 1991. Camille earned her Bachelor's degree in Organizational Communication and her Master's in Human Resources Management from the University of Utah. During her time at the University of Utah, Camille researched and co-authored articles for the Utah Bureau of Economic Research contributed research and writings to Capital and Labor in American Cooper, 1845-1990, and established the MBA Career Development role at the David Eccles School of Business, Bio - Brent W. Godfrey Brent W. Godfrey is the Chief Learning Officer at Zions �. Bank and is responsible for driving all learning initiatives across the organization including performance consulting, design, development and delivery of leader-led, virtual and online training. \', lt, Godfrey has extensive experience in both the Financial Services and Learning and Development (L&D) industries. From 1980 to 2000, he worked at Royal Bank Financial Group in Montreal, New York and Toronto doing various assignments in retail and business banking, strategic planning and commercial lending before moving to L&D. As L&D Director at Royal Bank, he led multiple teams of designers and facilitators located across Canada and the United States. In 2000, Godfrey returned to the US (Raleigh, NC) to work in the e-learning industry before re-engaging in banking as the head of the curriculum design team for Bank of America. In 2004, he accepted the position of Chief Learning Officer at First Citizens Bank and was responsible for the design and implementation of a comprehensive learning strategy for the retail, business and wealth management divisions of the bank. In 2005, he moved back to the Wasatch Front when he joined Zions Bank. Godfrey graduated from Brigham Young University in 1978 with a BA degree in Business, French and Political Science followed by a Master of International Management degree in 1979 at American Graduate School of International Management (Thunderbird) in Phoenix, Arizona. Godfrey has chaired the Education Committee of the Utah Banker's Association and is a long-time member of the American Society of Training and Development (ASTD) where he has lectured across the U.S., Canada and Europe. Originally from Cache Valley, Brent and his wife, Celine, have six children and reside in South Jordan. Mama Carabello Maura Carabello is an original owner and the managing partner of The Exoro Group.A clear, strategic thinker with a diverse and solid policy background,Maura is often the lead partner for strategy and management of large scale efforts,advising major corporations,industry groups and government officials.She has significant experience in controversial issues,media relations, communications and high-profile event management.Her experience also includes managing U.S.Congressional campaigns,as well as dozens of local campaigns and state-wide/local ballot initiatives. An experienced presenter,facilitator and trainer for individuals and corporations,Maura has conducted many seminars on topics includinc:media training,public advocacy,coalition building,legislation and policy,board development,fundraising,political grassroots,data targeting and management.She is a seasoned spokesperson and commentator appearances include The Today Show,Crossfire,NPR,as well as local'IV,print and radio. Over her career,Maura has consulted with many non-profits and she continues to assist several groups in their missions.Maura has been the Executive Director of the Children's Friend Foundation,The Utah Statehood Centennial Commission,and The Gun Violence Prevention Center of Utah.She has worked with The Trust for Public Lands and Inter_Aid International(a conmumity development organization where she was based in Uganda,East Africa)end several other not-for-profit groups. Mates has also done several national events,including managing the welcome home celebration for the Utah Sesquicentennial Wagon train which over 100,000 people attended and press front all over the world covered.She was involved in planning a coast to coast whistle stop train sponsored by Fortune 100 companies and planned stops in over 500 cities throughout the U.S. During this time,Mauna also worked for TIME INC.'s International News tour,which afforded Fortune 500 CEO's the opportunity to visit"news-making"countries and to meet with international leaders. In 2001,the American Council of Young Political Leaders selected Maura as one of eight up- end-coming political leaders front over 300 nominees to serve as a United States delegate to Australia where she met with national and local politicians,business/community leaders and civic groups to study and discuss issues common to the international community.Maura later served as die escort on a similar trip to Japan.In 2005 she was given the Distinguished Alumni Award front this organization. Annette Cotton Christensen Marketing Manager- Salt Lake City Annette is the Marketing Manager for the Utah practice of Grant Thornton,a role which she has held for nearly nine years. She is responsible for directing business development and brand awareness efforts for the Utah practice. Annette has developed a keen understanding of the Utah marketplace and the interconnectedness of its moving parts: companies,service providers,capital sources,government,not-for-profit.Annette's strength lies in her ability to connect these various arms of our community,uniting them while working toward a greater purpose. Primary efforts that Annette directs within her role as Marketing Manager include: • Lead generation—developing and executing extensive campaigns and strategic activities designed to generate new business leads with target companies in Utah and surrounding states • Sponsorship management—guiding allocation of funds and relationship management • Pipeline management—identifying and researching prospective clients,and leading the pursuit process • Database management of thousands of clients,potential clients and network contacts • Development and implementation of a networking and sales culture for the Utah office • Brand awareness—creating and implementing a complex public relations and advertising strategy that includes maintaining productive relationships with various media outlets Amok Professional qualifications and memberships In addition to managing the sponsor relationships with over ten organizations,Annette serves as an officer for the Utah Chapter of the Association for Corporate Growth,for which she directs all marketing and public relations efforts. Annette is particularly skilled at linking organizations in areas of collaboration in an effort to help build a more productive community. Annette is active in MountainWest Capital Network (MW�'CN) and serves on MWCN's Utah 100 Fastest Growing Companies recognition event committee.Additionally,Annette serves on the advisory board of the Women Tech Council. Additional experience Annette developed a deep appreciation for the benefit of arts,culture and science education in her youth. Born in Washington,D.C.,Annette spent her elementary school years going on fieldtrips to the Smithsonian and similar museums and historical sites. At age 12,she moved to Missouri where.her family traveled regularly to Chicago specifically to enjoy the unicjue educational experiences available there.Now a mother of t-vo young children,Annette is compelled to bring similar experiences to her family, and to introduce them to a community that nurtures creativity and innovation. Experience with not-for-profit organizations For three years while studying English Literature and Business at Colorado State University,and after,Annette worked for a not-for-profit organization that provides services for developmentally disabled adults.Annette wrote service programs for the participants,and lead several fundraising and public relations efforts for the organization. In that experience,and through other opportunities with not-for-profit entities,Annette has truly come to understand the satisfaction that accompanies contributing in a united effort to a cause that is greater than the individuals supporting it. Contact details 155 North 400 West,Suite S00 Salt Lake City,UT 84103 T: 801.415.1058 E: Amaette.Christensen@gt.com ©Grant Thornton LLP All rights reserved U.S.member firm of Grail Thornton late,national Ltd The Leonardo Board Member 2008-09 *144 Ip. Beth Elder,Board Member Beth Elder,a veteran manager at the Denver Public Library,has been chosen to direct the Salt Lake City Public Library. She succeeds Nancy Tessman,who retired in June after leading the library to its selection as the 2006 Gale/LbrarjJourra1Library of the Year. Elder,who started her job April 28, 2008 was described in the Deseret New by library board president Helen Rollins as, "the quintessential librarian whose vision and inspired leadership will vault us into the future.She's a teacher,she's an inspirer, she's a defender of intellectual freedom and she believes in libraries."Elder,a former bookseller who has worked at the Denver system since 1989,has experience in seeing diverse communities, early childhood literacy, and strategic planning. Elder received her BS in Early Childhood/Human Development from the University c,f Vermont and her'vES (taster's of Library Science) from Emporia University,Kansas. The Leonardo Board Member 2008-09 Dr.Ned Weinshenker,Board Member Dr.Ned Weinshenker currently serves as vice president of strategic ventures and economic development at Utah State University.Prior to accepting this position,he served as director,Life Science Cluster, for the Utah State Governor's Office of Economic Development where he was responsible for coordinating statewide resources in the life sciences for business development in biotech,medical devices and pharmaceuticals. He also worked in upper management positions at several Silicon Valley biotechnology and venture capital firms,and was president,chief executive • officer and director for Salt Lake City-based IOM.ED,where oversaw a successful IPO.Weinshenker has a doctorate in organic chemistry and has worked as a professor at the University of Maryland. He also served as an "t:. invited lecturer and visiting scholar at Stanford University. • Anne-Marie Wright currently serves as the Vice President of Corporate Communications for Merit Medical Systems. Anne-Marie has worked in communications for several years. She worked as Deputy Director of Communications in the press office in New York City under Mayor Rudy Giuliani. She is a published author and serves or has served on many Boards of Directors, including the Utah Symphony & Opera, Discovery Gateway, the Salt Lake Chamber of Commerce, the Utah Shakespearean Festival, KUED and others. She graduated from Columbia University with a degree in political science and earned her Master's degree from Columbia Journalism School. Amok The Leonardo Board Member 2008-09 . Marshall Wright, Chair, Executive Committee '?E':' Wright brings over 40 years of experience in engineering,marketing and management .` &j , in the technology sector to The Leonardo Board. He has worked for Sperry l'n" ',i Corporation and Unisys,and recently retired as director of strategic planning and ".' I '', business development for homeland security programs at the Utah division of L-3 €; 4 p P g Communications.Currently,Wright serves as director of business development for the State of Utah's Governor's Office of Economic Development,and is also a • member of several local business organizations that promote economic growth in i,' Utah.Wright is an advisor to the State of Utah's Center for Excellence Program, which funds emerging technologies and fosters business development partnerships between academia and the local Utah business community The Leonardo STATEMENT OF INCOME Jul 1, 2010 thru Apr 30,2011 Quarter Ended Quarter Ended Quarter Ended Month Ended Total Sep 30,2010 Dec 31,2010 Mar 31,2011 Apr 30,2011 Revenue - .-_� Contributions&Support $ 67,950 $ 709,970 $ 610,993 $ 2,125 ,$1,391,038 . Government Grants 138,505 145,810 264,313 - 548,628 Donated goods&services 3,500 3,000 15,990 9,726 32,2166 Earned revenues - 299 676 - 975 Revenue from Investments 1,833 1,240 1,525 374 4,972 Total Revenue 211,788 860,319 893,497 12,225 1,977,829 Operating Expenses Salaries&related expenses 272,438 291,138 238,861 100,993 903,429 Contract service expenses 75,928 140,509 164,353 63,407 444,196 Donated services 500.00 - - - 500.00 Total Personnel Expenses 348,864 431,647 403,214 164,40C 1,348,124 Supplies&other office expenses 25,253 15,036 28,390 11,683 80,372 Donated materials&supplies - - 1,700 8,726 10,426 Facility&equipment expenses 24,809 26,290 31,966 11,854 94,918 Donated facilities 3,000 3,000 3,000 1,000 10,000 Travel&meetings expenses 13,976 23,333 10,433 3,993 51,734 Special Events 575 2,109 - 638 3,321 Marketing&Advertising 32 2,710 39,588 12,670 55,000 Other Expenses 2,302.70 3,439.41 3,111.62 1,000.72 9,854.45 Total Non-personnel Expenses 69,957 75,916 118,188 51,564 315,626 Furniture,Fixtures,&Equipment 5,197 3,352 5,015 1,399 14,963 AN*6 Exhibits 79,631 45,890 230,601 46,924 404,045 Software - - 8,495 - 8,495 Toots 2,095 - 1,700 - 3,795 Total Expenses to be Capitalized 86,923 50,242 245,811 48,322 431,298 Total Expenses 505,743 557,805 767,214 264,287 2,095,049 Net Income(Loss) $ (293,955) $ 302.514 S 126,284 $ (252,061) (117,219) Prepared By: Laura Reid,6130 Page 1 of 2 The Leonardo BALANCE SHEET Apr 30, 2011 and 2010 Assets 2011 2010 Variance % Current Assets Cash $ 1,029,738 $1,851,852 $ (822,114) -44.4% Accounts Receivables 52,481 94,288 (41,807) -44.3% Contributions receivable 669,231 356,506 312,725 87.7% Other receivables 787 994 (208) -20.9% Prepaid Expenses 23,028 1,607 21,421 1332.7% Inventories for sale 7,131 3,585 3,546 98.9% Accrued revenues 200,000 45,151 154,849 343.0% Total Current Assets 1,982,396 2,353,984 - 0.0% Property and Equipment Fixed operating assets 1,372,C67 1,321,836 50,231 3.8% Accumulated Depreciation (154,497) (89,937) (64,560) 71.8% Total Property and Equipment 1,217,570 1,231,899 50,231 3,8% Total Assets $ 3,199,966 $3,585,884 $ (385,913) -10.8% Liabilities and Stockholders'Equity 2011 2010 Variance % Current Liabilities Payables S 337 $ 13,025 $ (12,687) -97.4 American Express 23,323 11,663 11,665 100.0% Accrued liabilities 40,862 - 40,882 0.0% Payroll Liabilities 40,970 21,155 19,815 93.7% Hemingway Recoverab'e Grant 200,417 385,417 (125,0001 -32.4% Total Current Liabilities 365,914 431,259 19,815 93.7). Total Liabilities 365,914 431,25E (85,345) -15.2% Stockholders'Equity Unrestricted Net.Assets 2,593,644 2,561,036 (67,192) -2.5% Temporar;ly restricted net ease 357,426 546,900 (189.472) -34.6% Net Income (117,219.221 (63,311.35) (63,907.87) 119.88 lc Total Stockholders'Equity 2,834,052 3,154,625 - 0.0% Total Liabilities and Stockholders'Equity $ 3,199,966 $3,535,384 $ (385,918) -10.8% Prepared By: Laura Reid,6,30 Page 2 at 2 iHci.[oNARDP FY2012 Budget Income Q3 FY12 Q2 FY12 Q3 FY12 0,4 FY32 I FY12 Total a01111%, 1 Fundraising 499,0CC 310,000 260,5CC 377,000 1,446,500 2 Ticket Sales - 624,240 477,36C 459,000 1,560,600 3 Earned Revenues 60,000 72,000 73,000 205,000 4 Memberships - 33,000 33,CC0 34,0CCI 100,000 5 Events - 24,00C 36,000l 36,0CC 96,000 6 Programming - 3,000 3,000i 3,CCO 9,000 7 Interest Income 700 1,050 1,050 1,C50 3,850 8 Total Income 499,700 995,290 810,910 910,050 3,215,950 Personnel 9 Employee 275,360 433,720 489,600 489,600I 1,688,280 10 7220-Salaries&Wages 237,810 375,990 422,370 422,370 1,458,540 11 7240•Employee benefits 12,420 18,090 22,68C 22,630 75,870 12 7250-Payroll taxes,etc. 25,13C 39,640 44,550 44,550 153,870 13 Consultant 134,770 110,490 107,940 98,940 452,140 14 7510-Fundraising fees 6,00C 9,000 - 15,000 15 7520-Accounting fees 13,250 5,550 - - 18,800 16 7530-Legal Fees 1,500 1500 1,5C0 1,500 6,000 17 7540-Professional fees•other 57,490 30,990 30,990 30,990 150,460 18 7550-Temporary help-contract 28,580 19,500 19,500 19,500 87,080 19 7555-Janitorial 9,950 22,950 22,950 22,950 78,800 20 7560-Outside computer services 18,000 18,00C 18,000 18,00C 72,000 21 7570-Website Design and Maint 6,000 6,000 6,000 6,000 24,000 22 Total Personnel 410,130 544,210 597,5401 588,540 2,140,420 Non-personnel 23 Supplies 43,340 39,69D 39,690 39,690 167,410 24 8110-General supplies 16,940 10,440 10,44C 10,440 48,260 25 8111-Shop Supplies 3,000 1,5C0 1,500 1,5CC 7,50C 25 8115-Programming Supplies 7,000 12,000 12,000 12,000 43,000 27 8130-Telephone&telecommunications 8,7C0 10,C50 10,050 10,050 38,850 23 8140-Pcstage&shipping 42C 423 420 420 1,680 29I 817C-Printing&copying 6,630 1,650 1,630 1,650 11,600 30 8180-Books,Subscriptions&reference_ 1.50 150 150 150 600 s 31 8135-Software Subscriptions 5,430 3,480 3,430 3,480 15,920 32i Occupancy and Equipment { 60,400 53,650 58,650 58,650 236,350 331 8211-Rant,parkIng,other occupancy 25,800 5,703 5,70C 5,7C0 42,900 34 8220-Utilities 24,250 33,000 33,C00 33,000 123,250 35 8230-Supplies for Building 4,6CC 3,000 3,000 3,CCO 13,600 36 8235-Security Expense(alarm setup&monitoring; 303. 1,500 1,500 1,500 4,800 37 8240-Building Maintenance/Janitorial 750 12,75C 12,730 12,753 39,000 38 8260-Equipment rental 1,500 1,500 1,500 1.500 6,CCO 39 8265-Equipment Maintenance 600 63C 600 633 2,4C0 40 8230-Auto Repair and Maint 600 63C 500 603 2,4C0 41 8200-Donated facilities 2,003 - - - 2,CC0 42 Travel 36,010 10,290 10,290 11,700 65,380 43 B312-Education Travel 3,003 3,000 3,CCO 3,000 12,000 44 6315-Consultant Travel 3,000 3,000 3,CCO 3,003 12,000 45 6320•Conferences&meetings 1,650 1.650 1,530 1,653 6,6C0 46 8325-Special Events 25,720 - - 1,500 27,220 47 6330-Auto Mileage&Gas 1,200 1,23,3 1,2C0 1,200 4,500 48 6340-Meals 1,440 1,440 1,440 1,440 5,760 49 Communication 215,600 51,600 52,600 50,600 370,400 50 8570-Advertising Expense 175,000 51,000 52,000 53,000 328,00C 51 8571-Communication/Ad Exp 600 6C0 600 60C 2,400 52 Banners 5,0CC - - - 5,000 53• Dor.orSignage 25,000 - - - 25,000 541 Wayfinding 10,000 - - - 10,000 55 Other Expenses 4,79D 31,990 41,120 39,760 137,660 56 8520•Insurance-non-employee relate 3,030 3,CCO 3,000 3,30.2 12,000 57 8530-Membership dues 750 75C 750 750 3,000 58 8560-Bank fees 300 3300 KO 300 1,200 59 8562-Credit Card Discounts 240 46,440 35,570 34,210 116,460 60 8565-Payroll Fees 500 1,5C0 1,500 1,500 5,000 61 Contingencies 7,500 7,500 7,500 7,500 30,000 62 8590.Other expenses/Contingencies 7,500 7,500 7,5C0 7,500 30,000 63 Fixed Asset Purchases 152,950 9,000 9,000 9,000 179,950 64 Computer Equipment 37,450 9,003 c.CC 9,000 64,450 555 Furniture,Fixtures,&Equipment 62,000 - - - 62,000 66 Inventories for Sale 19,000 - - - 19,000 67 Micron Classroom 22,503 - - 22,500 Al* 63 Security Equipment 12,003 - - - 12,000 63 Exhibits 593,67C 75,030 75,000 75000 813,670 70 Total Non-personnel 1,119,260 303,720 293,850 291,990 L 2,003,820 71 Total Expenses 1,529,390 847,930 891,390 880,530 4,149,240 1 72 Net Income (1,029,690)__147,360 (80,480) 29,520 (933,290) JHc.EONARDP FY2013 Budget income 691 FY13 Q2 FY13 Q3 FY13 Q4 FY13 _ FY13 Total 1 Fundraising 499,97050C,01C 500,0:0 ~��500,010 2,000,000 2 Ticket Sales 401,640 417,70C 385,560 401,640 1,606,540 3 Earned Revenues 85,300 84,9C0 84,900 84,900 340,000 4 Memberships 25,300 24,900 24,9C0 24,900 100,000 5 Events 45,00C 45,CCO 45,000 45,000 180,000 6 Programming 15,000 13,CCO 15,000 15,000 60,000 7 Interest Income 1,050 1,050 1,C50 1,050 4,200 8 Total Income 987,960 1,003,660 971,520 987,600_ 3,950,740 Personnel 9 Employee 510,030 510,030 510,030 510,030 2,040,120 1C 7220-Salaries&Wages - 439,250 439,260 439,260 439,260 1,757,040 11 7240-Employee benefits 24,390 24,390 24,390 24,390 97,560 12 7250•Payroll taxes,etc 46,380 46,380 46,380 46,38C 185,520 13 Consultant 103,940 105,940 98,940 98,940 407,760 14 7520-Accounting fees 5,000 7,CC9 - 12,000 15 7530•Legal Fees 1,500 1,5CC 1,500 1,5C0 6,000 15 7540•Professional fees-other 30,990 30,990 3C,990 30,990 123,960 17 7550-Temporary help-contract :o,500 19,5C0 09,5C0 19,500 78,000 18 7555-Janitorial 22,950 22,95C 22,950 22,950 91,800 19 7360-Outside computer services 18,000 18,000 18,000 18,C00 •72,C00 20 7570•Website Design and Maint 6,000 6,000 6,000 6,000 24,000 21 Total Personnel 1 613,970 615,970 608,970 608,970 1 2,447,880 Non- oraoansl 22 Supplies 39,690 39,690 39,690 39,630 158,760 23 8110-General Supplies 10,440 10,440 10,440 10,44C 41,760 24 8111-Shop Supplies 1,50C 1,50C 1,500 1,5C0 6,000 25 8315-Programming Supplies 12,000 12,000 12,C00 12,000 48,000 26 8130-Telephone&telecommunications 10,050 10,050 10,050 10,050 40,200 27 8140•Postage&shipping 420 420 420 420 1,680 23 8170-Printing&copying 1,650 1,65C 1,650 1,65C 6,600 29 8130-Books,Subscriptions&reference 150 150 150 150 600 3C 8185-Software Subscriptions 3,480 3,480 3,480 3,460 13,920 31 Occupancy and Equipment 58,650 53,650 58,650 58,650 234,6CC 32 8210-Rent,parking,other occunancy 5,7C0 5,700 5,7C0 5,700 22,8C0 33 8220-Utilities f 33,00E 33,CCO 33,CO3 33,000 132,000 34 S23C-Supplies for Building i 3,000 3,CCO 3,200 3,C00 12,CC0 35 8235•Security Expense(alarm setup&monitoring) 1,5C0 1,50.0 1,5CC 1,500 6,000 36: 8240-Building Maintenance/Jan'.tarial 12,750 12,750 12,750 12,750 51,CC0 371 6260-Equipment rental 1,50.0 1,5C0 1,500 1,500 6,000 33 8265-Equipment Maintenance 6C0 600 6CO 600 2,400 39 8230-Auto Repair and Maint 600 600 600 60O 2,400 40 Travel 10,290 10,290 10,290 15,200 46,160 41 8312-Ed4caticaTrccei 3,CCO 3,C00 3,000 3,070 12,000 42 6315-Consultant'Travel 3,CCu 3,300 3,C00 1.000 12,000 43 6320-Conferences&meetings 1,650 1,650 1,950 1,650 6,60C 41 8325-Special Events - - - 5,CCO 5,000 45 6330-Auto%Ireage&Gas 1,200 1,200 1,200 1,200 4,60C 45 8340-Meals 1,446 1,440 1,440 1,440 5,760 47 Communication 44,350 46,100 42,600 44,350 177,400 IS 8570-Advertising Expense 43,750 45,500 42,CCC 45.753 175cC0 49 S571•Communication/Ad Exp 6C0 CCC 600 60O 2,400 5Cii Other Expanses 35,510 36,700 34,320 35,510 142,040 51' 6520-Insurance-non-employee relate 3,CCO 3,000 3,000 3,000 12,000 52 6530-Membership dues 750 750 750 750 3,000 53 656C-Ran:kFees 3CC 300 300 360 1,200 5' 6562-Credit Card Discounts 25,950 31,150 23,770 26,550 119,840 55 8565•PayroC Fees 1,5C0 1,533 1,500 1,500 6,000 56 Contingencies 8,320 8,250 8,250 8,250 33,070 57 6590.Other exparsas,Contingencies 8,320 8,250 8,250 8,250 33,070 5S Fixed Asset Purchases 9,000 9,000 9,000 9,C0C 36,000 59 Computer Equipment 9,"r0 9,CCO 9,00C 9,CCO 36,C00 so Exhibit; 150,000 150,000 150,000 ' 150,000 6C0,000 61 Total Nor-personnel 355,310 353,680 352,800 360,740 1,428,030 62 Total Expenses 969,780 974,650 961,770 959,710 3,875,910 63 Net Income 18,180 29,010 9,750 17,890 74,830 H'iiONARDP FY2014 Budget Income Q1 FY14 Q2 FY14 Q3 FY14 _Q4 FY14 FY14 Total 1 Fundraising 499,970 500,01C 500,010 500,010 2,000,000 ` 2 Ticket Sales 516,390 537,04C 493,720 516,390 2,065,540 3 Earned Revenues 65,300 84,900 84,900 64,900 340,000 4 Memberships 25,300 24,900 24,900 24,900 100,000 5 Events 45,000 45,000 45,000 45,000 180,000 6 Programming 15,000 15,000 15,000 15,000 60,000 7 Interest Income 1,030 1,050 1,050 1,050 4,200 8 Total Income 1,102,710 1,123,000 1,081,680 1,102,350 4,409,740 Personnel 9 Employee 525,480 525,480 525,480 525,480 2,101,920 10 7220•Salaries&Wages 451,740 451,740 451,74C 451,740 1,806,960 11 7240-Employee benefits 26,100 26,100 26,100 26,100 104,400 12 7250-Payroll taxes,etc. 47,640 47,640 47,640 47,64C 190,560 13 Consultant 104,940 107,440 98,940 98,940 410,260 14 7520•Accounting fees 5,000 8,SC0 - 14,500 15 7530-Legal Fees 1,500 1,500 1,500 1,500 6,000 15 7540-Professional fees-other 30,990 30,990 30,990 30,990 123,960 17 7550•Temporary help-contract 19,5C0 19,500 19,500 19,500 78,000 15 7555.3anitor1a1 22,930 22,950 22,95G 22,950 91,800 19 7560.Outside computer services 18,0CC 18,C00 13,000 18,000 72,000 2C 7570•Website Design and Malnt 6,000 6,000 6,000 6,000 24,000 21 Total Personnel 630,420 632,920 624,420 624,420 2,512,130 Non-personnel 22 Supplies 39,690 39,690 39,690 44,690 163,760 23 8110-General Supplies 10,440 10,440 10,440 10,440 41,760 24 8111-Shop Supplies 1,500 1,500 1,500 1,500 6,000 25 8115-Programming Supplies 12 CCO 12,000 12,000 12,000 48,CC0 26 8120-Donated Materials&Supplies - - - 5,CC0 5,000 27 8130•Telephore&telecommunications 10,050 10,052 13,35C 10,05E 40,2CC 8140-Postage&shipping 420 420 420 420 1,680 29 8170-Printing&copying 1,650 1,650 1,650 1,550 6,630 Al 3C 8130-Books,Subscriptions&reference 150 153 350 153 60C 311 81195-Software Subscriptions 3,433 2,4SC 3,430 3,430 13,920 32 Occupancy and Equipment 58,650 53,650 53,550 58,650 234,600 33 821C-Rent,parking,other occupancy 5,700 5.7CC 5,70C 5,700 22,800 34 3220-Utilities 33.0CC 33,000 33,000 33,CC0 132,000 35 S230•Supplies for Building 3,CCC 3,000 3,03C 3,000 12,CC0 36f 8235-Security Expense(alarm setup&monitoring) 1,500 1,500 1,5G0 1,500 6,000 3Li 8240.Building Maintenance/Janitorial 12,750 12,75C 12,730 12,75C 51,000 331 8250-Equipment rental 1,5C0 1,500 1,500 1,5CC 6,000 39 8283-Equipment Maintenance 600 6CC E00 KC 2,400 40 823C-Auto Repair and Maint 600 600 6C0 630 2,400 41 Travel 10,290 10,290 10,290 15,290 46,160 42 8312-Education Travel 3,000 3,000 3,CCO 3,00C 12,000 43 5315-Consultant Travel 3,000 3,0CC 3,CCO 3,000 12,C00 44 8320-Conferences&meetings 1,653 1,65C 1,550 1,650 6,600 45 8325•Special Events - - - 5,OCD 5,000 46 8330•Auto Mileage&Gas 1,200 1,200 1,2CC 1,203 4,800 47 6340-Meals 1,440 1,440 1,440 1,440 5,760 43 Communication 56,850 59,100 54,600 56,850 227,400 49 8570-Advertising Expense I 56,25.0 53,5C0 54,000 56,250 225,000 50 8571-Communication/Ad Exp I 600 600 6C0 6CC 2,400 5' Other Expenses 44,010 45,540 42,430 44,010 176,040 52 8520-Insurance•non-employee relate 3,000 3,000 3,000 3,000 12,000 53 3530-Membership dues 750 750, 750 750 3,C00 54 356D-Bank fees 303 300 3CC 300 1,200 55 8562-Credit Card Discounts 33,460 39,990 36,930 33,460 153,840 56 S565-Payroll Fees 1,500 1,50C 1,500 0,500 6,CCG 57 Contingencies 25,730 26,730 26,730 26,730 106,920 53 8590.Other expenses/Contingencies 26,730 26,730 26,730 26,730 106,920 59 Fixed Asset Purchases 9,000 9,000 9,000 1 9,000 36,000 60 Computer Equipment 9,000 5,000 9,000 9,CCO 36,000 , 51 Exhibits 150,000 150,003 150,000 150,C00 600,000 62 Total Non-personnel ( 395,220 399,000 391,440 405,220 1,590,880 63 Total Expenses 1,025,640 1,031,920 1,015,860 1,029,640 4,103,060 64 Net Income 77,070 91,080 I 65,820 _ 72,710 306,680_. JH1LEONARD Cash Flow Forecast t1040 %kV' C. AT gai I. FY2012 Budget cl:'L•.:'ctYz.'1'mmr_.'T47',aarc tr.9erir.Aro sInve(@LTC=ren.29L V,3r.Y.mr.r......r.v[mLr7's ccr.C.1[."mts.-w:i.1.zzez ldraour6CTbmrtata fEU"mzugIT acerPm eraria ucuse=f'4.11.1l' ..,.. --,..-...--. ..,-, .-•-, ., .......,-.,.-„ 'orynr.0'mm*,....-0.*-...m, Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-I2 - Estimated Cash At Beginning of Period 790,000 486,100 330,410 (118,740) (140,910) (158,980) 55,340 48,810 28,280 133,250 162,220 132,690 Cash In Fundraising 103,000 2.56,000 140,000 30,000 35,000 245,000 71,000 97,000 92,500 145,000 85,000 147,000 Ticket Sales - - - 770,370 70i,960 ?0l56{) 146,880 165,240 165,240 165,240 165,240 128,520 Earned Revenue(Events,etc) - - - 12,000 24,000 24,000 24,000 24,000 24,000 24,000 24,000 25,000 Interest Income 200 150 350 350 350 350 350 350 350 350 350 350 Adjust for Alt(caeh ha-is) G9,130 79,050 54,050 1,550 4,830 51,550 56,550 1,550 131,550 1,550 1,550 76,550 Cash Out Current Beseline Expenses (433,160) (403,600) (255,500) (164,370) (160,200) (158,900) (154,820) (156,180) (156,180) (157,680) (156,180) (153,460) Incremental Expenses Necessary to Open (27,630) (26,870) (377,63C) (111,60C) (113,640) (139,220) (140,070) (142,070) (142,070) (139,070) (139,070) (135,070) Hemingwev&City Loon Rcpey:nenl; (10,420) (10,420) (10,420) (10,420) (10,420) (10,420) (10,420) (10,420) (10,420) (10,420) (10,420) (10,420) Cash at end of period 456,100 330,410 (118,740) (140,910) (158,980) 55,340 48,810 28,280 133,250 162,220 132,690 211,160 Cash at end of period G00,000 500,000 - 400,000 300,000 200,000 .. 100,000 ' (100,00o)ruIrt11 Aug-11 s,r 1 l E. I, 00j-I 1 Dec-11 Jan-12 reb-12 Mar-12 Apr-12 May-12 Jun 12 (200,000) , „....‘ JHUONARDI' Cash Flow Forecast 0,4A, 100*113Arnal FY2012 Budget Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-12 Estimated Cash At Beginning of Period 790,000 486,100 930,410 481,260 453,090 429,020 637,340 624,810 598,280 697,250 720,220 684,690 a .1(„ Cash In Fundraising 103,000 256,000 140,000 30,000 35,000 245,000 71,000 97,000 92,500 145,000 85,000 147,000 loan Receipt - 600,003 - - - - - - - - - - Ticket Sales - - - 220,320 201,960 201,960 146,880 165,240 165,240 165,240 165,240 128,520 Earned Revenue(:vents,etc) - - 12,000 24,000 74,000 24,000 24,000 24,000 24,000 24,000 25,000 Interest Income 200 150 350 3.50 350 350 350 350 350 350 350 350 Adjust for AR(cash bass) 69,110 29,050 54,050 1,550 4,830 51,550 56,550 1,550 131,550 1,550 1,550 76,550 t - Cash Out Current Baseline Expenses (438,160) (403,600) (255,500) (164,370) (160,200) (158,900) (154,820) (156,180) (156,180) (157,680) (156,180) (153,460) Incremental Expenses Necessary to Open (27,630) (26,870) (377,630) (111,600) (113,640) (139,220) (140,070) (142,070) (142,070) (139,070) (139,070) (135,070) Hemingway&City Loan Repayments (10,420) (10,420) (10,420) (16,420) (16,420) (16,420) (16,420) (16,420) (16,420) (16,420) (16,420) (16,420) Cash at end of period 486,100 930,410 481,260 453,090 429,020 637,340 624,810 598,280 697,250 720,220 684,690 757,160 Cash at end of period 1,000,000 800,000 - --- 600,000 -- 400,000 200,000 Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-12 ) THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE, AND SCIENCE Y r v ?. ,Fr,„ 3 v, ,R i l 5•+,+' ,_ # T sy I' 4 is 1' t .o;,�r t,,.r� „ ,,..-_,,,,..4:sz.,-4,-,.,..,, ,.....0,-..,c,.. ih,, ally -) 1 yM11d1a � �r,�r;Pt { k 4414,...t,. I .,,,#(�.,.. 1{,apt ,t .; .�rr• _ i y r_ V �..�_:n�-•6i.)L rp • .. t ;$ 'y i - ° Ie 1 e r.•...—."•—'•,• ;. 's Ir'!..)_ '-' 'tt! '---.-7,•-';4:4,1, ,s.. —§,-Nrzl.....^ „... ..'''!•••• -•-...4 ,•',;..;,.!'•'./ i'l ...: fie- i.. :-.5.. ...1..-...,i,,, ....-..‘-‘,-.,...,).;. ,:::.,_-"Y"Ar.....'.. 1•.- ., ,i,--..-f::4iA .,x..s•'' --7—.. '4'.'tt;:,-i' . ,-, .:--,'‘ '. • ''' i , +rr. r air "'i t ' .i. ' - FL '. N • . r 9 ft,eonLtrdo FINANCIAL STATEMENTS Years Ended June 30, 2010 and 2009 INDEPENDENT AUDITORS'REPORT To the Board of Directors THE LIBRARY SQUARE FOUNDATION FOR ARTS, CULTURE AND SCIENCE We have audited the accompanying statements of financial position of The Library Square Foundation for Arts, Culture and Science (The Leonardo) as of June 30, 2010 and 2009 and the related statements of activities and cash flows for the years then ended. These financial statements are the responsibility of The Leonardo's management. Our responsibility is to express an opinion on these financial statements based on our audits. Vie conducted cur audits in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, C evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis fcr our opinion. In cur opinion, the financial statements referred to above present fairly, in all material respects, the financial position of The Leonardo as of June 30, 2010 and 2009, and the changes in its net assets and its cash flows far the years then ended in conformity with U.S. generally accepted accounting principles. Salk Lake City, Utah February 28, 2011 The Library Square Foundation for Art,Culture,and Science 3 Amok STATEMENT OF FINANCIAL POSITION JUNE 30, 2010 and 2009 2010 2009 ASSETS CURRENT ASSETS Cash and cash equivalents $ 1,649,288 $ 1,126,854 Unconditional promises to give,net 214,600 1,225,043 Receivables 126,429 32,812 Prepaid expenses and other assets 11,035 3,786 Investments - 25,000 TOTAL CURRENT ASSETS 2,001,352 2,413,495 UNCONDITIONAL PROMISES TO GIVE, net 197,250 186,306 PROPERTY AND EQUIPMENT,at cost, less accumulated depreciation 50,916 61,397 EXHIBITS IN PROGRESS 1,166.654 1,116,971 TOTAL ASSETS 5 3,416,172 $ 3,778,169 LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable $ 50,191 $ 23,224 Accrued liabilities 51,216 47,008 Recoverable grant 125,000 125,000 TOTAL CURRENT LIABILITIES 226,407 195,232 LONG TERM LIABILITIES Recoverable grant 239,583 375,000 NET ASSETS Unrestricted 2,554,715 2,291,270 Temporarily restricted 395,457 916,667 TOTAL NET ASSETS 2,950,182 3,207,937 TOTAL LIABILITIES AND NET ASSETS $ 3,416,172 $ 3,773,169 Amok Sec accompanying notes to financial statements. The Library Square Foundation for Art,Culture,and Science 4 ' STATEMENT OF ACTIVITIES Years Ended June 30, 2010 and 2009 2010 2009 CHANGES IN UNRESTRICTED NET ASSETS Support,Revenues and Losses Contributions and grants $ 1,231,571 $ 1,003,582 In-kind contributions 13,612 708,534 Exhibit admissions - 1,602,475 Other income 22,998 62,317 Loss on sale of assets - (14,210) Interest income 5,494 8,014 TOTAL SUPPORT, REVENUES, AND LOSSES 1,273,675 3,370,712 NET ASSETS RELEASED FROM RESTRICTIONS 533,800 650,554 TOTAL SUPPORT, REVENUES,LOSSES AND NET ASSETS RELEASED FROM RESTRICTIONS 1,807,475 4,021,266 EXPENSES Program services Leonardo on Wheels 259,488 214,280 STEMworks 216,173 121,691 Exhibits 139,698 33,500 Science and Engineering Fair 20,693 48,343 Other programs 33,724 25,156 BcdyWorlds exhibit - 2,070,220 Education 412,23E Supporting services Management and general 693,458 523,397 Fundraising 175,794 149,680 TOTAL EXPENSES 1,544,030 3,598,505 INCREASE IN UNRESTRICTED NET ASSETS 263,445 422,761 CHANGES IN TEMPORARILY RESTRICTED NET ASSETS Contributions 12,600 351,009 Net assets released from restrictions (533,800) (650,554) DECREASE IN TEMPORARILY RESTRICTED NET ASSETS (521,200) (299,545) CHANGE IN NET ASSETS (257,755) 123,216 NET ASSETS, BEGINNING OF YEAR -Restated 2009 3,207,937 3,034,721 NET ASSETS, END OF YEAR $ 2,950,182 $ 3,207,937 See accompanying notes to financial statements. ti The Library Square Foundation for Art,Culture,and Science 5 STATEMENT OF CASH FLOWS Years Ended June 30, 2010 and 2009 2010 2009 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets $ (257,755) $ 123,216 Adjustments to reconcile change in net assets to net cash from operating activities: Depreciation 64,560 78,293 Contribution of property and equipment - (260,000) Loss on sale of assets - 14,210 (Increase)decrease in operating assets: Unconditional promises to give 999,499 456,675 Other receivables (93,617) 431,573 Prepaid expenses and other assets (7,249) 548 Increase(decrease)in operating liabilities: Accounts payable 26,967 (36,186) Accrued liabilities 4,208 (298,012) NET CASH FLOWS FROM OPERATING ACTIVITIES 736,613 510,317 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of property and equipment (103,762) (140,604) Proceeds from sale of investments 25,000 - NET CASH FLOWS FROM INVESTING ACTIVITIES (78,762) (140,604) CASH FLOWS FROM FINANCING ACTIVITIES Payments on recoverable grant (135,417) (20,000) Payments on notes payable-related parties - (150,000) NET CASH FLOWS FROM FINANCING ACTIVITIES (135,417) (170,000) NET INCREASE IN CASH AND CASH EQUIVALENTS 522,434 199,713 CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 1,126,854 927,141 CASH AND CASH EQUIVALENTS,END OF YEAR $ 1,649,288 $ 1,126,854 SUPPLEMENTAL INFORMATION Cash paid: Interest $ - $ 4,834 Income taxes $ - $ - The Organization received noncash donations of property and equipment of $260,000 for the year ended June 30,2009 See accompanying notes to financial statements. ,rwr,, The Library Square Foundation for Art,Culture,and Science 6 (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES E Nature of activities — The Library Square Foundation for Art, Culture and Science (dba The Leonardo) (the Organization) is a 501(c)(3) nonprofit corporation founded in January 2002. The Organization is in the planning stages and recently entered into a lease for the former Salt Lake City library building where it will operate a science-based multi-disciplinary educational facility targeting young people and adults. The Organization will be responsible for coordinating all programming,operations,administrative and development support. On July 1, 2009, the Organization merged with The Utah Science Center, a 501 (c)(3) nonprofit corporation. This merger was accounted for as a pooling of interest under APB No, 16,Business Combinations, Accordingly, the assets acquired and liabilities assumed were recorded at book value and no goodwill was recorded. For the year ended June 30, 2009, the accompanying financial statements include the accounts of the Leonardo and The Utah Science Center for comparability purposes. Basis of presentation—The Organization prepares its financial statements on the accrual basis of accounting in accordance with U.S. generally accepted accounting principles (GAAP) for nonprofit organizations. The Organization reports information regarding its financial position according to three classes of net assets: unrestricted, temporarily restricted and permanently restricted. Classification of net assets is based upon the existence of donor imposed restrictions. As of June 30, 2009 the Organization did not have any permanently restricted net assets. t C Unrestricted net assets are those not subject to donor-imposed restrictions. Unrestricted net assets may be designated for specific purposes by the Organization or may otherwise be limited by contractual agreements with outside parties. • Temporarily restricted net assets carry specific donor-imposed restrictions on the expenditure or other use of the contributed funds. Temporary restrictions may expire either due to the passage of time or through actions of the Organization pursuant to stipulations indicated by the donor. Permanently restricted net assets include gifts of cash and other assets that are required to be retained permanently by the Organization. Generally the donors of these assets permit the Organization to use all or part of the investment return for operations. Expenses are reported as decreases in unrestricted net assets. Expiration of donor-imposed restrictions that simultaneously increase one class of net assets and decrease another are reported as net assets released from restrictions. Use of estimates — The preparation of financial statements in conformity with U.S, generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period.Actual results could differ from those estimates, l • The Library Square Foundation for Art,Culture,and Science 7 Amok (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Cash and cash equivalents — Cash equivalents are defined as money market funds and highly liquid instruments with original maturities of ninety days or less. Unconditional promises to give —Promises to give are recorded at their estimated fair value. Amounts due later than one year are recorded at the present value of estimated future cash flows. The discount is computed using various interest rates. The Organization estimates the allowance for uncollectible promises to give based on an analysis of specific donors, taking into consideration the age of past due pledges and an assessment of the donor's ability to pay. Receivables — Receivables are recorded at their estimated fair value. The Organization estimates the allowance for uncollectible receivables based on an analysis of specific accounts, taking into consideration the age of past clue balances and an assessment of the likelihood of collection. No allowances are recorded for the years ended June 30, 2010 and 2009 as all balances are considered fully collectible. Investments — Investments consist of publicly traded securities and are stated at fair market value at June 30, 2009. All investments were sold in 2010. Investment return for the years ended June 30, 2010 and 2009 was $17 and $884, respectively, and is recorded with other interest income in the statement of activities. otifoott Property and equipment and exhibits in progress—The Organization's policy is to capitalize all fixed asset purchases over$1,000 individually or as a group when part of the same project.The Organization has incurred costs related to the design and planning of future exhibits and programs. These costs are capitalized and will be depreciated once the exhibits are placed in service. Property and equipment are stated at cost less accumulated depreciation, or if acquired by gift, at estimated fair value at the date of the gift. Depreciation is computed on the straight-line method over the following useful lives: Assets Useful Lives Computer equipment 3 years Furniture and fixtures 3 years Leasehold improvements 2-20 years Vehicles 5 years Exhibits 3-10 years The Library Square Foundation for Art,Culture,and Science S `. (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Long-lived assets—Long-lived assets are reviewed for impairment whenever events or changes in circumstance indicate that the carrying amount of an asset may not be recoverable in accordance with GAAP. Recoverability of assets to be held and used is measured by a comparison of the carrying amount of an asset to future net cash flows expected to be generated by the asset. If such assets are considered to be impaired, the impairment to be recognized is measured by the amount by which the carrying amount of the assets exceeds the fair value of the assets. During the years ended June 30, 2010 and 2009, the Organization did not record an impairment related to property and equipment or exhibits in progress. Exhibit admissions — revenue related to exhibit admissions is recognized as earned when an attendee purchases a ticket to attend the exhibit. Contributions-The Organization records contributions as unrestricted,temporarily restricted or permanentiy restricted support depending on the existence or nature of the donor restrictions. Unconditional promises to give cash or other assets are recorded at their fair value at the date the promise is received. Conditional promises to give or indications of intentions to give Ere not reported until the condition is met. Restricted gifts are recorded as revenue •:;hen, cash is received or a written promise is made by a donor. Donated materials and services-Donated property,securities and other noncesh donations are r recorded as contributions at their fair market value at the date of donation. These gif:s are recorded as unrestricted support unless the donor has restricted the gifts for a specific time c•- purpose in which case they are recorded as temporarily restricted contributions. Vdh en the restrictions are met and the assets are placed in service they are reclassified to unrestricted r.ct esscs. Donated services are recognized as contributions in accordance with nonprofit accounting principles if the services (a) create or enhance nonfinancial assets or (b) require specialized skills, are performed by people with those skills, and would otherwise be purchased. Some volunteers of the Organization have donated significant amounts of time to further the Organization's programs and objectives. No amounts have been included in the financial statements for donated volunteer services since they did not meet the criteria for recognition. Functional allocation of expenses —The costs of programs and supporting services have been summarized on a functional basis in the statement of activities. All direct costs are charged to the functional area to which they pertain. Indirect costs are charged to programs and supporting services based on estimates made by management taking into account the nature of the expense end how it relates to the functional area. General and administrative costs include those expenses that are not directly identifiable with any other functional area but provide for overall support of the organization. The Library Square Foundation for Art,Culture,and Science 9 Alook (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Advertising — Advertising costs are expensed in the period in which they are incurred. Advertising expense for the year ended June 30, 2010 and 2009 was $1,096 and $194,956, respectively. Income taxes—The Organization qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, and accordingly, no provision has been made for federal or state income tax. The Organization believes it does not have and has not recorded a liability for any uncertain tax positions. Fair value of financial instruments —The Organization utilizes various methods to measure fair value of its financial instruments on a recurring basis. Accounting principles generally accepted in the United States of America establishes a hierarchy that prioritizes inputs to valuation methods. The three levels of inputs are as follows: • Level 1 inputs are quoted prices in active markets for identical assets or liabilities that are accessible at the measurement date. • Level 2 inputs are other than quoted prices included within Level 1 that are observable for the asset,either directly or indirectly. • Level 3 inputs are unobservable inputs for the asset that are supported by little or no market activity and that are significant to the fair value of the underlying asset or liab iity. New accounting pronouncements recently adopted—FASB ASC 825, Financial Instruments, (ASC 825), ASC 825-10-65, Transition and Open Effective Dote Information, (formerly referred to as FSP FAS No. 107-1 and APB Opinion No. 28) requires disclosures about fair value of financial instruments in the financial statements. This pronouncement is effective for periods ending after June 15, 2009. The adoption did not have a material impact on the financial statements. Effective July 1,2009 the Organization adopted ASC 740,Income taxes(formerly referred to as FIN No. 48). This guidance clarifies the accounting for uncertainty in income taxes recognized in the financial statements (Note 1-Income taxes). The adoption did not have a material impact on the financial statements. FASB ASC 855, Subsequent Events, (formerly referred to as SFAS No. 165), modified the subsequent event disclosure guidance and was adopted by the Organization for the year ended June 30,2010(Note 11). In August 2009,the FASB issued Accounting Standards Update No.2009-05(ASC Update 2009-05), an update to FASB 820, Fair Value Measurements and Disclosures. This update provides amendments to reduce potential ambiguity in the financial reporting when measuring the fair value of liabilities. This pronouncement was effective for the Organization's year ended June 30, 2010. The adoption did not have a material impact on the financial statements. The Library Square Foundation for Art,Culture,and Science 10 (2) UNCONDITIONAL PROMISES TO GIVE,NET Promises to give due in more than one year are recorded at the present value of estimated future cash flows using a range of discount rates. Unconditional promises to give consist of the following: 2010 2009 Amounts due in: 1 year $ 214,600 $ 1,225,043 2-5 years 206,191 291,056 Thereafter - - 420,791 1,516,099 Less:allowance for doubtful accounts - (52,965) Less:unamortized discount (8,941) (51,785) Total unconditional promises to give $ 411,850 $ 1,411,349 (3) PROPERTY AND EQUIPMENT AND EXHIBITS IN PROGRESS Property and equipment and exhibits in progress consist of the following: 2010 2009 Property and equipment Computer equipment $ 34,713 $ 64,644 Furniture and fixtures 71,787 9,979 Leasehold improvements 75,220 53,018 Vehicles 23,693 23,693 Exhibits 309,275 297,592 Exhibits in Progress 857,379 819,379 Total property and equipment and exhibits in progess 1,372,067 1,263,305 Less:Accumulated depreciation 154,497 89,937 Net property and equipment and exhibits in progess $ 1,217,570 5 1,178,368 Exhibits in progress consist of capitalized costs towards completion of exhibits that are not placed in service and are not being depreciated. Depreciation expense charged to operations was$64,560 and$78,293 for the years ended June 30, 2010 and 2009, respectively. (4) NOTE PAYABLE—RELATED PARTY In May 2008,several members of the Board of Directors loaned the Organization$150,000 to be used for general operating purposes. The loan was interest-bearing (at 7.50% per annum) and due no later than February 2009.The balance was paid in full by December 31, 200S. The library Square Foundation for Art,Culture,and Science 11 .ma (5) RECOVERABLE GRANT In September, 2007, the Organization was awarded a Recoverable Grant in the amount of $520,000. The terms of the grant require repayment of the sum based upon several factors including unrestricted pledges raised during a month and during a quarter. Additionally, full repayment was required upon release of the $10 million General Obligation bond and repayment from Salt Lake City for architectural fees. If the preceding conditions were not met by April 30, 2012, then the grant was not 'required to be repaid. On May 12, 2009 the agreement was renegotiated and repayment in 48 equal monthly installments commenced on July 1,2009. (6) TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets consist of the following as of June 30, 2010 and 2009, respectively: 2010 2009 Micron Flash Project $ 70,000 $ 472,193 Human Rights Project 105,675 105,675 Sustainability Features 40,000 40,000 Leonardo cn Wheels - 98,217 Other including time restrictions 179,792 200,582 Balance,end of year $ 395,467 $ 916,667 (7) COMMITMENTS The Organization has committed to lease the former Salt Lake City library building where it will operate a science-based multi-disciplinary educational facility targeting young people and adults. The Organization will be responsible for coordinating all programming, operations, administrative, and development support. The Organization has concluded fund raising for the matching funds required by Salt Lake City and a $10 million bond for the renovation of the former Salt Lake City library building was released in June of 2009. Current estimates of costs to complete the project total approximately$12 to$13 million. On June 24, 2009, a lease for the former Salt Lake City Library building was entered into with Salt Lake City. The initial occupancy term of this lease is twenty years and begins upon substantial completion of improvements to the building. The Organization estimates that substantial completion of improvements will be completed in June 2011. The Library Square Foundation for Art,Culture,and Science mom' t (8) CONCENTRATIONS OF CREDIT RISK The Organization maintains cash balances at four financial institutions. Accounts at each institution are insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000.The Organization has not experienced any losses related to these accounts and believes it is not exposed to any significant credit risk on its cash balances. Approximately 38% and 50% of unconditional promises to give as of June 30, 2010 and 2009, respectively,are due from one donor. (9) FAIR VALUE MEASUREMENTS OF FINANCIAL INSTRUMENTS The following fair value hierarchy table presents information about the Organization's assets- and liabilities measured at fair value on a recurring basis as of June 30, 2010 and 2009. During 2010, investments were sold and proceeds are included in cash and cash equivalents. See Note 1 for a discussion of the Organization's policies regarding this fair value hierarchy. Assets and liabilities measured at fair value on a recurring basis are as follows as of June 30, 2009: Description Total Level 1 Level 2 Level 3 Equities(a) $ 25,000 $ 25,000 $ - $ 25,000 $ 25,000 $ - $ - (a)This category consists of equities held at a brokerage. The fair value of this investment is determined based on quoted market prices as of June 30, 2010. {10) PRIOR PERIOD ADJUSTMENT Beginning net assets for June 30, 2009 were restated and increased by $100,000 to reflect a pledge received but not recorded during the year ended June 30,2008. (11) SUBSEQUENT EVENTS Subsequent events were evaluated through February 28, 2011, which is the date the financial statements were available to be issued. No events requiring disclosure or adjustment to the financial statements were identified. THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE, AND SCIENCE ; •• ••• • •• —• ' , • • •• •• - • • • • '1•'; • • .••• • • • ••-•:. , I 11. ri -s• ..!•..11:1; • .• . t. 11 4,4 A •• • ' - C?r r--k 11 !if a, •• I . • AV* • - • ".1 (4 A ••• • • I it• • . . '•• • -iv ••••••:•.•.41-4" • • •••- ii•Tc • .,4" - • ..„ •-1G-'4-• ••=t,-'1••••t- t , • 4 It! i• 0--•,„-!•4t: •I• • - -.3 - •IR.'. ft. ' 4-• • fit.•••••!!,,—. ...„,,..- - • • , r ut ti 11 Ar•'717 f :; : • •1 ,7• -,!t „ • • t . '111 ‘1 ,N)11111-(h) FINANCIAL STA TEMENTS 1-n(1/.(1 /floc .30, 2009 .00011,, Arthur . �. & Associates PC ('eridlril Public %:(;nuntords INDEPENDENT AUDITORS'REPORT To the Board of Directors THE LIBRARY SQUARE FOUNDATION FOR ARTS, CULTURE AND SCIENCE We have audited the accompanying statement of financial position of The Library Square Foundation for Arts, Culture and Science (The Leonardo) as of June 30, 2009 and the related statements of activities and cash flows for the year then ended. These financial statements are the responsibility of The Leonardo's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, An audit also includes assessing the accounting principles used and significant estimates made by management, as wall as evaluating the overali financial statement presentation, We believe that cur audit provides a reasonable basis for our opinion In cur opinion, the financial statements referred to above present fairly, in all material respects, the financial position of The Leonardo as of June 30, 2009, and the chances in its net assets and its cash flows for the year then ended in conformity with U,S. generally accepted accounting principles cf..,Lizgo . Salt Lake City, Utah February 12, 2010 1 75:ie-g,ch lVe,t Temple.Suite 30 • Sall Lake Cily, Lil 8,1101 • 8301-736-7731 • arlhu cpiss.com The Library Square Foundation for Art,Culture,and Science STATEMENT OF FINANCIAL POSITION JUNI.30, 2009 ASSETS CURRENT ASSETS Cash and cash equivalents $ 939,267 Unconditional promises to give 1,180,043 Other receivables 15,547 Prepaid expenses and other assets 3,786 Investments 25,000 TOTAL CURRENT ASSETS 2,163,643 UNCONDITIONAL PROMISES TO GIVE,net 186,30G PROPERTY AND EQUIPMENT,at cost, loss accumulated depreciation 59,037 CXI1U311S IN PROGRESS 819,379 TOTAL ASSETS $ 3,228,365 a LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable $ 20,321 Accrued liabilities 47,008 Recoverable grant 125,000 TOTAl.CURRENT LlA13ILlTIES 192,329 LONG TERM LIABILITIES Recoverable grant 375,000 NE I ASSETS Unrestricted 1,877,40G Temporarily restricted 783,630 TOTAL NET ASSETS 2,661,036 TOTAI LIAl31LITIES AND NET ASSETS $ 3,228,365 See accompanying notes to financial statements. The Library Square Foundation for Art,Culture, and Science ,�+.. 4 t STATEMENT OF ACTIVITIES Year Ended June 30, 2009 CHANGES IN UNRESTRICTED NET ASSE15 Support,Revenues and Losses Contributions and grants $ 709,255 In-kind contributions 448,384 Exhibit admissions 1,602,475 Other income 52,572 Loss en sale of assets (11,568) Interest income 8,014 TOTAL SUPPORT,REVENUES, AND LOSSES 2,899,142 NET ASSETS RELEASED FROM RESTRICTIONS 293,059 I OTAL SUPPORT,REVENUES,LOSSES AND NET ASSETS RELEASED FROM RESTRICTIONS 3,192,201 EXPENSES Program services Eedyworlds exhibit 2,070,2. Education 412,238 Supp rting services Management and general 492,816 Fundraising 108,746 'IOTA!.EXPENSES 3,084,020 INCREASE IN UNRESTRICTED NET ASSETS 108,131 CiIANGES IN TEMPORARILY RESTRICTED NET ASSETS In-Idnd contributions 9,7414 Nct assets released from restrictions (293,059) DECREASE IN TEMPORARILY RESTRICTED NET ASSETS (283,315) CII\NGC IN NET ASSETS ('175,134) NET ASSETS,BEGINNING OF YEAR (RESTATED) 2,836,170 NE1 ASSETS,END)OF YEAR ti 2,86.1,036 See eccompenying notes to financial statements. The Library Square Foundation for Art,Culture,and Science 111111111111 STATEMENT OF CASH FLOWS Year Ended June 30, 2009 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets $ (175,134) Adjustments to reconcile change In net assets to net cash from operating activities: Depredation 32,216 Loss on sale of assets 11,568 (Increase)decrease in operating assets: Unconditional promises to give 393,500 Other receivables 431,665 ('repaid expenses and other assets (1,049) Increase(decrease)in operating liabilities: Accounts payable (20,089) Accrued liabilities (298,012) NET CASH FLOWS FROM OPERATING ACTIVITIES 374,665 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of properly and equipment (62,404) Additions to exhibits in progress (61,200) NET CASH FLOWS FROM INVESTING ACTIVITIES (123,604) CASH FLOWS FROM FINANCING ACTIVITIES Payments on recoverable grant (20,000) Payments on notes payable-related parties (150,000) NE1 CASH FLOWS FROM FINANCING ACTIVITIES (170,000) NET INCREASE(DECREASE)IN CASH AND CASH EQUIVALENTS 81,051 CASH AND CASH EQUIVALENTS,BEGINNING OF YEAR 858,2.06 CASH AND CASH EQUIVALENTS, END OF YEAR $ 939,267 Supplemental Information Cash paid: Interest $4,834 Income taxes $0 See accompanying notes to financial statements The Library Square Foundation for Art,Culture,and Science .6 NOTES TO FINANCIAL STATEMENTS (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of operations — The Library Square Foundation for Art, Culture and Science (dba The Leonardo) (the Organization) is a 50J.(c)(3) nonprofit corporation founded in January 2002. The Organization is in the planning stages and recently entered into a lease for the former Salt Lake City library building where it will operate a science-based multi-disciplinary educational facility targeting young people and adults. The Organization will be responsible for coordinating all programming,operations,administrative and development support. Basis of accounting—The Organization prepares its financial statements on the accrual basis of accounting in accordance with U,S, generally accepted accounting principles (GAAP) for nonprofit organizations. The Organization reports information regarding its financial position according to three classes of net assets: unrestricted, temporarily restricted and permanently restricted.Classification of net assets is based upon the existence of donor imposed restrictions. As of June 30,2009 the Organization did not have any permanently restricted net assets. • Unrestricted net assets are those not subject to donor-imposed restrictions. Unrestricted net assets may be designated for specific purposes by the Cr`cnizat:i.r: or nay otherwise be limited by contractual agreements with outside parties. • Tetnporarily restricted net assets carry specific donor-imposed rest'rictio.ps on the expenditure or other use of the contributed funds. Temporary restrictions may expire either due to the passage of time or through actions of the Organization pursuant to stipulations indicated by the donor. • Permanently restricted net assets include gifts of cashand ether assets tta , are requited to be retained permanently by the Organization. Generally the donors of these assets permit the Organization to USC all or part of the investment return for operations. Expenses ere reported as decreases in unrestricted net assets. Expirati0n of loner-imposed Ali yi 1 net assets d decrease restrictionstitil! ;:in'ti �.an;(71::,if increase one class of and Cr_`G� mother are reported es net assets released from restrict on:. Use of estimates — The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and � liabilities al the date of the financial statements, and the reported amounts of revenues and expenses during the repotting period.Actual results could differ from those estimates. Cash and cash equivalents —Cash equivalents are defined as money market funcis and highly liquid instruments with original maturities of ninety clays or less. The Library Square Foundation for Art,Culture,and Science Ilk NOTES TO FINANCIAL STATEMENTS (I) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Unconditional promises to give — Promises to give are recorded at their estimated fair value. Amounts due later than one year are recorded at the present value of estimated future cash flows. The discount is computed using various interest rates. The Organization estimates the allowance for uncollectible promises to give based on an analysis of specific donors, taking into consideration the age of past due pledges and an assessment of the donor's ability to pay. At June 30,2009,the Organization recorded an allowance for doubtful pledges of$52,965. investments — Investments consist of publicly traded securities and are stated at fair market value at June 30, 2009. Investment return consists of$884 of interest income and is recorded with other interest income in the statement of activities. Property and equipment and exhibits in progress—The Organization's policy Is to capitalize all fixed asset purchases over$2,000 individually or as a group when part of the same project. The Organization has incurred costs related to the design and planning of future exhibits and programs. These costs are capitalized and will be depreciated once the exhibits are placed in service. Property and equipment are stated at cost less accumulated depreciation,or If acquired by gift, at estimated fair value at the date of the gift. Depreciation is computed on the straight-line method over the following useful lives; Assets Useful Lives Computer equipment 3 years Furniture and fixtures 3 years Leasehold improvements 2-20 years tong-lived assets —Long-lived assets are reviewed for impairment whenever events or changes in circumstance indicate that the carrying amount of an asset may not he recoverable in accordance with GAAP. Recoverability of assets to be held and used is measured by a comparison of the carrying amount of an asset to future net cash flows expected to be generated by the asset. If such assets are considered to be impaired, the impairment to be recognized is measured by the amount by which the carrying amount of the assets exceeds the fair value of the assets. During the year ended June 30, 2009, the Organization did not record an impairment related to property and equipment or exhibits in progress. The Library Square Foundation for Art,Culture,and Science 8 • NOTES TO FINANCIAL STATEMENTS 1 (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Contributions-The Organization records contributions as unrestricted,temporarily restricted or permanently restricted support depending on the existence or nature of the donor restrictions. Unconditional promises to give cash or other assets are recorded at their fair value at the date the promise is received. Conditional promises to give or indications of intentions to give are not reported until the condition is met. Restricted gifts are recorded as revenue when cash is received or a written promise is made by a donor. Donated materials and services-Donated property, securities and other noncash donations are recorded as contributions at their fair market value at the date of donation. These gifts are recorded as unrestricted support unless the donor has restricted the gifts for a specific time or purpose in which case they are recorded as temporarily restricted contributions. When the restrictions are met and the assets are placed in service they are reclassified to unrestricted net assets. Donated seivices are recognized as contributions in accordance with nonprofit accounting principles if the services (a) create or enhance nonfinancial assets or (b) require specialized skills, arc performed by people with those skills, and would otherwise be purchased. Some volunteers of the Organization have donated significant amounts of time to further the Organization's programs and objectives. No amounts have been Inciuded in the financial statements for donated volunteer services since they did not meet the criteria for recognition. Functional allocation of expenses The costs of programs and supporting services have keen summarized on a functional basis in the statement of activities. All direct costs are charger; to the functional area to which they pertain. Indirect costs are charged to programs and supporting services based on estimates made by management taking into account the nature of the expense and how it relates to the functional area. General and administrative costs include those expenses that are not directly identifiable with any other functional area but provide for overall support of the organization. Advertising -- Advertising costs are expensed in the period in which they are incurred. Advertising expense for the year ended June 30,2009 was$194,956. Income taxes—The Organization qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal I�eVC1Ln Code, and accordingly, no provision has been made for federal Cr state income tax. Fair value measurements- definition and hierarchy - In September of 2006 the Financial Accouutin4,1 Standards hoard (FFASF,) Issued SFAS No. 157,Fair Value Mecrsi:rement. SFAS No. 157 celii h was effective for the organization for the fiscal year beginning July 1, 2006. The standard defines fair value, establishes a framework for the measurement of fair value and enhances disclosures about fair value measurements, The standard defines fair value as the price that would be received to sell an asset or paid to transfer a liability in an orderly fashion between The Library Square Foundation for Art,Culture,and Science 9 ,0011114. NOTES TO FINANCIAL STATEMENTS (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) market participants at the measurement date. The organization uses various valuation approaches to determine fair value. SFAS 157 establishes a hierarchy of inputs used in measuring fair value that emphasizes the use of observable inputs and de-emphasizes the use of unobservable Inputs by requiring that the most observable Inputs available be used.Observable inputs are inputs that market participants would use in pricing the asset or liability based or market data obtained from sources Independent of the Organization. Unobservable inputs are inputs that reflect the Organization's assumptions about how market participants would price the asset or liability and are based on the best information available.The hierarchy is as follows: Level 1- Valuations are based on quoted market prices in active markets for identical assets or liabilities. Valuation of these does not require a significant degree of judgment. level 2-Valuations are based on one or more quoted prices in markets that are not active or for which all significant inputs are observable either directly or Indirectly. Valuations require a degree of judgment higher than level 1 valuation. Level 3-Valuations are based on Inputs that are not observable and significant to the overall fair value measurement. Valuations require a significant degree of judgment. In certain cases the inputs used in fair value measurement may fall in to different levels of the hierarchy, In such cases the classification level is determined as the lowest level Input that is Avow significant to the fair value measurement as a whole, In February 2008, the FASO issued FASO Staff Position ("FSP") 157-2 which delays the effective date of SFAS No. 157 for all nonfinancial assets and nonfinancial liabilities, except these that are recognized or disclosed at fair value in the financial statements on a recurring basis (at least annually). For the Organization, this action defers the effective date for those types of assets and liabilities until July 1, 2009.The Organization believes that the implementation of FSP 157-2 will not have a material impact on its financial statements, Recently issued accounting standards - In February 2007, the FAS© issued SFAS No. 159, The Fair Value Option far Financial Assets and Financial l ialailitics-including an amendment of SFAS No, 1.15. SFAS No. 1.59 permits organizations to choose to measure many financial instruments and certain other items at fair value in order to mitigate the volatility in reporting earnings caused by measuring related assets and liabilities differently. SFAS No. 159 is effective for fiscal years beginning after November 15, 2007. The organization did not elect the fair value option for any existing financial instruments as of June 30, 2009, and has not determined if it will elect this option for financial instruments it may acquire in the future. The Library Square Foundation for Art,Culture,and Science • 10 NOTES TO FINANCIAL STATEMENTS {2} UNCONDITIONAL PROMISES TO GIVE,NET Promises to give due in more than one year are recorded at the present value of estimated future cash flows using a range of discount rates. Unconditional promises to give consist of the following at June 30,2009: Amounts due in: 1 year $ 1,180,0,13 2-5 years 291,05G Thereafter - 1,471,095 Less:allowance for doubtful promises (52,965) Less;unamortited discount (51,785) Total unconditional promises to give $ 1,366,349 (3) PROPERTY AND EQUIPMENT AND EXHIBITS IN PROGRESS Property and equipment and exhibits in progres_consist of the fclio;;in7: Property and equipment Computer equipment 17,75 Furniture and fixtures 9,97.; Leasehold improvements 52,015 Exhibits in Progress Total prcper;y and ce.,:ipnc�r,zinc.] exhibits In prcges_ Less:Accumulated depredation _ 21,717 Net property ind equ:i,r^:en;and e:;hlbts in prou ss 87 3,4 1 Depreciation expense charged to operations was$32,216 for the year ended June 30, 2009. (4) NOTE PAYAULE RELATED PARTY In May 2008,several members of the-Board of Directors lonnod the Or;anizaton$.1.50,000 to L.-- used for general operating purposes.The loan was interest-bearing(at /.50%per annu;v)anC` du,-, lin later than February 2009.The balance was paid in full by December 31,2008. (5) RECOVERABLE GRANT In September, 2007,the Organization was awarded a Recoverable Grant in the amount of $520,000. The terms of the grant require repayment of the sum based upon several factors including unrestricted pledges raised during a month and during a quarter. Additionally, full repayment was required upon release of the$10 million General Obligation bond and repayment from Salt Lake City for architectural fees, if the preceding conditions were not met by April 30,2012, then the grant was not required to be repaid. The Library Square Foundation for Art,Culture,and Science NOTES TO FINANCIAL STATEMENTS Amok (5) RECOVERABLE GRANT(CONTINUED) On May 12,2009 the agreement was renegotiated and repayment In 48 equal monthly installments commenced on July 1,2009. (6) TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets consist of the following as of June 30,2009: Micron Flash Project $ 472,193 Human Rights Project 105,675 Sustainability Features 40,000 Other 165,761 Balance,end of year $ 783,630 (7) COMMITMENTS The Organization will lease the former Salt Lake City library building where it will operate a science-based mufti-disciplinary educational facility targeting young people and adults. The Organization will be responsible for coordinating all programming, operations, administrative, and development support. The Organization has concluded fund raising for the matching funds required by Salt Lake City and a$10 million bond for the renovation of the former Salt Lake City library building was released in June of 2009. Current estimates of costs to complete the project total approximately$12 to$13 million. " "" On June 24, 2009, a lease for the former Salt Lake City Library building was entered into with Salt Lake City. The initial occupancy term of this lease is twenty years and begins upon substantial completion of improvements to the building. The Organization estimates that substantial completion of improvements will be completed in January 2011. (8) CONCENTRATIONS OF CREDIT RISK The Organization maintains cash balances et four financial institutions. Accounts at each institution arc insured by the Federal Deposit Insurance Corporation (FDIC) up to$250,000.The Organization has not experienced any losses related to these accounts and believes it is not exposed to any significant credit risk on its cash balances. As of June 30, 2009 uninsured cash balances totaled approximately$97,900. As of June 30, 2009, approximately 50% of unconditional promises to give are due from one donor. (9) FAIR VALUE MEASUREMENTS OF FINANCIAL INSTRUMENTS The following fair value hierarchy table presents information about the Organization's assets and liabilities measured at fair value on a recurring basis as of June 30, 2009. See Note 1 for a discussion of the Organization's policies regarding this fair value hierarchy. Tire Library Square Foundation for Art,Culture,and Science 12 NOTES TO FINANCIAL STATEMENTS (9) FAIR VALUE MEASUREMENTS OF FINANCIAL INSTRUMENTS(CONTINUED) Assets and liabilities measured at fair value on a recurring basis are as follows as of June 30, 2009: Description Total Level 1 Level 2 Level 3 Equities $ 25,000 $ 25,000 S - S - S 25,000 $ 25,000 S - S - (to) PRIOR PERIOD ADJUSTMENT Beginning net assets were restated and increased by 5100,000 to reflect a pledge received but not recorded during the year ended June 30,2000. (11) SUBSEQUENT EVENTS In July 2009 the Organization merged with the Utah Science Center Foundation, one of its founding partners. All former science center programs are now administered by the Organization. , THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE, AND SCIENCE FINANCIAL STATEMENTS Years Ended June 30,2008 and 2007 • • a 1 d � k - tt'Lk "i., q'�i t ,S"iSa1 i' J t+ si 4ys i ' 3 ,fir, key 4 . . .,1 ip i-c-11 .:.tipp +-�i� '..cif:.... .'...,:--;,:�1 ,�- ">,-r , ! '��•.. ) �111 1 ,• , . �, . r,� � iit11111qi :rbr 'Y ,'r • .. a,a." J ,_ri,. ,, ,.. ..,f 1Y: .• -. ... . � _ • ' t � • rk„, 1 y �_ • •yl�t d f,/7 (it•k':, - e'- • .i >,w - ' F `. , :Writ ��404000, 3yC; 0 5�:;! 'lad- d .T !i". �tiY o. j'd � .-r , f I + ` s r� �/ y t C c .•� r A Y-a ss.- ;r Ste .. E# ti : �n r r` '- !� `�1 yl:, 9 ri i,eona-I do MHM Mayer Hoffman McCann P.C. An Independent CPA Firm 175 South West Temple,Suite 650 Salt Lake City,Utah 84101 801364-9300 ph 801-364.9301 fx www.mhm-pc.com INDEPENDENT AUDITORS' REPORT To the Board of Directors THE LIBRARY SQUARE FOUNDATION FOR ART,CULTURE,AND SCIENCE We have audited the accompanying statements of financial position of The Library Square Foundation for Art, Culture, and Science (the Organization) as of June 30, 2008 and 2007 and the related statements of activities and cash flows for the years then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly in all material respects, the financial position of The Library Square Foundation for Art, Culture, and Science as of June 30, 2008 and 2007, and the changes in its net assets and its cash flows for the years then ended in conformity with U.S. generally accepted accounting principles. r c".A.t � j �� 1 Y G 6 WA P• C Salt Lake City, Utah June 29,2009 -1- • THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE STATEMENTS OF FINANCIAL POSITION JUNE 30, 2008 AND 2007 2008 2007 ASSETS CURRENT ASSETS Cash and cash equivalents $ 858,206 $ 368,514 Unconditional promises to give,net 925,625 381,532 Other receivables 347,212 284,860 Prepaid expenses 2,737 3,264 Investments-short-term 25,000 565,000 TOTAL CURRENT ASSETS 2,158,780 1,603,170 UNCONDITIONAL PROMISES TO GIVE,net 834,224 513,251 PROPERTY AND EQUIPMENT,at cost, less accumulated depreciation 798,596 871,060 TOTAL ASSETS $ 3,791,600 $ 2,987,481 Axottik LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable,trade $ 40,410 $ 174,041 Accrued liabilities 345,020 21,263 Note payable,related party 150,000 - TOTAL CURRENT LIABILITIES 535,430 195,309 Grant payable 520,C00 - NET ASSETS Unrestricted 1,669,225 1,345,087 Temporarily restricted 1,066,945 1,447,085 TOTAL NET ASSETS 2,736,170 2,792,172 TOTAL LIABILITIES AND NET ASSETS $ 3,791,600 $ 2,987,481 THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE / STATEMENTS OF ACTIVITIES YEARS ENDED J UN E 30, 2008 AND 2007 2008 2007 CHANGES IN UNRESTRICTED NET ASSETS Support,Revenues and Gains Contributions and grants $ 1,539,315 $ 107,585 In-kind contributions 24,243 20,922 Interest income 13,949 18,538 Other revenues 3,403 - Return cn investments 9,419 57,820 TOTAL SUPPORT,REVENUES,AND GAINS 1,590,329 204,865 NET ASSETS RELEASED FROM RESTRICTIONS 390,325 181,830 TOTAL SUPPORT,REVENUES,GAINS AND NET ASSETS RELEASED FROM RESTRICTIONS 1,980,654 386,695 EXPENSES Program services Education 461,697 510,971 Supporting services Management and genera' 828,441 347,587 Fundraising 366,378 366,149 TOTAL EXPENSES 1,656,516 1,224,707 INCREASE(DECREASE)IN UNRESTRICTED NET ASSETS 324,138 (838,012) CHANGES IN TEMPORARILY RESTRICTED NET ASSETS Contributions and grants 10,185 40,000 Net assets released from restrictions (390,325) (181,830) DECREASE IN TEMVMPORARILY RESTRICTED NET ASSETS (380,140) (141,830) CHANGE IN NET ASSETS (56,002) (979,842) NET ASSETS:BEGINNING OF YEAR 2,792,172 3,772.014 NET ASSETS,END OF YEAR $ 2,736,170 $ 2,792,172 THE LIBRARY SQUARE FOUNDATION FOR ART,CULTURE,AND SCIENCE Amok STATEMENTS OF CASH FLOWS YEARS ENDED JUNE 30,2008 AND 2007 2008 2007 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets $ (56,002) $ (979,842) Adjustments to reconcile change in net assets to net cash provided from operating activities: Depreciation 60,149 43,619 Increase in allowance for doubtful accounts 5,857 - Donation of securities (10,000) - Gain on sale of investments (576) (60) Fees on investments (120) - Discount on pledge receivables (46,272) 7,005 Impairment loss on exhibits in progress 353,085 - Increase(decrease)in operating assets: Unconditional promises to give, net (824,650) 612,961 Other receivables (62,352) (74,737) Prepaid expenses 527 (1,087) Increase(decrease)in operating liabilities: Accounts payable,trade (133,631) 128,948 Accrued liabilities 323,752 8,533 NET CASH FLOWS FROM OPERATING ACTIVITIES (390,233) (254,659) CASH FLOWS FROM INVESTING ACTIVITIES Sale of investments 550,696 1,146,793 Investment in property and equipment (1,015) (130,954) Investment in exhibits in progress (339,756) (567,267) Purchase of investments - (136,738) NET CASH FLOWS FROM INVESTING ACTIVITIES 209,925 311,839 CASH FLOWS FROM FINANCING ACTIVITIES Proceeds from related party 150,000 Proceeds from grant payable 520,000 - NET CASH FLOWS FROM FINANCING ACTIVITIES 670,000 - NET INCREASE IN CASH AND CASH EQUIVALENTS 489,692 57,180 CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 368,514 311,334 CASH AND C;\SH EQUIVALENTS, END OF YEAR $ 855,206 $ 368,514 Supplemnetal disclosures of cash flow information: Cash paid during year for interest $ - $ THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE - NOTES TO FINANCIAL STATEMENTS ( 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of operations — The Library Square Foundation for Art, Culture, and Science (dba The Leonardo) (the Organization) is a 501(c)(3) non-profit corporation founded in January 2002. The Organization is in planning stages and raising funds to lease the former Salt Lake City library building where it will operate a science-based multi-disciplinary educational facility targeting young people and adults. The Organization will be responsible for coordinating all programming, operations, administrative, and development support. The Organization will collaborate with content partners—including its founding partners Youth City Artways, Center for Documentary Arts, and the Utah Science Center—to create a unique and compelling experience for visitors. Basis of accounting —The Organization prepares its financial statements on the accrual basis of accounting in accordance with generally accepted accounting principles for non-profit organizations. The Organization reports information regarding its financial position according to three classes of net assets: unrestricted, temporarily restricted and permanently restricted. Classification of net assets is based upon the existence of donor imposed restrictions. As of June 30, 2008 and 2007 the Organization did not have any permanently restricted net assets. ▪ Unrestricted net assets are those not subject to donor-imposed restrictions. Unrestricted net assets may be designated for specific purposes by the Organization or may otherwise be limited by contractual agreements with outside parties. • Temporarily restricted net assets carry specific donor-imposed restrictions on the expenditure or other use of the contributed funds.Temporary restrictions may expire either due to the passage of time or through actions of the Organization pursuant to stipulations indicated by the donor. • Permanently restricted net assets include gifts of cash and other assets that are rec;u'red to be retained permanently by the Organization. Generally the donors of these assets permit the Organization to use all or part of the investment return on these assets. Expenses are reported as decreases in unrestricted net assets. Expiration of donor-imposed restrictions that simultaneously increase one class of net assets and decrease another are reported as net assets released from restrictions. Use of estimates — The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period.Actual results could differ from those estimates. Cush and cash equivalents — Cash equivalents are defined as money market funds and highly liquid instruments with original maturities of ninety days or less. ( THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE _ As% NOTES TO FINANCIAL STATEMENTS (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Unconditional promises to give — Promises to give are recorded at their estimated fair value. Amounts due later than one year are recorded at the present value of estimated future cash flows. The Organization estimates the allowance for uncollectible promises to give based on analysis of specific donors,taking into consideration the age of past due pledges and an assessment of the donor's ability to pay. At June 30, 2008 and 2007 management of the Organization recorded an allowance of$5,857 and$0,respectively. Investments — Investments consist of municipal bonds and mutual funds and are stated at their readily determinable fair market values. Net realized and unrealized gains and losses, interest and dividends on investments are recorded in the statement of activities and included in investment return. Investments received as gifts are recorded at estimated fair market value at the date of the gift. Property and equipment — The Organization's policy is to capitalize all fixed asset purchases over $1,000 individually cr as a group when part of the same project. The Organization has incurred costs related to the design and planning of future exhibits and programs. These costs are capitalized and will be depreciated once the exhibits are placed in service. Property and equipment are stated at cost less accumulated depreciation, or if acquired by gift, at estimated fair value at the date of the gift. Depreciation is computed on the straight-line method over the following useful lives: Assets Useful Lives Computer equipment 3 years Furniture and Fixtures 3 years Long-lived assets — Long-lived assets are reviewed for impairment whenever events or changes in circumstance indicate that the carrying amount of an asset may not be recoverable in accordance with Statement Financial Accounting Standards (SFAS) , g f %N f; Srr,S) Fro. 14 r ACCOrI;;tinr o+ t i� !%i rrrlr;er,i or; Disposal of Long-Lived Assets. Recoverability of assets to be held and used is measured by a comparison of the carrying amount of an asset to future net cash flows expected to be generated by the asset. if such assets are considered to be impaired, the impairment to be recognized is measured by the amount by which the carrying amount of the assets exceeds the fair value of the assets. During the year ended June 30, 2008,the Organization recorded an impairment of$353,035 related to exhibit and program designs no longer deemed usable. Fair value of financial instruments—Cash and cash equivalents are valued at their carrying amount due to their short maturities. Investments are reported at fair value based on quoted market prices. Debt is valued at rates currently available to the Organization for issuances with similar terms anal remaining maturities.The carrying value of all other financial instruments approximates fair value. THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE NOTES TO FINANCIAL STATEMENTS ( 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Promises to give and contributions-The Organization accounts for contributions in accordance with SFAS No. 116, Accounting for Contributions Received and Contributions Made, Unconditional promises to give cash and other assets to the Organization are reported at fair value at the date the written promise is received. Conditional promises to give or indications of intentions to give are not reported until the condition is met. Restricted gifts are recorded as revenue when cash is received or a written promise is given by a donor. When the restrictions on donor restricted'contributions are met in the same reporting period as received, the amount of the contribution is classified as unrestricted. Unconditional promises to give that are to be collected within one year are recorded at net realizable value. Unconditional promises to give that are expected to be collected in future years are recorded at the present value of their estimated future cash flows. Amortization of the discounts is included in support from contributions. Donated materials,services and use of long-lived assets- Donated property, marketable securities and other noncash donations are recorded as contributions at their fair market value at the date of donation. Donated services are recognized as contributions in accordance with SFAS No. 116 if the services (a) create or enhance nonfinancial assets or (b) require specialized skills, are performed by people with those skills, and would otherwise be purchased. Some members of the Organization have donated significant amounts of time to the Organization in furthering the Organizaticn's programs and objectives. No amounts have been included in the financial statements for donated member or volunteer services since they did not meet the criteria for recognition under SFAS No. 116. Functional allocation of expenses — The costs of programs and supporting services have been summarized on a functional basis in the statement of activities. All direct costs are charged to the functional area to which they pertain. Indirect costs are charged to programs and supporting services based on estimates made by management taking into account the nature of the expense and how it relates to the functional area. General and administrative costs include those expenses that are not directly identifiable with any other functional area but provide for overall support of the organization. Advertising —Advertising costs are expensed in the period in which they are incurred, Advertising expenses for the years ended June 30, 2008 and 2007, were S19,474 and S1,338, respectively. Income taxes —The Organization qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, and accordingly, no provision has been made for federal or state income tax. THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE _ NOTES TO FINANCIAL STATEMENTS ( 1 ) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) Recently issued accounting pronouncements — In September 2006, the Financial Accounting Standards Board (FASB) issued SFAS No. 157, Fair Value Measurement. SFAS No. 157 defines fair values, established a framework for the measurement of fair value, and enhances disclosures about fair value measurements. The statement does not require any new fair value measures. The Organization is required to adopt SFAS No. 157 beginning on July 1,2008. The adoption of SFAS No, 157 is not expected to have a material impact on the financial statements. In February 2008, the FASB issued FASB Staff Position ("FSP") 157-2 which delays the effective date of SFAS No, 157 for all nonfinancial assets and nonfinancial liabilities, except those that are recognized or disclosed at fair value in the financial statements on a recurring basis (at least annually). For the Organization, this action defers the effective date for those assets and liabilities until July 1, 2009. The Organization believes that the implementation of FSP 157-2 will not have a material impact on its financial statements. In February 2007, the FASB issued SFAS No. 159, The Fair Value Option for Financial Assets and Financial Liabilities. This statement permits entities to choose to measure many financial instruments and certain other items at fair value in order to mitigate the volatility in reporting earnings caused by measuring related assets and liabilities differently. SFAS No. 159 is effective for fiscal years beginning after November 15, 2007. The adoption of SFAS No. 159 is not expected to have a material impact on the financials statements. In February 2007, the FASB issued FSP No. 117-1, Endowments of Not-for-Profit Organizations: Net Asset Classification of Funds Subject to an Enacted Version of the Uniform Prudent Management of Institutional Funds Act, and Enhanced Disclosures (UPMIFA). This FSP provides guidance on classifying the net assets associated with donor-restricted endowment funds held by organizations that are subject to an enacted version of UPMIFA, which serves as a model act for states to modernize their laws governing donor-restricted endowment funds.This FSP also requires additional disclosures about endowments (both donor-restricted funds and board-designated funds) for all organizations, including those that are not yet subject to an enacted version of UPMIFA. This FSP is effective for fiscal years ending after December 15, 2008. The Organization is monitoring the enactment status of UPMIFA in Utah and is currently in the process of determining the effects that adoption of FSP No. 117-1 will have on its financial statements. In July 2006, the Financial Accounting Standards Board ("FASB") issued Financial Interpretation No. 48 ("FIN No. 48"), Accounting for Uncertainty in Income Taxes, which clarifies the accounting for uncertainty in income taxes recognized in the financial statements in accordance with SFAS No. 109, Accounting for Income Taxes. FIN No. 48 provides that a tax benefit from an uncertain tax position may he recognized when it is more likely than not that the position will be sustained upon examination, including resolutions of any related appeals or litigation processes, based on the THE LIBRARY SQUARE FOUNDATION FOR ART,CULTURE,AND SCIENCE _ NOTES TO FINANCIAL STATEMENTS ( 1) Summary of significant accounting policies(Continued) technical merits. Income tax positions must meet a more-likely-than-not recognition threshold at the effective date to be recognized upon the adoption of FIN No. 48 and in subsequent periods. This interpretation also provides guidance on. measurement, derecognition, classification, interest and penalties, accounting in interim periods, disclosure and transition. FIN No. 48 is effective for fiscal years beginning after December 15, 2008. The Organization has elected to defer the provisions of FIN No. 48 under the provisions of FIN No. 48-3, Effective Date of FASS Interpretation No. 48 for Certain Nonpublic Enterprises. As such, the Organization has not determined the impact of FIN No. 48 on its accounting and has not implemented the requirements of this pronouncement in the 2008 financial statements. ( 2 ) UNCONDITIONAL PROMISES TO GIVE,NET Promises to give due in more than one year are recorded at the present value of estimated future cash flows using a discount rate reflecting the rate on U.S. Treasury Bills whose maturities correspond to the mnturitie: of the unconditional promises to give at a discount rate ranging between 4%to 6% end consist of the following at June 30,2008 and 2007: June 30, 2008 2007 Amounts due in: 1year $ 931,482 $ 38.1,532 2-5 years 903,893 629,193 1,835,375 1,010,725 Loss: unamortized c."isceur.t (69,669) (115,941) Allowance for uncoliectiblc promises to give (5,857)Total unconditional promises to give $ 1,759,849 $ 894,784 ( 3 ) INVESTMENTS—SHORT-TERM Investments are summarized as follows as of June 30: June 30, 2008 2007 Auction rate securities $ 25,030 $ 100,000 Municipal - 465,000 Total $ 25,000 $ 565,000 Interest earned on investments was $8,963 and $57,760 for the years ended June 30, 2008 and 2007, respectively. Total investment management and advisory fees were approximately $120 and $883 for the years ended June 30, 2008 and 2007, respectively and have been netted against interest income in the accompanying Statement of Activities. 1, THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE _ . NOTES TO FINANCIAL STATEMENTS 4) PROPERTY AND EQUIPMENT Property and equipment consist of the following: June 30, 2008 2007 Property and equipment Computer equipment $ 16,254 $ 15,239 Furniture and fixtures 107,791 107,791 Leasehold improvements 22,792 22,792 Exhibits in progress 758,179 771,509 Total property and equipment 905,016 917,331 Less:Accumulated depreciation (106,420) (46,271) Net property and equipment $ 798,596 $ 871,060 Depreciation expense charged to operations was $60,149 and $43,619 for the years ended June 30, 2008 and 2007, respectively. 5) ASSET IMPAIRMENT CHARGES The Organization evaluates long-lived assets for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. During the fiscal year, changes were made to the Organization's concept and business plan that resulted in an analysis of capitalized construction expenses for usability in current or future plans.This analysis resulted in an impairment charge of $353,085 related to changes to the usability of the plans that had been previously capitalized. For 200E,the impairment charge is included in the statement of activities under the caption"Management and general." 6) LINE OF CREDIT At December 28, 2006 the Organization entered into a $25,000 prime plus 6.75°. line of credit agreement with Wells Fargo. At June 30, 2008 the prime rate was 5.00%. At June 30, 2008 and June 30,2007 the outstanding balance on this line of credit was$0. THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE . NOTES TO FINANCIAL STATEMENTS 7) NOTE PAYABLE—RELATED PARTY In May 2008, several members of the Board of Directors created a syndicate and loaned the Organization$150,000 to be used for general operating purposes.The loan is interest-bearing(at 7.50% per annum)and repayable no later than February 2009.The balance was paid off in full subsequent to June 30,2008, 8 ) RECOVERABLE GRANT In September, 2007, the Organization was awarded a Recoverable Grant in the amount of$520,000. The Conditions of the grant require repayment of the sum based upon several factors including unrestricted pledges raised during a month and during a quarter. Additionally, full repayment is required upon procurement of the $10 million General Obligation bond and repayment from the City for architectural fees. If the preceding conditions are not met by April 30, 2012 then the grant is not required to be repaid. 9 ) TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets consist of the following as of June 30: June 30, 2008 2007 r,i cro. Flash Project $ 592,233 $ 777,914 Huma,r,P,ights Project 245,044 394,972 Nanotec hnclogy Exhibit 21,409 50 000 S'istalnabiiity Features 40,000 40,000 Other 168,154 184,199 l;<<i $ 1,066,945 $ 1,447,085 THE LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE _ — NOTES TO FINANCIAL STATEMENTS ( 10) COMMITMENTS The Organization will lease the former Salt Lake City library building where it will operate a science- based multi-disciplinary educational facility targeting young people and adults. The Organization will be responsible for coordinating all programming, operations, administrative, and development support. The Organization has concluded fund raising for the matching funds required by Salt Lake City to release a $10 million bond for the renovation of the former Salt Lake City library building. Salt Lake City Corporation confirmed on May 19, 2006 that the Organization had achieved the matching funds required for the release of the bond. The city has not yet finalized a timeline for the renovation of the building. Current estimates of costs to complete the project total approximately $12-13 million. ( 11 ) CONCENTRATIONS OF CREDIT RISK The Organization maintains cash balances at four financial institutions. Accounts at each institution are insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000. The Organization has not experienced any losses related to these accounts and believes it is not exposed to any significant credit risk on its cash balances. As of June 30, 2008 and 2007, uninsured cash balances totaled$162,459 and$25,104. a Organization day panmore four � As funds increase, the Or„�.nl�ation r� e;<r�„�: to than financial institutions to comply with its investment policy. As of June 30, 2008, approximately 65% of unconditional promises to give are from one donor. Approximately 99(Y,of donations for the year ended June 30,2003 were from one donor, As of June 30, 2007, approximately 69% of unconditional promises to give are from two donors, Approximately 56%of donations for the year ended June 30,2007 were from Vivo donors. (12 ) SUBSEQUENT EVENTS In September 2005, the public approved the issuance by Salt Lake City of up to $10 million of general obligation bonds to finance the renovation and retrofitting the former library building located at 209 East 500 South,Salt Lake City, Utah. In June 2009,the City of Salt Lake approved the release of sale of the general obligation bonds. PUBLIC DISCLOSURE COPY 16290429 141412 LEO 2009.05000 LIBRARY SQUARE FOUNDATION F LEO 1 yq Return of Organization Exempt From Income Tax Cfv1 No.1545-0D4' Form 990 Under section 501(o),627,or 4047(a)(1)of the Internal Revenue Code(except black lung 2009 Depertrce,d or eta heanwy benefit trust or private foundation) --- __ ( Intrmol Revenue,90 vi s> The organization may have to use a copy of this return to satisfystate reporting requirements. QP iego btio P g � ': Inspection A For the 200 calendar year,or tax year beginning JUL 1 2009 and ending JUN 30, 2010 R cne'.a Plea c C Name of organization D Employer identification number °p"°`�!° .elns IBRARY SQUARE FOUNDATION FOR ARTS, (---ndarr..a lend rr I I.hmge nnnto, ULTURE, AND SCIENCE i--Ju `yell Doing Business As 4 8-12 6 8 3 5 5 _____ nlll,y 1 Ireturn 1.'43 Number and street(or P.O.box if mat is not delivered to street address) l floonvsuits. E Telephone number I I;u"lI". j ;cn`l•O BOX 2129 _ _ 1 801 532-9800 1—l^n,",d'l City or town,state or country,and ZIP•i•4 �— — ! G Grose tocepts$ 1, 254, 658. >3wrn I vin -• ALT LAKE CITY, UT 84110 H(a)is this a group return py,dl"e F Name and address of officer:PETER B GILES principal for affiliates? I I Yes FYI No _ 120 S MAIN STREET, SALT LAKE CITY, UT 84101 H(b)Aro all affiliates Included?El yes 1-1 No I Tax•exempt status: DTI 501(c)13_ 114 (Insert no.) El 4047 e1(1)or I 1527 If*No,"attach a list.(see instructions) J Webslte:is WWW.THELEONARDO.ORG __ __H(o)Croup exemption number Q __ K Form of oreanizatlon: Corporation 1 I Trust ElAssociation ( _1 other P L Year of formation' 20 0 2I M Stxto of legal domicile•UT [Nit i G Summary y 1 Briefly describe the organ`zation's mission or most significant activities: PROMOTE PUBLIC EDUCATION AND --- c INVOLVEMENT IN SCIENCE, TECHNOLOGY AND ART. -- -' E 2 Check this box 6 n If the organization discontinued its operations or disposed of more than 25%of Its net assets. o C'o7 3 Number of voting members of the governing body(Part VI,line 1 a) .... —3 15 aY 4 Number of independent voting members of the governing body(Part VI,line'lb) 4 15 r, 5 Total number of employees(Part V,line 2a) . 6 - 17 0 Total number of volunteers(estimate if necessary). .. .. . - . . 6 0 e 7e Total gross unrelated business revenue from Part VIII,column(C),line 12 . . r 7a 0 . b Net unrelated business taxable income from Form990.T,lino 04 17b I 0 Prior Year I Current Year ` c, 8 Contributions and grants(Part VIII,line 1 it) .. 848, 481 .1 1 , 2 4 4,9 7 5 . ( c 0 Program service revenue(Part VIII,line 2g) . .. . 1, 6 5 4 , 3 81 .I —_--` -._—_ a 10 Investment income(Part VIC,column(A),lines 3,4,and 7d) <3, 5 5 4 5,4 9 4 — cc 4 , t 11 OUter revenue(Pert Vlil,column(A),lines 5,Ed,Sc,So,1Cc,and 11e) . . . . . . ) 1 a.) . _ 12 Total revenue•add lines 8 througi_11 (must eBual Part Vilf,column(A.),One 12) 2, 4 9 9, 306. 1 , 2 5 4, 6 5 8. 13 Grants and similar amounts paid(Part IX,column(A),lines 1.3) .. ... .. I 14 Benol;te ea:d to or for members(Part IX,column(A),line 4) . .. .. . . . - _ -- _5-10) 2 8 41, 4 5 8 c lea Fro,essiun fundraising fees(Part (A),I:ne11e, u l r f ('a t _ ..._.._�I? r 5 3 .I 3 7!�k 3 6'.. Ws" b Total fundra e r,g expenses(Pert IX,column(D).Erie 25-) ti 17 5, 7 9/1- 17 Other expenses(Pad IX,column(A),lines 1-Ia.-lid,111.2.1f) . . . 2, 389, 597 6 3 3 519 . r 10 Total expenses.Ad,.t lines 13.17(must cqunl Pall IX,column 0),line 25) — 2, 674, 442 . 1, 512 , 413. 19 __Revenue less exe..ensaa_Subtract line 18 from lino 12 . <1'7 5, 1 3 4 .> <2 57, 7 5 5 .> • N n,l _OiuInninii of Currant Year End of Year 20 Total nesols(Pc„X,line le) . . . .. 3,228, 366 ._ �] 16, 1 !2 0 21 Total li,ibiI Les(Pad X.Lite201 --"--- - 567, 329 .1 465, 990 . (" 2 22 Net assets or fund balances.Subtract line 21 from line 20 .fit 2 r 6 6.1., 037 .1. .._ 2, 950, 182.... LPrt It Signature_Block__ -- — I Uncle•puretlke,of p'i try,I r .3u p 1r, n me^.toed:rhls return,inclutllru rwrnht mus scl;rOm ie,a-x1 staiern,irt;,and to Iho r•.•st c'IIIlinooelod,:o Sri hall,'Il,s 1•lr9,eu•me:I, e-�a core' n!e D.,.ie-Die al pr a45t{u' er oFicerl is bucud on rvt IniormaJpo c shirt,propa'er het cry kno,tlodo J / 7 r //Sigr / l( — • ---- -- __ rq3Si ntura cl rlfice GalHera kPETER B GIL ES,`EXECU' IVE, DIRECTOR Typo cm gnat Ran' and U;la — — __-_� ,nt Preparers T7 Dat' taleCl�II I Pmpmo•'s IGial tyu'U unt6o, ---_ f�.d ,ry p((�i. j,/j sell ale. siilnalure �� 7 r aln,,,,,t_C_�___1 Pioparar's Orrn'Gn`ro(•r— ARTHUR AND ASSOCIATES LLC SIN d f I)Sn an'V so t cmp;aye.• '7 r r, --- -----------------"-'—--- { ti1(1m1D,e;•.,r 1 , S WEST TEMPLE STIR 30 Zlrra SALT LARD CITY, UT 84101 _ Phcnerm. C' 801 _3'59-0332 Mev the IRS discuss lils return with the prejtgrer shown abovo?(see Instructions) T . . x I Yes�-!No ovrnrt o:'c.I. t_I A For Privacy Act and Paperwork Rectuellon Act Notice,see the separate Instructions. Form 990(2009) LIBRARY SQUARE FOUNDATION FOR ARTS, Form 990 2009) CULTURE, AND SCIENCE 48-1268355 Paget Part111 Statement of Program Service Accomplishments . . 1 Briefly describe the organization's mission: PROMOTE PUBLIC EDUCATION AND INVOLVEMENT IN SCIENCE, TECHNOLOGY AND ART. 2 Did the organization undertake any significant program services during the year which were not listed on the prior form 990 or 990•EZ? . . El Yes L�No If'Yes,'describe these new services on Schedule O. 3 Did the organization cease conducting,or make significant changes in how It conducts,any program sar:Ices? . n Yes [81No If'Yes,'describe those changes on Schedule 0. 4 Describe the exempt purpose achievements for each of the crganizaticn's three largest program servlcos by expenses. Section 501(c)(3)and 501(c)(4)organizations and section 4947(a)(1)trusts era required to report the amount of grants end allocations to others,the total expenses,end revenue,If any,for each program service reported. 4a (Code: )(Expenses$ 316,507 . including grants of$ )(Revenue$ �— ) EDUCATION— IN-2009, TI-EE LEONARDO HOSTED BODY WORLDS 3, AN INTERNATIONAL TRAVELING EXHIBIT WHICH EXEMPLIFIES THE SCIENCE—TECHNOLOGY—ART MODEL. OVER ,_ 290,000 MEMBERS OF THE PUBLIC, INCLUDING MORE THAN 26,000 STUDENTS, VIEWED THE EXHIBIT AND LEARNED WAYS TO REGARD THE HUMAN BODY FROM BOTH SCIENTIFIC AND ARTISTIC VIEWPOINTS. 4b (Code: )(Expenses$ 21 6, 17 3 . Inciudirg grants or )(Revenue S ) STEMWORKS THE LEONARDO CONTINUED WORK WITH SALT LAKE CITY TO DETERMINE THE BUILDING RENOVATIONS SCOPE AND BUDGET, AND TO RAISE FUNDS TO COMPLETE ITS CAPITAL CAMPAIGN. 4c (Code: -- )(Expenses$ 149,475 . lachirling grants of$ )(Revenue$ EXHIBITS- — �_--_ --- --- 4d Other program services.(Descritxe in Schedule 0.) (Expenses$ _ _ includin_g grants of$ --� )(Revenue$ 4o Total program service expenses $ 682, 155 . Form 990(2009) 02 0,1 In 2 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 • LIBRARY SQUARE FOUNDATION FOR ARTS, Forrn990 2000) CULTURE, AND SCIENCE 48-1268355 Page3 Part IV]Checklist of Required Schedules Yes Na 1 Is the organization described in section 501(c)(3)or4947(a)(1)(other than a private foundation)? If"Yes,"complete SchedufeA 1 X 2 Is the organization required to complete Schedule 13,Schedule of Contributors? 2 X "v 3 Did the organization engage in direct nr indirect political campaign activities on behalf of or In opposition to candidates for public office?if")es,"complete Schedule C,Part! ... .. , { 3 X 4 Section e01(c)(3)organizations.Did the organization engage in lobbying activities?if"Yes,"complete Schedule C.Part II . 4 X 6 Section 601(c)(4),601(c}(5),and 501(c)(6)organizations.Is the organization subject to the section 6033(e)notice and reporting requirement and proxy tax?If"Yes,"complete Schedule C,Part Ill . , . . . „ 6 6 Did the organization maintain any donor advised funds or any similar funds cr accounts where donors have the right to provide advice en the distribution or Investment of amounts In such funds or accounts?If'Yes,"complete Schedule D,Part i 6 X 7 Did the organization receive or hold a conservation easement,including easements to preserve open space, the environment,historic land areas,or historic structures?if"Yes,"complete Schedule 0,Part ll ... . . _ ._ _ 7 _ X 0 Did the organization maintain collections of Works of art,historical treasures,or other similar assets?!!"Yes,"complete Schedule D,Part Ill . . B X 9 Did the organization report en amount in Part X,line 21:servo as a custodian for amounts not listed In Part X;or provide credit counseling,debt management,credit repair,cr debt negotiation services?It"Yes,"complete Schedule D,Part 1V 9 X _ 10 Did the organization,directly or through a related organization,hold assets in term,permanent,cr quasi•endowments? If"Yen complete Schedule 0,Part V . . .. . . . . i0 ! X 11 is the organizaticn's answer to any of the following questions'Yee`?If so,complete Schedule D,Parts Vi, VIi,VIii,IX,crX as applicable . .. . .. . .. ... . .. . .. . . . . . 1.1 X e Did the orgcnizatloc report an,amount for land,butidinrsnt In PartIne 10? Schedule and egwpmeX,I L`"Yes,"com,.,o,� 0, Pad VI. e Did the organization report an amount for investments•ether securities in Part X,tine 12 that Is 5%cc more cf its total • assets reported in Part X,line 1 E?if'Yes,"complete Schedule D,Part VII. . ... I • Did the organtzation report an amount for Investments•program related in Part X,line 13 that is 6%or more of its total assets reported in Part X,line 107 if'Yes,"ccrnple:o Schodula D,Part VIII. I • e Did the organization reach an amount for ether assets in Part X,tine 15 that is 5"',,or more of its tots!assets reported in I 1 Part X,lino 16?I.'"Yes,"co, skis Scho:'u!'a D,Port IX. I { 6 Did the organization report an amount for ether(abilities In Part X,lino.25?!f'Yes,"complete Schedule D,Part X ' Did the organization's separate cr consolidated Crucial statements for the tax year include a footnote that addresses the oraniz,,.,_..'s Ifability far uncertain tax positions under FIN 48?lI"Yes,"complete Schedule D,Part X. 12 Did the or:fjanl>_otlon obtain separate,in:'ependenl audited financial statements for the tax year?II"Yes,"cerholere Schedule D,Fort I,XII,acid XIIII. _ 12 X i2.4 Was the ercc.roizat^n In l,..ed In cons f el:doted,independent audited nanci^_l statements for the.tax yeat? 'Yes No __....._._.._ ._.._.. if'Yes,"cor:'riad,a SCl:ec4!!3D,Farts.'•.,X'i,and X!I/Is C11tii?:i<,i 1_12A X _ 13 is the orgaiccntion a school c'escr'bed In section 170(b)(1)(,A)(lil?If"Yes,"complete Schedule E 13 14a D:d the cr•ganiza;ie.n mairta,,,an office,employees,or agents outside of the United States? 14J X b Octi the orgonicati.r,have ngnregate revenues or expenses of more than$10,000 from grantmalc.n,,,fundrals',n;),tcusine ,and program program service rctivities outside.the United States?If"Yes,"cornploto Schedule F,Pact I 14b X 15 D;d the cr enizatc.n rep::r`.on Part IX,column(A),line 3,mere than$5,000 f a:.s: ca cr nizeticn C grants c: stars tc cn'y tie or entity t cater cutoid e tire United States?it"Ye.,"complete Schedule F,Put it . .. 15 I X 16 7.d the c;garti>_a:ion report cn Part IX,column(A),lire 3,more than$5,000 of aggregate grants or assistance to individuals coated outside the United States?1i"Yes,'complete Schei.:liie F,Part h'i 15 X 17 Did the organ!zalion report a total of more than$15,000 of expenses for professional fundiaistng services on Part iX, column(,),lines 0 and 11 e?if"Yes,"complete Schedule G,Port I 17 :_�. _ lit Did the organization report more than$15,000 total of fundratsirc]event Gress income and ccntiibulione on Part VIII.Lees 1 c act E;?li"Yes,"cenp10i9 Sc heduls G.Part i! . . . . . . . . . . . 10 X 10 D,d the cicerz.f !ic1'repot more than$15,000 Cf grossincome from gaming a ct'vities on Part VIII,tin'On?(!'Yes,' _...._.-_.�._ Cwnp/eta Sclroclrla G•f-hot 11 .. . . . . . . 19 ! X 20 Did the orinni??colon ccer to one or niece hosolta`s?If'Yes,'ccnrnte Sahcdu1: N 20 X Form 990(Some, ,32c<:s c„sit-re 3 J 16290429 141412 LEO 2.009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form990(2009) CULTURE, AND SCIENCE 48-1268355 Page4 [Part-IVChecklist of Required Schedules(continues Yos No 21 Did the organization report more than$5,000 of grants and other assistance to governments and organizations In the United States on Part IX,column(A),line 1?If"Yes,"complete Schedule I,Parts l end iI . . . . . .. .. .. . . . . 21 X 22 Did the organization report more than$5,000 of grants and other assistance to Individuals In the United States on Part IX, column(A),line 2?If"Yes,"complete Schedule 1,Parts I and Ill . ............ . ... .. . .. .. . . . . . 22 _ X_ 23 Did the organization ans',vor'Yes'to Part VII,Section A,line 3,4,or 5 about compensation of the organization's current i ^ and former officers,directors,trustees,key employees,and highest compensated employees? if"Yes,"complete Schedule J . . . . 23 X 24a Did the organization have a lax-exempt bend issue with an outstanding principal amount of more than$100,000 as of tho last day of the year,that was issued after December 31,2002?i!"Yes,"answer lines 24b through 24d and complete Schedule K.if'No",go to iota 25 . . ._ 24a _ X b Did the organization Invest any proceeds of tax-exempt bonds beyond a temporary period exception? 24b __ c Did the organization maintain en escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? 2c _ d Did the organization act ea an"on behalf of'Issuer for bonds outstanding at any time during the year? . . . 24d .—C 25a Section 601(0)(3)and 601(c)(4)organizations.Did the organization engage In on excess benefit transaction with a disqualified parson during the year?If"Yes,"complete Schedule L,Pert/ . .. ... . . ..... ... . .. .. . . . 250 X b Is the organization aware that it engaged in en excess benefit transaction with a disqualified person in a prior year,and that the transaction has not bean reported on any of the organization's prior Forms 990 or000•EZ?If"Yes,"complete Schedule L,Part 1 2;b 1 X 20 Wan a loan to or by a current cr former officer.director,trustee,key employee,highly compensated employee,or disqualified W person outstanding as of the end cf the organization's tax year?if"Yes,"complete Schedule L,Pert II 23 X 27 Did the organization provide a g:ant or other assistance to an officer,director,trustee,key employee,substantial contributor,or a grant selection committee member,or toe person related to such an individual?If"Yes,"complete Schedule L,Part III . . 27-__—__X _ 28 Was the organization a party to a business transaction with one of the following parties,(see Schedule,L.Port IV Instructions for applicable f,ting thresholds,conditions,and exceptions): a A current or tarn,or officer,director,trustee,cr key employee?If"Yes,'co cot?Schedule(,Port 11i . b A fcrnity rnsarber ci a current cr former office--,director,trustee,or key employee?If"Yes,"complete Schedule L,Fsrt iV . 291). X -- c An entity of which a current cr former officer,director,trustee,or key employee of the organization(or a family member)was an officer,director,trustee,cr direct or indirect owner?if'Yes.'complete Schedule L,Part iV .. 20c __ X 29 Did the organization receive more than$25,000 In non-cash contributions?If"Yes,"complete Schedule,f,'t . . . 20 ( 30 Did tire organization receive contributions of art,historical treasures,or other similar assets,cr qualified conservation contributions?If"Yes,'com ate Schedule hi ?.Q__ _f^ 31 Did the organization liquidate,terminate,or diacciv-o and cease operations? if"Yes,"complete Schedule iV! Part I .. . . . . . ... . .. . . . 31 X 32 Did the organization sell,exchange,dispose of,or transfer more than 25%of its not nssets7ft"Yes,"contplot;r Schedule N,Part 6 . . . . . . . . 32 X 33 Did the organization own 100%of an entity disregarded as separate from.lhe organization under Regulations sections 301.7701.2 and 301.77C137 If"Yes,"complete Schedule,A,Pert 1 . .. . . 33 X 3'1 Was the organization related to any tax-oxempt or taxable entity'? If'Yes,"complete Schedule A.Parts I1,III,IV,nod V.line l . . . 34 X 35 Is any related organization a controlled entity within the moaning of sectier,512(b)(13)? If'Yes,'complete Schedule A,Part V,line 2 . . . . . . . . 35___ X 30 Section 501(0)(3)organizations.Did the organization make any transfers to an exempt ncn-charilnblo related organization? if"Yes,'ccrnplete Schedule R.Part V lino 2 .. . .. . . . _ . 3a X 37 Did the organization conduct more titan 5%of its activities through an entity that Is not a related organization and that is treated cs a partnership for federal income tax purposes?If"Yes,"complete Schedule 13,Par;VI . . . 37 - '\ 311 Did the organization complete Schedule 0 and provide explanations In Schedule 0 for Part VI,lines 11 and 19? Note.All Form 990 fliers are recuired to complete Schedule O. . . .. . . . . . . . _.. . 130 X Form 990(7_C00) 9SLCOr ez-a4-10 4 16290429 141412 LEO 2009 ,05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form990 2009) CULTURE, AND SCIENCE 48-1268355 Page Part.V j Statements Regarding Other IRS Filings and Tax Compliance Yes No la Enter the number reported In Box 3 of Form 1096.Annual Summary and Transmittal of U.S.Information Returns.Enter•0•if not applicable ie 29' b Enter the number of Forms W2G Included in line 1a.Enter•0.If not applicable .. - ., „ lb Or,, c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming • (gambling)winnings to prize winners? .. . . .. is X 2a Enter the number of employees reported on Form W3,Transmittal of Wage and Tax Statements, _tiled for the calendar year ending with or within the year covered by this return . 2a 17 b If at least one Is reported on line 2a,did the organization file all required federal employment tax returns? 2b X Note.If the sum of lines 1a and 2a Is greater than 250,you may be required to e-fito this return.(sec Instructions)3a Did the organization have unrelated brininess gross income of$1,000 or more during the year covered by this return? 3a X b If"Yes,'has it filed a Form 900•T for this year?Ir"No,"provide an explanation in Schedule 0 ... . . . . 3h w 4a At any time during the calendar year,did the organization have an interest in,or a signature or other authority ever,a financial account in a foreign country(such as a hank account,securities account,or other financial account)? 4a X_ b If"Yes,'eater the name of the foreign counhy: See the instructions for exceptions and firing requirements(or Form TD F 90.22.1,Report of Foreign Rank and . Financlal Accounts. 5a Was the ca'ganizatron a party toe prohibited tax she!tar transaction at any time during the tax year? ,... 5a i X b Did any taxable party notify the organize:ten that It was or is a party to a prohibited la\shelter transaction? 5h c If'Yea,'to line Sa ur 5b,did the organization file Form 8836-T,Disclosure by Trrx•Exompt Entity Regarding Prohibited Tax.Shelter Transaction? .. 5c Ca Does the organization have annual gross receipts that are normally greater than$100,000,and did the organization solicit 1 any contributions that were act tax deductible? I C❑ X b If'Yes,'c"d the crganizallon Include with every solicitation on an C:prC�~statementanti that such contributions Cr c,flS were not tax deductible? - .. i Obi -, 7 Organizations that may receive deductible contributions under section 170(c). e Oat the Crganiznt:rrn receive c payment la Cacaos of$75 made portly as a contribution and portly for goods and SCr/ides provided to the payer? 7 s tt X b i.f'Yes,'did the organization notify the donor of the value of tire goods cr services provided? . . 7b I c Cid Illy:crg'.ni:cli_,...ell,exchange,et°the.rwiss dispose of tangible personal properly for which it vies required to Lie Farm F22.27 . . . 7c rt If'en. la:reale thenumber cf f orris f.'•2E2 bled during hie year . . L7c1 I c Did tire Cl gal,,.__.._, .d.:ri ;the year.ra.,;ive any tends,cl,rectiy cr inn.rectiy,to pay premiums on a personal benefit contract? 7e f Did the orgcni;ration,during the year,pay premiums,directly or indirectly,on a personal bane;tl contract? . . I 7t I I g For a'I ccnt:ihut'ons of rp;ati1oct late'.lactrir.l property,did the organization file Form t38O41,as required? . Win, I t t! `-Cr contributions of care,care,boats,F.:r�.h11 G-.:,and other vehicles,did the organization file a Form 109E:i•C re:iU:reil? 711^ C °ix+nr•c.r;;0 orgen:zations maintaining donor advisor:funds and section 509(a)(3)supporting organizations.Did the supporting organization,or a boner advised fund rocintrrired by a sponsoring creanisation,have excess businessat an;tl.na during the year? • G 9 Sponsoring organizations maintaining donor advised funds. • I • a Did the organization molts any taxable distributions under section 4020! l`•a I; Did the c:r gnrI:etion traits a distribution to a direr,donor advisor,or related person? • . j',11 __ 10 Section G01(c)(7)organizations.Enter: Ii a I,itic lI n..lose and capital contributions included an Pad Vitt,Coe 12 14n b Gross receipts,I:ducted on Form OCT,Part',lilt,line 12,for public use oh ciao faei,lties t 10b - • 11 Section GOi(c)(12)organizations.Enter: a Gross income from members orsharehc:cle,s - . 11 1: Gress income fro„1 ether sources(Pe not not amounts clue cr paid In othe'sources against amounts due or is csiv3ct bon;them.) - li l)__----.. --- 12ta Section 4047(c)(1)non-exempt charitable trusts.Is,lire organization filing Form 990 in lieu of Farm 1041? h If'Yes.'enter tire amount of tax x`r,pt interest received or accrued dui Inn the vow 112h I_ Font 090(2C09) 5 16290429 141412 LEO 2009 .05000 LIBRARY SQU?1RE FOUNDATION in LEO 1. LIBRARY SQUARE FOUNDATION FOR ARTS, Form 990 2009) CULTURE, AND SCIENCE 48-1268355 Page6 LarE i�i_�Governance, Management,and Disclosure For each"Yes"response to lines 2 through 7b below,end for "No"response , to fine 8a,8b,or lob below,describe the circumstances,processes,or changes in Schedule O.See instructions. Section A. Governing Body and Management _ Yes No fa Enter the number of voting members of the governing body .. - Ll_e 1 15 :;r: :. b Enter the number of voting members that are independent b _ 5 - ' . 2 Dld any officer.director,trustee,or key employee hove a family relationship ore business relationship with any other officer,director,trustee,or key employee? ., 2 X 3 Did the organization delegate control over management duties customarily performed by cr under the direct supervision of officers,directors or trustees,or key employees to a management company or other person? 3 X 4 Did the organization make any significant changes to its organizational documents since the prior Form 090 was filed? 4 _ X 5 Did the organization become aware during the year of a material diversion of the organization's assets? , „ . . ... 6 X 6 Coes the organization have members or stockholders? 0 X _ 7a Does the organization have members,stockholders,or other persons who may elect one cr more members of the governing body? 7a X b Are any decisions of the governing body subject to approval by members,stockholders,or other persons? . 7b X o Did the organization contemporaneously document the meetings held or written actions undertaken during the year i by the following: a The governing body? ., . co X b Each committee with nutitorily to act on behalf cf the governing body? ' . .. fib X 0 is there any officer.director,trustee,or key employee listed In Part VII,Section A,who cannot be reached al the organization's matting address'?ft"Yes."provide the names and addresses in Schedule 0 . . . .. ... . . 0 X Section B. Policies(This Seri, onlrequestsinformationaboutpoliciesnotrequiredbytheInternalRevenueC_ode.) ___• _�Yes No 10a Does the organization,have local chapters,branches,cr affiliates . . . . 10a I X b if'Yes. does the cr„a.i_eticr•have written policies and procedures governing the activities of such chapters,affiliates. cad brZrche3 to ensure tiler operations are consistent with those of the organization; . . . . 10b 11 Has the crgsntodtiee prcvideci a copy of this Form 990 to ell members of Its governing body before filing the term? .. .,. 11 X 11P, Describe 1n SeeedcO fi Lie pro.__ ,if any,used by the organization to review this Form 990. 12a Does tno orgar.iza'ion have a written cart/rat of Interest policy?11"No,"go to line 13 . . . 12e X ^_ h Are officers,directors or trustees,end key employees required to disclose annually Interests that could give rise to cenfiials7 12b X o Does the r.r? _. .end consistently monitor end enforcec :p?o_neewith i l y �,.i,,;'n'.:cr;rr .,, ,nor, r�•i,u c r..,� the policy?If'Yes,"c'es�;iD In Sc'rec:r:e 0 he„eii.ie le re see . 12c X 1 -a 13 Does the erganizaticr•leave a written wlliste'.>lowar policy? 13 X _ 14 Dees the crrr;izaiion have a wrltlen document retention and destruction policy? .- .. 14 X _____ 1a Did the process for determining compensation of the following persons Include a review and approval by independent �! , t ,e i, .r i lbe1 ? .. persons,rcmpara�,ltly dale,an,:con emporia;e01lS SU1..111t,l:Ion of the Gel r c,11Cn end C4CCioi^n: a The organl_Taflen's CEO,Exacut'!v.e Dirocicr•or top,marl:Cement officla' . ,.. . .. 15a X -- h Other officers or key cnrpicyec s of the crga::z:rtron .. . 15b X if"Yes'to line 15n cr 15b,describe the process in Schedule 0.(See inetructcns) 15e Did the organization invest in,contribute assets to,or participate In a joint venture or similar arrangement%ilii n • losable entity during the year? 10s X b If'Yes,"has the orftanizetian adopted a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under apphcabte federal tax law,and taken slaps to safeguard the organizaticn's . exempt status with respect to such 5rranoemeni ? . .. . . . .. . .. . . . • . . . ... . .. . .. . .. . .. . . 15e Section C. Disclosure 17 List the states with%rhlch a copy of this Form 990 Is required to be filed P-_.___.- NONE _ _ - 13 Section G10 requires ail organization to make its Forms 1023(or 1024 If applicable),990,end 090•T(501(c)(3)s only)available for public inspection.led cats how you make these available.Check all that apply. r— I__-.1 Own%vebs'te f-._-1 Anolher's%:Vasil° I X I Upon request 10 Describe in Scheduto 0 whether(rind If so,how),the orgenlzaton makes Its governing documents,conflict cf interest policy.and finrnci;L statements r:alloblc to the public. 20 State the name,physical address,end telephone number of the person who possesses the books end records of the orgonizeticn:re THE ORGANIZATION - 8015319800 __ ------- - P0 BOX 2129 , SALT LAKE CITY, UT 84110 Amok Form 990(200D) . . 032000 o2.nn.lu 6 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION P' LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form090 2000) CULTURE, AND SCIENCE 48-1268355 Pagel Tail VIII Compensation of Officers, Directors,Trustees, Key Employees, Highest Compensated Employees,and Independent Contractors Section A. Officers,Directors,Trustees,Key Employees,and Highest Co npensatod Employees _ _ _ l 1 a Complete this table for all parsons required to be Plated.Report compensation for the calendar year ending with or within the organization's tax year.Use Schedule J2 If additional space is needed. •List all of the organization's current officers,directors,trustees(whether individuals or organizations).regardless of amount of compensation. Enter•0•in columns(D).(E),and(F)if no compensation was paid. •Ust all of the organization's current key employees.See Instructions for definition of"key employes." •List the organizations live current highest compensated employees(other than an officer,director,trustee.or key employee)who received reportable compensation(Box 5 of Form W-2 and/or Box 7 of Form 1099-MIS0)of more than$100,000 from the organization and any related organizations. •List all of the organization's former officers,key employees,and highest compensated employees who received more than$100,000 of reportable compensation from the organization and any related organizations. •List all of the organization's former directors or trustees that received.In the capacity as a former director or tiustee of the organization, more than$10,000 of reportable compensation from the organization and any related organizations. List persons in the fol'ow'ing order:individual trustees cr directors:institutional trustees:officers;key employees:highest compensated employees; and former such persons. l_] Cheek(Lis box If the organization did not compensate any current officer.director,or trustee. _________ N s e and Til,s Average Position Reportable Reportable Estimated hours (check alI that apply) compensation compensation amount of per11 -- from from related other week d the organizations compensation b li organization (W-2/1000.MISC) from the ('N-2/1099.MISC) organization 0 5, and related g r ?1 V 0 or onoatic.,c o I,i. I WILL WEST BOARD CHAIR X X 0. 0 . 0 . E)ARS1iALL WEIGH` — .X X ! 0 . 00, JAN Ili:i;0ETH — -- —�. -- - X 0 0 0 1 DR. N D 6iED./Slir:i KER r - - ALLEN ROBERTS X i 0 0 0 ADA1.1 PRICE EXECUTIVE COMMITTEE X 0 " 0. 0 . U EI'FEE,_ UNRULI - ----- ----- -- -- --- I x 0 . 0 . 0 . DR. SUZANNE WINTERS — SECRETARY 'inEAt7;unE1? I : 0 . 0 . 0 . ANNETTE CHRISTENSEN '• • X 0 . 0 . 0 . MIEE', i LI LEVNTAL --- • NICK GIBBS ! l -- —� _ - — X L ! 0 .t 0 . 0. PEritR E' (_;IL sS I I?:{ECUTIVE DIRECTOR ! <10 .00 X r i4 i, .104 .; 0 . 0 . 1 i 1 i, ! 1 r crc� Form 900(200<<) f 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO_ I LIBRARY SQUARE FOUNDATION FOR ARTS, Form 990`20091 CULTURE, AND SCIENCE 48-1268355 Papa PI K V111 Section A. Officers,Directors,Trustees,Key Employees,and Hi,host Corn ensetod Employees-(continued) osvatiak (A) (B) (C) (D) (E) (F) Name and title Average Position Reportable Reportable Estimated hours (chock elf that apply) compensation compensation amount of per from from related other weak 0 the organizations compensation 2 organization eN•2/109D•MISC) front the E. 1 (W2/1099•MISC) organization 5 P p and related P. organizations I _ , _ 1b Total . . .. . t> 1 123, 10ri 0 0 . 2 Total number of Individuals(including but not limited to those fisted above)who received more then$100,000 In reportable cornpensetlon from the organization )" •_ Yes No -- 3 Did tire organization list any former officer,director or trustee,key employee,or highest compensated employee c:,n tine 1a?if"Yes.'complete ScheduleJ for such hnc'h'Jduc+ . 3 v- 4 For nay individual listed on me 1 a,is the sum of reportable compensation and other compensation fi o:n the or,;cni_a;:c and related organizations greater than$1 b0,0007 If"Yes,"complete Schedule J for such Individual. . 4 X 5 Did any person Itsted on line la receive or accrue compensation from any unrelated organkx.ation for services rendered to the organization?If"Yes,"complete Schedule J for such person . .. . .. . . . .. . . . . ... . . .... .. .. . r X Section B.Independent Contractors --_ _ J A — — I Complete this table for your five highest compensated independent contractors that received more than_$100 000 of compensation from the organization. NONE _ (A) ( ) (C) Name and business address Description of services Compensation 2 Total number of Independent contractors(including but not limited to those lister!above)who received more then I . Adlogrok $z 100,000 In compensation from the organization '' 0 l Form 990(2000) ' cli2e0$ 02-0'-le 8 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 . . LIBRARY SQUARE FOUNDATION FOR ARTS, Form 090(200g) CULTURE, AND SCIENCE 48-1268355 Pago9 Pail-VW Statement of Revenue ____ (A) (a) (C) (DI -,.-•- "- •• ',•• •...*..•..i,,- l• .. Total revenue Related or Unrelated Revenue . . excluded from • exempt function business tax under ..- .. ..... , revenue revenue, sectIOns 512, 513,or 514 .:: •, 44.1 1 a Federate:1 campaig .ns la . . . . • . &E . Cc . • •.• • •b Membership dues lb . • . . ... c Fundraising events . .. lc - - •- -- • . •.• _ .. . . . . . • • 131'6 d Related organizatIons id . • . . . . , .._ . - 0-E o Government grants(ccntributicno) le 483,899.1 - . - '.. . ---. ..'lH:-...:.5'0 i • .- _ f All cllior contributions,gilts,grants,and 5 0 t • . .. . • . . Jaz similar amounts not lc:dr:dal above 1 1 761 ,076d . . , • . . • .• .c.*6 -td g Nunc.xth wrththoLcna Iific, at lirer,ln•It!.; 805.i : . . . • • : • . . r„)n h Total.Add Fries led f r.- lir 2 4/.1 1.9 75. -... : . • • • . • .• . Business coder --. • : • • :: .."-:' •• - - ' ' —77 . • u4, 2 a •- b ° 5 c a) E . ----- - 2 a) d cg 2 e _ AI]clilor prcgizr n service revenue . • c Total.Add lines 21-2( . . . . P3- . . — _— . _ 3 Investment lntiorne(including dividends,interest,and othor.strnil,ar oracunts; . .. .. .i...-- 5,494. 5, 494 . . . .. _ 4 Icoone from invE.s:morit cf tnx-exo.mpt bond proceeds F _0 Ran; e Feisonal . ... • • 0 a Cr:o:s flonle . . • . . .. ,__ 1) l.c.-:,:-..-:rai:to.:oxT:seo I - •. . . . . . ( c Rcr,itil Income Cr(loss) 1 _ [ I• . . • : . • e Ne r.-N-.1,:-.1 i,:icoroo or(oss) . . r- k}S?.:tit!ti,_,S [ (I)Otiic-r • . . . • ' F Lee::co..:C7 cthor bc..-,i..) : • . . . • . . • • . c-ielsioles c24-.isr.os...) i- . .- . • 1- c Gain cr-(',-,•--...-4 1 - • . d 1-131 :-,cr(osa) . P.- _...._ . . . e: ! C e r.]:"073 hoon-o f;'orr,fui-,•-jr:31,-1,,:),events(oc'. .- . . • • . C c l i-,odi-:--i";; c' : . . 1.1.. -ic).,`.--:',-.-r. . . . . ,. Pe.::N%kr.,.,1E.-. . __......._ - . . a .. . . b Less:6-oc.:1 e.;•;p6rcE.,::: . .. n.._ i, • .... . . . S. c Not IIICOM':'or(toss)from funcii- isIng events . t> , I•3 o Groos le,:_:::ro frorr g ri‘.inci r;ctivilies.Sec • ' Pod IV,Iris F. il . • • . . I Ler->s:Ciro.;:t expel-is:7:s 1) • gnminj cc,tivi:ico .___ . .._. . 10 o Gross snlos or Inven:cri,(ms returns . . . . cud slie:i,vancea . . a • •• . • . . b Less:cost of goi:.el sold . b •c Not Income or foss'i from sales o'inventors) P- .. - . Miscallanesuo Flo-,,erius: Bus•noss Cr:cie 11 a i1I1.3e. REVENUE 4f 189 t. A 169 . _ 1) ______ _. __. _ [ .... ._ . d Al c:her revenue . . . __ _ c Total,Add boos 1 I clic] . . 4L 189 . - . •.........,........ ________ 12 Thlal_r8Joriira.Se. Ins:ructians . 1, 254_ _,658 .___. 9, 683 , O . 0 . _ __ 1)-ilicITY Form 990(2009) ii.,•01 1G 9 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form95O 2009) CULTURE, AND SCIENCE 48-12613355 Page 10 art I I Statement of Functional Expenses ..me,,,, Section 501(c)(3)and 601(c)(4)organizations must complete all columns. • _ All other organizations must complete column(A)but are not required to complete columns(t3),(C),and(0). Do not Include amounts reported on lines 6h, (A) --� (6) j —TOF (0) 7b (lb,Ob,and 10b of Part Vlll. Total expenses Program service Management and Fundraising —!!___ - expenses -_ general expenses _ _expenses _ 1 Grants and othor assistance to governments and . . . organizations In 1!ie U.S.Sea Part IV,ilne 21 _ 2 Grants and other assistance to Individuals in : the U,S.Sea Part IV,line 22 . .. . ----•- . 3 Grants end ether assistance to governments, • organizations,and Individuals outside the U.S. See Part IV,lines 10 and 16 . . . 4 Benslits paid to or for members . . • _. _ ._ .._.._� 5 Compensation cf current officers,directors, trustees,and key employees . . . . . . C Compansa,'.on not included above,to disqualified persons(as(Mined under socks 4953(1)1,1))and persons described In section4958(c)(3)(B) 33, 104. 508. 32,596. 7 Othar salaries end,vages 715, 1.41 . 378,991 . 246,491. 89 , 659 . F Panslcn plan coutOu!:ors(includ_sccl!on 1 (r.;01 - and sactlen 1035)on:!:cqsr cor.iribui!cna) F Otherora,^lcyoehcosls 36, 191 . 18,655 . 12,673.! 4 ,863 . 10 Pa,•rollta,.es _-_57,57,022 . 29,209 . 20,968. 6, 845. 11 Foes far ssr.ia a� ,;;,.;r,;( ,n.o 'cvices): _ __ -__- - a Msna ern..nt -- -- - - --- b Loge; .. 5 /112 5,(!'12 . c /.•- . . 63, 500 . 6', 221 .i - 55 ,2 /9 n Pi:'dS7 ;!1:: • :.`-F:..!,.I(:� . 37 , 436 . ..-,-.._...____.-._. ._-_._.__ 7 ,4 3 to g otne: 242, 76,4.I 83,327 . 138, E121 20 ,625 . 12 ,,dv d ^'^;.;e::r'p.,_- 4,950 .1 2, 59l 2 ,35E 13 Offc>exr.,...c. 97, 954 .( 59 ,747.1- -27 , 61 .1 1.0, . 9 .. 1: lafor,„al;Q;tc- 53, 817 ! 46, 747 .1 7,070.1 15 Royn dea . j - 10 Octal .cc — 6, 340i <6,300. 121640 17 Travel' 81,028. 41, 815.L— 15,296. 23, 917 . 15 Pa ymentn,of lrnvol or enterta'nment bxpenSGB for any fedornl,slate.or local publ,o officials ---------------------- ------ - ----------- 10 Ccnfer_nce-3,ccnventicnr,earl meelings 20 iInterest ----- - - 21 Payments to ot''illa:e . ( _ 22 Depreciation,cloplet:cm and nn:crtizntfcr, 64 , 560 . ( 64,5 60. 23 Insurance ---_-.____.__ -------__. -, ?.4 Other expenses Itamiscc:grnrsas not covered ( - • above.(Expanses groped together and labeled • .• - • € • miscellaneous may not oxceed 5l el total . . expenses she„e en Coo 25 below) �----._..__-----___ c EQUIPMENT 0 . 18,583 . <18,5834> b OTHER EXP 8,064 . ----_ 8,064 .1 c BAD DEBT EXPENSE 3, 425 . 60 . 25,072_ <21., 707 .> d EQUIPtMENT RENTAL, 1, 405 .� L _ 1, 405 . o DONATED PROF. SERVICES 300. — 300 . f A'•I other expanses ---- -- 25__Total lonctlonad expenses,Add hoes 1 through 241 1 ,512, 413 . 682 , 155 . 654 , 4 6 d_ 17 5 , 794 . 20 Joint costs.Check bore rr I 1 0 totloal;m - —' SOP 95.2.Complete this Fire only if the organization +w reported in column(B)joint costs from a combined educational cainnainn and fundraising solicitalion _._ P32010 0?04.10 Form 990(2009) 10 16290429 14141.2 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LED 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form ON t2006) CULTURE, AND SCIENCE 48-1268355 Pageii Part X f Balance Sheet _ —.______— — (A) -- — (0) l Beginning of year End of year 1 Cash non•inlerest-bearing . .. . 939,267 . 1 1 ,649,288. 2 Savings and tamper-any cash Investments . . . ., . . .. 2 3 Pledges and grants rece:vab'o.net _-. .,. . , --- 1, 3 81,8 9 6 . 3 4 2 2,6 0 2 . 4 Accounts receivable,net 5 Receivables from current and former officers,directors,trustees,key • . employees,and highest compensated employees.Complete Part II - of Schedule L .. . . . .. S 6 Recolvab.`es from other disqualified persons(as defined under section T �m 4958(1)(1)l and persons c!escrlbe.d in secticn 4958(c)(3)(r3).Complete . • . Part li of Schedub L . ... .. . . . . . 0 07 Notes and bans receivable,net ... . ---- 7_.—. . _ P Inventories for sale or use . . .. . . , _ . C— -- 9 Pre;pa;d expenses and deferred charges .. . TT— 3, 7 8 6 . 9 11,035. 103 Lard,buildings,and equipment:cost or ether — basis.Complote Pal VI of Schedule D 10a _ 205,413. • (.' b Less:accumulated depreciatio„ 101) A� 154,497 59,038. 10c — 50,916 . 11 Investments•publicly traded securities 2 5,0 0 0 . 11 12 Investments•othersocurit!es.See Part IV,line 11 .. . ... 12 I 13 Investments.prograr;.•related.See Part IV,line 11 . . . . I 13 (_ 14 fntanribte assets --- 14 ! 15 Other assets.See Part IV,line 11 , . . 819, 379 .! 1s ! 1 , 166,654 . la Total assets,Aciet lanes 1 thrcitn'r 15(must equal line 34'; 32 2 8, 36 6 .110 1 3,4 16, 172 - 17 Accounts payable and accrued expenses . 67, 329 . 17_1__,_-___ 101, 407 . 18 Grantsp_.,cids .. __ 500, 000 . iC 364, 583. • 10 Dele7ud rovonuo 10 20 T a::exempt bond Iiab"ties . . . . . . .. . . .. . .. .. . .. .. 20 I L, 21 21 Escrow or custodlo'account Irabi:ity.Complete Part IV of Schedule D I 21 10 —~ ' 22 Pavel;ec t_currant and former c2 cera,directors,trustees,koy employees, 1 •! _______.. I::rl c_.cc .,.cna_^ted cr , etas, dlbqunEad perso,�s.Complete Part II ! c(:cL :!tale L 22 23 Secursd mortgage_are.,:notes ps, _. .a to unre! ted third purtics I 2 24 Unsecured notes aril loans payable to unrelated third perties . .... .. _ -- . I 2•1 I ._ _ 25 011:r habil:tie_.Complete Pail X of Schedule D . . . . 25 iF Total liabilities.Add lines 17 ihrouch 2t !---- 5 6 7 , 3 2 9 23 i 4 65. , 9 9 0 . Orgunizatle^^that fetlow SPAS 117,check here ).� F Y,I and c rnrpicte m 1 • c-, lines 27 through20,and ti ae s 33 and 3 t. 27 Unrec,..cted n.:,case:e . . . . .. ... .. ... . .. i , 8 7 7, 4 0 7.I L , 5 5,1 7 15 ie. o-ram;;r trIctednetascet 783, 630.l 2t; !co 395, a167 . 20 Pa.n::nenily restricted not aso;, 29 i Orpar;!zatlons that do not follow SFA5117,el rook here •(> and TI • „___,_,__ o complete lirtec 30 ihrougtt 34. j 3D- „- Carj ,,or trust f,,,.ci;r.l,Cr current f-r.,�_ 30 I a cr equipment fund 31 3i Paid-in or c cp,us.or land,bu tdin ---— — �, 32 Flote r..ed e..,m:ru ,endowment accumulated income,or ether funds 32 !— 33 Tole!net a:setsoi fundbalances I 2 , 661 , 037 .t 33 2 , 950,1 82 24 Tntr'lbrh;itides and net essets/fund babnoo.n . . . .. . . . 3,2 2 8, 361 .134 1 3, 416 172 form 900(2009) ntosr i e2-f. 11 16290429 141412 LEO 2009 . 05000 LIBRARY SQUARE FOUNDATION F LEO 1 • LIBRARY SQUARE FOUNDATION FOR ARTS, Form000 2000) CULTURE, AND SCIENCE 40-1268355 Page12 iaart'XJ:EJ Financial Statements and Reportitt_tg__ _ _•_ Yes No 1 Accounting method used to prepare the Form 090: I-1 Cash n Accrual I^1 Other if the organization changed its method of accounting from a prior year or checked'Other,'explain In Schedule 0, 20 Were the organization's financial statements complied or reviewed by an Independent accountant? . . . . _2a X b Were the organization's financial statements audited by an Independent accountant? . . . .. .. . . ... ... .. .... 2b X c If'Yes"to line 2a or 2b,does the organization have a committee that assumes responsibility for oversight of the audit, review,cr compilation of Its financial statements and selection of an Independent accountant? _2c X If the organization changed either Its oversight process or selection process during the tax year,explain in Schedule 0. • . d If'Yes"to line 2n or 2b,check a box below to indicate whether the financial statements for the year were issued on a r , consolidated basis,separate basis,or both: i K I Separate basis Consolidated basis I Roth consolidated and separate basis 3a As a result of a federal award,was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A•133? . . . 3a X b if"Yes,'did the organization undergo the required audit or audits?It the organization did not undergo the required audit or audits,explain why in Schedule 0 and describe any steps taken to undergo such audits, . . .... _. . . . . . ... .... _ 3b Form 990(2009) 032012 02 04 10 12 16290429 141412 LEO 2009. 05000 LIBRARY SQUARE FOUNDATION F LEO 1 • S E A Public Charity Status and Public Support r'var:' ,�''�„(Earn,oren 990 990 o or$90•EZ'r A Complete If the organization is a section 501(0)(3)organization or a section 20.09 Depwlment ol,nol,easuy 4047(a)(1)nonexempt charitable trust. '..Open to Flubtic• rntemol nevonuo Service ►Attach to Form 990 or Form 900-EZ, P See separate instructions. ail9plsetfori Name of tho organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer identification number CULTURE, AND SCIENCE 48-1268355 Part-1 I Reason for Public Charity Status(Ail organizations must complete this pail.)See instructions. The organization is not a private foundation because It is:(For lines 1 through 11,check only one box.) 11 i A church,convention of churches,cr association of churches described in section 170(b)(1)(A)(1), 2 (—^1 A school described in section 170(b)(l)(A)(ii).(Attach Schedule E.) 3 ( I A hospital cr a cooperative hospital service organization described In section 170(b)(1)(A)(11i), 4 Li A medical research organization operated In conjunction with a hospital described in section 170(b)(1)(A)(ili).Enter the hospital's name, city,and state: 0 [.__.i An orgenizaticn operated for the benefit of e college or university owned cr operated by a governmental unit described in section 170(h)(1)(A)(iv).(Complete Pall II.) C I 1 A federa;,state,or local government cr governmental unit describ;d In section 170(b)(1)(A)(v). 7 [i An cr ga!,hat;on that rorrnafy receives a substantial part of its support from a governmental unit or from the genera!public described in section 170(b)(1)(A)(vi).(Complete Part II.) 8 1 A community trust described In section 170(b)(1)(A)(vi)_(Complete Part I'.) 0 'izatio. t °° 3 / ° • foes,and c;o:s receipts from _. 1 A.r r:r?a.. �t tit...r,c;^1..,�,receives:(1 r,. r t:'iaa 3 1 3 b e,its e ;�pcl:from conUl.�u„one,m.•,.cc!_�:;, ac•, to Its exempt f_Lnclion •su'. act to certain exceptions. more; .anc.(^1 no then 33 1!3^;.Cl its support from gross investment roco.,.,and urretated bu si:rec;taxable income{'ass sect'.cir 511 tax)from t_-usInes..-.s acq:,r•.d by the cro'ni;:ntion atter June 3'`.1075. _ See ecctio. 5C l(a)(,).(Comp pl to Part lii.) 10 L_J :;t cr :::;izat;cn crganiz d cad operated exclusively to test for public safety.Sec section.609(a)(4). 11 I I t crq: : r. r crg'an,rxl cod cperatar excIuslveiy for lire bene`I of,to perlernr the fur.ctienc of,or to ca ;cut Cte r.0 :,s of coo cr f:_.., _ rife _ .•.__., ns t'aa i:,_d 5:coot:cr;Sn,C{^(lf c; _cl; ,. f' :') ,.__.ion c' _ . _..,..a''.._ c ,_• . crliE,'.I:: r co rptelo l •Li. c 11.;C: <.' �,:I y,o I; c I 17y;:a C1•Pun:,iccr.!!/ir::o ::.,_.. cl Ty'_ II!•C>t'r:-r <-CI nl:.d, ,. t car, G'C _ C":::� t,'.:CrI�E, _ r._ ;r:;�aL:i.,_ 'Grit�.,,_ �.;' �,.,i'I:Ord Cl..C;C::�.`�[, )f.'aIC�.�:Ciild!tali„ . f::_.... CI:.�:i.;-,.1 on.:er more p „i;ciy S ,;peri d crg;o:riznliore described In Sc;;tc :[''O9ta;(1)or section 530(a;',2) n l t;r::c :eti.. received a v.":itten dott:rnnn t!crr from the IPS 1 i<„it is Typ e T �c I, I y,-'i:,a Type Y' :cr1 cr ..r.r trot,tip_ ,.true box Ell 17, .0 ,!'....t ec .,7..,ir_nco eptud. 'f; .c:czr,,,,_.rt; ,.f,:;. .. ;ofthal (,. 1, -= c:._Oti;aril,. .. _ly coot:cis,ei;:,_t eIone or to ther w:I.h is ._..,s ,_ ..._.c'i, (.,; I'd(' b i Ye tit oo.oming boo, of the. pper;ect organization? Gil t,1c.m ,'men,be.of a prison clescr,bcd is(;)nde'.e? 1 i (iii) A:3pi ccntroC"t entity of a pelacn described in(i)or(A)shove:. . . . 11 r iii} t, P,. ;d:the folo,sir,.:in!orrrct,on s`_out the supported ergnniznticn(s) (Ili)iyi,8 e` �a•)Is ttlo r-rqi a etic^l Cid you n:.t"',tape NI)i t!;.r -------------- (I)to ;lb;C 3'.I: (i)L, : ;r ti ( l i, ('Jiff l ll:J;!I::Cr Otjlirn;,J,9" listed (o rc,.:lh r' ^t p 11lIdtlol,t.i GO CraninlIcr nc l.(I)II w!I^gar;r G a.lotu; ,;I. I arrant aril b;Ufa :'•ut'^cr; i p:esclit.'a:!cr linos 1-9 ., () n cvLrnill j C; GiilCrl? (i)ai y h($llj;jl.^,i;! "n.JO'v�C.i:,g C9CtICf1(so Instructions))Instr!ctions)) Yes No Yes No I Yes I No 1 • ! i II I Total I ___ • LI IA For Prlvecy Act and P<apervor!:Reduction Act Notion,see the Instructions for Schedule A(Form 990 or 090-EZ)2000 f Form 090 or 000•5Z. $tic,•;r pro se_!:, 13 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Schedule A(Form 090or090•EZ)2009 CULTURE, AND SCIENCE 48-1268355 page leP°f't11.{ Support Schedule for Organizations Described in Sections 170(b)(1)(A)(1v)and 170(b)(1)(A)(vi) (Complete only If you chocked the box on line 5,7,or 8 of Part I.) Section A. Public Support " '___ _ Calendar year(or tlscal year beginning In)►_ (a)2005 (h,200G ^_(c)2007 _ _(cD 2008 (o)2000 f_Total 1 Gifts,grants,contributions,and membership fees received.(Do not include any'unusual grants.') 2944683. 168,093. 1673743. 893,615 . 5680134. 2 Tax revenues levied for the organ. Ization's benefit and either paid to or expended on its behalf __ _ _ _ 3 The value of services cr facilities furnished by a governmental unit to the organization without charge 363,777 . 363,.777. 4 Total.Addlines 1 Ihrough3 2944683. 168, 093. 1673743. 1257392 . 6043911 , 6 'The portion of foie'contributions . - by each person(other than a e governmental unit or publicly supported organization)tncludad • on line 1 that exceeds 2%of the - amount shown on lino 11, • column(i) 6 Public su. ort.Wilmot c •- • • ' 16043911 . rc i lion;non -_- - ._-.._..._.-... .1 SectionB.Total Support ______ ___ Calendar year(or fiscal year beginning In)te- .____(0.2005 (b)2006 (c)2007 (d)200E I (e)2009 (0 Total 7 Amounts from lino 4 2944683 . 168,093 . 1673743. 1257392 .I 6043911 . E Gross accrue from interest, dividends,payments received on • securities loans,rents,royalties 44 39} 2^ 36 C rr 4 C t r and income from sin Gar sources r 7 . 7r v, 3 5 7 . , i . ;,5 J _ __—"_-...-- -- _1 r 7 + , 6_ 0 Not Income from unrelated business �.,.-y activities,whether or not the business Is regularly carried on . I _ 10 Other income.Do not Include gain I _ _________ or loss from the sale of capital assets(explain In Par IV.) 413. 1 ,5 2 0 ., 3, 6 41 . 5 ,574 . 11 Total support.Atlti Il;;es 7 lirrcu.th 10 �� ___; ".. ...• 1. •.... ,..__..._._`. _ { 6190052 . 12 Gross receipts from related activities,etc.(see Instructions) .. . .. . . .. . . . . . .. . 12 I 1 , 652 , 059 . 13 First five years.If the Form 990 Is for the organization's first,second,third,fourth,or fifth tax year as a section 501(c)(3) organization,check this boxer('stop here .. ... . ... . ... .. . . .. __ _ El C. Computation of Public Support Percentage 14 Public support percentage for 2009(line 0,column(0divided by line 11.column(f)) .. . .. . 14 97.64 % 15 Public support percentage from 2008 Schedule A.Part I!,line 14 _ l 15 97 .87 rti 16a 331/3%support lest-2009.1f the organization did not check the box on fine 13,end line 14 is 33 1/3%Or more,chef k this box Anti stop hero.The organization qualifies on a publicly supported organization 1•1 Y 9 33 1/3%support test-2000.1f the organization did not check a box on fine 13 or 16a,nod line 15 in 33 1/39fi or mare,check this box and stop here.The organization qualifies as a publicly supported organization r' 17a 10%-facts-and-circumstances test-2039.1f the organization did not check a box on line 13,1,3a,or 16b,and line 14 Is 10°41 or mono, end if the orrganIzetIon meets the•'facts•and circumstances'test,check this box and Stop here.Explain in Part IV how tho organization meets the"fac'san••ci cu el;noes'test.The organization qualifies as a publicly supported organbation ''LI I b 10%•facts-and-circumstances trial-2008.11 the organization did not check a box on line 13,1Gn,16b,or 17o.,and line 15 is 10%or more,and if the organization meets the"facts•and•circumstances'test,check this box and stop bore,Explain in Part IV how the organization meets the'facts•end•circuntslances'test,The organization qualifies as a publicly supported organization 6-CJ 10 Private foundation.If the orgenizaCcn did not check a box on tine 13,10a,16b,17a,or 17b,chuck this box end see instructions D( 1 Schedule A(Form 990 or 000.5Z)2000 Aft 032022 o2-C8-ra 14 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 Schedule A(Form 900 or 900. )2009 Page 3 _Port!!! Support Schedule for Organizations Described in Section 500(a)(2)(Complete ante if you checked the box on lino 9 ei Part 1.) Section A. Public Support Calendar year(or fiscal year bcolnning In)* ____-112005—_ (e)2006 j _(cL2007 (d)2008 _ (4 2009 (4 Total 1 Gifts,grants,contributions,and — membership fees received.(Do rot include any'unusual grants.') • 2. Gross receipts from admissions',merchandise sold cr services per. formed,or facilities furnished in any activity that is related to the organization's tax-o:tompt purpose 3 Gross receipts front activities that ere not an unrelated trade or bus- I ness under section 513 4 Tax revenues levied for the cr3-on' —_—_.-. _� _ ---- _...-__ izaticn's benefit and either paid to or expended on Its behalf 5 The value of services or facilities furnished by a 0ovemmsntai unit to the organizaticn without charge _— t3 Total.Acid fines 1 through J --___.____i_----�_'--�_..___._— 7a Amounts included en lines 1,2,and — —` 3 received from disqualified parsons h A ccunta Inch:dcid cc Pace 2 an.:2 rccolvcc rw:n onlier than cr'sc;onb"tU r:o'sons Ihal CKca^n Ir.o urnabs of$S,cc r c,11S cl ra c.i ton I,ro 1O'vr lam year C Add lirvas7a and7b 0 Fuhlicstreport4s,. r;:I:.;.:Iro ,'r:>s — ' • — Section B.Total Support --------------------- Calendar year(or fiscal year ter,iinn:ng in)#> 0)2005 ! it 2005 (9)2007 (d)2006 (e)e009_-_I-..._.(!LTotaI 0 Amounts from lice to . - 10a Gross Income from Interest, --•-----______._---.__---.- ,-_-- --- ---_--- --- ---„-__.__-- _ dividends,payments received on securities loom,,rents,royalties and incurs from simile.-sources - _______ ti:.,rle e buSnlso5 t0x53i.1 income 1 (less section 511 hers)trent bi„ier..s5 > acquired atior,],r'io 1073 I i c Add ling 10o and 10b 1 I 1 Ned income from unrelated business activitie3 stet included in line 10b, „ ,t ihercr no!the busin__e i renuindy carried cc -- --12 Other income.Do not Inc k. e cc n or loss from tie sale of osoita..i I assets(Explain In Part IV.) • - •13 Total supi,arl(A:1,i n_. ,,:, ,I.4incl r21 - 14 First live years.If the Form 990 is for the e:n nizatic c's first,second,thin!,fourth,or fifth tax year as a section 5'01(c)(3)crgonizetici:, clicc'c this box and stop hare . .. .. . . .. - I1_1 Section C. Computation of Public Support Percentage 15 Public support percentage.for 2000(line 8,co:ur,n(I)divided by line 13,column(1)) 15 16 Pubic support percentage from 2903 Schedule A,Part III,lino 15 16 Section D. Computation_of Investment Income Percentage 17 Investment Icoonle percentage far 2009(line 10c,column(f)divided by line 13,column(1)) '17_�_ 18 Investment income trercenlago from 2008 Schedule A,Pert lit,line'17 10 I 1 Da 33 1/3°5 support test..-2000. Ii the or,^,ncizaticn did not chock the box on Tina 14,rand line 15 is roots than 33 1/3'7,r,and line 17 is not sore then 33 1/2%,r.heck this box andstop bore,The organization qualifies es a publicly supported organization . h 33 1/3'(,support tests-2003. if the organization(lid not check a box on lino 14 or line 19o,and file 10 is mono Lean 33 113%,and file 15 Is not more linen t33 1/3n,check this hex anclstop Here.The organization qualifies as n publicly supported cryrniznticn 20 Pri:ete foundation.If the oroeoizatlon did not check a b_ox on line 141t 1£a,or 19b.check this box nncl see Instructions fr Schedule A(Form 000 or 000-EZ)2009 15 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 ** PUBLIC DISCLOSURE COPY ** Schedule B Schedule of Contributors Oti,np,o.,,,5-�,; (Form 880,090 E2, -- /01011a or 990-PF) ► Attach to Form 090,900-EZ,or 980-PF. 2009 Depdttnent of the Treasury Interne/naenue Service Name of the organization t;mptoyor identification numbor LIBRARY SQUARE FOUNDATION FOR ARTS, CULTURE, AND SCIENCE 48-1268355 Organization type(check one): Filers of: Section: Form 990 cr 990•EZ_ [1 501(c)( 3 )(enter number)organization [D ,i9;7(a)(1)nonexempt charitable trust not treated as a private foundation El 527 political organization Form 990 PF 501(c)(3)exempt private foundation 4947(a)(i)nonexempt charitable trust treated as a private foundation } 501(c)(3)taxable private foundation Check If your organization is covered by the General Rule or a Special Rule. Note.Only a section 501(c)(7).(8),or(10)organization can check boxes for both the General Rule end a Special Rule.See instructions. General Rule roll For an organization filing Fora:990,990•EZ,or 990•FF that received,during the year,$5,000 or more(in money cr property)from any ono contributor.Complete Pars 1 and ii. Special Rules FR-1 For a section 501(c)(3)organization filing Form 990 or 990•02.that met the 33 I/34u support test of the regulations under aectione 509(a)(1)and 170(b)(1)(A)(vi),and received from any one contributor,during the year,a contribution of the greater of(1)$5,000 or(2)2% of the amount cn(i)Form 990,Part Vili,line 1h cr(iI)Form 990•EZ,line 1.Complete Parts i and II. Li For a section 501(c)(1),(3),cr(10)organization filing Form 990 cr 990•EZ that received front any one contributor,doling the year, aggregate contributions of more than$1,000 for use excRrciveiy for religious,charitable,sclontitic,literary,or educational purposes,or the prevention of cruelty to children or animals.Complete Parts I,II,and iII. Ei Fore aecticn 501(c)(7),(8),or(10)organization(fling Form 990 or 990•EZ that received from any one contributor,during the contributions fur use exclusively for religious,charitable.etc.,purposes,but these contributions did not aggregate to more than$1,000, If this box is checked,enter here the total contributions that were received during the year for an exc!usiively religious,charitable,etc.. purpose.Do not complete airy of the parts unless the General Rule applies to this organization because it received nonexclusively religious,charitable,etc.,contributions of$5,000 or more during the year. . . --- Ceutton. An organization that re not covered by the General Rule and/or tiro Special Rules does not file Schedule 0(Form 990,990•EZ,or 990•PF), but it must answer No'co Part IV,lies 2 of its Form 990,or check the box on nine H of its Form.990•EZ,cr on line 2 of its Form 990-PF,to certify that it does not moot the('ng requirements of Schedule 0(Form 990,990•EZ,or 900 FF). LHA For Privacy Act and Papanvork Reduction Act Notice,coo the instructions Schnr;ule ti(Form 000,000.5Z,nr 000•f F)(2000) for Forte 090,090-SZ,or 000-PF. e23451 m of-te 16 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION 1' LEO . . �Ichmu!qo(ro."p010,o�EZ.°mmPF)r2mT 1 "' I humoo(mVoob*ioo wm^/ LIBRARY SQUARE FOUNDATION FOR ARTS/ E"m|mm,Nom||km{kmuijaur CULTURE, AND SCIENCE 48—l%68355 P�rt} Contdbutom (Sw0|nato1C/knS) �� V� ------ | -- __wo. Name,address,find ZIP+4 AVorem m* »v !n»vxvnv ' Typo or c(d)ontribution — l ' -- -- --------- --- Person kU Payroll ED 000. mv/'u"ox 1 -1 (Cumplstv Part xno`em wxnoncushvnnmm/ncn,) (n} {W --------'-- —'------'No. Name,womo vuom,o onu�|p � (4 k4 . . . + Anomeomcom,mvUorn___'r »varvoo\,|bvOoo pcnvn | x po»,pU F—| 25 , 000. wono,d` [—1 . (CcmFW^Pa!l|/0mem mun:r:um cCmtrov:o .) No,_._ __ Name,oddrn, .and z/p+4 xnnmomu Typo,xc*nmj)uVu" | '-- ~ L|] Pail U it'me/» vn uo:nx:u�,, ":�z/p~� x � � /xo� —�--' -- --' ' ' —�—'_—_����2�� ' y--_'rype a!c:rnjrjj)vxnn pnv,m� F—1 600, 000_. no":,,x F,il'||VUc/, (� W W kV No. wone.uouress,and ZIP+^ Agg,vou/oronlriuy/ionn Type ofro"muuuen porsov U p^x'^» [-] wooca,!, (Co:pla�yF�v|}i[m"» N M o� �op~^o. ��na.n address, /ggr;u,mnoot,|umio^�_ Tvno0uontTillxi,n�� _— __ _______ _ _ Parson LJ | Payroll [_| w onna,» [_\ (Complote Part o:mnm oono^:og onilhuuU, ,) �nzo�m�o :um,|o/no(�/muno.00u-o.*/oou'Pq(x�o) l7 16290429 I0l I2 L EO 2009 . 05008 LIDD&DY SQUARE FOU0DATI0LN,7 F LE3 l — _ Schedu'e B(Form 990,990•EZ,or 990-PF)(2000) Pepe of of Part tt Hamm of organization Enrpioyer Identification number LIBRARY SQUARE FOUNDATION FOR ARTS, CULTURE, AND SCIENCE 48-1268355 1�txhta(. Noncash Property (see instructions) (a) from Description of noncash properly given f (or estimate) Date received Part I (see instructions) (a) No. (lr) FMV(or ostimato) (d) from Description of noncash property given Dale received (see instructions) Part l No. (b) FMV(or estimat©) (d) from Description of noncash property given Data received (see instructions) Part! No. (b) (d) FM'(or estimate) Date received Description of n011c05h property given (see Instructions) Part I �..--- — — — -- No. (u) (d) FMV(or estimate) Date receive:! from Description of noncash property given (see instructions) Part 1 -.— — -- — — — No. (b) FMV(or estimate) from Description of noncash property given (see Instructions) Data received Part I — j 404 Schedule 0(Form 990,990•EZ,or999•PF)(2909) o7a,c�oz•ot=rn 18 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO-_ 1 Sew,Wo 0{For'090,099.E2,or 000,99000) raoa W NameolorgeMuflun EmplopultiuMMallonninlm LIBRARY SQUARE FOUNDATION FOR ARTS, CULTURE, AND SCIENCE 48-1268355 pail ill: Exclusively Religious,charitable,etc.,Individual contribulions to sootIon 601(c)In(0),or(10)organizations aggregating more than$1,000 for the year.Complete columns(a)through(o)and the following line entry.For organizations completing Part III,enter the taint of exclusiveyrefigious,chadtable,etc.,contributions of $1,000 or less for the pear.(Entor this Information once.$oe Instruction sr) $ (a)No. from (b)Purpose of gift (a)Use of gift ((0 Description of how gift is held Peri I (e)Trn miter of gilt Transferee's nano,nildross.end ZIP-r 4 Relationship.9f transferor to transferee (a)No. froin Purporu of gifi lc)Use of gill (U)Description of how gill lo held (c) an fur cf Ti,r,for3Ws ortd7.1P+4 Relationship of transferor to transferee (a)No. from (I()Pianos,el Olt (o)Use oi (r.$Case:Untie,of how gift is hci(i __ILort I —— (o`,Trom.fer of r!Ill Tra09)ere9'0neme,athlross.on47IP+.1 Polotinnohip of Poor:for,toto,,,,f,:re, ... . _ . .from Porpono of gilt I Cr.)Urn of cif; (d)DescripIico Cl hove u in hold ._ . _ ..„__ I _ _ (o)Tronato,of Ott JrrIloj_f_olf nam_e,address,ond ZIP+4 RolotionohIp°I troo,sf_D:oo_ . . . _ ....... _. _ W 01-w SohotIA1.1 I;(Form Oa),930.EZ,tt 000.9F)(2003) 19 16290429 141412 LEO 2009.05000 LIBRARY SQUARE FOUNDATION F LEO 1 SCHEDULE C Political Campaign and Lobbying Activities °Ma No 1545•0047 (Form 990 or 990-EZ) 2009 ,. For Organizations Exempt From Income Tax Under section 601(c)end section 627 aepertrnentol the Treasury Complete If the organization Is described below. :'`-;.Qpeto:P i'l(o •• Interest novenae servtca - �: tlspeotio :'�� ' (�Attach to Form 000 • or t=orm 990-EZ. ►See separate instructions. if the organization answered"Yes,"to Form 990,Part IV,line 3,or Form 990-EZ,Part VI,line 46(Political Campaign Activities),then ■Section 50 I(c)(3)organizations:Complete Parts IA and B.Do not complete Part I.C. •Section 501(c)(other than section 501(c)(3))organizations:Complete Parts l•A and C below.Do not complete Part I'D. •Section 527 organizations:Complete Part I-A only. If the organization answered"Yes,"to Form 990,Part IV,line 4,or Form 990-EZ,Part VI,line 47(Lobbying Activities),then •Section 501(c)(3)organizations that have filed Form 5768(election under section 501(h)):Complete Part II-A.Do not complete Part Ii13. •Section 501(c)(3)organizations that have NOT filed Form 5768(election under section 501(h)):Complete Part Il•B.Do not complete Part V.A. 1f the organization answered"Yes,"to Form 990,Pert iV,line 5(Proxy Tax),then •Section 501(c)(4).(51,or(6)organizations:Complete Part III, Name of organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer Identification number- CULTURE, AND SCIENCE 48-1268355 Dirt PA] Complete If the organization is exempt under section 501(c)or is a section 527 organization. _ 1 Provide a description cf the organization's direct and Indirect political campaign activities in Part IV. 2 Poililcal expenditures .. . .. . . . . . .. . . .. . .... .. . . .. .. D' --•--•-•.._. 3 Volunteer hours - -- — (Part14B;1 Complete if the organization is exempt under section 501(c)(3). _,_ �•_ 1 Enter the amount of any excise tax Incurred by the organization under section 4055 ...... . . . . .. .®$ 2 Enter the amount of any excise tax Incurred by organization managers under section 4955 _. . . . ... ... S $ 3 !(the organization incurred a section 4955 tax,dirt It file Form 4720 for this year? . . Yes f 1 No 4a Was a correction made? L_J Yes El No b If'Yes,'describe In Part IV. Part F-C; Complete if the organization is exempt under section 501(c),except section 501(0)(3). 1 Enter the amount directly expended by the riling organization for section 527 exempt function activities $ — 2 Enter the amount of the filing organization's funds contributed to other organizations for section 527 Alatirk exempt function,activities . . . .. ... . ... .... . ....... ... .... ... ... �'$3 Total exempt function expenditures.Arid fines 1 and 2.Enter here and on Form i 120•POL, line 17i — - 4 4 Did the filing organization file Form 1120-POL for this year? . ... ... ... . .. ... . . . . .. .. I 1 Yes El No 5 Enter the names.addresses and employer identification number(EIN)of all section 527 political organizations to which payments were made. For each organization listed,enter the amount paid from the filing organization's funds.Also enter the amount of political contributions received that were promptly and directly delivered to a separate political organization,such es a separate segregated fund or a political action committee (PAC).If additional space Is needed,provide information in Part IV. (a)N_n•,r. (5)Address (c)EI!v (d)Amount paid from (o)Amount of political filing organization's contributions received and funds.If none,enter•0, Promptly and directly delivered to a separate political organization. If none,enter•0•. For Privacy Act and Paperwork Reduction Act Notice,see the Instructions for Form 990 or 900•EZ, Schedule C(Form 090 or 090-EZ)2009 LHA 432041 02-0A-10 20 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Schodulo0 Form 990 or 900•EZ)2009 CULTURE, AND SCIENCE 48-1268355 Pegs 2 i}�arl ii-A t Complete If the organization Is exempt under section 501(c)(3)and filed Form 5768 (election under section 501(h)). • A Chock. / Li If the flung organization belongs to on affiliated group. e Check P LI if the filing organlmllen checked box A and"limited control'provlstons gJlply_ Limits on Lobbying Expenditures (a)Filing (b)Aflhlaled group (The loon"oxpondituroo"moons amounts paid or Incurred.) crganitatiori s totals totals 1 a Total lobbying expenditure,to Influence public opinion(grass roots lobbying) _ .. ... _ b Total lobbying expenditures to Influence a le„islativo body(direct lobbying) c Total lobbying expenditures(add linos 1a and lb) d Olhor exempt purpose expenditures ..... _... o Total exempt purpose expenditures(add(stasis anti l d) -_-- r Lobbying nontexa0in-amount Enter the amount from the following table In both columns 11Iho amount on INS la,Wino(a)or(U)Is: The lobhytng nontaxable remind is: Not over$500,000 20^/<of the mown:on line la. Over$500.000 but not ovad61.000,000 $.100,000 plus 15%of the excess over$500,000. Over$1,000,000 bat not over$L$00.000 $175,000Eu s 10°'oof the excess over$1,000 pi 0 Over$1,500.000 but rot over$17,000,000 $225000 plus 5_of the excessover$1,500,000_ over. �$1.000.100. ' 11 Grassroots ronte:.eble emcunt(ender 2575 of hie 11) .. ... h Subtract line l g Dorn line la.If zero or lose,enter-F. _ i Subtract firm 11 Var.Ilnr,ic.11 z=:o cr less,e.'or-G ... l If thorn Is on enrount other than zero on either line ill orline 11,did lire organization file Form•1720 r.:ndro 4911 Par frUs toolC. l yes.--[-_1 No _-_ -- 5-Year Averaging Period Under Section 501(It) (Sonic orgcmtnatiions that made a vo0e11 501(h1 election r:o not have to complete nil of lira live columns holo;r.Sou the instructions for lines 2n through 21 on page 4.) Lobbying Cxp n llu^_c During 4-Yeor Avoraging Porled Calendar yeas (a) 2c07 (s)22(7 (d)20g9 (o)Total Or fiscal year beginning inl h Lobbying cl -.:atoor.t (i Y5c In .cclua rr `1 I _ e Grass toots cei t g mount .- It5nt<i.cl fn o e 1,rc+w t(a)) _. C(Fora,000 or 0C0.EZ)2050 r32o1r r,r.t. 2] ]6290429 141412 LEO 2009.05000 LIBRARY SQUARE FOUNDIATI0 t I' LEO _ 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Schedule c form 990 or 990•EZ)2009 CULTURE, AND Sc I ENC E 4 8-12 6 8 3 5 5 page 3 Pertdl�S: Complete if the organization is exempt under section 601(c)(3)and has NOT flied Form 6768 0004 (election under section 501(h)). _ -- -- - - _ - (e) (h) Yes I No Amount 1 During the year,did the filing organization attempt to influence foreign,national,state or . local legislation,including any attempt to Influence public opinion on a legislative matter or referendum,through the use of: a Volunteers? . . . ... . X b Paid staff or management(Include compensation In expenses reported on linos is through 11)7 . _— X • :_ c Media advertisements? .... . .. X d Mailings to members,legislators,or the public? „ . . . . _ --- e Publications,or published or broadcast statements? X —_'— — f Grants to other organizations for lobbying purposes? . , ---_... .. .. ........ . . . . . ... -- X __________ 0 Direct contact with legislators,their staffs,government officials,or a legislative body? ,. , . .- ... X —__,_.. h Rallies,demonstrations,seminars,conventions,speeches,lectures,or any similar means? _ X I Other activities?Ii'Yes,'describe in Part IV ... .. X j Total.Add lines lc through 11 .... . 2a Did the activities in line 1 cause the organization to be not described In section 501(c)(3)? b If'Yes,'enter the amount of any tax Incurred under seotlon 4012 . . . . • ----- — c If"(as,'enter the amount of any tax incurred by organization menagore under section 4912 . .. � - __.. d if the filing orcrcnization Incurred a section 4912 tax,did it file Form 4720 for this year? ... eei:` [Part lii-Al Complete if the organization is exempt under section 501(c)(4), section 501(0)(5), or section __ _ 501(c)(6)• _.._ _� -'-- — -'-- -Yes No 1 Were substantially all(g0%or more)dues received nondeductible by members? . . . . . . ... ... .. . . . . . . - 2 Did the organization make only lrnceuso lobbying expenditures of$2,000 or less? ... (,2 V_ —_ 3 Did the organization agree to conveyor lobbying and political expenditures from the prior veer? . . . ... . . . 2. . ` LPt rt.LE!;4BJ Complete if the organization is exempt under section 501(0(4),section 501(c)(5),or section 501(0)(G)if BOTH Part ill-A,linos 1 and 2 are answered "No"OR if Part lit-A,line 3 Is answered "Yes. -- _ - ----- -----___-._. 1 Dues,assessments end similar amounts from members .... .... ..... . .. .... .. .. . . . .. .. . . 1 .---- 2 Section 162(o)nondeductible lobbying end political expenditures(do not Include amounts of political expenses for which the section 027(0 tax was paid). • 2e a Current year . 2b -- ''—'— b Carryoverfren Ica!year . ... . . . -" 2c cTotal . . . . . .. .. .. . .. .. .. . ... ... .. . . ... _ 3 Aggregate amount reported In section 0033(e)(1)(A)notices of nondeductible section 162(e)dues . . . . 3 4 li notices were sent and the amount on line 2c exceeds the amount on line 3,what portion of the excess class the organization agree to carryover to the reasonable estimate of nondeductible lobbying and political 4 expenditure next year? . . . . . .. .. 4 .._ _- 5 Taxable amount of lobbying and political expenditures(see instructions) -- - - - - --- - - -- - - - - -- 5 Partti' .jTSu plon1ental Information _ _ _ _ -_ -- - Complete this part to provide the descriptions required for Part I A,line 1;Peri 1^13,line 4;Pad I'C,line 5;and Parl II•B,line 1i,Also,complete this part for any additional Information. -- ��TScEsdulo C(Form 000 or 990-EZ)2000 902043 02-04.10 22 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 Schedule D Supplemental Financial Statements 0"10N 1eec-Coll (Form 090) ►Complete If the organization ensworod"Yes,"to Form 000, 2009 Pert IV,line 0,7,0,9,10,it,orl2. croon neatama Treasury OPan Co Pyhlln A.Attach to Form 900.11.see separate instructions. -::,(tspeoifoh..Io Name of the organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employeridenttflcetton number CULTURE, AND SCIENCE 45-1268355 lPaiti I Organizations Maintaining Donor Advisod Funds or Other Similar Funds or Accounts.Complete If me organization ans'wered'Yos'to Form 990,Part IV,line 6. (el Corer advised fund„_ 1 (b)Fonds and other accounts 1 Total number at end of year. ---- 2 Aggregate contribuliona to(during year) 7 Aggrogale grants from(durIng year) 4 Aggregate voles at end cf year ... ., Did the organization Inform all donors and donor advisors In writing that the as ate hold In donor advised tennis r ore the organizellon's properly,subject to tin ergrniz_feo s onclusive legal control?. .,_ . _ l Yes [7.1 No o Did the organization inborn el!granleca,danom,end donor advisors In wrh'ing that gran!funds can he used only for charitable purposed and nod for the benefit of the donor cr donor odvtsor,or for airy other Poi p use con`.ordnn Impeni sslhle private Ponafit? .... _... .. .... - _...... .... Li Yes Ion 1 No [Part IL..LConsorvation Easements.Complete if the organization answered'Yes'to Form 090,Part IV,hoe 7. t f urpose(c!of conservation oaae monis held by the orgorrizn;lon(check ell that apply). Preservation et lord for puL^tic uea(ap.,rnoroal!on cr Iclrnsure; L J Pmscrval!en of on Idslodsall•?tmpcl;oot Lod era: 1 Fr:tealion of return!Sahot Li Preservation of a certilled hlstor;o struoturo [J Preservation of open space 2 Complete.Loon.e 1.1rou5h Ooli Um cry-aniea,:t had e r IPed ca lor eon .,Loon In tis fcr:n of a scrotorvnt ensoihDoloatha Inn! day c rot rY IIalial Ns ethos lax Yr Tofu!r,,:i r cl cooneozoli on ensamonto _. Total A retf,e rDoltIDIDdl c:no 1 e$t 2b I P,, etc r.r...,l�o r. .o..r to cr :•c.l•ir _.r.:o l-. :,is ir.'r20 c' I'..r'bor o'rcn_cr.e'on ei > (o)crotoirant off,11,17]CS . . ?atorbrrcf non-o..11crr :r._...rroolifOrt.transfaaori.r,._. __l '7';' torrnlirolori Ly Ills cr;rn. Ilcr c.t,ng toe 1 , 4 lotiallorr of elates on here I r _ sul.;t- l:cons:porton anion:::::]I. - :c*.1)> _. f st ehe rn, r ,..00 h: ..ti. ,_,(ri r .. LI I ains ..r,i-., 01 ;c• eloini,roo„Lind n0lcroomoet of the car - :;" I �ion L_.i r, SInIf EV!. h'.01.1rs to mcnirorrg Interacting,ands c:rirg coot:or:Mich essomento d:. .2 the ye:'P 1,vie r.el ,'n:nn incorrect in:nu nit ps:di:iy and enforcing ocitnello,D0Do e_vmmentz cling tiin your C Don:each cononroollon .Demo ,r.y_r.rd cr l-r,2Olt elfove soliofy the reoeirenrontoc.nclic 170(11)Plt)S)) aort section 1700 1)(4)i3)Ul" .... .. . .. l._.1 hr Pad XIV,deuoribo lot:the cr nnina]or,rep-its conse:valton eac n;onrc to Its raven.-o rod rnnneco stnren:ent.and ha!0nce sheet,car! ,,cuts,if moorli3Ole,the test the fool,..,to Itto erg :sfr: el:Oensots that,cooribeo too cr0airlonhoolo coo_r'rl,101(r ,wanton c,renronotc. !Part)i1 J Organizations Maintaining Collections of Art,HIstorical Treasures,or Other Similar Assets. Conrpintu If the orgsnlz^lloit r,::cored'Yes'to Form 000,I'art IV,l:ne 0. ^a It Poe orgoolonlInn ri.cterl,zo nun r_.o:!under t0 1-16,nor to reno:in Os renfootho ntatmacold lozinnco.shoat\ ,r:,c. Ires_iron,or oilier Srn,a a___•.held Int publin exhibitor ec,catIon or re_zn:olt 1.fr y vs.%,cr c p...c soy o..V„:.^n,in Pod X'V.?Ito tsof the loelnolr In OD IYnoncid_rnterlrYts R:.at doecd:Des Porte items. b If the ca _o.nn(!acted,as potrnilled under 5,/S 116,to roper In Los ro•renuo elalaman!tort boienco shoot works of aft,Fa:_r:ont t•e.a�.lr,,_, or eth^_rs'rall cocci:hood for rsblls rxhibillcn,a;lucaCrn,er ranear'h in furlhernnce of pub']?rope::,provide Iha lnidn:ing am.ounia relation 10 there hares: (I) Pe':onion inchucecl In Form 000,Pout'Vitt.lane 1 '` ('if d'sets inoleded In Fenn 900,Port X t' $ 0 If I itn orgoorrfolion roc:oleo)or hold t o rate,hint;;col t .....cs or choor stittl'ar C:ne.:for i,'offal gaIn,or000d.. fal'.o,.'Inc ara:'.:nLO re:vim-DI Ie ho reported under SPAS(10 hoisting to tiler..>_iron's: Fl_:nac n ine!t:ded In Form 00D,Part Vfll,into I tre %_____.-.__ Faun 79.r00,Part � I I10. For Privacy Act and Papen:nrk neduation Act Nolica,see the hutruotion:for Form 990. Schedule D(Form 9901 200D 2.3 16290,129 I!)!_12 LEO 2009.05000 LTDRARY SQUARE? FOUNDATION 1 LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Schedule D(Form 990)2009 CULTURE, AND SCIENCE 46-1268355 Page 2 riNt11 i`1 Organizations Maintaining Collections of Art, Historical Treasures,or Other Similar Assets(continued) 3 Using the organization's acquisition,acaeselon,end other records,check any of the following that are a significant use of Its collection items (check all that apply): a LI Public exhibition d [__-I Loan or exchange programs b [-ii Scholarly research e [ill Other _-- _ c I ]Preservation for future generations 4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part XIV. 5 During the year.did the organization eoUcit or receive donations of art,historical treasures,or other similar assets _ to be sold to raise funds rather then to he maintained as part of the organization's collection? .. . . . . ._. . . .. _ L.Yes 1 No LPar€,U1VJ Escrow and Custodial Arrangements.Complete if organization answered'Yes"to Form 990,Part IV,line 9,or reported en amount on Form 900,Part X,line 21. —_— _ — i a is the organization an agent,trustee,Custodian or other intermediary for contributions or other assets not included on Form 990.Part X7 . . . . . . . . Yes I I No b 1f'Yes,'explain tire acar.gernent In Part XIV and complete the following table: _- Amount c Beginning balance . . .. .... . .... ... . .. ... . . .. Il --- (1 Additions during the yore. .. .. . .. . . . .. ..... ... . . . .. . .. . .. . . . . . ____ o Distributions during the year f Ending balance . .. . ... .. ... . . ... ... . . .. .. .... .. :. . .. . .... ... ... ... .. 2a Did the organization,include an amount on Fcrm 990,Part X,line 21? ., I ! yes I I No b If'Yes,'explain the arrangeptent In Part XIV. 1 Part V.."'LEndowment Funds.Complete If the organization answered"Yes"to Form 000,Part IV,line 10. —_ �� — _(a)Curren3yoar (h}Filar year _(c wo years back ._(�Z Throe pars.back _Je)Four years;baok__ 1 a Beginning el yeee bo'enc. . . . . b Contributions . . . .. . t --__ c Net investment ecrn:r;s,0.ains,and losseu d Grants or schc'arshlr- —_---- --I o Other expenditures;es fc.I.Plc:lidos IMrh and programs .. . . .. . . — —— — f Administrative£-:;parse _ g En:of year belencc [__—.______ Provide the est:f-r. pe:cc ',tLe cf the year end balance held es: o Board designs led or qunci- ndov.rr.ont r` c', b Permanent ereloam-att it 'S c Term endowment E> 95 3o Are them endowment funds not in the possession of the orgnnlzatlon that are held and admInlstered fat the organizaticn [-Yee i No (i) unrelated or cni uet1ons . . . . .. 3a(li:-----. .-- ._ (ii) related orgenizoli ne ... ... .. 3 ii)i b if"Yes'to 3;,(il),are iho related cr;anizaticno iletod es required on Schedule Pi? . . . 3? ' 4 Describe in Part XiV the Intended uses of the crceanizatlon's enda.'ment funds. [Nt`t;VI= investments - Land, Buildings,and Equipment.See Form 990,Part X.line 10. _--__--- Descrlptten of Investment (a)Cost orother lb}Cost or other (G)Accumulated (d)Book value basis(Investment) bests(other) dnpreclarcn le (.end ... . . . . .. . .. ... . . . ---------_-- ----------- _ . .. -- b Buildings ._. . ..... ... . . — -- — — c Leesehcic•.inn,:rovemen;s — 75,220 . 15r1 , r197 •I <79, 277 ,> d Equipment .. .... . . ... T_—._ 34, 713. _ 3 , 7 a 3 . a Other _ . . 95, 4 E3 0. --_—_ _ _i _ = . a r 4 8 a . Total.Acid lines la thro';nh It)must ogee/Fenr 990.Pert X.column(S),line I0(c).) 1 50, 916 . Schedule D(Form 0090)2009 e:12052 62-et•IC 24 16290429 141412 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Schedule D(Form 900)2009 CULTURE, AND SCIENCE 48-1268355 Pags3 EPrrrt-VIII Investments-Other Securities.see Form 900.Port X,line 12. _—_ (e)Description of security or cafogary (b)Dock value (a)Method of valuatlon: (including name of seca011Y) Cost or endtofyear market value ___ __--__—._.__ _ —___ ____._ Financial derivatives Closoipha!d equity interests -_, __, Other Total.(Cal(h)nmsl aqua)Free 990,Part X.Col(911Ine 12.)10. - [Pa rt'.YIII!investments-ProErem Related.Soo Fora,000.Part X,Ilna 13. (a)Dercr,plicn of Investment typo (b)Soot value (c)Method of votoaticn: Coat or endtofyear market voluo Talal lbel 1 lent coral Farm 9 9 Pint X ccl(W Plat 1_t> -- [Part.IX Other Ascots Son Form 990 Part X,lino 15. (0)Descfya!en (b)Bock value -- EXHIBITS IN PROGRESS 1,166 65S T t (rc u(6)117,'o.rrn,Fro,:OD°Port X. /(Fil Ira1 1 1,166,654. [Port X]_Other yabi Mies.See Forte 990 Pod X line 25. (n)Da crl mile r of I ll tl., (1)Amount Fti Ilncome taxes • • • • • Total.rC I T,r l r rr .e ,of Fo 092 Pet t colit2,1frIro1 t° 2.FIN 43 Footnote In Pent XIV,provide the tent of II a fools o,to the clotIzal1 Jr.s lirnrrinl slat omente hot reports the orone:_n.rc r s lotus to' uncertain t7 :o9kionaundar FIN 49. 0,0:,2 Schedule D(Form 090)2005 pt.e, 25 16290429 141412 LEO 2009.05000 LIBRARY SQUARE FOUNDATION F L,E,O - -_ LIBRARY SQUARE FOUNDATION FOR ARTS, Schedule 0 Form 990)2009 CULTURE, AND SCIENCE 4 8-12 6 8 3 5 5 Page 4 PiffOr I Reconciliation of Change in Net Assets from Form 990 to Audited Financial Statements 1 Total revenue(Form 990,Part VIII,column(A),line 12) .. . . . . .... .. ...... .. . 1 _ 1, 2 5 4,6 5 8. 2 Total expenses(Form 990,Pert IX,column(A),tine 25) , .. - 2 1, 512,413. 3 Excess or(deficit)for the year.Subtract line 2 from line 1 . •. .. 3 <2 5 7,75 5 .> 4 Net unrealized gains(losses)on Investments 4__ 5 Donated services and use of facilities .. . . . . . ... . . . 6 investment expenses . . . .. . .. .. .. . .. ...... ... ... 6 7 Prior period adjustments 7 ... . . ... ............. ........... .. .... . . . _ ..._ __ 0 Other(Describe in Part XIV.) ... . .. . a 546,900. 0 Total adjustments(net).Add Imes 4 through 8. . •...•. 9 5 4 6,9 0 0 . 10 Excess or(deficit)for the year par audited financial statements.Combine lines 3 and 0 .....-..... 10 289, 145. Part-'XIIJ Reconciliation of Revenue per Audited Financial Statements With Revenue per Return 1 Total revenue,gains,and other support per audited financial statements - ... .... . 1 1, 2 6 7,4 6 6. 2 Amounts included on line 1 but not on Form 990,Part VIII,lino 12: a Mel unrealized gains on Investments . .. . ... . ... .. . . ... . . . _2fl,_ b Donated services and use of facilities ,., . . 2b 12,80 8. . e Recoveries of prior year gran ts . .. d Other(Describe in Part XIV.) .... . .. ... . . . .. 2d _ o Acid lines 2e through 2d 2e �2, 808. 3 Subtract line 2a from line 1 .. 3 1,2 54[.6 5 8. 4 Amounts Included cn Form 990,Part Viii,line 12,but not on line 1: a Investment expenses not Included on Form 990,Part VIiI,lino 7b - . .. 4a b Other(Describe In Port XIV.) . . • 4b c Acid lines 4a and 4b .... . .. . .. .. . . ... . . . . .. . -- -__..._.____ 4c 0. 6 Total revenue.Add lanes 3 and 4c.(ThIs must equal Form 990,Part 1,lino 12.) .- 5 1,254,650 . Part Xlf1]_Reconciliation of Expenses per Audited Financial Statements With Expenses per Return 1 Total expenses and losses per audited financial statements 1 1 r 5?5 r 221 • 2 Amounts included on line 1 but not on Form 900,Part IX,line 25: 410164), a Donated services and use of tacfltie3 . . .. . . . . .. . . .. . . .. 12 ,8 0 8 . : tz Prier year adjustments . . . . . . . . 21) c Other losses - 2^ d Other(Describe In Part Xlv.) .. . . . .. . ... . ......... . .. .. . . ... . 2d 1 c Add lines 2a through 2d . . ——12,808. 3 Subtract line 2e from lino 1 . . `3 1,5 7.2, 4 7.3_- <i Amounts included on Form 000,Pail IX,lino 25,but not cn lino 1: a investment expenses not Included cn Form 990,Part VIII,lino 7b . . 4a-b Other(Describe In Part XiV.) . . . . . .. .. . . . . . . . 41) — c Add Imes 4a and 4b . .. .. . . .. . . . .. .. . . . 40-- -- 1 -3 5 Total expenses.Add linos 3 and 4a,{T7tis must equal Forst 990,Psr:I,line 18.) ... ... . . . . . - u -, Part XIII Supplemental information ---------...-.------ Complete this pelt to provide the descriptions required for Part II,lines 3,5,and 9;Part iII,lines la and 4;Part IV,lines lb and 2b;Part V,line 4;Part X,line 2;Part XI,line 8;Part XII,lines al and 4b;and Pert XIII,lines 2d and 4b.Also complete this part to provide any additional Information. PART ICI, LINE 8 -- OTHER ADJUSTMENTS: __--_ - .� .._ ..__ �- MERGER OF UTAH SCIENCE CENTER:546900. _ --_-,--_--- ------._r_._- --- — --- — Schedule D(Form 000)2000 032054 C2.01.10 26 16290429 141612 LEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO ___1 • SCHEDULED Supplemental Information Regarding NME Na ISASOW, (Form 990 or090-EZ) Fundraising or Gaming Activities 2009 ►Complete If tho organization answered"Yos"to Ferro 990,Purl IV,lines 17,10,or 19, n"no„m„nr of nrm,y or II the orgenizetion entored moro then$10,000 on Form990-EZ lina Ca. Open.Try,Publtc ►Attach to Font 90 or Form 900-EZ,►Soo separate Instructions. lnspoeiion..: Neale of the organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer Identification number CULTURE, AND SCI)NCE 48-1268355 ,Part fi Fundraising Activities.Complete If the organization ansvlored'Yen to Form 090,Part IV,line 17.Form 920-EZ blare ore not 1---- renuirod to complete this pad. 1 Indicate whether the orgnnizatlon raised funds through any eltoo following activities.Check all that apply a l Nall solicitations a n Sanitation of non-government grants h [X3 Internet and email solicitations f©Sclicltetlon of government grants Phone solicitations g Cl Spocinl fundraising events d [I In-person colic:lations 2 n Did the organization l.•ava n written or ore!egroanent with any Individual inchiding officers,directors,tnistano Cr key employees listed In Form 090,Part VII)cr entity in connection with profceslonat fundraising roNIc e3' Dill Yes b If'Yes.'Ent the tan hlghoot raid Individuois cr rntrl:oo(fundrelsore)pursuant to agree.men!s under wh!_h Pro fundraiser in to he compensated at leant$5,000 by tan organization. _--_-_--[)Nsms n!ind?Adunl Sill Did (v)Amount paid vi frncunt mn;raiw. (Iv)Gross reco;.L to(or,,,lamed by) ( 1 paid fll)Activity ua.o n,"i�.a to(or ratainedb or entity(lundralserl ,,,a"Y Ircro activity fundraiser cr;nrizaPc y) ` listed In eci.h) _Yes No SE STRATEGIES CONSULTING X <9,000.> JAYCDt N CRAVEN rRA]- ----- CONSULTING, INC. k:ONSUL17.NC X 0. E,000.! <0,000.t l Tats; _ 1r,0or�, I 9 t r'-. �I e r the orgenizat o.Is ginterrcI or licensed to solicit find,or Its:,Coe.;natilierl it is czoinst from r_.sl cr(sensing. • I_H 1 For Pilesoy Ant errd Pepenvork Seduction Act.Notice,one the Instructions for Donn 000 or 000-EZ. Seh ninin 0(Prier 090 et 290 22)2009 DnF',I ep ey,-I] 27 16290)29 14141.2 1,g0 2009.05000 LIBRARY SQUARE FOUNDATION F Lid LIBRARY SQUARE FOUNDATION FOR ARTS, Schedyle G(Form 990 or 990•EZ)2009 CULTURE, AND SCIENCE 4 8--126 8 3 5 5 Page ILNittl 1 Fundraising Events.Complete If the organization answered"Yes"to Form 990,Part IV,tine 18,or reported more than$15,000 ' Illiiik on Form 990.EZ,line 8a.List events with gross receipts greater than$5,000. w{a ' (a)Event III (b)Event ft2 (o)Other events (d)Total events (add col.(a)through col.(c)) 0 (event type) (event type) (total number) a a Gross receipts... - _____ _ __- ----- . 2 Less:Charitable contributions . _ . __. --_.___ --- ------ --- 3 Gross Income(Ine 1 minus line 21 - ___. _____-____ __ 4 Cash prizes ,•• .. •, .. . . . . .... . _ -___ .- . 5 Noncash prizes , . .. .... . ----- ------ N C Q a 0 Rentyfacllily costs __T-_ _. _--_._— -.__ __ CO 7 Food raid beverages o . -__---.- --- --- ---- © Entertainment .. .. . . - -._ -._-- -_-- 9 Other directexpensc: .. . . .. . .. . .. ... -_..___ ----- I10 Direct expense summary.Add lines 4 through 9 In column(d) 0- L ---}- ill 1 Net income sununarv.Combine line;column(d),and line 10 .... ... .. .. . ... . ....... .. .-. . I 1 PartlEi J Gaming.Complete if the organization answered"Yes'to Form 990,Part IV,line 19,or reported more than $15,000 cn Form 990•02,line 6a. ___ . - - (It)Pull labs/instant (d)Teta!gaming(add ,Alllk u•, (a)E!noc r (c)Other gaming col.(a)through col.(c}) c --- L'fflgO,nfGgr9SSf:8hli10C --- -._..- __-_.._.___._.-.__._ m m Cr- 1 Gross revenue_ -----_--_--- -- - - o r Cash prizes -- - --- - - 41 e, 3 Noncash price., • .. .. • L_ --._..._._ ••- ui i 2 4 Bent/facility costs . ., ;- -- -- - o �I o Other dire-zt r.,,.�nsrs .. --- --- ---- _� . ---- ��������Yes °5 [117 l Yes °S ! Yes ._ n C Volunteer Intccr . . . . {�_}No El Na -� NO- .. .. - 7 Direct excens summary.Add!!nos 2 through 5 fr,column(d) . . . .. _�_. __ -_. --)- ... .. .... .. . . ... . . . _ P Net nan;!n^,incur; n rnt ;v.Combine line i.column(d�,and line 7 Yes No No 0 Enter the slate(s)In....Mich the crc,ianization operates gaming activities: - a Is the organization licensed to cpetate griming activities in each of these stales? . . • . . . . 9a b If'No,'explain: 10a Were any of the o ganiztrilon s gaming licenses revoked,suspended or terminated during the tax year? . . b I("Yes,`explain . lit 11 Does the organization operate gaming activities with nonmembers? -T 12 Is the organization a grantor,benelicialy or trustee of a trust or a member of a partnership or other entity formed to 1' administer charitable aaminn? . . . .. -` .. . . .. . Schedule G(Form 000 or 000•EZ)2000 l?lZOE? o.'.OJ•1;; 28 16290429 141412 OLEO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Schodube G(Form$93 or 990EYI 2009 CULTURE, AND SCIENCE 48-1268355 Pagel Yes No 13 Indicate the percentage of gamin;;activity operated in: gi a The organizatton's facility .. . . . . 13e b An outside facility .. ..... .. ... ... .... .. _ .. 136 I 96 , 14 Enter the nemo end address of the person who prepares(ha organization's gaming/special events books and records: Name P Address► 15a Does the organization boos e conlrnct oIIL a third party from whom the organization receives gaming revenue? _ _, _. lie b If'Yes,'enter the amount of gaming revenue received by the erganfz5Con P$ end the amonnl of gaming relerne retained by too Third party P$ c It'Yes,'enter name and address of the Ihirl party: Nor.E> Address P. 10 limning manager irk-rune8on: Name " caning I1''rrng5r cnnlpen:a!'en ff, Doscr p'.Ion of cervical provided L_ Cite ('„.;; I__.16n•pfc;or i. I IF:depe G.,nt ccnl nn'cr 17 ttaadnIcry clsidbullorls: o Is the organizallen required ceder slate law to rcnke chafileblo dlcl,ihuGens from 11•:a gaming prrceedn In ref oh I'm state garnng licen- . 17, b Fnion Ilc1. c 1 djstributnnns rechfhod o'11 stn.:0 in hadisbh_Icc to e111 1 ex,rnpl on.nnfrL-'- (--- -- nza'Icn c : _.f r,nfivif,on_h I-.Invo. ) , I Sohschtte G(Form Sg0 or 990-E1)2009 29 16290429 141412 LEO 2009.05000 LIBRARY SQUARE FOUNDATION F LEO_ 1 SCHEDULEJ Compensation Information oMUNo t5a5.eee7 _— (Form 990) For certain Officers,Directors,Trustees,Key Employees,and Highest 2009 Compensated Employees �j I► Complete if the organization answered"Yes"to Form 990, dpertaa,Piihlla' Qoparlmenr of the treasury Part IV,line 23. • Intomat Revenue Samos ►Attach to Form 090. 110-See separate Instructions. fnspagtfon'-`.'=; Name of the organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer Identification number CULTURE, AND SCIENCE 48-1268355 Patt J..Questfons Regarding Compensation Yes_ I No la Check the appropriate box(es)if the organization provided any of the following to or for a person feted In Form 090, • iii • • Part VII,Section A,line la.Complete Part Ill to provide any relevant information regarding these Items. I I First-ctass cr charter travel I—1 Housing allowance or residence for personal use • r—1 Travel for companions fi Payments for business use of personal residence L_1 Tax Indemnification and gross•up payments I I Health or social club dues or Initiation fees Li Discretionary spending account I I Personal services(e.g.,maid,chauffeur,chef) le If any of the boxes on line la are checked,did the organization follow a written policy regarding payment or reimbursement or provision of all of the expenses described above?If'No,'complete Part III to explain.. . . . . 1 h 2 Did the organization require substantiation prior to reimbursing or allowing expenses incurred by art officers,directors. trustees,end the CEO/Executive Director,regarding the Items checked In line la? 3 indicate which,If any,of the following the organization uses to establish the compensation of the organiraticn's CEO/0xecutive Director.Check all that apply, I X I Compensation committee XI Written employment contract . fl independent compensation consultant I_.I Compensation survey or study L J Form 090 cc other organizations [XJ Approval b/the hoard or compensation committee 4 Curing the year,did any person tolod in Form 900,Pet 1,li,Se;tion A,line in,with respect to the icing organization or a related organization: 40101*, a Receive a severance payment cr change-et•centroi payment? .. . . .. .. ........ . . . du _. X _ b Participate in,or receive payment from,a auppiementni nonq:nli ad ret;'erneat plan? 4b c Participate in,or receive payment from,an©qu`t• d compensation arrangement? . . .. .... de I.—1 X_. If"Yes'to any of lines-de. ,list the persona and provide the applicable amounts for each item in Port lit. t Only section 591(c)(3)end 601(c)(4)organizations crust complete lines 5-9, 5 For persons listed In Farm 000,Part VII,Section A,line 1 a,did the organization pay or accrue any compensation !. contingent on the revenues of: a The organization? . . ea X -a b Any related organization? . . , .. . . ... 5b X If"Yes'to line 5e cr Pb,describe In For IS. wrmm G For persons listed In Form 990,Fart VIt,Sect on A.line ire,did The orgariz;tton prey cr accrue coy comp:creattion �^ contingent on the net earnings of: a The organization? .. . . . . . .. . Ga X I X b Any related organization? .. . . . . . . .. . . . .. . . . Gh ^ .� It'Yes'to line La or Oh.describe in Part Ili. 7 For persons listed in Form 900,Part VII,Section A,line in,did the organization provide any non•fixcd payments .. . . . not described in lines 5 and G?If'Yes,'describe In Part HI ..... .. . ....... .. . ....... . .. . . . ..lk -_...-- .-._—. 0 any reported In Form 990,Port VII,paid or accrued pursuant to a contract that was subject tofirs A Woreamounts3 initial contract exception described In Rego,section 53,4953.4(n)(3)?If"Yes,"describe In Part iII .. 9 If'Yes'to line S,did the organization also follow the rebuttable presumption procedure described i; Re'onlatiens section 53.495'J•u(cl? .... . . . . . . .. ... . . . . . . . .. . • . .. . . 9 f-tare For Privacy Act end Pepervrcrk ReductionAct Notice,see the instructions for Form NO, Schedule d(Form 990)2009 ( > 911111 c2 n2.11, 30 16290429 141412 L1SO 2009 .05000 LIBRARY SQUARE FOUNDATION F LEO__- 1 LIBRARY SQUARE FOUODATICE FOR Sehedule J(Form 900)2009 CULTURE, AND SCIENCE 48-1268335 Paoe 2 bar-nil l Officers,Directors,Truote.,,,Key employees,and Highest Compensated Errinloyea,II'Cohn:Ohl,01,additional source is needed. For nach ingly.gual v,huoc snrmaonnt,dton man:ne,r,,,ed:n Ftnnedukt tt,ten,t1 nrttnta,,,,tton f,nnt tt.,affpn,aation on tnntt,5 and from fylat,sd organ tat oils,dFocribed in the instructions.cm row 35. Etio not tat any indlviduala that ore not toted on Forth 990.Pop' Not,Tita att,a nr cnlni-atla t9YR-iiii;nator canal tn,,,appitnatfe column tD)nr antLarn FL)arnettnt,tt,,-,Inn,nO,Part Vil. _ : (B)Etreattdotttn of 35-2 antafor 102.5t-t,Innt narnp,naatton I (C) (D) 1E) (9 Retirement and Nonta,olble Total of columns Compen.tion , ()a.,..;a 1.i)3,1.3 il 6i401h, ! c.V1.2r defermad tignef-,ts (8)f.iilt(D) reported in prior (A)t:trtag corrpenoanon incentive reportable l ' . cannoeno.stion Form 990 or nampenoatbn ran-Igo:nation .• I Forrn geo-a p! , ! ol ! 1---- I --;-- 1 II1Q I F IS! 1 • jcil-) r W . i , 1 h-----'—' __ , I ' no _.(15)j I — HI . • I i q t i t t '•a t , .___ ---- —-----;•(' ----- 'CiLt I , t iCtt)t , , In, , t 1 fi)1 , I S. — ,_ i a I I ------ ... 1 fir ! 1 i(JO• , _. ___ 1 S , ' i . I ,rfi); i _ Schedule J(Farm 990)2009 31 '1,2117:Cr2 2,•0 801 359-0332 May 13 , 2010 Library Square Foundation For Arts, Culture, and Science • 120 S Main Salt Lake City, UT 84101 Library Square Foundation For Arts, Culture, and Science: Enclosed are the original and one copy of the 2008 Exempt Organization return, as follows . . . 2008 FORM 990 Each original should be dated, signed and filed in accordance • with the filing instructions. The copy should he retained for your files . Very truly yours , Arthur and Associates LLC Filing Instructions Prepared for: Prepared by: LIBRARY SQUARE FOUNDATION FOR ARTS, CULTURE, AND SCIENCE ARTHUR AND ASSOCIATES LLC 120 S MAIN 175 S WEST TEMPLE STE 30 SALT LAKE CITY, UT 84101 SALT LAKE CITY, UT 84101 2008 EXTENSION OF TIME TO FILE FORM 990 Please sign and mail Form 8868 on or before February 16, 2010 . Form 8868 extends the filing date of the return to May 17, 2010 . Mail to - Department of the Treasury Internal Revenue Service Center Ogden, UT 84201-0012 t pap [xcF C4-25-CG 1 OMB No.1545-c047 Return of Organization Exempt From Income Tax Form 990 Under section 501(c),527,or 4947(a)(1)of the Internal Revenue Code(except black lung 2008 benefit trust or private foundation) Open to Putslic' ' Department of the Traes�ry Internal Revenue Service II' The organization may have to use a copy of this return to satisfy state reporting requ.rements. - nspeetton A For the 2006 calendar year,or tax year beginning JUL 1, 2008 and ending JUN 30 , 2 0 0 9 B Check It C Name of organization D Employer Identification number applicable: Please usessLIBRARY SQUARE FOUNDATION FOR ARTS, changes primlabel.CULTURE, AND SCIENCE change print or 1cn nge type' Doing Business As 4 8—12 6 8 3 5 5 tia (returninil Sos Number and street(or P.O.box if mail is not delivered to street address) Room/suite E Telephone number (Term.- Specttic 120 S MAIN 801-531-9800 aHon Inslru. Am tons. G Gross receipts$ 2 ,477, 397 . (returnended City or town,state or country,and ZIP+4 �AppO�- SALT LAKE CITY, UT 84101 H(a)Is this a group return tlon pondlrg F Name and address of principal officer:PETER B GILES for affiliates'? I Yes I X No 120 S MAIN STREET, SALT LAKE CITY, UT 84101 H(b)Are all affiliates included?I IYes I INo I Tax-exempt status:ICI 501(c)(3 )41 (insert no.) LJ 4947(a)(1)or I—I 527 If"No,'attach a list.(see instructions) J Website:` WWW•THELEONARDO.ORG H(c)Group exemption number 1P K Type of organization: I X I Corporation I I Trust I I Association I I Other® L Year of formation: 2002 M State of legal domicile:UT Part I Summary el., 1 Briefly describe the organization's mission or most significant activities: PROMOTE PUBLIC EDUCATION AND c INVOLVEMENT IN SCIENCE, TECHNOLOGY AND ART. E 2 Check this box I If the organization discontinued its operations or disposed of more than 25%of its assets. 0 3 Number of voting members of the governing body(Part VI,line 1 a) 3 15 o 4 Number of independent voting members of the governing body(Part VI,line 1 b) 4 15 u; 5 Total number of employees(Part V,line 2a) .e . .... 6 2 5 5 5 �� 6 Total number of volunteers(estimate if necessary) . . .. .. C7a Total cross unre ated business revenue from Part V111,fine 12,column(0) 7a 0 b Net unrelated business taxable income from Fcrm 990-T,line 34 7b 0 Prior Year Current Year o 8 Contributions and grants(Part VIII,line 1 h) . ,.,. .. . .. ... ...... 1, 573 ,743. 814, 3 3 G.4"*' y 9 Program service revenue(Part VIII,line 2g) 3 , 403. 1 , 6 5 5, 0 4 b.... . o 10 Investment income(Part VIII,column(A),lines 3,4,and 7d) 23 , 767. <3, 554 .> 11 Other revenue(Part ViIl,column(A),lines 5,6d,Sc,9c,1 Cc,and 11 e) <3 9 9.> 12 Total revenue-add lines 8 through 11(must equal Part VIII,column(A),hoe 12) 1, 600 , 514. 2 ,465, 829 . 13 Grants and similar amounts paid(Part IX,column(A),lines 1-3) ... . . . . .. .... 14 e eneflts paid to or for members(Part IX,column(A),line 4) _.. . ........... .. . 15 Salaries,other compensation,employee benefits(Part IX,column(A),linos 5-10) .. ..... 316 , 872. 242 , 310 . 16a Professional fundraising fees(Part IX,co'umn(A),line 11 e) 92,730 . 42,535 . c b Total fundraising expenses(Part IX,column(D),line 25) p 135 , 635. 17 Other exp uses(Part IX,column(A),lines 11 a-11 d,11 f-24f) 1, 246 , 914 . 2 , 344 , 209 . 13 Total expenses.Add lines 13-17(must equal Part IX,column(A),line 25) .. ... 1, 656 , 516 . 2 , 629 , 054 . 19 Revenue less expenses.Subtract line 18 from line 12 0 0 2 .> <16 3 , 2 2 5 .> Beginning of Year End of Year o20 Iota'assets(Pa,t X,!lee 16) . . . 3 , 891 , 601 . 3 , 228 , 366 . Nm . 1, 055 , 430 . 567 , 329 . ¢� 21 Total liabilities(Pa X,I.ne 26) . ... . .. 22 Not assets cr fund balances.Subtract line 21 from lino 20 2, 836 , 171. 2 , 661, 037 . Part II Signature Block Under penaltles c'par;iry,I declare that I hove eNerrined tells return,in:lt.cing accompanying sci,avok-s end statum, :v 'r Is,and to t-,,oast of na ov:!nna,are tali2f,It is true,carat, and corpiolo.Declratiov,u'creamer(at rer::an ofiver)Is based on all Inrcreat en of which prepares has any knr,udedro. Sign Here P"'' Signature of olccer Dale PETER B GILES, EXECUTIVE DIRECTOR 'Type or print lame and title Date Cneck it Fa:porur's Ideneeriad number Preparer's self- _ (sea insirucucns) Paid signat.lra employed lP- 1-J_ Preparer's I.. - „7a{o ARTHUR AND ASSOCIATES LLC Elfd k' Use Only cows II '� „uli-erplo,'e::,', 1.4175 S WEST TEMPLE STE 30 zir:4s'&'d VSALT LAKE CITY, UT 841D1 Ph,oneno. Fr 801 359-0332 May the IRS discuss this return with thepreparer shown above'?(see instructions) LX I Yes L-I No ecoocl i2-is-co LHA For Privacy Act and Paperwork Reduction Act Notice,see the separate instructions. Form 990(2008) LIBRARY SQUARE FOUNDATION FOR ARTS, Farm 990(2000) CULTURE, AND SCIENCE 48-1268355 Page2 Part litI Statement of Program Service Accomplishments(see instructions) 1 Briefly describe the organization's mission: PROMOTE PUBLIC EDUCATION AND INVOLVEMENT IN SCIENCE, TECHNOLOGY AND ART. 2 Did the organization undertake any signif cant program services during the year which were not listed on the prier Form 990 or 990-EZ7 If"Yes",describe these new services on Schedule O. 3 Did the organization cease conducting,or make significant changes in her it conducts,eny program se,rvices2 [JYes L1 No If'Yes',describe these changes on Schedule O. 4 Describe the exempt purpose achievements for each of the organization's three largest prcg ram services by expenses. Suction 501(c)(3)and 501(c)(4)organizations and section 4947(a)(1)trusts are required to report the amount of grants and allocations to others,the total expenses,and revenue,if any,for each program service reported. 4a (Cede )(Expenses S 1,683,977. including grants ct$ 0. )(Revenues 2,090,367. ) IN 2009, THE LEONARDO HOSTED BODY WORLDS 3, AN INTERNATIONAL TRAVELING EXHIBIT WHICH EXEMPLIFIES THE SCIENCE-TECHNOLGY-ART MODEL. OVER 290,000 MEMBERS OF THE PUBLIC, INCLUDING MORE THAN 26,000 STUDENTS, VIEWED THE EXHIBIT. 4b (Code: )(Evpens_,5 512 238. in:',a:re grovta ct$ ---- --- )(R_vsv vo S 159,7 7 6. 1 THE LEONARDO CONTINUED WORK WITH SALT LAKE CITY TO DETERMINE THE BUILDING RENOVATIONS SCOPE AND BUDGET, AND TO RAISE FUNDS TO COMPLETE ITS CAPITAL CAMPAIGN. • • (250 1(5;,_„esd inclucing grants ofS • SC Other pregrem services,(i issc ibe in Schedule O.) 'rc grants of,. r((expenses$ n:ud- " Aevemi_S _ he Total program service expenses b$ 2,096,215. (Must equal Part IX,Lien 25,column(B,).J Form 990(2000) 2 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO___.1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form 990(2008) CULTURE, AND SCIENCE 4 8-12 6 8 3 5 5 Page 3 Part IV Checklist of Required Schedules Yes M o'' "°- 1 Is the organization described In section 501(c)(3)or 4947(a)(1)(other than a private foundation)? If"Yes,'complete Schedule A . . . 1 X 2 Is the organization required to complete Schedule B,Schedule of Contributors'? 2 X 3 Did the organization engage in direct or indirect political campaign activities on behalf of cr in opposition to candidates for pubic office?If"Yes,'complete Schedule C,Part! 3 X 4 Section 501(c)(3)organizations.Did the organization engage in lobbying activities?If'Yes,"complete Schedule C,Part 1I •, 4 X 5 Section 501(c)(4),501(c)(5),and 501(c)(6)organizations.Is the organization subject to the section 6033(e)notice and reporting requirement ano proxy tax'?If"Yes,"complete Schedule C,Part III, 5 _ 6 Did the organization maintain any donor advised funds or any accounts where donors have the right to provide advice on the distribution cr Investment of amounts in such funds or accounts'?If"Yes,'complete Schedule D,Part! 6 X 7 Dld tho organization receive or hold a conservation easement,including easements to preserve open space, the environment,historic land areas,cr historic structures?If'Yes,"complete Schedule D,Part II 7 X 8 Did the organization maintain collections of works of art,historical treasures,or other similar assets?If"Yes,"complete Schedule D,Part II! 8 X 9 Did the organization report an amount in Part X,line 21;serve as a custodian for amounts not listed in Part X;or provide credit counseling,debt management,credit repair,or debt negotiation services?If"Yes,"complete Schedule D,Part IV 9 X 10 Did the organization hold assets in term,permanent,or quasi.endowments?If"Yes,"complete Schedule D,Part V 10 X 11 Did the organization report an amount in Part X,lines 10,12,13,15,or 25? If"Yes,'complete Schedule D,Parts VI,VII, VIII,IX,or X as applicable 11 X 12 Did the organization receive an audited financial statement for the year for which it is completing this return that was prepared in accordance with GAAP?If'Yes,'complete Schedule D,Parts XI,XII,and XGi ........ ... . .. .... .. . ... ........... . .... 12 , X 13 Is the organization a school as described in section 170(b)(1)(A)(ii)?if"Yes,'complete Schedule E 13 X 14a Did the organization maintain an office.employees,cr agents outside of the U.S.? . ,.._.. ,.. 14a X b Did the organization have aggregate revenues cr expenses of more than$10,000 from g'antmakin•g,f,;cra'sirc,burn,,.. and program service activities outside the U.S.?If'Yes,"complete Schedule F,Part I 14b X 15 Did the crgenizati;n report on Part IX,column(A),line 3,more than S3,000 of granto cr assistance to any organization cr entity located outside the United States?If"Yes,'complete Schedule F,Part II 15 X 10 Eld the cronni:ation repot on Pao IX.column(A),line 3,more than$5,300 of aggregate Grants cr assistance to individuals located outside the United States?If"Yes,'complete Schedule F,Part Ill .... .......... ........... .. .... .................. .. .. . . .. . . 16 X 17 Did the organization report more than S15,000 cn Part IX,column(A),line 11 e?If"Yes,'complete Schedule G,Pert I,.., . . 17 X 13 Did the crgan'zation report more than S15,000 total on Part VIII,lines 1 c and Sa?If"Yes,"complete Schedule G. Pad I! .... -18 1 X organizationline9 e� e i" 19 Did the crgan._�:.,..n report mere than S15,000 on Part VIII, .,�.?1`"Y..�,"complete Sch�du,'e G,Part!l! ..... ... .... ........ . 19 I X 20 Did the organization operatecomplete Schedule I- 20 X one cr more hospitals.If"Yes,"ccm lei 21 Did the crgen za ticn report more than$5,000 on Part IX,column(.A),line 1?If'Yes,"ccrno!'eto Schedule 1,Parts f and 7'... , ... 21 X 22 Did the organization report more than$5,000 on Part IX,column(A),line 2?!f'Yes,"complete Schedule f,Pa ds I end Ill 22 X 23 Did the organization answer"Yes"to Part VII,Section A,questions 3.4,cr 5?If"Yes,"comp/c.f.?,Schedule J 23 X 24a Did the crgan',z:`.Ion have a tax-exempt bend issue with ith an outstanding principal amount of more than$100,000 as of tire day of the year, last ,thatwas issued after December 31,2002?If'Yes,"answer quesbo^s 245-24d and cornpi'cte Scr:edu!e K. c it 'No',gc to question 25 24n 24bX b Did the organization Invest any proceeds of tax-exempt bonds beyond a temporary period exception? ,.. _,.. .. c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to de'/ease any tar-exempt bonds? 24c d Did the organization act as an"on behalf of"issuer for bonds outstanding at any time during the year?.,. . 24d 25a Section 501(c)(3)and 501(c)(4)organizations.Did the organization engage in an excess benofit transaction with a disqualified person during the year?If"Yes,"complete Schedule L,Part 1 25a X b Did the organization become aware that it had engaged in an excess benefit transaction with a disqualified person from a prior year?!°"Yes;'complete Schedule L,Pad 1 25o 26 Was a loan to cr by a current or former office:,director,trustee,key employee,highly compensated employee,cr disqualified person outstanding as of the end of the organization's tax year?If"Yes,"complete Schedule L,Part II ,. 26 X 27 Did the organization provide a grant or other assistance to an officer,director,trustee,key employee,or substantial contributor,cr to a person related to such an indivicual?if"Yes,"complete Schedule L,Part III . . .. . . .. .. 27 X .. . ^ Form990(2008) ANNA, es2cjs 12-ra-os 3 12160513 141412 LEO 2008 . 05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form 990(2008) CULTURE, AND SCIENCE 4 8-12 6 8 3 5 5 Page 4 Part-IV Checklist of Required Schedules(continued) IYes No 28 During the tax year,did any person who is a current or former officer,director,trustee,or key employee: - - l a Have a direct business relationship with the organization(other than as an officer,director,trustee,or employee),or an - indirect business relationship through ownership of more than 35% in another entity(individually or collectively with other person(s)listed in Part Vii,Section A)?If"Yes,"complete Schedule L,Part 1V 28a X b ...... .... . Have a family member who had a direct or indirect business relationship with the organization? If"Yes,"complete Schedule L,Part/V 28b X c Serve as an officer,director,trustee,key employee,partner,or member of an entity(or a shareholder of a professiona. corporation)doing business with the organization?If"Yes,"complete Schedule L,Part IV 28o X 29 Did the organization receive more than$25,000 in non-cash contributions?If'Yes,"complete Schedule M 29 X 30 Did the ercanization receive contributions of art,historical treasures,cr other similar assets,or qualified conservation contributions?If"Yes,"complete Schedule M 1 30 X 31 Did the organization liquidate,terminate,or dissolve and cease operations? If"Yes,"complete Schedule N,Part I 31 X 32 Did the organization sell,exchange,oispose of,or transfer more than 25% of its net assets?If"Yes,'complete Schedule N,Part!! 32 X . .. . .. ... ........... .... ... .. ..... . 33 Did the organization own 1 CO% of an entity disregarded as separate from the organization under Regulations sections 301.7701.2 and 301.7701-3?/1"Yes,'complete Schedule R,Part! -_- 33 X 34 Was the organization related to any tax-exempt cr taxable entity? If"Yes,"complete Schedule R,Parts II,Ill,IV,and V,line 7 , 34 X . ..... . . . . 35 Is any related organization a controlled entity within the meaning of section 512(b)(13)? If"Yes,"complete Schedule R,Part V,line 2 35 X 36 Section 541(c)(3)organizations.Did the organization make any transfers to an exempt nomcharitable related organization? If'Yes,"complete Schedule F7,Part V,1"' rine 2 36 37 Did the crcanizat cn conduct moire than 5>;cf its activities through en entity that is net a related organization X and that is treated as a partnership for federal income tax purposes?If"Yes,"complete Schedule R,Part V' ... 37 X Form 990(2C08) E 12-;6 CS 12160513 141412 LEO 2008 . 05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form 990(2008) CULTURE, AND SCIENCE 4 8—12 6 8 3 5 5 Page 5 Part V Statements Regarding Other IRS Filings and Tax Compliance Yes Nam. la Enter the number reported in Box 3 of Form 1096,Annual Summary and Transmittal of . U.S.Information Returns.Enter-0-if not applicable is 7 0 b Enter the number of Forms W-2G included in line 1 a.Enter•0-if not applicable lb 0 c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming (gambling)winnings to prize winners? lc X 2a Enter the number of employees reported on Form W-3,Transmittal of Wage and Tax Statements, filed for the calendar year ending with cr within the year covered by this return 2a 5 " b If at least one is reported on line 2a,did the organization file all required federal employment tax returns? 2b X Note.If the sum of lines la and 2a is greater than 250,you may be required to e-file this return.(see Instructions) 3a Did the organization have unrelated business gross income of$1,000 or more during the year covered by this return? 3a X b If"Yes,"has it filed a Form 990-T for this year?if'4No,"provide an explanation in Schedule 0 3b 4a At any time during the calendar year,did the organization have an interest In,or a signature or ether authority over,a financial account in a foreign country(such as a bank account,securities account,or other financial account)? 4a X b If"Yes,"enter the name cf the foreign.country:0' - See the instructions for exceptions and filing requirements for Form TD F 90-22.1,Report of Foreign Bank and Financial Accounts. 5a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year? 5a X b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? 5b X c If"Yes,"to question 5a or 5b,did the organization file Form 8886-T,Disclosure by Tax-Exempt Entity Regarding Prohibited Tax Shelter Transaction? 5c Ga Did the organization solicit any contributions that were not tax deductible? 6a X b If"Yes,'did the organization include with every solicitat on an express statement that such contributions or gifts were not tax deductible? 6b 7 Organizations that may receive deductible contributions under section 170(c). a Did the organization provide goods cr services in exchange for any quid pro quo contribution of more than$75. . .. 7a X b If"Yes,'d d the organization notify the donor cf the value of the goods cr services provided? 7b c Did the orean'iization sell,exchange,.or otherwise dispose of tangible personal property for which it was required ' .. to file Form 82E2 ! c ci If"Yes,"indicate the number of Fcrms 8282 filed during the year 7d I - e Did the organization,during the year,receive any funds,directly or indirectly,to pay premiums en a personal benefit contract? 7e X f Did the organization,during the year,pay premiums,directly or indirectly,on a personal beneft contract? .. ... . 7f I X g For all contributions of qualified intellectual property,did the organization file Form 8899 as required? 7g X h For contributions of cars,boats,airplanes,and other vehicles,did the organization file a Form 1098-C as required? 711 I X Section 501(c){3)and other sponsoring organizations maintaining donor advised funds and section E09(a)(3) I supporting organizations.Did the supporting organization,or a lino maintained bye sponsoring organization,have - 1 excess business hcidincs at any time during the year?. .. .... 8 - I I 9 Section EE01(c)(3)and other sponsoring organizations maintaining donor advised fund:. t—� a Did the organization make any taxable distributions under section 4966G? 9a 1 b Did the organization make a distribution to a donor,done; advisor,or related person? 9b I 10 Section 501(c)(7)organizations.Enter: NIA a Initiation fees and capital contributions included on Part VIII,line 12 _ .. ......... .. . . .. 10a -b Gross receipts,included on Form 990,Part Vlil,line 12,for public use of club facilities ..,, 10b . . 11 Section 501(c)(12)organizations.Enter: N/A a Gross income from members or sharoholdors 1 is b Gross income from other sources(Do not net amounts clue or paid to other sources against . amounts due cr received from them.) 1 lb __ -- .- 12a Section 4947(a)(1)non-exempt charitable trusts.Is the organization filing Form 990 in lieu of Form 1041? 12a b If 'Yes,'enter the amount of tax-exempt interest received or accrued during the your .....N I.A... 112b I - - -- Form 990(2008) 832025 r.2-1a-oS 5 121605/3 141412 LEO 2008 . 05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form 990{2308) CULTURE, AND SCIENCE 48-1268355 Page6 Part Vl 1 Governance,Management,and Disclosure(Sections A,B,and C request information about policies not requ red by the Internal Revenue Code.) Section A.Governing Body and Management Yes No For oach'Yes"response to linos 2-7b below,and for a'No'response to lines 8 cr 9b below,describe the circumstances, -- - - processes,or changes in Schedule O.Soo instructions. _ la Enter the number of voting members of the governing body • .. , la 15- --. , b Enter the number of voting members that are independent lb 15- - j 2 Did any officer,director,trustee,or key employee have a family relationsh'p or a business relationship with any other officer,director,trustee,cr key employee? . . 2 X 3 Did the organization delegate control over management duties customarily performed by Cr under the direct supervision of officers,directors or trustees,or key employees to a management company cr other person? 3 X 4 Did the organization make any sionitcant changes to its organizational documents s'nce the prior Form 990 was filed? .._ 4 X Did the organization become aware Cu",g the year of a material diversion of the organization s assets? 5 X 0 Does the organisation have members cr stockholders? 8 X 7a Does the organization have members,stocelelders,or other persons c,hv may elect cite cr more members at the governing body? ..... ............. 7a X ................ b Are any decisions of the governing body sub;ect to approval by members,stockholders,or other peracrs?_-. _.._ 7b X 8 Did the organization contemporaneously document the meetings hold cr to ltten acCons undertaken during the year - bythefollctcing: - a The governing body? _..._ _.. 8a X I- b Each committee with authority to act en behalf of the governing body? __. __. 8b X 9a Dees the organ zaton have local chapter,branches,cr aftbatesc Oa X I, If"Yes,'r'ees the crgan'zation here written potty es and prxecures gcvcra eg the acir',' es of such chapters,affiliates, and branches to ensure their operations are consistent vith those o.the o ganizaticn? -, 5b .... .......• . -IC Vies a cop,'cf the Form 990 provided to the organisation's governing body before It was fi:ecl?All crganizalicas must descries In Schedule O the process,it an;the organization uses to r=_vs;,the Form 990 __.. ._........ __. 10 X _ 11 Is dram an,of Peer,director c r trustee,or key employee listed in Pad VII Seetion!' who cannot ree,hed al the croon isation mi fn.r aedrec .if'Yes, provide tire rt,rres end adadrfrossas1 S'r r+1,C - _. ... 11 i X (Section B.Policies _ i Yes No 12, Dees the cr'organize:an have a vsitten conflict of interest r boar 1, o l;e , 12a1 X _ f ifdre offfcers,direCtar.n.cr t u tee...nd key e rplcycc.r_au:rod to d_c ose annual',nter_ststh t could q;e nee to conflicts? 12b X c Does the m.ponlzation repa c'J and consistently monitor,.rid enforce con-,pl'ro"witn t.-o po"c,,I.'Yore"dc- Schef!u!, r,e,t'r/3 IS done .._...__.... 12c X `3 I the or -':eke,h= t^tan att ti -, - X,.: � _ �=_rip lc ... 13 X _ V. Does the morn ni'c' r,c.c.,';,Posen document retention and destroctlen policy? .- 14 X 15 Did the process ter date:mining en,r-t i r oft foo log persons include a resIew and approve'byindependent cereand,ccipp,abklyd- n 1. r,,,,CUS,thstantiatl,r, the delber t nmid Oe. n - --- Inc ergo z tns CEO,Executive Director,r.r top thanapordent cf n- .._ 15n X b other ef',oers c•key employees of the r 1euten4 _.. --- ..._.. 15b X Descr.be the prceoes in Schedule O.(seo In. eIon 16 Did the organisation ,.a., in,ecrh;cut ta,cr parks0vete in ol_ .w < rl._r orran,cternente,C a taxeble entity di.i the year? _.. ... 18a X I Ye has the organization a d a v l n po'now or procedure r qurn_the crefinioation to evaluate its p rl pat'cn )ciiat t enturn arrangements tinder arsphcable federal t ss low,netl t iten step,tits , .d the e gv _ _f- exempt s'atu;.,..th respect to such aura rigc rent=: -... ... ....... 16b — _Section C.Disclosure 17 List the slates with which a copy e'this Donn O90 Is required to be filed i NONE 13 Seet,n Ile4 r_"rCs an ergerilsatIsn to 1023(or 1024 if nep'cmP..,.990 and .SOT(rip a)/'an avai..:b:e foe pubic inspection.Indioste hoe;you make these aveilablo.Check as that sop:". 7 Dtrl v;ebsi e ,Another's trabalte LX I Upon request ..00,,iba in Schedule O vleth,r fo.ld if so, opt)thee caiaatlonrla<_s its peter nee' c_.,;n.s.,cenft ct of interact,''t and _osin: stetecents e,a:Iab'e to lire State tile name,pltycl.al a d tel r phono rt. o. o;he person wile.pose_eses the beck,,.and r„so s it Ina ca o t c::THE ORGANIZATION - 8015319800 120 S MAIN, SALT LAKE CITY, UT 84101 ,z f•'o,r Fenn 990(2003) 6 • 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO • LIBRARY SQUARE FOUNDATION FOR ARTS, Form 990(2008) CULTURE, AND SCIENCE 48-1268355 Page7 Part VIII Compensation of Officers,Directors,Trustees,Key Employees,Highest Compensated Employees,and Independent Contractors .miiii., Section A. Officers,Directors,Trustees,Key Employees,and Highest Compensated Employees la Complete this table for all persons required to be listed.Use Schedule J-2 if additenal space Is needed. •List all of the organization's current officers,directors,trustees(whether individuals or organizations),regardless of amount of compensation, and current key employees.Enter-0-In columns(D),(E),and(F)if no compensation was paid. •List the organization's five current highest compensated employees(other than an officer,director,trustee,or key employee)who received reportable compensation(Box 5 of Form W.2 and/or Box 7 of Form 1099•MISC)of more then S100,600 horn the organization and any related organlzations. •List all of the organization's former officers,key employees,and highest compensated employees who received more than$100,000 of reportable compensation from the organization and any related organizations. •List all of the organization's former directors or trustees that received,In the capacity as a former director cr trustee of the organization, more than$10,000 of reportable compensation from the organization and any related organizations. List persons in the following order:individual trustees or directors;institutional tmstees;officer;key employees;highest compensated employees; end former such persons. 0 Check this box if the organization did not compensate any officer,director,trustee,or key employee. (A) (6) (C) (0) (E) (F) fda,re and Title Average Position Reportable Reportable Estimated hours (check all that apply) compensation compensation amount of per from from related other wash p the organizations compensation Y. organization 6i!-2/1095-MISC) from the t', (,v211095-MISC) organization e;; and related a • - organizations �ws WILL WEST BOARD CHAIR X X 0. 0. 0. 1,1LARSHALL WRIGHT X L 0. 0. 0. JPSIN HAWORTH XJ -_--O.' �a DR. NED WEI_NSHENRER X 0. 0. 0. ALLEN ROBERTS N J J O. 0. 0. ADAMM PRICE X O. 0. 0. JEFF UNRUH I VICE CHAIR X X 0. 0. 0. DR. SUZANNE WINTERS TREASURER/SECRETARY I X 0. 0. 0. ANNETTE CHRISTENSEN ( `- X, 0. 0. 0. 2dIKE LEVINTHAL I X 1 0. 0. 0. NICK GIBBS DAVID EVERITT, EXOFFICIO I X 0. 0. 0. PETER B GILES EXECUTIVE DIRECTOR 40.00I X XL_ 50,160. 0. O. L earns;raw;:c Form 990(2000) -7 12/60513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, • Form 990(200E) CULTURE, AND SCIENCE 4 8-1 2 68355 Page8 Part VII I Section A. Officers,Directors,Trustees,Key Employees,and Highest Compensated Employees(continued/ (A) (B) (C) (D) (E) (F) Name and title Average Position Reportable Reportable Estimated hours -(cheek all that apply) compensation compensation amount of per front from related other weak e the organizations compensation organization AN-2/1099-MISC) from the (eV-2!1 C99-MI SC) organization end related s _ T€ organizations - - H1 1 - - - -- I_ - - -- 1 - -- 1b fotal. . . ._ —_ _. ._.. N 50 180., O. 0. rrarr.ber of ir`db,i-hV:'s(rclas'rci blur,in Mr,).11er res?"cr seer_then�,CC, C0 in reen:DID:,• c ,sn ict''O 1 from the crrrh treto, .... ... .. .. N 0 -- i Yes I[lc b;d tl,e organ'.ats.Est cry former cl`;_cr,dlrecter cr beblec,Coy entplayse,cr h,beet compeccated em.e!ove_cc 1 I'I 3 � X r individual Ehl l,- l tc ca,i f Crrove cc e tcc c• c lI rat n finer the er,a 1— I _st-e I _ 1 r c r at r hen 1 / - Jf c t u ... .�—_ r ryp_ el e-ho 1 ec r co lire r rv_; r_.r-:_,rig s Cezr- _rsto �_ �• tr_crgeulx...,t91 (es. co. -.-,- r,ccs r.cc,c - - -- - - _. I s i , X -Se ction C.Independent Contractors 0,mo:eathis table for; h,.-__cedar:sins:Sod indecendeut cyatreCters hat o d;od more Ula r 51C00.0 of , o,,ti_t frost the er^_cnint:lc, haste and l:usiress codracs Doser:plies of servicas Co:rpenoetios TEMPSTAFF, INC., 3150 SOUTH (IASHINGT'OPI —_.— STREET, SALT LIKE CITY, UT 84115 TEMPORARY STAFFING _ 240_,_8_41. THE GECKO GROUP, 10 W. 100 S. , SUITE 300, ADVERTISING AND --- SALT LAKE CITY, UT 84101 COMMUNICATIONS I 147,702. L-- Total runtber of independent contractors(including those in 1)who racoldad mere than S1 C0,000 is compensation front the organization 2 M Form 990(2005 8 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO______1 • LIBRARY SQUARE FOUNDATION FOR ARTS, Form 990(2008) CULTURE, AND SCIENCE 48-1268355 Page9 Part VIII 1 Statement of Revenue (A) (a) (C) (D) �a - Total revenue Related or Unrelated Revenue _ exempt function business ax under r - - revenue revenue sections 512, 513,or 514 �9 1 a Federated campaigns la '- • - o b Membership dues lb c Fundraising events is _ d Related organizations ". _„__,__, id -` e Government grants(contributions) le 655,219. g77, f All ether contributions gifts,grants,and 'r similar amour Is nut included above it 159,116. ov g Ner,u,sn lt 1.ms Ind d=d IIes 1,-1': h Total Add lines ta•l ► 814,335. u 2a HOSTING OF BODY WORLDS 713990 1,651,407.1,651,407. tv b LEONARDO AFTER HOURS, 713990 3,641. 3,641. rust g Eo d o e e f At ether program service revenue. 9 Total,Add lines2a.21 ► 1,655,048. '" "� 3 Investment Income(including dividends,interest,and other similar amounts) D 8,014. 8,014. el income from investment of tax-exempt bond prccsods D _ • ...... _.. (i)Per (')Personal +'\ a Gross heats b Less.rental expenses _ c fel income cr(loss) _ el Net rental Income cr(loss) D 7 a Gress<rc.rt;from sales c' (1)Sec,ives (ig Other - • - , - -• assets cthe•titan in,sn Loss: b oss:cost or other brae. - anal "-sal cxporcos 11,568. c Gain cr(Io s) .. . __ d Net call)or(lcss) D <11,568. o 0 o Gros income Lora fund:a snag events(net r inclde n5 • 6 contriA `tons repo Ina 1).See 0 Pan I'd,line 18 a . b Less:ct ci expenses c Net Inr-omo or Coss)from fundraising e fent: D 9 a Gross income from coning activities.San • - Pnrt IV,too 19 _ .. .. tent. .. h Les::direct xpense.> ____. k> .. e Not income,or(foss)from gerang act vlt.es . D 10 a Gross sales cf invcrfcry,Lass returns - • and a loo.arces a - b Less:nestof_oodssold c Net receive or(Ions)ham sales of inventory _..__ D Mlseellaneeuo Revenue 'sus rens Code l - • 11 a d Al other revenue ._.... ' e Totcl.Add l eel-1,11d 12 Total Revnuev.:•r:• r as n,csCd, 11_ D 2,465,829.1,651,494. 0.I 0 ezocs Form 990(2008) 9 12160513 141412 LEO 2006.05000 LIBRARY SQUARE FOUNDATION F LEG 1 I LIBRARY SQUARE FOUNDATION FOR ARTS, Form990(2098) CULTURE, AND SCIENCE 48-1268355 Page 10 Part IX I Statement of Functional Expenses Section 501(c)(3)and 501(0)(4)organizations must complete all columns. All other organizations must complete column(A)but are not required to complete columns(8),(0),and(D). Do not Include amounts reported on lines 66, Total expenses Program service Management and Fundraising 7b,8b,9b,and lob of Part VIII. expenses general expenses expenses 1 Grants and oiler assist ace.to governments and organizations in the U.S-See Part IV,line 21 _., -_ 2 Grants and other assistance to Individuals In the U.S.See Part IV,line 22 3 Grants and other assistance to governments, organ zatcns,and led;vlduals outside the U.S- _ See Part IV,lines 15 and 16 _ 4 Benefits paid to or for members 5 Ccmponsation of current officers,directors, trustees,and key employees 86,949. 47,433. 39,516. G Compensation not included above,to disqualifies persons(as donned under section 4258741))and ueracr,s d^.scribed in stories 4958(c)(3)(8) 7 Other sa:arienar.dwages .__ 130,0184 79,937. 45,370. 4,711. 8 Pcrsion pion contricubons(in.Iede secdrn 501(k) and secten 403(b)sop toyer coctr.bstiens) ._ 9 Other employee benefits ... .. .. . 8,675. I 8,675. 10 Payroll taxes ___.._.... _.... .. ... . _ 16, 68. 10,010. 3,265. 3,393. 11 Feas for services Vol enployee:.): a Management. 106,255. 106,255. b L"cry ... .- .__.___._.._......_ . _. 1.3,637. 2,105. 11,532. c Accoentro 93,351. 37,574. 55,777. c Prol ela,lundusing suvtcs.See Pn;t IV,lita17 42,535. - 1 - 42,535. { f Imestrnont rr an Tcm;tee:. i g Other 1,086,372.1 999,891.1 50,337.1 36,144. j . 12 r ,ga — 194,9564 190,040. 2,416. 2,500. 12 c spun^_- - 157,7694 116,287. . 34,742. 6,740. 14 Information tech,nc!ccy._.. ...... _ 13,334.) 5,091.L--- 8,243. 16 Pnya!Pes _ I _ 1 16 Occupancy 420,127. 410,603. 9,524.--- --- 17 ravel 24,898. 11,503.j 13,395. 18 Ps-'..tsottrm;cic redern'nncectexpers e _— _-- for any fads:.,rGtc,cr lccJ public c,fi.o,'"," G ac_ ._ _ 3,865.1 238. 3,531. 96. 30 e- 1 4,633. 4,833 21 Payments to atiPates, _ 144,467. 144,467. 22 Da7recintcn,dcp'.-Ccn,a,ecs'cr.Iaator, 32,216. 1,428.4 30,788. 22 In.Tzance _._ 16,921. 3,567.1 73,354. r ,cx'oers: it:m2e ext,ttsttsttLttc; - - - ' b,..(Esper... c 0ep09to-the r h ei,. - . - - IlIdeellanen'ai Nay net excm2d 5`,c1 total ee n-e shc.ncrt°.c%5beow.) - _ -. a CREDIT CARD PROCESSING 31,208.( 31,208.1 1. I I T I e --- - 1 f Al,bile'o-passes 25 Iota'tunettonslespensea Add llrrss1intnuh211 2,629,054. 2,096,215.1 _ 397,204. 135,635. 26 Jolrt Coats.Chccd h=re o [ 1 it lallorin, SOP 3 Ccnplcia 1:11s Tian nnly it tLe crg;ni:atic-, dnnc-diti id cc ( j0ha cc fr,m a ccdtttiv2 uto.n,,nalcm.pa nn and f,ci,lr:si gscGclat'en s32c".os-c9 Form 990(200&', 10 1.2160513 147.412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO-__1 LIBRARY SQUARE FOUNDATION FOR ARTS, Form990(2008) CULTURE, AND SCIENCE 48-1268355 Page11 I Part X_I Balance Sheet (A) (e) /111111,4, Beginning of year End of year 1 Cash-ncninterest•bearing 40,161. 1 733,136.—' 2 Savings and temporary cash investments 818,045. 2 206,131. 3 Pledges and grants receivable,net 1,859,849. 3 1,381,896. 4 Accounts receivable,net 10,319. 4 5 Receivables from current and former officers,directors,trustees,key employees,or other related parties.Complete Part II of Schedule L _ 5 6 Receivables from other disquallflad persons(as defined under sect Ion 4958(0(1))and persons described In section 4958(c)(3)(e).Complete - Part ll of Schedule I. 6 7 Notes and loans receivable,net 336,893. 7 L B Inventories for sale or use 8 G a Prepaid expenses and deferred charges 2,737. 9 3,786. 10a Land,bul;dings,and equipment t cost basis .. 10a b Less:accumulated depreciatOn.Complete Part VI of ScheduleD 10e 21,717. 40,417. 10c 59,038. it Investments-publicly traded securities ..............................._._. 25,000. 14 25,000. 12 Investments.other securities.See Part IV,line it 12 13 Investments.prcgram-relatod.Soo Part I`✓,Urn 11 _ _13 14 Intangible assets I 14 15 other assets Sec Part IV,line 11 rr 758,180. 15 819,379. 16 Total assets.Add lines l through 15(must ecual lino 34) _....._ . I 3,891,601. 1s 3,228,366. 17 Accounts payable and accrued expenses 165,795. 17 67,329. 13 Grants payable ._..__........_..._...... _. ._.. .._ le-----520,000.1 ie 500,000. 19 Deferred revenue _. �(( 119 20 Tax exemptbond lishrities —�20 I --- 21 Escrow account lie Ili .Complete Part IV et S _le D 21 Auk ,tbt 22 Pa abesto current end former of era,ciroc.er e - b. highest compensated(employees,acid disc,ua'.li d persons.Coos',Pert II - ._ 12 of Schedule I_ 22 23 Secured mortgeges codrotes payable to unrelated turd pined _.. . 2,33,655.I 23 24 Unsecured notes and loans payable I 124 25 Other liabilities.CompiSo Part X cf Schodu'e D I 35,980.1 251 0. 26 Total liabilities.Add lines 17 through 25 11,055,430.1 251 567,329. Organizations that follow SFAS 117,check here to LX,J and complete Iff lines 27 through 29,and lines 33 and 34. _ CI 27 Unrestricted net assets 1,742,996. 27 1,877,407. 23 Temporariyrastrctednetassets .__........ 1,093,175. 281 783,630. -o 29 Permanently restrtcted net assets 29 ,5 Organizations that do not follow SFAS 117,checl,here tr. Li and o complete lines 30 through 31. . 30 Capita stack cr tru t principal cr current funds. .,. 30 G31 Paid-in cr capital surplus,or land,building,or equipment fund 31 32 Retained eemines,endowment,accumulated income,or other funds 32 ` 33 Tote!not assets cr fund behoess 2,836,171. 33 2,661,037. 34 Tota'liabilities and netassets/fund balances .... .......,__....._.-..._ . 3,891,601.1 34 3,228,366. I Part)l1Financlal Statements and Reporting I YesTlra 1 Accounting method used to prepare the Form 9.92: Li Cash LE: Abort/al LI Other - - I _ 2a Were the organ zcf statements cns financial t^te1l compiled c:reracacb independent n ecoun sn:7 2a 1--- X b Were the organ:action's financial statements aud.ted by an independent accountant? 2b I X c If"Yes`to lines 2a er2h,clans tpc organization have a eernmlflee that assumes responsibility ler oversight et the audit, review,en eompi!ation of its financial statements and se'ectIon of an independent accountant/ 2c 3n As e result of a federal award,vras the organised:on required to undergo an rod I or audits as sat forth in the Single Audit 'M's Act and OMB Circular h133? ..._. 3a , b If"Yes,'did the ory-anization undergo the required audit or audits? _.. ..__.................. . __...... 13e I F32311 12.19 OE Form 990(2005) 11 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO SCHEDULE A Public Charity Status and Public Support OMB No 1545_004; (Form 990 or 990-EZ) To be completed by all section 501(c)(3)organizations and200/3 section 4947(a)(1) nonexempt charitable trusts. Open_fo Public,_ i Berra en: nUsTreasury .Inspection- Ir:len',af Pe�ten�e Sei•,Ica Attach to Form 990 or Form 990-EZ. See separate instructions. Name of the organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer identification number CULTURE, AND SCIENCE 48-1268355 Part I Reason for Public Charity Status(All organizations must complete this part.)(see instructions) The organization is not a private foundation because it is:(Please check only one organization.) 1 I 1 A church,convention of churches,cr association of churches described in section 170(b)(1)(A)(i). 2 I I A school descr bed in section 170(b)(1)(A)(ii).(Attach Schedule E.) 3 1 A hospital cr a cooperative hospital service organization described in section 170(b)(1)(A)(iii).(Attach Schedule H.) 4 1 I A medical research organization operated in conjunction with a hospital described in section 170(b)(1)(A)(iii).Enter the hospital's name, city,and state: 5 I An organization operated for the benefit of a college or university owned cr operated by a governmental unit cescribed in section 170(b)(1)(A)(iv).(Complete Part II.) 6 I I Afedera!,state,or local government or governmental unit described in section 170(b)(1)(A)(v). 7 IX 1 An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(b)(1)(A)(vi).(Complete Part II.) g I I A community trust described in section 170(b)(1)(A)(vi).(Complete Part IL) 9 I 1 An organization that normahy receives:(1)more than 331/3% cf its support from contributions,membership fees,and gross receipts from activities related to its exempt functions-subject to certain excepts:ns,and(2)no more than 33 1/3% of its support from gross investment income and unrelated business taxable income(less section 511 tax)from businesses acquired by the organization after Juno 30,1975. See section 509(a)(2).(Complete the Part III.) 1C 1-1 An organization organized and operated exclusively to test for pubic safety.See section 509{a)(4).(see instructions) 11 I 1 An organization organized and operated exclusively for the benefit cf,to perform the functions of,or to carry cut the purposes of one cr mcfe publicly sepr creed orgcn'eaticr::described in section 50, e;(1)or sect cn 509(a)(2).See section 5M9(a)(3).Check the box that j describes the type of seisiocrtinc.organization and complete,lines 11 e through 11h. a[-1 Type I b I Type'II c r 1 Ty - iii Fo;oticna iy integrated d I I Type I':I Other e I 1 By checkin`g this box,I certify that the organization i..not con`rclled directly cr indi;eoby'try oil:or mere diequa'iiied persons other than foundation managers ace other than coo cr more pule:_;sepported orcanizelona described in sedan 5509(a).,(1)cr section 5G9(e)(2). ` f If the cr an'zc'cn received a written determination from the IRS that it is a Type I,Type II,Cr Type III z su:peining organ atiol.ch.ec'kthis bcx ... . .. . .. ... .. . . . . . .. . .. [_1 ., , +�'b 7 pea; ,? c Since A.g st 17,2.0_,has the organic:t,on accepted any cif.cc contribution from any of the fo'lo;.n, (i) A+person who directly cr indirectly ccntros,either acne or together v;:th persons descr bed in(ii)and(;i`)bellle , Yes No the governing body cf the supported organization? . .. . (ii) Alam:y member of a person ceacribeJ in(i)above? . . 11 n 11n(i) SOb described in O cr(ii)above? 11c(II) (iii) .; ,; controCac entity of a personJ(" I)I h Fronde the fci!cw-ng infoimet:cn rbout the crganiz_tlons the crgani:nation seppOrte. (iii)Typect (iv)Is Hie orcanizakee'(v)Did you not I;live (vi)l_the (;tillf, car.:cf (i)flan,,el s., (ii)F" organization ;; organ¢at c i^col. ga n cc'.(i)1. tied in your creanizal.on in cod' (I)organirri ;the JR`° organizzt::, dzscribed c?lines 1-9 (---� gcdorc�ngdacuroec? (i)ot±;o��rsupFcrC> U. .? above cr IRC section (see Instructions)) Yes I No Yes I No Yes I No — I Total . p I_HA For Privacy Act and Paperwork Reduction Act Notice,see the Instructions for Form 990. Schedule A(Form 990 or 900-EZ)2003 -: l2- 12 12160513 141412 LEO 2008 . 05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, Schedule A(Form 990or990-EZ(2008 CULTURE, AND SCIENCE 48-1268355 Paget Part II I Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv)and 170(b)(1)(A)(vi) (Complete only if you checked the box on I!ne 5,7,or 8 of Part I.) wok Section A.Public Support Calendar year(or fiscal year beginning in( ' (a)2004 (b)2005 (c)2006 (d)2007 (e)2006 (f)Total 1 Gifts,grants,contributions,and membership fees received.(Do not include any"unusual grants.'( 759,556. 2895810. 149,238. 1673743. 814,335. 6292682. 2 Tax revenues levied for the organ- isation's benefit end either paid to or expended on its behalf S The value of services or facilities furnished by a governmental unit to the organization without charge 363,777. 363,777. 4 Total.Addlines1-3 759,556. 2895810. 149,238. 1673743. 1178112. 6656459. 5 The portion of total contributions - .i -:-. by each person(ether than a t a.x. - - govommental unit or publicly - - supported organization)included on anal that exceeds 2 4 of the - - amount shown on line 11, - column(f, 6 Public Support.sacoaori,,e bcmrn:.t. 6656459. Section B.Total Support Calendar year(or fiscal year beginning io( (a)2004 (b)2005 (c)2006 (d)2007 (e)2008 (f)Total 7 Amounlstrcmrnc4 . _ 759,556.1 2895810.1 149,238. 1673743. 1178112. 6656459. 6 Gros income from interest, dividends,payments received co securities loans,rents,royalties and income from simliar sources _ 4,984. 61,648. 77,214. 23,367. 8,014. 175,227'.% 9 Net Income from unrelated business activities,whether or not the business is regularly carried on 0u from tre Do not eo capital in a meat � t Ili c^ assetsor I a n Port l ) . <813.> <399. <11,568.><12,780.> 11 Total support.fold lines7tisough 10 • 681 8906. 12 Cross receipt frunlr.:,.c- ct.'r.,;,c: (,..:,'I s.a., :.) ._. 112 1,660,382. 13 Firs tf:'eyars.tot-Er rt.,..Li f,,r the rig.:ni.u:,:I irst,second third fourth or fifth tax yrtar laa.,....unb01(c)(3) organisation.check this box End stop he, Section ........... ........ - `. ..... )��— Section C.Computation of Public Support Percentage 14 Public support percentage for 20e6(line 6,oc5'gin(r)divided by line 11,cr:un,n(n). _. ._. _ --,. 14 97.62 15 Public support percentage Vast 2007 Schedule A,Part IVfi,Ilse 20f _..._ ... 15 ry,. 16a 33 1/3P4 support test-2008.l'the ergeniza;'.an dirt r,ot check is boo on line 13,e^,d lino 14 is 30 1 i35'or more,check this box and stop here.The oroa^,izrtion qualities as a pubilciy su;pport'd crgon:z;thit >)X] b301/2''support test-2007.I'the cp.nizatior On. chock ebenwt I'.,a 13 or 16e,era lice 15is?31r3%cr more,c'-ec<ths I:os and stop here.T-he orginisatam rieoliEes os,pcbk•ly s.L.IppcnEd o•g .:;cn .. i> 17a 10°o-fa cts-and-c ioum stances test-2000.6 the Crcmonisatico ric4cheek a box call:e 13,16;.on 16b,anti to 14 is 106 or more, ii the organisation Iacs Ins"bets-and-circumstances"-lest,ohec'.1,hs box and stop here.Explain in Part 6:hco,the organization meets the"fasts and-ci'ctanstances"test The organization qualifies as a publicly supported organization _,- fn b 10°6-faots-and-cirournstances test-2007.If the or, iatich die not chap';a bap en li'te 13,16a,16b,or 17,1 and line.15 is 10. or more,a'd if the organlatlen moots tie"facsc,d-cira:o-stzhoes"tact,check tlis box anc stop here.B<?:ein in Port IV new Me cimnoisobon me_,.,the'foots and-crcur o,..nccs Le' the ord niz:'i_n qu..n'ies as a nub ichj supported organ:caTot h-L] 13 Private foundation.If tho organisation Cr'cot chest:a box on lino 13,10a,16b,17a,or 17b,check this box❑nd see insi ract:ons . . Schedule A(Form 900 or 990-GZ)2006 oo_os ie.rr na 13 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO 1 • Schedule A(Form 990 or 990-EZ)2008 Page 3 Part.lil; Support Schedule for Organizations Described in Section 509(a)(2)(Complete only i1 you checked the box on line 9 of Part I.) Section A. Public Support ( Calendar year(or fiscal year beginnif'g in)` (a)2004 (b)2005 (c)2006 (d)2007 (e)2008 (f)Total 1 Gifts,grants,contributions,and membership fees received.(Do not include any"unusual grants.") 2 Gross receipts from admissions, merchandise sold or services per- formed,or facilities furnishes in any activity that is related to the organization's tax-exempt purpose 3 Gross receipts from activities that are not an unrelated trade or bus- iness under sect'en 513 4 Tax revenues levied for the organ- ization's benefit and e:ther paid to or expended cn Its behalf 5 The value cf son:ces or facilities furnished by a governmental unit to the organization without charge 6 Total.Add lines 1 -5 ... ... .. .. 7a Arr,cunts included on lines 1,2,and 3 received from disquaffed persons - b/n'•c.rnls Ircludcd cr.t rc3 2 and g roc^-:ved from caner than 0 scJa'iui !persons that f.c?2d na greater Cf 1'.i cl t.)o toff of:ryes c 1Cc,11,and 12 fcr firs y.rr cr 55,C22 _ c Add lines 7a and 7b 8 Public support libha;ine?t..-'-r°et Section B. Total Support Calendar year(or fissel y^ar beT;,n rg in)1> (a)2004 (b)2005 (c)2CC6 f (d)2C07 (e)2008 (f)Total ( s Amounts from line 10a Gross income from interest dividends,payments received on securities loans,rents,royalties and income from similar so b Urrca e be r:_sstarot; (less sac'iar Ell loses)froe,fts're_ssc alto ittrt:.;il, 375 p i C Aid tl le 1C�.and i�..s — r 11 Net income from unrelated business acti';•ties not ind'l-ded in line 10b, whether.cr not the business is 12 Otner income.Cc net irciude pan cr loss from the sale of capital assets(Exp'a,n in Part IV.) .... . ... 13 Total supperi(,:n:., 1m,11.F:,d ,,.) 14 First five years,If the Form 893 Is for the organization's first,second,third,fourth,or fifth tax year as a section 501(c)(3)organization, check this box and stop here Section C. Computation of Public Support Percentage _—_- 15 Public. mood percentage for 2008(line 8,column(f)divided by line 13,column(f)). ... .- 15 I 16 Public support percentage from 2007 Schedule A,Part IV-A,line 27g .. ... . ... .... 16 I '• Section D. Computation of investment Income Percentage 17 Investment income percentage for 2008(lino 10c,column(f)divided by line 13,column(I)) 117 1 18 Investment income percentage from 2007 Schedule A,Part IV-A,line 2711..... .... . . ... 18 e,: I 19:.33 1/35/ support tests-2008.If the crea:nization did not check the box on line 14,and line 15 Is mere then 33 1/3'>c,end line 17 is not more than 33 1/3%,check this box and stop here.The organization qualifies as a publ,c ly supported organization ;> b 33 1/3'i, support tests-2007.If the organization cid not check a box on line 14 or I ne 19r.,and line 16 is more than 33 1/3°33,and line 18 is not more than 33 1/:X,check this box and stop hero.The organization qua:if:3s as a publ'cly supported organization . .. . . T 20 Private foundation.if the organization did not check a box on line 11,19a,or 125,check this box and see instructions ...... ... .. ..... ... Iw P1 Schedule A(Form 990 or 990-EZ)2008 14 12160513 i41‘112 LEO 2008 .05000 LIBRARY SQUARE FOUNDATION F LEO 1 Schedule D OW No.154500, (Form 990) ed Supplemental Financial Statements 2008 oeParnra.rr"nn"-r"46vy Attach to Form 990.To be completed by organizations that :,.:Open to.publtc—'�" answered"Yes,"to Form 990,Part IV,line 6,7,8,9,10,11,or 12. _/;lnspectiori ` Name of the organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer Identification number CULTURE, AND SCIENCE 48-1268355 Part i f Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts.Complete if the organization answered"Yes'to Form 990,Part IV,line 6. (a)Donor advised funds (b)Funds and other accounts 1 Total number at end of year 2 Aggregate centdbutlons to(during year) 9 Aggregate grants from(during year) _...._. 4 Aggregate value at end cf year . 5 Did the organization inform all donors and donor advisors in writing that the assets held in donor advised Funds era the organization's property,subject to the organization's exclusive legal control? El Yes U No 6 Did the organization Inform all grantees,donors,and donor advisors in v.'rifng that grant funds may be used only for charitable purposes and not for the benefit of the donor or donor advisor or other impermissible private benefit? U Yes El No ,Part ll I Conservation Easements.Complete if the organization answered"Yes'to Form 990,Part IV,line 7, 1 Purpose(s)of conservation easements hold by the organization(check all that apply). 0 Preservation of land for public use(e.g.,recreation cr pleasure) U Preservation of an historically important land area FA Protection of natural habitat U Preservation of certified historic structure Preservation of open space 2 Complete lines 2a2d if the organization held a qualified conservation contribute,In the fern of a conservation easement on the last day of the tax year. Field at the End of the Year a Total number of conservation easements 2a b Total acreage restricted by conservation easements _.. 26 c Number of conservation easements on a certified historic structure included in(a) _ . 2c d Number of conservation easements includes in(c)acquired after 8/17/0C ., 2d 3 Number of conservation easements modifier!,transferee,rg ease•'ex Fad cr larni9veled by the u reani_.tien nor ng the taxable . 11* year 4 Number of states where propeny subject to conservation easement in Iccatec 5 Dees the organization have a written policy regerdinr the per'od'o rrcnitcrir.g.knscectcn,Vdations,and em.orce;reet of the conservatcn easeoren:s it he ifs? U Yes LA No 6 Stall or volunteer hours devoted to monitoring,inspecting,and enforcing casements during the year C- 7 Amount of expenses Incurred in monitoring,inspecting,and enforcing easements during Inc gear 6 Dons ouch conservator eacemant reported on tnt 2(d}above satisfy the raquireireenta of section 170(h)(4)(B;y enisection 1 o(h)fi()l01n _. .. .___.. ........_.... ......_.. _..... .,..,. Yes INe 9 In Part XIV,describe hew tire organization re_ons censevnt:on easements In its revenue and expenses:atement,and balance sheet,and inuA:de,if applicable,the text a`the feeincte to the organization's financial steleninots that describes tire organization's accounting for con servahon easements. Part Ill Organizations Maintaining Collections of Art,Historical Treasures,or Other Similar Assets. Complete If Ste organization answered"Yes"to Form 990,Part IV,lie It 1a If the organization elected,as permitted under SFAS 116,not to report in its revenuo statement and balance cheat works of art,historical treasures,or other similar assets held for public exhibition,education,or rescorh in furtherance of pubic service,provide,in Part XIV,Croton',c1 the footnote to its financial statements that describes these items. I) Il the organization elected,as permitted under SFAS 116,to report in as revenue statement and balance sheet veer:ks of art,hieterioal treasures, cr other sin Ianassets held for pub'::e h,ertee,edue.•lo,or research re ferlharalga of public service,provide the ietoe;ing amounts relating to these items. (if Revere is edod it I orm 990 Part Vi ,lice _._. .._ ... leer _... .._...._ B- S (u)Assels Included in Form 990,Part X _., p S 2 If the organization roceiaed or held corks of art,historical treasures,or other simiier assets for financial gain,provide the fo lrnvina amounts required to be reported undo SFAS 116 relating to these items: a Revenues Inc'd act in Fenn 990.Part VIII,line 1 b Aesele included in Form 90g Pert t< ._.. - ___ _ _ (~ S Alois I.HA For Privacy Act and Paperwork Seduction Act Notice,see the Instructions for Form 990. Schedule D(Form 99.0)200a- 552er' 1_.3.03 17 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR ARTS, • • Schedule D(Form 990)200B CULTURE, AND SCIENCE 48-1268355 Page Part111.I Organizations Maintaining Collections of Art,Historical Treasures,or Other Similar Assets(continued) 3 Using the crgan'ratlon's accession and other records,check any of the following that are a significant use of Its collection items(check al that apply): a 0 Publics exhibition d Li Loan or exchange programs b LI Scholarly research e n Other • Presorvation for future generations 4 Provide a descriptioo of the crganlzation's ccilecticns and explain how they further the organization'e exempt purpose in Part XIV. 5 Dur'ng the year,did the organize,:or.solicitor receive donations et art,historical treasures,or other similar assets to be solo to raise funds rather than to be maintained as part of tire organization's collection? _ .r—I Yes rl]No Part'IV I Trust,Escrow and Custodial Arrangements.Complete It organization answered"Yes'to Farm 990,Part Iv,lino 9,or reported an amount cn Form 990,Part X,line 21. Ia Is the organization an agent,trustee,custodian or other intermediary for contributions or other assets not included on Form 990,Part X? -.._ _.... ... ............. ...... _....... Yes 1 1 No b If'Yes,'exclah the arrangement In Part XIV and complete tine following tulle. Amount c Beginning balance _.. .... ... ... _...... Ic d Ad tit es during the year ..... .__ id e Cr-trbu:lens d(fr ng the year .... -_. _.. -... 1e f Ending balance ......_ • ..._ .. ..... 1f 2a Did the erganizaticc include an arson:on Forel 000 Part X line:21? _.. _... ... .... .... ..... �___!Yes L)No b If'Yes,'explain the arrangement in Part XIV. art-V,. Endowment Funds.Comelete if organization anewemd'Yes'to Form 990,Part IV,lino 10, (a)Current year ph)Prior year (c)Too years back (d)1'hret years back (el Pour years Carl Ia E 9 of v balance _ _ _ ._ .ye or loess d• Grants cr csh h .:,'ps c Other cknonditn,e ter facilities, - _ g Erni ci year t .'c= 2 Provide the estimated per:, r.ge c: 'year ord trilorreaheld no: a Do::r'd'_ f .'_d or rifiesr'rootb^..,, h Pornen enl or dev:martt> ---- i c Te,.nnrc.: u._.. N- .e.. O, f t nd Lads rot hr the uessessies of filo rag :rite t n. are held and aitimIristored for the organize:._,. I I Yes I No ( unrolnico no''. e:o s __...._._ ... _... .... 3a(i) (13 innintrdo ._. ..._.. 3a(hh)I I 4 Do:"rite n ran.XIV t:'m I-„ndd u rses of the organizatin's en°ote:reef).,arc's. .-- Part VI (Investments-Land,Buildings,and Equipment.See Form 990,Purl X,I,re,10. PoSocpt on et is,a_ .erg (a)Cast Cr ether (b)Cest or other (c)Depreciation (d)F '3 va:Lie hookcovostntenl) basis(other) 14 I r:ntl j - -— -- O erns 53,018. 21,717. 31,301. -ogre,",-„ 17,758. 17,758. ,,cr ._ ... 9,979. 9,979 Total Add liras tat .rceiuen(,ul.�r e.�o'F yPLyt cttct, r �;oiol.i ._ D 59,038. schedule n(For,,960)2523 18 12160515 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO_____1. • LIBRARY SQUARE FOUNDATION FOR ARTS, Schedule D(Form 990)2008 CULTURE, AND SCIENCE 48-1268355 Page3 Part VIII Investments-Other Securities.See Form 990,Part X,line 12. (a)Description of security or category (b)Book.va'us (c)Method of valuation: Including name of security) Cost or endef-year market value Financial derivatives and other financial products Closely-held equity interests Other Total.Gel(b)should equal Form 990,Part X,c0l(9)lint t2.)0> -- - Part VIII1Investments-Program Related.Sea Form 990.Part X,line 13. (a)Description of Investment type (b)Book value (c)Method of valuation: Cost or end-of-year market value Telal.(Col lbl should equal Form 99),Part X,col 19)lino 19.1 t--I Part IX1 Other Assets.See Form 990 Part X,he 15. (a)D :;-Ncr, (a)bank value EXHIBITS IN PROGRESS 819,379. Total.(Coolmn(b)_should equal Form 990,Port X,col(S)fine tn.( _. _._._._. ' 819,379. I Part'X I Other Liabilities.See Form 990 Part X,line 29 (a)Description of i ra hty (b)Anm.1, Federal income taxes • Total.(^.o.,;gym(h,s ro''d equal Form 990,Perl k cc/(P)lice 25.). ...-..0.1 In Part XIV,provice the text of the footnote to the organiention's financial statements that reports the organizat'o;r's Iiebllly for unoorta'n tax positions under FIN 48. iz-2a03 Schedule D(Form 990)299II 19 121.60513 241612 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO LIBRARY SQUARE FOUNDATION FOR ARTS, , Schedu e D(Form 99G)2008 CULTURE, AND SCIENCE 4 8—12 6 8 3 5 5 Page4 Part_XF;= Reconciliation of Change in Net Assets from Form 990 to Financial Statements 1 Total rovonuo(Form 990,Part VIII,column(t1),line 12) .. 1 2 ,465 , 829 . ... ... .......... 2 Total expenses(Form 990,Part IX,column(A),line 25) .. .-. 2 2 ,629 , 0544 3 Excess or(deficit)for the year.Subtract line 2 from line 1 3 <16 3 , 2 2 5.> 4 Net unrealized gains(losses)co investments 4 5 Donated services and use of facilities 5 <11 ,9 0 9 .> 6 Investment expenses 6 7 Prior period adjustments 7 8 Other(Descrbo in Part XIV) a 9 Total adjustments(net).Add lines 4.8 9 <11 ,9 0 9.> 10 Excess or(deficit)for the year per financial statements.Combine lines 3 and 9 _ 10 <17 5 ,13 4.> Part XII: Reconciliation of Revenue per Audited Financial Statements With Revenue per Return 1 Total revenue,gains,and other support per audited financial statements i 2 ,908 ,886. 2 Amounts included on line 1 but not on Form 990,Part VIII,line 12: -- a Net unrealized gains cn Investments a , .. .. __.. b Donated services and use of facilities 2b 4 4 3 , 0 5 7. c Recoveries cf prior year grant; 2c d Other(Describe In Part XIV) 2d e Add lines 2a through 2d ., ... .. 2e 443 , 057 . 3 Subtract line 2e from line 1 3 2 ,465 , 829 . i 4 Amounts inc;udec on Form 990,Part VIII,line 12,but not on line 1: - a Investment expenses not:included cn Form 99C,Part Vill,line 7b 14a b tither(Describe in Part Xat . . . ... . . . . 4h C Add lines 4a and 41) ...... .. . .. ... .. . .. .. ........ .......... . .. ........ .. .... 4c 0 . 5 Total revenue.Add lines 3 and 4c.(This should equal Form 990,Part I,line 12.) 5 2 ,465 , 829 . I Part XIIII Reconciliation of Expenses per Audited Financial Statements With Expenses per Return 1 Total expenses and lassos per audited financial statements .... .. . -. .. . . . i 3 , 084 , 020 . 2 Amounts include:en I.r,=1 t_,lt nst co Form 990,Part IX,line 25: iiite: • 23 _5 4 , 9 . b Prior year adjustment; . ..... . .... . .. . ... ...... . ... . . . .. . . .. 252b • i c Losses reper`.ed cn Form 955,Part IX,lino 2 .. Part Xl,r, d ot'r,e•(�..._...�ei, ...... . .. ... . .. .. . .. .. .. . ... ... ... .. . . . .. .. 2d 2e 45r o66 . e Add lines 2a thrcuch 2d 3 2 ,629 , 054. 3 Subtract lino 2e from fine 1 .. .. . .... .... ... ....... .. .......... .. ... ............. .. . . 4 Amounts included.on Form 990,Pert IX,line 25,hut not cn Ire 1: Investment expense_not included cn Form 990,Fart VIII,!ice 7b . ... . .... . . ... 4a b Other fP_ose .,e in Part,... . .. .. .... ..... . ...... ... .. ..... .. ......... 4 t • 0 . c Ado lines 4a ar:c 45 `c I,lino 5 1 2 , 62 9 , 054 5 Totalexpenses.Add lines 3 and 4C•(I nIS SilCUid equal Form 990,Part .. .. ... Part XIV Supplemental information Complete this part to provide the descriptions required for Part ll,lines 3,5,and 9;Part III,lines la and.;Par IV,l,, es lb and 2b;Part V,line 4;Part X:Part Xi,Ins 8;Part XI,,liries end 4a;nod Part XIII,lines 2d and 4b. Schedule D(Form 990)2003 ;22;54 1:.2;-r 20 12160513 141412 LEO 2008 . 05000 LIBRARY SQUARE FOUNDATION F LEO 1 • SCHEDULEG Supplemental Information Regarding °"13 No. t54 '0 '" (Form 990 or 990-EZ) Fundraising or Gaming Activities xx^^ �Attach to Form 990 or Form 990-EZ.Must be completed by organizations that answer"Yes"to Form 990, • �oOV oerarm°m a n,eve�s.�y part N,lines 17,18,ar 19,and by organlzatlons that enter more than$15,000 on Form 990-EZ,line Pa. Opart To Pu�111Q `IrispectiQp . L. Name of the organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer Identification number CULTURE, AND SCIENCE 48-1268355 1-Part I-I Fundraising Activities.Complete If the organization answered"Yes"to Form 990,Part IV,One 17. 1 Indicate whether the organization raised funds through any of the following activities.Check all that apply. a ©Mail solicitations a XI Solicitation of non-government grants b Email solicitations t M Solicitation of government grants c Fi Phone solicitations g Special fundraising events d ©Imperson solicitations 2 a Did tho organization have e written or oral agreement with any individual(Including officers,directors,trustees or key employees listed in Form 990,Part VII)or entity In connection with professional fundraising services? I Yes No h It"Yes,'list the ten highest paid individuals or entities(fundraisers)pursuant to agreements under which the fundraiser is to be compensated at least$5,000 by the organization.Form 990-F2 filers are not required to complete this table. (i)Name of individual rp rg (iv)Gross receipts t(ov)Amrepb (yj)Amount paid 01)Activity to(or retained by) or entity(fundraiser) °°°'�moicsY from octivity fundraiser organization �om,�wnoosc listed in col.('I) Yes No MARY TULL CONSULTING X 0. 10,250. <10,250.> PATHWAY ASSOCIATES CONSULTING X 0. 8,000. <8,000.> SECHREST CONSULTING X 0. 12,000, <12,000.> WILLIAM H BOLLINGER CONSULTING X 0. 5,085. <5,085.> Motel E+ 35,335.i <35,335.> 3 fist all states in which the organization Is regsterod or licensed to solicit funds or has boon notilied it is exempt from ragistrat;en or licensing. ALL STATESwok _ LHA For Privacy Act and Paperwork Reduction Act Notice,see the Instructions for Ferns 990. Schedule G(Form 990 or 990-EZ)2C moue:'s-ri-or 21 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO 7. LIBRARY SQUARE FOUNDATION FOR ARTS, Schedule G(Form 990 or 990 EZ 2008 CULTURE, AND SCIENCE 4 8-12 6 8 3 5 5 Paget Partal. Fundraising Events.Complete if the organization answered"Yes"to Form 990,Part IV,Inc 18,or reported more than$15,000 on Form 990-EZ,line 6a.List events with gross receipts greater than$5,000. (a)Event*1 (b)Event a2 (c)Other (d)Total Events (Add col.(a)through ccl.(c)) (event type) (event type) (total number) 1 Gross receipts 2 Less:Charitab,e contributions ... .. .... 3 Gross revenue(line 1 minus line 2) ... .. ... . 4 Cash prizes . . ..... a 5 Non-cash prize C N t 6 Rent/faciiE/costs 0 7 Other direct expenses 8 Direct expense summer;.AddLr.as e -,t'hrc ugh 7 in column(''; ..... ...... . .. . . . ..... ..... .. . .... ... .. i<- 9 Net income summary.Combine lines 3 and 8 in column(dt . .. .. ... .. Part III' Gaming. Complete if the organization answered "Yes"to Form 990,Part IV,line 19,or reported more than 515,000 on Form 920-EZ,line ea. (b)Pu.hC,;Ths:ant Other cc r'nn (d)Total gaming(Ado r. (s)E;r,co Liti c. cossr. tines ( � ' ccl,(a)through ccl.(c)) L 1 Gross r_.a.-.t:a ... . . . . . - 2 Cash prize - a s n 3 Non-cas Cr._c . .. .. ... . . . Ran';f=.c:l.;v cos... .. ... . C i 5 Other direct expenses . . .. . . ...... .. .. I r I I Yes Yes t L_1 Yes C \•'ol:u':_.a'I_t.a fl] No I I NC i No 7 Direct ex sa SUS i Ad.:lines 2 through in cc un m(h. . .. . r .( 8 Net earning income summer;.Combine fines 1 and 7 in column(d) Yes I No 9 Ent rt'he state(s)i'n v,hich the organization coorates garring activities. r I n; gaming -- j a Is the crgn ::t:- t:enzed to operate gar ing activities in cacti of these states? . . . . . .. .. .. 9a I _ b It"No," E;pc.,. 10a Were any of tilt)crgan'.zaton's gaming licenses revoked,suspended or terminated durng the tax}yea'? 10a b If"Yes,'Explain: • 11 Does the organ tion oserate gaming activities with nonmembers? ... .. ._. . . . .. _1 v of n1 12 Is the organization a granter,ben=f'ciary cr trustee of a trust cr a member of a partnership or other entry formed to administer charitable gaming% . 12 Schedule G(Form 990 or 990-EZ)2008 n2ce2 St to-os 22 12160513 1 41 41 2 LEO 2008 . 05000 LIBRARY SQUARE FOUNDATION F LEO J1 LIBRARY SQUARE FOUNDATION FOR ARTS, Schedule G(Form 990 or 990-EZ)2008 CULTURE, AND SCIENCE 48-1268355 Page 3 Yes No 13 Indicate the percentage of gaming activity operated In: . a The organization's facility 13a % b An outside fact ty 13b 14 Provide the name and address of the person who prepares the organization's gaming/special events books and records: sir-Si7 dsor l: •.( Name Orr Address 15a Coes the organization have a contract with a third pagy Pam whom the organization receives gaming revenue? 15a b If''Yes, enter the amount of gaming revenue received by the organization)1. and the amount Vt of gaming revenue retained by the third party 11.S c If"Yes,"enter name and address: Name It. Address 11. ,,-,--„. • 10 GamIng manager information: • -d, Name Pr. Gaining manager compensation $ Desorption of see/ices provided .• L i D:rearodcff L contractor 17 Mandatory distributlons, a 13 the organization required under Scoff,la,to mak,charitable distdbutions born tile ganl,nor proceeds to ir•_ retain testate garalng license? 17a b Eller tht,amou,,t cf requir.1 under:Ito'',iecv distrI,Aed to other exempt organintions c agent in the ormaNz,-Won's roc,root azflvities durr,j'riot yoar S Schedule G(Form 900 cr990-EZ)2C09 1.2-13•03 23 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION 1, LED _1 • SCHEDULE J Compensation Information (Form 990) For certain Officers,Directors,Trustees,Key Employees,and Highest 2008 Compensated Employees onna<.,•.e r al OnAttach to Form 990.To be completed by organizations that Open t9 Public Intem.al Fe venue ear,. answered"Yes"to Form 990,Part IV,line 23. -,Ingpe64 6n Name of the organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer identification number CULTURE, AND SCIENCE 48-1268355 Part I, Questions Regarding Compensation Yes No la Chad;the appropriate box(es)it the organization provided any of the following to or for a person listed in Form 990, - _ Pad Vil,Section A,line 1a.Complete Part III to provide any relevant information regarding these items. _ FA Firstclass or charier travel EL Housing allowance or residence for personal use Travel for companions L 1 Payments for business use of personal residence Ili Tax indemnification and cross up payments Health or social club dues or Initiation fees Discret:ena;spending account Personal services(e.g.,maid chauffeur,chef) b I lire a is checked,did the organization follow e written policy regarding payment or reimbursement cr prevision of all of the expenses described stove?If No,"complete Part III to explain .... lb 2 Did the organ z aticn require substantiation prof to reimbursing cr allowing expenses incurred by all officers,directors, trustees,and the CEO/Executive Director,regarding the Isms choc'ucd in line 1a? 2 3 I„doctor aidol lrany,cf Cv tol cb,lg tha _n_aticn uses to estab:'h the cempersa,:en of the e_r:abon's G`D/G<ec,....c Droo'cr-Shed<Cl that M Compensation ccrcri:se M Written employment contract • L__ Independent ccmrpecsation L_I Compensation survey or study of c'h,r nrg ..,,rn [X I Approve'.by the beard or c m cn,_ten co"n'rl'e I t Durnc the',ea',d.h arc"percn'stacln Ferri c'QP,-t I'll,Section A,l,.e1z I a Pcceive aso -r ,n e s,..e control payment?_...... __._. dodo__. dod _... La X b Participate in or reccii,o payment her:,a sdppes.rrtnl rengozhfied ret sm rt plans dodo_. ._. __. .1b X e Padicicals in, race:ve paisisent from,as ers aytased compensation arrangement? dodo do do do do 4c X I`"Yen't.;or of r Sc-,,'1a•c I_Insporcer<,sa crssilae the app'colic amounts for ascii item in Port Ill. -- I Only 501(o)(3)and E01(c)(4)organizations must complete lines 5-11 F r perms L.,.,.,rn FS- -:Pan VP,Sect—co Sect-co A,line la,did the organization p^.,or zlocrue an,.ecn.yersntcc • cc l ngent on tHz.reVC,es cC a Ina orcrminaiicn? 5a X .. _ I; Any related organisation? dodo.__ ._ _.. dodo _. _. _ _ I 5b X ir'Yes,"to Pre 5a cr 5is,describe I.Pad l c r h _ors in9 , 0 t. t ` n.did,sr.-r .l`.nnps, asorse nay c To I c a: _ a The c ,a lac.O,. Oa X dodo dodo dodo dodo — b Any related eraar aton? .. Gb _ X dodo... _.. _.. .. It'Yes"to line Li or oh describe in Part III. I. 1 7 For persons toted in Form 990,Part Vli,Seotla,A,line 1a,old the crgarize7on previda any non-fixed pa; .,t dozcaboZ :iaoa 5 ant:6?i' Ye coot Oce in Part II'. ..._ _.._ 7 X C 1,Vc,,z rezorted I.Form 1.0 Ptiii VII,paid or nocrana puresa.t to contrast that was ,trio Ors isit•al contras,ekaeption described isReg,sestion 5340 3-4a,(3)?If e., describe in Part III dodo ........ 8 X I_HA For Privacy Act and Paperwork Reduction Act Notice,see the Instructions for Form 950. Schedule J(Form 990)200E ( 24 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO 1 LIBRARY SQUARE FOUNDATION FOR AhzS, Schedule J(Form 990)2008 CULTURE, AND SCIENCE 48-1268355 Page2 Part,11•1 Officers,Directors,Trustees,Key Employees,and Highest Compensated Employees.Use Schedule J-1 if additional space is needed. For each individual whose compensation must be reported in Schedule J,report compensation from the organization on row n and from related organizations,described in the instructions,on row(i). Do not list any individuals that are not listed on Form 990,Part VII. Note.The sum of columns(B)(ii)-(iii)must equal the applicable column(D)or column(E amounts on Form 990,Part VII,line 1a. (B)Breakdown of tVJ- and/or 1099-MiSC compensation (C) (D) (E) (F) Deferred Nontaxable Total of columns Compensation (A)Name (i)Base (ii)Bonus& (iii)Other compensation benefits (B)(i)-(D) reported in prior compensation incentive compensation compensation Form 990 or Form 990 EZ (I) (ii) (i) (ii) (i) (li) (1) (ii) (I) (ii) (I) (ii) (i) • (ii) (i) (ii) • (I) (ii) (I) (ii) (I) (ii) (I) (ii) (i) (ii) (1) (I) (ii) (i) (ii) Schedule J(Form 990)2008 832112 12-9 SCHEDULE M NonCash Contributions OMB No.1545.CC47 (Form 990) 10- To be completed by organizations that answered 2008 "Yes"on Form 990,Part IV,lines 29 or 30. Department of the Treasury Warne] Open to PublIc Revenue Service 116" Attach to Form 990. InspsictIcin—• Name of the organization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer identification number CULTURE, AND SCIENCE 48-1268355 Part 1. Types of Property (a) (b) (c) (d) Check if Number of Revenues reported on Method of determining applicable conthbutions Form 990,Part VIII,line 1g revenues 1 Art•Works cf art X 1 15 , 000.FAIR MARKET VALUE 2 Art•Historical treasures 3 Art•Fractional interests ...... . ....... 4 Books and publications 5 Clothing and hcuseheld goods 6 Cars and ether vehicles 7 Boats and planes 8 Intellectual property 0 Securities-Publicly traded 10 Securities-Closely held stock ..... ..... 11 Securities-Partnership,LLC,cr trust interests 12 Secuqes•Miscsl:anecu3 13 Qualified conservation contributioe (historic structeres) ...... ...... ..... 14 Qualified ccriseriation contribut,c-ri(other), 15 Real estate-Residential . . 16 Real estate-Corer:ler:jai . . I I 17 Real estete Other ..... 18 Collectibles 19 Fccd inventcry . ... . . 20 Drugs and meticel supplies 21 Taxidermy ....... . 22 Historical artifaets „ 23 Scientif c specimens 24 Archeolozicai a7tifeets ...... 25 Other 1)- ( 26 Other r> ( 27 Other ( 23 Other 29 Number of Forms 8283 received by the organization during the tax year for contributions for which the creanizaticri completed Form 8283,Part IV,Donee Acknowledgment 29 IYes No 30a During the year,did the organization receive by contribution any property reported in Part I,lines 1-28 that tt must hole fcr et least three years from the date of the contribution,and which is not required to be used for exempt purposes for the entire holding period? 30a X b If"Yes,"describe the arrangement in Pad II. . . _ 31 Does the organization have a gift acceptance poi cy that requires the review of any non-standard cent]ibuticns? 31 X 32e Does the organization hire cr use third parties or re'ated organizations to solicit,process.or sell nonoasn ccntributions? 323 X b If"Yes,"describe in Pad II. • . 33 If the organization de:not report revenues in column(c)for a type of property for which column(a)is chocked, describe in Pad II. LHA For Privacy Act and Paperwork Reduction Act Notice,see the Instructions for Form 090. Schedule M(Form 990)2008 0214' C3.11.09 26 12160513 141412 LEO 2008 .05000 LIBRARY SQUARE FOUNDATION F LEO SCHEDULE O Supplemental Information to Form 990 I °Ma"°1545,047 (Form 990) 2008 Attach to Form 990.To be completed by organizations to provide o°Partm�,i a o-,a additional Information for responses to specific questions for the Open Fq-Public Irta°aimavemesarv.. Form 990 or to provide any additional information. _ tespegtloii: Name of theorpanization LIBRARY SQUARE FOUNDATION FOR ARTS, Employer Identification number CULTURE, AND SCIENCE 48-1266355 FORM 990, PART III, LINE 2, NEW PROGRAM SERVICES: IN 2009, THE LEONARDO HOSTED BODY WORLDS 3, AN INTERNATIONAL TRAVELING EXHIBIT WHICH EXEMPLIFIES THE SCIENCE—TECHNOLGY—ART MODEL. OVER 290,000 MEMBERS OF THE PUBLIC, INCLUDING MORE THAN 26,000 STUDENTS, VIEWED THE EXHIBIT. FORM 990, PART VI, SECTION A, LINE 10: REVIEWED AND APPROVED BY THE FINANCE COMMITTEE. FORM 990, PART VI, SECTION B, LINE 12C: COMPLETED AS PART OF ANNUAL AUDIT. REQUESTS ARE MADE OF TRUSTEES, DIRECTORS, OFFICERS, AND KEY EMPLOYEES TO DISCLOSE CONFLICTS OF INTEREST. "'a1►. FORM 990, PART VI, SECTION B, LINE 15: BENCHMARKING DATA IS COMPILED FROM INTERNET SOURCES. COMPENSATION IS REVIEWED AND APPROVED BY THE EXECUTIVE COMMITTEE. FORM 990, PART VI, SECTION C, LINE 19: AVAILABLE UPON REQUEST SCHEDULE G, PART I, LINE 2B, COLUMN (V): ALL PAYMENTS TO FUNDRAISERS ARE PROFESSIONAL CONSULTING FEES LHA For Privacy Act and Paperwork Reduction Act Notice,see the Instructions for Form 990, Schedule 0(Form 990)2008 n3z2it 12 1 d-0s 27 12160513 141412 LEO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO Form 8868(Rev.4-2009) Page 2 • If you are filing for an Additional(Not Automatic)3-Month Extension,complete only Part II and check this box I X I Note.Only complete Part II if you have already been granted an automatic 3-month extension on a previously filed Form 8866. • If you are filing for an Automatic 3-Month Extension,complete only Part I(on page 1). Part Ili Additional (Not Automatic)3-Month Extension of Time.Only file the original(no copies neeoed). Name of Exempt Organization :,-_-'..F.: Employer identification number Type or LIBRARY SQUARE FOUNDATION FOR ARTS, __, print CULTURE, AND SCIENCE -- —_- .- : 48-1268355 File nd d Number,street,and room or suite no.If a P.O.box,see Instructions. :. _"_ For IRS use only extended - duedatafar ARTHUR & ASSOC. 175 S WEST TEMPLE STE 30 - :-- .. flhng the return see City,town or post office,state,and ZIP code.For a foreign address,see instructions. - - ; . _• _ _ _ rrsvucuors.SALT LAKE CITY, UT 84101 -----.• - .:. - Check type of return to be filed(File a separate application for each return): IXI Form 990 1 1 Form 990-EZ ! I Form 990-T(sec.401(a)or 408(a)trust) I Form 1041-A I I Form 5227 I Form 8870 I I Form 990-EL I I Form 990-PF I I Fcrm 990-T(trust other than above) I I Fcrm 4720 I I Form 6069 STOP:Do not complete Part II if you were not already granted an automatic 3-month extension on a previously filed Form 8863. THE ORGANIZATION • The books are in the care of ® 120 S MAIN — SALT LAKE CITY, UT 84101 Telephone No.9 8015319800 FAX No.P. • If the craanizeticn does not have an office or place of business in tho United States,check this box . . ©. Li o If fills is fora Group Return,enter the organi_zation's four dig t Group Exemption Number(GEN) .If this is for the whole croup,check this box PI.If it is for pal cf the group,check this box I LA and attach a list with the names and EINs cf all members the extension is foe 4 I request an addficnal 3-month extension cf time until MAY 15, 2010 . 5 For calendar year ,cr other tax year beginning JUL 1, 2008 ,and end.ng JUN 30 , 2009 . 6 If this lax year is for less than 12 months,check reason: I I Initial return I I Final return L_J Change in accounting period 7 State in deta'I why you nasa the extension SEE STATEMENT 1 Igag_ I ( this a;p ic_t or is fur Form E�,cc�•PF 99GT,4i 20,or 6069,enter the tentative tax,less any nonrefu nc'et.e credits.See instructions. Oa S ie If this appl',cs".. n is for Form 990-PS,990-T,4720,or 6069,enter any refundable credits and estimated tax payments made.Inc'.udo any prior year overpayment allowed as a credit and any amount paid - I pre.iouslyv;ith Form 886S. . Eb 0 c Balance Due.Subtract i.ne 5t.fromline So.Include your payment with this form,cr,if required,capes;: with FIB cost_ or,^if rscuired,by using EFIF S(Electronic Federal Tax Payment System).Soo instrsot,er.s. Ea 1 0 N/A Signature and Verifications Vide'penalties of peI I deco.-that I have examined this form,ircludirg accompany inc uhe du es an:"stale acl ,and lc lire bent cf ran r,n_'v ledge and tatiaf, is is true,coffee',andcomplete,asd I am a:thcrzed tc prepare this farm. Signature €> Title #' EXECUTIVE DIRECTOR 0v . I-- Fe-r:n.0803(R7..•-^ter:,: ( E23832. cam;-Os 28 '_2160513 141412 LEO 2008. 05000 LIBRARY SQUARE FOUNDATION F LEO 1 T,IBRARY SQUARE FOUNDATION FOR ARTS, CULT 48-1268355 FORM 8688 EXPLANATION FOR EXTENSION STATEMENT Lmlow EXPLANATION ADDITIONAL TIME IS NEEDED TO GATHER INFORMATION TO ACCURATELY COMPLETE RETURN AND FOR THOSE CHARGED WITH GOVERNANCE TO REVIEW THE RETURN PRIOR TO FILING 29 STATEMENT(S) 1 12160513 141412 LBO 2008.05000 LIBRARY SQUARE FOUNDATION F LEO t I 2007 Federal Exempt Organization Tax Summary Page 1 Library Square Foundation ( for Art,Culture,and Science 48-1268355 REVENUE 1, 573,743 I Contributions, gifts, and grants Program service revenue.. ......... .. . . ...• .... .... ... .. .•.... ...... . . 3,403 Interest on savings/temp cash invest 23,767 Net gain (loss) - noninv. assets/disp ... .. .. . ......... .... -399 Total revenue 1 , 600,514 EXPENSES Program services 461, 697 Management and general 828,441 Fundraising 366,378 Total expenses.. .. .. . 1, 656,516 NET ASSETS OR FUND BALANCES Excess or (deficit) for the yea- -56,002 Net assets/fund bal. at beg. of year. 2,792,173 Net assets/fund bal. at end of year. 2,736,1.71 1 1 i I I i I ( R 3 i i F } l C Y • 7 l 7 I l i 1 3�{(f 2007 General Information Page 1 . Library Square Foundation for Art,Culture,and Science 48-1268355 Forms needed for this return Federal: 990, Sch A, Sch B Carryovers to 2008 None 2007 Federal Worksheets Page 1 Library Square Foundation for Art,Culture,and Science 48-1268355 Form 990,Part II, Line 25a Compensation of Officers, Directors, Etc, Compensation Received (A) (B) (C) (D) Program Management Name Total Services & General Fundraising Philippe Wyffels 87,849. 43,925. 43, 924. 0. Mary Tull. 94,681. 18,936. 18, 936. 56,809. Alexandra Hesse 50,602. 50,602. 0. 0. Total $ 233,132. $ 113, 463. $ 62,860. $ 56,809. Employee Benefit Plan Contribution (A) (B) (C) (D) Program Management Name Total Services & General Fundraising Philippe Wyffels 0. O. 0. 0. Mary Tull 0. 0. 0. 0. Alexandra Hesse 0. O. O. 0. Total $ O. $ O. $ 0. $ O. Expense Acct. & Other Allowances (A) (B) (C) (D) Program Management Name Total Services & General Fundraising Philippe Wyffels 0. 0. 0. O. Mary Tull 0. 0. 0. 0. f Alexandra Hesse 0. 0. 0. 0. i Total $ O. $ 0. $ - 0' O Projected Support Schedule for 2008 Tnisw�orksheet projects it the orcanZalian'will meet the s.:sec•t test for tee tea year 20t8 based on tee i:i s.,.�•�n �..55to,the column 2'0% data en:ere� - Support Items 2007 2005 2005 2004 Total (a) (b) (cl (dl (el 15. Gifts, grants, and 1,538, 157. 149,238. 1, 930,973. S09,268. ,427,656. I ccr.tributices to. Eesibs_st_ir fees _eoe_ ed 0. 17. Gross receints f roec 0 cdoissicns, nerctlandise sold or services performed, or furnishing of facilities in any activi. that is related to the organisation's cha`_tate : Se 1 ::LO 0. Gros incose from interest, st, 23, 368. 76,358. 4, 084. 104_, 710. dividends, y..sa - ne Ieceived frost payments on securities Loans, rents, royalties and unrelated_ business taxable ir.cewe fro:: businesses ace:Arad b_,• the organization after (120/1975 19. ;le!. LESSJT frort ucreletef 0. business :iv_ties rot _r.cludod in line -G 2007 Federal Worksheets Page 2 , Library Square Foundation for Art,Culture,and Science 48-1268355 „` Projected Support Schedule for 2008 (continued) This worksheet projects if the organziation will meet the support test for the tax year 2008 based on the data entered in screen 55 for the column 2007 20. Tax revenues levied for the 0 organizations benefit and either paid to it or expended on its behalf 21. The value cf services cr 0 facilities furished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge 22. Orher income. Dc not include 0 gain (or less) from sale of capital assets 23. Total cf linos 15 through 22 1,561,525. 225,596. 1,930, 973. 814,272. 4,532,366. 24. Line 23 r.,irOs line :7 1,561,525. 225,596. 1, 930, 973. 814,272. 4,532,366. 25. Fnter 1% cf line_ 23 15, 615. 2,256. 19,310. 8,143. Organizations described on line 12: 27a. Total amounts from lines 15, 16, and 17 from disqualified persons O. 27b. Line 17 amounts from disqualified persons larger than line 25 or $5,000 0. 27c. Amounts from column (e) for lines 15, 16, 17, 20, and 21 4,427, 656. , , 27d. Total of lines 27a and 27b O. 27e. Public support (line 27c minus line 27d) 4,427, 656. '64, 27f. Total support for section 509(a) (2) test (line 23, column (e) ) 4,532,366. 27g. Public support percentage(line 27e diviided by line 270 97.69% 27h. Investment income percentage(line 18,column(e)divided by line 27f) 2.31% V � . • IRS e-file Signature Authorization Form 8879-EO for an Exempt Organization CMG ND.1545-III78 Fo•cal_ncar yea'2007,or fiscal year beginring 7/01 ,2007,and ecdirg 6/3 0 , 2008 . Debarlment of the Traasu7 ** Do not send to the IRS.Keep for your records. 2007 Inter-al Revenue_Serene 1- See instructions. Return ID(2C-d.git number) 87058920081350600005 Name of exempt or^,an:zalcn Employer Identification number Library Sauare Foundation for Art, Culture, and Science 48-1268355 Name and title of ofbcer Alexandra Hesse Project Manager Part=l Tax Return and Return Information (Whole Dollars Only) Check:he box for the return for wIn ch you are using this Form 8879-E0 and enter the appplicab'e amount from the return if any. If vcu check the box on line la,2a,3a,4a,er 5a,below,and the amount on that line for the return for which you are fling this form was blank, Then leave line lb,2b,3b,4b,or 5b,whichever is applicable, blank(do rot enter-0-).But,if you entered -0-on the return,then enter-0-on the applicable the below. Do not complete more than 1 line in Part I. 1 a Form 990 check here X b Total revenue,if any(Form 990,line 12)........ tutu . ......... . .. lb 1,600,514. 2a Form 990-EZ check here _J b Total revenue,if any(Form 990-EZ,line 9).. tutu . ......... tutu 2b 3a Form 1120-POLcheck here.. ... b Total tax(Form 1120-POL, line 22). ... tutu tutu ........... 3b 4a Form 990-PF check here ... b Tait Based on Investntert Income(Fern 99C-PF,Part VI,Ilse 5) 4 b 5a Form 6E68 check here.. . b Balance Due(Form 8868,lice 3c) 5h Part•fl, Declaration and Signature Authorization of Officer Under penalties of perjury, I declare that I am an officer of the above organization and that I have examined a copy cf the ereanizatior's 2007 electronic return and accornpany:ng schedules and statements and to the best of my knowledge arc belief,they are true,correct, and complete. I further declare that the amount in Part I above is the amount shown on the copy of the organization's electronic return, I consent to allow my intermediate service prov•der,transrlit:er,or electronic return originator(ERO)to send the organiza:on's return to the IRS and to receive from the IRS (a)an ackncwlecgement of receipt or reason for rejection of the t'ansmiss'cn, (b)an indication of any refund o'fse:,(c)the reason for any de.ay in processng the return or refund,and (d)the date cf any refund. If app'lica'bl I authorize too US. Treasury and its des:rnated Finenc al Agent to nitiate an electronic funds wandrawal (direct denit)entry to tre financial i.nstitut on account indicated in the tax preparation software for payment of the o'gan;zation's federal taxes owed on this return, and too f nanc'al inatihutle^ to debit the ent'y to this account.To revoke a payment, I must contact the U.S.Treasury Financial Agent at 1-868-353-4537 no later than 2 business days prier to the pa;mert(settlement)date. I also autnorize the 4nancia' institutions involved inthe processing of the elect'onio payment of taxes to receive confidential information necessary to answer incol'ies end resolve issues related to the payment. I have selected a y'LCnal itSnt.ticatlon number(FIN)as try sionature for the ercanization's electronic return and,if applicable,the o'gan,zaticn's consent:oc'e_trcr,ic funds',vitt'ar=.•,:a'. Officer's PIN:check one box only )1 au:,ion= COLLIER FINANCIAL SERVICES, INC to enter ray Pli; as my s'ignet..re ERO Firm name du not ewer all zeros en the c•gan zaticn's tax yea'2007 electronically f led return. If I have indicate°within!:h e return the:a copy of the return is ce ng filed with a state agency(ies) regu aErr chant es as part of the IRS FedrState p'ocrom, I also authorize the afcrerrent:onat ERO to ente'my PIN on the return's d-sclos.re consent screen. As an o'tice,of the organization, I will enter try PIN as my sgnature on the organize;on's tax year 2007 electronically.filed return. If I have ndlceted tdi;`t n this return:ha:a copy of the return is being filed with a state a cy(cc) regu ating ct,arhh.es as port of the IRS Fa:rS:otz progra-. I II enter ow F'N cn ti-e return's d sclosu e consent screen. Part lit I Certification and Authentication _ ERO's EFIN!PIN.Enter hour_...-d g t EFlN to lorded oy your five-digit salt-selected PIN tutu . . . . tutu tutu 87058 906121. do not enter all cares I certify hat Ida above numeric entry In rev PIN,1'rn eh is my signature on the 2C07 electronically filed return fo' the organization indicated above. I confirm hat I am suhr itt ng this return in accordance with the requ remonts of Pub.4163, Modernized e-File(MaP) Information for f.uthorized IRS e.,';ie Prov,c'er;. CRG'a sigeul en ERO Must Retain This Form—See instructions Do Not Submit This Form to the IRS Unless Requested To Do So BAA For Paperwork Reduction Act Notice,see instructions. Fora 8379-EO(2007) 1EEA7itlL c7;lac, 990 ONO No. I545-0C47 Form Return of Organization Exempt From Income Tax Under section 501(c),527,or 4947(aX1)of the Internal Revenue Code 2007 (except black lung benefit trust or private foundation) .may Department cf the Treasury ;;;Open t0`f uhIIC' Internal Revenue Servlce(R) 1.. The organization may have to use a copy of this return to satisfy state reporting requirements. : -lnspeetiori -_= , A For the 2007 calendar year,or tax year beginning 7/01 ,2007,and ending 6/30 , 2008 B Check if applicable. pie. C D Employer Identification Number Address c,a,ge IRSlabele LibrarySquareFoundation 48-1268355 Name chance orPnet for Art, Culture, and Science YP E Telephone number I initialre.t.un specific PO Box 2129 801-531-9800 instruc- Salt Lake City, UT 84110 count in Termicaticn dons. F mAcethod: ri Cash U Arms' Amended return Other(speedy)11' I Applicalio,pending .Section 501(c)(3)organizations and 4947(a)(1)nonexempt H and are not apoiicable to section 527ordanizafions. charitable trusts must attach a completed Schedule A H(a) Is tnis a g'oup rot.rn for animates? Yes X No (Form 990 or 990-EZ). _H(b) I 'Yes,'enter nimbe•of atfiliz:es ► _ G Web site:► WWW.theleonardo.org H(c) Are a!I affiliates fn_luded' JYes `No J Organization type 0- 1"I� (t'No,'attach a list See instructions) (check only one) 5C'(d 3 (Insert no.) I 4947(a)(I)or n 527 H(d) Is t:,is a secarate return filed,by an K Check here ► if tie organization is not a 509(a)(3)supporting organ'zation and its orga,izatio,covered by a group ruling? n yes I^I N. gross receipts are normally not more than$25,000.A return is not required, but if the I Group Exemption Number... ► organization chooses to file a return, be sure to file a complete return. M Check ►U if the organization is not required L Gross receipts:Add lines 6b,8b,9b, and 10b to line 12 1,600,913. to attaci Schedule B(Fern 990,990•EZ,or 990•PF). Part,l:•._ Revenue. Expenses,and Changes in Net Assets or Fund Balances (See the instructions.) 1 Conlrihut,ons,gifts, grants, and similar amounts received: :_.. a Contribut t ors )donor advised funds......... . b Direct public support(not included on line la). lb 1,292, 112. ti__ c Ind.reo:public.support(not included on line la) 1 c d Government ccntrioutions (grants) (not included on line la) 1 d� 281, 631 e Total(add fins lalhr(L.gh I c)(c;:,r $ 1,549,500. renew, $ 24,243. ) l0 1,573,743. 2 Program service revenue including government fees and cont'ects(from Pa-: Ill, hoes . .... . . 2 3, 403. 3 t,lensbcrohip dues and assessments . 4 b lare_t o., savings and tom;oray cash imestments 4 23,767. AMA 5 Dividends and into. from securities........ .. . . . .... .. . . .... ............. .. ... ... 5 . Ea Gross ren`s 6a b Les:: rant:!ex7e,ses L 66 c Net income cr(loss), S.tb:met line 65 from lire Ca ... .... .. r 7 Otio: ins _.,,,cat incorno (describe ► ) 7 1 E f (A)Secunt es I (B)Other E 8a Gross amount rom sacs of assets o1ne' _ N than inventory .. ... ...... .... . .... .... ... 8a u b Less..cost or olio'bass and sans expenses 399. 8b I.:.. .'- t c Gni,,c-(lc s)(edicii schect. Statement.1 . —399. Bc d Net c;ain cr(loss). Combine line 8c,columns(A)and (3) I 8d -399. S Special tents and activities (attach schedule), If any amount is from canting,check be'e. ... ►.n . '" a Gross revenue (rot including $ of contributions - reported en ire lb) oa b Less:direct expensesfundrasing other tier expenses.... .... 9b c Net income or(loss) from special events. Subtract lice 9b from line 9a. ............. .. . ........ .. 9c 10a Gross sales of irventcy, less returns and allowances..... . .... .... 10a - b Less:cost of goods soli 10b -- c Gress petit er(loss)f era sales of inventor/(attach scliolule).Sbbtract Imo 1Ch from lire i Ce 10 c 11 Cher revenue(from Pa•t VII, line 103) 11 12 Total revenue.Add lines le, 2,3,4,5,6c,7,8d,9c. 10o, and 11 12 1,600,514. E 13 arograrn sere ices (from line 44,column(B)) 13 461, 697 e 14 Managementt and concrai (from line 44,co umn(0)). ...... .... .. . . 14 828,441. 11 E 15 Fundraising (from I:n•o 0', column(D)) .. .. 15 366,378. s 16 Payments to effil e':,s(attach schedule).. E 16 s 17 Total expenses,Add lines 16 and 44, column (A) _ . . . 17 l 1,656,516.. A 18 Excess or(de-x..t) for the year.Subtract line 17 from line 12 . . 18 1 —56, 002. Es 19 Net assets or fund balances at beginning of year(from line 73, column (A)). .. ..... ..... ..... ... 19 I 2,792,173. T T 20 Oilier changes in net assets c•fund balances(attacn explanation) L0 s 21 Net assets or fund balances at end of year. Combine lines 18, 19, and 20. . 21 2,736,171. BAA For Privacy Act and Paperwork Reduction Act Notice,see the separate instructions. Tazr.olue. 12¢7•c7 Fc'n,990(2007) Form 990(2007) Library Square Foundation 48-1268355 Page 2 P.ait11_ Statement of Functional Expenses All organizations must complete column(A).Columns(B), (C), and(D)are required for section 501(c)(3)and(4)organizations and section 4947(a)(1)nonexempt charitable trusts but optional for others. (See Instruct.) Do not include amounts reported on line =-_ (A)Total (B)Program (C)Management (D)Fundraising 6b, 8b, 9b, 10o,or 16 cf Part!. `:• services and genera! aid from dorcr advised ==-- " _--_ - -• - _ =---_ 22aGansp :_- ___ _ _= __ - -___ funds(attach soh) -_ __= _ _ _- __-_-- -_1 (cash $ _ _ _-_= non cash $ ) = __-_ =_ _ = _ If this amount includes ___--- - _ - __ foreign grants,check here.. . 22a = -_ --.a-- _ -- ___ 22b other greets and altocaticns(ett sae) _'=_ - = _ _ - --_--- -•-_ (cash $ __ _= _ non-cash $ ) =_= _ - -_- If this al~ouni icchtdes - ___ -__._ _ - -_ = _-=-__ foreign Grants,check Fere. E�.... 22b -- --_- ----_ -=__ - - to indiv.c'uals - ___ _ ---' - - _ -__-- 23 Speci(attar lc assistance __ __- -__ -.--...'!.:if':.. _-__ -- -_. _ ,---- (attach schedule).... 23 ----- - _ .. 24 Benefits pair to or for member (attach schedule) . . . 24 .-..- 25a Compensation of currert o'Lcers. directors, key employees,et_.Is:ad it Part V 25a 233,132. 113,463. i 62,860. 56, 809. b Compensation cf former offices, directors, key employees,etc.I.s:ed it Part V-6 25b 0. 0. 0. ! 0. c Compersat:on and other distributors,not included above,lc d:squa!ified persons(as defined under sectici 4353(r)(1)1 and persons desr.ribed in sr csit :-a3(c)(3)(B: ... . .. .. .. ...... 25c 0. 0. - 0. 0. 26 Salaries 7..d cranes o`emo'cyees not 27, 175. 22,778 induced on 1:-:es 25a, ,and c .. 26 83,740. 33,787. 27 Pension pIca cnnt'iLrtcns not included on Ines 2 e, b,and c... 27 \ 23 Employee benefits not included cn I In_s2be -2-... .. ..... . .. . 28 23 = ,roll taxes 29 j 25,650. 11,461. 8, 085. 6L104. 30 1 92 730 92,730. 30Profess coin f� .�, In_ fees.. .... r 31 Acccun:inc fees .. ... .... . 31 j 46,317. 46,317. 32 Legal fees .. . . ...... .... . 32 j 32,777. 3,446. 29,331. 33 SJpplies... . .... .... ... .... . 33 17,379. 6,771. 1 7, 391. 3,217. 3-4 7,090.1 614. 1 5,582. 894. 35 Pe,staae.a-d sh r.T.in7, 35 1 1,443. 423. 1 918. 102.- 3' 64 006. 36,225. 1 25,783. i;.n:er,t rental coo noi:tcn nce .. . 37 2,266. 2,041. 1 7 _ 5. 170. 33 P-h-.Ing c:-J G-rb!i.:_tlor, . .. . . 38 6,947. 2,409. 1 3,593. 945. 16,649. 5,995. 1 6,350. 4,304. 40 Ccrcrerces,conr.ee'cot,a:.'n:eeb o .. 40 j_ 4,331.1 2,765. j 1 ,566. 41 Interest... 41 2,668. I 2, 668. - 42 Cef:r..;ra:cr;ce;a `t ,etc(:'ta='r:sc',=t.,�e .. 42 60,149. 60,149� 43 Cte?r e:f r.i sec r:;:cc!.e-ed ahc•,e(l.mize'.' aSee State,::ent 2 43a 959,240. 240,297. 540, 618. � 1.78, 325. b .= 43 b c 43c I- d 43ct j e 43 e f _ - 43f 0 43eI — 44 Total functional experses.And lines 22a lhroug'i 43g.(Orcanizalmrs ccrrole:iec couires n 441 . 366,376. (3) (0).carry these tct3lstclin3 es' -15)... :61. 44 1,656,516. , 697. o28, - Joint Costs.Chet!:. `1i if you ate follo:v:n SOP 95-2, (\ A-e any joint costs frcn:a combined educational cnmpair,'n and fundraisi tg so(citation scooted in(B)Pr g onr seivi,us... . . '-1 Yes _'X I Ito P,_...` If'Yes,'enter(i)the a'_�•eca`.=amount of these joint costs $ (ii)the amount alloca'rc.to � , r se^:ices $ w the amount a located to h anagemen:and general $ ; and(iv):he amount allocated to Fundraisinc S BAA T-EAC172L 05102F07 Form 990(2007) Form 990 2007) Library Souare Foundation 48-1268355 Page 3 Part 11%-: Statement of Program Service Accomplishments(See the instructions.) Form 990 is available for public inspection and,for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully descri bes,in Part IN,the organization's programs and accomplishments. What is the organization's primary exempt purpose? ► See Statement 3 Program Service Expenses All organizations must describe their exempt purpose achievements in a clear and concise manner. State the numoer of (Re uhed nor=o1fc1(3)anc clients served,publications issued,etc.Discuss achievements that are not measurable. (Section 501 c 3 and (4)organ- `�)7 nizarusts and izations and 4947(a)(1)nonexempt charitable trusts must also enter the amount of grant and allocations)to othr .)g optional t'orne'r nt s.) a See Statement 4 (Grants and allocatiors S )If this amount includes foreign grants,check here f 461 697. b (Grants and allocations S ) If this amount includes foreign gran:s, check here c (Grants and allocations $ )If this amount includes foreign,grants,check hers ► rl c (Grants and allocations $ ) If this amount includes foreign g:ants,check here e Other program sery ces... ......... .... . (Grants and allocation; $ ) If this amount includes foreign ; ants,check here ►' f Total of Program Service Expenses(should enuai line ,column(B),Procram services) ► 461, 697 e'r'T Form 990 (2007) • TEEI5101L 12.27r07 Form 990(2007) Library Square Foundation 48-1268355 Page 4 Pait-lV;;..I Balance Sheets (See the instructions.) Note: Where required, attached schedules and amounts within the description (A) (B) column should be for end-of-year amounts only. Beg nn:ng cf year End cf year 45 Cash - non-inserest- earirg 81,677. 45 40,161. 46 Savings and temporary cash investments .. . .... . ....... .... . .... 286, 837. 46 818,045. 47a Accounts receivable 47a 10,319. _�,_' b Less: allowance for dcubtta'accounts. ...... . ... 47b 47c 10,319. 48a Pledges receivable 48a 1,765,706. .-_.. b Less: aiovrance for doubtful accounts. . .. 48b 5,857. 894, 784. 48c 1,759,849. 49 Grants receivable.. .. .... ...... . .. . ......... .......... .... .. .... 49 50 a Receivables from current a^d former officers,directors, trustees,and key employees(attach schedule) . .... ...... ................... .... .... . .. 50ai b Receivables from other disqualified persons((as defined under section 4958(f)(1)) 50b and persons described in section L958(c)(3)(B)(attach schedule). .... .. . .. A S : _ s 51 a Other notes and loans receivable —_- • E (attach schedule). 51 a 336,893. T 284, 860. 51c 336, 893. s b Less: allowance for doubtful accounts.. .... ..... 51 b 52 Inventcr'es for sale or us .. ... 52 53 Prepaid expenses and deferred charges .... .. .... . ... ... . .. . .... 3,264. 53 2,737. 54a Investments -publicly-traded securit es ...Stmt 5. .. » —_Cost ( I F`sl'.' 565, 000. 54a 25,000. b Investmen:s -ether securoes(attach soh). . .... Cost fL�J FMV 54b 55a Ir•vestmen:s - lard, ha Icings, &e:qa pman`:basis 55 al 146,837. b Less: accumulated deprec at.cn =- (ettech sc;decle) Statenent..6... 55b - 106,420. 99, 551. 55c 40,417. 56 In estmocts - ether(attach schedule) 1 56 57a Land, bulbinge, arce;uiprrent:basis .... ... . 57al .s.:.,.:.:.. ' b Less: r c:xnulat d dcamciaticr .: (attac .scned-re` ... . .... .... . .... . .. . 57b 57c 53 Oh:ne,assets, ir,eludircr.. yet-gram-related in-vestments (describe See Statement 7 -_ ) . 771, 509. 53 758, 180. 59 Total assets(must equal line 74). Add lines 45 through 58 ... . . . . . 2, 987,482.1 59 I 3,791, 601. 60 Accounts sayable and accraed expenses . . .. . ........ . . .. . .. . 195, 309. 60 165,795. 61 Grants payable . .... .. ..... . .... .. . .. 61 520,000. L 62 Deferred revenue .. ..... . ... . .. ... 62 1 I . A e 63 Loans from o-.cers,directors,trustees, arc key 1 ernplc•--ees(attach schedule) .... .... .. . ..... j fi3 L I 64a Ta •exemot bond Iiac,it'es(attach schedule) . . . .. .. .. . 64a b Part a, air,efu.-r.oteacam ble(attachsctrcdi .. . .. . . . .. 64bi 333, 655. 8..... .. .. .... ). 195, 309.i 66 s 65 Otna I ab lines (describe See Statement 1t65r 35,980. 66 Total liabilities.Add I nes 60 t'rouah 65. ....... 1,055, 430. Organizations that follow SFAS 117,check here X and complete liras 67 .I tnror - lii 8-9 and I nes 73 and; . 7 A 67 Un'eslric`ed.. ......... . . .. .... .... . . .... ........ .... . . ... 1,345, 087 . 67 1,642, 996. c68 Temocrar ly restrictcc..... .... .. ............. .... .... ... 1,447, 086. 68 __ L 093, 175. s 69 Pe,manently rectri•_tec..... .... .. ........ .... .. . ... .... . . .... . I G9 o Organizations that do not follow SFAS 117,check here► I and complete linos R J r 70 t`rc.:gn 74. ra 70 Cap::al stook,test pr.nc:pa',or current funds. .. . . .. 70----_-- O 71 Fa d-lr cis capital surplus, or lard, ba!din„ and equipment land.. . .. .... . .. 71 R . 72 Retained comings,eroow,ment. accamu sled income,or other funds ... .. . .... 72 - r 73 Total net assets or fund balances.Add lines 67 through 69 or lanes 70 trough 5 72 (Colurrn (.^!must equal line 19 era column(B)must equal in 21) 2,792, 173. 73 2,736, 171. 74 Total liabilities and net assets/fund balances.Add lines 66 and 73 2, 987, 482. 74 3,791,601. BAA Form 990 (2007) i. Form 990(2007) Library Square Foundation 48-1268355 Page 5 f.Paft1V:'A`. Reconciliation of Revenue per Audited Financial Statements with Revenue per Return (See the ,,, instructions.) a Total revenue,gains, and other support per and ted financial statements a 1, 600,514. b Amounts 'ncluded or line a but not on Part I, line 12: 1 Net unreal zed gains on investments . .... • .•.,..•....... bl 2Donated services and use of facil`.tes. 3Recoveries of prior year grants b3 40the'(specify): b4 Add lines bl through b4 b c Subtract line b f'om line a. c 1, 600, 514. d Amounts included on Pa't I,line 12, but not on I ne a: 1 Investment expenses not included on Part I, line Lb. d1 20the'(specify): d2 Add lines dl and d2 e Total revenue(Part I, line 12).Add lines c and d ► e 1, 600,514. Patt:IV�6 Reconciliation of Expenses per Audited Financial Statements with Expenses per Return a Total e xcerses and losses per audited financial statements a 1,656,516. b Amounts inc:uded on line a but not on Part I, line 17: 1 Ccnated services and use of facilities.. .... .... .. ........ bl............ 2Pr or year adjustments reported en Part I, line 20 b2 1 o LGss.eS rc'.cC'icd en Part I, line 20 ... b3 4Ot.ler(speCi f): •.. .... b4 Add lines bl tn.rougn b4. b c Subtract ln b from inea.. .. . .... . .... .... .. ... .... . .. ... .. .......... ..... .... ... .. c 1, 656,536. "iAl d Amounts ir,cluc'cc cn For:I.I ne 17, but not on I,re a: 1 Inves:mert expenses rot included on Part I, line Lb. . d1 20tihe'(specif,),: d2 • Add lines dl and d2 dl e Total expenses(Part I.line 17).Add lines c and d ► e f 1, 656,516 Part=Vr l Current Officers, Directors.Trustees,and Key Employees (List eac'n person who was an officer,director, trustee, c' key employee et cry time during the year evert'f they were not compensated.) (See the;ast!bc(ions.) (B)Ti:a and average hou-s (C)Compensation (D)Contributions to (E)Excense (A)Nair,.<. address per wee',,devote:,' (if not paid, employee benefit andc.ccount other to position enter-0-) plans and deferred allowances compensation piers See Statement 9 233,132. 0. 0. BAA TEEAG1C5L o=rcz-o: Form 990(2007) • Form 990(2007) Library Square Foundation 48-1268355 Page 6 Part"YA Current Officers, Directors,Trustees, and Key Employees (continued) Yes No 75a Enter the total number of officers,director,and trustees permitted to vote on organization business at board meetings... 12 • b Are any officers,director,trustees,cr key employees listed in Form 990,Part V-A,or highest compensated emp:oyees listed in Schedu'e A, Part I,or highest compensated professional and other indecendent contractors listed in Schedule A, Part II-A or II.B, related to each other through family or business relationships? If'Yes,'attach a statement that — = - identifies the individuals and explains the relationship(s) . . . 756 X c Do any officers, directors,trustees,or key employees listed in form 990,Part V-A,or highest compensated employees listed in Schedule A, Part I,or highest compensated professional and other indecendent contractors listed in Schedule A, Part II-A or II.S, receive compensation from any other organizations,whether tax exempt or taxable,that are related - to the organization? See the instructions for die definition of'related organization' 0" 75c X If'Yes,'attach a statement that includes the information described in tie instn,ctions. :::.__t` d Does the organization have a written conflict of interest policy? 75d X Part V=B. Former Officers, Directors,Trustees,and Key Employees That Received Compensation or Other Benefits(I`any former officer,director, trustee,or key employee received compensation or other benefits(described be ow) during the year,list that person below and enter the amount of compensation or other benefits in the appropriate column. See the insth.:ctions.) (C)Compensation (D)Contributions to (E)Expense A Name and- morass (B)Loans and (if not paid, employee benefit account and other O me "` Advances enter.0-) plans and deferred allowances compensat•on olans None - I I` 'Part:Vl= Other Information (See the instructions.) ( Yes No 76 Did the orga-Imzation make a change in its activities or methods of conducting activities? If'Yes,'abash a de`. iled s:a'.sment of each chant . 76 X I 77 Were any c. es m e a.. in crc- ,rizir cr governing documents but rot reportad to the IRS 77 - X If'Yes.'e.t_el confp•msd:cop.o thech_Um:ae. 75e Dci the cr,,r- _,tiu-, tO ,t:r.ralated t-s ruescr _• is ccrnc cf$,,000 or more d_rrir. t yes:covered by t',-JIs re-_:'n? . 78a X b If'Ycs,'trs it flied a tax return cn Form 900-T fr(h's year? ..... . .. . . . . . .. . . ... . . . 78b N/A 79 Was:here a li uidati.n,di=_s•elution, termination,cr substantial contraction during the year? It'Yes,'attach a statement... .. . ........... .... ......... .. . .. . .... .. . . 79 X • 80a Is the cr i re nted (ether than by association whn a statewide or no:0nw do organization)through cot-mien .— • mernbe chi,_ ,:-ring bcc a=, trustees,off.cros etc, to any otha-exempt or nonexempt organ zetiai? ... ... . . . . 80a X b I; (e=,' t-'e onme of tic orr ;izr.t erg N/t_ - V and check whether it is exempt or Li nonexempt. - ; 81 a Enter d rn:and indirect political expend turee. (See I ne 51 instruct one.)..... ... . 181 a! 0 . - - b Did the o'oan'zaticn f le Form 1120-POL for this year? . . . 81 b X BAA Fond 990 (2007) 12r2 Form 990(2007) Library Square Foundation 48-1268355 Page 7 Part VI Other Information (continued) Yes No APIOW 82 a Did the organiza:on receive donated services or the use of materials,equ,pment,or facilities at no charge cr at substantially less than fair rental value? 82a X b If'Yes,'you may indicate the value of these items here. Do not include this amount as revenue in Part I e'as an expense in Part II. (See instructions in Part III.) 182bl N/A i-<< ;,f_' 83a Did the organizaton comply with the public inspection requirements for returns and exemption applications?. 83a X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions?. 83b X 84a Did the organization solicit any contributions or gifts that we'e not tax deductible? 84a X b If'Yes,'did the organization include with every solicitation an express statement that such contributions or gifts were <; not tax deductible. 84b N/A 85a 50l(c)(4), (5),or(6).Were substantially all dues nondeductible by members? 85a N/A b Did the organization make only in-house lobbying expenditures of$2,000 or less? 85b N/A If'Yes' was answere6 to either 85a or 85b,do not complete 85c through 85n below unless the organization received a waiver for proxy tax owed for to prior year. c Dues, assessments, and similar amounts from members 85c N/A d Section 162(e) lobbying and political expenditures 85d N/A = `. ='_: e Agg'egate nondeductible amount of section 6033(e)(1)(A)dues notices... .. ........... 85e N/A ;,,_ ' =::;.s i=L-. f Taxable amount of lobby rig and political expenditures(line 85d less 85e).... .... 85f N/A__:.__ .; •_ g Does the orcaniza:oon elect to pay the section 6033(e)tax on the amount cn line 85f? 85g N/A h If section 6'C33(e)(I)(A)cues notices were sent,does the orcariznrior agree to add the amount or.line 85f to is reescnab'e estimate ct cues a losable to cor.deductible lobbying and political expend tares far the foicwing t:x year' 85 h N/A 86 501(4(7)ergo^;cutlers.Enter: a Initiation fees and capital contributions inc'udec on - - - • lirel2 E6a1 N/A'== - = - _ b Gross receipts, included or. line 12,for public use of club facilities .. .... .... .... ... 86b N/A - - _- -- 87 501O(12n orgacizallons.Enter; a Gross income f'om mcmbe's or shareholder . .... . . 87a N/A= i':.: =' b Gras income from other sources. (Do not net amounts clue or pa'd tic ether sources _ _ ___- C:g-rrst ai-no i-' s due cr received from them.).. ............ .,.. .... . . ?'L N/A =__ 83a At any time during the year,did the organization own a 50,b cr greater int r c ^•st In taxed:e ccr� 'a:'c-c'p[:rtncrsh r _<a: -•-' __ - or an entity d s-egerded as separate from the organizat on under Regulations sections 301.7701-2 and 301.7701-3? If'Yes,'complete Part IX. 83a X b At any time during the year,did the organization,di'ectl•i or indirectly,own a ccnbc'I enlL' witai7 the rr,e n.nc of sectier.512(b)(13)? If'Yes,'complete Part XI ► 88b X 29a 507(o)(3)crg...,.z tic.,,:. Ent. : Amount of tax imposed cn the rgani_ntic:,dui ye. sect,..-1 4911 0. ,sect1e.n 4912> Cl. .:o- 0. b 501(c)(3)and 5,1(c)(:)organizations.Did tine organization encage in any section e?53 excess bencf;t transaction = during the year or did it become aware of en excess benef t transaction from a prior year? If'Yes,'attach a statement exp'aininc each transaction 89h X. c Enter:Amount cf tax imposed on the organization managers or disqual tied persons du zing the year undo'sections 4' 12,4955,and 4968........ .. ...... .... ......... ... .. . ...... r' _ 0. '_- -_- d Enter:Arcurt of tax on line 89c, a�ove,reimbursed by the c'ganzation ... .. .... ...... _ 0. •_ _ e All orgar,,z t1 rs.At a - time daring the tax year,was the oryerizat,on a party to a prchibitec tax shelter trans,-!ion- 89e X f Al!organ_aG..,^,s. Did the organ zation acquiio a direct or indirect,nterest In any applicable ins.rance contract? . 891 X g Fer supperi,15 Cry^e z3tiorw and Sponsoring organizations maintaining donor advised funds. Dic the support ng -_ oiganizeticn, Cr a faro maintained ho a sponsorinc organization, have excess business hold rigs a:any time during - the year?.. .. .. 89g X 90a List the states with which a copy of this return is filed ► None b Number of employees employed in the pay period that includes March 12,2007 (See instructions...5 . 190b1 6 91 a The books are in care of > Peter Giles Telephone number > 801-531-9800 Located al ► 120 S Main Street Salt Lake City UT zIP+- • 84111 b At any time during the calenda'year,did the or ,nizaton have an interest in or a signature or other Yes No g over a i 1 finanr.al account in a foreign country(such as a bank account, secu,ities account, or other financial account)?. ... . . . 91 b X If'Yes,'enter the name of the foreign country >- - - See the instuctie ns for exceptions and filing requirements for Form TD F 90-22.1,Report of Foreign Dank and - Firanc al Accounts _ - - EAA Form 990(2007)„ , TEE.A010'L 0 '10 W I I Form 990(2007) Library Sauare Foundation 48-1268355 Page 8 i I FailWl=° Other Information (continued) Yes No c At any time during the calendar year,did the organization maintain an office outside of:he Un:ted States?........ .. . .. 91 c X If'Yes,' enter the name of the foreign country t 92 Section 4947(a)(i)nonexempt charitable trusts filing Form 990 in lieu cf Form 1041—Cnec'ic here N/A... E and enter the amount of tax-exempt interest received or accrued during the tax year �I 92 I N/A PaitVlI' Analysis of Income-Producing Activities(See the instructions.) Unrelated business income Excluded by section 512,513,or 514 Note:Enter gross amounts unless (A) (B) (C) (D) Related(or exempt otherwise indicated. 1311siness cede Amount Excise on cede Amount function income 93 Program service revenue: a Other revenues 3,403. b I c d I e f N1edicarelMed+cad payments. .... . g Fees&contrzcfs from government agencies... I 94 Membership dries and assessments . 1 95 hderest or savings&temporary cosh rim-its. 141 23,767. 96 Dividends&'ntsrestt f-on secuhties . r 97 Net rental urccr.,e cr loss from real estate: - _-___ _:`f _� ._, . : .- - . • - ..-- - . a debt-fnanoec property..... .... ... b not debt financed property. 98 Net rer`a irccxe or(loss)Pram per crop.... 99 Other i-vestr.ert income 100 Gain or (loss) from sales cf assets other than inventory . . . .. ..... 18 -399. 101 Piet income or Cosa.)from soe_,a events. ... ( 102 Crc,;pr=ill or('csi)f:or-;sz`.a;cf ir:•e.it uv .. _ l 103 Otner revenue: a b d e e 104 Subtotal(add cclusns(0),(9),and(E)) .. ._ . I _ 23,368. 3, 403. 105 Total(ado lire 104, columns(B). (D),and (E)) r 26, 771. Note: Line 105 pbus line i e,Part I,should equal the amount on line 12, Fart i. Part-VIII l Relationship of Activities to the Accomplishment of Exempt Purposes (See the instructions.) Line No. Exolain how each act.rry for wh oh income is reported in cokimn (E)of Part VI;contributed i-n,portanliy to the accomplishment cf the crar.izaticn's exempt purposes(other than by provid ng funds far such purposes). N/A 1 Part.IX- Information Regarding Taxable Subsidiaries and Disregarded Entities (See the instructions.) (A) (B) (C) (D) (E) Name.address,and EN of crporc.tlon, Percentage of Nature of anti:ties -iota! End-of-year par.norsh p,or dis•egcrced en :y n:a^e-sPip interest income assets N/A _ _ o - --- u -Part X Information Regarding Transfers Associated with Personal Benefit Contracts (See the instructions.) a D I the orgar:zatior,r'ur:.ng the year.receive any fonds.cireafy or irdizctly,to pay premiums on a cersc,ial benefit contract? . . .... ... Yes X No b Did hoe org nloal:or, cuing the yea', pay premiums, directly c'indirecty, on a pe'sona' benefit contra•,r? Yes X No Note: if'Yes'to(b), file Form 8870 and Form 4720(see instructions). BAA -EEtkiro.,- r_:zr,,, Fern 990 (2007) Form 990(2007) Library Square Foundation 48-1268355 Pace 9 : Part=Xl-. Information Regarding Transfers To and From Controlled Entities. Complete only if the organization is a controlling organization as defined in section 512(b)(13). Yes No 106 Did the reoc•ting organization make any transfers to a controlled entity as defined in section 512(b)(13)of the Code? If 'Yes,'comcle:e the schedule below for each controlled entity I X (A) (B) (C) Name,address,of each Employer Identification Description of (D) controlled entity Number transfer Amount of transfer __ a b c Totals Yes No 107 Did the reporting organization receive any transfers from a cortroled entity as defined in section 512(b)(13)of the Code? If 'Yes,'complete the schedule below for each controlled entity X (A) (B) (C) Name,address,of each Employer Identification Description of (D) controlled entity Number transfer Amount of transfer a b c Totals Yes No 103 Did the organization have a bindin written contract in effect en August 17, 2006,covering the interest, rents, royalties,and ennui:es described n cues:on 107above? X t"nder r;-aloes ci reri�rp(.1 dacla•a ISci I have e<amired his re:cm,including acec i;earvirg=chadul_s and sta'sm¢�'s,cad tc the cccl cf ny knc:ledge and ca': i;is rue,cO-r=d,dire canipie c Dec eraucn el preperer(other than ci Sce•)is Cased on ati info-iratior of e rich prepare-teas a•y knew Wdce. Please t' Sign si,pat e,officer Gale Here Alexandra Hesse, Project Manager Type Cr print rane and title. Date r:eaate•'s SSPI or Pflf2 >_e Paid ?r ar=_r's Chsd:it 3a oral Ins;n.ction shnalu•e ® selr- Pre- Lura Reid _mpl:yed njN/A parer's FJ•rrs mire COLLIER FINANCIAL SERVICES, INC Use emoac; fl 2154 VILLAGE VISTA DR Only adc71P'+a' DRAPER, UT 84020-5564 _Phcr,>r.o. (8,,0 1) 545-0375 BAA Form 990 (2007) TEEAC110_ C91C3;3: Organization Exempt Under `'"'3'.".1345.°`4 SCHEDULE A Section 501(c)(3) (Form 990 or990-EZ) (Except Private Foundation)and Section 501(e),501(t),501(k), 2007 501(n),or 4947(a)(1)Nonexempt Charitable Trust Supplementary Information— (See separate instructions.) Cepartrrert of hie Treasu Into•^al Revenue Se^:ice ► MUST be completed by the above organizations and attached to their Form 990 or 990-EZ. Name oflhac;gaiozaboi Library Square Foundation Employer ldorllficallonnumber for Art, Culture, and Science _48-1266355 Part.l: J Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees (See instructions. List each one. If there are none, enter 'None.') (a)Name and address of each (b)Title and averace (c)Compensation (d)Ccnlributiois (e)Expense employee paid more hours per week to employee benefit account and other than$50,000 devoted to position plans and deferred allowances cempe,lsaton None Total number of over employees paid over$50,000. LPart ll A Compensation of the Five Highest Paid Independent Contractors for Professional Services (See instructions. List each one (whether individuals or firms). If there are none, enter 'None.') (a)None cod adcireo_ each independent contractor pad m:•e t;-.n 55C,C';'-' (o)Ty;)e;if (a)Corn ._c:ron ?tone I Total number of others rope ving ever • - - - $50.000 for prefessiona services., Part_II —5 I Compensation of the Five Highest Paid Independent Contractors for Other Services (List each contractor who performed services other than professional services, whether individuals or firms. If there are none, enter 'None.' See instructions.) (a)Na•ne e:'-ess cf each in,operdent contractor pad mere;'han$50,000 (b) Type of sen.ice (c)Compensation Gyroscope, Inc. --- -- ------- 620 Third Street Oakland, CA 94607 Exhibit Development 309, 928 . The Exoro Group 10 51 100 S, Ste 300 Salt Lake City, UT 64110 Fundrais•ir.cr!Conncrtic I 62,048. Total n.1m`:? cf ota,:r cont•actc;s•ece vine, oVcf $50,000 for other se-vices ° 0 BAA For Paperwork Reduction Act Notice,see the Instructions for Form 990 and Form 990-EZ. Sched..iie A(Form 9iDC or 900-Ea) 2007 resoc-Clo 12127:07 Schedule A(Form 990 or 990.EZ)2C07 Library Square Foundation 48-1268355 Page 2 Part 111 Statements About Activities(See instructions.) Yes No 1 During the year, has the organization attempted to influence national,state, or local legislation, including any attempt to influence public opinion on a legislative matter cr referendum? If'Yes,'enter the total expenses pair or incurred in connection with the lobbying activities. ... ► $ N/A (Must equal amounts on line 33,Pa't VI-A,or line i of Part VI-B.).... .. 1 X Organizations that made an election under section 501(h)by filing Form 5768 must complete Part VI-A. Other organizations checkino'Yes'must complete Part VI-B AND attach a statement giving a detailed description of the lobbying activities, 2 During the yea', has the organization, either directly or indirectly,engaged in any of the following acts with any •= substantial contributors,trustees, directors,officers,creators,key employees,or members of their families, or with any taxable organization with which any such person is affiliated as an officer,director,trustee, majority owner,or principal beneficiary? (if the answer to any question is 'Yes,'attach a detailed statement explaining the transactions.) a Sa'e,exchange, or leasing of property?. 2a X b Lending of money cr other extension of credit? • 2b X c Furnishing of goods,services, cr facil ties? ........ ......... ... .... ............. .... 2c X d Payment of compensation (or payment cr reimou'sement of expenses if more than$1,000)? 2d X e Transfer of cry part of its income cr assets? 2e X 3a Did the orgarization make grants for scholarships,fellowships,student loans,etc? (If'Yes,'attach an explanation of howthe organization determines that recipients qualify to receive payments.) 3a X b Did the orgarizaton have a section 403(o)annuity plan for its employee-? 3b X c Did:he orgarizaticr receive or hole.an easement for conservation purposes, including easements to creser've open space, the environment, historic land areas or historic structures? If 'Yes,'attach a dotcled statement 3c X d Did :ne orear.izat'or provide credit counseling,debt management,crecit raga r,or cent negot anon services? 3d, 4a Did the organization maintain any donor advised`unds? If'Yes,'complete linos 4b tniou_h 4c. 7'i\o,'com ie:e lines 4f and 4_ 4a, X b Did the or ani at en rna,e any taxable d stributicns under section 4966?. .... . . . .... ...... .... . ............ 4b N. A c — Did;ne cr:;ahizef o^ ma',e a distribution to a donor,donor advise,Cr related person:' ... .... .. 4c N A d Enter the total number of donor advised funds owned at the end of the tax year...•.. .. .. .. .... F t'l/E� e Enter the a creeate vrlie of assets he'd in all corer advised funds owned at the end of the tax yoar... .. > /� ta, t f Enter the total number of separate funds or accounts owned at the end of the tax year(excluding donor advised funds included on I ne od)where donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts ►- 0 g Enter the aggregate value of assets he'd in all funds or accounts induced on line 4f at he end cl the tax year... . 0. BAA reeac402t 12;27.07 Schedule A (Form 990 or Form 900-E2")2007 Schedule A (Form 99C or 990-EZ)2007 Library Square Foundation 48-1268355 Page 3 .Part.IV -. Reason for Non-Private Foundation Status (See instructions.) i I certify that the organization is no:a p•rvete foundation because it is: (Please check only ONE applicable box.) 5 A chinch,convention of churches, or association of churches. Section 173(5)(1)(A)(i). S (Also complete Part V. 6 �A school. Section 17U(�,(1)(.4)(i). p� ) 7 I A hospital or a cooperative hospital service organ'zation.Section 17C(o)(1)(A)(ii'). 8 I A federal, state,or local government e'governmental unit.Section 17C(o)(1)(A)(v). 9 I-A medico! resaarcn or anization operated in conjunction won a nospital.Section 170(b)(l)(A)(iii).Enter the hospital's name,city, and state 10 —1 An orgarizator cpe'ated for the benefit of a college cr university owned o'operated by a governmental un t.Section 170(b)(1)(1)(iv), (Also complete the Support Schedule in Part IV-A.) 11 a L An orgarizat or that norrnaly receives a substantial part of its support from a governmental unit c'from the general public. Section 17C(b)(1)(A)(v-i). (A so compete the Support Schedule in Part IV-A.) 11 b -A commonit`ty tr os`.. Section 170(b)(1)(A)(v). (Also complete the Support Schedule in Part IV-A.) 12 X An organization tnat normally receives:(1)more than 33-113%of its support from contribut:ons,membership fees, and cross reccip:s —from ache:ice rea:ed to ire chartable, etc,functions— subject to certa n exceptions,and (2)no more than 33-113%cf its supper: from 'Tess investment:ncome and un'e ated business taxaole income (less section 511 tax)from businesses ecqui'ed by the organization&ter June 30, 1975. See sector 509(a)(2). (Also complete the Support Schedule in Pa':IV-A.) 13 — n crg^-i_at:o- That is rot controlled by any d squa:ified persons(other than foundation managers)and otherwise meets the requirements of section 509(a)(3). ChecK the box the;describes the type o'supporting crganzation: nType I nType II I 'Type III-Functionally Integrated ri Type Ill-Other Provide the following information about the supported organizations.(Seo instructions.) -- (a) (b) (c) (d) (e) Name(s)of supported Employer identification Type of Is the supported Amount of orgarization(s) number(EIN) organization(described organization listed in support in lines 5 through 12 the supporting above or IRC section) organization's governing documents? Yes No Total..., . .. ..... ... ... ........... .. .. .. . .. . 0. 14 f r.n o'gan'zati:,n G"a'ized end o:e'ated t0 tee:for public safety. Section 509(a)(4). (Soo Instructions.) BAA Schedule A (Form 990 or 99C-EZ)2007 rsEeoro'L 12w7:C Schedule A (Form 990 or 99C-EZ)2007 Library Square Foundation 48-1268355 Pace 4 Faet_IY=A:- Support Schedule (Complete only I'you checked a box on line 10, 11,or 12.)Use cash method of accounting. Note: You may use the worksheet in the instructions for converting from the accrual to the cash method of accounting. Calendar year(or fiscal year (a) (b) (c) (d) beginning in) 2006 2005 2004 2003 Total 15 Gifts•,grants, arc contributions received. (De,not include unusual grants. See line 28) 149,238. 1,930, 973. 809,288. 597,070. 3,486,569. 16 Membersh p fees received 0 17 Gross receipts from admissiors, merchandise sold or services performed, or furnishing of facilities in ary activity that is related to the organizat on's charitable,etc,purpose 0 18 Gross income from interest,dividends, - ants rec'd ircrr payments on securities loans(sec.512(a)(5)),rands,royalties, income from similar sources,and unrelated business taxable ircome(less sec.511 taxes)from businesses acquired by the organzalion after Ju,ne30,1975... 76,358. 4,984. 498. 81,840. 19 Met income iron urrelated business act vit;es not included in line 18 _ 0 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf j 21 The value of services or 0. facilities furnished to the organization by a governmental uni:without charge, Do not include the value of services or facilities generally furnished to the public without charge 0 22 Other income. Attach a • schedule.Do no:include ga'n or (loss)from sale of capital assets 0 23 Total of lines 15 through 22 225,596.1 1, 930, 973-j 814,272.1 597,568. 3,568,409." 24 Line 23 minus line 17 225,596.1 1,930, 973.j 814,272.1 597,568. 3,568,409. 25 Enter1%of lire 23 2,256. 19,310. 8, 14.5.L_ 5, 976. - ;: : 26 Organizations described on lines 10 or 11: a Enter 2%of amount in column(a), line 24 N/1:.... ►• 26a b Prepare a list for your records to shvu the name of and amount contributed by each perscr(ether than a ccvei crn 1:a'1:111 or p r:liciy - supported organization)whose total gifts for 2CO3 through 2C06 exceeded the a-arnt showr.in lira 25a. Do not file this list with yc;:r return.Enter the tong!of al these excess amounts Y 26b c Total suapart for section 509(a)(i)test: Enter line 24, column(e) r 26c d Ado!:Amounts from column(a) for lines: 18 19 _ 2 . _ .._ ... ._-- 22 26b 6d e Public supcort(line 26c minus I ne 26d total) Y 26e f Public support percentage(line 26e(numerator)divided by line 26c(denominator)).. ... 26f 27 Organizations described on line 12: a Fcr amounts included in lines 15, 16, and 17 that•,vere received from a 'disqualified person,'prepare a list for your records to show the name of,and to:a- amounts received in each year from, each'disqualified person.' Do not file this list with your return.Enter the sum of such amounts for each year: (2006) - 0• (20G5) 0. (2004) 0. (2003) 0 bFor any amount irciuded in hne 17 that was received from each person (other than'disqualified persons'),prepare a list for your records to show the name of, and amount received for each year,that was more than the larger of(1)the amount on line 25 for the year or(2) $5,000. (Include in the list organizations described in tires 5 through 11b,as well as individuals.) Do not file this list with your return. After computing the difference between the amount received and the larger amount described'n (1)or(2),enter the sum of these differences(the excess amounts)for each year: (2006) 0. (2005) 0. (2004) 0. (2003) 0 c Add:Amounts from column (e)for lines: 15 3,486,569. 16 17 20 21 27c 3,486,569. d Add: Line 27a total 0. and I ne 27b tote' 0. 27d 0 e Public supeor:(line 27c total minus line 27d total) n► 27e 3,486,569. f Total support for sect on 509(a)(2)test:Enter amount from line 23, column (e).... ''I 27f I 3, 568,409. _- ., -___ - g Public support percentage(line 27e(numerator)divided by line 27f(denominator)) n.l 27g 97.71 % h Investment income percentage(line 18,column(e)(numerator)divided by line 27f(denominator))..... r1 2711 2.29 % 28 Unusual Grants:For an organization described in line 10, 11,or 12 that received any unusual grants curing 2003 through 2006, prepare a list for your records to show, for each year,the name of the contributor,the date and amount of the grant, and a brief description of the nature of the grant. Do not file this list with your return.Do not include these grants in line 15. BAA TEE.Acd33L 1212r07 Schedule A(Form 990 or 990-EZ)2007 Schedule A(Form 990 cr 990-EZ)2007 Library Square Foundation 48-1268355 Page 5 Part.VP:3!.,. Private School Questionnaire (See instructions.) (To be completed ONLY by schools that checked the box on line 6 in Part IV) N/A 1 Yes No 29 Does the organization have a racially nondiscriminatory poky toward students by statement in its charter, bylaws, other governing instrument,or in a resolution of its governing body? . .. . .. ...... .. . ........... ...... .... . . 29 30 Does he organization. include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues,and other written communications with the public dealing witn student admissions, programs, and scno'arsh:ps? . . 30 31 Has the organization publicized its racially nondiscriminatory policy throucn newspaper o•broadcast media during the period of sciiatation for students,or during the registration period if it has no solicitation program, in a way the: makes the policy known to all parts cf the general community it series?. . 31 I:'Yes,' please describe; if'No,'please expla n. (If you need more space,attacn a separate statement.) 32 Does the organization ma:n:ain the following: a Records indicating the reo'ai composition of the student body,facul:,and administrative staff? 32a 1 b Records documenting tha:scholarships and ether financ al assistance are awarded en a racially nondiscriminatory bask? . .. ........ .. . . .... . .. .... .... .. .... ................. .. . .... .... 32b c Copies cf all catalogues,brochures, announcements, arc other written ccmmun cations to the public deal rig w th st.ident admissions,programs,and scholarships? 32c d Copies cf al material uses by the organization or on its behalf to solicit contribu ens? 32d If you a ns;,e•ed'i,e' to any cf`he abcse, please explain. (If you reec rno a space,a:',ach a separate statement.) • 33 Does tl: c.-gesizat.en ciscri;, hate by race it any w:_ r.s,cct te: a Stuhe,-ts'r,oh`.s or privileges?. .... .. .. 33a 33b c Em,_ - nt of fact.a cc admir.istrot is staff?. ....... .... .. .. . . .. .... . ....... . ..... ..... .... .... 33c d SchhC:ierEE at oh-a-f.nnnciai assistance?. 33d e .L:...:cn I echo es?.. ......... 33e, - f Use cf fe.ci'.,::cs? ....... . . . .. .. .. ......... ...... 3311 c °thlct.7 c. .. ._. . .. ... ... 33g - — h Cl'er c:xt 0_1..,.Ou ar Ge.Y t.z. .. 33h s;•, aboveplease explain. f you reed rro1C sp attach a ce ,orete staterr `: - I you � �•e:.'Yes' to a�;of,he above., ( F ,_. , . 34e.Does the o'_ n,=.-'on le eive an'financial aid or acsix:cnco from a governme.n:a'agency? ....... .... ........ .. ... 34a b Has lire c _an;atien's r.j'ht to such aid ever been revoked or suspended? ........ .... ......... .... ...... . .. .. 34b If you.-.nsa ed'Ye: to ei:her 3 a cr b, please explain usin3 on at;ached s:atomanl. 35 Does the organza:ion certify that it has complied w.th the applicable requ'rements of sections 4.01 through 4.05 of Rev Proc 75-50, 1975-2 C.B. 587,cover,ng 'acia rondiscrimis2ticn? If 'No,'attach en explanation.. - J5 BAA TE=A440P_ 12127 0 :cheesle A (Form 99C,o•99 J_) 2707 Schedule A(Form 990 or 990-EZ)2007 Library Square Foundation 48-1268355 Page 6 PartV1-A-`; Lobbying Expenditures by Electing Public Charities (See instructions.) , (To be completed ONLY by an eligible organization tot filed Form 5768) N/A Check ► a n if the organization belongs to an affiliated group. Check ► b if you checked'a'and 'limited control'provisions apply. (a) (b)on Lobbying Expenditures Affiliatep group To be completed (The term'expenditures'means amounts pad or incurred.) totals fe all electing organizations 36 Total lobbying expencitures to influence public opinion(grassroots lobbying) 36 37 Total lobbying expenditures to influence a legislative body(direct lobbying) 37 38 iota lobbying expenditures(add Ones 36 and 37) 38 39 Other exempt purpose expenditures 39 40 Total exempt purpose expenditures(add lines 38 and 39) 40 41 Lobbying nontaxable amourt. Enter the amount from the following table - If the amount on line 40 is- The lobbying nontaxable amount is- Not over$500,C00 20;a of the amourt on line 40 ___ - Over$500c00butroteve• IC(}OCO 1C0 plusexcess5 ,r = (-+tits" , $, $ ,OCG 15%of the ever$�OC,�00 Over$',000.CCC but rct over 51,500,065 $175,000 plus 10%of the excess over$1 000,000 — 41 Over$•,500 CCO but nct over$17,CO,CCO $225,GCi,plus 5%cf the excess over$1,500,000 = _ - -_=== Over$17,000,C00 $1,000,000 42 Grassroots nontaxable amount(enter 25%of line 41) 42 43 Subtract line 42 from line 36.Enter-0- if line 42 is more than line 36 43 44 Subtract fine 41 f-om line 38.Enter-0- if line 41 is more than line 38 44 Caution: If there is an amcunt on either line 43 cr line 44,you must file Form 4720. 4-Year Averaging Period Under Section 501(h) (Some cranizatiors that made a section 501(h)election do not have to complete a'I of the five columns below. See Ile instructions for I nes 45 through 50.) Lobbying Expenditures During 4-Year Averaging Period Calendar year (a) (b) (c) (d) te (e) . r (or fiscal year 2007 2005 2005 2004 Total beginning in) 45 Lobbying nontaxable amount - 46 Lobb�irg ceiisar arcc;ra 150! 47 Total lobbying expenditures. ,... I 48 Grassroots non- taxable amount 49 Grassroots eei;u;g arlasni - -=:.: - - - - :- -:---__-_ =- - - = - ---- -- _ (l0ia 50 Grassroots lobbying expend Lures.... 1 P..ti-Vl-B Lobbying Activity by Nonelecting Public Charities (For reporting only by organizations that did not complete Part VI-A) (See instructions.) N/A During tie year,did the organization attempt to influence national,state or local legislation,including any attempt to inf.uonco public opin:cn..on a legislative matter Cr referendum,through the use o`: Yes No Amount a Volunteer b Paid staff Cr management(include cornpensa`ior in expenses reported on lines c through h,) c Media advert sem•cnts d Mailings to members, legislators, or the public e Publications, or published or broadcast statements. f Grants tc cxher oroenizations for lobbying purposes I I g Direct contact with legislators, their staffs,government officials,or a legislative body......... .... ... h Rail es,demonstrations, seminars,conventions, speeches, lectures, or any other means... . .. ...,. i Total lobbyinc exoe'rd'Lire,(add tries c through h.) _ I If'Yes' to any of the above,also attach a statement giving a deta led description of the lobbying activities. _ BAA Schedule A(Form 990 or 990-EZ) TEEPc°c.SL 12127•07 • 4 Schedule A (Form 990 or 990-EZ)2007 Library Square Foundation 48-1268355 Page 7 Part==VIl Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations (See instructions) 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) of the Code(other than section 501(c)(3)organizations)or in section 527,relating to political organizations? a Transfers from the reporting organization to a noncharitable exemot organization of: Yes No (i)Cash 51 a(i) X (ii)Other assets a(ii) X b Other transact ons: (i)Sales or exchanges of assets who a noncharitable exempt organization b(i) X (ii)Purchases of assets from a noncharitable exempt o•ganizat on b(ii) X (iii)Ren:al cf facilit es,equipment,or other assets.... .... .............. .... .... ........... . ..... ... b(iii) X (iv)Reimbursementar'angements b(iv) X (v)Loans or loan guarantees.... ........... .... .... .... .. .... .. . . . ... . b(v) X (vi)Performance cf services cr membership or fundraising solicitations. .. .... .... . .... . ...... b(vr) X c Sharing cf facilities,equipment,mailing lists, other assets,or paid employees .... . .. ........... . .. ...... . c X d If the answer to any of the above is'Yes,'complete toe following schedule. Column(b)should always show the fair market value of the oocs,other asse:s,or services given by the reportinn organization. If the organization received lessthan fair market value in any-transaction or sharing arrangement,show in column�d) the value of the goods,o:ner assets,or services rece ved: (a) (b) (c) (d) Line no. Amount involved Name of noncharitable examot organization Descrip:iar of l'ansfers,traasaaars,crd sharing araeterrenb I _ I _ I I 52a Is the cr_riz_`,cn d rec:'ry cr indirectly affiliated a,ith,or related to,one or more tax-exempt orenionticns described in section 501(c)cf the Code (other than section 501(c)(3))cr in section 527?. .. . ........... .... .... r I Yes Xi Nc b I;'Yes,'comn'e e tine folio;":no schedule: (a) (h) (c) 1Lv.._of cr';a -;t: . Type of or-ani-aticr Ca__ ,',c o of rat .,,nch'o i I I I - BAA Scnedule A (-er.rn 000 or 990-EZ)2007 TE-AC_1C3 12127.07 • 2007 Federal Statements Page 1 , •, Library Square Foundation for Art,Culture,and Science 48-1268355 Statement 1 Form 990,Part I, Line 8 Net Gain(Loss)from Noninventory Sales Publicly Traded Securities Gross Sales Price: 0. Cost or Other Basis: 399. Total Gain (Loss) Publicly Traded Securities $ -399. Total Net Gain (Loss) From Noninventory Sales $ -399. Statement 2 Form 990, Part II,Line 43 Other Expenses (A) (B) (C) (D) Program Management Total Services & General Fundraisina Advertising 24,923. 2,185. 12,022. 10,716. Bank Charges 665. 59. 606. Books 560. 509. 51. Capital Expenditures reimburse 26,847. 26, 847. Amok Cost of Inventory 1,473. 1, 473. Impairment Loss 353,085. 353,085. Insurance 3, 410. 3, 410. Janitorial 1,478. 1,478. Local Meetings 3,269. 695. 2,574. Membership Dues 2,235. 1,585. 650. Org Expenses 156. 156. Other 894. 981. -87. Other. Professional Fees 380,041. 155, 070. 57,976. 166, 995. Outside Comouter Services 1,595. 576. 1, 019. Payments to Affiliates 106,031. 106,031. Staff Development 167. 167. Temporary Help 52,411. 52, 411. Total $ 959,240. $ 240,297. $ 540, 618. $ 178,325. Statement 3 Form 990, Part III Organization's Primary Exempt Purpose Promote public education & involvement science, technology, and art. I a v` b < 2007 Federal Statements Page 2 • Library Square Foundation for Art,Culture,and Science 48-1268355 Statement 4 Form 990, Part III,Line a Statement of Program Service Accomplishments Program Grants and Service Description Allocations Expenses The Leonardo continued work with Salt Lake City to determine the building renovation scope and budget, and to raise funds to complete its capital campaign. In addition, the staff was intensely engaged in preparations to host BODY WORLDS 3, a major traveling exhibition, which was on display from September 2008 through January 2009 461,697. Includes Foreign Grants: No 8 0. $ 461,697. Statement 5 Form 990, Part IV,Line 54a Investments- Publicly Traded Securities Publicly Traded Securities $ 25,000. Statement 6 Form 990, Part IV, Line 55b Investments- Land. Buildings, and Equipment Accum. Bock (atom_ Easis Deoree. Value Furniture and Fixtures 8 146,837. $ 106, 420. $ 40, 417. Total $ 146,837. 5 106,420. $ 40,417. Statement 7 Form 990, Part IV,Line 58 Other Assets Construction in Progress . . .... .... .... . ... ... ... ...... .... .... .... . . .... $ 758, 179 Rounding 1. Tota]. $ 758, 180. Statement 8 Form 990, Part IV, Line 65 Other Liabilities iAccrued ExpeilseQ $ 32,128. Deferred Revenues.. . . .... . .... .. ......... .. . .... . .... .. ... . ......... 3,852 . TcLs_ $_-.——35, 980. I 2007 Federal Statements Page 3 ,, , Library Square Foundation for Art,Culture,and Science 48-1268355 Statement 9 Form 990,Part V-A List of Officers, Directors,Trustees,and Key Employees Title and Contri- Expense Average Hours Compen- bution to Account/ Name and Address Per Week Devoted sation EBP & DC Other Philippe Wyffels Business Mgr $ 87,849. $ 0. $ 0. PO Box 2129 40.00 Salt Lake City, UT 84111 Mary Tull Executive Direc 94,681. 0. 0. PO Box 2129 40.00 Salt Lake City, UT 84111 Alexandra Hesse Project Manager 50, 602. 0. 0. PO Box 2129 40.00 Salt Lake City, UT 84111 Ned Weinshenker Board Member 0. C. 0. PO Box 2129 0 Salt Lake City, UT 84111 Janet Wolf Board Member 0. 0. 0. PO Box 2129 0 • Salt Lake City, CT 84111 Marshall Wright Chairman 0. 0, 0. PO Box 2129 0 Salt Lake City, UT 84111 Tami Goetz Board Member 0. O. 0 PO Box 2129 0 Salt Lake City, UT 84111 Jann Haworth Board Member 0. 0. 0, PO BOX 2129 0 Salt Lake City, UT 84111 Morris Rosenzweig Treasurer C. 0. 0. PO Box 2129 0 Salt Lake City, UT 84110 William West Board Member 0. 0. 0. PO Box 2129 0 Salt Lake City, UT 84111 Jeffrey Unruh Board Member 0. 0. 0. PO Box 2129 0 Salt Lake City, UT 84111 Britton Lund Board Member 0. 0. 0, PO Box 2129 0 Salt Lake City, UT 84111 Total $ 233,132. $ 0. $ 0. OF INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. G. BOX 250G :'[NCINNATI, OR 45201 Employer Identification Number: 48-1268355 Date: NFUP(r VLN: LIBRARY SQUARE FOUNDATION FOR ART Contact Person: CULTURE AND SCIENCE KAREN CHAO IDLE 31003 C/O JD ANDRADE Contact Telephone Number: 949 M.IL1, CREEK WAY (877) 829-5500 SALT LAKE CITY, UT 0410G Accounting Period Ending: June 30 Foundation Status Classification: 509(a) (1) Advance Ruling Period Begins: March 21, 2002 Advance Ruling Period Ends: __ June 30, 2006 Addendum Applies: No Dear Applicant: Bused on information you supplied, and assuming your operations will be as stated :n your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a1 of the Internal Revenue Code as as: organization described in section 501(c) (3) . S. "fie Because you are a newly created organization, we are not Ilow making a finai determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported oraaniz.at ion described in sections 509 (a) (1) and 170(b) (1) (A) (vi) . Accordingly, during an advance ruling period you will he treated as a publicly supported organization, and not an a private foundation. This advance ruling period begins and ends on the dates shown above. within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a) (1) or 509(e) (2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you send us the required information within the 90 days, grantors and Letter 1045 (DO/CG) --2- LIBRARY SQUARE FOUNDATION FOR ART contributors may continue to rely on the advance determination until we make a final determination of your foundation status. II we publish a notice in the Internal Revenue Bulletin stating that we an ]1 no longer treat: you as a publicly supported organization, grantors and contributors may not rely on this determination after the date we publish the notice. In addition, if you lose your status as a publicly supported organi- zation, and a grantor or contributor was responsible for, or was aware of, the act or failure to act, that resulted in your loss of such status, that person rev not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then that person may not rely on this determination as of the date he or she acquired such knowledge. _f you change your sources cf support, your purposes, character, or method of operation, please let us know so we can consider the effect of the chancre cn year exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws, Also, ]et us know all changes in your name or address. Tye of Joor:ary 1 , 'I904 you are liable for social security taxes under the. Feicral Insurance Contributions Act on amounts of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax ieossel ender the Federal. Unemployment Tax Act (FUTA) . eeeae:..:_.tiorla that arc not private foundations are not subject to the psi•. Sete foeedat:icn excise taxes under Chapter 42 of the Internal Revenue Coda:, it wever, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please us know. D _ c t o.^1� ( t u ye prided r' (� _,.,_ , .� ,.._, c.e�.�... . c. ; ribu ions L'o �o �. p�cr_ e;l i.n section 170 of the Lu cr::a Revenue Cade, Beeluests, legacies, devises, transfers, or eifts to yee fc yeer use are deductible fee Federal. estate and gift tax purposes if they meet the eppusable provisions of section. 2055, 21CG, and 2522 of the Cede. Donors deduct contribetione to you only to the extent that their contributiOn.s are gifts, with no consideration received. Ticket purchases and s m:1a: payments in conjunction with fundrea.isine events may not. necessarily es plea cL_bl e contributions, depending on the circunsta:?cos. Revenue Ruling 67-24C, published in Cumulative Bulletin 1967-2, on page 104, gives ,;,idel_nes regerd nq when taxpayers may deduct payments for admission to, or (-thee participation in, fundraising activities for charity. '.cu arc not: required to file Form 950, Return of Organization Exempt From ) Income Tax, if your gross receipts each year arc normally $25,000 Of less, If f ','Gu receive a Form 990 package in the mail, simply attach the label provided, c;:ec the boa: in the heading to indicate that: your annual gross receipts are n.c,rmally $25,000 or less, and sign the return. Because you will be treated as pe.e.d c charity foe retort: filing purposes during your entire advance ruling Letter 1045 (LU/C(. o -3- LIBRARY SQUARE FOUNDATION FOR ART • period, you should file Form 990 for each year in your advance ruling period that you exceed the $25,000 filing threshold even if your sources of support Rio not satisfy the public support test specified in the heading of this letter. if a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $20 a day is charged when a return is filed late, unless there is reasonable cause for the delay. however, the maximum penalty charged cannot exceed $10,000 or 5 percent of your gross receipts for the year, whichever is less. For ,;cganizations with gross receipts exceeding $1,000,000 in arty year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts exceeding $1,000, 000 shall not exceed $50,000. This penalty may also be charged if a return is not complete. So, please be sure your return is complete before you file it . You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code, Tr you are subject to Lhis tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are Not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You are required to snake your annual information return, Form 990 or Form 990-LZ, available for public inspection for three'years after the later of the dud date of the return or the date the return is filed, You are also ,, " required to make available for public inspection your exemption application, any supporting; documents, and your exemption letter, Copies of these documents arc also required to be provided to any individual upon written or in I.erscn request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free nnmi:er shown above You need an employer identification number even if you have no employees, if an employer identification number was not entered on your application, we wilJ assign a number to you and advise you of it. Please use that number on ell returns you file and in all correspondence with the Internal Revenue Service. If we said in the heading of this letter that an addendum applies, the adder;d,uz enclosed is an integral part of this letter. Gccauce this letter could help us resolve any questions about your exempt :,tutus and foundation statue, you should keep it in your permanent records. Letter 10' 5 (DO/CG).. ,'M - Internal Revenue Service Department of the Treasury Director, EQ Rulings&Agreements P.O.Box 2508 ?Oft, Cincinnati,OH 45201 Employer Identification Number: 48-1268355 Date:September 13,2006 Document Locator Number: 17053-238-70500-6 Toll Free Number: 877-829-5500 LIBRARY SQUARE FOUNDATION FOR ARTS CULTURE AND SCIENCE 210 E 400 S SALT LAKE CITY, UT 84111 cicknou•!cdgement of]'our Request We received your Form 8734,Support Schedule for Your Advance Ruling,or other information regarding your public support status. When communicating with us,please refer to the employer identification number and document locator number shown above, Your tax exempt status under section 501(c)(3)of the Internal Revenue Code terrains in effect. not Happens Next? AIMIk The information you submitted was entered into our computer system at our processing center in Covington,Kentucky, and has been sent to our Cincinnati office for initial review. We approve some cases based on this review. If this is the case,you will receive a letter stating that you arc a publicly supported organization. If the review indicates that additional information or changes are necessary,your case will be assigned to an Exempt Organization Specialist in Cincinnati who tvill call or write you. We assign cases in the order we receive them. If the additional information indicates that you meet one of the public support tests,you will receive a letter staling that you arc a publicly supported organization. If the public support tests are not met,we will send you a letter re-classifying you as a private foundation. That letter will tell you why we believe you do not meet the public support tests,and will include a complete explanation of your appeal rights. 1 J'hcu Con You Expect To Initially Hear From Us About Your Application? Normally,you may expect to hear from us within 120 days. If you do not,you may call our toll free number at I-877-829-5500 Monday through Friday. Please have your identification numbers available so that we can identify your case. If you would rather write than call,please include a copy of this notice with your correspondence. Notice 3369(cg)-(Rev. 12/2000) G°v‘.::C) • `Q AMENDED AND RESTATED ARTICLES OF INCORPORATION NV. R Of the LIBRARY SQUARE FOUNDATION FOR ART,CULTURE,AND SCIENCE A Nonprofit Corporation The Library Square Foundation I'or Art, Culture,and Science hereby amends and restates its Articles of Incorporation in their entirety in accordance with Section I6-Ca- 1006 attic Utah Revised Nonprofit Corporation Act(the "Act") and replaces the former Articles of Incorporation with the following: ARTICLE I CORPORATE NAME The name of the Corporation shall be: I`J r r. LIBRARY SQUARE FOUNDATION FOR ART, CULTURE,AND SCIENCE :. ARTICLE II DURATION OF CORPORATION The Corporation is to have perpetual existence unless otherwise dissolved or terminated a CCordine to law. ARTICLE III CORPORATE PURPOSES The Corporation's primary purpose Is to lease, maintain, manage, upgrade and enhance the building at the southwest corner of Library Square, 501 South and Second East Streets, Sall Lake City, Utah, now know as the Old Main Salt Lake City Public Library. The Corporation is organized • and shall be operated exclusively for charitable,educational or research purposes by conducting or •43- supporting activities for the benefit of or to carry out the charitable, educational or research a c purposes of qualified organization[s]. An organization is a "qualified organization" for purposes of • these Articles only if it is described in section 501(c)(3) and section 509(a)(1) or (a)(2) of the Internal Revenue Code of 1954, as amended (the"Code''),or equivalent. w w t,aa Solely for the above purposes, the Corporation is empowered to exercise all rights and powers conferred on nonprofit corporations by the laws of the State of Utah. 1 m ARTICLE IV MEMBERS • The Corporation shall have no members. ARTICLE V SHARES The Corporation shall have no stock,and no dividends or pecuniary profits shall be declared to the Members of the Board of Directors or Officers of the Corporation. ARTICLE VI DIRECTORS Except as hereinafter provided, the corporate powers shall be exercised by a Board of Directors, consisting of no fewer than three (3) nor more than thirty (30) persons including ex-officio members, who shall be appointed or selected as provided in the By-laws of the Corporation and shall have the powers outlined in such By-laws. One-half of the Members of the Board of Directors constitute a quorum and are authorized to transact the business and exercise the powers of the Board of Directors as herein provided. The Members of the Board shall adopt By-laws for the regulation of the internal affairs of the Corporation, which By-laws may be amended from time to time or repealed by said Members of the Board. The term of office of each Member of the Board,other than the Executive Director who shall serve as a Member of the Board of Directors so long as he or she serves as Executive Director, shall be Iwo (2) years from the date of his or her appointment. In no case shall the same person be eligible for membership on the Board of Directors, excepting always the Executive Director, for more than two (2) consecutive, regular two(2)year terms. A Member of the Board may serve for more than two (2) consecutive, regular two (2)year terms if approved by a unanimous vote of al! Members of the Board of Directors. It shall be the discretion of the Chair of the Board of Directors to call for such a vote if he or she considers it to be in the best interest of the organization. The Board of Directors shall he presided over by a Chair elected by and from among the Members of the Board of Directors and shall serve until replaced or until termination of his or her then current term as a Member of the Board of Directors. The Board of Directors may include such ex-officio members as the Board of Directors shall deem appropriate to elect. ARTICLE VII OFFICERS OF THE CORPORATION The chief executive officer of the Corporation shall be an Executive Director, who shall be appointed by the Board of Directors and may be employed or otherwise contractually engaged by the Corporation and shall serve as a voting Member of the Board of Directors. The Executive Director and all other officers of the Corporation shall serve at the pleasure of the Board of Directors. ARTICLE VIII OFFICE AND REGISTERED AGENT The location and street address of the Corporation's principal office is at 120 South Main Street, Salt Lake City, Utah, 84101. The registered agent of the Corporation is Peter Giles, Salt Lake City, Utah. The Corporation may change its office or its registered agent or both from time to time, as permitted by law. ARTICLE IX MEETINGS OF THE BOARD OF DIRECTORS Regular and special meetings of the Board of Directors of this Corporation shall be held al such times and places and on such notice as outlined in the By-laws. ARTICLE X LIMITED LIABILITY Members of the Board of Directors and Officers of the Corporation shall not be individually Or personally liable for the debts or obligations of the Corporation. ARTICLE XI AUDIT There shall be an annual independent audit of the books and accounts of the Corporation, at a time and by auditors designated by the Board of Directors. The report of each such audit shall he presented to the Board of Directors at the next regular meeting of such Board of Directors after completion of the audit. 3 Avow ARTICLE XII DISSOLUTION • Upon dissolution of the Corporation, the Board of Directors shall, after paying or making provisions for the payment of all of the liabilities of the Corporation, distribute all of the assets of the Corporation [exclusively for charitable, educational or scientific purposes to one or more qualified organizations within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government shall be distributed to Salt Lake City Corporation for a public purpose. Any such assets not so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine,which are organized and operated exclusively for such purposes. ARTICLE XIII DISTRIBUTION AND TAX STATUS No part of the net earnings of the Corporation shall inure to the benefit of or be distributed to the Members of the Board of Directors of the Corporation, Officers of the Corporation, or private individuals, but the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article ill hereof. Awsik It is intended that this Corporation shall have the status of a corporation which is exempt from federal and state income taxation under section 501(a)of the Code as an organization described in section 501(c)(3) of the Code, and which is other than a private foundation by reason of being described in section 509(a)(3) of the Code. These Articles shall be construed accordingly, and all powers and activities of the Corporation shall be limited accordingly. The Corporation shall not carry on propaganda or otherwise attempt to influence legislation to such extent as would result in loss of its exemption from federal income tax under section 501(c)(3) of the Code. Nor shall any activity of the Corporation consist of participating in or intervening in (including the publishing or distributing Of statements) any political campaign on behalf or in opposition to any candidate for public office. ARTICLE XIV AMENDMENT AND SAVING CLAUSE These Articles of incorporation may be amended in any particular as provided by the laws of the State of Utah, except that the corporate purposes clause of Article III shall not be amended to change the purposes and objectives of the Corporation, In the event any provision of the Articles or any amendment hereafter adopted, shall be adjudged ultra vires or otherwise invalid, the remaining provisions, powers and conditions herein expressed shall be deemed unaffected and in full force and effect as far as they may be severable. Amok 4 Dated February18,2010 The Library Square Foundation for Art,Culture and Science Signatories Will West,Chair Peter Giles,Executiv Director I'hc amendments incorporated into the foregoing Amended and Restated Articles ol'Ineorporation were adopted by the Itoard of Directors on February I S, 2010_Without member action because the Corporation has no members_ 5 JUN 2 2009 LEASE AGREEMENT BETWEEN �;IN� RECORDER SALT'LAKE CITY COfPORATlO f 'I'IiE LIBRARY SQUARE FOUNDATION FOR ART,CULTURE AND SCiENC'E SALT LAKE CITY LIBRARY BUILDING 209 EAST 500 SOUTH TI IIS LEASE AGREEMENT(the "Agreement" or "Lease"), dated as of June 1009 (the "Effective Date"), is entered nano by and between SALT LAKE CITY CORPORATION, a Utah municipal corporation (the "City"), and THE 1.I1.3RARY SQUARE FOt1NDA'I'ION FOR AR'i', ('tJf."f'L1iZ1i AND SCIENCE,a Utah nonprofit corporation(""I'hc Leonardo"). RECI•I'ALS: \. The City has constructed a new public library and parking facility (the "New Library'.) and owns the old main library building (the "Building") located at 20I9 East 500 South, Salt Lake City, Utah 841 1 1. I t. The Leonardo desires to lease the Building from the City, and the City has ibund thin The Leonardo's proposed use of the premises within the Building will benefit the community by se:ving the cultural, educational, and aesthetic needs of the community, by contributing to the revitalization of downtown Salt Lake City, and by attracting visitors to the Inca as pat of a civic Amok center. ('. 1'he Leonardo has been formed to utilize the Building in achieving its mission of exploring and connecting,, art, culture, and science. in imaginative ways to enrich peoples' lives, expand consciousness, and enhance the community("The he Leonardo's Mission"). 1). On November 4, 2003, the Salt Lake City voters approved the issuance by the City of np In '1(1,20(1,000 of general obligation bonds to renovate, improve, and preserve the Buildnin Ica the put'potac of housing a science, culture, art, and education cel;lei, known as "The I.conau'dci a! Library Square." The issuance of the general obligation bonds, however, was contingent upon '111e Leonardo Iirst r.i:sine an equal su:o ol'nlc'ncy to he used for exhibits, programs acid activities to he conducted within the 1;liiklin ,. la, As certified by the C'ity's Chief Financial Officer, The Leonardo has met its obligattiuti to raise the $10,2011,000 in matching funds. 1 . The City is now in a position to issue 10 200,000 of general obligation bonds anal to use the sole proceeds thereof to allow the Building renovation to begin. Ci. In addition to the general obli`tation bonds to he issued by the City, as of the date of this i\gI ccntcnl, additional funding sources and grants have been made rivailablr !hc cetiniplution of the renovation it'the Building. c AGREEMENT: The City and The Leonardo, for good and valuable consideration receipt of which k hereby acknowledged, hereby agree as follows: I. LEASE'; OF BUILDING: The City hereby leases to '('hi: Leonardo, and the I it tardo hereby leases from the City, the Building and property described in l=Ahibit A attached hereto and incorporated herein, and as depicted ill C;sftihit [3 attached hereto and incorporated herein (the "Premises-), subject to the terms and conditions of this Agreement. The fiuildine shall he used by The Leonardo and, bar limited purposes as set forth in Section 4 below, the City as more particularly set (meal herein. The City also grants to The Leonardo, its tenants and licensees, and their employees, giuests, and invitees, a non-exclusive license to cuter upon and use the exterior walkways and sidewalks to and from the 13udding and the parking lie owned of operated by the City located on the city block between 4(Xi South and 500 South anti bciwcen 2(1(1 Lost and 300 Last. Furthermore, and without limiting the foregoing. the City hereby grants The Leonardo the rmlit to the non-exclusive use of the sidewalk and driveway area depicted on Gxliihi( 13 as the "Shared Use Driveway." The parties agree that file Leonardo shall have the right to use such Shared Use Driveway for the purposes of loading(and unloading) exhibits and other pi'opel't!' to and from the liui[c{ing, Building construction and maintenance access, access by patrons to the [�nildine, and other related purposes. In this regard, the parties acknowledge that The Leonardo currently anticipates that the north entrance to the Building cvi!1 b;: the main entrance to trig i Ruildine for The i,cnnardo's patrons Wad guests. The Leonardo shall be issued a kcy(s) for any chitin or othCI gate installed alone; the Shared Use driveway from time to time. The Leonardo's coordination of the use of the Shared Use Driveway for delivery, pickup, and/or other d:si)rntl;cll uses (other than patron access) shall he through the City's appointed employee iesporlsib[c led seheduhng events at the Library Square. The City agrees that it shall not permit any cxhihii<. booths, or other displays to be located at any time within either the Shared Use [)rivewe, or the sidewalk area <tdjaecnt to and directly to the north of the Shred Use Driveway (which cut-lentl', consists of concrete pavers), including but not limited to during any festival, show, or hiller special event occurring on or around Library Square. ?, 'E'ERM: 2_1 Irtiitliil Ocetinfin;_i__i_cr_r_n. l'he irntnth terns of' this Lease shall he (,relit\ (1i1) years (tile "Initial Occupancy Term"), beginning upon "Substantial C'otnptciitill" of the "Improvements- (as such tei'In5 arc defined in Section O of this; Agreement) (the "C'ommencelncnt Date"). upon Substantial Completion of the Improvements, the ('its; and Die I•eonaido shall sign a written ;ieknoWledgcrnent colifirminu, the Commencement Date, as i' i'll as: the cnn(!itilln as ;lithe C'on7n enecmcni Rile,of(a) the ktlildin(;:Ind (h) the ❑rtevork rc}eric'I (t) tiet'tloir " I.() below_ Once signed, such acknowledgment shall he attached hereR' and incorporated herein as part of this Agreement. Notwithstanding the foregoing, in the event ilia! the City is unable to sell the Lten;ral obligation bonds referenced in the Recitals above on or before Oetttbci I. :•).Ofit), notwithstanding the C'ity's Ilste of its hest eff)its to do so, then either !e; tiv into terl;irltiite this Lease billowing such date and prior to the time that such bond:, me sold, 4 by Diving written notice to the other party, whereupon tins Lease shall be terminated, and to such event, both parties shall be released from their respective obligations hereunder �.� Pre-Oecupanc:4 Period. The period of time between the Effective Dale of this Lease and the Commencement Dale shall be referred to herein as the "Pre-Occupancv Period." During the Pre-Occupancy Period, the Building will he renovated and improved, as Indic fully set forth in Section ( below. 2.3 1.=.xtcnded__OccJpnncy Teti>is, The Initial Occupancy Term may he extended by The Leonardo. with the written consent of the City (which consent shall not he unreasonably withheld) for three (3) additional periods of ten (10) years (each. an "Extended 'I errn") on the terms and conditions as provided in this (.case, unless The Leonardo provides the ('fly \V•Ith a written notice terminating this Agreement at least sixty (WI) days prior to the expiration of the initial Occupancy Term or then existing Extended Term, as appiicah►c; provided, however, that The Leonardo's foregoing right to extend the Initial Occupancy Term (or Extended Tenn, as applicable), shall be null and void if The Leonardo fails to erne a substantial and material default of this Agreement and the applicable cure period has expired after receipt of written notice of such default as prrvidcd herein. The Pre-Occupancy Period, the Initial Occupancy 'term, and any subsequent Extended Term(s) shall collectively he ref to herein as the"Term " At least one (l) year prior to the expiration of the Initial Occupancy 'feit or any Extended Taints). the Patties shall consult with each other regarding the aJvisahility of Amok ext.nilinc. the then applicable '1 crri of this Agreement, and whether any modifications ar amendments to this Agreement (including a discussion or Base Rent, taking into account the then current conditions) are necessary in connection with such extension. In this regard. and feu purposes oaf. determining whether to consent to the extension of the then-current term of this Agreement, the City shall consider, among other interests relating to the public gond and welfare, whether The Leonardo is actively pursuing the fhlf-tilmcnl of'I'hc: Lconando's mission, The I eounrdo's reasonable expectations (evidenced in among other ways, by The Leonardo's fundraising and programming activities during the then current term of►his Agreement) relating to its continued nsc and enjoyment of the Premises fiir ,tn additional Extended Tcrm(s). and \\'hclhL'r OK. ('its' has an imminent need for tin alternative use of the liniiding which serves a created public interest th=ni the public interest served by The Leonardo. Further of Tertn. if The Leonardo desires to continue to occupy. the Building at the conclusion of the Terns, the City shall discuss in good faith the possible further extension of the 'Icon or the entering into of a new' lease with The Leonardo consistent with this Agreement. The City hereby agrees to consult with Ihe Leonardo tegarding Pine Lunnardu's continued use of the Building, alter the expiration of the Term and prior to soliciting or accepting any offers from any third parties regarding the Building or any part thereof, anal ;agees In picn'ide an opportunity for The 1 con;urdo to present an We: to the City regarding the continuation of fire Leonardo's use of the Building on terms consistent with this Agreement ixrept as prnvidL'd run the immediately preceding sentence, The Leonardo shall vacate the i{ui!ding al the end of the Term and the City shall not be obligated to pay"I he Leonard() anything. ar!h respect In The I_cnnitrdn's investment in the Building,. l 3, RENT: As consideration for this Agreement and the right to use the Building throughout the Tenn, The Leonardo shall pay to the City the sum of TWI?LVE DOLLARS (SI2.(tn) pet year ("Base Rent''). The first installment of Base Rent shall he paid in advance on or before the Commencement Date and shall be paid for the remainder of the initial calendar year in which the Initial Occupancy Term commences, prorated to the nearest month. Except kir the (first payment of Base Rent,all installments of Base Rent shall he due and payable in advance For one year on the First day of each calendar year during the Term. 'I he Leonardo may pay anv and all installments of Base Rent fin the 'I erns in advance, without penalty. All installments ul lease Rent shall he made payable to Salt bake City' Corporation, and sent to its City 'Treasurer, 40 I South State Street Room 22$. Salt Lake City, Utah fl4i 1 1 or at such other location as may he designated by the City to'('he Leonardo in writing. USE OF PRIMISES: 4.1. lit cif Prciniscs. As consideration for this Agreement and the right to use the Building, The Leonardo shall establish exhibits and operate programs and activities within the Building consistent with end in furtherance of •l'hc Leonardo's Mission, and subject to Sections 4.2 and 2))below, The Leonardo shall have the right to exclusively Ilse the Premises lair Its operations .:s a science, culture, end art education center, and the operations of its tenants and licensee`;, so tone, as such uses tire consistent with The l..cattardo'c Mission. The Leonardo, its patrons, invitees, agents and employees, and tumults Of any), shall have the unrestricted nett., to enter and leave the Premises at all limes consistent with the normal operational bows of The Leonardo. fhc: Leonardo shall not use the Premises for any purpose other than that stated above. The Leonardo shall not use (he roof of the Building for The l..eoinu'de's Mission or put items on the roof without the pilot-consent of the City, which consent shall not he unreasonably withheld. To tin: cNte:it that any portion of ti:e Building is placed on a state or federal historical ft aster, The I.eoa;lldo shall not damage, alter, remove, or replace such registered property of item. Ili violation or applicable lows governing historic sites, hi addition, the parties consider the fullu'.vinu. items to be of historic interest and value and therefore not to he damaged, altered, i.mowed, or replaced by The Leonardo without the consent of the City: eel lights; eJ;calator: wood panellm',, artwork; exterior concrete panels; arid exterior glass curtain walls. If the City de ire,.; to add additional itenit, to that list, it must fn'st notify and discuss such itiblitioits with 'Die Leon;irdo, but the City shall have authority to niche the ultimate decision reioudump any :inch ,aldition';, However, if The Leonardo presets, with respect to Ilse second floor leaf lights, a Ilan Fur non-permanent removal and replacement of such lights, the City will evaluate that plan and not uiii'easrcit;i(mt withhold its consent to that plan. Actclltlanil': Cit}'._l Isc.,of_13u;kiil g itltcl.l'runtiscs. The City, evitli leasimahte ,ulvaiice notice and with due consideration for The Leonardo's profg,ritinimitt,r, and ;ututiliistrstii :iChCdnlu, may have limited access to held use or the Premises for meetings, t'eceptiotis, and tithe' activities in a way that is coniptilihle with 'i'tie Leonardo's Mission. Although the ('ity's use of tll;' Premises for this (united purpose shall he on a rent-free bash„ the City will be responsible I it the as,ociutecl costs of any event it sponsors or (manages in the l'relniscs, Hie lily will use It'; bes,! ct'f its to ;iveuti evnts for the Premises at times or for cvc'nis v,high will cnnl)ic't l(II 'i he I eu;,;u'ctn's ,'>.iiibits or events, In the event that the City uses the Building u; tli Premises at a time or in a way that requires The Leonardo to close an exhibit during The i.eonattlo's ordinary hours of operation. the City shall reimburse The Leonardo for The L.eonardo's lost tevenncs resulting front such closure. Notwithstanding anything to the contrary in this Section 4.2, the ('ity shall not have the right to use (or license to third parties the use of) the sidewalks or landscaped areas comprising a portion of the Premises (as depicted in f;xhibiit 13) for art festival disphiys or other outdoor exhibits, booths, tents,or galleries. S. SIC;NAGE: fhe Leonardo shall be permitted to install both permanent and temporary signage on the Building runt Premises, provided that such signage (i) satisfies the reriuirenrcnts of the Sall Lake City Code, and (it) conforms to a sign fastening systent(s) acceptable to the City that dues not compromise or damage the Building's exterior panels and surface (the "Sign Fastening System"). The Sign Fastening Systems(s) must he agreed upon by The Leonardo and the ('ity (including but not limited to the City's Fng,incering and Facilities divisions) prior to the Commencement Dale, and any amendments or modifications to such systeni must he mutually agreed upon by the City and The Leonardo, Furthermore. the Parties anticipate that The ieonardo may be permitted to place temporary signage on the exterior of the Building during the initial renovations to the Building, consistent with the Sall Lake City Code and to the extent that such signage dots not interfere with the construction and renovation project, subject to the prior approval of the City. The Leonardo shall he responsible to repair any damage done to the exterior of the Building by itself or its employees or agents in connection with such signage. !i. DESIGN, RENOVATION, AND IMPROVEMENTS S TO BUILDING: The AMIlk Budding shall be renovated and refurbished by the City, in cooperation wit!; The Leonardo, in accordance with the terms and conditions of01 this Agreement, and for the purpose of housing a science, culture, art, and education center to be known as "The Leonardo tit Library Square.,. fhe improvements to he performed with respect to tire Building(the "Improvements") are more particularly identified in the current project scope and cost estimate attached hereto and utcorporarcd herein as E.xhrbn C. 'i'hc parties acknowledge Mai the improvement costs shall he financed through the issuance of the general obligation bonds referred to in i ectial 1) above, and that additional binding sources and grants have been made available for the completion or the renovation of the Building. l!ae ('ity shall he solely responsible for design and construction manitgernemrt of tire Budding;, bat tire City and The Leonardo shall work together in good faith to agree upon a design For the Building that meets the Ciiy's huilt.ling renovation objectives, supports the basic programming objectives or The Leonardo its a science, culture, art, and education center, and meets a reasonable construction timeline• (the "Design and Construction C)hjectives"). To this end, the City and The Leonardo agree that they shall jointly form a design and construction management oversight terror (tile "i)csrg:i ienm") or live (5) members, 1/4vitlr three (3) members benre, appointed It\ the ('ik' and \vith two (2) members being appointed by The Leonardo (the conardo Representatives"). The Design ream will actively participate and be piunarrty test itnsuhle for the oversight or the design and construction management process relating to the Improvements. including burl not limited to, reviewing and approving (a) conceptual plans, (h) canstruetiuin drawings, plaits, and specifications, (c) construction scheduling and progress. (d). constriction budgets, and (c) outer related issues relating to the successful completion of all of 5 the Improvements, and changes and amendments to the aforementioned items. Notwithstanding the foregoing. (a) the members of the. Design Team appointed by the City shall be primarily responsible to make decisions relating to asbestos removal and seismic upgrades, and (h► particular consideration shall he given to the Leonardo Representatives' input and concerns relating to design issues that impact museum operations. In a good faith effort to maintain transparency and the efficient flow of information between the Parties, the City and The Leonardo shall promptly and in good faith report and convey information relating to the Improvements in the Design`ream,and the City-retained architect,engineer, and contractor shall he required to provide the Design Team with regular updates. In making decisions relating to the Improvements, including but not limited to decisions relating to cost overruns and any amendments to the scope of the Improvements. the Design Team shall attempt to give due consideration to each of the Design and Construction Objectives. The Impuovements, which shall be designed by an architect and performed by a contractor selected and engaged by the City, shall he designed, constructed, and otherwise performed and completed in compliance with any and all building codes applicable to said Improvements. All work performed shall be done in a good and workmanlike manner. Furthermore. the architectural design and construction shall comply with the requiremeints to reecive t.Ll;l.t CI Silver certification awarded by the United States Green Building Council ("f1SCiIIC —). The City shall direct the architect and contractor to prepare and tile the request for LLFI) C'I Silver certification, and all costs associated with the initial certification shall be paid out of the construction budget for the Improvements. The. City shall provide notice to Hie Leonardo upon receipt of the LEED CI Silver certification. Within one (1) year following receipt of the City's LEED CI Silver certification,The Leonardo shall apply for LEFt) El Silver certification, and shall be responsible for the costs associated with such certification. 'f'hc: I ennaida shall also be responsible to recertify with the USGI3C' from time to tunic, as regnircd by the USG13C, to maintain the LEED LB Silver certification in good standing. The Leonardo shall provide proof of the certification and recertification to the City's Facilities Services hiianagcr. it is currently anticipated that the Improvements shall be Substantially Complete tau (ietincd below) 0;1 or bcfcrc the currently estimated substantial completion date of November 1, Ntilo, hut neither die validity of this Lease nor the obligations of either party under this loam :;hail be affected by ;a failure to Substantially Complete the Improvements by such date. 1,0: l,arrpos.es of this I.ease. "Substantial Completion" of the Improvements shall he deemed to have greenest gas soot as all of the Improvements have been constructed, n final certificate cf occupancy It;cs been issued for the Building, the premises arc iii a "broom clean" condition (c.p., rei on ahiy free of construe-tin:1 dust and debris restaltiiit{ from the installation of the lliiproyenwmim). and are otherwise ready to be utilized for the use of the Premises permitted by this Lease. After The Leonardo ocClipies the Premises all material damages that may rmCeOr dnrliie the Ierni oI.this AEereemenl shrill he promptly reported to the C'uy's Fatalities Services I)!\!smut fvlaniager. All permanent alterations made. by The Leonardo to the structure!, permanent walls, controls. i 1VA(', lire ptulectinn, elevators, and plumbing, electrical and lighting of the I'reiniscs >;h;all be detailed in writing and approved in advance (which approval shall not he unreasonalii ae %vitlthcid), and shall not proceed without written approval of the ('ity's Facilities Division Manager lit oilier designee 7. I)EI'OSiT: Ilia Leonardo shall tint he required to pay a monetary deposit associated with this Agreement. In lieu of a monetary deposit, The Leonardo accepts the Building"AS IS"as of the Commencement Date, 8. ALTERATIONS OF BUILDING AN!) INSTALLATION OF FIXTURES ANI) (Y{'IIER APPURTENANCES: The Leonardo may, al The Leonardo's sole cost and expense In a goad and workmanlike mound', make such alterations and repairs to the Premises hrlln inu the Commencement Date as The Leonardo may reasonably require in connection with its operation of the Building, including but not limited to, the installation of exhibits or other programming improvements, provided that 't'ite Leonardo does not (without first obtaining the consent of the City) materially alter the basic character of the Building, weaiken any structure on the Premises, or materially mid permanently alter the LIVAC, plumbing, electrical systems. utilities .systems. roof systems, exterior wall systems, or elevator or escalator systems. The Lconaido shall also have the right to erect and install, at The Leonardo's sole cost and expense, temporary partitions. including exhibit partitions, and other trade equipment and wiring, electrical fixtres, additional lights and wiring and other trade appliances as may he reasonably necessary to facilitate the handling of The Leonardo's operations. Any alterations or improvements to the Premises (excluding The Lconardn's personal property and trade fixtures and equipment), not removed by The Leonardo on or before the expiration or earlier termination of this i\nreenrent (or a reasonable time thereafter), at the option of the City, shall become the property of the City. If the City elects not In take ownership of such property, The Leonardo shall Icrnoyc such property. II 'fhe Lconatdo fails to remove such property, the City may do so and bill The Leonardo for the expenses of such removal. In the event that the Leonardo ietnnve:s any such trade equipment, fixtures, or other improvements made by The Leonardo pursuant to this; Section, The Leonardo shall remove said equipment, fixtures anti oilier improvements in a good workmanlike manner, and all damage done to the Premises by such rcittoyal shall be ieparired at The Leonardo's sole cost and expense. The Leonardo shall restore the Premises In the condition as existed on the Commencement Date, reasonable wear and tear exccph'if. ':. ('LEANING AND (MAINTENANCE: 91 The Leonardo's Maintenance Obligations. As consideration IN. this Agreement, commencing, on the Cotnnieneeu't nl Dote and continuing Ihtoughnut the Term, The I conardo, at its sole cost and expense. shall keep and maintain the Building and all parts thereof, in good and clean condition and repair and in accordance with I.LED 1.13 ituidelines, and shall provide lot the i'cnular janitorial upkeep in aecnl'danec s'itlt the C ity s green cleaning standard and as ice ui:'ed Inr I.l:f;l)1:f3 operations and c.•crti(icauion described below, exterior grounds anti lauulscaping services (including lawn, plantings, tree, and shrubbery care. imitation. slim\ and Ice renuoval and other seasonal services, anti debris clean up that will keep the Premises in a neat, rtlet'l�. and aesthetically pleasing way), anti trash removal (or the Premises. in addition to the Iorct;otug, fiic Leonardo's responsibility includes the regular maintenance and upkeep of electrical. pintnhnic. elevator, escalatoi, and mechanical systems exclusively sereicitn; the Premises. such maintenance and upkeep to be done according to National Fire Protection Association, National I lecu'rcul ('ode (NF ') 7013. National Fire Protection Association (NITA) 72 and 7s. and ANSI-ASJIRF-AC(.'A standard 180-2(108. The elevator and escalators in the Building arc to he maintained by a State of Utah licensed elevator and escalator company and must receive annual inspection and recertification per applicable codes. Further, The Leonardo shall keep the sidewalks within the Premises reasonably free from ice and snow. The Leonardo shall also he responsible for all security and surveillance services to he provided on the Premises, The Building card access system shall be maintained by The Leonardo and disconnected from the City Intranet once The Leonardo occupies the Premises. (ipon termination of this Agreement, Hie Leonardo shall, at its sole expense, restore the Building;card access system hack to the ('ity network. The Leonardo shall also take reasonable measures to assure that the artwork on the Premises. including the items mentioned in Section 2i,9, are not damaged beyond the condition they are in as of the Commencement Date, as agreed by both parties on the Commencement Date pursuant to Section 2.1 above. The Leonardo shall not move any such artwork without the prior consent of the City. If The Leonardo fails to perform maintenance or repair of any portion of the Premises as required by this Section 9.1 within thirty(30)days after receipt of a written notice front the City (except in the event of an emergency situation, in which case no notice shrill he required), and thereafter fails to diligently perform such maintenance or repair to completion, the City may, at its discretion, perform such maintenance or repair on behalf of The Leonardo tipn;i written notice to The Leonardo. The Leolnairdo shall reilah;tlse to the City the reasonable cost to perform such maintenance or repair within thirty(30) days after receipt of notice from the City scttinc forth in { reasonable detail such costs and the items to which they relate. 9,2, The City's Maintenance Oblivations. Prior to the t._i'onlilieirce!iient Date, time City, at its sole cost and expense, shall he responsible tor sill maintenance and cleatllnl' of the Premises. At all times prior to and following the Commencement Dale, the City shall he responsible to keep ;and maintain in good condition, at its sole cost and expense acid without reimbursement or contribution by The Leonardo, and repair and replace, if necessary, the ioui'nta(rons,structural systems(both interior and exterior) including, without limitation. the real. Ylt Ilmeilit)rane, roof drains, roof covering, (iincludiilg interior ceillnn II damaged by iciik'I load-he:11'I:i ; ',`.alls, cohlimnmit, lintels, !Canis, routings, bloom slabs, s' li and tack:wafts 1 1Grmasonry \1'nl S, 'i ftl' immediately adjacent to the I dtlitT (other than sluU\1 and ice removal) and constituting pant (li- the Premises Purtltermorc, the City shall be responsible. at its sole east and expense, to replace, ii necessary, ;mil electrical (including the photovoltaic system located on the roam'the titul<iin!!1. phtnnimr.1, and mechanical systems servicing the Premises (excluding il:iv such tiystcilits) i!l.`.II!lied by I he Leonardo In accordance with Seclrun it above), and t11e upgrade of any shell! .,.:acres, provided that such upgrades arc not rrc;(iircd as a result alestlansinn()Lille I.eunmdo'i, ;is:r' or the E3nildinst, Notwithstanding the flu 'l'hc Lcon;udo shall he entirely responsible lot Imams' cost (%;' exll(:Inil' caused by the negligent or wiUttgliii acts or omissions al The Leonardo ill ;iiiv of The I.eoit;it(li) s employee's, contrit(e!or:;. invitees, agents, guests in.patron; relating to col:' Pniildir,g system nr other improvement. iC the Cite fasts r(t perioriii nlaintentmL_c, tcpulir, atld`or replacement of any portion of the Premises in, re:cinirc'rl by this Section 9.2 within thirty (0) days sitter receipt nl ;! written licfil('.i: 5 horn The Leonardo (except in the event of an emergency situation, in which case no notice shall he required). and thereafter fails to diligently perform such maintenance, repair, of repiacement to completion, The Leonardo may, at its discretion, perform such intamienance, repair, or replacement on behalf of the City upon written notice to the City. The City shall reimburse to I he Leonardo the reasonable cost to perform such maintenance. repair, or replacement within thirty (30) days after receipt of notice floor The Leonardo selling forth in reasonable detail such c:rists and the items to which they relate. 1i1, i►TILITIES: The City shall provide utility service to the Building. The City represents, and The Leonardo acknowledges. that the heat to the Building is generated by steam supplied by a boiler plant operated by the City (the"Boiler Plant") and that the Building is not serviced by any natural gas or furnaces, and that the cooling of the l3uiiding is provided by chillers located within the Boiler Plant. As of the date of this Agreement, a meter is in place that will measure anti assign to the Building the amount of natural gas consumed in the Boiler Plant to heat the Building, In addition, the electrical service to the Building is initially provided to the Boiler Plant by PaciliCorp, and then nuts front the Boiler Plant to the Building and is metered by an electrical sub-meter on the Building. Domestic water and sanitary sewer service is provided directly to the Building. The City shall maintain the facilities through which the various utilities arc provided to the Building. At the commencement of the Initial Occupancy Term, any tcic Bone service or internet service to the 13uildingg shall be contracted directly by The Leonardo and paid by The Leonardo directly to the telephone provider. I t, PAYMEN'l OP OPERATION, MAINTENANCE AND UTILiTY (.OS'I'S: Amok 11.1. Puintent at_Utilities and OItcr�ition and Ad_tiitenaueg Costs. Subject to the terms and conditions of this Section I I, commencing at the beginning of the Initial Occupancy 'term and continuing throughout the Term of this Lease, The Leonardo shall pay to the City, as „Building Operating Costs.,, the following costs: (a) the costs of utility service to the l;uildiur, and (b) as further sot loth in this Section 11, the costs associated with the operation of the Boiler Plani that rate allocated to the Building, so long as such costs arc reasonably supported by the City. The Leonardo shall pay the Building Operating Costs identified in all invoice from the City a;ithin fifteen (1 5) days tiller receipt of such invoice. Lx;cepl as set forth in the previous sentence, the costs of utility service in the Building and the Costs associated with the operation ell the: Itniter Plant shalt he calculated as follows: it_l.1 Ncaur:oi Gip:. The costs for natural ens allocated to the 13uilcling shall he ha:ccii upon the monthly gas bill received from Qucstar C.ias Company. or its successor gas provider, and then allocated to the Building by a separate BTU sub muter. The allocation of t as east shill he calculated by the ratio of BTU's used by the Premises divided by the total 13'f'l !'s for till buildings served of the central gas meter and multiplying the ratio to the total cost 01 gas as pink-tiled by the monthly Questa'. gas bill, resulting in at reasonable cost allocution for the Premises. fhc City shall prepare a separate monthly billing and shall scud it to lime I.connrdo. 1 i l.-) /ie'c!•trr!r. The costs Ian a kilowatt bout (OVII) and a kilowatt tcnt,uid (I:\\'In '. ll he based off of the sih-iueter on the main electrical scvitchye;ar supplytne the Building. Such sub-meter shall measure the electrical consumption for the Building. The cost of electricity for the Building shall be based upon the cost of I<WI I and KM-) measured by the sub•meter for the 13uildirirt. The cost per KLVII shall he determined based upon the current month's tutu cost as calculated from the hill sent by PacifiCurp to the City for the electricity provided to the central electrical meter in the Boiler Plant, 1 1_I.? Domec!i(• Water. The cost of domestic water shall he based upon tb_' 011intwt of water consumed associated with the Building as measured by ;1 sepa,:lac meter for the Building. I i.1.4 Boiler Plant Operitlr,r2 Cm/s. As of the date of this Agreement. t)le C ity's accounting system separates and collects Costs associated with the operation of the Boiler Plant in a specific costs center. The costs included on this account include the e.osts associated with the operation of the Boiler I'iitnt and the materials (such as pump::, motors. grease, lights, bun belts, etc.) necessary to keep the ballet plant in optimum running order, the costs to operate the Boiler Plant (including labor and materials) shall be allocated to the Building; based on a ratio. the numerator is the Building's total Iilt.Is for gas and electricit , and ow denominator is the total I3TUs for gas and electricity for all buildings served by the Boiler Plant. which buildings shall include, at a minimum, die Building, the City and County Buildithte, and the New library. 1.1.5 Boiler Plant Bain!. l'vsty. As of the date of tins Agrcc:nn_nt, there are electrical, natural gas, and water costs associated with operation of the Boiler Plant that ;ire not directly metered or.iliac:aled to the Building or other buildings and Facilities serviced h, the Boiler Plant. The Boiler plant utility costs shall he allocated to each of !he buildiill,s served by the central tins }roil electricity meters based on the ratios calculated in section 1 1.1.1 for gas natal in 11.1.2 for electricity. The amount nl natural gas used in the Boiler Plant shall be deemed to be the total natural gas constunption measured by the natural gas meter to the Boiler Plant less the mutual smis consumption sub meter to the Building and any mind all other buildings and facilities serviced by the Boiler Plant, which buildings shall include, in a minimum. the Building. the City and County Building;, and the New Library. A water meter shall separately metal the water r,rccl by the Boller Plant and shall be allocated to each of the buildings served by the (holler Plant (which buitdin,;s shall include, at a minimum, the Building, the City and County Building, ;Ind ill_ Ne t.lhrmuv) hosed na the combined ratios for the respective buddine_, electricity and ems usage. . 1 1 2. I;.scluctcd Costs. The Building Operating Costs shall not include, ant) h, Lcon. rdo shill tint he uhhgated to pay for the costs ;Isroelihtecl with: (i) ably t't)st;; associmte(I v,utli ark' urust;illition or construction of improvetihents associated with the locker Roinum ;:nil the c! ('lt_�;'`. se thereof; Hi) any damage to the Building caused by the C'ity's negligent or intentional :!cite iii n;111;;sirnhs; (1ii) tie repair or restoration orally portion of the Building e.•.;;ust'd by any danuicr•c e,l destruction that should be covered by the insuttuhce required to be maintained h., Section ;anal Hy) env cost aS'OCi;hard tvitlh ;my tither huilrlint; owned of opetaled b,, the City nr \11ti1 IL' 1'I;1111 I,ih;;:Iv ai;ei Its groulhcis and c'.tenor Icaltures, hitless The Leonardo Iu;l:, use ul !aid' hall lil l;ill Iu I I.ti. No Additional !.'i jm cial Sqj port by the City. Other than by providing the Building at the specified rent, the City shall have no obligation to provide additional financial suppoil to The Leonardo Or to the operation or use of the Building or to programming during the Term of this Agreement beyond that already committed by the City, as set forth in Recital (i above. The foregoing shall not limit the City's obligations under this Agreement. including without limitation those obligations relating to capital improvements, the provision of heating and cooling, and other similar obligations. 12, 'FAXES, I.IC.'ICNSlS ANI) PERMITS: 'Ile Parties acknowledge that the Internal Revenue Service classifies The Leonardo as a 501(c) (3) corporation, and the City is a municipal corporation. As it result, neither panty is a taxable entity. If either Party allows a use within the Building that subjects the Building to any reel estate taxes or assessments or any other taxes or assessments, such Party shall he responsible for the taxes end assessments arising (hint such use. Fitch Party shall pay any sales taxes and other taxes that are applicable due to such !'arty's use and operation within the I3uilding, Throughout the entire Tcrni hereof, each Party shall pay directly to the ;appropriate taxing authority when due all taxes, assessments, lees, and charges levied on such Par►y's personal properly, including, hut not limited to, equipment, fixtures, fitrnishin s, an(i other personal property owned by such Party within the Budding,. Notwithstanding anything herein to (ltc contrary, The Leonardo shall be responsible for paying any privilege taxes imposed on or with respect to the Building. at solecostcontestany taxes o r assessments ( Littler Party, its alld expense, may (� riS:i._�..:nClltti i!1ICCtI1:L'; the Building, and the other Party agrees to reasonably cooperate in any such contest. including the cxcclltinll of any necessary documents. Any refunds and rebates of taxes or assessments obtained through a contest shall he applied as follows: (a) first, to the costs incurred in contesting such taxes and assessments, (b) second, to the Party responsible to pay such taxes pursuant to the terms into conditions of this Agreement. 13. RESPONSIBILITY FOR PERSONAL. PROPERTY: Neither Party shall be responsible tat any damage, loss, harm, injury, vandalism, theft, or pilferage whatsoever of or ill any furniture, artwork, furnishings, equipment, or other personal property owned by the other ('arty or its tenants, licensee's, guests, or invitees. Any personal property placed within the Building shall he placed therein at the sole risk and hazard of the owner of such personal tacit Party shall he responsible to maintain adequate insurance covering Its n vn personal ttopeity. knit Party shall require any tcn;ntt or licensee to agree to the terms and (onditions et this Section 13 and to maintain adequate insurance for such pttrty's personal prnla'tiv that may be located within the Building. 1-I. PARKING: The Leonardo shall have the right to priority and exclusive use of now I')) park nl : spaces in the underground parking facility located beneath I rbriry Square, nn oh three I ) of such spaces to he located adjacent to the tnldcigruund duck area of the Building fat periodic exhibit delivery. and the remaining six (b) spaces to he located on the northeast corner of Level I of the parkin,: facility (for the purpose of parkin; a trailer (a.k.a. "The Leonardo Ott Wheels-) in such stalls). An additional two (2) parking spaces at the southwest corner or l,evct I shall he granted to The I.con_rdo for the purpose of a dumpstcr. huribernitmrc, lime I.cnnarclo N11;111 t7.ilC tin' I ieht in request Ir17ti1 the City in auv time during the 1 eon hereof, the non- Amok II exclusive use of tip to an additional thirty (30) unreserved spaces in the with: ground parh►uul facility (at no additional cost to "Ihe Leonardo). to accommodate nod satisfy the parking needs of The I.eoitardo's management and staff. Nothing herein shall be construed to limit the ability of 1'hc Leonardo's invitees, patrons, and guests from parking (in common With the public) in any other City owned parking areas surrounding the Building, subject to said consistent with the ('ity's rules and regulations regarding such parking areas then in effect. Any special event visage of parking ninst comply with City policy and'requires the prior consent atilt:('rty. Notwithstanding the foregoing, if the City alters or changes its policy on Nov', it will nirrna!e and finance the underground parking facility, including tlse charging of fees for employee use, such policy change will immediately apply to use of the parking spaces granted to the Leonardo, except for the iwo (2) parking stalks for the dumpstcr and the three (1) parking stalls adjacent to the loading dock that are not used for employee parking. ilowevet. the application to the parking spaces granted to The Leonardo of any such policy change shall not he done' in such a manner as to treat employees of The Leonardo less favorably than City employees „re treated. 15. SURRENDER OIL THE BUILDING: Upon the expiration or earlier tcrmninatioli of this Agreement, The Leonardo shall surrender the Building in good, broom clean condition. ordinary wear and tear excepted. Upon such termination, The Leonardo at its sole remove all of its personal property from the Building, restore and repair any d::'r';r:;c S(:stclne;l to the Building resulting from removal of such personal property, amid shalt Hive the City's personal property intact. (t is agreed and understood by holh Parties that rxisli!)r; heating, ventilation and air conditioning("1IVAC")equipment,electrical, plumbing, and li,^h;iutr equipment attached to the Building is part of the Building rind shall remain the C'ity's property at the caprratio?i or earlieI' termination of this Agreement, and shall not he t'i'I11U','cd :! t!r.: I tItlCt'' litIICSS othciv,,ise agreed upon by t1L Parties hereto in writing The r im:;ci;.._,•,'l, keys to the Building to City upon Vi._ating the Building,. I(. QUIET POSSESSION: The t.'ity represents and warrants that it €i s good ;Ertl I;arl.o'r'.)11e title to the Premises (including hilt not limited to the Building), and that the Premises tree r!:d cleai of any ever ubl'anGeS, S: long urn ('iV2- I,c'unertk,confhmrmmm; to the re. m .. €lie i eomn::: !c' slid1 e' ietly and reaccfully enjey the Premises, and the City shall i!:rc,,. i tr . t..e. „nrdu it; Su:;;' enjoyment and peaceful t;;) ot..;.rt.,r, 111:olio,,ilori'l ilme tlllil:: 1ieupr!i!e t ert:; ;Ind .,nv Extended €ertri(s)of this A"r(_-.,,c!rt. 17. WAIVER: The waiving orally of the covenants or provisions of this gtcement e i€I:I Party shall be in vritini' and limited to the partictilrrr instance and small rill' h ilC:,.;l!;'1 to l',:. ,, w,nvcr t',I..,'w other breaches of such covenant cur tiny provision hereof. 18. FUI{('E MA,lI.IERI : Any failure ott the part of either Party to pet in mm any uhtie..::tiutl hereunder. and any delay in doing any act rcelitiled hereby, shall he excused if such failure or delay is caused by any strike, liiho1' dispute, lockout, governmental resit ich um, lilt' t;: other C!',11;11t1 lbeiltllel' e11' nalill':!1 disaster, ehnil:I+ge to facilities (not caused by sal: Palivt. conrk ct € v third pririic}, for tiny similar cause beyond the r�e;isnu:ible control of ale Pally l;lilUl_ 12 to perform, to the extent and lot the period That such cause continues,save and except that the provisions of this Section shall not excuse any nonpayment when due of money hereunder. Ih, ASSIGNMENi AND SU13LE'l i'ING: The Leonardo nay sublease space within the Building only with the written consent of the City,which shall not he unreasonably, tt.ithheld, conditioned, or delayed Any such sublease must have a direct relationship to The I.conaitlo's Mission and programming plan.No sublease agreements shall be in conflict with this Agreement. Subject. to the above, this Agreement and the rights anti obligations of the Parties hereunder shrill nit be assigned to ;my other person or entity without the other Partvs prior written consent. 20. LOC'KNR/SiIOWfi h ROOM: 'I'l:c City, as parr it.'the Improvements, shall constnict a locker roont with locket's and showers consisting of approximately I.I00 square feet on the first floor below the Main Floor as shown On the Floor flats(the"Locher Roost"). I'hc I(raker Roan)may be used by employees of'fhe Leonardo and The Lconardo's tenartis,If any. and by the C'ite's employees whose offices arc in the City and County Building, the building ocenpicd by the City at b00 South 2(0(I East.the'wilding occupied by the City known as Plaza 14O. the Justice Court Building occupied by the City is 333 South 2(10 lust, ;rod ;any other building heated within two blocks of the Building(tile"Locker Room Authorized Users"). The locker Roost shall he accessible For use by the Locker Room Authorized Users pheasant to a separate,underground entrance. The Leonardo and tlir City shrill jointly ineart;e the etc of the ockcl Roo'ni sa Ihat the Locker Roo'.n may be equally used estl ei,lc:'e,l by the Locker Roam Authorized Hirers. The Leonardo and the City may cstahlish treasonable ruler,aa,l rcgiontioi,7 relining t the use of II c Locker Iio,u tmch ridesems;est L•e n.tri Ills , ;rot ed by the Parties. '�lit Furthermore, the ('ity shall he responsible for the maintenance Had janitorial upkeep cf the Locke, Room, awl The Leonardo shall be responsible to pay all water and other utility costs associated with the operation and etc oi-the Locker Room, Urdet nn conditir:n shrill the use of tite locker Room creole a but den upon,Ittcrfciv With,Or hinder the ens of the Building by the Lconurdn. nor shall 'Ike I commit) unreasonably deny access to the locker room to any City enipi.cvice. As part of the construction project,the City shall ensure that the 1.tntl,ci 1<Onnt is Isope•rh;secured_ 21. INSURANCE: 21.i. Gemin,al. Any insurance coverage required Ol The I.conardo herein than is written on,a"claims made"(firm rather beet on tin'Occ.urrence"ions shall(i)provadc full prior acts covcray.e Or have a reroactive chute effective before the drat of this Agreement. anti(h)he maintained for a period of at Cecil three(3)years following the end of the term of this Agreement or contain a comparable"extended discovery"clause. Prvidcnce of current extruded discovery covcriuc and the purchase options;ivailnhlc upon policy teriuimilio;a shall lie provided is ills City. All policies of insurance Ince•n'ided shall(Sc issued by insta'tutcc ctimp:ntlrs licensed to do business at the Sete ef'tttah tied chits(I) listed on the.Itinted Stales Treasury I)cpartnicni'a isles'of Approved Sureties(Department Circular 5701(es attended),in(2)currently rated"A- "or better hyv A.bi Best. Co knit Party shall cause copies or ccrhficalcs of insurance in bt' furnished In the tithes Party concurrently whir or prior to the signing or Ibis Agrcemcnt. It isq,cslrtl. the Leunartln sh;di alas ciistte ropita Or the insurance policies required by this Adlosib, i+ t Agrcenx'nl to be provided to the City-. In the event that governmental immunity limits are subsequently altered by legislation or judicial opinion, The Leonardo shall provide 1 u(\c cernlicate of insurance witiiut thirty (:((1) days alici being notified thereof ill writimU by the ('icy, ccrtifyine coverage in compliance with the modified limits or, if no new limits arc specified. to au alumni! acceptable to the City. The City may satisfy its insurance obligations through self- insurance. 21.2. wu i cr's ..:pu pCnslitii)il Insurance. Each Party :.hull obtain and Maintain durinie the 'Icon of this Agicement worker's compensation and employer's liability insurance sufficient tinder !flab law to rover all of such fatty's employees employed at the LIM!ding. In the event The I.eon:tido subcontracts any work or subleases any space in the Buildiiic, 'the i.eonardo shall require its subcontractors) or sublessees similarly to provide worker's compensation insurance for all of the lattcr's employees, unless a waiver of coverage is allowed and acquired pursuant to I law. 21.3, Commercial General Liiability'_Insui'ijncc. The Leonardo shall secure and maintain during the '1 ern) of this Agreement commercial general liability (C'(iL) insurance with the City as an additional insured, in the minimum amount of$2,000,000 per occurrence with a $3,(lt)tl,Of111 `!Cllcl'iil ilf;trt'iriiie i!Iit) S3,000,000 products anti conipleted operations a,ggrci!atc. •these limits can be covered either under a CCiL insurance policy alone, or a combination of a ('(.;I.. insurance policy and an umbrella insurance policy and/or a CCI, insurance pulicv and an excess insurance policy. The policy shall protect the City, "file 1•conardo, aitd any stihcotitr;ietor or sublessee (rills claims for damages for personal injury, iltclutlinti accidental death, and from claims for property damage that may arise from The Leonardo's operations under this itreei lent, \t'hctlier perfi)nncd by The i.eonardo itself, any subcontractor or subleSec, OF anyone ne directly or indirectly employed by either of them Such insurance shall provide coverage i;,r premises operations. acts of independent contractors, products and completed operations. Lie City rein'csents, and warrants that it is self:insured pursuant to the provisions of Utah Code Se tion (13C-7-'0l and may levy an annual property tax sufficient to pay any claim, settlement, of judgment pursuant to the provisions of(Rah Code Section 63G- -7(l4. The illininlun' limits and coverae,c nl lia,utity nlell:,atec shall not limit '1'€ie Leon ' ; h!..,u artlt, l,ul�.nilu�ica Ic'�11h t u ,ions hereunder. 1 -I. ('nstt llv insurance. The City shall maintain in full trove and effect diking, the 'I erla of this Agreement a primary and non-contributing policy or polieics of cortin)t'r( r,ll "All-risk (also known as a 'Special Perils Form'') insurance covering fire and cstendcd t'tt1'crOL' , vandalism ansi malicious mischief, sprinkler leakage, and all other l inatoah' l is W 1c'iotlt direct physical loss or clanullecc which arc c:u5tnniarily found in all-risk polities liit' sini;ho blll l(h ntc to „teci Ill fall I_ii€;c.' County, and any other coverage ntntually agreed to by the l'it:ilcs fur tht' full rt:'j,iaccil)Cllt value ol'!he and the fixtures aid equipment affixed ilieicto and considered a pail thereof. The (;'ity shall set the amount of any deductible and I he Lec,; it l(t shall pay ;my decloclihle uilicss the ('its'causes the loss to which the deductible relates, provided that such deductible shall nml be 1 excess of ', (l,t)1k), is agreedit a}' s; Si Iis in 1 •;i Ita,.rec.,} that rllc City ill � ohli iItIUi s fluter !his SeCtnill thr(ttigli a resent' fund established pursuant to Utah ( ode Section (r,(. - i•-'t lt. If a t€ii:'d-party insurance 11olicy is available that piol'idcS slilltlat or tnet cuceci1',C ;it a l(".ter t•t:5i, Hp.: Leonardo Iilay obtain a policy of'llltilli'i1nC•`_' 111)111 inch third-pally illstisalict 11 • p earners. in lieu of the policy otherwise maintained by the City in connection with this Section. Such pulley shall include at least the s;nnc coverage as provided in this Section. Hie Insurance proceeds shall be released to the City in accordance with Section 2'? of this Av..rceinent to reconstruct the Building. I'hc Icon;n'dn shall pay the premium allocable to the Building for the insurance maintained by the ('it}' pursuant to this Section 21.41. 21.5. Cplinnereial Auto(ilobile. Liability Insurance. The Leonardo shall maintain during the Term of this Agreement commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles in the minimum amount of a combined single limit of S2,00t1,000 per occurrence or $1,000,000 liability per person, S2,0(I0,000 liability per occurrence, and .'250,000 property damage. These limits can be reached either with a commercial automobile liability insurance policy alone, or with a combination of a commercial automobile liability insurance policy and an umbrella insurance policy and/or a commercial illltCililnl)ile liability insurance policy and an excess insurance policy. 21.0. Insurance Non cancelable for30 Bays. All required certificates and policies provided by The Leonardo shall provide that coverage thereunder shall not he canceled or modified without providing, in a manner approved by the City Attorney, 30 clays prior written notice to the City. 21.7. Personal Property Insurance, Subject to Section 21.9, each Party shall unsure, or cause to be insured, all personal property of such Party or of its tenants. licensees, or employees located within the Building. Neither Party shall permit the Building to be used for any purpose that would render the insurance thereon void or cause cancellation thereof or cause the insurance risk to be flume hazardous, or increase the insurance premium in effect at the link of thu commencement of the Term. Neither Party shall keep, use, or sell, or permit to be kept, used, or sold in of about the Building any article or materials that arc prohibited by law. 21.5. Waiver of('chain Rubes. With respect to any loss or damage that nl;ly n:'ciii to the Ituildins; tor any inlpmyclnlcnts thereon) or the respective property of the Parties therein, In situ: iraili any (Lill customarily insured under a hie and extended coverage Insurance policy. tegurdless of the cause or origin (to the extent allowed by law), including negligence of. the Parties, their aeteints.setyauts, tenants, licensees, of employees,each Party hereby releases the other faits bum ;:II claims with respect to such loss; and each Party agrees that it and its illsiiraiuCe company, it any. shall have no right of subrogation against the other Party on account nl any such loss, and each Party shall procure lions its respective insurers tinder all policies of file and extended c o crane insurance a waiver of all rights of siibrnealion against the other Pail,/ which the insire's might otherwise have under such policies, _'I.cl. Insurance of Artwork. 'f he City shall maintain in full force and effect dining the limn of This Agreement replacement cosi property insurance or, where applicable, time lira cnveiagc. li r the artwork owned by the City within the Building, Including without limitation insurance for the following artwork: (a) the Both.; Snow mural: (h) the Roper sculptured wall on p 15 l the south side of dic littilding: and (c) the Cartvaglia fountain sculpture in the Atriium Garden. The City shall sct the amount of any deductible and The Leonardo shall pay any deductihle unless the City causes the loss to which the deductible relates, provided that such deductible shall not he in excess of$10,000. It is agreed that the City may satisfy its obligations under this Section through a reserve fund established pursuant to Utah Code Section 63G-7-703. The i.cnnardo shall pay the premium allocable to the artwork in the Building for the insurance maintained by the City pursuant to this Section 21.9. 22. 1DAMA( E/DESTRUC:TION: If fifty percent (50 4 or treater of the tliiildint!, li wholly or partially destroyed by lire or other casualty al any time during the In;ti;tl Occupancy Tern; or any Lxtcnded Tenn(s), The Leonardo or the City shall have the right to terminate this `!grccinent by providing written notice to the other party within sixty(()t)) days after the casualty event. If this Agreement is terminated, the proceeds of the insurance maintained by the ('ity pursuant to Section 21 A shall be pair! end released to the City. If' this Agreement is not terminated by The Leonardo or the City us provided above, the proceeds of insurance maintained under Section 21.4 shall be released to the City and the City shall, as soon us coinineicii Ilk e)p ; tide and in no event later than within sixty`((0) clays idler such damage occurs commence the planning, and design for the repair, restoration and reconstruction of the Building (and thereafter diligently pursue them to completion) consistent with the final plans, including ant; ti.tfli!C'r, and equiptitent that are deemed p ,rt theDui except us may he otherwise agreed Parties. Notwitia.standinc the a.hco , i E the Building is substantially dant:TTed or !...;to,ved and the City dishes to co? ;tree: _ . or different on the )ic )crtv, the City notify The 1.,eonardC7 f artier; slit:)) tact, to discuss ilie poss1b?Ilia' of the iluildiny=, with ii view buntline. and The Lconti''da occupy the 112.. hnile!ill!' Dnrni ,nov period 1 he !,eon:1rdo c:t;aiot :' ii'lon t)I (is': lli (hia`hi ? ! g fc3:' i 1. (hie t:: ;!ta''. (::'.li ''' to the II:t lilt' ' Cl:;:l t . 1;.;; ' Ftit I �- i::i C�(:.:l:l), ail- �i c:lr: of .., cnda, I cl, '•s) of thi:t (\l;een-iclat, as i.Iilii, ::)!C Sa 3 i!1)liil ' i!'. fen. :ii3ilil t)l: it)lled I_C:J:1L,l1U'„ obligation to lily real ;Illy tac 'tc ! i ent il•• I ( 1 C;i or Ott?� Jl.i.i, 1 i?dQ, tail` f��C;t'�C:,1 all t!C: i!':)i,;;::1 t!nlc ;IS T]le I.Coi,ilydo is a)le in rCilson£lbly Gee the Roil:lilt:J. The I.crilnrelo',, inicllel';d tin . CONDEMNATION: ?3.1. l t)%1� iiai ino II the entire Building is taken tinder the pow;, of Chilli:rt donuiiii tlhis Agreement shall automatically terminate as of the date file I cooiirclo is I"C(1umct! i t viicitl:' tiro llnilding, and the City and The Leonardo shall each thereafter he released from ant [rather liability under this Agreement, except for any provisions hereof that shall sin-yr,..c ill' !er;aili:lilc)!S of(hl:, Agreement. '. .' 1)aartial_T.akim2,. if a tnurtiO;t in excess or twenty pci cent ('0'4) Of ti;'c ri,otii !e Oi Ile' Iludding i5 tal;c'ii under the power or elmiinent (tonian1, !'illicit l>;'.oy Ili;!`,' ietnoriete this A!grcenient its of the date The Leonardo is required to vacate the 1iaildint„ upon thirty (20) da\s prior written notice to the other Pray. If this Agreement Is lie)i terminated, Ike Leonardo shall remain in that portion of the Building not :Si taken rind, in ttart even!, the desalt, at the t'itv', site coil and expense, restore the rentaininit pr)rtion of Ihc' ltirilillil is ,.:!till i!: 1(t , passible in a complete unit of like quality and character as existed prior to such taking and The Leonardo. aft its sole cost and expense, shall repair, restore, and rebuild The L.eonardo's furnishings, fixtures, equipment and other personal property located within the fiuildinu, applicable. 2,1.3. t_ondenanation Awards. ii this Agreement is terminated due to condemnation, or any portion of the Building is taken but this Agreement remains in effect with respect to any portion not so taken (pursuant to Section 23.2 above), any and all awards or proceeds from such condemnation shall be payable to The Leonardo up to the total amount of the proceeds, Insurance, or other funds and any other awards that may he payable to The Leonardo under law. Any condemnation award in excess of such proceeds, insurance, or other lands or atratds shall he payable In the City. ? 1, INDEMNITY: its a contractual obligation and material consideration of this Agreement, each Party ("indemnifying Party") shall indemnify, save harmless, and defend the other Party, its agents and employees, front and against any and all suds, actions, hens, damages, claims, liability, and expense (including attorncy's fees, witness fees,discovery and investigative costs, and aide; legal related expenses) in connection with or arising out of the active or passive negligence or action of the Indemnifying Party, and/or its agents, servants, contractors. and einpluyces. In the case of The Leonardo, such obligation also applies to any actions or damages resaitinu ll'n111 t ho i,ccinardo's contracts with third parties relating to the 13uilding, including any rotating to special exhibits and including without limitation the contract with hxNei, Nothing herc.'ur shall require the Indemnifying Party to indemnify the other Party for the other Party's own t;i' action. IW1"Att!.'I': 25.1. The lotlnwinu shall he deemed events of default nrdais i\arc.' neat: 25.11 hither Party ("Defaulting Party") lads to iray nay an;nunt to the oilier Party (-Non-defaulting Marty") when the same is due, and such failure continues for Iln ty (30) day;: elfin the Nun-dcfaailtiue Party has given the Defaulting Patty written notice snecilving the amount due. The 1)clialltiug Panty fails to observe and per►ttnaa any other ploviston of ihi, Agreement to be observed or performed by the Defaulting Pauly, where such failure continues for ninety(9(1) days (except where a different period of time is specified in this, Aurcenanit) abut ty'tittcu notice by the Nun-defaulting Party to the Defaulting party. If the nature of such default is such that the default cannot he cured within such ninety (40) day' (or other) pet rod, the (Defaulting Parts' shall not be deemed to be in default if the I)eltniltine Party �fl,tll v ith;in such period have commenced such cure and thercaticr diligently prosecutes the same to completion 5.1.; Alter the commencement of the initial Occupancy I ern, The I C011aldit h:ds to continuously occupy anti to rise the Budding consistent with the l.ec nartlo's mission. is dctincd itl this .Agreement. for al period of ninety (t)t?) consecutive days. and l:. l thereafter fails to continuously occupy mid use the Building consistent with The I.eonaidu's Mission lot an additional period of thirty (30) consecutive days rtficr receipt of a written notice from the ('ity. For purposes of this Section 25,1.3, failure to occupy and use the Building shall not include reasonable periods of vacancy or non-occupancy due to: (a) damage, destruction, condemnation, remodeling, repairs, or restoration of or to the Building; (b) transition of occupation of portions of the Building by tenants or licensees; (c) programming, arranging, preparing, and setting up exhibits within the Building; and (d) transitions between esllihits and displays, so long its other portions of the Building are being occupied and used by The I.conarda consistent with The f.eonardo's mission. 25.2. If an event of default occurs, the Non-defaulting Party shall have the tight to: (a; terminate this Agreement upon fifteen (15) clays prior written notice to the other Party, or (h) pursue any and all other rights and remedies available under this Agreement, at law, tic in equity Notwithstanding the above, bcc:attsc of the up-front costs incurred by the I,cmni,lt+lo associated with the Building, it is acknowledged and agreed by the City that the City cannot te:rniinate this Agreement unless The Leonardo breached a substantial and material terirt of this Agreement, Notwithstanding anything herein to the contrary, failure to pay base rent or any other amount due under this Agreement within six (6) months after written notice of delinquency is issued by the ('ity shall be deemed a substantial and material breach of this .Agreement, II'this Agreement is terminated, The Leonardo shall remove from the Building its fixtures, furnishings, equiplimenit, and peisoilal property and surrender the Building in (be condition as required under this Agreement, and The Leonardo shall have a reasonable amount of lime to remove such items and repair the Building. If The Leonardo !ails to remove any of its movable personal property flow the Building upon the termination of this Agreement, the City may remove, store, sell, and dispose of s;uclt personal property in accordance with applicable law, 25.3. Dispute Resolution. Notwithstanding anything herein to the contrary,', if tiltre i a dispute concerning the existence of an event of default, the Parties agree to amicably attempt to resolve the dispute using good faith efforts, including, if requested by either t'::ray, pailicipati3Oil in non-binding mediation. The Parties shall equally share the cost of the mediator, 2(.. REPORTING: On an annual basis, The Leonardo shall provide a copy of its (a) st;Itcmcnts and .1 rcport relating to the pertonmucc of f he Leonardo dor'int', the ihi'c:'i.'t ing year itl tin: City, within? ninety (1N)) days lollowitie the cii I of The l.tonardo's IISc(ll year, and (b) annual budget (approved by The Leonardo Board of Trustees) for the theft-current ()seal year, within thirty (30) days following the commencement of such liscal year Noty it lst;Inding the Forcr-oing, the substance. of ally such information provided pursuant to the geutimur shall not, ill and of itself, be grounds upon \\llicit 1 City the may declare The Leonardo Uo he in default of this Agreement. To the extent allowed by law, all information provided by I,eonie la pl!isnant to this Section shall be confidential maid not subject to public disclosure ltit;l'ei thu t irrrerluuetIt Reeords Access and Management Act, Utah Code Title 03(.i, ('halter 2. 27, NOTICES: Ali notices, reotte--:;ts, demands, and other coilh!nrtnic;liinns hcreiui:ki :;!tail f':c: tit; y;rititihr mid shell he )lent by(i) estahlisitcd express delivery service %%in 'lt niatiltliars delivery r„eat;ls, (ii) hand delivery, or (iii) certifies) or registered nlslil, pr,stllu,c prep:nd. icinru 1X lecell)I rc+luciicd. to the I'artles at the following addresses, or at such other address as the Parties may designate by written notice in the above manner: t'Ii} I'Itc I..cc>nardo SA I 'r I,AK I'. CITY CORPORATION The Leonardo nt Library Square c%o Facilities Division 209 East 500 South .18 Last Wit)South Salt Lake City, Utah 8411 I 1 Salt Lake City. t huh 8,11 ! 1 Attention: Executive Director With :t copy to c'o Properly Management P.O. Box 145460 Salt Lake lily. I huh 841 14-500 The I.cc+nardn shall 1103!W any payments to the City to the address for the City set lorth above. Notwithstanding the foregoing, during the Pre-Occupancy Period (e.g.. prior to the Leonardo's occupancy of the Building), notices to The Leonardo shall be sent In The Leonardo at Library Square, P.() Bc,5: 212+1, Salt Lake City, (hall 841 I0). 28, REPRESENTATION REGARDING ETHICAL STANDARDS FOR C'I'i'V OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS ANE) EMPLOYEES: Ask The Leonardo represents flint it has not: (I) provided an illegal gift or payoff to a City officer or cmployce or former City officer or employee, or his (Jr her relative or business entity; (2) retained any person to solicit or secure this Agreement upon an agreement or understanding for it commission, percentage, or brokerage or contingent fee, other than bona fide cinpIoyeCS or I)co313! Title commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in C'ity's conflict of interest ordinance, Chapter 2.44, Sall Luke City Code; or (>1) knowingly influenced, awl hereby protnist. that it will not knowingly infli►ence, 3t City officer or employee or former City otfircr or employee to trench any of the ethical standards set forth in ('ity's conflict of interest ordinance. ('hupter 2,44,Salt Enke City C'into, 29, 'ftl\il.: rime is of the essence in this Agreement and +tf Cvcry Icttn, covenant, and addition herein contained, 30. Sltt'CESSORS AND ASSIGNS: All of the rights and obligations oldie Parties under this Agreement shall he binding upon and inure to the benefit of the respective heirs, cxCcut,cis, ;uul their permitted successors. This Agreement shall not he assignable. 31. INTERPRETATION: The captions by which the sections of tins Agrcet,+cnt OIL idcmtilicd aic fat convenience only and shall have no effect upon the inicrprctaiion of tins Aglrc inenl. 'He: Parties acknowled►;c and agree that ;ill of the terms and conditions of !huts Affecnicn; arc conlrarlual in nature anti shall he interpreted tinder any applicable laws as cutiiraru„t1 cthliww.ations, and eacit Party watvcs any ci;titn4 or deleitses to the cotttuary \1'hcncycr It) the t:nntext so requires, the singular shall include the plural, the plural shall refer to the sin;tul:u,and the neittel sender shall include the masculine and feminine genders. This Agreement shall he interpreted in a reasonable manner to give cited to the Parties' intentions as set forth herein. 32. CITY IS A CrO\'ERNf'IEN'I'A1. ENTITY: The Leonardo is hereby iniurnied that the (.'its' is a t;ovcnittt,ntal entity under the Governmental immunity Act of Utah, Utah Code Ann. ti` 63c i-? (2008)(the"Act"). The Parties acknowledge that all of the terms and conditions contained herein represent contractual obligations as such term is used in O!ah ('cede Ann. * 636-7-30I I i)(a) (2(1(18). Nothing iit this Agreement shall he ct.no;inict' to enlall,,e of lessen any rights of the Patties tender the Act. 33. AU'I'l1ORl'I'Y TO EXECUTE: Each person executing lint; Agreement individually and personally represents and warrants that he or she is duly authcrir.cd to execute and deliver the sank on behalf-of-the entity for which he or she is signing, mid that all corporate: and/or legislative authority ity and approvals, as the Case may he, have iiemtl obtained, and that tl;t:. AtUcutnent IS;i hinditlee nbhgatjai on such entity. 34. NO ..\(il',N(. Y: In assuming and performing the obligations of Otis Agreement including hill not limited to any oblig1,ationts relating to The l..coniirdo's programming, Ill_ City y ,diet The I conardn are each ;acting, it:; independent parties as laindiord and tenant. rco metl',l'.IV, and l icithc: shilll be considered er represent itself as a mint venturer, partner, ageiil, !."t'emploveu of the utitc. I here is nt. intent by either Parts' to create or establish third party lien iheiary state,: :n any thlt{1, 11;t'"i}, and ne such third Intrty shall have ;ntv right to c'n,rei.s_' {'heel any benefit created o:established tinder this Agreement. 35. AI'I'LIC'ARI,E LAW: This Agrect;tent shall he interpreted in accordance and enforced under the laws oldie state al"Ut: 1. 3(. ENTIRE AGREEMENT: 'i'bis Age ement constitutes lire entire ;,reem:'tu etween the Parties relating to the subject mallet oh'this Agreement, and ineorporiltcs all 'viol correspondence, communications or agreements between the Parties elating to The 1.'euna de';. least' of the fluilthnit from Mc City, arid cumin: he altered or us:itgil'.:d exeunt in t!'tiltnc signed hr. both Parties. 37, STATE I('IENC'E CENTER. AGREEMENT: The City hereby reitrrseuts ,red traits to 'Flue Leonardo that the I huh Science Center Agreement has been letn,iniacL't ;Ind it, or no further force or effect. B. ENTRY 1W 'FIlE I,EONARD)O: In addition to all other rights set lotth in Mk .c,r.;e', during the Pre-Oeeup:inc'y Period The Leonardo and its consultants anti conlrn'tois :it.ci!I InoC the (mitt at all rcasnlialile dotes and ttlielit reasonable notice to the City to C'titet tliC hint, 1tlt!' In' (a) aspect and exatnit, the Building; and (h) show the l3itltling to I:luspeettvc tltinnt', lllo t�l:'tl, It:ns'es'er, that the City shall have the right to reasonably object to such entry fiy i Itc I.enn;trdo itt [tie ':t cot of health or safer' concerns. The City shall not be obligated to tlioviilc CI1 icily :end (Idle; utility service to the Building het m'e the Commencement mencement Date, except to the ?(I (. IN WITNESS WI IEREOF, the Parties hereto have executed this ALtreement on the day and year ct above written. "]'he I xonarclo" TIIE I.,113RARY SQUARE FOLINDA l'ION FOR ART, CULTUJZE ANI)SCIF.NCL FOUNDATION, a Utah nonprofit corporation Its: 51 11-1 "City- SALT LAKE CITY CORPORATION. a Utah municipal corporation By: R.aip(I3ccker, Mayoi RECORDED 4 • . t, JUN 2 i; almq t LI RECORDER (Try RI.:(-‘0RDFR 1\r • • • ::A". AllonNy • - . • WAll ColaOr of. he loreLy.iiiT i IImcWUS acknowieci (11)croi.C. 111C thiti __ day or 2t)tr.) h thr‘ u1-1111: • - 1!,tNI)A )N FOR AR ( UL l'Ul0 /,N) St:11-i', Utah nonprofit coi ponit ion Notary lstdinoiI huff I I nah %•tv commission expirc:-: ,• Ii5I-11131T A Properly I)cscriptiun) 1'I:Of'ERTV I)E.S('RIPTION:IFASRI.)PROI'IiRTY LINE DIIIS(.'Rlf)lil)AS FOLLOWS: I111GINNING AT THE SODTI-IWESI CORNER.OF P1()CK 37,PLAT"A".SAI.T I,AKIE CITY SI IR\'IO'.'fIIl:N('li NOIZ'I'II 0911'112"WEST 179.88 EGE:1 ALONG 2 LIF WEST LINT- OF SAID Ii1U('K 37: (l ICNN('I'.NO1221T1 89"58'25"LAST 279.00 FEET ALONG'F IF NORTH LINE OP A('ON(IIHIT'WAIL;TIIPN('ll SOIL"lI 179.88 Ff3E'1 ALONG TIII'11A0T I INI, OF A('ON('Rl Ill WAIL IlX'11(NDNI)TO 11 SOLITI1 LINE OF SAID 131,15 5 37: 1TII:N('I'.SOUTH l 89"58'.IS"\V1`.ST 278.95 FEET AL,ONG'I'I III SOUTI I LINE OF 131.0(1i:)7 I U 1'I Ili POINT OI.III.CiINNIN(i.('ONTAINS 511182 SO1IA1(F FFF l'OR 1.152 A('RIIS \1ORF U12 LESS I'ROPI R I V I)LS('R11'llON:MAINTENANCE LINE I)IiS('RI13121)AS Et)1 LO\VS: 111013 liv(I Al A I'()lS I (l11(')ON'll-Ill IiAS'I'SIDE.OP 2)10 EAST STREET.POINT 131 INC,NOR'I II(1"11l'1)2"1VE.`;'I 25.171'EET ALONG TI II(WIiS'(LINE OF 131,()(15; 17 AND \\'I Sl 15.28 1 I ET I122Pr1 1111(SOI ITI IWI ST('OIINI;R OF SAID 13LU('.K 37.PLAT"'A" SAI I I AKEC'ITY StsR51:V.1IIIINCL NORT110°01'O(I"WES118'LOI Plan AI CINC, SA11)1 It(' 1U 111E I x'rI'N1)1'.D LINN OI'THE NORl11 LINN 01'A('ONCREIT: .�►, 1:I,AI^!I;"J(I WALI..I III:N('l:NOR'11l 50°58'25'NAST 2941E FEE 1 Al.()N(I.SAII) N)1R II I 1 INI`O1\VAI I.'10 THE 1i.C17irR)lil:)EAST LINF UP A 0UN('SSI F WAI.I.ON THE EAST S11)l OP THE I.I.UNARI)O IIIIILI.)IN(.i:'IIII:N('li S()1.(111=18.15 1"lili'l a111'8;SAID('(lN1'K l'i I II\VAI.I.EN]ENDING'I'O THE TB('()VFW..N013'111 SIDP.01' 500 SOI11 I I S IRE,I11;THENCE.THE NEX'I''1('AI.I.S ALONG SAID l'I3C'AS PI)I LOWS: SO11111 89"55'51"WIES 2/i8.801'f;El'TO A POINT OF A 21.1V FOOT 11AI)IIIS('UR\'G i(l THE 1t1(J 11. 1l HI,NI'I:.I I :?7 I'I[LT ALONG SAID('1(5515 THENC I:N(11:11-1 "I '01'L).)"1CIS I(,S6 11111.I,-1f II:N('F NOR'I'I I d0'38'2S"1AS'1 23.37 1'61,1 l U I111' I'((IN ()3 lil.(;INNIK(i,('ONMAINS70757 SOFT(1.521A('121:S)mom.;012I.I'SS, 1'RU1'1R 1l DES) I ION:EN(TPTIN(i-D IAT PORTION I'OR 1(111 ITV AC) O1'.6 \VA I l l;\'Al\'I 111'S('R11)FI)AS FOLLOWS: Il1.(0INNINI i A I A 1)(1IV'I ON HIE IIAMT III I I (1I'WAS LINE()I:200 I:AS V S I RTII 1. SAII)I')11N1 131fIN1i NC)RTII 0"01'112"\V'ESl'95.1`)1'Fi'l'FRO\q'11111 50)l'I'IIWNS I ('O1:A1 11 OF 1)1.1)('K 37,I'I Al "A",SAI:I LAKE CI I'1'S11RVF1': I'I II NC'P(1OIN1i A\IISI S OIi EI I 1, I I IIT:CF NOR I'll 7.00 FEI':I THENCE I_A>S 18,00 EFI''1:1111i5('11 Sol' 0011 ET lO 1111'1'OIN1UI lil[(IINNING,CONTAINS 56 5OFl 0913E 01:LESS. 1'12O1'I.1.11'Ill•S('I(IPT1ON SHARED USE 1)1(IVF11"AV 1)I1S('R113P1)AS POI I OWS' /r► t M.::GINNING Al A hr)IN'1 ON 'l'IIF: EAST RIGHT OF WAY 1.1NF OF 200 LAM S FRE.I• I SAID I'OIN'! [WING NORTH U"O11U2"\\'EST I79.88 FEET FROM TIIE SOIIT!IWE:S'I ( ()RNLR OF BLOCK 37, I'LAT "A", SALT LAKE('ITY SURVEY: THENCE N(1RTI I (1 01'u2" \VEST 29.30 FEET ALONG 'I'I IF WEST LINE OF SAID BLOCK 37; I I II:NC'1 NORTH 89') R'4S"FAST 279,01 FEET ALONG THE NORTI I LINE OF A CONCRETE R(:'I AIMING WALL: 7'I1ENCE SOUTH 29,30 FEET TO'HIE NORTI ILAS7 CORNER OF A CONCRETE E WALL OW''I HE LI ONARUC)CENTER;THENCE SOCITI I 8V"58'48"WI;S I' 279.00 FEET ALONG 'HIE NORTH LINE OF SAID CONCRETE WALL EXTENDING TO 'I'I IF POINT OF BEGINNING. CONTAINS 8179 SQrr W.188 ACRES) . , Ara. rxiiinni. li (Depiction or vremisch) ...„„s_3 IIYM,r0 r.o rilM --. --,_.-— I.%6, 1 VON I I —— .11 51 _ 17' Fl a l_._ — f!; — " r 8 h i . P 7 f., (23 5 7 r,._. i _I CY k ,3 , •:•1 -, ,•, < i"•;''.1, :,, ll ,„ ,•• ,,,.. I..,,, v kt, .., 1.„ ,...,„, ...1 i :," 1 ; i I • 1 1 171 1., ,,,, •11,- V s., ,., 1. I— :-, - „ .., 1 lik '— (et S11) ,.. — ---- --I ----J----'.V P2 e•:, .1.0,0.1C-010 — \,., i--\-- --- •',/,) (0 Cf Ationsk --)s . . ( FX1.1t131-1 (' (Construction [3t1(iget j Sct." al t Z1C itcd. rphrunry soptenthor Hybrid Now Scorn: 12 May iS rocap comments •• tImfteo to Sco:re : Building Cost Summary non:,i fl;tr.!(1.• II, S 1.1 1 1 ', 02 SiirtydarAs 0 Demolition . 31.14,989 $ li il L2 03 Conurelo 39.1,.% s. 11 1 7. 04 Masvrity 39,000 li I • I, 5 ;A 051..1c1.0.6 72,200 II 5 LS 01.3%Nools("-.; U',-.; 48,120 i 07 rhent1;1',F, Mov3Inp,: 5 I 1_5 Pi cl:on 296,213 1 5 l; ;! 1 I 7 03 L •::;.....8 WIlidt:..y:, 140,202 i II • 1 :1 5 l',".•il-li:::'•;••::. 300,552 ii $ I, ( '1 ' c; '1,'J`..-;;•.c,c.,;...1;;:-: 72,7C:.::, Il — I LC 1_11 12 f'::,ns'•oni-is 61207 • F 1 I.I:: I:s!--.: r.,.... d co,ss:rucJv.,1 1,903,000 $ 1 I 1..: I e. UCT./.,-.. 111.:.;Sy31;?.!i: 13,(1C0 g s .1 1 '1,1 I::.,10;.1loni,....1 2.605,631 II 5 ,I ! I IS 11.5 Llec...!;if i•,1 _ 1 520.03,1 I' ,. . _ . ! . . 11 $ II II L11, Si.:1) T;A: '. 7,607.039 it I; Golicm:t.;:i1:111: 5(Liil, 0 .1i r I. ti`:',) 450,470 i $ I ri ()' r.rlioarl& Cr ofq(4 ',,) 304,3 1 13 I 1 l) ,-,w,•l cwil,figt.muy 0Bid S II i I :,C) P.-1.k:ii‘cio Inu'r (10'M 3130.357 ,i• loi P.on el i_;1mi-,1(;nr,;(Irildin n Z „ 1 { I 21 (.:(::;' e '1411130 II . _. _....._ 1;1;iLvi,:',:',1(;:).. 11 I'D 135,000 6;,trftwill.)!Ii;, it S I i 1 :•:3 SI 1:).2)All:Willlif.. . _ i.50.000 i -- $ I t 24 5:0;IC)Ifll C11lifile.0C:n Coal C034,130 I $ 1 25 1;1;1:111:)f)(10 rt.`1)'0(.3) :1(14,251; I: ( 20 1 $ j L2_. Total Construction Cost _ ,_ _ 5,33B,3BEI ^ 1.2 B Snit Costs _ Project Ployrammux) $ oJJrtronal stony 12.9 Iacpplisr:s am,07/07 350,000 rusty Inurnrvl 1 ti I L30 111emohlror Pcnnll 2.300 $ I 1 31 I'Ian Che:1,:: Fees 31,023 i5 1 1.32 1 Itilicang Perini) 47.728 1 133 I'%,.Slate Perim! Pre 477 1.34 Impart Foos 30,000 $ 1.35 GuoiechnrcallSod Study 30,000 SP,mlc [nvuonmental $ L:fi1 Stud os/Rernedlalion 10,000 Ctly Engineering mg!Fee $ S? (1 5':•,.l t40,076 C W 1.0) Pi°loci Delivery Syslotn 130,000 r5r.c.,c.a,d:n,rtisar At 1',i1c:c'tural Desiyri I eus $ I.;fil trt, 053.607 $ 1.4) A:chltnr,tr;ral keunbursables 40,000 $ L',t Lnhnncect Commissioning 75,000 owatot, Acc.t'lnrale Hernial and $ LA1 Demo Owner's is cn;iruclion I pia Ccniinyrl y 033,030 '.;)recut Inspec le-i and $ I.4I.1 1 eI!nr1 25,000 AI(t%f, I eluded:IT $ 1 45 exhibits: _ -- 03 304 l ti> Total Soft Caste - — 7 r,92, 1.1 II I 1.1i S I +iti 10;11 lose Project Costs *11,930,902 1.19 1.';D City A1k ates I•`i1 liliu0 SF.r ISilo I'aliol_. .., Included in 3ledlnoa1 $ Sec 1.311 let lunll.,, l I I',nlinI f?PAP Gant Dr: 16 item 3109 2011.000 22o Kv:7 I 1 I1t;rc_'l Iron sdrillronal 4 1 !i I S,"! t.usl 504,519 II i':., Y.1 Auditorium renovation 1i45,170It I` 1 f-i', ADD LEO Prioritized alternates here I-- -- _ �t S. G I (;d; (u;td Alto' aliQ ' 1.7,i I Total Project Cost with $ j Ill; Alternates 13,371,600 02 51TEWORK P. I 011 DEMOLITION Allitilit 27 ( Lel Dornolltion I 1_62 1?ernnve Errshnq stair;, Iuf. q 1.(3) Wail sawcutting(1" 1,572 o LG4 Wall sawc_ulling 12" 593 t 1 1_C5 R�rtrlovc t:xlsttrig tockors flu. l.1f> lltunoli;;h esatltltol Mr. I LG 7 IJerui millwork nt;. I Rc:r11U`le ijxistliit1 E I_GL rh r v.ailcr ruc 169 Demo uscalalors ceiboC) nic, Ilama exterior gla;tng NI L70 shonrwail s 9.243 ! 1.71 Demo I Llntc,r wall 11 nit. I Iir_ri1(7 I)iEl:I t.r Ell park lt::i I L72 ,;atn_rft ruc S 1_i;3 P<<11u'sto s;:hatunu:nt 135,DC0 $ I' 1_74 Dc:ITIll plumbing fixtures 1,5i3i1 1,75 l.f'n7, tr;)of:slab Ili', I $ 5,'ortbr1 Lucas d. I 1.I0 Qu:atr)cuilir;f;Covc:s 22,It11 srl:mrt:ricc, 1 i; l;;lnlovo e::cniatet s Iraimiop II i; I.77 menttatrs nnc 0. 1.7:. demo s lia glaZttlg ilIC r U,trno P;e ;voslibuies 1.72. ('Cn'pn.;").(3lrtsx) 1,134 f.)i'rilu L0:1cre1e L'.d' Lit L1'll c!,1:r\':ci1!l)onnlnotor Iit� i ,.7C11;C,:)11C4[lil'.Vl:A;ili ' I C' .„itr','Jr':1 1)t!f lnleitCl r'.,t: 1 S ILP.: Re1.:owt t�.:o:,1 n tt'. 29,1159 1 S 1 t_liJ CI;.,.,..,.I c1Cf:,;,lrkort i; ,S!1; il f::A rl„.;r:c,. r;; II I II I„;',1 i;;..c:l;;',)i;:ai t;au)u31 u,t 41,457 I II LEG Dit:nt)IIiic:1Je1 wr1'I rnc. I d I l Lis I',wn1; ; 1',r:,l:;.tirin ;i,U,;:) I 11 I t.tl i P:',.., i):1f uus.,r)(:c.n1hnr, 1i1,000 I' h. n 1.G15 Sc:1:lo131(!ofnotilio0 3,11,2,3 1.1!J 11 I I.";: Ealrtlrrwc)rk I1 I I O 1 Soo.. rc'le ill.. II i, 1__.2 iNtt^J!_`inn!lalty:1i,:)1) 10,0(1!i 1' 1.!:a St)t)t:.ttol car(Itwoi, 10,003 1,C1 . l' Ltir.' Site cof:r:retc I; 1.Jig f I(t;iami rn;)(.rt:h. :,tugs 10,51 1 ' f, IS:i t.It'', r.);rr:;h^,tnr)n.u:ces. a; s11f)rrlfi 1i1,110) I. I' 1(;); furl,t.c)t t);vollt,:h af.' .cessI S I l .N 11,117;) t!floslnan walk Al vnhn,l(4 I.:11.I acne;'+ 1.260 S L 1110 Subtotal Silo concrete 33,746 I.101 TOTAL SITEWORK& 102 DEMOLITION 384,989 1103 110.1 03 CONCRETE h4t;u:t'l1r11100(rs cruu:roto g L.10.5 wpm;I11 10,000 S 1.106 Floof patch 9,196 I.I07 I luny,nitl1 rtlr S 1.103 TOTAL CONCRETE 39,196 1.100 I10 04 MASONRY 1 L I 1 I Ghlti InAlls 30,0110 S I.112 TOTAL MASONRY 39,000 1.113 1.1 14 05 METALS L 1 15 Nnv::,lairs nit 1.1 Ili Landing al stoics nic; f rno slandiitfl rtiltn(I FII 11 1_I l i uttr,nar Incnhnns nie it I.11(I I:"udl1v rnaslutg r,uLnfls 22.20(i 1.1 19 Walt i;tinuttotl r;tc(u;(t nit. y I.12u l_tie;iuul (re slaty rail to cuau 10,000 1 S I 1 12 1 (.1 c,n.Ilanonu i 1ota .10.000 S 112? TOTAL METALS 72,200 1! I.12: 1 124 (!f,WOOD A PLASTICS l 125 Ctrpnntry l 126 Woad 1Aalcr; r,Hocking 12,1180 S 1.127 1 1n' c.Ncx1 Idy.Wn(xl lri;4.rn;l :10,740 �1 1120`. subtotal cittpnnlry 43,120 I.I;St: rAiuwork 1.1:t1 i q;%.('1 I crintlnl utr. u•..,:,Lung • 1 tar (:u:1I room s1t(tivanl; nit' d,r•,rr.nn!) Flist.(•!lanr,,rtu;nrllt,(rr:, !i,(ti;C t,.i,leelt S t 1'',. Subtotal for millwork 5.000 i TOTAL WOOD& { 1.1..q1 PLASTICS 48,120 �c) G Lin 07 THERMAL 6 MOISTURE PROTECTION �� $ 1 11:s1 1•1{10 R,01 ,m:ulalinn 6n1(tit', 12-191 sprayed:n 11 3r1 Iluw $ 1_140 plenum 11D 1035 r Exlenol wall al Sod I:,an, I L141 .dud C;yp Insulah[nn n:G 1 11.142 Sound 10111 3,610 I. I_143 S:nyly ply root ntonlbrann 1i81105 Tray portion vralerpr.anlrrn L 144 repro roc. .or 0.,..,I_r I.! 1140 rvIcA i eva11 cap(Kyn,,r) 117.857 L ITT f.ir.la;ianlnrl;; 232%5 Cap II pmcar,I panu:a,. 0 LI/17 unsc.n:paa 25 C00 a 1.149 C.rul'rrntl 0515/ant; 70.0011 $ TOTAL THERMAL 2 $ 1-149 MOISTURE 296,213 1 150 L151 08 DOORS O WINDOWS Near li/nelr sl:mlla n-In'. 1 L152 dun, 3.2/0 I 1..153 Saud ont on jln I:.: II Non,11 01/ ,lI,.b1n-11::,: I1,1.164 dor;r;°.1i%.7 7,701.1 N'S r, t Q'1,L'iaiI; h 1 I , n1-m, ,- I .:1•- ,.0 !' I ll.S n,iIrancu Ira S 1'1 1 L103 5 a,7 iorv11rI 10 rL 2 ;1:Irnn1,716 door 11.1 , 1. 0,. 1 !,iedliir:111n'I at r n.,.. '1 Ili I!:,'. I:y docrn111 11 1.npic.,l.I t. JI d ,,., 11 I,I;EI r;11:.1i r:nnrs Iti-, Intlrl;r( 1 ..'I .,, 5. ( -n to u O31'? 1 II lep:1 r ,I11);IIII Iv,,, {rgplml ,'!1 ��I. is Ir .,t- rlt i1_I-r, .Ci.7i0 ,r, I , F TOTAI.DOOR & S ,'11G7 WINDOWS 146,252 1i 11r5 IC- ' I.1(.17 00 f 11;151!TW5 1 1 lcY II,Inn„_•,; .?,I I: rftl:I;,!.tilna l:,III•II:•I. II I-r: ::.II•r Il 11 L hell 1,.11.10 �<. I. 11I!YI h1,1,,,,,1ralAlCur• .Iuusc 11, , 172 o 3(1 otoott $ II L 173 114,rn rlt'w walls al extshnq 2,000 ':11(:11;Ind wpm/CR ;lin(1 1.174 walls 5,600 Suslvindt'rl dy9 hoard $ L I(5 r.l'.Iltng 3,112.5 (;yitsutti suflds-2ncl II 1.176 slrhew hurnanity nlc f1.177 Acne:;Il:,11 spray waffkr stab fur. 117L3 Shirt IrFdch rxi;,lirrc!crilnrl; 1,1 I $ 1 I:11 Ir'xtnrr'rr:31rnrj hrlr1ITui 92,536 krg',i r Surrnu'rcI. • Nuw gulling mutt with mtlnl L 180 ill cscalatct rig; 1_1111 k x6 Unialnd lratnu fin; L 182 Arauslic Cflilin;! nlc (;f::,lnur-.Iiunr lilt!;ii $ I.1133 rnstrorun I0„150 I $ 1 1881 Crr;rnut,lL;:1r,asi' 2,230 i:r r; rr r'w;13(I'4;:! $ I.I .9 rr!t;Iruanl:; 20,261 $ !I I IPA, r.;;lri r'; 10,500 I I.12} R!^ a,.'. ril f;;rucin:l 36,303 I I1 w jf 118?: 1-:,11)1);” tlDsr 1,450 I $ I I,IN' I 1.1i.i I l ',rl,^'/[i!;rlil tii%Ur; e,lr,''rre.; 3,510 If 1 Pm;iU;larl r:xalinri(lours S $ I.190 Irrr;nn, 2,850 1 I 'I 1.1i1, II,::,.1 rn;r:rnr Inn:a;nry 1.771 i $ li 11r17 ,tin!r;tpr,ru :typ 8,000 f 1 $ o 1 L IIL', 'al;-.1 t_elI In( ,195II L 1111,1 !'cr::ll rnxlstlnq coiling bcani3 inc 1.I115 i'n:rlt cxlrnr.r:d r:crllat; in; Ni.1rilcr.lucl1 n,ltair al $ Il t L 19F, ,.,Itita ,,,;.1iti 31:1,011,1 i),d;'!.11,:',I,'.::'1 1E 11197 I1r„r,0 10,000 1 1 $ tL 193 L-;r:ei iniani,r c:nrrr.rr.!r, 3,10' nout,c r!Cc1111:; ! I $ i L 1911 TOTAL.FINISHES 300,552. l 2i!0 i I ;21 10 SPECIALTIES 1 r 1 J • I '(Y' 11rr r:dun:. Ir,lrla 2,:316 I 1.7i!a tauten(nil:(nIl s'.crrrtic:Imo 51)11 }, 12;;;4 7;11I:r1 1r,rrllrnn!,1-1A 5.100 Ij l L 2:I, I nil+a!girl Iir,,n til.nttkircl 1 1,2`.r0 ,i I ullr.l part:It:,n(!oar:-.a',2,11 S ' 1 21 ; F. '1,1 fir %.I)f111 I, 1) . . ( s 11 21 07 'intuit!.crctuas 1,000 1 $ 1 1.20C Grab bars 1,170 S 4.109 1Rtistroorn!thaws 152 1 $ 1_2111 iniln Iiuu !!spr:nsers 1,05(1 $ 1211 Llor.int•hdort(IC/ors 11,200 $ 4212 Lat.:km hoot;11 1,31111 1, $ 1213 Ir ,!...iile existinu kickurs 1,000 4214 Dotiliie limed rrifilitlIc,.nars nn $ 1:1.15 Icic:11111;;I:1;(1!:!vices 2fi,t)00 S 11.216 TOTAL SPECIALTIES 72,766 1 217 1 L:2113 11 EQUIPMENT : I 219 1,.itdion exhaust ,nr 17'10 TOTAL.EQUIPIVIENT ! - ‘ nil.: 1.221 ii 12'22 12 FUINISHING:i I! 1.223 Poi1er slIcitl(!s Is1 flour s nit; L224 Calrance fitat 5,63/1 G?3 (tt ti $ 1 , I 226 'TOTAL FURNISHINGS 6,257 il 11! 1.227 Ij 13 SPECIAL II h L228 CONSTRUCTIONS il 1 $ II j 12.26 [ray utiak:ri rt.Tait f-t11,0(1!) I t•plo,en,u,! II Walw1;!alorr n1 lrtly cilit.lottl I; 1.230 (dutit.-J) I Ilt; t! I I, S 111.231 Sol sr11:c Ungracle i1 ),001: 11!' 11 4232 1'11e cap Ina: tt 1111.233 tvitc:roptIt.!;at new fouttot;t: tt1/.! 1.1 Coro dollitly a!oxtrtlirit., It i: I 2:!4 tow.trtqrf.1at:t 1.1‘.1 t: ti 111'cor/;.sht::ar wall to!! 1 I Zt:tilifg,.:1!1110.1..,1:II IIIIIIIf!In-,, 'I I 2,II.1 ;;11;11i..0%2 II.F. Ire III I, I.poxy tlay)1:1 al t!xtst!itg 1. 1 I.2;!./ Iie,ini:'• ird 1, II I.roxy krowol crintic,r.l!rstl II I "2.1:.! linincki!Icill viill liii;I i, l II ioxy III:)vt:I ctim.W.;CI,I,I1;II I P f.'i!!:!Iii nr.; 11 I.24'..:' (I,:!:('(IIIIIINIJ;II I!..-.4-tr 11ca11; 1111',i li I'41 1 Pllk -.Il '4''I'''' '1"11-I Hill .: I Jj TOTAL SPECIAL S Jj 1.242 CONSTRUCTIONS 1,850,000 { 32. , . 440114•11,,. i.244 14 CONVEYING SYSTEMS Return 7 elevators to c i 1 245 110Irroil tipubilitins • 108,000 I I I:t•r.:11;-itot imovalton 2-:td $ I 1.246 floor 60,000 TOTAL CONVEYING $ t.247 SYSTEMS 168,000 I Ieleal 1 249 15 MECHANICAL I.?50 HVAC $ 1.251 Au liandlri • I 20.00!)CIM 414,000 $ 1.252 Au Handler 40,000 CIM I 98.000 $ I 251 C.ir.fling townr on runt 18,1;0,1 60,000 $ 1.254 Rep:ar nmatutl OuIllwork 02,121 $ 1.255 Ne•o ilimps 45,000 New 11111W-IIS ilt SiInftW;311 $ I I L256 Imito;ration 270.000 $ I 1.257 I Ifi:il irxeltiindcf 13 f.i,000 i 1 S 1.25B Clonnei.1 to plont pining 20,000 ..$ 5250 H./firma::riiiiiiv,; 244,13-/ $ 1.260 Valves 17,650 4.111111k ti;onoral cionritft)of niolnis, ! L261 lielltt,vnlVro Ind Add inn sniot,e():1inpers al I 1.25,;? stint',porielrattonn incJ $.srlic..lic evil system- $ 1.2i,2 5,r0t1; dulcet In Div 1G 25'J,000 L 261 I-1nIc) ?contiiil system Ind S 1_20r% r.iry:dtir.l..v:Ick 2/5,000 $ I 11111:111;lii 51/175 II S i li 1 207 f i111);11.1);I:til(.:Cirtlio'.s 244 12 I in...•: . i 11 I li I 7I15 I',r;ntrol niod.le:filinitr, nil $ I 1 52ii0 L.x.leited 1,1!e,inedicen 212)00 Tire ildinpurs tti :Id Iluni S II it 1.7( • il.lto.r,i,,on 50,000 II l_I-1 71 New mrietter);;mil trillo,t 15,5f If) I I. $ 1.7IiII t'pith,. int,t(!firiij 20.000 I $ 1 1.271 t,ilow ,-ei rtionitiiring 23,500 I $ I 1 2 N I,!!,!.No:)holorice 15,:10 I I S I I 1 275 TOTAL 11VAC 2,409,776 : . 1 Fire Sprinklers S L 277 Modifications Only 80,673 II AIII1Nt#,.. 33 , . (,.. I - LZ 78 1.270 Plumbing $ 1:200 roilsts Ai)A 2,1tf30 1 $ ! 1_21t1 Torlutr;Standards 0,900 $ i 1.282 Wale:toss urinals 16.500 1 $ i ' L283 511(msts-13ikors 3,800 $ . i .2P:4 1.;14ti 2,650 $ 1, 1.2112 f-lc,.?;tatic:c:Is at ex:51ing lays 1,0'.10 l' I, $ II; 1.28(i 3d f;oor handicilf;toiluts 16,000 f)nr!c;)nifiartrnrsit sink at Si 11 II, L2,137 exhitts 2,320 I?V; RwilDurrs,rc. s:nrovinrcr• 00,(100 til 1 I 2r"I3 ',,.'/ !!.r‘.L,.tns,.,::I:pin I,th...-_, II 11, $ 1 .1 L201-.. Ftlerrirustr,,tis iliixsyj v,,,ivs..s 1,f300 it II 1_201 fiii;k f $ I ,r li I.202 I 1:::r dra;1-., 130'.; 11. $ i ;., 23.1(3i) i ( 1.202 Vii.!Slr:::%";:f!:11:1::"; 23,557 S i I 1 I.:!'::::, C'ty:', ''.,100;1111,::: 5.000 I _2817 TOTAL t'Ll..n;ID',NG 165,232 S I, ri 29::; TOTAL r‘lr,---c'ilANiCAL 2,E63,63 I I! 1 t 30D I, 1 Il 110:301 16 111.E CTRICP,',_(I('.'fur liyhryi,SpneIrliti;fur ire',', !icor:4; !. i! :',. .: f.,1,:r../f:rr.r8:fln I.! 1.3(::. t-fc-,./rr!riin clo.Inc.,c11 I;(?510 1.1(.1111111:,f 1;111t,,J i:11.1110E1 eXt5,2l1f; ,! I I.:.Y,‘p: hvi,,r0:; HI 1,:SC:1 Il 1.305 I q111)111:,1Crifliff3:, III(....300'. li 1.000 :-;;I',',..'u nu:!di:-..,ritr,;tsm 301.9q40 1 5, I' 1-'‘ ,....,r..! 0.1-1,122 i t votthri fir-,s 2IIT..-td,r1:1 11 I."_./,'‘..! ir:Inr.f:,..-,rrsinv..;01,11 l'• I •,, [ LOW 1'A s.54c',11 Gr1,4i1f) •,S $ 11 1 (--,c,cri iO3,9.18 I, r! 2 pv :-...,,,t ,,,,;(,,,,,,,,,If.:, S::(-: 1_52 r, ( 311. . , 000P6k, $ f 1 3 i:i TOTAL. ELECTRICAL 1,520,684 Alternate 3/1.-Auditorium Renovation . I $. . i Al Auditorium carpet 13,261—. I $• . A2 Nev stage floor structure , 13,104 .. $ . . A3 New stage stairs. • . . • - • .179•i: A4 1-IVAC•Upgrade ' • . •, ...' :,•'''' •• .• ':-40;445: • - • . 1 1 A5 Electrical power I i • A6 . Electricallighting . 23,700,.„ — . ..• $ •i.. - AT New stage lighting : . I. •1$0.i0,09• . . „ Is. •,-, - . AP, Special systems I.•, . ' 2;•690 ' A9 Sound • -... 3,039 1 Reupholster existIng:fiaci • • Al 0 seating ; 37;500- NeWourlitoriurnsound . , I All reinforcerner,t • • • , . •60i,000 Al2 Auditorium finish repair . '320907 , Al3 Subtotal 382,268 ! AN* , .... Hi. A,I i••, rti,iii t t'• ! Ci013::11) 1:,ISI' ill'ITI:111ri f,•20-nli I ,0011100,, .1,5 --- -.L I n 6.-41A3- -09- %- ACORD. CERTIFICATE OF LIABILITY INSURANCE OPIO SS CAnlwuaU„Y111 LIUSsi1 06 24 09 i• YR./UV, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Beehive Insurance Agency, Inc, ERAFDBHEPOESBD P 0 Vox 51431 HOLDER.LL HCOVEAGE CERTIFICATE NOT LICE OR __ _ _ _____ Murray UT 114157-1431 Phone:000-605-6660 Y'ax:001-005-2899 .INSURERS AFFORDING COVERAGE NAICR l sln_, ,u11111A nl ll Ana cl lunprullle Im Iw • ;MSWe1,11 The Library Square 6'oundatlorl scclul dba The Leonarde I 120 S. Main Street msuannl Galt Lake City UT 01111 msun;aI COVERAGES -- ._r.__ III PI-A.1MS 01 1115ur0'1I01 1.151 TO OE10W HIVE OLEO INSUct)10 01E 105U0E01JA1AE0 AGOY711'017 Mr POI.Art PE II0U IN0ICAIr0 1;01 Wln)5)4l D,K, ATTI OLOUI05t4l Oi 1T.Prl Olt t.O11U1110N UI ANY TONI MAC,01101111:R INICUYT-Ni Wll l l HC51'E CI TO WIIron 7111E clinilFICAlr IAIY 11E 15SUP0UI1 MAT PI:a In1O.I rli:INSN;AI JCL Ar.OIl000 0Y 111E I'O.II:IFS 0ESC10UC01Itil01N IS SUOJC C 110 All Ir 0E 15*40 r L1lrSlryll;;.N11 CSI;OI liU1lS Or SST, '01.101t'C 000IIE V.rC 110111E v';OWN/AMY 1l.:v5 0r0N IITOUC10 OY PA'O CLA11AL ,n,n,001. 'I'OtrtCY EII'fCl vC 11`pptICY lY11'IFAl1e11 ',nor 5' tllC. vU:1CY tIVVBCC UA E 4unL+v�' OAr[144n71 ..1 0....rs ^- I,Eua.Nnm iY ' ------ 1 ! w.tuuuu,n 1,00a,000 � ¢1 - 07;13/Olf 01/ 3/01r ._. ,.<.. �_, I]OO,OUO 011.r.1,,,1 AAl,..11.,11 1 1,000.000 i..1,1 ,,,nr,,.11 13,000,0011 r 1.1, 1' .. 1 2,000,00C - Ilr ..k.,,, - I. 1,OCO,VOL, 1x t1 11 n 2GC0-1C24C 1 02/23/US i 09/22/09.N,,,u,1.,.. • rara..11 2050-11240 09/33/0e O9/22/09 1 200B-1624R 09/ 1/C0 09/23/02 i''....,1..' ., c I.,,1..u,. 1n` -n.,.. 20f,C-102 E 0 01R13/0U 09/23/09' 1.,1.,<.1 11,000,000 u.1 rIM rA rl _1 sA r Jd' ] Y I Sall la} Cfto ICorporation ir 1.l rated .a 0dditicn,,1 inl,lrod, oubje.,L Lc policy 1_c1c1:1, m11-11, ..mldi1.J0nn -0c. 0.... sien0. .10 Day notice of ranoellaitoc rap llen 1.: the event of non p01^.0P.t of --- cERFf_CATC I _-I-q?. 2 cnNeEL V1UN --� LC('CIS 51li'H0 ( 1'.,11 s e 11 1.110 70,a ' eA,t,..l, e;1I I/A 0f1FF. C1'I'1! C1.1:hPU1111,,o,9 1:e1::i ICI nler.r:II:r1.;r.r-11,x1.11,:I,Iul0`11:11.:sr:1,.11,1'1rzcl:l::1771777,:'.s.I;', Linda R.::1,n u..e..l.01,uc'and.0':l1111r,1n cr+-:1rn:r,trnu WlUll0ur.nOAa_..0,0..1 01 S. 011,' L eet I100^ 1115 1 11E7, 11 1 Y.e City t 7 841 1'. 5:';C ____.._._. -- 0 1 G,-1.erL y, Mil, --- ,:,ACORD CORPORATION f ACDRD 2512CO1100J I I Salt Lake City Corporation Contract Activation Contract Nor:03 I 09 3902 Status A City Wide:N TiU0 THE LIBRARY SQUARE FOUNDATION LEASE(LEONA! Vendor 35380LEONARDO/LIBRARY SQ FOUNDATION.THE Dept Contact'LINDA BENTON Starts U/23/2009 Lnrs Term 20 Unitsi YR Erma 5i0 00 Contract Activation was successful. Ink RECORDED MAY 16 2011 SLC Contract#03-1-09-3992-1 CITY RECORDER FIRST ADDENDUM TO LEASE AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND THE LIBRARY SQUARE FOUNDATION FOR ART,CULTURE AND SCIENCE This FIRST ADDENDUM TO LEASE AGREEMENT(the"Addendum") is made us of the /,Oday of �l___l ,2011,by and between SALT LAKE CITY CORPORATION,a Utah t nicipal corporation (the"City"),and THE LIBRARY SQUARE FOUNDATION FOR ART,CULTURE AND SCIENCE, a Utah nonprofit corporation("The Leonardo"). RECITALS A. The City and The Leonardo are parties to that certain Lease Agreement dated June 24,2009 (the"Lease"),relating to the lease by The Leonardo from the City of the old main lihraty building located at 209 East 500 South,Salt Lake City, Utah 84111 (the"Building"). Capitalized terms not otherwise defined herein shall have the meaning given to such terms in the Lease, B. On January 11,2011,the Board of Directors of the Redevelopment Agency of Salt Lake City, a public agency(the"Agency") approved a grant of$750,000(the"Grant Funds") to The Leonardo for the purchase of certain art work to be created by Philip Beesley(the "Artist"),to be entitled"Hylozoic Ground"(the"Work"). C. The City and The Leonardo acknowledge that The Leonardo shall enter into a separate agreement with the Artist governing the purchase,ownership, installation, maintenance, and disposition of the Work(the"Artwork Agreement'),which Artwork Agreement shall be in substantially the form attached hereto as Exhibit A. D. The Leonardo and the Agency shall also enter into a certain Grant Agreement for Funding of Artwork,governing the disbursement of the Grant Funds to The Leonardo (the "Grant Agreement"), which Grant Agreement shall be in substantially the form attached hereto as Exhibit r3, D. hi connection with and as a condition to the disbursement by the Agency of the Grant Funds Under the Grant Agreement,the City and The Leonardo desire to enter into this Addendum to govern certain Icons and conditions relating to the installation,use,removal and ownership of the Work. NOW,THEREFORE, in consideration of the foregoing facts and circumstances, the mutual covenants and promises contained herein and other good and valuable consideration, the 1 receipt and legal sufficiency of which is acknowledged by each of the parities, the parties do hereby agree to the following: AGREEMENT 1, Administration of Artwork Aareetnent. The Leonardo hereby agrees to use its best efforts to administer its rights as"Client"under the Artwork Agreement in good faith and in the best interests of The Leonardo and the City. Without limiting the generality of the foregoing, The Leonardo shall (a) consult with Agency staff with respect to the status of the creation of the Work by the Artist,the specifications of such Artwork,and shall otherwise keep Agency staff well-informed concerning the status and progress of the Work,(b) ensure that all insurance required to be maintained by The Leonardo and/or the Artist under the Artwork Agreement are maintained in full force and effect, (c)obtain the City's written consent prior to agreeing with Artist to any amendment or modification of the terms of the Artwork Agreement,(d)use its best efforts to cause the Artist to complete the Work and to install the same in the Atrium on a timely basis and in a professional manner consistent with the Artist's professional skill and reputation, and in compliance with all laws,ordinances, and building codes, (e)enforce all warranties as to materiel,labor and all other aspects of the Work,(f)allow the City to review and approve the plans, dres''ings and engineering documents,but only for purposes of compliance with building codes and other city ordinances and not for artistic creativity,before the Work is installed at the Building, (g) allow the City to inspect and approve the Work,once it is completed and installed at.the Building,but only for purposes of compliance with building codes and other city ordinances and net for artistic creativity,and(h)provide to the City a true and complete copy of the"1`Jlaillten::' CL'Manual"provided to the The Leonardo by the Artist pursuant to the terms of the Artwork Am-cement. The City agrees to make available to The Leonardo(at The Leonardo's reasonable request,made in connection with The Leonardo's fulfillment of its obligations under Article 11.2 of the Artwork Agreement)copies of any two-dimensional reproductions made by the City pursuant to the license granted to the City by the Artist under Article 11.2 of the Artwork Agreement, ?. Placement of Work.Upon completion,the Work shall he installed in the atrium of the Building(the"Atrium")in such a manner that a substantial portion of the Work is viewable by the general public without necessitating the payment of an entrance fee to The Leonardo. 3. Relocation of Work. The Work shall remain at the Atrium for a minimum of five (5)years from the date of installation unless there exists a strong,practicable reason for The Leonardo to move the Work to a different location or unless otherwise agreed between The Leonardo and the City. Following the expiration of said five(5)year period, and subject to the terms of the Artwork Agreement,if The Leonardo and the City desire to relocate the Worlc to another public place, the City and The Leonardo shalt jointly determine the best course of action, with the decision of the Mayor to be final. The City shall be under no financial obligation to pay the expenses of the Work's relocation or removal. In the event that the City and The Leonardo determine that it is in their best interests to sell the Work, and subject to the terms of the Artwork Agreement,The Leonardo may attempt to sell the Work,but only with the City's approval, which approval shall not be unreasonably withheld. 4. Acknowledgment of Funding. Upon completion and installation of the Work,a plaque of a size and type to be determined jointly by the City and The Leonardo shall be placed near the Work giving credit to the Agency for its contribution toward the purchase of the Work. The Leonardo shall pay for the cost of the plaque. 5. Remaining Terms. Except as specifically amended herein,the tenon of the Lease shall remain and continue in full force and effect as set forth in such Lease. 6. Duplicate Originals:Counterparts. This Addendum may be executed in any number of duplicate originals,all of which shall be of equal legal force and effect.Additionally, this Addendum may be executed in counterparts,but shall become effective only after a counterpart hereof has been executed by each party. All of the counterparts shall,when taken together,shall constitute the entire single Addendum between the parties. 7. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES: The Leonardo represents that it has not:(l)provided an illegal gift or payoff to a City officer or employee or former City officer or employee,or Isis or her relative or business entity; (2) retained any person to solicit or secure this Agreement upon an agreement or understanding for a commission,percentage,or brokerage or contingent fee,other than bona fide employees or bon: fide commercial selling agencies for the purpose of securing business;(3)knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance,Chapter 2,44,Salt Lake City Code;or(4)knowingly influenced,and hereby promise that it will not knowingly influence,a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance,Chapter 2.44,Salt Lake City Code. .004,4 IN WITNESS WHEREOF,the Parties hereto have executed this Addendum as of the day and year first above written. "The Leonardo" THE LIBRARY SQUARE FOUNDATION FOR ART,CULTURE AND SCIENCE FOUNDATION,a Utah non rofit corporation Its: � I 7' _G7'2 "City" SALT LAKE CITY CO .PORATION,a Utah municipal car o • ion 1 By: / A crt L , Becker,ILITIor Attest ar .snters•:i : —� De/ C 'I/Y RECORDER tea*,.*"" •� nr RECORDED Approved as to form: yP... ~'t�y 4{ K! 1 M7% r oy�?.� 47�'`�_ V O:iiiiii;1 j w MAY 16 2011 Senior City Attorn Ap•' ,,..�� f ,h Eso.' 4 CAT RECORDER �w STATE OF UTAH . ss. County cf Salt Lake The foregoing in trument was acknowledged before me this ! 1-11 day of ' / , 2011,by t1 K 7;11 5 , the c3aatCtiVe., jNIaG1 V'of THE LIBRARY UARE FOUNDATION FOR ART, CULTURE AND SCIEN E,a Utli non rofit corporation. otary Public Residing at Salt Lake County,Utah My�commission expires: li p... --.ate.—.....—t I .j NOTARY PUBLIC U1CY THOMP$Ot 8 ICommtulon No.67D14Y @ 1 , Commleefon Expires 4 .mow. 8 TATEOFUTAH @ 4 6 )41 61r �� it �!:1v;. SIJAII11r\R1' The cumplutc tlf;rcemen1 in composed of fire dnciuncius,(thin sulrttr:arv'in nut part of the ngrccrlt.cnl): • The al,trenteor • Addendum,1. I echo/rat Rile; o \Jrirndrun 11;List of 1n:gnt'd o \ddendunt l' (?ttlst,ut n!'Ri.:;lrnlf:,thl(iiir: •\t!tlrudunt I):Lecher of l iii rrsl:todtni. Execution oldie\\'orh: • the:\th;l will ttnrlt Il;l pftllCtiSIiiied Itlnrtlit't alit(unsure the t:'rnk It he hthhe;t that ht)' the\V ih u•t'�jac•.•,n't'„I 1!;r(.rtucepi and hincli•tt}! • Ilte 1\nrh t'.i11 Ur effceitiated arcurdatl)to no:I};rr rd•Irpnn srhr:dnle,the mile:moult;II v Rich;,ut c tilau Date o !Delivery atilt.iifur1, up t'I Subsini ll( nmpleintr 1)a:I o t'trnip!curtn I)ail' • the tirhrthde can tillage II I)r,th I i;rtiLit tt heat and lrlis,t nI ter:iu tctitint; • ;he Client rite l t,use li t IIt protecd rllee rlei;vr:n r,fthe I\Inei;•ttp.Itntyewt•r Ilit (:Iirni :volt hr 1;21) .for all due pa;meats mad rttemred expenses up until Ihat pninl ''are:mites: • IIt' 11:I I I;or,ranll':l the u'ur'.: purr ti t: tc,il •,ee prrim r\rlir.lic Corrlral: o JIrL:1tu>,will develop a(;tr, ci,l Ir,cnt:..;M:ulur,t,'It tits t;hel!! • t!:c;\nict;will rtestc the CCrrrh;in t:nnfnt utity tcili,the(:,script • tltc.\rliq will lctt'e that uncluilruiietl Illsrullou it;t•n:!:tr:b, Cite(.nncelrl UI nne nlnnllrr cnri;uhrrcr! I:cccr:;i;y I'CCS: • Ili::Client with pa) thy:r\lied,t Ire id'57•I 1):::1 1151). • the payc:irttl ra:hl:t!ule ra rr r; 7:i',; ):n,l t.i)niny the I,c;ureaf I'ndersla:;:!:;;I c ;", ultrut dtdtycs} rrf IIII 11ni'it.l (i in tie(-lt,ttt a ?S''„nnc nt::nth hefurr ihr fir:;t date of the triSlalletfnc(,tvti,t! n 25""upim 5ubstan:ial{:nmplt Iin t ul'I!I(\1'nrtt • Ow Ier tile.ill))inl!:rde ipplictlhle Il:ics,which arc the Ie5i,na:°tltiilti'Iii ill.'{;I:eiit Ili l:tuts I:hu'ct lr;ponsthiltics v:ilf hr li:tcd in Ihv,\i;rt•t'rtu:nt • The{ he'll kh:111,c res ete9ihlc htr those t:>-pt:nses of tilt Arti I uxnnrtl urn ditet't!z rci:n.d it,III,' e;c(.1wnu of the\\'ur1;tecitrdutg mlerprt'tiw:Itttnning.{suhlit'n1.and en•umr:.tr:e rntunuI;;;:'. ouucaclt fur the\'l rc lnsurllatiu:t of the Work: • Rcritureinent>far Iitt'Iatalla:inr,rIf tilt; CC`r,ti.:!r m;t1::r'd i;t,\tlr,yr;dcm r\:'I'cclutt:il Ihlhe: Insur:tt:ce. t11: kou.r i•.Ie.sitnnsthle fur itll•rini;s Insurance mull illy\\`nrh:(in\vit;.let'e; level r,fr:•:sr:n:hlv)Ranee:, :.I the I:I>Iall:Iiln Sile,.n w 11;11t 1mm; Cie Client will Ix;n•spointiile until the\\each I;;,annl,lcied • Ihv r\;IN t::n:•pnn tide int hcnhulh} uuut;uctr:c::der:rtlhrd helot'. Ip,r2rtu•ertt '11,e?.eorauin 5,4)I 1 I/1', • tilt.t Invli I>lt•..p1 IiIit e Ittt It•.tlnitlt•ut:atraura tin lilt \trt:•l ii le;utt Ii it'tl tit lelrlrtIliltI:+II 1 t.I tti iii duet!NI tituin41 llte ii i.tiiatinu • Ilu't Item t<rl::lvm<t!tie iia ail Ithltractrt•tctlultiiltrnt••.tf•lrt tine\tiri;i• tittAlitr•rt Permits arlll Licestees: o ilu•( Rent li te$1ti,rt4l11lr li riihr:unittpall ap)rIls,Ihtr pottut•. 1A,tinlcnante and Itcp.tir. • tilt I !runt will cts:it:re the\\ttili it:Pit vet l} nntutl;111 l•tl • Ow( Item will ttnl I m:tl;c(sr lleatmy the 11'tn•i; o the t.lrrnl.q;rcr.to live Iht' \UIll IilL tai;in(if la>t IrUIIal Irt rat}•aril:tiny Ietitt rtl tcirnr• II(he \rim relitsel:,flu'i;Gent tPIII un:ztlle tilt•n•p:ttr ttvil:will Iu;tnn;tirt Ihc:ntli.1it_intrfltlIi•i1tlic\\till: • :utt (omit-walk a+arirettcti r,tih the nlatrrtrtculct it1'Ihi:1\'url;III Ito rwnit)vlyd lit IGr Alit t rail he nc�;ni•uec}antler n:•epantie riuurni r. Copyright:tad Alum!Ril;itts: o Ill ,ltlt:-I-tcnull•.I Ilpyright nnti 1blral Ittrltu,to till.\C nil:,at.Kell a:,:my agar n:tl:.Nrurr:tii•tl rn rttttitmuti ut In e.tII laud;Ow\milt Promotion of the\'i trrh: • tlic.1tir:•l anti( hula 111.1% arc u.ir:h ntlttr'::name!n iltnmi::c the\1'1u I: Re.;nic Itiglti;; ° if On!(.Itcnt SC}i>Ilic\1•n ill,the Atli:::tt In he tlllttlerl iII i 5'n of llit tilll.I(ttt•C hl4u't•r•n Iltt•$iiie price of thr unrl.And thr Arum's I•rr Chit nl'.• it}rlit:e. o th ( Iblril li,l•t tile tly,iil Ili write.tin•\,ori,ttitth;ccl tii ill:.\rt:;er';;dto:al lttl;Itl.; A401064, ° lilt('Iieril I:,::Ihr t ;hi n,::c!E ii:;1F till t:.uL•it•ri in Ike.\rua'z t u:i G:Itn lltIl \prr_mcr.r 'll:c I,::nn;iron Stt,ll) 2/1i Agreement for Commissionetl Art Project 'I9tic Aµn:cmrnt;nnde in duplicate it hepveen: I'hiGlt liec le r\rchlicci Ire.(herein called"cite Ani:a") of 212 Indi:ut Itned.'i'nrnout,ON,lc(112Vit9(addrecn) whose 1181 rcgialntion nuntberit 11I39I-11127 .n,d'lire I.cnnnrdn(herein called"the Clicn:") of(address)1.11 South Strict Sirer,Sail Luke(Sty, 11.11 I I,ICO.)ion 2129,Sah lake City,thrill R.I I III, whose tas hit:mifice:fnn number is MAY o6 _,2dn. Tile pnrnce rgrec r,hil nut:'. I.Dr(inttto as "/Aherd"n:cann the liedevelnp::n'iu rAgrncy nr 5nll Luke City,it public a,ccnco. 'c\grec:;tcn:"mess tSir cg_eenteni::...l any s:bcd,ies,cxhlhits,ndcicnda wrinen mrendingna nr npprma�u anael,cd ro it, "I,'udge:"mernn the lunlgut n:t:tched ns Schedule"IS"in thin Agreement, "City"menus Salt I nice City Cogvuetinn.n Unit municipal m:pomtiun. "Conccpl"means the amceptinn intended ht rune the hndie u!'the AVu d'.ns detrrminu!Ii Ilec Arilr,l iu cunsnttatinn y:iih tir:I'articipanic. "Ctverdinntor"tntlair the[ulinvncrn n:cmLer of the Cli�:r.0�1unc J ;i, "1 ee.'r,euece Il:c ree p^alde m the Artie;in auvrrirnte,mi:h rr,ldc i clads Aimccnwnt. "installation Site"ra erns Il.c pace rt e:hich the O'rort,will lie inslnllcd. "Lln::k-up"r.:ran::n derided do criptiuu,plan or vi'nndi;uuian ce/tic em'aod{es ale i:o:cecpc pressed hp lire rlrtiti htrappn:v;d hp the(.'line:prior to csccininn or the Citric. "I'nrlicipanls"ntcn:c (A)all persno;whet:ire mcmbc;<or the Cirri;inen'.rul in ills decclopmcnt nr c:ccculinn of tl:c Ci'ntkl (Ii):dl pec,onn rrcruitcrt by Ili!,Ciicol to nssiin in dicedrrclnpn:vnc or cxeentint:nrthe AVnie'edict \I;rccn:cn:-'lice i,c,nrrdcr 5/bit I 1/IS • (t:)all persons recruited by the Artist to assist in the development or execution of Ike Work. "Situ"means the place where die Work is executed and,if different from the place where the Work is to lie installed,includes the lostallatiun Site. "Substantial Completion"means when the work is complete to the extent it can he used for its intended purpose in accordance with this contract. "Work"menus the Work of art. 2. Execution of the Work 2.1 The Cheat engages the Artist and the Artist agrees to execute the Work in accordance with this Agreement. 2.2 Artist agrees to execute the Work in n professional manner and to ensure that (;1)all work is of the highest quality;and (11) the Work is substantially expressive of tilt Concept, 2.3 Unless the Arils(Is unable to complete the Work because am net or omission(If the Client,the Coorciilt tor,^ I arttcapant,or any other person under the control ar the Client,either directly or indirectly.or by reeson of some other cause beyond the Artist's control,and unless otherwise mutually agreed,the Work stall he effectuated in accordance with the following Schedule: U:aess I ler,vi,se mutually agreed,the Artist Shall conallence the project on upon signing the Letter it!. Uncle rst:ndhu;(the"Start Date") U;iesr.otlierrviFe mutually veer!,the Artist,hall deliver the Mciek•up to the Coordinator on:April 1,21111 (the"\inch-up Dntc") Unless orkun i::c n(:Ituaily agreed,the Artist shall bring the Work to Substantial Completion within 5 weeks of tine end cf I;uil(ling flushnut.(the"Substantial Completion Date") Ur.lus;otherwise mutually agreed,the Artist shall complete the Work within I;v.Tek;of tine cltu of\;\\unto ntt:hrrtn.(:I:::"t'omptctinn Datc") 2.1 Notwithstanding article 2.3,the panics may mutually ngrce in writing to eery any of the dates specilted in article 2.3. 2.5 Ile Artist repreSeols and warrants that(A)the Work it:the original crentinn of the Artist:(li)the Want is unique anti rot edition of one:(C)no identical Work will be created by the Artist;(D)the Work dues lint infringe upon any copyright,trademark,or any other property or personal right;(R)the Wink is free anti clear of liens or encumbrance;front any sources created or permitted by the Artist;and(1' the Artist known. of no adverse claims in the Work. Notwithstanding the foregoing,the parties acknowledge nod agree that the 1C'ork is developed front,tun)exista tut n part of,r.series cf creative worla by Arils:. 3,\ivtlr1Onti^_3 3.1'Ile Artist warrants the Work to he free from defects ht materials or workmanship for a period of 12 months from the Substantial Completion Date(the"Warranty Period").lfwithin the Warranty Period the Work shill be proved to the Artist's satisfaction to be defective hi materials or workmanship,the Artist shall repair the Work at his or her expense, The Artist's obligation and the Client's exclusive remedy shill be limited to such repair and;hall he condhionnl upon proper mrtinien:Int:e of the Work by the Client a9 •\greeIncur•'Arcs I.r:,ttrtrdn 5/5/11 •I/Ii Arocl,1J,rod the Artist's receiving written notice tinily alleged defect width,ten(111)chip:rifler us disci tidy.Ike nircgning vrtrrnnty is eXclusiVe ood replaces ad ttllser eVprCS,not implied wart:lodes (except elude)ill aiding but not induct1 rut implied wart:milt:9 or rttt-rcitntttnhblit fuel lilitess fur porpose. 1.2.1rttels 3.1 trotividislantbnit„rho kinetic and intetticove nature of tho Work results in natural aging. The iclniiitcrtettee Manual described in Article 9.2 ottilinc::t Ito expected average LiCesprin a die mrueriats used, trpItteetisent prricedure anti scheduts for mitilemincc.The Artist witroints 631 the nmot.,,:),,ti tile w,,d; will no:retpile InocrtIlirgS SubMuillillly in eXc050 ru thr)v,!,1,,,rrib.1 In IN:11Initnettanee Manual. The parties PclinOwiedgc rind agree 11121111E hInintenancc M11tintird shrill further detail the scope and est Cnt ,varrmity nuilinvEl in ihis rlicItt 3 vs Mich WDrrii My raves to various coliipontmts elcomi t)r lila Work. Artiit tic C0111101 .1.1111r Aciut np,-recs In develop the Concerti In coo:wit:Ilion with and approval by Ike Client and the It nsricipntt to. .1.2 Subject to srticic 3.2,the Artist wets in creole the Work in cnnfOrittity with tint Ceme,p1. 4.3 The parties egret thrt ill erecting the V.istrh,die Artist slin1J pace tile uncontrolled discretion to 11..0 Conccpt itt tiny teattre,Ille Artist aril:Air:111y neccs,orj. FecA 5.1.1be Cliert toe Anthitt r, s7.)5,0:)9,nousu. 5.2 Tit:Fits dial] i1,11:1 lit,..CC,r,1ou..1 whit rite folltinclol;5cl:et:Ade: (A)Alt exreution fee irt the nr,..w.r../‘q:wcnty-fiV,per:ctit(257a)rtf llte Fr,shall he eNec,tit/tt ttf the better (11).A bItteltv ice it,C1,111,r3..lil: (2551t)of the Pee shrill be itn.itl It lite delivery Ill tie:(.:Ittortlinturtr oleos Nlocklip, (C)An ins:311,14w fee it,[Its cni)'.five percent(257e) tlilt:Ftit slelllbe peel 10 Coll Attic'.on:, sinful prior dr.fur,day of no-site lestrilcrion period. (1))'Ile IrsInnce oftit,Fee shell pr.!d cr.Itt.c Sub,wm,i;]Completion Date. 5.3 The panics /111131S Ike cloy I iSiurrittiuter,NE:5 required to It:collected by IIST ollter text,r,tittired to be bnllectutt lIp the An tst shall be paid the Client till the It,: dottlf.For tint port rtithe lie in tv111.:11111..-i • 5,1 Title it)ilie Wztet ectenitet ke1111 the Artist,until the is paid IF,in full RI it/deli tit,title in the Vtiottli shall ruts to the 1.5 littler to Addend:Int A:Termit.]Ilitler mil Addendum C:I3ititi5jon for Responsibilities In:cspettsitr, mt,iric. Fcc.1 o nd(1:1:tori,"11:1.cnn2rdo cm.c,loty cells related to activities not directly re!nred to ilte cm:cod:Jo of the Work iccitelitilt,irveructi,pi:totting,ptddiriiiy,and co•nnerrolt,community ou!resell for the'Work G.I nstalbdorl tiOle Worli Itefor ut A1.1,1coLlon, Ritlul' period regcla,cor.lit 1,2111..1th:0 InJth pIrtitts, li,rcp:with ve5p1'c: till grant in 1:c toctlit try Ar,C11,S pursuant In 111e write. :1 lyie:oit 1.cetntecItt 51(411 5/15 Amok aglrecmcnt between thew and the Agency,neither Artist tint Client shall hold the City or the Agency responsible for any costs of construction,installation.of intprovementa In the Site or its infrastructure In accommodate the installation of the Work and:toy ongoing operation or repairs or upgrades. 7, Insurance and Indemnification 7.1 'ilu Client shall obtain,in its role cspettsc,ttll-niki inartnlncc covering direct physical Inset or Vantage Ire drawings,models.the litateriala anti equipment used in connection with the Work front acid after the delivery to the Client at the Installation Site. 7.2'I'he f;lient shall obtain,at its sole expense,commercial general liability insurance in an amount nil leer than S l,U(ltl,Ull(t each uccurrcuce and S2,(111t1,tltHl ngyregate coverage for liability.Sttclt insurance shall name the Artist;members of chair team nested in Addenduin I!:list of Insured Parties,the City mid the Agency as adthltiunal insured parties and provide coverage for death,bodily injury or property datnmg t:at the Iuscnllntinn Site from the day esecutinn ufthe instaliation of the Work commences at the Installation Sire lit the clay it is completed, 7.i The Client shall obtain,at its sale expense,general liability coverage for the public eshibltion rtl'the Work and such insurance as is necessary to cover the Work after the installation period and for liability arising;ntu of any defect or accident caused whether directly or indirectly by the Work. 7.-1 Artist shall obtain,at its Gale expense,nil-risks insutance covering direct physical loss or damage to drawings,models,tite materials and equipment used in connection with the Work,until the deili'cry of the Work to cite Client rat the Installation Site(provided that,pursuant to Addendum A:'Technical hider,Client agrees to uete its hest efforts to obtain an in-kind donation front it reputable shipping company acceptable Its Anist and Client bath for the shipnient of the Work and for insurance of the\'Pods during ship:netu). 7.5 Artist shall obtain,at its sale expense,general liability insurance in en amount not less than SI,Ut1U,(lttt ' each occurrence and$2,dl10,ttilt)aggregate coverage for liability, Such insurance,halI stator the(;liens,di City,mid trite Agency as adtlitiunel insured parties and shall provide coverage for death,buddy injury or property tlac;tai;e ltnm the day execution of the Work commences to the day it is completed. 7.6 The Client:hail indemnify,defend and(told the Artist,the City and the Agency harmless front and against all lasers,claims,lied demands resulting from lass of nr damage to property,or death car personal injttcy,arising from the negligence or wilful misconduct of Client of its representatives,ngenls or employes ire the performance of the Client's obligations under this Agreement. 7.7 Artist shall indemnify,defend and hold the Client,the City and the Agency linrmlesa from acid ugainsI a:) losses,claims,and demands resulting front loss of or damage its property,or death or personal injury.arising from cite nepligeuce or udlfetl misconduct of the Artist or his representatives,np,cnls or employees,its the performance of the Artist's obligations under this Agreement. 7.8 Notwithstanding anything in this A retch:7 to the contrary,each party releaser the other party and its ;goals and employees in reapcct of any claim that the releasing party might otherwise have against the nllte.r party or its agents or employes for,and waives any right of subrogation in respect of,loss.damage or outer casualty to tangible property owned by the releasing party to die extent of insurance proceeds received by the releasing party front the insurance required in be carried hereunder(or which would have Intuit reeeive:d had such party complied with such requirements), 8.permits and Licences 8.1'lite Client is responsible for tbutining,al its sole expense,any licence or permission that may he legally required In permit exec titafl()idle Work.These shall include,but me not lirnitrtl In,silly permits tettni:al to be issued under municipal laws or other governmental authority. .1t;,ecntcnt 'Iltc(.conardo ti/f1/t1 (!tf, It?The(11ten.t it respnusInle for all impure fees,brokerage,rind siulilar duties auto services related to Irnnsporling the Work hull the lilllled Stack's.ctclittllllg ult11rp111l1 edict(lhe n!slatlr(Ihle roe which in described in Adderdum A:'I'echnieni Rider,below). 9.Maintenance curl Repair 0,1 The Client will eve its',cr.!cffarlc In nuke cure of and repair the With,the cost or 011 ulninlnetnce and repair stall be the respnnaihdny of the Idiom 9.2 Following the rnilollaliun of the 1Vurk,the Anise will provide rice Clicm with a hiiiraeomnce kl:uu:nl for lire\\'urk outlining regular maintenance deduces to be perforated by the Client.The Arlisr will also provide basic cci fie nutimm�anec tnining m uldividunle(luting the installation period. It will he 1Ice(aienl4c responsibility co Emilie tlppmpr err staff avndr.hlci fur this treinirlg period, It is understood Thal the Client naly choose to record these training serslrms in nrdenn nlnke the information nvailnlcle foe future:unii, 0.3'I'he Client will uperuie hilt!Work under rcnumvblc dolt'cycles ns prescribed by the Artist in the k-0ninlennnce Islamcl. S;i The Cbe:n nhelh tine Ill.n n,tccicdl!;,IC.unotlify or destroy the\\'ark witltuut the puts,c'rineu consuni of tine !sled:. 7.5 li coy ntainlcldnncc Ile repair of du•Work is racei:ed teem nficcly the artistic iniegrity rdtbe\Pork,lire Client zgrcec in contact ncxl seek the advice of the Artist prior cc effecting any rnninlenance or repair.('ice Cllctt n?rc'st dm:the Astir:shall hour the riidu of fern rerusul In Carr;act r.ny such m:llnlcur,ncc rote ceinfir. An,future work ns;neistal chic doe mniuieau:rce al'lice WOrit ICI he conTlacd I:y Ilts Artist call he .. !al nudes..s_parele Melly„et. '('its.]Ahearn statue r.ml,e n➢rermicubic etinrt.;to ensure dual the artistic integrity;lithe Work it no: injncriutrnly ufhricd in etc mnintcnunce or reltnir t he(Jicnl undenahrs. 9.3 If line C'.enl(ties In nain:aiu anti rcpalr the Work,ihu Arnie shrill Imvc the right:w Clued r y ucaesnry a!ml;:attt rime rcpaa and t!lefliun!agrees to pay 1 nr soyuueh mnicctenuore end cepnir.'i'he rimer dicta! f 1tnv;cl to lite Wised el)iovuim sail hio font ricer,(Id)do a or dhe dry the repair nun luain:coulcc is eelplc,ca aml I:a'(:Gent s!ntil reimburse t!r,:Artist within thirty(301 d.1ys of receipt alit::involee.Notmhltalandin;the tea pnynrvnld;{tali be¢yuiccd Lam(lieu!v:ith dedltt•cl In rntair rrc mninlmtaca perlimnecl icy rcrW foe roy n•ccdc pcdrrntcd under!Ico tinrrcNt dc;eri'ucd in Acic!c 3 c'uove. .,')lltiae\\'nein is,in the cnpinine of rim chellccc relccanti;ily'cama;!cd,i:Ich.:chi:n2 it'ccn:]c n:;•ira„d:,:ll r,itl shall 6cwe the sigh:to reyurell rise Ilse Work al ede::;u ors, H.Copp-iglu toad t:;oral(ligirtr. (1.1(:opcn;Citl in the Adcock,dice Nnckuup and coy cccicen doe:::ncrt:l or n:ndels created icy the Arlin'In f¢rhernnce of lice Work i,:retainer!be Ion_Artist,eveepi ownership of the APrrlt,including the sigh:to publicly display Ice AY'ur'a,marl yxr,;cssiun of the Work. !111 If lhu Q!mu wishes in',cn:Ise ccci'of the nglln rooted it,the Ar1i,1 untie;lice C2,Jgn_i1,tlil,lire Client s;ua!l a:ltniu a liCeocc from lbw Ardis;perniotirg such use et n ice to be legrll!atctl.If lice rlAld the Client secla to exercise is cdmioinlered by a copyright collative of diticil dice Artist in a member,the Client sirel obtain rut'license;aloire'In esereise the right from The cullernive ndminislcing the right cc the Ilcenee lee dletl in force. As:r:...,nt!..!lot I c,ncdrao • 111„i All other riiibti in the Work,the Mock-up and any other documents or models created icy die Artist in furtherance of the Work,including moral rights,me reserved by the Artist and are not waived by the Attie. Notwithstanding the foregoing,in view of the intention runt the Work in its final tlimcnsicin shall he unique, the Artist shall not make any additional or duplicate rc'prodrictioos of the final 1C4irk,nor shall the Artist grant permission ICI()there Ili III)sa;provided,however,that Artist(nay use depictions of tite Work in pi-multihued materiel such as portfolios and remotes. I001'11u:Artist retains ownership of all work incidental in the creation of the Work. I I. Prucnation of the Work 11.1 'iiie Artist and the Client have the right to use the names of the parties named in this egrecmcnl to conrteetiutt with prom:tttittti of the Work. 11.2 the Artist hereby grants in the Client and the l;ity tin lrruvcu:ahle licence In make two-dimensional reproductions of the Work for non•comrnerrial purposes,including her not limited In reproductions used in advertising,brochures.media publicity,and catalogues or other sitnilar public:ttitnis,provided shot there rights are exercised in a tasteful and processional manner. Nnn•ctotmereinl purposes shall include the sale of suet,publication by the Client fir the t;ily al n nnntine'Ice. The Artist shall he given credit for the Work in ally each reproductions, Upon the reasonable request made by Artist,front time to time,the.Client shall make available to Artist,fur Artist's review,copies of reproductions mode by Client or the City(as applicable) put-a:::II to this Article 11.2, 12, Re5atc l:iglcta 12,1 If the Client sells the Work,the Artist shall he entitled to fifteen percent(I5'5)of the difference between Inc' sale price of the Work(inclusive oreity commission or other expense incurred by the Client to effect the sale)and the Artist's I'cc. If the Work is transferred other than be'sale,Client shall IICe Its best efforts to incletle a provision in the transfer documentation requiring that,upon such transferee's subsequent sale of Sole!;Work,if any,fifteen percent(15%)of the difference between the sale price of chic Wrrk(inclusive Ili any cortrr,iscico or other espcnsc incurred by the transferee to effect the sale)and the Artist's ales hereunder tarsal he pcid to the Allis;. 12.2'I'It Client shall keep n record of the sale and shall forward nue enpy of the bill ui'sale together with the ratunn11 owing,In the Artist within fourteen(t'd)days of sale. 13. Clicnt (tights I1.1 Subjcci nn1 to the Artist's moral rights,the Client has the right to move the\C'rirk. 13,2'Ike Client has the right to resell the Work,subject to the resale rights defined in this Agreement. 14.Amendments 1.1,I Amen:Intents to this Agreement shall be in writing and signed by Mt:parties. 15. Dispute Itcsolittiott 15.1'I'I:e parties agree in use their beet efforts to aettie any disngreentelUS nit in Ile n11:M1111g of iltic Agreement.If the parties are unable In settle a dispute within 311 cloys,they rgtue,subject In as Agreement. to mediation using ct single mediator acceptable to built parries.with;loch mcditttiun in oceut in Salt I CAW, Utah. The cost of the mediator shall he borne equally by both parties, 15,2 if the mediation is iutsucccssful,our ag,cieved party shall be free to seek such redress Os may he obtained in on action or application in a court of competent jurisdictinit, Agreement •'lire 1.cnnttrdu 5/6/11 II!t5 16. L tit rc Agreement 1(1.1 This Agreement which includes end Is limited to this document,Addendum A:'1'echnicel Itider, Addend nit il:List of htsuret)Parties,Addendum(_:Division of Resimitsibilities,and Addendum I):Letter of Understanding,constitutes the entire agreement between the itnrties and supersedes rill prior negot:niloth and understandings.The parties further agree that there me Ito representations or warranties,coilateral agreements tic conditions which affect this Agreement other than es eapressect herein. 17. Force Majcure 17.1 If nay parts is unable to comply with the provisions of this Agreement for reasons beyond that pany'e control,this Agreement shall not termlttate,but shell remain suspended fruit,the time the cause first because operative,until::tick lime as the cause ceases to operate. If this period exceeds six(Cl)mouths from the slate die muse began,either parry may terminate this Agreement by giving thirty((1)Ltaye'notice,in writing,to the other party, I .Independent Contractor Smut] I6,I ISn111 Ale Artist tittd the Client are acting a5 independent colrnr;ctnr,s under this A:recmenl.'The parties arc tint engaged in joint venture nr partnership, 1U,No Annignntent 10.1 Neither party shall assign its ri ht;.under this Agreement without Ile_•prior written eonscnt of the other party,However,the.Artisi retains the right In assign monies due to the Ani:t under this Agreement without the er;osent of the other party. Nntice 211.1 Any nonce rcyuircd r:itder this Agreement shall he in wrinnt(and shall he delivered to the panic;a! the shove-noted addresses.Nodee given Iiy'hand:rhnll be deemed In be given oil IIic dnlc of tlelivcay.matt::c given hi'!mil shall be by prepaid regktercd trial nod shall be deemed to he given on the fourth Clay after pn;;irg, 21.Succcasa:s and Asslg-na 21.1 This Agreement shall ensure it)the bentflt of wad hind the respective cxecutura.adminis:ramie,heira, successors rind assigns of the parties. l vccpt for the City and the Agency,which are iittenda1 third-party beneficiaries,the pruvisirns of this Agreement are not intended to belief-it any third parties. ?_ intcrprclaeion and Validity 22.1 'nu interpretation nod validity of ibis Agreement shall be governed lty the}awe of the State of Utah and the parties agree rn submit in the exciusive jurisdiction of the ducts of the State of Utah 'Fcmiimttion 23,1 The(:Rent shall have 5 days after cleliveryof the Mock-up to the Co-nrdinr.ior to determine whether t•;alics to proceed with tile project.Should the Client not\violt to proceed,the Client shall give written notice it; the Ards;on later than i,tnrch 20,21)11 (the"Kilt 1)ate'), 212 iI'th_(:lent gives notice to the Artist tinder article 21.1,thin;Agreement shall be terminated ua the day the Artia; rcccnees online of tern:inatiot:, l.rrcrnvr•,!•TIN:1.cr,n:rd 5((111 ogovviki 21.1 Upon termination of the Agreement by the Client,the Client shall be liable for any Isxecutinit i t lock-up Dees due 114 of the termination time but not yet paid,together with all budgeted expenses incurred by the Artist up to and including the termination date which are the reppnnaibiliq of the Client nrtd which hate Vol been paid to the Artist.'Me parties agree that apart Inimrt any rr111n11ntG owing Io the Atii t under i11n; paragraph,the Artist shall not have any claims against the Client nu tt rczuit of its termination of Ibis .\grecnlent. 23.4 If the Client dries not give written notice to the Artist of its intention not to proceed by the Kill Date, then the Client;hall be decreed to have approved the Mock-up and the project shall proceed In its completion. IN\C'I'i'NI,SS WI IERISOI'the parties love owed this Agreement as of the dale first oei forth above. Philip Iteenicy r r hiteci Inc. �lJ�l ✓ /7 c5 1F-5j li F47-1C'CI Amok ; Name: PE74t{ Vi . G Its: 'Gc ,7c;i 7;r nt:nt-'Fite I.c.arci 5(r,/11 IIt/I S ADDENDUM An rECHNIcAI.RIDER 'lids addendum to an integral part of the agreement between the Client and the Arise. Insiafli lion Period Plate L•May 1.12 • In this period the coml:'mal tooth would darts!!ceiling mounted wiring,power supplies,rigging, ceiling mounted lighting,ernnnnmieaunns wrung surface mounted and ihrnpgh conduit an,first Ilru e first aid count. • Two MIA!mar(will be no site to direct this phase.All mtunberr,of the 1'IiA I installation leant will require light frtm'1'arnnph to Sall Lake City and aecnnundnlion near the venue(In be provided by 'Iliac Lannnrdn). PIIAI m Ivneidr.totaled schedule of all travel/aceununu+dntinn requirements prier tot ravel dates. • Instalinhin❑'!'earn(I'n tic provided by The Leonardo):The 1'IIAI Ivan:rryvire 3 stall euuhfnnnhle with rigging pmvitled by The l.ennnrdn plus additional nnppnrt from 1.21.enn,rdn miff(io,help with interfacing with the building),stud 4 volunteers. • mittens between the hour:of 7:uUaun and 5:30pm during Phase I. Phase 2:June ti-July 1 • \\reels one,Nark within singing are;if.Impact n:+d cnnaruet.all elements. • \i ee'i Iwi:!lunging all elethcnts. • We el:thrust Debugging and final lighting, • 'rile Bice of the Ig1A1 crew would nary(ram week to week,but there will alerra 6r 2d+P11h1 staff ue site to direct the installnfinn.All niontbcrn of the I'IIAI installation tenth null require n(light time. T(1;11nan m Pelt Like City end accommodation near the venue(In Inc provided by The Leonardo,t;is hind durations can be secured,Ilieu,I'IlAI will be re;pnnsilrle to curer those costs). 1'i1:11 In provide detailed eehedu!e mall navelfaecummndztinn requirement,prior u:travel date::. • hnntnllatinn'I'cam(I'u be provided by The l.cnna«!n)'.Pla,vtc 2 will require e larger crew of In•15 dedicated vdutnects to nuppert assembly and ramp and 1.2 dedicate!Leeunrtlo naafi(inciedir.'1:, terimieluni rho can suppon interfacing with the building,possible power/emnuumlcntacc;is;.ec). • band!ntiim'ream seppnr:(1'n be provided by The Leonardo):Volunteer nunifrv,kat(bur,il•.el the volunteer tcav works hest'abet)they;re suppnr¢d l:y meals and refreshment,,coffee/tea ele.—dos can Ix quite udur:nal. • Bull 24 hour access in ti:e spice is required during Phase 2. Exhibition InfrpyJfa,tnrc/Services (fn ire prgvideci by The i,conardol• • Iigh ring - R.equirement,..nhov;n on"Leonardo Beesley Lighting kiting Order"sent into car„Ill herd I`S,'UI I. - n tnininlam n(Gtf.,.of the Pinspms spotlit in the Leonardo lie+:racy Lighting pr+4r dneumrm ea be required on site for Phase I su that they eat;be installed dl.rceay ran:,iLe 3:r floor r\trium«fling Lighting fsWre pips wilier other n.uun:ini;p,sitmu,n:rvdorca Sc locattoas tine to lie tibrieatetl and installed by The l.ennnrdn pet NMI specifications. Final sp nffuen6ur.and locntim:ut be tie eided niche with 1'11.11 atafl'dor:rg Phan:I. - While PbAl will cunault with The Leonardo on the artahetic5 and pas e w of dtac nanun:iug e.toxuucs,elm sole ins:elimiun utd:sc nnitr in the re:pw:sibilit)'uf•Ilie I nnnnrhn. - 3,121tV dedicated circuits for the sculpture with r.ouster breaker switch location lir::Boar lies!nhl room,allowing on is%witch off:ill power u,the sculpture at once for program:ningp lucaftnns of pm'er drops.one;t each of the Nli,SIP corner of third floor atrium,and SII corner n f second fluor atrium, R;nuin;t4 of third flour atrium power as shown on'P::jacnl Layout-2nt1 end'nil floor Refleeled Ceiling,flans riming:tent pub 1(i.hui I,'rile Leonardo will provide all call'and power supply in the eeicnenl linhtin;of the AA5,r1s lnree;ncrt Ile Lcniran'n .5/f,/II II/Ii (lighting not contained within the Work ituell),as well its any stafftt tools and or trades people that may be recitiirecl to install such cabling or where I'liA I staff not not permitted In install required power for the work or the lighting for it • f.untmunicatitlnv - 2 conduits to route cotnntumentions cabling to the toaster control Innird location(first (Boor first aid moot),one front the third fluor ceiling,one(corn the second floor ceiling.The Leonardo will provide staff&tools and/or trades people nhle to nut the cable to the required control incatiorl from the Work Installation 9l)ncc retl]rirgrncnts,staging,ctjuiarucnt and tools for Phan 1 (To be provided by The 1..coeinrd0.1 In advance of Phase It • Provide Covered continuous plywood surfaces where we can drill end screw lit multiple hanging points. • Scaffolding up with complete dick to easy working height to 3rd floor culling Opium; • flanging paints for third floor ceiling to he tonsured nut end labelled. A drawing showing point locations and labelling method will be provided by PHA', • Scissor liti brought into building-able to reach Tanner Ceiling end support 3 people working on it. • Painting on walls complete,colour-Sherwin Williams 71176 Cyberspace • Painting tin ceilings complete,colour—Black During Pltase I: • Lowered ceiling elements/platforms surfaces(cg.shelf for power supplies)/raceways for power ii required,will he constructed by'the l,t:onardu its necessary in consult:ohm with PliAl. It generally agreed that The Leonardo will cover the cost of the labour for constructing these elements; PBAI will cover the cost of the materials. Costs associated with these elements will need to he approved by both parties in writing. • I'slcciriciatta mailable to run conduit;and track to location of escalator lights on.Ird floor ceiling a:1d *" +, wire up required plugs on circuits for installation,Rudd and locate higher positioned lighting'pipes run power to them, • Area free and clean ra'cnit truction debris and obstructions. • Rotenone Slate III window film to ha installed on third Boor window::ncljaecni In external countied —cost by'the Leonardo.'I This is still subject to budget considerations,but he Leonardo will a<c i:s heel efforts to ensure this will be installed, • fr.st.^.11r.riun'loots end Supplies(to be provided in advance of Phase I and nvnilnble for Phase 2): - Swegcr,cordless drills,drill bits,drill driver sets(including Robertson heeds).cable cotters, heat gun,heat shrink tuitino,soldering equipment,electrical meters,pop riveter,wrenches. stud finder,hammers,centre punches.hole saws/knockouts,pliers(ncedlenose told iinesrenit),liser measuring device,laser level,weights(for pulleys),drill press,angle grinder. bolt cutlers,clew rich tape,black 2"cloth gaffer tape,black duet Pepe,lung InesSirrin„tape, replier end miniature screwdrivers,slrlccrlttern. - Norwitlainnding the Client's respnnsiliilitp for preparing the space to house tine Wi irk,it Is rccugnired that the Client's budget for base building modifications in neconttondate the Work is strictly limited.Should unforeseen building modifications such es midi' l fire sprinklers be required by Authorities to Iintue the Work,the Artier and the Client shell war:: collaboratively and altem pi to find alternative solutions with Building ttr City f)fftcisi tltai ovoid costs beyond the Client's budget. During Phase 2: • 'Third finer reception area to he uscil Inc fabrication and storage during install period • Access to first flour Bret aid room during instalinlinn period • Storage for crates prior to period of installation,in the cast of off--site stomge,'I'he (j;onardn will lie reutponsible for bringing the material to the installation Space before tale IRMMI team arTivo and arty emits associated tcilh this innvcnment. • Should the exhibit space not ite recluse mi will need a lockable sitar:il;c area during the period or ,tprcrrnrn:•Tie I.cnnutrtI r i/6/11 12/I C installatinu • Power and suliicictli Ill;btin}y II;setup space and eshiltitiun space doting the period of installvinn • Rigging anti scaffolding equipment,sufficient to provide temporary access In the ceilings of both spaces throughout the installation period,TI11).I;nr example,scissor lilia which cart rC,lr11 lice coiling in the Tanner atrium space,demountable scaffolding system which Can reach the ceiling rtf lice three storey atrium, This scaffolding must he ccninrahie in sections,ie.we will pin the sculpture tail in layers begimtitagwick the third door ceiling and adding material 115 we move down,several ladders (long and;hurt), I rolling scaffold which can reach the retinal floor ceiling of the•fanner atrium. 'l'hc Leonardo will supply till necessary fail tar:ch;t and safety equipment required nod/or reasonably requested by PI1AI. o ;letup area lc prepare setup and assembly, • 'Eight folding tables far layout and interim assembly - 12.15 clinics fur team tviih assistants • Scaffold,pipe with stands,or other structure f`rlr tenlpnrary hanging of sub:wembiles, rtpprati.fit)linear feel. - Several shelf/rtclt units for interim storage - office with eunnnunicatinns including pnwcr and networb/Internet access for one computer - Occasional printer access • \rcntecI apace nerd power(or lemporary laser cutter;applied Icy I'13A1 Crates;an(-I Shi in lZec�uire lent•: 'the Work will be sent in No shipments, In order to reduce shipping costs NM)may have raw materials shipped directly to the Leonardo prior to each phase of the install.P13AI will provide details as to shipments front suppliers prior to theirrmt'a)and the Leonardo shall receive and safely store the materials mail the curled of P11AI staff. lice firm shipment w:11 consist of power supplies,eriuipntettt and cabling\Viliclh vaill need to l;e icnshalied tic 111e ceiling„delivery hrfnrc the start of Phase 1. 'fhe saeond shipment will need to arrive in Salt Lake laity before thhe start of Phase 2. (;rating and shipment tnetltnd'1'131),cost of transportation. (including insurance during,shipment)h. Artist,approximate siic of shipment shown Itclow:provided,however,that Client shall we its best efforts to obtain an in-kind tlancalion frona n reputable shipping company acceptable to Artist and Client for the sltiprnant of the Work(including insurance during shipment).Pierce note,al weights listed ere approximate,final crate dimensions and weights to be confirmed by PHA'. rofcrates Type of paelaegc Weight(kg) Dintenciorts(cm) t,9 Wooden Crate 30t1 each 195 a 215 a 151111 5 Wcodei Crate 159 each 125 a 110 a 11011 11;r.•i!Mcr.!-'lie i.t•nr„rcla 5/1i(1 t 11;I ADDENDUM C:DIVISION OF RESPONSIBILITIES This addendum is en integral past of the agreement between the Client and the AI list. The Client\villa Provide Programming.Ithiri:etnrg,Public Relations,Volunteer and Spu r:unship support for the\\huk us outlined in thiv r\greemcnt. \C irk•with the Artist rn n spirit of goodwill,collnhnrntion:Ind information sharing;to sustain the artistic Integrity end attain the objectives of their Project hi its entirety. Prepare the specs for insiidletiun as outlined in Addendum A Technical Rider. I lendle all coordination and contracts relined to ship;riup brokerage,customs and import of INC Work. Provide end coordinate exhibition stcfl'ineluding but trot limited toTechnicians,Security Clir•;rds end I)occnts. I',,, ;tic signgge which includes the title of the Work,artist name and description of wit r , Use its best efforts In obtain nit iu•kic d tlonntion for shipping and travel costs and cetio n.cdaiu,r,is Sell I grItc City for PRRA\I etnff daring tire hrstnllntinn period, htadtet and promote the Artist and the Work, Tire Artier r.'ifk kilter into tI I.ctier of Agreement\i'itic Tire I.ronerdn once it:clinienil and budget consider: nos fir,: canfirm_d. \\ccrti\volt tl:c L,11u:rt in rt apron of goodwill,crillcl70rntinn nerd infrrrterniunn siiurrl;ic 1r1 ancs:nci:r the irr.crtrir;nod r,tI:in the nhj_ciives'It-their Patient in its entirety, in regende to the.Exhibition CrCC-fe trio!innt.^.li it enniempnrary wtirii of art(the Work), I:cep the(:lien,, nu l to:'<rf Project proyrres.,, \\roil,it euncuhatit:r\vibe the Client to crentc nna ionic!!the Pr:c cct as our'.iectl i:r Aildent!run I I:'I'cc!c,icnl ;cite iii;•e, Grrnirietc/Itele tie the i'indcei,at the t'rnducere discretion with advnnce limier,fir niedin irreviev.'. !a rcenrdcr to Medic I'r+rlrrate ihrirscl cc god Mr event lit the beet of their rhility with the rccourcr::^\'ailriii;S to theta. t'arlir'pau in mat be nrnil nhle for Incdin nppnrlunitics thri ;:rise,wren:ccc liir these events ore sul;j„t In Clause.5,1 outlined in the Agreement, Iinivicic the Client with 1;1,•inogralrbtr,hi:iyrcpirp,ftrri;cct dri.riptir,a nut marl:stint;innnec:d its r tltarur!. It,rcrinca'•'fhr I.cnnvctn 5ili!!I 15;IS rZi f — GRANT AGREEMENT FOR FUNDING OF ARTWORK This GRANT AGREEMENT FOR FUNDING OF ARTWORK("Grant Agreement")is entered into on(l f2,111 .;( EtY ,2011, by and between the REDEVELOPMENT AGENCY OF SALT LAKE CITY,a public agency(the"Agency")and THE LIBRARY SQUARE FOUNDATION FOR ART,CULTURE AND SCIENCE,a Utah non-profit corporation(the "Leonardo"), RECITALS A, On January 11,2011,the Agency's Board of Directors approved the grant o1'up to S750,000(the"Grant Funds") to the Leonardo for the purchase of an art work by Philip Beesley(the "Artist"),entitled "Hylozoic Ground"(the"Work"),to be Installed in the atrium of the Leonardo's facility, in a manner that allows e substantial portion o1'the Work in be viewed by and accessible to the general public without payment of an entrance fee, B. The Leonardo is located within the former Salt Lake City Library building at 209 Last 500 South(the"Building"),which the Leonardo lenses from Salt Lake City Corporation(the "City). C, The Leonardo is entering into(I)a separate agreement with the Artist governing, among other things,the creation,ownership,installation,and maintenance of the Work("Artwork Agreement"), and(2)a lease addendum with the City governing,among other things, the ownership, maintenance and disposition of the Work("Lease Addendum"). A copy or the Artwork Agreement end the Lease Addendum arc attached ns Exhibit A to this Grant Agreement, I). The Ae.eney and the Leonardo wish to enter into this Grant Agreement to set forth the terms and conditions under which the Agency will disburse the Grant Funds to the Leonardo, AGREEMENT In consideration or the promises contained herein,and other good and valuable consideration. the Agency and the Leonardo agree as follows: I. The Agency agrees to grant to the Leonardo the sum of up to$747,219,which is based on the Board's grant award of$750,000, less legal expenses incurred thus far, • 2. The Grant Funds will be disbursed according to the schedule and subject to the completion milestones set forth in the Artwork Agreement, The Leonardo shall provide a copy ol'thc Artist's invoice and indication of the City's approval of said invoice to the Agency for each disbursement requested. I he Agency acknowledges that the Leonardo has agreed to remit payment to the Artist within 14 days of the City's approval of each invoice, The Leonardo acknowledges that the Agency will require approximately 10 days from receipt of the City-approved invoice to process each dis`.;tn•scnucnt. The Agency will not unreasonably withhold disbursement of the requested portion of the Grant Funds. As further described in the Lease Addendum,the Leonardo aerecs to retain the Work in the atrium locution where it is initially installed for nut less than live (5)years from the date of its Iliad accertance by the Leonardo, unless otherwise agreed between The Leonardo and the City and except as nine otherwise be provided in the Lease Addendum, The Leonardo agrees to enter into the Artwork Agreement with the Artist and to comply with all terms imposed by the Cite related to the installation, locution,and ongoing maintenance oi'the IVork. The Leonardo accepts liability tier all aspects oltlte Work and shall enforce all warranties as to the material, labor and all other aspects of the Work, 5. The Leonardo agrees to protect.defend.release. indemnify.and hold harmless the Agency from and against any and all losses,damages,claims,demands,actions,causes of action,penalties. expenses. litigation costs.attorneys' fees,expert witness lees,court costs,amounts paid in settlement,judgments,interest or other costs resulting or arising cut orate negligence or willful misconduct of the Leonardo or its agents or employees related to the installation,maintenance.or display of the Work. The Leonardo shall maintain general liability insurance for the Work and shall name the Agency as an additional insured on its insurance policy. C. The Leonardo may not assign its rights or obligations under this Grant Agreement without the prior written consent of the Agency, which will be granted at the Agency's sole discretion. 0114, ,, This Grant Agreement constitutes the entire agreement between the parties. The Grunt Agreement may no: he amended except through a written amendment signed by the Agency and the Leonardo. In the event that any provision of this Grant Agreement shall be held by a court of competent jurisdiction to be invalid and unenforceable,such provision shall be severable from, and such invalidity or unenfiarceability shall not be construed to have any effect on,the remaining provisions. 9, The Leonardo represents that it has not:(I)provided an illegal gift or payoff to an Agency officer or employee or former Agency officer or employee,or his or her relative or business entity: (2)retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage,or brokerage or contingent fee,other than bona fide employees or bone fide commercial selling agencies for the purpose of securing business;(3)knowingly breached any of the ethical standards set forth in Salt Lake City's conflict plan interest ordinance,Chapter 2.44,Sub 3 Luke City Code;or(4)knowingly influenced,and hereby promises that it will not knowingly influence,un Agency officer or employee or former Agency officer or employee to breach any of the ethical standards set Forth in Salt Lake Ciiy's conflict of interest ordinance,Chapter 2.4'I, Salt Lake City Code. REDEVELOPMENT AGENCY OF SALT LAKE CITY •By Ir%&'`�lfi Re ph Be ker Chief Administrative Officer A BYfi. ._ D.J.Ba. tel.. Executive Director t'')roved a;,to form: lI/ Lyn Ira Kirw;n A�i.ncy lcgul counsel ,---- THE LIBRARY SQUARE FOUNDATION F RART._CULT'LIRE`•—^.ND SCIENCE \� By 1 C �i Its: cc.,,r z ') 4';:"r,s„- 4 Salt Lake City Corporation Contract Activation ;ontract N6r:03 1 09 3992 1 Status:A City Wide:N Title:THE LIBRARY SQUARE FOUNDATION LEASE(LEONAR Vendor 35880 LEONARDO,THE Dept Contact:LINDA BENTON 535-7914 Starts:6/23/2009 Ends:6/22/2029 Term: 20 Units:YR $0.00 Contract Activation was successful. TABLE OF CONTENTS Attachment A: Current Resolution Attachment B: Resolution#33 of 2010-Authorizing a Change to the Small Business Revolving Loan Fund Attachment C: RLF Lender Credit Memorandum Attachment D: Application Packet Received from Leonardo Table of Contents for Packet Section 1 of Packet Section 2 of Packet Section 3 of Packet Section 4 of Packet Section 5 of Packet Section 6 of Packet Section 7 of Packet Section 5 of Packet Section 9 of Packet Section 10 of Packet SALT LAKE CITY COUNCIL MEMORANDUM DATE: July 15,2011 TO: City Council Members FROM: Jan Aramaki,Council Staff Member SUBJECT: Resolution to appoint a Board of Equalization and Review and set the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments COUNCIL DIST.: 3 CC: Cindy Gust-Jenson,Frank Gray,Mary DeLaMare-Schaefer,David Everitt,Dan Mule,Marina Scott,Ed Rutan,Boyd Ferguson,Tim Harpst,Michael Barry, Garth Limburg,Karen Carruthers,Susan Finlayson,Blaine Carlton, Nick Tarbet,Quin Card,Kristen Mulderig,Brian Fullmer,Michael Stott, Shawn McDonough,&Joyce Valdez ` FILE LOCATIONS: CED/North Temple Viaduct/SAA No.109014 DI POTENTIAL MOTIONS: 1. ["I move that the Council"]consider adopting a resolution of the City Council of Salt Lake City,Utah,appointing a Board of Equalization and Review for Salt Lake City,Utah Special Assessment Area(North Temple Viaduct)No.109014;and setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments;authorizing the City Recorder to publish and mail a Notice of Mailings of the Board of Equalization and Review;and related matters. 2. ["I move that the Council"] Not adopt the resolution for North Temple Viaduct, Special Assessment Area No.109014,appointing a Board of Equalization and Review,and setting the dates for the Board of Equalization hearings. REQUESTED ACTION: The North Temple Viaduct Special Assessment Area(SAA)No.109014 will extend from the west side of the 400 West intersection to the east side of the 600 West intersection on North Temple and include four vehicle travel lanes,pedestrian walkways,light rail tracks and a passenger transfer station from the light rail to the Front Runner commuter rail station located below the viaduct. This viaduct replacement coincides with the construction of the Airport light rail system that is being extended from downtown to the City's International Airport. Work on the roadway portion of the structure is nearing completion. For the next step in the SAA process,the Administration requests the City Council adopt a resolution for the North Temple Viaduct Special Assessment Area No.109014 appointing a Board of Equalization and Review and setting the dates for the Board of Equalization to hear and consider any objections and make corrections of any proposed assessments which the Board may deem unequal or unjust. This is an opportunity for property owners to discuss with the Board any actual costs that are being proposed. The SAA includes properties fronting and adjacent to the interception of North Temple and 400 West. The Administration has scheduled three consecutive days in August(as outlined below) for the Board of Equalization and Review hearings. The Board of Equalization consists of the following City officials: a member of the City Council,a representative of the Office the City Engineer or Project Engineer,and a representative of the City Treasurer's Office. The Board of Equalization and Review hearings will be held in the first floor conference room at 349 South 200 East. The hours are staggered to provide more opportunity for the public to attend at least one of the hearings. Wednesday,August 17,2011 5:00 pm to 6:00 pm Thursday,August 18,2011 2:00 pm to 3:00 pm Friday,August 19,2011 12:00 noon to 1:00 pm BUDGET RELATED INFORMATION: The total cost of the improvements is$71 million. Utah Transit Authority(UTA)Airport Light $25 million Rail funding State of Utah $20 million Wasatch Front Regional Council(WFRC) $5.73 million federal highway funds City's portion(SLC capital improvement $15,944,757 budget,Public Utilities'storm water enterprise funds,City sales tax bonds) Property Owners'assessments $4,325,243 from adjacent property owners Community Development Area(CDA) $13 million(approximately) Dependent upon the success of the CDA,there could be potential future impacts to the City's General Fund. 2 CHRONOLOGY: Council action already taken: • November 5,2009: The City Council received a briefing and adopted a resolution declaring the Notice of Intention and set the protest hearing date for December 8,2009. • December 8,2009: The City Council held a protest hearing at 7:00 pm. At the conclusion of the public hearing,the protest hearing was continued to January 5,2010. • January 5,2010: The City Council continued the December 8,2009 protest hearing at 7:00 pm.At the conclusion of the meeting,the protest hearing was continued to January 19,2010. • January 19,2010: The City Council held a protest hearing at 7:00 pm. The hearing was closed. In order for the District to be created,the protest rate must be less than 50 percent of the property owners.The Administration reports 14.3 percent of protests received. • February 2,2010: City Council adopted a resolution to designate the Assessment Area to be known as North Temple Viaduct No.109014 and to create the Assessment Area. Upcoming Council action following the Board of Equalization and Review: • Ordinance confirming the assessment rolls and levying assessments. • Resolution authorizing the issuance and providing the sale of bonds. 3 RECEIVED ►�7 JVL 0 1 Lill S,�\.�.i' �\4U l���.I� :ate, ON( RALPH BECKER FRANK B. GRAY r�"� DIRECSI C COUNCIL OFFFt EARTMENT OF COMMUNITY S. ECONOMIC DEVELOPMENT MAYOR •JRE OFFICE OF THE DIRECTOR MARY DE LA MARE-SCHAEFER EFER DEPUTY DIRECTOR RECEIVF,D ROBERT FARRINGTON, JR. DEPUTY DIRECTOR JUN 3 0 2011 CITY COUNCIL TRANSMITTAL fr/' Salt Lake City Mayor Date Received: � 3 6 I q.d11 David Everitt, Chief of Staff Date Sent to City Council: 01 01 I 'Z-O TO: Salt Lake City Council DATE: Jill Remington-Love, Chair FROM: Frank Gray, Community & Economic tfAL Development Department Director RE: Resolution to Schedule a Board of Equalization and Review for the North Temple Viaduct Replacement Special Assessment Area, Job Number 109014 STAFF CONTACTS: John Naser P.E., City Engineer 801-535-6240 or john.naser(a slcgov.com RECOMMENDATION: That the City Council adopt the resolution and schedule the Board of Equalization and Review for the North Temple Viaduct Replacement Special Assessment Area. DOCUMENT TYPE: Resolution BUDGET IMPACT: Viaduct funding is from Salt Lake City capital improvement budget, Public Utilities' storm water enterprise funds, UTA Airport light rail funding, an allocation from the Utah State Legislature, WFRC Federal funding, City sales tax bonds, and property owner assessments through the SAA. Future potential impacts to the City general fund could occur depending on the success of the Community Development Area. DISCUSSION: The North Temple Viaduct Replacement Special Assessment Area involves the replacement of the existing viaduct with a combined auto/light rail track viaduct. The new structure extends from the west side of the 400 West intersection to the east side of the 600 West intersection on North Temple and include four vehicle travel lanes, pedestrian walkways, light rail tracks and a passenger transfer station from the light rail to the Front Runner commuter rail station located below the viaduct. The viaduct replacement coincides with the construction of the Airport light rail system being extended from downtown to the City's Airport. 451 SOUTH STATE STREET, ROOM 404 SCANNED TO: �' 'c ` P.O. BOX 145486, SALT LAKE CITY, UTAH 841 14-5486 C r`P;7\1 N Y^D V,• 11 � TELEPHONE: B01-535-6230 FAX: 801-535-6005 L `��I7��� www 6 LC0v.COM/CED , :i necrceo v.vcn The work is nearing completion on the roadway portion of the structure and the attached resolution sets the dates for the Board of Equalization and Review meetings where property owners may review the final product and the proposed assessment for the improvements. The Board of Equalization will be comprised of a member of the City Council, the City Engineer or their representative; the City Treasurer or their representative. The board will meet in the first floor conference room at 349 South 200 East, Salt Lake City, UT 84111 on August 17, 18, and 19, 2011 at the times indicated in the resolution. PUBLIC PROCESS: Information concerning the assessment area was presented to abutting property owners in an informal meeting held on December 2, 2010 and comments were received by the City Council in public hearings dated December 8, 2009 and January 19, 2010. The City Council adopted the resolution creating the North Temple Viaduct Replacement Special Assessment Area February 16, 2010. Amok RE: Petition PLNPCM2009-00171: SLC Historic Preservation Plan Page 2 of 2 Salt Lake City, Utah July 19, 2011 A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday, July 19, 2011, at the hour of 7:00 p.m., at the offices of the City Council at 451 South State Street, Salt Lake City, Utah, at which meeting there were present and answering roll call the following members who constituted a quorum: Jill Remington-Love Chair Stan Penfold Vice Chair Soren Dahl Simonsen Councilmember JT Martin Councilmember Van Blair Turner Councilmember Luke Garrott Councilmember Carlton Christensen Councilmember Also present: Ralph Becker Mayor Edwin P. Rutan, II City Attorney City Recorder Absent: After the conduct of other business not pertinent to the following, the Chair stated that the Office of the City Engineer had prepared the assessment list for the Salt Lake City, Utah Special Assessment Area (North Temple Viaduct) No. 109014 (the "Assessment Area"), for action and consideration by the Board of Equalization and Review and by the City Council, which assessment list is on file in the office of the City Recorder and available for inspection by any interested property owner. Thereupon, the following resolution was read in full: CM',..")/EST»5300732 v2 Board of Equalization Resolution RESOLUTION NO. _OF 2011 A Resolution of the City Council of Salt Lake City, Utah, appointing a Board of Equalization and Review for Salt Lake City, Utah Special Assessment Area (North Temple Viaduct) No. 109014; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a Notice of Meetings of the Board of Equalization and Review; and related matters. WHEREAS, the City Council of Salt Lake City (the "City Council") adopted a Notice of Intention to designate the Salt Lake City, Utah Special Assessment Area (North Temple Viaduct) No. 109014 (the "Assessment Area") on November 5, 2009 (the "Notice of Intention"), and published said Notice of Intention for four consecutive weeks beginning November 14, and ending on November 30, 2009, and mailed said Notice of Intention to the owners of property proposed to be assessed as provided by law; and WHEREAS, in accordance with the Notice of Intention and as required by law, a hearing was held before the City Council on December 8, 2009 (the `2009 Hearing"); and WHEREAS, prior to and at the public hearing, persons having an interest in the Assessment Area were allowed to protest the proposed improvements and/or the designation of the Assessment Area; and WHEREAS, after protests against the designation of the Assessment Area were heard and considered, the City Council designated the Assessment Area by resolution adopted on February 2, 2010; and WHEREAS, the Office of the City Engineer has prepared a proposed assessment list with respect to the Assessment Area; and WHEREAS, the City Council desires to appoint a board of equalization and review for the purpose of considering any objections and corrections to the proposed assessment list: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH AS FOLLOWS: Section 1. As required by law, a Board of Equalization and Review (the "Board") for the Assessment Area is hereby appointed, consisting of one member of the City Council, a representative of the City Treasurer's office, and a representative of the City Engineer's office as follows: DMWEST#8300732 v2 2 Board of Equalization Resolution Member of City Council Representative of City Treasurer's office John Naser Representative of City Engineer's office Section 2. The Board shall sit as the Board of Equalization and Review with respect to the special assessments proposed to be levied and assessed on the property within the Assessment Area and will meet in the first floor conference room at 349 South 200 East, Salt Lake City, Utah, on August 17, 2011, between the hours of 5:00 p.m. to 6:00 p.m.; on August 18, 2011, between the hours of 2:00 p.m. and 3:00 p.m.; and on August 19, 2011, between the hours of 12:00 p.m. (noon) and 1:00 p.m. to hear and consider any objections to and make corrections of any proposed assessments that the Board may deem unequitable or unjust. Section 3. The City Recorder is hereby authorized and directed to publish and mail, as provided by law and the ordinances of the City, a notice of meetings of the Board. said notice to be in substantially the following, form: DNIWEST 43300732 v2 3 Board o'Equalization Resolution Ai NOTICE OF MEETINGS OF BOARD OF EQUALIZATION AND REVIEW `' NOTICE IS HEREBY GIVEN that the proposed assessment list for the Salt Lake City, Utah Special Assessment Area (North Temple Viaduct) No. 109014 ("Assessment Area") has now been completed and is available for examination at the Salt Lake City Recorder's office located at 451 South State Street, Salt Lake City, Utah. The City Council has appointed a Board of Equalization and Review (the "Board") to hear and consider objections to the proposed assessments to be levied within the Assessment Area relating to (a) the direct or indirect benefit accruing, to the property proposed to be assessed and/or (b) the amount of the proposed assessment. The total cost of the Improvements S71,000,000 The amount of the total cost to be paid by the City and other governmental entities: Utah Transit Authority 25,000,000 State of Utah 20,000,000 Federal Highway Funds through Wasatch Front Regional 5,730,000 Council funds City 15,944,757 The amount of the assessment to be levied against benefited 4,325,243 property within the Assessment Area The assessment method used to calculate the proposed Taxable or final value of assessment property as set forth in tax rolls of Salt Lake County The unit cost used to calculate the assessments shown on the .051% assessment list, based on the assessment method used to calculate the proposed assessment The proposed assessments to be levied are for the purpose of paying a portion the costs of replacing the existing North Temple Viaduct with an auto/light rail viaduct and related improvements within the Assessment Area. As required by law, three persons have been duly appointed to serve on the Board. The Board will meet in the first floor conference room at 349 South 200 East, Salt Lake City, Utah, on August 17, 2011, between the hours of 5:00 p.m. to 6:00 p.m.; on August 18. 2011. between the hours of 2:00 p.m. and 3:00 p.m.; and on August 19, 2011, between the hours of 12:00 p.m. (noon) and 1:00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments that the Board may deem unequitable or unjust. On each of the dates specified above, the proposed assessment list and plats and amounts of the proposed assessment against each parcel of property shall be open to DMWEST r8300732 v2 4 Board of Equalization Resolution public inspection continuously from 8:00 a.m. to 5:00 p.m. at the Office of the City Engineer of Salt Lake City, Utah, located at 349 South 200 East, Salt Lake City, Utah. Appeal from a decision of the Board of Equalization and Review may be taken to the City Council of the City by filing a written notice of appeal in the office of the City Recorder within fifteen (15) days from the date the Board's final report to the City Council is mailed to the affected property owners. By resolution of the City Council of Salt Lake City, Utah, this July 19, 2011. (SEAL) /s/ City Recorder Published one time in the Deseret News on July 20, 2011 D?.1WEST#3300732 v2 5 Board of Equalization Resolution Section 4. The City Recorder is hereby directed to enter the foregoing ` proceedings upon the records of the City, and to cause the notice set forth in Section 3 to be published (i) in one issue of the Deseret News, a newspaper published in the City and having general circulation therein, the publication to be at least twenty (20) and not more than thirty-five (35) days prior to the date on which the Board of Equalization and Review will begin hearings, and (ii) on the Utah Public Notice Website created in Utah Code, Section 63F-1-701 for at least 35 days immediately before the date on which the Board of Equalization and Review will begin hearings. A copy of the notice set forth in Section 3 above shall not later than ten (10) days after the first publication of such notice in the Deseret News, be mailed, postage prepaid, to each owner of land to be assessed within the Assessment Area at the last known address of such owner using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county wherein said affected property is located. In addition, a copy of such notice shall be addressed to "Owner" and shall be so mailed, addressed to the street number of each of the improved properties to be affected by the assessment. After due consideration of said resolution by the City Council, Councilmember moved and Councilmember seconded its adoption and the same was adopted by the following vote: AYE: Amos NAY: DMWEST#3300732 v2 6 Board of Equalization Resolution STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) I, , the duly appointed, qualified, and acting City Recorder of Salt Lake City, Utah, do hereby certify that the foregoing is a full, true, and correct copy of the minutes of a regular meeting of the City Council of Salt Lake City held in the City Council Chambers in Salt Lake City on Tuesday, July 19, 2011, at the hour of 7:00 p.m. as recorded in the regular official book of minutes as kept in my official office, that said proceedings were duly had and taken as therein shown, and that all the members were given due, legal, and timely notice of said meeting as therein shown. I further certify that I delivered to the Deseret News, a newspaper published in Salt Lake City and having general circulation therein, a notice of meetings of the Board of Equalization and Review for the Salt Lake City, Utah Special Assessment Area (North Temple Viaduct) No. 109014, for publication at least twenty (20) and not more than thirty-five (35) days prior to the date said Board will begin its hearings. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah. this July 19, 2011. (SEAL) Bv: City Recorder DMWEST#3300732 v2 9 Board of Equalization Resolution STATE OF UTAH ) : ss. MAILING CERTIFICATE COUNTY OF SALT LAKE ) I, , the duly appointed, qualified, and acting City Recorder of Salt Lake City, Utah, do hereby certify that I mailed a copy of the Notice of Meetings of the Board of Equalization and Review, postage prepaid, to each owner of property to be assessed within Salt Lake City, Utah Special Assessment Area (North Temple Viaduct) No. 109014, at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county in which the property is located, and, in addition, I mailed, postage prepaid, a copy of such Notice addressed to "Owner" at the street number of each piece of improved property to be assessed. Said Notices were mailed by me on July , 2011, that being not later than ten (10) days after the first publication of the Notice in the Deseret News as above certified. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah, this July , 2011. (SEAL) By: City Recorder DMWEST 4'8300732 v2 10 Board of Equalization Resolution CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW Aft* I, , the undersigned City Recorder of Salt Lake City, Utah (the "City"), do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the July 19, 2011, public meeting held by the City Council of the City as follows: (a) By causing a Notice, in the form attached hereto as Schedule A, to be posted at the City Council's principal offices at the City and County Building, Salt Lake City, Utah, on July 15, 2011, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; (b) By causing a copy of such Notice, in the form attached hereto as Schedule A, to be delivered to the Deseret News on July 15, 2011, at least twenty- four(24) hours prior to the convening of the meeting; and (c) By causing a copy of such Notice to be posted on the Utah Public Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the convening of the meeting. In addition, the Notice of 2011 Annual Meeting Schedule for the City Council AIN (attached hereto as Schedule B) specifying the date, time, and place of the regular meetings of the City Council to be held during the year. was given by causing said Notice to be (a) posted on , at the principal office of the City Council, (b) provided to at least one newspaper of general circulation within the Issuer on . and (c) published on the Utah Public Notice Website (http://pmn.utah.gov) during the current calendar year. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this July 19. 2011. (SEAL) By: City Recorder DMWES T#8300732 v2 12 Board of Equalization Resolution MEMORANDUM DATE: July 14,2011 TO: City Council Members FROM: Russell Weeks RE: Street Lighting Update CC: Cindy Gust-Jenson,David Everitt,Ed Rutan,Neil Lindberg,Jeff Niermeyer,Frank Gray,Tim Harpst, Gina Chamness,Dan Mule,Jennifer Bruno,Jim Lewis,Bianca Shreeve,Gordon Hoskins,Garth Limburg,Jan Aramaki,Quin Card,Lehua Weaver This memorandum is an update of Mayor Ralph Becker's Administration's efforts to establish a street lighting enterprise fund.If established,the enterprise fund would pay for capital improvements, maintenance,and operations of Salt Lake City's roughly 17,000 street and decorative lights.The City Council,at its 2011 retreat January 25,identified addressing street-lighting issues as one of the Council's priorities for 2011. When the City Council adopted the City budget for Fiscal Year 2011-2012 on June 14,it included allocations in the General Fund to maintain and operate the City's street lighting system under its current configuration until January I,2012.The Council also allocated$50,000 for a study to determine how best to maintain and operate street lighting in the future.The Administration also proposed a resolution supporting the study and creation of a street lighting enterprise fund as a companion piece to the street lighting allocations,but the Council has yet to formally consider the proposed resolution. Meantime,the Department of Public Utilities has selected Red Oak Consulting of Denver to study implementing a street lighting enterprise fund.The department expects to have a contract in place with the three companies by the July 19 City Council meeting.The department has targeted the December 6 City Council meeting to make a presentation to the Council about the study.The City Council will hold its last meeting of 2011 on December 13. ISSUES/POTENTIAL QUESTIONS FOR CONSIDERATION o The Administration indicated during discussion of the street lighting program as part of the City Council's budget review,that projected expenses for maintenance and repairs for street lighting between July 1,2011,and December 31,2011,would cost$720,602.That would leave$360,301 remaining in the main general fund allocation to lend to a street lighting enterprise fund on January 1,2012.If maintenance and repairs do not proceed as planned there may be more money available to lend to an enterprise fund.Conversely,if an enterprise fund is not created,the$1,080,904 allocated in the 2011-2012 budget is slightly more than the$1,075,000 appropriated directly for street lighting in Fiscal Year 2010-2011.However,the$1,080,904 is about$300,000 less than annual appropriations before Fiscal Year 2010-2011.' 1 o As indicated above,the adopted budget for Fiscal Year 2011-2012 anticipated an enterprise fund for street lighting to start January 1,2012.The study schedule does not appear to allow time for a City Council public hearing on the issue and time to allow for thoroughly informing the public about any City Council action pertaining to street lighting.Has an implementation date later than January 1,2012 been considered,or will a later date be considered? o Will the Administration examine whether any legal restrictions exist for charging for street lighting through an enterprise fund that do not exist with current approaches for charging for lighting? o Does the City Council wish to have information presented by the Administration on what impact to the General Fund would be if a decision were made to continue current approaches to funding street lighting?(Would maintaining the street lighting system within the General Fund result in a lowering of the level of lighting service the City provides,or require a tax increase to keep service levels where they are?) o The scope of services for the project includes forming a citizen committee of about 20 people.The committee is projected to include at least one homeowner from each of the seven City Council districts.Is there a method the City Council would prefer to have a homeowner selected to serve on the district?Two options would be to have each Council Member select someone,or to have the Administration appoint a homeowner with the advice and consent of the City Council.It should be noted that the first meeting involving the citizen committee is scheduled to be held in early August. o To what extent,if any,does the City Council wish to be involved during the study?To what extent,if any,does the Council wish Council staff to be involved in the study? o Is there an absolute necessity for the City Council to adopt a resolution supporting the study,or a resolution creating a street lighting enterprise fund?Support of the study may be implicit in the Council's allocation of funds for the study when the Council adopted the new fiscal year budget.The City Council could elect to receive the results of the study before formally expressing a position on implementing an enterprise fund for street lighting. o If an enterprise fund is created,would the Transportation Division remain responsible for managing the operation and maintenance of street lighting,or would that responsibility shift to another department or division? DISCUSSIONBACKGROUND Salt Lake City has spent varying amounts of money on the installation,operation and maintenance of street lighting. A 2008 study of street lighting in Salt Lake City estimated there were 17,178 street lights or decorative lights in the city.'Of that number: • 11,741 were owned by the City(here after referred to as 100 percent City program). • 2,588 lights were paid for by property owners who wanted additional lighting or decorative lights and were willing to be assessed for 100 percent of the cost of installing 2 lights,replacing them,and 75 percent of the operation and maintenance of the lights (hereafter referred to as the SAA program). • Another 2,849 decorative street lights were spread through 70 areas in the City under a program where property owners privately arranged to have lights installed on streets,and individuals where the lights were located agreed to pay electrical costs(hereafter referred to as private lighting).The City helped private lighting projects by providing one-time matching funds to pay obtaining and installing lights. As a historical practice,money the City has allocated in the general fund pays for the 11,741 lights owned by the City(100 percent City program)and 25 percent of operating and maintenance costs of lighting in 42 assessment districts citywide under the SAA program.According to the Administration in a March letter about the street lighting program,the City's"street lighting program has not been funded for capital replacement,and the current fiscal year budget is$400,000 lower than needed to light and maintain all existing lights."}It should be noted the quoted comment appears to be about the 100 percent City program and the City's 25 percent share of the SAA program.The recommended budget for Fiscal Year 2011-2012 acknowledged,as an accounting responsibility,about$1.8 million in funds for street lighting district?(SAA program).The key portions of the general fund allocations pertaining to street lighting are$1,080,904 in non-departmental expenditures for street lighting utilities and a$50,000 one- time allocation for"outside consultants to assist the Administration in determining the best means to implement the establishment of a Street Lighting Enterprise Fund."5 If a street lighting enterprise fund were established,a fee would be charged to residents, businesses,and a variety of other organizations and agencies that benefit from street lighting.The concept is similar to public utility fees for water and sewer.Salt Lake City's general fund would no longer support repairing or replacing street lights or paying for the electricity necessary to light them.The switch to an enterprise fund also would broaden the number of people,agencies and organizations who would pay for the benefit of street lights,according to the Administration.The enterprise fund,if created,would be managed by the Public Utilities Department. Under the proposal in the Recommended Budget,the$1,080,904 in non-departmental expenditures would be used to pay for the City's current street lighting program between July 1 and January 1,2012.Roughly a third, $360,000,was projected to be available after January 1 to lend to the new enterprise fund.The other$720,602 would be used to increase street lighting maintenance service between July 1 and January I,2012.If the service does not accelerate as the Administration plans,there would be more money available to lend to the enterprise fund.'If the enterprise fund were not established,the Administration would have roughly the same amount of money available for the street lighting program as in Fiscal Year 2010-2011,which ended June 30.Again,it should be noted that the Administration has said the program is inadequately funded.Moreover,the City Council in February identified street lighting as a priority to address in the 2011 calendar year.' STREET LIGHTING STUDY As noted earlier,the Department of Public Utilities has selected Red Oak Consulting of Denver to conduct a street lighting enterprise fund study.The company will work with two other companies to complete the study.One of the companies,Galena Consulting of Boise,was one of the consultants involved in the 2008 study, Study of Street Lighting Program and Funding Options.That study was the basis for the current issue before the City Council. The other company,Envision Engineering of Salt Lake City,worked with the City in 2006 on a street lighting design program.The Public Utilities Department expected to have negotiated a contract with Red Oak Consulting by July 19,and the consultants were scheduled to start work on July 25.The remainder of the schedule involved: 3 • Meeting four times with an appointed citizen group of about 20 people between August 15 and November 24. • Presenting study fmdings and options to the Public Utility Advisory Committee in November. • Presenting study findings and options to the City Council on December 6. The consultants are expected to: 1. Review and assess the current condition of the street lighting infrastructure. 2. Recommend how a street lighting enterprise fund should be structured. 3. Develop rate models that incorporate various approaches for billing the several property types throughout the City. 4. Develop strategies for incorporating special assessment areas and private lighting if appropriate, including taking into account previous capital investment participation in lighting by property owners. 5. Consider how to deal with existing special assessment areas and private lighting. 6. Provide brief comment on energy efficiency improvement options.Also recommend how to incorporate efficiency savings into rate models. 7. Define the benefits of implementing a program to replace all the older,non-energy efficient lighting head throughout the City with energy efficient heads. 8. Prepare a budget to create a self-sustaining enterprise fund starting January 1,2012. 9. Prepare projected expenses and needed revenues for at least two service level scenarios. 10.Develop a transitional budget for the 2011—2012 Fiscal Year. 11.Develop a detailed capital and operating budget for the FY 2012-2013. 12.Develop a 10 year budget FY 2012-2022. 13.Develop a capital improvement and replacement strategy. 14.Create strategies for transferring differently evolved systems,private(residential initiatives), Special Assessment Areas,various city lighting standards,into the enterprise fund. The requirements also appear to address most of the issues the City Council discussed at its March 1 initial discussion of street lighting as a priority for 2011.Outstanding questions that remain from the March 1 discussion appear to Council staff to be: • Can a single street light be replaced with an energy efficient light,or must lights be replaced in a series? • Is federal money from previous energy grants to the City or surplus from other funds,be spent on street light improvements or maintenance? • How would the City develop a system where people could pay to replace unrepaired street lights? • Do goals for preventing crime and curbing light pollution conflict? • How do decorative lights affect perceptions of neighborhood vitality? • Do decorative street lights affect property values? • How do street lights and decorative lights fall within the idea of"complete streets"for all modes of traffic? t Study of Street Lighting Program and Funding Options,January 14,2008,BBC Research&Consulting.Page 7. 2 Ibid.Page 7. Administration transmittal letter,March 18,2011,Page 1. 4 Fiscal Year 2011-2012 Mayor's Recommended Budget,Page E-59. 5 Ibid.Page B-9. s City Council staff memo,Salt Lake City Street Lighting Program and Funding,May 5,2011,Russell Weeks,Page 3. City Council staff paper,Street Lighting Priority:Initial Discussion,March 1,2011,Russell Weeks,attached. 4