03/08/2011 - Work Session - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
WORK SESSION
TUESDAY, MARCH 8, 2011
The City Council met in Work Session on Tuesday, March 8, 2011, at
4 : 00 p.m. in Room 326, Committee Room, City County Building, 451 South
State Street.
In Attendance: Council Members Carlton Christensen, Van Turner, Jill
Remington Love, JT Martin, Stan Penfold, Luke Garrott and Soren
Simonsen.
Also In Attendance : Cindy Gust-Jenson, Executive Council Director;
Mayor Ralph Becker; Jennifer Bruno, Council Deputy Director, Lynn
Pace, Deputy City Attorney; Russell Weeks, Council Policy Analyst;
Lehua Weaver, Council Policy Analyst/Constituent Liaison; Rick Graham,
Public Services Director; Frank Gray, Community and Economic
Development Director; Wilford Sommerkorn, Planning Director; David
Everitt, Mayor' s Chief of Staff; Emy Maloutas, Open Space Lands Program
Manager; LuAnn Clark, Housing and Neighborhood Development Director;
John Naser, City Engineer; Jeff Niermeyer, Public Utilities Director;
Alden Breinholt, Facility Services Director; Gina Chamness, Budget
Director; Helen Langan, Mayor' s Senior Advisor; David Hart, FAIA, Vice
President/Regional Manager of MOCA Systems; Cheri Coffey, Planning
Programs Manager; Elizabeth Reining, Principal Planner; Vicki Bennett,
Office of Sustainability and Environment Director; and Scott Crandall,
Deputy City Recorder.
Councilmember Love presided at and conducted the meeting.
The meeting was called to order at 5 : 08 p.m.
AGENDA ITEMS
#1. 5:08:39 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW
OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. View Attachments
See File M 11-5 for announcements .
#2 . 6:07:44PM HOLD A DISCUSSION WITH THE ADMINISTRATION REGARDING
OPTIONS FOR USE OF THE BARNES BANK BOND FUNDS TOWARD CITY-OWNED
BUILDING IMPROVEMENTS AND SPACE NEEDS FOR CITY OFFICES. (FOLLOW-UP TO
BUDGET AMENDMENT NO. 3 FISCAL YEAR 2010-11, ITEM A15 . ) View
Attachments
Alden Breinholt, Lehua Weaver, Frank Gray, LuAnn Clark and David
Hart briefed the Council with the attached handouts . Discussion was
held on identifying office space needs for employees and maintenance
needs for the City and County building. Council Members expressed
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
WORK SESSION
TUESDAY, MARCH 8, 2011
interest in receiving a prioritized list of maintenance needs with
associated costs covering the next 5-10 years .
Councilmember Love asked if Council Members wanted to request
that the Administration allocate funds for Plaza 349 and come back to
the Council with options regarding the best approach to address
building maintenance and office space needs . A majority of the
Council was in favor.
#3 . 7:22:36 PM RECEIVE A BRIEFING FROM THE ADMINISTRATION REGARDING
THE QUARTERLY RESPONSE TO THE COUNCIL'S ADOPTED INTERIM STUDY ITEMS
AND THE SEMIANNUAL RESPONSES TO THE COUNCIL' S ADOPTED LEGISLATIVE
INTENT STATEMENTS FOR FISCAL YEAR 2010-11. View Attachments
Gina Chamness, Jennifer Bruno, Lehua Weaver, Rick Graham, David
Everitt, Nancy Boskoff, Frank Gray and Jeff Niermeyer briefed the
Council with the attached handouts . Discussion was held on the
following categories :
INTERIM STUDY ITEMS:
Facilities charge on Mobile Ticket Sales. Councilmember Garrott
asked the Administration to continue reviewing the issue to identify a
way to accomplish this without impacting CIP funding. A majority of
the Council was in favor.
Golf Capital Improvement Projects (selling open space) . Mr.
Graham said he needed to meet with Council staff to indentify/address
Council Members specific concerns/questions before bringing this issue
back to the Council . Discussion was held on sustaining the program
long-term, zoning/development issues relating to long-term planning
and investigating long-term leasing options for on-going revenue .
Councilmember Love said staff would work with the Administration
and place the item on a future agenda for follow-up discussion.
Fleet Usage/Replacement: A majority of the Council was in favor
of addressing the issue during the upcoming budget process .
Transportation related Benefits and Transit Passes.
Councilmember Simonsen asked about ways to incentivize transit beyond
City employees . Ms . Gust-Jenson said that discussion would be
addressed as part of sustainability.
Special Events: Councilmember Simonsen expressed concerns about
losing events . Mr. Everitt said the proposed budget would contain a
11 - 2
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
WORK SESSION
TUESDAY, MARCH 8, 2011
request to continue the special events process and maintain the
sponsorship program.
No concerns were expressed about Ground Transportation,
Transaction Fees or Business License Fees.
NEWLY ADOPTED LEGISLATIVE INTENT STATEMENTS:
Streets Response Team time study: Councilmember Christensen
asked if any modifications were anticipated. Mr. Graham said a budget
request might be included to expand the role of the response team.
Economic Development (D) : Ms . Chamness said work was being done
with the financial advisor to develop economic tools which should be
completed in time for the upcoming budget process .
Arts Grants: Councilmember Christensen asked about the new
process . Ms . Boskoff said a website was being created to gather
information which would be available by the end of the year but some
demographic information was currently available. Mr. Everitt said no
program changes were being proposed in the budget .
Youth Program Fees: Ms . Chamness said the Administration was
still working on this issue.
Collections: Ms . Chamness said the Administration was still
discussing goals .
No concerns were expressed about Economic Development (E) , Data
Tracking/Collection, Public Utilities Engineer/One Stop Permit Counter
or PEC.
ONGOING LEGISLATIVE INTENT STATEMENTS:
2008 Statements : Councilmember Simonsen asked about master
plans . Mr. Gray said the budget proposal to the Mayor would include
costs to do various plans identified in the handout including staffing
needs . Councilmember Simonsen said there were some master plan issues
he wanted to see as part of the budget proposal .
Councilmember Love said the Council was anticipating the arrival
of the Landlord/Tenant fee structure ordinance.
2009 Statements : no concerns .
11 - 3
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
WORK SESSION
TUESDAY, MARCH 8, 2011
#4 . 6:01:08PM RECEIVE A BRIEFING REGARDING AN ORDINANCE TO REZONE
PROPERTIES LOCATED AT APPROXIMATELY 1374 AND 1380 SOUTH WEST TEMPLE
STREET FROM RESIDENTIAL BUSINESS (RB) TO RESIDENTIAL MIXED USE (R-MU) .
THIS WOULD ALLOW THE PROPERTY TO BE REDEVELOPED WITH A MIX OF USES
INCLUDING, BUT NOT LIMITED TO, A RESTAURANT, OFFICES AND RESIDENTIAL
UNITS. RELATED PROVISIONS OF TITLE 21A - ZONING MAY ALSO BE AMENDED AS
PART OF THIS PETITION. PETITIONER SATTAR TABRIZ, SNT ENTERPRISES,
PETITION NO. PLNPCM2010-00549 . View Attachments
Wilford Sommerkorn, Cheri Coffey and Elizabeth Reining briefed
the Council with a PowerPoint Presentation and the attached handouts .
Councilmember Simonsen said he wanted to explore density changes and
rezoning some areas back to single family. Ms . Coffey said those
issues needed to be addressed through a different application.
Councilmember Love said the proposal would be forwarded to a public
hearing.
#5. 5:26:09 PM RECEIVE A BRIEFING ON AN ORDINANCE RELATING TO THE
PROPOSED PUBLIC SAFETY BUILDING. THE ORDINANCE REZONES A PORTION OF
THE LAND GENERALLY BOUNDED BY 400 AND 500 SOUTH AND 300 AND 400 EAST,
FROM TRANSIT CORRIDOR (TC-75) , RESIDENTIAL MIXED-USE (R-MU) , AND
RESIDENTIAL/OFFICE (RO) TO TRANSIT CORRIDOR (TC-75) AND PUBLIC LANDS
(PL-2) . THE ORDINANCE ALSO AMENDS THE TEXT OF THE ZONING ORDINANCE
PERTAINING TO COMMUNICATION TOWERS IN THE PUBLIC LANDS ZONING
DISTRICTS. (ITEM H1) View Attachments
Frank Gray, Casey Stewart, Joel Paterson, Wilford Sommerkorn,
Jennifer Bruno and David Hart briefed the Council with a PowerPoint
Presentation and the attached handouts . Discussion was held on the
Council' s participation/input in the process and design elements
including tower location/height/visual impacts .
Councilmember Penfold said he wanted more restrictive language
that gave the Council the ability to review where towers could be
located. Mr. Gray suggested adding the following language to the
proposed ordinance: "public safety facilities as approved by the City
Council" . Ms . Bruno said to be the most restrictive the Council could
include the language proposed by Mr. Gray and have the proposal apply
only to PL-2 zones . She said then requests would naturally come back
to the Council anytime a facility needed to be rezoned. Councilmember
Penfold said he was comfortable with that .
Councilmember Love said the issue would be scheduled for a public
hearing.
11 - 4
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
WORK SESSION
TUESDAY, MARCH 8, 2011
#6. 8:13:15PM RECEIVE A BRIEFING REGARDING A RESOLUTION AUTHORIZING
THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE
CITY CORPORATION AND THE UTAH DEPARTMENT OF TRANSPORTATION (SIDEWALK
CONSTRUCTION BETWEEN UDOT AND SLC CORPORATION REGARDING SR171 (3300
SOUTH) , 1100 EAST TO 1200 EAST, NORTH SIDE) . View Attachments
Jennifer Bruno and John Naser briefed the Council with the
attached handouts . Councilmember Christensen suggested putting up a
sign during construction containing some type of special language.
Mr. Naser asked the Council to let him know what language they wanted.
Councilmember Love said the proposal would be forwarded to a formal
meeting for consideration/adoption.
#7 . 8:16:10PM RECEIVE A BRIEFING REGARDING A RESOLUTION AUTHORIZING
THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE
CITY CORPORATION AND THE UTAH DEPARTMENT OF TRANSPORTATION (SIDEWALK
CONSTRUCTION BETWEEN UDOT AND SLC CORPORATION REGARDING SR-68 (REDWOOD
ROAD) , NORTH OF 400 SOUTH, EAST SIDE) . View Attachments
Jennifer Bruno and John Naser briefed the Council with the
attached handouts . Councilmember Love said the proposal would be
forwarded to a formal meeting for consideration/adoption.
#8. 8:17:05PM RECEIVE A BRIEFING REGARDING A RESOLUTION AUTHORIZING
THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE
COUNTY, UTAH AND SALT LAKE CITY CORPORATION AND RATIFYING ACTIONS
PREVIOUSLY TAKEN. View Attachments
Rick Graham, Emy Maloutas and Jennifer Bruno briefed the Council
with the attached handouts . Ms . Bruno said the item could be placed
on the March 22, 2011 formal agenda. A majority of the Council was in
favor.
#9. 8:28:30 PM DISCUSS PRIORITIES FOR 2011 AS A FOLLOW-UP TO THE
COUNCIL' S RETREAT. DISCUSSION COULD INCLUDE ONE OR MORE OF THE
FOLLOWING: View Attachments
Cindy Gust-Jenson, Jeff Niermeyer, Russell Weeks and Vicki
Bennett briefed the Council with the attached handouts .
• Sustainability
• Maximizing City Resources
• City' s Benefits Plan deficit and future planning
• Council Communication Efforts and Public Engagement
• Historic Preservation
• Street Lighting - Policy and Funding
11 - 5
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
WORK SESSION
TUESDAY, MARCH 8, 2011
Sustainability was the only issue addressed. Discussion was held
on the following sustainability categories :
Electric Vehicle Charging: Discussion included parking issues,
car/van pooling, alternative transportation modes and working with the
Transportation Advisory Board (TAB) . Mr. Weeks said he would provide
TAB with written details regarding the Council' s discussion.
Recycling Expansion and Incentives: Discussion included
sustainability ordinance/amendments, carbon footprint, program
expansion, organic waste options and the waste audit.
Councilmember Love asked if Council Members wanted staff to
proceed with the action steps listed in the handout for this issue. A
majority of the Council was in favor.
Riparian Corridor Restoration and Projects. Ms . Gust-Jenson
asked if the Council wanted to schedule follow-up briefings on
riparian corridor studies and then consider appropriate ordinances or
funding mechanisms . A majority of the Council was in favor. Mr.
Niermeyer said their upcoming budget proposal would include a
stormwater fee that would go toward riparian projects . He said there
was also interest in funding a formal Jordan River Riparian Corridor
study.
Gray Water Usage/Secondary Water: Mr. Niermeyer said the main
objective was for the City to determine what goals it wanted to
achieve.
Other Sustainability Projects: Ms . Gust-Jenson asked if Council
Members had issues listed in the handout they wanted staff to
specifically focus on. Councilmember Christensen said air quality.
Ms . Bennett said the Administration welcomed the Council' s input on
sustainability issues . Councilmember Love asked Council Members to
let staff know if additional issues needed to be added the list . She
said hearing dates would be scheduled at a future meeting.
#10. 5:12:42 PM RECEIVE A BRIEFING REGARDING THE LIST OF LEGISLATIVE
ISSUES FOR THE 2011 STATE LEGISLATIVE SESSION.
Lynn Pace and Helen Langan briefed the Council on the following
issues : historic districts moratorium, immigration, billboards,
Government Records Access and Management Act (GRAMA) , Justice Courts,
construction management - design build authorization, gas tax
increase, election schedule for absentee ballots, Redevelopment
11 - 6
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
WORK SESSION
TUESDAY, MARCH 8, 2011
Agencies and Rio Grande Depot. Mr. Pace said he would come back to
the Council with a final report.
#11. CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING
WITH UTAH CODE § 52-4-204, FOR ANY OF THE FOLLOWING PURPOSES:
a) A STRATEGY SESSION TO DISCUSS COLLECTIVE BARGAINING PURSUANT
TO UTAH CODE § 52-4-205 (1) (b) ;
b) A STRATEGY SESSION TO DISCUSS THE PURCHASE, EXCHANGE OR LEASE
OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES)
WHEN PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL
OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE
CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS
PURSUANT TO UTAH CODE § 52-4-205 (1) (d) ;
c) A STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT
LITIGATION PURSUANT TO UTAH CODE § 52-4-205 (1) (c) ;
d) A STRATEGY SESSION TO DISCUSS THE SALE OF REAL PROPERTY
(INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) IF (1) PUBLIC
DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR
ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE
CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS, (2)
THE CITY PREVIOUSLY GAVE NOTICE THAT THE PROPERTY WOULD BE OFFERED FOR
SALE, AND (3) THE TERMS OF THE SALE ARE PUBLICLY DISCLOSED BEFORE THE
CITY APPROVES THE SALE; AND
e) FOR ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED PURSUANT TO
UTAH CODE § 78B-1-137 .
Item was not held.
The meeting adjourned at 9 : 06 p.m.
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This document along with the digital recording constitute the
official minutes of the City Council Work Session meeting held March
8, 2011 .
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11 - 7
SALT LAKE CITY COUNCIL STAFF REPORT
DATE: March 8,2011
SUBJECT: Barnes Bank Bond funding for Building Remodels&Improvements
(Follow-up from Budget Amendment No.3)
STAFF REPORT BY: Lehua Weaver
CC: David Everitt,Gina Chamness,Gordon Hoskins,Frank Gray,LuAnn
Clark,John Naser,Rick Graham,Alden Breinholt,Kay Christensen,
During Budget Amendment No.3 the Administration requested that the proceeds from the
Barnes Bank Bond be allocated toward building remodeling projects in Plaza 349 and the
City&County Building. The amount available is$4.7 million in bond money,plus$37,381
in interest earned since the bond issuance.(Totaling$4,737,381)
The Administration has a proposal for the use of funds,but the Council requested a more
complete discussion to explore the project options.
To close out the open budget amendment itein,the money was allocated to an account
reserved for"to-be-determined"City buiilding>emodefing projects.
Council Process:
January/ February 2011:the Council received briefings on Budget Amendment No.3 and
briefly discussed this item.During the discussion,the Council elected to defer this
item to a later date for a more complete discussion.
February 15,2011:Budget Amendment No.3 Public Hearing
March 1,2011:Council vote on Budget Amendment No.3
March 2011:It is anticipated that this more complete discussion between the Council and
Administration will take place on at least one Work Session on March 8,and any
follow-up briefings will be scheduled as needed. Once the Council and
Administration agree on the remodeling projects,no further budget steps are
necessary,because the Council already allocated the funds to a restricted account.
Key Points:
Several years ago when the Council and Administration decided to purchase the Barnes
Bank Building at the corner of 400 South and 300 East,a bond was issued to cover the
purchase of the building and the estimated necessary upgrades for occupancy.The City will
no longer pursue use of the Barnes Bank Building due to higher than expected costs for
renovations,potential for redevelopment of the property in transit-oriented/housing
development,and due to current designs and vision for the neighboring Public Safety
Building.
The City would not be allowed to keep bond proceed invested in the Barnes Bank building if
the property were to eventually have a private development/housing component.According
to bond counsel, use of the bond money is allowed toward other needed City-owned building
improvements and remodeling.
The Administration has provided a proposal for use of the money. Facilities Services and the
Engineering Division compiled a list of all potential projects and estimated costs totaling
$13,561,816. The Mayor has provided a recommendation on projects, totaling $5,621,682, as
follows:
• $3,473,000 To be spent at Plaza 349 on:
o spatial reconfigurations of floors 1, 4, and 6
o upgrades to the mechanical, electrical and plumbing systems throughout
the entire Plaza 349 building
• $2,148,682 To be spent at the City & County Building on:
o remodeling of the north end of the 5th floor,
o new office space would accommodate approximately 44 employees.
• TOTAL of $5,621,682
o This is $884,301 over the available bond and interest money.
o The Administration intends to include the rest in a CIP application.
The Council may wish to note that the Administration's proposed projects would
require additional funding from CIP in the amount of$884,301.
Some projects that were on the Administration's initial list, but were not recommended by
the Administration include:
• Repair and maintenance of the stone on the outside of the City & County building, 3
estimated at $1.6 million.
• Various HVAC system improvements i estimated at over $2.7 million.
• Replacement and upgrades of the subflaor, carpet, and electrical on all five floors of
the City & County Building, estimated at'over $2.8 million.
The Council could elect to fund any combination of these projects or others, given the
available funding.
It should be noted that when the City & County Building was renovated, a survey of all
elements was conducted. This included several categories to inventory interior and exterior
systems and architectural components. The survey provided a point of reference for the
condition of the building and identified maintenance needs to prevent the building falling into
disrepair or deterioration. Some of the categories include inspection schedules, and some
include standards to determine the level of maintenance. These ratings include: Level 1
Urgent; Level 2 Essential; Level 3 Necessary; Level 4 Desirable; Level 5 Monitor; and Level 6
Acceptable. (Information based on the "Operations & Maintenance Manual" for the City &
County Building: page 45 of Volume I; page 1 of Volume II; Appendix A4 of Volume IIB; and
page 1 of Volume VII.) The Council may wish to ask whether these ratings are
applicable to the exterior stone work, and if so, how would it be categorized by the
Administration. The manual calls for particular procedures every four years and other
every 10 years. The guidelines were developed about 21 years ago.
The Council may wish to weigh the options between building out additional office
space or maintaining existing office and building needs.
Additional Questions for Consideration:
• The Council may wish to ask the Administration to explain what the restrictions are 1111
on the use of the bond funds.
• The Council may wish to ask whether a comprehensive space needs audit has been
completed.
• The Council may wish to ask what the plans are for the additional office space—in
each Plaza 349 and the C&C 5th Floor.Specifically,the Council may wish to ask how
the recommended projects will facilitate the One Stop shop,including customer
access,and the parking issues previously identified as a problem for customers.
• The Council may wish to ask whether further delay in the treatment of the City&
County building stone will create a greater cost or accelerated deterioration in the
future.
• The Council may wish to ask if any'of the projects on the list(recommended or not)
are on the 10-year CIP Plan.
• The Council may also wish to ask whether there are projects on the CIP 10-year plan
that could be considered.
• The Council may wish to have the Administration return with a full briefing on the
potential future uses and/or development of the Barnes Bank Building site.
A
•
Initiative Name:
Barnes Bank Bond Budget Adjustment-CIP
Initiative Number:
BA#3 FY2011 Initiative#A-15
New Item
Initiative Discussion:
The Administration is requesting a change in the use of the unexpended sales tax revenue bond
proceeds used for the purchase of the Barnes Bank Building as the project has been redefined. The
unexpended proceeds from the Barnes Bank bond is $4,700,000. As per the January 2009
Resolution, the bonds may be used for the cost of acquisition, improvement and remodeling of a
building for use as City offices. The cost of renovation for the Barnes Bank building, $8,043,716,
exceeded budgets and to accommodate design components of the Public Safety Building, such as
parking requirements,the Administration proposes the funds should be used in the improvement and
remodeling of current City office space in Plaza 349 and City and County Building. In addition,it is the
desire of the Adminstration to bring to market a mixed-use,transit-oriented development on the north
side of the Public Safety Building project along 400 South. This project will serve as the catalyst to a
renaissance of the 400 South corridor and will set the standard for future development of the area.
Considering the change of use of unexpended bond proceeds,the Administration requested proposals
for a variety of building improvement projects from Facilities Services and Engineering (see
Attachments A, B,and C)for both Plaza 349 and the City and County Building. After careful review,
the Administration requests that the funding be used as follows: $3,473,000 for spatial
reconfigurations of floors 1,4, and 6 and upgrades to mechanical,electrical,and plumbing(including
accessible restrooms)to floors 1 through 6 of Plaza 349;$2,148,682 for the remodel of 5,600 square
feet of the north end of the 5th Floor in the City and County Building for new office space and office
furnishings thus creating space for 44 employees. Facilities Services estimates that it will cost
approximately$11,516 a year to maintain the new space.
The bond proceeds have generated interest as of December 23, 2010 in the amount of$37,381 of
which $19,559 has been budgeted in prior budget openings in the CIP cost center. That leaves an
additional$17,822 that needs to be budgeted.
Initiative#A-15
•
The Administration recognizes that the sum of these items creates a shortfall of approximately
$884,301; however, the difference will be submitted as an application request as part of the
2011/2012 CIP process.
ill
CIO
Initiative#A-15
0
1 I I
Barnes Bank Bond Budget Adjustment•
CIP
Initiative Name
BA#3 FY2011 Initiative#A-15 2010-11
Initiative Number r I Fiscal Year
CED-H.A.N.D. New Item
I Department I Type of Initiative
LuAnn Clark/Mike Akerlow 535-6136/535-7966
Prepared By Telephone Contact
(Negative) Positive
General Fund-Fund Balance-
Impact
Revenue Impact By Fund: Fiscal Year Annual
Impact Amount Impact Amount
General Fund
Total $0 $0
Internal Service Fund
Total $0 $0
Enterprise Fund
Total $0 $0
Other Fund
CIP-Interest Income $ 17,822.00
Total $ 17,822.00 $0
Staffing Impact:
Requested Number of 0
FTE's:
Position Title:
Initiative#A-15-a
•
-Accounting Detail Grant#and CFDA#If Applicable: NA
-Revenue: -
Cost Center Number Object Code Number Amount
83-09071 1830 $ 17,822.00
-Expenditure: -
Cost Center Number Object Code Number Amount
83 09071 2700 $ (4,737,381.00)
83-New 349 Plaza Remodel 2700 $ 3,473,000.00
83-New C&C Bldg Remodel 2700 $ 1,264,381.00
•
-Additional Accounting Details:
-Grant Information:
Grant funds employee positions?I
NA
Is there a potential for grant to continue? NA
If grant is funding a position is it expected the position will
be eliminated at the end of the grant? NA
Will grant program be complete in grant funding time frame? NA
Will grant impact the community once the grant funds are
eliminated? NA
1 Does grant duplicate services provided by private or
Non-profit sector? NA
0
Initiative#A-15-b
Attachment A: Revenue Bond Proceeds Projects
Location Project Project Type I Estimated Total Mayor's
Project Costs I Recommendation
Floors 1,4,and 6 spatial reconfiguration for additional employees
Plaza 349 and upgrades to mechanical,electrical,and plumbing(including Remodel $3,473,000 $3,473,000
accessible bathrooms)to floors 1-6
Plaza 349 Floors 2,3,5 spatial reconfigurations Remodel $1,860,000
Remodel of approximately 5,600 square feet in the north end of the
City&County 5th floor to increase office space.The remodel would provide
structural members and flooring to hold the weight for office space, Remodel $2,148,682 $2,148,682
Building
furniture,and files for up to 44 employees in addition to electrical,
HVAC,space floor walls and ceiling finishes.
Remodel of approximately 2,772 square feet in the the south end of
the 5th floor to be used as either a maintenance work area or
City&County additional file storage space for City Attorneys.The project would Remodel $739,449
Building include structural members and flooring,HVAC and electrical,floor,
walls and ceiling finishes.A secondary hallway would have to be
constructed for egress requirements.
City&County Window frames scraped to remove existing paint,repair woodwork
Building and repaint to restore Painting $158,100
City&County Building,Stone Upkeep/Replacement:During the
City&County restoration of the building in 1986-1989,approximately 30%of the
Bldg stone was treated with a stone strengthener to slow the Building Shell $1,600,000 •
deterioration of the exterior sandstone.Because the sandstone is
weathering,ongoing replacement of stones will be required.
City&County Fan Coil Unit Replacement 1st Floor South Half Energy/HVAC
Building P BY/ $170,292
City&County
Design and Construction of New Base Isolator System Structural $1,000,000
Building
City&County Fan Coil Unit Replacement 3rd Floor South Half Energy/HVAC $194,620
Building
City&County
3rd&5th Floor Carpet,Access Flooring and Electrical Replacement Flooring $748,907
Building
City&County III
Fan Coil Unit Replacement 1st Floor North Half Energy/HVAC $137,176
Building
.H I_ V . . I
City&County Fan Coil Unit Replacement 3rd FloorNorth Half Ener /H AC $182,456
Building p gy
City&County
2nd Floor,Carpet,Access Flooring and Electrical Replacement Flooring $561,681
Building
City&County Fan Coil Unit Replacement 4th Floor North Half Energy/HVAC $170,292
Building •
City&County
4th Floor Carpet,Access Flooring and Electrical Replacement Flooring $748,907
Building
City&County
Buildin Fan Coil Unit Replacement 2nd Floor North Half Energy/HVAC $158,129
g
City&County
Fan Coil Unit Replacement 4th Floor South Half Energy/HVAC $170,292
Building
• City&County
1st Floor Carpet,Access Flooring and Electrical Replacement Energy/HVAC ! $748,907
Building
City&County Fan Coil Unit Replacement 2nd Floor South Half • Energy/HVAC $137,176
Building
City&County j
Fan Coil Unit Replacement 5th Floor Energy/HVAC t $206,784
Building
City and County
Bldg Replace Main Air-handlers on each floor Energy/HVAC $1,220,000
. - .
•
City and County
Bldg Washington Square Event Power Distribution Electrical $499,966
Total of All Projects $13,561,816 •
. - _ . Total of
Recommended $5,621,682
Projectsi
Barnes Bank Bondi
Unexpended $4,737,381
Proceeds
•
2011/2012 CIP
Application Request $884,301
Attachment B Plaza 349 Estimates •
Design West / Architects
Preliminary Cost Estimate
First Floor 10,500 sf @ $85.00 /sf = $ 892,500.00
Fourth Floor 11,900 sf @ $85.00 /sf = $ 1,011,500.00
Sith Floor 11,400 sf @ $85.00 /sf = $ 969,000.00
Cost Estimate $ 2,873,000.00
*** Please note that other levels in the building will require both plumbing and electrical
modifications to bring the building into compliance with current building codes as described
in the feasibility study. Cost associated with these changes are estimated to be $600,000.00
bring the total cost estimate for the project to $3,473,000.00
Total propsed construction cost estimate - $3,473,000.00
Attachment C
City and County Building Fifth Floor-North
Project Summary and Cost Information
The following are the costs assembled to provide for the remodel that would allow for the use of
unconditioned and unfinished space located on the fifth floor north end of the City and County
building. Currently the north area space consists of about 5,600 square feet and currently it is in use as
Building Maintenance work area and storage space.
This project would provide for the structural members and flooring to hold the weight for office space,
furniture,files and up to a projected maximum of 44 employees. In addition this project would
provide for needed HVAC and electrical,and space floor walls and ceiling finishes. A secondary hallway
would also need to be constructed on the west side of the space to allow for a fire exit from the space.
Fifth Floor-North Cost Summary Information-12/7/2010
Cost Summary Total Project Amount
Construction-(CCC cost estimate plus 3%inflation) $ 1,440,338.00
Engineering fees 1.85% $ 26,647.00
Design fees 14% $ 201,647.00
Construction inspection and administration 5% $ 72,016.00
Contingency 10% $ 144,034.00
Total Costs $ 1,884,682.00
Office Furnishings $ 264,000.00
Increase in On Going Maintenance Costs $ 11,516.00
RECEIVED
psi .� .., •.'', �
RECEIVED
`T,�} �i �I SLC COUNCIL OFFICE
RALPH BECKER �/��Ibli I(f�N�v`.e'lV. J��./.�i".��� 1 FEB 0 1 2011
MAYOR 1'�W�
OFFICE OF THE MAYOR
Salt Lake City Mayor
CITY COUNCIL TRANSMITTAL
/ Date Received: 02/011221 1
Day' Everitt, C ief of Staff Date sent to Council: t
TO: Salt Lake City Council DATE: February 1, 2011
Jill Remington Love, Chair
FROM: David Everitt, Chief of Staff
Office of the Mayor
SUBJECT: Quarterly Report on Interim Study Items and Semiannual Report on
Legislative Intents
STAFF CONTACT: Kay Christensen
Office of Policy and Budget
(801)535-7677
DOCUMENT TYPE: Legislative Intent Statements
BACKGROUND/DISCUSSION:
The Administration is forwarding to the City Council the quarterly response to the City
Council's Adopted Interim Study Items and the semiannual response to the City
Council's Adopted Legislative Intent Statements for Fiscal Year 2010-11. The
transmittal also includes the Administration's response to open Interim Study Items and
Legislative Intent Statements from previous years.
This response is due to the Council at the end of January 2011.
The Administration welcomes further discussion on any of the responses offered in this
transmittal.
451 SOUTH STATE STREET,ROOM 306
P.O.BOX 145474,SALT LAKE CITY,UTAH 84114-5474
TELEPHONE:801-535-7704 FAX:801-535-6331
www.slcgov.com
m
Salt Lake City Council Fiscal Year 2010-11 Legislative Intent Statements and
Interim Study Items
FY 2010-11 Interim Study Items
A. Golf Capital Improvement Projects — further discussion of policies related to use Dr
sale of open space to meet Capital Improvement funding needs. The Administration may
wish to forward a proposal or options to consider in advance of a Council discussion on
the policy issue.
Administration Response-The Public Services Department Director and the Golf
Division Manager met with the City Council in September 2010 to discuss the general
concept of selling golf property. Five parcels were submitted for discussion, including 11)
acres at Bonneville, 13.65 acres and .89 at Glendale, and 17.5 and 3 acres at Rose Park.
The majority of the City Council was of the opinion that they would consider the sale of
such open space under certain conditions. Those conditions were not determined at this
meeting. At that same time, it was suggested that Golfs situation could be used as a
case study to help develop a policy for open space sales. City administration plans to
forward a proposal in the near future.
B. Transportation Related Benefits &Transit Passes— study ways to encourage
employees to use transit passes including analysis of transportation options, parking
options, and proposal of changes with the policy goal of encouraging the use of public
transportation.
Administration Response- The Sustainability Division of Public Services will perform
further study and analysis of options the City may employ to promote the use of public
transit and other alternative transportation means, in addition to the analysis of th e
transportation benefits program previously provided to the Council. Policy and Budget
will assist in this analysis. Areas of study may include, but not be limited to, sharing the
cost of parking with employees, further incentivizing the use of public transit and
incentivizing the use of alternatives such as biking or carpooling. An update of the costs
associated with the existing parking and transit pass program will also be included in the
analysis.
Ongoing Interim Study Items
1. Facilities charge on Spring Mobile Ticket sales
Administration Response-As the Administration reported previously, Utah Code
Section 10-1-203(5)(a)(i)(B) permits a municipality to levy a license fee or tax to raise
revenue "on a public assembly or other related facility in an amount that is no less than
or equal to $5 per ticket purchased from the public assembly or other related facility".
A"public assembly or other related facility" is defined in Section 10-1-203(5)(b)(iii) as
one that is: (1) wholly or partially funded by public monies; (2) operated by a business;
and (3) requires a person to buy a ticket to attend an event.
t
If the City were to adopt a tax under this section, the tax would have to apply to all
facilities falling under the definition. The City could not single out one such facility to
be taxed and not tax any of the other facilities covered by the definition.
Whether a particular facility is covered by the definition depends on the precise facts.
Each of the three elements of the definition would have to be met. For example, the
facility must be operated by a "business". If the facility is operated by a not for profit
entity, the City Attorney's office does not believe it would be covered by the definition.
Facilities such as Spring Mobile Ballpark and the Energy Solutions Arena would
potentially be covered depending on the facts.
Adoption of such a tax by the City could have an impact on contracts that the City
might have with such an entity if covered by the tax. Further analysis of any such
contracts would be necessary.
2. Fleet Usage/Replacement
Administration Response-Final audit findings and the Administration's response has
been transmitted to the City Council. A briefing with the Council is anticipated in
February 2011.
3. Special Events—"grant" program criteria and administration —the Council is requesting „
a report on how the first rounds of grants and sponsorships went and a report on
revenue collections in 2010-11.
Administration Response-As of 12/31/2010, the amount collected this fiscal year
was $42,800. We anticipate additional revenue this fiscal year as we enter event
season.
In February 2010, a letter was sent to local event organizers inviting them to send in
sponsorship proposals to the City requesting sponsorship amounts of between $10,000
and $25,000. They were informed that considerations for sponsorship would be made
based on the following criteria: 1) public and community benefit; 2) economic impact;
3) cultural and civic contribution; 4) relationship to Salt Lake City's mission and goals;
5) financial position and need.
A March 1st deadline was given for submissions and we received 22 sponsorship
proposals (plus one more that came over a week late). A small group consisting of
David Everitt, Bianca Shreeve, Bob Farrington and Tyler Curtis read and considered
each proposal and created recommendations for Mayor Becker's consideration. After
Mayor Becker's review of the proposals, and a brief review of the designated amounts
by Council members, we asked the event organizers to resubmit proposals based on
the new dollar amounts allocated to them. Instead of the proposed amounts, it was
decided to offer a few $15,000 sponsorships and then a number of smaller, $1,500 to
$2,500 sponsorships.
2
We worked with each of the 11 events to coordinate the agreed upon sponsorship
elements (logos on print materials, booths at events, "green" initiatives at events, etc.)
and distributed checks in spring/early summer of 2010. The allocation of the $75,000
was as follows:
$15,000 sponsorships:
Salt Lake International Jazz Festival
Downtown Alliance's Farmers Market
Utah Pride Festival
Utah Arts Festival
$2,500 sponsorships:
Unified Bouldering Championships
People's Market
Days of'47 Youth Festival
Native American Celebration
$2,000 sponsorships:
Brazilian Festival
$1,500 sponsorships:
Living Traditions (SLC Arts Council)Earth Fest (Gallivan Center)
The sponsorships were successful and the program will function in 2010-2011 as it did
In FY 2009-2010.
4. Ground Transportation — additional enforcement, fees evaluation, ordinance updates,
RFP
Administration Response-The Department of Airports assumed responsibility for City
wide ground transportation operations in August of 2010. Since that time staff has
worked with the Council providing recommended revisions of ordinance, which has
resulted in the Council adopting the revisions to City Ordinance 5.71, 5.72 and 16.60,
which were signed into law by Mayor Becker on December 3rd, 2010. These revisions
among other things allow the City, through the Department of Airports to move forward
with an RFP for taxicab services for both the Airport and City. This RFP is in the final
stages of draft and is expected to be announced early February, with award expected in
July of this year.
The Department of Airports has revised procedures within the program that have
resulted in greater efficiencies and have put in place procedures and policies to
safeguard the transaction of funds and fees. With the changes to ordinance, the ground
transportation staff is working with the department's financial division to re-evaluate
fees at this time so as to capture all related expenses. These fees will be set forth in a
published schedule and a description of the method used in determining the fees will be
included in the department's rules and regulations which will be posted for public
comment previous to adoption in the very near future. Lastly, the ground transportation
staff is working with the industry to educate the service providers regarding the new
ordinance changes and actively enforcing the provisions of the ordinance.
3
5. Transaction Fees— Encourage environmentally-friendly payment r w.
options for City-related transactions.
Administration Response- There are no new developments to report. Over the next
3 months, a working group will be formed to explore ideas and encourage these
payment options.
6. Business License Fees —— Research business license fees in order to
develop a methodology that is equitable for both large and small businesses.
Administration Response-Business Licensing has just completed the conversion to
Accela, and will be conducting this analysis over the next several months in preparation
for the Mayor's Recommended Budget.
FY 2010-11 Legislative Intent Statements
Newly Adopted Legislative Intent Statements
A. Public Utilities Engineer stationed at One Stop Permit Counter
Administration Response-On September 13, 2010 the Department of Public Utilities
hired an Engineer IV to assist at the one stop permit counter. This new position along
with three existing Public Utilities engineering positions rotates at the permit counter on
a daily basis.
B. Streets Response Team time study—It is the intent of the Council that the
Administration conduct a time study or develop a tracking approach over the course of
a year on the Streets Response Team's duties and efforts, especially attributable to
other Enterprise Funds.
Administration Response-For the current fiscal year, the Streets Division has
complete records of services provided by the Streets Response Team (SRT). To support
this recordkeeping, the Division has implemented a new software system designed with
IMS. The system allows the Division to record costs for personnel, materials, and
equipment usage and provides reports that track General Fund expenses and will
facilitate billings to non-General Fund entities. Year-to-date costs for the services have
been reported to the Department's Finance Division and will be billed. Entities to be
billed include the Public Utilities Department.
The broad categories of services provided by the SRT as per the Group Summary Report
below total $109,935 for the first seven months of the fiscal year and are as follows:
restocking of the street-crossing orange flags, closing and locking gates in City parks,
responding to "trouble calls" (emergency response for a variety of services), missed
garbage or yard-waste cans (when citizens claim that their cans were placed timely on
the curb but City trucks missed them), emergency barricading, bike lane sweeping,
requested sweeping, tree trimming, pothole/road repair, sign installation or
replacement, other can pick-ups for special events and circumstances, snow plowing and
ice control, snow watch, and flag making/ construction.
4
The following is a summary of services and costs for the time period of July 2010
through January 2011, condensed from a detailed report which can be made available to
the City Council if requested:
Group: Streets Response Team
Group Summary Report - by Activities
From 7/1/10 through 1/31/11
Report Date 2/1/11
Costs for Material, Personnel, Equipment
Activity Cost
Flags 4,982.15
Gates 26,864.31
Customer Service 11,050.30
Trouble Calls 13,155.93
Sanitation Can Pick-up 1,202.26
Barricading 5,517.52
Bike Lane Sweeping 23,297.87
Request Sweeping 467.56
Tree Trimming 461.88
Pothole / Road Repair 38.25
Install or Replace Sign 41.04
Charity Can Pickup 1,711.03
Farmers Market Can Pickup 1,394.51
City &County / Special Events 1,296.46
Plowing / Ice Control 8,059.30
Snow Watch 3,997.16
Vehicle / Equipment Maintenance 3,257.50
5
Flag Making 3,005.37
Training 134.89
Total 109,935.29
Two billable entities / "accounts" included in
above:
Sanitation for Can Pickup 1,202.26
Public Utilities for various 960.09
Total of these two accounts 2,162.35
C. Data Tracking &Collection — It is the intent of the Council that the Administration
collect more detailed accounting data, particularly with regard to expenditures relating
to Public Services function including parks maintenance, youth programs, support to
enterprise funds, etc.
Administration Response-The Public Services Department continues in its efforts to
separate and detail its costs as completely as possible. New cost centers have been
established to further break out costs, including those of payroll. The Department is
working on ways to read and monitor water flow to a greater degree. Other utilities are
also being split out in more detail between programs, locations, etc. The Department
has taken measures to improve employee cost breakout, including making sure that the
correct cost center is used with requests for hire. These are all improvements to prior
practices. Beginning in July 2010, Public Services has information for billing the
enterprise funds for services provided by its Streets Response Team. Year-to-date costs
for the services have been reported to the Department's Finance Division and will be
billed. Entities to be billed include the Public Utilities Department. (Also see legislative
intent B for the Streets Response Team.) With regard to youth programs, the
Department is providing information to the City's Finance Department and a study is
being conducted (see legislative intent H for youth programs).
D. Economic Development— It is the intent of the Council that the Administration
prepare criteria and options for the Council's consideration and approval for economic
development tools before any additional offers are extended.
Administration Response-Salt Lake City Economic Development Division is currently
undertaking an analysis, with the assistance of the City Financial Advisor and various
City departments and City Council staff, of all potential incentive tools permissible in
Utah, the economic costs and benefits of those various tools for potential Salt Lake City
6
incentives, as well as the fiscal impact to Salt Lake City Corporation in utilizing various
potential incentives for business recruitment and expansion purposes.
This economic and fiscal impact analysis will help the Administration and Council
determine policies and priorities for potential Salt Lake City economic development
incentives.
While that analysis is being conducted, Salt Lake City Economic Development Division
will continue to work with businesses using standard and current business incentive
tools such as the Salt Lake Revolving Loan Fund, the State of Utah incentives provided
by the Governor's Office of Economic Development, state and federal incentives
available to Salt Lake City such as Industrial Development Bond financing, and
Redevelopment Agency tax increment financing.
Prior to the completion of the study, analysis and policy recommendation, the Division
will consult in advance with the Mayor and Salt Lake City Council prior to any potential
incentive offer being proffered to a company relocating or expanding in Salt Lake City or
for those that currently require City Council approval, (e.g. revolving loan funds over
$250,000).
E. Economic Development— It is the intent of the Council that the Administration
earmark $10,000 of the current interest income in the Small Business Revolving Loan
Fund for the neighborhood grant program.
Administration Response- It is our intention that the interest income from the Loan
Fund be used this year for the Neighborhood Business District (NBD) grants.
F. PEC— It is the intent of the Council that the Administration identify how to receive input
from employee groups, such as the PEC and others, and suggest how to clarify their role
in providing input from employees.
Administration Response- The PEC is represented on the Benefits Committee and,
along with represented employees, is invited to attend all Citizen Compensation Advisory
Committee (CCAC) meetings. The Human Resources Director has met with the PEC to
discuss their role in providing employee input and to receive employee input. The
Compensation Program Administrator has met with them to review compensation data
and to receive their input. He will be meeting with them for the same purpose
periodically throughout the budget process.
G.Arts Grants
Administration Response-The City Arts Council, after consulting with various
constituencies and review by the Arts Council Board, developed guidelines and an
application for a new City Arts Grants category: "Arts Learning." The information
regarding this new category was well-distributed, resulting in a significant number of
applications, from both previous and new City Arts Grants applicants. Following a rigorous
application review and discussion, the City Arts Council Board awarded 29 matching
grants, ranging from $2,500 to $7,500.
Thanks to a community-wide distribution of information, the projects supported by these
grants are located throughout the City, serve children and young people of all ages and
backgrounds, and are offered in every art form, including visual arts, literary arts, theatre,
dance, music, folk arts, film and video. The programs are available either free of charge
7
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or with a scholarship or sliding fee scale to enable access for children of all income levels.
Tracking of demographic data on the participating children will be submitted in the
evaluation report from each grant recipient following the grant period which ends June 30,
2011.
The staff position will be filled shortly and one of the responsibilities of this staff person
will be to create an internet presence for information on these and other opportunities for
arts education and arts learning experience for Salt Lake City parents and their children.
H. Youth Program Fees— It is the intent of the Council that for all remaining youth
programs funded by the General Fund, any non-city resident participants pay the full
direct cost of services as identified by the City's Finance Department and authorized by
the Mayor.
Administrative Response- The Finance Department has been conducting an analysis of
the program costs, with some assistance from Public Services. The analysis is not yet
complete. A preliminary review had been conducted but the cost structure has not yet
been determined, but will be complete prior to the submission of the FY12 Mayor's
Recommended Budget.
I. Collections
Administrative Response-The new Collections Unit was up and running by September
2010 with 7 employees. The Unit used one FTE to fund a revenue/collection management
system called REVQ. As of December 31, 2010, the Unit had collected $350,000.
The new electronic booting program will be functional by the first week in March (writing
the computer interface between Paylock and ALE is taking longer than expected). A
publicity effort, beginning in mid-February will encourage people to pay their outstanding
tickets and avoid being booted (cars will be booted if the license plate has 2 tickets over
30 days old). The electronic booting itself will add an additional $147 to the cost of
having a car booted along with the cost of outstanding tickets.
In addition, there is a bill at the legislature that would authorize the Division of Motor
Vehicles to rescind or refuse registration of cars with 4 tickets over 30 days old. If this bill
passes, it will give the City a significant new tool to use in our efforts to increase
collections.
Ongoing Legislative Intent Statements
2009 Parking Meter Upgrades
Administration Response-An RFP to replace 2,000 parking meters with 345 pay
stations that accept credit/debit cards was published Jan 12. A pre-bid meeting was
held Jan 26. Bids are due Feb 23.
8
2009 Fuel Usage Reduction
Administrative Response-City Fleet is continuing to work with departments to
explore every possibility for using alternative fuel vehicles. The Streets Division has
obtained three battery-powered vehicles for their use, the Police Department has
purchased some hybrid vehicles for detectives and the Chief, the purchase of CNG
packers for Refuse is in process, and the purchase of 13 CNG trucks was recently
approved for Facilities, Parks and Streets. Additional opportunities in other
departments are being explored and further details regarding alternative vehicle needs
and potential purchase plans will be provided when the Fleet Audit is presented to the
Council in February.
2009 Fire Vehicles-It is the intent of the City Council that the Administration report to
the Council regarding how a more fuel efficient vehicle could be used on medical calls
with the current staffing and operational models.
Administrative Response -The Department successfully negotiated a response plan
with Gold Cross Ambulance that allows for an ambulance only response on the Alpha
medical calls. This change in response has reduced the Fire Department response by
more than 2,000 calls per year, greatly reducing fuel consumption and carbon
exhaust.
The Medical Division is reviewing alternative response models for all medical calls. This
modified response will result in fuel efficiencies without impacting patient care and
outcomes.
The Department has instituted other changes to continue to reduce its carbon
footprint and impact to City services. This includes an agreement with Gold Cross
Ambulance to assist with the retrieval of paramedics assisting on the transport of
patients to hospitals outside the City limits.
2009 Cemetery Budget & Master Plan-It is the intent of the City Council that the
cemetery master plan and financial report include an evaluation of appropriate fees
(taking into account inflation). In addition, the Administration and the City Council
should evaluate and discuss on-going cemetery needs and how to fund them.
Administration Response-Phase I of the Cemetery Master Plan is complete and
gives recommendations for decisions at the cemetery. The Public Services
Department submitted a funding application for Phase II of the study in the FY10-11
CIP, but it was not funded. This project will be 'on hold' until funding is provided.
2009 Public Art Maintenance
It is the intent of the City Council to have the Administration develop a financial plan
to handle the on-going repair and maintenance of the City's Public Art Collection.
Administration Response-Inspections and condition reports for more than 52
artworks in the City's public art collection have been completed. Based on this work,
a priority list for maintenance and repairs was developed, determined by both the
urgency of the need and the budget available. To date, more than two dozen
9
projects have been addressed with a combination of cleaning, repair, surface
treatment and other work as dictated by condition. A significant effort has been
made at the International Peace Gardens in Jordan Park, including the repair,
restoration and re-installation of the"Little Mermaid." Several other pieces in the
Peace Gardens have been repaired and there is more work to be done there. Other
projects have arisen over time, including the repair of the Peter Max Olympic painting
in the mayor's meeting room. This maintenance and repair of the City's public art
collection is being tracked and addressed on an ongoing basis.
2008 Open Space Maintenance
Administration Response-Currently the Parks and Public Lands Division, Property
Management and the Public Utilities Department are collaboratively working to address
open space management/maintenance issue in the interim of developing a plan and
staff to manage natural lands. The Open Space Program within Parks and Public Lands
is currently working on an Open Space Strategy Plan that clarifies process and
acquisition priorities. Additionally, the Open Space Program is developing an
Integrated Pest Management Plan, and will develop individual site management plans
as necessary to address long-term priorities for management, monitoring and
maintenance.
In the future the Open Space Program and Parks and Trails will coordinate with the
Planning Department and Planning Commission to update the Open Space Master
Plan and related City policy.
2008 City Master Plans
Administration Response-The Downtown Master Plan — Planning staff began work
to update the Downtown Master Plan in November 2008, but halted the effort when
the North Temple plan became a priority. It is anticipated that work will begin again
on the Downtown Master Plan update toward the end of 2011.
Northwest Quadrant Master Plan —At the end of 2010, the administration proposed a
public process to provide information and gather additional feedback from the public
with regard to the recommended Northwest Quadrant Plan. The process outline was
approved by the City Council in early 2011, and it is anticipated that the process will be
completed by fall 2011. Upon completion of the process, the City Council will move
forward to consider the Northwest Quadrant Plan.
Historic Preservation Master Plan —The City Council held a public hearing on the Historic
Preservation Plan on March 30, 2010 and tabled the hearing until a future date.
The West Salt Lake Plan —The Planning Division has begun work on this policy
document. The project team is currently gathering data and public input. The first
public meeting is scheduled for January 25, 2011 at which time the project team will
present an overview of the current state of West Salt Lake, identify the master plan
process and state how feedback will be sought throughout the process. The team has
already begun gathering demographic and GIS data for the plan and is looking at .
potential areas to focus on throughout the process and in the plan.
10
•
Euclid Small Area Plan — Due to its unique relationship with the North Temple Corridor
and specifically the proximity to the 800 West and Fairpark stations, the area covered
by the former Euclid Small Area plan was incorporated into the North Temple Corridor
Transit Area Stations plan which was adopted by the City Council in August 2010.
Westminster Small Area Plan —The Planning Division is awaiting a final campus plan
from Westminster College, scheduled to be published in early 2011, before determining
how to proceed. Staff has questioned the draft small area plan's ability to adequately
respond to the community's primary concern, which is the growth and operation of
Westminster College. The Planning Division staff met with representatives of
Westminster College on March 11, 2010, to discuss the possibility of amending the
Sugar House Community Master Plan to address the interests of the college and
concerns of the community rather than completing this small area plan. Staff also
requested information on the anticipated reuse of existing parcels owned by
Westminster that are adjacent to or near the college. It is anticipated that staff will
begin work in 2011 to either modify and adopt the Westminster Small Area Plan, or as
an alternative include those recommendations directly into the Sugar House Community
Master Plan.
City-wide General Plan- The City does have a General Plan, though we do not call it
that, but rather refer to various geographic and topic plans individually. If one reviews
the State law's definition of general plan elements, we have most of them, i.e., land
use plans (e.g., community and neighborhood plans), transportation plan, housing
plan, open space plan, historic preservation plan (pending adoption), etc. Staff has
discussed with City Council a proposal to create for the City a set of citywide plan
principles that would serve as overarching principles to be included in the formulation
or amendment of any future community plans, but no decision has been made to move
forward with this idea. Staff will continue discussion with the Mayor and City Council
about whether to implement this concept.
Zoning Amendments
Although not a master plan, the Planning Division has committed a great deal of time
rewriting major sections of the zoning ordinance. Two major projects are noted
below.
Zoning Rewrite Project- As an outcome of the Conditional Use Amendment
project from 2008 the staff worked with a task force comprised of community
council, businesses, and other representatives that had been suggested by the
City Council. The Task Force's work is complete. All but two parts of this project
have been transmitted to the City Council. The remaining two parts of the
project include revisions to the Nonconforming / Noncomplying sections of the
zoning ordinance and the Use Tables/ Definitions sections. The Nonconforming/
Noncomplying section will be taken back to the Planning Commission this spring
for final review and recommendation before being transmitted to the City
Council. The Use Table/Definition petition is an enormous undertaking. The
first phase of the project, identifying all the uses and defining them is near
completion and internal reviews will occur in February.
11
Sustainable City Code Initiative- The Mayor and City Council have requested the
Planning Division work on the Sustainable City Code Initiative which is a group
of proposed amendments to the Zoning, Subdivision, and Site Development
ordinances to remove barriers, create incentives, and enact standards to work
towards making Salt Lake City a leader in sustainable city development. As part
of this project, the City Council has adopted a Transit Oriented Development
regulation and is reviewing water conserving landscaping, tree protection,
renewable energy, and urban agriculture regulations. The Planning Commission
is scheduled to have made a recommendation on the remaining topics of the
project by June of 2011.
2008 Golf Update— capital project needs
Administration Response-The Public Services Department Director and the Golf
Division Manager met with the City Council in September 2010 to discuss the general
concept of selling open space. The majority of the City Council was of the opinion
that they would consider the sale of open space under certain conditions. Those
conditions were not determined at this meeting. At that same time, it was suggested
that Golfs situation could be used as a case study to help develop a policy. City
administration plans to forward a proposal in the near future.
2008 Fund Balance- It is the intent of the City Council that the Administration identify a
process to restore fund balance to 15% of General Fund revenue as reserves for
unforeseen events or emergencies, and establish 15% of fund balance as a target for Amok
the minimum amount allowable (rather than the previous 100/0).
Administration Response-Given current economic conditions, the Administration is
committed to maintaining a fund balance of no less than 10%. At the end of FY 2009-
10, fund balance was 14%, prior to encumbrances approved in the first budget
opening after FY210-11. As economic conditions improve, a revised target of 15% will
be considered.
2008 Citywide Emergency Preparedness Plan
Administration Response-The Administration will continue to brief the Council on a
regular basis. Each department in the City has accountabilities and responsibilities in
times of disaster. The emergency management program facilitates the coordination of
emergency preparation, response and recovery efforts of all City departments.
The emergency management program is on task to complete its goal of training 400
new CERT volunteers this year. With the assistance of IMS, the new CERT online
registration and database should be completed by the end of February. This tool will
enable the City, division CERT leaders, and local neighborhood leaders to track and
contact CERT trained persons in their areas using map based or list based tools. The
database will track completed training, home and work locations, and other volunteer .s0.04*
interests and skills. It also allows new CERT volunteers to register and pay fees
12
online. This will allow emergency management staff to focus more time on other
necessary activities.
The program is also in the process of documenting communications pre-plans for
CERT and other neighborhood response activities with Amateur Radio Emergency
Services (ARES) at the State, County, City and neighborhood levels. This will
facilitate communications between all levels of response after a catastrophic event.
The City continues as a major partner in a collaborative planning, training, and
exercise effort including agencies from the entire county. The effort is funded by
State Homeland Security grants and facilitated by a contracted consulting firm. At
the conclusion, the City will have revised or implemented planning, training and
exercise in emergency response, continuity of operations and government and
community recovery. This city-county effort is occurring in collaboration with
planning and exercise efforts at the State and Federal (FEMA Region VIII) levels.
These efforts are intended to culminate in a national through local full scale
earthquake exercise in April of 2012.
Challenges facing the program are real. Collaboration with our many partners is
critical to success, but the pace is often set by the organizations with the greatest
challenges. Progress is not always as fast or smooth as we would hope.
The Grants that fund most of our efforts are currently held up with the rest of the
federal budget. We have been told we will NOT receive the grants we have been
using to fund out CERT trainers in the upcoming year. This will require the City to
look hard at our current training goals. Also, the Homeland Security and UASI grants
anticipated for 2011 may not be awarded in the time or amount needed to complete
the April 2012 Earthquake exercise.
2008 Fitness for Duty
Administration Response- The Fire Department's Task Performance Test (TPT)
is now a multi-year program that is well established. The Department continues to
have a thriving program with a 95% pass rate. The Department believes the testing
has reached a successful plateau. The Department continues to review other health
and wellness initiatives beyond the current fitness program to further enhance the
quality of our workforce. One such program is the Get Fit program established with
the University of Utah. This program assists firefighters in developing an
individualized personal fitness program. There is no cost to the City or the firefighter
for this program.
2008 Take-home Vehicles
Administration Response
The Fleet audit included the take-home vehicle issue. Final audit findings and the
Administration's response have been transmitted to the City Council. A briefing with
the Council is anticipated in February 2011.
13
2008 Overtime within the Fire Department
Administration Response-Within the Fire Department, maintaining staffing levels is
challenged by current staffing levels, training and other needs. The Department's
application for the Staffing for Adequate Fire and Emergency Response (SAFER) grant
has limited the Department's ability to manage staffing levels. The Department has
used overtime to maintain required daily staffing levels while staying at levels
consistent with the requirements of the grant application.
In 2010 the Fire Department implemented a resource allocation model that changed
the way it operates in the City. The HazMat Company was relocated from one to two
locations and now operates as one major incident mitigation team, and as two
individual companies capable of responding independently to more common
hazardous materials incidents, including basic HazMat screening, air monitoring, and
spill and leak control. This change reduced the daily staffing requirements and
response capability by four firefighters within the City while maintaining the ability to
respond to all emergencies.
2008 Semiannual Reports on the Status of Legislative Intent Statements and
Action Items It is the intent of the City Council that the Administration provides
reports regarding the status of all active legislative intent statements (including
unresolved statements from previous years and statements adopted outside of the
official budget process) and all active legislative action items. The semiannual reports
are to be submitted to the Council Office by January 31 and the first Tuesday in May
each year.
Administration Response- The Administration will continue to work to provide
responsive and informative reports in a timely fashion.
14
SCANNED TO: tkAe
SCANNED
1(5 Jtk
SAL' ' AN9,%;0111Y 4131 O :4> z IeN
FRANK B. GRAY `�-� '�- -z� `�- vcI� '- RALPH BECKER
DIRECTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MAYOR
OFFICE OF THE DIRECTOR
MARY DE LA MARE-SCHAEFER
DEPUTY DIRECTOR iF11I1IFj\/ D
ROBERT FARRINGT❑N, JR.
DEPUTY DIRECTOR CITY COUNCIL TRANSMITTAL
Salt Lake City Mayor
Date Received: t l)
David ritt, C i f of Staff Date sent to Council: 0
TO: Salt Lake City Council DATE: December 15, 2010
JT Martin. Chair
FROM: Frank Gray, CED Director
� V
SUBJECT: Rezoning 1370 & 1380 S. West Temple Street rom RB (Residential Business) to
RMU (Residential Mixed Use)
STAFF CONTACT: Elizabeth Reining,Planning Division
801-535-6313, elizabeth.reining(n�,slcgov.com
DOCUMENT TYPE: Zoning Map Amendment
COMMISSION MOTION & FINDINGS:
Planning Commissioner Charlie Luke motioned, as to PLNPCM2010-00549, that the
Planning Commission forward a favorable recommendation on the mapping amendment to
rezone 1370 & 1380 S. West Temple Street from RB (Residential Business) to RMU
(Residential Mixed Use).
Commissioner Michael Gallegos seconded the motion.
Vote: Commissioners Emily Drown. Babs De Lay, Michael Gallegos, Kathleen Hill. Charlie
Luke, Susie McHugh, Mathew Wirthlin and Mary Woodhead voted "aye." the motion passed.
Commissioner Angela Dean recused herself prior to the public hearing.
RECOMMENDATION: The City Council hold a briefing and schedule a public hearing.
BACKGROUND/DISCUSSION:
Sattar Tabriz has initiated a request to rezone 1370 and 1380 S. West Temple Street from RB
(Residential Business) to R-MU (Residential Mixed Use). Mr. Tabriz has requested the rezoning
because he would like to bring the property more into compliance with its future zone
designation of Medium Density Transit Orientated Development, as shown on the Central
451 SOUTH STATE STREET, ROOM 404
P.O. BOX 145496, SALT LAKE CITY, UTAH S4114.5456
TELEPHONE: 601-535-6230 FAX: SC1-535-6005
WWW.SSLCGOV.CO MIC ED
Community Future Land Use Map, and redevelop the property to a higher use, possibly a ask
restaurant, office or residential mixed use development.
Currently located at 1370 and 1380 S. West Temple Street are a boarded house and a parking lot.
The property under consideration is located across West Temple Street from Spring Mobile
Ballpark. Currently there is a restaurant directly to the south, Meditrina. The restaurant is a
continuing nonconforming use in the same zoning district as the subject property, RB
(Residential Business). The property to the north, also owned by the applicant, is a vacant
commercial structure. Across the street from the property is a parking lot for the ballpark, with
single family and multifamily residences further south. Behind the subject property are
warehouses. While the subject property is in a gateway to single family residential areas, it is
separated from those residential uses. One block south, the Towne Gate Apartments are in a R-
MU (Residential Mixed Use) zone and the single family homes located on the east side of West
Temple Street and north of Merrimac Avenue are zoned RMF-35 (Moderate Density Multi-
Family Residential District).
Master Plan Considerations
Section 21A.50.050.B.1 of the Zoning Ordinance requires that the City Council consider whether
a zoning map amendment is consistent with the purposes, goals, objectives and policies of the
City as stated through its various adopted planning documents. The Central City Master Plan
labels this area the People's Freeway neighborhood planning area. Goals of this area within the
master plan include mitigating impacts related to the adjacency of residential and non-residential
uses, and addressing ways to transition the northern portion of the neighborhood from low-
density residential to transit-oriented development. This rezoning will accomplish both of those
goals. The subject property is physically separated from other residential uses and the proposed
zoning is more conducive to transit oriented development.
The Central Community Master Plan calls for the area including the subject property to be
Medium Density Transit Oriented Development (10-50 dwelling units per acre). Medium
Density Transit Oriented Development, as defined in the Central Community Master Plan, is:
"Compatible with medium and low density residential and commercial development
while allowing higher intensive uses near light rail stations. It includes a mix of ground
level retail or office space components with multi-story residential development above
ground floor levels. These areas must also have limits on the amount of space allocated
for non-residential land uses. Individual solely residential land uses could remain within
the TOD area."
The proposed zoning, R-MU (Residential Mixed Use), is more consistent with the Future Land
Use Map classification than the current zoning, RB (Residential Business), as it encourages more
mixed use development.
Public Process:
The Ball Park Community Council held a meeting October 14, 2010 and discussed the rezoning
application. Overall, the Community Council supported the rezoning and did not offer any
negative comments.
Staff has received no public comment regarding this petition. The Planning Commission held a
public hearing on November 10. 2010. The project was generally viewed as a favorable
development for the neighborhood, and a positive recommendation was forwarded to the City
Council. The vote was unanimous.
Relevant Ordinances
Amendments to the Zoning Ordinance and Maps are authorized under Section 21 A.50 of the Salt
Lake City Zoning Ordinance, as detailed in Section 21A.50.050: "A decision to amend the text
or 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 standards. which should be analyzed and considered prior to rezoning property (Section
21A.50.050.B 1-5). The five standards are discussed in detail starting on page 4 of the Planning
Commission Staff Report (Exhibit 5b).
TABLE OF CONTENTS
1. PROJECT CHRONOLOGY
2. ORDINANCE
3. CITY COUNCIL PUBLIC HEARING NOTICE
4. MAILING LABELS
5. PLANNING COMMISSION
a. ORIGINAL HEARING NOTICE AND POSTMARK
b. STAFF REPORT
c. NOVEMBER 10, 2010 MINUTES
6. ORIGINAL PETITION
PROJECT CHRONOLOGY
Petition PLNPCM2010-00549
August 25, 2010 Petition received by Planning.
August 31, 2010 Petition assigned to Elizabeth Reining, Principal Planner for staff analysis
and processing.
October 14, 2010 Petition reviewed by Ballpark Community Council.
October 18, 2010 Planning Commission hearing notice was published in the paper and
notices were mailed to adjacent property owners.
October 27, 2010 Planning Commission postponed item due to lack of quorum.
November 10, 2010 Planning Commission held public hearing and voted unanimously to
forward a positive recommendation to the City Council.
November 11, 2010 Staff requests ordinance from City Attorney's Office.
December 7, 2010 Staff received draft of proposed ordinance from City Attorney's Office.
December 8, 2010 Planning Commission ratified minutes for November 10, 2010 meeting,.
December 15. 2010 Petition transmitted to Community and Economic Development.
SALT LAKE CITY ORDINANCE
No. of 2011
(Amending the zoning map pertaining to property located at
1370 and 1380 S. West Temple Street from RB (Residential Business)
to R-MU(Residential Mixed Use)
An ordinance amending the zoning map to re-zone properties located at approximately
1370 and 1380 S. West Temple Street from RB (Residential Business)to R-MU (Residential
Mixed Use) pursuant to Petition No, PLNPCM2010-00549.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on November 10, 2010 on an application submitted by Sattar Tabriz ("Applicant")
to amend the City's zoning map (Petition No. PLNPCM2010-00549) to re-zone properties
located at approximately 1370 and 1380 S. West Temple Street from RB (Residential Business)
to R-MU (Residential Mixed Use); and
WHEREAS, at its November, 2010 meeting, the Planning Commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council ("City Council") on said
application; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the City's best interests.
NOW, THEREFORE; be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted
by the Salt Lake City Code; relating to the fixing of boundaries and zoning districts, shall be and
hereby is amended to reflect that the properties located at approximately 1370 and 1380 S. West
Temple Street (Tax ID. Nos. 15-13-226-006, 15-13-227-005, 15-13-227-006), and which is more
particularly described on Exhibit "A" attached hereto, shall be and hereby are re-zoned from RB
(Residential Business) to R-MU(Residential Mixed Use).
Amok
SECTION 2. Effective Date. This ordinance shall become effective on the date
of its first publication.
Passed by the City Council of Salt Lake City,Utah, this day of
2011.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action: Approved. Vetoed.
iimtk
MAYOR
CITY RECORDER
APPROVED AS TO FORM
Salt Lake City Atton;ey's Office
(SEAL) Date: % i..52. I;,
Bill No. of 2011. By: / � ` `r.
Vnul'CTNielon YenrorCrFyAtrorney
Published:
HB_ATTY-#157S5-vl-Ordinance_rezoning_1370_13S0_S_West_Temple DOC
oftelek
NOTICE OF PUBLIC HEARING
The Salt Lake City Council will hold a public hearing regarding Petition PLNPCM2010-00549,
to consider a zoning map amendment request by Sattar Tabriz regarding 1370 and 1380 S. West
Temple Street to change the property's zoning from RB (Residential Business) to RMU
(Residential Mixed Use).
As part of its review, 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)"
City and County Building
451 South State Street
Salt Lake City, Utah
"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 contact Elizabeth Reining, Principal Planner, at 801-535-6313 between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday, or via e-mail at elizabeth.reining@slcgov.com.
slcgov.com.
People with disabilities may make requests for reasonable accommodation 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 and County Building is an accessible
facility. For questions, requests or additional information, please contact the City Council Office
at 801-535-7600, or TDD 801-535-6021.
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15124810030000 15124810040000 15124810050000
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1317 S JEFFERSON ST 8422 REDDEN ROAD 3333 BEVERLY ROAD
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15124820012000 15132100010000 15132100020000
RESIDENT RESIDENT RESIDENT
77 W 1300 S 3333 BEVERLY ROAD 3333 BEVERLY RD
SALT LAKE CITY UT 84115 HOFFMAN ESTATES IL 60179 HOFFMAN ESTATES IL 60179
'15132110090000 15132110100000 15132110110000
RESIDENT RESIDENT - RESIDENT
2904 MILLCREEK CANYON RD 3211 W STARLITE DR 3211 W STARLITE DR
SALT LAKE CITY UT 84109 WEST JORDAN UT 84088 WEST JORDAN UT 84088
15132110120000 15132110130000 15132260010000
RESIDENT RESIDENT RESIDENT
3211 W STARLITE DR 3211 W STARLITE DR 1349 S JEFFERSON ST
WEST JORDAN UT 84088 WEST JORDAN UT 84088 SALT LAKE CITY UT 84115
15132260020000 15132260030000 15132260040000
RESIDENT RESIDENT RESIDENT
1349 S JEFFERSON ST 231 W 800 S#A 1350 S WESTTEMPLE ST
SALT LAKE CITY UT 84115 SALT LAKE CITY UT 84101 SALT LAKE CITY UT 84115
15132260050000 15132260060000 15132270010000
RESIDENT RESIDENT- - RESIDENT
1358 S WESTTEMPLE ST 231 W 800 S#A PO BOX 65676
SALT LAKE CITY UT 84115 SALT LAKE CITY UT 84101 SALT LAKE CITY UT 84165
1132270020000 15132270050000 15132270060000
SIDENT RESIDENT RESIDENT
rJ BOX 9415 231 W800S #A 231 W800S #A
SALT LAKE CITY UT 84109 SALT LAKE CITY UT 84101 SALT LAKE CITY UT 84101
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DRAPER UT 84020 SALT LAKE CITY UT 84115 SALT LAKE CITY UT 84115`�
15132280030000 15132280050000 15132280060000
RESIDENT RESIDENT RESIDENT
1410 S JEFFERSON ST 1553 E CHAPEL OAKS CIR 1410 S JEFFERSON ST
SALT LAKE CITY UT 84115 COTTONWOOD HTS UT 84093 SALT LAKE CITY UT 84115
15132290010000 15132290020000 15132290030000
RESIDENT RESIDENT RESIDENT
119 W 1400 S - - - 12524 S 300E - ' • " 299 E BRAHMA DR
SALT LAKE CITY UT 84115 DRAPER UT 84020 MURRAY UT 84107
15132290040000 15132290050000 15132300010000
RESIDENT RESIDENT RESIDENT
10838 S STARPINE DR 1416 S WESTTEMPLE ST PO BOX 145455
SANDY UT 84094 SALT LAKE CITY UT 84115 SALT LAKE CITY UT 84114
15132300090000 15132300100000 15132300110000
RESIDENT RESIDENT RESIDENT
1432 E PEACH ORCHARD CT 1409 S WESTTEMPLE ST 1417 S WESTTEMPLE ST
DRAPER UT 84020 SALT LAKE CITY UT 84115 SOUTH SALT LAKE UT 84115
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RESIDENT RESIDENT RESIDENT
1421 S WESTTEMPLE ST 1388•S RICHARDS ST - 1396-S-RICHARDS ST
SALT LAKE CITY UT 84115 SALT LAKE CITY UT 84115 SALT LAKE CITY UT 84115
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RESIDENT RESIDENT RESIDENT
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SALT LAKE CITY UT 84115 SALT LAKE CITY UT 84115 SALT LAKE CITY UT 84115
15132300312000 15132300316001 15132300316001
RESIDENT RESIDENT RESIDENT
PO BOX 145455 77 W 1300 S 77 W 1300 S
SALT LAKE CITY UT 84114 SALT LAKE CITY UT 84115 SALT LAKE CITY UT 84115
15132300322000 15132300326001 15132300326001
RESIDENT RESIDENT RESIDENT
PO BOX 145455 - . 77.W 1300,S; c I . 77 W 1300_S. .. ._..
SALT LAKE CITY UT 84114 SALT LAKE CITY UT ZIP 8 SALT LAKE CITY UT ZIP 8
15132300332000 15132300336001 15132300336001
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PLANNING DIVISION, 9001394298 10/19/2010
PO BOX 145480
SALT LAKE CITY UT 84114
PLANNING DIVISION,
8015356184 0000629190 /
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Start 10/18/2010 End 10/18/2010
PLMPCM2010-00549
Salt M LakeAmend
Zoning Map Amendments
n-its On October 27, 2010, the Salt Lake City Planning Commission will hole Salt Lobe er City2Pla�gO Com-
mission will hold a public
hearing to consider making
- -- _ -- _ :•s..,..;z.,y-fY_``_�::. �_�'�= — - - _ _ :• _ - _ ___��� •�` _='�=L- recommendations to.theCity
regarding
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39 Lines 1.00 COLUMN Petition PIMPCM2010-00549
a request by Satter Tabriz
regarding Rio rezoning of
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pusineu (e from Residential
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Mixed Use (R-MV).--Located
4
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sented by Slit Remington Love
(Staff contact, Elizabeth
-,fix - - = - - - - ___ -.�ry.•-_ -_�% - - --c- -r--,t=.v: ._. Reining at eining 5-631 3 or
=E'- ,fr-,�. =x=` :, -~_ : '- _ ellxabeih.relning@slcgov.com
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The public hearing will begin
al 5,45 p.m.In room 326 of
the City County-Building,451
South State Street,Salt Lake
:y .�-�-3~= ' City,-Uf. For more Informa-
tion or for special ADA ac-
u3�=,, �<w _ comnsodallons,which may in-
clude alternate formats, in-
terpreters,and other avx1ll-
70.52 ary aids or additional Info,-
mallon, please contact Mi-
chael Stott at 801-535-7976
or call TDD 801-535-6220.
AFFIDAVIT OF PUBLICATION 629190 UPAXLP
AS NEWSPAPER AGENCY CORPORATION LEGAL BOOKER,I CERTIFY THAT THE ATTACHED ADVERTISEMENT OF Salt Lake City Zoning Map
Amendments On October 27,2010,the Salt Lake City Planning Commission will hold a public hearing(o consider malting recommendations FOR PLANNING
DIVISION,WAS PUBLISHED BY THE NEWSPAPER AGENCY CORPORATION,AGENT FOR'IHE SALT LAKE TRIBUNE AND DESERET NEWS,DAILY
NEWSPAPERS PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH,AND PUBLISHED IN SALT LAKE CITY,SALT LAKE
COUNTY IN THE STATE OF UTAH.NOTICE IS ALSO POSTED ON UTAI-ILEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION
DATE AND REMAINS ON UTAHLEGALS.COM INDEFINATELY,
Start 10/18/2010 End 10/18/2010 _ . ,. _ IRGIIIIr,r R„`
} !:;is c? T\: iJ I� v c•u(;il^ Si;.,.;r.0 ill:
PUBLISHED ON j' '•f ''::: ii, ;. ;
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SIGNATURE �.� l t—(' /)
10/19/2010 '! 11 U` ��Uk
THIS IS NOT A STATEMENT BUT A"PROOF OF PUBLICATION"
PLEASE PAY FROM BILLING STATEMENT
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
In Room 326 of the City&County Building at 451 South State Street
Wednesday, October 27,2010 at 6:15 p.m.
• The field trip is scheduled to leave at 4:oo p.m.
• Dinner will be served to the Planning Commissioners and Staff at 5:oop.m. in Room 126,
• Work Session: 5:3o in Room 326. The Planning Commission will hold a work session from approximately
5:30-6:15. 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.
o PLNPCM2o10-oo322:Water Efficient Landscaping/Tree Protection-A request by Mayor
Becker for a zoning text amendment relating to requiring water efficient landscaping and tree protection.
This request is part of the Sustainability Code Amendment Project. (Staff contact:Doug Dansie at 801-
535-6182 or doug.dansie@slcgov.com)•
•
• Approval of Minutes
• Report of the Chair and Vice Chair
• Report of the Director
• Unfinished Business
1. Apollo Burger,143 N.Redwood Road(Tabled from October 13, 2010) -A proposal by Brandon •
Lundeen for the new construction of an Apollo Burger drive-thru restaurant at approximately 143 N. Redwood
Road.At the time the application was deemed complete,the property was zoned TC-75 Transit Corridor
District and the application is therefore processed under the zone applicable standards.The property is
located in Council District 1 represented by Carlton Christensen.The proposal requires the review of theAmon
following petitions:
a. PLNPCM2o10-00516 Conditional Use for a restaurant with a drive thru; and
b.PLNPCM2o10-00488—Building and Site Design Review requesting a modification of the 25 foot
maximum building setback along Redwood Road and Gertie Avenue. (Staff contact:Ana Valdemoros at(801)
535-7236 or ana.valdemorosaslcgov.com)
• Public Hearings
1. PLNPCM2o09-01338: Sustainability Development Code Changes (Tabled from July 14, 201o):
a request by Mayor Ralph Becker to amend the Zoning Ordinance in regards to accessory structures
associated with urban agriculture(such as greenhouses)and renewable energy systems(such as small solar
and wind energy collection systems)in an effort to facilitate and regulate those activities throughout the City
(Staff contact: Casey Stewart at 801.535.6260 or casey.stewart@slcgov.com),
2. PLNPCM2o10-00549 Zoning Map Amendment for Residential Mixed Use(RMU)-A petition
initiated by Sattar Tabriz to rezone property located at approximately 1370 and 138o South West
Temple Street from Residential Business(RB)to Residential Mixed Use(RMU). The property is located
within City Council District 5,represented by Jill Remington Love. (Staff contact: Elizabeth Reining at 8o1-
535-6313 or elizabeth.reining@slcgov.com)
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 posted two
days after they are ratijned,which usually occurs at the next regularly scheduled meeting of the Planning Commission.Planning w••o•,,
Commission Meetings may be watched live on SLCTV Channel 1 ;past meetings are recorded and archived,and may be viewed at
www.slctv.com
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MEETING GUIDELINES
•
1. Fill out registration card and indicate if you wish to speak and which agenda item you will address.
2. After the staff and petitioner presentations, hearings will be opened for public comment. Community Councils will present their
comments at the beginning of the hearing.
3. In order to be considerate of everyone attending the meeting,public comments are limited to two(2)minutes per person,per item.A
spokesperson who has already been asked by a group to summarize their concerns will be allowed five (5) minutes to speak.
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 tc:
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 you represent at the beginning of your comments.
6. Speakers should focus their comments on the agenda item.Extraneous and repetitive comments should be avoided.
7. Salt Lake City Corporation complies will all ADA guidelines.People with disabilities may make requests for
reasonable accommodation no later than 48 hours in advance in order to attend this meeting.Accommodations may include
alternate formats,interpreters,and other auxiliary aids. This is an accessible facility. For questions,requests,or additional
information,please contact the Planning Office at 535-7757;TDD 535-6220.
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
In Room 326 of the City&County Building at 451 South State Street
Wednesday,November to,2010 at 6:15 p.m.
• 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 Planning Commission will hold a work session from approximately 5:30-
6:15. 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.
PLNPCM2010-00612 Accessory Dwelling Unit - A request by Mayor Ralph Becker for a zoning text amendment
to allow accessory dwelling units within single-family and multi-family residential districts. This request is part of the
Sustainable City Code Initiative Project. (Staff contact: Michael Maloy at 801-535-7118 or
michael.maloy@slcgov.com )
• Approval of Minutes
• Report of the Chair and Vice Chair
• Report of the Director
• Other Business
Petition 410-08-44 Saxton Grove Planned Unit Development located at approximately 321 and 365 South 870
West. A Request for time extension for a planned development. (Staff contact: Doug Dansie at 801-535-6182 or
doug.dansie@slcaov.com)
• Public Hearing
1, PLNPCM2010-00549 Zoning Map Amendment for Residential Mixed Use (RMU) -A petition initiated by
Sattar Tabriz to rezone property located at approximately 1370 and 1380 South West Temple Street from
Residential Business (RB) to Residential Mixed Use (RMU). The property is located within City Council District 5,
represented by Jill Remington Love, (Staff contact: Elizabeth Reining at 801-535-6313 or
elizabeth.reininq@slcaov.com)
2. PLNPCM2010-00322: Water efficient landscaping/Tree Protection - A request by Salt Lake City for a zoning
text amendment to regulate water efficient landscaping and tree protection. (Staff contact: Doug Dansie at 801-
535-6182or doug,dansieCasIcgov.com)
3, PLNSUB2010-00088 and PLNPCM2010-00089: Utah Paperbox Subdivision - A request by Salt Lake City for a
declaration of surplus property and preliminary subdivision approval at approximately 800 West 900 South. The
property is located in the M-1 (Light Manufacturing) zoning district in Council District 2, represented by Van Turner.
(Staff Contact: Nick Britton at 801-535-6107 or nick.britton(c-oslcgov.com)
4, PLNPCM2010-00610: Conditional Use for Auto Sales- A request by Mark Miller Toyota to expand their current
facility located at approximately 730 South West Temple. The property is zoned D-2 Downtown Support District in
City Council District 4, represented by Luke Garrott. (Staff contact: John Anderson at 801-535-7214 or
john.ancierson@sicgov.com).
5. Firm Marketplace Planned Develo meat a request by the Woodbury Corporation to develop a retail shopping
center located at approximately 247 West 1400 South. The property is located in Council District 5 represented by
Jill Remington Love (Staff contact: John Anderson at 801-535-7214 or john,anderson@slcgov.com).
a, PLNSUB2010-00584—a request for minor subdivision approval for a 2 lot subdivision.
b. PLNPCM2010-00572—a request for Planned Development approval for a retail shopping center. The applicant is
00006*.
requesting the Planning Commission modify the location of required landscaping.
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MEETING GUIDEI_1NE
1. Fill out registration card and indicate if you wish to speak and which agenda item you will address.
2. After the staff and petitioner presentations, hearings will be opened for public comment. Community Councils will present their
comments at the beginning of the hearing.
3. In order to be considerate of everyone attending the meeting,public comments are limited to two(2)minutes per person,per item.A
spokesperson who has already been asked by a group to summarize their concerns will be allowed five (5) minutes to speak.
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 you represent at the beginning of your comments.
6. Speakers should focus their comments on the agenda item.Extraneous and repetitive comments should be avoided.
7. Salt Lake City Corporation complies will all ADA guidelines.People with disabilities may make requests for
reasonable accommodation no later than 48 hours in advance in order to attend this meeting.Accommodations may include
alternate formats,interpreters,and other auxiliary aids. This is an accessible facility. For questions,requests,or additional
information,please contact the Planning Office at 535-7757;TDD 535-6220.
PLANNING COMMISSION STAFF REPORT . .,.
Zoning •
MapAmendment =
.
Petition No. PLNPCM2010-00549 =�"; ` `~
1370 & 1380 S West Temple Street
November 10, 2010 ""' ,..., "�
Planning and Zoning Division
Department of Community and
Economic Development
Applicant:
Sattar Tabriz
Staff: Request
Elizabeth Reining
elizabeth.reininer i slcaov.coM Mr. Sattar Tabriz has requested 1370 and 1380 S. West Temple Street be
801-535-6313 rezoned from RB (Residential Business) to R-MU (Residential Mixed Use).
Mr. Tabriz is requesting the rezoning because he would like to bring the
Tax ID:
15-13-227-005-0006 property more into compliance with its future zone designation of Medium
15-13-226-006-0000 Density Transit Orientated Development, as shown on the Central Community
15-13-227-006-0000 Future Land Use Map, and redevelop the property to a higher use, possibly a
Current Zone: restaurant, office or residential mixed use development.
Residential Business(RB)
Master Plan Designation:
Central Community Master Plan: Staff Recommendation
Medium Density Based on the fmdings listed in the staff report, it is the Planning Staffs opinion
Transit Oriented Development
that the project generally meets the applicable standards and therefore,
Council District: recommends the Planning Commission forward a positive recommendation to
District 5,Jill Remington Love the City Council to approve the requested zoning map amendment.
Lot Size:
14.400 square feet
Current Use:
Vacant structure and parking lot
Applicable Land Use Regulations:
21A.50.050
Notification
• Notice mailed on October 29,
2010
• Sign posted on October 28,2010
• Agenda posted on the Planning
Division and Utah Public
Meeting Notice xvebsites
October 29.2010
Attachments:
A. Site Plan
B. Photographs
C. Central Community Future
Land Use Map
PLNPCNt2010-00549 1370 t 3S0 S Wes:Temple Published Date: November 4,2010
1
VICINITY MAP ,,-
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Background
Project Description
Mr. Sattar Tabriz, the owner of 1370 & 1380 S. West Temple Street, wishes to rezone that property from RB
(Residential Business) to R-MU (Residential Mixed Use). Currently located on the site are a boarded house and
a parking lot. Mr. Tabriz wishes to redevelop the property and the zoning designation of R-MU (Residential
Mixed Use) will allow him more and greater options. Possible ideas for redevelopment include a restaurant,
office and residential mixed use development. There are no definitive plans as of yet so a detailed site plan is
not being presented to Planning Commission.
The property under consideration is located across West Temple Street from Spring Mobile Ballpark. Currently
there is a restaurant directly to the south. Meditrina. The restaurant is a continuing nonconforming use in the
same zoning district as the subject property, RB (Residential Business). The property to the north, also owned
by the applicant, is a vacant commercial structure. Across the street from the property is a parking lot for the
ballpark, with single family and multifamily residences further south. Behind the subject property are
warehouses. While the subject property is in a gateway to single family residential areas, it is separated fron
those residential uses. One block south, the Towne Gate Apartments are in a R-MU (Residential Mixed Use)'''
PLNPCM2010-00549 1370& 13SO S West Temple Published Date: November 4,2010
2
zone and the single family homes located on the east side of West Temple Street and north of Merrimac Avenue
are zoned RMF-35 (Moderate Density Multi-Family Residential District).
The Central City Master Plan labels this area the People's Freeway neighborhood planning area. Goals of this
area within the master plan include mitigating impacts related to the adjacency of residential and non-residential
uses, and addressing ways to transition the northern portion of the neighborhood from low-density residential to
transit-oriented development. This rezoning will accomplish both of those goals. The subject property is
physically separated from other residential uses and the proposed zoning is more conducive to transit oriented
development.
Comments
Public Comments
The Ball Park Community Council held a meeting October 14, 2010 and discussed the rezoning application.
Overall, the Council supported the rezoning and did not offer any negative comments.
City Department Comments
Copies of the application and site plan were sent to various city departments on September 7, 2010. The
comments received noted general approval of the zoning change, but noted more comments would be
forthcoming once a more detailed redevelopment plan was presented for review.
Transportation-
West Temple is a Collector class roadway compliant with the proposed use. Future development is covered to
address transportation issues per the R-MU zoning regulations for pedestrian and vehicular circulation as well
as parking and services. We will address the future development and status of Albemarle Avenue as required
at that time, along with any upgrades needed for West Temple.
Engineering-
We have no concerns about the rezoning application, however, when the applicant submits a more detailed site
plan. we will have comments at that time. I assume he is merely submitting this preliminary site plan to help
explain what he is intending to build, if the re-zone is approved.
Analysis and Findings
Options
Options for the zoning map amendment application include recommending approval or denial of the rezoning
request to City Council. If the request is denied, Mr. Tabriz can still develop his property but he will have
limited choices in a RB (Residential Business) district compared to a R-MU (Residential Mixed Use) district. If
the request is approved, Mi. Tabriz will have more options to develop the property and develop it in a manner
that is more closely associated with Medium Density Transit Oriented Development as noted on the Central
Community Future Land Use Map. (See Attachment C-Central Community Future Land Use Map)
PLNPC1\12010-00549 1270& 13S0 S\Vest Temple Published Date: Novembei 4,2010
3
Findings ,,,,,mk
A decision to amend the Salt Lake City 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 found in the
Zoning Ordinance under Section 21A.50.050B:
a. Whether a proposed map amendment is consistent with the purposes, goals, objectives and policies of
the City as stated through its various adopted planning documents.
Analysis: The Central Community Master Plan is the current master plan for the area and its adoption updated
all previous block and neighborhood plans. The Central Community Master Plan calls for the area including the
subject property to be Medium Density Transit Oriented Development (10-50 dwelling units per acre). Medium
Density Transit Oriented Development, as defined in the Central Community Master Plan, is:
"Compatible with medium and low density residential and commercial development while allowing
higher intensive uses near light rail stations. It includes a mix of ground level retail or office space
components with multi-story residential development above ground floor levels. These areas must also
have limits on the amount of space allocated for non-residential land uses. Individual solely residential
land uses could remain within the TOD area."
The proposed zoning, R-MU (Residential Mixed Use), is more consistent with the Future Land Use Map
classification than the current zoning. RB (Residential Business), as it encourages more mixed use
development. ,,
Finding: Staff finds that the proposed amendment to the Zoning Map is consistent with the purposes, goals,
objectives and policies of the various adopted planning documents.
b. Whether the proposed amendment is harmonious with the overall character of existing development
in the immediate vicinity of the subject property;
Analysis: Currently surrounding the subject property is Spring Mobile Ballpark, parking lots, a restaurant,
warehouses and an empty office building. Further to the south of the property are single and multi family
residential units. Section 21A.24.170 of the Zoning Ordinance states:
"The purpose of the R-MU residential/mixed use district is to reinforce the residential character of the
area and encourage the development of areas as high density residential urban neighborhoods containing
supportive retail, service commercial, and small scale office uses. The design guidelines are intended to
facilitate the creation of a walkable urban neighborhood with an emphasis on pedestrian scale activity
while acknowledging the need for transit and automobile access.
The area surrounding the subject property is in transition, as noted by the designation of Medium Density
Transit Oriented Development in the Central Community Future Land Use Map. The proposed zoning of
R-MU (Residential Mixed Use) will fit more into this transitional zone than the current zoning RB (Residential
Business). Amok
PLNPCM2010-00549 12,70 fi 13S0 S West Temple Published Date: Not ember 4,2010
4
Finding: Staff finds that the proposed amendment to the Zoning Map is harmonious with the overall character
of existing development in the immediate vicinity of the subject property.
c. The extent to which the proposed amendment will adversely affect adjacent properties;
Analysis: The proposed rezoning of R-MU (Residential Mixed Use) is more consistent with the Central
Community Master Plan designation of Medium Density Transit Oriented Development (see Attachment F).
The change in zoning is implementing the long term vision of the area. Therefore the rezoning will not
adversely affect adjacent properties.
Finding: Staff finds that the proposed amendment will not adversely affect adjacent properties.
d. Whether the proposed amendment is consistent with the provisions of any applicable overlay zoning
districts which may impose additional standards; and
Analysis & Finding: There are no applicable overlay zoning districts for this subject property.
c. 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
Analysis: Transportation has reviewed the zoning amendment application and has stated that West Temple is
compliant with the proposed use. No other department has raised concerns about the request.
Finding: Current public facilities and services are adequate to support the proposed zoning of R-MU
(Residential Mixed Use).
PLNPCM12010-00549 1370 fi 1;S0 S West Temple Published Date: November 4,2010
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PLNPCN12010-00549 1370 S.:. 13S0 S West Temple Published Date November 4,2010
1 1
Petition 410-08-44 Saxton Grove Planned Unit Development located at approximately 321 and 365
South 87o West. A Request for time extension for a planned development.
Chairperson Fife recognized Doug Dansie as staff representative.
Mr. Dansie stated that this was a request for a time extension for a project that was previously approved,
it had been extended once,but due to the economy the applicant has asked for an additional year
extension.
Motion
Commissioner De Lay made the motion to extend the request for Petition 410-08-44 for
the period of one year.
Commission Wirthlin seconded the motion.
Vote: Commissioners Drown, Dean, De Lay, Gallegos, Hill, Luke, McHugh,Wirthlin and
Woodhead all voted"aye". The motion passed unanimously.
6:22:23
PLNPCM2o10-oo549 Zoning Map Amendment for Residential Mixed Use (RMU) -A petition
initiated by Sattar Tabriz to rezone property located at approximately 137o and 138o South West
Temple Street from Residential Business (RB)to Residential Mixed Use(RMU). The property is located
within City Council District 5, represented by Jill Remington Love
Chairperson Fife recognized Elizabeth Reining as staff representative.
Ms. Reining stated that Mr. Sattar Tabriz has requested that 137o and 138o South West Temple Street be
rezoned from residential business to residential mixed use. The request was because it better aligns with
the future land use plan for the area. It also allows more development options for the property. Although
there are no concrete plans for the area as of yet,there are concepts
6:23:36 Commissioner Dean recused herself from the item.
Ms. Reining stated that the property was located across the street from Spring Mobile Ball Park south of
13th South. It is located directly south of Meditrina's Restaurant and is south east of the 130o South Trax
station.
Ms. Reining gave her recommendation of approval to the Planning Commission.
6:24:12
Statement from the applicant
Salt Lake Planning Commission Minutes, November 10, 2010 Page 3
Mr. Sattar Tabriz stated that he was the owner of the property. He stated that there is interest in use of
his property but they would require a change in zoning. He stated that the rezone would increase the
options of use and fits in with the future land use plans.
Questions from the Commissioners:
None.
The Chair opened the public hearing and no one in attendance chose to speak. The Public hearing was
closed.
6:26:39
Motion:
Commissioner Luke made the motion in regard to PLNPCM2o10-o0549 Zoning Map
Amendment for Residential Mixed Use(RMU), based on the findings of the staff report
and the testimony from staff, he recommends the Planning Commission forward a
favorable recommendation to the City Council.
Commissioner Gallegos seconded the motion.
Vote: Commissioners Drown, De Lay, Gallegos, Hill, Luke,McHugh,Wirthlin and
Woodhead all voted"aye". Commissioner Dean abstained from the voting. The motion
passed.
PLNPCM2o10-oo322: Water efficient landscaping/Tree Protection -A request by Salt Lake
City for a zoning text amendment to regulate water efficient landscaping and tree protection.
Chairperson Fife recognized Doug Dansie as staff representative.
Mr. Dansie stated that he didn't have a lot to add based on the prior meeting's briefing. He noted that the
staff report was a modification of the original with a correction.
Mr. Dansie added that in addition to the many notices that were sent in regard to this request; he did
send an additional email to many landscape architecture professionals. From that,he received a
comment from one person, and the email was included in the staff report.
Questions from the Commissioners
Commissioner Woodhead asked if when the notices were sent,were they sent to garden club members?
In her opinion, it seemed that they would have interest in the request.
Salt Lake Planning Commission Minutes, November 10, 2010 Page 4
/5, (La PCM .zolo - '
OFFICE USE ONLY boy �--�
"* i,"" ZoningAmendment Petition No. , T
, .4
1\,'.. \ (O/.y'"; Date Received: glas.7 l O
= o Amend the text of the Zoning Ordinance by amending Section: Reviewed By: % r
ti (^ ti �.�s 1r,,;h
ri`'',i11(iFl� '".
,, to Amend the Zoning Map by reclassifying the above property from a
°""""" zone to a zone,(attach map or legal description)
Address of Subject Property: -OJ A 00 1st-0 s.0 c--s'� -x/i p ve- s (Ls-6
T r
Name of Applicant: s' q-j.l-it. TA t(1--' Phone: (5 d() 8 I 00 Li
Address of Applicant: wiTI-D EuA)tJ G tt Poor' / 211 viesj- p 00 Su„t,- ,ISwri-L 4 ,SLL,LA - 8 Y 1 o t
CinE-mail Address of Applicant: S.-f-D`b t� 1 ii1 cue e ,CoM Cell/Fax: ($0( S p c/. p w$-O
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Applicant's Interest in Subject Property: OW N Ex....
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Name of Property Owner: 5 N'` >` ev_f✓ISrS Phone:
E-mail Address of Property Owner:5-\--61 y 'PLua ei .CUM Cell/Fax:
tilila l S� t; ZL .Ou `,,
County Tax ("Sidwell U"): i -oco �!
15-13� 22Z ' 00(o r0000 Zoning: S
13 - n� 00to -000 1„'-
Legal Description(if different than tax parcel number): 1
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/'!7y.,use/ Az. Proposed Property Usc
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Please include with the application: i;Y.
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(5115)
1. A statement of the text amendment or reap amendment describing the purpose for the amendment and the exact
123121 language,boundaries and zoning district.
*233 2. A complete description of the proposed use of the property where appropriate.
3. Reasons why the present zoning may not be appropriate for the area.
4. Printed address labels for all property owners within 450 feet of the subject property. The address and Sidwell
number of each property owner must be typed or clearly printed on gummed mailing label.Please include yourself
)2310 and the appropriate Community Council Chair(s). Address labels are available at the address listed below.The cost
of first class postage for each address is due at time of application. Please do not provide postage stamps.
till* 5. Legal description of the property.
6. Six(6) copies of site plans drawn to scale and one(1) 11 x 17 inch reduced copy of each plan and elevation drawing.
7. .If applicable,a signed,notarized statement of consent from property owner authorizing applicant to act as agent
8. Filing fee of S885.92,plus S110.74 for each acre over one acre and the cost of first class postage is due at time
( of application.
Applications must be reviewed prior to submission.Please cali 535-7700 for an appointment to review your
..4,
4 application.
Notice: Additional information may be required by the project planner to ensure adequate information is provided for staff
analysis.
All 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.
it , l(,) t,i1\1
County tax parcel("Sidwell")maps and names
of property owners are available at: File the complete application at:
Salt Lake County Recorder Salt Lake City Buzz Center '
2001 South State Street,Room N 1600 451 South State Street,Room 215,
Salt Lake City, UT 84190-1051 Salt Lake City,UT 84111
Telephone: (801)468-3391
T
Signature of Property Owner
Or authorized agent
-; Flnallhy. CfliCienl, [c.ol i�i ul Design
A.D
August 25,2010
Planning and Zoning
City&County Building
451 South Slate, Room 406
Salt Lake City, Utah
RE: Application to Amend the zoning Map by reclassifying the property from zone RB to zone R-MU
Address of Subject Property: 1370 and 1380 S West Temple Street
1. The purpose for the amendment is to change zoning designation from RB to R-MU
RESIDENTIAL/MIXED USE DISTRICT.The proposed amendment is consistent with the purposes,goals,
objectives,and policies of the adopted general plan of Salt Lake City.The Central Community
Land Use Map future designation of the property is Medium Density Transit Oriented Development.
• "The purpose of the R-MU residential/mixed use district is to reinforce the residential character of
the area and encourage the development of areas as high density residential urban
neighborhoods containing supportive retail,service commercial,and small scale office uses,The
design guidelines are intended to facilitate the creation of a walkable urban neighborhood with
an emphasis on pedestrian scale activity while acknowledging the need for transit and automobile
access," (Zoning Ordinance 21A.24.170).See attached maps for reference.
2. The proposed use of the property is unknown at this time.
3. Primary factors for changing the zoning designation include:
a) Bring the site up to compliance with the future zone.
b) The owner would like to redevelop the property based on its highest and
best use. Ideas include a restaurant, office, and residential mixed-use
development.
There is a restaurant directly to the south of the property.Across the street is a minor league
baseball park,which would be well served by an additional restaurant.
4. Mailing labels attached.
5. Legal Description of the properties: Lot 1 and South Half of Lot 30. Block 1 Holland Sub. Lots 1 and 2
block 1 West Temple Addition.Lots 3,4, and 5, Block 1 West Temple Addition.
6. Site plans attached.
7. Not applicable.
8. Fees paid at time of application.
�_�Since cly, ;/
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Angela M. Decn, AIA, LEED AP
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(PARKING NOT INCLUDED): UTAH 34102
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3,126 FAX 301-322.0093
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DATE
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SALT LAKE CITY COUNCIL STAFF REPORT
DATE: March 8,2011
SUBJECT: Petition No.PLNPCM2009-01424—Zoning Map and ordinance
amendment related to the Public Safety building project
STAFF REPORT BY: Jennifer Bruno,Deputy Director
AFFECTED COUNCIL DISTRICTS: District 4
ADMINISTRATIVE DEPT: Community and Economic Development
AND CONTACT PERSON: Casey Stewart,Senior Planner
COUNCIL PROCESS: The Council will hold a work session briefing on this issue
March 8,2011,and will consider setting the date for a public
hearing on March 22,2011. The Council may choose to act on
this ordinance at the March 22nd meeting or may defer to a
future Council meeting
KEY ELEMENTS:
A. An ordinance has been prepared at the Mayor's request for Council consideration to:
1. Amend the Salt Lake City zoning map for the property that will be used as the
Public Safety Building.
i. Currently the property is split zoned Residential-Mixed Use(R-MU),
Residential Office(RO),and Transit Corridor(TC-75).
ii. The proposal would zone all property associated with the Public Safety
Building project,including the public plaza along the 450 South axis,to
Public Lands(PL-2). See attached map.
iii. The Transit Corridor zoning would stay in place for the property on the
north western corner of the block,as it is not intended to be used for the
Public Safety Building project.
2. Amend the text of the zoning ordinance to allow for communication towers
exceeding the maximum building height as a permitted use in the Public Lands
zoning districts(PL,PL-2)with the qualifying provision that there only be one per
property(monopole type),and only when it is government owned and operated for
public safety purposes.
i. Currently the zoningordirtance allows communication towers,but not if they
exceed allowable building height(75ft).
ii. The communication tower necessary to operate the Emergency Operations
Center function of the Public Safety Building will need to be between 100 and
140 feet tall in order to have the clear sight line necessary to the tower that is
in City Creek. It would be sited near the center of the block,behind the
proposed Public Safety Building,south of the 450 South axis. The
Administration indicates that this is a critical component of the emergency
response system. See Attachment C for an example of the potential scale and
appearance of the communications tower.
{' iii. The proposed change to the ordinance would only allow communication
"+' towers to exceed allowable building height if they are a monopole structure
(a single pole mounted on the ground),and only if they are owned by the
1
government and operated for a public safety purpose. Planning staff
indicates that this was done in order to prevent the proliferation of
communication towers throughout the City.
iv. Currently the proposal is to allow these communication towers in both the
PL and PL-2 zoning districts. PL zoning districts are found on over 70
properties throughout the city and in some areas where view corridors may
be especially sensitive,.including above the City Cemetery(for example,the
Capitol)-see attachedmap`ofPL and PL-2 zoning districts. If the Council
wanted to further restrict the proliferation of these types of communication
towers,the Council may wish to suggest changing the ordinance to only
allow these types of communication towers in the PL-2 zone. (see matters at
issue item A)The PL-2 zone is found nowhere in the City except the
Downtown Main Library and proposed for the south west quadrant of the
Public Safety Building block.
B. This rezoning request is a follow-up to the Master Plan amendment request that was
approved by the Council on November 16,2011,which amended the text and future land
use map of the Central Community Master Plan to encourage future civic uses to
concentrate near existing civic uses in the East Downtown Area,and changed the
designation of the land located within the block bounded by 300 East,400 South,400 East,
and 500 South to Civic/Mixed Use. The Council's motion also included the following
1H'' - language:
• It is the City's intent that any development between the City and County Building
and Gilgal Gardens will preserve the 450 South corridor.
• The Council also adopted a legislative intent asking the Administration research the
costs to acquire a public easement at 450 South between 300 East and 400 East.
C. Key points from the Administrahori's'tra mittal include:
1. The PL-2 District was select`d to fh2;14ubhc Safety Building because it is on an
urban edge property,and the pupose statement is more reflective of that intent.
2. The Transit Corridor zoning will stay along the 400 South Corridor because the
Administration intends to develop that property(or issue an RFP for development)
in accordance with that zoning district. The staff report notes that the Planning
Division is currently working on a project that would shift the zoning along the 400
South corridor to a form-based zoning,more similar to what was recently
implemented along the North Temple Boulevard corridor.
3. The Planning Staff used the guidelines set forth in the zoning ordinance for
considering a zoning map amendment and made the following findings of fact:
•The proposed map amendment is consistent with the adopted policy
documents(see Master Plan and Policy considerations section).
•The proposed map amendment is consistent with the overall purpose of the
zoning ordinance.
•The proposed map amendment will have a positive effect on adjacent
properties by increasing and enhancing public space and enhancing
pedestrian access.
•The proposed map amendment applies to a property that has adequate
public facilities and services.
4. The Planning Staff used the giictehnes set forth in the zoning ordinance for
considering a zoning text amendment and made the following findings of fact:
•The proposed text amendment partially conflicts with the urban design
policies of the Central Community Master Plan regarding the view corridor
to the east(see matters at issue item B for a full discussion of this issue),but in 11
2
contrast,would support other City policies,as noted previously in the zoning
map amendment analysis.
•The proposed text amendment is consistent with the overall purpose of the
zoning ordinance.
•The proposed text amendment does not conflict with any overlay districts.
•The proposed text amendment implements common practices in urban
planning and design,by introducing language that significantly limits the
number of communication towers that would appear in the City. Council staff
note:If the PL district were removed,this would bolster this finding further.
D. Planning Staff presented the proposed amendments to the Central City Community Council
on February 2,2011,with approximately 20 people in attendance. No vote was taken for or
against the project. Comments from attendees included addressing the diminishing
residential development around thesecivic:blocks,concern that the height of the
communication tower will affect the views to,the east,and the overall design of the
building. Detailed comments are included as an attachment in the Administration's
transmittal.
E. The Planning Commission held a public hearing on this issue on February 23,2011. No
comment was received at the hearing. The Planning Commission voted 4-1 to forward a
positive recommendation,with the qualifier that the language be changed to clarify that in
addition to the one-per property and government/public safety purposes requirement,only
a"monopole"type communication tower be allowed.
F. The proposed amendments were routed through City departments for comment. No
departments had any objections to the amendments.
G. The purpose of the Public Lands(PL-2)public lands district is to specifically delineate areas
of public use and to control the potential redevelopment of public uses,lands and facilities
in an urban context. Permitted uses include office,government offices,accessory retail,community
centers,educational facilities,libraries,art galleries,museums,and parks.
MATTERS AT ISSUE:
A. Currently the proposal is to allow.th'eset'c$bti r unication towers in both the PL and PL-2
zoning districts. PL zoning districts are'found throughout the City and in some areas where
view corridors may be especially sensitive'(for example,the Capitol)-see attached map of PL
and PL-2 zoning districts. If the Council wanted to further restrict the proliferation of these
types of communication towers,the Council may wish to suggest changing the ordinance
to only allow these types of communication towers in the PL-2 zone. The PL-2 zone is
found nowhere in the City except the Downtown Main Library and proposed for the south
west quadrant of the Public Safety Building block. Council staff has inquired with Planning
Staff,at the Administration would have no objection to this change.
B. The Central Community Master Plan outlines design policies for protecting the East
Downtown View corridor,which this site is in."Protect view corridors,vistas,and focal points.
Refer to the urban design map on page 87."(Page 19,Urban Design Policies). The proposed
text amendment would allow for a communication tower on the Public Safety Building site,
which could potentially impact the view corridor to the East. To mitigate the potential
impact on the view corridor,the architects for the Public Safety Building project have sited
the communication tower in a way such that it is not along the 450 South axis,but is behind
3
the building set in between the 450 South axis and 500 South(approximately 475 South). As
such,it will not block the axial view corridor east from the City and County Building,but
will be south of that view corridor...Despite the fact that the text amendment is not
necessarily supported by statements in the master plan,the overall development of the
Public Safety Building is supported by statements in the plan,and the building itself has
been designed with a profile to support and enhance the view corridor to the East. The
Administration indicates that this communication tower is critical to the functioning of the
Emergency Operations Center,and that no other options are possible for this type of
communication(the tower needs to be able to have a clear"line of sight"to a city-owned
communications tower in City Creek).
1. The Council may wish to discuss this issue further.
2. It is staff's understanding that there is no alternative to placing the communication
tower on this site. The Council may wish to confirm with the Administration and the
project team if all other alternatives have been explored.
MASTER PLAN AND POLICY CONSIDERATIONS:
A. The block east of the Library along 300 South contains Transit Corridor(TC-75)and
Residential Mixed Use(RMU)zoning designations,and Residential Office(RO).The Transit
Corridor zoning designation fronts 400 South.
a. The purpose of the TC 75 Transit Corridor District is to provide an environment for
efficient and attractive transit as iedestrian oriented commercial,residential and
mixed use development along major,transit corridors.The design guidelines are
intended to create a pedestriari'fiiendly environment and to emphasize that
pedestrian and mass transit access is the primary focus of development.
b. The purpose of the R-MU Residential/Mixed Use District is to reinforce the
residential character of the area and encourage the development of areas as high
density residential urban neighborhoods containing supportive retail,service
commercial,and small scale office uses.The design guidelines are intended to
facilitate the creation of a walkable urban neighborhood with an emphasis on
pedestrian scale activity while acknowledging the need for transit and automobile
access. Government uses and facilities are allowed in this zone as a conditional use.
Pedestrian pathways and greenways are allowed as a permitted use.
c. The purpose of the RO Residential/Office district is to provide a suitable
environment for existing and future mixed use areas consisting of a combination of
residential dwellings and office use.This district should encourage the maintenance
and rehabilitation of appropriate existing buildings and neighborhood scale.
Government uses and facilities are allowed in this zone as a permitted use. Pedestrian
pathways and greenways are allowed as a permitted use.
B. The purpose of the Public Lands(Pt)dishict is to specifically delineate areas of public use
and to control the potential redevelopment of public uses,lands and facilities.
C. The stated intent of the Central Commututy Master Plan(2005)is to create a future
community based on four fundamental gols:
1. Livable communities and neighborhoods
2. Vital and sustainable commerce
3. Unique and active places
4. Increased pedestrian mobility and accessibility
4
D. The following are key points mentioned in the Master Plan that may be relevant to the
Administration's proposal:
(Page 9,Future Residential land use changes)
The 450 South Corridor can be supported and enhanced in the area immediately to the east
of the City and County Building with mixed land uses such as Salt Lake City government
administration,courts,public safety administration,ground level interactive uses(small
retail,offices,public gatherings),cultural facilities,medium to high density residential,as
well as open space enhancements.
(Page 12,Government Land Use)
"Concentration of local government administration and office facilities,particularly Salt
Lake City administration,courts,public safely and cultural facilities near the City and
County Building will help create efficiencies in services which are often interrelated,and
help improve access to services for local residents and businesses.Applying sound urban
design principles and appropriate architectural character to these uses will also provide a
positive transition from the Central Business District to the Central City Neighborhood."
(Page 13,Policies for Institutional Land Use)
INSLU-4.4 Concentrate the development of Salt Lake City administration,courts and
cultural facilities near the City and County Building to encourage efficient services,improve
access for businesses and residents,facilitate improved work and communication among
interrelated departments and divisions,provide opportunities for public gatherings and
interaction,and support and enhance the development of a pedestrian corridor along 450
South established by the axis between the Matheson Courthouse,the City and County
Building,the Library Square block,and possibly further east toward 400 East.
E. The Central Community Mast Plan outlines design policies for protecting the East
Downtown View corridor,which this site is in.The policies affecting the proposed text
amendment are stated below:
(Page 19,Urban Design policies)
"Protect view corridors,vistas,and focal points.Refer to the urban design map on page 87."
F. For further relevant Master Plan and Policy Considerations,see list starting on Page 9.
The following information was provided for the Council's formal meeting on November 16,2011. It is
provided again for reference.
FOLLOW-UP INFORMATION/OPTIONS:
During the Council work session briefing,much of the Council's discussion focused on the 450
south axis,and what could be done to ensure that this axis is preserved as properties develop in
the future. The Council may wish to consider the following options for addressing this issue:
1. Add a separate policy statement to the text of the Central Community Master Plan
that contains stronger language about preserving an easement along 450 South. The
following is a draft of potential language:"Any development between the City and
County building and Gilgal Gardens should consider preserving the 450 South
corridor as a priority."
2. Adopt a legislative intent requesting the Administration research the costs to acquire
an easement stretching east from the City and County Building to Gilgal Gardens
along the 450 South Corridor,and request a briefing so that these costs can be
reviewed in context with other priorities for mid-block accesses around the City.
5
3. Adopt a legislative intent requesting the Administration return to the Council with
options (easement,overlay, density credits),for ensuring that future developments
between 400 and 500 South from the City and County Building to Gilgal Gardens
preserve the 450 South axis.
POTENTIAL MOTIONS:
["I move that the Council"] Adopt an ordinance amending the text and future land use map of the
Central Community Master Plan to encourage future civic uses to concentrate near existing civic uses in
the East Downtown Area, and change the designation of the land located within the bloc bounded by 300
East,400 South,400 East, and 500 South to Civic/Mixed Use,pursuant to No. PLNPCM2009-0142.
And/Or
2. Consider adding any or all of the options for additional master plan statements or legislative intents
listed above.
3. And/Or
4. ["I move that the Council"] Not adopt the ordinance.
The following information was provided previously for the Council Work Session on October 19,
2010. It is provided again for your reference.
KEY ELEMENTS:
H. An ordinance has been prepared at the Mayor's request for Council consideration to amend
the Central Community Master Plan (2005)for the block bounded by 400 South,500 South,
300 East and 400 East,in the following general ways (detailed changes are listed in item C):
1. Designate the subject block as"Civic/Mixed Use" in the future land use map (note:
this is a new land use designation -see Matters at Issue section). ^�
2. Encourage future civic uses to concentrate near existing civic uses,particularly the
City and County building,to encourage efficient services and improve access for
businesses and residents,designed in such a way as to provide a transition from the
Central Business District to the Central City neighborhood;
3. Create a corridor at approximately 450 South which should be supported and
enhanced in the area immediately to the east of the City and County Building with a
mix of land uses such as government,public safety,medium to high density
residential, ground level interactive uses,cultural facilities, and open space
enhancements;
4. Encourage incorporation of residential uses as a part of redeveloped land in the East
Downtown area,specifically the,Public Safety Building project.
I. The ordinance was prepared to amend the'master plan to reflect the voter-approved Public
Safety Facility,as well as provide a.context for the future development of the block.
J. The following are the specific amendments to the Central Community Master Plan(noted in
bold italic underlined text):
1. Amend the Central Community Master Plan Future Land use Map for the block
bordered by 400 South,500 South,300 East and 400 East to reflect"Civic/Mixed
Use" designation.
2. (Lower Center Column - page 9) In the 400 South TOD zone, this plan
recommends creating a new interior pedestrian corridor along 450 South between 200
and 700 East with a possible extension to Gilgal Garden between 700 and 800 East.
The light rail line along 400 South strongly supports this land use change, which will
evolve gradually as the possibilities become apparent to residents and developers.
The 450 South Corridor can be supported and enhanced in the area immediately to
6
the east of the City and County Building with mixed land uses such as Salt Lake
City government administration,courts,public safety administration,ground level
interactive uses(small retail,offices,public gatherings),cultural facilities,medium
to high density residential,as well as open space enhancements.
3. (Lower Center Column-page 12)Government land use:This land use includes
facilities operated by Federal,State,County,and City agencies,such as storage yards,
recreation centers,jails and courts,fire stations,police stations,professional offices,
and libraries.These facilities may be located generally throughout the central
business district,with smaller neighborhood oriented service facilities located in
neighborhoods.Concentration of local government administration and office
facilities,particularly Salt Lake City administration,courts,public safety and
cultural facilities near the City and County Building will help create efficiencies in
services which are often interrelated,and help improve access to services for local
residents and businesses.Applying sound urban design principles and appropriate
architectural character to these uses will also provide a positive transition from the
Central Business District to the Central City Neighborhood
4. (Top of Center Column-page 13)Expansion of large-scale medical facilities and
services within the Central Community will take place in the Gateway and Downtown
areas of the community.Cultural and governmental land uses will also be encouraged
to expand within the downtown area,with Salt Lake City administration,courts and
cultural facilities concentrated in the vicinity of the City and County Building.
5. (Middle of Right Column-Table-page 13)Policy INSLU-4.0 Provide government
facilities accessible to the public that meet the needs of the community.
INSLU-1.1 Ensure that transportation and vehicle circulation impacts are mitigated
when expansion or intensification of an institutional land use occurs. Encourage
incorporation of residential uses as part of or near new or redeveloped
Institutional use projects in the East Downtown area,e.g.the Public Safety
Building project.
INSLU-4.1 Encourage the concentration of federal,state,and local government
office facilities,and courts,and cultural facilities in or near the Central Business
District with convenient access to light rail in order to provide easy availability to
the greatest number of people.
INSLU-4.2 Encourage neighborhood participation in volunteer crime prevention
and emergency response programs.
INSLU-4.3 Ensure City and encourage Federal State and County entities that the
architecture of new government or public buildings complements and enhances the
urban design of the community and the landscaping achieves continuity among
neighboring government building sites.
INSLU-4.4 Concentrate the development of Salt Lake City administration,courts
and cultural facilities near the CO and County Building to encourage efficient
services,improve access for businesses and residents,facilitate improved work
and communication among interrelated departments and divisions,provide
opportunities for public gatherings and interaction,and support and enhance the
development of a pedestrian corridor along 450 South established by the axis
between the Matheson Courthouse,the City and County Building,the Library
Square block,and possibly further east toward 400 East.
7
K. The Administration's transmittal notes the following:
1. The current designations in the Central Community Master Plan future land use
map for the subject block are High Density Transit Oriented Development,High
Density Mixed Use,General Commercial, and Residential Mixed Use (see attached
map).
2. The current zoning designations for the parcels within the subject block are Transit
Corridor (TC-75) along 400 South,and Residential Office (RO) in the south east
corner of the block,and Residential Mixed Use (RMU)in the remainder of the block.
3. Current uses on the block are lintted:to office and retail.
4. Originally the Administratii n,proposed designating only the western half of the
block as"Civic/Mixed Use, l dwever,after the original proposal was presented to
the Planning Commission arid feedback was received,the Administration decided to
pursue designating the entire block as"Civic/Mixed Use." This would allow for
greater flexibility in developing the Public Safety building project as well as allow
for a softening of edges between government uses,commercial uses,high density
residential uses,and the lower density residential uses to the East. The Planning
Commission comments and concerns from the first discussion informed the
Administration's revised proposal.
5. Planning notes that the concept of concentrating civic uses has been discussed by
past administrations as far back as 1943 (see Master Plan and policy considerations
item D).
6. Planning also notes that the location of the proposed Public Safety Building would
maximize access to transit for those that use the building,as well as provide an
opportunity to further delineate and enhance the axis along 450 South.
7. According to the Administration-the"Civic/Mixed Use" designation would allow
for all current zoning and uses currently on the block,as well as government
facilities,residential,office;retail and cultural uses.
8. Planning Staff notes that"culturari uses were included in the potential uses for this
block in order to allow fledibility*.developing the public open space on the block
(potential for concerts,mafket oi'otTer large public gatherings).
9. The petition from the Admmistratidit notes that they will not necessarily pursue
rezoning of the entire block;but rather will pursue rezoning of the Public Safety
Building"quadrant" only,to a Public Lands (PL) designation (staff note: Government
facilities are allowed in the R LI zone as a conditional use).
L. Currently the City owns property along the western half of the block, generally from 300
East to Blair Street(with the exception of the Salt Lake Roasting Company). The Council
will be receiving a detailed briefing from the Administration regarding the latest plans for
the Public Safety Facility on November 9th. Generally speaking,the current plan for the
City's property is as follows:
1. Develop the south west quadrant of the block into a Public Safety Administration
Building.
2. Develop the axis along 450 South and orient the Public Safety Building towards this
axis,creating public spaces complimentary to the public open spaces to the west.
3. Because the north west quadrant of the block is not longer required for development
of the Public Safety Building, decide on the future use of the Barnes Bank building,
and potentially issue an RFP for development of that quadrant. Previous
presentations by the Administration have indicated that they intend to issue an RFP -�
that would call for a transit-oriented mixed-use development, with a strong housing
8
component. The Council may wish to ask for an update on the status of the Barnes Bank
Building,and any impact that may have on the bond proceeds used to purchase the building.
4. Because the City is the current property owner for the land in the north western
quadrant of the block,it can retain a certain amount of control in what is eventually
built on the property.
M. Public Comments-Planning staff held an open house for this project on January 14,2010.
Eight people attended. Most questions related to the design of the Public Safety Building
and surrounding site. Other comments came from surrounding businesses wondering how
the extension of Blair Street would potentially impact their businesses. The owners of
Freshman's Jewelers(353 East 500 South)also expressed concern that the project would
move them from their location(staff note:the City has not expressed a desire to expand the Public
Safety Building project farther to the east along 500 South,and would therefore the City's project will
not require them to relocate).
N. The Planning Commission held public hearings on this petition on March 24,2010,and June
23,2010. As stated earlier,the first time the Planning Commission discussed this issue,only
half of the block was proposed to be designated as"Civic/Mixed Use."The Administration
then revised their proposal to include tha full block,and presented it to the Planning
Commission again on June 23.
1. The discussion in March revolved around concerns for the development of housing,
as well as concerns that the"edge"between the government facilities and
development to the east was too harsh. The planning commission voted
unanimously(8-0)to forward a positive recommendation for the master plan
amendment.
•
2. The discussion in June also involved concerns for the development of housing on the
block and how specific language in a master plan should be regarding use when a
mix of uses is desired.
•A constituent spoke at the public hearing and asked that language be more
specific to include housing,since other uses in the block have failed to
produce the amount of housing desired.
•The owner of the Freshman property(350 East 500 South)stated that they
worried that eventually they would need to be relocated,but that overall
they thought the Public Safety Building at that location would make the area
safer.
•Commissioners stated that they appreciated the Administration's change in
allowing for flexibility and a softening of the"edge"between government
facilities and development to the north and east.
•The planning commision'agreed that language should be added to
emphasize the importance of housing in the block and further emphasize the
importance of the landscaping continuity between the Public Safety and
Library blocks. With those additions,the Planning Commission voted to
forward a positive recommendation to the City Council. Those additions
have been made in the ordinance that is before the Council.
MATTERS AT ISSUE:
A. The Downtown neighborhood planning area is defined by the Central Community Master
Plan as stretching from South Temple to 900 South,300 West to 200 East. Currently the plan
recommends government uses locating in the Downtown Planning area. Planning has
proposed amending the plan to encourage government uses to locate"in the vicinity of'the
City and County Building,which could be interpreted to allow the Public Safety Building to
be developed on 300 East,technically outside the Boundary. Because the Downtown Main
9
Library is already outside of the"Downtown Planning Area"the Council may wish to adjust the
boundary of the downtown planning area between 400 and 500 South,to include the existing and
proposed government uses.
B. The land use designation of"Civic/Mixed Use"will be a new land use designation in the C
Central Community Master Plan AS weI a`s the entire City. The Council may wish to ask the
administration if it will be recommending'a combination of existing zones to fall within this new
future land use designation,or if a neto zoning category will be created.
C. The current zoning(Transit Corridor,Residential Office,Residential Mixed Use)does not
guarantee that housing will be built as a part of any development,although in some cases
housing is encouraged. There is no housing currently on the block,although in developing
the Central Community Master Plan,the importance of housing in East Downtown was
emphasized.The future land use designation also does not guarantee that housing will be
built as a part of any future development.Planning Staff responded to this concern(which
was raised by a constituent in the planning commission public hearing)by adding the
amendment to INSLU-1.1(item C.5 above),encouraging residential uses as part of
redevelopment of the block. The Council may wish to consider a legislative intent specifying that
housing should be a component of a development of land owned by the City on the corner of 400
South and 300 East.
MASTER PLAN AND POLICY CONSIDERATIONS:
A. The block east of the Library along 300 South contains Transit Corridor(TC-75)and
Residential Mixed Use(RMU)zoning designations,and Residential Office(RO).The Transit
Corridor zoning designation fronts4001South.
a. The purpose of the TC-75 Transit Corridor District is to provide an environment for
efficient and attractive transit and pedestrian oriented commercial,residential and
mixed use development along major transit corridors.The design guidelines are
intended to create a pedestrian friendly environment and to emphasize that
pedestrian and mass transit access is the primary focus of development.
b. The purpose of the R-MU Residential/Mixed Use District is to reinforce the
residential character of the area and encourage the development of areas as high
density residential urban neighborhoods containing supportive retail,service
commercial,and small scale office uses.The design guidelines are intended to
facilitate the creation of a walkable urban neighborhood with an emphasis on
pedestrian scale activity while acknowledging the need for transit and automobile
access. Government uses and facilities are allowed in this zone as a conditional use.
Pedestrian pathways and greenways are allowed as a permitted use.
c. The purpose of the RO Residential/Office district is to provide a suitable
environment for existing and future mixed use areas consisting of a combination of
residential dwellings and office use.This district should encourage the maintenance
and rehabilitation of appropriate existing buildings and neighborhood scale.
Government uses and facilities are allowed in this zone as a permitted use. Pedestrian
pathways and greenways are allowed as apermitted use.
B. The stated intent of the Central Community Master Plan(2005)is to create a future
community based on four fundamental goals:
5. Livable communities and neighborhoods
6. Vital and sustainable commerce
7. Unique and active places
8. Increased pedestrian mobility and accessibility
10
C. The following are key points mentioned in the Master Plan that may be relevant to the
Administration's proposal:
1. The Master Plan states the following as a goal-encouraging unique and active
places,including new places where people can gather,meet,socialize and recreate
are created using design excellence and shared resources. Existing destination
centers and gathering places are enhanced through urban design recommendations.
2. The subject property is in the Central City small neighborhood planning area(a 40-
block subsection stretching from 200 to 700 East,South Temple to 900 South). The
following are relevant goals and issues identified specific to the Central City
neighborhood planning area,that the Council may wish to consider:
• Introduce reduced street width and street park elements in residential
neighborhoods.
• Target at-grade parking Tots for mixed-use development projects.
• Ensure that land-use policies reflect a respect for the eclectic architectural
character so that this area.does not remain as just an interim zone between
Downtown and more desirable neighborhoods to the East and North;
• Place special emphasis on buffers,transition zones,or insulation to
minimize negative impacts from incompatible uses.
• Create more open space and recreational areas in the East Downtown
neighborhood;
• Replace commercial strip development with more diverse and pedestrian
oriented activities with a mixture of retail,entertainment and restaurants;
3. The Central Community Master Plan indicates that there is a neighborhood park
deficiency in the Central City neighborhood planning area(4.5 existing park acres,
Population 9,327,11.65 acres desired based on the neighborhood park standard of
1.25 acres per 1000 persons).
4. The following are stated goals of the Central Community Master Plan relating to
institutional land uses:
• Mitigate the impacts of institutional land uses on surrounding residential
neighborhoods;
• Promote the use of parks and plazas for cultural events and ensure that the
size of the event does ioi exceed the facility's capacity;
• Provide government facilities accessible to the public that meet the needs of
the community;
• Encourage the concentration of government office facilities and courts in
the Central Business District with convenient access to light rail in order to
provide easy availability to the greatest number of people;
• Ensure City and encourage Federal,State and County entities that the
architecture of new government or public buildings complements and
enhances the urban design of the community.
5. The following are stated goals of the Central Community Master Plan relating to
open space:
• Encourage the development of passive neighborhood parks,community
gardens,dog parks,and open space areas;
• Protect natural open space areas within the Central Community;
• Expand open space and recreation areas with development of Library
Square;
• Pursue changing vacant lots to improved open space areas;
11
• Provide adequate, safe and accessible recreation opportunities by
preserving existing.parks,'ensuring adequate maintenance and repair of
parks and open space,promoting multiple use of park and recreation
facilities and increasing the amount of parks and usable open space in
order to achieve national standards for park space.
6. The following are stated goals of the Central Community Master Plan relating to
transit oriented development:
• At light rail stations in TOD districts,establish a centralized core of land uses
that support transit ridership. Anchor transit centers with land uses that act
as destination points(TOD 2.2).
• Encourage a variety of commercial uses that share the same clientele and
patrons. For example,movie theaters provide a clientele to patronize
restaurants,arcades,and retail businesses (TOD-2.3).
• Based on the Future Land Use Map,establish transit oriented districts with
a range of land use densities;
• Encourage the development of mixed-use projects near light rail stations to
create a livable,walkable urban environment;
D. Planning staff located a plan for a proposed Civic Campus dated 1943 (see attached map),
showing the block to the east of the librars!;as a government/cultural facility.
E. In January 2003, the Council adopted the following statements on Downtown(note: this is
an excerpt from a larger policy document on Downtown. Council Staff can provide this on
request):
7. City's Leadership Role
i. The City can and should be a vigorous advocate of downtown,encouraging
business investment,working to retain as well as attract businesses to
downtown,and making it easy to do business in the City. The City's
advocacy should include being proactive to make businesses feel welcome in
and a part of Salt Lake City.
ii. The City Council recognizes that many decisions affecting the fate of
downtown must be made by the private sector. There is much City
government can and should do to encourage a healthy downtown. And yet
it must be remembered that the City,through the tools available to it,is a
catalyst and coordinator,not a wealth-creator in and of itself.
iii. City government should provide focus and leadership to encourage and
support private efforts leading to downtown investment. It should make
sure that its roles - including but not limited to infrastructure,business
licensing,regulatiotiiy.zonipg;and code enforcement and public safety — are
done efficiently,effectively,and in a way that encourages rather than
discourages private,investment.
iv. The City should encourage and facilitate communication and cooperation
among the various private and public interests who have a stake in
downtown,such as the Downtown Alliance,the Salt Lake Chamber of
Commerce,the Economic Development Corporation of Utah, the Downtown
Merchants Association, the Salt Lake Convention and Visitors Bureau, and
County,State and Federal governments.
v. The City should leverage its resources as much as possible by encouraging,
7.)
utilizing, and not duplicating, the services of private non-profit organizations
including the Downtown Alliance, the Salt Lake Chamber of Commerce, and
12
the Economic Development Corporation of Utah,in furthering the City's
goals for downtown.
8. Build Upon Downtown's Strengths and Uniqueness
vi. People will come downtown when it provides an experience or opportunity
they can't find in their own.neighborhoods. Salt Lake City must distinguish
itself from the suburbs hy,building upon what is unique to downtown—
things that cannot be experienced anywhere else.
vii. The City Council supports a greater emphasis on leveraging historic
preservation as an economic development tool by working more closely with
the Utah Heritage Foundation to find opportunities to use Salt Lake City's
historic buildings in new and exciting ways,for office,cultural,retail,and
institutional uses.
viii. Despite numerous efforts to promote downtown,for too long Salt Lake City
too often has assumed that downtown will attract people just because it
exists. The time is long past when people will come to downtown because it
is the only place to shop,eat at a restaurant,or see a movie. The City Council
encourages greater efforts to market downtown to people where downtown
is geographically the closest retail shopping area.Marketing campaigns
should target Salt Lake City residents,the daytime population,particularly
office workers,University of Utah employees and students,visitors,and the
suburban population,particularly residents of South Davis County.
1. The City Council supports encouraging the Downtown Affiance and
Downtown Merchants associations to promote joint marketing
opportunities,such as seeing the Utah Symphony and enjoying a
dinner or staying the nirrht in downtown hotels. The Council
supports mai'ketMgtanlpaigns targeting University of Utah
:,:( : employees and students to•come downtown for restaurants,
entertainment and shopping and to our own residents who shop in
suburbs rather than coming downtown.
2. The City Council supports the development of other anchors to Main
Street,in addition to retail,that will attract people to the City's core.
Anchors could include museums,a Broadway-style theater,Olympic
legacy or other similar attractions that would provide unique"draws"
to downtown.
9. Take the long view rather than focusing on quick fixes
ix. While there are some immediate steps that should be taken during the next
one to three years,City policy-makers must resist the temptation to think
short-term and instead take a long-range view of how decisions now will
0111 impact the City five,ten,even twenty years into the future.
x. The City Council believes that the elements of sound development and
marketing strategies for the downtown already exist in available plans and
studies.The Council believes that the time for additional plans and studies
have past,and the time for implementing a coherent,rational,and achievable
program is now.
xi. The City Council urges tip Mayor and his administration to fashion an
implementation program'based on existing plans and strategies and carry out
the implementation.'' .' ` '
xii. To keep the City Council and general public involved and informed of
specific program steps taken and tied to long-term priorities with measurable
benchmarks,the City Council supports having the Administration provide
13
updates to the Council and the public on the programs implementation.
Regularly,the Administration should share,on a confidential basis as •
needed,its efforts with a subcommittee of the Council that will include •
representatives of Council and Redevelopment Agency leadership.
10. Support All facets of Downtown Development
xiii. Too often the focus on downtown is on just one aspect of downtown-such
as nightlife or retail-while failing to recognize that a successful downtown
is made of several important elements.
xiv. Each element is important in its own right,but,like an ecosystem,the success
of each is intertwined and interdependent.These elements can be
summarized as follows and measured by the criteria listed under each
section:
1. Business cer ter,pioyiding the premier location for a variety of
businesses,in particular,local,regional,and where possible national
headquarters:
a. Indicators of success include:
i. Square footage and type of office space in the
downtown inventory
ii. The vacancy rate
iii. The number and size of"headquarters"located in the
downtown.
iv. New businesses relocating to the Central Business
District.
v. Existing businesses expanding at their present
locations in the Central Business District.
vi. Existing businesses renewing their leases.
2. Retail,supporting the retail needs of daytime population and
drawing people to the downtown.
a. Indicators of success include:
i. Number of jobs generated
ii. Square footage of retail
iii. Total retail sales and retail sales per square foot at each
'Cof t1{a major retail destinations.
iv. Sales tax revenue generated.
3. Institutional Center
a. Indicators of success include:
i. Increased presence of county,state and federal offices
ii. Presence of educational facilities available to the public
4 Loqi410014,410relateL:Pttl1ic:faclittes
a. Indicators of success include:
i. Well-maintained public infrastructure
ii. Continued development of efficient public
transportation systems with easy access to homes and
businesses and connected to a wider area
5. Arts,culture,entertainment and nightlife,providing unique
entertainment and cultural opportunities for residents throughout
the region and visitors
a. Indicators of success include:
i. Sales generated
ii. Number of nights of entertainment offerings
14,
Location of new entertainment and cultural facilities
including theater for Broadway productions and
museums
6. Tourism including convention visitors
a. Indicators of success include:
i. Convention bookings
ii. Hotel occupancy rate
7. Housing—available at all ranges of income levels—will further
enhance the livability and vibrancy of downtown
a. Indicators of success include:
i. The number of housing units
ii. Vacancy rates
iii. Population
iv. The mi(of market rate,middle income,affordable and
low income housing units
F. Existing Council policy supports using zoning to maintain the residential population base
within the City and to encourage population expansion. The Council policy notes that
residential uses should have residential zoning classifications.
G. 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.
H. While the proposed project is not located immediately adjacent to the Downtown Zoning
districts,the Council may wish to consider the purpose statements outlined for the
downtown zoning districts.
a) The purpose of the D-1 zoning district is to foster an environment consistent with the
area's function as the business,retail and cultural center of the community and the
region. Inherent in this purpose is the need for careful review of proposed
development in order to achieve established objectives for urban design,pedestrian
amenities and land use control,particularly in relation to retail commercial uses.
• In the D-1 Zoning district,when an entire block face is under one ownership
(as would likely be the case for the Public Safety Building),no yard can exceed
25 feet,except by conditional use.
• If the Public Safety Building does not take up an entire block face,no yard can
exceed 5 feet except by conditional use,requiring design review by the
Planning Commission.
b) The purpose of the D-2 zoning district is to accommodate commercial uses and
associated activities that relate to and support the Central Business District,but do
not require a location within the'Central Business District. Development within the
D-2 Downtown Support District is also less intensive than that of the Central
Business District.
• No building may exceed 65 feet in height except by conditional use. With a
conditional use,no building may exceed 120 feet in height.
• There are no minimum or maximum yard requirements.
CHRONOLOGY:
15
Please refer to the Administration's transmittal for a complete chronology of events relating
to the proposed text amendment.
• November 3,2009 Voters approve Public Safety Facilities bond.
• December 29,2009 Petition assigned
• January 14,2010 Planning Open House
• March 24,2010 Planning Commission Hearing
• June 23,2010 Planning Commission Hearing of revised proposal
• September 2,2010 • Ordinance received from City Attorney
• September 16,2010 ' Transmittal received in City Council Office
cc: David Everitt,DJ Baxter,Rick Graham,Ed Rutan,Lynn Pace,Paul Neilson,Frank Gray,
Mary De La Mare-Schaffer,Wilf Sommerkorn,Casey Stewart,Janice Jardine,Nick
Tarbet
File Location:Community and Economic Development Dept.,Planning Division,Master Plan
Amendment,Public Safety Building
16
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ATTACHMENT C
Example of a similar monopole communication tower
Aurora, Illinois Public Safety Building
•
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RECEIVED SCANNED TO•
A `
I _I\Uagit .OII„ (11 SCANNED BY:
DEPARTMENT OF COMMUNITY & ECOSteseeyformEtlt.T�� DATE• ' I ,i
OFFICE OF THE DIRECTOR ���IVVIIr��iLL��JJrr�r-- /
CITY COUNCIL TRANSMITTAL p E g ] I d 1
alai
_ MAR 1 2011
I `'' Date Recei��l:
Davi Everitt, C,ief of Staff Date sent to Council: 03 O/ Sp/1
TO: Salt Lake City Council DATE: March 1, 2011
Jill Remington Love it
FROM: Frank Gray, CED Di ctor
SUBJECT: Zoning Map and Ordinance a me ated to the Public Safety Building
project.
STAFF CONTACT: Casey Stewart, Planning Division
COMMISSION MOTION & FINDINGS:
[Planning Commission]
Commissioner Luke motioned as to PLNPCM2oo9-01424 the Public Safety Building Zoning
Amendments: based on the findings in the staff report and the discussion at the hearing, that the
Planning Commission find the proposed amendments adequately meet the standards for general
zoning text and map amendments, and therefore transmit a positive recommendation to the City
Council to adopt the amendments as proposed.
Commissioner Gallegos seconded the motion. Commissioner Woodhead inquired as to whether
the motion was intended to include language for restricting the communication tower type to a
monopole, as previously discussed by Commissioner Drown.
Commissioner Luke amended the motion to include language limiting the communication tower
type to a single monopole in the PL and PL-2 districts. Commissioner Gallegos also accepted
Commissioners Luke, Gallegos, Drown, and Woodhead voted"Aye"; Commissioner Dean voted
"Nay". Chairman Fife did not vote.
RECOMMENDATION: The City Council holds a briefing and schedules a public hearing.
•
451 SOUTH STATE STREET, ROOM 404
P.O. BOX 145486, SALT LAKE CITY, UTAH 841 14-5486
TELEPHONE: B01-535-7105 FAX: B01-535-6005
Re:PLNPCM2009-01423 Master Plan Amendment for Public,A,,feta ltin,project 1
RECYCLED PAPER
BACKGROUND/DISCUSSION:
Issue Ori,>Din:
Zoning Map Amendment
Mayor Becker initiated a request to amend the Salt Lake City Zoning Map and Ordinance for properties
associated with the Public Safety Building project. Last year,2010,the Central Community Master Plan
was amended to designate the block east of the City Library as Civic/Mixed Use. This zoning
amendment request is a follow-up to that process and the next step in the project. The subject properties,
acquired by the City, are currently zoned:
Transit Corridor(TC-75)
Residential-Mixed Use (R-MU)
Residential Office (RO)
The proposal is to change the zoning of the properties involved in the project to:
Transit Corridor(TC-75
Public Lands (PL-2)
The proposed PL-2 zoning district allows for government offices along with other community type uses
such as theater, retail, schools, amphitheater,offices,and art galleries. The City Library block is also
zoned PL-2,thereby allowing similar uses and continuity between the blocks.
Zoning Text Amendment
The second part of this amendment relates to the communication tower needed to service the proposed
building. The designed tower would consist of a single monopole structure,mounted on the ground,and
be between 100 feet and 140 feet tall. Currently,the PL districts(PL and PL-2)do not allow
communication towers that exceed allowed building height,which is 75 feet. This part of the amendment
includes a request to modify the PL districts to allow for a communication tower to exceed building
height only when it is government owned and operated for public safety purposes.
Proposal:
Modify Table 21,4.32.140 Table of Permitted Uses For Special Purpose Districts to include
"communication towers, exceeding the maximum building height"as a permitted use (P) for the
Public Lands zoning districts (PL, PL-2) with the qualifying provision of:
"Maximum of one monopole per property and only when it is government owned and
operated for public safety purposes. "
Analysis:
The purpose of the PL-2 district is "to specifically delineate areas of public use and to control the
potential redevelopment of public uses, land and facilities in an urban context." The subject
property is an urban site on the edge of the downtown area. This zoning district allows for the
types of uses—government offices, public plaza, and community events - and development
anticipated to occur with the Public Safety Building project. The City Library block is also
zoned PL-2, allowing for better coordination of uses, site design, and property use among the
informal civic campus consisting of the City Administration building, the City Library, and the
future Public Safety Building.
Re:PLNPCM2009-01423 Master Plan Amendment for Public Safety Building project 2
The portion of the amendment related to communication towers, while opening the door for
communication towers in the PL zones, is worded to mitigate the number of towers by
establishing strict and specific qualifying provisions for such towers. Furthermore, the PL zones
are categorized as "special purpose districts" and are not found in large numbers throughout the
city. Their purpose is limited in scope and therefore worries about the proliferation of
communication towers in these districts would be unfounded.
Retaining the TC-75 zone along 400 South will continue the City's intent for transit oriented
development for the 400 South corridor. The Planning Division is currently working on a project
to shift the zoning in this corridor to a form-based zoning similar to what was recently
implemented for the North Temple Boulevard corridor.
Master Plan Considerations
The Public Safety Building site is within the Central Community Master Plan area. The master
plan objectives and policies related to this site are re-iterated below and demonstrate that the
proposed map amendment is consistent with those objectives and policies.
{Page 9, Future Residential land use changes}
The 450 South Corridor can be supported and enhanced in the area immediately to the east
of the City and County Building with mixed land uses such as Salt Lake City government
administration, courts, public safety administration, ground level interactive uses (small
retail, offices, public gatherings), cultural facilities, medium to high density residential, as
well as open space enhancements.
{Page 12, Government Land Use}
"Concentration of local government administration and office facilities, particularly Salt
Lake City administration, courts, public safety and cultural facilities near the City and
County Building will help create efficiencies in services which are often interrelated, and
help improve access to services for local residents and businesses. Applying sound urban
design principles and appropriate architectural character to these uses will also provide a
positive transition from the Central Business District to the Central City Neighborhood. "
{Page 13, Policies for Institutional Land Use}
INSLU-4.4 Concentrate the development of Salt Lake City administration, courts and
cultural facilities near the City and County Building to encourage efficient services, improve
access for businesses and residents,facilitate improved work and communication among
interrelated departments and divisions, provide opportunities for public gatherings and
interaction, and support and enhance the development of a pedestrian corridor along 450
South established by the axis between the Matheson Courthouse, the City and County
Building, the Library Square block, and possibly further east toward 400 East.
The Central Community Mast Plan outlines design policies for protecting the East Downtown
View corridor, which this site is in. The policies affecting the proposed text amendment are
stated below:
Re:PLNPCM2009-01423 Master Plan Amendment for Public Safety Building project 3
{Page 19, Urban Design policies}
"Protect view corridors, vistas, and focal points. Refer to the urban design map on page
87. "
The proposed text amendment related to communication towers would allow them in the PL
zones, which currently do not allow communication towers to exceed building height. This
conflicts in part with the policy to protect the view corridor; however, with the strict qualifying
provisions proposed, this would be the only communications tower that would exceed allowed
building height on a PL property. The actual Public Safety Building has been designed to be
lower in height and arranged to retain the established view corridor. In this case, the planning
commission (and city council) must weigh the benefits of the project and potential impact on the
view corridor of this single tower, with the policies of the master plan.
The proposed text change conflicts with the urban design policies of the Central Community
Master Plan, but in contrast, would support the other City policies as noted previously in the
zoning map amendment analysis.
PUBLIC PROCESS:
The proposed amendments were presented to the Central City Community Council on February
2, 2011. Comments from attendees of the meeting addressed diminishing residential
development around these civic blocks, the communication tower height, and building design.
The comments are included with the staff report for the Planning Commission as Attachment B.
Staff sought comments from numerous City departments. No departments had any objections
and one department raised a concern related to building encroachment into front and side yard
setbacks. The actual site and building design will be reviewed through the planned development
process by the Planning Commission at a future date.
The Planning Commission held a public hearing on February 23, 2011. No citizens attended the
hearing to offer comment. The Planning Commission held a brief discussion and then
recommended approval of the zoning map amendment as proposed, and approval of the text
amendments with an additional design qualifier that the communication tower be a monopole.
The Planning Commission passed a motion to recommend approval of the proposed amendments
to the City Council. The vote was four in favor; one opposed.
RELEVANT ORDINANCES:
Standards for General Amendments 21A.50.050
A decision to amend the text of the Zoning Ordinance 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.
Re: PLNPCM2009-01423 Master Plan Amendment for Public Safety Building project 4
Zoning Text, 21A.50.050.A
In making its decision concerning a proposed text amendment, the City Council should consider
the following:
1. Whether a proposed text amendment is consistent with the purposes, goals, objectives,
and policies of the City as stated through its various adopted planning documents;
2. Whether a proposed text amendment furthers the specific purpose statements of the
zoning ordinance.
3. Whether a proposed text amendment is consistent with the purposes and provisions of
any applicable overlay zoning districts which may impose additional standards.
4. The extent to which a proposed text amendment implements best current, professional
practices of urban planning and design.
Zoning Map, 21A.50.050.B
In making a decision to amend the zoning map, the City Council should consider the following:
I. Whether a proposed map amendment is consistent with the purposes, goals, objectives,
and policies of the City as stated through its various adopted planning documents;
2. Whether a proposed map amendment furthers the specific purpose statements of the
zoning ordinance.
3. The extent to which a proposed map amendment will affect adjacent properties.
4. Whether a proposed map amendment is consistent with the purposes and provisions of
any applicable overlay zoning districts which may impose.
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, storm water drainage systems, water supplies, and wastewater and
refuse collection.
Re.PLNPCM2009-OI423 Mastei Plan Amendment for Public Safety Budding project 5
TABLE OF CONTENTS
1. PROJECT CHRONOLOGY
2. ORDINANCE
3. NOTICE OF CITY COUNCIL HEARING
4. MAILING LABELS
5. PLANNING COMMISSION
A) ORIGINAL HEARING NOTICES AND POSTMARK
B) STAFF REPORT
Attachment A: Map of proposed zoning
Attachment B: Public Comments
C) MINUTES
February 23, 2011 —Planning Commission
6. ORIGINAL PETITION
PROJECT CHRONOLOGY
Petition PLNPCM2009-01424
December 29, 2009 Petition initiated and assigned to Casey Stewart, principal planner for staff
analysis and processing. Amendment is to be processed subsequent to the
master plan amendment.
February 2, 2011 Applicant and Planning staff attended Central City Community Council to
present project and gather public input.
February 11, 2011 Newspaper(Salt Lake Tribune)publication of Planning Commission
public hearing notice for February 23, 2011 hearing.
February 23, 2011 Planning Commission held a public hearing and voted to forward a
favorable recommendation to the City Council.
February 24, 2011 Ordinance requested and received from City Attorney's office.
March 9, 2011 Planning Commission ratified minutes of February 23, 2011 meeting.
SALT LAKE CITY ORDINANCE
No. of 2011
(Amending the text of section 21A.32.140 of the Salt Lake City Code pertaining to
communication towers and amending the zoning map pertaining to a portion of the land bounded
by 400 South and 500 South Streets and 300 East and 400 East Streets from TC-75 (Transit
Corridor), R-MU (Residential Mixed-Use), and RO (Residential/Office) to TC-75 (Transit
Corridor) and PL-2 (Public Lands)
An ordinance amending the text of section 21A.32.140 of the Salt Lake City Code
pertaining to communication towers and amending the zoning map to re-zone a portion of the
land bounded by 400 South and 500 South Streets and 300 East and 400 East Streets from TC-75
(Transit Corridor), R-MU (Residential Mixed-Use), and RO (Residential/Office) to TC-75
(Transit Corridor) and PL-2 (Public Lands) pursuant to Petition No. PLNPCM2009-01424, in
furtherance of the proposed Public Safety Building.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing. on February 23, 2011 on an application submitted by Mayor Ralph Becker
("Applicant") to amend the text of section 21A.32.140 of the Salt Lake City Code pertaining to
communication towers and to amend the City's zoning map (Petition No. PLNPCM2009-01424)
to re-zone a portion of the land bounded by 400 South and 500 South Streets and 300 East and
400 East Streets from TC-75 (Transit Corridor), R-MU (Residential Mixed-Use), and RO
(Residential/Office) to TC-75 (Transit Corridor) and PL-2 (Public Lands); and
WHEREAS, at its February 23, 2011 meeting, the Planning Commission voted in favor
of forwarding a positive recommendation to the Salt Lake City Council ("City Council") on said
application; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the City's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted
by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and
hereby is amended to reflect that a portion of the land bounded by 400 South and 500 South
Streets and 300 East and 400 East Streets (Tax ID. Nos. 16-06-331-006, 16-06-331-007, 16-06-
331-013, 16-06-404-001, 16-06-404-010, 16-06-405-008, and 16-06-405-020), and which is
more particularly described on Exhibit"A" attached hereto, shall be and hereby is re-zoned from
TC-75 (Transit Corridor), R-MU (Residential Mixed-Use), and RO (Residential/Office) to TC-
75 (Transit Corridor) and PL-2 (Public Lands) as depicted on Exhibit "A".
SECTION 2. Amending text of Salt Lake City Code section 21A.32.140. That section
21A.32.140 of the Salt Lake City Code (Zoning: Table of Permitted and Conditional Uses for
Special Purpose Districts), shall be, and hereby is amended to include "Communication towers, 40144,
exceeding the maximum building height" as a permitted use for the PL and PL-2 (Public Lands)
zoning districts with an accompanying qualifying provision regarding the number, ownership
and purpose of such communication towers exceeding the maximum allowed building height.
Accordingly, the codifier is instructed to amend only the "Communications towers, exceeding
the maximum building height" use category of the Table of Permitted and Conditional Uses for
Special Purpose Districts and only add qualifying provision no. 13 (leaving qualifying provisions
1-12 undisturbed) that such text affected by this amendment shall read as follows:
Permitted And Conditional Uses
RP BP FP .AG ;AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH : EI MU
Use
Miscellaneous: •
Communication C C •P GP13 P13 C C C
towers, exceeding the
7
maximum building
height ! j
Qualifying provisions:
13. Maximum of one per property and only when it is government owned and operated for
public safety purposes.
SECTION 3. Effective Date. This ordinance shall become effective on the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah, this day of
2011.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2011.
Published:
HBATTY-t'16791-vI-Ordinance_Rezoning_PSB properties.DOC
3
Exhibit A
Public Safety Building Zoning Map Amendment
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SALT LAKE CITY ORDINANCE
No. of 2011
(Amending the text of section 21A.32.140 of the Salt Lake City Code pertaining to
communication towers and amending the zoning map pertaining to a portion of the land bounded
by 400 South and 500 South Streets and 300 East and 400 East Streets from TC-75 (Transit
Corridor), R-MU (Residential Mixed-Use), and RO (Residential/Office) to TC-75 (Transit
Corridor) and PL-2 (Public Lands)
An ordinance amending the text of section 21A.32.140 of the Salt Lake City Code
pertaining to communication towers and amending the zoning map to re-zone a portion of the
land bounded by 400 South and 500 South Streets and 300 East and 400 East Streets from TC-75
(Transit Corridor), R-MU (Residential Mixed-Use), and RO (Residential/Office) to TC-75
(Transit Corridor) and PL-2 (Public Lands) pursuant to Petition No. PLNPCM2009-01424, in
furtherance of the proposed Public Safety Building.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on February 23, 2011 on an application submitted by Mayor Ralph Becker
("Applicant") to amend the text of section 21A.32.140 of the Salt Lake City Code pertaining to
communication towers and to amend the City's zoning map (Petition No. PLNPCM2009-01424)
to re-zone a portion of the land bounded by 400 South and 500 South Streets and 300 East and
400 East Streets from TC-75 (Transit Corridor), R-MU (Residential Mixed-Use), and RO
(Residential/Office) to TC-75 (Transit Corridor) and PL-2 (Public Lands); and
WHEREAS, at its February 23, 2011 meeting, the Planning Commission voted in favor
of forwarding a positive recommendation to the Salt Lake City Council ("City Council") on said
application; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the City's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted
by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and
hereby is amended to reflect that a portion of the land bounded by 400 South and 500 South
Streets and 300 East and 400 East Streets (Tax ID. Nos. 16-06-331-006, 16-06-331-007, 16-06-
331-013, 16-06-404-001, 16-06-404-010, 16-06-405-008, and 16-06-405-020), and which is
more particularly described on Exhibit "A" attached hereto, shall be and hereby is re-zoned from
TC-75 (Transit Corridor), R-MU (Residential Mixed-Use), and RO (Residential/Office) to TC-
75 (Transit Corridor) and PL-2 (Public Lands) as depicted on Exhibit "A".
SECTION 2. Amending text of Salt Lake City Code section 21A.32.140. That section
21A.32.140 of the Salt Lake City Code (Zoning: Table of Permitted and Conditional Uses for """"*
Special Purpose Districts), shall be, and hereby is, amended to include "Communication towers,
exceeding the maximum building height" as a permitted use for the PL and PL-2 (Public Lands)
zoning districts with an accompanying qualifying provision regarding the number, ownership
and purpose of such communication towers exceeding the maximum allowed building height.
Accordingly, the codifier is instructed to amend only the "Communications towers, exceeding
the maximum building height"use category of the Table of Permitted and Conditional Uses for
Special Purpose Districts and only add qualifying provision no. 13 (leaving qualifying provisions
1-12 undisturbed) that such text affected by this amendment shall read as follows:
7
Permitted And Conditional Uses
RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU
Use
Miscellaneous:
Communication C C P P13 P 13 C C C
towers, exceeding the
maximum building
height
Qualifying provisions:
13. Maximum of one per property and only when it is government owned and operated for
public safety purposes.
SECTION 3. Effective Date. This ordinance shall become effective on the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah, this day of
2011.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL)
APPROVED AS TO FORM
Salt Lake City Attorne}'s Office
Bill_ No. of 2011.
Published: Da1e t 'i t1�f 7
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Exhibit A
Public Safety Building Zoning Map Amendment
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NOTICE OF PUBLIC HEARING
The Salt Lake City Council will hold a public hearing regarding Petition PLNPCM2009-
01424, a request by Mayor Becker to amend the Salt Lake City Zoning Map and
Ordinance for properties associated with the Public Safety Building project. Zoning of
the properties would be changed from TC-75, R-MU, and RO to TC-75 and PL-2, in
conjunction with an amendment to the text of the PL and PL-2 districts to allow for a
communication tower to exceed building height only when it is government owned and
operated for public safety purposes.
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 contact Casey Stewart, Senior Planner, at 535-6260 between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday or via e-mail at casey.stewart@slcgov.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
City Council Office at 535-7600, or TDD 535-6021.
SLC Planning-Casey Stewart Cent Comm Council Chair-T. Mutter 16-06-405-010-0000
P.O. box 145480 228 E 500 S unit#100 376 EAST 400 SOUTH HOLDINGS LLC
Lake City, UT 84114-5480 Salt Lake City, UT 84111 500 LA GONDA WAY #STE 210
DANVILLE, CA 94526-1747
16-06-329-006-0000 16-06-451-013-0000 16-06-451-014-0000
ROTHMAN, NOEL FPA SLC ASSOCIATES, LLC FRODSHAM REAL ESTATE I, LC
311 S WACKER DR #STE 4190 433 LAS COLINAS E BLVD 8098 COTTAGE PINES CV
CHICAGO, IL 60606-6621 IRVING,TX 75039-5581 COTTONWOOD HEIGHTS, UT 84121-
5984
16-06-451-002-0000 16-06-451-006-0000 16-06-328-026-0000
DKL PROPERTIES LLC FAIRBANKS, MICHAEL L CENTRAL CHRISTIAN CHURCH
5985 HOLLADAY BLVD 83 S 900 E 370 S 300 E
HOLLADAY, UT 84121-1504 LINDON, UT 84042-2145 SALT LAKE CITY, UT 84111-2504
16-06-401-021-0000 16-06-406-018-0000 16-06-405-011-0000 •
CHILDREN'S CENTER WHITNEY INVESTMENT PROPERTIES AMERICAN INSURANCE & INVESTMENT
350 S 400E LLC CORP
SALT LAKE CITY, UT 84111-2908 435 S 400 E 448 S 400 E
SALT LAKE CITY, UT 84111-3353 SALT LAKE CITY, UT 84111-3357
16-06-405-012-0000 16-06-331-002-0000 16-06-405-004-0000
MAHONEY/AMENT PROPERTIES, LLC BOLTON,JOHN BOLTON,JOHN
460 S 400E #UPPR 320E 400 S 320E 400 S
SALT LAKE CITY, UT 84111-3319 SALT LAKE CITY, UT 84111-2902 SALT LAKE CITY, UT 84111-2902
16-06-401-012-0000 16-06-401-013-0000 16-06-405-008-0000
RB&K LLC RB&K LLC CELTIC BANK CORPORATION
333 E 400 S 333 E 400 S 340 E 400 S
SALT LAKE CITY, UT 84111-2901 SALT LAKE CITY, UT 84111-2901 SALT LAKE CITY, UT 84111-2937
16-06-378-002-0000 16-06-379-010-0000 16-06-405-019-0000
BEEHIVE BAIL BONDS CASHMORE,JAY W &SUSAN P;TRS BLDG CAT, LLC
268 E 500 S 312 E 500 S 343 E 500 S
SALT LAKE CITY, UT 84111-3204 SALT LAKE CITY, UT 84111-3309 SALT LAKE CITY, UT 84111-3315
16-06-405-016-0000 16-06-405-014-0000 16-06-406-017-0000
FRESHMAN ENTERPRISES MANN, WILLARD C. WAGSTAFF, DAVID B
353 E 500 S 353 E 500 S 1061 CRESTVIEW CIR
SALT LAKE CITY, UT 84111-3315 SALT LAKE CITY, UT 84111-3315 SALT LAKE CITY, UT 84108-2077
16-06-379-009-0000 16-06-378-003-0000 16-06-401-016-0000
MUTUAL VENTURES CORPORATION EIGHTH CORP OF CH OF JC OF LDS CARMON BLACK MANAGEMENT CO; ET
2157 LINCOLN ST 50 E NORTHTEMPLE #FL 22 AL
SALT LAKE CITY, UT 84106-2306 SALT LAKE CITY, UT 84150-0001 1010 PEAKS CIR
SALT LAKE CITY, UT 84117-7227
06-451-009-0000 16-06-451-008-0000 16-06-451-007-0000
_MAN, DEE ANDERSEN, DARVEL J;TR ANDERSON, DARVEL J;TR (DJA TRUST)
1763 PO BOX 333 STANTON AVE 333 STANTON AVE
SALT LAKE CITY, UT 84110-1763 SALT LAKE CITY, UT 84111-3519 SALT LAKE CITY, UT 84111-3519
16-06-331-007-0000 16-06-330-019-0000 16-06-451-006-0000
COMMUNICATIONS CREATIONS, INC SALT LAKE CITY LIBRARY FAIRBANKS MANAGEMENT SERVICE
435 S 300E 210 E 400 S LLC "'" '�
SALT LAKE CITY, UT 84111-3201 SALT LAKE CITY, UT 84111-2804 321 STANTON AVE
SALT LAKE CITY, UT 84111-3519
16-06-331-007-0000 16-06-331-007-0000 16-06-379-009-0000
METROPOLIS INTEGRATED MEDIA LL JDB PICTURES INC STOWELL LAW PLLC
445 S 300E 445 S 300E 307 STANTON AVE
SALT LAKE CITY, UT 84111-3201 SALT LAKE CITY, UT 84111-3201 SALT LAKE CITY, UT 84111-3519
16-06-329-006-0000 16-06-330-019-0000 16-06-330-019-0000
AKASHA SPA AND SALON THE ENGLISH GARDEN NIGHT FLIGHT
331E400S 210E400S 210E400S
SALT LAKE CITY, UT 84111-2901 SALT LAKE CITY, UT 84111-2804 SALT LAKE CITY, UT 84111-2804
16-06-330-019-0000 16-06-330-019-0000 16-06-405-012-0000
SALT LAKE ROASTING CO. GREAT SALT LAKE BOOK FESTIVAL WINKEL GENERAL REMODELING
210E 400 S 210E 400 S 460 S 400 E
SALT LAKE CITY, UT 84111-2804 SALT LAKE CITY, UT 84111-2804 SALT LAKE CITY, UT 84111-3319
16-06-331-007-0000 16-06-378-002-0000 16-06-329-006-0000
RP AUDIO, INC ROBIN KENT UUNGBERG ATTORNEY AT 7-ELEVEN STORE#29514A
445 S 300 E LAW 309 E 400 S
SALT LAKE CITY, UT 84111-3201 266 E 500 S SALT LAKE CITY, UT 84111-2901
Agootts
SALT LAKE CITY, UT 84111-3204
16-06-379-009-0000 16-06-330-019-0000 16-06-451-009-0000
MK FUNDING, LLC LIVE GREEN STANTON
307 STANTON AVE 210 E 400 S 341 STANTON AVE
SALT LAKE CITY, UT 84111-3519 SALT LAKE CITY, UT 84111-2804 SALT LAKE CITY, UT 84111-3577
16-06-330-019-0000 16-06-331-007-0000 16-06-330-019-0000
MIDNIGHT MUGGLE MADNESS TYLER MEASOM ART AT THE MAIN
210E400S 4455300E 210E400S
SALT LAKE CITY, UT 84111-2804 SALT LAKE CITY, UT 84111-3201 SALT LAKE CITY, UT 84111-2804
16-06-401-016-0000 16-06-378-002-0000 16-06-405-019-0000
SIZZLER#321 BEEHIVE LEGAL NAI UTAH COMMERCIAL REAL ESTATE
371 E 400 S 266 E 500 S CORPORATE SERVICES
SALT LAKE CITY, UT 84111-2901 SALT LAKE CITY, UT 84111-3204 375 E 500 S
SALT LAKE CITY, UT 84111-3315
16-06-330-019-0000 16-06-405-002-0000 16-06-401-013-0000
HEMINGWAY CAFE @ ATLANTIC WASHINGTON MUTUAL BANK Residents
210E400S 376E400S 341E400S
SALT LAKE CITY, UT 84111-2804 SALT LAKE CITY, UT 84111-2912 SALT LAKE CITY, UT 84111-2901
16-06-404-001-0000 16-06-406-018-0000 16-06-406-019-0000 Anlikk
Residents Residents Residents
330E 400 S 437 5 400E 461 5 400E
SALT LAKE CITY, UT 84111-2902 SALT LAKE CITY, UT 84111-3344 SALT LAKE CITY, UT 84111-3302
Salt Lake Planning Division
s��7 . • 451 S Stale Street,Room 406,PO Box 145480,Salt Lake City,Utah 84114-5480
Planning Commission
Wednesday,February 23,2011
Time: 6:00 pm or immediately following the work session
Place: Room 326
PLNSUB2009-01424 Public Safety Building Zoning Amendment: a request by
Salt Lake CityCorporation to amend the zoning of the properties associated with the
new Public Safety Buildingproject. The zoning map would be amended to show
zoning of Transit Corridor(TC-75) along 400South and Public Lands(PL-2) for the
southern portion of the property. Also,an amendment to the text of the Public
Lands districts (PL, PL-2) would allow for a communication tower to exceedbuilding
height only when it is government owned and operated for public safety pur-
poses. Thisrequest applies to various properties within the block bounded by 400
South and 500 south, 300East and 400 East, in Council District 4 represented by
Luke Garrott.
(Staff contact: Casey Stewart at 801-535-6260 or casey.stewart@slcgov-)
Salt Lake City Corporation complies with all ADA guidelines. People with disabilities may make requests
for reasonable accommodations no later than 48 hours in advance in order to attend this meeting.
Accommodations may include: alternative formats, interpreters, and other auxiliary aids. This is an
accessible facility. For questions requests,or additional information,please contact the Planning Office at
' 535-7757::Ta 535-6220.
For additional meeting guidelines please see www.slcgov.com or call 801-535-7757
Salt Lake City Planning Division
451 S.S State stre09P-91.1.P.
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Salt Lake City Planning Division
451 S State Street, Room 4064
PO Box 145480
Salt Lake City, Utah 84114-5480
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Salt Lake CityZoning Map And Ordinance Amendmen (02/11/2011 -02/11/2011) Dss _-
Salt Lake City Zoning Map and Ordinance Amendment On February 23,2011,the Salt Lake City Planning Commission will hold a
public hearing to consider making recommendations to the City Council regarding the following petitions: PLNSUB2009-01424 Public
Safety Building Zoning Amendment:a request by Salt Lake City Corporation to amend the zoning of the properties associated with
the new Public Safety Building project.The zoning map would be amended to show zoning of Transit Corridor(TC-75)along 400
South and Pubic Lands (PL-2)for the southern portion of the property.... READ MORE
Posted February 11,2011 11'55 am
Salt Lake City Zoning Map And Ordinance Amendmen (02/11/2011 -02/11/2011) Lek T.l�un.
Salt Lake City Zoning Map and Ordinance Amendment On February 23,2011,the Salt Lake City Planning Commission will hold a
public hearing to consider making recommendations to the City Council regarding the following petitions: PLNSUB2009-01424 Public
Safety Building Zoning Amendment:a request by Salt Lake City Corporation to amend the zoning of the properties associated with
the new Public Safety Building project.The zoning map would be amended to show zoning of Transit Corridor(TC-75)along 400
South and Public Lands(PL-2)for the southern portion of the property.... READ MORE
Posted February 11,2011 11 55am
Newsoaoe-Administ'abo
From: NAC Leaal
To: Hasenberg, Angela; Stewart.Casey
Subject: RE: SLC Planning-Legal Notice for 2/11/11
Date: Tuesday,February 08,2011 1:54:08 PM
Ad #662883 is scheduled to run February 11th in Salt Lake Tribune and Online
utahlegals.com .
Total charge is $75.00. Please check the ad in the paper.
Thank you,
Lynn Valdez
MediaOne of Utah,
a Newspaper Agency Company
4770 South 5600 West
West Valley City, Utah 84118
Ph. : 801-204-6245
Email: naclecai@mediaoneutah.com
From: Stewart, Casey [mailto:Casey.Stewart@slcgov.com]
Sent: Tuesday, February 08, 2011 10:01 AM
To: 'naclegal@mediaoneutah.com'
Cc: Hasenberg, Angela
Subject: SLC Planning - Legal Notice for 2/11/11 Amok
Attached is a Legal Notice, with billing info, for publishing on Friday 2/11/11. Thank you. —Casey
Stewart
Utah Legal Notices http://www.utahlegals.com/notice.php?id=89107
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Salt Lake City Zoning Map and Ordinance Amendment On February 23, 2011, the...
Salt Lake City Zoning Map and Ordinance Amendment On February 23,2011,the Salt Lake City Planning Commission will hold a public
hearing to consider making recommendations to the City Council regarding the following petitions: PLNSUB2009-01424 Public Safety
Building Zoning Amendment: a request by Salt Lake City Corporation to amend the zoning of the properties associated with the new
Public Safety Building project.The zoning map would be amended to show zoning of Transit Corridor(TC-75)along 400 South and
Public Lands(PL-2)for the southern portion of the property.Also,an amendment to the text of the PL and PL-2 districts to allow for a
communication tower to exceed building height only when it is government owned and operated for public safety purposes. This request
applies primarily to the western half of the block bounded by 400 South and 500 South,300 East and 400 East,in Council District 4
represented by Luke Garrott. (Staff contact: Casey Stewart at 801-535-6260 or casey.stewart@slcgov.com)The public hearing will
begin at 5:45 p.m.in room 326 of the City County Building,451 South State Street, Salt Lake City, UT. For more information or for
special ADA accommodations,which may include alternate formats, interpreters,and other auxiliary aids or additional information,
please contact Casey Stewart at 535-6260 or call TDD 535-6220.662883 UPAXLP
Newspaper Administrat'on
Planning Commission Staff Report
P.
PUBLIC SAFETY BUILDING ZONING AMENDMENT •
PLNPCM2009-01424
Hearing date: February 23, 2011 Planning Division
Department of Community
&Economic Development
Applicant Request
SLC
Becker Corporation(Mayor Ralph Mayor Ralph Becker has initiated a request to amend the Salt Lake City
Zoning Map and Ordinance for properties associated with the Public Safety
Staff Building project. Zoning of the properties would be changed from TC-75, R-
Casey Stewart 535-6260 MU, and RO to TC-75 and PL-2, in conjunction with an amendment to the
casey.stewart@slcgov.com text of the PL and PL-2 districts to allow for a communication tower to
Current zone exceed building height only when it is government owned and operated for
N/A public safety purposes.
Current master plan designation Recommendation
Civic Mixed Use PLNPCM2009-01424—Public Safety Building Zoning Amendments
Council District Based on the findings in the staff report, Planning Staff finds the proposed
District 4—Luke Garrott amendments adequately meet the standards for general zoning text and map
amendments and therefore recommends the Planning Commission transmits a
Community Council positive recommendation to the City Council to adopt the amendments as
Central City
Chair:Thomas Mutter proposed.
Affected Ordinance Sections
• 21A.50.050 Standards for
General Amendments
• 21A.32.140
Table of Pennitted and
Conditional Uses for Special
Purpose Districts(PL and PL-2)
Notification
• Notice mailed Feb 11, 2011
• Published in newspaper Feb 11,
2011
• Posted to Planning Dept and
Utah State Public Meeting
websites Feb 11.2011.
Attachments
A. Map of Proposed Zoning
B. Public Comments
PLNPCM2009-01424 Public Safety Building Zoning Amendment Published Date:2/17/2011 - 1 -
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Project Description
Zoning Map Amendments.
The request is to amend the Zoning Map and Zoning Ordinance in preparation for the City Administration's
Public Safety Building project. Last year, 2010, the Central Community Master Plan was amended to designate
the block east of the City Library as Civic/Mixed Use. This zoning amendment request is a follow-up to that
process and the next step in the project. The subject properties, acquired by the City, are currently zoned:
Transit Corridor (TC-75)
Residential-Mixed Use (R-MU)
Residential Office (RO)
The proposal is to change the zoning of the properties involved in the project to:
Transit Corridor(TC-75
Public Lands (PL-2)
The proposed PL-2 zoning district allows for government offices along with other community type uses such as
theater, retail, schools, amphitheater, offices, and art galleries. The City Library block is also zoned PL-2, ,
thereby allowing similar uses and continuity between the blocks.
PLNPCM2009-01424 Public Safety Building Zoning Amendment Published Date:2/17/2011 -2-
Zoning Text Amendment
The second part of this amendment relates to the communication tower needed to service the proposed building.
The designed tower would consist of a single monopole structure, mounted on the ground, and be between 120
feet and 140 feet tall. Currently,the PL districts (PL and PL-2) do not allow communication towers that exceed
allowed building height, which is 75 feet. This part of the amendment includes a request to modify the PL
districts to allow for a communication tower to exceed building height only when it is government owned and
operated for public safety purposes.
Proposal:
Modify Table 21A.32.140 Table of Permitted Uses For Special Purpose Districts to include "communication
towers, exceeding the maximum building height" as a permitted use (P) for the Public Lands zoning districts
(PL, PL-2) with the qualifying provision of:
"Maximum of one per property and only when it is government owned and operated for public safety
purposes. ''
Public Participation
The proposed amendments were presented to the Central City Community Council on February 2, 2011.
Comments from attendees of the meeting addressed diminishing residential development around these civic
blocks, the communication tower height, and building design. The comments are included in as Attachment B.
Staff sought comments from numerous City departments. No departments had any objections and one
department raised a concern related to building encroachment into front and side yard setbacks. The actual site
and building design will be reviewed through the planned development process by the Planning Commission at
a future date.
Analysis
The purpose of the PL-2 district is "to specifically delineate areas of public use and to control the potential
redevelopment of public uses, land and facilities in an urban context." The subject property is an urban site on
the edge of the downtown area. This zoning district allows for the types of uses— government offices, public
plaza, and community events - and development anticipated to occur with the Public Safety Building project.
The City Library block is also zoned PL-2, allowing for better coordination of uses, site design, and property
use among the informal civic campus consisting of the City Administration building, the City Library, and the
future Public Safety Building.
The portion of the amendment related to communication towers, while opening the door for communication
towers in the PL zones, is worded to mitigate the number of towers by establishing strict and specific qualifying
provisions for such towers. Furthermore, the PL zones are categorized as "special purpose districts" and are not
found in large numbers throughout the city. Their purpose is limited in scope and therefore worries about the
proliferation of communication towers in these districts would be unfounded.
Retaining the TC-75 zone along 400 South will continue the City's intent for transit oriented development for
the 400 South corridor. The planning division is currently working on a project to shift the zoning in this
corridor to a foam-based zoning similar to what was recently implemented for the North Temple Boulevard
corridor.
PLNPCI\12009-01424 Public Safety Buildin Zoning Amendment Published Date:2/17/2011
Options
The Planning Commission can: owilk
- deny the proposed amendment, which would keep the current zoning districts, thereby not allowing
government offices.
- recommend the amendments be approved as proposed, which would allow for the Public Safety
Building project to proceed and facilitate the redevelopment of the site for public uses and facilities in
accordance with the Central Community Master Plan, and purpose of the PL-2 district.
- recommend modifications to the proposed amendments.
Standards for General Amendments 21A.50.050
A decision to amend the text of the Zoning Ordinance 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.
Zoning Map, 21A.50.050.B
In making a decision to amend the zoning map. the City Council should consider the following:
1. Whether a proposed map amendment is consistent with the purposes, goals, objectives, and
policies of the City as stated through its various adopted planning documents;
Analysis: The Public Safety Building site is within the Central Community Master Plan area. The
master plan objectives and policies related to this site are re-iterated below and demonstrate that the
proposed map amendment is consistent with those objectives and policies.
{Page 9, Future Residential land use changes}
The 450 South Corridor can be supported and enhanced in the area immediately to the east of Amok
the City and County Building with mixed land uses such as Salt Lake City government
administration, courts,public safety administration, ground level interactive uses (small retail,
offices,public gatherings), cultural facilities, medium to high density residential, as well as open
space enhancements.
{Page 12, Government Land Use}
"Concentration of local government administration and office facilities,particularly Salt Lake
City administration, courts,public safety and cultural facilities near the City and County
Building will help create efficiencies in services which are often interrelated, and help improve
access to services for local residents and businesses. Applying sound urban design principles
and appropriate architectural character to these uses will also provide a positive transition from
the Central Business District to the Central City Neighborhood. "
{Page 13, Policies for Institutional Land Use}
INSLU-4.4 Concentrate the development of Salt Lake City administration, courts and cultural
facilities near the City and County Building to encourage efficient services, improve access for
businesses and residents,facilitate improved work and communication among interrelated
departments and divisions,provide opportunities for public gatherings and interaction, and
support and enhance the development of a pedestrian corridor along 450 South established by
the axis between the Matheson Courthouse, the City and County Building, the Library Square
block, and possibly further east toward 400 East.
Finding: The proposed zoning map change is consistent with adopted policy documents.
PLNPCM2009-01424 Public Safety Building Zoning Amendment Published Date:2/17/2011 -4-
2. Whether a proposed map amendment furthers the specific purpose statements of the zoning
ordinance.
Analysis: Chapter 2IA.02.030 of the Zoning Ordinance states:
"PURPOSE AND INTENT:
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 cariy 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 econotihy in governmental expenditures;
g. Foster the city's industrial, business and residential development; and
h. Protect the environment. (Ord. 26-95§2(1-3), 1995)"
The proposed map amendment is considered consistent with the intent of the Zoning Ordinance by
encouraging and promoting the intent of items "b, d, f, and g" above. The PL-2 zone would
facilitate the Public Safety Building project and promote the efficient and functional development of
the site as a public space; as the central command for police, fire, and emergency operations;
allowing for efficient use of government and taxpayer expenditures; and, foster the city's residential
development in the surrounding neighborhoods by revitalizing this site with enhanced public space
and architecture.
Finding: Staff finds that the proposed map amendment is consistent with the overall purpose of the
Zoning Ordinance to implement adopted plans, as stated in Chapter 21A.02.030.
3. The extent to which a proposed map amendment will affect adjacent properties.
Analysis: The proposed map amendment primarily relates to converting the southwest portion of
the block to Public Lands zoning district. This change would allow for a more public-focused and
limited set of uses on the subject properties. It is anticipated that the uses allowed in the PL-2
district, identical to those on the Library block, will revitalize the immediate area with increased
public participation and pedestrian access. This will provide more efficient public service and
encourage adjacent development.
Finding: The proposed map amendment will have a positive effect on adjacent properties.
4. Whether a proposed map amendment is consistent with the purposes and provisions of any
applicable overlay zoning districts which may impose additional standards.
Analysis: The Public Safety Building site and adjacent properties are not subject to any overlay
zoning districts, and thus not contrary to any overlay district provisions.
Finding: The proposed map amendment does not conflict with any overlay districts
PLNPCh12009-01424 Public Safety Building Zoning Amendment Published Date:2;17;2011 -5-
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,
Amok
schools, stormwater drainage systems, water supplies, and wastewater and refuse collection.
Analysis: During the Public Safety Building site selection process and after, during the site design,
the site has been analyzed and researched by all necessary services and city departments. The site
was found to have adequate facilities and services for the anticipated project.
Finding: The proposed map amendment applies to a property that has adequate public facilities and
services.
Zoning Text, 21A.50.050.A
In making its decision concerning a proposed text amendment. the City Council should consider the following:.
1. Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies
of the City as stated through its various adopted planning documents;
Analysis: The Public Safety Building site is within the Central Community Master Plan area. The
master plan outlines design policies for protecting the East Downtown View corridor, which this site is
in. The policies are stated below:
{Page 19, Urban Design policies}
"Protect view corridors, vistas, and focal points. Refer to the urban design map on page 87. "
The proposed text amendment related to communication towers would allow them in the PL zones,
which currently do not allow communication towers to exceed building height. This conflicts in part
with the policy to protect the view corridor; however, with the strict qualifying provisions proposed, this
would be the only communications tower that would exceed allowed building height on a PL property.
The actual Public Safety Building has been designed to be lower in height and arranged to retain the
established view corridor. In this case, the planning commission (and city council) must weigh the
benefits of the project and potential impact on the view corridor of this single tower, with the policies of
the master plan.
Finding: The proposed text change conflicts with the urban design policies of the Central Community
Master Plan, but in contrast, would support the other City policies as noted previously in the zoning map
amendment analysis.
2. Whether a proposed text amendment furthers the specific purpose statements of the zoning
ordinance.
Analysis: Chapter 21A.02.030 of the Zoning Ordinance states:
"PURPOSE AND INTENT:
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 cant'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,..4,,,
in addition, intended to:
PLNPCM2009-01424 Public Safety Building,Zoning_Amendment Published Date:2/17/2011 -6-
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. (Ord. 26-95§2(1-3), 1995)"
The proposed text amendment to the ordinance is considered consistent with the intent of the local the
Zoning Ordinance. The proposed amendment would further the intent of items "b and f' above by
improving safety from fire and other dangers with improved and more reliable communications among
public safety providers. It would also provide efficiency in public safety communications, thereby
reducing costs and other expenditures associated with that function.
Finding: Staff finds that the proposed text amendment is consistent with the overall purpose of the
Zoning Ordinance as stated in Chapter 21A.02.030.
3. Whether a proposed text amendment is consistent with the purposes and provisions of any
applicable overlay zoning districts which may impose additional standards.
Analysis: The Public Safety Building site and adjacent properties are not subject to any overlay zoning
districts, and thus not contrary to any overlay district provisions.
Finding: The proposed text amendment does not conflict with any overlay districts.
4. The extent to which a proposed text amendment implements best current, professional practices of
urban planning and design.
Analysis: The text portion of the amendment related to communication towers, while opening the door
for communication towers in the PL zones, is worded to mitigate the number of towers by establishing
strict and specific qualifying provisions for such towers. With this approach, the wording attempts to
achieve best current practices of urban planning by limiting adverse impacts. Furthermore, the PL zones
are categorized as "special purpose districts" and are not found in large numbers throughout the city, or
the East Downtown View area. Their purpose is limited in scope and therefore worries about the
proliferation of communication towers in the view area would be unfounded.
Finding: The proposed text amendment implements the common practices in urban planning and
design.
PLNPCM2009-01424 Public Safety Building Zoning Amendment Published Date:2/17.201 I -7-
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CENTRAL CITY NEIGHBORHOOD COUNCIL
DATE: February 05, 2011
TO: Casey Stewart-SLC Planning Department
FROM: Central City Neighborhood Council
REGARDING: Zoning map amendment for PSB block
Central City Neighborhood Council (CCNC) heard this request at our February 2nd
meeting. There were approx 20 people in attendance. There was not a yes or no vote
taken and there was no overall support for or against the proposed zoning amendment.
Comments were made on several aspects of the rezone and several more made on the
proposed PSB design. It was understood that comment was to be on the proposed
zoning map amendment but it was obvious that the design was pushing the Zoning Map
Amendment so I have included the comments on the bldg design. Comments are
below.
1.) Regarding the push for a new transit station classification along 400 S.: It is
nice to see the Planning Dept acknowledge the short comings of the TC
zoning along 400 S.
2.) There were enough comments on the applicability of the RO zone that it
became a discussion item: The RO zone does not seem to be effective. A
change to RMU may work better.
3.) Concern that housing opportunities in and around the Civic Campus are
diminishing. A housing component is less of a priority in new developments
along the civic campus.
4.) The tower proposed for the east side of the PSB was a big concern. More
comments on the tower are to follow but one concern to repeat here has to
do with the Administrations move to handle communication tower and cabinet
requests through Administrative Hearings and not be presented to
Community Councils. CCNC felt the move to handle these administratively
was in reaction to the large number of requests for these potentially unsightly
objects. This being the case then the City will not allow anything unsightly
and will look out for the best interests of the residents in the area.
5.) A resident brought up the fact that a tower on this block, at either of the
proposed heights, would have the potential of blocking view corridors set
forth in the master plan and asked if the staff looked into this.
6.) Will this proposed tower become the precedent for some other project that
suddenly needs to communicate with whatever towers this project is needing
to communicate with?
7.) A hope that two way traffic would be possible through the mid block crossing.
AOIlk
8.) What is the size of the tower (diameter)? Is this a typical power pole size or10 `
to 12 feet?
Comments directed more towards the PSB bldq
9.) The move towards the PL-2 is to accommodate the design of the bldg. We
have a design team made up of professionals who competed for this project
and now they cannot keep it in the envelope?
10.) An earlier comment at a workshop suggesting the bldg set as close to the
street as possible since it is an urban environment. The design team was
looking to push the bldg away from the street to protect from vehicle bombs.
Is that not an issue any longer?
11.) A frustration that this new bldg cannot respect the existing setbacks.
12.) This bldg is in the city center, part of the civic campus and next to trax. If the
amendment goes through perhaps a more aesthetic approach could be taken
along the south and west keeping in mind the pedestrian nature of the site,
for example, exterior decorative wall panels of old library along 500 S.
13.) This may have been the first time for many to see the monstrous shading
device/solar panel array dwarfing the new bldg, soaring two or more stories.
Will it even provide shading when needed? Why is it so big? Is this the real Auk
design?
14.) Tower should have been integrated into the design. A main element of the
EOC is not something that is an afterthought.
Thank you for your time and the opportunity to have this presented to our Council.
Tom Mutter
CCNC Chairperson
Nick Rupp
CCNC Vice Chairperson
Remarks:
Petition No: PLNPCM2009-01424
Also see PLNPCM2009-01423—Master
Plan Amendment By: Mayor Ralph Becker
Zoning Amendment
Date Filed: December 29, 2009
Address: Block bound by 300 East, 400 South, 400
East and 500 South
: /,,q Petition Initiation
,:jialmwm
Planning Division
Community&Economic Development Department
To: Files — PLNPCM2009-01423 and PLNPCM2009-01424
From: Casey Stewart, Senior Planner
Date: December 29, 2009
Re: Initiate petition to amend City master plans and zoning ordinance/map
affected by the voter-approved Public Safety Building project
An email (copy attached) from the Mayor's office, dated December 4, 2009 outlines the
steps for the Public Safety Buildings project. Two of the specific steps are: master plan
amendments and zoning amendments. The email is considered to be the Mayor's request
to initiate two petitions, one for the master plan amendments and one for the zoning
amendments.
o Page 1
Stewart, Casey
gym: Harrison-Smith, Lisa
ant: Friday, December 04, 2009 3:54 PM
Cc: Everitt, David; Hale, Karen; Langan, Helen
Subject: Mayor Becker Details Next Steps in Public Safety Buildings Project
Categories: Other
'
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December 4, 2009
Contact: Lisa Harrison Smith
801-913-9748
Mayor Becker Details Next Steps in Public Safety Buildings Project
Community Involvement Will Continue Throughout Project
SALT LAKE CITY—Mayor Ralph Becker announced today a preliminary schedule for how Salt Lake City's new
Public Safety Building project will unfold in the months to come. This announcement follows the highly successful
Public Safety bond campaign in which over 65% of Salt Lake City residents endorsed funding construction of a new
Public Safety Building and Emergency Operations Center in Salt Lake City.
"While there are numerous details yet to be determined about the exact timing of the project, we want to give the
public a sense of what we know so far. This will be the first of many communications about the project over the
coming years as the conceptualization, design and construction of these buildings unfold," said Mayor Becker.
Becker continued, "For the past eight months, my office has been tracking public input and comments and feeding
that information back into the planning process. We will continue to incorporate public input as the project moves
forward."
Immediately following the election on November 3, the City issued a Request for Qualifications for a project manager
to oversee the public safety building process. The City received eight responses; a selection committee is currently
evaluating those responses before making a recommendation to the Mayor. Once the project manager is in place, that
individual will help the City further detail the next steps in the planning process including the selection of the
designer/architect, timing of the project and exact budget for the project.
i
During the past spring and summer the City hosted 11 open houses regarding the location of the proposed public
safety complex. At those meetings 10 potential sites were presented to the public for review. Based on the information
gathered and evaluated over the spring and summer, the preferred site was determined to be the Barnes Bank Bloc1
(the block on the east side of 300 East between 400 and 500 South). Since that time,the City has continued to
evaluate new site ideas as they've come forward from the public.
There will be a Public Safety Buildings workshop this Monday, Dec. 7, 2009 from 6 to 8:30 p.m. at the Salt Lake City
Library in Conference Rooms A, B, and C. The public is encouraged to attend. The workshop will include a
presentation on site evaluations and analysis, as well as a discussion on how to make the civic campus one of the'great
places in Salt Lake City. The workshop will be facilitated by the Salt Lake City Chapter of the American Institute of
Architects.
The City expects the Public Safety Buildings project to follow the preliminary schedule listed below:
December 7 Public Safety Buildings Workshop
December 8 Results of the workshop sent to the Mayor
December 8-18 Additional input,public comment on the workshop and all aspects of the project is
gathered by the Mayor's Office via e-mail, phone calls and the website
www.slcaov.com/psb
December 18 Mayor makes final PSB/EOC site determination
December 18 PSB/EOC Project Manager RFP Selection Committee makes recommendation to the
Mayor
January 5 Mayor announces PSB/EOC project manager
January 10 RFP process for selection of designer/architect is posted on City website and advertised
Note: Designer/Architect Selection Committee will include representatives from the Salt
Lake City residential, business and architectural communities appointed by the Mayor
Januaiy/Februaiy TBD City exercises options on PSB/EOC site properties
Mid-March PSB/EOC Designer/Architect RFP Selection Committee makes recommendation to the
Mayor
Late March Mayor Announces PSB/EOC designer/architect
Late Spring TBD RFP for selection of building contractor is posted on City website and advertised
Date TBD Opportunities for public input throughout the process and will include public comment
on:
- Building Design
- Public Spaces
- Public Art
2
Note: The City will seek innovative ways to keep the public informed throughout the
planning and development of the project. For instance, there will be webcams to watch
the construction and an interactive project website to keep the community informed
about progress and to help coordinate construction activity.
Date TBD Mayor's Neighborhood Discussion Group to be established and will include:
- Library Representative
- Leonardo Representative
- The Roasting Company Representative
- Central City Neighborhood Representative
- UDOT Representative
- Library Board Representative
- Area Merchants and Residents
Note. The purpose of this group will be to gather input and feedback from those
immediately affected by the project and share developments on the project as it unfolds.
March TBD City closes on PSB/EOC site properties
1st Quarter 2010 Necessary Master Plan change
- This will go through the normal public process and will include Planning
Commission and City Council
2nd Quarter 2010 Zoning Amendments
- Rezone property to public land
- Resolve use of Barnes Bank Building
Note: Zoning amendments will go through the formal Planning Commission and City
Council public process.
2010 TBD First round of bonds issued by City Council
2010 TBD City Council confirms the sale of the bonds
3
fa'
SLC PUBLIC SAFETY BUILDING
CITY COUNCIL MEETING
March 8th, 2011
® MSS GSBS 62, CIVITAS
SLC PUBLIC SAFETY BUILDING MONOPOLE REQUIREMENTS
Monopole Programmatic Requirements
• Must have 100% functionality following a Major Seismic Event to serve:
— Voice
— Radio
— Dispatch
— Telecom/E911/data/(I/P)
• Must be Secured from the Public
• Must house the following line of sight equipment:
— (2) Radio Frequency (RF)
— (4) Microwave Systems
— (1) Small Canopy Antenna
• Must Have Direct line of sight to the following Mountain Sites
— City Creek Peak
— Farnsworth Peak
— UCANN/VECC & SLCo EOC
®Mzs iGSBSta I a I CIVITAS
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SLC PUBLIC SAFETY BUILDING MONOPOLE HEIGHT
Height Issues
• The Current TOD Zoning Height along 400 East is 75 Feet.
• The is Proposal is to allow TOD Zoning Height to increase to 120 Feet
along 400 East.
• The Zoning Height + 25 feet sets the height of the Monopole.
Antenna Line of Sight to City
11:1:411113-4"114144
,,� jIlli 1 °i� Creek Peak
75' Zoning Height
II, Ulil �
Approx. Monopole Location
with Antenna
1111
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MONOPOLE - PHYSICAL CONSTRAINTS
Physical Constraints
• 110 feet tall
• 5'-0" diameter at the base
• 2'-6" diameter at the top
• Painted Steel Monopole — Blue Gray
• Communication Cables have a 5'-0" turning radius
• Requires access for Repairs and Maintenance
• Large foundation requirements
• Must have Secured Wall or Fence around Antenna
caw GSBS CIVITAS
n
MONOPOLE OPTIONS
Options for Monopole location
Option #1 — Roof Mounted Tower.
Option #2 — Stand-alone located east of Blair
behind or next to Large vehicle
garage in secured or walled area.
Option #3 — Stand-alone located west of Blair
in a secured and walled area.
co, .s IGSBS, 114 I CIVITAS
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MONOPOLE OPTIONS
Option #1 — Roof Top Mounted
• The antennae would need to be approximately 50' to
60' feet above the roof to accomplish the line of sight
requirements
• The integration of the building and the antennae are
very difficult and expensive due to the Seismic
issues. The building being stiff and the Antenna soft
Different Response Frequencies
• Antenna results in a structural Point Load
• Guy wires would be required to secure the antenna
limiting the roof top availability for Solar
®sMvm IGSBSta 1 a 1 CIVITAS
914
MONOPOLE OPTIONS
Option #2 — Located East of Blair
• Security concerns due to public accessibility and
close proximity to other businesses
• Will require a fence or secured wall around
Antenna
• Roughing of Cable may conflict with the roughing
of other Utilities
• Line Loss increases with distance and require
additional amplification to maintain power.
• Line of Sight to Ensign Peak is more Challenging
® A GSBS, CIVITAS
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MONOPOLE OPTIONS - PREFERRED OPTION
Option #3 — West of Blair Secured
• Direct line of Sight orientation
• Direct access to Second Floor Communication
Room
• No amplification
• Security from Public
• Located behind Secure Wall screened from
public View — No Public Access
• Ease of Maintenance
®,Q&" IGSBS, I to I CIVITAS
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VIEW LOOKING EAST FROM LIBRARY SQUARE
View Looking East from Library Square 110' pole
. ow iik--_- star: , ....--ii i
SALT LAKE CITY PUBLIC SAFETY BUILDING tills tillEa I GSBS tra 113 I CIVITAS
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VIEW LOOKING SOUTHEAST FROM 300 EAST
•
View Looking Southeast from 300 East 110' pole
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SALT LAKE CITY PUBLIC SAFETY BUILDING ®MOCMS I GSBS M� I I CIVITAS
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VIEW LOOKING SOUTH DOWN BLAIR STREET
View Looking South Down Blair Street 110' pole
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SALT LAKE CITY PUBLIC SAFETY BUILDING awswa I GSBS Ii I a I CIVITAS
I
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VIEW LOOKING NORTHEAST FROM 500 SOUTH
View Looking Northeast from Intersection of 500 South and 300 East 110' pole
•Nil IMO IN
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SALT LAKE CITY PUBLIC SAFETY BUILDING ®s5's 5- 1 GSBST IgtI CIVITAS
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MONOPOLE CONCLUSIONS
CONCLUSIONS
• Option #3 — Locating the pole in a secured area
next to the building is best location
• Height — recommended 110' (some antenna
elements will be higher)
• Color — Painted Blue Gray
• Security — located behind a secure wall away
from Public and Pedestrian View
®moon GSBS � I e I CIVITAS
rv' '1 t .
-MUM allt92 `PC I r'.,� "'SCANNED TO:'-
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT SCANNED BY: -
OFFICE OF THE DIRECTOR DATE: %3/ o i 1
COUNCIL TRANSMITTAL
FEB 2 3 2011
Date Received J
Dated Everitt, Chief of Staff Date Sent to Council (32 2_f‘ j 1
TO: Jill Remington-Love DATE: January 31, 2011
City Council Chair
_FROM: Frank Gray, Dire for
Community&Eco mic Development
SUBJECT: Interlocal Cooperative Agreement between Salt Lake City and UDOT
for Sidewalk Construction at SR-171 (3300 South):
1100 East to 1200 East,North side
UDOT Charge ID No. 90395 25 H
Salt Lake City Job No. 102188
STAFF CONTACT: John J. Naser, P.E., City Engineer
801-535-6240,john.naser@slcgov.com
DOCUMENT TYPE: Resolution
RECOMMENDATION:
That the City Council approve a resolution authorizing the Mayor to sign the
attached Interlocal Cooperative Agreement with the Utah Department of Transportation
(UDOT) for installation of sidewalk at 3300 South, 1100 East to 1200 East,North side.
BUDGET IMPACT:
A budget of$52,500.00 has been established in Cost Center 83-11071 for the proposed
sidewalk work. After the approval of this Agreement, UDOT will transmit the
$52,500.00 to the City for 75% of the cost of the improvements. A General Fund budget
of$17,500.00 is available in Cost Center 83-11072 for the City's portion. After approval
of the Agreement and approval by UDOT of the project design, City Engineering will
issue a request for construction bids. The approval of the Cooperative Agreement does
not require the encumbrance of funds.
451 SOUTH STATE STREET, ROOM 404
P.O. BOX 145486, SALT LAKE CITY, UTAH 841 14-54E16
TELEPHONE: SO1.535-7105 FAX: B01.535-6005
WWW.SLCCED.COM
m RECYCLED PAPER
BACKGROUND/DISCUSSION: .
This project involves the construction of new sidewalk on 3300 South— 1100 East to
1200 East, north side. The new sidewalk will be located at the southern most limits of
Salt Lake City adjacent to 3300 South. Installation of this sidewalk is a part of UDOT's
Safer Sidewalk Program, which adds sidewalks to State highways where they presently
do not exist.
HISTORY:
The pedestrian access route on the north side of 3300 South within the City limits is very
poorly defined and exhibiting extreme deterioration. Construction of sidewalk at this
location through UDOT's is Safer Sidewalk Program addresses public safety issues and
streetscape appearance.
PUBLIC PROCESS:
All adjacent private property owners have been contacted by the Engineering Division to
ensure all public right-of-way construction concerns are addressed. Coordination with
property owners will continue throughout the project.
RESOLUTION NO. OF 2011
Authorizing the approval of an
interlocal cooperation agreement
between Salt Lake City Corporation and
the Utah Department of Transportation
WHEREAS, Title 11, Chapter 13, Utah Code Ann., 1953, allows public entities to enter
into cooperative agreements to provide joint undertakings and services; and
WHEREAS, the attached agreement has been prepared to accomplish said purposes;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as
follows:
1. It does hereby approve the execution and delivery of the following:
Cooperative Agreement— Sidewalk Construction—between the Utah Department
of Transportation and Salt Lake City Corporation regarding SR-171 (3300 South),
1100 East to 1200 East, North side, Charge ID No. 90395 25H.
2. The effective date of the agreement shall be the date it is signed by all parties to
the agreement.
3. Ralph Becker, Mayor of Salt Lake City, Utah, or his designee, is hereby
authorized to approve said agreement on behalf of Salt Lake City Corporation, in substantially
the same form as now before the City Council and attached hereto, subject to such minor changes
as do not materially affect the rights and obligations of the City thereunder and as shall be
approved by the Mayor, his execution thereof to constitute conclusive evidence of such approval.
Passed by the City Council of Salt Lake City. Utah, this day of
. 2011.
SALT LAKE CITY COUNCIL
By:
CHAIRPERSON
2e cz, 1 P�
Sidewalk Construction
SR-171 (3300 South):1100 East to 1200 East.North Side
COOPERATIVE AGREEMENT WITH Salt Lake City Cooperation
Charge ID No.90395 2511
COOPERATIVE AGREEMENT
TIIIS COOPERATIVE AGREEMENT made and entered into this_day of
20_. by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the"UDOT," and Salt Lake City Corporation.a Municipal Corporation of the
State of Utah,hereinafter referred to as the"CITY."
WITNESSETH:
WHEREAS,in the interest of public safety.it is the desire of the parties hereto to construct and
thereafter maintain a pedestrian safety project on SR-171 (3300 South) at the location(s)
described as follows: 1100 East to 1200 East.North side and,
WHEREAS,funds for the construction of pedestrian safety projects have been made available
by an appropriation from the Utah State Legislature for distribution by the UDOT;and
WHEREAS, it is the intent of the Utah State Legislature that participation in the pedestrian
safety project be on a 75%State,25%Local match basis:and
WHEREAS,the UDOT has determined by formal finding that payment for said work on public
right-of-way is not in violation of the laws of the State or any legal contract with the CITY.
THIS COOPERATIVE AGREEMENT is made to set out the terms and conditions where
under said work shall be performed.
NOW THEREFORE,it is agreed by and between the parties hereto as follows:
1. The CITY With its regular engineering and construction forces at the standard
schedule of gages and vcorking hours and in accordance with the terms of its
agreement with such employees.or through qualified contractors with whom it
has obtained contracts upon appropriate solicitation in accordance with the laws
of the State of Utah, shall perform the necessary field and office engineering,
furnish all materials and perform the construction work covered by this
agreement.
2. In accordance with Utah Code Annotated 1953, as amended effective July I,
2000. 72-6-1 16. Regulation of Utilities—Relocation of Utilities. the CITY is
required to pay. as part of the total project cost. 10%of the cos of any utilitt
1
Sidewalk Construction „,,,
SR-171 (3300 South); 1100 East to 1200 East, North Side
COOPERATIVE AGREEMENT WITH Salt Lake City Cooperation
Charge ID No. 90395 25H
facility relocations required within the State highway right-of-way, and the
utility company is required to pay the remainder of the cost of relocation. The
CITY will determine, as part of the design of the project, those utility
companies with facilities that will require relocation and the cost thereof, and
will execute a Utility Relocation — 50% Reimbursement Agreement with those
companies prior to advertising the project for bids. Contact Raymond
Meldrum. Region 2 Utilities and Railroads Engineering Coordinator,
telephone number 801-975-4836 for assistance in preparing the
Reimbursement Agreement.
3. All construction work performed by the CITY or its contractor shall conform to
UDOT's standards. CITY's construction may conform to local standards if
they are equal to or greater than the UDOT standards.
4. All construction performed under this agreement shall be barrier free to
wheelchairs at crosswalks and intersections according to State and Local
standards.
5. The CITY shall submit plans for the work covered by this agreement to
UDOT's Region 2 Sidewalk Coordinator for review and approval. Upon
approval of the plans, and before commencing any construction within the
highway right-of-way, the CITY or its contractor shall obtain a Highway Right-
of-Way Encroachment Permit from the Region 2 Encroachment and Permits
Officer.
6. The CITY will participate a minimum of 25% of said project. CITY's
participation can be through financial contribution, preliminary or construction
engineering costs, donated labor or equipment, etc. Supporting documentation
will be required to support all costs.
7. The total estimated cost of the pedestrian safety project including CITY's
participation is as follows:
UDOT Funds (Allocated Amount) S52.500.00
CITY's Match (25%minimum of Total) $1 7.500.00
TOTAL PROJECT 570.000.00
7
Sidewalk Construction
SR-171 (3300 South):1100 East to 1200 East.North Side
COOPERATIVE AGREEMENT WITH Salt Lake City Cooperation
Charge ID No.90395 25H
8. Upon approval of the pedestrian safety project plans and satisfactory evidence
that the project is ready to proceed,the UDOT will deliver to the CITY a lump
sum amount of S39 375.00 75% of the UDOT's funds for the construction of
the facilities covered by this cooperative agreement. Upon completion of
construction and final inspection and approval by UDOT,the remaining 25%of
UDOT's funds $13.125.00 will be delivered to the CITY bringing the total
UDOT funds to $52,500.00. This amount is the maximum sum of UDOT's
contribution. If the project should overrun the estimated project amount
contained herein, the CITI"s match shall be revised to cover the additional
amount.
9. The CITY will furnish to the UDOT a statement upon completion of the project
for which the grant was made certifying the amount of State funds expended,
verification of CITY participation amounts and certification that the project was
completed in accordance kith the standards and specifications adopted for the
project by this cooperative agreement.
10. UDOT shall have the right to audit all cost records and accounts of the CITY
pertaining to this project. Should the audit disclose that the CITY's
expenditures for the project are Tess than tire grant,all unexpended funds shall
he refunded promptly to the UDOT. For purpose of audit,the CITY is required
to keep and maintain its records of work covered herein for a minimum of three
(3)years after completion of the project.
11. If for any reason, the CE£Y has not commenced construction of said project
within a one (I) year time period front UDOT Commission approval of the
safety project,the CITY will relinquish tire grant allocation or refund the funds
already paid to the CITY for the project upon request from the UDOT. Upon
commencement of the construction, the CITY agrees to complete the
construction in an expeditious manner and in a reasonable timeframe. Should
the[DOT determine that the work is not proceeding in an expeditious manner
and upon thirty(30)days written notice,it may withdraw said grant and require
the CITY to refund any portion of the grant funds not expended for approved
items at the time of withdrawal.
12. Upon completion of the work covered by this cooperative agreement_the CITY
shall. either directly or by ordinance, cause any sidewalks covered by this
cooperative agreement to be maintained,renewed and/or repaired to perpetuate
a secure and non-hazardous pedestrian facility. Said maintenance is to include
snow removal.
Sidewalk Construction
SR-171 (3300 South): 1100 East to 1200 East. North Side
COOPERATIVE AGREEMENT WITH Salt Lake City Cooperation
Charge ID No. 90395 25H
IN WITNESS WHEREOF,the parties hereto have caused this agreement to he executed by
their duly authorized officers as of the day and year first above written.
. A Municipal Corporation of the State of Utah
ATTEST:
By By
Title -�- Title ---
(IMPRESS SEAL)
APPROVED AS TO FORM
Salt Lake City Attorneys Office
Date 7-
By ✓7 � "�---
U T AH DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL: APPROVED:
Project Manager Region Director
APPROVED AS TO FORM: APPROVED:
David R. Benard Division of Finance
UDOT Legal Counsel
4
RECEIVED RECEfl/ED
;
DEPARTMENT OF COMMUNITY& ECON 60KYOI.RII ICE FEB 2 4 lo„
OFFICE OF THE DIRECTOR
Salt Lake City Mayor
COUNCIL TRANSMITTAL
Date Received o 2/1--1( Zo I 1
V
D. 'a Everitt, Chief of Staff Date Sent to Council 0 2/2y/mil
TO: Jill Remington-Love DATE: January 31, 2011
City Council Chair
_ J
FROM: Frank Gray, Director
Community&Economic lopment
SUBJECT: Interlocal Cooperative Agreement between Salt Lake City and UDOT
Sidewalk Construction, SR-68 (Redwood Rd): North of 400 So., East side
UDOT Charge ID No. 90395 21 H
Salt Lake City Job No. 102187
STAFF CONTACT: John J.Naser, P.E., City Engineer
801-535-6240,john.naser@slcgov.com
DOCUMENT TYPE: Resolution
RECOMMENDATION:
That the City Counail approve a resolution authorizing the Mayor to sign the attached
Interlocal Cooperative Agreement with the Utah Department of Transportation (UDOT)
for installation of sidewalk at Redwood Road and 400 West, east side.
BUDGET IMPACT:
A budget of$24,975.00 has been established in Cost Center 83-11070 for the proposed
sidewalk work. After the approval of this Agreement, UDOT will transmit the
$24,975.00 to the City for 75% of the cost of the improvements. A General Fund budget
of$8,325.00 is available in Cost Center 83-11074 for the City's portion. After approval
of the Agreement and approval by UDOT of the project design, Salt Lake City
Engineering will issue a request for construction bids. The approval of this Cooperative
Agreement does not require the encumbrance of funds.
BACKGROUND/DISCUSSION:
This project involves the construction of new sidewalk on Redwood Road north of 400
South on the east� side. The lack of sidewalk at this location has created a discontinuous
SCANNED TO 1
. - - � � 451 SOUTH STATE STREET, ROOM 404
P.O. BOX 145486, SALT LAKE CITY, UTAH 841 14-5466
SCANNED BY.---i-feec-a- TELEPHONE: S01-535-7105 FAX: B01-535-6005
DATE: o Z WWWSLCCED.COM
:. EEo P.PEA
pedestrian walkway. Installation of this sidewalk is a part of UDOT's Safer Sidewalk
Program, where sidewalks are added to State highways where they presently do not exist.
HISTORY:
Salt Lake City has applied for Safer Sidewalk Program funding several times without
success for these missing section on Redwood Road. The application was recently
approved and funding is now available to complete this portion of the pedestrian access
route,pending execution of the Interlocal Agreement.
PUBLIC PROCESS:
City Engineering will coordinate with adjacent property owners to ensure all construction
concerns are addressed.
RESOLUTION NO. OF 2011
Authorizing the approval of an
interlocal cooperation agreement
between Salt Lake City Corporation and
the Utah Department of Transportation
WHEREAS, Title 11, Chapter 13, Utah Code Ann., 1953, allows public entities to enter
into cooperative agreements to provide joint undertakings and services; and
WHEREAS, the attached agreement has been prepared to accomplish said purposes;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as
follows:
1. It does hereby approve the execution and delivery of the following:
Cooperative Agreement— Sidewalk Construction—between the Utah Department
of Transportation and Salt Lake City Corporation regarding SR-68 (Redwood
Road), North of 400 South, East side, Charge ID No. 90395 21H.
2. The effective date of the agreement shall be the date it is signed by all parties to
the agreement.
3. Ralph Becker, Mayor of Salt Lake City, Utah, or his designee, is hereby
authorized to approve said agreement on behalf of Salt Lake City Corporation, in substantially
the same form as now before the City Council and attached hereto, subject to such minor changes
as do not materially affect the rights and obligations of the City thereunder and as shall be
approved by the Mayor, his execution thereof to constitute conclusive evidence of such approval.
Passed by the City Council of Salt Lake City, Utah, this day of
. 2011.
SALT LAKE CITY COUNCIL
By:
CHAIRPERSON
Deco re]
Sidewalk Construction
SR-68 (Redwood Road): North of 400 South, East side
COOPERATIVE AGREEMENT WITH Salt Lake City
Charge ID No. 90 395 21 H
COOPERATIVE AGREEMENT
THIS COOPERATIVE AGREEMENT made and entered into this day of
20 . by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "UDOT," and the Salt Lake City Corporation, a Municipal Corporation of the
State of Utah, hereinafter referred to as the "City."
WITNESSETH:
WHEREAS, in the interest of public safety, it is the desire of the parties hereto to construct and
thereafter maintain a pedestrian safety project on SR-68 (Redwood Road) at the location(s)
described as follows: North of 400 South. East side and,
WHEREAS, funds for the construction of pedestrian safety projects have been made available
by an appropriation from the Utah State Legislature for distribution by the UDOT; and
WHEREAS, it is the intent of the Utah State Legislature that participation in the pedestrian
safety project be on a 75% State, 25% Local match basis; and
WHEREAS, the UDOT has determined by formal finding that payment for said work on public
right-of-way is not in violation of the laws of the State or any legal contract with the City.
THIS COOPERATIVE AGREEMENT is made to set out the terms and conditions where
under said work shall be performed.
NOW THEREFORE, it is agreed by and between the parties hereto as follows:
I. The City with its regular engineering and construction forces at the standard
schedule of wages and working hours and in accordance with the terms of its
agreement with such employees, or through qualified contractors with whom it
has obtained contracts upon appropriate solicitation in accordance with the laws
of the State of Utah, shall perform the necessary field and office engineering,
furnish all materials and perform the construction work covered by this
agreement.
2. In accordance with Utah Code Annotated 1953, as amended effective July I,
2000, 72-6-116, Regulation of Utilities — Relocation of Utilities, the Cite is
required to pay, as pan of the total project cost, 50% of the cost of any utility
1
Sidewalk Construction
SR-68 (Redwood Road): North of 400 South. East side
COOPERATIVE AGREEMENT WITH Salt Lake City ,
Charge ID No. 90395 21H
facility relocations required within the State highway right-of-way, and the
utility company is required to pay the remainder of the cost of relocation. The
City will determine, as part of the design of the project, those utility companies
with facilities that will require relocation and the cost thereof, and will execute a
Utility Relocation — 50% Reimbursement Agreement with those companies
prior to advertising the project for bids. Contact Raymond Meldrum. Region 2
Utilities and Railroads Engineering Coordinator, telephone number 801-975-
4836 for assistance in preparing the Reimbursement Agreement.
3. All construction work performed by the City or its contractor shall conform to
UDOT's standards. City's construction may conform to local standards if they
are equal to or greater than the UDOT standards.
4. All construction performed under this agreement shall be barrier free to
wheelchairs at crosswalks and intersections according to State and Local
standards.
5. The City shall submit plans for the work covered by this agreement to UDOT's
Region 2 Sidewalk Coordinator for review and approval. Upon approval of the
plans, and before commencing any construction within the highway right-of-
way,
the City or its contractor shall obtain a Highway Right-of-Way
Encroachment Permit from the Region 2 Encroachment and Permits Officer.
6. The City will participate a minimum of 25% of said project. City's
participation can be through financial contribution, preliminary or construction
engineering costs, donated labor or equipment, etc. Supporting documentation
will be required to support all costs.
7. The total estimated cost of the pedestrian safety project including City's
participation is as follows:
UDOT Funds (Allocated Amount) S24.975.00
City's Match (25% minimum of Total) S8.325.00
TOTAL PROJECT S33,300.00
S. Upon approval of the pedestrian safety project plans and satisfactory evidence
that the project is ready to proceed, the UDOT will deliver to the City a lump
sum amount of 75% of the UDOT's funds for the construction of the facilities
Sidewalk Construction
SR-68(Redwood Road):North of 400 South.East side
COOPERATIVE AGREEMENT WITH Salt Lake City
Charge ID No.90395 21H
covered by this cooperative agreement. Upon completion of construction and
final inspection and approval by UDOT,the remaining 25%of UDOT's funds
grill be delivered to the City bringing the total UDOT funds to S24.975.00
This amount is the maximum sum of UDOT's contribution. I f the project
should overrun the estimated project amount contained herein,the City's match
shall be revised to cover the additional amount.
9. The City will fitmish to the UDOT a statement upon completion of the project
for which the grant was made certifying the amount of State funds expended,
verification of City participation amounts and certification that the project was
completed in accordance with the standards and specifications adopted for the
project by this cooperative agreement.
10. UDOT shall have the right to audit all cost records and accounts of the City
pertaining to this project. Should the audit disclose that the City's expenditures
for the project are less than the grant, all unexpended funds shall be refunded
promptly to the UDOT. For purpose of audit,the City is required to keep and
maintain its records of work covered herein for a minimum of three (3) years
after completion of the project.
II. If for any reason, the City has not commenced construction of said project
within a one (1) year time period from UDOT Commission approval of the
safety project, the City will relinquish the grant allocation or refund the funds
already paid to the City for the project upon request from the UDOT. Upon
commencement of the construction, the City agrees to complete the
construction in an expeditious manner and in a reasonable timeframe_ Should
the UDOT determine that the work is not proceeding in an expeditious manner
and upon thirty(30)days written notice,it may withdraw said grant and require
the City to refund any portion of the grant funds not expended for approved
items at the time of withdrawal.
12. Upon completion of the work covered by this cooperative agreement, the City
shall, either directly or by ordinance, cause any sidewalks covered by this
cooperative agreement to he maintained, renewed and/or repaired to perpetuate
a secure and non-hazardous pedestrian facility. Said maintenance is to include
snow removal.
Sidewalk Construction
SR-68 (Redwood Road):North of 400 South. East side `
COOPERATIVE AGREEMENT WITH Salt Lake City
Charge ID No. 90395 21H
IN WITNESS WHEREOF, the parties hereto have this agreement to be executed by its duly
authorized officers as of the day and year first above written.
. A Municipal Corporation of the State of Utah
By ATTEST:
Title Title
(IMPRESS SEAL)
APPROVED AS To FORM
Salt Lake City Attorneys Office
Date 2p`- 7—
By
************:**.********************* *****************************_***
UTAH DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL: APPROVED:
Project Manager Region Director
APPROVED AS TO FORM: APPROVED:
David R. Benard Division of Finance
UDOT Legal Counsel
4
MEMORANDUM
DATE: March 8,2011
TO: City Council Members
FROM: Jennifer Bruno,Deputy Director
RE: Four Agreements relating to the"Sugar House Draw"Project
CC: David Everitt,Rick Graham,Emy Maloutas,Frank Gray
COUNCIL PROCESS:
The Council will hold a briefing on this issue at the March 8i6 work session. If the
Council is comfortable moving forward,the resolution can be scheduled for
consideration at a future formal meeting. If the Council adopts the resolution,the Mayor
is authorized to sign the interlocal agreement.
The Administration has forwarded a resolution which would authorize the Mayor to
sign an interlocal agreement that would finalize the Parley's Trail access from Sugar
House Park,under 1300 East and into the Hidden Hollow Open Space-known as the
"Sugar House Draw"project. If the Councl approves the resolution,construction on the
project can begin(contingent on final plat approval).
The Interlocal,which indudes a preservation easement along the Sugar House Draw
property,contains the following key eleme:tts:
a. The County will pay the City$275,C00 for a preservation easement along the
Sugar House Draw property for the purpose of connecting the Parley's Trail
between Sugar House Park and Hidden Hollow Nature Park. The agreement
states that the easement will have a term of 50 years.
b. Funds approved by the Council from the City's open space fund in 2009
($110,000),combined with the County's payment for the easement,allow the City
to purchase the property from Woodman,Inc,for$384,000(the City has a purchase
agreement with Woodman which is not included in this transmittal as it does not require
Council action).
c. As a condition of the easement,the County agrees to pay for construction of the
Parley's Trail Phase 4,including trail amenities-lighting,walls,plantings,
irrigation,etc. See attached color di.tgram showing a previous rendering for the
Sugarhouse Draw property. The purpose of this attachment is to orient the
Council to the positioning of the prc perty-current plans for actual trail
development have changed slightly,and the Administration did not have access
to the most recent drawings in time for packets.
In addition to the interlocal agreement refer enced above,the Administration has also
provided a copy of the"Trail Agreement"as a courtesy to the Council,to allow the
Council to review the details of this Agreen lent between the City,County,Parkview
Plaza,and Woodmen,LC. This agreement does not require Council action,as it is not
1
an"Interlocal Agreement" authorizing City funds,but rather a general description of
agreed-upon terms. In general,the Trail Agreement details the legal descriptions of the
property involved,expected payments for particular property,and lays out expectations
with regard to landscaping of adjacent properties and construction of the Parley's Trail
through the Draw property. The Trail Agreement provides for payment to Parkview
Plaza of$210,000,which the City is not responsible to pay (the County and Woodmen
are sharing this cost). See Administration's transmittal for details of the Trail
Agreement.
PROJECT BACKGROUND
The trail, a bicycle/recreation trail running from the mouth of Parley's Canyon to the
Jordan River,was master planned by Salt Lake County in coordination with the City
and the Parleys Rails,Trails and Tunnels Coalition(PRATT).
The recent Federal Highway Bill approved approximately$10.5 million for the Parley's
Creek Trail Project. This money comes with an approximate$2.5 million local match
requirement,which will be funded by Salt Lake County (funds committed) and Salt
Lake City funds that have already been appropriated (Salt Lake City's share is$285,652-
these funds were finalized in Budget Amendment#4 of FY 2006).
This local match will enable the construction of the trail from Parley's Historic Nature
Park to Hidden Hollow in Sugarhouse,including the Sugarhouse"Draw"crossing at
1300 East.
The first step in the process is to proceed with the Environmental Study and Design
Study reports. The various funding and staging responsibilities for completing these
reports are outlined in the attached interlocal agreement. The first priority for design
will be the 1700 East to Hidden Hollow section(including the"Draw" at 1300 East).
Note: Changes to the Interlocal Cooperation Act by the 2003 Legislature allow the
Mayor to execute interlocal agreements without approval of the City Council except
when the interlocal agreement includes any of the following:
• Acquires or transfers real property
• Construction of a facility or improvements to real property
• Bonding
• Sharing taxes or other revenue
• Agreements that includes an out-of-state public agency
• Agreements that require budget adjustments to the City's current or
future budgets
• Creation of an interlocal agency
Cm:0
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rINNIMMINIMINIMMENIIMMINNIMMOMMEMEMEMISIMIIMIIIIIIIMMEMMIMINION.-
I
*----- 2100 South 1300 East
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SCANNED TO: gr'
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��,�YYTT SLc. ,,..;ia ► c, F- .� DATE: 2(2/ ((
RICHARD GRAHAM SJ�l/ -i\ eitif V1OP = Iin RALPM BECKER
CE
PUBLIC SERVICES DIRECTOR
MAYOR
DEPARTMENT OF PUBLIC SERVICES RE /
DIRECTORS OFFICE
FEB 2 8 2011
CITY COUNCIL TRANSMITTAL
Salt L e City Mayor
Date Received: 2 '24
Davi ve 'tt, C of of Staff Date sent to Council: p 2, 1
TO: Jill Remington Love, Chair DATE: February 25, 2011
Salt Lake City Council
FROM: Public Services, Parks and Public Lands Division
SUBJECT: Resolutions for Sugar House Draw Project
STAFF CONTACT: Emy Maloutas 972-7804
Open Space Lands Program Manager
Rick Graham 535-7774 pin7
Public Services Director
RECOMMENDATION: Adopt Resolution to grant the Mayor authority to enter into the
Agreements for Sugar House Draw Project contingent on final plat approval.
BUDGET IMPACT:NA
DISCUSSION: Salt Lake City Council has authorized the acquisition of the Sugar House Draw
property. The following agreements secure trail access from Sugar House Park, under 1300 East
and into Hidden Hollow Open Space. This would require City Council to authorize the execution
of the following agreements contingent upon final plat approval:
• Interlocal Agreement- Salt Lake City agrees to grant to Salt Lake County a Preservation
Easement on Sugarhouse Draw property for$275,000. The County will pay for the
construction of the Parley's Trail Phase 4 project including trail amenities (trail, lighting,
walls, plantings, irrigation, etc.).
• Preservation Easement Agreement- Salt Lake City grants to Salt Lake County a
perpetual easement on Sugarhouse Draw property for the purpose of constructing,
maintaining, and operating a public trail and an emergency drainage system, and
appurtenant landscaping and improvements,preserving the Property's access to
Sugarhouse Park and Hidden Hollow Natural Area, and for preservation of the Property
as a trail.
LOCATION: 451 SOUTH STATE STREET, ROOM 138 SALT LAKE CITY, UTAH 841 1 1-3 1 04
MAILING ADDRESS: PO BOX 145469, SALT LAKE CITY, UTAH 841 14.5469
TELEPHONE: BO1.535-7775 FAX: 801-535.7963
www.SLccov.caM
REcrcEo PAPER
• Trail Agreement-Parkview Plaza shall be paid the sum of$200,000.00 and be ,
reimbursed for its costs associated with the transactions represented by this Agreement in
an amount not to exceed $10,000. Under no circumstance shall the City pay or be
responsible for any portion thereof. Salt Lake City agrees to abandon an existing
pedestrian easement across Parkview Plaza II thirty days after Parley's Trail through
Sugar House Draw has been opened to the public. Salt Lake City and Parkview Plaza
agree to execute and deliver a Curb Cut and Crane Access Agreement allowing for an
additional curb cut and second vehicular access point for the Parkview Plaza Property on
1300 East. The County shall prepare landscaping and maintenance plans consistent with
the intent of Hidden Hollow, being a nature park protected by a conservation easement,
which shall be subject to approval by the City and Utah Open Lands for the area
immediately west of the Parkview Plaza Property.
• Agreement—An obligation agreement has been prepared to identify each partner's
contribution regarding Sugar House Draw Project. Salt Lake City agrees to pay the sum
of$384,000 from Open Space Funds to Woodmen Properties LLC for the purchase of
real property parcels 16-20-229-052, 16-20-229-046 and 16-20-229-013 know as the
Sugar House Draw property.
Note:
A separate agreement is in development between Salt Lake County and Salt Lake City
Engineering Division regarding the construction and maintenance of the 1300 East Bridge and
trail underpass associated with this trail project.
A separate agreement will be developed between Salt Lake County and Salt Lake City through
the Open Space Program regarding an easement for development and construction of Parley's
Trail along the east and south edge of Hidden Hollow.
Discussions are underway with the developers of the Wilmington Property regarding the
incorporation of Parley's Trail through its project.
ATTACHMENT:
• Interlocal Agreement
• Preservation Easement Agreement
• Trail Agreement
• Agreement
County Contract No.
District Attorney No. 2008-1396
INTERLOCAL COOPERATION AGREEMENT
between
SALT LAKE COUNTY
and
SALT LAKE CITY
THIS INTERLOCAL COOPERATION AGREEMENT (this "Agreement") is
made effective , 2011,by and between SALT LAKE COUNTY, a body corporate
and politic of the state of Utah (the "County"), and SALT LAKE CITY CORPORATION, a
Utah municipal corporation(the"City").
RECITALS:
A. UTAH CODE ANN. §11-13-202 provides that any two or more public agencies may
enter into an agreement with one another for joint or cooperative actions.
B. UTAH CODE ANN. §11-13-214 provides that any public agency may convey
property to or acquire property from any other public agencies for consideration as may be
agreed upon.
C. The County and the City are public agencies as contemplated in the referenced
sections of the Utah Code(more specifically referred to as UTAH CODE ANN. § 11-13-101, et seq.
-Interlocal Cooperation Act).
D. The City will acquire property known as the Sugarhouse Draw Property. The
property is more particularly described in Exhibit"1"(the "Property").
E. The County Council has expressed an interest in purchasing a Preservation
Easement ("Easement") through the Property as attached as Exhibit "2" from the City, for
$275,000.
F. The parties, wishing to finalize an exchange of property interests in conformance
with the County Council's discussion,enter into this Agreement.
G. The City's contemplated transfer of the Easement to the County is an interest in
real property as contemplated in the Interlocal Cooperation Act.
AGREEMENT:
In consideration of the premises and for other good and valuable consideration, the
receipt and legal sufficiency of which is hereby acknowledged, the parties hereby agree as
follows:
mow
ARTICLE 1
GRANT
Section 1. Grant. The City hereby agrees to grant and convey to the County the
Easement.
ARTICLE 2
CONSIDERATION
Section 2. Consideration. The County and the City agree that in consideration of
the mutual benefit afforded the citizens of the City and the County from this grant of the
Easement and the exchange of agreed upon consideration in accordance with Section 11-13-214
of the Interlocal Cooperation Act, the County will pay City $275,000. No other consideration
shall pass between the County and the City unless stated herein. Each party shall be responsible
for its own costs of any action done pursuant to this Agreement, and for any financing of such
costs.
ARTICLE 3 •
ADDITIONAL PROVISIONS
Section 3. No Interference. As long as the City uses the Property in conformance
with the Easement, the County shall not unreasonably obstruct or interfere with the free and
unimpeded use of the Property by the City.
Section 3.1. Duration. The term of this Agreement shall commence upon its
execution, and the duration shall be fifty (50) years from the date of execution. The Easement
contemplated herein shall be perpetual.
Section 3.2 General Provisions. The following provisions are also integral parts of
this Agreement:
(a) Binding Agreement. This Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the respective parties hereto.
(b) Captions. The headings used in this Agreement are inserted for reference
purposes only and shall not be deemed to define, limit, extend, describe, or affect in any way the
meaning, scope or interpretation of any of the terms or provisions of this Agreement or the intent
hereof.
(c) Counterparts. This Agreement may be signed in any number of counterparts with
the same effect as if the signatures upon any counterpart were upon the same instrument. All
signed counterparts shall be deemed to be one original.
(d) Severability. The provisions of this Agreement are severable, and should any
provision hereof be void, voidable, unenforceable or invalid, such void, voidable, unenforceable
or invalid provision shall not affect the other provisions of this Agreement.
2 •
(e) Waiver of Breach. Any waiver by either party of any breach of any kind or
character whatsoever by the other, whether such be direct or implied, shall not be construed as a
continuing waiver of or consent to any subsequent breach of this Agreement.
•
(f) Cumulative Remedies. The rights and remedies of the parties hereto shall be
construed cumulatively, and none of such rights and remedies shall be exclusive of, or in lieu or
limitation of,any other right,remedy or priority allowed by law.
(g) Amendment. This Agreement may not be modified except by an instrument in
writing signed by the parties hereto.
(h) Time of Essence. Time is of the essence in this Agreement.
(i) Interpretation.This Agreement shall be interpreted, construed and enforced
according to the substantive laws of the state of Utah.
(j) Notice. Any notice or other communication required or permitted to be given
hereunder shall be deemed to have been received (a) upon personal delivery or actual receipt
thereof or (b) within three (3) days after such notice is deposited in the United States mail,
certified mail postage prepaid and addressed to the parties at their respective addresses.
(k) No Interlocal Entity. The parties agree that they do not by this Agreement create
an interlocal entity.
(1) Joint Board. As required by Utah Code Ann. § 11-13-207, the parties agree that
the cooperative undertaking under this Agreement shall be administered by a joint board
consisting of the County's Mayor or designee and the City's Mayor or designee. Any real or
personal property used in the parties' cooperative undertaking herein shall be acquired,held, and
disposed in accordance with this Agreement.
(m) Financing Joint Cooperative Undertaking and Establishing Budget. There is
financing of joint or cooperative undertaking, but no future budget shall be established or
maintained unless described herein.
(n) Manner of Acquiring, Holding or Disposing of Property. The Easement will be
acquired, held or disposed of pursuant to this Agreement and unless agreed to herein shall not be
used in a joint or cooperative undertaking.
(o) Exhibits and Recitals. The Recitals set forth above and all exhibits to this
Agreement are incorporated herein to the same extent as if such items were set forth herein in
their entirety within the body of this Agreement.
(p) Governmental Immunity. Both parties are governmental entities under the
Governmental Immunity Act,Utah Code Ann. Title 63G Chapter 7;therefore, consistent with
the terms of the Governmental Immunity Act,the parties agree that each party is responsible and
liable for any wrongful or negligent acts which it commits or which are committed by its agents,
officials,or employees. Neither party waives any defenses or limits of liability otherwise
available under the Governmental Immunity Act and all other applicable law,and both parties
3
maintain all privileges, immunities, and other rights granted by the Governmental Immunity Act
and all other applicable law.
•
(q) Ethical Standards. The Parties hereto represent that they have not: (a)provided
an illegal gift or payoff to any officer or employee, or former officer or employee, or to any
relative or business entity of an officer or employee, or relative or business entity of a former
officer or employee of the other Party hereto; (b)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 of bona fide commercial agencies established for
the purpose of securing business; (c)breached any of the ethical standards set forth in State
statute or Salt Lake County's Ethics, Gifts and Honoraria ordinance(Chapter 2.07, Salt Lake
County Code of Ordinances, (2001)or of Salt Lake City's conflict of interest ordinance,
(Chapter 2.44, Salt Lake City Code));or(d)knowingly influenced, and hereby promise that they
will not knowingly influence, any officer or employee or former officer or employee to breach
any of the ethical standards set forth in State statute, Salt Lake County ordinances or Salt Lake
City ordinances.
(r) Attorney Review. This Agreement shall be reviewed as to proper form and
compliance with applicable law by the authorized attorneys for the County and City in
accordance with Utah Code Ann. § 11-13-202.5.
(s) Copies. Duly executed original counterparts of this Agreement shall be filed with
the keeper of records of each party,pursuant to Utah Code Ann. § 11-13-209. Amok
(t) Third Parties. Nothing herein expressed or implied is intended or shall be
construed to confer upon or give any person, board or entity,other than the parties hereto and
their successors and assigns,any right or remedies by reason of this Agreement,as a third party
beneficiary or otherwise.
(u) Relationship of the Parties. Nothing contained in this Agreement shall constitute
or be construed to create any partnership or agency relationship between the County and the
City,or to create any new entity.
(v) Assignment. County or City shall not assign, sublease or transfer any interest in
this Agreement.
(w) Entire Agreement. This Agreement, its Exhibits and Attachments, and the
applicable laws, regulations and policies referenced herein, constitute the entire Agreement
between the parties regarding the subject matter hereof and is intended to be a final expression of
their Agreement. No promise, representation, warranty or covenant not included in this
document has been or is relied upon by any party. Each party has relied upon its own
examination of the full Agreement and the counsel of its own advisors.
Ask
IN WITNESS WHEREOF, the City, by resolution duly adopted by its City Council, a
copy of which is attached hereto, caused this Agreement to be signed by its Mayor and attested
by its City Recorder; and the County, by resolution of its County Council, a copy of which is
attached hereto, caused this Agreement to be signed by the Mayor, or his designee, his or her
signature being duly notarized.
SALT LAKE COUNTY
By
Mayor Peter Corroon or Designee
SALT LAKE COUNTY DISTRICT
ATTORNEY APPROVAL:
As to proper form and compliance with law
Date
STATE OF UTAH )
: ss
County of Salt Lake )
On this day of , 2011,personally appeared before me
, who being duly sworn,did say that (s)he is the
of Salt Lake County,Office of Mayor, and that the
foregoing instrument was signed on behalf of Salt Lake County,by authority of law.
NOTARY PUBLIC
[SEAL] Residing in Salt Lake County
SALT LAKE CITY
By
Title
A lTST:
Its: APPROVED AS TO FORM
Salt Lake County Distnc ttorney's Office
5 By
• Attorney
DateWRity..-6;
-2y—//
SALT LAKE CITY
ATTORNEY APPROVAL:
As to proper form and compliance with law
Date
STATE OF UTAH )
: ss
County of Salt Lake )
On this day of ,2011,personally appeared before me
,who being duly sworn,did say that(s)he is the
of Salt Lake City,Utah„and that the foregoing instrument
was signed on behalf of Salt Lake City,by authority of law.
40044..
NOTARY PUBLIC
[SEAL] Residing in Salt Lake County
HB_ATTY-#6067-v1-Interlocal_agreement with_Salt Lake_County_re_Sugar_House_draw_project.DOC
6
EXHIBIT"1"
OVERALL AS-SURVEYED DESCRIPTION
A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 1
SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT THAT IS S.00°01'00"E. ALONG THE MONUMENT LINE OF 1300 EAST
STREET 394.99 FEET AND S.89°59'00"W. 71.97 FEET FROM THE INTERSECTION OF THE
MONUMENT LINE OF 2100 SOUTH STREET WITH THE MONUMENT LINE OF 1300 EAST STREET,
SAID POINT OF INTERSECTION BEING S.89°58'50"E.41.81 FEET FROM A FOUND SALT LAKE CITY
BRASS CAP MONUMENT IN 2100 SOUTH STREET, SAID POINT OF BEGINNING ALSO BEING
S.00°01'00"E. 361.89 FEET FROM THE NORTHEAST CORNER OF LOT 10, BLOCK 46, 10 ACRE
PLAT A, BIG FIELD SURVEY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE •
OF 1300 EAST STREET,AND THE NORTH LINE OF A SURVEY KNOWN AS PARK VIEW PLAZA I & II,
FILED IN THE SALT LAKE COUNTY SURVEYORS OFFICE BY BUSH AND GUDGELL, INC.AS
#S2004-12-0992 AND DATED JUNE 01, 2004;THENCE ALONG SAID NORTH LINE THE FOLLOWING
• FIVE(5)COURSES: 1) NORTHWESTERLY 46.55 FEET ALONG THE ARC OF A 386.31 FOOT
RADIUS NON-TANGENT CURVE TO THE LEFT(CENTER BEARS S.18°06'22"W WITH A CENTRAL
ANGLE OF 6°54'15"); 2) S.89°50'42"W. 3.92 FEET TO A POINT ON A 385.00 FOOT RADIUS NON-
TANGENT CURVE TO THE LEFT; 3) NORTHWESTERLY ALONG SAID ARC 11.22 FEET(CENTER
BEARS S.14°52'41'W WITH A CENTRAL ANGLE OF 1°40'12");4)S.89°38'00"W. 136.01 FEET TO THE
EAST LINE OF LOT 3 OF A SURVEY KNOWN AS HOMESTEAD VILLAGE IN THE SALT LAKE
COUNTY RECORDERS OFFICE DATED 10-20-97 IN BOOK 97-10P PAGE 316; 5)S.89°38'00"W. 75.81
FEET TO THE EAST LINE OF A SURVEY KNOWN AS HIDDEN HOLLOW PROPERTY SURVEY,
FILED IN THE SALT LAKE COUNTY SURVEYORS OFFICE BY SALT LAKE CITY CORPORATION AS
#S01-04-0247 AND DATED APRIL 12, 2001;THENCE N.00°20'59"E.ALONG SAID EAST LINE TO AN
ANGLE POINT 0.04 FEET;THENCE N.00°08'55"W.ALONG SAID LINE 39.96 FEET; THENCE
N.89°38'00"E. 75.84 FEET TO A POINT ON THE EAST LINE OF HOMSTEAD VILLAGE AND THE
WEST LINE OF A SURVEY KNOWN AS BECKSTRAND BUILDING, FILED IN THE SALT LAKE
COUNTY SURVEYORS OFFICE BY ENSIGN AS#S96-12-0595 AND DATED DECEMBER 16, 1996;
THENCE N.89°38'00"E. 195.87 FEET TO THE WEST LINE OF 1300 EAST STREET; THENCE
S.00°01'00"E.ALONG SAID WEST LINE 54.87 FEET TO THE POINT OF BEGINNING.
CONTAINS 11,269 SQUARE FEET OR 0.26 ACRES MORE OR LESS
AS-SURVEYED DESCRIPTION
PARCEL 1
A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 1
SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT THAT IS S.00°01'00"E.ALONG THE MONUMENT LINE OF 1300 EAST
STREET 394.99 FEET AND S.89°59'00"W. 71.97 FEET FROM THE INTERSECTION OF THE
MONUMENT LINE OF 2100 SOUTH STREET WITH THE MONUMENT LINE OF 1300 EAST STREET,
SAID POINT OF INTERSECTION BEING S.89°58'50"E.41.81 FEET FROM A FOUND SALT LAKE CITY
BRASS CAP MONUMENT IN 2100 SOUTH STREET TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION, SAID POINT OF BEGINNING ALSO BEING S.00°01'00"E. 361.89 FEET FROM THE
NORTHEAST CORNER OF LOT 10, BLOCK 46, 10 ACRE PLAT A, BIG FIELD SURVEY, POINT ALSO
BEING ON THE WESTERLY RIGHT OF WAY LINE OF 1300 EAST STREET,AND THE NORTH LINE
OF A SURVEY KNOWN AS PARK VIEW PLAZA I& II, FILED IN THE SALT LAKE COUNTY
SURVEYORS OFFICE BY BUSH AND GUDGELL, INC.AS#S2004-12-0992 AND DATED JUNE 01,
2004; THENCE ALONG SAID NORTH LINE THE FOLLOWING FOUR (4) COURSES: 1)
NORTHWESTERLY 46.55 FEET ALONG THE ARC OF A 386.31 FOOT RADIUS NON-TANGENT
7
ANIONa
CURVE TO THE LEFT(CENTER BEARS S.18°06'22"W WITH A CENTRAL ANGLE OF 6°54'15"); 2)
S.89°50'42"W. 3.92 FEET TO A POINT ON A 385.00 FOOT RADIUS NON-TANGENT CURVE TO THE
LEFT; 3) NORTHWESTERLY ALONG SAID ARC 11.22 FEET(CENTER BEARS S.14°52'41"W WITH A
CENTRAL ANGLE OF 1°40'12"); 4)S.89°38'00'W. 136.01 FEET TO THE EAST LINE OF A SURVEY
KNOWN AS HOMESTEAD VILLAGE IN THE SALT LAKE COUNTY RECORDERS OFFICE DATED 10-
20-97 IN BOOK 97-10P PAGE 316;THENCE N.00°05'39"W.40.00 FEET; THENCE N.89°38'00"E.
195.87 FEET TO THE WEST LINE OF 1300 EAST STREET;THENCE S.00°01'00"E. ALONG SAID
WEST LINE 54.87 FEET TO THE POINT OF BEGINNING.
CONTAINS 8,236 SQUARE FEET OR 0.19 ACRES MORE OR LESS
AS-SURVEYED DESCRIPTION
PARCEL 2
A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 1
SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT THAT IS S.00°01'00"E. ALONG THE MONUMENT LINE OF 1300 EAST
STREET 394.99 FEET AND S.89°59'00'W. 71.97 FEET FROM THE INTERSECTION OF THE
MONUMENT LINE OF 2100 SOUTH STREET WITH THE MONUMENT LINE OF 1300 EAST STREET,
SAID POINT OF INTERSECTION BEING S.89°58'50"E.41.81 FEET FROM A FOUND SALT LAKE CITY
BRASS CAP MONUMENT IN 2100 SOUTH STREET SAID POINT OF BEGINNING ALSO BEING
S.00°01'00"E. 361.89 FEET FROM THE NORTHEAST CORNER OF LOT 10, BLOCK 46, 10 ACRE
PLAT A, BIG FIELD SURVEY, POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF
1300 EAST STREET, AND THE NORTH LINE OF A SURVEY KNOWN AS PARK VIEW PLAZA I&II, ,m„
FILED IN THE SALT LAKE COUNTY SURVEYORS OFFICE BY BUSH AND GUDGELL, INC. AS
#S2004-12-0992 AND DATED JUNE 01,2004; THENCE ALONG SAID NORTH LINE THE FOLLOWING
FOUR (4)COURSES: 1) NORTHWESTERLY 46.55 FEET ALONG THE ARC OF A 386.31 FOOT
RADIUS NON-TANGENT CURVE TO THE LEFT(CENTER BEARS S.18°06'22"W WITH A CENTRAL
ANGLE OF 6°54'15"); 2) S.89°50'42"W. 3.92 FEET TO A POINT ON A 385.00 FOOT RADIUS NON-
TANGENT CURVE TO THE LEFT; 3) NORTHWESTERLY ALONG SAID ARC 11.22 FEET(CENTER
BEARS S.14°52'41'W WITH A CENTRAL ANGLE OF 1°40'12");4) S.89°38'00'W. 136.01 FEET TO THE
EAST LINE OF LOT 3 OF A SURVEY KNOWN AS HOMESTEAD VILLAGE IN THE SALT LAKE
COUNTY RECORDERS OFFICE DATED 10-20-97 IN BOOK 97-10P PAGE 316 AND THE TRUE POINT
OF BEGINNING FOR THIS DESCRIPTION; THENCE S.89°38'00"W. 75.81 FEET TO THE EAST LINE
OF A SURVEY KNOWN AS HIDDEN HOLLOW PROPERTY SURVEY, FILED IN THE SALT LAKE
COUNTY SURVEYORS OFFICE BY SALT LAKE CITY CORPORATION AS#S01-04-0247 AND DATED
APRIL12, 2001; THENCE N.00°20'59"E. ALONG SAID EAST LINE TO AN ANGLE POINT 0.04 FEET;
THENCE N.00°08'55"W. ALONG SAID LINE 39.96 FEET;THENCE N.89°38'00"E. 75.84 FEET TO A
POINT ON THE EAST LINE OF HOMSTEAD VILLAGE; THENCE S.00°05'39"E. ALONG SAID WEST
LINE 40.00 FEET;TO THE POINT OF BEGINNING.
CONTAINS 3,033 SQUARE FEET OR 0.07 ACRES MORE OR LESS
8
WHEN RECORDED MAIL TO: Parcel Nos: 16-20-229-013
Salt Lake County Real Estate Section 16-20-229-046
2001 South State Street,N4500 16-20-229-052
Salt Lake City,UT 84190-3100
PRESERVATION EASEMENT AND RESERVATION OF RIGHTS
This Preservation Easement and Reservation of Rights (the "Easement") is executed this
day of , 2011, by and between Salt Lake City, a Utah municipal
corporation ("City" or "Grantor"), and Salt Lake County, a political subdivision of the State of
Utah("County"or"Grantee").
RECITALS
WHEREAS, City will purchase certain real property located in Salt Lake City, State of Utah,
known as the Sugar House Draw, which property is more particularly described in Exhibit "A"
attached to this Easement and by reference is incorporated (the"Property").
WHEREAS, the Property is part of the Parley's Trail system and has been designed by Salt Lake
County, and will subject to approval and acceptance by the City, a copy of the construction
documents are attached hereto as Exhibit"B"(the"Construction Documents").
WHEREAS, this Easement is being granted for the purpose of preserving and maintaining the imett'
Property as part of the Parley's Trail and for recreational use and public access to Hidden Hollow
Nature Park (the"Park") for the benefit of the public and the residents of County and City.
WHEREAS,the Property is valued by the community as a trail and access to a peaceful urban
Open Space amenity; and
WHEREAS,the Grantor intends that the Preservation and Recreation Values of the Property,
including without limitation those relating to the Property's passive recreational use and public
access,be preserved and maintained; and
WHEREAS,the Grantor further intends,as the owner of the Property,to convey to the Grantee
the right to preserve and protect the Property in perpetuity.
•
WHEREAS, The Property will provide access to recreational open space for the current and
future residents of County and City, and such use is consistent with the protection of open land
and will contribute to the scenic enjoyment by the public.
NOW, THEREFORE, for good and valuable consideration, the receipt, adequacy and
legal sufficiency of which is acknowledged, City hereby grants the following Easement to
County:
4111114.
1. Purpose. It is the purpose of the Easement to assure that the Property, as
described in Exhibits"A" &"B",will be retained and maintained forever while preserving the
elements of the Master Plan and permitting recreational use for the benefit of the general public.
This Easement is granted to prevent any use of the Property that will impair,interfere with or be
inconsistent with the foregoing.
2. Definitions. In addition to the terms defined above in this Easement,the
following terms shall have the meanings set forth.
a. "Recreational use"means,but is not limited to,recreational activities such
as walking,bicycling, hiking, studying nature and other such activities associated with public
trails.
b. "Recreational facilities"means all improvements, facilities and systems to
be constructed,operated or maintained in connection with the master plan as they may exist from
time to time either on a permanent or temporary basis including,without limitation, lighting,
trails,landscaping,interpretive signage,irrigation and drainage systems and facilities.
c. "Mortgage"means a recorded mortgage, deed of trust or other security
agreement creating a lien on the Property.
d. "Mortgagee"means the mortgagee,beneficiary or other secured party
under a Mortgage.
e. "Occupant"means any Person that,by virtue of a contract to purchase, a
lease,a rental arrangement,a license or any other instrument,agreement,contract document,
understanding, or arrangement is entitled to or does occupy,possess or use the Property or any
portion of the Property.
f. "Owner"means the Person that,at the time concerned,is the owner of
record in the office of the County recorder of Salt Lake County,Utah of a fee or an undivided fee
interest in the Property or any portion of the Property. In the event there is more than one owner
of the Property or any portion of the Property involved at the time concerned,the liability of each
such Owner for performance or compliance with the applicable provisions of the Declaration
shall be joint and several. Notwithstanding any applicable theory relating to a mortgage,deed of
trust, or like instrument,the term"Owner"shall not mean or include a Mortgagee and until such
Person has acquired fee title pursuant to foreclosure,trustee's sale or any arrangement or
proceeding in lieu thereof.
g. "Person"means a natural person or a legal entity.
3. Grant of Easement. City hereby grants to County a perpetual easement for the
purpose of constructing,maintaining,and operating a public trail and an emergency drainage
system,and appurtenant landscaping and improvements,preserving the Property's access to
Sugarhouse Park and Hidden Hollow Natural Area, and for preservation of the Property as a
trail. County shall have the right, at its sole risk and expense,to enter the Property at all times
2
and without notice to the Owner of the Property,for the purposes stated in this Easement. Except
for those uses expressly provided for in this Easement and subject to the reservations set forth in
Section 4 below,the Property shall be limited to use as a public trail and infrastructure for the
enjoyment of the public.
4. Rights. County shall have the exclusive and non-terminable right to develop,
construct,operate and maintain the Property from time to time and to carry out the provisions of
the attached Construction Documents, subject to and consistent with the purpose of this
Easement as described in Section 1 above, and Section 3 above, and City ordinances. City and
County shall each have the right to block access across the Property temporarily for maintenance
and to inundate the Property to relieve flooding at Sugarhouse Park when Parley's Creek is at
flood stage.
5. Prohibited Uses. Any activity on or use of the Property inconsistent with the
purposes of this Easement is prohibited. Prohibited uses shall include the following as long as
they are not inconsistent with Section 1 or Section 4, above.
A. No buildings or additional improvements of any kind may be constructed,built,
maintained or operated on the Property at any time except for the trail infrastructure
outlined in the approved and permitted Construction Documents.
B. Use of motorized vehicles,including motorcycles, all-terrain vehicles, and
snowmobiles, except for security,emergency, and maintenance purposes and as ,—
otherwise specifically permitted under this Easement;
C. Construction,expansion,relocation or location of any structure except for structures
specifically permitted under this Easement and except any permitted construction
within an existing easement;
D. Development,pre-sale, division, subdivision,or defacto subdivision(through long
term leasing or otherwise)of the Property for any type of human occupation;
E. Construction of buildings,residences,mobile homes, or other structures, or any
other improvements constructed or placed in, on,under, or upon the Property except
to the extent provided in Paragraph 4;
F. New telephone,telegraph, cable television,electric,cellular phone towers, gas,
water, sewer, or other utility lines nor a utility corridor or easement routed over,
through,under, in, or upon the Property;
G. Quarrying,mining, excavation,depositing, or removing of rocks, gravel,minerals,
sand, or other similar materials from the Property;
H. Construction of any roads, except as existing on the Property or associated with the
development of Parley's Trail;
3
I. Exploration or drilling for or production of oil, gas,or other hydrocarbons;
J. Mining or removal of groundwater for use off of the Property including,but not
limited to,the sale,removal or transfer of water rights and shares for use off of the
Property unless expressly agreed to by Grantee; and diking,draining, filling or
altering of bodies of water;
K. Swimming in any pond, stream, canal,or wetland feature;
L. Maintenance of any livestock or domestic animals on the Property;
M. Dumping, depositing, abandoning,discharging, storing,maintaining, or releasing
any gaseous, liquid, solid,or hazardous wastes, substance,materials,pollutants,or
debris of whatever nature on,in or over the ground or into surface or ground water
of the Property;
N. Placement,erection, or maintenance of signs,billboards, or outdoor advertising
structures on the Property except for a reasonable number of signs for the following
purposes:
a. to state the name of the Park or any portion thereof; and
b. to post the Property with appropriate recreational and resource interpretive signs
and signs posting rules and restrictions.
Provided,however,this sub-Paragraph(N)shall not limit the right of Grantee to display
on the Property, at its discretion, such sign as it may customarily use to identify lands under
preservation easement,the terms of such easement and that the Easement was purchased using
bond proceeds from the Parks and Open Space Bond. All locations of Grantee's signs shall be
subject to approval by City;
O. Hunting; and
P. All other uses and practices inconsistent with and significantly detrimental to the
• stated objectives and purposes of the Easement and shall be in accordance with Salt
Lake City's rules and regulations governing property owned by Salt Lake City and
used in the manner identified in this Easement.
6. Notice and Approval of Grantor's Activities. Grantor shall not undertake or permit any
activity requiring prior approval by the Grantee without first having notified and received
approval from the Grantee as provided herein.Salt Lake County Parks and Recreation Division
will consult with and receive approval from Salt Lake City on any proposed improvements on
the Property, such as trail construction,landscaping,or other improvements that alter the
condition of the Property.
7. Enforcement of Easement.
4
.,.*kook,
A. City, and its successors in interest, shall notify Grantee, or its successors in
interest,in writing, before exercising any right reserved by City or its successors in interest,
expressly or impliedly, with respect to the Property or the exercise of its right to make changes to
the Property from its original condition that may have a significant impact on the Property. Said
notice shall inform Grantee of all aspects of the proposed activity including,but not limited to,
the nature, magnitude, and anticipated effect of the proposed activity or use with respect to the
purpose of the Easement. Such notice shall be sent by registered or certified mail,return receipt
requested,addressed to the following:
Salt Lake County Mayor
2001 South State Street,N2100
Salt Lake City,UT 84190-1000
with copies to: Salt Lake County Real Estate Section
2001 South State Street,N4500
Salt Lake City,UT 84190-3100
or to such other address as Grantee may designate.
B. Grantee shall have ninety-(90)-days from the mailing of such notice to review the
proposed activity and notify City, or its successors in interest,of any objections thereto. Such
objections, if any, shall be based upon Grantee's opinion that the proposed activity is
inconsistent with this Easement, and shall inform City, or its successors in interest, of the
manner, if any, in which the proposed activity can be modified to be consistent with the
Easement. Grantee shall have the right to prevent any proposed activity that is incompatible with
the authorized uses or prohibitions specified herein. If notice of Grantee's objection is not given
to City,or its successors in interest, as required by Paragraph 7 (A),within ninety-(90)-days after
City,mails its notice of a proposed activity, Grantee shall have waived its right to object to the
proposed activity.
C. Regardless of receipt of notice,if Grantee determines that City,or City's
successors in interest, are in violation of the terms of this Easement,Grantee shall give written
notice to City, or City's successors in interest, of such violation and demand corrective action
sufficient to cure the violation and where this violation has injured the Property because of a use
or activity inconsistent with this Easement,to restore the Property the extent possible to the
condition of the Property before the violation occurred. The Parties recognize that Grantee may
bring an action in law or equity in a court of competent jurisdiction to enforce the terms of this
Easement, enjoin violations, or require restoration of the Property,as needed.
D. Any violation of the Easement shall be subject to injunctive proceedings with the
imposition of temporary restraining orders or through any other legal means. The Parties
recognize that monetary damages and/or other non-injunctive relief are not an adequate remedy
for violations of the covenants and restrictions of this Easement, and will not return the Property
to the condition that existed at the time this Easement was signed.
5
E. In the event of disputes as to any permitted or prohibited use of the Property,
Grantee and City, or their successors in interest, shall have the right to demand arbitration by
making such demand in writing upon the initiator of the dispute. Arbitration shall proceed under
the rules of the American Arbitration Association. In the event that Grantee or City, or their
successors in interest,exercise this right, if City, or their successors in interest,and Grantee
agree upon selection of one person to serve as arbitrator,there shall be only one (1)arbitrator. If
no agreement is reached within fifteen-(15)-days after the demand for arbitration,there shall be
three (3) arbitrators, one named by Grantee and one named by City,or their successors in
interest,within thirty-(30)-days after the demand for arbitration and a third chosen by those two
designated arbitrators. The decision of the arbitrator(or a majority of the arbitrators, as the case
may be)shall be binding. Should City or Grantee, or their respective successors in interest, •
refuse or neglect to timely appoint an arbitrator, a binding decision shall be rendered solely by
the arbitrator named by Grantee or City, or their respective successors in interest.
F. Except otherwise provided herein,failure by any party to exercise its rights under
this instrument in the event of any breach shall not be deemed or construed to be a waiver of the
Parties' rights hereunder as to that breach or any subsequent breach.
8. Amendment of Boundaries of Property. City shall not have the right to expand or reduce
any boundary of the Property without the prior written consent of County.
9. Effect on Mortgages. This Easement shall limit and restrict the right of City or its
successors or assigns to execute,deliver and record Mortgages on the Property,but shall not
limit or restrict the right of City to grant other rights or easements in respect of the Property.
10. Covenants to Run with Land. This Easement and the restrictions and covenants created
herein are covenants running with the land and shall be binding upon each Owner, Occupant, and
any other Person who acquires or comes to have any interest in the Property; and their respective
grantees,transferees,lessees,heirs,devisees,personal representatives, successors,and assigns.
Each Owner and Occupant shall comply with,and all interests in the Property shall be subject to,
the terms of this Easement. By acquiring, or in any way coming to have an interest in the
Property,the Person so acquiring or coming to have such interest in the Property, shall be
deemed to have consented to,and shall be bound by, each and every provision of this Easement.
County shall have the right to enforce the restrictions set forth herein by appropriate legal
proceedings.
11. Payment of Costs,Taxes or Assessments. County or its successors in interest shall bear
all costs of operation,upkeep and maintenance of the Property for as long as the Parley's Trail
exists on the Property. In the event that the County removes or abandons the trail, City or its
successors in interest shall bear all costs of operation,upkeep and maintenance of the Property,
and Grantee shall have no obligation or responsibility for the Property. All obligations of City
under this Easement, if more than one person or entity is the successor or assign of City, shall be
jointly severally binding on each such person or entity.
12. Amendments: Termination. If circumstances arise under which an amendment to or
modification of this Easement would be appropriate,City and Grantee may by mutual written
6
agreement jointly amend this Easement;provided that no amendment shall be made that will
adversely affect the qualification of this Easement under any applicable laws, including Sections
170(h)and 501(c)(3)of the United States Tax Code and the laws of the State of Utah. Any such
amendment shall be consistent with the purpose of this Easement, shall not affect its perpetual
duration,shall not permit residential,commercial or industrial development of the Property and
shall not permit any impairment of the significant Conservation Values of the Property. Any,
such amendment shall be filed in the Recorder's office of Salt Lake County, State of Utah.
Nothing in this paragraph shall require Grantor or Grantee to agree to any amendment or to
consult or negotiate regarding any amendment.
13. Governmental Immunity. County is a body corporate and politic of the State of Utah and
City is a municipal corporation and both parties are subject to the Utah Governmental Immunity
Act("Act"),Utah Code Ann. §§ 63G-7-101,et. seq. (1953,as amended). The Parties agree that
each of them shall only be liable within the parameters of the Governmental Immunity Act.
Nothing contained in this Easement shall be construed in any way,to modify the limits of
liability set forth in that Act or the basis for liability as established in the Act.
County and City each represent,that it is self-insured pursuant to the provisions of
Section 63G-7-801 of the Utah Code.
14. Titles,Captions and References. All section titles or captions in this Easement are for
convenience of reference only, shall not be deemed part of this Easement and in no way define,
limit, extend or describe the scope or intent of any provision of this Easement.
15. Program and Plurals. Whenever the context may require,any pronoun used in this
Easement shall include the corresponding masculine,feminine or neuter forms, and the singular
form of nouns,pronouns and verbs shall include the plural and vice versa.
16. Applicable Law. This Easement shall be construed in accordance with and governed by
the laws of the State of Utah.
17. Exhibits. All exhibits attached to or otherwise referenced in this Easement are expressly
made a part of this Easement as fully as though set forth in this Easement.
18. Change of Conditions. The fact that any use of the Property expressly prohibited by this
Easement or otherwise determined inconsistent with the purpose of this Easement may become
significantly more valuable or economical than permitted uses,or that neighboring properties
may in the future be put entirely to uses inconsistent with this Easement,has been considered by
Grantor in granting this Easement. It is Grantor's belief that any such changes will increase the
public's benefit and interest in the continuation of this Easement,and it is the intent of both
Grantor and Grantee that any such changes not be considered circumstances sufficient to
terminate this Easement, in whole or in part. In addition,the inability to carry on any or all of
the permitted uses, or the unprofitability of doing so, shall not impair the validity of this
Easement or be considered grounds for its termination.
7
19. Hold Harmless. Consistent with paragraph 13 above and the Governmental Immunity
Act, City,or its successors in interest,will hold harmless,indemnify and defend Grantee and its
officers, employees,agents and contractors and its successors, and assigns (collectively
"Indemnified Parties")from and against all liabilities,penalties, costs, losses, damages,
expenses, causes of action, claims,demands, or judgments,including,without limitation, arising
from or in any way connected with: (1)injury to or the death of any person,or physical damage
to any part of the Property, resulting from any act omission,condition,or other matter related to
or occurring on, or about the Property,regardless of cause,unless due solely to the negligence of
any of the Indemnified Parties; (2)the obligations specified in Paragraph 7; (3)the existence or
administration of this Easement; and (4)any presence or alleged presence of any hazardous
substance,hazardous waste,here taken in the broadest context, cleanup resulting from previous
landfills,dumping,toxic refuse or other waste for which the Superfund Act may be applied.
20. Construction. Any general rule of construction to the contrary notwithstanding, this
Easement shall be liberally construed in favor of the Easement and to effect the purpose of this
Easement and the policy and purpose of Utah Code Ann. §57-18-1,et seq. (1985)and related
provisions. If any provision in this instrument is found to be ambiguous,an interpretation
consistent with the purpose of this Easement that would render the provision valid shall be
favored over any interpretation to the contrary.
Grantor:
SALT LAKE CITY
By:
Mayor or Designee
A11'r,ST:
, City Recorder
APPROVED AS TO FORM:
, City Attorney
8
Ask
Grantee:
SALT LAKE COUNTY
By:
Mayor or Designee
STATE OF UTAH )
:ss.
COUNTY OF SALT LAKE )
On this day of ,2011;personally appeared before me
,who being duly sworn, did say
that(s)he is the of Salt Lake County, Office of Mayor,and that the
foregoing instrument was signed on behalf of Salt Lake County,by authority of law.
NOTARY PUBLIC
[SEAL] Residing in Salt Lake County
APPROVED AS TO FORM
Salt Lake ounty District Attorney%Office
By
puty ttorney
Date
9
EXHIBIT A
LEGAL DESCRIPTION
16-20-229-052, 16-20-229-046, and 16-20-229-013.
A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20,TOWNSHIP 1
SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT THAT IS S.00°01'00"E. ALONG THE MONUMENT LINE OF 1300 EAST
STREET 394.99 FEET AND S.89°59'00'W. 71.97 FEET FROM THE INTERSECTION OF THE
MONUMENT LINE OF 2100 SOUTH STREET WITH THE MONUMENT LINE OF 1300 EAST STREET,
SAID POINT OF INTERSECTION BEING S.89°58'50"E.41.81 FEET FROM A FOUND SALT LAKE CITY
BRASS CAP MONUMENT IN 2100 SOUTH STREET, SAID POINT OF BEGINNING ALSO BEING
S.00°01'00"E. 361.89 FEET FROM THE NORTHEAST CORNER OF LOT 10, BLOCK 46, 10 ACRE
PLAT A, BIG FIELD SURVEY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE
OF 1300 EAST STREET,AND THE NORTH LINE OF A SURVEY KNOWN AS PARK VIEW PLAZA I& II,
FILED IN THE SALT LAKE COUNTY SURVEYORS OFFICE BY BUSH AND GUDGELL, INC. AS
#S2004-12-0992 AND DATED JUNE 01, 2004;THENCE ALONG SAID NORTH LINE THE FOLLOWING
FIVE(5) COURSES: 1) NORTHWESTERLY 46.55 FEET ALONG THE ARC OF A 386.31 FOOT
RADIUS NON-TANGENT CURVE TO THE LEFT(CENTER BEARS S.18°06'22"W WITH A CENTRAL
ANGLE OF 6°54'15"); 2)S.89°50'42'W. 3.92 FEET TO A POINT ON A 385.00 FOOT RADIUS NON-
TANGENT CURVE TO THE LEFT; 3) NORTHWESTERLY ALONG SAID ARC 11.22 FEET(CENTER
BEARS S.14°52'41"W WITH A CENTRAL ANGLE OF 1°40'12");4)S.89°38'00"W. 136.01 FEET TO THE
EAST LINE OF LOT 3 OF A SURVEY KNOWN AS HOMESTEAD VILLAGE IN THE SALT LAKE
COUNTY RECORDERS OFFICE DATED 10-20-97 IN BOOK 97-10P PAGE 316; 5)S.89°38'00"W. 75.81
FEET TO THE EAST LINE OF A SURVEY KNOWN AS HIDDEN HOLLOW PROPERTY SURVEY,
FILED IN THE SALT LAKE COUNTY SURVEYORS OFFICE BY SALT LAKE CITY CORPORATION AS
#S01-04-0247 AND DATED APRIL 12, 2001;THENCE N.00°20'59"E.ALONG SAID EAST LINE TO AN
ANGLE POINT 0.04 FEET;THENCE N.00°08'55"W.ALONG SAID LINE 39.96 FEET; THENCE
N.89°38'00"E. 75.84 FEET TO A POINT ON THE EAST LINE OF HOMSTEAD VILLAGE AND THE
WEST LINE OF A SURVEY KNOWN AS BECKSTRAND BUILDING, FILED IN THE SALT LAKE
COUNTY SURVEYORS OFFICE BY ENSIGN AS#S96-12-0595 AND DATED DECEMBER 16, 1996;
THENCE N.89°38'00"E. 195.87 FEET TO THE WEST LINE OF 1300 EAST STREET;THENCE
S.00°01'00"E.ALONG SAID WEST LINE 54.87 FEET TO THE POINT OF BEGINNING.
CONTAINS 11,269 SQUARE FEET OR 0.26 ACRES MORE OR LESS
10
RESOLUTION NO. OF 2011
AUTHORIZING THE APPROVAL OF AN
INTERLOCAL COOPERATION AGREEMENT BETWEEN
SALT LAKE COUNTY, UTAH AND
SALT LAKE CITY CORPORATION
AND RATIFYING ACTIONS PREVIOUSLY TAKEN
WHEREAS, Title 11, Chapter 13, Utah Code Ann., 1953, allows public entities to enter
into cooperative agreements to provide joint undertakings and services; and
WHEREAS, the attached agreement has been prepared to accomplish said purposes;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as
follows:
1. It does hereby approve the execution and delivery of the following:
AN INTERLOCAL COOPERATIVE AGREEMENT (INCLUDING AN
ATTACHED PRESERVATION EASEMENT AND RESERVATION OF
RIGHTS) BETWEEN SALT LAKE COUNTY, UTAH AND SALT LAKE CITY
CORPORATION REGARDING THE PURCHASE OF PROPERTY KNOWN
AS THE SUGAR HOUSE DRAW PROPERTY, AND A COUNTY PAYMENT
TO SALT LAKE CITY IN EXCHANGE FOR A PRESERVATION EASEMENT
FROM THE CITY.
2. Ralph Becker, Mayor of Salt Lake City, Utah, or his designee, is hereby
authorized to approve, execute, and deliver said agreement on behalf of Salt Lake City
Corporation, in substantially the same form as now before the City Council and attached
hereto, or with such changes therein as the Mayor on behalf of the City shall approve, his
execution thereof to constitute conclusive evidence of such approval. If the agreement
was executed and delivered before the adoption of this resolution, such execution and
delivery by the Mayor and others are hereby approved, ratified, and confirmed.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2011.
SALT LAKE CITY COUNCIL
By:
CHAIRPERSON
PARLEY'S TRAIL AGREEMENT
This Agreement is between Salt Lake City Corporation, a Utah municipal corporation (the "City"),
Salt Lake County, a body corporate and politic of the State of Utah, (the"County"), Mecham Parkview
Associates, L.L.C., a Utah limited liability company and Fong Parkview Associates, L.L.C., a Utah limited
liability company(collectively"Parkview Plaza"), and Woodmen Properties, L.C. ,a Utah limited liability
company("Woodmen").
Recitals:
A. Woodmen is the owner of the "Draw Property," which is the shaded area labeled "Sugar House
Park Trail" on the Site Plan attached hereto as Exhibit"A" ("Site Plan"). A legal description of
the Draw Property is attached as Exhibit"B."
B. Parkview Plaza is the owner of the "Parkview Plaza Property"which is adjacent to the southern
border of the Draw Property. A legal description of the Parkview Plaza Property is attached as
Exhibit C, and the Parkview Plaza Property is also shown on Exhibit C as the shaded area labeled
"Parcel 2 Park View Plaza."
C. The Draw Property and the Parkview Plaza Property are subject to the following reciprocal
easements(the "Existing Easements"):
a. Memorandum of Development, Ground Lease,and Reciprocal Easement Agreement,
dated February 4, 1994 and recorded October 21, 1996 as entry no 6486018, book 7516,
pages 2068- 2077,Salt Lake County Recorder's office(the "1996 Easement"). The 1996
Easement also benefits and burdens property owned by third parties("Third Party
Property")on which the Homestead Studio Suites Hotel ("Homestead")and Lone Star
Steakhouse("Lone Star") are located and property owned by Woodmen located
immediately north of the Draw Property.
b. Development Agreement and Reciprocal Easement Agreement,dated August 3, 2001
and recorded November 27, 2001 as entry no 8071443, book 8531, pages 4118-4127,
Salt Lake County Recorder's office (the "2001 Easement"). The 2001 Easement also
benefits and burdens property owned by Woodmen located immediately north of the
Draw Property.
D. The Parkview Plaza Property is subject to a Pedestrian Easement("Pedestrian Easement") in
favor of the City pursuant to Paragraph 1 of the Reciprocal Easement Agreement among
Parkview Plaza,the City and Utah Open Lands Conservation Association ("Utah Open Lands")
recorded November 15,2001 with the City Recorder, and recorded March 31, 2010 as entry no
10924791, book 9814, pages 4263-4274,Salt Lake County Recorder's office.
E. The County is developing a multi-purpose recreational trail (the "Parley's Trail") which will be
located on the Draw Property. Prior to or contemporaneously with this Agreement,the City and
Woodmen have entered into a Purchase Agreement pursuant to which the City will purchase
1 1/r .
O1/10/11 ij
V
the Draw Property(the "Draw Sale"). As part of the development of Parley's Trail,the City
intends to grant the County an easement on the Draw Property for Parley's Trail. Woodmen is
subdividing the Draw Property into a legal lot to allow for its sale to the City.
F. The purpose of this Agreement is to address matters related to the Draw Property and the
Parkview Plaza Property which are necessary for the development of Parley's Trail, including the
termination of the Existing Easements.
Agreement:
In consideration of the premises and the covenants set forth herein,the Parties hereby agree to the
following:
1. Contingency. This contingency is for the benefit of, and may be waived by,the City and the
County. This Agreement is contingent upon (a)the City completing the purchase of the Draw
Property from Woodmen and (b)the City granting an easement to the County for Parley's Trail
(collectively,the"Draw Closing"). The closing of the transactions set forth in this Agreement
(the "Closing")shall take place contemporaneously with the Draw Closing or such earlier date as
established by the City and the County following waiver of this contingency and not less than
five days written notice to the parties.
2. Payment to Parkview Plaza. At Closing, in consideration of the provisions of this Agreement,
including without limitation the execution of the other documents referenced in this Agreement
and performance by Parkview Plaza of all obligations under this Agreement and the other
documents referenced in this Agreement, Parkview Plaza shall be paid the sum of$200,000.00
and be reimbursed for its costs associated with the transactions represented by this Agreement
in an amount not to exceed$10,000,which amounts shall be allocated amongst and paid by the
other parties to this Agreement as they determine. Under no circumstance shall the City pay or
be responsible for any portion thereof.
3. Termination of Existing Easements. By Closing, Woodmen and Parkview Plaza agree to execute
and deliver a Termination of Easements substantially in the form attached hereto as Exhibits D-1
and D-2 terminating, except as provided therein,the Existing Easements and any other interest
of Parkview Plaza in the Draw Property. Woodmen shall obtain the signatures of Homestead
and Lone Star, or their successors in interest,to Exhibit D-1 and Parkview Plaza shall obtain the
consent of their lenders to the Termination of Easements pursuant to Exhibits D-1 and D-2.
4. Termination of Pedestrian Easement. At or prior to Closing, and subject to any City processes,
the City agrees to execute and deliver a Termination of Easement substantially in the form
attached hereto as Exhibit D-3 terminating the City's Pedestrian Easement contained in
paragraph 1, page 2 of the Reciprocal Easement Agreement between and among Mecham
Parkview Associates, L.L.C., Fong Parkview Associates, L.L.C., Salt Lake City Corporation, and
2
01/10/11 ��
Utah Open Lands Conversation Association, recorded November 15, 2001 by the City Recorder,
and recorded March 31, 2010 as entry no 10924791, book 9814, pages 4263-4274,Salt Lake
County Recorder's office (hereinafter the "Reciprocal Easement Agreement"). The Termination
Easement shall be held in escrow and not recorded until thirty(30)days after completion of the
construction of Parley's Trail by Salt Lake County through the Draw Property as certified by the
City.
5. Grant of Access Easement to Parkview Plaza. At Closing,Woodmen and Parkview Plaza agree to
execute and deliver an Access Easement Agreement substantially in the form attached hereto as
Exhibit"E" (the "Access Easement")granting Parkview Plaza easements over the portion of the
Draw Property shown as the shaded area and legally described in Exhibit D attached to the
Access Easement( "Access Easement Area")for access and property operations and
maintenance and service matters, including service vehicles,and the City and Parkview Plaza
agree to execute and deliver a Curb Cut and Crane Access Agreement substantially in the form
attached hereto as Exhibit"F" ("Curb Cut and Crane Access Agreement"),allowing for an
additional curb cut and second vehicular access point for the Parkview Plaza Property on 1300
East,and other matters related to the operation of the Parkview Plaza Property after the
termination of the Existing Easements. By Closing,the City shall have in place a pre-approved
traffic control plan reasonably approved by Parkview Plaza,which shall provide Parkview Plaza
the ability to have crane access on City property and 13th East Street on an emergency basis,
including a 24 hour per day contact information for the City,and the right of Parkview Plaza to
reasonably proceed with emergency access if the City does not respond. Upon the closing of the
sale of the Draw Property to the City,the City shall accept title to the Draw Property subject to
the Access Easement.
6. Landscape Agreement and Easement. At Closing, Parkview Plaza and the County agree to
execute and deliver a Landscape Agreement and Easement substantially in the form attached
hereto as Exhibit"G" obligating the County to maintain the portion of the Parkview Plaza
Property described in Exhibit D of the Landscape Agreement and Easement(the"Landscape
Area"), and granting the City and the County a landscape easement in the Landscape Area. The
initial landscaping in the Landscape Area shall be substantially in accordance with the landscape
plan shown on Exhibits A-4 and A-5 attached to the Landscape Agreement and Easement,with
the intent that the Landscape Area not be inconsistent with the operation of a Class A office
building and not be a secluded area which could be more attractive to vagrants.
7. Hidden Hollow. Prior to Closing,the County shall prepare landscaping and maintenance plans
consistent with the intent of Hidden Hollow being a nature park with native vegetation which
shall be subject to approval by the City and Utah Open Lands for the area immediately west of
the Parkview Plaza Property shown on Exhibit A-5 of the Landscape Agreement and Easement
(the "Hidden Hollow Landscape Area"). The landscaping and maintenance plans will preserve
existingviews from windows in the Parkview Plaza, include a buffer of fire resistant materials ' ',
JI
3
01/10/11 /
adjacent to the Parkview Plaza and shall be subject to the approval of Parkview Plaza, which
approval shall not unreasonably be withheld. Parkview Plaza approves the landscaping plan for
the Hidden Hollow Landscape Area shown in Exhibit A-5 of the Landscape Agreement and
Easement.
8. Construction by County. Following Closing and at such time as the County is constructing
Parley's Trail on the Draw Property,the County shall construct, at no expense to Parkview Plaza,
the following improvements regarding the Parkview Plaza Property as part of the development
and construction of Parley's Trail in accordance with construction plans approved in writing by
Parkview Plaza,which approval shall not be unreasonably withheld:
a. A sidewalk along the northerly portion of the Landscape Area to 1300 East Street;
b. A curb cut not less than 35 feet wide, asphalt for service and delivery vehicle use, and
other modifications to the "Access Easement Area."
c. An additional curb cut and related modifications in the location of the southerly curb
cut shown on Exhibit D of the Curb Cut and Crane Access Agreement.
d. Relocation of the existing Parkview Plaza Property Sign.
e. Restoration, and replacement as necessary,of landscaping along 1300 East Street
affected by County construction.
Parkview Plaza approves the construction plans attached as Exhibits A-1 through A-5 of the
Landscape Agreement and Easement and as Exhibit D to the Curb Cut and Crane Access
Agreement.
9. Utilities. All existing utilities serving the Parkview Plaza Property which are located within the
Draw Property or Landscape Easement Property shall remain active and to the extent any such
utilities must be relocated as a result of construction by the County of Parley's Trail the
Landscape Easement or the construction by Woodmen on adjacent property,the same shall be
relocated by Woodmen and/or the County at no expense to Parkview Plaza,with no disruption
to service other than a temporary disruption which shall be reasonably coordinated and
approved by Parkview Plaza.
10. Closing. The Closing shall be conducted through escrow and shall be contemporaneous with
closing on the Draw Property. At Closing, documents shall be recorded in the following order:
a. Termination of Existing Easements Agreements (Exhibits D-1 and D-2).
b. Access Easement.
c. Deed from Woodmen conveying title to the Draw Property to the City, and other
documents related to the purchase of the Draw Property by the City.
d. Easement from City to County, and related documents.
e. Landscape Easement.
f. Curb Cut and Crane Access Agreement.
4/%
4
01/10/11
g. Termination of Pedestrian Easement Agreement(to be held in escrow and recorded
thirty(30)days after completion of the construction of Parley's Trail by Salt Lake County
through the Draw Property as certified by the City).
Prior to Closing,the parties may agree to combine certain exhibits attached hereto in a
manner which does not change the substance of the exhibits.
11. Irrevocable Offer. Woodmen and Parkview Plaza acknowledge that this Agreement requires
request for approval from the City Council and the County Council, and agree that execution of
this Agreement by both Woodmen and Parkview Plaza constitutes an irrevocable offer for a
period of 45 days after the last of those signatures to allow the City and the County to give
notice, hold required public hearings, and conduct votes regarding the approval of this
Agreement.
12. Lienholder Consent. This Agreement and the Exhibits to this Agreement shall be subject to the
consent of the lenders of Woodmen and Parkview Plaza. Woodmen and Parkview Plaza shall
endeavor in good faith to obtain the consent of their respective lenders and other lienholders, if
any,to the Exhibits to this Agreement to which they are a party. Notwithstanding the foregoing,
in the event the lender of Parkview Plaza withholds or conditions consent in any way, Parkview
Plaza may terminate this Agreement and the Exhibits to this Agreement in its sole and absolute
discretion.
13. Termination. If Closing has not occurred within 18 months after all of the parties have executed
and delivered this Agreement,any party may terminate this Agreement by giving written notice
of termination to the other parties.
14. Notices:
a. Notice. All notices,demands,statements,waivers,approvals or other communications
required or permitted to be given hereunder shall be delivered or sent to the party intended at the
address set forth below. Notices shall be sufficient if sent by certified mail postage prepaid, or overnight
delivery service for which a delivery receipt is required, addressed as follows:
The City:
Salt Lake City Corporation
Property Management
PO Box 145460
Salt Lake City, Utah 84114-5460
The County:
Salt Lake County Government Center
2001 S.State Street, N4500 / I Ile
Salt Lake City, UT 84190-0001 , Aa)/
5
O1/10/11
Attn: Director of Real Estate Division
Parkview Plaza:
2146 S. Highland Drive, basement
c/o Mecham Management
Salt Lake City, UT 84106
Attn: Craig Mecham
Woodmen:
Woodmen Properties, L.C.
Jeffrey Woodbury
2733 East Parleys Way,Suite No. 300
Salt Lake City, Utah 84109-1662
b Effectiveness of Notice. Any notices sent by certified mail or overnight delivery service
shall be effective on the date on which such notice was sent.
c Facsimile Notice. Notice may be sent by facsimile. Facsimile notice shall be effective on
the date of transmission, provided that a confirmation establishing the successful transmission of the
notice is sent by first class mail, postage prepaid,along with a copy of the notice, no later than 24 hours
after the facsimile notice is transmitted.
d Saturdays,Sundays,and Legal Holidays. If the time for response to any notice expires
on a Saturday,Sunday,or a legal holiday in the State of Utah,the time shall be extended to the
next business day.
15. Third Party Beneficiaries. This Agreement is personal to parties and their respective assigns.
There are no third party beneficiaries to this Agreement. Only the parties hereto,or their
assigns,are intended to benefit from and be entitled to enforce the terms of this Agreement.
The termination of any interest pursuant to this Agreement shall not terminate the interest, if
any, of any third party.
16. Default. In the event of default under this Agreement,the defaulting party shall pay all
reasonable costs and expenses, but not including attorneys'fees, incurred by the other in
enforcing this Agreement or in pursuing any remedy available at law or in equity.
17. Utah Law; Venue. This Agreement shall be construed under Utah law, and venue shall be in Salt
Lake County, Utah.
18. Time Is Of The Essence. Time is of the essence regarding the dates set forth in this Agreement.
All parties must sign any extensions in writing. Performance under sections of this Agreement,
which refer to a date, shall be required absolutely by 5:00 p.m., Utah time, on the stated date,
unless otherwise agreed to by both parties.
19. Entire Agreement. This Agreement,together with the other documents referenced in this
Agreement, constitutes the entire agreement between the parties relative to the subject matter 4'
6
01/10/11
a
hereof, and supersedes all prior agreements, arrangements,and understandings relating to the
subject matter hereof, and also supersedes any escrow instructions executed by the parties to
the extent they do not expressly amend, modify,supersede,or cancel, and are inconsistent
with, any terms or provisions of this Agreement. No agent or representative of the parties has
any right to make any guarantees,warranties, or representations except as herein contained.
This Agreement may be altered, amended, superseded, or revoked only by an instrument in
writing signed by each party affected by such amendment, or, in the case of a waiver, by the
party waiving compliance.
20. Paragraph Captions. The captions and phrases as to the contents of particular paragraphs are
inserted herein only as a matter of convenience and for reference and in no way are intended to
be part of this Agreement or in any way to define, limit,or describe the scope or intent of the
particular paragraph to which they refer.
21. Representation Regarding Ethical Standards For City And County Officers And Employees And
Former City And County Officers And Employees. Each of Woodmen and Parkview Plaza
represent that it has not: (1) provided an illegal gift or payoff to a City or County officer or
employee or former City or County officer or employee, or his 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 bona fide commercial selling agencies for the purpose of securing business; (3) knowingly
breached any of the ethical standards set forth in City's or the County's conflict of interest
ordinances,Chapter 2.44,Salt Lake City Code and any applicable sections of the Salt Lake County
Code; or(4) knowingly influenced,and hereby promises that it will not knowingly influence, a
City or County officer or employee or former City or County officer or employee to breach any of
the ethical standards set forth in City's or the County's conflict of interest ordinances, Chapter
2.44,Salt Lake City Code and any applicable sections of the Salt Lake County Code.
22. Entry,Construction and Indemnification.The County, its agents and contractors, shall be
constructing certain improvements on the Draw Property, including a twelve foot wide paved
trail, retaining walls, storm drainage structures, landscape plantings, irrigations systems, and
lighting systems,"the Draw Property Improvements".The Draw Property Improvements will be
constructed adjacent to the existing Class A office building. Following the construction of the
Draw Property Improvements and in addition to the Curb Cut and Crane Access Agreement,the
parking lot and Access Easement property may be used for a crane to deliver equipment to the
roof top of the office building. The Draw Property Improvements, including specifically the
retaining walls, shall be engineered and constructed to retain the loads incident to the operation
of the office building and the use of such a crane.
(a) Subject to maintaining access for Woodmen and Parkview Plaza until the ,'�
Access Easement Agreement is effective and the access provided therein is constructed, ,4"/'
Woodmen and Parkview Plaza hereby give permission to the County or its agent or
76.1)
01/10/11
l.J'
contractors,to enter upon the Draw Property prior to closing on the conveyance of said
property to the City and construct the Draw Property Improvements, provided that County
shall coordinate with Woodmen and Parkview Plaza on the construction schedule and
mutually agree upon dates for commencement of construction. This permission shall continue
in effect for a period of six(6) months from the date of this Agreement or until the closing of
the Draw Property, whichever occurs first.
(b) The County shall construct the Draw Property Improvements in such a
manner to avoid disruption of the tenants in the office building and will utilize monitoring
equipment and construction practices so as to minimize noise and vibration to the office
building.
(c) The County assumes any and all risks in the entry and use of the Draw
Property and in the design, engineering, construction and maintenance of the Draw Property
Improvements. Subject to the monetary limitations set forth in Utah Code Ann. §63G-7-101 et
seq.,to the extent arising out of the County's use of,design, engineering, construction,
maintenance or activities on or around the Draw Property,the County agrees to (i) satisfy and
reimburse Woodmen and Parkview Plaza for any loss, or damage to their properties and
improvements, real and personal, associated with the Draw Property, and (ii)release,
indemnify,and hold Woodmen and Parkview Plaza,their officers, directors,employees and
agents harmless against any and all claims, suits, loss, costs,demands, liability, expense,and
causes of action of any kind, including the amount of any judgment,court cost, or attorney's
fees incurred by one or any of them, in the defense of same, arising in favor of any party, on
account of claims, personal injuries, death or damages associated with the Draw Property,
violation of environmental laws and regulations,and all other claims or demands of every
character.
Dated
SALT LAKE CITY CORPORATION
Mayor
ATTEST AND COUNTERSIGN: APPROVED AS TO FORM:
CITY RECORDER SENIOR CITY ATTORNEY
SALT LAKE COUNTY
Mayor or Designee
8 OP)
01/10/11 APPROVED AS TO F Cs,"�i1
Sart Lake Gour:ty Distract Acarrej's Uince
By
putt' - ti L Aaoi"et'
Date /—?l—ii
STATE OF UTAH )
ss.
County of Salt Lake )
On this day of , 2011, personally appeared before me
, who being duly sworn, did say that s/he is the
of Salt Lake County, Office of Mayor, and that the foregoing
instrument was signed on behalf of Salt Lake County,by authority of law.
Notary Public
[SEAL] Residing in Salt Lake County
MECHAM PARKVIEW ASSOCIATES, L,I.C.
By:
Its: /=,<< /? -r
FONG PARKVIEW ASSOCIATES, L.L.C.
B4E/i/i
Its:
WOODMEN PROPERTIES, L.C.,a Utah limited liability company
By: Woodbury Strategic Partners Fund, L. P. , Its Manager
By: WSP Truffles L.L.C. , Its General Partner
By: Woodbury Strategic Partners Management L.L.C. , Its Manager
By: W ury Corp tion, Its Manager
By:
y oodbury,
r G, Q w alpA'
By.
O. Randall Woodbury,
j I
9
t r
01/10/11
Exhibit "A"
SITE PLAN
HOMESTEAD VILLAGE LOT 3 AMENDED AND ALSO SURVEYOR'S CERTIFICATE_
AMENDING LOTS 1 THROUGH 4 BLK. 1 VIEW CITY SUBDIVISION and na..NAANdedsa,dlrmlalladontola,e..e,a_,en..a:o°'
the aa,neny al Ine Own.,I ea..made a•ea»raws a,Ine na.le. a,land Mownlan I .n li
LEGEND e.Imo.as
H „ ASS CAP SERIEI MONUMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 20 N4MESSTL.At.LOT 3 AMEND.
N N TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN o,aaa,ce T„p»y mwa...mm m .m „m,.ar11>mD °° °"`
• '' aerlrry tba,d1 tote meet,r l a -r.weem.nr aT a
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RMEN NDRD LOTS 9 & 10, BLOCK 46, 10 PLAT "A" OF THE mmww rEEm„Im[Nm R6NwNNLNTL.1»F1m•'-'TNL[I»¢.e
BOUNDARY DESCRIPTION
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/ °OWNER'S'DEDICATIONI'[
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VICINITY MAP V Se*s2}e•w 213365'Y t}5617. N+21551' N 68959'00' • ▪ .T[oc PARTNERS e.N.arrlNl L.c. a Eros mm�.a in 1. aa.
(Ne951'27.E 13371')RI 1 /SR9'N'Fi0 w Tee0r.en a ')9)' - 9r RODAhrar 0SNPORAIION a Lite,0Am•wnnrw as Nonage
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SIN..AF[ASFLIN1 63 97'M/ Nlw..... •_ 1 - •,-.r,o... 9r
ACKNOWLEDGMENT SI P36'OO•W 211.12 Y SW_S_P ' s Ill a oeo.a
1(Se9.3WDO•W 211 76')RI CNEwarl In..) vLMy PROPERTIES Ill aneerwa s
1'10'1• M6S1'15•
STATE
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,ar Nrsq vPONT OF u-sc.uc°U m,•mud im nr.om°.r S anra r a wm=
(N00R0'36 E)R2 r 1.561'YNRI T.1652'uo0)GLw°NL°t 1
LA11.22' L.16 SS' ay
-
in said Stu.of utah 1h•signer(•)ol this Owner•dedication
Mat �wea n N r NOOTM'SS'W 3996'Y 392 Y R1 ACKNOWLEDGMENT
•m.nna.e (NOOW}e"W)R2 SEAM OF la An
On th• day al
Public F.11 for saki C.My of
LaSe
• m sad Slale of Utah The
f 1.Owner a d•dicalam.
kno.leelged la me
STATE of a*. ACKNOWLEDGMENT —County •ay commis..P�r..••,and°)�0... a ea a e y o
Loan.of ar.1.�, °.. appeared beton 1n.the unansigned
County
Notary Public in and far said County of Solt ACKNOWLEDGMENT
In 1,01,1.1I who iligly "`.41 Ga....-+. a is me Thai signed 11 trees STATE OF ETA
and.wan, r era m.u,.,ale Pun.a,e.rna.m�n.nna»e ...o
y am•,�n..a,e.oue' -PeaanO., •PPear.a MM.me In End•N9nea Not.
Notary P m County a,Solt
cnu r 1 , e`�(:`uee. u)1 1va...mr:in menuanT— e°n nee, a
My Comm,..»,.,PI,., Nay PLR.
HOMESTEAD VILLAGE LOT 3 AMENDED OP um
:7", w..7... O AMENDING LOTS 1 THROUGH 4 SIX I VIEW CITY SUBDIVISION
Stanley Consultants.- -1. nlrnrLle w u uo
la-• Tenn WOOED IN THE NORTHEAST QUARTER OP SECTION 20
- tan.r,aL nury TOeNTOWNSHIP1 SOUTH.RANGE 1 EAST,SALT LAKE SASE AND MERIDIAN
).CITAD IN
r'T.0 r� ,. HL,a,•, R lD r un„n1 LOTS 9 10.BID e 10 ACRE PLAT'A'OP THE
BIG►161D SURVEY
gQARD OF HEALTH CITY PLANNING DIRECTOR CITY ENGINEERING DIVISION CITY PUBLIC UTILITIES DEPT CITY ATTORNEY CITY APPROVAI SAI T LAKE COUNTY RECORDER
—NUUBEP Apr we Inn Approved Ta_eolc al by certify That 110»bad mn plat il M. y and as to samtwy sever Appra»a N m lam this Pre tea o smt Jake City ND SIaIe of umn. r I Solt Lake recorded and Med°t me recce,)or NuueCB
=AD°z AD z 9 me I u N correct And accordanceea Walls tnM Ao xD_ day oI_ Ao,zD_ zoJ and,.n.aer.11.1..
san Lane r Planning CommySS1On ,n orma an On e r1 e
ACca� Dot. ane oak 9 - ACCOUNT--
My En9.ee, Dole Tall LO0e City Mary 1 OF 2
___'SHEETS
Sou lake Cny SHEETS
SHEETS �eclor,I.Co Board nl Bean Planning Daector Dote Cly Surveyor Date Pobilc D Rllee Director _ Soil lake CIE,At(wney Salt Lake Uly Recorder Lblel Deputy Sall la..County BecwT
Exhib A"
SITE PLAN EASEMENT DESCRIPTIONS
IIOMESTEAI) VILLAGE LOUI 3 AMENDED AND ALSO
AMENDING LOTS 1 THROUGH 4 BLK. 1 VIEW CITY SUBDIVISION
LOCATED IN THE NORTHEAST QUARTER OF' SECTION 20
TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN
ALSO LOCATED IN
LOTS 9 & 10, BLOCK 46, 10 ACRE PLAT "A" OF' THE
BIG FIELD SURVEY
LOT 5(SIOAR HOII¢E PARK,TRAL) LOT 6 DESCRIPTION AERIAL EASEMENT I
A VAR.M AT10 0010.11 IN NO 144.7MASI 100ANIIN 11(.1140.i0 141.445No1 A PAVEL Of LAND OF00.11 140 N..AST WARIER 01 TECTION TOWN5HIP 1 A EALLOTO AERIAL STILEATE. NOTIMEAST WAN.OP YCNON
'AWN“ICA LA51 5•11 101 BA.,A.MIX1111AN MHO YAR114 MAW T 400114 VANN ROTC/1 IASI SA11 TAFT BASE AND NUTIOWN NOTTE PANTICITTATIL MORIN, TOOPTSHP 1 OWN.,NANG.1 1,1 SALT 140.1 DAM AM/MIWT•AN NON{ITANTIT,A10.4
MiwiNolu AI A T 01.11 THAI 15 500101 50 1 AIONL THE MoNUATENT IINI M 1.0 1•151 111410NINA.AI A NON MAT IS 5000100,ALONG Mt MONUMENT TINE Of 1100 LAST INCJIIMINT..A,POINT THAI IS A SOT LANE[0,MASS[AP MONUMENT AT ITN
AERIAL EASEMENT./
T,TONTwSTRATI IN TIN NURTNIASI AMMETER,41,11011 20
- r EP AST SALT A,.r usI AND"rWx,.,.Arr",.m.r,xn
IS FOOT WOE PAfKNO STRUCTU9E STAIRWAY EASEMENT r.
.
„ArA II164.u�.r.r EEL .r.aa,.�"a ,.,.�TAT �.Av WE,., as a. ,.,�A LA...I AERIALEA9EM@1LD
AMENDED LOT 3 HOMESTEAD VILLAGE DESCRIPTION 1" """n,.r.r.m
R fbOT_WIDE f'EDESIfiAN AND UTLIIY EASEMENT r„,s,r,r,.r.A„.,ra ,.Orr VANITFIA,11,
...L="FEAA/•' TAFT%':=A[Z71:"11:41.1,‘A':T:11'L'ARE'F=16'Ll, •IF F11,1 IOU FIEWSIINAN ACCESS(AYMENT.SITY•lt iN NTORI.•ST WARIER Of WEANING AT•PORI,NAT 15•SALT TWA,till(004,14 CAP 4,04.1.44,•T MT
bELIoN111s AI•PONT,ry•T 11•SALT 1,41 Oil No•144,OAP NONTMOTI AI MINCE SOLTM wo FUT THIN.fAST FEET Tn." 00 fiEr THENCE
.. „El me"a m„m waow us.n,u.a u iae e.„El 'LS FOOT WIDE VRT'EAR EAT
UO FOOT WEIE_P f�9S AND EOfE EABEMIENT 10.4SHIP 1 STEAM A..I EAST SALT r..l fuse AND MERIDIAN THE[INTERLINE sE, ATONE
•31)F001 WM OWITES5 4.0 IOW,ACTT,CASEMENT .NORTHEAST PARTIOMARTT DESCRIBE°AS(AVOWS
LOT 7(AMENDED CHEVRON) -8[FANIATIC AT A AUNT THAT is A SALE L.f ETEASS[004.....AT ME FEET Apo scum 39 FEET 10 ME DECANT..OF A IS FOOT vA0E coml..EASEMENT
SE1,41411„AT A AUNT MAT S 0001.E Asol.Wit wwwwiENT uNE 11.1.0 EAST •2,lotST A EAST/AAA Ja !CET MO.(.PETT As,4.3 E•SI k DISTANCE M
AS< "D
AM„N 1,15 FEET FRI MOOR YEE,THE„LEGION,.oEscATEED F=ENTERLEVE SOW,
STATLI -' J 154•EAST.ms,u.a r.s ar rle+.r.r L.sI.
n.,Iu..L or_.1"Tar �p FOOT WIDE NO BUILD EASEMENT
414 NAAS,AO,MulitAIENT .1L,1,111 STREET SAIS SAE,„CANT ALSO OEN,..114 A 20 FOOT TAPE NO FRIO EASEMENT SIMAIE IN THE NONIKASI TATAPTER OF 5ECTION
.,IEFL M10.41T u WAY FAME CA-1.0 EAST STREIT mfr..sAum ETE•Euei.sr Losers.1 scum EAST SATT 20 FOOT WIDE:DRANAGE EASEMENT .,.e BASE,,,.rrAx�D�A.we cc,r,cn.�.e,rrnc
15 To FELT ME.. ou Lie.s1 MIA FEET No.,.es.43 LA, A 20 FOOT.1EFE...TWA EASEMENT THE NEETNEAET...TER OF S.F., INTERSE•11.0,1300 EA„2100 SWIM IFIENEE SOLON A DISTANCE 35011F FEET AND
14 5,FEET IM1E14(E SToln Te I,EAST IDE/0 FEET a...ETT.T„ EAsT 10..10 I STAFTH X•ri.T EAST SOT TAAE BASE MIA MERIDIAN THE CENTERED. REST,O,fiFt TO ME Kum..OF 10 FOOT WO(CENTERLINE EASENTET MoCH IS 10 0
9U0,lE „ONO.Sl•1111 Dan.to EA,I ISA OE FEET 10 TAI PLANT„F NEWMAN, III/ERSE,. DOSSL•S•VEMUE AND 2100 SOJOE THENCE AEST A DISTANLE OF AS AP
'11E,1 S.A.,-„ET. 02 ALA, „FT AND SOUTH 1T8.FEET TO 111E BEGINXI,OF A.1W FONT NIDE[ENTHRONE
HOMESTEAD VILLAGE LOT 3 AMENDED so uso
AMENDING LOTS I THROUGH 4 BLK 1 VIEW CITY SUBDIVISION
LOCATED IN THE NORTHEAST QUARTER OF SECTION 20
TOWNSHIP I SOUTH.RANGE I EAST.SALT LAKE BASE AND MERIDIAN
ALSO LOCATED IN
LOTS 9 A 10.BLOCK AO 10 ACRE PLAT'A"OF THE
BIG FIELD SURVEY
.Al I LAL±l Llll7_I_RL.OFL�Eh
Stole of Utah Lor.,Iv of sax La.i,.or41.1 ane bled al In.r..aesr
el --
Stanley Consultants —AClirMrulxl 2 01 2
V — Ted CY 1t AAA Sall lul.Co T,sA :HUTS
f1�
Exhibit "B"
Legal Description of The Draw Property Parcel
OVERALL AS-SURVEYED DESCRIPTION
A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20,TOWNSHIP 1 SOUTH,
RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS S.00°01'00"E.ALONG THE MONUMENT LINE OF 1300 EAST STREET
394.99 FEET AND S.89°59'00"W. 71.97 FEET FROM THE INTERSECTION OF THE MONUMENT LINE OF
2100 SOUTH STREET WITH THE MONUMENT LINE OF 1300 EAST STREET, SAID POINT OF
INTERSECTION BEING S.89°58'50"E. 41.81 FEET FROM A FOUND SALT LAKE CITY BRASS CAP
MONUMENT IN 2100 SOUTH STREET, SAID POINT OF BEGINNING ALSO BEING S.00°01'00"E. 361.89
FEET FROM THE NORTHEAST CORNER OF LOT 10, BLOCK 46, 10 ACRE PLAT A, BIG FIELD SURVEY,
SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF 1300 EAST STREET,AND THE
NORTH LINE OF A SURVEY KNOWN AS PARK VIEW PLAZA I&II, FILED IN THE SALT LAKE COUNTY
SURVEYORS OFFICE BY BUSH AND GUDGELL, INC.AS#S2004-12-0992 AND DATED JUNE 01, 2004;
THENCE ALONG SAID NORTH LINE THE FOLLOWING FIVE (5)COURSES: 1) NORTHWESTERLY 46.55
FEET ALONG THE ARC OF A 386.31 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT(CENTER
BEARS S.18°06'22"W WITH A CENTRAL ANGLE OF 6°54'15"); 2)S.89°50'42"W. 3.92 FEET TO A POINT
ON A 385.00 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT; 3) NORTHWESTERLY ALONG SAID
ARC 11.22 FEET(CENTER BEARS S.14°52'41"W WITH A CENTRAL ANGLE OF 1°40'12");4)S.89°38'00"W.
136.01 FEET TO THE EAST LINE OF LOT 3 OF A SURVEY KNOWN AS HOMESTEAD VILLAGE IN THE
SALT LAKE COUNTY RECORDERS OFFICE DATED 10-20-97 IN BOOK 97-10P PAGE 316; 5)S.89°38'00"W.
75.81 FEET TO THE EAST LINE OF A SURVEY KNOWN AS HIDDEN HOLLOW PROPERTY SURVEY,
FILED IN THE SALT LAKE COUNTY SURVEYORS OFFICE BY SALT LAKE CITY CORPORATION AS
#S01-04-0247 AND DATED APRIL 12, 2001;THENCE N.00°20'59"E.ALONG SAID EAST LINE TO AN
ANGLE POINT 0.04 FEET;THENCE N.00°08'55"W.ALONG SAID LINE 39.96 FEET;THENCE N.89°38'00"E.
75.84 FEET TO A POINT ON THE EAST LINE OF HOMSTEAD VILLAGE AND THE WEST LINE OF A
SURVEY KNOWN AS BECKSTRAND BUILDING, FILED IN THE SALT LAKE COUNTY SURVEYORS
OFFICE BY ENSIGN AS#S96-12-0595 AND DATED DECEMBER 16, 1996; THENCE N.89°38'00"E.
195.87 FEET TO THE WEST LINE OF 1300 EAST STREET; THENCE S.00°01'00"E. ALONG SAID
WEST LINE 54.87 FEET TO THE POINT OF BEGINNING.
CONTAINS 11,269 SQUARE FEET OR 0.26 ACRES MORE OR LESS
J/l, 0
li
Exhibit "C"
Park View Plaza Parcel #2
(589'59'59"E)R, Tax Parcel#16-20-229-065
(589'58'16-E 41 8I')R2
(589'58'511 41 61')RI
tri S89'58'S0'E 41 XI.(C1) A parcel of land being an entire tract located in the Northeast
SAL I LAKE ou"tt 9ALT CARE COUNM1 Quarter of Section 20,Township 1 South,Range 1 East,Salt
2100 SOUTH STREET eRSS HOP MHNULLP T
BRASS "`" °"`"' 1E0.01 Lake Base and Meridian,said entire tract is described in that
• — — S • Special Warranty Deed recorded in Book 9362,Page 2552,
„97 Salt Lake County Recorder's Office.The boundary of said
-- ---------____ -
__ parcel of land is described as follows:
tL Beginning at a point on the westerly right of way line of 1300
East Street and the easterly boundary line of said entire
1°` I tract,said point being S.00°01'23"E.366.731 feet from
CHEVRON IN SUGAAHOUSI n the Northeast corner of Block 46,10 Acre Plat"A",Big Field
501-02-0099
Survey;thence southerly along said westerly right of way line
N of 1300 East Street and easterly boundary line the following
-- - -- — -- s two(2)courses:1)S.00°01'23"E.10.677 feet to the point
SCALE.'1"=50' i, of tangency with 1,033.00 foot radiusto the left;
HMI!III All VII i AGE. \ N g y a curve 2)
977-10R-316 -- 596-12-0595 °� southerly 112.967 feet along the arc of said curve,(chord
Lot 9'--1209R2 BFCKSTRAND BUILDING bears S.03°09'21"E.112.91 feet)having a central angle
Lot 3 of 6°15'57",to the southeasterly corner of said entire tract;
I — I thence N.89°42'55"W.278.68 feet(Record=279.705 feet)
-- ----- -- — along the southerly boundary line to the southwesterly corner
N000B Siw 199J 4t"89'y9W(: Ntl195 W't
,N00'091E-W1 R2 1 tl' PROPOSEDBPARCEL I of said entire tract;thence N.00°20'27"E.140.000 feet along
! 'I"II. ,6 D1 the westerlyboundaryline to the northwesterlycorner of said
PROPOSED PARCEL 2 s
'. s.a�•00 5 211.er II C1� 589-590D-w entire tract;thence easterly along the northerly boundary line of
7.
NO0-20 004 (SM'Y 00"W 211.75')RI
NG02D,6 E,Rt said entire tract the following four(4)courses:1)N.89°38'00"
\— -- HIDDEN HOLLOW NATURE PARK m PARCEL 2 - °"""'"G E.211.778 feet to a point of non-tangency with a 385.00 foot
04-024, C Z radius curve to the right;2)easterly 11.222 feet along the arc
8 PARK VIEW PLAZA i
of said curve,bearing to radius point is S.13°12'29"W.(chord
52004-12-0M
bears S.75°57'25"E.11.22 feet)having a central angle of
1°40'12";3)N.89°50'42"E.3.922 feet to a point of non-tan-
! I gency with a 386.314 foot radius curve to the right;4)easterly o
46.547 feet(measured 46.579 feet)along the arc of said curve,
LEGEND
K Ap FOUND BRASS CAP STREET WRUNG/ET bearing to radius point is S.11°12'07"W.(chord bears S.
CURVE AND LINE TABLE 75°20'38"E.46.55 feet)to a northeasterly corner of said entire
A=1.40'1r 596 5" °""`"AS"°"° PARCEL I tract and westerlyright of wayline of 1300 East Street thence
R-395 00' R=386 31 fETNREBAR A°ND CAP STAMPE 9
1=5 61 RTORI T=46 52 ",R1 0 "STE5 s CONSULTANTS NC'STAMPED
S.00°01'23"E.4.831 feet along said easterly boundary line
(I-', L=11 2" L=46 55 OT E NOTED
c a a L2 SO9'50'42'H L2 N000539 w and westerly right of way line to the point of beginning.
'If] 92 D I R1 4000 MONUMENT""` The above described parcel of land contains 38,329 square
w I PARK v"r[N' II RECORD DE SURER r2004-12-D902
HIDDEN HOLLOW PROPERTY SUAVE,RECORD of SURVEY,SOY-04-0,4, feet in area,or 0.879 acre,more or less.
4 = ""STEAD VILLAGE PLAT 10-10 9 SURVEY9;`-10 PAG's,D (The Basis of Bearing is S.89°42'55"E.along the north right of
t OBI PLATED
1ILHINCTON AVENUE way line of Wilmington Avenue.)
1 f�-_ - 95 S B TXI
BRASS AP MDMUMENT
,FOUND/ I
SURVEYORS CERTIFICATE NARRATIVE
I.,Reu TAWS DO HEREBY 0565EY TWAT I AN PROIESHIGIAL LAND SURVEYOR.AND MAT I HOLD PURPOSE OF ORBS SLR -- ___ A PARCEL OF LAND LOCATED IN THE NORTHEAST
<ATE N )TRHTA A COIHDO UNDER IA THE BOUNOOTESYOE"
3 `, rY U EUVE MADE A T1in"rL: ,",No Es Biue�ECU PRI10 0 We sm s ( QUARTER NN1EAST.SALT LAKE BASE N4O MERIDIAN
ESLRIBED BELOWAND NAVE SUBDIVIDED SAID POET OE LA.INTO LOTS STREETS AND EASEMENTS' cw nB..DwERWIP D< TEBAN u;ua e.Ilr-rw PIWGEIEAST.SALT LAI(E BASE AND AE(UOUN
o '"UUNOCRCRO551NG AND PULE1iii Itll=� lEv11'Il. DESIGNED
z ME BASIS DE BEARINGS FOR T14S SURVEY ° RECORD OF SURVEYolECHED ASTOTED
NO
S�^,s NDMUI,�°„"E S OR;` StanleyConsultants INC. SUGARHOUSEPARKTRAILPROJECT °wD PARCEL PRI oD B>TB
-- EN q S 1 OF 1
N CRAIG R r�ICSPL`__-- DATE AV1N BHP 40�'BEST BEARING
Ni ro PENSIONS NB DON AwD DATE wrz r BDN ___-
4
EXHIBIT"D-1"
WHEN RECORDED MAIL TO:
TERMINATION OF EASEMENT
This Termination of Easement is between Mecham Parkview Associates, L.L.C., a Utah limited liability
company and Fong Parkview Associates, L.L.C., a Utah limited liability company (collectively"Parkview
Associates"),Woodmen Properties, L.C., a Utah limited liability company ("Woodmen) ESH/HV
PROPERTIES LLC d/b/a HOMESTEAD STUDIO SUITES ("Homestead"), and LONE STAR STEAKHOUSE &
SALOON OF UTAH, INC. ("Lonestar"), or its successor in interest, (individually, a "Party", and collectively,
the"Parties").
Recitals:
A. The Parties,or their predecessors in interest, previously entered into a Memorandum of
Development, Ground Lease,and Reciprocal Easement Agreement, dated February 4, 1994 and
recorded October 21, 1996 as entry no 6486018, book 7516, pages 2068- 2077,Salt Lake County
Recorder's office(the"1996 Easement").
B. The Parties desire to terminate the 1996 Easement.
Agreement:
In consideration of the premises and the covenants set forth herein,the Parties hereby agree to the
following:
1. The 1996 Easement,together with any and all easements, rights, leases and obligations
thereunder, is hereby terminated,vacated, released,cancelled and abandoned.
Dated , 2011.
MECHAM PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by of Mecham Parkview Associates,
L.L.C.,a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
14
01/10/11
fl
l.�
FONG PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by of Fong Parkview
Associates, L.L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
WOODMEN PROPERTIES, L.C.,a Utah limited liability company
BY:Seven Syndicate, L.C., Manager
By:
Jeffrey K.Woodbury,
Manager
By:
O. Randall Woodbury,
Manager
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by of Woodmen
Properties, L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
15
01/10/11
ESH/HV PROPERTIES LLC, a Delaware limited liability company,
d/b/a HOMESTEAD STUDIO SUITES
By:
By:
STATE OF
: ss.
COUNTY OF
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by of ESH/HV PROPERTIES LLC,
a Delaware limited liability company, d/b/a HOMESTEAD STUDIO SUITES.
NOTARY PUBLIC
Residing at:
LONE STAR STEAKHOUSE&SALOON OF UTAH,a Utah
corporation
By:
Its:
STATE OF
: ss.
COUNTY OF
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by of LONE STAR
STEAKHOUSE&SALOON OF UTAH, a Utah limited liability company.
NOTARY PUBLIC
Residing at:
16
01/10/11
Subordination and Consent of Lender [needed for all lenders of record]
The undersigned is the lender pursuant to the Loan Documents(as hereinafter defined). Lender
hereby consents to the attached Termination of Easement and agrees that the Loan Documents
are hereby subordinated to the Termination of Easement.
The "Loan Documents" are hereby defined as:
"LENDER":
WITNESSES:
a
By:
Name: Name:
Title:
Name:
A
17
01/10/11 Or"
EXHIBIT"D-2"
WHEN RECORDED MAIL TO:
TERMINATION OF EASEMENT
This Termination of Easement is between Mecham Parkview Associates, L.L.C., a Utah limited liability
company and Fong Parkview Associates, L.L.C., a Utah limited liability company(collectively "Parkview
Associates"),and Woodmen Properties, L.C.,a Utah limited liability company("Woodmen").
Recitals:
A. Woodmen is the owner of a parcel which is more particularly described in Exhibit A
attached hereto("Parcel A").
B. Parkview Associates is the owner of a parcel which is more particularly described in
Exhibit B attached hereto("Parcel B").
C. Woodmen and Parkview Associates previously entered into a Development Agreement
and Reciprocal Easement Agreement, dated August 3,2001 and recorded November 27, 2001 as
entry no. 8071443, book 8531, pages 4118-4127,Salt Lake County Recorder's office (the "2001
Easement").
D. The parties desire to terminate, in accordance herewith,the 2001 Easement and other
rights that either of them may have in the other party's parcel.
Agreement:
In consideration of the premises and the covenants set forth herein,the Parties hereby agree to the
following:
1. The 2001 Easement,together with any and all easements, rights,and obligations
thereunder, is hereby terminated,vacated, released, cancelled and abandoned except as provided
below.
2. The termination of the Ground Lease pursuant to the first sentence of Section 8 of the 2001
Easement shall remain effective, and such Ground Lease remains terminated.
3. The easement granted in the first sentence of Section 1 of the 2001 easement is not
terminated to the extent either party has presently existing utilities utilizing that easement,
provided that each party(the "relocating party")shall have the right to relocate such
existing utility lines utilized by the other party on the relocating party's property and to
relocate the easement associated therewith at the relocating party's expense to a location
that does not unreasonably reduce or impair the usefulness or function of such existing
utility lines.
4. The indemnification obligations and waiver of subrogation rights contained in Section 7 shall
survive termination of the 2001 Easement for any claim or cause of action that accrues prior
to the date of this Termination of Easement.
5. Woodmen agrees that except for utility easements and rights provided for herein, all
easements and rights that it has in Parcel B are hereby terminated, and Parkview Associates
agrees that except for utility easements and rights provided for herein, all easements and
rights that it has in Parcel A are hereby terminated.
18 '‘�
01/10/11
Dated , 2011
MECHAM PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH
: 55.
COUNTY OF SALT LAKE )
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by , of Mecham Parkview
Associates, L.L.C.,a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
FONG PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by of Fong Parkview
Associates, L.L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
19
01/10/11
4Y
6-
WOODMEN PROPERTIES, L.C., a Utah limited liability company
BY:Seven Syndicate, L.C., Manager
By:
Jeffrey K.Woodbury,
Manager
By:
0. Randall Woodbury,
Manager
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by of Woodmen
Properties, L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
20
01/10/11 (.',
Subordination and Consent of Lender [needed for all lenders of record]
The undersigned is the lender pursuant to the Loan Documents(as hereinafter defined). Lender
hereby consents to the attached Termination of Easement and agrees that the Loan Documents
are hereby subordinated to the Termination of Easement.
The "Loan Documents" are hereby defined as:
"LENDER":
WITNESSES:
a
By:
Name: Name:
Title:
Name:
[Note: For Exhibit D-2, Legal descriptions of Parcels A and B to be same as the legal descriptions for
those parcels in the 2001 Easement.]
E,
21
01/10/11
Exhibit A
Legal Description of Woodmen Parcel
BEGINNING AT A POINT ON THE WEST RIGHT-OF-WAY LINE OF 1300 EAST
STREET, SAID POINT BEING SOUTH 00°01'23" EAST (DEEDED SOUTH 00°01'
EAST) 284 FEET FROM THE NORTHEAST CORNER OF LOT 10 BLOCK 46, TEN
ACRE PLAT "A"; THENCE SOUTH 89°50'42" WEST 271.207 FEET; THENCE SOUTH
00° 20'27" EAST 64.032 FEET; THENCE NORTH 89°38'00" EAST 211.778 FEET TO
THE BEGINNING OF A 385.00 FOOT RADIUS CURVE TO THE RIGHT (CENTER
BEARS SOUTH 13°12'29" WEST AND HAS A CENTRAL ANGLE OF 01°40'12");
THENCE ALONG THE ARC OF SAID CURVE 11.222 FEET; THENCE NORTH
89°50'42"EAST 3.922 FEET, SAID POINT BEING AT THE BEGINNING OF A 386.314
FOOT RADIUS CURVE TO THE RIGHT (CENTER BEARS SOUTH 11°12'07" WEST
AND HAS A CENTRAL ANGLE OF 06°54'30"); THENCE ALONG THE ARC OF SAID
CURVE 46.547 FEET (MEASURED 46.579 FEET) TO THE WEST RIGHT OF WAY
LINE OF 1300 EAST STREET; THENCE NORTH 00°01'23" WEST 77.90 FEET
ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. AREA EQUALS
17,644 SQUARE FEET, OR 0.405 ACRE. BASIS OF BEARING BEING THE NORTH
RIGHT-OF-WAY LINE OF WILMINGTON AVENUE WHICH HAS A BEARING SOUTH
89° 42'55" EAST.
L.(0t)
-
Exhibit B
Legal Description of Mecham Parcel
BEGINNING AT A POINT ON THE WEST RIGHT-Of-WAY LINE OF 1300 EAST
STREET, SAID POINT BEING SOUTH 00°01'23" EAST 366.731 FEET FROM THE
NORTHEAST CORNER Of SAID BLOCK 46; THENCE SOUTH 00°01'23", EAST
10.677 FEET TO THE BEGINNING OF 1033.00 FOOT RADIUS CURVE TO THE
LEFT; THENCE ALONG THE ARC OF SAID CURVE 112.967 FEET; THENCE NORTH
89°42'55" WEST 279.705 FEET; THENCE NORTH 00°20'27" EAST 140.000 FEET;
THENCE NORTH 89°38'00" EAST 211.778 FEET TO THE BEGINNING OF A 385.00
FOOT RADIUS CURVE TO THE RIGHT BEARING TO RADIUS POINT BEING SOUTH
13°12'29" WEST; THENCE ALONG THE ARC Of SAID CURVE 11.222 FEET;
THENCE NORTH 89°50'42"EAST 3.922 FEET, SAID POINT BEING AT THE
BEGINNING OF A 386.314 FOOT RADIUS CURVE TO THE RIGHT (CENTER BEARS
SOUTH 11°12'07" WEST AND HAS A CENTRAL ANGLE Of 06°54'30"); THENCE
ALONG THE ARC OF SAID CURVE 46.547 FEET (MEASURED 46.579 FEET) TO
THE WEST RIGHT-OF-WAY LINE OF 1300 EAST STREET; THENCE SOUTH
00°01'23" EAST 4.831 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF
BEGINNING. AREA EQUALS 38,329 SQUARE FEET, OR 0.879 ACRE. BASIS OF
BEARING BEING THE NORTH RIGHT-OF-WAY LINE OF WILMINGTON AVENUE
WHICH HAS A BEARING SOUTH 89°42'55" EAST.
y2P---
1'
EXHIBIT"D-3"
WHEN RECORDED MAIL TO:
TERMINATION OF EASEMENT
This Termination of Easement is between Mecham Parkview Associates, L.L.C., a Utah limited liability
company("Mecham Parkview"), Fong Parkview Associates, L.L.C., a Utah limited liability company
("Fong Parkview"), and Salt Lake City corporation, a municipal corporation of the State of Utah("City").
Recitals:
A. In 2001,a Reciprocal Easement Agreement(hereinafter"2001 Reciprocal Easement
Agreement")was executed between and among Mecham Parkview, Fong Parkview,the City,
and Utah Open Lands Conservation Association, and recorded by the City Recorder on
November 15, 2001 and recorded March 31, 2010 as entry no 10924791, book 9814, pages
4263-4274,Salt Lake County Recorder's office.
B. Pursuant to recent discussions, Mecham Parkview, Fong Parkview, and the City have
entered into negotiations for new public access to Hidden Hollow through the Draw Property
from 1300 East identified in Exhibit A to the Parley's Trail Agreement dated
2010.
C. Pursuant to negotiations between the City and Woodman Properties, L.C.
("Woodman"),the City will be receiving a public pedestrian access easement from the Draw
Property to 1300 East.
D. The acquisition by the City of the Draw Property from Woodman will also facilitate the
Parley's Trail tunnel crossing between the Draw Property to Sugar House Park under 1300 East.
E. In light of the public access through the Draw Property which significantly increases
east-west community connectivity, provides an alternative transportation route separate from
motorized vehicles, and increases the city's trail network,the City is willing to terminate the
City's Pedestrian Easement contained in paragraph 1, page 2 of the 2001 Reciprocal Easement
Agreement.
Agreement:
In consideration of the premises and the covenants set forth herein,the Parties hereby agree to the
following:
1. The City's Pedestrian Easement in paragraph 1, page 2 of the 2001 Reciprocal Easement
Agreement is hereby terminated,vacated, released, cancelled and abandoned.
2. The City's termination does not affect any of the parties' other rights or interests under
the 2001 Reciprocal Easement Agreement.
3. The remainder of the Reciprocal Easement Agreement shall remain in full force and
effect.
Dated , 2011
MECHAM PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
J)
24 �;b
01/10/11
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by of Mecham Parkview
Associates, L.L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
FONG PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Termination of Easement was acknowledged before me this day of
, 2011, by of Fong Parkview
Associates, L.L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
SALT LAKE CITY CORPORATION
By:
Its:
ATTEST AND COUNTERSIGN: APPROVED AS TO FORM:
CITY RECORDER SENIOR CITY ATTORNEY
1,1/4, );'
25
01/10/11 01)
Subordination and Consent of Lender [needed for all lenders of record]
The undersigned is the lender pursuant to the Loan Documents(as hereinafter defined). Lender
hereby consents to the attached Termination of Easement and agrees that the Loan Documents
are hereby subordinated to the Termination of Easement.
The "Loan Documents" are hereby defined as:
"LENDER":
WITNESSES:
a
By:
Name: Name:
Title:
Name:
4, ?),/
26
01/10/11 (0)
WHEN RECORDED MAIL TO:
EXHIBIT"E"
ACCESS EASEMENT AGREEMENT
This Access Easement Agreement is between Woodmen Properties, L.C., a Utah limited liability
company ("Woodmen"),grantor, and Mecham Parkview Associates, L.L.C., a Utah limited liability
company and Fong Parkview Associates, L.L.C., a Utah limited liability company(collectively"Parkview
Plaza"),grantee.
Recitals:
A. Woodmen is currently the owner of the "Draw Property," which is the shaded area
labeled "Sugar House Park Trail"on the Site Plan attached hereto as Exhibit"A" ("Site Plan"). A
legal description of the Draw Property is attached as Exhibit B.
B. Parkview Plaza is the owner of the "Parkview Plaza Property"which is adjacent to the
southern border of the Draw Property. A legal description of the Parkview Plaza Property is
attached as Exhibit C,and the Parkview Plaza Property is also shown on Exhibit C as the shaded
area labeled "Parcel 2 Park View Plaza."
Agreement:
1. Easement. Woodmen grants and conveys to Parkview Plaza a perpetual easement for ingress
and egress, and for property maintenance and service purposes, including delivery and service
vehicle parking and use,over the portion of the Draw Property shown as the shaded area and
legally described in Exhibit D hereto.
2. Reasonable Exercise. Parkview Plaza agrees that its use of the easements and rights granted
herein shall be reasonably exercised in a manner consistent with the operation of a class A office
building and which does not unreasonably interfere with the Draw Property and its anticipated
use as a multi-purpose recreational trail.
3. Benefit, Burden and Binding Effect. The benefits and burdens, rights and obligations, easements
and restrictions created by this agreement shall be appurtenant to and run with and burden and
be binding upon the Draw Property and the Parkview Plaza Property,and shall inure to the
benefit of and be binding upon the Parties and those claiming by,through, or under them.
4. Miscellaneous.
a. Modification and Termination. This Agreement may not be modified or amended
except by a written instrument executed by the parties hereto or their respective
successors and assigns.
b. Severability. If any term or provision of this Agreement or the application of it to any
person or circumstance shall to any extent be invalid or unenforceable, the remainder of
this Agreement or the application of such term or provision to persons or
circumstances, other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Agreement shall be valid and shall
A71/1'
be enforced to the extent permitted by law.
f/�
27 /
01/10/11 ,'P/
�C/
c. Entire Agreement. This Agreement contains the entire agreement between the parties
hereto regarding the easement granted herein and supersedes all prior agreements,
oral or written,with respect to the subject matter hereof. The provisions of this
Agreement shall be construed as a whole and not strictly for or against any party.
Dated , 2011.
WOODMEN PROPERTIES, L.C., a Utah limited liability company
BY: Seven Syndicate, L.C., Manager
By:
Jeffrey K.Woodbury, Manager
By:
O. Randall Woodbury, Manager
STATE OF UTAH )
ss.
COUNTY OF SALT LAKE )
On the day of ,2011,before me personally appeared JEFFREY K.
WOODBURY and 0. RANDALL WOODBURY to me personally known to be the Managers of SEVEN
SYNDICATE, L.C.,Manager of Woodmen Properties, L.C.,the company that executed the within
instrument,known to me to be the persons who executed the within instrument on behalf of said
company therein named,and acknowledged to me that such company executed the within
instrument pursuant to its Operating Agreement.
Notary Public
MECHAM PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
)7271/
28
01/10/11
The foregoing Access Easement Agreement was acknowledged before me this day of
, 2011, by of Mecham Parkview
Associates, L.L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
FONG PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
The foregoing Access Easement Agreement was acknowledged before me this day of
, 2011, by of Fong Parkview
Associates, L.L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
29
01/10/11
Exhibit '`A"
SITE PLAN
1-IOMES'1'EAD VILLAGE LOT 3 AMENDED AND ALSO SURVEYOR'S CERTIFICATE
AMENDING LOTS 1 THROUGH 4 BLK. 1 VIEW CITY SUBDIVISION
Nrrnw,we,ty of D.n.. Na_more a ny a.,ruby of lered an l i hold
aid
to
q •Hallo NASSOAf,IRIET MDN„LONT LOCATED IN THE NORTHEAST QUARTER OF SECTION 20 OPIESTIAD and Na..A,b.rLLA..LO tract ,..a mra a,..N 1.n« ft.
d slam,an tb•praund.Moen on Ibis
0 ON "DIED TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN aplot 1 alm certify Owl all lots meet dmin. M,.Remy mewls osces..theman..Iien dosing°,I15000 °°° n°1e
ly„DND LDAND CAMPED
STAMPEDALSO LOCATED IN
CONSUL0 ',APTLY " •°°I 's'"` " t` LOTS 9 & 10, BLOCK 46, 10 ACRE PLAT "A" OF THE OU.NDAR
W wAr. YDESCRIPTION BA`
IIIBIG FIELD SURVEY IAt.° ,Lit~E.A,Em„E,IN." 60".7MaEdMtrDESmwN.>>d.a.> " """n' "'
uoquu[q 4rf"[ Is9<eP`Yq,WEM, IN RING EU„ '/ ) r.I on.Ir
(IOUNDI BRAS`C VYII� s11 Of, wm�'im�
III r'Ir ,III NO 5 HIS 601
L,wwAd
PT PARR Let W PLAZA 1 IL II RECORD Of SOMA YOfSw AY7.601.59104-02A, �' ssAS/42004ON A,A1 n AND
6.
y,96�- B pige,r°„ .„ . ,(_.� 4 d (.,cD,Ye wMM rtD
R4-HOMESTEAD VIL1ACL PLAT 10 20 97 BOOR Nep'S1'ITE SA 55'M SEJl6']IeE IWOOD,
a1 I(LNIUr xAssC 04'CrJO' NOT 5Hi Ntw Li
LI CAI CUTAfID SUGAR nd,Sl AL,A/ASCM/Sm'O2-0094 SCALE 1w=50' IN RM0 (09 50'S2'E)RS (SeJl T25•E)RS YNe932'S2'C 10776'M� ' Aws LE LIT1 SI wrwl rsnw�u
I - - n __ (NE932'U1'E 1079E'1 R5 : taxnn,Eu31141241 N.LUMP/`�' w MO Tr)
4lr sem mi11 r
~- Unurr iy 4,..osipip... SURVEYORS OFF.Or WI LAX(Olt CORPORAL-40i PAS pSOL-w a
r 9mM1 ,n8 LOT7 r.r:1eY' ALONG.D lett 53 IV FUT.MINCE SOUTIL 11012 TIC NEST a CNC Mt NORM LH Of.0 111DO.
_ _
T LAKE COUNTY
K, -' r A MEN, :x o d PAPA JIG MENG(NORM
A.. a TM
^5 I W R9wt>PC itca'Ys nNo.m0090 IT sm.w..2 0.11 AND OATH)T NIST�v'mf�TY :W71 Nn,m u�TH,OFFICt yur,s,p
�w R ° Ne9'SB OBE e FIET0 S1 Sal IN e.lYe..'EAST.I N>`Mti 41 NOUN w-5.»EAST.10,,.KIT 10 A am rwl
........... u..a H I 00 K a,wouGN.¢NmAL ANC.d�wp STA>I 0 15 Fl HIT 10 MI
uMG su1
N.
SI:' .' s0o'L71'E. §N , - -WAr uw d,>m IASI 14146>m A.
LYRA TO Mr
..«"� Nair51'4.VE IJA e7'M 20 Jfi' O,� UM.17,w TILT, 1Nt PONT d RcawrnG COLONS .ate 15>wwt r111 Co,Aq ACM,
` L a _„ 1 N89150'52'6 ue 57')RA 8 T. md'OWNER' DEDICATION1m
e9'S9'09"E°
Y.... • E .0 JE' 1.o,59o0 W a .a,..r
'1 `'�..._ T. ; R E Jl e5' NB9'S9"Oe'F—fxT ui' - w,.«.una«..,,.nIa s^„o Pot
a .' 1 II� A� Lore
a
„ wOLONNING
...,.n1.
�'�rG. .Tra 1 :8 AMENDED LOTI d,IN to a. •.wN �o..In..aa _.
70 wew.a fAMwN ^
a
•
IC AST a+lry
�« 1 �' oB sfRn 'I ± its '� E . WDLOOLI Y 0•Om...,
VICINITY MAP '••'_` \ N Se952'le'W 11JJ 65'4 SIi.1)_I 1 J1551' 56959'00"sv_ „, ArtnC PAa,NEMS MANACMANI.L C. nMon Neicmi aa° rcanny.,
(Ne931'271 1J371')Ra sR M W [Aa1,q 91Ybr a 197' 9r N00DBURY CORPORATION a Via,LONPORAMdr de Nance.
N000e'S5'W L E 5 1 _
>Mato,LAuuENI 53 97'la umm tor... r_+ - mt-, r --ACKNOWLEDGMENT Se9.3ITCO N 211.e2'u m Sb9'S9'00"W
($e99e'00'W 211>B)Rl ),9• >nMv PROALPICS LLC
STAR or alA 1 a0 - M- C.L. a 01m nor„e.r.mrtr company 1.6411,sit company a/b/aMem.ertaa sw.io
c uanlr gait La.r
p1100 0'59-E 004' R.3e500'
LOT R.JR6 J1' ew rc50 er u
-_ ea before me me ana m (N0020'Je'E)R2 1.561 Y+RI 052'Y+fl1
^'(. L.11 22'
L.I655' Ma Le
ran.artf...Y NOOOeS5"W 3996'Y ' ACKNOWLEDGMENT
ana"'atr .Id Ins a>ea ma aarvo>ea Therein mentioned J.92 II`R1
O ro 1e W R
STATE d UTA
County of Solt Lake
Re.rq a Notary Public
cm tY Pcblic - b cwnt,m sat
ACKNOWLEDGMENT ,aloof y a f«m.awes ana w aa>.a mere.,m.m.aa.a
Counly at So/I lake
° _c'c'ioiloTi-Mid
andL� eefm.�n.m.ad«q ACKNOWLEDGMENT
ne,Qela o STATE
a"A
On tH doe of County al Solt Lake.
or tha avow•dedication
roomy
tom.a:Qo« appear.b .m. a.,a. Nolo.,
,aanl>r o.r rch:are.m.as a°...mite.menrto e.--- e."Ne«Y a,a
Nolo,Puh.
Residing. County
HOMESTEAD VILLAGE LOT 3 AMENDED AND Also
410 r'�T'a{" O O AMENDING LOTS 1 THROUGH 4 BLK 1 VIEW CITY SUBDIVISION
`1 T:.w..
Stanley Consultants.x a „I II it 20
`' ~ „ TOWNSHIP LOCATED IN
THERANGENO i Sim QUARTER OF
BA SECTIONAND MERIDIAN
t ,,.Tent„. ALSO LOCATED IN
r ar t , ,t,i in ,ua.0 LOTS 9 A 10.BLOCK 4e.10 ACRE PUT'Ae OF THE
r RIO PBIO SURVEY
B2ARO OEBLA01, CITY PL/INING DIRECTOR GLDLLPLGELJEERIND DIVISION CITY PP_BLIC UTILITIES DEPT CITY ATTORN_LY CITY ARPF2D11/g. TACT LAHL COUNTY RICORQLR
-NDu9ER - 60V.k60 1n S-- or .___— a wed...— --- ° . n y Approved as to g this'y Sewer os la f Re 1N • Y AD Slate of Utah.County of Salt Loire acceded an.file.at the request of No.,,,,, -
sn MBER
d10 u� So"Late Y Planning anise wn informAO 20 by tbalice ond it tion on frlea correct an in accordance.. _ y f s A D 20_ Y f AD.20_ 2.—an.Is Ne eor 00 o>WC
_- act — Date ,tore-_ BowPage —ZCDUNE
Oily Engineer oaIe Sall Lot.city Map,
Or 1 E 2
SMLEIS II've<lor-SI Co 0aard of Neall. Pi0nnunq Oureclor Dole [�Sarvepr Oole Public lutoi e D Bator Salt Lao Clty Attorney Soli late City Recorder -4♦r C I 01/Tall Labe County NeCO� SNEEIS
1.
Exhibit "B"
Legal Description of The Draw Property Parcel
OVERALL AS-SURVEYED DESCRIPTION
A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS S.00°01'00"E. ALONG THE MONUMENT LINE OF 1300 EAST STREET
394.99 FEET AND S.89°59'00"W. 71.97 FEET FROM THE INTERSECTION OF THE MONUMENT LINE OF
2100 SOUTH STREET WITH THE MONUMENT LINE OF 1300 EAST STREET, SAID POINT OF
INTERSECTION BEING S.89°58'50"E.41.81 FEET FROM A FOUND SALT LAKE CITY BRASS CAP
MONUMENT IN 2100 SOUTH STREET, SAID POINT OF BEGINNING ALSO BEING S.00°01'00"E. 361.89
FEET FROM THE NORTHEAST CORNER OF LOT 10, BLOCK 46, 10 ACRE PLAT A, BIG FIELD SURVEY,
SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF 1300 EAST STREET,AND THE
NORTH LINE OF A SURVEY KNOWN AS PARK VIEW PLAZA I &II, FILED IN THE SALT LAKE COUNTY
SURVEYORS OFFICE BY BUSH AND GUDGELL, INC.AS#S2004-12-0992 AND DATED JUNE 01, 2004;
THENCE ALONG SAID NORTH LINE THE FOLLOWING FIVE (5) COURSES: 1) NORTHWESTERLY 46.55
FEET ALONG THE ARC OF A 386.31 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT(CENTER
BEARS S.18°06'22"W WITH A CENTRAL ANGLE OF 6°54'15"); 2)S.89°50'42"W. 3.92 FEET TO A POINT
ON A 385.00 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT; 3)NORTHWESTERLY ALONG SAID
ARC 11.22 FEET (CENTER BEARS S.14°52'41"W WITH A CENTRAL ANGLE OF 1°40'12");4)S.89°38'00"W.
136.01 FEET TO THE EAST LINE OF LOT 3 OF A SURVEY KNOWN AS HOMESTEAD VILLAGE IN THE
SALT LAKE COUNTY RECORDERS OFFICE DATED 10-20-97 IN BOOK 97-10P PAGE 316; 5)S.89°38'00"W.
75.81 FEET TO THE EAST LINE OF A SURVEY KNOWN AS HIDDEN HOLLOW PROPERTY SURVEY,
FILED IN THE SALT LAKE COUNTY SURVEYORS OFFICE BY SALT LAKE CITY CORPORATION AS
#S01-04-0247 AND DATED APRIL 12, 2001; THENCE N.00°20'59"E.ALONG SAID EAST LINE TO AN
ANGLE POINT 0.04 FEET; THENCE N.00°08'55"W.ALONG SAID LINE 39.96 FEET;THENCE N.89°38'00"E.
75.84 FEET TO A POINT ON THE EAST LINE OF HOMSTEAD VILLAGE AND THE WEST LINE OF A
SURVEY KNOWN AS BECKSTRAND BUILDING, FILED IN THE SALT LAKE COUNTY SURVEYORS
OFFICE BY ENSIGN AS#S96-12-0595 AND DATED DECEMBER 16, 1996; THENCE N.89°38'00"E.
195.87 FEET TO THE WEST LINE OF 1300 EAST STREET;THENCE S.00°01'00"E. ALONG SAID
WEST LINE 54.87 FEET TO THE POINT OF BEGINNING.
CONTAINS 11,269 SQUARE FEET OR 0.26 ACRES MORE OR LESS
Exhibit "C"
Park View Plaza Parcel #2
(589'59'59'E)R3 Tax Parcel#16-20-229-065
(599-56'16'E Al RI')R2
i1 (589'S6'51"E AI RI')RI
569-58.501 AI 81 (Cl) A parcel of land being an entire tract located in the Northeast
SA,l LANE CODNIT "_ ,A1T LANE O N, Quarter of Section 20,Township 1 South,Range 1 East,Salt
BRASS CAP 00 0NENI ,P100 SOUTH SIRE BRASS cAR Nouu„EN
uGUNn1 IFOUNO Lake Base and Meridian,said entire tract is described in that
--. q Special Warranty Deed recorded in Book 9362,Page 2552,
Salt Lake County Recorder's Office.The boundary of said
__ —' parcel of land is described as follows:
L 97
Beginning at a point on the westerly right of way line of 1300
� _
' East Street and the easterly boundary line of said entire
I o) I tract,said point being S.00°01'23"E.366.731 feet from
II ('HFMON IN SUGARHOUSC ~
the Northeast corner of Block 46,10 Acre Plat"A",Big Field
501-0: 0099 m
Survey;thence southerly along said westerly right of way line
I no �___ of 1300 East Street and easterly boundary line the following
---- —'rs two(2)courses:1)S.00°01'23"E 10.677 feet to the point
SCALE:1"=50' of tangencywith a 1,033.00 foot radius curve to the left;
HI1M1"';1FAD VILLAGE F 2)
� 596-12-0595 southerly 112.967 feet along the arc of said curve,(chord
9N-10P T
L01 7597-1109626 9ECN51RAN0 BUDDING bears S.03°09'21"E.112.91 feet)having a central angle
Lot 3 of 6°15'57",to the southeasterly corner of said entire tract;
_ thence N.89°42'55"W.278.68 feet(Record=279.705 feet)
r t — — — - ---•--- ) N89'3e oo r 's along the southerly boundary line to the southwesterly corner
N00"0B 55 W 39 97 O"9. (1r L 195 PT
1N00-09'1KW)R: PROPOSED PARCEL 1 of said entire tract;thence N.00°20'27"E.140.000 feet along
PROPOSED PARCEL 1' o- 958Y 13601 ,L, - the westerly boundary line to the northwesterly corner of said
2tller00'w 211.1Ir EE ci S89'59.00-W entire tract;thence easterly along the northerly boundary line of
NOU'2U 59'E 00A' rse.'xno.■2,1.76')RI 'T 9l'
(N0020'36'E)02 •, said entire tract the following four(4)courses:1)N.89°38'00"
HIDDEN HOLLOW NATURE RR PARCEL z • - ""'"""`
HQ, E.211.778 feet to a point of non-tangency with a 385.00 foot
501-04-0297
radius curve to the right;2)easterly 11.222 feet along the arc
PARK VIEV PLAZA of said curve,bearing to radius point is S.13°12'29"W.(chord
'" 32004-12-0992
tv bears S.75°57'25"E.11.22 feet)having a central angle of
€ 1°40'12";3)N.89°50'42"E.3.922 feet to a point of non-tan-
-- I o gency with a 386.314 foot radius curve to the right;4)easterly
46.547 feet(measured 46.579 feet)along the arc of said curve,
LEGEND bearing to radius point is S.11°12'07"W.(chord bears S
40 FOUND BRASS CAP STREET MONUMENT
CURVE AND LINE TABLE 75°20'38"E.46.55 feet)to a northeasterly corner of said entire
2- AID:. _ 0-6 5<15 °"°s""�`°^"`""°"°T`° PARCEL) tract and westerly right of way line of 1300 East Street thence
R-38100 k_386 31
=5 L.1 MP. L-16 55 M.R1 0 ,""�°° T9 INC UNLESS S.00°01'23"E.4.831 feet along said easterly boundary line
L=11_^ L=A655 niN[RWSELNJTEDI""
I: SB9'S012 W L, MOO 0539 W AR and westerly right of way line to the point of beginning.
"2 N1R1 J0 U0 MONOME1T LINE The above described parcel of land contains 38,329 square
RED
a - ARN NEW PLA:A I w it RECORD OF SURVE.r500._1,-O9Rz feet in area,or 0.879 acre,more or less
-HIDDEN HOLLOW PROPERIv`SUR,rtr RECORD°F SUR.ES/501-0.-0:.T
OMESTEAND„&IADR G RECORD OF SURVEY 9196 12-0599 B (The Basis of Bearing is S.89°42'55"E.along the north right of
HOMESTEAD PI PLAT -ROF S>ROOK -W PAGE 3
P GI-[ADULATED
N VILNIN010N AVENUE m way line of Wilmington Avenue.)
ti
12195 SOWN,
Li 1FDUND,AP uD„OWL"* f , i,L„
a F SURVEVORSCERTIFICATE RVE D 1N OLO 11RP0 NARRATIV
E AS 10
1 ceA�3e¢o DO NERLRr c r THAT .N RO Es u+u uw SU lAt .AN A H r aueusY OF THIS E n APARCEL OF NORTHEAST
CLRRUCAIE .- 'N.0A9 PRESCRIBE°UNDER LAWSFOFS THE 91As C„U 0L/iTHFR40ERDFr M ONE BWNO RI sr,P rN
['Cu.,.' A[O NAVEDLIADC A Rv`,of Ali Of IANU Y0vm uN Is PLA A,D SUBACl PROPER1r WM ' 6 QUARTER .SALTL20,TO WEND SOUTH,
S BEl Dw A O HAVE SUBDIN EO SAID TRACT CD LAND INTO LOTS STREETS ARO CASEMENTS CONTROCBON/06 ERHP OF AmPEDESwIAN N1171 __— RANGE FAST.SKTLAKE EAND FERIDUN
R A L Sr:rl WHO M IWIN'N W
xBASES OF BEARINGS TOR THIS SURVEY """" RECORD OF SURVEY so."S H0 D
BETwL N THw4OIk 00 W LR104 10 Stanley Consultants nac. SUGARHOUSE PARK TRAIL PROJECT 1 .0 W,DTN ENRRE PARCEL T OL _171771.
r ODT - 1 OF 1
CRAIG R YATES BRASS1 s"3,.0 "A5 PNG R NORTH NO RETIMONS. O. AHD --S. %.\,1 i 1E5 PL. UAW MONUMENTS
PER
c�.
��
Exhibit "D"
Park View Plaza Access Easement
(SB9'S9'S9'E)RS Tax Parcel#16-20-229-065
(589'S8'16-E 41 RI')RU
ZE 089'58'51"F 41 RI')PI
589'5850"E 41 RI'(CI) Tax Parcel#16-20-229-013
SALT LANE CUUN11 E Alr ..[c 1111
IFOUN CAP M,„,aMEN, 2)00 SOUTH STREET RA9 E.R MDMDMENt1 An access easement being part of two entire tracts
BRASS, ND, yI
oto
�9,,L NL EaDN located in Lot 10,Block 46,Ten Acre Plat"A",Big
— -
9, e", ;`'C"" Field Survey in the Northeast Quarter of Section 20,
01
— — - - -- Township 1 South,Range 1 East,Salt Lake Base
and Meridian,said entire tracts are described in that
Warranty Deed recorded in Book 7419,Page 0952,
Salt Lake County Recorder's Office.The boundary
CHEVRON IN SUOAPHOUS[ n of said access easement is described as follows.
501-02-0099 u '
Beginning at a southeast corner of said entire
0 IW W tracts at a point which is S.00°01'23"E.361.89
r — feet from the northeast comer of said Lot 10,said
SCALE:1"=50' J - northeast corner of Lot 10 is N.89°58'50"W.30.16
HOMESTEAD VILLAGE n n
901 10R SIR 596-12-N595 feet along the monument line of 2100 South Street
591-120962 BFCRSTRANO BUILDING and S.00°01'23"E.33.15 feet from the Salt Lake
I UT 5 co County monument(1S1E207A);thence westerly
n w 44.93 feet along the arc of a 386.314 foot radius
------- ------- —---- ---- ° non-tangent curve to the left,bearingto radius point
N00.08 55'w 39 97' 0 NB9'S B00'E NB995 BT E i U "w w w 9
1NO0'0�1B•W)R2 g g a-h is S.18°06'37"W.(chord bears N.75°13'17"W.
05 B1 PROPOSED PARCEL 1
PROPOSED PARCEL , 1 -- 44.91 feet)having a central angle of 6°39'52;thence
ti
589'38'00'w 2,182'N Cl Cz S89'S90O'W,-�'—"=°-.- N.00°01'23"W.13.31 feet;thence N.89°38'00"E.
N00'20'S9-E 004' 1589'38'00-W?II 16)RI -1
TI 97
wOo 0'9-E36' R? 'S POINT feet;thence S.78°41'30"E.13.69 feet to the
Cr
HIDDEN HOLLOW NATURE PARE PARCEL 2 "�"""` easterly boundary line of said entire tracts;thence S.
501-04-024'
00°01'23"E.22.27 feet along said easterly bound-
PARK VIEW PLAZA U' ary line to the point of beginning.
52004-12-099?
The above described access easement contains
794 square feet in area,or 0.018 acre,more or less.
o The basis of bearing is N.89°58'50"W.(Record=
N.89°59'41"W.)along the monument line of 2100
r ti DNN LEGEND South Street between Douglas Avenue(1240 East
D BRASS CAP STREET MONUMLNT
CURVE AND LINE TABLE
Street)and 1300 East Street.
L 01_I 4012' 1- A=6'S4'I5 FOUND SECTION CORNER AS NOTED
PARCEL I
. =TRs on P=3R6 1 ° e. AND GAP sT _ _T=5 a1 N9R1 T-4b 52 MaRI NLEY CONSULTANTS INC UNLESS
plus MOIL- JI NaRTNrrts,Eml
E L - L 11 22 L=46 55 OTMEPvn9E °s E1,IAENTER 9E
L` 58950'42 W 42 N00'0539'W BOUNDAN.LYRE `oMEA rt1� -
J 92 614,1 40 00 MONUMENT UNE 0CM 9r-ALP RArc
>r�NCE pe�Je paLw� sAL1
MEASURED LAKE CITY CORPORA!.
§v RI- OF SURREY04.5004-1D-099: �S Fso I0A-°4'IDD
DEN
LLOW
L,I - '0STRAry " e ER O SURVEY
r F5JI6OA-a1.T .pm F[EA 10 THE yawl a 0 A1I0Nc ENCC 5NO06 E ALONG.10 LAST TOO
9UILDM EAT URKOK 97-10P 0595
HOMESTEAD v�LA14 PLAT ca- - u -I PACE
t F1-CALCULATED
L c0Nr N5 J0J 500 el FOlT 0e a01 Ace.MOVE Ess
WILMINGTON AVENUE "' A `
y ,9 __- - --__ r 1 12195 S0UTN1 ,.,
6 sA A" 9Ri ss T"c P uoMU ME.
(EwNn) P MaA1uMENt �. -r. I, (FOUND)
SURVEYORS CERTIFICATE NARRATIVE
8 DOTIERED,CERRFT IN DNA AND SURRE aP AT I Halo OPPOSE OF MS SUBLET WAS To A PARCEL OF SECAND LOCATED 2O,T IN THE NORTHEAST
eDann ntE r yye I.p 711V�eorr u E LAND of l'.= IALi1a11°r=t8 Esr•DNSN THE eaNwRlEs of rHE QUARTER OF SECTION 20,TOWNSHIP I SOUTH,
AUTH r CN 05 HA4£MADE A STM11E0 TRACT OF LAND SNOW ON T119 PLAT ND SU9JECr PPDPERtt FOR SI51 J I.sN.1x _
„ (TESL EFLOW AND NAT8 SUNDINDED SAID TRACT OP LAN IN1 LOTS STREETS AND EASLMENTS CONTFUCTION/ONNERwP OF A PEDESTRIAN µMe.N1N-rm RAHDEIEAST,SALT LAKE BASE AND MERIDIAN
., UN BOSSING AND TRAIL Mai)WT-.10 N.OM WT.. DESIGNED
__
RECORD OF SURVEY SCALE A5 N01ED
E BASIS a BEARINGS!OR R.SURVEY ° —-- NO
R ,,
)sap ",',rH SA 1AeEN`o„TrStanley Consultants INC. SUGARHOUSE PARKIRAIL PROJECT(WAIT w TES P L DATE N E 99 3, `ST AS P'EP a NORTH „D p' RENRON5 R EL 0.,1 AP,. w p R ---w"W T 1 OF 1
ti T,
WHEN RECORDED MAIL TO:
EXHIBIT"F"
CURB CUT AND CRANE ACCESS AGREEMENT
This Curb Cut and Crane Access Agreement is between Salt Lake City Corporation, a Utah
municipal corporation (the "City"),grantor, and Mecham Parkview Associates, L.L.C., a Utah limited
liability company and Fong Parkview Associates, L.L.C., a Utah limited liability company (collectively
"Parkview Plaza"),grantee.
Recitals:
A. The City has become the owner of the "Draw Property,"which is the shaded area labeled "Sugar
House Park Trail"on the Site Plan attached hereto as Exhibit"A" ("Site Plan"). A legal description of
the Draw Property is attached as Exhibit B.
B. Parkview Plaza is the owner of the "Parkview Plaza Property"which is adjacent to the southern
border of the Draw Property.A legal description of the Parkview Plaza Property is attached as
Exhibit C, and the Parkview Plaza Property is also shown on Exhibit C as the shaded area labeled
"Parcel 2 Park View Plaza."
Agreement:
1. Additional Curb Cut. The City grants to Parkview Plaza the right for a second vehicular
access point, or"curb cut,"for ingress and egress between the Parkview Plaza Property and 1300 East
Street in the location of the southerly curb cut shown on Exhibit D,attached. The design of this access
point must be submitted to the City for review and approval and must conform to current City
standards.
2. Crane Access.The City grants to Parkview Plaza the right to use the sidewalk and other
real property owned by the City between the Parkview Plaza Property and 1300 East Street (the
"Sidewalk") and also a portion of the 1300 East Street, including temporary closure of the Sidewalk and
a portion of 1300 East Street,for the temporary location of a crane for installation and removal of heavy
equipment and machinery, including but not limited to HVAC equipment,from the rooftop of the
presently existing building located on the Parkview Plaza Property, subject to the following conditions:
a. The use of 1300 East shall be limited to the area and time reasonably necessary
for accomplishing the installation or removal of such heavy equipment and machinery.
Based upon Parkview Plaza's past needs for installation and removal of rooftop
equipment,the parties anticipate that use of this right will be infrequent.
b. Traffic flow shall be maintained in both directions on 1300 East, and Parkview
Plaza shall be responsible for the cost of all traffic management and repair of any street
damage.
c. Except for emergency access,which shall be governed by the pre-approved
Traffic Control Plan pursuant to Section 6.d below, Parkview Plaza shall exercise this
right by applying through the City's then current process for street closure permits and
obtaining a permit, which the City agrees to not unreasonably deny, delay, or condition.
The City may reasonably establish the hours for the street closure,which may be nights,
weekends or other lower traffic hours.The use of this right shall be subject to all of the
34
01/10/11
City's then current traffic management and safety requirements.The use of this right
shall also be subject to the City's other then current rules and regulations, provided
that such rules and regulations shall not prevent Parkview Plaza from reasonably
exercising its rights granted above,and provided further that the fee charged to
Parkview Plaza for each permit shall not exceed the sum of One Hundred Dollars
($100.00).
d. For purposes of this Agreement, an emergency requiring emergency access shall
mean failure of equipment located on the rooftop of the building on the Parkview Plaza
Property necessary for operation of the building. The City and Parkview Plaza shall
cooperate in the development of an Emergency Crane Access Plan ("Emergency Plan")
compliant with the current edition of the City Traffic Barricade Manual. Following any
change in the City Traffic Barricade Manual, either party may request that the Emergency
Plan be updated, and the parties shall thereafter cooperate with revising the Emergency
Plan to be compliant with the then current City Traffic Barricade Manual. Emergency Plan.
Parkview Plaza may implement the then current Emergency Plan in the event of an
emergency.
3. Emergency Egress.The City agrees that the sidewalk shown on the north side of the
Parkview Plaza Property shall satisfy all City emergency egress requirements for the
presently existing building which were satisfied by Parkview Plaza's easement rights over
the Draw Property which were terminated contemporaneously herewith.
4. Reasonable Exercise. Parkview Plaza agrees that its use of the easements and rights granted
herein shall be reasonably exercised in a manner which does not unreasonably interfere with the
Draw Property and its anticipated use as a multi-purpose recreational trail.
5. Benefit, Burden and Binding Effect. The benefits and burdens, rights and obligations, easements
and restrictions created by this agreement shall be appurtenant to and run with and burden and
be binding upon the Draw Property and the Parkview Plaza Property, and shall inure to the
benefit of and be binding upon the Parties and those claiming by,through, or under them.
6. Miscellaneous.
a. Modification and Termination. This Agreement may not be modified or amended
except by a written instrument executed by the parties hereto or their respective
successors and assigns.
b. Severability. If any term or provision of this Agreement or the application of it to any
person or circumstance shall to any extent be invalid or unenforceable,the remainder of
this Agreement or the application of such term or provision to persons or
circumstances, other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Agreement shall be valid and shall
be enforced to the extent permitted by law.
c. Entire Agreement. This Agreement contains the entire agreement between the parties
hereto and supersedes all prior agreements, oral or written, with respect to the subject GA)y
35
01/10/11
matter hereof. The provisions of this Agreement shall be construed as a whole and not
strictly for or against any party.
7. Representation Regarding Ethical Standards For City And County Officers And Employees And
Former City And County Officers And Employees. Each of Woodmen and Parkview Plaza
represent that it has not: (1) provided an illegal gift or payoff to a City or County officer or
employee or former City or County officer or employee,or his 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 bona fide commercial selling agencies for the purpose of securing business; (3) knowingly
breached any of the ethical standards set forth in City's or the County's conflict of interest
ordinances,Chapter 2.44,Salt Lake City Code and any applicable sections of the Salt Lake County
Code;or(4)knowingly influenced, and hereby promises that it will not knowingly influence, a
City or County officer or employee or former City or County officer or employee to breach any of
the ethical standards set forth in City's or the County's conflict of interest ordinances,Chapter
2.44,Salt Lake City Code and any applicable sections of the Salt Lake County Code.
Dated , 2011.
SALT LAKE CITY CORPORATION
Mayor
ATTEST AND COUNTERSIGN: APPROVED AS TO FORM:
CITY RECORDER SENIOR CITY ATTORNEY
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Curb Cut and Crane Access Agreement was acknowledged before me this
day of , 2011, by Ralph Becker, Mayor of Salt Lake City Corporation, a Utah
municipal corporation.
NOTARY PUBLIC
Residing at:
My Commission Expires:
MECHAM PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
36
01/10/11
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Access Curb Cut and Crane Agreement was acknowledged before me this
day of , 2011, by of Mecham
Parkview Associates, L.L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
FONG PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Access Easement Agreement was acknowledged before me this day of
, 2011, by of Fong Parkview
Associates, L.L.C.,a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
Jr,
37
01/10/11
Exhibit "A"
SITE PLAN
HOMESTEAD VILLAGE LOT 3 AMENDED AND ALSO SURVEYOR'S CERTIFICATE_
ReREM
e of 110 SOW NI O. 1 furlhor ertify Mal
AMENDING LOTS 1 THROUGH 4 BLK. 1 VIEW CITY SUBDIVISION or..and ,a"The ,a„e,a,.,.lot.ma moats hreoll.,.
u1 BRA."___ LOCATED IN THE NORTHEAST QUARTER OF SECTION 20 a.ka.n e, LOT ry BRASS LAP STREET x EMLNr •N wy.d an around ae Mown m INN
TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN -dodo•Ome:�":,°m ror oor frontage
ed.ml,eN•ea.u97"'",d99 a'°
0 °°"° `°°"`""""'" ALSO LOCATED IN . .
° '"""" "'"` 0N155 LOTS 9 & 10, BLOCK 46 10 ACRE PLAT "A•' OF THE BOUNDARY DESCRIPTION
EDUSASEMENT t� ,ii BIG FIELD SURVEY ' • '•- • 101 SALT EMI BASE Ma MEHwM r PMaE.ARITG.OVARTER wSGROLD SECTION AS FOLLOWS.
M.•"
NG LOT LINE
AMENDED LOT LIG N f G'SetPA`ILIMG4T^, aw91 001 ALONG mL w04.1 LK w,m u•T STREET»e RI
W SOLON
140.10 Nt LINE an 1 "x WENT Nraam9l r _ N1_. SMUT W �10 emu,m r nscnae w mL
Al LAKE
CITY
YOF 0MMEN,L Icyr O _
MONIS
(FOUND) BECOMINO u0Y°M MASS CAP 10401011 IN RICO SOWN SWEAT t'aaNtx C.Ili) ICI l 1' .Lq® \L TO a9vLT WOOowi�"iWWAY loa,L'
1501-Oe-0aAr , • • 1 ,W a" 1001.1 OWN
,f xw°,r SMAL WIDOW
Norw 0 PAPA MN NAG 1•II OLIO IN
wv°9vt_rr-9 5 � Coo S431 as_1.000 r 1cLxM
Of 10f,PAGE BRASS NB931'43'E SB53'M 6'34'E 10D10' wl°50BBv e19,Lo m L
r, CALCULATED
SUGAR MOMS!AI In/5 uttlsw lda-009e ,Id SCALE:1'=JlO' IN RING (N69'S0'ST'E)R5 (56l,T25'E)RS MN6972'92Y 101.76'Y> ' 10Sw r 3aaumw,RNT uoxc`SNI ML!
(N69]T'01E 101.94' RS u if...¢ 1'e 11 I IAM KI sw m'B 11 B, COUNT.
y _.__- -_ unurr L n'"• °AS 09 It tit APO FILM o,Ito NN ON W Ili
CESS MO
ALONG SAID LINL 5391 FRI.M.O.SOON WM 0 Ws,ALoNG 1141 NORM liNE Of S.000.
I�unNT 2.8 L011 Otto 1 OOLOW PROPERTY 931101 133 0 FLU COMM
g; • -J� I>wun�uawxT s o,,tootC. n'.v.o°,�x'B'" �L ME,.NI.FIG 100 al 504W Aro 0 A
7 ..^..•L,«• 1 > ,;s Ewa EAST A9 ERE,-o,a0ee Ma 0110 HMn,Mvo,aa,.ML,NE.M.0 00 WANT ML
`l�l cuw„s"°wW ms9lrw..`wAv alNORM L.v u•usL.,.UPT
• n ES HB9'S9'OB'E •n 31 s0, AI MOM ov»oLASE NW,R Oil 10 A ow TaT
i - S 15 00' 'a - WRw ro ixc Hwr TM S SO WN CODEDV LAST MO,1 SwmGSTMLY AL..s,q
,.,,. <D .
Am...A 8=1 oo32.,...�o q --ATL°4•u'i,I 41•11 RMx¢SW Nlw,,.3 Ex11 �1
'^•"� I N59'51'431 134 67'M 20 36 SI,� INN„r AT MI ME Woo w 6000 L.0004 Lets 503.1 L
.";^ H69.50'52%13451]R4 �j g e ' " - waOWNER'S DEDICATION a d
yLN69'56'06'E N „( let a
e.e.. -o !Bl' 169'5944.W_1 ueme acne all
�B f M a 0!B' JJ.S' HB5'PB•OB1 T670i' -B 91' •�.....and wren"... a P. ee
1'...,.3. 1 '-in •MR Tee
6.00.10
._'•..w ... .eB.e n.+ , -_—._- D•
5 $ L0T6 r _ L• n, .e..,,.�-r .....M-h..anM.a.wu Ln.aarm.d.h..L.eta
E ^ AMEROED LOT 7 XIS
w"'� F$, 44 EAST xlrx y 100 EAST
a ..
RIO
100
VICINITY MAP \`.I 5695]'16•W ar13J 65'"M Sfi 11'�ry 115 5�• V SB9-59'00"w 1 .. B 'a R IR 1ILIC' RINGS 1.4010.04.1 crnoa+nn°ALL Nano.Ute ,mild n,e�n,T<uneen" •
(N69'5f21'E 133 71')R4 • SP.1.14,70 -�,Ey1B1♦L6n, '1 97' I - r.Oao9ua,c
s r N00V6'S3'W 1 L T 5_ .� +
E•xu0,1 53 97'Y HieL<w u. L,•, BL I Br y
ACKNOWLEDGMENT • 569'3PooNt 211.62 M •9's90E-w
(569.36'00'W 211 16')R1 1 97' 'C`H.T 6 .V. SIP c o oim.,,,, . ,"'on', S"R`r snvmr S GC .1.44 e,aam x L « "d/0rvmam-a
urt s m, 9E0001w. x I sate,
La SINE La,. N00 0's'•.004 „ R936500' R-JB6.J1' - -- - -------
ea eelore no The„tale O a (N0070'36 E)R2 'o T-561'M+RI Ai'7.14 NV. r
1-11 22. i-'6 52'144411 dnO
wae)ae -635'
wood n x.y N00W'S5'W 3996'Y ]9T Y�R1 ACKNOWLEDGMENT
and.aanL r d Te,m.,,,,.u,a p•aa...w m.nEa,.d N00.91e '2 STATE w L,rn
ned Notor.
Reva,nN„ -°aa , County of
S T .. 9
in mid SING of Utah the
ACKNOWLEDGMENT ,«um ,in number d forMo we ale,and purpose,mere-,nenhonea -rm<a'1 1,<, a
County al Solt take Nolo,Po.
.a o.1«...,e me anal a..d Notary Pub.In and for mid ACKNOWLEDGMENT a r
in sold Slate ol U.I. n..a.l)o s of 0.�° store w ETA tIn number mei auly his
to signed II newt ss
On Me day ol y •t�.-at a pr - NaL r •et+-(.)o.03 eP1In a
in sold State of WM
voluntarily
„t,n Residing ob.PNW8
HOMESTEAD aVILLAGE erLOT mentioned
.x9 t1iu30a
Ea 0 PT�'�..- „11 Nlrl,1„o a.I NI II 0 AMENDING LOTS 1 THROUGH 4 BLK I VIEW CITY SUBDIVISION
20
Stanley Consultants.� S TOWNSHIP1 T THE NORTHEAST QUARTERLAI or SECTION 9
t T C. At,LAr r4 1 LOCATED I N.RANGE E EAST.SALT LAMS 9A96 AND Y6RIDIAN
d " y �.,�,,,yln� ALSO LOCATED IN
r,
u t ail E r nm LOTS 9 k 10.BLOCK 46,E0 ACRE PLAT"I'OP THE
BIG FIELD SURVEY
BOARD OF HEALTH CITY PLANNING DIRECTOR Car ENGINEERING DIVISION CITY PUBLIC UTILITIES DEPT CITY ATTORNEY CITY APPROVAL BALT LAKE COUNTY RECORDER
AP00.ea Re to SOO°,S.or oa l0 1 to PreeBnted Le ke City AD stare or Elan Canty o1 Soil Lake recorded and Tiled of Me request 01 - NUNOER
NUMBER _ •_1m' pd20°' Lobe cApproved ' Edgo by the
m1«MaEandond ie is e correct one w,accordance with oy of I here by certify Mot I Move hod 16.4 plat exanuned r on. y n.1 oa_ oar of mAO Sao_ zo�and Mn r approved —
Salt r an Commission Date_ < _R ak_ _ 9 ACCOUNT
4CCOENY lily Engineer Dole Solt Lobe CRy Mayor
1_E 2
SHEETS B•ET�t Co Roora of N,4RF P6mmng Dwevmr Dole air sar.ew, sdl Eoke coy
__- Dote Puenc UtNalee Dxecmr sat Labe lRy 111wney Soil Labe CIIr Recorder n,Tr Deputy salt tab.Cou r SHEETS
\I'S. r .
Exhibit "B"
Legal Description of The Draw Property Parcel
OVERALL AS-SURVEYED DESCRIPTION
A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS S.00°01'00"E.ALONG THE MONUMENT LINE OF 1300 EAST STREET
394.99 FEET AND S.89°59'00"W. 71.97 FEET FROM THE INTERSECTION OF THE MONUMENT LINE OF
2100 SOUTH STREET WITH THE MONUMENT LINE OF 1300 EAST STREET, SAID POINT OF
INTERSECTION BEING S.89°58'50"E. 41.81 FEET FROM A FOUND SALT LAKE CITY BRASS CAP
MONUMENT IN 2100 SOUTH STREET, SAID POINT OF BEGINNING ALSO BEING S.00°01'00"E. 361.89
FEET FROM THE NORTHEAST CORNER OF LOT 10, BLOCK 46, 10 ACRE PLAT A, BIG FIELD SURVEY,
SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF 1300 EAST STREET,AND THE
NORTH LINE OF A SURVEY KNOWN AS PARK VIEW PLAZA I&II, FILED IN THE SALT LAKE COUNTY
SURVEYORS OFFICE BY BUSH AND GUDGELL, INC.AS#S2004-12-0992 AND DATED JUNE 01, 2004;
THENCE ALONG SAID NORTH LINE THE FOLLOWING FIVE(5)COURSES: 1)NORTHWESTERLY 46.55
FEET ALONG THE ARC OF A 386.31 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT(CENTER
BEARS S.18°06'22"W WITH A CENTRAL ANGLE OF 6°54'15"); 2)S.89°50'42"W. 3.92 FEET TO A POINT
ON A 385.00 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT; 3)NORTHWESTERLY ALONG SAID
ARC 11.22 FEET(CENTER BEARS S.14°52'41"W WITH A CENTRAL ANGLE OF 1°40'12"); 4)S.89°38'00"W.
136.01 FEET TO THE EAST LINE OF LOT 3 OF A SURVEY KNOWN AS HOMESTEAD VILLAGE IN THE
SALT LAKE COUNTY RECORDERS OFFICE DATED 10-20-97 IN BOOK 97-10P PAGE 316; 5)S.89°38'00"W.
75.81 FEET TO THE EAST LINE OF A SURVEY KNOWN AS HIDDEN HOLLOW PROPERTY SURVEY,
FILED IN THE SALT LAKE COUNTY SURVEYORS OFFICE BY SALT LAKE CITY CORPORATION AS
#S01-04-0247 AND DATED APRIL 12, 2001;THENCE N.00°20'59"E.ALONG SAID EAST LINE TO AN
ANGLE POINT 0.04 FEET; THENCE N.00°08'55"W.ALONG SAID LINE 39.96 FEET;THENCE N.89°38'00"E.
75.84 FEET TO A POINT ON THE EAST LINE OF HOMSTEAD VILLAGE AND THE WEST LINE OF A
SURVEY KNOWN AS BECKSTRAND BUILDING, FILED IN THE SALT LAKE COUNTY SURVEYORS
OFFICE BY ENSIGN AS#S96-12-0595 AND DATED DECEMBER 16, 1996; THENCE N.89°38'00"E.
195.87 FEET TO THE WEST LINE OF 1300 EAST STREET; THENCE S.00°01'00"E.ALONG SAID
WEST LINE 54.87 FEET TO THE POINT OF BEGINNING.
CONTAINS 11,269 SQUARE FEET OR 0.26 ACRES MORE OR LESS
v V
Exhibit "C"
Park View Plaza Parcel #2
(589'59'S9 El H, Tax Parcel#16-20-229-065
(S89'5818"E Al NI')82
1569'58'SI"E at 81')HI
S89'58'501 AI 81 ,L I) A parcel of land being an entire tract located in the Northeast
a„„ "RE EW„„ Quarter of Section 20,Township 1 South,Range 1 East,Salt
SALT twAr IOU SOUTH STREET B,r+ss cAn u,wuu[u
BRASS00E""""°"`"' n ,FOUND, ol Lake Base and Meridian,said entire tract is described in that
— 9 Special Warranty Deed recorded in Book 9362,Page 2552,
a ,I 9, Salt Lake County Recorder's Office.The boundary of said
-- -- — -- -- - - --- - _ parcel of land is described as follows:
i.. .i,) 1 Beginning at a point on the westerly right of way line of 1300
East Street and the easterly boundary line of said entire
^' I tract,said point being S.00°01'23"E.366.731 feet from
1 CMFYRON IN S000900U5f the Northeast corner of Block 46,10 Acre Plat"A",Big Field
i s01.oa,0099 1I , P Survey;thence southerly along said westerly right of way line
5D ,, _ w of 1300 East Street and easterly boundary line the following
- - two(2)courses:1)S.00°01'23"E.10.677 feet to the point
SCALE:1"=50 "7; of tangency with a 1,033.00 foot radius curve to the left;2)
HHNI;n_nn wu nU, \ ______ 595-12-0595 0 southerly 112.967 feet along the arc of said curve,(chord
9„-10{.-316
,H, 1209EN HErs51NA0 eU1LDINc beam S.03°09'21"E.112.91 feet)having a central angle
I of - v.
of 6°15'57",to the southeasterly corner of said entire tract;
thence N.89°42'55"W.278.68 feet(Record=279.705 feet)
-- - I t.-- —— — 89,R 00'E Ny<SR oo E si along the southerly boundary line to the southwesterly corner
"„U 0a 5rw 39 9, ^ " 5 8A 195 a, of said entire tract;thence N.00°20'27"E.140.000 feet along
1 Uou919'wl R. PROPOSED PARCEL ,
PROPOSED PARCEL _ , 59Y t36 U, the westerly boundary line to the northwesterly corner of said
swrroo•w 211.82'bl n-} 2 sa9-59 o w' entire tract;thence easterly along the northerly boundary line of
N00=°59-E 0 01 said entire tract the following four(4)courses:1)N.89°38'00"
,N00'_D 3E3E)R� •
HIDDEN HOLLOV NATURE PAPt - "D'"""` E.211.778 feet to apoint of non-tangency with a 385.00 foot
D_°i_D,1 m• PARCEL 2 9 Y
jgt radius curve to the right;2)easterly 11.222 feet along the arc
PARK VIEV PLAZA of said curve,bearing to radius point is S.13°12'29"W.(chord
S2004-12-0092
bears S.75°57'25"E.11.22 feet)having a central angle of
- 1°40'12";3)N.89°50'42"E.3.922 feet to a point of non-tan-
- I gency with a 386.314 foot radius curve to the right;4)easterly
46.547 feet(measured 46.579 feet)along the arc of said curve,
__ LEI1ENn _
y FOUND BRASS GAP STREET u,N1UUFN1 bearing to radius point is S.11°12'07"W.(chord bears S.
URVI AND 11NE TABLEQ'� 75°20'38"E.46.55 feet)to a northeasterly comer of said entire
a 6'S0 IS` { ""°SECTION CORNER"5"D.rD PARCEL I tract and westerly right of way line of 1300 East Street;thence
w 8_385 00 H=386 3 REBAR AND C
61 A.RI 6 52 M.HI ° ,GEw�sE....SULTAN, UNLESS S.00°01'23"E.4.83E feet along said easterly boundary line
E — 1=I12_ 1=1655
S89'50'42 w L_ 50005 39 W AR, I" and westerly right of way line to the point of beginning.
9' ",R, °00 R N AEA'1'NE The above described parcel of land contains 38,329 square
#EAw0ED
El _ Y/S2004-a-O8G2 feet in area,or 0.879 acre,more or less.
A HOL PROPERI"CESURREyRECO D OF SURRF,001-D.-Dl./
R, _HIDDEN
O BALL HOUESEEND S RECORD OFgSUPPY E - 059 7 BOON 97-10P Ana„6 (The Basis of Bearing is S.89°42'55"E.along the north right of
u-u1cULA1ED
VILMINGTON AVENUE way line of Wilmington Avenue.)
i )9— — _ _irWND'P uuuu $2195 S0U181 --
) OEN�
'4SURVEYORS CERTIFICATE NARRATIVE
I 0SUO._,Stt1 Do"FRFR.FERRFY THAT I Au A PROFESSIONAL LAND suRRETOR ARO THAT I„OLD PURPOSE UP THIS SURREY WAS TO _ — . _ A PARCEL OF LAND LOCATED IN THE NORTHEAST
iCUE iu n ND A UE_,:E'PREsrR�B..UNDLR LAwS mD sIA,E or OIl No cs o[N,NE=E°R*1 1Es DF,NEAIL sa,s _— _ QUARTER OF SECTION 20,TOWNSHIP I SOUTH,
EscR.RED Brro":,'+r"A L s°Noo105 ADD TRACT a i"N Roo LOTS STREETS.AND EnsruENrs cox >giovNERw^orY iOCD TR,"N iR�uw'.:�°- —-- RANGEIEAST.SALT UV(E SASE AND MERIDIAN
1.
cROssINc "P 1^,1 t- ..Wi', ,
x ° ° BEARINGS FOR THIS ss RECORD OF SURVEY N°E as uono
BASIS OF URLE.
s Br1,REE"1"u DBE s"Er`" «"_` Stanley Consultant INC. SUGARHOUSE PARK TRAIL PROJECT 05 DAFF . _ 10F 1
BRA55 E.P "LNwG,DN
��r�\���\\\\\\�\�r�\\� _ __-__ - -__--__ "wNul AND HAuNG A BEARING nF NORIN ID iN ENTIRE PARCEL 00WII APR,L 2
CR 7,N 1-eN S P L. .---DATE 8937 AO WEST AS PER R, ND R m.. D. AR"D DATE --__-_—__
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WHEN RECORDED MAIL TO:
EXHIBIT"G"
LANDSCAPING AGREEMENT AND EASEMENT
This Agreement is between Salt Lake County, a body corporate and politic of the State of Utah,
(the "County")and Mecham Parkview Associates, L.L.C., a Utah limited liability company, and Fong
Parkview Associates, L.L.C.,a Utah limited liability company(collectively"Parkview Plaza").
Recitals:
A. The County is developing a multi-purpose recreational trail (the "Parley's Trail")which
will be located on the "Draw Property," which is the shaded area labeled "Sugar House Park
Trail"on the Site Plan attached hereto as Exhibit"A" ("Site Plan"). A legal description of the
Draw Property is attached as Exhibit B.The Draw Property is owned by Salt Lake City,which has
granted Salt Lake County an easement for Parley's Trail.
B. Parkview Plaza is the owner of the "Parkview Plaza Property"which is adjacent to the
southern border of the Draw Property.A legal description of the Parkview Plaza Property is
attached as Exhibit C, and the Parkview Plaza Property is also shown on Exhibit C as the shaded
area labeled "Parcel 2 Park View Plaza."
Agreement:
1. Landscaping. The County agrees to landscape the portion of the Parkview Plaza Property
described in Exhibit D attached (the "Landscape Area"),which may be done in an integrated
manner with the Draw Property,and may include modifying the irrigation system. The County
shall also construct a sidewalk through the Landscape Area as shown on Exhibits A-4 and A-5.
The landscaping shall be subject to the approval of Parkview Plaza,which approval shall not be
unreasonably withheld,and shall not be inconsistent with the operation of a Class A office
building. Parkview Plaza approves the landscaping plans and other plans attached hereto as
Exhibits A-1 through A-5 attached.
2. Maintenance. The County shall maintain the Landscape Area in good condition, including
watering, in a manner consistent with the landscaping installed by the County and the County's
maintenance of the Draw Property landscaping.The County shall provide, at the County's
expense,the water for such maintenance. The controls for the irrigation system shall be under
the County's exclusive control.The maintenance of the landscaping shall not be inconsistent
with the operation of a Class A office building.
3. Grant of Easement. Parkview Plaza grants the County and Salt Lake City Corporation an
exclusive easement, subject only to existing utility easements, on the Landscape Area for the
purpose of installing landscaping and maintaining the landscaping in such area. Parkview Plaza
also grants the County a temporary construction easement on the Landscape Area during the
County's initial construction of the Parley's Trail and related improvements on the Draw
Property. Subject to the monetary limitations set forth in Utah Code Ann. §63G-7-101 et. seq.,
the County agrees to indemnify, and hold Parkview Plaza,their officers, directors, employees
and agents harmless against any and all claims, suits, loss, costs, demands, liability, expense, and
causes of action of any kind, including the amount of any judgment, court cost, or attorney's >�
42 t '
01/10/11
fees incurred by one or any of them, in the defense of same, arising in favor of any party, on
account of claims, personal injuries, death or damages to the Landscape Area,violation of
environmental laws and regulations, and all other claims or demands of every character arising
out of the County's use of,or activities on the Landscape Area.
4. Plans. The initial landscaping in the Landscape Area shall be substantially in accordance with the
landscape plans shown in Exhibits A-4 and A-5 attached. Any material modifications to the
landscaping shall not result in Landscape Area becoming a more secluded area which could be
more attractive to vagrants.
5. Use by Parkview Plaza. Parkview Plaza shall have the right to use the Landscape Area only for
(1) ingress and egress from its building over the sidewalk constructed thereon by the County, (2)
repairs and maintenance of the utility lines presently located in the Landscape Easement, and
(3) repairs and maintenance of the building on the Parkview Plaza Property; provided, however,
that repairs and maintenance of utility lines and the building on the Parkview Plaza shall be
limited to those which cannot reasonably be performed without utilizing the Landscape
Easement. Parkview Plaza shall perform all such repairs and maintenance as quickly as
reasonably possible, in a commercially reasonable manner that causes as little disturbance to
the Landscape Area as may be practicable under the circumstances, and any and all portions of
the surface area of the Landscape Area and landscaping which may have been excavated,
damaged or otherwise disturbed as a result of such work shall be restored,at the sole cost and
expense of Parkview Plaza,to the same condition as the same were in prior to the
commencement of any such work.
6. Assignment. Provided the County remains liable for the performance of any assignee,the
County may assign its rights and obligations under this Agreement to any party acquiring the
County's rights and obligations regarding the Parley's Trail in the Draw Property.
7. Term and Termination. The obligations of the County hereunder shall begin upon the start of
construction of the Parley's Trail on the Draw Property.The obligations and easements created
hereunder shall be perpetual.
8. Benefit, Burden and Binding Effect. The benefits and burdens, rights and obligations, easements
and restrictions created by this agreement shall be appurtenant to and run with and burden and
be binding upon the Draw Property and the Parkview Plaza Property, and shall inure to the
benefit of and be binding upon the Parties and those claiming by,through, or under them.
9. Miscellaneous.
a. Modification and Termination. This Agreement may not be modified or amended
except by a written instrument executed by the parties hereto or their respective
successors and assigns.
b. Severability. If any term or provision of this Agreement or the application of it to any
person or circumstance shall to any extent be invalid or unenforceable, the remainder of
this Agreement or the application of such term or provision to persons or , i
circumstances, other than those as to which it is invalid or unenforceable, shall not be 0,
43
01/10/11 j�',
affected thereby,and each term and provision of this Agreement shall be valid and shall
be enforced to the extent permitted by law.
c. Entire Agreement. This Agreement contains the entire agreement between the parties
hereto regarding the landscape easement granted herein and supersedes all prior
agreements, oral or written,with respect to the subject matter hereof. The provisions
of this Agreement shall be construed as a whole and not strictly for or against any party.
Dated , 2011.
SALT LAKE CITY COUNTY
Mayor or Designee
STATE OF UTAH )
ss.
County of Salt Lake )
On this day of , 2011, personally appeared before me
, who being duly sworn, did say that s/he is the
of Salt Lake County, Office of Mayor, and that the foregoing
instrument was signed on behalf of Salt Lake County,by authority of law.
Notary Public
[SEAL] Residing in Salt Lake County
MECHAM PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Landscaping Agreement and Easement was acknowledged before me this
day of , 2011, by , of Mecham
Parkview Associates, L.L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
44
01/10/11 APPROVED AS TO FO?M
Salt Lake Count;DIstr'ct s Off ce '� t
By i .;uf9 Ci r t ec..ay
r`e. /t/
FONG PARKVIEW ASSOCIATES, L.L.C.
By:
Its:
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE )
The foregoing Landscaping Agreement and Easement was acknowledged before me this
day of , 2011, by , of Fong
Parkview Associates, L.L.C., a Utah limited liability company.
NOTARY PUBLIC
Residing at:
My Commission Expires:
46
01/10/11
Exhibit "A"
SITE PLAN
HOMESTEAD VILLAGE LOT 3 AMENDED AND ALSO SURVEYOR'S CERTIFICATE_
AMENDING LOTS 1 THROUGH 4 BLK. 1 VIEW CITY SUBDIVISION Certifical•No 1791013 as premtaied undo,the Loss of tn•SM.ol won 1 Twine,rer,the.ei FOUND AS AISINn1NONOMNI LOCATED IN THE NORTHEAST QUARTER OF SECTION 20 NOWISIMO p adn....aaal.a.L.1LOT'AMdNoE,oa.Mal We same h.been toneelly ;,n,atlao;a. ;
0 d Molted cm the timund as Nemo on I.
DN SCCliodCONN.a. " 0 TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN P.�daaIa m1.w ,....et....fee 11.:°��amllaer oleo
F404 Ilsaaa 1ne
°°°con/e
ALSO LOCATED IN wm
"'"`•°N15' LOTS 9 & 10, BLOCK 46, 10 ACRE PLAT "A" OF THE BOUNDARY DESCRIPTION IX��AS a a� maxul
EASEMENT LINY
BIG FIELD SURVEY
ii
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VICINITY MAP \ S S8O 52'le'w a)3365'xY, 56Ir„ln 215.54 se959'oo-IN� a .ITc1c N.x1Ntxs Ne"A02.4N1 I l C .man.suer".,natl.,. ywla«
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ACKNOWLEDGMENT Se9.3e•00'w 211 ez N 599590017_1
(5e9'3e'00'W 211J6')RI )1 9T UMW.tN•uea.l
h.lt 01 LOAN
1Y01 xu Ir ILA.ulm 1,...neo 1.or Ir..mN r sV I par a/e/aM«nest•aa SIUJI..
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__ _ ___ ea e.1a..m.tn.erne w•a (N0070'!6"E)R2 LOT a T.561'44Rt T.46 SI'Y4Ri°AR4°ARtts� Ss
Or
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IN
..m.mst., .na 1er In.....am .,:ser us,.mwona Ir NI n N..1. N009e'S5-W 39 96'Y 3192'Ya,,, ACKNOWLEDGMENT
r vw N00,•1. R SMA.00 OWA
Rests V yap,_cap _ ewer(*)
of
., V r
in sod Stout a/Mon the
SM.D.m. ACKNOWLEDGMENT whin.,and Id me uses ma purposes merest mentioned- •�.a 1I n•.r.na
Couni•of Satt Lake Notary Public
nert')Y .d 0e1�ta.INe.mers an. reruns
Nolory Pubic In and For•old ol Sall Luke
ACKNOWLEDGMENT __
My mmtntsstan wattes On Pm day al
Lake
in said State co mak a e°'a°° hts Owner a e before I• .a w,5 a a,y
Public on.t3.said Ow,of Sar.o1 y a d I in,ex.es dI pam.we m•n11w.d--- N xeay and
Notary Pub.
In County
HOMESTEAD`VILLAGE TAT 3 AMENDED um Auo
i7T ;.... O M 0 AMENDING LOTS 1 THROUGH 4 BLK 1 VIEW CITY SUBDIVISION
1i Mass 1„ern
Consultants LOCATED T'RE NORTHEAST EAST.A SALTQUARTER 09SE SECTIOND 20
8
$t311IE1/aa/F9UIl��Mc 1• "1 J TowElexEr 1 SOUTH.RANO6 I LOCSALT LAKE BASE AND MERIDIAN
,1 n ATED IN
I, 1 o m, 1419 9 r 10.BLOCK10 ACRE PUT'A'OF THE
BIG FIELD SURVEY
ROARf) OF tlF lli CI[Y PiANNINC lf1 LC�R CITY ENGINEERING DIOSIDN CITY PUBLIC UTILITIES DEPL CITY ATTORNEY CITY APPROVAL SAyl y(iKE_LDU-RTy_R_COROLR
--- - ed Iu a ap owO tn., r r Seer ae to m m tea o Solt Lake stole or Uton C. y of SaI Lose tecoraed ana Ned at the reaaess --N MREa
NUMBER - - _ the correct and in accordance Mtn an 11e MIS oar o_-_ A0 e10_ this of-_ AO stole
Salt Lase C ly Maas,cryarstssarn lnlamattan On Ole _Oar ot A D 20_ _,and Is hereby approved -- __ _- __ - -_ __
sIMGLTN1 9 Dale cane- - ors o _ -'ATMIxT-
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Salt Lake C11y
StfLF15 0:err-Si-C-HoardI Neo1TF Fianntn9()cyclist -- CTr3unern, -- - --- paa114 Ut11111es Director Sall Lake Clly Attorney Sall lake C11y Recorder CE paFy SoRTT1e-Ca.nly Recorder SHEETS
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Exhibit "B"
Legal Description of The Draw Property Parcel
OVERALL AS-SURVEYED DESCRIPTION
A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS S.00°01'00"E.ALONG THE MONUMENT LINE OF 1300 EAST STREET
394.99 FEET AND S.89°59'00"W. 71.97 FEET FROM THE INTERSECTION OF THE MONUMENT LINE OF
2100 SOUTH STREET WITH THE MONUMENT LINE OF 1300 EAST STREET, SAID POINT OF
INTERSECTION BEING S.89°58'50"E. 41.81 FEET FROM A FOUND SALT LAKE CITY BRASS CAP
MONUMENT IN 2100 SOUTH STREET, SAID POINT OF BEGINNING ALSO BEING S.00°01'00"E. 361.89
FEET FROM THE NORTHEAST CORNER OF LOT 10, BLOCK 46, 10 ACRE PLAT A, BIG FIELD SURVEY,
SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF 1300 EAST STREET, AND THE
NORTH LINE OF A SURVEY KNOWN AS PARK VIEW PLAZA I &II, FILED IN THE SALT LAKE COUNTY
SURVEYORS OFFICE BY BUSH AND GUDGELL, INC. AS#S2004-12-0992 AND DATED JUNE 01, 2004;
THENCE ALONG SAID NORTH LINE THE FOLLOWING FIVE (5)COURSES: 1) NORTHWESTERLY 46.55
FEET ALONG THE ARC OF A 386.31 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT(CENTER
BEARS S.18°06'22"W WITH A CENTRAL ANGLE OF 6°54'15"); 2)S.89°50'42"W. 3.92 FEET TO A POINT
ON A 385.00 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT; 3) NORTHWESTERLY ALONG SAID
ARC 11.22 FEET(CENTER BEARS S.14°52'41"W WITH A CENTRAL ANGLE OF 1°40'12");4)S.89°38'00"W.
136.01 FEET TO THE EAST LINE OF LOT 3 OF A SURVEY KNOWN AS HOMESTEAD VILLAGE IN THE
SALT LAKE COUNTY RECORDERS OFFICE DATED 10-20-97 IN BOOK 97-10P PAGE 316; 5)S.89°38'00"W.
75.81 FEET TO THE EAST LINE OF A SURVEY KNOWN AS HIDDEN HOLLOW PROPERTY SURVEY,
FILED IN THE SALT LAKE COUNTY SURVEYORS OFFICE BY SALT LAKE CITY CORPORATION AS
#S01-04-0247 AND DATED APRIL 12, 2001; THENCE N.00°20'59"E. ALONG SAID EAST LINE TO AN
ANGLE POINT 0.04 FEET;THENCE N.00°08'55"W.ALONG SAID LINE 39.96 FEET; THENCE N.89°38'00"E.
75.84 FEET TO A POINT ON THE EAST LINE OF HOMSTEAD VILLAGE AND THE WEST LINE OF A
SURVEY KNOWN AS BECKSTRAND BUILDING, FILED IN THE SALT LAKE COUNTY SURVEYORS
OFFICE BY ENSIGN AS#S96-12-0595 AND DATED DECEMBER 16, 1996; THENCE N.89°38'00"E.
195.87 FEET TO THE WEST LINE OF 1300 EAST STREET; THENCE S.00°01'00"E. ALONG SAID
WEST LINE 54.87 FEET TO THE POINT OF BEGINNING.
CONTAINS 11,269 SQUARE FEET OR 0.26 ACRES MORE OR LESS
ar+'
L
Exhibit "C"
Park View Plaza Parcel #2
(5895915911E)R3 Tax Parcel#16-20-229-065
(589158 ICE 41 81')R:-
(589'58 Sri 41 81')RI
SBJ'SH SO F 41 81'(CI) A parcel of land being an entire tract located in the Northeast
SALT TOE C0.0 SAL,EARS COUNT, Quarter of Section 20,Township 1 South,Range 1 East,Salt
wENI G 2100 SOUTH STREET BRASS c u"MO ENT
IEOUND,"°"""° (TODND"° Lake Base and Meridian,said entire tract is described in that
--- - - 9 Special Warranty Deed recorded in Book 9362,Page 2552,
,,9, Salt Lake County Recorder's Office.The boundary of said
_ _--. --..--- ---- parcel of land is described as follows f „ Beginning at a point on the westerly right of way line of 1300
, East Street and the easterly boundary line of said entire
L of I tract,said point being S.00°01'23"E.366.731 feet from
CHEVRON INS GAR"ODSE the Northeast corner of Block 46,10 Acre Plat"A",Big Field
°1-02 0099 : Survey;thence southerly along said westerly right of way line
,,, D 1DD _ -_ -.- .__— w of 1300 East Street and easterly boundary line the following
two(2)courses:1)S.00°01'23"E.10.677 feet to the point
SCALE:f•=50 N „ of tangency with a 1,033.00 foot radius curve to the left;2)
HUM)iq AD vu LAG) \., --.-- S,N-,.,_0595 ' southerly 112.967 feet along the arc of said curve,(chord
9l,-10D-218
5. 120962 BET,85WAND aolwNE. bears S.03°09'21"E.112.91 feet)having a central angle
M1 of 6°15'57",to the southeasterly corner of said entire tract;
thence N.89°42'55"W.278.68 feet(Record=279.705 feet)
— - -- - — W along the southerly boundary line to the southwesterly comer
"
89"3eWTE N8910001'
"„°0e 55"39 9 ° 75, 195 81 of said entire tract;thence N.00°20'27"E.140.000 feet along
1 oLo9 LA'AL R: PROPOSED PARCEL 1
PROPOSED PARCEL _, , TSHr 1360, 1 - the westerly boundary line to the northwesterly corner of said
se.•2CODw 211.er R CIA9 . SB459.00-w' entire tract;thence easterly along the northerly boundary line of
• N00.2059'F 004 (See-]e'00"11 211.)e•)R1 _ 719,
,NoOzo 36 E)RI i, :1 ,P said entire tract the following four(4)courses:1)N.89°38'00"
HIDDEN HULLUN NATURE PARK .n PARCEL 2 :A. 7. """""'"" E.211.778 feet to a point of non-tangency with a 385.00 foot
,01-04-02: P,
radius curve to the right;2)easterly 11.222 feet along the arc
PARK V)EV PLAZA i
of said curve,bearing to radius point is S.13°12'29"W.(chord
S2004-12-09e2
bears S.75°57'25"E.11.22 feet)having a central angle of
1°40'12";3)N.89°50'42"E.3.922 feet to a point of non-tan-
- — I gency with a 386.314 foot radius curve to the right;4)easterly
P. 46.547 feet(measured 46.579 feet)along the arc of said curve,
— bearing to radius point is S.11°12'07"W.(chord bears S.
FOUND
BRA»CAP.,HEFT MONUMENT
1. A 75°20'38"E.46.55 feet)to a northeasterly corner of said entire
MEM AND LINE TABLE
0 12" a V 6 54,5' FOUND'L`DON CORNER A6 MOOED PARCEL 1 tract and westerly right of way line of 1300 East Street;thence
�, F=',8500 R=386 21' SET RFBAR AN U` TS MP UNLESS
=561 M.RI T 52 M+R1 ° S.00°01'23"E.4.831 feet along said easterly boundary line
E 1=11 21 1=06 SS OTNERIM9E`�O,EOTAN
32 89 50'4 .w N00 DS 39 W AR. IN and westerly right of way line to the point of beginning.
" "'"' '°°EI MONUMENT°NE I The above described parcel of land contains 38,329 square
-. MEASURED )
II RECORD OF 9URVE,,9,DDR-13-0994 feet in area,or 0.879 acre,more or less.
PARK R LOW PROPERTY"SURVEY RECORD a SURVE,4So1-O4-024,
3-HIDDEN TRANET HOLLOW RECORD DE s°""."'6-12-°„' (The Basis of Bearing is S.89°42'55"E.along the north right of
R. TEAD V11LASE PEAT ID-70-9,BOO"9,-IDP PAGE 316
Q C1-CAI DULATED
waHNGTDN AVENUE way line of Wilmington Avenue.)
f A-__— — — — -- - .. in -rL95 SOUTH/
Zn
SS r AP MONUMENT II
LEDI •,
SURVEYORS CERTIFICATE NARRAPV a
s SE TOI D NET w r _ A PARCEL OF LAND LOCATED IN THE NORTHEAST
-' Rnr Ai0l10 D,HEREBY CERTIFY 155010 PROFESSIONAL 'NURTHERc EST NCp J00ARIESCr"i"F° QUARTER OF SECTION 20,TOWNSHIP I SOUTH,
NoAD
E , if Ws 4E „ a+ 3,M a aN c —DESCRIBE,BELOW.`0 HAVE SUBDIVIDED SAID TRACT D,LAND INED LOTS STREETS AND EASEMENT, 10 CON Nola Ao9SND No TRAIL T"'"" .6 u.A I-m, _ _ RANGE I EAST SALT LAK BASE AND LERDIAN
�::':.t°.,.'1°.r.:':NOR Tat-aa.
s D BASIS B S AFORATHIS ESURAT1111W RECORD OF SURVEY --- _- 446 As NOTED
RRTrI.A""u Startle/COnSUltalnts)Nc. SUGARHOUSE PARK TRAIL PROJECT ---
w"E P;°VEF` NOR N IR PARCEL ,� -- 10F 1
,. \RAR,R TArtPL, DATE ""'" 893T 4U"vfST RI No RD4S10Ns O. APVD DATE "^,L - - --
EXHIBIT "D"
Legal Description of Landscape Easement
A landscape and maintenance easement being part of an entire tract located in Lot 10,
Block 46, Ten Acre Plat "A", Big Field Survey in the Northeast Quarter of Section 20,
Township 1 South, Range 1 East, Salt Lake Base and Meridian, said entire tract is
described in that Special Warranty Deed recorded in Book 9362, Page 2552, Salt Lake
County Recorder's Office. The boundary of said landscape and maintenance easement
is described as follows:
Beginning at the northwest corner of the Parkview Plaza II building, shown in an
ALTA/ACSM survey by Bush & Gudgell, Inc., dated June 04, 2004, in the Salt Lake
County Surveyor's Office, Filing # S2004-12-0992, which point is S. 00°01'23" E. 351.56
feet and S. 89°58'37" W. 46.39 feet from the northeast corner of said Lot 10, said point
is N. 89°58'50" W. 30.16 feet along the monument line of 2100 South Street and S.
00°01'23" E. 33.15 feet from the Salt Lake County monument (1 S1 E207A); thence S.
89°38'00" W. 225.37 feet along the northerly side of said building to the westerly
boundary line of said entire tract; thence N. 00°20'27" E. 15.00 feet along said westerly
boundary line to the northwesterly corner of said entire tract; thence along the northerly
boundary line of said entire tract the following three (3) courses: 1) N. 89°38"00" E.
211.78 feet (Record = 211.778 feet) to a point of non-tangency with a 385.00 foot radius
curve to the right; 2) easterly 11.22 feet (Record = 11.222 feet) along the arc of said
curve, bearing to radius point is S. 13°12'27" W. (chord bears S. 75°57'27" E. 11.22
feet), having a central angle of 01°40'11"; 3) N. 89°50'42" E. 2.61 feet; thence S.
00°01'23" W. 12.20 feet to the point of beginning.
The above described landscape and maintenance easement contains 3,358 square feet
in area, or 0.077 acre, more or less.
The basis of bearing is S. 89°58'50" E. along the monument line of 2100 South Street
between Douglas Avenue (1240 East Street) and 1300 East Street.
i'
Cf
Subordination and Consent of Lender [needed for all lenders of record]
The undersigned is the lender pursuant to the Loan Documents (as hereinafter defined). Lender
hereby consents to the attached Landscaping Agreement and Easement and agrees that the
Loan Documents are hereby subordinated to the Landscaping Agreement and Easement.
The "Loan Documents" are hereby defined as:
"LENDER":
WITNESSES:
a
By:
Name: Name:
Title:
Name:
,/:i .:._,
56
.eli01/10/11
AGREEMENT
This Agreement is between Salt Lake City Corporation,a Utah municipal corporation (the "City"),
Salt Lake County, a body corporate and politic of the State of Utah, (the "County"), Woodmen
Properties, L.C., a Utah limited liability company("Woodmen"),and Parley's Rails,Trails and Tunnels
Coalition, a Utah non-profit corporation ("PRATT") (individually"Party" or collectively"Parties").
RECITALS
A. The Parties have entered into that certain Parleys Trail Agreement (collectively referred
to herein together with exhibits thereto and documents referred therein as the "Trail Agreement")
dated the_day of , 2010, with Mecham Parkview Associates, L.L.C., a Utah limited liability
company, and Fong Parkview Associates, L.L.C., a Utah limited liability company(collectively"Parkview
Plaza"), wherein Parkview Plaza is to receive$210,000.00("Payment"), at the Closing defined therein, as
consideration for entering into the Trail Agreement. Capitalized terms used in this Agreement which are
not defined herein shall have the meaning set forth in the Trail Agreement.
B. The Parties desire to designate the respective obligations of each Party with respect to
providing the Payment.
AGREEMENT
In consideration of the premises and the covenants set forth herein, the Parties hereby agree to
the following:
1. County Obligations. Of the total Payment,the County shall pay Parkview Plaza
$97,389.00 at Closing. That payment is allocated $58,389 to the value of the Landscape Easement (net
of the value of the Access Easement received by Parkview Plaza), and $39,000 to the anticipated cost to
Parkview Plaza associated with creating a generator room, including loss of a parking space, for the
relocation of the generator which has been located on the Landscape Easement.As described in
Paragraph 2, the City will purchase the Draw Property from Woodmen.Thereafter, the City will convey
to the County a preservation easement in the Draw Property for which the County will pay the City
$275,000.00.
2. City Obligations. The City intends to enter into an Agreement to Purchase Real Property
with Woodmen pursuant to which it will pay to Woodmen$384,000.00("Purchase Price")for the fee
title to the Draw Property.
3. Woodmen Obligations. Woodmen shall be responsible to assure payment of
$102,611.00 to Parkview Plaza either directly or indirectly through application of Purchase Price
Proceeds pursuant to Paragraph 2 above, or by direction through an intermediary such as PRATT or
through affiliated entities.
4. PRATT Obligations. Of the total Payment, PRATT shall pay Parkview Plaza $10,000 at
Closing.
i^
5. Possible Payment to Parkview Plaza. At Closing, Woodmen may direct that any portion
of the Purchase Price be distributed to Parkview Plaza to be applied toward the Payment.
6. Other Obligations. In addition to the respective obligations regarding the Payment set
forth above, the Parties shall each perform all their respective obligations under the Trail Agreement,
and shall not offset any value attributable thereto against their respective obligations to contribute to
the Payment or any obligation they may have to any other Party.
7. Third Party Beneficiaries.There are no third party beneficiaries to this Agreement. Only
the parties hereto, or their assigns, are intended to benefit from and be entitled to enforce the terms of
this Agreement.
8. Default. In the event of default under this Agreement,the defaulting party shall pay all
reasonable costs and expenses, but not including attorneys' fees, incurred by the other in enforcing this
Agreement or in pursuing any remedy available at law or in equity.
9. Utah Law; Venue. This Agreement shall be construed under Utah law, and venue shall
be in Salt Lake County, Utah.
10. Entire Agreement. This Agreement,together with the Trail Agreement, constitutes the
entire agreement between the parties relative to the subject matter hereof, and supersedes all prior
agreements, arrangements, and understandings relating to the subject matter hereof, and also
supersedes any escrow instructions executed by the parties to the extent they do not expressly amend,
modify, supersede, or cancel, and are inconsistent with, any terms or provisions of this Agreement. No ' ►
agent or representative of the parties has any right to make any guarantees, warranties,or
representations except as herein contained. This Agreement may be altered, amended, superseded,or
revoked only by an instrument in writing signed by each party affected by such amendment, or, in the
case of a waiver, by the party waiving compliance.
11. Representation Regarding Ethical Standards For City And County Officers And Employees
And Former City And County Officers And Employees. Woodmen and PRATT each represents that it has
not: (1) provided an illegal gift or payoff to a City or County officer or employee or former City or County
officer or employee,or his 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 bona fide commercial selling agencies for the
purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's or
the County's conflict of interest ordinances, Chapter 2.44, Salt Lake City Code and any applicable
sections of the Salt Lake County Code; or(4) knowingly influenced, and hereby promises that it will not
knowingly influence, a City or County officer or employee or former City or County officer or employee
to breach any of the ethical standards set forth in City's or the County's conflict of interest ordinances,
Chapter 2.44, Salt Lake City Code and any applicable sections of the Salt Lake County Code.
Dated , 2010.
i' . ,.
SALT LAKE CITY CORPORATION
Mayor
ATTEST AND COUNTERSIGN: APPROVED AS TO FORM:
CITY RECORDER SENIOR CITY ATTORNEY
SALT LAKE COUNTY
Mayor or Designee
STATE OF UTAH )
ss.
County of Salt Lake )
On this day of , 2010, personally appeared before me
, who being duly sworn, did say that s/he is the
of Salt Lake County, Office of Mayor, and that the foregoing instrument
was signed on behalf of Salt Lake County,by authority of law.
Notary Public
[SEAL] Residing in Salt Lake County
WOODMEN PROPERTIES, L.C., a Utah limited liability company
By: Seven Syndicate, L.C.,a Utah limited liability company, Its Manager
By:
Jeffrey K. Woodbury, Manager
By:
O. Randall Woodbury, Manager
PARLEY'S RAILS, TRAILS AND TUNNELS COALITION, a Utah non-profit corporation
BY:
Its:
CITY COUNCIL PRIORITY: SUSTAINABILITY
MARCH 8,2011-INITIAL DISCUSSION
GOALS
In addition to what the Mayor's Administration is already advancing, the Council may want to
discuss various sustainability topics and review the status of those projects, or identify additional
topics for discussion or to have ordinances revised or drafted.
OBJECTIVES &ACTION STEPS
Electric vehicle charging
1. Objective: To expand the City's support infrastructure for electric vehicles.
2. Action Steps:
a. Review draft ordinance
b. Provide direction to Council staff
c. Identify schedule of next steps
Recycling Expansion & Incentives
1. Objective: Advance ways to encourage or require recycling from non-participating
sections of the population
2. Action Steps:
a. Identify Target audiences:
i. City Facilities/ Service providers: (i.e. Golf Courses, Parks, Airport,
etc.)
ii. Multi-Family complexes
iii. Restaurants
iv. Expansion in schools
v. Other businesses
b. Draft and consider ordinance amendments as requested.
1
•
4 •
Riparian Corridor Restoration & Projects
1. Objective: Be responsive to study findings and prioritize riparian protection.
2. Action Steps:
a. Request a briefing from the Department of Public Utilities on the project
recommendations identified in the Riparian Corridor Study.
b. Discuss other follow-up steps
i. Ordinance amendments
ii. Funding mechanisms
Use of Gray Water/ Secondary Water
1. Objective: Expand use of gray water/ secondary water through necessary
infrastructure and system improvements; establish policy on use and development of
gray water/ secondary water.
2. Action Steps:
a. Request a briefing from the Department of Public Utilities on existing
infrastructure and practices.
b. Discuss obstacles to expanding use.
c. Discuss citywide benefit of using this resource in limited areas based on cost-
benefit analysis.
d. Discuss other follow-up steps
i. Ordinance amendments
ii. Funding
Other Sustainability Projects
1. Interim update on Salt Lake City's carbon footprint plan status—Vicki Bennett
2. Request update from Rocky Mountain Power and Questar on the sustainability efforts
of these utilities and their collaboration on Salt Lake City's efforts.
3. Clean Air initiatives
a. Process ordinance as forwarded by the Administration
b. Complete Streets consultant— Council briefing and Public Workshop (March
22 & 23)
c. Other Traffic/Walkability projects
4. Street Lighting—coordinate with Administration to schedule the requested update on
the use of recent federal grant funding for energy efficient lighting (as discussed as its
own Council Priority)
2
5. Sustainability Code Amendments (in process through the Administration and
Council)
6. Other topics as identified by the Council
Follow-up Questions
a. Are there any items the City Council would like staff to focus on more than
others?
b. Are there other items not in the Objectives or Action Steps sections that the City
Council would like staff to research?
3
Outline of Expectations
Salt Lake City Council
Priority - Maximize Existing City
Resources
Goal: To assure that City resources are spent wisely,
protected properly and managed in the most efficient way
possible by:
• collaborating with the Administration,
• reducing duplication of efforts,
• clarifying and updating ordinances,
• investing in resources to make City processes more
efficient, and effectively exercising the Council's
oversight role.
Date of Initiative 2011 Retreat
Expected On-going
Completion
Project Team Karen Halladay-Lead,Jennifer Bruno,Quin Card,Neil Lindberg,Sylvia
Richards,Lehua Weaver
Resources 1. Collaboration with Administrative Staff and,
Needed 2. Budget appropriations,as identified by project.
A. Consolidate all City fees into one schedule before the budget process
in order to save approximately 100 hours in staff time(citywide)and
over 10 cases of paper.
Suggested B. Update business license ordinances prior to consideration of the
Prioritization of small business neighborhood zoning issue to assure that
Action Steps enforcement is effective.
C. Support efforts to evaluate and update the City's Financial
Management software.
This Council priority will include much more detail about potential projects,
options, and ways to work collaboratively with the Administration. The Council
staff is working with the Administration to review that detail and prepare it for the
Council's review. Staff will bring the more comprehensive document to the
Council as soon as it is ready.
Page I 1
Prepared for March 8,2011 Work Session
Council Priority Items ("Umbrellas")
Items confirmed at the Jan.2011 retreat.
V
0 • Council Communication Efforts: Council Website in progress;Council interviews for Channel 17;Weeklies;
a6 weekly Council meeting reports;
oa)
y 03 • Public Engagement: Increased contact with community and stakeholders through mailing lists and listsery emails
y to provide notifications/updates on topics,requests for comment,notification of meeting
y00p LWWWy times,etc.
I
IV CV • Small Neighborhood business zones, location of alcohol establishments: waiting for transmittal
0 , • Parley's Historic Nature Park: Walking tours scheduled for end of January with the Mayor
0 ,...1 • : Council staff putting recommended edits into document in revision format for
44.4 Council review
0 • New Libraries: Library progress,and Council involvement,needs additional community input
01.
^ • Conditional Use text amendments: Council staff to revise the Administration's proposal
• Pan-handling: Council closed hearing and direction needed for further work
^h: • Demolition Ordinance: Needs Council review of changes to the ordinance,then community input needed
•� • Resident donations for Quality of Life projects: Council staff prepared to draft ordinance,further
ZV'• discussion from Council needed.
•F.• • 10-year CIP Plan: Administration working with consultant to do updates
.r.I • Impact Fee Study: Administration working with consultant to do updates
1 • North Temple: Construction moving forward,budget steps in progress
U '8 • Regional Sports Complex: Pending litigation
• Public Safety Building: Planning/design moving forward,budget steps in progress
• Open Space Policy: Pending information from the Administration on Golf projects
•r-k Emergency Preparation - Budget ordinances / practices, Work Plan: Council staff preparing work plan,
discussions with Administration on budget pieces
vt • City's Benefits Plan deficit
Pa+ • Council Oversight & Internal Controls
4 o • Street Cars / Trolleys: Planning,budgeting,staffing in progress •
•P/
e • Bicycle & Transportation projects:
. • Traffic Calming - including speed limits, stop signs, pedestrian safety: policy discussion held with •
pi Administration,further discussion needed on next steps and action items
4 0 • Sidewalk snow removal: COMPLETE
1 a • Electric vehicles: Council staff prepared to draft revisions to the Administration's proposal in order to complete
xtr the intent of the Council's Legislative Action
{ • Ground Transportation: NEARLY COMPLETE
al tt
• Concrete / Sidewalk standards:Council staff working with Administration on audit scope
Printed Feb.3,2011
Project updates as of January 20,2011
4- 1
1. Electric Vehicle Charging Station Ordinance
The Administration in November transmitted a proposed ordinance to amend
City Code sections 12.56.205 and 12.56.550. Adopting the amendments
would authorize the City to allow electric vehicle charging stations to be part
of a public parking space and electric vehicle drivers to park in the parking
space for free to charge their vehicles with electricity. The City may set
specific time limits a person could park in the stall while charging a vehicle.
It should be noted that the Administration appears to have installed five 120-
volt, 20- ampere electric vehicle charging stations (The Salt Lake Tribune,
February 7 and 9) at the following locations:
• The Salt Lake City Main Library Parking Garage
• 50 East 300 South Street
• 135 South Main Street
• Forest Dale Golf Course
• Liberty Park
The City Council on April 21, 2009, unanimously adopted a Legislative Action
Item of two parts:
Part I included a request that the City Council ask the Administration to:
• Identify the location of available electric plug-in charging stations and
include those locations on the alternative fueling stations database on
the City website.
• Look at the use of small grants/incentives to encourage business owners
and or public entities to install electric outlets and signage for reserved
parking available for electric vehicle use.
• Investigate the possibility of incorporating plug in and/or pay per use
systems when purchasing credit card reading parking meters.
Part II included a proposal to write an ordinance that would amend the City's 4444,
parking standards to include the following items:
• Requirement of electrical charging stations in all new parking lots
meeting minimum size requirements to be determined through research.
• Requirement to implement the U.S. Green Building Council LEED
standards for parking into our parking ordinance including:
o Providing a minimum number of parking spaces for
carpool/vanpool parking,
o Providing a minimum number of parking spaces for alternative
fuel vehicles, including refueling/recharging capabilities where
feasible,
o Provisions for bicycle/scooter parking that count toward parking
requirements for commercial and mixed-use city wide.
City Council staff has begun work on the proposed ordinance forwarded by
the Administration as well as the Legislative Action Item. To clarify for staff
the City Council's approach to the ordinance forwarded by the Administration
for consideration:
• Would the City Council like staff to prepare additional amendments
or ordinances reflecting the goals adopted by the City Council in
2009?
• Would additional amendments include amendments to the section
in City Code Chapter 21A pertaining to off-street parking?
• Would the City Council prefer to request that the Administration
include the items listed above in one of the sustainability
ordinances being advanced to the Council?
As part of its work City Council staff plans to obtain current standards for
electrical charging stations and to contact owners of electric vehicles for
comment on any version of proposed ordinances pertaining to electric or
alternative fuel vehicles.