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08/09/2011 - Work Session - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, AUGUST 9, 2011 The City Council met in Work Session on Tuesday, August 9, 2011, at 5 : 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, Luke Garrott and Soren Simonsen. Absent: Councilmember Stan Penfold. Also In Attendance: Cindy Gust-Jenson, Executive Council Director; Mayor Ralph Becker; Jennifer Bruno, Council Deputy Director; Edwin Rutan, City Attorney; David Everitt, Mayor' s Chief of Staff; Karen Halladay, Council Policy Analyst; Brady Wheeler, Council Staff; Nick Tarbet, Council Policy Analyst/Constituent Liaison; LuAnn Clark, Housing and Neighborhood Development Director; Daniel Mule, City Treasurer; Dale Okerlund, City' s Financial Advisor; Dan Velazques, Small Business Economic Development Manager; Bob Farrington, Economic Development Director; Nick Norris, Planning Manager; Lex Traughber, Senior Planner; JR Howa, Howa Capital Vice President; Scott Beck, Convention and Visitors Bureau President; and Scott Crandall, Deputy City Recorder. Councilmember Love presided at and conducted the meeting. The meeting was called to order at 5 :22 p.m. AGENDA ITEMS #1. 8:02:27 PM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE 5 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 11 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, AUGUST 9, 2011 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 . Councilmember Christensen moved and Councilmember Garrott seconded to enter into Closed Session to discuss property acquisition for reasons stated on the agenda. A roll call vote was taken. Council Members Christensen, Turner, Martin, Love, Garrott and Simonsen voted aye. Councilmember Penfold was absent . See file M 11- 2 for Sworn Statement and recording. #2 . 5:22:33 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. View Attachments See File M 11-5 for announcements. #3. 5:27:54PM RECEIVE A BRIEFING REGARDING A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT MORE THAN $5, 500, 000 FACILITY REVENUE BONDS, SERIES 2011 (COOKIETREE, INC. PROJECT) . PURSUANT TO THE RESOLUTION, THE CITY WILL LEND THE PROCEEDS OF THE BONDS TO COOKIETREE, INC. (THE "OWNER") FOR THE PURPOSE OF FINANCING THE COSTS OF THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, EQUIPPING AND FURNISHING OF AN APPROXIMATELY 95, 000 SQUARE-FOOT MANUFACTURING FACILITY TO BE LOCATED AT APPROXIMATELY 4010 WEST ADVANTAGE CIRCLE, SALT LAKE CITY, UTAH, TO BE OWNED AND USED BY THE OWNER AS A MANUFACTURING FACILITY FOR THE PRODUCTION OF BAKED GOODS. (ITEM G-1) View Attachments Daniel Mule, Jennifer Bruno and Dan Velazques briefed the Council with the attached handouts. #4 . 5:32:09 PM RECEIVE A BRIEFING REGARDING A REQUEST TO REZONE PROPERTY LOCATED BETWEEN 519 AND 575 NORTH 300 WEST FROM RESIDENTIAL MIXED USE (R-MU) TO COMMERCIAL BUSINESS (CB) . THIS ACTION WOULD ALLOW OFFICE USES AND A COFFEE SHOP WITH A DRIVE-THRU WINDOW TO BE LOCATED IN THE EXISTING BUILDING. THE USES ARE NOT PERMITTED IN THE RESIDENTIAL MIXED USE ZONING DISTRICT. RELATED PROVISIONS OF TITLE 21A - ZONING MAY ALSO BE AMENDED AS PART OF THIS PETITION. (PETITIONER - HOWA CAPITAL, LLC, PETITION PLNPCM2011-000096) (MARMALADE WEST) View Attachments Nick Norris and JR Howa briefed the Council with the attached handouts. Councilmember Martin asked the petitioner to provide signage/education advising customers to avoid idling vehicles in the 11 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, AUGUST 9, 2011 drive-through. Councilmember Love said the proposal would be forwarded to a formal meeting for a public hearing. #5. 5:45:10 PM RECEIVE A BRIEFING REGARDING PROPOSED CHANGES TO THE CITY'S ZONING REGULATIONS FOR WIRELESS TELECOMMUNICATIONS ANTENNAS, FACILITIES AND EQUIPMENT. CHANGES INCLUDE - ENCOURAGE CO-LOCATION, CLARIFY SCREENING REQUIREMENTS, INCLUDE STEALTH ANTENNAS AS PERMITTED USE AND PROVIDE A DEFINITION, CLARIFY ELECTRICAL EQUIPMENT LOCATION, REFINE AREA LIMITS FOR WALL/ROOF MOUNTED ANTENNAS, REMOVE CONDITIONAL USE REQUIREMENT FOR CERTAIN ANTENNAS, ELIMINATE PERFORMANCE BOND REQUIREMENT FOR ABANDONED FACILITIES AND REMOVE UTILITY POLE HEIGHT - RESTRICTION. RELATED PROVISIONS OF TITLE 21A - ZONING MAY ALSO BE AMENDED AS PART OF THIS PETITION. (PETITIONER - MAYOR RALPH BECKER, PETITION PLNPCM2010-0045) View Attachments Nick Norris, Nick Tarbet and Lex Traughber briefed the Council with the attached handouts. Councilmember Love said the proposal would be forwarded for future action. #6. 5:49:54 PM RECEIVE A BRIEFING REGARDING A RESOLUTION ADOPTING THE RESTORATION, USE AND MANAGEMENT PLAN FOR WASATCH HOLLOW OPEN SPACE. THE GOAL OF THE PLAN IS TO PROTECT NATIVE VEGETATION, WATER QUALITY, AND AQUATIC AND TERRESTRIAL WILDLIFE HABITAT OF EMIGRATION CREEK WHILE PROVIDING APPROPRIATE ACCESS AND EDUCATIONAL OPPORTUNITIES FOR THE PUBLIC. View Attachments Councilmember Love said this item was being pulled but briefing and hearing dates needed to be scheduled so advertising could be started. #7. 5:51:02 PM RECEIVE A BRIEFING REGARDING AN INTERLOCAL AGREEMENT WITH SALT LAKE COUNTY FOR A CONVENTION HOTEL CONSULTANT TO DEVELOP A REQUEST FOR PROPOSAL FOR A CONVENTION CENTER HOTEL IN DOWNTOWN SALT LAKE CITY. View Attachments Bob Farrington, Scott Beck and Jennifer Bruno briefed the Council with a PowerPoint presentation and attached handouts. Discussion was held on the following issues : how to compensate consultants to ensure any information they produced was objective, provisions of the interlocal agreement and potential impacts on existing hotel providers . Councilmember Martin requested feedback on participation/input of the Central Business Improvement District Advisory Board, the Restaurant Association and other stakeholders . Mr. Farrington said 11 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, AUGUST 9, 2011 those groups had been involved in the past and he would establish a process for their continued participation. Councilmember Love asked Council Members to provide staff with questions/feedback over the next two weeks . She said individual meetings with the Administration could also be scheduled to address Council Members questions/concerns . She asked the Administration to review/discuss potential approaches on ways to compensate consultants and involve the business community and other shareholders in the process . She asked Council Members to contact Ms. Bruno with specific language they might want to include in potential motions . #8. 7:46:03PM DISCUSS A POTENTIAL REDISTRICTING MAP PROPOSAL THAT COULD BE SUBMITTED TO THE STATE OF UTAH REDISTRICTING COMMITTEE AS THE OFFICIAL RECOMMENDATION FROM THE SALT LAKE CITY COUNCIL. AT A RECENT PUBLIC MEETING, THE STATE REDISTRICTING COMMITTEE INVITED THE SALT LAKE CITY COUNCIL, ALONG WITH THE PUBLIC, TO SUBMIT MAP PROPOSALS FOR THE COMMITTEE'S CONSIDERATION. U.S. CONGRESSIONAL AND UTAH HOUSE, SENATE, AND STATE BOARD OF EDUCATION REDISTRICTING PLANS SUBMITTED ARE EXPECTED TO BE REVIEWED BY THE STATE'S REDISTRICTING COMMITTEE ON AUGUST 19TH. View Attachments Brady Wheeler, Karen Halladay and Mayor Becker briefed the Council with a PowerPoint presentation and the attached handouts . Mr. Wheeler said two options were prepared for Council consideration. Councilmember Love said the Legislative Re-districting Committee asked the City to submit a map to them by August 19, 2011. Discussion was held on the two options. Mayor Becker suggested submitting a map to the Legislature and request they work with individual communities to adopt something which established sensible boundaries. A majority of the Council was in favor. Councilmember Love said regarding the Senate map, the Council decided to just make a statement supporting the Ben McAdam' s proposal . Ms . Halladay said staff would prepare potential statements by next week and send them out for everyone' s consideration and approval . Councilmember Christensen said a request was made for the City to provide a map to the Legislature outlining Community Council boundaries . Discussion was held on allowing more leeway on boundaries . A majority of the Council was in favor of including that concern in the statement being prepared by staff. 11 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, AUGUST 9, 2011 #9. RECEIVE A FOLLOW-UP BRIEFING REGARDING THE MAYOR'S RECOMMENDED BUDGET RELATING TO THE CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FISCAL YEAR 2011-2012 . CAPITAL IMPROVEMENTS INVOLVE THE CONSTRUCTION, PURCHASE OR RENOVATION OF BUILDINGS, PARKS, STREETS OR OTHER PHYSICAL STRUCTURES. GENERALLY, PROJECTS HAVE A USEFUL LIFE OF FIVE OR MORE YEARS AND COST $50, 000 OR MORE. View Attachments Item was pulled. #10. INTERVIEW STEPHANIE JENSEN PRIOR TO HER APPOINTMENT TO THE HOUSING TRUST FUND BOARD. (ITEM H-4) Item was pulled. #11. INTERVIEW CASEY O'BRIEN MCDONOUGH PRIOR TO HIS APPOINTMENT TO THE BUSINESS ADVISORY BOARD. (ITEM H-5) Item was pulled. The meeting adjourned at 8 :25 p.m. 1/(C9._ COUNCIL `/ HAIR 0. r,,; s•SA + �s� ; 1� RECORDE < Ot * jr This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held August 9, 2011 . sc 11 - 5 Salt Lake City Council �• ;, '''l City&County Building t +;'+: 451 South State Street ' �7.1t c T_ II P.O.Box 145476 t{m; G7} Salt Lake City,Utah 84114-5476 +r'"/' (801)535-7600 "' CITY COUNCIL MEETING AGENDA ADDENDUM Tuesday,August 9,2011 3:30 p.m.Work Session or immediately following the 2:00 p.m.Redevelopment Agency Meeting(the public is invited to listen to the discussion) 7:00 p.m.Formal Meeting(public comment section is included) A. WORK SESSION:Approximately 3:30 p.m.in Room 326,City&County Building,451 South State St. (Agenda items scheduled during the Council's formal meeting may be discussed during the work session.Items from the following list that Council is unable to complete in the work session from approximately 3:30 p.m.—6:30 p.m.may be addressed in a work session setting following the consent agenda.) 1. (TENTATIVE)The Council will 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; c)For attorney-client matters that are privileged,pursuant to Utah Code§78B-I-137;and f)A strategy session to discuss deployment of security personnel,devices or systems pursuant to Utah Code Section 52-4-205(1)(f). 2. Report of the Executive Director,including a review of Council information items and announcements. CONTINUED ON NEXT PAGE Salt Lake City Council Agenda Tuesday,August 9,2011 3. The Council will receive a briefing regarding a resolution authorizing the issuance and sale of Wa., not more than $5,500,000 Facility Revenue Bonds, Series 2011 (Cookietree, Inc. Project). Pursuant to the Resolution,the City will lend the proceeds of the Bonds to Cookietree,Inc. (the "Owner")for the purpose of financing the costs of the acquisition, construction, improvement, equipping and furnishing of an approximately 95,000 square-foot manufacturing facility to be located at approximately 4010 West Advantage Circle, Salt Lake City,Utah, to be owned and used by the Owner as a manufacturing facility for the production of baked goods. (Item G 1) 4. The Council will receive a briefing regarding a request to rezone property located between 519 and 575 North 300 West from Residential Mixed Use(R-MU)to Commercial Business(CB). This action would allow office uses and a coffee shop with a drive-thru window to be located in the existing building. The uses are not permitted in the Residential Mixed Use zoning district. Related provisions of Title 21A—Zoning may also be amended as part of this petition. (Petitioner—Howa Capital,LLC,Petition PLNPCM2011-000096) (Marmalade West) 5. The Council will receive a briefing regarding proposed changes to the City's zoning regulations for wireless telecommunications antennas, facilities and equipment. Changes include- encourage co-location, clarify screening requirements, include stealth antennas as permitted use and provide a definition, clarify electrical equipment location,refine area limits for wall/roof mounted antennas,remove conditional use requirement for certain antennas, eliminate performance bond requirement for abandoned facilities and remove utility pole height restriction. Related provisions of Title 21A—Zoning may also be amended as part of this petition. (Petitioner-Mayor Ralph Becker,Petition PLNPCM2010-0045) 6. The Council will receive a briefing regarding a resolution adopting the Restoration, Use and Management Plan for Wasatch Hollow Open Space. The goal of the plan is to protect native vegetation, water quality, and aquatic and terrestrial wildlife habitat of Emigration Creek while providing appropriate access and educational opportunities for the public. 7. The Council will receive a briefing regarding an Interlocal Agreement with Salt Lake County for a Convention Hotel Consultant to develop a Request for Proposal for a Convention Center Hotel in downtown Salt Lake City. 8. The Council will discuss a potential redistricting map proposal that could be submitted to the State of Utah Redistricting Committee as the official recommendation from the Salt Lake City Council. At a recent public meeting,the State Redistricting Committee invited the Salt Lake City Council, along with the public,to submit map proposals for the Committee's consideration. U.S. Congressional and Utah House, Senate, and State Board of Education redistricting plans submitted are expected to be reviewed by the State's Redistricting Committee on August 19th. 9. The Council will receive a follow-up briefing regarding the Mayor's recommended budget relating to the Capital Improvement Program(CIP)for Fiscal Year 2011-2012. Capital improvements involve the construction, purchase or renovation of buildings,parks, streets or other physical structures. Generally, projects have a useful life of five or more years and cost $50,000 or more. 2 Salt Lake City Council Agenda Tuesday,August 9,2011 10. (TIME APPROXIMATE 6:10 P.M.)The Council will interview Stephanie Jensen prior to her appointment to the Housing Trust Fund Board.(Item H4) 11. (TIME APPROXIMATE 6:20 P.M.)The Council will interview Casey O'Brien McDonough prior to his appointment to the Business Advisory Board.(Item H5) FORMAL MEETING B. OPENING CEREMONY:7:00 p.m.in Room 315,City&County Building,451 South State St. Council Chair Jill Love will conduct the Formal Council Meeting. 1. Pledge of Allegiance. 2. The Council will approve the meeting minutes of July 19,2011. C. PUBLIC HEARINGS: 1. Ordinances:Truth-in-Taxation Hearing to adopt and ratify the rate of tax levy,for all City funds including the Library Fund,upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2011-2012 Accept public comment and consider one or more ordinances adopting and ratifying the rate of tax levy,for all City funds including the Library Fund,greater than the Certified Tax Rate,upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2011-12. (Included are two one-time,one-year property tax increases that will not be reflected on bills for tax year 2012,and a separate proposal to enact a property tax increase to fund the construction of the new Marmalade Library Branch.)(See Items Dl—D4) (H 11-3) Staff recommendation: Close and consider options. 2. Ordinance:Accessory Structure Rear Yard Setback Zoning Regulations Accept public comment and consider adopting an ordinance amending the City's zoning regulations to remove the maximum 5 ft.rear yard setback requirement for accessory structures in Residential zoning districts.-Salt Lake City Code,Title 21A Zoning,Section 21A.40.050.A- Location Of Accessory Buildings In Required Yards-(Currently'accessory structures'like garages,gazebos and covered patios must be placed within 5 feet of the rear property line.The ordinance change would allow these structures to be placed in other areas of the lots.For example,a gazebo or covered patio could be placed in the center of a backyard under the new ordinance.) Related provisions of Title 21A—Zoning may also be amended as part of this petition.(Petitioner-Mayor Ralph Becker,Petition PLNPCM2010-000782) (O 11-17) Staff Recommendation: Close and consider options. 3 Salt Lake City Council Agenda Tuesday,August 9,2011 ..w D. POTENTIAL ACTION ITEMS: 1.Ordinance:Adopt the final rate of tax levy to be credited to the Library Fund for Fiscal Year 2011-2012 Consider an ordinance adopting the final rate of tax levy to be credited to the Library Fund for Fiscal Year 2011-2012. (B 11-2) Staff recommendation: Consider options. 2.Ordinance:Adopt the final rate of tax levy,including the Library Fund,upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2011-2012 Consider an ordinance adopting the final rate of tax levy,including the levy for the Library Fund,upon all real and personal property within Salt Lake City,made taxable by law for Fiscal Year 2011-2012. (B 11-1) Staff recommendation: Consider options. 3.Ordinance:Adopt the final budget for the Library Fund of Salt Lake City for Fiscal Year 2011-2012 Consider an ordinance adopting the final budget for the Library Fund of Salt Lake City, Utah for Fiscal Year 2011-2012. (B 11-2) Staff recommendation: Consider options. 4.Ordinance:Adopt the final City budget,excluding the budget for the Library Fund,and the employment staffing document of Salt Lake City for Fiscal Year 2011-2012 Consider an ordinance adopting the final City budget,excluding the budget for the Library Fund which is separately adopted,and the employment staffing document of Salt Lake City, Utah for Fiscal Year 2011-2012. (B 11-1) Staff recommendation: Consider options. E. COMMENTS: 1.Questions to the Mayor from the City Council. 2.Comments to the City Council.(Comments are taken on any item not scheduled for a public hearing,as well as on any other City business.Comments are limited to two minutes.) F. NEW BUSINESS: (None) ..n 4 Salt Lake City Council Agenda Tuesday,August 9,2011 G. UNFINISHED BUSINESS: 1. Approve and Set Date:Resolution: Facility Revenue Bonds,Series 2011(Cookietree,Inc. Project) Consider adopting a resolution(a)authorizing the issuance and sale of not more than$5,500,000 aggregate principal amount of Facility Revenue Bonds,Series 2011(Cookietree,Inc.Project)to finance the costs of the acquisition,construction and improvement of facilities for Cookietree, Inc.;(b)providing for the holding of a public hearing to accept public comment on the issuance of such bonds and the location and nature of the project;(c)providing for the publication of a Notice of Bonds to be Issued and a Notice of Public Hearing;(d)providing for the running of a contest period;and(e)providing for related matters. (Q 11-4) Staff recommendation: Adopt inducement resolution and set the public hearing date of September 6,2011 at 7:00 p.m. H. CONSENT: 1. Set Date:Ordinance:East Bench Community Master Plan Amendment and Zoning Map Amendment(Wahl-art). Set the date of Tuesday,August 23,2011 at 7:00 p.m.to accept public comment and consider adopting an ordinance to rezone property located at 2705 East Parleys Way from Community Business(CB)to Community Shopping(CS)and change the East Bench Community Master Plan Future Land Use Map to be consistent with the proposed rezoning.This action would facilitate demolition of the existing structure on the property(a former Kmart store)and construction of a new Walmart Supercenter.Related provisions of Title 21A—Zoning may also be amended as part of this petition.Petitioner-Ballard Spahr LLP representing Walmart Stores,Inc.(Petitions PLNPCM 2010-00556&PLNPCM 2010-00557) (P 11-8) Staff Recommendation: Approve. 2. Confirm Date:Ordinance:Rezoning property located between 519 and 575 North 300 West from Residential Mixed Use(R-MU)to Commercial Business(CB) Confirm the date of Tuesday,August 23,2011 at 7:00 p.m.to accept public comment and consider adopting a request to rezone property located between 519 and 575 North 300 West from Residential Mixed Use(R-MU)to Commercial Business(CB). This action would allow office uses and a coffee shop with a drive-thru window to be located in the existing building.These uses are not permitted in the Residential Mixed Use zoning district.Related provisions of Title 21A— Zoning may also be amended as part of this petition.(Petitioner—Howa Capital,LLC,Petition PLNPCM20 1 1-000096)(Marmalade West) (P 11-9) Staff Recommendation: Approve. 5 • Salt Lake City Council Agenda Tuesday,August 9,2011 .ter 3.Resolution:Grant Application,Utah Quality Growth Commission Adopt a resolution authorizing Salt Lake City to apply for a Grant Award from the Utah Quality Growth Commission LeRay McAllister Critical Lands Conservation Fund 2011. This resolution supports the application for the City to receive LeRay McAllister Critical Lands Conservation Funds for the purpose of designing the Wasatch Hollow Open Space Restoration Program.The Parks and Public Lands Program is seeking a grant from the LeRay McAllister Critical Lands Conservation Fund to leverage an equal amount of City Funding needed to design construction documents for riparian restoration work within the Wasatch Hollow Open Space area. (R 11-10) Staff Recommendation: Adopt. 4. Board Appointment:Stephanie Jensen,Housing Trust Fund Advisory Board. Consider approving the appointment of Stephanie Jensen to the Housing Trust Fund Advisory Board for a term extending through December 30,2012. (I 11-5) Staff Recommendation: Approve. 5. Board Appointment:Casey O'Brien McDonough,Business Advisory Board Consider approving the appointment of Casey O'Brien McDonough to the Business Advisory Board for a term extending through December 29,2014. Amok (I 11-13) Staff Recommendation: Approve. 6.Board Reappointment:Polly Hart,Historic Landmark Commission Consider approving the reappointment of Polly Hart to the Historic Landmark Commission for a term extending through July 14,2014. (I 11-8) Staff Recommendation: Approve. 7.Board Reappointment:Earle Bevins III,Historic Landmark Commission Consider approving the reappointment of Earle Bevins III to the Historic Landmark Commission for a term extending through July 14,2014. (I 11-8) Staff Recommendation: Approve. 6 Salt Lake City Council Agenda Tuesday,August 9,2011 I. ADJOURNMENT: Dated: August 4, 2011 By. rder STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) On or before 5:00 p.m. on August 4, 2011,I also personally(1)posted a copy of the foregoing on the Utah Public Notice Website created under Utah Code Section 63F-1-701, and (2)provided a copy of the foregoing to The Salt Lake Tribune or the Deseret News and to a local media correspondent. Recor er Subscribed and sworn to before me this 4th day of August, 2011. ota ublic residing in the State of Utah : JANYCE FOWLES NOTARYy PUBLIC. •ZTATE OF20M uTAH `°r''' ° M Comm Exp.09/08/ Commission#602287 Approval: S for Policy Analys)tr2'-(' 24144*-(' Access agendas at http://www.slcgov.com/council/agendas/default.htm. People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance of council meetings. We make every effort to honor these requests, and they should be made as early as possible. Accommodations may include alternate formats, interpreters, and other auxiliary aids. The City and County Building is an accessible facility. For questions or additional information, please contact the City Council Office at 535-7600, or TDD 535-6021.Assistive listening devices are available on Channel I; upon four hours advance notice. Please allow 72 hours advance notice for sign language interpreters; large type and#2 Braille agendas. *Final action may be taken and/or adopted concerning any item on this agenda.After 5:00 p.m., please enter the City&County Building through the east entrance. Accessible route is located on the east side of the building. In accordance with State Statute, City Ordinance and Council Policy, one or more Council Members may be connected via speakerphone. 7 SCANNED TO: hti`ti11 [[��11 �1 �' 1 ��,yy9�'..��, SCANNE E37. ). FRANK B. GRAY "..AjI,.,_� '�' �i,�VJV 1P��1IOt N( DATE: �7 2 d `"k���'r RALPH BER DIRECTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MAYOR Y DE LA MARE-SCHAEFER OFFICE OF THE DIRECTOR iR.iEcfi'\T' ) �DDEPUTY DIRECTORJ 1-� ROBERT FARRINGTON, JR. JUL 21 2001 DEPUTY DIRECTOR CITY COUNCIL TRANSMITTAL J Salt Lake CI Mayorveri t, C ief f taff R EC E N E D Date Received: 0.7e2 I Al 2011 David SLC CI �trt0. ity Council: 0"? f 22I1 e TO: Salt Lake City Council DATE: July 19, 2011 Jill Remington-Love, Chair FROM: Frank Gray, Community & Economic Development Department Direc or SUBJECT: Quarterly Housing Report for Fiscal ' -. : 0-2011, Fourth Quarter STAFF CONTACT: LuAnn Clark, Director of Housing and Neighborhood Development, at 801-535-6131 or luann.clark@slcgov.com ACTION REQUIRED: None DOCUMENT TYPE: Briefing BUDGET IMPACT: None DISCUSSION: Issue Origin: The City Council has requested a quarterly housing report from the Community and Economic Development Department. Analysis: The following information is included in the report. • Loans to First-Time Homebuyers, Rehabilitation Projects, Funding Sources and Outreach/Marketing Efforts • Housing Starts, Additions, Remodels and Repairs • Boarded Building Activity and Closed/Boarded Houses/Apartments by Council District • Housing Trust Fund Ledger • Subdivision Housing Report • Community Development Corporation CDBG and HOME Reports • NeighborWorks Salt Lake CDBG and HOME Reports • Economic Update 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TELEPHONE: 801-535.6230 FAX: 801-535-6005 WWW.SLCGOV.COM/CED ► Rccvcieo cvew TABLE OF CONTENTS Attachment A: Loans to First-Time Homebuyers,Rehabilitation Projects,Funding Sources and Outreach/Marketing Efforts Attachment B: Housing Starts,Additions,Remodels and Repairs Attachment C: Boarded Building Activity and Closed/Boarded Houses/Apartments by Council District Attachment D: Housing Trust Fund Ledger Attachment E: Subdivision Housing Report Attachment F: Community Development Corporation CDBG and HOME Reports Attachment G: NeighborWorks Salt Lake CDBG and HOME Reports Attachment I I: Economic Update HOUSING AND NEIGHBORHOOD DEVELOPMENT HOUSING PROGRAMS REPORT FISCAL YEAR 2010-2011 QUARTER 4 (April 1,2011—June 30,2011) The Housing and Neighborhood Development Division's funding sources include the Community Development Block Grant Program(CDBG),the HOME Program,and Program Income from CDBG,HOME, Renter Rehab,the Housing Trust Fund,and Utah State Funding. Private Funding Sources include Wells Fargo Bank,GMAC and American Express. The First Time Homebuyer Program,which uses HOME,CDBG,and private funding sources,has placed 375 families in properties. This fiscal year thirteen First Time Home Buyer homes have been purchased and rehabilitated and two have been newly constructed. At the end of the quarter,three First Time Home Buyer homes were in the process of rehabilitation,two were available for sale,and one home had a buyer in the loan approval process. First Time Home Buyer Loans Fiscal YTD 4°i Quarter Loans Closed 15 8 Dollar Amount S2,367,926.00 $1,159,286.00 Average Per Loan S157,861.73 S144,910.00 The Housing Rehabilitation Program has completed 104 projects during the fiscal year including 11)1 single family units and 10 multi-family units for a total of 111 units. During the fourth quarter,25 projects including 32 units were closed. Single Family Rehabilitation Projects Fiscal YTD 41 Quarter Loans Closed 101 22 Dollar Amount $918,336.00 S210,382.00 H Change Orders $39,940.00 S625.00 Average Per Loan S9,487.88 S9,56).82 Number of Units 101 22 Average Per Unit $9,487.88 S9,562.82 Multi-Family Rehabilitation Projects Fiscal YTD 4th Quarter Number of Projects 3 3 Dollar Amount $13,787.00 $13,787.00 Average Per Loan $4,595.67 $4,595.67 Number of Units 10 10 Average Per Unit $1,378.70 $1,378.70 Housing Program Funding Sources FUNDING SOURCES Fiscal YTD %OF 4th Quarter %OF 07/01/10—6/30/11 FUNDS 4/01/11—6/30/11 FUNDS Community Development Block Grant $ 694,295.00 20.8% $ 4,450.00 0.3% Rental Rehab Funds $ 11,447.00 0.3% $ 1,297.00 0.1% Personal Contributions S 292,637.00 8.8% $ 59,882.00 4.3% Private Funding Sources S 648,121.00 19.4% $ 0.00 0.0% Home S 1,683,504.00 50.4% t $ 1,318,451.00 95.3% River Park Funds j S 0.00 I 0.0% $ 0.00 0.0% Other Funds S 9,985.00 0.3% $ 0.00 0.0;isk, TOTAL S 3,339,989.00 100"/o S 1,384,080.00 100 i" Outreach and Marketing Efforts ELAND is continuing its outreach efforts. It has mailed 18,000 brochures and letters during this fiscal year. In addition,HAND has created television commercials that are running on the City's cable channel and on Univision. HAND is also advertising its first time home buyer homes on Craig's List and KSL.Com. HAND also participated in an event sponsored by the Salt Lake County Lead program. HAND is also working with Salt Lake County,Rocky Mountain Power and Questar to upgrade the efficiency of its rehab projects and has revised its rehab specifications to include materials that will qualify for the rebates that are currently available. HAND will continue to meet with these partners and implement new ideas and products that can enhance the energy efficiency of its projects. „^ re r r For the Quarter From 4/1/2011 to 6/30/2011 t �p i 1'eT t ts; r r K 'ca �” x �.�'f.» 4J g S'.1Y4 a 45Sr 'il°c:,` iii- Y.aaA �f;+ C ? .:5 < '.'�t` •YfS., F'' ;:i''+ :" rn7 �,u 1 1+� kmF rK.�r++,p.+- Y '�'�"^K�..'yiF"i` ^`.'T - - PT M� M1i Lpt;: i,.yew '4 _ - .. =`pID.,. `Open a$e?Project NaMne a Projett Address Valuation State Permit ID Issued Date New Housing .3' '5r•ii4je4 40.:. .i" ,: ` ..r ' i .,::4. r #..... «.... . -.<.. Units ,, . 01-02011-01398 3/9/2011 358 STRONG CT 358 S STRONGS Ct $155,000.00 110425028 4/25/2011 1 BLD2011-01567 3/17/2011 IVORY HOMES CRANDALL COVE 2856 S 1335E $680,000.00 110427001 4/27/2011 1 Li" YL C' 2,;.! 1 Wermits Issued l tNumber of ValtS1 n CappID Open bate Project Name ' ProjectAddress Valuation State Permit ID Issued Date New Housing '"xtg"::^Y. :.,mra.'''" 1; a5„wi 3rir�t5.a.S.Ya? "41 s L` ,i.^."` i g: a d _.c`G,r..., -Y:.. ,.. ..,,, Units ., x, -. BLD2011-01510 3/15/2011 RUBY RESIDENCE 527E 4TH Ave $290,000.00 110509021 5/9/2011 1 BLD2011-01204 2/28/2011 MONTGOMERY VILLAS SPEC HOME 274 S MONTGOMERY St $139,246.00 110509008 5/9/2011 1 BLD20I1-01481 3/14/2011 SUMNER RESIDENCE 1424 E PERRYS HOLLOW Rd $700,000.00 110504009 5/4/2011 1 0L02011-01600 3/18/2011 H.A.N.D•SLC CORP '51 N 900 W $85,000.00 110505015 5/5/2011 1 BLD20I0-07852 11/12/2010 SARGETAKIS RESIDENCE 1790 S TEXAS St $2,500,000.00 110517012 5/17/2011 1 1 '`{f' ', r i, f 1 EPermits Issued-kNumber of Units xi Nat! ,,ytzJ I r 5 Cap ID open Date project Name Project Address Valuation State Permit ID Issued Date New Housing k!fy', ,-C: ,..a.; . . r0.-a''5 _ . . . . - : - Units ._ BLD2010-07218 10/20/2010 SMITH-BRONSTEIN RESIDENCE 1305 5 YUMA St $150,000.00 110621032 6/21/2011 1 BLD2011-01952 4/5/2011 GRIFFIN RESIDENCE 1810 E REDONDO Ave $275,000.00 110608035 6/8/2011 1 BLD2010-07220 10/20/2010 SMITH-BRONSTEIN RESIDENCE 1317 S YUMA St $150,000.00 110621035 6/21/2011 1 (NORTH PROPERTY) BLD2011-02533 5/3/2011 AHMED RESIDENCE 2236 5 2200E $440,000.00 110617111 6/17/2011 1 'S .; Permits Issued i;Number of Uni s j _4 ci7,:,"' Yam .+rs"`s s .�f.. .r- d � T �i.m�Z��a�1A��`L�'�"� '� ...,,.,F �'' a k",�. .. {�A)�ui�rt �+� P!}�vc��Q21�, *JrY t.,� ZP , ,t,-. " :V;:r rtn Y. r u_ T,;-, ,p ' fI- 4F .'st ar' "+ TO "1 3- " ,*,r 3 s - i j,t.74 x �4 G 'G 'F C . O - .An, L .A :. f2 • ;1 $E )3 . E . O — lz_ z _ iz 1 e [.ib `d W t d N': d g. N. & • d W.�-L. t6 t rj€ 1. 1' Oi • i ^ J,,; tr' f I "4€ 1 • v •fil }L 73xj n 1 , I y .t 4 +:' i s gI f' : , ,mot.; �; , Q < 'E' ZIA: . r .i,' Boarded Buildings Activity 4th Quarter April 1, 2011 through June 30, 2011 Existing Boarded buildings as of March 31,2010 61 Vacant/Secure Buildings as of March 31,2010* 125 Demolition 7 Resolved 1 New boarded buildings 2 Total boarded buildings June 30,2010 55 Buildings vacant/secure June 30,2010 123 *Properties,which are vacant,and complaints or activity is such that they require monitoring,but not boarding. CLOSED/BOARDED HOUSES/APARTMENTS IN SALT LAKE CITY by CITY COUNCIL DISTRICT Districts Boarded Buildings Vacant&Secured Buildings District#1 8 15 District#2 10 18 District#3 I 4 19 District#4 i 23 36 District#5 i 8 24 District#6 1 2 District#7 1 9 Total 55 123 CLOSED/BOARDED HOUSES/APARTMENTS IN SALT LAKE CITY by CITY COUNCIL DISTRICT 7/12/2011 Address District#1-Boarded Sidwell No. 1 Owner Owner's Address Boarded* Comments 1569 North Baroness Street 08-22-330-009 Rene Guerra 1569 North Baroness Street ,Residential Salt Lake City,UT 84116 337 North Chicago Street 08-35-252-022 Leonardo Chazarez •337 North Chicago Street •Residential Salt Lake City,UT 84116 165 North Laxon Court 08-35-452-005 1Maria L Bustamante '165 North Laxon Court !Residential 1 Salt Lake City,UT 84116 578 North Redwood Road 08-34-202-012 !Alan T.Parsons 724 South 300 East ',Residential 411 North Star Crest Drive Salt Lake City,Utah 84102 !Oct-99 ' 411 North Star Crest Drive 08-34-153-023 ITofua&Mele S.Tuuefiafi2781 Provo Way Residential Sacramento,CA 95822 1102 West 400 North 108-35-177-021 Salt Lake City Corporation 451 So.State St.PO 145460 ''Residential Salt Lake City,Utah 84111 Boarded Residential 1801 West 1100 North 08-27-176-002,Garth&Oral M.North 1071 North Redwood Road Residential Salt Lake City,Utah 84116 3-Dec 551 North 900 West 08-35-205-020 Charles B.Nelson 1007 Cliff Drive 'Residential Santa Paula,CA 93060 Distrtict#1-Vacant&Secured 594 North Billy Mitchell Rd. 07-36-201-004'KRE Properties LLC i4140 Utica Ridge Road 'Commercial •Bettendorf,LA 52722 • 541 North Colorado Street '08-34-232-020 Javier Ledesma 541 North Colorado Street Residential • Salt Lake City,UT 84116 1028 West Eclipse Way 08-26-331-009 US Bank NA 1010 South 7th Street Residential Minneapolis,MN 55415 1908 West Gander Lane 108-22-153-024 Wells Fargo Bank One Home Campus Residential • Des Moines,IA 50328 1631 West Ivy Circle 08-27-452-028.Citibank 888 East Walnut Street .Residential Austin,TX 78758 1815 West Mojave Drive 108-22-376-008 Ronald V&Marilee M Perez 450 Pioneer Drive#776 Residential Glendale CA 91203 553 North Oakley Street 08-35-106-021 Bac Home Loans Servicing 400 Countrywide Way SV-35 !Residential Simi Valley,CA 93065 571 North Redwood Road 08-34-131-028 Robert Arnold 3624 East Brighton Point Dr. (Residential Cottonwood Hgts,UT 84121 1515 West Riverview Ave. 08-22-276-001 Mary South •279 North Quince Street Commercial Salt Lake City,UT 84103 1848 West Sir Charles Dr. 08-27-157-010!Ma L F Dela Cruz P.O.Box 33053 Residential Las Vegas,NV 89133 1060 West Sterling Drive 08-26-326-014 Larry J Winkelkotter 565 South Cheyenne Street ,Residential Salt Lake City,UT 84104 279 North 900 West 108-35-403-038 'Craig R.Vierig 5695 South Highland Drive Residential c/o Vierig&Co.Real Estate Holladay,UT 84121 ' 452 North 1100 West 08-35-179-012 Hazel J Woodward 452 North 1100 West •Residential Hazel J W Frye Salt Lake City,UT 84116 526 North 1100 West 08-35-133-012'Atkins 1100 LLC :526 North 1100 West IResidential Salt Lake City,UT 84116 l 915 West 200 North 08-35-453 001 :Bac Home Loans Servicing LP 400 Countryside Way SV-35 !Residential I Simi Valley,CA 93065 1 g CLOSED/BOARDED HOUSES/APARTMENTS IN SALT LAKE CITY by CITY COUNCIL DISTRICT 7/12/2011 District#2-Boarded Address Sidwell No. Owner Owner's Address 'Boarded* 'Comments 632 South Glendale Street 15-02-383-013 Carl W.Barney,Jr. 1854 East 5725 South !PRE 1986 'iCTO Ogden,Utah 84403 ;Residential 48 South Jeremy Street 15-02-205-006 Tunnel Investments LLC P.0,Box 645 !Commercial Lehi,UT 84043 572 South Post Street 15-02-451-035 Bryan Roberts •10186 South 3345 West !Residential 'South Jordon,Utah 84095 l6-Feb 749 South Prospect Street 15-10-203-001 Garth C.,Oral M.& 1071 North Redwood Road •11/7/2002 Boarded w/o permits .'Garth W.North Salt Lake City,Utah 84116 'Residential - 353 North 700 West !08-35-279-023 John R.&Helen Powell 5373 South Ridgecrest Drive •Residential Taylorsville,Utah 84118 '6-Feb 359 North 700 West '08-35-279-022 John R.&Helen M.Powell 5385 South Ridgecrest Drive !3-Oct !Boarded Secured c/o Rita Richins Taylorsville,Utah 84118 !Residential ,Residential 10 South 800 West 115-02-226-006 Salt Lake City Corporation 451 South State St.#225 Commercial 'Salt Lake City,Utah 84111 I 680 South 900 West '15-11-202-013 Victory Homes Incorporated 15212 South 2200 West i4-Nov DRT for restaurant Riverton,Utah 84065 !Residential 717 West 200 North 08-35-476-011 US Bank National Association 150 Allegheny Center Residential Pittsburgh,PA 15212 1476 West 800 South 15-10-232-013 Jitske K.Landaal 3375 West 3650 South#310 !Residential West Valley,UT 84119 District#2-Vacant&Secured 1235 West Arapahoe Ave. '15-11-102-005'Garth C.&Opal M.North 3653 South 500 East Residential Salt Lake City,Utah 84106 ' 1487 West Bell Avenue 15-10-476-006,Miguel P Ramos PO Box 27894 • Salt Lake City,UT 84127 1 Residential 472 South Emery Street 15-02-308-022 Regan Richmond PO Box 891 •Residential Lehi UT 84043 974 West Euclid Avenue i 15-02-203-013'Tomeliro Yamamoto 1054 West Tally Ho 2-Nov Vacant/Secured 'c/o Bill Parsons Salt Lake City,Utah 84116 'Residential Residential 1346 West Mead Avenue 15-11-159-014 Angelina M Perez 1346 West Mead Avenue 'Residential ,&Marcos Hernandez Salt Lake City,UT 84104 1500 W.North Temple St. 08-34-476-016 iJae Ju&Lib Bun Jun 1500 West North Temple St. Commercial 'Salt Lake City,UT 84116 1050 West Pierpont Ave. 15-02-179-008'Edward W.&Gladys R.Evans 111991 South 2240 West 1Residential 'Riverton,UT 84065 863 West 100 South 115-02-206-003 j Gordon A.Madsen 225 South 200 East#150 i Commercial, Salt Lake City,Utah 84111 • 1206 West 200 South 15-02-152-001 Salt Lake City Corporation 451 South State Street#225 'Commercial Salt Lake City,Utah 84111 _ 927 West 300 South 15-02-257-002 1 Ron Case 9288 South Janalee Drive Residential West Jordan,Utah 84088 • 973 West 500 South 15-02-451-002 jEmpire Recreations •4311 South Mignon Drive 5-Jul 'Residential,Partially c/o Michael Fontaine •Salt Lake City,Utah 84120 Residential Boarded, 765 West 800 South I15-11-276-005 Robert B.Sheldon '354 East Tenth Avenue :Residential Salt Lake City,Utah 84103 ) ) ) 1107 AKA 1109 W.800 S. 15-11-131-003 Maka L.&Vika P.Vai 1448 South 1200 West Residential Salt Lake City,Utah 84104 572 South 800 West 15-027476-017 Likeila Ika 4110 S Mackay Meadows PI ;Residential West Valley UT 84119 1250 South 900 West .'15-11-454-027 1Melissa Lyman_ 307 East 5300 South Residential Murray,Utah 84107 1426 South 1200 West 15-14-108-013,Asian&Ilmiha Kraja 9784 South Sweet Blossom Residential South Jordan,UT 84095 1061 South 1300 West 15-11-302-007 rMaria S Castro Martinez 1061 South 1300 West Residential Salt Lake City,UT 84104 709 West 400 North 08-35-279-011 Brian W.Reynolds 709 West 400 North Residential Pleasant Grove,UT 84062 CLOSED/BOARDED HOUSES/APARTMENTS IN SALT LAKE CITY by CITY COUNCIL DISTRICT 7/12/2011 District#3-Boarded Address Sidwell No. Owner Owner's Address Boarded* Comments 446 North Tuttle Court 08-36-152-023 DLP Properties Inc. 1530 South Main Street Residential AKA 452 North Tuttle Ct. do David Pope Salt Lake City,UT 84115 446 North Tuttle Court 08-36-152-023 DLP Properties Inc. 1530 South Main Street Residential AKA 456 North Tuttle Ct. do David Pope Salt Lake City,UT 84115 340 West 700 North 08-25-378-021 Michael W McKendrick 336 West 700 North Mixed Use Salt Lake City,UT 84103 344 West 600 North 08-36-127-012 Brian C.Scholle P.O.Box 8113 Sping 1996 Midvale,Utah 84047 Residential District#3-Vacant&Secured 321 N.Almond St.#trear 08-36-427-010 Amanda Ekstrom 1957 South 120 West Residential Orem,UT 84058 658 North East Capitol St 09-31-104-043 Jeffrey E Adams 1448 West 950 North Residential &Igor Maksymiw Provo UT 84604 854 West Everett Avenue 08-23-456-014 Greenlight Holdings of 629 East 4055 South Commercial American LLC Murray,Utah 84107 253 West Fern Avenue 08-25-456-007 Echoland Properties LLC 1505 North 1980 West 5-Mar Boarded Owner Provo,UT 84604 Residential 1119 East First Avenue 09-32-481-016 Locke Avenues LLC 3500 Lenox Road#200 Residential do One Alliance Center Atlanta,GA 30326 1204 East First Avenue 09-32-489-001 Bleu Moon LLC PO Box 1149 Residential do Mark Bonasera Mgr Monterey,CA 93942 166 E.Fourth Ave.AKA 09-31-337-035 Garth W.Allred P.O.Box 1896 Residential 168 E.Fourth Avenue St.George,UT 84771 633-635 E.Fourth Ave. 09-32-310-023 ABC Avenues Development LLC 32 West 200 South Residential Salt Lake City,Utah 84101 619 East Fifth Avenue 09-32-306-019 Carol Weeks 1413 East Center Street Residential Bountiful,Utah 84010 1119 East First Avenue 09-32-481-016 Locke Avenues LLC 3500 Lenox Road#200 Residential One Alliance Center Atlanta,GA 30326 647 North Grant Street 08-35-226-011 Patricia B.Watson 727 South 1000 West 5-Aug Boarded Residential Salt Lake City,Utah 84104 Residential 579 W.North Temple St. 08-36-354-020 GCII Investments LC 242 South 200 East Commercial Salt Lake City,Utah 84111 577 East Tenth Avenue 09-32-109-005 Shane Schut 326 North'C'Street Residential Salt Lake City,UT 84103 41 South University St. 16-04-103-001 Alpha Tau House Corporation 50 South Main Street#1600 Residential do Robert Mansfield Salt Lake City,UT 84101 275 North Vine Street 08-36-433-002 Chad Spector 114 Wagon Wheel Circle Residential Farmington,UT 84025 245 West 300 No.#Rear 08-36-403-037 Deborah Larsen 186 East Dorchester Drive Residential Salt Lake City,Utah 84103 175 West 400 North 08-36-282-010 Donise K.Davidson 679 East 200 South 3-Mar Vacant Secured Salt Lake City,Utah 84102 Residential 343 West BOO North 08-25-377-006 Wade Peabody P.O.Box 521474 Commercial AKA 345 West 700 North Salt Lake City,Utah 84152 585 North 400 West 08-36-128-031 Allen Jeppeson&Michael G 1346 North Colorado Street Commercial Haslam Salt Lake City,Utah 84116 CLOSED/BOARDED HOUSES/APARTMENTS IN SALT LAKE CITY by CITY COUNCIL DISTRICT 7/12/2011 District 4-Boarded Address Sidwell No. Owner Owner's Address Boarded* Comments 436 East Alameda Ave. 16-06-204-005 Corp of PB of CH JC of LDS 50 E.No.Temple St.tt2200 Residential c/o Tax Administration Salt Lake City,Utah 84150 836-838 S.Jefferson St.15-12-254-027 Kurt Vanderslice 320 West 170 South Duplex Vacant/Secured La Verkin,Utah 84745 PTB Expired 4/29/08 741-743 S.Roberta St. 16-07-130-010 Donna Katsanevakis 4672 S Deercreek Road Residential Alexia Hatzipolakis Salt Lake City,UT 84124 753 South Roberta St. 16-07-130-011 Emily&James R.Weigel 753 South Roberta Street Residential Salt Lake City,UT 84111 455 East Sego Ave. 16-06-326-011 Richard K.Thomas 167 West 1300 North 1992 PTB Expires Sunset,Utah 84015 Residential 26-Aug 358 South Strongs Ct. 16-05-326-017 Martine&John Ferrone 3025 East Banbury Road Residential Cottonwood Hgts.UT 84121 46 South 700 East 16-05-101-005 Julie A.Imaizumi 780 East Northcliffe Drive Residential Salt Lake City,Utah 84103 50 South 700 East 16-05-101-006 Julie A.Imaizumi 780 East NorthCliffe Drive May-89 PTB Exp 7/01 Salt Lake City,Utah 84103 Residential 632 So.700 East 1/rear 16-05-353-014 TS1 Partnership LTD P.O.Box 6120 1-Aug Permit Exp 10/9/02 c/o Simon Property Tax Dept. Indianapolis,IN 46206 Residential 322 South 1100 East 16-05-402-026 Paul Schaaf 1140 East Harrison Avenue 1-Sep Stay granted Salt Lake City,Utah 84105 Residential Going to B.O.A. 666 East 300 South 16-06-454-019 William Bleazard 329 South Vincent Court PRE 1998 PTB 10-06 Salt Lake City,Utah 84102 Residential 479 East 400 South 16-06-403-018 Grey Oak LLC 2157 South Lincoln Street Commercial do Daniel W.Jackson Salt Lake City,Utah 84106 427 East 600 South 16-06-477-027 LDS Church 363-9031 50 East North Temple Street PRE 1992 PTB Exp 3/21/03 Salt Lake City,Utah 84104 Residential 652 East 600 South 16-07-276-028 TSI Partnership Limited P.O.Box 6120 PRE 1990 Exp,10/09/05 do Simon Property Group Indianapolis,IN 46206 Residential 29 East 900 South 16-07-151-020 Ninth Street Development LLC P.O.Box 65809 Commercial Salt Lake City,Utah 84165 501 East 900 South 16-08-101-006 Rentco P.O.Box 11911 Spring 1997 PTB Exp 3/01/06 Salt Lake City,Utah 84147 Commercial 219 West 200 South 15-01-254-018 Kaliope Zezekakis 2832 East Maruice Drive 3-Sep Secured c/o Dean Zekas Salt Lake City,Utah 84124 Residential 566 West 200 South 15-01-108-011 Mary M.Drasbek 530 Utterback Store Road Residential Great Falls,VA 22066 Jul-06 541 West 300 South 15-01-153-001 Nicholas&Company P.O.Box 45005 3-Nov Vacant warehouse Salt Lake City,Utah 84145 Commercial Transient problems 349 West 700 South 15-12-130-002 Malualani B.Hoopiania 1767 South Texas Street Commercial Fire damage c/o Cuma Hoopiiania Salt Lake City,Utah 84108 6-Jul • 643 South 400 West 15-01-380-011 Ameritel Inn,Elko,LLC 10200 West Emerald Street Commercial Boise,ID 83704 106-108 So.500 West 15-01-108-029 Eighth North Capital,LLC 3500 E.Deer Hollow Circle Commercial do Sandie Tillotson Sandy,Utah 84092 161 South 600 West 15-01-108-008 E Jex&Jeannine Hepworth LLC 708 East Riverview Circle Commercial Pine,Idaho 83647 District#4-Vacant&Secured 220 South Banks Court 16-05-162-028 Don W.Layton 220 South Banks Court Residential Salt Lake City,Utah 84102 830-832 E.Chase Ave. 16-08-177-007 Peter N.&Michele M.Williams 1065 South Military Drive Commercial Salt Lake City,Utah 84105 649 South Conway Ct 16-06-458-004 John R&Helen M Powell 5385 South Ridgecrest Drive Residential c/o Rita Richins Taylorsville,UT 84118 925 E.East Place 16-05-332-013 Louise Christensen 965 South 1500 East 4-Sep Boarded Salt Lake City,Utah 84105 Residential 755 South Elizabeth St 16-08-229-009 Susan R.Fulsome 755 South Elizabeth Street Residential Salt Lake City,UT 84102 511 E Hawthorne Ave 16-06-476-018 Bonnie Kingston 511 East Hawthorne Avenue Residential Salt Lake City,UT 84102 144 South Main Street 15-01-229-068 Downtown Properties LLC 663 West 100 South Commercial Salt Lake City,Utah 84104 156 South Main Street 15-01-229-070 Howe Properties Incorporated 663 West 100 South Commercial Salt Lake City,Utah 84104 554 So.McClelland St. 16-05-452-018 Abana Apartment Company LTD 3006 So.Highland Dr.#200 Residential Salt Lake City,Utah 84106 755 South Roberta St. 16-07-130-012 Steve Shluker 755 South Roberta Street Residential Susan Carter Salt Lake City,UT 84111 354 South Strongs Ct. 16-05-326-015 Clark W.Miles P.O.Box 25083 Residential Salt Lake City,Utah 84125 825 So.Washington St. 15-12-253-003 SNT Enterprises LC 231 West 800 South#A Residential Active permits Salt Lake City,Utah 84101 Sep-06 831 So.Washington St. 15-12-253-004 SNT Enterprises LC 231 West 800 South#A 5-Apr Vacant/Secure Salt Lake City,Utah 84101 Residential Closed to Occupancy 115 S.West Temple St. 15-01-229-010 39/42 LLC 51 East 400 South Commercial c/o Internet Properties Inc. Salt Lake City,Utah 84111 123 S.West Temple St. 15-01-229-012 VMM Arrow Press LLC 51 East 400 South#210 Commercial Salt Lake City,Utah 84111 643 South 300 East 16-06-386-002 Justin M.Luke 643 South 300 East Residential Salt Lake City,UT 84111 724 South 300 East 16-07-130-037 Alan T.Parsons 131 South McClelland St.#3 Residential Salt Lake City,Utah 84102 541-543 So.500 East 16-06-476-041 Autonomy Incorporated P.O.Box 711906 Residential Salt Lake City,Utah 84171 262-268 So.700 East 16-05-153-003 Everest Builders,LLC 625 East 200 South#1 Residential Salt Lake City,Utah 84102 634 South 700 East 16-06-283-008 Martha Daniels 1960 South 400 East Apr-99 Vacant Secure c/o Janice Durham Salt Lake City.Utah 84115 Residential CTO Fire damage 353 South 800 East 16-05-305-004 Training Table 4535 South 2300 East 12/1/2004 Duplex,owner looking c/o Ken Chard Salt Lake City,Utah 84117 Residential to add to parking 543 South 1000 East 16-05-452-006 Lewis J.Paskett 369 East 900 South#132 Residential Salt Lake City,UT 84111 45 East 200 South 16-06-151-006 Alice Hsia P.O.Box 80804 Commercial San Marino,California 91118 353 East 200 South 16-06-205-019 Gem Family Limited Partnership 1088 South Crestview Circle Residential Salt Lake City,UT 84108 319 East 800 South 16-07-131-004 Toy-Hong Vo 319 East 800 South Residential Salt Lake City,UT 84165 540 East 500 South 16-06-476-032 Huntpark Development,LLC 686 E.110 South Unit 204 Residential do Derek J.Whetten American Fork,UT 84003 543 East 600 South 16-06-477-018 Lynn Barney 1851 East Fairway Lane Residential Draper,Utah 84020 563-565 East 600 So. 16-06-477-023 Metro Envision Real Estate 321 South Main St.#201 Residential Vacant duplex do Toshio Osaka Salt Lake City,Utah 84111 820 East 600 South 16-05-380-009 Dee Dillman 755 East Northcrest Drive Residential Salt Lake City,UT 84103 438 East 700 South 16-07-209-004 Delia E.Gruffer& 1187 East Laird Avenue Residential Patricia G.G.Jones Salt Lake City,Utah 84105 621 East 700 South 16-07-228-025 Autonomy Incorporated 6036 Linden Street Residential Holladay,Utah 84121 Citation#159930 Boarding letter sent 815 East 700 South 16-08-126-010 D.Jensen 958 West 200 North Residential 3/27/2007 Salt Lake.City,Utah 84116 149 East 900 South 16-07-176-016 Bonnie F.Miller Investments LTD 344 East Draper Downs Dr. Commercial Draper,Utah 84020 Rehab w/permits 521 East 900 South 16-07-276-031 Lionel M.Drage 3830 South 2900 East 2/24/2004 c/o Fillia H.Uipi Salt Lake City,Utah 84109 Residential 839 South 200 West 15-12-254-008 Victor M.&Joyce Kirby 2802 East 3900 South Commercial Salt Lake City,Utah 84124 CLOSED/BOARDED HOUSES/APARTMENTS IN SALT LAKE CITY by CITY COUNCIL DISTRICT 7/12/2011 District#5-Boarded Address Bidwell No. Owner Owner's Address Boarded" Comments 1856 South Edison Street 16-18-308-011 Douglas C.Batt 1863 South State Street 1996 Permit Exp.11/30/2004 486-1691 Salt Lake City,Utah 84115 Residential BOA Commercial Appeal 182 East Hampton Avenue 16-07-312-018 Christian T&Christy L Allen 182 East Hampton Avenue Residential Salt Lake City,UT 84111 365 East Harvard Avenue 16-07-405-013 Betty J.Mark 365 East Harvard Avenue Residential Salt Lake City,UT 84111 1241 South Major Street 16-07-353-009 Free Wesleyman Church of 57 East 1300 South Commercial Tonga in Utah Salt Lake City,UT 84115 1359 South Major Street 16-18-102-001 Michael Poor 471 Magnolia Avenue Commercial San Bernadine,CA 92405 1815 South State Street 16-18-306-004 MFFP LLC Series Dad's Store 170 West Rosewood Circle Commercial AKA 1811&1819 S State Centerville,UT 84014 915-17 South Jefferson St. 15-12-279-004 Greg Anderson 915 South Jefferson Street 6/4/1999 No Permit to Board Salt Lake City,Utah 84101 Residential 1291 South 1100 East 16-08-477-064 Liberty Heights Properties P.O.Box 521494 Aug-00 Boarded No Permit Salt Lake City,Utah Commercial DRT New Building District#5-Vacant&Secured 23 Fast Cleveland Avenue 16-18-101-020 Dan Garzarelli 1813 South 1500 East Residential Boarded no PTB Salt Lake City,Utah 84105 6-Jun Junk/Tire Storage 134 East Downington Ave. 16-18-307-004 Taylor Bean&Whitaker 1417 North Magnolia Avenue Residential Mortgage Corporation Ocala,Florida 34474 1852 South Edison Street 16-18-308-010 Blaine E.&Phyllis J.Tanner 1833 South State Street Residential c/o Tanner Transmissions Inc. Salt Lake City,Utah 84115 254 West Fayette Avenue 15-12-257-023 Ronald H.&Danielle K. 514 North Locust Avenue Residential Vacant Duplex Torgersen Lindon,Utah 84042 1363 South Filmore Street 16-16-127-003 H.Ken Engeman 1435 East Yale Avenue Residental Salt Lake City,Utah 84105 1367 South Lincoln Street 16-17-132-005 Carl E.Connelly 2263 E.High Mountain Drive Residential Sandy,UT 84092 1497 South Main Street 16-18-104-019 Won June Lee 4372 South Bouck Circle Commercial West Valley,Utah 84120 1341 East Michigan Avenue 16-09-153-058 James&Collette Walsh 1341 East Michigan Avenue 6-Aug Salt Lake City,Utah 84105 771 East Roosevelt Avenue 16-17-107-031 Hugh C.Cowley 771 East Roosevelt Avenue Residential Salt Lake City,Utah 84105 1359 East Roosevelt Ave. 16-16-103-019 Timothy Linford 2579 East Cinnabar Lane Residential Cottonwood Heights UT 84121 • 35 East Redondo Avenue 16-18-353-018 Kathryn J.Price 4848 South Highland Drive 3-Feb Vacant/Secured Salt Lake City,Utah 84117 1453 East Sherman Avenue 16-09-357-028 Lin Chia Lin Hsu 10914 South Ascot Parkway Residential Sandy,UT 84092 1149 So.West Temple St. 15-12-431-004 Todd W.Gee 1149 South West Temple St. Commercial Salt Lake City,Utah 84101 1044 East Wood Avenue 16-17-253-010 Claudia S.&J.Douglas 4693 Madisen Avenue Residential Jacobsen-do Sallee Orr Ogden,Utah 84403 1050 East Wood Avenue 16-17-253-011 Claudia A.&J.Douglas 4693 Madisen Avenue Residential Jacobsen-do Orr Sallee Ogden,Utah 84403 150 East 1300 South 16-07-379-001 Quality for Animal Life Inc. P.O.Box 711997 Residential Salt Lake City,Utah 84171 1470 East 1300 South 16-09-357-013 Stanford Larimer 1470 East 1300 South Residential Salt Lake City,UT 84105 18 West 1700 South 15-13-282-011 James H.Hatch 1975 South 800 West Commercial Woods Cross,Utah 84087 28 West 1700 South 15-13-282-010 James H.Hatch 838 North Main Street Commercial Farmington,Utah 84025 1480 South 300 East 16-18-132-031 Daryld Watson&Tracy Hansen 1450 Sagewood Rd.Apt.#11 Residential Price,UT 84501 1430 South 400 East 16-18-204-026 Steve Atkin&Jim Arthur 1426 South 400 East Residential Salt Lake City,Utah 84115 1321 South 500 East 16-07-478-015 Michael C.Lobb 1714 South 1100 East Commercial c/o Service First Realty Group Salt Lake City,Utah 84105 1874 South 500 East 16-18-456-028 Tiffany L.Oteo 1874 South 500 East Residential Salt Lake City,Utah 84105 1046 South 400 West 15-12-328-008 Amalgamated Enterprises 220 South Banks Court 5-May Commercial,old warehouse Don Layton Salt Lake City,Utah 84102 Commercial Transient issues,Boarded CLOSED/BOARDED HOUSES/APARTMENTS IN SALT LAKE CITY by CITY COUNCIL DISTRICT 7/12/2011 District#6-Boarded Address Sidwell No. Owner Owner's Address Boarded* Comments 1316 E.Downington Ave. 16-17-430-001 Helen Udell P.O.Box 11924 4-Mar Duplex %Roger Swensen Salt Lake City,Utah 84147 Residential Vacant District#6-Vacant&Secured 1456 East Logan Avenue 16-16-157-009 Gary L.Beard 1456 East Logan Avenue Residential Salt Lake City,UT 84111 2134 East Roosevelt Ave. 16-15-110-005 Ann R Cunningham 2124 East Roosevelt Avenue Residential do Rebecca Dunham Salt Lake City,UT 84108 • 1 CLOSED/BOARDED HOUSES/APARTMENTS IN SALT LAKE CITY by CITY COUNCIL DISTRICT 7/12/2011 District#7-Boarded Address Bidwell No. Owner Owner's Address Boarded* Comments 820 East Westminster Ave.16-17-376-004 Maxine M.Robinson 41 South 900 East t1116 Residential Salt Lake City,Utah 84102 District#7-Vacant&Secured 2544 South Highland Dr. 16-20-434-014 GMAC Mortgage 4 Walnut Drove Drive Residential AKA 2546 S.Highland Dr. Horsharn,PA 19044 2818 South Highland Dr. 16-29-229-002 John E.Arrington 8974 South Wild Willow Cove Residential Vacant Partial Boarded Sandy,Utah 84093 2855 South Highland Dr. 16-28-103-008 C.Ray Openshaw III 1127 West Dalton Avenue Commercial do Trust Department Salt Lake City,UT 84104 2739 So.McClelland St. 16-20-457-012 Norman D.&Diane Gritton& 4272 Sunnyside Drive Residential Carol Wilson Riverside,California 92506 2233 East Parleys Ter. 16-22-327-007 William P.&Ricard B.Neville 3109 Haddonstone Drive Residential Owens Cross Rds.AL 35763 1147 East Ramona Ave. 16-17-454-023 Brook L Lyons 1147 East Ramona Avenue Residential Salt Lake City,UT 84105 984 East Wilson Avenue 16-17-333-015 Manoochehr Khavari 984 East Wilson Avenue Residential Roswell NM 88201 1787 South 1100 East 16-17-408-003 Cheryl Kehl 2386 East Haven Lane Residential Holladay,UT 84117 RDA AND HOUSING TRUST FUND QUARTERLY REPORTS LEDGER Fourth Quarter,2010-2011 2010-11-RDA HOUSING TRUST FUND CREDIT DEBIT BALANCE BEGINNING BALANCE as of July 1,2010 1,214,259.00 RDA Contribution to Trust Fund 100,000.00 1,314,259.00 2010-11-HOUSING TRUST FUND CREDIT DEBIT BALANCE BEGINNING BALANCE as of July 1,2010 3,716,000.00 Quarterly Subdivision Housing Report For the Quarter From April 2011 to June 2011 ra Ew � '`�tt§M - I ';"7 ;xkwl " Preliminary Plats* /;roll Adm NI,:nivc O I tic Saluy lli i1,1 ;Complcs Su1,110 inn 455 S 300 r 3 Ins11110.1 1icu , /21/2011 Adminislr,li,c 6J 1:,,,I 6,'',,clor 633 victors' 1 12esidcnlial Ica 4 2320 lam r'c�,mm1s1nn Ilope 1 0 e vIlnnr Snhu, 575 P.100 S 2 cnmmutial 6/24/2011 :Adun stralree Gnrcc Sohdc uion 806 E I IIIDSON Ave _ Rcsidemial lcvi_ Quarter Totals Lots/Units s Preliminary* SALT LAKE CITY COOS QUARTERLY STATUS REPORT 'Mk form Is to be used la report on th0 funding provided by Salt take City for toll grant 0o not report 100%of your programmatic results unless salt lake City ROBS fully funded your program. FY 10/11:(let Qtr. I2nd Qtr. l3rd Qtr. (4lh Qtr. X_ Kenna of Subreclplenll Community Dave,opment Corporation of Utah Name of Program:CDBG Administration Contact Person:Iran Barton (Phone Y;801-994-7222 (Email:Jean®cdcutah.org SECTION I-PROTECT DESCRIPTION&STATUS SECTION II-RACE/ETHNICITY total G Served THIS Hlspantc/ Race Category Qtr Latino White 3 Black or African Amedun Asian Amerlun Indian or Alasklan Native Native Nawallan Or Other Pacific Wander _ American Indian or Alaska Native 6 Whllg Asian and White Black or African Amedun&White American rowan or Alaska HatIve and Black or African Panoran Huld•AeClal Other Grand Teta of Clients served with SIC funding: 3 0 SECTION III-BENEFICARY INCOME Income Category New/Contlnulnq access to Improved access to Service Service or Infrastructure no (Median Family Income) Service or Infrastructure or Infrastructure Forger substandard Lxtremcly ow �(yJOa/a ow ry _ (31%Low/Mai w/140 MFI) {Sl%-794o MFI) 3 Non-- (>B0o/a MEI) Totals: I 3 0 0 Of All Reported Beneficiaries,Flow Many Aro: I#Clients_ 1.Disabled 2.Single Female Head of Household(with children under tile age of 18) 1 SECTION IV-HOUSING INFORMATION(Assist,CDC,tie l9hborWorits&SIC HAND only) Of Owner Occupied Units: #Units 1,Units Occupied by Elderly: 2.Units Moved from Substandard to Standard(HQS or Local Code) 3.Section SO4 Accessible Untts 4.Units Qualified as Energy Star 5.Units Brought Into Compliance with Lead Safety Rules(24 CFR Part 35) SECTIOIN V-RENTER INFORMATION(Astrcr,COC,Neighbor'Works&SIC HAND only) lotal 0 Income Category Race Category(Renters) Served THIS Hispanic/ Report"OWNERS.IN SECTION Report"OWNERS"In Section 11 Qtr Latino lot Renters Whit Extremely Low(030%Ft FI) clack et AUdun American) Very Low(310/0.50%MEI) Asian low/Mod t•I ) American Indian or Aissklan Clad. Non-Low Mod(e.80%F1FI — Native Hawa lla n or Other Pacldc Wander American male n or Alaska Natvo&White Allan and Wolle _1 _ elector African Amedun&White Am'ninon/AWL]Halide A Black/A1e1Can An HOIURadal ODar cram]Total me:lenm se/v.with sLCmndbg: D 0 SECTION VI:SHELTER ACTIVITIES-FILL IN SHADED AREAS ONLY ''this section Is to W,.fled out by:CCs,goad 11o,nle,MCA and a ay other organization that:-rived funding order t`,o PUBLIC soRVICt-ca legs,el ha Cass grant That nrovlom support to/formeless IndloOoo'tjfanllllhs. 0f the total number of persons assisted: #Persons IlennelMs rsans gl,on Overnight Shelter, 00ds CroalS On/this funding)In Overnight 5nolle.l-- HOME QUARTERLY REPORT HOME quarterly reports shall be due to Salt Lake City no later than October 31,2010,January 31,2011,April 30,2011,and July 31,2011. In addition to the quarterly reports,the annual report shall also be due no later than July 31,2011. Submit all reports to: Sandi Marler Phone: 535-7269 Housing&Neighborhood Development 451 South State St.,Room 406 PO Box 145488 Salt Lake City,UT 84114-5488 Numbers included in this report should only Involve HOME funds received from Salt Lake City,not the County or your entire budget, NAME OF SUBGRANTEE ORGANIZATION: _Community Development Corp of Utah PROJECT/PROGRAM NAME:__HOME Acquisition/Rehab CONTACT NAME' Jean Barton CONTACT PHONE: 801-994-7222 CONTACT ADDRESS:_501 E 1700 S,SLC 84105 CONTACT EMAIL:_jean@cdcutah.org TIME PERIOD COVERED: April 1,2011 to June 30,2011 Month Day Year Month Day Year Report the total number of clients served in the first column. In the second column report the number of clients counted in the first column also claiming Hispanic or Latino ethnicity. If clients only claim Hispanic or Latino ethnicity,include them first in the White race column. Adding an "Unknown"category is not acceptable. If necessary,make a best guess estimate. CODE RACE/ETHNICITY Total Number Hispanic 14 American Indian or Alaska Native 16 American Indian or Alaska Native and White 19 American Indian or Alaska Native and Black or African American 13 Asian 17 Asian and White 12 Black or African American 18 Black or African American and White 15 Native Hawaiian or Other Pacific Islander 11 White 1 20 Balance of individuals reporting more than one race TOTALS 1_ INCOME INFORMATION Indicate below the number of households/persons served in each income category below. Please indicate whether you are serving households(H)or persons(P). Total numbers from Income Information must match those from the Race/Ethnicity totals above. Adding an "Unknown"category is not acceptable. If necessary,make a best guess estimate. Number of clients assisted at 3D%AMI or lower Number of clients assisted between 31%and 50%AMI 1 Number of clients assisted between 51%and 60%AMI Number of clients assisted between 61%and 80%AMI Total Number of Households/Persons Served during the Quarter: 1_ FAIR HOUSING DATA(NEW FOR 2010/2011) Number of clients assisted that are disabled Number of clients assisted that are Female Head of Household 1 (must have children under the age of 18) HOUSING ACTIVITIES Types of housing activities: Rental housing development,property acquisition for home buyer development,home owner housing development,home buyer assistance,housing rehabilitation and tenant based rental assistance. Types of activities NOT considered housing activities: Emergency shelter assistance and short- term assistance to support homeless persons are considered public service activities,not housing activities. Homebuyer Assistance Activities: Types of homebuyer assistance housing activities: Down payment and closing cost assistance, gap financing,interest rate buy-downs,and subsidized second mortgages. Of the total number of persons assisted,how many: Are first time home buyers 1 Are receiving down paymenUclosing cost assistance 1 Are coming from subsidized housing Are receiving housing counseling 1 Total number of housing units in entire project: 1 Of those,how many are HOME assisted 1 Total number of units in entire project meeting Energy Star Standards Of those,how many are HOME assisted Total number of units in entire project meeting 504 Accessibility Standards Of those,how many are HOME assisted Homebuyer Project Addresses for which these HOME funds assisted: 1987 S Richards St,SLC,UT Homebuver Development Activities: Types of homebuyer development housing activities: Property acquisition for homebuyer housing development,new construction of homebuyer units and rehabilitation of existing units for resale to homebuyers. Total number of housing units in entire project: Of those,how many are HOME assisted 1_ Of those,how many units are restricted for those at 80%AMI _1 or less whether HOME assisted or not Total number of units in entire project meeting Energy Star Standards: Of those,how many are HOME assisted Total number of units in entire project meeting 504 Accessibility: Standards Of those,how many are HOME assisted Of the total owner units developed: Number for households previously living in subsidized housing Number of units to be occupied by the elderly(62 and older) Number of units set aside for persons with HIV/AIDS Of those,number designated for the chronically homeless Number of units designated for the homeless Of those,number designated for the chronically homeless Rental Housing Activities Types of rental housing activities: Acquisition of existing units for rent,property acquisition for new construction of rental units,new construction of rental units,rehabilitation of existing rental units,and conversion of nonresidential structures into rental units. Total number of housing units in entire project. Of those,how many are HOME assisted Total number of units in entire project meeting Energy Star Standards Of those,how many are HOME assisted Total number of units in entire project meeting 504 Accessibility Standards Of those,how many are HOME assisted Of the total owner units developed: Number of units to be occupied by the elderly(62 and older) Number of units set aside for persons with HIV/AIDS Of those,number designated for the chronically homeless Number of units designated for the homeless Of those,number designated for the chronically homeless Number of years the project will remain affordable �..b Number of units subsidized with project-based rental assistance by another federal,state or local program Number of units designated for homeless persons and families including units receiving assistance for operations Of those,the number of units for the chronically homeless Permanent housing units designated for homeless persons and families including units receiving assistance for operations Of those,the number of units for the chronically homeless Homeowner Rehabilitation Types of homeowner rehabilitation activities: All activities designed to make physical improvements to owner-occupied housing units. Total number of units in the entire homeowner housing rehab project: Of those,the number of units to be occupied by the elderly (62 and older) Units moved from substandard to standard(HOS or local code) Units qualified as meeting Energy Star Standards Units made accessible that now meet Section 504 Standards Units brought into compliance with lead safety rules Rehab Project Addresses for which these HOME funds assisted,if applicable: Tenant-Based Rental Assistance Types of tenant-based rental assistance activities: All direct rental assistance to tenants (TBRA),and short-term assistance to households including security deposits. Total number of households assisted: Of those,how many receive short-term rental assistance (not more than 3 mos.) Of those,the number of chronically homeless households Total number of housing units in entire program: Of those,the number of units designated for the homeless Of those,the number designated for the chronically homeless Was this activity carried out by a faith-based organization? YES NO SALT LAKE CITY CDBG QUARTERLY STATUS REPORT This form is to be Pled to report on the funding provided by Salt Lake City for this grant. Do not report 100%of your programmatic results unless Salt Lake Ciry COB&fully funded your program. FY 10/11: FEMPINMIEI aMMEME/211.11CMINEMI Name Of Subrecipient:NeighborWorks Salt Lake Name of Program: Contact Person:Geoff Hardies iPhone#:801.539.1590 Email:geoff@nwsaltlake.org SECTION I-PROJECT DESCRIPTION&STATUS SECTION II-RACE/ETHNICITY total# Served THIS Hispanic/ Race Category Qtr Latino White 80 22 Black or African American 2 0 Asian 2 0 American Indian or Alaskian Native Native Hawaiian or Other Pacific Islander 4 0 American Indian or Alaska Native&White Asian and White Black or African American&White American Indian or Alaska Native and Black or African American Multi-Racial Other Grand Total of Clients served with SLC funding: 88 22 SECTION III-BENEFICARY INCOME Income Category New/Continuing access to Improved access to Service Service or Infrastructure no (Median Family Income) Service or Infrastructure or Infrastructure longer substandard Extremely Low (<30%MEI) 8 Very Low (31%to 50%MFI) 25 Low/Mod (519/4-79°/a MFI) 92 Non-LOW MOO (>80/0 MEI) 13 Totals: 88 0 0 SECTION IV-HOUSING INFORMATION(Assist,CDC,NeighborWorks&SLC HAND only) Of Owner Occupied Units: I#Units 1.Units Occupied by Elderly: 0 2.Units Moved from Substandard to Standard(HQS or Local Code) 0 3.Section 504 Accessible Units 0 4.Units Qualified as Energy Star 0 S.Units Brought into Compliance with Lead Safety Rules(24 CFR Part 35) 0 SECTIOIN V-RENTER INFORMATION(Assist,CDC,NeighborWorks&SLC HAND only) iota:# Income Category Race Category(Renters) Served THISi Hispanic/ Report"OWNERS"IN SECTION Report"OWNERS"in Section II Qtr Latino III Renters White Extremely Low(<309/0 MFI) Black or African American Very Low(31°/9-50/o MEI) Asian Low/Mod(519/0-799%MFI) American Indian or Alaskian Native Non-Low Mod(>80%MEI) Native Hawaiian or Other Pacific Islander American Indian or Alaska Native&White Asian and White Black or African American&White Am Indian(Alaska Native&Black/African Am Multi-Racial Other Grand Total of Clients served with SIC funding: 0 0 SECTION VI:SHELTER ACTIVITIES-FILL IN SHADED AREAS ONLY ''This section is to he rNed out by:CGS,Road Home,YWCA and any other organization that received funding under the PUBLIC SERVICE"category of the CDBG grant that provides support to Homeless individuals/families. Of the total number of persons assisted: #Persons Homeless Persons given Overnight Shelter Beds Created(w/this funding)in Overnight Shelter HOME QUARTERLY REPORT .�. HOME quarterly reports shall be due to Salt Lake City no later than October 31,2010,January 31,2011,April 30,2011,and July 31,2011. In addition to the quarterly reports,the annual report shall also be due no later than July 31,2011. Submit all reports to: Sandi Marler Phone: 535-7269 Housing&Neighborhood Development 451 South State St.,Room 406 PO Box 145488 Salt Lake City, UT 84114-5488 Numbers included in this report should only involve HOME funds received from Salt Lake City,not the County or your entire budget. NAME OF SUBGRANTEE ORGANIZATION: _NeighborWorks Salt Lake PROJECT/PROGRAM NAME: CONTACT NAME:Geoff Hardies CONTACT PHONE:801.539.1590 CONTACT ADDRESS:622 W 500 N SLC,UT 84116 CONTACT EMAIL:geoff@nwsaltlake.org TIME PERIOD COVERED: 4/1/11_to 6/30/11 Month Day Year Month Day Year Report the total number of clients served in the first column. In the second column report the number of clients counted in the first column also claiming Hispanic or Latino ethnicity. If clients only claim Hispanic or Latino ethnicity,include them first in the White race column. Adding an "Unknown"category is not acceptable. If necessary,make a best guess estimate. CODE RACE/ETHNICITY Total Number Hispanic 14 American Indian or Alaska Native 16 American Indian or Alaska Native and White 19 American Indian or Alaska Native and Black or African American 13 Asian 2 0 17 Asian and White 12 Black or African American 2 _0 18 Black or African American and White 15 Native Hawaiian or Other Pacific Islander 4_ _0 11 White 67 22 20 Balance of individuals reporting more than one race TOTALS 75 22 INCOME INFORMATION Indicate below the number of households/persons served in each income category below. Please indicate whether you are serving households(H)or persons(P). Total numbers from Income Information must match those from the Race/Ethnicity totals above. Adding an "Unknown"category is not acceptable. If necessary,make a best guess estimate. Number of clients assisted at 30%AMI or lower 8 Number of clients assisted between 31%and 50%AMI 25 Number of clients assisted between 51%and 60%AMI 18 Number of clients assisted between 61%and 80%AMI 24 Total Number of Households/Persons Served during the Quarter: _ 75 HOUSING ACTIVITIES Types of housing activities: Rental housing development,property acquisition for home buyer development,home owner housing development,home buyer assistance,housing rehabilitation and tenant based rental assistance. Types of activities NOT considered housing activities: Emergency shelter assistance and short- term assistance to support homeless persons are considered public service activities,not housing activities. Homebuyer Assistance Activities: Types of homebuyer assistance housing activities: Down payment and closing cost assistance, gap financing,interest rate buy-downs,and subsidized second mortgages. Of the total number of persons assisted,how many: Are first time home buyers _23 Are receiving down payment/closing cost assistance 1 Are coming from subsidized housing Are receiving housing counseling 75 Total number of housing units in entire project: Of those,how many are HOME assisted Total number of units in entire project meeting Energy Star Standards Of those,how many are HOME assisted Total number of units in entire project meeting 504 Accessibility Standards Of those,how many are HOME assisted Homebuyer Project Addresses for which these HOME funds assisted: Homebuver Development Activities: Types of homebuyer development housing activities: Property acquisition for homebuyer housing development,new construction of homebuyer units and rehabilitation of existing units for resale to homebuyers. Total number of housing units in entire project: 33 Of those,how many are HOME assisted 33 Of those,how many units are restricted for those at 80%AMI or less whether HOME assisted or not Total number of units in entire project meeting Energy Star Standards: Of those,how many are HOME assisted Total number of units in entire project meeting 504 Accessibility: Standards Of those,how many are HOME assisted Of the total owner units developed: Number for households previously living in subsidized housing Number of units to be occupied by the elderly(62 and older) Number of units set aside for persons with HIV/AIDS Of those,number designated for the chronically homeless Number of units designated for the homeless Of those,number designated for the chronically homeless Rental Housing Activities Types of rental housing activities: Acquisition of existing units for rent,property acquisition for new construction of rental units,new construction of rental units,rehabilitation of existing rental ^► units, and conversion of nonresidential structures into rental units. Total number of housing units in entire project Of those,how many are HOME assisted Total number of units in entire project meeting Energy Star Standards Of those,how many are HOME assisted Total number of units in entire project meeting 504 Accessibility Standards Of those,how many are HOME assisted Of the total owner units developed: Number of units to be occupied by the elderly(62 and older) Number of units set aside for persons with HIV/AIDS Of those,number designated for the chronically homeless Number of units designated for the homeless Of those,number designated for the chronically homeless Number of years the project will remain affordable Number of units subsidized with project-based rental assistance by another federal,state or local program Number of units designated for homeless persons and families including units receiving assistance for operations Of those,the number of units for the chronically homeless Permanent housing units designated for homeless persons and families including units receiving assistance for operations Of those,the number of units for the chronically homeless Homeowner Rehabilitation Types of homeowner rehabilitation activities: All activities designed to make physical improvements to owner-occupied housing units. Total number of units in the entire homeowner housing rehab project: Of those,the number of units to be occupied by the elderly (62 and older) Units moved from substandard to standard(HQS or local code) Units qualified as meeting Energy Star Standards Units made accessible that now meet Section 504 Standards Units brought into compliance with lead safety rules Rehab Project Addresses for which these HOME funds assisted,if applicable: Tenant-Based Rental Assistance Types of tenant-based rental assistance activities All direct rental assistance to tenants (TBRA),and short-term assistance to households including security deposits. Total number of households assisted: Of those,how many receive short-term rental assistance (not more than 3 mos.) Of those,the number of chronically homeless households Total number of housing units in entire program: Of those,the number of units designated for the homeless Of those,the number designated for the chronically homeless Was this activity carried out by a faith-based organization? YES NO THE ROCKY MOUNTAIN ECONOMY:UPDATE May 2011 (see Economic Indicators data below) Economic conditions in the Rocky Mountain region have improved in recent months,and employment is up from a year ago.Seasonally adjusted nonfarm payrolls for March 2011 increased by about 8,500 jobs,or 0.2 percent,from a month earlier,to 4.93 million jobs.Payrolls are also up by 53,600 jobs,or 1.1 percent,from a year ago.The fastest growth has occurred in North Dakota and Utah,where nonfarm payrolls increased by 1,800 and 4,400 jobs,representing increases of 0.5 and 0.4 percent,respectively,from the previous month.In Montana,Colorado,and Wyoming,nonfarm payrolls increased by 1,500,500,and 1,000 jobs,or increases of 0.3,0.2,and 0.4 percent,respectively.Nonfarm payrolls in South Dakota declined by 700 jobs,or 0.2 percent,the only monthly decrease among states in the region.The unemployment rate for the region as of March 2011 was 7.7 percent,which was down slightly from the previous month and compared with a year ago.State unemployment rates ranged from 3.6 percent in North Dakota to 9.2 percent in Colorado,and all states in the region except Colorado continue to have rates below the national average of 9 percent. For the U.S.,nonfarm payrolls increased by 244,000 jobs in April 2010 compared with a month earlier,and payrolls were up by 1.3 million jobs from a year ago.All of the gains were in the private sector,which added 268,000 jobs from a month earlier.This was partly offset by a loss of 24,000 jobs in the public sector.Within the goods-producing sectors,during the past 12 months the manufacturing sector added 197,000 jobs,but construction sector payrolls were down by 42,000 jobs.In the service-providing sectors,the education and health services sector expanded by 432.000 jobs,while the professional and business services sector added 513,000 jobs.Temporary services,which is a leading indicator for employment overall,rose by 222,400 jobs in the 12 months ending April 2011. Real Gross Domestic Product(GDP)rose 1.8 percent nationally in the first quarter of 2011,which was below the 3.1 percent increase for the previous quarter and below the 4.8 percent growth of a year ago.The deceleration in GDP primarily reflects an upturn in imports,and a slowdown in consumer spending and federal government spending.The Conference Boards Leading Economic Index fell by 0.3 percent in April to 114,after increasing 0.7 percent in March and 0.9 percent in February.The Consumer Confidence Index rose 1.6 points to 65.4 in April.These measures suggest that moderate economic growth is likely to continue. The annualized pace of new-home starts in March 2011 was up 7.2 percent from February,to 549,000 units, but this was down 13.4 percent from a year ago.Homebuilding activity within the region,year-to-date through March 2011,seas down 30 percent from a year ago.Every state in the region reported significant declines in the number of residential building permits issued,with decreases ranging from 14 percent in South Dakota to 59 percent in Wyoming.In first quarter 2011,apartment vacancy rates in the Denver- Boulder area remained constant at 5.4 percent,but vacancy rates declined significantly in Colorado Springs and Salt Lake City,to 5.8 and 6 percent,respectively.Existing home sales in first quarter 2011 in the Denver and Salt Lake City metro areas were clown 20 percent from a year ago,due in part to the expiration of the I ome Buyer Tax Credit,but average prices for existing homes increased from a year ago in both areas. According to the Mortgage Bankers Association,foreclosure rates for both the region and the U.S.declined in the first quarter of 201 1.The decrease of 0.21 percentage points from a year earlier in the Rocky Mountain region was much larger than the 0.05 percentage point national decline.U.S.consumer prices were up by 3.1 percent from a year ago.Excluding the volatile energy and food sectors,the core inflation index rose 1.3 percent from a year ago.In April,the Federal Reserve determined that the economic recovery is proceeding at a moderate pace,and it will conclude the second round of quantitative easing('`QE2")in June 2011.The average 30-year fixed mortgage interest rate remains lose,at 4.84 percent,which is just 13 basis points above the recent record low of 4.71 percent recorded in October 2010. ROCKY MOUNTAIN ECONOMIC INDICATORS AO 11.6 Change Data Most Recent Previous Last Year Indicator as of Mth./Qtr. Mth.Qtr. Year Ago Mth/Qtr Ado Source Nonfarm Employment(seasonally adjusted) Colorado March-11 2,228.2 2,227.7 2,217.1 00% 0.5% BLS Montana March-11 430.2 428.7 428.8 0.3% 0.3% BLS North Dakota March-11 386.7 384.9 371.2 0.5% 4.2% BLS South Dakota March-11 403.7 404.4 400.8 -0.2% 0,7% BLS Utah March-11 1,194.4 1,190.0 1,175.4 0.4% 1.6% BLS Wyoming March-11 284.5 283,5 280.8 0.4% 1.3% BLS Rocky Mountain Region March-11 4,927.7 4,919.2 4,874.1 0.2% 1.1% BLS United States April-11 131,02B 130,784 129,715 0.2% 1.0% BL5 Unemployment Rate(seasonally adjusted): Colorado March-11 9.2 9.3 9.0 -0.1 0.2 BLS Montana March-11 7.4 7.4 7.1 0 0.3 BLS North Dakota March-11 3.6 3.7 4.0 -0.1 -0.4 BLS South Dakota March-11 4.9 4.8 5.1 0.1 -0.2 BLS Utah March-11 7.6 7.7 8,0 -0.1 -0.4 BLS Wyoming March-11 6.2 6.2 7.3 0 -1.1 BLS Rocky Mountain Region March-11 7.7 7.8 7.8 -0.1 -0.1 BLS United States March-11 9.0 8.0 9.8 1 -0.8 BLS GDP Growth Rate(%)-United States 1st Qtr 2011 1.8 3.1 4.8 -1.3 -3 BEA U.S.Housing Starts(Annual rate) March-11 549,000 512,000 634,000 7.2%-13.4% Census Residential Building Permits- Colorado YTD,Mar-11 2,281 2,349 3,196 -2,9% -28.6% Census Montana YTD,Mar-11 236 392 379 -39.8%-37.7% Census North Dakota YTD,Mar-11 331 823 271 -59.8% 22.1% Census South Dakota YTD,Mar-11 337 424 392 -20.5%-14.0% Census Utah RID,Mar-11 1,413 1,793 2,062 -21 2% •31.5% Census won., Wyoming YTD,Mar-11 263 419 643 -37.2%-59.1% Census Rocky Mountain Region VT°,Mar-11 4,861 6,200 6,943 -21.6%-30.0% Census Apartment Vacancy Rates. Colorado Springs Metro 1st Qtr 11 5.8 6.8 6.6 -1.0 -0.8 Apartment Insights Denver/Boulder area 1st Qtr 11 5.4 5.4 6.9 0.0 -1.5 Apartment Insights Salt Lake City Metro 1st Qtr 11 6.0 6.6 6.9 -0.6 -0.9 Reis,Inc. Unted States 1st Qtr 11 9,7 9.4 10.6 0.3 -0.9 Census Existing Home Sales:Denver PMSA Actuve Listings March-11 19,320 18,6E5 20,574 3.4% -6.1% MetroList,Inc. Number of Sales 1st Qtr 2011 6,578 8,182 8,194 -19.6%•19.7% Hanley Wood LLC Average Price 1st Qtr 2011 $240,316 $246,142 $239,133 -2,4% 0.5% Hanley Wood LLC Existing Home Sales.Salt Lake City MSA Number of Sales 1st Qtr 2011 3,100 4,187 3,871 -26.0%-19.9% Hanley Wood LLC Average Price 1st Qtr 2011 $247,169 $245,023 $241,998 0.9% 2.1% Hanley Wood LLC Existing Single-Family Home Sales:United Stater Annual Rate of Sales(SA) April-11 5,050,000 5,090,000 5,800,000 -0.8%-12.9% NAR Average Price April-11 $163,700 $159,800 $172,300 2.4% -5.0% NAR Residential(1-4 Family)Foreclosure Rate, Rocky Mountain Region let Qtr 2011 2.33 2.54 2.72 -0.21 -0.39 MBA Survey United States 1st Q:r.2011 4.52 4.63 4.63 -0.11 -0.11 MBA Survey Consumer Price Index-Ail Items, Denver-Boulder CMSA 2nd Half 2010 213.9 211,0 209.7 i 4% 2.0% BLS United States(SA) April-11 2244 223.5 217,6 0.4% 3.1% BLS WOW. Avg,30-Year Mortgage Interest Rste April-11 4.84 4.84 5.10 0.CO -0.26 Freddie Moo Grant Application Submission Notification Memo TO: Jennifer Bruno,Gina Chamness,Shen-ie Collins,David Everitt,Cindy Gust-Jensen,Karen Halladay,Ben McAdams,Sylvia Richards,Lehua Weaver FROM: Elizabeth Myers DATE: July 19,2011 SUBJECT: Enhancements to the Water Conservation Master Plan Water Demand Calculator and Weed Management Tool FUNDING AGENCY: U.S.Department of the Interior/Bureau of Reclamation GRANT PROGRAM: Water Conservation Field Services Program 2011 REQUESTED AMOUNT: $39,032 DEPARTMENT APPLYING: Department of Public Utilities COLLABORATING AGENCIES: Kelly Kopp,Ph.D.,Department of Plants,Soil,and Climate at Utah State University DATE SUBMITTED: July 19,2011 SPECIFICS: ❑ Technical Assistance 0 Equipment/Supplies Only ❑ Provides Hourly/Seasonal Position(s) ❑ Existing ❑ New 0 Overtime 0 Requires Funding After Grant Explanation: O Match Required 100% 0 In-Kind Services and ❑ Cash ❑ Computer Software Development ❑In-House or ❑Contract Services O Contractual Services ❑ New Program(City not performing function now) O Other: GRANT DETAILS: • At the invitation of the Bureau of Reclamation,the City submitted a request for$39,032 to develop 13 on-line videos and 50,000 companion DVD-5s illustrating best management practices for designing, installing,and maintaining sustainable and water conserving landscapes by private and commercial property owners. • The videos and DVDs are an enhancement to the scope of work proposed for the Water Demand Calculator and Weed Management Tool and the Landscape Water Efficiencies Website,which are currently under construction and being funded through two awarded grants from the Bureau's Water Conservation Field Services Program. cc: Sarah Behrens,Gordon Hoskins,Marjean Searcy • The City proposed a cost-share totaling$39,032 from the following City sources and project partners: Cost Share Source Amount Salt Lake City Dept. of Public Utilities(in-kind staff time and supplies) $7,874 Salt Lake City Dept. of Information Management Services(in-kind staff time) $28,158 Kelly Kopp,Ph.D.,turf and soil conservation consultant(in-kind services) $3,000 Total Proposed Cost Share $39,032 cc: Sarah Behrens,Gordon Hoskins,Marjean Searcy Grant Application Submission Notification Memo TO: Jennifer Bruno,Gina Chamness,Sherrie Collins,David Everitt,Cindy Gust-Jensen,Karen Halladay,Ben McAdams,Sylvia Richards,Lehua Weaver FROM: Elizabeth Myers DATE: July 18,2011 SUBJECT: Solar Salt Lake—Project Extension and Additional Funds FUNDING AGENCY: U.S.Department of Energy GRANT PROGRAM: Solar America Initiative Market Transformation:Solar City Strategic Partnerships REQUESTED AMOUNT: $20,000 DEPARTMENT APPLYING: Department of Public Services COLLABORATING AGENCIES: Utah Clean Energy DATE SUBMITTED: July 15,2011 SPECIFICS: ❑ Technical Assistance 0 Equipment/Supplies Only ❑ Provides Hourly/Seasonal Position(s) 0 Existing 0 New ❑Overtime ❑ Requires Funding After Grant Explanation: 2I Match Required 100% 21 In-Kind Services and 0 Cash ❑ Computer Software Development ❑In-House or 0 Contract Services 21 Contractual Services ❑ New Program(City not performing function now) ❑ Other: GRANT DETAILS: • At the invitation of the U.S.Department of Energy,the City submitted a request for a project extension and$20,000 in additional federal funds toward the Solar Salt Lake initiative that the City is currently implementing to increase the solar energy market in Utah. • The proposed project extension will allow the City and its project partner,Utah Clean Energy,to continue to carry out the activities defined in the original scope of work into April 2012. • If awarded,the$20,000 in additional federal funds will be used for the City to contract with Utah Clean Energy to complete the following deliverables: 1) Expansion of utility solar incentive programs under the Utah Public Service Commission's regulatory review. cc: Sarah Behrens,Gordon Hoskins,Marjean Searcy 2) Expansion of Utah's third party power purchase agreement provisions to commercial entities. 3) Development of alternative financing structures for solar installations. 4) General education and outreach related to solar development and opportunities. ■ The City proposed a cost-share totaling$20,000 from the following City sources and project partners: Cost Share Source Amount Salt Lake City General Fund—Personnel(in-kind staff time) $8,754 Utah Clean Energy(in-kind staff services) $l 1,246 Total Proposed Cost Share $20,000 cc: Sarah Behrens,Gordon Hoskins,Marjean Searcy Grant Application Submission Notification Memo TO: Jennifer Bruno,Gina Chamness,Sherrie Collins,David Everitt,Cindy Gust-Jensen,Karen Halladay,Ben McAdams,Sylvia Richards,Lehua Weaver FROM: Elizabeth Myers DATE: July 15,2011 SUBJECT: Maternal Oral Health Education Program FUNDING AGENCY: American Dental Association Foundation GRANT PROGRAM: Dr.Samuel D.Harris Fund for Children's Dental Health Grant Program REQUESTED AMOUNT: $5,000 DEPARTMENT APPLYING: Department of Community&Economic Development COLLABORATING AGENCIES: Salt Lake Donated Dental Services DATE SUBMITTED: July 13,2011 SPECIFICS: ❑ Technical Assistance ❑ Equipment/Supplies Only ❑ Provides Hourly/Seasonal Position(s) 0 Existing ❑ New 0 Overtime 0 Requires Funding After Grant Explanation: ❑ Match Required 0% ❑In-Kind and 0 Cash O Computer Software Development 0 In-House or 0 Contract Services El Contractual Services ❑ New Program(City not performing function now) ❑ Other: GRANT DETAILS: • The City requested$5,000 for the Sorenson Unity Center to partner with Salt Lake Donated Dental Services to implement the Maternal Oral Health Education Program. • The objective of the Maternal Oral Health Education Program is for 25 underserved low-income women, who fall 100 percent below the federal poverty level and/or minority teen mothers,to learn about the importance of good oral hygiene and how it can impact the overall health of their unborn child and/or infant,by participating in: A)oral hygiene education classes held once a month,and B)oral health education activities via free dental cleaning during their pregnancy. • If awarded,Salt Lake City Corporation/Sorenson Unity Center will contract with Salt Lake Donated Dental Services to implement the Maternal Oral Health Project at its clinic at the Sorenson Unity Center. • The funding agency does not require an applicant match/cost-share. cc: Sarah Behrens,Gordon Hoskins,Marjean Searcy Grant Application Submission Notification TO: Dave Everitt,Cindy Gust-Jenson,Gina Chamness,Jennifer Bruno, Ben McAdams FROM: Sarah Behrens DATE: 2 August 2011 SUBJECT: Emergency Management Performance Program FUNDING AGENCY: State of Utah Division of Emergency Services,US dept. of Homeland Security GRANT PROGRAM: Emergency Management Performance Program REQUESTED AMOUNT: $determined by allocation DEPARTMENT APPLYING: Emergency Management COLLABORATING AGENCIES: DATE SUBMITTED: August 1,2011 SPECIFICS: ['Technical Assistance(Training) ❑Equipment Only ['Provides_ FTE Position(s) ['Existing ['New Overtime ❑Requires Funding After Grant Explanation: ®Match Required 50% ❑In Kind ®Cash ❑Computer Software Development ❑In House ❑Contract Services ❑Contractual Services QNew Program(City not performing function now) GRANT DETAILS: The EMPG is an annual allocation from the federal government passed through the state. The amount is determined by the state based on the amount received by the state and the number of jurisdictions applying. The funding will be used for general operating of the department. The match is met through department salaries. cc: Gordon Hoskins, Elizabeth Myers, Krista Dunn,Sherrie Collins, Karen Halladay, Sylvia Richards, Lehua Weaver • Grant Application Submission Notification Memo TO: Jennifer Bruno,Gina Chamness, Sherrie Collins,David Everitt,Cindy Gust-Jensen, Karen Halladay,Ben McAdams, Sylvia Richards,Lehua Weaver FROM: Elizabeth Myers DATE: August 1, 2011 SUBJECT: Sorenson Unity Center Computer Clubhouse FUNDING AGENCY: Best Buy Foundation GRANT PROGRAM: Community Grants 2011 REQUESTED AMOUNT; $10,000 DEPARTMENT APPLYING: Salt Lake City Foundation COLLABORATING AGENCIES: None. DATE SUBMITTED: July 29,2011 SPECIFICS: ❑ Technical Assistance ❑ Equipment/Supplies Only ❑ Provides Hourly/Seasonal Position(s) ❑ Existing ❑ New ❑Overtime 0 Requires Funding After Grant Explanation: O Match Required 0% 0 In-Kind Services and 0 Cash O Computer Software Development 0 In-House or 0 Contract Services O Contractual Services 0 New Program (City not performing function now) IZJ Other: General operating support GRANT DETAILS: • Salt Lake City Foundation requested$10,000 for general operating support for the Sorenson Unity Center Computer Clubhouse for fiscal year 2012/2013. • If awarded, the Computer Clubhouse will use the funds for program costs to: 1) Train 400 youth, ages 8 to 17, in Microsoft Office 2010 applications, graphic design, and web design 2) Train 60 youth in a variety of Science,Technology, Engineering and Math projects focusing on alternative energy and organic gardening 3) Train 40 pre-teens and teens in variety of multi-media and video projects and in video conferencing to share with the Global Clubhouse Network. cc: Sarah Behrens,Gordon Hoskins,Marjean Searcy Grant Application Submission Notification Memo TO: Jennifer Bruno,Gina Chamness, Sherrie Collins,Dave Everitt,Cindy Gust-Jenson,Karen Halladay, Ben McAdams, Sylvia Richards,Lehua Weaver FROM: Marjean Searcy DATE: July 15,2011 SUBJECT: BJA FY 11 Edward Byrne Memorial Justice Assistance Grant(JAG)Program Local Solicitation FUNDING AGENCY: U.S.Department of Justice,Office of Justice Programs,Bureau of Justice Assistance GRANT PROGRAM: BJA FY 2011 JAG Program REQUESTED AMOUNT: $421,634 DEPARTMENT APPLYING: Police Department COLLABORATING AGENCIES: Salt Lake County DATE SUBMITTED: July 15,2011 SPECIFICS: ■ Technical Assistance(Training) ■. Equipment/Supplies Only ❑ Provides FTE Position(s) ❑ Existing ❑ New ❑ Overtime ❑ Requires Funding After Grant • Overtime ❑ Match Required 100% ❑In-Kind Cash❑ ❑ Computer Software Development ❑ In House ❑Contract Services • Contractual Services ❑ New Program(City not performing function now) GRANT DETAILS: The Salt Lake City area has been determined a disparate region. Salt Lake City receives the majority of the funds in the County,and has been determined to be the agency to submit the application. The application includes Salt Lake City and Salt Lake County,for which this program will provide funding. Each jurisdiction has attempted to organize a project that addresses the Purpose Areas of the JAG program. Salt Lake City receives$282,884;Salt Lake County receives$138,750. These projects fall into six of the purpose areas,as well as five of the priority areas designated by the JAG program. Technology,training and personnel continue to be the most significant needs of the law enforcement organizations and the courts,along with the need for staff to carry out treatment of substance abuse. Through this proposal,these two jurisdictions will have better law enforcement/criminal justice technology,will gain important training,purchase essential software programs and will enhance their abilities to carry out other government services through contractual services and hiring personnel to carry out their objectives. These services include drug and alcohol treatment,prevention and education programs,and the courts will be able to better serve clientele in their substance abuse programs. cc: Sarah Behrens,Elizabeth Myers,Gordon Hoskins �y/.� ��j7 SCANNED TO FRANK B. GRAY •+w\M j�stirasp �I�dii SCAN_R• i HE OAK R DIRECTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT '! +1� •7 '��� OFFICE OF THE DIRECTOR o t �/ t , ' DE LA MARE-SCHAEFER DEPUTY DIRECTOR JUL 2 0 2011 ROBERT FARRINGTON, JR. CITY COUNCIL TRANSMITTAL DEPUTY DIRECTOR qt\ RECEN ED By Date Received: 01/20/201 i D.vid ,eritt, Chief of Staff -. O NCIL OFFICE Straw sent to City Council: 07 fi 2 ('ILL TO: Salt Lake City Council DATE: July 20, 2011 Jill Remington-Love, Chair FROM: Frank Gray, Community& Economic i' ;; �,,.� -C Development Department Director RE: $5,500,000 Industrial Revenue Bond(IRB)Application from Cookietree, Inc. STAFF CONTACTS: Dan Velazquez, Small Business Economic Development Manager, at 801-535-7941 or dan.velazquez@slcgov.com RECOMMENDATION: That the City Council(1)hold a briefing on August 9, 2011, (2) act on an Inducement Resolution and schedule a TEFRA Hearing on August 9, 2011 and (3) hold a TEFRA Hearing on September 6, 2011. The City Council will not be asked to adopt the Bond Resolution until later in the year. DOCUMENT TYPE: Briefing/Resolution BUDGET IMPACT: None- Cookietree, Inc. (Cookietree) has paid the City a$1,000 non-refundable application fee and will submit an additional $14,500 at closing to reimburse the City for expenses entailed in issuing the bonds, including City personnel time and related expenses incurred in the evaluation process. IRB BACKGROUND: Industrial Revenue Bonds (IRBs), also referred to as Industrial Development Bonds (IDBs) or Private Activity Bonds, are tax-exempt bonds issued by qualified government entities for the benefit of a private organization. IRS regulations place a `volume cap' on each state for the max dollar amount of IRBs that can be issued in any one calendar year. This volume cap varies based on the population of each state. Repayment of IRBs relies exclusively upon revenues generated by the private entity requesting the bonds and is not considered an obligation of the issuing local governmental entity, sometimes referred to as the `conduit issuer'. 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 145488, SALT LAKE CITY, UTAH B4114-5486 TELEPHONE: BO 1-535-6230 FAX: 801.-535-6005 WWW.SLCGOV.COM/CED �.r� wccvaco r•ren Once the City Council is briefed on a `conduit' financing project and gives their approval to Amok proceed with financing of the project, the next steps are the adoption of an Inducement Resolution and the scheduling of a TEFRA(Tax Equity and Fiscal Responsibility Act) Hearing. An Inducement Resolution indicates the conduit issuer's first official action or evidence of official intent to issue private activity bonds. The Inducement Resolution also determines the point after which the user of the project being financed can be reimbursed for capital costs paid or incurred in connection with the acquisition and construction of the project. TEFRA requires as a precondition to excluding interest from gross income for federal income tax purposes on all qualified private activity bonds that(1) a public hearing be held to allow interested members of the public to express their views regarding the issuance of the bonds; and(2)that the nature of the improvements and projects for which the financing funds will be allocated are presented. DISCUSSION: Cookietree submitted a$5,500,000 IRB application to the City on June 23, 2011. Cookietree is a Utah-based corporation that has been manufacturing cookies and cookie dough products since 1981. Cookietree has seen rapid growth over the past decade and in recent years has averaged $37 - 40 million in annual revenue. The company currently leases space in Murray. Cookietree intends to use the proceeds from the bond issue for the construction of a new 95,000 square foot facility within the Ninigret Industrial Park in Salt Lake City. The total cost of the new facility will be approximately$7.1 million and the facility will serve as Cookietree's sole manufacturing facility and primary distribution center. The company estimates that, in the future, the new facility will support sales of up to $110 million. Aolw Beyond the construction costs of the project, Cookietree states that its new facility will have a positive economic impact on the City by creating jobs. The company projects that the new facility will allow them to add 17 new jobs in the next five years and 20-23 jobs within the next 10 years. Most of these new positions, however, will be semi-skilled and unskilled laborers. PUBLIC PROCESS: The City's IRB Committee reviewed the Cookietree, Inc. application on July 14, 2011 and recommended favorable action by the City Council. Assuming that the City Council is willing to move forward with this IRB, a TEFRA hearing, which allows for public comment, will be held on September 6, 2011. RE: IRB Application from Cookietree,Inc. Page 2 of 3 Ballard Spahr draft 7/28/2011 Salt Lake City, Utah August 9, 2011 The City Council of Salt Lake City, Utah (the "Council"), met in regular session at its regular meeting place in Salt Lake City, Utah on August 9, 2011, at 7:00 p.m., with the following members of the Council present: Present: Jill Remington Love Chair Stan Penfold Vice Chair Carlton Christensen Council Member Luke Garrott Council Member JT Martin Council Member Soren Dahl Simonsen Council Member Van Blair Turner Council Member There were also present: Ralph Becker Mayor Christine Meeker City Recorder Absent: After the meeting had been duly called to order and after other matters not pertinent to this Resolution had been discussed, a Certificate of Compliance with Open Meeting Law with respect to this August 9, 2011, meeting was presented to the Council, a copy of which is attached hereto as Exhibit A. After due deliberation, the following Resolution was considered, fully discussed and, pursuant to motion made by and seconded by was adopted by the following vote: Those voting YEA: • Those voting NAY: This Resolution was then signed by the Chair and recorded by the City Recorder. The Resolution is as follows: DMWEST#8354349 v5 RESOLUTION NO. OF 2011 A resolution of the City Council of Salt Lake City, Utah (the "City") authorizing the issuance and sale of not more than $5,500,000 aggregate principal amount of the City's Facility Revenue Bonds, Series 2011 (Cookietree, Inc. Project) to finance the costs of the acquisition, construction and improvement of facilities for Cookietree, Inc.; providing for the publication of a Notice of Bonds to be Issued and a Notice of Public Hearing; providing for the running of a contest period; and related matters. WHEREAS, the City is authorized by the Utah Industrial Facilities and Development Act, Chapter 17, Title 11, Utah Code Annotated 1953, as amended (the "Act") to issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, equipping and furnishing land, buildings, facilities and improvements which are suitable for use for any business purposes and that title to or in such facilities may at all times remain in the Borrower and in such case the bonds of the City shall be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the Borrower; and WHEREAS, there has been presented to the City at this meeting a request from Cookietree, Inc. (the "Borrower"), asking the City to adopt a resolution authorizing the issuance and sale of the City's facility revenue bonds, the proceeds of which will be used to finance expenditures incurred by the Borrower for the acquisition, construction, ,. improvement, equipping and furnishing of manufacturing facilities to be located in Salt Lake City, Utah(the "Project"); and WHEREAS, the Bonds shall be special limited obligations of the City payable solely from and secured by revenues, rights, interests and collections pledged by the Borrower and shall not constitute nor give rise to a general obligation or liability(legal or equitable) of the City or of the State of Utah or of any subdivision thereof or a charge against either of their general credit or taxing power; and WHEREAS, the City has determined that it would be in furtherance of the purposes of the City and the Act `to issue not more than $5,500,000 of its Facility Revenue Bonds, Series 2011 (Cookietree, Inc. Project) (the "Bonds") with a maturity not in excess of 30 years from the date of their issuance for the purpose of financing the Project; and WHEREAS, Section 11-17-16 of the Act provides for the publication of a Notice of Bonds to be Issued, and the City desires to publish such a notice at this time in compliance with the Act with respect to the Bonds and to give notice of a public hearing to be held by the City with respect to the Bonds; and WHEREAS, the Bonds are expected to be issued pursuant to certain agreements to be approved by the City Council in a resolution authorizing the issuance of the Bonds (the "Final Bond Resolution"); DMWEST#8354349 v5 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH,AS FOLLOWS: Section 1. All terms defined in the foregoing recitals hereto shall have the same meanings when used herein. Section 2. All action heretofore taken (not inconsistent with the provisions of this Resolution), by the City and by the officers of the City directed toward the issuance of the Bonds are hereby ratified, approved and confirmed. Section 3. In order to finance the acquisition, construction, improvement, equipping and furnishing of the Project with the resulting public benefits which will flow therefrom, the City hereby expresses its intent to finance certain qualified expenditures incurred with respect to the Project with proceeds of an issue of Bonds issued and sold pursuant to the provisions of the Act in a principal amount sufficient to pay the cost of financing the Project, together with costs incident to the authorization, sale and issuance of the Bonds (to the extent permitted by law), the aggregate cost of the Project and the cost of authorization, sale and issuance of the Bonds being presently estimated not to exceed $5,500,000. The Council hereby authorizes the issuance of the Bonds in an amount not to exceed $5,500,000 and with a maturity not in excess of 30 years from the date of their issuance and declares its intention to issue the Bonds according to the provisions of this Resolution and a Final Bond Resolution to be adopted at or about the time of the sale of the Bonds. In addition, the Council hereby expresses the intent of the City to reimburse qualified costs of the Project in accordance with the provisions of Treasury Regulation Section 1.150-2. Notwithstanding anything herein contained to the contrary the City shall have no liability to the Borrower or any other person for any costs or funds advanced if the Bonds are not issued. Section 4. The City is expected to loan the proceeds of the Bonds to the Borrower pursuant to certain agreements among the City, JP Morgan Chase Bank (the "Bank") and the Borrower whereby the Borrower will be obligated, among other things, (i) to make payments to the Bank in amounts and at times sufficient to pay the principal of and premium, if any, and interest on all of the Bonds and (ii)to provide, or cause to be provided, collateral or other security to secure payment of the Bonds in such manner and in such amounts as the Bank, as purchaser of the Bonds, deems appropriate. The City has not authorized the pledge of its credit for the payment of the Bonds or the financing of the Project. Section 5. In accordance with provisions of the Act and in order to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended, the City Recorder is hereby authorized to publish one (1) time in The Salt Lake Tribune, a newspaper of general circulation within the City, a "Notice of Bonds to be Issued and of Public Hearing" at least fourteen (14) days prior to September 6, 2011, the hearing date set forth in said Notice, and the Council will meet in public session on September 6, 2011 to receive public comment on the proposed issuance of Bonds. The City Recorder shall also cause a copy of this Resolution (together with all exhibits hereto) to be kept on file in her office in Salt Lake City, Utah, for public examination during the regular business hours DMWEST#8354349 v5 3 owt of the City until at least thirty (30) days from and after the date of publication thereof. The Notice of Bonds to be Issued and of Public Hearing shall be in substantially the following form: NOTICE OF BONDS TO BE ISSUED AND OF PUBLIC HEARING CITY COUNCIL OF SALT LAKE CITY, UTAH NOTICE IS HEREBY GIVEN pursuant to the provisions of the Utah Industrial Facilities and Development Act, Title 11, Chapter 17, Utah Code Annotated 1953, as amended (the "Act"), that on August 9, 2011, the City Council (the "Council") of Salt Lake City, Utah (the "City") adopted a resolution (the "Resolution") in which it authorized the issuance of the City's Facility Revenue Bonds, Series 2011 (Cookietree, Inc. Project) (the "Bonds")in the aggregate principal amount of not to exceed $5,500,000 and with a maturity not in excess of 30 years from the date of their issuance. Pursuant to the Resolution, the City proposes to lend the proceeds of the Bonds to Cookietree, Inc. (the "Owner") for the purpose of financing the costs of the acquisition, construction, improvement, equipping and furnishing of an approximately 95,000 square-foot manufacturing facility (the "Project"), to be located at approximately 4010 West Advantage Circle, Salt Lake City, Utah, to be owned and used by the Owner as a manufacturing facility for the production of baked goods. Amok NOTICE IS FURTHER GIVEN that, in connection with the City's proposed issuance of the Bonds, the City will meet on Tuesday, September 6, 2011 at 451 South State Street, Room 315, Salt Lake City, Utah, at 7:00 p.m. for the purpose of conducting a public hearing. Interested individuals are invited to express their views, both orally and in writing, on the proposed issue of the Bonds and the location and nature of the Project. Comments at the public hearing are invited. Written comments may be submitted to the City at its Council's office located at 451 South State Street, Room 304, Salt Lake City, Utah, until 5:00 p.m. on September 6, 2011. Additional information may be obtained from the City at its office shown above or by calling (801) 535-7600. Subsequent to the hearing, the Council will consider approving the Bonds for the Project. The City is authorized to issue the Bonds pursuant to the Act. The Bonds will be special limited obligations of the City payable solely from amounts provided by the Owner under certain agreements pursuant to which the Bonds will be issued (the "Agreements"). The Bonds and the interest thereon will not be a debt of the City or of the State of Utah or any political subdivision, and neither the City nor the State of Utah or any political subdivision will be liable thereon, and in no event will the Bonds or the interest thereon be payable out of any funds or properties other than those of the City expressly provided therefor under the Agreements. The Bonds will not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Avow DMWEST#8354349 v5 4 The Bonds are to be issued and sold by the City pursuant to the Resolution, a Final Bond Resolution, and the Agreements, which shall contain such terms and provisions as shall be approved by the City in the Final Bond Resolution. A copy of the Resolution is on file in the office of the City Recorder of the City at 451 South State Street, Room 415, Salt Lake City, Utah, where it may be examined during regular business hours of the City Recorder from 8:00 a.m. to 5:00 p.m. for a period of at least thirty(30)days from and after the date of publication of this notice. NOTICE IS FURTHER GIVEN that a period of thirty (30) days from and after the date of the publication of this notice is provided by law during which any person in interest shall have the right to contest the legality of the Resolution or the Bonds, or any provision made for the security and payment of the Bonds, and that after such time, no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever. Date: August 9, 2011. SALT LAKE CITY, UTAH /s/ Christine Meeker City Recorder Published in The Salt Lake Tribune DMWEST#8354349 v5 5 Amok Section 6. If any provisions of this resolution should be held invalid, the invalidity of such provision shall not affect the validity of any of the other provisions of this resolution. Section 7. No member of the City Council or employee of the City has any interest, direct or indirect, in the transactions contemplated by the City as described herein. Section 8. All resolutions of the City or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. Section 9. This resolution shall become effective immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH THIS 9TH DAY OF AUGUST, 2011. Chair (SEAL) ATTEST: City Recorder DMWEST#8354349 v5 6 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on , 2011. By: Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved on this 2011. By: Mayor DMWEST#8354349 v5 7 STATE OF UTAH ) :ss. COUNTY OF SALT LAKE ) I, Christine Meeker, the undersigned duly appointed, qualified and acting City Recorder of Salt Lake City, Utah(the"City"), do hereby certify: 1. The foregoing pages are a true, perfect and complete copy of a resolution duly adopted by the City Council of the City during proceedings of the City Council of the City, had and taken at a lawful regular meeting of said City Council held at the City offices in Salt Lake City, on the 9th day of August, 2011, commencing at the hour of 7:00 p.m., as recorded in the regular official book of the proceedings of the City kept in my office, and said proceedings were duly had and taken as therein shown, and the meeting therein shown was duly held, and the persons therein were present at said meeting as therein shown. 2. All members of said City Council of said City were duly notified of said meeting, pursuant to law. 3. There will be published one time in The Salt Lake Tribune, a newspaper having general circulation in Salt Lake City, Utah, a Notice of Bonds to be Issued and of Public Hearing, the affidavit of which publication will, when available, be attached .4644, hereto. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City this 9th day of August, 2011. By: City Recorder (SEAL) Allow DMWEST#8354349 v5 8 EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Christine Meeker, the undersigned City Recorder of Salt Lake City, Utah (the "City"), do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than twenty- four (24) hours public notice of the agenda, date, time, and place of the August 9, 2011, public meeting held by the City Council of the City (the"City Council") as follows: (a) By causing a Notice, in the form attached hereto as Schedule 1, to be posted at the City's principal offices on August , 2011, at least twenty- four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; (b) By causing a Notice, in the form attached hereto as Schedule 1, to be delivered to The Salt Lake Tribune on August , 2011, at least twenty-four (24) hours prior to the convening of the meeting; and (c) By causing a Notice, in the form attached hereto as Schedule 1, to be posted on the Utah Public Notice Website (http://pmn.utah.gov) at least twenty-four(24) hours prior to the convening of the meeting. In addition, the 2011 Notice of Annual Meeting Schedule for the City Council, in the form attached hereto as Schedule 2, was given specifying the date, time and place of the regular meetings of said City Council to be held during the year, by causing said Notice to be (i) posted on January , 2011, at the principal office of the City Council, (ii) provided to at least one newspaper of general circulation within the City on January , 2011 and (iii) published on the Utah Public Notice Website (http://pmn.utah.gov) during the current calendar year. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 9th day of August, 2011. By: City Recorder (SEAL) ATTACHMENTS: Schedule 1—Meeting Notice Schedule 2—Annual Meeting Notice DMWEST#8354349 v5 A-1 Salt Lake City Corporation INDUSTRIAL REVENUE BOND APPLICATION PART A:APPLICANT INFORMATION 1. Name of Applicant: COOKIETREE, INC (D.B.A.-COOKIETREE BAKERIES) 2. Address of applicant: Official Business Name Cookietree, Inc. Contact Person Harold W. Rosemann Mailing Address PO Box 57888 Salt Lake City, UT 84157- 0888 Telephone/Fax Ph:801-268-2253, Fx: 801-265-2727 E-mail harold@cookietree.com 3. Attachment A: Include a brief history of your company. See attached 4. Name and address of all other major business officers and investors supporting this application Greg F.Schenk—President PO Box 57888 Salt Lake City, UT 84157-0888 Harold Rosemann—C.F.O. &C.O.O PO Box 57888 Salt Lake City, UT 84157-0888 Mike Dougherty—Vice President Sales PO Box 57888 Salt Lake City, UT 84157-0888 5. Name and address cf bond counsel (bond counsel must be retained before application is considered complete for professing): Name of Firm Ballard Spahr, LLP Name of Attorney Bradley Patterson Mailing Address 201 South Main Street, Suite 600 Salt Lake City, UT 84111 Telephone/Fax Ph: 801-531-3033 Fax 801-531-3001 E-mail patterson(ballardspahr.com 6. Name and address of proposed underwriter or purchaser of bonds: JP Morgan Chase Bank will be the purchaser of the bonds in private placement transaction. An underwriter will not be required by the purchaser. Name of Firm JP Morgan Chase Bank Mailing Address 201 South Main Street, Floor 3 Salt Lake City,UT 84111-2870 Name of Contact Rob Carpenter Mailing Address 201 South Main Street, Floor 3 Salt Lake City, UT 84111-2870 Telephone/Fax 801-715-9212 E-mail robert,w.carpenter@chase.com Attorneys ' Chase Bank—Firm name Chapman and Cutler,LLP Name of Attorney Brandon Johnson Mailing Address 201 South Main Street#2000 Salt Lake City, UT 84111 Telephone/Fax Ph:801-536-1407 Fax: 801-533-9595 E-mail bjohnson@chapman.com PART B: PROJECT INFORMATION 1. Name and description of the project(minimum one page): Amok As described in the company history, Cookietree has experienced significant growth over the last 10+years and has outgrown its current facility. A new larger facility is now required to allow for continued company growth. Cookietree currently runs three manufacturing lines in a 56,000 sq. leased facility in Murray, UT. This project includes the construction of a 95,000 sq.ft.facility (7.1 million) that will serve as the company's sole manufacturing facility and primary distribution center. The building will also contain the administrative offices for the company. The new facility will allow Cookietree to add additional manufacturing lines to expand its production capacity. Currently Cookietree operates three production lines;two for baked products and one for frozen dough. In addition to the this project, Cookietree also plans to immediately add a new high volume dough production line and freezing capacity to support increasing sales of cookie dough and cookies. Due to this additional production line Cookietree plans on purchasing 2 million dollars in new equipment, the equipment will be funded using private bank financing . Furthermore,this new facility will allow for future additional production lines that will support sales of up to$110 million (current sales$37-40 million). Cookietree plans to construct the new manufacturing facility on 5.8 acres of undeveloped land located at 4010 West Advantage Circle (approx 1400 South) Salt Lake City,84104. The building construction utilizes insulated concrete tilt-up panels. Adding the insulated sandwich panels to the tilt-up concrete walls significantly improves the energy efficiency of the building and helps create a more stable temperature controlled environment, along with reducing HVAC costs. In addition to reducing energy costs,having a stable temperature environment is beneficial in the production process in that it helps to reduce raw material losses. The building dimensions will be 315 ft.in length by 270 ft. in width and will be divided up as follows: 6,000 sq.ft. —Office/Administrative 7,000 sq. ft. —Office/Locker rooms, production related areas 18,000 sq.ft.—Temperature controlled freezer used in the production process 64,000 sq.ft.—Manufacturing& related raw material warehouse space The construction project will also include additional improvements such as a landscaping, lighting, etc. This new facility will have improved transportation access for our customers and suppliers and will give the company additional credibility as it seeks to become a more significant participant in the domestic& international cookie manufacturing industry. Cookietree has purchased the land for this project and has plans to purchase additional production equipment to increase the number of production lines, The$5.5 million Industrial Revenue Bond will be used solely to finance the construction of the building(along with the related costs). The projected value of the land and completed facility is approximately$7.1 million.As noted 2. Address of the project: Address 4010 West Advantage Circle Salt Lake City, UT 84104 3. Type of Industry: a Hotel/Tourism o Light Industry c Heavy Industry c Regional Scale Retail • Community Scale Retail • Neighborhood Scale Retail • Commercial Office o Research and Development o High Density Housing o Low Density Housing/Infill • Other(Specify) Manufacturer of food products,cookies,frozen dough, brownies and scones. 4. Rationale for seeking public support for Industrial Revenue Bond approval; As part of this project,the company is planning to immediately add an additional dough production line. With this additional production line and the anticipated continued growth, the company expects to add 17 new jobs within the next 5 years and an additional 20-23 jobs in the subsequent 5 years. Most of these jobs will be non-skilled and semi-skilled positions, however as the company adds more automation, the majority of these jobs are expected to transition to semi-skilled positions. The training for these semi-skilled positions is provided on-site for those looking to improve their skills. The company strives to create a stable work environment with long-term career opportunities for all employees. The construction of this facility will also create roughly$110,000 in additional property taxes. The project will greatly enhance the value of the property and surrounding area adding a modern facility to this currently vacant land. 5. Will the project have a positive economic impact on the community? Yes—This project is expected to create 17 jobs over the next 5 years and an additional 20-23 jobs in the subsequent 5 years. It will also promote the Utah location as well as Salt Lake City to all national and international customers. This building construction also creates an increase to the tax base with an estimated increase of $110,000 in annual real estate and property taxes. Additional employee spending is also expected in the areas surrounding the new facility. Jobs and economic growth are being provided to the Glendale area where the median household income is significantly below the state average and national average. 5. What social and physical benefits will be realized by the City? Job creation benefits the city by decreasing unemployment, increasing wages and providing opportunities for marginally skilled workers to enjoy stable employment and long term career opportunities. Cookietree provides full benefits including medical/dental/401k/STD/LTD to full time employees. The company considers medical insurance to be a significant benefit to the employee, their family, and the community. The community benefits greatly when a larger portion of its population maintains health insurance. Cookietree is a stable company that has not had layoffs in more than 10 years,even during the recent economic downturn. Additionally,the company donates thousands of dollars of product each year to a variety of local charities. The company's manufacturing processes do not have a negative environmental impact nor do they create disturbing/loud noises. In fact, instead of unpleasant industrial smells,the area in close proximity to the facility will enjoy the pleasant fragrance of freshly baked cookies. The physical benefits realized by the city include a brand new modernized manufacturing facility on a currently unutilized/vacant site. 7. Does the project contribute to the development of underutilized property in the City? This project includes the complete development of unutilized property just east of Bangerter Highway. The new building will be state of the art and the surrounding property will include xeriscaping and other land improvements. The location is in an industrial friendly area and the Cookietree runs a clean manufacturing process that will not create future environmental problems for the site. Cookietree is a well respected cookie manufacturer nationally&internationally, and the completion of this new facility will enhance the public's view of Salt Lake City as a business friendly city. Approximately 20%($7 million annually)of the company's sales are exported out of the United States which helps to offset the country's trade deficit. This new facility is to be built adjacent to Bangerter Highway which is frequented by people driving to and from Salt Lake International Airport and will be much more visually appealing than an empty field of dirt and weeds. 8. Does the project generate synergies for the development of surrounding properties? The new Cookietree facility will be similar in nature and scope to other facilities in the surrounding area. The company runs a clean manufacturing process and will not have a toxic impact on the environment or on neighboring businesses. 9. Does the project serve unmet needs of City residents? Yes-The project will create additional jobs in a lower-than-average income area of the city. Additionally the construction of the facility will provide a large project that will employ many people in the construction industry,and industry that is currently struggling throughout the state. PART C: FINANCIAL INFORMATION 1, Attachment B: Include audited financial statements of the applicant for the last three years. 2. Attachment C: Include operating statements. See Audited Financials 5. Amount of the proposed Industrial Revenue Bond: S5,500,000 it. Is an application for the State allocation required ° Yes E If so, when will the application be made? August 2011 e No Be aware that the allocation expires 90 days after approval by the State if the bonds are not sold. 5. Credit Enhancement.All publicly offered revenue bonds issued by the City on behalf of a Private Entity shall be credit enhanced by either a bond insurance policy issued by a `AAA'-rated municipal bond insurer,or by a direct-pay letter-of-credit from a financial institution with at least a `AA' rating. Evidence of the availability of such bond insurance or letter-of-credit shall be provided to the City with the initial application. Bond insurance:— N/A Direct-pay-letter-of-credit: N/A Provider: N/A Rating: N/A In case where the proposed bonds are to be sold on a private placement basis to a sophisticated investor or group of sophisticated investors,the City's credit enhancement requirement will be waived once the City has received written confirmation from a sophisticated Investor that it understands the risks associated with this type of investment and that under no circumstance will non-payment or a default on the bonds constitute or impose upon the City any financial obligation or liability. Sophisticated Investor: JP Morgan Chase Bank 6. Anticipated method and terms of bonding: 10 year fixed rate bond—20 year amortization Close between Nov-Dec 2011 7. What impact will the proposed expansion have on your company? The proposed expansion will immediately add an additional high volume dough production line, which will increase capacity. As described previously,the new facility will allow for future production lines to be added to support future anticipated sales growth. The larger facility will provide opportunities to explore new products where there is currently no space to integrate new equipment. The company is exploring opportunities to create cookie bars, scones and other similar items. It will also allow the company to consolidate all of its warehousing in the Salt Lake Valley to a w� single location. S. Identify your sources and uses of funds: Sources $5.5 million Tax exempt bonds $1.6 million Cash contribution Total -$7.1 million Uses $1.1 million—Land acquisition costs $760'.<—Land/Site development costs $274l<—Impact fees, permits, etc. $4.74—million--Building construction $96K—Bond Fees $13Ci<—Professional Fees, Construction Interest&other Soft Costs Total -$7.1 million 9. How will the bond be repaid? The bond will be repaid through cash flow from existing operations, along with the related reduction Amok in current building lease payments& debt. 10. Estimated annual tax revenue generated by project: Total Payroll Value Total Current Payroll Estimated in 1 Yr. Estimated in 5 Yrs, $6,900000 $7,176,000 $8,2 80,000 Property Valuations Current Valuation Estimated in 1 Yr. Estimated in 5 Yrs. Property $ -0- $7,1 million $7.1 million Equipment $2.45 million $4.45 million $9.75 million Gross Retail Taxable sales Current Taxable Sales Estimated in 1 Yr. Estimated in 5 Yrs. 5180,000 $198,000 8 290,000 Gross Wholesale sales Current Sales Estimated in 1 Yr. Estimated in 5 Yrs. 537,500,000 $41,250,000 S60,394,125 Total sales Current Sales Estimated in 1 Yr. Estimated in 5 Yrs. S37,680,000 $41,448,000 $60,684,1.25 11. Description of all collateral required to finance the project: 5.S acres of land located at 4010 West Advantage Circle,Salt Lake City, UT 95,000 sq ft manufacturing facility and related land improvements PART D: EMPLOYMENT INFORMATION 1. How many new jobs will be created, at what levels, and what percentage of the applicant's total payroll will they comprise? The company plans to immediately add one new high output dough production line and has plans to add a new high output bake line within the next five years. With these changes,along with anticipated sales growth,the company expects to add 17 new jobs within the next 5 years and an additional 20-23 jobs in the subsequent 5 years. Most of these jobs will be non-skilled and semi-skilled positions. Current payroll Est. payroll in 5 years* Est. payroll in 10 years* $6.9 million $7.35 million $8.06 million 6.5%increase 16.8% *This is strictly to show the effect of additional jobs on payroll figures and does not reflect expected raises or cost of living adjustments. 2. Specify the classification and number of permanent jobs created: Present Proposed 5 Year 10 Year Classification Employment Employment Projected Projected Executives/Mgrs. 9 9 9 9 Professionals 12 12 13 13 Craftsmen (Skilled) 10 10 12 13 Aimoitk Laborers(Unskilled). 47 56 65 74 Office/Clerical. 8 8 9 10 Services/Sales 3 3 3 4 Other(Semi-skilled). 42 50 61 72 Total 131 148 172 195 All of the jobs listed above are considered to be permanent positions. 3. For each type of employment classification, specify the average annual wage: Classification Current Average Annual Wage Executives/Mgrs. S142,113 Professions $58,650 Craftsmen (Skilled) $48,818 Laborers(Unskilled) 527,472_ __ Office/Clerical 835,530 Services/Sales 869,437 Other(Specify) $31,059 4. Specify the classification and number of temporary jobs created: All current and new positions will be permanent in nature. The company occasionally uses temporary workers in order to fill vacancies of permanent positions, however the company does not have any specific plans to employ temporary workers as part of this project. PART E:SIGNATURE(S) Ry:�� vu• � �"` Harold W Rosemann CFO/COO (Signalire cf Authorized R„presentative) (Please Print Name) Greg F Schenk CEO/President ; _..hnn--"Representat:ve) (Please Print Name) Date: 1,_:ne 23,2011 ATTACHMENT A: COMPANY SUMMARY COOKIETREE BAKERIES HISTORY Cookietree Bakeries is a food manufacturing company that produces cookies, brownies and scones. Our products are sold primarily to the Food Service industry. Many people have eaten our cookies without even knowing it. Our products are found in all types of restaurants, hotels, and convenience stores. You may have been served our products in an airport, on an airplane or even on a cruise ship. In addition our products can be found in specialty bakeries and club stores, throughout the world. With worldwide sales approaching $40 million we have national and international presence throughout North America as well as into Asia, Europe, and the Middle East. The company began business in 1981 as a small retail cookie shop in Provo, Utah. Its success was based on a special dough recipe loaded with high quality chocolate. From the very beginning, ordinary chips of chocolate were not good enough for a Cookietree cookie. Large chunks of pure chocolate were folded into the dough. In 1982 Cookietree had outgrown the retail shop and needed a larger baking facility. The company moved from Provo to Salt Lake City. In the new facility a freezer was added so the cookies could be baked and then frozen. This allowed the cookies to be shipped outside the local market and still be fresh when thawed. Within seven months, distribution of this new line of Thaw & Serve cookies extended to all of the western states. By 1983 Cookietree had outgrown that baking facility and moved again to a larger facility to accommodate their expanding business. Still located in the Salt Lake area the new facility was big enough to accommodate our growth until 1991. By 1988 Ccokietree's business extended all the way to Europe and Asia. In 1991 Cookietree moved into their current bakery plant. The company has grown from $5 million in sales in 1991 to nearly $40 million today. Through a program of continuous production improvements the current plant has been able to accommodate this growth. However, our facility is no longer adequate. Our growth is rooted in our ability to innovate and meet the needs of an ever changing Food Service industry. Today, The goal is to continue growing by expanding business around the world and introducing new cookie and non-cookie items. Since what we provide is unique snack and dessert solutions, we have a significant Research and Development Staff. In fact our R&D staff is the same size as our sales staff. _. .. ,. .r ril i .--„,-- , ---—---'1*---.2-:-.-,77--'4-'--r-':-.1-----a_,.] , •741t , -::1...,,1 if . i •r-.4. id ...-, ;:. \" • q i .- , ,..-. ._1 I ,;1_,:.T4 ---= _..-i,....-=.---.---7,_,-,7-f-__--,%,---;-_-_1,--,-F" _ ";•P 1 •,. i.••' '-,5 ' . . ' - _'-'_,,---.•:-..,.-...-=,-;.---_-'-_1‘• / IP;' t : `. ,' l'• 1i ,.• :/-4 0,:-1 -_TT,:-A.:-.. .:',-----71'.'?' • \ -_--- - ,,'. .-. ..1,ii'c• , 4-ii.1., ( -.7_,_,......1 . i „ !'• . ,'.- --. 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' ?'`- ..1 FEATURES e •._'h1':, High garnish-rich flavor and appearance +fin R•• �"�c 'J •Pc;fzctgoof-rxcnf&ushenrnreereu r• to tolerate ba'c.n�,ar:d hlidlin vanarces •Bake from frozen-no thawing required •Every frozen dough disc is the same size, • F t,f§' shape and wz.;g'(It guara n teeing ocnsa,2rc .fz}•y 1., '�`s^" xc hlo rrersuri.lp mixing or muss • YA- 1 ...: Variety cf lie ns s end sb-..s to tit air, • . ¢-�•— ,41 menu read n <<'-Y'ti'�il La'c: acl,;cl f r i , p e/s er hanc11,•'s . �U-- •Exact Niece ccu,t/;uaranteed quantities for • spaci.c.pJ`lion Cost a • FLAVORS 1.3 oz 2,0 oz 2.5 oz 4,0oz ` Milk_Chocolate Chunk 5610 5810 .. .a and sey�ve! ` DarkChocolateChunk 5611 5811 6209 Peanut Butter Chocolate. 5612 5812 :--- : w Double Fudge 5613 5813 - Raisin Oatmeal • 5614 5714 5814 6204 .: tav .; '.Milk Chocolate Macaroon. 5615 � °`:� �.,,h• ..a.h =C "i�.. Cared Cookie 5617 � '`" .-"t A . ` Butter Sugar 5619 5&19 a, " s� Peanut Gutter Chip _ 562E 572E 6203 r'`4 ,; :r ,'Fr•! 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'..;22;;!,r3i-e' '. •,.ti,i•_,..1--,L.7.--1.- aidcir.,.,. •----,1.- 1 c..coki.:-„,D.rn:1-. 1::),-. 2-1 -) -'",(I.5 -c.arreter c:_ol jos I •--• ... 1.'.,,..-.-.-: .1 • 11..---..,,F..... CAN::I,',"1-'x 11"D, ,••'..,'1-1 s:•:..;n) C.:••,-)::,.:••.,.c:.:,.•-,t. 4 13.7, Cap:: . _ Chunks -,,'_ COOKIETREE POSTER#80202 VI-5"t•-.A.:!,..,,e3,....1•L'.'Co:•!•,...:,.s tla .,.. • .-.!.: -:.I...)ui-oolo,[_,,li-..t.-oF-Ft P-cl-,asc as p ig as, _,_ L •t,..,..:• „ .,. ...4,.:4>..-:-; Doulders..-----,. •r),„:„,,,„,,o hc.n;-_,cT i:i...ec:•..71.,.,,:.1.1..:•,... •ei7,1%.",t 1.•.4tefe'.•\ GOOKILEITE TABLE TENT#30207 -' ,:l•-.i.',•:-.1'11- -; ,-,a4..;;',i'444.'-11 : = •5.•t...-;:c.L-r li.-.7.2!..-::.:1(1.c..2 t•-•.:'...:1..2:-.L . ,. ril./:,..-•.: --•-•7,4,;...--k r. Dir.1:::'sy,,,-, ti4f4;nazin,, ; •Di:;ID-,:,,.:II:7,-se,',..1:7,cco--,trs a;;(1 t;11.1cs 1,p-,X,;:fil -•.•".;1•1 5"A."\24":-I '::::%1:74‘:(j14/. 6 . ....rl 7..- ...f.s.o/ am•:-.,:-..,...,-n:. ...;*4.• -,..,',..,..,..-'; S..:t: •;"\V>,4.(., F-1•:. ' ''.V. - .. ..,•.;.:LI. . - -Ig... ..±. •-1. COOKIE ) invearimmt.s. k .1 FOR MORE INFORMATION CALL COOKIETREE AT I-800-998-0111 OR VISIT US AT\VWW.COOKIETREE.CON1 (•.,:,'..,1•........•,.rd t'-:.,C.,,:l..J;;;,:.,): -..arc t,D:',:7,-..7,1.3.4(2;- ., .;..2 I-c 0 D Kosi,r Cpr65erl •--.•- ft.1=,.--;.-,•,• rt.,us,,t, ;.',E•01--,•,:,•Is•a.,,c,s.,•,r,,-![,.....±-r-;.,i'r cf Coc.1..-2;,,,hc. Ow*M • iiS ;r1V;.14-711I5Za4174.-SL.2.; A. „,„ ,,„ (V) r/ B AKERIES 71}i, t i.. '�.�#.-/T_�i-, COOKIETREE, INC. Financial Statements As of and for the years ended September 30, 2009 and 2008 Together with Independent Auditors' Report . I ; I l .! 215 South State Street, Suite 800 Salt Lake City, Utah 84111 Telephone(801) 532-7444 Fax(801) 532-4911 www.tannerco.com TANNER LC THE CRITICAL KNC INDEPENDENT AUDITORS' REPORT '.�'LEC3E SOJRCE BUSINESS AD'J SORS AND CERTIFIED PJBLIC ACCOUNTANTS To the Board of Directors of Cookietree, Inc.: We have audited the accompanying balance sheets of Cookietree, Inc. (a Utah corporation) (the Company) as of September 30, 2009 and 2008, and the related statements of income, shareholders' equity and comprehensive income, and cash flows for the years then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Cookietree, Inc. as of September 30, 2009 and 2008, and the results of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. Te' L November 11, 2009 PKFNorth American Network "ries COOKIETREE, INC. Balance Sheets September 30, Assets 2009 2008 Current assets: Cash and cash equivalents $ 1,100,091 $ 1,142,403 Investments 2,550,456 1,716,856 Accounts receivable, net of allowance for doubtful accounts of approximately$19,500 and$18,800,respectively 1,676,1 16 1,545,933 Inventories 1,782,702 1,578,307 Prepaid expenses 52,472 47,526 Total current assets 7,161,837 6,031,025 Property and equipment,at cost. Machinery and equipment 6,520,044 5,997,861 Furniture and office equipment 443,284 490,603 • Leasehold improvements 442,450 436,984 Construction in progress 1,790 223,983 Vehicles 135,030 135,030 7,542,598 7,284,461 Less accumulated depreciation and amortization (5,223,876) (4,824,460) Net property and equipment 2,318,722 2,460,001 Other assets 371,217 362,572 Total assets $ 9,851,776 $ 8,853,598 Liabilities and Shareholders'Equity. Current liabilities: Accounts payable and accrued expenses $ 1,370,817 $ 1,874,053 Accrued distributions to shareholders 1,131,392 655,C73 Accrued payroll and payroll taxes 351,965 305,682 Current portion of notes payable 458,216 274.444 Total current liabilities 3,322,392 3,109,252 Notes payable,net of current portion 965,251 723.480 Commitments(Notes 2 and 5) Shareholders'equity: Common stock, no par value: Authorized 5,000,000 shares; outstanding 4,124,650 shares 567,453 567,453 Unrealized loss on marketable securities (637,108) (334,645) Retained earnings 5,633,758 4,788 053 Total shareholders'equity 5,554,103 5,020,836 Total habiiities and shareholders'equity $ 9,851,776 $ 8,853.593 See accompanying notes to financial statements. Odd COOKIETREE, INC. Statements of Income Years Ended September 30, 2009 2008 Net sales $ 30,999,934 S 32,307,850 Cost of sales 20,739,939 22,839,561 Gross margin 10,259,995 9,468,289 Operating expenses: Distribution 1,793,311 2,169,472 General and administrative 2,199,239 2,057,029 Marketing and selling 1,278,488 1,200,442 Total operating expenses 5,271,038 5,426,943 Operating income 4,988,957 4,041,346 Other income (expense): Interest expense (84,811) (75,479) Interest income 123,257 130,518 Other income '14,615 603 Total other income, net 53,061 55,642 Net income $ 5,042,018 $ 4,096,988 See accompanying notes to financial statements. 2 COOKIETREE, INC. Statements of Shareholders' Equity and Comprehensive Income Years Ended September 30, 2009 and 2008 Cumulative Unrealized Loss on Comprehensive Common Stock Marketable Retained Income Shares Amount Securities Earnings (Loss) Total Balance as of October 1, 2007 4,124,650 $ 567,453 $ - $ 4,495,550 $ 5,063,003 Unrealized loss on marketable securities - - (334,645) - $ (334,645) (334,645) Distributions paid or accrued to shareholders - - - (3,804,480) - (3,804,480) Net income - - - 4,096,988 4,096,988 4,096,988 Total comprehensive income $ 3,762,343 Balance as of September 30, 2008 4,124,650 567,453 (334,645) 4,788,058 5,020,866 Unrealized loss on marketable securities - - (302,463) - S (302,463) (302,463) Distributions paid or accrued to shareholders - - - (4,196,318) - (4,196,318) Net income - - - 5,042,018 5,042,018 5,042,018 Total comprehensive income $ 4,739,555 Balance as of September 30, 2009 4,124,650 $ 567,453 $ (637,108) $ 5,633,758 $ 5,564,103 See accompanying notes to financial statements. 3 ipre COOKIETREE, INC. Statements of Cash Flows Years Ended September 30, 2009 2008 Cash flows from operating activities: Net income $ 5,042,018 S 4,096,988 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization 567,979 515,170 Loss (gain)on disposal of property and equipment 1,072 (603) Changes in operating assets and liabilities: Accounts receivable, net (130,183) 284,715 Inventories (204,395) (27,624) Prepaid expenses (4,946) 12,737 Other assets (8,645) (92,676) Accounts payable and accrued expenses (503,2366) 180,030 Accrued payroll and payroll taxes 56,283 (139,146) Net cash provided by operating activities 4,815,947 4,829,591 Cash flows from investing activities: Net change in investments (1,136,063) 220,658 Purchase of property and equipment (427,802) (504,750) Proceeds from the sale of property and equipment 30 1,500 Net cash used in investing activities (1,563,835) (282.592) Cash flows from financing activities: Proceeds from issuance of notes payable 825,602 535,110 Principal payments on notes payable (400,027) (546,202) Distributions to shareholders (3,719,999) (3,846,824) Net cash used in financing activities (3,294,424) (3,854,916) Net(decrease) increase in cash and cash equivalents (42,312) 692,053 Cash and cash equivalents as of beginning of the year 1,142,403 450,320 Cash and cash equivalents as of end of the year $ 1,100,091 $ 1,142,403 Supplemental disclosure of cash flow information: Cash paid for interest $ 75,47 0 $ 74,325 Unrealized loss on marketable securities $ 302,463 $ 334,645 4 Ore oink COOKIETREE, INC. Notes to Financial Statements 1. Summary of Organization and Nature of Operations Significant Cookietree, Inc. (the Company), doing business as Cookietree Accounting Bakeries, is a Utah corporation that manufactures and sells thaw-and- Policies serve gourmet cookies, brownies, and frozen cookie dough. The Company sells its products to retailers, food distributors, and wholesale customers for distribution in the United States, Canada, Europe, and Asia. Revenue Recognition Revenue is recognized when products are shipped to the customer because persuasive evidence of an arrangement exists, delivery has occurred, the price to the buyer is fixed, and collectability is reasonably assured. Shipping and handling fees are included in the customer invoice price and recognized as revenue in the accompanying statements of income. Concentration of Credit Risk The Company maintains its cash in bank deposit accounts with balances that generally exceed federally insured limits. As of ,,,— September 30, 2009 and 2008, the Company had $1,325,491 and S1,261,221, respective of cash and cash equivalents in excess of federally insured amounts. To date, the Company has not experienced a material loss or lack of access to its invested cash or cash equivalents; however, no assurance can be provided that access to the Company's cash and cash equivalents will not be impacted by adverse conditions in the financial markets. Financial instruments that potentially subject the Company to concentration of credit risk consist primarily of receivables. In the normal course of business, the Company provides credit terms to its customers. Accordingly, the Company performs ongoing credit evaluations of its customers and maintains allowances for possible fosses on receivables which, when realized, have been within the range of management's expectations. Credit risk pertaining to receivables is comprised of numerous factors including the overall economic conditions in the geographic areas in which the Company's customers are located. Two customers accounted for 30% of the Company's revenues for the year ended September 30, 2009 and 34% for the year ended September 30, 2008. As of September 30, 2009 and 2008, three customers accounted for 28% of the Company's accounts receivable. 5 COOKIETREE, INC. Notes to Financial Statements Continued 1. Summary of Cash and Cash Equivalents Significant Cash and cash equivalents include cash in banks and bank short-term Accounting investments that primarily include highly liquid investments with original Policies maturities of three months or less when purchased. Continued Investments The Company classifies its marketable debt and equity securities as "available for sale". They are carried in the financial statements at fair value. Realized gains and losses, determined using the specific identification method, are included in earnings; unrealized holding gains and losses are included in cumulative unrealized loss on marketable securities as a separate component of shareholders' equity. The Company periodically evaluates whether any declines in the fair values of its available-for-sale securities are other than temporary. This evaluation consists of a review of qualitative and quantitative factors, including: available quoted market prices; recent financial results and operating trends of the company that issued the securities; other publicly available information; implied values from any recent financings by the company that issued the securities; and other conditions that indicate the value of the investments. Allowance for Doubtful Accounts The Company makes judgments as to its ability to collect outstanding trade receivables when collection becomes doubtful. Provisions are made based upon a specific review of significant outstanding invoices, with consideration given to customer financial wherewithal to pay, history of payments from the specific customer, and general economic trends. As of September 30, 2009 and 2008, the Company's receivables are net of an allowance for doubtful accounts of approximately $19,500 and $18,800, respectively. Pre COOKIETREE, INC. Notes to Financial Statements Continued 1. Summary of Inventories Significant Inventories are stated at the lower of first-in, first-out (FIFO) cost or Accounting market value. As of September 30, 2009 and 2008, inventories Policies consisted of the following: Continued 2009 2008 Finished goods $ 1,117,283 $ 977,599 Raw materials 482,059 421,935 Packaging supplies 78,485 81,092 Maintenance supplies 95,210 87,229 Displays and advertising materials 9,665 10,452 $ 1,782,702 $ 1,578,307 Property and Equipment Property and equipment are stated at cost. Depreciation and amortization are calculated using the straight-line method over the estimated useful lives of the related assets as follows: osow Estimated Useful Lives (Years) Machinery and equipment 3— 15 Furniture and office equipment 2—7 .Leasehold improvements (shorter of useful life or term of lease) 5 Vehicles 5 Upon retirement or other disposition of property and equipment, the cost and related accumulated depreciation and amortization are removed from the accounts. The resulting gain or loss is reflected in net income. Major renewals and betterments are capitalized while minor expenditures for maintenance and repairs are charged to expense as incurred. Other Assets Other assets consist of deposits on leased property of $12,569 as of September 30, 2009 and 2008, and a federal income tax deposit of $358,648 and $350,003 as of September 30, 2009 and 2008, respectively, which is required due to the combination of the Company's S corporation election and its fiscal year-end differing from the calendar year-end. COOKIETREE, INC. Notes to Financial Statements Continued 1. Summary of Shipping and Handling Expenses Significant Shipping and handling expenses incurred by the Company to ship Accounting products to its customers are included in distribution expenses in the Policies accompanying statements of income. Shipping and handling expenses Continued totaled $1,793,311 and $2,169,472 for the years ended September 30, 2009 and 2008, respectively. Research and Development Expenses Research and development costs are expensed as incurred. Included in cost of sales is $274,028 and $258,166 of research and development expenses for the years ended September 30, 2009 and 2008, respectively. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. Accounting for impairment of Long-Lived Assets The Company reviews its long-lived assets for impairment when events or changes in circumstances indicate that the carrying value of an asset may not be recoverable. The Company uses an estimate of future undiscounted net cash flows of the related asset over its remaining life in measuring whether it is recoverable, As of September 30, 2009, the Company has determined that none of its long-lived assets was impaired. Uncertain Tax Positions In June 2006, the FASB released guidance on accounting for uncertain tax positions. When this guidance is implemented, reporting entities will utilize different recognition thresholds and measurement requirements when compared to prior technical literature. On December 30, 2008, the FASB delayed the effective date for the implementation of this guidance for the accounting for uncertain tax positions. The Company is not required to implement the provisions of this guidance until fiscal years beginning after December 15, 2008. As such, the Company has not implemented this guidance in the September 30, 2009 financial statements. 8 A COOKIETREE, INC. Notes to Financial Statements Continued 1. Summary of The Company does not expect the adoption of the guidance relating to Significant uncertain tax positions to have a material effect on its financial position, Accounting results of operations, or cash flows. Since the provisions of the new Policies guidance for accounting for uncertain tax positions have not been Continued implemented, the Company continues to utilize its prior policy of accounting for these positions, following the guidance for accounting for contingencies. Disclosure is not required of a loss contingency involving an unasserted claim or assessment when there has been no manifestation by a potential claimant of an awareness of a possible claim or assessment unless it is considered probable that a claim will be asserted and there is a reasonable possibility that the outcome will be unfavorable. Using that guidance, as of September 30, 2009 and 2008, the Company had no uncertain tax positions that qualify for either recognition or disclosure in the financial statements. Subsequent Events mom Subsequent events have been evaluated through November 11, 2009, which is the date the financial statements were available to be issued. 2. Commitments Operating Leases The Company leases its operating facilities under a noncancelable operating lease that expires August 31, 2011. Rental expense for each of the years ended September 30, 2009 and 2008 was approximately $264,000. Total future minimum lease payments under the noncancelable operating lease as of September 30, 2009 are as follows: Year Ending September 30: 2010 $ 264,000 2011 242,000 a 506,000 Purchase Commitments In the normal course of business, the Company enters into purchase commitments to acquire certain raw materials used in the production of its products. These commitments vary in amount and quantities depending upon forecasted production. 9 Pre COOKIETREE, INC. Notes to Financial Statements Continued 3. Investments Investments consist of mutual funds and auction rate securities (ARS), long-term variable rate bonds tied to short-term interest rates that are reset through a "dutch auction" process which generally occurs every 7 to 35 days, and other variable rate debt and equity securities, Investments consisted of the following as of September 30, 2009: Fair Market Unrealized Cost Value Loss Mutual funds $ 3,162,564 $ 2,525,456 $ (637,108) Auction rate securities 25,000 25,000 - S 3,187,564 $ 2,550,456 S (637,108) Investments consisted of the following as cf September 30, 2008: Fair Market Unrealized Cost Value Loss Mutual funds 1,7 51,5,31 S 1,416,8-56 S (334,645) Auction rate securities 300,000 300,C00 - S 2,051,53 1 $ 1,7 16,856 S 1,334,645) In mid-February 2008, auctions began to fail due to insufficient buyers, as the amount of securities submitted for sale in auctions exceeded the aggregate amount of the bids. For each failed auction, the interest rate on the security moves to a maximum rate specified for each security, and generally resets at a level higher than specified short- term interest rate benchmarks. During 2009, the Company sold at par $275,000 of the ARS. To date, the Company has collected all interest due on ARS and expects to continue to do so in the future. Based on the liquidity available to the Company and its financial condition, management has the intent and ability to hold the ARS until they are repurchased by the bank or the issuer of the securities at face value or until the terms of the underlying securities expire. Therefore, no impairment has been recorded. 10 Ole COOKIETREE, INC. Notes to Financial Statements Continued 4. Fair Value The Company determines the fair value of financial assets using a Measurement specified fair value hierarchy. The objective of the fair value of Financial measurement of the Company's financial instruments is to reflect the Instruments hypothetical amounts at which the Company could sell an asset or transfer a liability in an orderly transaction between market participants at the measurement date (exit price). Three levels of inputs are used to measure fair value, as follows: • Level 1 inputs are quoted prices in active markets for identical assets that the reporting entity has the ability to access at the measurement date. • Level 2 inputs are other than quoted prices included within Level 1 that are observable for the asset, either directly or indirectly. • Level 3 inputs are unobservable inputs for the asset that are supported by little or no market activity and that are significant to the fair value of the underlying asset or liability. The following table summarizes the Company's financial instruments measured at fair value as of September 30, 2009: Level 1 Level 2 Level 3 Total Mutual funds $ 2,525,456 $ - $ - $2,525,456 Money market accounts 1,134,803 - - 1,134,803 Auction rate securities - - 25,000 25,000 $ 3,660,259 - S 25,000 $3,685,259 �1 Ole COOKIETREE, INC, Notes to Financial Statements Continued 4. Fair Value The change in fair values of assets valued using Level 3 inputs is Measurement summarized as follows: of Financial Instruments Auction Rate Continued Securities Balance as of October 1,2008 $ 300,000 Total gains or losses(realized/unrealized) _ Net purchases,issuances,and settlements (275,000) Transfer in and/or out of Level 3 Balance as of September 30,2009 S 25,000 The amount of total gains or losses for the period included in earnings attributable to the change in unrealized gains or losses relating to assets still held at the reporting date S _ Unrealized losses in marketable securities totaled $302,463 and $334,645 for the years ended September 30, 2009 and 2008, respectively, and were recorded in other comprehensive income. 5. Notes As of September 30, 2009 and 2008, the Company had notes payable Payable as follows: 2009 2008 Note payable to a bank, interest at $ 700,020 $ 5.41%, principal and interest due in monthly installments of$19,167, maturing in January 2013, secured by certain machinery and equipment Note payable to a bank, interest at 6.95%, principal and interest due in monthly installments of$12,608, maturing in July 2014, secured by certain machinery and equipment 400,669 519,604 S?. Pre COOKIETREE, INC. Notes to Financial Statements Continued 5. Notes 2009 2008 Payable Continued Note payable to a bank, interest at 6.09%, principal and interest due in monthly installments of$12,475, maturing in December 2013, secured by certain machinery and equipment 322,810 448,697 Note payable to a bank, interest at 5.05%, principal and interest due in monthly installments of$29,746, maturing in October 2008, secured by certain machinery and equipment - 29,623 Revolving line of credit with a bank with a $1,000,000 limit bearing interest at prime minus 1%with a floor of 5.0% (5.0 %as of September 30, 2009) due August 5, 2010, secured by accounts receivable, investments, and inventory - - Total notes payable 1,423,499 997,924 Less current portion (458,218) (274,444) $ 965,281 $ 723,480 The notes payable are due as follows: Year Ending September 30: 2010 $ 458,218 2011 486,661 2012 382,412 2013 94,890 2014 1,318 $ 1,423,499 13 011041 COOKIETREE, INC. Notes to Financial Statements Continued 6. Income The Company has elected, for federal and certain state income tax Taxes purposes, to include its taxable income with that of its shareholders (an S corporation election).Accordingly, the Company does not record a provision for federal and certain state income taxes that would otherwise be considered in the determination of net income had the Company not elected S corporation status. The tax provision applicable to states and municipalities that do not recognize S corporation status is included as a component of • operating income. The tax provision for the years ended September 30, 2009 and 2008 was approximately $16,000 and $12,000, respectively, and is included in general and administrative expenses in the accompanying statements of income. The Company records distributions to its shareholders when they are declared. The Company has typically made distributions as needed for the payment of the shareholders' federal and state income taxes; however, there is no obligation to make such distributions in the future. 7. International For the years ended September 30, 2009 and 2008, the Company Sales generated sales of approximately S6,240,000 and $4,392,000, respectively, from customer locations outside the United States consisting of Canada, Europe, and Asia. Sales to customers outside the United States were approximately 20% and 14% of net sales, respectively, for the years ended September 30, 2009 and 2008. • 8. Employee The Company has established the Cookietree, Inc. 401(k) Savings Benefit Plan Plan (the Plan). Employees who are 21 years of age or older are eligible for participation in the Plan. Employees may elect to contribute to the Plan up to 20% of their annual compensation. The Company makes a contribution which matches the first$500 contributed by each employee. However, the Company's contribution is limited to 3% of the employee's annual compensation (subject to federal limitations). The Company contributed approximately $38,000 and S49,000 to the Plan during the years ended September 30, 2009 and 2008, respectively. 14 "Plied I NN ER © j BUSINESS ADVISORS AND CERTIFIED CRITICAL KNOWLEDGE PUBLIC ACCOUNTANTS �rl PROACTIVE INSIGHT • 4 • . • • - OOKIETRE i E: COOKIETREE, It Financial Statements �e As of and For the Years Ended September 30, 2010 and 2009 NorthAmerica Together with Independent Auditors' Report - I Tanner LLC Pridl Key Bank Tower at City Creek 36 South State Street, Suite 600 Salt Lake City, Utah 84111-1400 Telephone(801) 532-7444 www.tannerco.com TANNER, nuouc Acc3uu.AArs INDEPENDENT AUDITORS' REPORT To the Board of Directors of Cookietree, Inc.: We have audited the accompanying balance sheets of Cookietree, Inc. (a Utah corporation) (the Company) as of September 30, 2010 and 2009, and the related statements of income, shareholders' equity and comprehensive income, and cash flows for the years then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America, Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation, We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Company. as of September 30, 2010 and 2009, and the results of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. pp November 9, 2010 Member of PKF_. North An,e:Ica pre COOKIETREE, INC. Balance Sheets • September 30, Assets 2010 2009 Current assets: Cash and cash equivalents $ 1,870,341 $ 1,100,091 Investments 2,755,773 2,550,456 Accounts receivable, net of allowance for doubtful accounts of approximately$26,300 and S19,500, respectively 2,262,944 1,676,116 Inventories 1,525,644 1,782,702 Prepaid expenses 54,352 52,472 Total current assets 8,469,054 7,161,837 Property and equipment, at cost: Machinery and equipment 6,514,047 6,520,044 Furniture and office equipment 456,706 445,074 Leasehold improvements 447,086 442,450 Vehicles 135,030 135,030 7,552,869 7,542,598 Less accumulated depreciation and amortization (5,681,911) (5,223,876) Net property and equipment 1,870,958 2,318,722 Other assets 487,489 371,217 Total assets $ 10,827,501 $ 9,851,776 Liabilities and Shareholders' Equity Current liabilities: Accounts payable and accrued expenses $ 1,828,804 $ 1,370,817 Accrued distributions to shareholders 1,224,639 1,131,392 Accrued payroll and payroll taxes 321,741 361,965 Current portion of notes payable 486,686 458,218 Total current liabilities 3,861,870 3,322,392 Notes payable, net of current portion 478,669 965,281 Commitments (Notes 2 and 5) Shareholders' equity: Common stock, no par value: Authorized 5,000,000 shares; outstanding 4,124,650 shares 567,453 567,453 Unrealized loss on marketable securities (579,468) (637,108) Retained earnings 6,498,977 5,633,758 Total shareholders'equity 6,486,962 5,564,103 Total liabilities and shareholders'equity $ 10,827,501 $ 9,851,776 See accompanying notes to financial statements. 1 COOKIETREE, INC. Statements of Income Years Ended September 30, 2010 2009 Net sales $ 33,145,656 $ 30,999,934 Cost of sales 22,283,157 20,739,939 Gross margin 10,862,499 10,259,995 Operating expenses: General and administrative 2,452,552 2,199,239 Distribution 1,829,613 1,793,311 Marketing and selling 1,265,105 1,278,488 Total operating expenses 5,547,270 5,271,038 Operating income 5,315,229 4,988,957 Other income (expense): Interest income 80,518 123,257 Interest expense (71,538) (84,811) Other income 9,486 14,615 Total other income, net '18,466 53,061 Net income $ 5,333,695 $ 5,042,018 See accenipafling notes to financial statements, 2 COOKIETREE, INC. Statements of Shareholders' Equity and Comprehensive Income Years Ended September 30, 2010 and 2009 Cumulative Unrealized Loss on Comprehensive Common Stock Marketable Retained Income Shares Amount Securities Earnings (Loss) Total Balance as of October 1, 2003 4,124,650 $ 567,453 $ (334,645) $ 4,788,058 $ 5,020,866 Unrealized losses on marketable securities - - (302,463) - $ (302,463) (302,463) Distributions paid or accrued to shareholders - - - (4,196,318) - (4,196,318) Net income - - - 5,042,018 5,042,018 5,042,018 Total comprehensive income $ 4,739,555 Balance as of September 30, 2009 4,124,650 567,453 (637,108) 5,633,758 5,564,103 Unrealized gains on marketable securities - - 57,640 - $ 57,640 57,640 Distributions paid or accrued to shareholders - - - (4,468,476) - (4,468,476) Net income - - - 5,333,695 5,333,695 5,333,695 Total comprehensive income $ 5,391,335 Balance as of September 30, 2010 4,124,650 $ 567,453 $ (579,468) $ 6,498,977 $ 6,486,962 See accompanying notes to financial statements. 3 COOKIETREE, INC. Ole Statements of Cash Flows Years Ended September 30, 2010 2009 Cash flows from operating activities: Net income $ 5,333,695 $ 5,042,018 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization 536,351 567,979 Loss on disposal of property and equipment - 1,072 Changes in operating assets and liabilities: Accounts receivable, net (586,828) (130,183) Inventories 257,058 (204,395) Prepaid expenses (1,880) (4,946) Other assets (116,272) (8,645) Accounts payable and accrued expenses 457,987 (503,236) Accrued payroll and payroll taxes (40,224) 56,283 Net cash provided by operating activities 5.839,887 4,815,947 Cash flows from investing activities: Net change in investments (147,677) (1,136,063) Purchase of property and equipment (88,587) (427,802) Proceeds from the sale of property and equipment - 30 Net cash used in investing activities (236,264) (1,563,835) Cash flows from financing activities: Distributions to shareholders (4,375,229) (3,719,999) Principal payments on notes payable (458,144) (400,027) Proceeds from issuance of notes payable - 825,602 Net cash used in financing activities (4,833,373) (3,294,424) Net increase (decrease)in cash and cash equivalents 770,250 (42,312) Cash and cash equivalents as of beginning of the year 1,100,091 1,142,403 Cash and cash equivalents as of end of the year S 1,870,341 $ 1,100,091 Supplemental disclosure of cash flow information: Cash paid for interest S 78,791 $ 75,479 Unrealized (gain) loss on marketable securities $ (57,640) $ 302,463 See accompanying notes to financial statements 4 COOKIETREE, INC. Notes to Financial Statements 1. Summary of Organization and Nature of Operations Significant Cookietree, Inc. (the Company), doing business as Cookietree Bakeries, is a Accounting Utah corporation that manufactures and sells thaw-and-serve gourmet Policies cookies, brownies, and frozen cookie dough. The Company sells its products to retailers, food distributors, and wholesale customers for distribution in the United States, Canada, Europe, and Asia. Revenue Recognition Revenue is recognized when products are shipped to the customer, persuasive evidence of an arrangement exists, the price to the buyer is fixed, and collectability is reasonably assured. Shipping and handling fees are included in the customer invoice price and recognized as revenue in the accompanying statements of income. Concentration of Credit Risk The Company maintains its cash in bank deposit accounts with balances that generally exceed federally insured limits. As of September 30, 2010 and 2009, the Company had $1,883,025 and $1,325,491, respectively, of cash and cash equivalents in excess of federally insured amounts. To date, the Company has not experienced a material loss or lack of access to its invested cash or cash equivalents; however, no assurance can be provided that access to the Company's cash and cash equivalents will not be Amok impacted by adverse conditions in the financial markets. , Financial instruments that potentially subject the Company to concentration of credit risk consist primarily of receivables. In the normal course of business, the Company provides credit terms to its customers. Accordingly, the Company performs ongoing credit evaluations of its customers and maintains allowances for possible losses on receivables which, when realized, have been within the range of management's expectations, Credit risk pertaining to receivables is comprised of numerous factors including the overall economic conditions in the geographic areas in which the Company's customers are located. Two customers accounted for a total of 25% of the Company's revenues for the year ended September 30, 2010 and a total of 30% for the year ended September 30, 2009, As of September 30, 2010 and 2009,three customers accounted for a total of 31% and 28%, respectively, of the Company's accounts receivable. Cash and Cash Equivalents Cash and cash equivalents include cash in banks and bank short-term investments that primarily include highly liquid investments with original maturities of three months or less when purchased. r 5 COOKIETREE, INC. Notes to Financial Statements Continued 1. Summary of Investments Significant The Company classifies its marketable debt and equity securities as Accounting "available for sale". They are carried in the financial statements at fair value. Policies Realized gains and losses, determined using the specific identification Continued method, are included in earnings; unrealized holding gains and losses are included in cumulative unrealized loss on marketable securities as a separate component of shareholders' equity. The Company periodically evaluates whether any declines in the fair values of its available-for-sale securities are other than temporary. This evaluation consists of a review of qualitative and quantitative factors, including: available quoted market prices; recent financial results and operating trends of the company that issued the securities; other publicly available information; implied values from any recent financings by the company that issued the securities; and other conditions that indicate the value of the investments. Allowance for Doubtful Accounts The Company makes judgments as to its ability to collect outstanding trade receivables. Provisions are made based upon a specific review of significant outstanding invoices, with consideration given to customer financial wherewithal to pay, history of payments from the specific customer, and general economic trends. As of September 30, 2010 and 2009, the Company's receivables are net of an allowance for doubtful accounts of approximately $26,300 and $19,500, respectively. Inventories Inventories are stated at the lower of first-in, first-out (FIFO) cost or market value. As of September 30, 2010 and 2009, inventories consisted of the following: 2010 2008 Finished goods $ 012,143 $ 1,117,283 Raw materials 448,168 482;059 Maintenance supplies 93,835 95,210 Packaging supplies 63,013 78,485 Displays and advertising materials 8,485 9,665 $ 1,525,644 $ 1,782,702 6 .1 lid COOKIETREE, INC. Notes to Financial Statements Continued 1. Summary of Property and Equipment Significant Property and equipment are stated at cost. Depreciation and amortization are Accounting calculated using the straight-line method over the estimated useful lives of Policies the related assets as follows: Continued • Estimated Useful Lives (Years) Machinery and equipment 3— 15 Furniture and office equipment 2—7 Leasehold improvements (shorter of useful life or term of lease) 5 Vehicles 5 Upon retirement or other disposition of property and equipment, the cost and related accumulated depreciation and amortization are removed from the accounts. The resulting gain or loss is reflected in net income. Major renewals and betterments are capitalized while minor expenditures for maintenance and repairs are charged to expense as incurred. Other Assets Other assets consist of a federal income tax deposit of $487,489 as of September 30, 2010, and a combination of deposits on leased property of $12,569 and a federal income tax deposit of$358,648 as of September 30, "' ° 2009. The federal income tax deposit is required due to the combination of the Company's S corporation election and its fiscal year-end differing from the calendar year-end. Shipping and Handling Expenses Shipping and handling expenses incurred by the Company to ship products to its customers are included in distribution expenses in the accompanying statements of income. Shipping and handling expenses totaled $1,829,513 and $1,793,311 for the years ended September 30, 2010 and 2009, respectively. Research and Development Expenses Research and development costs are expensed as incurred. Included in cost of sales is $355,907 and $290,504 of research and development expenses for the years ended September 30, 2010 and 2009, respectively. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. .00044, COOKIETREE, INC. Notes to Financial Statements Continued 1. Summary of Accounting for Impairment of Long-Lived Assets Significant The Company reviews its long-lived assets for impairment when events or Accounting changes in circumstances indicate that the carrying value of an asset may Policies not be recoverable. The Company uses an estimate of future undiscounted Continued net cash flows of the related asset over its remaining life in measuring whether it is recoverable. As of September 30, 2010, the Company has determined that none of its long-lived assets was impaired. Subsequent Events Subsequent events have been evaluated through November 9, 2010, which is the date the financial statements were available to be issued. 2. Commitments Operating Leases The Company leases its operating facilities under a noncancelable operating lease that expires August 31, 2011. Rental expense for each of the years ended September 30, 2010 and 2009 was approximately $264,000. Total future minimum lease payments under the noncancelable operating lease as of September 30, 2010 is $242,000. Purchase Commitments In the normal course of business, the Company enters into purchase commitments to acquire certain raw materials used in the production of its products. These commitments vary in amount and quantities depending upon forecasted production. 3. Investments Investments consist of mutual funds and other variable rate debt and equity securities. Investments consisted of the following as of September 30, 2010: Fair Market Unrealized Cost Value Loss Mutual funds $ 3,335,241 $ 2 755,773 $ (579,458) Investments consisted of the following as of September 30, 2009: Fair Market Unrealized Cost Value Loss Mutual funds $ 3,162,564 $ 2,525,456 $ (637,108) Auction rate securities 25,000 25,000 $ 3,187,564 $ 2,550,456 $ (637,108) During the fiscal year ended September 30, 2010, the Company sold at par the remaining $25,000 of the auction rate securities. e V Ire COOKIETREE, INC. Notes to Financial Statements Continued 4. Fair Value The Company determines the fair value of financial assets using a specified Measurement fair value hierarchy. The objective of the fair value measurement of the of Financial Company's financial instruments is to reflect the hypothetical amounts at Instruments which the Company could sell an asset or transfer a liability in an orderly transaction between market participants at the measurement date (exit price). Three levels of inputs are used to measure fair value, as follows: • Level 1 inputs are quoted prices in active markets for identical assets that the reporting entity has the ability to access at the measurement date. • Level 2 inputs are other than quoted prices included within Level 1 that are observable for the asset, either directly or indirectly. • Level 3 inputs are unobservable inputs for the asset that are • supported by little or no market activity and that are significant to the fair value of the underlying asset or liability. The following table summarizes the Company's financial instruments measured at fair value as of September 30: 2010 Level 1 Level 2 Level 3 Total Mutual funds $ 2,755,773 $ - $ - $ 2,755,773 Money market accounts 1,848,893 - - 1,848,893 $ 4,604,666 $ - $ - $ 4,604,666 2009 Level 1 Level 2 Level 3 Total Mutual funds $ 2,525,456 $ - $ - S 2,525,456 Money market accounts 1,134,803 - - 1,134,803 Action rate securities - - 25,000 25,000 $ 3,660,259 $ - $ 25,000 $ 3,685,259 , 9 COOKIETREE, INC. Notes to Financial Statements Continued 4. Fair Value The change in fair values of assets valued using Level 3 inputs is Measurement summarized as follows: of Financial instruments Auction Rate Continued Securities Balance as of October 1, 2008 S 300,000 Total gains or losses(realized/unrealized) _ Net purchases, issuances, and settlements (275,000) Transfer in and/or out of Level 3 Balance as of September 30, 2009 25,000 Total gains or losses(realized/unrealized) Net purchases, issuance,and settlements (25,000) Transfer in and/or out of Level 3 Balance as of September 30, 2010 S The amount of total gains or losses for the period included in earnings attributable to the change in unrealized gains or losses relating to assets still held at the reporting date $ _ The Company had unrealized gains in marketable securities of $57,640 for the year ended September 30, 2010 and unrealized losses of $302,463 for the year ended September 30, 2009. Unrealized gains and losses are recorded in other comprehensive income. 5. Notes As of September 30, 2010 and 2009, the Company had notes payable as Payable follows: 2010 2009 Note payable to a bank, interest at 5.41%, principal and interest due in monthly installments of$19,167, maturing in January 2013, secured by certain machinery and equipment $ 503,114 $ 700,020 Note payable to a bank, interest at 6,95%, principal and interest due in monthly installments of$12,608, maturing in July 2014, secured by certain machinery and equipment 273,197 400,669 Note payable to a bank, interest at 6.09%, principal and interest due in monthly installments of$12,475, maturing in December 2013, secured by certain machinery and equipment 189,044 322,810 10 re COOKIETREE, INC. Notes to Financial Statements Continued 5. Notes 2010 2009 Payable Continued Revolving line of credit with a bank with a $1,000,000 limit bearing interest at prime minus 1%with a floor of 5.0% (5.0 % as of September 30, 2010)due September 5, 2011, secured by accounts receivable, investments, and inventory - - Total notes payable 965,355 1,423,499 Less current portion (486,686) (458,218) $ 478,669 $ 965,281 Maturities of the notes payable are as follows: Year Ending September 30: 2011 S 486,686 2012 382,461 2013 94,890 2014 1,318 $ 965,355 6. Income The Company has elected, for federal and certain state income tax Taxes purposes, to include its taxable income with that of its shareholders (an S corporation election). Accordingly, the Company does not record a provision for federal and certain state income taxes that would otherwise be considered in the determination of net income had the Company not elected S corporation status. The tax provision applicable to states and municipalities that do not recognize S corporation status is included as a component of operating income. The tax provision for the years ended September 30, 2010 and 2009 was approximately $18,000 and $16,000, respectively, and is included in general and administrative expenses in the accompanying statements of income. The Company records distributions to its shareholders when they are declared. The Company has typically made distributions as needed for the payment of the shareholders' federal and state income taxes; however, there is no obligation to make such distributions in the future. COOKIETREE, INC. Notes to Financial Statements Continued 6. Income Effective October 1, 2009, the Company implemented the accounting Taxes guidance for uncertainty in income taxes using the provisions of Financial Continued Accounting Standards Board (FASB) ASC 740, Income Taxes. Using that guidance, tax positions initially need to be recognized in the financial statements when it is more-likely-than-not the position will be sustained upon examination by the tax authorities, As of September 30, 2010, the Company had no uncertain tax positions that qualify for either recognition or disclosure in the financial statements. 7. International For the years ended September 30, 2010 and 2009, the Company Sales generated sales of approximately$7,650,000 and $6,240,000, respectively, from customer locations outside the United States consisting of Canada, Europe, and Asia. Sales to customers outside the United States were approximately 23% and 20% of net sales, respectively, for the years ended September 30, 2010 and 2009. 8. Employee The Company has established the Cookietree, Inc. 401(k) Savings Plan Benefit Plan (the Plan). Employees who are 21 years of age or older are eligible for participation in the Plan. Employees may elect to contribute to the Plan up to 20% of their annual compensation. The Company makes a contribution which matches the first $500 contributed by each employee. However, the Company's contribution is limited to 3% of the employee's annual compensation (subject to federal limitations). The Company contributed approximately $43,000 and $38,000 to the Plan during the years ended September 30, 2010 and 2009, respectively. 12 August 4,2011 Council Work Session-request to rezone property located between 519 and 575 North 300 West from Residential Mixed Use R-MU to Commercial Business CB. Howa Capital,LLC,-Petition PLNPCM20 1 1-000096 (Marmalade West) • This action would allow office uses and a coffee shop with a drive-thru window to be located in the existing building.The uses are not permitted in the Residential Mixed Use zoning district. • • A Council staff report was not prepared for this item. • COUNCIL PROCESS: The applicant has requested an expedited process in order to complete their development. The Council is scheduled to receive a briefing at the August 9th Work Session.Zoning regulation changes require public hearing advertising a minimum of 12 days prior to the hearing. lithe Council is comfortable moving this item forward, Council staff has identified the following tentative dates: • August 9,2011 Confirm public hearing date • August 23,2011 Council public hearing&possible action SCANNED TO: /ti - Y. SCANNED BY, T- o T DATE: -7 / 5/1► FRANK B. GRAY S `a�'�����••I� r►� � �^°�� RALPH BECKER DIRECTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MAYOR OFFICE OF THE DIRECTOR I ! DE LA MARE-SCHAEFER DEPUTY DIRECTOR RECEIVED RECEIVED ROBERT FARRINGTON, JR.DEPUTY DIRECTOR - µ I I JUL ///��,�ry�11 SLC COUNCIL OFFICE CITY COUNCIL TRANSMITTALSalt Lake City Mayor Date Received: 67 f/572b If David Ev ritt, hi of Staff Date sent to Council: 0772./ite// TO: Salt Lake City Council DATE: June 23, 2011 Jill Remington Love, Chair :144FROM: Frank Gray, CED Director ;c `' SUBJECT: Petition PLNPCM2011-00096: Marmalade West Rezone STAFF CONTACTS: Ray Milliner, Principal Planner(801) 535-7645 ray.milliner@slcgov.com DOCUMENT TYPE: Ordinance COMMISSION MOTION & FINDINGS: Commissioners Dean, Drown, Gallegos, Hill, Luke, McHugh, and Woodhead all voted"aye". The vote passed 7-0. Commissioners De Lay and Wirthlin did not vote. RECOMMENDATION: That the City Council hold a briefing and schedule a Public Hearing BACKGROUND/DISCUSSION: This is a request to rezone the areas on the west side of 300 West between 500 North and 600 North from Residential Mixed Use (R-MU)to Commercial Business (CB). The purpose of the proposal is to enable drive-through and office uses on the property. Neither use is allowed in the R-MU zone. Proposed Zone: The applicant is requesting a change from R-MU to CB. The CB allows a mixed array of uses including multi-family residential, commercial retail, restaurants, and offices. Staff has reviewed the project, and is recommending that the property be rezoned. The following is a summary of the purposes of the R-MU and CB zones. 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 Petition PLNPCM2011-00096 Marmalad Ireu g: 1 801-535-6230 FAX: 801-535-6005 ..t.t- WWW.SLCGOV.COM/CED Is �� REcrcLEc PAPER residential urban neighborhoods containing supportive retail, service commercial, and small 010.0.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. Setbacks Allowed Height Lot Coverage Density R-MU No Setback 75 feet for 20% open space No minimum lot area on front and mixed use. 45 for mixed and required for multi-family side. 25% feet for residential uses structures. of lot depth nonresidential for the rear. buildings CB No setback 30 feet. 15,000 square No minimum. on front or feet gross floor side. 10' in area permitted. the rear. Anything larger is a conditional use The Planning Commission reviewed this petition and conducted a public hearing on June 8, 2011. At the meeting, the Commission reviewed the project and the Commission forwarded a positive recommendation to the City Council. Master Plan Considerations The land proposed for the zoning map amendment is subject to the Capitol Hill Master Plan. The area is featured as "Medium Mixed Use" on the future land use map, and is identified as being within the "West Capitol Hill"neighborhood. Numerous passages in the plan emphasize the need to create commercial areas that are compatible with the existing residential neighborhoods on both sides of 300 West. Passages include: • Maintain existing neighborhood oriented commercial land uses and encourage new neighborhood commercial uses in areas where appropriate such as 300 West. • Provide improvements along 300 West to make 300 West less of a barrier and to allow the residential areas west of 300 West to more closely tie into the existing residential area east of 300 West. • Provide for commercial establishments which minimize the impacts of nonresidential land uses on the residential community. Although the CB zone does not have "Mixed Use" as part of its title, the zone allows for a wide array of uses generally considered mixed uses, such as multi-family residential, office, and retail. The Planning Commission found that the change to CB zone will be consistent with the Medium Mixed Use designation on the future land use map. Further,the Commission found that the CB zone will be consistent with the policies and goals of the Capitol Hill Master Plan, since the purpose statement specifically states the zone is "intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods." Petition PLNPCM2011-00096 Marmalade West Rezone 2 PUBLIC PROCESS: The project was reviewed by the Capitol Hill Community Council on May 18, 2010. Comments from the meeting were favorable. Members stated that they like the project, and that they would like to see it become successful. The request received unanimous approval from all members present in a straw poll. On June 8, 2011 the Planning Commission conducted a public hearing. The Planning Commission passed a motion to transmit a favorable recommendation to the City Council. The vote was 7 in favor 0 against. RELEVANT ORDINANCES Amendments to the Zoning Ordinance and Maps are authorized under Section 21A.50 of the Salt Lake City Zoning Ordinance, as detailed in Section 21A.50.050: "A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard." It does, however, list five standards, which should be analyzed prior to rezoning property (Section 21A.50.050 A-E). The five standards are discussed in detail starting on page 5 of the June 8, 2011 Planning Commission Staff Report (Attachment 5B). Petition PLNPCM120 1 1-00096 Marmalade West Rezone 3 TABLE OF CONTENTS 1. CHRONOLOGY 2. ORDINANCE 3. CITY COUNCIL PUBLIC HEARING NOTICE 4. MAILING LABELS 5. PLANNING COMMISSION 5.A. POSTMARK OF PLANNING COMMISSION NOTICE 5.B. JUNE 8, 2011 PLANNING COMMISSION STAFF REPORT 5.C. PLANNING COMMISSION MINUTES FOR JUNE 8, 2011 6. ORIGINAL PETITION PROJECT CHRONOLOGY Petition: PLNPCM2011-00096 March 9, 2011 Petition received by Planning. April 8, 2011 Petition Assigned to Ray Milliner for staff analysis and processing May 18, 201 1 Petition reviewed by Capitol Hill Community Council May 27, 2011 Planning Commission hearing notice was published in the paper and notices were mailed to adjacent property owners. June 8, 2011 Planning Commission reviewed petition, conducted a public hearing and voted 7-0 to forward a positive recommendation to the City Council. June 22, 2011 Planning Commission ratified minutes for June 8, 2011 meeting. June 24, 2011 Staff requests ordinance from City Attorney's office. June 29, 2011 Staff received draft of proposed ordinance from City Attorney's Office. SALT LAKE CITY ORDINANCE No. of 2011 (Amending the zoning map pertaining to property located between 519 and 575 North 300 West from Residential Mixed Use (R-MU) to Commercial Business (CB)) An ordinance amending the zoning map to re-zone property located between 519 and 575 North 300 West from Residential Mixed Use (R-MU) to Commercial Business (CB) pursuant to Petition No. PLNPCM2011-00096. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a public hearing on June 8, 2011 on an application submitted by Howa Capitol LLC ("Applicant") to amend the City's zoning map to re-zone property located between 519 and 575 North 300 West (the "Property") from Residential Mixed Use (R-MU) to Commercial Business (CB) pursuant to Petition No. PLNPCM2011-00096; and WHEREAS, at its June 8, 2011 meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council ("City Council") on said applications; 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 Property located between 519 and 575 North 300 West (Tax ID Nos. 05-36-204-020, 05-36-204-022, OS-36-204-032, 0S-36-204-02 7, OS-36-204-02S, 05-36-204-029, 05-36-204-030), and which is more particularly described on Exhibit"A" attached hereto, shall be and hereby is re-zoned from Residential Mixed Use (R-MU) to Commercial Business (CB). 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: 0104, CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER APPROVED AS TO FORM Salt Lake City Attomey's Office (SEAL) a) Zd Date: Bill No. of 2011. By. - Published: ul C.Nielson,Se, or City Attorney H13 ATTI'-PIS-i;-sI-Or dmancerezuninef los a_propenles doe d'H11ar' 2 Exhibit A: Property Description BEGINNING AT THE NORTHEAST CORNER BLOCK 133, PLAT A, SALT LAKE CITY SURVEY, AND RUNNING THENCE SOUTH 00°02'52" WEST ALONG THE EASTERLY LINE OF SAID BLOCK 133, 521.82 FEET TO A POINT SOUTH 00°02'52"WEST ALONG SAID EASTERLY LINE 26.64 FEET FROM THE SOUTHEAST CORNER OF LOT 8 OF SAID BLOCK 133; THENCE NORTH 89°54'03" WEST 131.66; THENCE NORTH 00°02'45" EAST 155.06 FEET; THENCE NORTH 89°53'28" WEST 16,83 FEET; THENCE NORTH 00°02'45" EAST 73.33 FEET; THENCE SOUTH 89°53'28" EAST 16.83 FEET; THENCE NORTH 00°02'45" EAST 146.80 FEET; THENCE NORTH 89°53'11" WEST 16.32 FEET; THENCE NORTH 00°02'45" EAST 40.35 FEET; THENCE SOUTH 89°53'11" EAST 16.32 FEET; THENCE NORTH 00°02'45" EAST 106.33 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLOCK 133; THENCE SOUTH 89°52'54" EAST ALONG SAID NORTHERLY LINE 131.68 FEET TO THE POINT OF BEGINNING. 3 NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2011-00096 Marmalade West Rezone - A request by Howa Capital LLC to rezone the areas on the west side of 300 West between 500 North and 600 North from Residential Mixed Use (R-MU) to Commercial Business (CB). The purpose of the proposal is to enable drive-through and office uses on the property. The subject property is located in Council District 5, represented by Stan Penfold. • As part of their 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 & County Building 451 South State Street Salt Lake City, Utah If you have any questions relating to this proposal or would like to review the file, please call Ray Milliner at 801-535-7645 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at ray.millinen27 slcaov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to attend this hearing. 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. Division at (801) 535-7757; TDD (801) 535- 6021. [08-36-177-030-0000] [08-36-209-023-0000] [08-36-202-002-0000] FOCANTI, LUIGI&STEPHANIE;JT MORAN,WILLIAM M,II.&MARY E;JT M S C INC 1310 E ORANGE GROVE BLVD 1 BOXWOOD 5675 S VALLEY VIEW IASADENA,CA 91104-3058 KIRKWOOD,MI 63122 LAS VEGAS, NV 89118- [08-36-176-025-0000] [08-36-204-031-0000] [08-36-128-011-0000] NELDEN,LINDA E;TR(LLEN TRUST) SHAARAY PROPERTIES LLC TESORO WEST COAST COMPANY PO BOX 8000 PO BOX 711 13111 NORTHWEST FWY #125 MESQUITE,NV 89024-8000 DALLAD,TX 75221-0711 HOUSTON,TX 77040-6321 [08-36-129-011-0000] [08-36-129-005-0000] [08-36-201-006-0000] CARD,JAMES R&NORMA;TRS HANSEN, HELEN V;TR(HVH FM TR) LISKA, MICHAEL 1035 ARLINGTON WAY 2878 E BENGAL BLVD 6861 S VIRGINIA HILLS DR BOUNTIFUL,UT 84010-2304 COTTONWOOD HTS,UT 84121-5202 COTTONWOOD HTS, UT 84121-3409 [08-36-126-006-0000] [08-36-129-024-0000] [08-36-129-018-0000] KODIAK PROPERTIES LLC COOK,ROD COOK, ROD 1582 W RANCH RD 482 N 1300 E 482 N 1300 E FARMINGTON, UT 84025 HEBER, UT 84032 HEBER CITY, UT 84032-3102 [08-36-127-002-0000] [08-36-127-003-0000] [08-36-177-010-0000] HAMMOND LEASING LLC HAMMOND LEASING LLC HANSEN LANCE PARTNERSHIP 11199 N 5730 W 11199 N 5730 W 2120 E 3900 S #301 HIGHLAND,UT 84403- HIGHLAND,UT 84403- HOLLADAY, UT 84124-1912 [08-36-177-008-0000] [08-36-177-009-0000] [08-36-177-041-0000] HANSEN LANCE PARTNERSHIP HANSEN LANCE PARTNERSHIP BOUNDER, DAVID 2120 E 3900 S #301 2120 E 3900 S #301 2045 E 6060 S HOLLADAY,UT 84124-1912 HOLLADAY,UT 84124-1912 HOLLADAY, UT 84121-1449 [08-36-177-042-0000] [08-36-254-004-0000] [08-36-254-005-0000] BOLINDER, DAVID V BRISCOE, NORMA S&ROSCOE E;TRS BRISCOE, NORMA S&ROSCOE E;TRS 2045 E 6060 S 2681 E CASTO LN 2681 E CASTO LN HOLLADAY, UT 84121-1449 HOLLADAY,UT 84117-6354 HOLLADAY, UT 84117-6354 [08-25-457-016-0000] [08-36-177-001-0000] [08-36-252-016-0000] BRINTON, PAUL H MCCUNE,CRAIG&SHARON;JT PORTER ROCKWELL EXECUTIVE SUITES 5558 S INDIAN ROCK RD 4502 S STRATTON DR 2525 W 1050 N HOLLADAY,UT 84117-7820 HOLLADAY, UT 84117-5557 HURRICANE, UT 84737 [08-36-201-012-0000] [08-36-254-009-0000] [08-36-254-017-0000] PORTER ROCKWELL EXECUTIVE SUITES LLC E T PROPERTIES LLC; ET AL E T PROPERTIES LLC; ET AL 2525 W 1050 N 269 ELFIN COVE CIR 269 ELFIN COVE CIR HURRICANE, UT 84737 IVINS, UT 84738 IVINS, UT 84738 36-254-022-0000] [08-36-254-023-0000] [08-25-453-031-0000] t T PROPERTIES LLC; ET AL E T PROPERTIES LLC; ET AL TOMKAT PROPERTIES LLC 269 ELFIN COVE CIR 269 ELFIN COVE CIR 9266 PAR COURT IVINS,UT 84738 IVINS, UT 84738 PARK CITY, UT 8409S [08-36-254-008-0000] [08-36-129-007-0000] [08-36-252-006-0000] PLATT,JOSEPHINE J;TR OVERSON,BLAINE&ANNETTE;JT BALOGH, MICHAEL&SUSAN;JT 727 S 1100E 428 W 200 N 32 W 200 S #409 SALT LAKE CITY,UT 84102-3706 SALT LAKE CITY,UT 84103-1110 SALT LAKE CITY,UT 84101 .00044k, [08-36-252-007-0000] [08-36-254-063-0000] [08-36-252-005-0000] BALOGH, MICHAEL&SUSAN;JT CURLEW ENTERPRISES, LLC SCHMIDT, RONALD&AUSBECK, HOLLY;JT 32 W 200 S #409 404 N 300 W 427 N 300 W SALT LAKE CITY,UT 84101 SALT LAKE CITY, UT 84103-1217 SALT LAKE CITY, UT 84103-1218 [08-36-252-017-0000] [08-36-251-010-0000] [08-36-254-057-0000] SCHMIDT, RONALD&AUSBECK, HOLLY;JT ZUZO,DZEMAL&DZENETA;TC MCKEOWN,TERRY 427 N 300 W 443 N 300 W 452 N 300 W SALT LAKE CITY,UT 84103-1218 SALT LAKE CITY,UT 84103-1220 SALT LAKE CITY,UT 84103-1219 [08-36-251-008-0000] [08-36-254-002-0000] [08-36-204-018-0000] HEATH,JOHN E&PAIGE;JT PARTINGTON,JACK K PARTINGTON,JACK K 457 N 300 W 480 N 300 W 480 N 300 W SALT LAKE CITY,UT 84103-1220 SALT LAKE CITY, UT 84103-1219 SALT LAKE CITY, UT 84103-1219 [08-36-254-001-0000] [08-36-201-020-0000] [08-36-202-016-0000] PARTINGTON, MILDRED V. 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[08-36-129-036-0000] [08-36-204-010-0000] [08-36-204-009-0000] OBRADOVIC,ILIJA&ANDJELKA; IT KREZOWSKI, KATHLEEN&JOSEPH;)T HOLLY,SUZETTE L 539 N PUGSLEY ST 540 N PUGSLEY ST 542 N PUGSLEY ST SALT LAKE CITY,UT 84103-1328 SALT LAKE CITY,UT 84103-1333 SALT LAKE CITY, UT 84103-1333 [08-36-129-034-0000] [08-36-204-008-0000] [08-36-204-007-0000] BANFORD, KAREN HILL, MIMI E EINSIDLER,GRETCHEN 545 N PUGSLEY ST 548 N PUGSLEY ST 552 N PUGSLEY ST SALT LAKE CITY,UT 84103-1328 SALT LAKE CITY, UT 84103-1333 SALT LAKE CITY, UT 84103-1333 [08-36-204-006-0000] [05-36-204-005-0000] [08-36-129-025-0000] BOLAND, HENRY G WILSON, CHERYL) EGGERT, RANDALL H&BARRAL, FRANCE B;JT 556 N PUGSLEY ST 562 N PUGSLEY ST 563 N PUGSLEY ST SALT LAKE CITY, UT 84103-1333 SALT LAKE CITY,UT 84103-1333 SALT LAKE CITY, UT 84103-1328 [08-36-204-004-0000] [08-36-129-022-0000] [08-36-204-036-0000] RIVERS, RICHARD D COWDRICK,TIMOTHY L BUSH, COBY D 564 N PUGSLEY ST 571 N PUGSLEY ST 574 N PUGSLEY ST SALT LAKE CITY, UT 84103-1333 SALT LAKE CITY, UT 84103-1328 SALT LAKE CITY, UT 84103-1333 [08-36-129-021-0000] [08-36-201-007-0000] [08-36-201-026-0000] OLVERA,VALENTIN CHAINE, M R BEAU MULLANEY, MATTHEW 575 N PUGSLEY ST 620 N PUGSLEY ST 640 N PUGSLEY ST SALT LAKE CITY,UT 84103-1328 SALT LAKE CITY, UT 84103-1329 SALT LAKE CM, UT 84103-1329 36-201-024-0000] [08-36-201-002-0000] [08-36-127-013-0000] ,LJLLANEY, MATTHEW E MEYERS HONEY COMPANY GR INVESTMENTS LC 640 N PUGSLEY ST 642 N PUGSLEY ST 645 N PUGSLEY ST SALT LAKE CITY,UT 84103-1329 SALT LAKE CITY, UT 84103-1329 SALT LAKE CITY, UT 84103-1330 [08-36-127-005-0000] [08-36-127-006-0000] [08-36-254-014-0000] BENAVIDEZ,VERONICA BENAVIDEZ,VERONICA BRADLEY, MICHAEL] &BROOK B;JT 657 N PUGSLEY ST 657 N PUGSLEY ST 1317 E SOUTHTEMPLE Sr SALT LAKE CITY,UT 84103-1330 SALT LAKE CITY,UT 84103-1330 SALT LAKE CITY, UT 84102-1810 .mow [08-36-202-018-0000] [08-36-177-023-0000] [08-36-209-001-0000] SALT LAKE COUNTY MILLIGAN, MARK&MILLAGAN,JENNIFER MARMALADE MANAGEMENT, LLC 2001 5 STATE ST #N4500 580 N WESTCAPITOL ST 9045 5 1300 E SALT LAKE CITY,UT 84190-0002 SALT LAKE CITY,UT 84103-1710 SANDY, UT 84094-3134 [08-36-209-003-0000] [08-36-209-005-0000] [08-36-209-009-0000] MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT,LLC MARMALADE MANAGEMENT, LLC 9045 5 1300 E 9045 S 1300 E 9045 5 1300 E SANDY,UT 84094-3134 SANDY, UT 84094-3134 SANDY, UT 84094-3134 [08-36-209-010-0000] [08-36-209-011-0000] [08-36-209-013-0000] MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC 9045 S 1300 E 9045 S 1300 E 9045 S 1300 E SANDY,UT 84094-3134 SANDY,UT 84094-3134 SANDY, UT 84094-3134 [08-36-209-014-0000] [08-36-209-015-0000] [08-36-209-017-0000] MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC 9045 5 1300 E 9045 S 1300 E 9045 S 1300 E SANDY,UT 84094-3134 SANDY,UT 84094-3134 SANDY, UT 84094-3134 [08-36-209-018-0000] [08-36-209-019-0000] [08-36-209-020-0000] MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC 9045 S 1300 E 9045 S 1300 E 9045 S 1300 E SANDY,UT 84094-3134 SANDY,UT 84094-3134 SANDY, UT 84094-3134 [08-36-209-021-0000] [08-36-209-022-0000] [08-36-209-025-0000] MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC 9045 S 1300 E 9045 S 1300 E 9045 S 1300 E SANDY, UT 84094-3134 SANDY, UT 84094-3134 SANDY, UT 84094-3134 [08-36-209-028-0000] [08-36-209-034-0000] [08-36-209-035-0000] MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC 9045 S 1300 E 9045 S 1300 E 9045 S 1300 E SANDY, UT 84094-3134 SANDY,UT 84094-3134 SANDY, UT 84094-3134 [08-36-209-038-0000] [08-36-209-040-0000] [OS-36-209-007-0000] MARMALADE MANAGEMENT, LLC MARMALADE MANAGEMENT, LLC MARMALADE MANAGMENT, LLC 9045 S 1300 E 9045 S 1300 E 9045 S 1300 E SANDY, UT 84094-3134 SANDY,UT 84094-3134 SANDY, UT 84094-3134 [08-36-209-030-0000] [08-36-254-024-0000] [08-36-127-012-0000] '' MARMALADE MANAGMENT, LLC TOLMAN, RALPH R BOBO, ROBERT J 9045 S 1300 E 9466 S 1335 E 140 E PIONEER AVE SANDY, UT 84094-3134 SANDY,UT 84092-2947 SANDY, UT 84070-1031 [08-36-127-004-0000] [08-25-379-010-0000] [08-36-126-005-0000] KARTCHNER, MILES R;TR KARTCHNER, NILES R;TR BASIX FINANCIAL L P 2622 S WESTTEMPLE ST 2622 S WESTTEMPLE ST PO BOX 2317 C(UTH SALT LAKE,UT 84115-3037 SOUTH SALT LAKE, UT 84115-3037 ST GEORGE, UT 84771 [08-36-177-031-0000] [08-36-204-035-0000] [08-25-453-046-0000] ALEXANDER, MILTON K&RENEE E;TRS ASTURIZAGA,EMMA J BROOKLYN CONDOMINIUMS OWNERS ASSOCIATI( 2888 W CURRY CIR 8009 S BALDY DR PO BOX 548 TAYLORSVILLE, UT 84118-2418 WEST JORDAN, UT 84088-7821 WEST JORDAN, UT 84084-0548 [08-36-129-035-0000] [08-36-129-001-0000] [08-36-129-003-0000] BINGHAM, SHERRIE&YOUNGBERG, ROBIN K;JT MARTINEZ,JOHN M;TR ET AL MARTINEZ,JOHN M;TR ET AL 4055 W 3830 S 3859 W SUGAR BEET DR 3859 W SUGAR BEET DR WEST VALLEY, UT 84120-4068 WEST VALLEY,UT 84120-3369 WEST VALLEY, UT 84120-3369 [08-36-251-007-0000] [08-36-251-009-0000] NORTH POINT CONSTRUCTION AND DEVELOPMENT, MILLS,CATHERINE K&NORMAN D;TRS LLC 2014 S 865 W 1448 W 2460 S WOODS CROSS, UT 84087 WOODS CROSS,UT 84087 l -L'"11 l"l'"11'1' II .I,:Irl,l" II"'II"'1 "1"1"11 �Lii=3-LIl/'-.10 Von—i 7Pe5 231SE0178.1 S.n6ASS LiIFi �, OSTiS✓T ^WI Od pcgzicid.vrikrn ` Ago Wehid-d ,'?� 7-1(c) ceps vvo .A._Ion(T)J_rds 90 WM 1_=NJS 1 I V L S HlnOs 69'% XO9 Od P z NOISIAIC)JNIi NJ Id NOII.V`Od JO0 1113 0;111 I-IVS GUIDELINES 1. ill out registration card and indicate if you wish to speak and which agenda form you will address. 2- After the staff and petitioner presentations.hearings onll 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 tine petition or whom you represent at the beginning of your comments. 5. 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,cr 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, June 08,2011 at 6:00 p.m. or immediately following the Work Session The field trip is scheduled to leave at 4:00 p.m Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m. in Room 126. Work Session: 5:30 in Room 326. The Planning Commission will hold a work session from approximately 5:30-6:30. During the Work Session the Planning Staff will brief the Planning Commission on pending projects, discuss project updates and minor administrative matters. This portion of the meeting is open to the public for observation. Briefing: Dr. Chris Nelson,FAICP,Presidential Professor of City and Metropolitan Planning and Director of the Metropolitan Research Center at the University of Utah and will brief the Planning Commission on regional I housing and demographic trends. Approval of Minutes: May 25,2011 o Report of the Chair and Vice Chair a Report of the Director PLNPCM2010-00231 and PLNSUB2010-00422 -Korean Presbyterian Church of Utah Extension Requests: The Korean Presbyterian Church of Utah at 425 East 700 South is requesting one year extensions for both planned development and conditional use approvals that were granted by the Planning Commission on July 14, 2010. The subject property is in the RMF-35 (Moderate Density Multi-Family Residential)zoning district and in Council District 4, represented by Luke Garrott. (Staff contact: Nick Britton at 801-535-6107 or Aolook nick.britton islcgov.com). Public Hearing Legislative Petitions PLNPCM2011-00096 Marmalade West-A request by Howa Capital LLC to rezone the property from RM-U (Residenital Mixed Use)to CB (Commercial Business) in order to accommodate a drive-through and office space. The project is located at approximately 519-575 North 300 West and in the RMU (Residential Mixed Use) zoning district in Council District 3, represented by Stan Penfolcl. (Staff contact: Ray Milliner at(801) 535-7645 or ray.milliner cdslcgov.com). Administrative Petitions PLNPCM2011-00012 —Pearl Street Closure-A request by Peter Robbins to close a portion of Pearl Street(970 West) between Quayle Avenue (1760 South) and 1785 South at approximately 967 West Quayle. The adjacent properties are zoned CG (General Commercial) and M-1 (Light Manufacturing). Pearl Street is located in Council District 2 represented by Van Turner. (Staff Contact Ana Valdemoros at 801-535-7236 or ana.valdemoros cc 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 ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission Planning Commission Meetings may be watched live on SLCTV Channel 17;past meetings are recorded and archived, and may bL viewed at www.slctv.com Milliner, Ray From: Hasenberg, Angela ;ent: Tuesday, May 24, 2011 3:15 PM To: Milliner, Ray Subject: FW: legal noticing Categories: Other From: Hasenberg, Angela Sent: Tuesday, May 24, 2011 3:14 PM To: 'Valdez, Lynn' Subject: legal noticing Classified ad (Legal Notices) copy for Salt Lake City Planning Commission Public Hearing Newspaper Agency Fax 237-2776 Run Ad in "Legal Notices" on May 27, 2011 (one time only) in Salt Lake Tribune Billing Address: ACCT # 9001394298 'Deborah Martin Planning Division 451 S. State Street RM 406 PO Box 145480 Salt Lake City, UT 84114-5480 Contact: Ray Milliner 535-7645 [Ad copy as follows] Salt Lake City Zoning Map and Ordinance Amendment On June 8, 2011. the Salt Lake City Planning Commission will hold a public hearing to consider making recommendations to the City Council regarding the following petitions: PLNPCM2011-00096 Marmalade West - A request by Howa Capital LLC to rezone the property from RM-U (Residenital Mixed Use) to CB (Commercial Business) inorder to accommodate a drive-through and office space. The project is located at approximately 300 West between 500 and 600 North. The property is located in the RMU (Residential Mixed Use) zoning district and is located in Council District 3, represented by Stan Penfold. (Staff contact: Ray Milliner at (801) 535-7645 or ray.milliner@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 PLANNING COMMISSION STAFF REPORT • Marmalade West Rezone =•'r� ��•9`: Petition # PLNPCM2011-00096 . sup: ,tn: Zoning Map Amendment at •••.(1 I T��a• 300 West Between 600 North and 500 North ~ Zo Planning and Zoning Division Department of Community and Economic Development Applicant: Howa Capital LLC Request Staff: Ray Milliner Howa Capitol LLC,represented by JR Howa is requesting approval of a ray.millinergslcgov.com zoning map amendment to rezone the area along the west side of 300 West (801)535-7645 between 500 and 600 North from Residential Mixed Use(R-MU)to Current Zone: Commercial Business(CB). The purpose of the petition is to allow drive- Residential Mixed Use(R-MU) through,and office uses on the site. Master Plan Designation: Recommendation Capitol Hill Medium Mixed Use Staff recommends that the Planning Commission review the proposed ‘IllCouncil District zoning map amendment for the areas along the west side of 300 West 3 Stan Penfold between 500 North and 600 North and forward a positive recommendation Community Council to the City Council. Capitol Hill Review Standards 21 A.50.050 Standards for General Amendments Affected Text Sections N/A Notification • Project noticed in Newspaper May 25,2011 • Project Posted May 31, 2011 • Project Notice Mailed to Adjacent Property Owners May 25,2011 Attachments A. Letter from Applicant © B. Site Plan of Property C. Site Photographs D. Existing Zoning map and Future Land Use Map Vicinity Map -fig a. , • -.!f Proposed Rezone t ! , ii -'•7•r--I.r. li i'''_ ix_l—I_, fiI( ` 1 — i t 44 , ~... RMF-45 t t W: `, d tt 3 . s i �--- 'MR kk iiii '. �� r,w ,i.F :s t, 141 i s� r I. A l I r-: ,_ . k ;4-1, 5*'1: .- )t- .*--.-. - ' '. '' C. Public Participation Community Council/Public Open House The project was reviewed by the Capitol Hill Community Council on May 18,2010. Comments from the meeting were by and large favorable. Members stated that they like the project in general,and that they would like to see it become successful. The request received unanimous approval from all members present in a straw poll. To date,staff has received no written or verbal comment from other members of the public. Project Information Request This is a request to rezone the areas on the west side of 300 West between 500 North and 600 North • from Residential Mixed Use(R-MU)to Commercial Business(CB).The purpose of the proposal is to enable drive-through and office uses on the property. Neither of these uses are allowed in the R-MU zone. • Proposed Zone: The applicant is requesting a change from R-MU to CB. The CB allows a mixed array of uses including multi-family residential,commercial retail,restaurants,and offices. Staff has reviewed the project,and is recommending that the property be rezoned. The following is a summary of the purposes of the R-MU and CB zones. CB Purpose=the CB community business district is intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods.The design guidelines are intended to facilitate retail that is pedestrian in its orientation and scale,while also acknowledging the importance of transit and automobile access to the site. R-MU Purpose=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. Setbacks Allowed Height Lot Coverage Density _ R-MU No Setback 75 feet for 20%open space No minimum lot area required on front and mixed use. 45 for mixed and for multi-family structures. side. 25%of feet for residential uses lot depth for nonresidential the rear. buildings CB No setback 30 feet. 15,000 square feet No minimum. on front or gross floor area side. 10'in permitted. the rear. Anything larger is a conditional use Background Information The property in question runs along 300 West from 535 to 565 North. There are currently 3 buildings on site,each a multi-unit commercial structure(see site plan exhibit B). The property to the west (directly behind the property),is zoned Residential Multi-Family(RMF-35)but is built out with single family homes. The property to the south is zoned CB with an existing convenience store. In April of 2005,the applicant entered into negotiations with the City Redevelopment Agency(RDA)to acquire both the east and west sides of 300 West between 500 and 600 North in order to build a large mixed use development. The property was divided into three phases,Marmalade East(Phases 1 and 2 on the east side of 300 West)and Marmalade West(phase 3 on the west side of 300 West). The proposed development of each phase is summarized below: Phase 1 • • Building D:a five-story,mixed-use building:The first floor of the building would have 8,000 square feet of retail space with 41 dwelling units on levels two through five. The dwelling units are being considered as condominiums.Underground parking will be provided for the residents. • Building F;eleven townhomes:These buildings accessed through Arctic Court(private street), and be two-story townhomes. • • • Phase 2 • Building A;a five-story,mixed-use building:The first floor of the building with retail space,36 Q dwellings on levels two through five.Underground parking will be provided for the residents. Due to the grade of the slope on the property,the height of the building on the western edge is 58 feet while the eastern edge is 45 feet 6 inches. • Grocerv/Retail Building;The grocery store will contain 15,000 square feet with an additional 2,750 square feet of retail space.Parking will be located on the north side of the building. Phase 3 • Building H;Retail Building:A single-story,retail building consisting of 4,245 square feet. • Building J;Retail Building:A single-story,retail building consisting of 3,360 square feet of retail space. • Building K;Retail Building:A two-story,mixed-use building,with retail space on the first floor and office space above. On April 26,2006 the Planning Commission reviewed a multi tiered application for the project with the following requests(summary only for Phase 3): 1. A conditional use/planned development(see approval summary below) 2. A Master Plan Amendment to amend the future land use map to allow mixed uses on site 3. A Zoning Map Amendment to change the zone to R-MU from MU and RMF-35 At the hearing,the Planning Commission forwarded a positive recommendation for the Map Amendment and Master Plan Amendment to the City Council,and approved the Conditional Use/ OPlanned Development. As part of the Planned Development approval,the Planning Commission voted to grant the Phase 3 property the following exceptions to the Ordinance requirements: 1. Reduction in the required landscaped setback for the interior side yard setback from 30 feet to approximately 6 feet on the east side of the lots between the buildings. 2. Reduction of the required 10 foot landscaped buffer from 10 feet to approximately 4 feet along the west property line. 3. Reduction of the required perimeter landscaping from 7 feet to approximately 1 foot along the south property line. The three buildings have been built and are ready for occupation. In July of 2008,the City Council adopted an unrelated ordinance amending the Land Use Tables in the zoning ordinance.As part of this amendment,the Restaurant with Drive-through use was eliminated in the R-MU zone. This change in the ordinance eliminated one of the primary uses that the applicant would like to see on the property,as a result,they are now requesting that the City Council approve the rezone in order to allow the drive-through and office uses. Phases 1 and 2 of the project were never developed and,the land was retained by the RDA. Master Plan Information © Analysis: The land proposed for the zoning map amendment is administered by the Capitol Hill Master Plan. The area is featured as"Medium Mixed Use"on the future land use map,and is identified as being within the"West Capitol Hill"neighborhood. Numerous passages in the plan emphasize the need to create commercial areas that are compatible with the existing residential neighborhoods on both sides of 300 West. Passages include: • Maintain existing neighborhood oriented commercial land uses and encourage new neighborhood commercial uses in areas where appropriate such as 300 West. • Provide improvements along 300 West to make 300 West less of a barrier and to allow the residential areas west of 300 West to more closely tie into the existing residential area east of 300 West. • Provide for commercial establishments which minimize the impacts of nonresidential land uses on the residential community. Finding: Staff finds that although the CB zone does not have "Mixed Use" as part of its title, nonetheless,the zone allows for a wide array of uses generally considered mixed uses, such as multi- family residential, office, and retail. Staff finds that the change to CB zone will be consistent with the Medium Mixed Use designation on the future land use map. Further, staff finds that the CB zone will be consistent with the policies and goals of the Capitol Hill Master Plan, since the purpose statement specifically states the zone is"intended to provide for the close integration of moderately sized commercial areas with adjacent residential neighborhoods." STANDARDS FOR GENERAL AMENDMENTS 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. 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.50.50.13 for Zoning Amendments: 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 applicant is requesting this zoning map amendment in order to allow drive-through and office uses on the site. The development on site is consistent with both the purpose statement of the R- MU and the CB zones, and is consistent with the purposes and goals stated in the Capitol Hill Master Plan(see analysis above). This amendment will enable new uses on site as well as make the zoning consistent along the block face between 500 and 600 North, as the convenience store to the south is zoned CB. Finding: Staff finds that the proposed amendments to the Zoning Map are consistent with the purposes goals, objectives and policies of the various adopted planning documents. 2. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance; Analysis: The change to the CB zone will be consistent with the policies and goals of the Capitol Hill Master Plan as the purpose statement specifically states the zone is "intended to provide for the close 0 integration of moderately sized commercial areas with adjacent residential neighborhoods." The CB • zone is designed to allow a wide range of uses that support residential areas while mitigating the commercial impacts. Mitigations in the CB section of the Zoning Ordinance include: • A required 10 foot buffer between commercial and residential uses • Height limited to 30 feet • Requirement that all mechanical equipment and service areas be screened • Requirement that buildings larger than 15,000 square feet be reviewed as a conditional use • Requirement that landscaped setback be consistent with neighborhood character The existing development on site complies with these requirements(or received a specific exception to the standard through the planned development process). Therefore,if the zone is changed from R-MU to CB,the purposes and requirements of the Zoning Ordinance will be maintained,as the property in question is consistent with the purpose statement and base requirements of the CB zone. Finding:Staff finds that the proposed changes to the Zoning Map are consistent with the purpose statement of the CB zone and the Zoning Ordinance,as the existing property meets the minimum requirements of the chapter. 3. The extent to which a proposed map amendment will affect adjacent properties; Analysis: The immediate effect of the rezone on surrounding properties will be minimal,as the buildings on site have already been constructed. Nonetheless,if the applicant were to expand the development,he would be required to meet all regulations in the CB zone,a zone designed specifically to allow commercial development while protecting adjacent neighborhoods. In some ways,the CB zone • is more restrictive on development than the R-MU.For example,the height in the R-MU is 75 feet for a residential building,and 45 feet for a commercial building. In the CB zone the maximum height for all structures is 30 feet. Neighborhood impacts of the proposed drive-through will be limited for the following reasons: • It will be located on the South end of the property adjacent to the existing convenience store • Entry and exit to the drive-through will be from 300 West • Traffic impact of the drive-through on adjacent residences will be limited,as 300 West is a large arterial street Finding: The proposed change will have a minimal 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;and Analysis: The proposed amendments are not specifically tied to any overlay zoning district. The project received a Planned Development approval from the Planning Commission for three buildings on a single lot. All future development will be required to meet the minimum standards for development in the CB zone including any necessary modifications to the Planned Development approval. No exemption is requested as part of this map amendment. • Finding:Staff finds that the proposed map amendment will be consistent with all applicable overlay zoning districts on the zoning map. 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. Analysis: The proposed rezone area is fronted on two sides by large arterial streets with all necessary water,sewer and emergency services adjacent. The site is located within easy walking distance of numerous bus stops along the 300 West Corridor,is near a major freeway interchange and is located within one minute of the nearest fire station. Finding:The proposed rezone area has sufficient public facilities and services to warrant the proposed rezone. • • • Attachment A • Letter from Applicant PRESCOTT MUIR ARCHITECTS 171 West'tarp ant Avenue Soil lake City.Utah 81101 ,el•571-9111,6a1.57 i-91561at MEMO DATE:03.01.11 TO: halt Lcke City Manning Cepallinen! 4SI Sauth Slate Street Room 406 Salt lam City.Utah 84111.5480 CC: Nola Wolkingsl'cw,Joel Patterson.Rick Howa,JR Howe PROM: Aaron He1sen PROJECT; Mo'mllado West-Generally locatod on the west of 303 West S'r eel.between 503 No•Ih Street and 6C0 h+.rth Street RE: toning Mac,a,leadrrwn- The following iriernlotion is provided per rcduircrncnts of the Appicotion for Zoning Amendment. Purpose Statement of the Mop Amendment Ho'.r a Capitol.LLC.!llama)lest exprassee interest In dev'eopim foe Marmalade L'evelopment locotW I on the east and west side of 300 Wed Skeet Clr,d generaly between SCI)North Srraet nett ISCO North Street in Arin12305 when they entered Into nerfptrariel will:the Redevelopment Agency r>l Sall Juke Clly Vat..to p eno10 111e profoyty A•!hut lime.and IhrouSTrou1 the&mot cn of the rrrtdlcm,ent tyoccss.it was Hvv a s wsp'vstvd inlunt Iv develop and mGrkvl If!c Marmalade Dcvvtopment as a miroa we,wti_'tablo, • urpan.project including resider Id use.retail use Iw9h a drive through included in the devetopmem❑n the mart sine of 2Ca West Stre ell and allies use. For this to happen HOWL)was required to go through an extensive enjllerr,ent process which in port.nciL.ded on nmernmenl to the toning Map on bo11,s:•dCr of :ri RJ West 5•ree1.nmendng the Capitol Hie Master Plan en the ear tide Of 303 West Street,untd cpplyirna ton u Planned Unl Deveraranenl(PUD)The amendment•u,1l re Zoning Mop was proposed to cho'las Inc pr openly on Ine oust and wvs'side al 30C West Street.The amendment to the boring Map on the oast S Oc or&A Wed Shoot That was deemed appropriate far the preposod project changed Special Development Pollen,Residential"SR•I"end Community Shopping"CS'fo reflect Residential PAEed Use"R-MU."The amendment to the toning Map on the west side el Sao West Street that was deemed pippro-pnote for the proposed rxaleat changer)Mixed Use'•MU"and Moderate Density MAJ6 f'amAy Residential"RMr 35" reed l ReSlderio nixed Use-R MU"lne ixcta'ied amendment to trio borsnp Map on both the cave and west sides of 3{K1 Wes,Street urvticd the Marmalade.Development. On April C.2336 the Planning Commission of Salt lake City(Planning Commission)approved a motion to give the City Ccmc,of Salt Lake City(City Council)a favorable recommendation to allow the Monrxyax:n 13wvelapmerlt to precee d enr d PUD.Or,lydi H•MMC6 the City COI Inr.J Ciddp.Intl Orinoco Na,55 of P606. 're,Eor tog IPA moped y'to R MU end onlerld[ingl the C_.apl!Ol tiiil Mahar Pkm subject lc❑dnvclaprnori uar eelrernr executed by the RCA"card and can!iimed by to solution el the Cry Connell.'The Orcinorce suspended the tecoCing of tic amendment to the boring Map one Capital Hill Marker Plan.until the development agroarnent entered into by the RDA and Nowa was confirmed by resatuton of the Cut: Council. Tho cppro'aa Manned Urrt Development induded drawings that represonted Iwo single sine/ relodbvl)dirgs(bandied H and Rulldhlg JI nid one ty1^_StOry liurilditg wCh o(!rive Ihlout?, (Ridding Kt Innlled within Me Mon/winds West Development Orr October 8.260011 tc Redevelopment Agency of Salt Lake City(RDA)and Howe entered into a deve:opmenf agreement for the property west of 3C0 West Street and generally between S00 Nan Street arc 660 North Street,known as Marmalade West.Following the eeecut:on of the development o;peemenf Howe proceeded to obtain the necei;nry building porrrils In addition to proceeding with the r--.uruhuctiorl of the site WOeS.each of the Iwo it.na(:ilory feted boiUbtlks In1}lding H Cn(I Belding Jl,and lit,,twy,story re tail/attiC0 building!Building Kf,The project was built es pun-tilled vAlh ha drive through moved to the Poo,Ivr2 • • • sou lhnt Ru.kong linen RLdpng K(fecr0nted in leclprinl(and savor;real Corstiuclon corn:select in Mc spring of 7010.On Jans*ny 10.2011 the City Council coolimeel Iho eevclopmenl ogreomerl and the om:nd.•nenls to the Zoning Mao wore recorded. W.Ihout Howa rs knowledge,the City Council adepted nor ntainnrce Mot charger:21A.24.190 Table a• Permitted and Conlhionni Issas for ResideMtnl Uses inchi.i ng Residential Mixed the"R-MU"on Y.)nrnny 19. 2000.Prior Ill e\)annnge,Table 71 A24 190(soled July 7006{the lotic the!Howe used es a bosh of design; ref ocldd o rive Ihiouslh tw finonad icsltlulions(n o condhenol uso.and olhcet as to permitted use.Allcr !his change.Table 21 A24.193 reflected oll uses vile a drive Through os no:permitted and all efface uses as conditional use.See allac,ed Table 21A.24.190 Acted X,In 2C06 and fable 21 A.24.190 doled October 2010. II is ti•e desre of/lewd lu canh nue Io mu,kel and,cone Itw Mo wnlnde Wed Development la meet the Faolcci tied,established in 2005 by maintaining o walkable.urban development corclIcivc to rolcl space suppo•ted by a dive through.and office some.However.the changes made to Table 21A.24.I90 wll not allow this.Therefore,Hawn is proposing to reconcile the intent of the.uarmdade'Wed Development vitn the expressed Trent of the design guidelines os set Inn In the C:npl•d H4 master Nor nn(1 the Sall Lake City inning Cn(1e by amending the 20nng Mop changing Residential Mixed Use"R-MU" an the weir side of 2R0 Went Street to re heel CO,rrlur'ly OLsiness Otslrtct"C0.'Howe ream this o'opcsal will the undcntcndng that the pureeso stcier en'lot cool Zoning DisKet ornohasites the desire to facilitate end establish walkat(e.pedestrian oriented neighborhoods Inc being cemmLnity criente0 business travail and office;which sooport cdjacenl rosidenlial areas.In addition,Hann makes this proposer win the knowledge that the drive InroLoh scant of Budding H.s required In meet the dem(rnd of 1•�'c' bu11111M'ei With re.Cnft*P.10(111'nitlt Y.t Alive ur:Y:nnlp000n1 Attachments: • Six 161 30"x 42'copies c!the Archlachroi Silo Plon.Sheet AO.' • One(1)11"n 17 copy al the Architectural Site Plan.Sheet A0.1 • Notce of Miner Subdivision Approval acted 03 02.11(legal aescrplvn) • 21,4_74.190 Idle ni Pe.milie d and Cord.hnnd tiles Int Red(Ienhal Dlrhi.ts doled Judy 200E • 7IA74.1901o13C 01 Peut'ille(1 on.}Cord:lmnd Use:,In'Residential Districts doted October 2010 • 544l Lake City Ptinr+intl CamutiSiior:hlcclhx;Minulos(oarier,2 Ill doled Acid 26.2306 • rage nu.2 • • Attachment B) Site Plan ! .. -. , • .:....,, i ./•.4, I...-- • 11%,••14. .....,,. 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P ' - .-•-: ...- ,•,-, •.•-7atf.,-.:.A`i'.4r,c1:-;,'••••fic:;-,-1- - • 1, •A--..-4-.•..-'- --,•-• ,..:.-.• , -.1;..,•.-.•.1-,',7,i',_ - 111 ...---,-,--, .,'••:-k.74.,17, . "..7=:•;.i,..•:.,-.7 . • --- . r . E - .- - I _ . ., . - • i ..... _ — . ..,afeltNNtr'-,- a" _ .4 - :. ' :I k.:•- -, .-.' 2 .r ''''V.' • TN tiec... ....7.- • .......... .xio „,. . . . .40r. ... . ',..."..... . .4.,, -• N• .-- ''.!; _. -.:‘... , •.• •,- - _ '•••:.-f- :•-, .. • -.-&•.•:.. . ••-•_ 0 , _ . - . • • _ =� — Tee` E's= ' • • • 4110 0 Attachment D Future Land Use Map and Existing Zoning Map �r Tr�--ai:icnnb b '• r :6un, a Pai L ./ i',, Future Land Use ' Fcerill f're3tr/3nn �M Re ntial - ' _ c. : Wry Loa Llrl!a it Rea 'c.�i 1 1.5 duaae • ' .' ';y; LfwUt1 Itlr 'tfi• - f' ' id Reaenlia1G•1Cdy'acre ' ;,. RI L1&ur1 UAnrt1 ;t Reeidkntiel 15-?0 duracteili =y guif IR iamlHttlt Ian:t,j \1 i,7�; c.Residential 3.1-15 dure e r �* G IIIFtpn Uenaiv ILa v - Ulm. Read 45 T durecte `- It c1un Mitcu l ov i;� MIa iuI.1iiiii,Nava!tJ . - I rill Ocuai,y t.5j ti U.N.: A 4 a--- - Oermal Canncac! X '� Y INIhunoa_PJr1'. ! l A I5 t Liif. '111..ur.ial +•41C J rim fay` _A11 R�'IH umWm-,ktc'rltrisI MI Film r ctire I-rdt r; _ - l W w NI Irr.:iuticna �i ii "I IIA -r.S gm Tranraortxdat NSA. i `tea K . u: 1~t! -P:ri.»c OFc,9.;::c.: '614t,CI-tJ'iltht i'C11.17‘1I.1 II'Y ■ i{1 NIA 'Ir`rr 1't.P.r t? f', 7 F:.S!-i II Onor_ - Property • SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City & County Building 451 South State Street, Salt Lake City, Utah Wednesday, June 8, 2011 Present for the Planning Commission meeting were: Acting Chair, Matthew Wirthlin, Commissioners Babs De Lay, Emily Drown, Charlie Luke, Susie McHugh, and Mary Woodhead. Chair Michael Fife, Vice Chair Angela Dean, and Commissioners Michael Gallegos and Kathleen Hill were excused. The Field Trip was cancelled. A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to order at 5:30 p.m. Audio recordings of the Planning Commission meetings are retained in the Planning Office for an indefinite period of time. Planning staff members present at the meeting were: Joel Paterson, Planning Manager; Maryann Pickering, Principal Planner; Doug Dansie, Senior Planner; Michaela Oktay, Principal Planner; Mike Maloy, Principal Planner; Paul Nielson, Land Use Attorney; and Angela Hasenberg, Senior Secretary. PLNPCM2011-00096 Marmalade West - A request by Howa Capital LLC to rezone the property from RM-U (Residential Mixed Use) to CB (Commercial Business) in order to accommodate a drive-through and office space. The project is located at approximately 300 West between 500 and 600 North. The property is located in the RMU (Residential Mixed Use) zoning district and is located in Council District 3, represented by Stan Penfold. (Staff contact: Ray Milliner at (801) 535-7645 or ray.milliner@slcgov.com). Commissioners De Lay and Wirthlin recused themselves from this item. Chairperson Fife recognized Ray Milliner as staff representative. Mr. Milliner stated that this was an application to rezone the property Marmalade West located at 300 West between 500 and 600 North. The applicant is requesting that the zoning be changed from RM-U (Residential Mixed Use) to CB (Commercial Business) in order to accommodate the use of a drive through and office use. Mr. Milliner stated that reason this issue was before the Planning Commission was that although they had been approved for a Planned Development and a Zoning Amendment as well as a Master Plan amendment in the past, City Council and Planning Commission had since changed the use table to eliminate these uses from the RM-U zone. Mr. Milliner noted that staff had reviewed the petition and had determined that the CB zone was compliant with the Master Plan and that the CB zone would be a similar zone as far as uses and type of construction allowed in the area. He stated that staff recommended that the Planning Commission forward a favorable recommendation to the City Council. 6:41:04 Questions from the Commissioners Commissioner Fife asked what the zone was prior to its rezone. Mr. Milliner stated that it was zoned RMF-35, RM-45 and SR-3. Commissioner Dean asked if there was a policy in place that would prevent a gap in communication like this in future relationships with developers. Mr. Milliner stated that the Use Table Amendment was unique in that it was conducted without Planning Staff involvement. He stated that he felt the process had been corrected. 6:42:16 Comments from the Applicant The applicant, JR Howa said that when they originally built the project, it was built for a drive thru. A tenant wanted to lease the space but informed them that they were not zoned for a drive thru. Chairperson Fife asked if they had office space on the north side of the building, and asked if it was legal for them to rent it. Mr. Howa responded that under RMU office space was a conditional use. Mr. Milliner added that if the office space was on the second floor it would not be allowed. Commissioner Dean asked that since it was approved as a Planned Development with a drive thru, would that not supersede the design approval. Mr. Milliner stated that it did not, that the drive thru was not part of the Development Agreement. Commissioner Woodhead asked if it would have been grandfathered in because the approved the plans. Planning Manager Norris stated that Development Agreement would have had to specifically say what was allowed. Commissioner McHugh stated that changing the zone to CB would require shorter buildings and that was a benefit. Mr. Howa noted that the 7-11 was zoned CB and that changing the zoning would give a continuous CB Zone along that block face. Commissioner Woodhead if the applicant was comfortable with the lower building heights. Mr. Howa stated that he had no problem with the shorter buildings. 6:47:02 Public Hearing Chairperson Fife opened the public hearing. Catherine Gardner, Capitol Hill Neighborhood Council, Chair said that she felt that the buildings were nice looking and supports the businesses that were there. She stated that their Council voted on it and they had unanimous support to change the zoning. 6:50:37 Close of Public Hearing 6:50:44 Motion: Commissioner Hill made the motion in regard to PLNPCM2011-00096 Marmalade West the Planning Commission had reviewed the proposed zoning map amendment for the areas along the west side of 300 W between 500 North and 600 North and would like to forward a positive recommendation to the City Council. Commissioner Luke seconded the motion. Vote: Commissioners Dean, Drown, Gallegos, Hill, Luke, McHugh, and Woodhead all voted "aye". The vote passed. Commissioners De Lay and Wirthlin recused themselves. A OFFICE USE ONLY .t� 4 r Zonin, Amendment �L�J etition No. �/-C ti/1 SDI I —Wulf., \L\\\ %/O�.y% Date Received: ` / t%// c,'==!"r' '�✓,2. o Amend the text of the Zoning Ordinance by amending Section: r.:_i- - Reviewed By: 0 sc/1=?Ctia C� i;L. 1 ft% 7 �Tu�e�s-�r. ° ❑ Amend the Zoning Map by reclassifying the above property from a zone to a zone. (attach map or legal description) Address of Subject Property: Name of Applicant: JR Howa Phone: 801 .328.1514 Address of Applicant: 68 South Main Street, Suite 900, Salt Lake City, Utah 84101 Cr E-mail Address of Applicant: 1r howa.com Cell/Fax: 801.809.9079 Applicant's Interest in Property: Property uFimn IP Subject Owner Name of Property Owner: Howa Capital, LLC. Phone: 801.328.1514 E-mail Address of Property Owner: jr@howa.com Cell/Fax: 801 .809.9079 tilli° County Tax ("Sidwell r"): Zoning: RMU Legal Description (if different than tax parcel number): Property is currently in process of ao minor subdivision approval. See attached Notice of Minor Subdivision Approval dated 03.01.11. Proposed Property Use _111 G\isting Propel ty Use 1 Please include with the application: ea) I. A statement of the text amendment or map amendment describing the purpose for the amendment and the exact Pliani language,boundaries and zoning district. *II] 2. A complete description of the proposed use of the property where appropriate. S. 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 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. LIM* 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 01 S. Filing fee of 5385.92,plus S110.74 for each acre over one acre and the cost of first class postage is due at time �� of application. ir•. Applications must be reviewed prior to submission. Please call 535-7700 for an appointment to review your application. Notice: Additional information may be required by the project planner to ensure adequate information is provided for staff Agil" analysis. 1 All information submitted as part of the application may be copied and made public including professional 117) architectural or engineering drawings which will be made available to decision makers, public and any interested party. Feb 2003 • County tax parcel("Sidweli")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 N1600 451 South State Street, Room 215, Salt Lake City, UT 84190-1051 Salt Lake City,UT 841 l 1 I� Telephone: (801)468-3391 1111 1W/j,Signature of Property Owner Or authorized agent .tea PRESCOTT MUIR ARCHITECTS 171 West Pierpont Avenue Salt Lake City, Utah 84101 801-521-9111.801-521-9158fax MEMO DATE: 03.01.11 TO: Salt Lake City Planning Department 451 South State Street, Room 406 Salt Lake City, Utah 84111-5480 CC: Nole Walkingshaw, Joel Patterson, Rick Howa, JR Howa FROM: Aaron Hansen PROJECT: Marmalade West-Generally located on the west of 300 West Street, between 500 North Street and 600 North Street RE: Zoning Map Amendment The following information is provided per requirements of the Application for Zoning Amendment. Purpose Statement of the Map Amendment Howa Capita', LLC. (Hov✓a) first expressed interest in developing the Marmalade Development located on the east and west side of 300 West Street and generally between 500 North Street and 600 North Street in April 2005 when they entered into negotiations with the Redevelopment Agency of Salt Lake City, Utah to purchase the property. At that time, and throughout the duration of the entitlement process, it was Howa's expressed intent to develop and market the Marmalade Development as a mixed use, walkable, urban, project including residential use, retail use (with a drive through included in the development on the west side of 300 West Street) and office use. For this to happen Howa was required to go through on extensive entitlement process which in part included an amendment to the Zoning Map on both sides of 300 West Street, amending the Capitol Hill Master Plan on the east side of 300 West Street, and applying for a Planned Unit Development (PUD).The amendment to the Zoning Map was proposed to change the property on the east and west side of 300 West Street. The amendment to the Zoning Map on the east side of 300 West Street that was deemed appropriate for the proposed project changed Special Development Pattern Residential "SR-1" and Community Shopping "CS" to reflect Residential Mixed Use "R-MU." The amendment to the Zoning Map on the west side of 300 West Street that was deemed appropriate for the proposed project changed Mixed Use "MU" and Moderate Density Multi-Family Residential "RMF-35" to reflect Residential Mixed Use "R-MU." The proposed amendment to the Zoning Map on both the east end west sides of 300 West Street unified the Marmalade Development. On April 6, 2006 the Planning Commission of Salt Lake City (Planning Commission) approved a motion to give the City Council of Salt Lake City (City Council) a favorable recommendation to allow the Marmalade Development to proceed as a PUD. On April 8, 2006 the City Council adopted Ordinance No. 55 of 2006, "rezoning the property to R-MU and amend find] the Capitol Hill Master Plan subject to a development agreement executed by the RDA Board and confirmed by resolution of the City Council." The Ordinance suspended the recording of the amendment to the Zoning Map and Capital Hill Master Plan, until the development agreement entered into by the RDA and Howa was confirmed by resolution of the City Council. The approved Planned Unit Development included drawings that represented two single story retail buildinas (BuilcJ.ng H and Building J) and one two story retail/office builclina with a drive through (Building K) Ica_led within the Marmalade West Development. On October 8, 2003 the Redevelopment Agency of Salt Lake City (RDA) and Howa entered into a development agreement for the property west of 300 West Street and generally between 500 North Street and 600 North Street, known as Marmalade West. Following the execution of the development agreemeni Nova proceeded to obtain the necessary building permits in addition to proceeding with the construction of the site work, each of the two single story retail buildings (Building H and Building J), and the two story retail/office building (Building K). The project was built as permitted with the drive through moved to the Pcge 1 of 2 south of Building H and Buildir,_, r decreased in footprint and square feet. _.istruction completed in the spring of 2010. On January 18, 2011 the City Council confirmed the development agreement and the amendments to the Zoning Map were recorded. Without Howa's knowledge,the City Council adopted an ordinance that changed 21A.24.190 Table of Permitted and Conditional Uses for Residential Uses including Residential Mixed Use "R-MU" on January 19, 2008. Prior to this change,Table 21A.24.190 dated July 2006 (the table that Howa used as a basis of design) reflected a drive through for financial institutions as a conditional use, and office as a permitted use. After this change,Table 21A.24.190 reflected all uses with a drive through as not permitted and all office uses as conditional use. See attached Table 21A.24.190 dated July 2006 and Table 21A.24.190 dated October 2010. It is the desire of Howe to continue to market and lease the Marmalade West Development to meet the project goals established in 2005 by maintaining a walkable, urban development conducive to retail space supported by a drive through,and office space. However, the changes made to Table 21A.24.190 will not allow this. Therefore, Howa is proposing to reconcile the intent of the Marmalade West Development with the expressed intent of the design guidelines as set forth in the Capital Hill Master Plan and the Salt Lake City Zoning Code by amending the Zoning Map changing Residential Mixed Use "R-MU" on the west side of 300 West Street to reflect Community Business District "CB." Howa makes this proposal with the understanding that the purpose statement for each Zoning District emphasizes the desire to facilitate and establish walkable, pedestrian oriented neighborhoods including community oriented business (retail and office) which support adjacent residential areas. In addition, Howa makes this proposal with the knowledge that the drive through south of Building H is required to meet the demand of local businesses such as coffee shops with a drive-up component. • Attachments: • Six (6) 30" x 42" copies of the Architectural Site Plan, Sheet A0.1 • One (1) II" x 17" copy of the Architectural Site Plan,Sheet A0.1 o Notice of Minor Subdivision Approval dated 03.02.11 (legal description) ,wee, ® 21A.24.190 Table of Permitted and Conditional Uses for Residential Districts dated July 2006 ® 21 A.24.190 Table of Permitted and Conditional Uses for Residential Districts dated October 2010 • Salt Lake City Planning Commission Meeting Minutes (pages 12-14) dated April 26, 2006 Page 2 of 2 After Recording return document to: Nole Walkingshaw Salt Lake City Planning Division P. O. Box 145480 Salt Lake City, UT 84114-5480 Affects Sidwell Tax Parcel Numbers 08-36-204-019, 08-36-204-020, 08-36-204-022, 08-36-204-032, 08-36-204-027, 08-36- 204-028, 08-36-204-029, 08-36-204-030 NOTICE OF MINOR SUBDIVISION APPROVAL I, Nole Walkingshaw, being duly sworn, depose and say that ➢ am Planning Programs Supervisor for the Salt Lake City Planning Division, and that on the 24th day of February, 2011, the Salt Lake City Planning Division, acting under the authority of U. C. A. 10-9a-605, Exemptions from Plat Requirement, and the Salt Lake City Subdivision Ordinance, Chapter 20.20, Minor Subdivisions, has approved a 1-lot minor subdivision, heretofore to be known as the Marmalade West Minor Subdivision located at approximately 569 North 300 West, Salt Lake City, Utah, as requested by Howa Capital. The boundary legal description of and a legal description of each lot approved by this minor subdivision are as follows: BEGINNING AT THE NORTHEAST CORNER BLOCK 133, PLAT A, SALT LAKE CITY SURVEY, AND RUNNING THENCE SOUTH 00°02'52" WEST ALONG THE EASTERLY LINE OF SAID BLOCK 133, 521.82 FEET TO A POINT SOUTH 00°02'52" WEST ALONG SAID EASTERLY LINE 26.64 FEET FROM THE SOUTHEAST CORNER OF LOT 8 OF SAID BLOCK 133; THENCE NORTH 89°54'03" WEST 131.66; THENCE NORTH 00°02'45" EAST 155.06 FEET; THENCE NORTH 89°53'28" WEST 16.83 FEET; THENCE NORTH 00°02'45" EAST 73.33 FEET; THENCE SOUTH 89°53'28" EAST 16.83 FEET; THENCE NORTH 00°02'45" EAST 146.80 FEET; THENCE NORTH 89°53'11" WEST 16.32 FEET; THENCE NORTH 00°02'45" EAST 40.35 FEET; THENCE SOUTH 89°53'11" EAST 16.32 FEET; THENCE NORTH 00'02'45" EAST '106.33 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLOCK 133; THENCE SOUTH 89°52'54" EAST ALONG SAID NORTHERLY LINE 131.68 FEET TO THE POINT OF BEGINNING. CONTAINS: 70,604 SOFT. OR 1.621 ACRES (1 LOT) This action by the Salt Lake City Planning Division authorizes the property owner to record deeds to create the revised lot as approved by this minor subdivision approval. No subdivision plat will be required to be recorded with the County Recorder. The lots created by this minor subdivision were approved by the Planning Division as described by the legal descriptions listed above. The legal description of a lot within this minor subdivision may not be modified or changed without prior approval from the Salt Lake City Planning Division. Nole Walkingshaw Planning Programs Supervisor State of Utah ) ) SS County of Salt Lake ) On this the (2/(7( day of V/dif , 20 1 , personally appeared before me, Nole Walkingshaw, Planning Program Supervisor, the signer of the foregoing instrument, who duly acknowledged to me that he executed the same. • DIAt4A L.NA1�dSE NOTARY PUBLIC, residing in Salt LaeCounty, Utah ���, $ 451?-�r:th State t3ttMt,Room 4Ga I 9+�tlal•C!ty,UtihE4111 I ly Cornm!sa on Explra) a ;%� AprS4 H.2O 2 1< 7 L ...,State„t Utah .a , ,/ My Commission Expires: /G /%` 2 21A-24.190 .2 4_24,1910 `'aT3Tie GI'"PenTAtLed A. d Conditional Uses For Residenti131 Dfistr c : fY yr,i_.CEI'TD t_— PP2,1=. 'ED AND CONDITIONAL USES,BY DISTRICT E C=Con tio�,i ems. RESIDENTIAL DISTRICTS 1 P=iP LrTs2 7,R-3/ I i'R-_'/ E7!C-3/ P-S/ 1:-sl B-E/ SR-fl 1 SR i SR-3 I R-2 I.iVIF- I ILMT- I.NIF- It1VIF- RB R-MU-35 IL-MU-45 FL-MU AL® 1 Usz I ,t3;50,1 21,730 12,00;1 M12,0ttl 7,003 s,0041 ; I——i I i 30 35 45 75 f i --1�p esiderrrrl � I { L Accessory E,,nest and i C ` . servants' quarter g II Accessory us on C C C C e:, C C C C C C t C C C C C C C fl accessory lots ? _1__.__-fi i! C P P C P P P Assisted living i r� xcili- I t l I u ty,large 1 ( i fIIi , C r-F C C P P � P P P P P P 4j Assisted living facili- I C C C lEE fly,sme.19 �_ I Docruilories,fratcrn- l I I ties,sororities(see 1 section 21A36.150 • I I of this title) $ i II IGroup home,large I C C C C C C C C C t (see section I 21A36.070 of this title) —_--..- _- I Group home,spiel P p p I P P P P P P P P P P P P P P P I I (see section f 21A36.070 of this I title) I I t_. 9 I II r I II Mannl ctnred home P P P P P P P I P P P P P P P P P P 960-59 (salt Take-City July 2006) 21A.2 4.190 LEGEMD 1 PEBMILIED AND CONDITIONAL USES,BY DISTRICT C=Concrdierad Use. 1 RESIDENTIAL DISTI IC$m p=rev-milted Us f i r"FR-I/ { Fit-2/ FT 3/ R-IJ R-v R-TI/ SR-1 Slt-2 SP-3 P,-3 RR2f'- 1 RMF- IMF- I RMF- RB It-MU-35 R-MC-45 R-MU RO Use 43,5£0 , 21,780 ; 32,040 12,60ID 7,6G0 5,0G0 i 1 30 35 45 75 1 lVfixed use develop- f P' P P P P 1 ments,includingF----' resideatinl and other uses allowed in the jff zoning district Multiple-Thruiiy P P P P P P P P dwellings Nru�..ing care facility ` + I P P C P P (see section I 1 21A36.060 of this i I title) ? E I t— Resideat health + I P P P P P P P P P J facility(see section I 21A36.040 of this y 1 I f I tide) { E 1 I i I , ii Residential sab. ce i + C C C C C f , abuse treatment home,large s � � i 1 Residential—substance E ! C C P P P P P abuse treatment ) I home,small f dd r — I Looming(bo-'1�g) i i C C P P C P P 7 P P @ 3 1 1R Froze 0 ( 6 3 _ 1 (Salt Lake City July 2 16) 960-60 --- 21A.24.190 1 -i.a.TAELAm P=ITED AND CONDITIONAL USES,BY DISI'R.1CT c=c..,...ntutiono irk:, RESIDENTIAL DISTRICTS liP=Penife....'---2 Erce C-11/ FR-2I 1712.1-31 R-1/ I'm/ R-1/ SR-1 SR-2 SR-3 R-2 RAW- RIVIE- RMF- IMF- RD R-MU-35 E-MU-45 R-MU 1 RO i''..7,5;;2) 21,1 7E3 t'.P.$1, 12$0 71/00 5,G,00 30 33 45 75 C--- -- --i l 1 Single-fmily . P P r P P P P P P dwe1g 1J ,-- ,D1e-fP7mly P P P P 7> _ P P P P P P P r P P P P P .1 cletacLed cievelEng; 1 1 i Trrasidonal trzalrE- --,-t C C C C CI C i 11 home,IzT,e(s ii scont.21.A3-5.090 it of this fitie) 1 . 11 Trmitional tri—qra-,11 C C C C C C C I i hom.,<”,rnilk(see se:-.Eon,21A_36.030I i 11 /, — *--- Tn-tr,itioraal victim , C C I C C C 1 1 rl omc,large(set 1 ril section 2/A36.0S0 , of this'dal.) 11 r---- , r C C P C C P P ...'1ms:re:Dad'victim home,cTran/1(see [1 Seddon 21A36.0Z0 of'this fide) —— — 1 1 P P P P P 7:Win home&ad/imp *--- — 1 i Two-frn,Py 1 P P P- P -, A P P p 1 p P g I ciweirEangn 1 1 ' - 960-61 (Salt I ake•City February 2006) 21 .2.190 i Z n�>i t _I__Y FadvarrED AND CONDITIONAL USES,BY DISTRICT C=Czedifintn21 Use RESIDENTIAL DISTRICTS P_dUse Fit ER-2/ RR-3/ R:-1/ R-1/ 12 3/ SR-1 SR-2 SR-3 R_2 RMF- g1. 1@MF- RMF- RR R-MU-35 R-MtJ.45 R MtJ RO Uae ,,SE® 21,71•1 a 312,930 74C130 S,O 30 35 45 75 Moe And iRated Usas 1 Financial it taiorz 9n drive-thgia t i I f , ,a. fftrvlities Fi al is slit ittca P P P3 P9 witoat drive-through r fit-Rides r Medial and deal? C C C P3 P9 chanties and offices :Municipal;.-vice C C C C C C C C C C C C C C C C C C' ,Tc.-c,i tclncding city ciiiirf tars and Police and:m swims ...__ ► Oif.=,minding ! P` P P 1j3 P9 medical and deanit I 1 r^.ita;CC and n rs ( I -.-- 4-1 , f1 Awl ratat�n_mt f 'ster:ies 1 P P P P3 P 1 Community•nd _I C C C C C C C C C C C C C C C C C P re -iicn centetc, I ¢ , public.ud:iivate on y lac less than 4 acres i El. it-r: 1 ' (Szit City Felitr=y 2907 960-62 21A.24.190 ... ......_ . _ i - LEG—END PERliEll fil.D AND CONDITIONAL USES,BY DISTRICT i C=Cundiliennl Usa RESIDENTIAL DISTRICTS li P=Perrnikiei'Use i I FR-3/ J.M-2/ 1`,7Z.-3/ R-11 R-1/ R-1/ srz-i SR-2 1 SR-3 R-2 RI4117- RIVIF- RMF- rtME- RB R-MU-35 R-MU-45 R-MU RO I Use 43,561 21,702 12,000 12,000 7,000 5,050 30 35 45 75 I' il Community gardens P P P P P P P P P r r P P r r Ias defined in part VI, I chapter 2IA,62 of 11 this tide and an II regulated by 1 sabsection 1 21A..24.010P oF this f; chapter Dance studio I P P r V Movie theaters/Jive C C P I performance theaters — I I — li Natural open space P P r r P P P P P P P P P P P P P P and conservation 1 areas on lots less than 4 acres,in size t _ __ Pal3 and P P P P P P P P PI r P P r P P P P r playgrounds,public and private,Ices than II4 acres in size t Pedestrian pathways, P P P P P P r P r r P P r P P P r P (rails and grccnways 1 Tavern/lo[In ge/brew- C • I pub;2,500 square Ii feet or less in floor arca L — — . : • 960-63 (Salt Lake City January 2005) 21A 24.190 LEGEND { ` PERMITTED AND CONDITIONAL USES,BY DISTRICT' 1 C=Conditional Use RESIDENTIAL DISTRICTS P-Permitted Use Fit-1/ ! FR-2/ I 1FR-3/ R-1/ R-1/ R-1/ SR-1 SR-2 SAL-3 R-2 RM^- rug- RMIl- RMIF- RB R-NFU-35 R-MTJ-45 IIt-MU RO I) Use 43,560 I 21,710 12,030 12,999 7,009 5,000 30 35 45 75 ii II Retail Sates ! Anti Service { cis station—may f i ) P C c r include accessory f J ji convenience retail I I f and/or"minor S ! I repairs"as defined in IiI 9 Part VI,chapter II 21A62 of this titleII II t-- Health and fitness P P P I facility {{ I l Liquor store i { C C f C^_ I?estanrants,without 1 , C` C C P' drive-through i 4 111 facilities I t ) ! Retail goods I I f I 1 P4 P P P3 Iestablishments f r I Retail service t P` P P P' Iestablishments I i I ,,....— {li— Institutional { 1 I _ 'I ' ! IIAdult daycare center C I f __ __ C t C P P P P ! Child daycare center �_ C t C C J C C C C C C P P P P P P I 7 1. Governmental uses J �� C 1 C C P9 I! j and facilities _._____ I I � { w (Salt Lake City January 2005) 960-64 . . 21A.24.190 r-- ,1 ---..--- . — li 7.117GMtD ITEIRik' TT ED AND CONDITIONAL USES,BY DMIRICP f C=Canfialtional tJ PESIDMITIAL DISTRICI'S i•---• , 724-1/ 1.72a-2/ 1 3R-3/ R-li 11-11/ P..-1/ I ER-21 , fat-2 ° SR-3 rz.-2 RAU- /IMF. RMIle- roa•- RB R-MU-35 R-MU-45 R-MU BO 30 33 as 75 21,73 ::.:2ge 22,e,"JO 71,.'32, SAO I — r i Ikiluiztrm PF C C P3 II . H1! Music corzer.zaltrzy C C P I! Num:Ing cue fa-My P P C P P I (a=szction 21A.36.060 of this i I EL'e) --- _ i 1 -- Plf...,-tts of viorahip oa C C C C C C C C C C ..-----C--] C C C C C C C 13°_s 1+.;ss fama 4 r.c=_:3 .--- ——1 1 P4 Sclicois,professionL1 C C P3 P9 ; md vo=tional I I C C C C C C C C C C C C C P P ,1 irelious ins'aitatzs L— comaza-ciail r 7 nbo Vrrztory;naedi=2; 1 dal;opc:a2. Raat mei rattim C4 I c C C3 1 shop,with outdoor I 11 4 roin2;:ales= i . 9 P . • 960-65 (Salt I at,City February 2006) 21A.24.190 F1---- 7..EGE1 DP PEZ1 FFf )AND CONDITIONAL USES,BY DISTRICT C CaudltEa ni II RESLDE NT AL msnu(as P=Pe=61IItte3 Use S p FR-n/ PR-2/ ] .3/ Y P-v R'J 1R-1/ SR-1 SR-2 „R-3 ! 11_2 RMF- RP/5.- RMF- I2MEF- RB R-MU-35 R-MUD R-MU RO ,= Use 43,50 i 21,7e0 12,oso 11 12,00 7,0a0 S,003. 1 30 25 45 75 lcessory uses, P P P P P P P ' P P P P P P P P P P P ' exmrt those tit are I otherwise sca5ty re-gab-feed ha this meter,or eisemitere lin thls title Bed and breakthst C C7 C C C' C C 1 C° C 1 C C C' C' P P P P P t 6 Bed„�fil baralrust C C I C' C C' C P C P P P in N I lP_rd ao1 him?-Frch EMIC P nor Haase rsMrsean in C C C C C 1 C C C C C C C C C P C Fartfirnrr+sir=(see i� s bee pion I k 3 2Ilf�-01CS of thus { s ! ems) y OEFoe and reception C C C C C C C C C C C C C P C P P P9 p , mt-r':P.lit f .nirrPrmirr c • j e=(see STIST. ou .. 2E. 4•.O1OS of H 1 ) yL__H Pa tiderk and C C C C C , C C C C C C C C C C C C C parking,shared with th ch parkingIoton nirrial street ! I , (Salt n n�,..City F ebTEIZZT 205) 960-66 21A_24.190 ,• _ __ — _ _ 11 11 7_,E,CrvErTD ,-- . =SLUM.)AND CONDITIONAL USES,BY DISTRICT 1 l''---,Con614:c-,-1 7.1j,- - -- - RESIDENTIAL DISITZICTS ,lt• 7?=D.11:=.1.M.,r,'1"022 11 - 171/-1/ 17R-2/ FR-3/ 11-7./ R-1/ R-1/ SR-1 SR-2 SR-3 R-2 R1I,R7-. inv. IMP- Riff- RI3 R-IVM-35 R-MU-15 R-IVIU no 23.,753 /2,0-03 12143 7,053 5,000 33 35 45 75 11 _ - I ; 7)-qlci.,-ig,oiT sie. C C C C C C C C C C C C I I! facilities (cf.:es:may I ;i to parrnitled uses) I • ____ II Thablicifirivs .utility C C C C r, .., C C C C C C C C C C C C CY 1i il tr.ildings-.2aci ll ,. anicesres li Publiciptivete ufiity l' P P P TY 1. P P P P P r P P P P P P P Iitr,•-inission',VI:re F., HP.C3,pipes end ii _ IF r------7 i Reuse cir thi_zi-.&end CI' ,,--6 .... ICCICICC C C C6 C e^.6 •_. C C6 C6 C C C ii F.chool buildings — ---1 Ii Vettrinnry offiocs I C C C P' It Wireless telecomnin- nitions facilities i (se,e toble I 21A_40.090E of this title) , ...._—. --_-_-_--:--__=.% - .... .............._.. _ _ Quali.fying Provisions: 1._A.single apar=ent rmit Tony be located 0..)ove font floor retail/office. 2_ Provided that no more than 2 two-family baii-dings are 10,-WF'd adjacent to one mother and no more than 3 such dwellings are located along the same block face (within subdivisions approved after April 12, 1995). 3. Subject to conformance with the provisions of subsection 21_4-24.170E of this chapter. 4. Construction for a nonresidential use shall be subject to all piuvisions of subsections 21.A.24.1601 and J of this chapter. 5.See subsection 21.A_02_05013 of this title for utility regulations. 6. Subject to conformance of the provision in section 21A36.170 of this title. 960-66a (Salt Tate City July 2006) 21A.4.190 7.When located in a building listed on the Salt Lake City Register of Cultural Resources (see subsection 21.A.24.010S of this chapter). g_Buildings in excess of 7,000 square feet in the SR-1 and R-2 districts when located in a building Iisted on the Salt Lake City Register of Cultural Resources (see subsection 21A24.010S of this chapter). 9. Building 'r iitions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building's footprint. Building additions greater than 50 percent of the building's footpnint or new office building construction are subject to the conditional use process. (Ord. 13-06 § 4 (Exh_ C), 2006: Ord. 54-05 § 1 (Exh_ A), 2005: Ord. 11-05, 2005: Ord. 71-04 § 3 (Exh. C), 2004: Ord. 13-04 § 5, 2004: Ord. 5-02 § 2, 2002: Ord. 19-01 § 6, 2001: Ord. 35-99 § 20, 1999: Ord. 30-98 § 2, 1998: Ord. 19-98 § 1, 1998: amended during 5/96 supplement: Ord. 88-95 § 1 (Exh. A), 1995: Ord. 84-95 § 1 (Exh A), 1995: Ord. 26-95 § 2(12-18), 1995) (Salt i ai e City July 23S6) 960-66b Sterling Codifiers, Inc. Page 1 of 5 21A.24.190: TABLE OF PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS: Legend. C= Conditional I P= Permitted Permitted And Conditional Uses,By District Residential Districts 1 R- R- FR-1l FR-2/ FR-3/ R-1/ R-1/ R-1/ SR SR SR R- I MU MU R- 43,560 21,780 12,000 12,000 7,000 5,000 -1 -2 -3 2 RMF RTu1F RMF RMF RB -35 -45 MU RO Use J— �— -30 -35 -45 -75 1 i Residential: I 7 I C I I�I 1 II 7 Accessory guest and I I IL servants'quarters I -- — i - 11-1 � ( Accessory uses on accessory lots L - —_j ( II I r I Assisted living facit.ty, — I C P P C P P l P (large I L__— J 'Assisted living facility, I I ( C C I C C I CC P P P P P ' P P P small I —1 —JI_ 1 I Dormitories, I fraternities,sororities (see section 21A 35 150 of tt.`s I title) r jI 1 ' Group home,large C C C C II C C I C C C • (see section ;, I - 21A 35,070 citl-,'c ; ii I title) I Ii Group home,s.malll 'I r it P P I P P r P ---1 P— PPPIP P P PIPPPP e section �I I 21A3nC7=C', . I1 ' II ll 1 I titre) I; !i — _I I_I_ _ 1 L_ 11 __�._ i I I m,,-,_I`ec`u d I �-c P I' r P ! P �I P 1 P P_j j� P `I P I P I P P P I P P I P Mixed usej �� I I I P' P P P P developrnerts .I .I 1 ' includlnc residst s,I 11 II I I 1 I I II i end other Us is ! ; i I I eilo�,ved in ins z_ I; II I 11 I I I I I I I I i district JI I I II I t.lulrpl f-c:'l' II I I I 1 —1 P P P= P I I P P P P ' dc.a!I Ggs II I• _ J — I_ ___ I I —I_II I � L—Ij I I Nursing car h_c. , Ir 1 I �� II I I IJ 1 Ij F I P 'II I IPIPI (see section I II I I I j I 1 ; • 21A330E0c`.ties 1I I I1 I 1 j I i II tide) I I ! I !�1 it 1 �' I ! I II _ I I,, Resider heal: e e II �I — - II I I =l—I1—P—I P P i; r •F �F p i p I P II facility(see sect' ., II I 1 I I I i I 21A:5 n_n of this ji • I i i title) — -ti 1.— -L-- I— _ 1 II _II_ I Residential sobs. j j -- I I -11 I II I 1 lI i 1I' I 11 1 ,I I abuse treatment II i I I home,large I! I II �� �I I 1 1 II II I li ! I I 11 Rcsdent,z!suLs:2 I' I(- I— iJ =i --',I I—� P —I P P I' P 1; P S abuse trerinsrt ;I 1 I home,sma7 ij I —I I! I l �j — II 9 Rooming(boe•ci:-.g` 1 C C C C C C I C house __ �� _ :I ; 1I i I I , jSirc' _f2n`. =i I iI I P ^1 f —P= r P I'— I P F P II F ____ kings — -- —'1 — � jI I — I--� 1 Il t _ pi _1 I 1 Singie n:Pj— Ij —i P P IP =1I P I P FP p P 1 P j P ��F 1 P P I detached d•:,erne I II I I 1 li €j Transit,onsl t;se.�, .._ II J� c 1, C ! II C C 11 C I I home,large(see I I I II ! !section IA?, _ 1 thisHi ;I I I I I 1--I I ; I I initn•//aimrvr ctrrlincrrnrlifiere r,nm!rnrlrhnnk/c tPnni:Tlata nhn?irl=A'icerfir-in id---- PJi(tig&L- 1fl/R(')n1('I Sterling Codifiers. Inc. • Page 2 of 5 Transitional treatment I I C C C C C C C home,small(see I section 21A 36 090 of this title) I I I l I ---. Transitional victim. I C i C C C C home,large(see section 21A 36.080 of I this title)T I I It__I I _ Transitional victim I I ` C C P ( CCPP home,small(see section 21A 35 080 of this title) [__./ , Twin home dwerings ` P P P P P P 1 P P P `Two-family dwellings I ---1 P P p21 P P PP PPP J lIOffice and related lI uses II _ L— _�__I — II Financial institutions — — ~— ' : with drive-through facilities «,,[:- ....� Financial institutions II P P Ps pe without drive-though facilities I 1 Medical and dental i I C I C CIT— C Ca I Ca ` clinics and offices L _ �__ II 1 Municipal service I C I C C 1 C C C CCCCC I C ' C (I C CCC C C—3 uses,including cit/ II 1 utility uses and poi.ce i and fire stations l- _ I —_, i. I Offices,excluding I I1 (_ - I C l c Il c' C C C' r Cs I medical and dents! 11 !; ' i clinics and offices 1 ! II Recreation,cultural II II and entertainment 1 i, I. I I _ I I I II I__I g Art galena; -,= II I-- — i—R---- - II II P I' P P p3 I P I Art studio IP— 1 I1 1 1 _ I I I -IL I II I P lI P IILI P P, Community end P recreation centers, 11 Ii public and private en I1, i Ilots less than 4 acresI II in size I II I _ _ It I Commun,ty gardens-i —i C I C I C C I C C I C I C C P P 1 P P P P ^ P II P i P Il as defined in chapter I! I. I I ' I i i i. 21A.62 of this tit e ii and as regu's'._d by I II 1 I subsection I; i I I 1 I 2.1A2,C10Oofthis i; ! I I I I chanter II II -I_ I L- _L ,I I__., Dance sfi dio 1 I ---.I — I I P P P P3 1 I [ li r II I� 1 C C I CI_____!C Live ercr.mao,ce theaters I �I I —__i Movie theaters _II =�,_ I Pi _ I 1 I I I _ Pi PP� i C j c I Natural open space II P I P i P P I P I P7 P P PIP P I P—I P I P PIP P P i and conservation I areas on Ices less I I I I �I than 4 acres in sizes I ; Par[is and P iI P P 11 P P 1 P P I P Ij P P I P P '1 P I P P I P 1 P P playgrounds,pv•c,c II II I I I I I I / land private,lass than i' I { i �I 14 acres Ir.S=9 I 1 I V !i it !I I I I —VI —1 iI I [Pedestrian pat-.wags P P P f P I P -;� Ji,P 11— r P P I P P P P II P I P P'' P II P trails and creenways ii II I i I II — I I' L_,L_ I Ii ti t l o 1i e b � /Cr 4 pn' —o r 88 5o n,7 10/8/2010 llttt,: �i;ti�i�,-.S er Lil_�"'C1C_li1�iS.COi11�C0�C 00=�r,_e��iOOI�T �tt_l.)Jl1 1Cl—eLS:;C1D11 IC=JuI)O�Of.:,��... Sterling Codifiers, Inc. Page 3 of 5 Private clubs/tavern! I Ca lounge/brewpub, I I 2,500 square feet or less in floor area I l Retail sales and I ^-1 I I service: Gas station(may I I I 1 CCCC include accessory I convenience retail and/or minor repairs) as defined in chapter ' I 21 A 62 of this title I I — i I �_ 1 Health and fitness I I C C I C C I facility J I I Liquor store JI IL i -I J -1I I I I I _I-- II Restaurants,without _--- ^-�--, ---- jI pa drive-through faculties _it 1 goods — -- I— — J — Pa —P P Retail 111 1.---- establishments I �_ i '1 Retail service i I 1 ( p 4 p P II establishments Institutional I( r------1 �._.-_Ji I _ ]I_ I I L ■ Adult daycare center II 1 1 1I P P P P Child daycare center ; I _ [ 1. 1 �I I i P1 P P P P P Governmental -i— uszs I _I _-__ —[ j I C C C C p6and faciliiizs Library I C I C C C C C CIC I C C 'C C C C C Museum II _I 1 I I� 1 I I I flI P C�I c P I Music conservatory I II II _1 II—_I I _ _I� i P I C C P I Nursing care facility II ( I I P P I P P (see section ; I i i 2 1 A 36 050 of th's I I I title) _ - - �- I I -._J •i Places of wors•hip c❑ 1 C I C C C C I C C ICCC I C I C C CCCICCI lots less than 4 acres I lin size i I II � I_ _% I - Schools,professional �_ _ I I I P° 1 C r C p3 1 11,3 li and vocational I _ I _ !Se inaries and i' I C C C C C C I C I C 1 C C IC IC IC C IC rel:gious institutes I{ II I _ l I _ _ __,L__( f _ 1 Commercial ;� IL I 11 II I Ih_I'.�--I I; IL I� II_ IIh I I Laboratory,mad cell, li iI ----- I I II I — ----i;l P7 - dental,optical I' I i 1 I I L- i- IL— II I — — ——— I I I—•—I --; ;I— I �i f 1,Pert and gardenI shop,with outdoor I � retail sales area li I _ II -I Miscellaneous I 1 I:_ 1,1 I �I II II I I �,_ I ! I I Accessory uses, II F I F II P P P P I P 1 I P P = P I P P I P I' P IP I-P I P iI P I except those that are 11 (i I I ! othenvise specitally ' I I regulated in th s I' II I I I i chapter,ore'sa:,he l• I I �j II I' i - !in this title I I Bed and breakfast ! I ' 'i I I P II I I I_ I l Bed and bra:kfast n II �I I P P P - I II — _______1_____i!_1I -- -----L ___==-i----- - 'i---I'— —' ! P I! I Bed and brea'Kwst it I JI I 1 11� P r II ( manor f It —1 I I II 1 �'I I II L�' _)(__[ 11 Crmatcriuc II — I 11 II II '= IIl II I C 11 C C ^I II 1 11 l i 1itrtn //vvnwZvct rlit10cnditiers_corn/r..Cciehc)nic/getllookDaia.nhn?ict=&sec.fion id=583o5&_°.J;-.. 10/R/7010 Sterling Codifiers, Inc. Page 4 of 5 I Funeral home IF Ii III I C C C House museum in C C I C I C C C C CCC C C C CC II C C C fi landmark sites(see subsection 21A 24 010T of this chapter) _ L___ 1 Offices and reception C C C C C C C C C I C C C I C IC C C C C6 centers in landmark sites(see subsection 21A 24 010T of this chapter) __ Park and ride parking, I shared with church I parking lot cn arterial j street I_ I, j ) I Parking,off site facilities(accessory to permitted uses) j I I ^^ _ Parking,off site(to I C I C C C C support nonconforming uses ' in a residential zone i or uses in the CNcr 1 CB zones) l I Public/private utility I F5 Ps P5 Ps Ps P5 P5 P5 p5 p5 I p5 P5 P5 Ps PS P5 P5 p5.r buildings and ' structures5 _ I ___ __, 1 Public/private utility I P P P P P P I P P P P P P P PIPP PP transmission wires, i • _____.:L lines,pipes and poles5 i _ i I_� Reuse of church and I I school buildings �� I j _ I �. Veterinary offices P3 Ps W fEe55 -_-- 11 ( I i II 1 I I telecommunications 1 facilities(see table i 21A4009CEofthis I I title) I I ,j I _,I Qualifying provisions 1 A single apartment unit may be located above first floor retail/office 2 Provided that no more than 2 two-family buildings are located adjacent to one another and no more than 3 such dmel5nes are located along the same block face(within subdivisions approved after April 12,1995). 3 Subject to conformance with the provisions of subsection 21A 24 170E of this chapter 4.Constructicn for a nonresidential use shall be subject to all provisions cf subsections 21A.24 1601 and J of this chapter 5.See subsection 21A.02 050B of this title for utility regulations. 6 Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building's footprint Building additions greater than 50 percent of the building's footprint or new office building construction are subject to the conditional use process 7.Subject to conformance to the provisions in section 21A 02 050 of this title. 8 A condit oral use permit fair a class B or C private club or association shall be subject to the following qua'ifying provisions For the purpose of these provisions a class B or C private club or association shall have the meaning set forth in title 5 chapter 5 50 of this code,as amended a In approving a ccnd t.onal use permit for a class B cr C private club or association the planning commission shall. (1)Reqo're that a security and operations plan be prepared and filed with the city which shall include (A)A complaint-response community relations program; (B)Having a representative of the private club or association meet with neighbors upon request to attempt to resolve any neighborhood complaints regarding the operations on the premises; (C)Des.gn and construction requirements to ensure that any sound level originating within the premises,measured within 15 feet from an exterior vial;or door thereof,does not exceed the maximum permissible sound level set forth for residential use districts in section 9 28 060 of this code, (D)Aliov,ing live entertainment only within an enclosed building subject to the foregoing sound limit; (E)Prohibiting electronically amplified sound in any exterior portion of the premises; (F)Designating a location for smoking tobacco outdoors in conformance with state lave; (C)Having trash strewn on the premises,including any smoking and parking lot areas, be collected and deposited in a trash receptacle by 6.00 A M.the following day;and (H)Having portable trash receptacles on the premises emptied daily and automated receptacles emptied Si least v.eekly.Automated receptacles shall be located only within a city approved trash storage area; the site plan end floor planproposed for the premises,and as result of such review may require design features intended to reduce (2)Review P alcohol related problems such as consumption by minors,driving under the influence,and public drunkenness; (3)Require buffering where a private club or association abuts a residential building or area,including landscaping or wa Cs along any property line httr-liwww.sterlinffcodifiers.coin!coclebook/getBookData.phP?id=&seretion id=588658&k... 10/8/2010 Sterling Codifiers, Inc. Page 5 of 5 or within any required yard area on the lot where the premises are located; (4)Require that landscaping be located,and be of a type,that cannot be used as a hiding place;and (5)Require that the exterior of the premises be maintained free of graffiti at all times,including the main building,any accessory building or structure,and all signs. b.lf necessary to meet the standards for approval of a conditional use permit set forth in sect.on 21A 54 080 of this t,tle,the following condit ons may be imposed (1)Require parking area lighting to produce a minimum foot-candle that provides safe lighting for pedestrians but does rot intrude cn residents' enjoyment of their homes;and (2)Consider the proposed location of an outdoor smoking area in the security and operations plan and the potential effect on neighboring residences,businesses and buildings and designating a new area if the area designated in the security and operations plan appears to adversely affect neighboring residences,businesses and buildings. (Ord.19-10§5,2010:Ord 12-09§1 (Exh.A),2009:Ord.61-08§4(Exh.C),2008.Ord.60-08§9(Exh.C),2008:Ord.21-08§2(Exh.A),2008 Ord 2-08§1,2008:Ord 13-06§4(Exh.C),2006 Ord.54-05§1 (Exh.A),2005'Ord 11-05,2005:Ord.71-04§3(Exh.C),2004.Ord.13-04§5, 2004:Ord.5-C2§2,2002:Ord. 19-01 §6,2001:Ord 35-99§20,1999:Ord.30-98§2,1998:Ord 19-98§1, 1998:amended during 5/96 supplement.Ord.68-95§ 1 (Exh.A), 1995'Ord.84-95§1 (Exh A), 1995'Ord.26-95§2(12-18), 1995) •1 t:; !/n ;r c,r-r1 r mrnr ifier nn10)n n_n11n"id=&.seection id=506t-L)o:.;<... 1 0/X/'2010) Salt Lake City Planning Commission April 26, 2006 Commissioner Scott desired to clarify some of the conditions, namely the condition regarding the 100 percent landscape for the park strip requirement and the condition relating to the hours of the stores. Discussion commenced between the Commissioners and Staff regarding the hour requirements. It was determined that the hours should be regulated by existing ordinances; therefore, striking condition 1) e. entirely. At 8:39 p.m., Vice Chairperson McDonough recognized Council member Nancy Saxton in attendance. Vice Chairperson McDonough stated that condition 1) h. relating to the 100 percent park strip landscaping be withdrawn. She stated that the project is an urban project, with retail facing the edge of the street. She stated that if a parking strip edge was required, less dining space will be provided. Mr. Damico was asked to clarify the desire of the developer relating to the landscape proposal. He stated that the desire is to have a South Temple, 300 West sense of a neighborhood. He stated that requiring continuous grass eliminates the option for a hardscape surface for outside dining and pedestrian walking paths. Commissioner Chambless stated support for the development and mentioned that with this development further growth is bound to occur. Commissioner Diamond stated that he agreed with the 100 percent requirement for park strip landscaping because of the vehicular traffic and the cooling effect landscaping can provide. Commissioner Wirthlin requested comments from Staff regarding their reasoning for the condition. Mr. McCandless stated that the requirement was added for consistency with the existing park strip ordinance. A straw vote was taken for the option of striking condition 1) h., with only two votes to withdraw; the option failed. Commissioner Scott requested that a condition be added to the four foot wide area on the west side of building I<on proposed Lot 1 to require trees. She noted that the condition denotes landscaping, but is not detailed enough to include trees. Mr. Damico stated that trees will be located between Pugsley and the buildings on proposed lot 1. Ms. Coffey stated that the zoning ordinance requires a certain number of trees as a buffer to the area. Regarding Petition No. 400-05-40 concerninctthe zoning for the east and west side of 300 West Street between 500 and 600 North. based on the findings of fact identified in the Staff Report. the testimonyand conversation during the Planning Commission meeting. Commissioner Seelict made a motion to transmit a favorable recommendation to the City Council to approve the proposed zoning map and masteri2l.n amendments to identify the subject property as Residential Mixed Use (R-MU)Zoning. Commissioner Wirthlin seconded the motion.All voted "Aye". The motion passed. Regarding Petitions No. 410-06-09 (Planned Development),480-06-04 (Preliminary Condominium Approval), and 490-06-19 (Preliminary Subdivision Approval), Commissioner Scott made a motion that the Planning Commission approve the petitions in view of the findings,staff analysis, and testimony presented at the meeting,and in accordance with the conditions listed below. withdrawing condition 1] e. Commissioner Scott also included in the motion that the maximum height for Buildings A& D be approved at 60 feet or five stories. Commissioner Chambless seconded the motion.All voted "Ave".The motion passed with the following_conditions: .1) Conditional Use/ Planned Development approval subject to: a. Granting the following waivers to the Zoning Ordinance with the direction to Staff to modify other provisions of the zoning ordinance if necessary to implement the development plans as approved by the Planning Commission: i) Proposed Lot 1 - Buildings H, J and iR 12 Salt Lake City Planning Commission April 26, 2006 A. Reduction in the required landscaped setback for the interior side yard • setback from 30 feet to approximately 6 feet on the east side of the lots between the buildings. B. Reduction of the required 10 foot landscaped buffer from 10 feet to approximately 4 feet along the west property line. C. Reduction of the required perimeter landscaping from 7 feet to approximately 1 foot along the south property line. ii) Proposed Lot 2 -Building A and parking lot for the grocery store A. Modifying the rear yard buffer from 10 feet to the varying dimensions as shown on the east property line. B. Reducing the perimeter landscaping requirement around the parking lot to the varying dimensions shown on the proposed site plan. C. Reduction in the required 1st floor glass requirement from 40% to approximately 28% on the 600 North building elevation. iii) Proposed Lot 3 -Grocery Store I Retail Space A. No modifications are required. iv) Proposed Lot 4-Building D A. Reducing the required setback for a parking structure in a corner side yard from 45 feet to approximately 20 feet. B. Reducing the 20% open space requirement to approximately 17%. v) Proposed Lot 5-Townhouses (7 units) A. Reducing the required rear yard setback from 30 feet to approximately 22 feet. B. Reducing the required 10 foot yard buffer on the east property line to 0 feet. C. Reducing the required 40% 1st floor glass requirement to approximately 23%. vi) Proposed Lot 6-Townhouses (4 units) A. Increasing the maximum front yard setback from 15 feet to approximately 19 feet. B. Reducing the required rear yard setback from 30 feet to approximately 12 feet. C. Reducing the required 10 foot yard buffer on the east property line to 0 feet. D. Reducing the required 40% 1st floor glass requirement to approximately 5%. E. Waiver of the lot frontage on a public street requirement (Section 21A.36.010C. Frontage of Lot On Public Street). b. Conditional use approval of the proposed off-site parking and office space. c. Deferral of the architectural review of buildings on the east side of 300 West Street to Salt Lake City Historic Landmark Commission. d. All outdoor lighting should be directed downward and designed to not adversely affect any adjoining property. c. s D f ' I ruin t� r ,eta 4.,it�.,r. -'_aGC�T- �u_St9rc_!'E:;Er_�r�r';?_�.c��-c-c=,-1._1r1.t�-�t�_Rtii-Grp'CF-cta✓rrrri;�-iy�-iGtuelra�iic a ':-So`f1' -sh -will-lb e opon-1:-htil- idnight-cr as proves:!t,y-t:?a- 1ann—i' Blr-octtr; f. The proposed development must meet all applicable City, County, State and Federal requirements. Cl. Providing significant landscaping including trees along in the 15' 0"wide area on east side of Building A where it abuts the SR-'I zoned properly as approved by the Planning Director. 'i 3 Salt Lake City Planning Commission April 26,2006 h. Park strip landscaping as required by the Zoning Ordinance should be installed instead of 100%pavers as shown on the site plan. i. Any encroachments into the public way will need to be approved by the Salt Lake City Property Management Division. j. Conditional use approval of the second floor office space on the north building on Lot 1 k. Providing a screening fence along the property zoned SR-1 as approved by the Planning Director. I. Approval of the tree selection and planting plans in the public way by the City Urban Forester. m. Planning Director approval of the final landscaping plans and number of parking spaces. n. Approval of the proposed rezoning and master plan amendment(Petition 400-05-40). 2) Preliminary Condominium approval of Building D on Lot two and the townhouses on lots five and six subject to: a. Recordation of the necessary condominium plats and supporting documentation. b. Meeting all applicable City Departmental and State Code requirements specific to condominium approval. 3) Preliminary Subdivision approval of the proposed six-lot minor subdivision as modified by the Planning Commission subject to: a. Recordation of a final subdivision plat including necessary cross-access easements and utility easement dedications. b. Meeting all City Departmental requirements including resolving any sewer,water and storm drainage issues with the Public Utilities Department. c. Implementation of an Owners Association that addresses the maintenance of driveways, sidewalks,entry features,utilities etc. UNFINISHED BUSINESSAuk There were no items of unfinished business to be heard. The meeting was adjourned at 8:53 p.m. Cindy Rockwood,Planning Commission Secretary '14 • vy yttM �, r't,Fi SALT LAKE CITY CORPORATION '•� y ' _e-ii Buzz Center -911 •:jag,t'>_IT ' %; 451 South State Street,Room 215 Phone: (801)535-7700 1- '` ` P.O.Box 145471Fax :(801)535-7750 °iJii,^ ` l Salt Lake City,Utah 84114 Issue Date:Mar 09,2011 HOWA CAPITAL LLC PLANNING COMMISSION 68 SOUTH MAIN ST SUITE 900 Petition#:PLNPCM2011-00096 SALT LAKE CITY, UT 84101 Project Name: MARMALADE WEST Project Address: 569 N 300 W Detailed Description: Amount Description Qty Dept C Ctr Ooj Invoice Paid Due Invoice Number:847423 Postage ( l 60 106 p0600 1890 S 26.4C1 Film Fee 2 106 100900 125111 $ 954.51 Total for invoice 847423 I $ 980.9a1 r j $ 980.9E Total for PLNPCM2011-000961 $ 980.9E1 $ 980.9E OFFICE USE ONLY Intake By: AA1589 CAP ID## PLNPCM2011-00096 TotalDue:$980.98 az".rev. lsper r„its,coal Remarks: Petition No: PLNPCM2011-00096 By: JR Howa Zoning Map Amendment Date Filed: March 9, 2011 Address: 300 West between 500 and 600 North Marmalade West SALT LAKE CITY COUNCIL STAFF REPORT DATE: August 4,2011 SUBJECT: Petition PLNPCM2010-00045-Proposed changes to the City's zoning regulations for wireless telecommunications antennas, facilities and equipment. AFFECTED COUNCIL DISTRICTS: If the ordinance is adopted it would affect Council Districts citywide. STAFF REPORT BY: Nick Tarbet,Janice Jardine ADMINISTRATIVE DEPT. Community Development Department,Planning Division AND CONTACT PERSON: Lex Traughber,Senior Planner COUNCIL PROCESS/NOTICE: The Council is scheduled to receive a briefing at the August 9"'Work Session.Zoning regulation changes require public hearing advertising a minimum of 12 days prior to the hearing. If the Council is comfortable moving this item forward,Council staff has identified the following tentative dates: • August 23,2011 Set public hearing date • September 6,2011 Council public hearing • September 27,2011 Consider action KEY ELEMENTS: A. The City adopted a comprehensive Zoning Ordinance in April 1995.The Administration indicates that, since that time,the wireless telecommunication regulations have become outdated and cumbersome. The City has recognized a need to update the wireless telecommunications ordinance to encourage the • appropriate location of these types of facilities and to stay up-to-date with industry standards. • B. An ordinance has been prepared for Council consideration to change the City's zoning regulations for wireless telecommunications antennas,facilities and equipment.The Administration's paperwork outlines the following revisions. Encourage Co-location Currently,co-location is not recognized as a permitted use,even if a wireless telecommunication facility is being located on a previously approved site.Because of this,applications for new wireless telecommunication facilities that are locating on a previously approved conditional use site must go through a separate conditional use permitting process in order to co-locate. This is costly for • providers as well as for the City,and delays service improvements. Proposed Change:Allow co-location of a wireless telecommunication facility on a previously approved wireless telecommunication site such as an existing building,structure,or antenna support structure as a permitted use provided that: • There is no increase in height proposed; • All additions and improvements are located within the previously approved area;and • All changes are in compliance with the provisions set forth in section 21A.40.090E. 1 Clarify Screening Requirement Currently, screening is required for all roof mounted antennas located on top of existing penthouses or mechanical equipment rooms. The screening requirement is burdensome because it is often more visually intrusive than the antennas themselves and can interfere with antenna reception. Proposed Change: The proposed amendment eliminates the requirement for roof mounted antennas and antenna support structures to be enclosed by a structure that creates a visual screen. By eliminating this screening requirement for roof mounted antennas, the proposed text amendment prevents visually intrusive screening structures and mitigates potential reception problems caused by such screens. Stealth Antennas The proposed amendments include a new and expanded definition of stealth antennas to include all stealth antennas as a permitted use. Currently, stealth antennas are limited to flag poles and antennas located within an existing structure where there is no exterior evidence of the antennas. All other stealth antennas are subject to the regulations of non-stealth antennas. Proposed Change: Expand stealth antennas to include telecommunication antennas completely disguised as another object or otherwise concealed from view thereby concealing the intended use and appearance of the facility,as a permitted use in all zoning districts subject to meeting the provisions contained in the Code. The proposed section requires a stealth antenna to conform to the dimensions of the object it is being disguised as, and the location of the stealth facility shall be in concert with its surroundings. The section provides examples of such stealth facilities, including,but not limited to flagpoles, light pole standards, or architectural elements such as dormers, steeples, and chimneys. The proposed section also allows for final determination regarding stealth poles to be made by the Planning Director based on the standards outlined in Section 21 A.40.090E(2)(f). Currently, stealth antenna is not defined in the City Code. A definition is proposed to be included in Chapter 21 A.62-Definitions and in 21 A.60-List of Terms. Placement of Electrical Equipment Currently, electrical equipment regulations in the Code are specific only to wireless telecommunication antennas located on utility poles and are not applicable to all other antennas. In addition,the current Code states that electrical equipment located in the rear yard area must conform to the location requirements for an accessory structure in the underlying zoning district. Proposed Change: The proposed amendment eliminates the accessory structure location requirement, and instead allows electrical equipment to be located within the buildable area as long as it is not located between the front and/or corner façades of the building and the public right-of- way. A new section is provided for wireless antenna electrical equipment. Specific criteria includes regulations for location,placement and dimensions of electrical equipment for all antennas, not just antennas located on utility poles o Equipment in the public right of way shall either be attached to the utility pole or placed underground. o Equipment located in a residential zoning district shall not exceed a width of four feet (4'), depth of three feet(3'),or a height of four feet(4') o Equipment located in CN,PL,PL-2, CB, I or OS zoning district shall not exceed a width of six feet(6'), a depth of three feet(3'), or a height of six feet (6'). o Equipment exceeding the specified dimension size shall be reviewed administratively as a routine and uncontested special exception subject to criteria specified in the zoning regulations. 2 • Equipment shall be located in the rear or side yard or within the buildable area as long as it is not located between the front and/or corner facades of the building and the public right-of-way. Equipment in the front or side yard shall be placed underground. Limitations for wall and roof mounted antennas Currently, the Code has an area limitation for wall and roof mounted antennas of forty(40) square feet for each exterior wall of the building or a total of one hundred and sixty(160) square feet per building. These restrictions are universal and therefore do not take into account the various different building sizes. In addition,these restrictions have proven to be problematic in the permitting process and can be difficult to enforce due to approximate measuring from street view. Proposed Change: The proposed Section 21 A.40.090E(7)removes the total building limitation of one hundred and sixty(160) square feet and refines the area limitations by proposing the lesser of sixty(60) square feet per exterior wall or a total of five(5)percent of the gross square footage of each exterior wall. An updated illustration of wall mounted antennas is also proposed to be included in Chapter 21A.62- Definitions. (See Attachment A) Remove conditional use requirement for antennas located on non-complying buildings that exceed the minimum height limit of the zoning district Currently,the location of antennas on noncomplying buildings that exceed the maximum height limit of the zoning district must go through a conditional use approval process. Proposed Change: The proposed section encourages antennas to locate on existing structures, as opposed to building new single use monopoles or mounting structures,by allowing antennas to locate on noncomplying buildings that exceed the maximum height limit of the zoning district as a permitted use. Eliminate optional performance bond language for abandoned telecommunication facilities The Code currently provides an option for requiring a performance bond or other means of financial assurance to guarantee removal of abandoned poles. Proposed Change: Eliminate optional performance bond language in section 21A.40.090E(11)that is an option for requiring a performance bond or other means of financial assurance to guarantee removal of abandoned poles. The rationale behind this proposal is that performance bonds are rarely, if ever, required, and further are difficult to track and administer. Utility Pole Mounted Antenna Currently,the City does not regulate the height of utility poles. The current Code allows an applicant to increase the height of a pole by ten feet(10'). However, since the time that this section of the City Code was written, Occupational Safety and Health Administration(OSHA)implemented an industry standard that stipulates a minimum ten foot(10')clearance between the highest antenna line on a particular pole and a proposed wireless antenna(Attachment B). The result has been that antennas could no longer locate on utility poles without exceeding the ten foot(10')restriction found in the current code. Proposed Change: Because the City does not technically regulate utility pole height and in order to encourage antennas to be located on existing structures,the proposed section includes the removal of utility pole replacement height restrictions. The changes also include increasing the width of permitted utility pole mounted antennas from 24"to 30". Utility pole mounted antennas exceeding 30"in width would require conditional use approval. Locating on City—owned Property or Land Zoned as Open Space 3 Discussion: The purpose of this provision is to provide advanced notice that approvals from other City agencies or governmental entities may be needed beyond the permitted use or conditional use process required by the Zoning Ordinance. (Example: a cell tower proposed to be located on property governed by the open space program would be subject to the provisions of City Code section 2.90) Proposed Change: Include language to provide notice that agencies other than the Planning or Building Services divisions,that govern City owned property or open space zoned land,may need to review the proposal. C. The Planning Staff report provides findings for the Zoning Ordinance Section 21 A.50.050— Standards for General Amendments. The standards were evaluated in the Planning staff report and considered by • the Planning Commission. (Discussion and findings for the standards are found on pages 6-7 of the Planning Staff report.) D. The Planning Staff report indicates the proposed text amendment address planning issues brought on by the rapid growth in the demand for low power radio services, including cellular and Personal Communications System(PCS)and paging systems. The proposed amendment encourages the appropriate location of wireless facilities and streamlines the permitting process. E. The planning staff report also points out the proposed amendments implement the best current, professional practices of urban planning and design by mitigating visually intrusive wireless telecommunication facilities through the encouragement of co-location,the removal of visually intrusive screening requirements, and the inclusion of stealth antennas as permitted uses in all zones. F. Public Process -An Open House was held on November 18, 2010. Notice of the Open House was sent to Community Council Chairpersons,business groups,and those whose names are on the Planning Division's list serve. Notice was also posted on the City's website. Several comments were received from industry representatives regarding the height restrictions for utility pole mounted antennas. The comments were taken into consideration and are reflected in the proposed ordinance. G. The Planning Commission held a public hearing on April 27, 2011. No one from the public commented on the proposal. The Commission voted to forward a favorable recommendation to the City Council with one modification to clarify that electrical equipment would not be allowed in the front and/or corner yards between the building and the street. (Sec. 21 A.040.090.E.3.b) The proposed draft before the City Council includes the revised language. During the meeting, one Commissioner asked about the removal of abandoned poles. Staff responded it would be done on a complaint basis and the City would use traditional enforcement methods. H. The City's Departments and Divisions have reviewed the request. In general,there were no concerns regarding the proposed changes. The Airport Department said it is imperative that the proposed ordinance amendments continue allowing antenna installation and maintenance at the SLC International Airport. MATTERS AT ISSUE/POTENTIAL QUESTIONS FOR THE ADMINISTRATION: A. The Council may wish to ask whether the capability of the Administration to track performance bonds has been enhanced with the implementation of the Accela program. Further,the Council may wish to ask the Administration whether other cities have experienced the issue of abandoned towers. 4 B. The Council may wish to discuss the following questions with the Administration: • Would the definition of stealth antenna allow installation of a plastic palm tree or a pine tree? • How would the recent consideration of the monopole at the Public Safety Building have been different if this ordinance were in force at the time? Would it have been considered an allowed use? Would this ordinance affect the action that the Council took at that time in any way? • At various times in the past the City has received complaints from neighborhoods about antenna installations. Does the Administration find that there is a greater public acceptance of these than in the past, or are changes suggested in this ordinance minor enough that opposition is not anticipated? MASTER PLAN AND POLICY CONSIDERATIONS: A. The Administration's paperwork notes the following relating to City policies and master plans. • The purpose of the proposal is to update Salt Lake City's wireless telecommunications ordinance to encourage the appropriate location of these types of facilities and to stay up to date with industry standards. The proposed revisions are for maintaining, updating and clarifying the Telecommunications Ordinance, and as such are consistent with adopted City planning documents. • Additional citywide master plan and policy considerations are provided below. B. The City's Strategic Plan and the Futures Commission Report express concepts such as maintaining a prominent sustainable city, ensuring the City is designed to the highest aesthetic standards and is pedestrian friendly, convenient, and inviting,but not at the expense of minimizing environmental stewardship or neighborhood vitality. The Plans emphasize placing a high priority on maintaining and developing new affordable residential housing in attractive, friendly, safe environments and creating attractive conditions for business expansion including retention and attraction of large and small businesses. C. The Council's growth policy notes that growth in Salt Lake City will be deemed the most desirable if it meets the following criteria: 1. Is aesthetically pleasing; 2. Contributes to a livable community environment; 3. Yields no negative net fiscal impact unless an overriding public purpose is served; and 4. Forestalls negative impacts associated with inactivity. D. The City's 1990 Urban Design Element includes statements that emphasize preserving the City's image, neighborhood character and maintaining livability while being sensitive to social and economic realities. Policy concepts include: 1. Allow individual districts to develop in response to their unique characteristics within the overall urban design scheme for the city. 2. Ensure that land uses make a positive contribution to neighborhood improvement and stability. 3. Ensure that building restoration and new construction enhance district character. 4. Require private development efforts to be compatible with urban design policies of the City regardless of whether City financial assistance is provided. 5. Treat building height, scale and character as significant features of a district's image. 5 6. Ensure that features of building design such as color, detail, materials and scale are responsive to district character, neighboring buildings, and the pedestrian. CHRONOLOGY: January 29, 2010 Petition delivered to the Planning Division Feb— Sep.2010 Researched wireless telecommunication literature including ordinances from various cities. Composed a draft ordinance for review. November 18, 2010 Planning sponsored Open House Jan—April 2011 Revised draft ordinance based on internal and public comments April 27, 2011 Planning Commission public hearing May 10, 2011 Ordinance requested from City Attorney's Office May 11, 2011 Planning Commission ratified April 27,2011 minutes May 12, 2011 Ordinance received from City Attomey's Office May 24,2011 Transmittal received in Council Office cc: David Everitt,Bianca Shreeve,Karen Hale,Art Raymond,Holly Hilton,Poonam Kumar,Ed Rutan,Lynn Pace, Paul Nielson,Jeff Niermeyer,Tom Ward,Rick Graham,Maureen Riley,Allen McCandless,Frank Gray,Mary De La Mare-Schafer,Orion Goff,Les Koch,Larry Butcher,Craig Spangenberg,Randy Isbell,Wilf Sommerkorn, Cheri Coffey,Joel Paterson,Lex Traughber,City Council Liaisons,Mayors Liaisons File Location: Community and Economic Development Dept., Planning Division,Zoning Text Amendment— wireless telecommunications antennas,facilities and equipment • Antennas Mechanical Equipment ; 1111 1.- 1111 r l�wN Maximum Distance w=m= ■-' wl= _= mIMss=ml 1=m=•G =. cam t=IIIIIIIR t. !=maimmw From Wall•4 Feet Room, r=man t a- i _=y .aimSWmeSW1 1=sai•.1 EMI MIN ate 1=ai===w Penthouse MSIMIM Milli5 ion Mes. iIMIM===1 1==MIa I r=== ai1 -., wl=c wsIMm=sl =salt. •— .:., lass=air or Parapet RIMIMIM:: aaa.. =mat _—E IN SWIM me=IMI 1=OEM IC:_=[=� a:_t=rt INN s=w Wall y====m===SWm====IMIMmmeme. 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N t %,i-, :YA `ems' •�'••• Yrl_ -- r `lei '' • Area Measurement: 4_ ``' Maximum area coverage for any " % `'" vat" d Combination of Wall or Roof Mounted Antenna is the Lessor of 60 square feet or 5 percent of the gross square footage of each exterior wall as Measured Around Each Individual Antenna and Supporting Structure as Viewed Looking Directly at the WALL MOUNTED ANTENNAS Antennas. I o MICROWAVE , a clearw're© � ANTENNAS, © (P)CLEAMMRE PANEL ANTENNA (IYP.OF 3 SECTORS) 1 (P)CLEARINME MICROWAVE DISH ANTENNA,TYP.OF I (P)OLD VBRE PANEL ANTENNA T- TT (M.OF3SECTORS7 (ry-TOP OF U7UITY�J, ' iA (P)CLFARIMRE RRU3 Y A Ca l__ (1YP.OF33ECIORS) / II I I Ii Cd$Cddl1 PM (P)CIEARWIRE MICROWAVE DISH ANTENNAS A, i 1 i'1' S74 MD CLOSURRA (P)CLEAF3 SECT Min SECTORS) II I t I (T ! 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AND METERLOCATEDBEHIND BUILDING / Egg f APROARM'LEASEFROA(FENCE NOT ' IN A(P)770'LEASE AREA(FENCE NOT -1♦ SHOWN FOR CIARNY) GRADE LEVEL G-0' SHEET NO. SCALE3Ots1•-0•(11R1T) A-3 1 EAST ELEVATION=I,0"a«3O . corm mimatiI SCANNED TO: FRANK B. GRAY SCANNEDSY1 DIRECTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MAYOR OFFICE OF THE DIRECTOR DATE: VA/704 ( DE LA MARE-SCHAEFER DEPUTY DIRECTOR ROBERT FARRINGTON, JR. DEPUTY DIRECTOR CITY COUNCIL TRANSMITTAL —0Ug1U1I - ' RECEIVED Date Received: MAY 2 0 2011 , David Ev- tt, Chi-T of Staff B`� 21SLC CpUHe���ii�CCity Council: D S�Q.3 1 TO: Salt Lake City Council DATE: May 19, 2011 Jill Remington-Love, Chair FROM: Frank Gray, Community& onomic Development Department Direc RE: PLNPCM2010-00045, Telecommunications r mance Amendments STAFF CONTACTS: Lex Traughber, Senior Planner, at (801) 535-6184 or lex.traughber@slcgov.com RECOMMENDATION: That the City Council hold a briefing and schedule a Public Hearing DOCUMENT TYPE: Ordinance BUDGET IMPACT: None DISCUSSION: Issue Origin: The City adopted-a comprehensive Zoning Ordinance in April 1995. Since that time,the wireless telecommunication regulations have become outdated and cumbersome. In the public interest, the City has recognized a need to update the wireless telecommunications ordinance to encourage the appropriate location of these types of facilities and to stay up-to-date with industry standards. It would be beneficial for Salt Lake City to make the Code revisions proposed in order to achieve the following identified objectives: • Encourage co-location; • Clarify screening requirements; • Include stealth antennas as a permitted use, define stealth antennas, and include the term in Code Chapter 21A.60—List of Terms; • Clarify where electrical equipment shall be located; 451 SOUTH STATE STREET, ROOM 404 f P.O. BOX 145486, SALT LAKE CITY, UTAH B4114-54B6 TELEPHONE: 801-535-6230 FAX: B01-535-6005 WWW.SLCGOV.COM/CED �s �� nccreco �rcw • Refine area limitations for wall and roof mounted antennas, and modify the illustration of "Wall Mounted Antennas" in Code Chapter 21A.62—Definitions; • Remove conditional use requirement for certain antennas; • Eliminate optional performance bond language for abandoned telecommunication facilities; and • Remove replacement utility pole height restriction. Analysis: • Item 1: Encourage Co-location of wireless facilities. The proposed text amendment encourages co-location of wireless facilities and encourages the appropriate location of these types of facilities. Currently, co-location is not recognized as a permitted use, even if a wireless telecommunication facility is being located on a previously approved site. Because of this, applications for new wireless telecommunication facilities that are locating on a previously approved site must go through a separate conditional use permitting process in order to co-locate. Proposed Section 21A.40.090E(4) adds co-location of a wireless telecommunication facility on a previously-approved wireless telecommunication site, such as an existing building, structure, or antenna support structure as a permitted use provided that: • There is no increase in height proposed; • All additions and improvements are located within the previously approved area; and .00114, • All changes are in compliance with the provisions set forth in section 2l A.40.090E. • Item 2: Clarify screening requirements. The proposed amendment modifies screening requirements for roof mounted antennas by eliminating the requirement for roof mounted antennas and support structures to be enclosed by a visual screen. Currently, screening is required for all roof mounted antennas located on top of existing penthouses or mechanical equipment rooms. The screening requirement is burdensome because it is often more visually intrusive than the antennas themselves and can interfere with antenna reception. • Item 3: Stealth Antennas. The proposed text amendment includes a new and expanded definition of stealth antennas to include all stealth antennas as a permitted use. Currently, stealth antennas are limited to flag poles and antennas located within an existing structure where there is no exterior evidence of the antennas. All other stealth antennas are subject to the regulations of non-stealth antennas. Proposed Section 21A.40.090E(2)(f) expands stealth antennas to include telecommunication antennas completely disguised as another object or otherwise concealed from view, thereby concealing the intended use and appearance of the facility, as a permitted use in all zoning districts subject to meeting the provisions contained in the Code. The proposed Section requires a stealth antenna to conform to the dimensions of the object it is disguised to be, and the location of the stealth facility shall be in concert with its surroundings. The Section provides examples of such stealth facilities, including, but not limited to flagpoles, light pole standards, or architectural Petitions, 'LNPCM2010-00045,Wireless Telecommunications Ordinance Amendments Page 2,of 5 elements such as dormers, steeples, and chimneys. The proposed Section also allows for final determination regarding stealth poles to be made by the Planning Director based on the standards outlined in the section 21 A.40.090E(2)(f). The term "stealth antenna" is not currently defined in the Salt Lake City Code. A definition is proposed to be included in Chapter 21A.62—Definitions, and includes the term in Chapter 21A.60 — List of Terms. • Item 4: Clarify where electrical equipment shall be placed. Currently, electrical equipment regulations are specific only to wireless telecommunication antennas located on utility poles and are not applicable to all other antennas. In addition, the current Code states that electrical equipment located in the rear yard area must conform to the location requirements for an accessory structure in the underlying zoning district. The proposed amendment eliminates the accessory structure location requirement, and instead allows electrical equipment to be located within the buildable area as long as it is not located between the front and/or corner facades of an existing building and the street. Proposed Section 21A.40.090E(3) is a new section applied to all wireless antenna electrical equipment. The proposed text amendment achieves the following: • Regulates location of electrical equipment for all antennas, not just antennas located on utility poles; • Encourages electrical equipment to be located within the buildable area and eliminates the location requirements for an accessory structure in the underlying zoning district; and, • Allows for electrical equipment to be located in the rear yard, interior side yard, or within the buildable area as long as it is not located between the front and/or corner facades of the building and the street. • Item 5: Area limitations for wall and roof mounted antennas. The proposed text amendment refines area limitations for wall and roof mounted antennas by adding maximum coverage percentages. Currently, the Code has an area limitation for wall and roof mounted antennas of forty (40) square feet for each exterior wall of the building or a total of one hundred and sixty (160) square feet per building. These restrictions are universal, and therefore, do not take into account various building sizes. In addition, these restrictions have proven to be problematic in the permitting process and can be difficult to enforce due to approximate measuring from street view. Proposed Section 21A.40.090E(7) removes the total building limitation of one hundred and sixty (160) square feet and refines the area limitations by proposing the lesser of sixty (60) square feet per exterior wall or a total of five (5) percent of the gross square footage of each exterior wall. An updated illustration of wall mounted antennas is also proposed to be included in Chapter 21A.62 —Definitions. • Item 6: Remove conditional use requirement for antennas located on non-complying buildings that exceed the maximum height limit of the zoning district. Petitions PLNPCM2010-00015,Wireless Telecommunications Ordinance Amendments Page 3 of 5 Currently, the location of antennas on non-complying buildings that exceed the maximum height limit of the zoning district must go through a conditional use approval process. Proposed Section 21A.40.090E(8) encourages antennas to locate on existing structures, as opposed to building new single use monopoles or mounting structures, by allowing antennas to locate on non-complying buildings that exceed the maximum height limit of the zoning district as a permitted use. • Item 7: Optional performance bond language for abandoned facilities. The proposed text eliminates optional performance bond language for abandoned telecommunication facilities. The Code currently provides an option for requiring a performance bond or other means of financial assurance to guarantee removal of abandoned poles. The rationale behind this proposal is that performance bonds are rarely, if ever, required and are difficult to track and administer. • Item 8: Utility Pole Mounted Antenna. The proposed text amendment encourages telecommunication facilities and antennas to locate on existing utility poles and eliminates replacement utility pole height restrictions. Currently, the City does not regulate the height of utility poles. Per the current Code, an applicant is allowed to increase the height of a pole by ten feet (10'). However, since the time that this section of Code was written,Occupational Safety and Health Administration (OSHA) implemented an industry standard that stipulates a minimum ten foot (10') clearance between the highest antenna line on a particular pole and a proposed wireless antenna. The result has been that antennas could no longer locate on utility poles without exceeding the ten foot (10') restriction found in the current Code. Because the City does not technically regulate utility pole height, and in order to encourage antennas to be located on existing structures, the proposed Section 21A.40.090E(2)(f) includes the removal of utility pole replacement height restrictions. The changes also include increasing the width of permitted utility pole mounted antennas from 24"to 30". Utility pole mounted antennas exceeding 30" in width would require conditional use approval. • Item 9. Location on City-owned Property or Land Zoned as Open Space. The proposed text amendment would require that telecommunication towers proposed on city- owned property or on any property located within an open space zoning district or subject to the City's Open Space Lands Program must obtain approvals from appropriate agencies governing such properties. The purpose of this provision is to provide advanced notice that approvals from other City agencies or governmental entities may be needed beyond the permitted use or conditional use processes required by the Zoning Ordinance. The notice will allow applicants to plan in advance for all required review processes and not be surprised prior to the anticipated construction period. Master Plan Considerations: The purpose of the proposal is to update Salt Lake City's wireless telecommunications ordinance to encourage the appropriate location of these types of facilities and to stay up to date with industry standards. The proposed text revisions are for maintaining, Petitions PLIVPCM2010-00045,Wireless Telecommunications Ordinance Amendments Page 4 of 5 updating, and clarifying the Telecommunications Ordinance, and as such are consistent with adopted City planning documents. PUBLIC PROCESS: An Open House was held on November 18, 2010. Notice of the Open House was sent to Community Council Chairpersons, business groups, and those whose names are on the Planning Division's list serve. Notice was also posted on the City's website. Several comments were received from industry representatives regarding the height restrictions for utility pole mounted antennas (see Exhibit B —Public Comment in the Staff Report). The comments received were taken into consideration and are reflected in the proposed ordinance. On April 27, 2011 the Planning Commission held a public hearing and recommended that the proposed ordinance be forwarded to the City Council for approval with one modification. The Planning Commission recommended that the proposed language in Section 21A.040.090(E)(3)(b), be revised for clarity. Planning Staff included revised language in the ordinance for City Council consideration. RELEVANT ORDINANCES: • State Law, Section 10-9a-204, Notice of Public Hearings and Public Meetings to Consider General Plan or Modifications • 21A.50.050 Standards for General Amendments —Amendment criteria and findings are outlined on pages four and five of the staff report which is included in the transmittal packet (Attachment 5B — Staff Report—December 9, 2009). • 21A.40.090E — Wireless Telecommunications Facilities • 21 A.60—List of Terms • 21 A.62 — Definitions Petitions PLIN'PCM2010-00045,Wireless Telecommunications Ordinance Amendments Page 5 of 5 TABLE OF CONTENTS 1. CHRONOLOGY 2. ORDINANCE 3. NOTICE OF CITY COUNCIL HEARING 4. MAILING LABELS 5. PLANNING COMMISSION A) NEWSPAPER NOTICE Newspaper Notice—April 13, 2011 B) STAFF REPORT April 27, 2011 C) AGENDA AND MINUTES April 27, 2011 6. ORIGINAL PETITION PROJECT CHRONOLOGY January 29, 2010 Petition delivered to the Planning Division. February 5, 2010 Petition assigned to Lex Traughber. Feb— Sept, 2010 Researched wireless telecommunication literature including ordinances from various cities. Composed a draft ordinance for review. October 11, 2010 Routed the proposed ordinance to other City Departments/Division for review and comment. November 18, 2010 Held a public open house. Jan—April, 2011 Revised draft ordinance based on internal and public comments. April 13, 2011 Newspaper notice published for the Planning Commission meeting on April 27, 2011. April 15, 2011 Planning Commission agenda posted on the Planning Division and Utah Public Meeting Notice websites. April 27, 2011 Planning Commission held a public hearing and passed a motion to forward a favorable recommendation on to the City Council regarding the matter. Planning Commission directed staff to make one minor revision to the proposed ordinance text (Section 21A.040.090(E)(3)(b)). May 5, 2011 Draft ordinance revised, section 21A.040.090(E)(3)(b), based on Planning Commission's direction. May 10, 2011 Planning Staff requested an ordinance from the City Attorney's Office. May 11, 2011 Planning Commission ratified the minutes from their April 27, 2011, public hearing. May 16, 2011 Received ordinance from the City Attorney's Office. May 25, 2011 Transmitted to Community & Economic Development. SALT LAKE CITY ORDINANCE No. of 2011 (An ordinance amending certain sections of Title 21A of the Salt Lake City Code pertaining to wireless communications antennas) An ordinance amending certain sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2010-00045 pertaining to regulation of wireless communications antennas. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a public hearing on April 27, 2011 to consider a request made by Salt Lake City Mayor Ralph Becker (petition no. PLNPCM2010-00045) to amend the text of sections 21A.40.090.E (Zoning: Accessory Uses, Buildings and Structures: Antenna Regulations: Wireless Telecommunications Facilities); 21A.60.020 (Zoning: List of Defined Terms); 21A.62.040 (Zoning: Definitions: Definitions of Terms); and 21A.62.050 (Zoning: Definitions: Illustrations of Selected Definitions) of the Salt Lake City Code to update the ordinance for consistency with state and federal regulations, to encourage less-visible communications structures, to streamline the review process for proposed structures and facilities meeting the purposes of this ordinance, and to clarify where wireless communications facilities may be located on a lot; and WHEREAS, at its April 27, 2011 hearing, the Planning Commission voted in favor of recommending to the City Council that the City Council amend the sections of Title 21A of the Salt Lake City Code identified herein; 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,text of Salt Lake City Code section 21A.40.090.E. That section 21A.40.050.A of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Antenna Regulations: Wireless Telecommunications Facilities), shall be, and hereby is, amended Amok to read as follows: E. Wireless Telecommunications Facilities; Low Power Radio Services Facilities: The purpose of this section is to address planning issues brought on by the rapid growth in demand for low power radio services. This section distinguishes low power radio from other broadcasting type telecommunication technologies and establishes provisions that deal with issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility siting. The requirements of this section apply to both commercial and private low power radio services. Low power radio services facilities include "cellular" or "PCS" (personal communications system) communications and paging systems. 1. Uses: The uses specified in table 21A.40.090E of this section, indicate which facility types are allowed as either a permitted or conditional use within specific zoning districts. Low power radio service facilities may be an accessory use, secondary use or principal use. a. Administrative Consideration Of Conditional Uses: Applications for low power wireless telecommunication facilities that are listed as conditional uses shall be reviewed according to the procedures set forth in section 21A.54.155 of this title. 044 TABLE 21A.40.090E WIRELESS TELECOMMUNICATIONS FACILITIES Monopole With Antennas And Monopole With Antennas And Antenna Support Structure Less Antenna Support Structure Than 2 Feet Wide' Greater Than 2 Feet Wide' Wall Roof District Height 60 Feet Or • District 60 Feet Or Lattice Mount' Mount' Limit But Not Exceeding Height Limit Exceeding Tower • To Exceed 60 The • But Not To The Feet Maximum Exceed 60 Maximum (Whichever Is Height Limit ' Feet Height Limit Less) Of The Zone (Whichever Of The Zone Is Less) Residential districts: R-1/12,000 P' R-1/7,000 P' • R-1/5,000 P' SR-1 P' SR-3 P' , R-2 P' RMF-30 P' RMF-35 P' RMF-45 P C RMF-75 P C Mixed use -residential/office districts: RB P' R-MU P C , RO P' Commercial/manufacturing districts: CN P' CB P C CS P P CC P P P C C C CSHBD P P 1 P C C C CG P P P C C C C D-1 P P P C C C D-2 P P P C C C D-3 P P P C C C D-4 P P P C C C G-MU P P P C C C M-1 P P P C P C C M-2 P P P C P C C Special purpose/overlay districts: RP P C BP P P P C C C AG P' P' C C C AG-2 P' P' C C C AG-5 P' P' C C C AG-20 P' P' C C C A P P P P P C C PL P C PL-2 P C ' I P C UI P P C C C OS' C C C C C EI P P P C C C MU P C Notes: P Permitted use C Conditional use 1. Allowed as a permitted use on a residential building consisting of 4 or more attached dwelling units and on nonresidential buildings. Zoning administrator approval is required to assure compliance to subsection E2a of this section. 2. New telecommunications towers are allowed outside the telecommunication corridor in the OS zone for public safety purposes only. 3. Co-location of a wireless telecommunication facility is allowed per subsection 21A.40.090.E.4. 2. Facility Types: Low power radio services facilities are characterized by the type or location of the antenna structure. There are seven (7) general types of such antenna structures: wall mounted antennas; roof mounted antennas; monopoles with antennas and antenna support structure less than two feet (2') in width; monopoles with antennas and antenna support structure greater than two feet (2') in width; lattice towers; stealth antennas; and utility pole mounted antennas. Standards for the installation of each type of antenna are as follows: a. Wall Mounted Antenna: The following provisions apply to wall mounted antennas: (1) Wall mounted antennas shall not extend above the wall line of the building or extend more than four feet (4') horizontally from the face of the building. (2) Antennas, equipment and the supporting structure shall be painted to match „ the color of the building or structure of the background against which they are most commonly seen. Antennas and the supporting structures on buildings should be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure. (3) Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures, shall be considered a wall mounted antenna. b. Roof Mounted Antenna: The following provisions apply to roof mounted antennas: (1) Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms and shall not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room. (2) For antennas not mounted on a penthouse or mechanical equipment room, the antennas shall be mounted at least five feet (5') from the exterior wall of a building. For antennas mounted between five (5) and ten feet (10') from the exterior wall, the maximum height of a roof mounted antenna is directly proportional to the distance the antenna is set back from the exterior wall up to a maximum height of ten feet (10') above the roofline of the building to which the antenna is attached. Antennas shall be mounted at least five feet (5') behind any parapet wall. For antennas mounted between five (5) and ten feet (10')behind a parapet wall, the maximum height of the antenna is directly proportional to the distance the antenna is set back from the wall up to a maximum of ten feet(10') as measured from the top of the parapet wall. The antennas shall not extend more than fifteen feet (15') above the roofline of the building itself unless approved as a conditional use (see subsection 21A.62.050.H of this title). (3)Roof mounted antennas are permitted only on a flat roof. c. Monopole With Antennas And Support Structure Less Than Two Feet In Width: The total of each individual antenna structure mounted on a monopole shall not exceed two feet (2') in width. The maximum height of each individual antenna shall not exceed ten feet (10') in height (see subsection 21A.62.050.G of this title). In the case of co-location, when there is more than one antenna located on a monopole, all additional antenna structures shall not exceed the above referenced dimensions. No such antenna shall be located within one hundred sixty five feet (165') of a residential zone other than the R-MU district. d. Monopole With Antennas And Antenna Support Structure Greater Than Two Feet In Width: The maximum visible width of individual antennas and antenna mounting structures on a monopole shall not exceed eight feet (8') in height or thirteen feet (13') in width as viewed looking directly at the monopole at same elevation as the antennas and antenna mounting structure (see subsection 21A.62.050.F of this title). In the case of co-location, when there is more than one antenna located on a monopole, all additional antenna structures shall not individually exceed the above referenced dimensions._No such monopole shall be located within three hundred thirty feet (330') of a residential zone other than the R-MU district. e. Lattice Tower: The maximum visible width of individual antennas and antenna mounting structures on a lattice tower shall not exceed eight feet (8') in height or thirteen feet (13') in width(see subsection 21A.62.050E of this title). No such lattice tower shall be located within three hundred thirty feet (330') of a residential zone. f. Stealth Antennas: (1) A telecommunication antenna completely disguised as another object or otherwise concealed from view thereby concealing the intended use and appearance of the facility, shall be allowed in all zoning districts subject to meeting the provisions contained in tables 21A.36.020.B and 21A.36.020.0 of this title. The antenna shall conform to the dimensions of the object it is being disguised as and the location of the stealth facility shall be in concert with its surrounding. Examples of stealth facilities include, but are not limited to flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys. Final determination regarding stealth poles shall be made by the Planning Director based on these standards. The electrical equipment shall be located in accordance with subsection 21A.40.090.E.3. (2) Antennas Located Within Existing Structures Where There Is No Exterior Evidence Of The Antennas: Antennas located within an existing structure constructed prior to the effective date hereof shall be a permitted use in all zoning districts provided that: a. There shall not be any exterior evidence of the antenna or support structure. b. The Electrical equipment structure shall be located within the existing structure with no exterior evidence of existence, or in compliance with the location requirements as noted in subsection 21A.40.090.E.3 of this title. g. Utility Pole Mounted Antenna: Antennas on utility poles and associated electrical equipment shall be allowed subject to the following standards: (1) Antennas: (A) The antennas shall be located either on an existing utility pole or on a replacement pole in the public right of way, or in a rear yard utility easement. (B) On an existing pole, the antennas shall not extend more than ten feet (10') above the top of the pole. (C) The antennas, including the mounting stricture, shall not exceed thirty inches (30") in diameter to be considered a permitted use. Antennas with an outside diameter greater than thirty inches (30") shall be a conditional use. (D) Antennas located in the public right of way shall be a permitted use and shall comply with the standards listed above. (E) Conditional use approval is required for antennas located in a rear yard utility easement in all residential, CN neighborhood commercial, PL public lands, PL-2 public lands, CB community business, I institutional, and OS open space zoning districts. Antennas located in a rear yard utility easement in all other zoning districts shall be a permitted use and shall comply with the standards listed above. 41461* (2) General Provisions: (A) The application shall include the signature of the authorized agent of the owner of the utility pole. (B) Antennas and equipment boxes on the utility poles shall be painted to match the pole to which it is attached to minimize visual impacts. (C) Generators or noise producing venting systems shall not be used. (D) Lighting for aircraft is prohibited except where required by federal law. (E) Electrical and utility cables between the utility pole and electrical boxes shall be placed underground. (F) Facilities in the public right of way shall be subject to any applicable franchise fees or lease agreements required by the city. 3. Electrical Equipment: a. Electrical Equipment Located In The Public Right Of Way, Front Yard Or Side Yard: Electrical equipment in the public right of way shall either be attached directly to the utility pole or placed underground. If the electrical equipment is attached to the pole, the boxes shall not be larger than thirty six inches (36") in height, twelve inches (12") deep and no wider than twenty inches (20"). No more than five (5) such boxes shall be mounted on the utility pole to which it is attached (excluding the power meter and network interface box). The boxes shall be stacked vertically, one above the other, and shall be at least ten feet (10') above the ground. The power meter and network interface box may be installed below the ten foot (10') level. Electrical equipment in the required front or side yard shall be placed underground. Electrical equipment placed underground or on a utility pole in the public right of way shall comply with the requirements of the Salt Lake City engineering and transportation divisions. b. Electrical Equipment Located on Private Property: Electrical equipment shall be located in the rear yard, interior side yard, or within the buildable area on a given parcel. In the case of a parcel with an existing building, the electrical equipment shall not be located between the front and/or corner facades of the building and the street. Electrical equipment located in a residential zoning district, shall not exceed a width of four feet (4'), a depth of three feet (3'), or a height of four feet (4') to be considered a permitted use. Electrical equipment located in a CN, PL, PL-2, CB, I or OS zoning district shall not exceed a width of six feet(6'), a depth of three feet (3'), or a height of six feet (6') to be considered a permitted use. Electrical equipment exceeding the dimensions listed above shall be reviewed administratively as a routine and uncontested special exception per chapter 21A.52 of this zoning ordinance. Applications not receiving the consenting signatures of all property owners as required by chapter 21A.52 of this zoning ordinance shall be processed as a conditional use, pursuant to the standards set forth in this title. The electrical equipment shall be subject to the maximum lot coverage requirements in the underlying zoning district. 4. Co-location: Co-location of a wireless telecommunication facility on a previously approved wireless telecommunication service facility such as an existing building, structure, or antenna support structure, is allowed as a permitted use, provided: a. No increase in the height of the existing wireless telecommunication support structure is proposed; 40,0 b. All aspects of the co-location improvements must be located within the previously approved fenced (lease) area; c. Compliance with the corresponding provisions set forth in 21A.40.090.E. 5. Height Limit: The height limit for monopoles and lattice towers shall be limited as per subsection E.1, table 21A.40.090.E, of this section. 6. Location And Minimum Setbacks: Monopoles with antennas and antenna support structure less than two feet (2') in width, monopoles with antennas and antenna support structure greater than two feet (2') in width and lattice towers shall be allowed only in the rear yard area of any lot. These structures shall not be located in a required landscaped area,buffer area or required parking area. 7. Area Limitations For Wall And Roof Mounted Antennas: A combination of both roof and wall mounted antennas are allowed on a building. The total area for all wall and roof mounted antennas and supporting structures combined shall not exceed the lesser of sixty(60) square feet or five (5) percent of the gross square footage of each exterior wall of a building. The total area is the sum of each individual antenna face and the visible portion of the supporting structure as viewed when looking directly at the face of the building. The total area for a roof mounted antenna shall apply to the closest exterior wall (see subsection 21A.62.050.J of this title). 8. Roof And Wall Mounted Antennas On Noncomplying Buildings That Exceed The Maximum Height Limit Of The Zoning District: If a building exceeds the maximum allowable height of the zoning district, roof or wall mounted antennas may be attached to the portion of the building that extends above the maximum height limit of the zoning district, if said antenna is listed as a permitted use in table 21A.40.090.E of this section. 9. Additional Conditional Use Requirements: In addition to conditional use standards outlined in chapter 21A.54 of this title, the following shall be considered by the planning commission: a. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures; b. Whether co-location of the antenna on the other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception; c. The location of the antenna in relation to existing vegetation, topography and buildings to obtain the best visual screening; d. Whether the spacing between monopoles and lattice towers creates detrimental impacts to adjoining properties. 10. Accessory Buildings To Antenna Structures: Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. Monopoles shall be fenced with a six foot (6') chainlink fence and the climbing pegs removed from the lower twenty feet (20') of the monopole. All power lines on the lot leading to the accessory building and antenna structure shall be underground. 11. Historic District: Any antenna proposed for a location within a historic district or on landmark site is subject to approval through the historic landmarks commission as contained in chapter 21A.34 of this title. 12. Permission Required For Antennas And Mounting Structures On Or Over A Public Right Of Way: Antennas and mounting structures encroaching on or over the public sidewalk or on or over a public right of way shall be subject to obtaining permission from the city pursuant to the city's rights of way encroachment policy. 13. Location on City-owned Property or Land Zoned as Open Space: Telecommunication facilities proposed to be located on City-owned property or on any property located within an open space zoning district or subject to the City's Open Space Lands Program must obtain approvals from appropriate agencies governing such properties. 14. Non-maintained Or Abandoned Facilities: The building official may require each non-maintained or abandoned low power radio services antenna to be removed from the building or premises when such an antenna has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure within thirty(30) calendar days after notice of non-maintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure. SECTION 2. Amending text of Salt Lake City Code section 21 A.60.020. That section 21A.60.020 of the Salt Lake City Code(Zoning: List of Terms: List of Defined Terms ), shall be, and hereby is, amended, in pertinent part, such that the following term shall be added and inserted alphabetically into that section: Antenna, stealth. SECTION 3. Amending text of Salt Lake City Code section 21A.62.040. That section 21 A.62.040 of the Salt Lake City Code(Zoning: Definitions: Definitions of Terms), shall be, and hereby is, amended, in pertinent part, such that the following definition shall be added and inserted alphabetically into that section: ANTENNA, STEALTH: An antenna completely disguised as another object, or otherwise concealed from view, thereby concealing the intended use and appearance of the facility. Examples of stealth facilities include, but are not limited to flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys. SECTION 4. Amending text of Salt Lake City Code section 21A.62.050.J. That section 21A.62.050.J of the Salt Lake City Code (Zoning: Definitions: Illustrations of Selected Definitions), shall be, and hereby is, amended such that the illustration and accompanying text pertaining to Wall Mounted Antennas shall read and appear as shown in Exhibit "A"hereto. SECTION 5. 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 Attorney's Office Date: 2".9// Bill No. of 2011. By: Published: P ul C.Niels , pniorCurAttotnet HB ATTY-`-'17S03- ?-O.dicancc g amendin antenna reaulations.DOC / Antennas Mechanical Equipment .. w:F WW w ;4 i Mur Maximum Distance -'w` L. 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I14'.'.1.�,',',II',,,','J Iri,'1,L \ 1 1 t 1. ,I I r 1 1 Front View \ Side View \ 1 \ • 1 :t.;tr y,. 1. .H CYn } i>$ f''y 1 CYY r Cx.: kt::.: 'i Area Measurement: t. ='rt' '` Maximum area coverage for any " Combination of Wall or Roof Mounted Antenna is the Lessor of 60 square feet or 5 percent of the gross square footage of each exterior wall as Measured Around Each Individual Antenna and Supporting Structure as Viewed Looking Directly at the WALL MOUNTED ANTENNAS Antennas. Figure 1 SALT LAKE CITY ORDINANCE No. of 2011 (An ordinance amending certain sections of Title 21A of the Salt Lake City Code pertaining to wireless communications antennas) An ordinance amending certain sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2010-00045 pertaining to regulation of wireless communications antennas. WHEREAS, the Salt Lake City Planning Commission("Planning Commission")held a public hearing on April 27, 2011 to consider a request made by Salt Lake City Mayor Ralph Becker (petition no. PLNPCM2010-00045) to amend the text of sections 21A.40.090.E (Zoning: Accessory Uses, Buildings and Structures: Antenna Regulations: Wireless Telecommunications Facilities); 21A.60.020 (Zoning: List of Defined Terms); 21A.62.040 (Zoning: Definitions: Definitions of Terms); and 21A.62.050 (Zoning: Definitions: Illustrations of Selected Definitions) of the Salt Lake City Code to update the ordinance for consistency with state and federal regulations, to encourage less-visible communications structures,to streamline the review process for proposed structures and facilities meeting the purposes of this ordinance, and to clarify where wireless communications facilities may be located on a lot; and WHEREAS, at its April 27, 2011 hearing, the Planning Commission voted in favor of recommending to the City Council that the City Council amend the sections of Title 21A of the Salt Lake City Code identified herein; 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 text of Salt Lake City Code section 21 A.40.090.E. That section 21A.40.050.A of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Antenna Regulations: Wireless Telecommunications Facilities), shall be, and hereby is, amended " ^^ to read as follows: E. Wireless Telecommunications Facilities; Low Power Radio Services Facilities: The purpose of this section is to address planning issues brought on by the rapid growth in demand for low power radio services. This section distinguishes low power radio from other broadcasting type telecommunication technologies and establishes provisions that deal with issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility siting. The requirements of this section apply to both commercial and private low power radio services. Low power radio services facilities include "cellular" or "PCS" (personal communications system) communications and paging systems. 1. Uses: The uses specified in table 21A.40.090 E of this section, indicate which facility types are allowed as either a permitted or conditional use within specific zoning districts. Low power radio service facilities may be an accessory use, secondary use or principal use. a. Administrative Consideration Of Conditional Uses: Applications for low power wireless telecommunication facilities that are listed as conditional uses shall be reviewed according to the procedures set forth in section 21A.54.155 of this title. TABLE 21A.40.090.E - WIRELESS TELECOMMUNICATIONS FACILITIES Monopole With Antennas And Monopole With Antennas And Antenna Support Structure Less Antenna Support Structure Than 2 Feet Wide Greater Than 2 Feet Wide3 Wall Roof District Height 60 Feet Or , District 60 Feet Or Lattice Mount-1 Mount-3 Limit But Not Exceeding Height Limit ; Exceeding Tower To Exceed 60 The But Not To The Feet Maximum Exceed 60 Maximum (Whichever Is ` Height Limit Feet Height Limit Less) Of The Zone (Whichever Of The Zone Is Less) Residential districts: R-1/12,000 P' • R-1/7,000 P' R-1/5,000 P' SR-1 P' SR-3 P' R-2 P' . RMF-30 | p ------ '--r- - / RMF-35 }� � R �'45 9 � C y� i-- - - -- - - - ' '--- '----' --- - - ------ -r - --- -- ' - ' --- ' - , R0E-75 P C� � / Mixed use ' residential/office districts: - -__ - I ' BB � . . --- - --r '' - --- ------- ------' - - r -- - -'-- - -- - - R'MDJ � C | | R1 '- '--- --' p�--'| ' --- ----------''-'------------' ----------F------ -`- -'- � »// ! Commercial/manufacturingdiyb��: - - ' / - CN | 9 - ''_. -_- C8 P C C3 p P ' ' CC P 9 . 9 � C C' C � -' CSBBD P P 9 | C C C ' ' CG P P P | C | C C C ' - - -'- - - -- - -- - - - -- C-1 P P P | C C C [�2 P p � C p ! ! �-- - � -- - - ( - ----- --- - --'- � . . . ! C ' / --' ' - - -' - - ' ------ - [-- '-- -- ` [-3 P | P P ' C | C ' C D-4 p 9 y ` C C C ' � MU } ' L -' - 9 --' - C C C M'l P P p C P C C M-2 P . P P C y [ C � Sn:oiu\ purpose/overlay districts: Dp 9 C Bp p p � � [ � C � . . . . _ / . -/ ' �- -- AG 9 P C C C � � | ! . ! AG-2 P, p, ' -' C - - �' C ' - � C � /\G� P� ' ] � | C ' C C ` AG'20 9/ p/ C C C /\ p p P p P C C PL P C yL-2 P C - - ' - -- '- -' - --- - - - - - - { p C � ! D\ P P C C C ' � 2 0� C C | C C C I3 P ' 'P ' p- - --- - -C ' -� � r �- . ' MU P C . ' Notes: C Conditional use I.Allowed as a permitted use on a residential building consisting of 4 or more attached dwelling units and on nonresidential buildings. Zoning administrator approval is required to assure compliance to subsection E2a of this section. 2.New telecommunications towers are allowed outside the telecommunication corridor in the OS zone for public safety purposes only. 3. Co-location of a wireless telecommunication facility is allowed per subsection 21A.40.090E.4. 2. Facility Types: Low power radio services facilities are characterized by the type or location of the antenna structure. There are five (5)seven (7) general types of such antenna structures: wall mounted antennas; roof mounted antennas; monopoles with antennas and antenna support structure less than two feet (2') in width; monopoles with antennas and antenna support structure greater than two feet (2') in width:,and lattice towers; stealth antennas; and utility pole mounted antennas. Standards for the installation of each type of antenna are as follows: a. Wall Mounted Antenna: The following provisions apply to wall mounted antennas: (1) Wall mounted antennas shall not extend above the wall line of the building or extend more than four feet(4')horizontally from the face of the building. (2) Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure of the background against which they are most commonly seen. Antennas and the supporting structures on buildings should be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure. (3) Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures, shall be considered a wall mounted antenna. b. Roof Mounted Antenna: The following provisions apply to roof mounted antennas: (1) Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms provided the antennas and antenna support structures are enclosed by a structure that cr tes a visual screen. The screening_stru Rre antennas and tenne-mfauntmb u tufes and shall not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room. (2) For antennas not mounted on a penthouse or mechanical equipment room, the antennas shall be mounted at least five feet (5') from the exterior wall of a ,4004, building. For antennas mounted between five (5) and ten feet (10') from the exterior wall, the maximum height of a roof mounted antenna is directly proportional to the distance the antenna is set back from the exterior wall up to a maximum height of ten feet (10') above the roofline of the building to which the antenna is attached. Antennas shall be mounted at least five feet (5') behind any parapet wall. For antennas mounted between five (5) and ten feet (10') behind a parapet wall,the maximum height of the antenna is directly proportional to the distance the antenna is set back from the wall up to a maximum of ten feet (10') as measured from the top of the parapet wall. The antennas shall not extend more than fifteen feet(15') above the roofline of the building itself unless approved as a conditional use (see subsection 21 A.62.050 H of this title). Roof mounted antennas shall not extend above the conditional use. (3) Roof mounted antennas are permitted only on a flat roof. and shall be fully attached. c. Monopole With Antennas And Support Structure Less Than Two Feet In Width: The total of each individual antenna structure mounted on a monopole shall not exceed two feet (2') in width. The maximum height of such each individual antenna shall not exceed ten feet (10') in height(see subsection 21A.62.050.G of this title). In the case of co-location,when there is more than one antenna located on a monopole. all additional antenna structures shall not exceed the above referenced dimensions. No such antenna shall be located within one hundred sixty five feet (165') of a residential zone other than the R-MU district. d. Monopole With Antennas And Antenna Support Structure Greater Than Two Feet In Width: The maximum visible width of individual antennas and antenna mounting structures on a monopole shall not exceed eight feet (8') in height or thirteen feet (13') in width as viewed looking directly at the monopole at same elevation as the antennas and antenna mounting structure (see subsection 21A.62.050F of this title). In the case of co-location, when there is more than one antenna located on a monopole, all additional antenna structures shall not individually exceed the above referenced dimensions. No such monopole shall be located within three hundred thirty feet (330') of a residential zone other than the R-MU district. e. Lattice Tower: The maximum visible width of individual antennas and antenna mounting structures on a lattice tower shall not exceed eight feet (8') in height or thirteen feet (13') in width as .i, ,ed � ii�' directly at the ol„ at the r'r�. ivviu elevation as the antenn nd antenna mounting structure (see subsection 21 A.62.050 E of this title). No such lattice tower shall be located within three hundred thirty feet (330') of a residential zone. f. Flagpoles Stealth Antennas: (1) A Ttelecommunication antennas completely disguised as flagpoles another object or otherwise concealed from view thereby concealing the intended use and appearance of the facility, shall be allowed in all zoning districts subject to meeting the provisions contained in tables 21A.36.020_B and 21A.36.020_C of this title. The pole shall appear and function as a flagpole. The antenna shall conform to the dimensions of the object it is being disguised as and the location of the stealth facility shall be in concert with its surrounding. Examples of stealth facilities include, but are not limited to flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys. Final determination regarding stealth poles shall be made by the Planning Director based on these standards. The electrical equipment shall be located in accordance with subsection 21A.40.090.E.3. on the'l^t where an accessory structure is allowed and is subject to meeting all the applicable requirements for such a structure in the underlying zoning or overlay district. All electrical . na cables t„ the polo shall be placed , ndergroun,a b (2) Antennas Located Within Existing Structures Where There Is No Exterior Evidence Of The Antennas: Antennas located within an existing structure constructed prior to the effective date hereof shall be a permitted use in all zoning districts provided that: a. There shall not be any exterior evidenceof the antenna or support At structure. `"' b. The Electrical equipment structure shall be located within the existing structure with no exterior evidence of existence, or in compliance with the location requirements as noted in subsection 21A.40.090.E.3 of this title. g_Wireless Telecommunication Antennas Located On Utility Poles Utility Pole Mounted Antenna:Antennas on utility poles and associated electrical equipment shall be allowed subject to the following standards: (1) Antennas: (A) The antennas shall be located either on an existing utility pole or on a replacement pole in the public right of way, or in a rear yard utility easement. (B) On an existing pole, the antennas shall not extend more than ten feet (10') above the top of the pole. (C) Tf the utility pole ; pl. ced to odate the antoa-a as the replacement pole shall not be more than ten feet (10') higher than the b y Tyr e �. l a the height f the t @-?t-i�t��3 �- c� A-r�°�-ccccr�-�rrcTrcrb-rrc-vrcrn c:Trscmb pole, the antennae mounted to the sides ofthe »Ρole and shall not ex-tend-above-the-top of the pole. Replacement of a utili y pole requires conditional use approval. (DC) The antennas, including the mounting structure, shall not exceed twenty four inches (21")thirty inches (30") in diameter to be considered a permitted use. Antennas with an outside diameter greater than between twenty four(24) and thirty inches (30") shall be a conditional use. t u1LV1111LLJ Vl1V VVL.Llll� Lllll LJ�„ , (E) If t'he ante-alas and mounting strums u e-ar narrower than the top of the utility-pole, stealth-shielding of the antennas shall be used to make the antennas appear as a vertical extension of the pole. (FD) Antennas located in the public right of way shall be a permitted use and shall comply with the standards listed above. (GE) Conditional use approval is required for antennas located in a rear yard utility easement in all residential, CN neighborhood commercial, PL public lands, PL-2 public lands, CB community business, I institutional, and OS open space zoning districts. Antennas located in a rear yard utility easement in all other zoning districts shall be a permitted use and shall comply with the standards listed above. (2)Electrical Equipment: to l T, Tl, D. bli Ri l,t Of \i7 Fr-Ant Yard Or Side Yard• Elect, a t i the bli ht f t 11 'tt L o�,,.Yallt.11 b attached directly to the utility pole or placed underground. If the electrical equipment is attached to the pole, the boxes shall not be b idestl,a two ty;, ches r20") N t>, f- icy �. 1 L N. LYY�11L}' 111 b meter and network interface The „ eter an,a 1 t rface box may be installed below the-ten foot (10') level. Electrical eguipme„+ ' the required front or side yard shall be placed underground. Electrical equipment placed t right of way shall comply with the requirements of the Salt Lake City .laball.1.1 lllb allot , (B) Electrical Equipment In The Rear Yard Area In All Residential, CN Neighborhood Commercial, PL Public Lands, PL 2 Public Lands, CB Community Business, I Institutional, And OS Open Space Zoning Districts: Electrical equipment located in the rear yard area of a lot in a �i e.,tial � g d strict shag not a ed „ i th of f ur f et (n'� depth of three feet (3'), or a height of four feet ('1')to be considered a permitted use. Electrical equipment located in the rear yard area of property located in a CN, PL, PL 2, CB, I or OS zoning district shall not exceed a width of six feet (6'), a depth of three feet(3'), or a height of six feet (6')to be considered a permitted use. Elect« a nt e ed; rr the d; l;4ted ebo e shall be reviewed administratively as a routine and unoefitested special exception per chapter 21A.52 of this zoning ordinance. Applications not receiving the consenting signatures of all property owners as required by chapter 21A.52 of this zoning ordinance shall be processed as--a-eendit ion. , er „t a the stand..-ds set f rl, .,i tl s t The electrical equipment located in a rear yard shall conform to the lot area, coverage and_location requirements for an accessory structure in the underlying zoning district. (C) Electrical Equipment In The Rear Yard In Other Zoning Districts: Electrical equipment located in the rear yard area of all zoning districts other than those listed in subsection E2f(2)(B) of this section shall be allowed where a principal or accessory structure is allowed and shall be subject to the applicable zoning standards for such a structure. (32) General,Provisions: (A) The application shall include the signature of the authorized agent of the owner of the utility pole. (B) Antennas and equipment boxes on the utility poles shall be painted to match the pole to which it is attached to minimize visual impacts. (C) Generators or noise producing venting systems shall not be used. (D) Lighting for aircraft is prohibited except where required by federal law. (E) Electrical and utility cables between the utility pole and electrical boxes shall be placed underground. (F) Facilities in the public right of way shall be subject to any applicable franchise fees or lease agreements required by the city. g. Flagpoles: Telecommunication antennas disguised as flagpoles shall be allowed in .,ll . sidential g districts subject to „meet• th t a „b � auvJ��< < tables-21A 6.020B and3-6 2nry of this titl Th l h ll a electric 3. Electrical Equipment: a. Electrical Equipment Located In The Public Right Of Way, Front Yard Or Side Yard: Electrical equipment in the public right of way shall either be attached directly to the utility pole or placed underground. If the electrical equipment is attached to the pole, the boxes shall not be larger than thirty six inches (36") in height, twelve inches (12") deep and no wider than twenty inches (20"). No more than five (5) such boxes shall be mounted on the utility pole to which it is attached(excluding the power meter and network interface box). The boxes shall bestacked-vertically, one above the other, and shall be at least ten feet (10') above the ground. The power meter and network interface box may be installed below the ten foot (10') level. Electrical equipment in the required front or side yard shall be placed underground. Electrical equipment placed underground or on a utility pole in the public right of way shall comply with the requirements of the Salt Lake City engineering and transportation divisions. b. Electrical Equipment Located on Private Property: Electrical equipment shall be located in the rear yard, interior side yard, or within the buildable area on a given parcel. In the case of a parcel with an existing building, the electrical equipment shall not be located between the front and/or corner façades of the building and the street. Electrical equipment located in a residential zoning district, shall not exceed a width of four feet (4'), a depth of three feet (3'), or a height of four feet (4') to be considered a permitted use. Electrical equipment located in a CN, PL, PL-2, CB, I or OS zoning district shall not exceed a width of six feet (6'), a depth of three feet (3'), or a height of six feet (6') to be considered a permitted use. Electrical equipment exceeding the dimensions listed above shall be reviewed administratively as a routine and uncontested special exception per chapter 21A.52 of this zoning ordinance. Applications not receiving the consenting signatures of all property owners as required by chapter 21A.52 of this zoning ordinance shall be processed as a conditional use,pursuant to the standards set forth in this title. The electrical equipment shall be subject to the maximum lot coverage requirements in the underlying zoning district. - 4. Co-location: Co-location of a wireless telecommunication facility on a previously approved wireless telecommunication service facility such as an existing building, structure, or antenna support structure, is allowed as a permitted use, provided: a. No increase in the height of the existing wireless telecommunication support structure is proposed; b. All aspects of the co-location improvements must be located within the previously approved fenced (lease) area: c. Compliance with the corresponding provisions set forth in 21A.40.090.E. 3 5. Height Limit: The height limit for monopoles and lattice towers shall be limited as per subsection E.1, table 21A.40.090.E, of this section. 4. 6. Location And Minimum Setbacks: Monopoles with antennas and antenna support structure less than two feet(2') in width, monopoles with antennas and antenna support structure greater than two feet (2') in width and lattice towers shall be allowed only in the rear yard area of any lot. These structures shall not be located in a required landscaped area, buffer area or required parking area. 7. Area Limitations For Wall And Roof Mounted Antennas: A combination of both roof and wall mounted antennas are allowed on a building. The total area for all wall and roof mounted antennas and supporting structures combined shall not exceed the lesser of forty (10) sixty (60) square feet or five (5)percent of the gross square footage of for each exterior wall of a the building or a total of one hundred sixty (160) square feet per building. A maximum of four (1) walls shall be occupied by cellular antennas. The total area is the sum of the area of each individual antenna face and the visible portion of the supporting structure as viewed when looking directly at the face of the building. The total area for a roof mounted antenna shall apply to the closest exterior wall (see subsection 21 A.62.050_J of this title). 6 8. Roof And Wall Mounted Antennas On Noncomplying Buildings That Exceed The Maximum Height Limit Of The Zoning District: If a building exceeds the maximum A allowable height of the zoning district, roof or wall mounted antennas may be attached to the portion of the building that extends above the maximum height limit of the zoning district. If a roof mounted , if said antenna is listed as a permitted use in table 21 A.40.090 E of this section., and the building extends above the maximum height limit of the zoning district, conditional use approval is required. 7 9. Additional Conditional Use Requirements: In addition to conditional use standards outlined in chapter 21A.54 of this title, the following shall be considered by the planning commission: a. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures; b. Whether co-location of the antenna on the other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception; c. The location of the antenna in relation to existing vegetation, topography and buildings to obtain the best visual screening; d. Whether the spacing between monopoles and lattice towers creates detrimental impacts to adjoining properties. 8 10. Accessory Buildings To Antenna Structures: Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. Monopoles shall be fenced with a six foot(6') chainlink fence and the climbing pegs removed from the lower twenty feet (20') of the monopole. All power lines on the lot leading to the accessory building and antenna structure shall be underground. 9 11. Historic District: Any antenna proposed for a location within a historic district or on landmark site is subject to approval through the historic landmarks commission as contained in chapter 21A.34 of this title. 10 12. Permission Required For Antennas And Mounting Structures On Or Over A Public Right Of Way: Antennas and mounting structures encroaching on or over the public sidewalk or on or over a public right of way shall be subject to obtaining permission from the city pursuant to the city's rights of way encroachment policy. 13. Location on City-owned Property or Land Zoned as Open Space: Telecommunication facilities proposed to be located on City-ownedpropertv or on any property located within an open space zoning district or subject to the City's Open Space Lands Program must obtain approvals from appropriate agencies governinn such properties. -1-1-14. Non-maintained Or Abandoned Facilities: The building official may require each non-maintained or abandoned low power radio services antenna to be removed from the building or premises when such an antenna has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure ",,„„ within thirty(30) calendar days after notice of non-maintenance or abandonment is given to the owner,person having control or person receiving the benefit of such structure. The city may require a performance bond or other means of financial assurance to guarantee removal of abandoned poles. 12. Antennas Leeatea W thi„ Existing Structures Where There fs No Exterior Evidence Of The Antennas: Antennas located within an existing structure constructed prior to the effective date hereof shall be a permitted use in all zoning districts provided that: a. There shall not be any exterior evidence of the antenna or support structure. no exterior evidence of existence, or in an appropriate location for an accessory structure in the rear yard area compliance with the location requirements as noted in subsection 21A.10.090E3 of this title. SECTION 2. Amending text of Salt Lake City Code section 21A.60.020. That section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms ), shall be, and hereby is, amended, in pertinent part, such that the following term shall be added and inserted alphabetically into that section: Antenna, stealth. SECTION 3. Amending text of Salt Lake City Code section 21 A.62.040. That section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be, and hereby is, amended, in pertinent part, such that the following definition shall be added and inserted alphabetically into that section: ANTENNA, STEALTH: An antenna completely disguised as another object, or otherwise concealed from view, thereby concealing the intended use and appearance of the facility. Examples of stealth facilities include, but are not limited to flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys. SECTION 4. Amending text of Salt Lake City Code section 21A.62.050.J. That section 21A.62.050.J of the Salt Lake City Code (Zoning: Definitions: Illustrations of Selected Definitions), shall be, and hereby is, amended such that the illustration and accompanying text pertaining to Wall Mounted Antennas shall read and appear as shown in Exhibit"A" hereto. SECTION 5. 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: HB_ATTY-I17803-v1-Ordinance_amending_antenna regulations.DOC Antennas Mechanical EAir Equipment �;.::. ��1 ��( !; ,i�6i� • Maximum Distance En—Enr soh En En -EnEnEn EnEn Room iii it liii EnEn From Wall•4 Feet / EnEnit ■In I 1 Ena iEniiEnna i•••••F i/. EnII Enit iEnliiMEn Penthouse EnEnEn,: ■�T_ a; i' �i=i Enna iii•a il' NNE iai riiiEnEn / i MINIM: -.9.1,3 e�;r :z:.-.. IEni EnEnEn or Parapet •EniEn• int OM; aEn MOM SWIM i ii•.:_it_I L ilL EniiiiiEn Wall '1 1 1 �>/.1 ti ' f. i ,/ g,E ! [ i J 1 ' I i !� l [ i f F I L • EnEnEnEnEnnasl- IV "1t i• 1 1 I�' I ' I 11 EnEnnaiIEnIr, En' NIEn' sEn I 1 iJ l el 1 EnEnNEnEnEnRI • * as 1 I 1] ( t 1 17 1 iiiiiili: ii. ■i EEn I i 1 1 F En EnEniii E, 0t • En I 1 1 I ` 1 I I 1 I EnEnEnEnEnEn II. i; ■i IBM I 1 7 1. I EnEnEn Enna i•i i. • i 1 1 ( 1' C [lr. iiiiEnEnii En •i ■i 1 I 1 i 1 i 11 EniEninai/i 1ne � / •1 l 1 I I 1 I l i I T II��I 1 7 3I[1 l\1,111 tI III T (f 1t� Irl 1 ri r Building —1►-1>� � � '1�� ,� r�� 1ri� IrJ it '11 1 r� f1 [ 1 li I I( 1 I( I 1 i j I II1 1 cif fl atI I�I. 1,�r ,t, ,. 1. 1 1 ` friit `111 1 (11 [3 TT li 1 1 1 ( 1 'i1 1 7 i ( 117l t lX 11 5 I l 1�'fit flj,)_I11 11f] 1l IIfs •] l r[1 I ]]Ltj" IiJ11I7 11�i( *-1, IFIliciAtii .,( jIII11 L C I , , x1I1 r1 I 1 3 1 I l 1 1/ \ 1 7 1Z IIIII1 1 I 111 I �1 1 1 1 1 i e ] r C � c 1 Front View Side View 1 \ t IT ':' • Area Measurement: " _ _ '',`� ' Maximum area coverage for any ' 4,,' Combination of Wall or Roof Mounted Antenna is the Lessor of 60 square feet or 5 percent of the gross square footage of each exterior wall as Measured Around Each Individual Antenna and Supporting Structure as Viewed Looking Directly at the WALL MOUNTED ANTENNAS Antennas. Figure 1 NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering petition PLNPCM2010-00045, a request by Salt Lake City Mayor Ralph Becker to analyze and adjust the Salt Lake City Zoning Ordinance (Title 21) to update the City's wireless telecommunications regulations. The subject Petition addresses several amendments that would apply citywide if adopted by the City Council. As part of their 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 & County Building 451 South State Street Salt Lake City, Utah If you have any questions relating to this proposal or would like to review the file, please call Lex Traughber at (801) 535-6184 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at lex.traughber(crislcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to attend this hearing. 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 Division at (801) 535-7757; TDD (801) 535- 6021. Erin Youngberg Elke Phillips Cabot Nelson 1910 Bridge Crest Circle 839 S. Washington St 984 E Simpson Avenue .,alt Lake City UT 84116 Salt Lake City UT 84101 Salt Lake City UT 84106 Brad Bartholomew Thomas Mutter Michael Cohn 871 N Poinsettia Dr 228 East 500 South PO Box 520123 Salt Lake City UT 84116 Salt Lake City UT 84111 Salt Lake City, Utah 84125 Angie Vorher East Central Community Council 1988 Sir James Dr 606 Trolley Square Salt Lake City UT 84116 Salt Lake City UT 84102 Gordon Storrs DeWitt Smith 223 North 800 West 328 E Hollywood Ave Salt Lake City UT 84116 Salt Lake City UT 84105 Andrew Johnston Esther Hunter 716 Glendale Street 606 Trolley Square Salt Lake City, Utah 84104 Salt Lake City UT 84102 Randy Sorenson George Kelner 1184 S. Redwood Dr 1000 Military Drive Salt Lake City UT 84104-3325 Salt Lake City UT 84105 Katherine Gardner John Bennion 606 De Soto St 1684 E. Browning Ave Salt Lake City UT 84103 Salt Lake City UT 84105 Dave Van Langeveld Pete Taylor 807 Northcliffe Dr 933 S. 2300 E. Salt Lake City UT 84103 Salt Lake City UT 84108 Gene Fitzgerald Ellen Reddick 1385 Butler Ave 2177 Roosevelt Ave Salt Lake City UT 84102 Salt Lake City UT 84108 D. Christian Harrison R. Gene Moffitt Community Council Chairs 336 W. Broadway, #308 1410 Chancellor Way Last update from CC website 5.11.11 Salt Lake City UT 84101 Salt Lake City UT 84108 Downtown Alliance Attn: Carol Dibble Bob Farrington, Director Salt Lake Chamber of Commerce Downtown Merchants Associatic, 175 East 400 South#600 175 East 400 South, Suite 4600 10 West Broadway, Suite 420 Salt Lake City, Utah 84111 Salt Lake City, Utah 84111 Salt Lake City, UT 84101 Sugar House Merchants Association Hispanic Chamber of Commerce Vest Pocket Business Coalition C/O Barbara Green PO Box 1805 PO Box 521357 Smith-Crown Salt Lake City,UT 84110 Salt Lake City,Utah 84152-1357 2000 South 1100 East Salt Lake City,Utah 84106 Westside Alliance C/0 Neighborhood Housing Services Maria Garcia 622 West 500 North Salt Lake City,Utah 84116 Updated 10/05/04 KDC Remit to: P.O. Box 704005 rilhe$all ukerraribune MEDIA'to Deseret News West Valley City, UT 84170 Order Confirmation for Ad #0000680700-01 Client PLANNING DIVISION Payor Customer PLANNING DIVISION Ad Content Proof Actual Size Client Phone 801-535-6184 Payor Phone 801-535-6184 SALT conCIT oti..?lC ZONING OR01v.AvCE TEXT AM.E.li1^.vdNT s1rARINC Account# 9001394298 Payor Account 9001394298 Cr 'Nedresday, April 27, 2011,v Sr:S tA<.,•he Sal- Lake Cry Plcrrird Ccrscb Address PO BOX 145480 Payor Address PO BOX 145480 sicr win held a prbli:tecir- r g +c rake cemmer+crd ccr- SALT LAKE CITY UT 84114-5455 USA SALT LAKE CITY UT 84114-5455 sicier Pe'Picr PLNFC0.2010- 00045, a reciter by Sol' Lake Ciy Mbycr Ralph Beck- et 'c oralyve ord odjcsr-re Ordered By Acct.Exec -ar Luke cry 2a,r9 Ordi- rare (Trle 21) •c kpcla-e Fax •re C,y'! wirele!! EMail Y everett jo ce Wsic ov corn -r Lex lmclntosh •eie<cr rca•icce rerla- 'icrs. Tit 11bie-:' Pe'rlcr addresses several oreerd- rer-s to' wcud apply e-y_ Total Amount $77.24 ride,f Lx1cp-ed by le COY Ctlr;il. All perccr1 ir'erest ill be rd fr Payment Amt $0.00 eel and peelers or eppc rt ri'y•y•c be heard it Tear Sheets Proofs Affidavits 'his ra-er. The rear irg will be Feld a' Rccm 7:26 of le ry Amount Due $77.24 0 0 1 BCJl1dirLa�e45l1l ord S•cr Seite•. A:esl,ble parka j and et-rake ore 1<ccred ci Payment Method PO Number Zoning Ordinance le easy side cf le;kildir0. Ncbrir0 ,rpa,red irdrvickalf 'atc'w,ll 'C a-erd'to ree-• Confirmation Notes: ir,ij 5rccld ccras cu Tsk rv,:e rcr ber, (501) S5i Text: 6220, fccr days it advcr ce rc 1 Er rr ir:erp•e•er tar be prcrided rcr 1vler irIcr- ra•,cr ie ,dirj Set he - Ad Type Ad Size Color -all _CX Trac.rbear r a. Legal Liner 1.0 X 43 Li <NONE> c`C'-co 5 61,4. „PA,,IP Product Placement Position Salt Lake Tribune.: Legal Liner Notice-0998 Public Meeting/Hear-ing Notices Scheduled Date(s): 04/13/2011 Product Placement Position Deseret News. Legal Liner Notice-0998 Public Meeting/Hear-ing Notices Scheduled Date(s): 04/13/2011 Product Placement Position sltrib corn. Legal Liner Notice-0998 Public Meeting/Hear-ing Notices Scheduled Date(s): 04/13/2011 Product Placement Position utahlegals com•• utahlegals.corn utahlegals corn Scheduled Date(s): 04/13/2011 (14/12/2011 9 48:56AM 1 PLANNING COMMISSION STAFF REPORT ,,,,, ,,,,, L Salt Lake City Code Maintenance ji = Telecommunications Ordinance Amendment =�'< ; k � = . • 21A.040.90: Antenna Regulations , IT Petition PLN PCM2010-00045 Planni. ,,,,,Division April 27, 2011 Department of Community and Economic Development Applicant: Mayor Ralph Becker Request Staff: Lex Traughber (801) 535-6184 y Salt Lake City Mayor Ralph Becker is requesting that the Planning, Lex.Trauohberaslceov.com Commission analyze and amend as necessary the Zoning Ordinance to: • Update the wireless telecommunication regulations to comply with Tax ID: N/A State and Federal regulations; Current Zone: N/A • Encourage wireless facilities where they are not readily visible, encourage co-location of wireless facilities, and encourage stealth Master Plan: City-wide wireless facilities to have a streamlined approval process rather than requiring conditional use approval; Council District: City-wide • Encourage the appropriate location of wireless facilities by Lot Size: N,'A streamlining the process, and; • Clarify where wireless facilities may be located on a lot. Current Use: NIA Applicable Land Use Regulations: Review Standards: Staff Recommendation 21A.50.050— Standards for General Based on the findings listed in the staff report, it is Planning Staffs opinion Amendments that the proposed project generally meets the applicable standards and Affected Tear. therefore, recommends the Planning Commission transmit a favorable 21A.40.090E—Wireless Telecommunications Facilities recommendation to the City Council. 21 A.60—List of Terms 21A.62—Definitions Notification • Notice mailed on April, 15, 2011 • Agenda posted on the Planning Division and Utah Public Meeting, Notice websites April 15,2011 • Newspaper Notice April 13,2011 Attachments: Exhibit A—Proposed Ordinance Exhibit B—Public Comments Exhibit C—Dept!Division Comments PLNPC:s42010-00045,Telecommunications Ordinance Amendment Published Date April 21.22011 1 Background ter, Project Description The City adopted a comprehensive Zoning Ordinance in April 1995. Since that time, the wireless telecommunication regulations have become outdated and cumbersome. In the public interest, the City has recognized a need to update the wireless telecommunications ordinance to encourage the appropriate location of these types of facilities and to stay up-to-date with industry standards. It would be beneficial for Salt Lake City to make the Code revisions proposed in the attached ordinance (Exhibit A) in order to achieve the following identified objectives: • Encourage co-location; • Clarify screening requirements; • Include stealth antennas as a permitted use, define stealth antennas, and include the term in Code Chapter 21A.60 —List of Terms; • Clarify where electrical equipment shall be located; • Refine area limitations for wall and roof mounted antennas, and modify the illustration of "Wall Mounted Antennas" in Code Chapter 21A.62 —Definitions; • Remove conditional use requirement for certain antennas; • Eliminate optional performance bond language for abandoned telecommunication facilities; and • Remove replacement utility pole height restriction. Proposed Code Changes Planning Staff recommends the attached text amendment to the Salt Lake City Code (Exhibit A). The tom. amendments being proposed in this petition deal specifically with subsection 21 A.40.090E, Wirer,- Telecommunications Facilities and addresses the following items: Item 1. Encourage Co-location of wireless facilities. The proposed text amendment encourages co-location of wireless facilities and encourages the appropriate location of these types of facilities. Discussion: Currently, co-location is not recognized as a permitted use, even if a wireless telecommunication facility is being located on a previously approved site. Because of this, applications for new wireless telecommunication facilities that are locating on a previously approved conditional use site must go through a separate conditional use permitting process in order to collocate. Recommended Code Change: Proposed Section 21A.40.090E(4) adds co-location of a wireless telecommunication facility on a previously approved wireless telecommunication site such as an existing building, structure, or antenna support structure as a permitted use provided that: • There is no increase in height proposed; • All additions and improvements are located within the previously approved area; and • All changes are in compliance with the provisions set forth in section 21A.40.090E. The proposed text amendment would encourage co-location and streamline the approval process by allowing a new wireless telecommunications facility as a permitted use when locating on a previously approved wireless telecommunication site. This change would eliminate the need for conditional use permits when collocating. PLNPCM2010-00045,Telecommunications Ordinance Amendment Published Date'April 21,2011 7 Item 2. Clarify screening requirements. The proposed amendment modifies screening requirements for roof mounted antennas by eliminating the requirement for roof mounted antennas and antenna support structures to be enclosed by a structure that creates a visual screen. Discussion: Currently, screening is required for all roof mounted antennas located on top of existing penthouses or mechanical equipment rooms. The screening requirement is burdensome because it is often more visually intrusive than the antennas themselves and can interfere with antenna reception. Recommended Code Change: The proposed amendment eliminates the requirement for roof mounted antennas and antenna support structures to be enclosed by a structure that creates a visual screen. By eliminating this screening requirement for roof mounted antennas, the proposed text amendment prevents visually intrusive screening structures and mitigates potential reception problems caused by such screens. Item 3. Stealth Antennas. The proposed text amendment includes a new and expanded definition of stealth antennas to include all stealth antennas as a permitted use. Discussion: Currently, stealth antennas are limited to include only flag poles and antennas located within an existing structure where there is no exterior evidence of the antennas. All other stealth antennas are subject to the regulations of non-stealth antennas. In order to encourage stealth antennas, the proposed text amendments expand the definition of stealth antennas and clarify the requirements for stealth wireless facilities. Recommended Code Change: Proposed Section 21A.40.090E(2)(f) expands stealth antennas to include telecommunication antennas completely disguised as another object or otherwise concealed from view thereby concealing the intended use and appearance of the facility, as a permitted use in all zoning districts subject to meeting. the provisions contained in the Code. The proposed section requires a stealth antenna to conform to the dimensions of the object it is being disguised as, and the location of the stealth facility shall be in concert with its surroundings. The Section provides examples of such stealth facilities, including, but not limited to flagpoles, light pole standards, or architectural elements such as dormers, steeples. and chimneys. The proposed Section also allows for final determination regarding stealth poles to be made by the Planning Director based on the standards outlined in the section 21A.40.090E(2)(f). The term "stealth antenna" is not currently defined in the Salt Lake City Code. Planning Staff proposes a new definition to be included in Chapter 21A.62 — Definitions, and includes the term in Chapter 21A.60 — List of Terms. Item 4. Clarify where electrical equipment shall be placed. The proposed text amendment clarifies where electrical equipment shall be placed on a lot and expands the area to include the rear yard buildable area. Discussion: Currently, electrical equipment regulations in the Code are specific only to wireless telecommunication antennas located on utility poles and are not applicable to all other antennas. In addition, the current Code states that electrical equipment located in the rear yard area must conform to the location requirements for an accessory structure in the underlying zoning district. The proposed amendment eliminates the accessory structure location requirement, and instead allows electrical equipment to be located within the buildable area as long as it is not located between the front and/or corner facades of the building and the public right-of-way. Recommended Code Change: Proposed Section 21A.40.090E(3) is a new section applied to all wireless antenna electrical equipment. The proposed text amendment achieves the following: PLNPCM2010-00045,Telecommunications Ordinance Amendment Published Date April 21.2011 3 • Regulates where electrical equipment for all antennas, not just antennas located on utility poles; • Encourages electrical equipment to be located within the buildable area, and eliminates the local"'' " requirements for an accessory structure in the underlying zoning district; and. e Allows for electrical equipment to be located in the rear or side yard or within the buildable area as long as it is not located between the front and/or corner facades of the building and the public right-of-way. Item 5. Area limitations for wall and roof mounted antennas. The proposed text amendment refines area limitations for wall and roof mounted antennas by adding, maximum coverage percentages. Discussion: Currently, the Code has an area limitation for wall and roof mounted antennas of forty (40) square feet for each exterior wall of the building or a total of one hundred and sixty (160) square feet per building. These restrictions are universal and therefore do not take into account the various different building sizes. In addition, these restrictions have proven to be problematic in the permitting process and can be difficult to enforce due to approximate measuring from street view. Recommended Code Change: The Proposed Section 21A.40.090E(7) removes the total building limitation of one hundred and sixty (160) square feet and refines the area limitations by proposing the lesser of sixty'(60) square feet per exterior wall or a total of five (5) percent of the gross square footage of each exterior wall. Planning Staff also recommends an updated illustration of wall mounted antennas to be included in Chapter 21A.62—Definitions. Item 6. Remove conditional use requirement for antennas located on non-complying buildings that exceed the maximum height limit of the zoning district. " Discussion: Currently, the location of antennas on noncomplying buildings that exceed the maximum height limit of the zoning district must go through a conditional use approval process. Recommended Code Change: The Proposed Section 21A.40.090E(8) encourages antennas to locate on existing structures, as opposed to building new single use monopoles or mounting structures, by allowing antennas to locate on noncomplying buildings that exceed the maximum height limit of the zoning district as a permitted use. Item 7. Optional performance bond language for abandoned facilities. The proposed text amendment eliminates optional performance bond language for abandoned telecommunication facilities. Discussion: The Code currently provides an option for requiring a performance bond or other means of financial assurance to guarantee removal of abandoned poles. Recommended Code Change: Eliminate optional performance bond language in section 21A.40.090E(11) that is an option for requiring a performance bond or other means of financial assurance to guarantee removal of abandoned poles. The rationale behind this proposal is that performance bonds are rarely, if ever, required; and further are difficult to track and administer. Item 8. Utility Pole Mounted Antenna. The proposed text amendment encourages telecommunication facilities and antennas to locate on existing utility poles and eliminates replacement utility pole hem+ restrictions. PLNPCM2010-00045,Telecommunications Ordinance Amendment Published Date April 21,2011 4 Discussion: Currently, the City does not regulate the height of utility poles. Per the current Code, an applicant is allowed to increase the height of a pole by ten feet (10'). However, since the time that this section of Code was written, Occupational Safety and Health Administration (OSHA) implemented an industry standard that stipulates a minimum ten foot (10') clearance between the highest antenna line on a particular pole and a proposed wireless antenna. The result has been that antennas could no longer locate on utility poles without exceeding the ten foot (10') restriction found in the current code. Recommended Code Change: Because the City does not technically regulate utility pole height and in order to encourage antennas to be located on existing structures, the proposed Section 21A.40.090E(2)(f) includes the removal of utility pole replacement height restrictions. The changes also include increasing the width of permitted utility pole mounted antennas from 24" to 30". Utility poles mounted antennas exceeding 30" in width would require conditional use approval. Item 9. Location on City-owned Property or Land Zoned as Open Space. The proposed text amendment would require that telecommunication towers proposed to be located on city-owned property or on any property located within an open space zoning district or subject to the City's Open Space Lands Program must obtain approvals from appropriate agencies governing such properties. Discussion: The purpose of this provision is to provide advanced notice that approvals from other City agencies or governmental entities may be needed beyond the permitted use or conditional use processes required by the Zoning Ordinance. The notice will allow applicants to plan in advance for all required review process and not be surprised prior to the anticipated construction period. For example, a cell tower proposed to be located on property governed by the City's Open Space Lands Program would be subject to the provisions of City Code section 2.90. Recommended Code Change: Insertion of language to provide notice that agencies other than the Planning or Building Services divisions may need to review the proposal. Comments Public Comments An Open House was held on November 18, 2010. Notice of the Open House was sent to Community Council Chairpersons, Business Groups, and those whose names are on the Planning Division's list serve. Notice was also posted on the City's website. Several comments were received from industry representatives regarding the height restrictions for utility pole mounted antennas. The comments were taken into consideration and are reflected in the text amendments discussed above as warranted (see Exhibit B). City Department Comments The Planning Division routed a request for Department/Divisions comments on October 22, 2010. Several comments were received and are attached for review (see Exhibit C). In general, there were no concerns for the proposed changes. PLN'PCM2010-000a5,Telecommunications Ordinance Amendment Published Date April 21.2011 5 Analysis and Findings Options Approval: If the Planning Commission finds that the proposal meets the standards of the ordinance as discussed below, the petition should be forwarded to the City Council with a recommendation of approval. Denial: If the Planning Commission finds that the proposal does not meet the standards of the ordinance as discussed below, the petition should be forwarded to the City Council with a recommendation of denial. Continuation: If the Planning Commission finds that additional information or further revision is needed in order to make a decision, then a final decision may be postponed with specific direction to Planning Staff regarding the additional information or revision required for the Planning Commission to take future action. Findings Section 21A.50.050 Standards for general amendments. A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard. .w* A. In making its decision concerning a proposed text amendment, the City Council should consider tie following factors: 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; Discussion: The purpose of the proposal is to update Salt Lake City's wireless telecommunications ordinance to encourage the appropriate location of these types of facilities and to stay up to date with industry standards. Finding: The proposed text revisions are for the purpose of maintaining, updating, and clarifying the Telecommunications Ordinance, and as such are consistent with adopted City planning documents. 2. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance; Discussion: Chapter 21A.40, addressing "Accessory Uses, Buildings and Structures" Chapter Purpose Statement reads as follows: 21A.40.010: PURPOSE STATEMENT: "This chapter is intended to provide general regulations, applicable to all zoning districts, for accessory uses, buildings and structures which are customarily incidental and subordinate to the principal use and which are located on the same'' It is further intended to provide specific standards for certain accessory uses, buildings aLiu structures. (Ord. 26-95 § 2(20-0), 1995)" PLNPCM2010-00045.Telecommunications Ordinance Amendment Published Date April 21,2011 6 Finding: The proposed text amendment provides general regulations and further refines specific standards for Telecommunication Facilities. Section 21A.4O.O9OE addressing "Wireless Telecommunications Facilities; Low Power Radio Services Facilities" Section specific Purpose Statement reads as follows: "The purpose of this section is to address planning issues brought on by the rapid growth in demand for low power radio services. This section distinguishes low power radio from other broadcasting type telecommunication technologies and establishes provisions that deal with issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility siting. The requirements of this section apply to both commercial and private low power radio services. Low power radio services facilities include "cellular" or "PCS" (personal communications system) communications and paging systems." Finding: The proposed text amendments address planning issues brought on by the rapid growth in demand for low power radio services, including "cellular" or "PCS" (personal communications system) communications and paging systems, by encouraging the appropriate location of wireless facilities and streamlining the permitting process. The proposal addresses issues of demand, visual mitigation, engineering, residential impacts, health, safety and facility siting by encouraging wireless facilities where they are not readily visible (including co-location of wireless facilities and stealth wireless facilities as a permitted uses), and clarifying where wireless facilities shall be located on a lot. 3. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and Finding: The proposed text amendments do not affect any overlay zoning districts. Any specific development proposal would have to comply with applicable overlay zoning requirements. 4. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design. Finding: The proposed text amendment implements best current, professional practices of urban planning and design by mitigating visually intrusive wireless telecommunication facilities through:the encouragement of co-location, the removal of visually intrusive screening requirements, and the inclusion of stealth antennas as permitted uses in all zones. The amendment also implements best current, professional practices of urban planning and design by included area limitations for roof and wall mounted antennas, as wells as refining the regulations to encourage location on existing structures and allowing for the appropriate location of associated electrical equipment. • PLNPCM2010-0004 ,Telecommunications Ordinance Amendment Published Date April 21.201 1 7 21A.40.090: ANTENNA REGULATIONS: All antennas shall comply with the following regulations and all other ordinances of the city and any pertinent regulations of the federal communications commission and the federal aviation administration: 21A.40.090E E. Wireless Telecommunications Facilities; Low Power Radio Services Facilities: The purpose of this section is to address planning issues brought on by the rapid growth in demand for low power radio services. This section distinguishes low power radio from other broadcasting type telecommunication technologies and establishes provisions that deal with issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility siting. The requirements of this section apply to both commercial and private low power radio services. Low power radio services facilities include "cellular" or "PCS" (personal communications system) communications and paging systems. 1. Uses: The uses specified in table 21A.40.090E of this section, indicate which facility types are allowed as either a permitted or conditional use within specific zoning districts. Low power radio service facilities may be an accessory use, secondary use or principal use. a. Administrative Consideration Of Conditional Uses: Applications for low power wireless telecommunication facilities that are listed as conditional uses shall be reviewed according to the procedures set forth in section 21A.54.155 of this title. TABLE 21A.40.090E WIRELESS TELECOMMUNICATIONS FACILITIES Monopole With Monopole With Antennas And Antennas And • Antenna Support Antenna Support Structure Less Than Structure Greater 2 Feet Wider Than 2 Feet Wide2 District 60 Feet • 60 Feet Height Or District Or Limit • Exceedi Height Exceedin But Not ng The Limit But g The To Maximu Not To Maximum ; Exceed m • Exceed 60 . Height ' 60 Feet Height Wall ; Roof ; Feet Limit Of (Whiche Limit Of Lattice Moun Moun (Whicheve : The Zone ver Is The Tower t• • r Is Less) : Less) Zone • Residential districts: 1 R- P' 1/12,000 ' v . R- P' . 1/7,000 1/5,000 • SR-1 P' j SR-3 ' P1 R-2 ' P' ' RMF- P . ' 30 RMF- P1 V • 35 . RMF- ' P ! C 45 A , RMF- P . C 75 Mixed use - residential/office districts: RB P- R-MU P i C RO P' Commercial/manufacturing districts: S- CN P' CB P ' C CS P ' P CC P i P P C C C ' CSHB , P V P P C C ; C , CG , P : P P C C C ' C 2 D-1 P P P C C ' C D-2 ' P P P C C C D-3 P P P C C . C D-4 , P P P C C C G-MU P P P C C : C M-1 , P P P C P C ' C M-2 P ' P P C P C C Special purpose/overlay districts: • RP P C , BP : P - P P C C : C AG P1 , P' C C i C 1 AG-2 P' P' C C C ' AG-5 ' P1i P1 C C C AG-20 P' P� C C C A ' P ' P P P P C C PL P C ' PL-2 P i C • I P : C , U I P ` P C C C . 0S2 C C C C C El P P P C C C MU P C Notes: P Permitted use C Conditional use 1. Allowed as a permitted use on a residential building consisting of 4 or more attached dwelling units and on nonresidential buildings. Zoning administrator approval is required to assure compliance to subsection E2a of this section. 3 2. New telecommunications towers are allowed outside the telecommunication corridor in the OS zone for public safety purposes only. 3. Co-location of a wireless telecommunication facility is allowed per subsection 21 A.40.090E4. 2. Facility Types: Low power radio services facilities are characterized by the type or location of the antenna structure. There are five (5) seven (7) general types of such antenna structures: wall mounted antennas; roof mounted antennas; monopoles with antennas and antenna support structure less than two feet (2') in width; monopoles with antennas and antenna support structure greater than two feet (2') in width: and lattice towers; stealth antennas; and utility pole mounted antennas. Standards for the installation of each type of antenna are as follows: . a. Wall Mounted Antenna: The following provisions apply to wall mounted antennas: (1) Wall mounted antennas shall not extend above the wall line of the building or extend more than four feet (4') horizontally from the face of the building. (2) Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure of the background against which Amok they are most commonly seen. Antennas and the supporting structures on buildings should be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure. (3) Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures, shall be considered a wall mounted antenna. b. Roof Mounted Antenna: The following provisions apply to roof mounted antennas: (1) Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms provided the antennas and antenna support structures are enclosed by a structure that croiates a visual screen. The screening structure, antennas and antenna mounting structures and shall not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room. (2) For antennas not mounted on a penthouse or mechanical equipment room, the antennas shall be mounted at least five feet (5') from the exterior wall of a building. For antennas mounted between five (5) and ten feet (10') from the exterior wall, the maximum height of a roof mounted antenna is directly proportional to the distance the antenna is set back from the exterior wall up to a maximum height of ten feet (10') above the roofline of the building 4 to which the antenna is attached. Antennas shall be mounted at least five feet (5') behind any parapet wall. For antennas mounted between five (5) and ten feet (10') behind a parapet wall, the maximum height of the antenna is directly proportional to the distance the antenna is set back from the wall up to a maximum of ten feet (10') as measured from the top of the parapet wall. The antennas shall not extend more than fifteen feet (15') above the roofline of the building itself unless approved as a conditional use (see subsection 21A.62.050H of this title). shall not tend above the a conditional usc. (3) Roof mounted antennas are permitted only on a flat roof, a #abely screened, constructed and/or colored to match-the structure to which they aF attached. c. Monopole With Antennas And Support Structure Less Than Two Feet In Width: The total of each individual antenna structure mounted on a monopole shall not exceed two feet (2') in width. The maximum height of s each individual • antenna shall not exceed ten feet (10') in height (see subsection 21A.62.050G of this title). In the case of co-location, when there is more than one antenna located on a monopole. all additional antenna structures shall not exceed the above referenced dimensions. No such antenna shall be located within one hundred sixty five feet (165') of a residential zone other than the R-MU district. d. Monopole With Antennas And Antenna Support Structure Greater Than Two Feet In Width: The maximum visible width of individual antennas and antenna mounting structures on a monopole shall not exceed eight feet (8') in height or thirteen feet (13') in width as viewed looking directly at the monopole at same elevation as the antennas and antenna mounting structure (see subsection 21A.62.050F of this title). In the case of co-location, when there is more than one antenna located on a monopole, all additional antenna structures shall not individually exceed the above referenced dimensions. No such monopole shall be located within three hundred thirty feet (330') of a residential zone other than the R-MU district. e. Lattice Tower: The maximum visible width of individual antennas and antenna mounting structures on a lattice tower shall not exceed eight feet (8') in height or thirteen feet (13') in width � sewed Imo' ,ram tly at +her e�cf, s elevation as the antonnac and antenna mounting structure (see subsection 21A.62.050E of this title). No such lattice tower shall be located within three hundred thirty feet (330') of a residential zone. f. Flagpoles Stealth Antennas: (1) A Ttelecommunication antennas completely disguised as flagpoles another object or otherwise concealed from view thereby concealing the intended use 5 and appearance of the facility, shall be allowed in all zoning districts subject to meeting the provisions contained in tables 21A.36.020B and 21A.36.020C of this title. The antenna shall conform to the dimensions of the object it is being disguised as and the location of the stealth facility shall be in concert with its surrounding. Examples of stealth facilities include, but are not limited to flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys. Final determination regarding stealth poles shall be made by the Planning Director based on these standards. The electrical equipment shall be located in accordance with subsection 21A.40.090E3. on the lotwhere an accessory and cables to the pole shall be placed underground. (2) Antennas Located Within Existing Structures Where There Is No Exterior Evidence Of The Antennas: Antennas located within an existing structure constructed prior to the effective date hereof shall be a permitted use in all zonina districts provided that: a. There shall not be any exterior evidence of the antenna or support structure. b. The Electrical equipment structure shall be located within the existing structure with no exterior evidence of existence, or in compliance with the location reauirements as noted in subsection 21A.40.090E3 of this title. g Wireless Telecommunication Antennas I ocated On Utilit Poles Utility Pole Mounted Antenna: Antennas on utility poles and associated electrical equipment shall be allowed subject to the following standards: (1) Antennas: (A) The antennas shall be located either on an existing utility pole or on a replacement pole in the public right of way, or in a rear yard utility easement. (B) On an existing pole, the antennas shall not extend more than ten feet (10') above the top of the pole. (C) If the utility pole is replaced to accommodate the antennae the coplacement pole shall not be more than ten feet (14') higher than the existing fDcie. If eye•placement-polvlee- exceceed-s-tthre-heighht-cf t� t-he-e.xistin--gp le,c,the antennas s the ton of the polo Replacement of a utility pole requires conditional use approval. (DC) The antennas, including the mounting structure, shall not exceed twenty four inches (2411} thirty inches (30") in diameter to be considered a 6 permitted use. Antennas with an outside diameter greater than between twenty four (24) and thirty inches (30") shall be a conditional use. Antennas exceeding thirty inches (30") shall not be allowed. (E) If the antennas and mounting structure are narrower than the tap of the utility pole, stealth shielding of the antennas shall be used to make the (�D) Antennas located in the public right of way shall be a permitted use and shall comply with the standards listed above. (GE) Conditional use approval is required for antennas located in a rear yard utility easement in all residential, CN neighborhood commercial, PL public lands, PL-2 public lands, CB community business, I institutional, and OS open space zoning districts. Antennas located in a rear yard utility easement in all other zoning districts shall be a permitted use and shall comply with the standards listed above. (2) Electrical Ent iipment• ( ) Electrical Equipment I ocated In The Public Right Of Way Cron+ Var`-I t attached directly to the utility pole or placer) i ndergro„nd If the olectrical equipment is attached to the pole, the boxes shaii not be larger than thirty six inches (` 6") in h ght, twelve inches (12") deep and no wider than twee+cwc--ty=n c hmac (20"� No mars +h-zrr�; fiiv (— ) such boxes shall be mounted on the utility pole to which it is attached (excluding th h + interface box ma r he inotalle elne�p90 th.` ten font (10') Ieye� E eGtcTccal equipment in the req. ed fron�side yard shall be-plaac underground. 1 7 transportation divisions. (B)Elect-ricai_Equipment In The Rear Yard Urea In 411 Recsidential, CN Neigh orhood CommGerrcia�� RLP lic Lands PI 2 Public I ands GB Community Business, I Institutional, And OS Opcc Space Zoning Districts: Electrical eq-u-i-pmen-t located in the rear yard area of a lot in a residential zoning district, shall not exceed a width of four feet (4'), a depth of three feet (3'), or a height of four feet (1') to be considered a permitted use. Electric I equipment located in the rear yard area of property Ioeat N, PI DI 7 CB I or OS zoning district shall not exceed a width of six foot (6') a dep a .f fe use. 21A.52 of this zoning ordinance. Ap-plication� rs as required by chapter 21-A.5.2 of t -is zoo ordinance shall be processed as a ant to the standards sot forth in this title The electrical equipment located in a rear yard shall conform to the lot area, coverage and location requirements for an accessory structure in the • underlying zoning district. • • (32) General Provisions: (A) The application shall include the signature of the authorized agent of the owner of the utility pole. (B) Antennas and equipment boxes on the utility poles shall be painted to match the pole to which it is attached to minimize visual impacts. (C) Generators or noise producing venting systems shall not be used. (D) Lighting for aircraft is prohibited except where required by federal law. (E) Electrical and utility cables between the utility pole and electrical boxes shall be placed underground. (F) Facilities in the public right of way shall be subject to any applicable franchise fees or lease agreements required by the city. allowed in II nonr sidential zoning districts si ibieet to meeting the provisions contained in tables 21A.36.020B-a-n-d-2--1-A,36,0-2-0-C-ef-t- le -T-h-e-pe-l-e-shall lotot env[whence n ac-_essnnr stri oti ire is al ewed-and is subject to meeting all the 8 3. Electrical Equipment: a. Electrical Equipment Located In The Public Right Of Way, Front Yard Or Side Yard: Electrical eauipment in the public right of way shall either be attached directly to the utility pole or placed underground. If the electrical equipment is attached to the pole, the boxes shall not be larger than thirty six inches (36") in height, twelve inches (12") deep and no wider than twenty inches (20"). No more than five (5) such boxes shall be mounted on the utility pole to which it is attached (excluding the power meter and network interface box). The boxes shall be stacked vertically, one above the other, and shall be at least ten feet (10') above the ground. The power meter and network interface box may be installed below the ten foot (10') level. Electrical equipment in the required front or side yard shall be placed underground. Electrical equipment placed underground or on a utility pole in the public right of way shall comply with the requirements of the Salt Lake City engineering and transportation divisions. b. Electrical Equipment Located on Private Property: Electrical equipment shall be located in the rear or side yard or within the buildable area as lona as it is not located between the front and/or corner facades of the building and the public right of way. Electrical equipment located in a residential zoning district, shall not exceed a width of four feet (4'), a depth of three feet (3'), or a height of four feet (4') to be considered a permitted use. Electrical equipment located in a CN, PL, PL-2, CB, I or OS zoning district shall not exceed a width of six feet (6'), a depth of three feet (3'). or a height of six feet (6') to be considered a permitted use. Electrical equipment exceeding the dimensions listed above shall be reviewed administratively as a routine and uncontested special exception per chapter 21A.52 of this zoning ordinance. Applications not receiving the consenting signatures of all property owners as required by chapter 21A.52 of this zoning ordinance shall be processed as a conditional use, pursuant to the standards set forth in this title. The electrical eauipment shall be subject to the maximum lot coverage requirements in the underlying zoning district. 9 4. Co-location: Co-location of a wireless telecommunication facility on a previously approved wireless telecommunication service facility such as an existing building, structure, or antenna support structure, is allowed as a permitted use, provided: a. No increase in the height of the existing wireless telecommunication support structure is proposed; b. All aspects of the co-location improvements must be located within the previously approved fenced (lease) area; c. Compliance with the corresponding provisions set forth in 21A.40.090.E. 3 5. Height Limit: The height limit for monopoles and lattice towers shall be limited as per subsection El, table 21A.40.090E, of this section. 4- 6. Location And Minimum Setbacks: Monopoles with antennas and antenna support structure less than two feet (2') in width, monopoles with antennas and antenna support structure greater than two feet (2') in width and lattice towers shall be allowed only in the rear yard area of any lot. These structures shall not be located in a required landscaped area, buffer area or required parking area. Amok 6- 7. Area Limitations For Wall And Roof Mounted Antennas: A combination of both roof and wall mounted antennas are allowed on a building. The total area for all wall and roof mounted antennas and supporting structures combined shall not exceed the lesser of forty (40) sixty (60) square feet or five (5) percent of the gross square footage of for each exterior wall of a the building or a total of one hundred sixty (160) square feet per building. A maximum of four (4) walls shall be occupied by cellular antoninas. The total area is the sum of the area of each individual antenna face and the visible portion of the supporting structure as viewed when looking directly at the face of the building. The total area for a roof mounted antenna shall apply to the closest exterior wall (see subsection 21A.62.050J of this title). 6 8. Roof And Wall Mounted Antennas On Noncomplying Buildings That Exceed The Maximum Height Limit Of The Zoning District: If a building exceeds the maximum allowable height of the zoning district, roof or wall mounted antennas may be attached to the portion of the building that extends above the maximum height limit of the zoning district. If a roof mounted , if said antenna is listed as a permitted use in table 21A.40.090E of this section.), and the building extends above the maximum _eight limit of the zoning district conditional use approval is required. ....,,.,., ....,,...,.,.,. ,.... .,... tit' 7 9. Additional Conditional Use Requirements: In addition to conditional use standards outlined in chapter 21A.54 of this title, the following shall be considered by the planning commission: 10 a. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures; b. Whether co-location of the antenna on the other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception; c. The location of the antenna in relation to existing vegetation, topography and buildings to obtain the best visual screening; d. Whether the spacing between monopoles and lattice towers creates detrimental impacts to adjoining properties. 8 10. Accessory Buildings To Antenna Structures: Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. Monopoles shall be fenced with a six foot (6') chainlink fence and the climbing pegs removed from the lower twenty feet (20') of the monopole. All power lines on the lot leading to the accessory building and antenna structure shall be underground. -9 11. Historic District: Any antenna proposed for a location within a historic district or on landmark site is subject to approval through the historic landmarks commission as contained in chapter 21A.34 of this title. 10 12. Permission Required For Antennas And Mounting Structures On Or Over A • Public Right Of Way: Antennas and mounting structures encroaching on or over the public sidewalk or on or over a public right of way shall be subject to obtaining permission from the city pursuant to the city's'rights of way encroachment policy. 13. Location on City-owned Property or Land Zoned as Open Space: Telecommunication facilities proposed to be located on City-owned property or on any property located within an open space zoning district or subject to the City's Open Space Lands Program must obtain approvals from appropriate agencies governing such properties. 1114. Non-maintained Or Abandoned Facilities: The building official may require each non-maintained or abandoned low power radio services antenna to be removed from the building or premises when such an antenna has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure within thirty (30) calendar days after notice of non-maintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure. The city may require a performance bond or other mean-s of financial assurnnco to guaranteendoned poles. EviIs—eTron O The 11 ntonn s- 11 ntennas located ntithiTr`._ .n-twisting striicti pro 11 constructed prior to the effective date hereof shall be a per +tted use in a zoning districts provided that: b e Electrical equipment structure shall be located within the existing structure wit��,th-rto exterior ev enGe f exstenc e location for an occe,sory structure in the rear yard area compliance with the location requirements as noted in subsection 21A.40.090E3 of this title. (Ord. 10-10 § 12, 2010: Ord. 73-02 §§ 9 (Exh. D) _ 11, 2002: Ord. 81-01 § 1, 2001: Ord. 11-01 § 1, 2001: Ord. 14-00 § 7, 2000: Ord. 3-00 § 1, 2000: Ord. 93-99 §§ 1 4, 1999: Ord. 35-99 §§ 60 _ 62, 1999: amended during 5/96 supplement: Ord. 5-96 § 1, 1996: Ord. 26-95 § 2(20-8), 1995) 21A.60.020: LIST OF DEFINED TERMS: Antenna, stealth. 21A.62.040: DEFINITIONS OF TERMS: ANTENNA, STEALTH: An antenna completely disguised as another object, or otherwise concealed from view, thereby concealing the intended use and •, appearance of the facility. Examples of stealth facilities include, but are not limited -a- to flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys. 21A.62.050: ILLUSTRATIONS OF SELECTED DEFINITIONS: J. Wall Mounted Antennas 12 Antennas Mechanical r- Equipment , . 1 1 I r Maximum Distance Room, ILL > 1;1;1 I 1```I;I; From Wall: 4 Feet I I 1 . I I1 I 7 I Penthouse ,' I re �I 1 I t I ........_ 1/ or Parapet _____.h,.. 1I,IiiitfriI 1 I 7 jj 1 1�1 I 11 CI 1 1 Wall � rutlimi (�]1]]11IIi.1I11 1 1,1 ' ,I.1,I 11 )L r l(I c- r L.I 1 I I I 1 11 t I 1 I ] x + + , ( i 1- Il1 z I:Ij1,I 'I l f 7�711 1(1 f7�( ICI 1 1 1 1 1 I 1 L I (4 1 I r 1 I I 7 1 I I )-i } al [ } 7 11}11 1 'rill!1r i'l- I ;IC Tr'� I S J 1 I l i 1 1 tJ I I F 1 1 1 �I 1 1 i 1` I]I( If J 1 r rrj 171_,I ll 7 I 1 1�r I I 1 1 f i 7 11 1 1 ill l l( Building -� I I1 I'l t�1J11 1 II'1l1 I I I,171111) 1, II 1 [7L L L C 1 J 1 ��1 � >� 7 I' 7 T�'t�{ 7I17 1 'r1711311,11'I i Tr 1 T ?1I i 1 1 ] I I I 1 7 1 7 ) 1 !city 1�j I l I I I I I 111 1 '�C 1 I J 1 I 1 1�1 I I III I( l ri i 1 1J 7 7 I 1 1 111 (If 1l(1 111'fII II 1�11[I111117II1 r1 Ijl ,I II Ii I I r 1 I r- i- f l I I l'1 11 1 I 1 I J I I I L I Ili I I I 11 1 1 1 1 1 I LJ. 1 r i l 7 11 1 L7 l ]1 1 I I i 1 I I I j,i II itilll 111 III II i ilpi�rI1 I111 I,11•rifirl 1 \ 1r1�iCi I I I 1 i -T 1 11 l i 1 r 1 I r I I I l I )1 I i I I 1 I I ,111 Iil !,i ( I f r 1 I 1 Ir1�tl y 1,1,111 [ \ `1 1�1 I 1 I i 1 Front View Side View \ \ t` '=; te r ' 'rY'C i. ,' '� -,ram Area Measurement: sjj -J - 1,,,, Maximum area coverage for any VA 4.`:. ;' ki2::::5I Combination of Wall or Roof Mounted Antenna is the Lessor of 60 square feet or 5 percent of the gross square footage of each exterior wall as Measured Around Each Individual Antenna and Supporting Structure as Viewed Looking Directly at the WALL MOUNTED ANTENNAS Antennas. Traughber, Lex rom: McConkie, BreAnne Sent: Thursday, January 06, 2011 12:51 PM To: Traughber, Lex Subject: FW: SLC Telecommunitications Ordinance Amendment Categories: Other Will you print this email off for the meeting?Thanks! From: Noah Grodzin [mailto:noah.grodzin©CascadiaPM.com] Sent: Tuesday, November 16, 2010 2:58 PM To: Traughber, Lex Cc: McConkie, BreAnne Subject: RE: SLC Telecommunitications Ordinance Amendment Lex; Thank you for keeping me in the loop. The main issue my team had with the code was in regards towards the utility poles....below is a paraphrase from one of our original email exchanges regarding the matter: "Currently per the code an applicant is allowed to increase the height of a pole by 10'. However after the City code was written; OSHA implemented a standard to RMP (Rocky Mountain Power) that they need to have 10' of clearance between their highest antenna line on a particular pole and a proposed wireless antenna. Dur antennas for the utility poles are 8' in height; so to meet the RMP standard a pole would have to be increased by essentially 18'; which would violate the code requirement of 10'. We have about a dozen RMP that we would like to locate on; but will be unable to so—per this situation. In fact there is no utility pole in the City that we could use." Let me know what you think.... Thanks. Noah Grodzin Site Acquisition Specialist CascadiaPM 071.285.6645 From: Traughber, Lex [mailto:Lex.Traughber©slcgov.com] Sent: Tuesday, November 16, 2010 1:42 PM To: Noah Grodzin; 'David.Holt©PacifiCorp.com'; 'Dave Carter' Cc: McConkie, BreAnne; Norris, Nick Subject: SLC Telecommunitications Ordinance Amendment Gentlemen, As you may be aware, the Salt Lake City Planning Division is currently in the process of revising the City's wireless telecommunications ordinance and we are hoping to receive industry input to help inform the revisions. Attached is a draft ordinance for your review. Any comments or suggestions that you may have in regards to this proposal would be greatly appreciated. Also, we'd like to invite you LQ join us at our upcoming public open House, Thursday, November 18, from 4:30-6:00 PM on the 1st floor of the City & County Building. We will have the attached draft ordinance available for the general public at that time. We look forward to your input and comments. If you have any questions, please do not hesitate to contact me or my intern, BreAnne McConkie at breanne.mcconkie(c�slcaov.com or (801) 535-7135. Sincerely, Lex Traughber Senior Planner • Salt Lake City Planning Division 451 S. State Street, Room 406 P.O. Box 145480 Salt Lake City, UT 84114-5480 Telephone: (801) 535-6184 Fax: (801) 535-6174 • • • • froolik 2 Traughber, Lex -rom: Noah Grodzin [noah.grodzin@CascadiaPM.com] Sent: Thursday, February 25, 2010 5:48 PM To: Traughber, Lex Cc: Britton, Nick; Coffey, Cheri Subject: RE: Utility Pole Ordinance Change Attachments: RMP Exhibit.pdf; UT-SLCO268_ZD_R1.1_2-11-10[1].pdf Categories: Other • Lex; I received your phone call. I would like to meet to discuss adjusting the ordinance specifically for locating antennas on utility poles. Currently per the code an applicant is allowed to increase the height of a pole by 10'. However after the City code was written; OSHA implemented a standard to RMP (Rocky Mountain Power) that they need to have 10' of clearance between their highest antenna line on a particular pole and a proposed wireless antenna. Our antennas for the utility poles are 8' in height; so to meet the RMP standard a pole would have to be increased by essentially 18'; which would violate the code requirement of 10'.We have about a dozen RMP that we would like to `. locate on; but will be unable to so—per this situation. In fact there is no utility pole in the City that we could use. The questions I would like to address in a meeting would be: • Would the City consider revising the ordinance? • If so—what would the process be and how long of a time line? • Attached is an RMP exhibit that illustrates their requirement. • • Attached is a site plan for an RMP site that shows the increase with the RMP standard Please let me know an available date/time that we could meet and discuss. Regards; Noah Grodzin Site Acquisition Specialist • CascaciiaPM 971.285.6645 From: Coffey, Cheri [mailto:Cheri.Coffey@slcgov.com] Sent: Thursday, February 25, 2010 1:25 PM To: Traughber, Lex Cc: Britton, Nick; Noah Grodzin Subject: RE: Utility Pole Ordinance Change Lex, Nill you please work to schedule a meeting with Noah? If you would like me to attend, please check my outlook calendar for next week. Thanks. 44011101._--.40." Salt Lake City Department of Airports I NTBKFH cE MBVIO flarirg&awlrcrrratd Date: March 3, 2011 To: Lex Traughber From: Allen McCandless Subject: Telecommunications Ordinance Amendment 21 A.040.90 Petition PLNPCM2010-00045 Thank you for providing the draft Telecommunications Ordinance Amendment for review regarding Antenna Regulations. Antennas located at the Salt Lake City International Airport provide wide support for a variety of operational and aeronautical purposes. These purposes may include air navigation communication, internet access, ground vehicle communication, emergency response, radar, FAA Control tower, tenant communication, weather reports, radio, phone, and other essential communications. Antenna facilities are critical to airport operations and are constantly maintained and upgraded to meet technological changes. Heights of all structures, including antennas, must comply with FAA height requirements on and near airports. Height regulations are specified in the City's existing Airport Flight Path Protection Overlay District, and also by FAA regulation. It is imperative that the proposed ordinance amendments continue allowing antenna installation and maintenance at the Salt Lake City International Airport for aeronautical, operational, and emergency purposes. ( C 1 'Tfill�C+ [ei�ti"" ,,r Date I Task/Inspection Status/Result Action By Comments 2/3/2010 Staff Assignment In Progress Coffey,Cheri Target April PC meeting 2/10/2010 Staff Assignment Assigned Traughber,Lex 2/10/2010 Staff Assignment In Progress Traughber,Lex 10/11/2010 Planning Dept Review In Progress Traughber,Lex ' 10/11/2010 Staff Assignment Routed Traughber,Lex 10/13/2010 Engineering Review Complete Drummond,Randy We have no concerns regarding this proposed ordinance text change. 10/18/2010 Fire Code Review Complete Itchon,Edward 10/28/2010 Public Utility Review (Complete Stoker,Justin No objection to the proposed code changes. 11/2/2010 Transporation Review Complete Walsh,Barry The division of transportation review comments and recommendations area s follows: The provision that parking is not impacted is still' in the ordinance and no additional parkin°is required. All issues within the public right of way are to be reviewed by Engineering and Transportation. 11/4/2010 Building Review Complete Butcher,Larry 11/4/2010ICornmunity Open House !Scheduled Traughber,Lex 11/4/2010 Police Review Complete Johnson,Jeff Planning Staff routed this request for comment to the Police Dept. NO COMMENTS WERE RECEIVED IN RESPONSE TO THIS REQUEST. 11/4/2010 Zoning Review Complete Butcher,Larry 11/23/2010 Community Open House Complete Traughber,Lex 'Open House held 11/18/10 Amended SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City & County Building at 451 South State Street Wednesday, April 27, 2011 at 6:00 p.m. or immediately following the Work Session Field Trip is cancelled. Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m. in Room 126. Work Session: 5:30 in Room 326. The Planning Commission will hold a work session from approximately 5:30-6:00. During the Work Session the Planning Staff will brief the Planning Commission on pending projects, discuss project updates and minor administrative matters. This portion of the meeting is open to the public for observation. Briefing PLNPCM2010-00055; A request by Mayor Ralph Becker to amend sections of the Salt Lake City Zoning Ordinance as they relate to changes in grade and the definition of grade.The amendment will affect sections 21A.62.40 definitions of terms. 21A.36.020 obstructions in required yards and 21A.24.010 general provisions. Related provisions of Title 21A, the zoning ordinance may also be amended as part of this petition.( Staff Contact: Ray Milliner at (801) 535-7645 or ray.millinerac slcgov.com ) • Approval of Minutes from March 9, and April 13 • Report of the Chair and Vice Chair • Report of the Director Public Hearing Legislative Petitions PLNPCM2010-00045. Telecommunications Ordinance Amendment—A petition to amend Zoning Ordinance Section 21A.40.090—Antenna Regulations. The purpose of the proposal is to bring the Ordinance up-to-date by encouraging the co-location of wireless facilities, clarifying screening requirements for roof mounted antennas, allowing stealth antennas as a permitted use, clarifying where electrical equipment shall be placed on a lot, refining area limitations for wall and roof mounted antennas, removing conditional use requirements for antennas located on non-complying buildings that exceed maximum height, and eliminating optional performance bond language for abandoned facilities. Related provisions of Title 21A—Zoning may also be amended as part of this petition. The subject text amendments would apply citywide if adopted by the City Council (Staff contact: Lex Traughber at 801.535.6184 or lex.traughber.r slceov.com) Potential Action Item: this item is not a public hearing; The Planning Commission will hold a discussion and may make a decision regarding this item. Request for specific action by the Planning Commission to stay its decision of March 9,2011 regarding conditional use PLNPCM2011-00037 Regional Athletic Complex Restoration Area -Jordan River Parkway. —Petition area includes 44 acres on the east and west banks of the Jordan River between Redwood Road and the Davis County line. Appeal application CED2011-00001 by Jeff Salt, Coordinator, Jordan River Restoration Network appeals Salt Lake City Planning Commission decision of Conditional Use PLNPCM2011-00037. The filing of an appeal shall not stay the decision of the planning commission pending the outcome of the appeal, unless the Planning Commission takes specific action to stay a decision. The appeal applicant requests the Planning Commission consider staving its decision for approval of Conditional Use PLNPCM2011-00037 during the appeal process. (Staff: Everett Joyce at 801-565-7930 or everett.joyce a;slc.gov.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 ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission.Planning Commission Meetings may be watched live on SLCTV Channel 17;past meetings are recorded and archived, and may be viewed at www.slctv.com Mr. Dansie stated that the important issue was that the City now had an ordinance thaw prohibits the conversion to electronic billboards. Mr. Dansie said that the Planning Commission could look forward to a presentation that would focus more on policy issues rather than give a sample ordinance. The intent was to establish policy and then move forward with an ordinance. Mr. Dansie stated that sufficient data was collected to create a GIS layer of all of Salt Lake City's electronic mapping. He stated that the Planning Division was in the process of verifying the existing sites of all of the billboards in the City. This would provide a parcel number and also would provide a picture of every billboard in the City. Commissioner De Lay asked about freeway signs that are provided by UDOT and wondered if they were considered electronic signs. Mr. Dansie said that by definition, a billboard was something that sold goods or services, not sold on site. Mr. Dansie clarified that the UDOT signs were traffic regulation signs, and that the Planning Department did not regulate traffic signs. 5:57:01 PM PLNPCM2010-00045, Telecommunications Ordinance Amendment - A petition to amend Zoning Ordinance Section 21A.40.090 - Antenna Regulations. The '"""' purpose of the proposal is to bring the Ordinance up-to-date by encouraging the co- location of wireless facilities, clarifying screening requirements for roof mounted antennas, allowing stealth antennas as a permitted use, clarifying where electrical equipment shall be placed on a lot, refining area limitations for wall and roof mounted antennas, removing conditional use requirements for antennas located on non- complying buildings that exceed maximum height, and eliminating optional performance bond language for abandoned facilities. Related provisions of Title 21A - Zoning may also be amended as part of this petition. The subject text amendments would apply citywide if adopted by the City Council (Staff contact: Lex Traughber at 801.535.6184 or lex.traughber@slcgov.com) Chairperson Fife recognized Lex Traughber as staff representative. Lex Traughber introduced Breanne McConkie, intern with the Planning Department. He stated that she had been instrumental in preparing the presentation regarding the Wireless Telecommunications regulations. Ms. McConkie stated that the Telecommunications Ordinance had not been updated since 1995. Since that time, regulations had become quite outdated. The request was initiated by Mayor Becker to amend the Ordinance. Salt Lake Planning Commission Minutes,April 27, 2011 Page 5 The primary objectives were to update the current regulations by encouraging co- location, allowing stealth facilities and to encourage the appropriate location by streamlining the process. Ms. McConkie stated that some of the problems with the existing regulations were: • Co-location was not currently recognized as a permitted use. • Screening requirements could be visually intrusive. • Stealth antennas were limited to flag poles. • Unclear where electronic equipment could and should be located. • Limitations for wall and roof mounted antennas were arbitrary and did not take into consideration building size. • Conditional Use was required to locate on non-complying buildings that exceeded the maximum height limit. The proposal before the Planning Commission addresses co-location. Ms. McConkie stated that co-location required conditional user approval. The proposed changes would add co-location as a permitted use and thus make it possible for a structure that had been approved as a conditional use for a wireless facility, could add additional wireless facilities and would be considered permitted uses as long as they fill the other requirements. Mr. Traughber added that the City wanted to encourage co-location to minimize visual impact. This change would be advantageous to the City. Commissioner Woodhead wondered if too many towers on one location would become problematic. Mr. Traughber responded that even if there were ten antennas located on one spot the visual impact would be reduced more than having them in ten locations. Commissioner Dean asked about the current screening requirements and wondered if there were examples of problems with screening. Ms. McConkie stated that the problem with screening requirements was that the panels themselves are small, but the boxes that surround them are quite large. The screening requirement would only apply to roof tops. Ms. McConkie discussed the next proposed change that would expand the definition of stealth antennas and would include stealth facilities as a permitted use. The way the code was written stealth antennas were limited to flag poles or antennas that were completely enclosed within a structure with no exterior evidence whatsoever. The new expanded definition would include facilities completely disguised as another object or otherwise concealed from view. There was a stipulation that they would have to fit the size and shape of what they are being disguised as, and that they would have to be in concert with their surroundings. Salt Lake Planning Commission Minutes,April 27, 2011 Page 6 • Ms. McConkie added that final determination of Stealth Facilities could be approved by the Planning Director. Ms. McConkie stated that another change would be in regard to electrical equipment. Currently, electrical equipment was only specific to utility poles and would have had to conform to the location requirements for an accessory structure. The proposed changes were for all electrical equipment and would be universal for all wireless facilities electrical equipment and that it would be allowed to be within the buildable area, as long as it was not located on the front yard or front façade between the building and the public right of way. This change would allow electrical equipment to be located next to a building or an antenna structure. Another issue addressed was the maximum coverage. Ms. McConkie stated that the change would modify and refine the area limitation for wall mounted antennas. The current code was 40 square feet per exterior wall, with a maximum of 160 square feet per building. Ms. McConkie stated that the numbers were arbitrary because they did not take into account the building size. The proposed change would be "the lesser of 60 square feet or 5 percent of an exterior wall." The reason was because it could be difficult to measure the exact square footage, where a percentage would be easier to measure from the street view. Ms. McConkie stated that another issue was that the current code allowed an applicant to increase the height of a utility pole by ten feet, but the industry standard had a minimum of ten feet between the utility lines and the proposed wireless facility. The problem was that the industry was not able to locate wireless facilities on utility poles. Staff recommended that adding a structure onto a utility pole should have been encouraged, rather than to build a new mono-pole that would have been specific only to a wireless facility. Staff had found that the City did not regulate pole height, and so it was written in the code, but it was not actually regulated. Ms. McConkie stated that to encourage antennas, they proposed to remove the ten foot replacement pole height restriction and also increase the width from 24 inches to 30 inches for the actual antenna addition. Other changes include: • The removal of the screening requirements, because often the screen was more visually intrusive than the actual panel. • Removing the conditional use for non-complying buildings that exceed that maximum height limit to try and encourage wireless facilities to locate on existing buildings versus to having to build a new structure. • Removal of optional performance bond language. • Addition of approval needed from all governing agencies for facilities trying to locate on City owned property or on property located within an open space zoning district or subject to the City's open space land program. Salt Lake Planning Commission Minutes,April 27, 2011 Page 7 Ms. McConkie stated that it was the staff's opinion that the proposed project generally meets the applicable standards and therefore she recommends that the Planning Commission forwards a favorable recommendation to City Council. Questions from the Commissioners: Commissioner Dean asked about location of electrical equipment and referenced page nine of the staff report. She asked if staff felt that the wording was inclusive enough. Mr. Traughber stated that it was the buildable area, not the side yards and he felt that the language could be changed to make the intent more clear. Commissioner Drown asked about defining electrical equipment, and wanted clarification of what staff was calling electrical equipment and if it only pertained to wireless facilities. Ms. McConkie stated that the electrical equipment referenced was in association with mono-poles. The definition was specific to cell phone towers. Commissioner Dean asked about removal of abandoned poles. Mr. Traughber responded that it would be done on a complaint basis and would use traditional enforcement methods. 6:20:33 PM Open of Public Hearing Seeing no one choosing to speak, Chairperson Fife closed the Public Hearing. Motion: Commissioner De Lay made the motion in regard to PLNPCM2010-00045, Telecommunications Ordinance Amendment — A petition to amend Zoning Ordinance Section 21A.40.090 — Antenna Regulations based on the findings listed in the staff report and the testimony heard this evening, I move that the Planning Commission transmit a favorable recommendation to the City Council. Second by Commissioner Drown. Discussion: Commissioner Woodhead asked if there would be the addition of the amendments made by Commissioner Dean. Commissioner Dean added to clarify language of item 3b with location of electrical equipment and front and side yards. Salt Lake Planning Commission Minutes,April 27, 2011 Page 8 Commssioner De Lay accepted the amendment. Commissioner De Lay made the motion in regard to PLNPCM2010-00045, Telecommunications Ordinance Amendment - A petition to amend Zoning Ordinance Section 21A.40.090 - Antenna Regulations based on the findings listed in the staff report and the testimony heard this evening, I move that the Planning Commission transmit a favorable recommendation to the City Council, with clarification of language of of item 3b with location of electrical equipment and front and side yards. Second by Commissioner Drown 6:21:42 PM Vote: Commissioners Dean, Drown, De Lay, Gallegos, Luke, Wirthlin and Woodhead all voted "aye". The motion passed unanimously. Potential Action Item: this item is not a public hearing; The Planning Commission will hold a discussion and may make a decision regarding this item. Request for specific action by the Planning Commission to stay its decision of March 9, 2011 regarding conditional use PLNPCM2011-00037 Regional Athletic Complex Restoration Area - Jordan River Parkway. - Petition area includes 44 acres on the east and west banks of the Jordan River between Redwood Road and the Davis County line. Appeal application CED2011-00001 by Jeff Salt, Coordinator, Jordan River Restoration Network appeals Salt Lake City Planning Commission decision of Conditional Use PLNPCM2011-00037. The filing of an appeal shall not stay the decision of the planning commission pending the outcome of the appeal, unless the Planning Commission takes specific action to stay a decision. The appeal applicant requests the Planning Commission consider staying its decision for approval of Conditional Use PLNPCM2011-00037 during the appeal process. (Staff: Everett Joyce at 801-565-7930 or everett.joyce@slc.gov.com). Decision: No action taken. 6:40:1.0 Meeting adjourned 01444 Salt Lake Planning Commission Minutes,April 27, 2011 Page 9 Remarks: Petition No: PLNPCM2010-00045 By: Salt Lake City Planning Division Zoning Amendment Date Filed: January 29, 2010 Address: Citywide fL/J'IG/72,4 p D po<fS .,"" =• i N \q.� Petition Initiation - "''i`�'����` Re u est u n, - -- ,,,,T Planning Division Community&Economic Development Department To: Mayor Becker From: Wilf Sommerkorn, Planning Director I✓) Date: January 29, 2010 CC: Frank Gray, Community and Economic Development Director; Mary De La Mare-Schaefer, Community & Economic Development Department Deputy Director; Pat Comarell, Assistant Planning Director; Cheri Coffey, Planning Manager; file Re: Initiate petition relating to installation of cellular towers and antennae. This memo requests that you initiate a petition relating to the installation of cellular antennae and towers. The purpose of the petition is to encourage the appropriate location of these types of antennae and towers by streamlining the approval process and to update the regulations to comply with State and Federal regulations. The project will include analyzing the appropriateness of amending current cellular tower regulations to encourage those requests which include installation where they are not readily visible, co-location of antennae or installation in a stealth manner to have a streamlined approval process rather than requiring conditional use approval. The project will also include analyzing whether a cell tower can be located in a required yard area (such as a rear yard, similar to what is allowed for accessory structures.) As part of the process, the Planning Division will follow the City adoption processes including citizen input and public hearings with the Planning Commission and City Council where applicable. If you have any questions, please contact me. Thank you. Concurrence to initiate the zoning text amendment petition as noted above. IJ dZ/bl / ID Ralph Becker, Mayor Date SCANNED TO:. . i(t,, SCANNED B ' • Page 1 E 9 DATE: /-e) i -/e) SALT LAKE CITY COUNCIL STAFF REPORT DATE: August 9,2011 SUBJECT: Wasatch Hollow Open Space Restoration,Use and Management Plan STAFF REPORT BY: Jennifer Bruno,Deputy Director AFFECTED COUNCIL DISTRICTS: District 6 ADMINISTRATIVE DEPT: AND CONTACT PERSON: Emy Maloutas,Parks and Public Lands Director COUNCIL PROCESS: A. The Administration has presented a resolution and attached plan,for the Council's consideration and adoption. 1. The Council has not historically formally adopted management or use plans for City Open Space,although it has funded the creation of these plans to be used administratively,and in the requesting of CIF funds. 2. The adoption of a restoration and management plan was listed as a criterion for the receipt of reimbursement funds from the County(See Key Element A). 3. The Council formally adopted a use and management plan for Parley's Historic Nature Park,due to an expressed desire to review and approve it,as stated in a previous Council action. B. Public Process Options: 1. No public process is required by City code to adopt this plan. 2. This plan has been reviewed by the Open Space Lands Advisory Board,but has not been reviewed by the Planning Commission,although planning staff did hold an open house. Additionally,as a part of the consultant's creation of the plan,a series of 13 stakeholder meetings were held in the surrounding neighborhoods,including meetings with children in the neighborhood and Uintah Elementary,to identify a vision for the property,and to develop decision making criteria. 3. Public Hearing/Notice-The Council may wish to discuss holding a public hearing, and potentially mailing notice of the proposed plan to surrounding property owners. 4. The Council may wish to establish a policy for how the City reviews and adopts these plans in the future,and whether an official Council action is required. KEY ELEMENTS: A. Wasatch Hollow Open Space (WHOS) is a 10-acre parcel of publicly-owned open space along Emigration Creek,located north and East of 1700 South 1600 East. In 2009,the City spent$1.38 million from the City's Open Space bond to acquire adjacent property and form the current WHOS. The County has agreed to reimburse the City for$425,000 once the City adopts a management and restoration plan,and the conservation deed is given to the County. Once the reimbursement is made the City's contribution to this property will be C $950,000. . Overall Guiding Principle-The stated goal of the City,County,and Utah Open Lands partnering in this property is to"provide stewardship of the Wasatch Hollow Open Space 1 area in a manner that protects native vegetation,water quality and aquatic and terrestrial wildlife habitat of Emigration Creek while providing appropriate access and educational opportunities for the public." The City's consultant has expanded on this guiding principle in their report,and developed the following fundamental goals and objectives: 1. Restore and Protect Emigration Creek Riparian Corridor and open space area by improving water quality,providing habitat for wildlife, and restoring and protecting native vegetation; 2. Establish Clearly Defined Boundaries to Prevent Encroachment and Foster Respect for Public and Private Lands; 3. Provide Controlled Public Access that is informed by ecological goals; 4. Increase Safety by reducing risks on both public and private land; 5. Foster cooperation and collaboration among stakeholders in stewardship of the WHOS to ensure sustainable long term management. C. The City's consultant has authored an extensive Comprehensive Restoration, Use and Management Plan(included in the attached transmittal),with the above stated goal in mind, and after a public input process to identify community values,balanced with best management practices. The Administration has provided the Council a resolution to adopt this document and its recommendations as the official plan for the WHOS. This document contains the following: 1. Documentation of current conditions including natural and cultural resources (pages 1-18 of the plan, summarized graphically in the attached map); 2. Guiding principles for the development of the plan; 3. Detail of public engagement involved in the authoring of the plan(pages 43-44); 4. Recommended implementation and phasing of improvements; 5. A matrix of recommended restoration and management strategies that provide varying degrees of emphasis in preservation, restoration,public access, education, and conservation(see page 24 of the plan or matrix attached to this report),and corresponding Concepts A-E (maps on pages 25-29 and attached to this report). 6. A"Recommended Concept Map" which blends these concepts,analyzes the trade- offs,and attempts to balance all goals (page 34 in the plan and attached to this report). D. The recommended alternative contains the following key elements (see attached map),in general order of recommended phasing. The total estimated cost of these recommendations could range from$660,000-$1,024,000: Recommendation Cost Notes 1 Close and re-vegetate unauthorized $10,000- Staff note-this reduces the network of footpaths. Limit public access solely to $20,000 trails and unauthorized footpaths from authorized footpaths and restrict dogs to the tangled and redundant network of designated areas, on-leash (See dashed- 7,345 feet of paths to a single,4,145 foot red line on map. No dogs would be long footpath,looping in sections. Participants in the facilitated meetings allowed on the trail marked by the nearly unanimously agreed that dashed-yellow line). unrestricted dog access would run counter to restoration goals,expressed by all participants,for the property. 2 Access points would be reduced from six $45,000- This recommendation includes to three (potentially four) $80,000($15- wayfinding signs and informational $20k per transitions. Four access points is location) possible only if parking concerns on Kensington can be addressed. The plan 2 recommends working with residents on this element before making a determination. 3 Establish Bicycle Use Guidelines n/a Bicycle use will be limited only to the proposed on-leash footpaths(red- dashed lines)within the WHOS to allow for bicyclists to traverse the property. Bicycle and BMX activities will be prohibited in the remainder of the park to ensure preservation of footpath and vegetative integrity. 4 Re-establish Riparian floodplain $80,000- Remove artificial fill material and re- $120,000 grade to establish natural floodplain along creek. Focus on central area of Wasatch Hollow so as not to be influenced by backwater effect of culvert downstream. 5 Re-connect Wasatch Hollow Spring (if $10,000- Remove fill material to expose natural feasible) $15,000 spring 6 Establish Restoration Areas-Install $40,000- "Restoration Areas" as identified in the restoration area fencing $60,000 map will need to be prohibited from public access until native vegetation is established(2-5 years) 7 Remove/Control Invasive Species $33,000- The existing conditions section of the (phased), and re-plant native vegetation $45,000 plan goes into detail regarding the numerous invasive and non-native plant species found in the hollow.This recommendation would mitigate that concern and re-establish more native vegetation. 8 Purchase or Accept land donations from $0-$30,000 There are sections of Emigration Creek willing neighbors that meander outside of the WHOS property along the eastern boundary, particularly along the eastern boundary of Wasatch Hollow Park. If the stream were encompassed fully in the WHOS property,this would help alleviate some trespassing concerns by making property boundaries more logical and enforceable. There is approximately 1 acre that fits this category. 9 Establish Clear Property lines $25,000- Approximately 45% of the current $35,000 WHOS property is fenced. The plan recommends fencing or other natural barriers or signage to prevent trespassing. 10 Site Amenities $90,000- Site Amenities could include art, $120,000 benches,and/or signage. 11 Small-scale educational facility (one-room, $200,000- Some members in the community LEED Silver as per City ordinance) $300,000 suggested that a small-scale educational facility would serve the site well. (see black box marked "ED"located in the Natural Area of the Recommended Concept Map) 3 • 12 Raze Abandoned House and Associated $40,000- There is currently an abandoned Infrastructure $80,000 dilapidated house on the WHOS property. The Council approved the Administration's budget amendment request in June 2011 for$50,000 in order to demolish this building. 13 Enhance existing footpaths and develop $30,000- This element would establish a new footpaths $50,000 hierarchy of footpaths-8-10 ft wide for those more heavily traveled,2-3 feet wide for those less traveled. 14 Install new bridge $30,000- This element would connect footpaths $50,000 from the south area of the WHOS to the footpaths in the central area,across Emigration Creek. Salt Lake City currently owns a railroad flat-car bridge that can be re-used at this location for this purpose. The Administration has applied for a grant from the LeRay McCallister Fund to complete this element(City will be notified of decision in late September 2011). 15 Establish Outdoor Classrooms (3) $25,000- These could be designated learning $30,000 spaces to protect vegetation from harm caused by off-trail impromptu gathering. 16 Install Interpretive Signage $30,000- This would serve as an educational $45,000 feature in the park. 17 Stream Cleanup $1,000- This involves organizing a stream $1,500 clean-up event with volunteer labor. 18 Reduce Wildfire Hazards-conduct $1,000- The assessment would be conducted in wildfire hazard assessment/implement $2,500 coordination with the Unified Fire mitigation if necessary Authority. Homeowner education and training could be a component. The Council may wish to ask that the study also be conducted in conjunction with the SLC Fire Department. 19 Coordinate with Rocky Mountain Power The City will coordinate with RMP to relating to management of vegetation ensure that RMP will target non-native near overhead power lines invasive trees below power lines for removal and phase in replacement of native species. E. The City has applied for a grant from the LeRay McAllister fund in the amount of$26,500 to help defray the costs identified above. The grant funds would be used to coordinate and design a pedestrian footbridge to allow for safe access across Emigration Creek, as well as to hire a riparian restoration design/engineering consultant to supply engineering specifications to restore the riparian area and springs. F. As of the printing of this staff report,no other City or outside funds have been identified to help defray the costs of implementing the recommended alternative. The Administration indicates that their intent is to pursue additional grants once the plan is finalized. MATTERS AT ISSUE: 4 A. Dog access-The Recommended Concept Map indicates that dogs will only be allowed on designated areas of the trail,on-leash. Dogs would not be allowed at all on the trail marked by the yellow-dashed line in the Recommended Concept map. They would only be allowed on-leash on the trail marked by the red dashed line. The designated area is predominantly the southern end of the proposed footpath,connecting 1600 East and 1700 East. Currently, many members of the public use the southern section of the open space area for dog activity (both on and off leash). The Council may wish to discuss this matter further, including potential enforcement needs. B. Budget- the restoration plan includes cost estimates for the various components identified in the plan. The plan states that these cost estimates to not include design/engineering costs or future monitoring and maintenance. Future monitoring and maintenance has been identified as a crucial step in other City natural-open-space projects (Jordan River,Parley's Historic Nature Park). a. The Council may wish to ask the Administration to estimate any future budget needs that may result from this project. b. The Council may wish to ask the Administration about which recommended project elements will be requested to be funded in the immediate future. c. The Council may wish to identify recommended project elements that should be addressed earlier rather than later. d. The Council may wish to discuss phasing budgeting for the project in the order recommended by the consultant. C. Educational Facility- The Council may wish to consider the practicality of constructing a City building on this property. While the plan indicates that this building would not be staffed or occupied at all times,it would have to be secured,maintained,and heated/cooled during 011 occupation. It would also need to be ADA accessible. Future maintenance and accessibility costs may be a complication to this component of the recommended plan. lill F , III Existing Conditions 1Iighlights of the Existing Conditions Map • Box Elder:1.24 Acres • Cottonwood:1.31 Acres • Emigration Creek:1935 f eet • Gambel Oak.1.38 Acres • Existing Footpaths:7.345 Feet • Introduced Herbaceous:1.18 Acres • Existing Fence:2.61X1 Feet • Russian Olive:0.39 Acres • Siberian Elm:1.61 Acres �__ ,_ e d - ...IL___ . . ,._. r I) 'IS '-r I ' ..--1:-t-i ' f'^ . . ,.. _. _. .,,- P i'- ',t 4 >r 'l��'� 7 . .. . - - i.. \ .. tr-- `` t �r+ar r r �+ : L ly ?1.' e . ,- i I Y5" i , Wasatch Hollow Open Space r • t _}} * 1 Restoration,Use,&Management Plan Sia r r - - . -. -1,,,.Yr - i �' i st C R S A f ,�r .- s 1 n.� ak .i l‘�r .,, BIO.WEST,Inc "t, o4 c:a : Existing Conditions Map ' _ ,, k�rnt, • or l 1 1 , - r� 4 3 -1--k -�J : - , 1 . 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' 8 p 1 2 77 2 33 e e 5 ., El :lit ) ! jhilli >cf. i1 . 0 ] y ` it i � �� �Q � F � 3 � i i � 3 i I� 1r. z g a Q• Jk x R 3 C c v .� fY 2 S 11 ivil < < < 14 Ii A A R Vi I .g I Z 15 5 0 Ni a) -g-• igaiE 1, t 1= ' al a 2 iti i ,g j I f. 5111 I F a a € Z z Li Q _ , 1 is i A f i s o a C L.) O •_ •J r7 5 ..t O p § = g x 3 J '` 8 g s - x x y g 1 blithl CD c � 1C:•:'; ss��v rauwou3e Nouvxaa wouvwis3a Concept A— Preservation Emphasis • Highlights of Concept A:Preservation Emphasis • Implement aggressive riparian and upland habitat restoration efforts • Re-establish Wasatch Hollow Sprang • Prohibit all public access toh.orth Area and manage for sclenofic research and education nnls • Install restoration fencing along both sides of stream to discourage access • Prohibit dogs and limn public access to`loop"footpaths in Central and South Areas • Obliterate existing noose and re-grade to natural contour, • Lstablish property bourdarfes to prohibit access and encroachments from adjacent properties • Close and re-segetare duplicate footpaths • Implement aggressor Invasive Speclei eradicator efforts • Install inter/lretrve signs(rng on habitat restoration,and nature education - Scqunre property east of stream.and east of Wasatch Hollow Park from willing sellers J- _(Tis —M1_J--_ 1 � — ,: ice• • i I I ±,G ,., } _ '+ , t Wasatch Hollow Open Space > }P _ "'t 'i Restoration,Use.&Management Plan • - J,it fr c • - y } i j i 1 fir '. .J `, no-t�isT.11r•.o t • Concept A Map� V , y. ; - •;A• -.© 1 -fit ! ., _ •: I , !fit `ins Legend II I r 1) t'1 Paarasaccess tnuam N ' i- II -•} tit Pf - ., ! 'T a4. O wat.rh Hceoa ogre sc t Bantry a It-x _y Sol I, B ii -I r Prescriptive O vmewn Hob*Pao%Bavrdary . • 14, ` e.qa,414 fa. IT Menavrnlent Areas NOTE Coveys am.r mr,or: 4. _ 141 r' .1-t sue--1 • ®nam..a,rare... ..lL,�„ -, ['rip g� I., t'SE. Pam..A�.. -. i 4i `lA}I■,'I., W L slat M, ae�,wa. I a zoo ass at roe Figure 6. Wasatch Hollow Open Space Concept A Map. Concept B — Restoration Emphasis . Highlights of Concept B:Restoration Emphasis - Re•estamish Wasatch Hollow wnngiffeasible • Install restoration fencing along both aides&Stzean,no discourage access • Prohibit dogs and limit public access to"loop'footpaths in all areas • Raze existing house but maintain pedestrian and maintenance access • Define property boundaries to prohibit encroachments and discourage trespassing • Establish outdoor dassroom5 for educational uses • Acquire property east or stream and east of Wasatch Hollow Park from willing sellers • (lose and re-vegetate duplicate footpaths • Implement phased invasiw species eradication efforts • Install interpretive signs focu sing on history,habitat restoration.and nature education • Implement riparian and upland habitat restoration efforts u: I_ fin . .. li w .' `r=S ::,!-t + . Sk\ �t ; T _ Wasatch Hollow Open Space i t l I fit t _ r _ i. Restoration.Use.&Management Plan 4 r!,. 1. lL�' - , la i,{ "wl yam.; :. . t� v7M,.. ,m, hr� ariyl. , i I I. ram` Y �A p{ ,o ! ,•r T - as„, •.,->'ti-rtrm, >ww .,,. a - ;(' -�/•*` :�!M c R SA 1 l f w a ••. S v 1..j 4 I I I:. 1:..1 li J I .wBrr III[. ._1 ' f Concept B Map (" s•, © ..p.,.- i Iki' --' ¢.- at1�1 I Legend N II 1 1 _ �rj{ 1 PaMi6e1 Access Canton I� I .is r : -. I(� IM.0P,iJ .d w '. proposed Foot,. alit -Proposed awe. •<! • a e ,L �, - r O Wessldt H obo wen Specs Boundary 7r { s r Fr n.""POve .j'aas.M nobs Pen natMary °'Y S ' I k 9...CI l i000rnnrd� mccc Cann swrc ben.h ►l L- — f1.11 r.' d e.. 'a. • .1% .1'! mi Prows en o mo aad Boo Fe. Figure-. Wasatch Hollow Open Space Concept B Map. Concept C— Public Access Emphasis t nraorct:c,s.,.,_.Rcsrnr1Cn.: ,s_ and`.tdnaic❑l. Highlights of Concept C:Public Access Emphasis • Raze exiting house tint maintain vehicular Ion edocanonal purpovev • Allow for development of LIED certified educational facility and outiloorclaysroonrs in • Allow dogs on.leash only and limit public access to designated footpaths in all areas r.c rrtral Area • Define property'bowwanes to prohibit encroachments and dixourage WC passing • Close and re-vegetate duplicate footpaths • Itoplement annual ovation species eradiation efforts • Install interpretive signs focusing on history of Emigration Creek,pioneer culture.habitat • implement npacan and upland habitat restoration efforts restoration,and nature education • Install restoration fence where necessary to discourage access to sensitive areas • • 1 ' . t i, lX 1_ ,� J, .. • ii, a* py s g - ', E' _.J-f_ -j4! I.t ,�i 4 , I: lilt '!Itit_ 8 I ate{ `t . i - ' # J I a_• 'l 1_�t, i r -' } Wasatch Hollow Open Space yy Restoration.Use.&Management Plan .._c_,:. - nI, C an+: ' / at j1 �/ 1q� I r { oe "' .y, M. ` 1aj.. •1 1 r .�1 C R rJ n WI_C L /l _';" J. \ •r •, no•wcsy.tic. • • • o , Le Concept C Map a t �, 1 f+r ► II,, �;•• .•n A--;1-rIr �{` _ a ilr Legend N [1OIP ".. PatmwArceas taco«. ._ —Emigre ,creak r i -'f- t. Y Reposed Fang.. T.. kit, —rimed,• _ , wine On i t� — , �-ft .::-_� _1111h— ' L _ O navara Nolo.ono,Space bard n -arP .n�+ {.17ti 1 Pr .-._Wasatch Hato.Pad Bootmon a -• 'tr. i oscrtptive - - 4�l , -l I , Ltatagoewrw n ews, NOTE:C a are al S intervals l -.` --4---L �►��+tp- J.: 7) Resmraear Area fi"C jl. aka+. 'a r 5. .�j ` -, f i 1-I� f 1.!...11 L Haaral Area i 0 MI , 1p0 ' ' ' B00 rm. I I Figure 3. Wasatch Hollow Open Space Concept C Map. III Concept D —Conservation Emphasis • -- Highlights of Concept 0:Conservation Emphasis • Acquire properts east of stream and cast of Wasatch Hollow Park from willing sellers • Implement aggressive riparian and upland habitat restoration efforts • Prohibit all public access to North Area and manage fur scientific research and education on Is • Reestablish Wasatch Hollow Soring if feasible • Prohibit dogs and limit public access to loop"footpath,,Central Area • Install restoration fencing along both sides ofstrearil to discourage access • Allow dogs ondeash oak and limit public access to designated footpaths in South Area • Raze existing house but maintain pedestrian and maintenance access • Dealt property boundaries to prohlbit encroachments and discourage trespassing • L>tabl oh outdoor classrooms foe educational uses • Implement aggression h>sasise species enlfication efforts in North Area • (Jose and re-vegetate duplicate footpaths • Implement phased invasive species eradication efforts in Central Area • Install interpretive signs focusing on history of Emigration Creek.pioneer cumtre,habitat • Implement annual invasive species eradication efforts in South Area restoration.and nature education tE a'� • N, g` !_ I l-- I a ' t I A I f. I. _ - • , u_. .�....00 _- •r �. !1 ; .:� -.:� . -� I -_� . •l • j , . 1 j 's f sit, .1 . r :3 ,. +_— �x ° sI. t I p 11 ! • Wasatch Hollow Open Space i f., _ I g ` ' ii• • :11 Restoration,Use.&Management Plan il' nee. ti .'i .�1►. 1 i 1 �f 2sk CRSA rii Y) ��� -7e'. 't .-_. .v a l r „�1+�. 'dam ( 1 tM f 1110•VEST.Inc. "�T,,�1 • — o '--7. . Concept D Map i .. ' � nt • Ir . Legend s� y • IV. 4, 1 ..La'\ t n'•• .f] J p x -*,.. _1 1. Pan ims Ames Inca.,, f �l ` a .�__ r t , mi 1 t% t.1 ,,i- -- �r f . gi_�. rt f• ptasapu� _Ropuseq Presever-oopan y Progn lanave y Yn agatnnr A pas VIM Ose.tt va edow. Space Open Bandar . p s-ftemraem Area ii Muse,.sot Pars Barclay aalllair� _ ^,� {{{ I.ntaeci.on Arms NOTE:[nears are is .savan I .j A.. { QNavd Nee ..u. a 1't ' .Y a� °,"!e3'--''1 I 1 ip.-1.'' I i�._.ra�i.e ae.___.Atee_ a z°° . . . Boo Fee Figure 9. Wasatch Hollow Open Space Concept D Map. e Concept E— Education Emphasis • Highlights of Concept E:Education Emphasis • Implement riparian and upland habitat restoration efforts • Reestablish Wasatch Hollow Spring iffeasible • Prohibit all public accees to North Area and manage scientific research and education only • Install restoration fencing aloof both sines of stream to discourage access • Prohibit dogs and tnnrtpWlic access to loop'footpath in Central Area • Raze evicting house but maintain pedestrian and maintenance access • Allow dogs on-leash only and limit public access to designated footpaths in South Area • Allow for dnwlopment of LCLO certified educational facility and outdoor classrooms in South "; _ • Define propem boundaries to prnhil.rt encroachments and discourage trespassing Area • Implement aggressive invasive species eradication efforts in North Area • Close and re-vegetate duplicate footpaths • Implement phased invasive specieseradication efforts in Central and South Areas • Install interpretive signs focusing on history of Emigration Creek,pioneer culture,habitat • Acquire property east of stream and east of Wasatch Hollow Park from willing sellers restoration.and nature education as {l 1-= la► `'• .. .. - , 1�d f ^I_ 4I -br \' Lf.t ,, . . t —• Wasatch Hollow Open Space • i �.. _ Restoration,Use,&Management Plan tip• 44< C h - t� ri k, g _ �11 f ,� ,_ . ,� .. k t~ , �- CRsn r k , � j .y.. 0 ', Z\ .. Concept E Map l I r i-1 aLegend e !i-y A' t•F-�© t. •§ 1-1 L tL .,..7.it 1 t i L.." I Paaox Access lxrm N } `{I s. -e. g oil I lit}�1I * E,r. o,Creek Ih _.. --'e-. ._ tee^'• : ( ±FI a rwl t.2� a..Pao WF b .1.. _ + Proscriptive Preserve Footing, f . .. kinon9PMent Are. Pro posed&Pi e L T-- O Wamrd.Hab[loot Soave awhdal 7-1 twfmRgaaum Ama �t r k. gl ` t ti [�Preserve Ares Wasatch taaoa Part aa.a+dars' r! 1 ly I }. .1 t -+,- 1. Praecwn Mev NOTE:Camara me n T revels_, - Y Area N al . ~ ....1. .I at/ — 1 r .__rI.{! .I�' L W t; ,�o,Passive H-reaam Area. p � � 000 Feet I I figure 10. Wasatch Hollow Open Space Concept E Map. 14l/ . M, 1 7 ;:Lli SCANNED TO: SCANNED BY: SLC COUNCIL OFFICE DATE: 3 j-?/t RICHARD GRAHAM ►✓ ` ^` �� T�1 ..� VM � cam PUBLIC SERVICES DIRECTOR DEPARTMENT OF PUBLIC SERVICES DIRECTORS OFFICE MAR 0 3 201J CITY COUNCIL TRANSMITTAL Salt Lake City iviayor Date Received: t71261/ David veritt, _ief of Staff Date sent to Council: I TO: Jill Remington Love, Chair DATE: March 1, 2011 Salt Lake City Council FROM: Public Services, Parks and Public Lands Division SUBJECT: Wasatch Hollow Open Space Restoration, Use and Management Plan STAFF CONTACT: Emy Maloutas 972-7804 Open Space Lands Program Manager Rick Graham 535-7774 `/ Public Services Director RECOMMENDATION: Adopt the Wasatch Hollow Open Space Restoration, Use and Management Plan. BUDGET IMPACT: TBD DISCUSSION: Wasatch Hollow Open Space (WHOS)is a 10-acre open space along Emigration Creek. Salt Lake City, in cooperation with Utah Open Lands and Salt Lake County, has partnered on acquisition and developed an adaptive restoration, use and management plan that will ensure the following goal; stewardship of the Wasatch Hollow Open Space area in a manner that protects native vegetation, water quality and aquatic and terrestrial wildlife habitat of Emigration Creek while providing appropriate access and educational opportunities for the public. The City solicited citizen input through a structured decision making process to gather articulated opportunities and issues of concern held by citizens, adjacent property owners and community organizations. Community values were interpreted through carefully organized analysis to create multiple management strategies and conceptual alternatives that are focused on achieving the overarching goals stated above. The proposed Comprehensive Restoration, Use and Management Plan has been prepared by a consultant for the Open Space Lands Program, who based these recommendations on public input,professional judgment, best management practices and criteria identified below: 1. Scientific study of available water quality data, riparian corridor conditions, wetlands, LOCATION: 451 SOUTH STATE STREET, ROOM 138 SALT LAKE CITY, UTAH 841 1 1-31 04 MAILING ADDRESS: PO BOX 145469, SALT LAKE CITY, UTAH 841 14-5469 TELEPHONE: 801-535-7775 FAX: 801-535-7963 W W W.BLCOO V.COM . wildlife, vegetation and weeds, soils, cultural features, and observations of recreation behavior. 2. Review and compliance with existing City, County, State and federal policies, 3. Best management practices for protecting, restoring and maintaining open space areas. Alternatives were reviewed in public meetings and refined based on input and an analysis of trade-offs. Through this process a final recommendation has been developed. DETAILS OF RECOMMENDED ALTERNATIVE: • Implement phased invasive species eradication efforts in all areas • Implement riparian and upland habitat restoration efforts • Define property boundaries to prohibit encroachments and discourage trespassing • Limit public access to designated footpaths in all areas • Close and re-vegetate unauthorized footpaths • Re-establish Wasatch Hollow Spring if feasible • Install restoration fencing along both sides of the riparian corridor to discourage access • Work with residents on Kensington Street to address parking issues before considering designating this as a pedestrian access location • Raze existing house and remove associated infrastructure, but maintain pedestrian and maintenance access • Prohibit dogs except on designated on-leash footpaths • Allow for future development of a LEED certified educational facility • Establish outdoor classrooms for educational uses • Acquire property east of stream and east of Wasatch Hollow Park from willing sellers • Install interpretive signs focusing on history of Emigration Creek,pioneer culture, habitat restoration, and nature education • Conduct a wildfire hazard assessment and implement appropriate mitigation measures PUBLIC PROCESS: Following the extensive opportunities for public input the Administration is forwarding the WHOS Plan to Salt Lake City Council for consideration and adoption. Listed below are the meetings that took place: 7/29/2009 Introduction of the WHOS Planning Process 8/31/2009 Stewardship Training Program 10/10/2009 Wasatch Hollow Open Space Community Cleanup 1/19/2010 3 Strategic Decision Making Process Meetings 1/20/2010 4 Strategic Decision Making Process Meetings 1/21/2010 2 Strategic Decision Making Process Meetings 1/22/2010 Strategic Decision Making Process Meeting 1/26/2010 Strategic Decision Making Process Meeting 2/22/2010 Kids Meeting to Identify Vision 4/20/2010 Potential Management Alternatives Presentation 4/23/2010 Uintah Elementary School Presentation 5/6/2010 First Review of Conceptual Management Alternative Drafts 6/22/2010 Second Review of Conceptual Management Alternative Drafts' 9/16/2010 Presentation of Draft Restoration, Use and Management Plan 10/21/2010 Planning Open House NEXT STEPS: Both the Open Space Program and adjacent neighbors request approval to expedite razing the existing house and other existing infrastructure within this open space. The Program has requested $50,000 in a budget amendment for this work. City staff has explored and would recommend considering the demolition be done in partnership with the Division of Sustainability to create a model for salvage of materials and reusable items. The demo should be planned to protect the garage and large covered carport for future use for volunteer events and staging of equipment for restoration and future on-site projects. RESOLUTION NO. 2011 (Adopting the Restoration, Use and Management Plan for Wasatch Hollow Open Space) A resolution adopting the Restoration, Use and Management Plan for Wasatch Hollow Open Space. WHEREAS, Wasatch Hollow Open Space (the "Open Space") is a ten acre open space area located along Emigration Creek that is used by city and county residents for a variety of nature-related and recreational purposes; and WHEREAS, the Open Space is owned by Salt Lake City, and is located within Salt Lake City boundaries; and WHEREAS, the Plan addresses a multitude of land use issues, including: recommendations on long-term conservation opportunities,protection of wildlife habitat and environmentally sensitive areas, protection and restoration of the riparian area, remediation and clean-up of noxious weeds and debris, identification of access and use areas in the Open Space, management and enforcement solutions, and recognition that the Open Space has multiple public benefits; and WHEREAS, the Plan will utilize an adaptive management approach to making decisions and changing management actions to adapt to future conditions; and WHEREAS, the City has hired a consultant to work with City staff, with public input from stakeholders, open space advocates and adjacent property owners, to prepare the Plan; and WHEREAS, the City Council finds that the Plan is in the best interest of the City and community residents; and NOW, THEREFORE, be it resolved by the City Council of Salt Lake City, Utah, as follows: , SECTION 1. The Restoration, Use and Management Plan for Wasatch Hollow Open Space, a copy of which is attached hereto, shall be and hereby is adopted. SECTION 2. Effective Date. This resolution shall become effective upon publication. Passed by the City Council of Salt Lake City, Utah, this day of 2011. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER APPROVED AS TO FORM: Adomok SENIOR SALT LAKE ITY ATTORNEY HB_ATTY-#1 71 1 7-v2-Resol ution_adopting_Wasatch_Hollow_Open_Space_Use_and_Management_Plan_2011.DOC i -,-4.i,4,,,, ' . , . . t.- CU �` Iq ■ N -r ,, ' , _ 0 4 t _ p• 0 CM M. o CD - , 4 � .: - 1/11„ y I• Lawman 7---t l.■r= �l '• r It 1 1 i'- / _ - • - '�a l .iw� T- - M / t ' .. ' - _ ` , .4C '- - r . J- 1 • , _. c - - -i t'� Y} p L .0.1.., ■R �:,. _ of Acknowledgments Salt Lake City Mayor Ralph Becker Salt Lake City Staff Emy Maloutas,Open Space Lands Program Manager Brandon Fleming,Open Space Lands Program Analyst Vicki Bennett,Division of Sustainability and the Environment Director Rick Graham,Public Services Director Salt Lake County Julie Peck-Dabling,Open Space Program Manager Utah Open Lands Wendy Fisher,Executive Director Arthur Morris,Ecologist Prepared for Salt Lake City Corporation, Open Space Lands Advisory Board Open Space Lands Program iv y Brad Bartholomew Parks and Public Land Division Lydia Berggren Public Services Department Sharen Hauri 451 South State Street,Room 148 Kyle LaMalfa Salt Lake City,Utah 84111 Donna Maldonado Benjamin Jordan Prepared by Eric McCulley BIO-WEST,Inc. 1063 West 1400 North 14C111111kiikA. Logan,Utah 84321 BIO-WEST,Inc. 435-752-4202 www.bio-west.com CRSA 649 E South Temple CRSA Salt Lake City,Utah 84102 801-355-5915 www.crsa-usa.com • • S Comprehensive Restoration,Use,and Management P 1 Spectrum of Conceptual Management Alternatives 23 Table o f Cotent7 Management Strategies that are Common Contents to All Conceptual Management Alternatives 30 Management Strategies that May Vary Introduction 1 between Conceptual Management Alternatives 32 Recommended Comprehensive Restoration,Use, and Management Plan 33 Existing Conditions 4 Natural Resources 4 Management Strategies 35 Geology and Soils 4 Adaptive Management 35 - Hydrology 6 Applicable Plans and Policies 35 Water Quality 6 Summary of Adaptive Management Strategies 36 Stream Channel Conditions 7 Crime Prevention Through Environmental Vegetation 8 Design(CPTED) 42 Fish and Wildlife 9 Natural Surveillance 42 Cultural Resources 9 Natural Access Control 42 Visitor Experiences 10 Natural Territorial Reinforcement 42 Potential Access Locations 10 Built and Natural Amenities 13 Active and Passive Recreational Opportunities 14 Public Involvement and Input 43 Structured Decision-Making Process 43 Guiding Principles 15 Stakeholder Meetings 44 Wasatch Hollow Open Space Goals and Objectives 15 Public Workshops 44 Planning Constraints 15 Conservation Easement 16 Implementation and Phasing 45 Eliminate Unauthorized Footpaths 45 Decision Making 17 Develop Access Locations 45 Criteria for Conceptual Re-establish Riparian Floodplain 46 Management Evaluating Alternatives 17 Re-connect Wasatch Hollow Spring 46 Other Considerations 18 Install Restoration Area Fencing 46 Invasive Species Removal and Control 46 Re plant and Restore Vegetation 47 Comprehensive Use Planning 21 Purchase or Accept Land Donations Open Space Management 21 from Willing Neighbors 47 Prescriptive Management Area Designations 21 Establish Clear Property Boundary Lines 47 • CO • ii Wasa[ch Hollow Open Space Site Amenities 48 Figure 3. Wasatch Hollow Open Space Existing One-Room Educational Facility 48 Conditions Map 5 Remove Abandoned House and Associated Figure 4. Monthly flows at Salt Lake County's gauge Infrastructure 48 at Rotary Glen Park 6 Develop New Footpaths 48 Figure 5. Surveyed stream channel cross section plots Install New Bridge 49 illustrating the variability in channel shape Establish Outdoor Classrooms 49 within the WHOS property. 7 Install Interpretive Signage 49 Figure 6. Wasatch Hollow Open Space Concept A Map 25 Stream Cleanup 49 Figure 7. Wasatch Hollow Open Space Concept B Map 26 Reduce Wildfire Hazards 50 Figure 8. Wasatch Hollow Open Space Concept C Map 27 Coordinate with Rocky Mountain Power 50 Figure 9. Wasatch Hollow Open Space Concept D Map. 28 Bycicle Usage 50 Figure 10. Wasatch Hollow Open Space Concept E Map 29 Figure 11. Wasatch Hollow Open Space Recommended References Cited 52 Concept Map 34 Appendix A Structured Decision-Making Report Appendix B Baseline Documentation Report Usto>:ram Table I. Summary Comparison of WHOS Comprehensive Restoration,Use,and Management Plan Alternatives. 24 Table 2. Summary of Adaptive Management Strategies for the WHOS Comprehensive Restoration,Use, and Management Plan 37 Table 3. Summary of Public and Agency Outreach and Involvement. 43 List of Figures Figure I. Wasatch Hollow Open Space Study Area Map 2 Figure 2. Wasatch Hollow Open Space Planning Process 3 • • • (oi iprclieiv,ivc R Introductiof The Wasatch Hollow Open Space(WHOS)is an approximately 10-acre undeveloped open space located along Emigration Creek within Salt Lake City between 1600 East Street and 1800 East Street and between 1700 South Street and Harrison Avenue (Figure 1). The WHOS property encompasses several parcels of land that were acquired in segments over a period of several years through both acquisition and donation. These lands will be protected through conservation easements which will identify conservation values to be protected,including scenic, historic,ecological,wildlife,and public education and use,while preventing commercial or residential development. The purpose of this Comprehensive Restoration,Use,and Management Plan is to provide stewardship of the WHOS area in a manner The WHOS planning process was completed in five stages over that protects native vegetation,water quality,and aquatic and an approximate 12-month period. Major steps in the planning terrestrial wildlife habitat of Emigration Creek while providing process are described below and shown on Figure 2. appropriate access and educational opportunities for the public. Structured Decision Making Process: facilitated a For planning purposes,the WHOS property has been divided deliberative,structured decision process to accurately into three segments:(1)North Area,(2)Central Area,and(3) identify stakeholder values and objectives to help ensure South Area(see Figure I). The North Area is approximately 3.9 that both near-term and long-term management reflects these acres in size and primarily encompasses the property donated by values and objectives. the Church of Jesus Christ of Latter-day Saints(LDS Church) and the northern portion of the 1700 East Street easement. The • Existing Conditions Inventory: inventoried existing Central Area is approximately 2.5 acres in size and includes the resource conditions at the site using scientific and expert properties acquired using Salt Lake City and Salt Lake County personnel and a review of existing decisions,policies,and Open Space Program funds and the central portion of the 1700 practices that have helped to shape the evolution of the East Street easement. The South Area is approximately 3.2 WHOS property. acres in size and includes an undeveloped portion of the original Wasatch Hollow Park and the south portion of the 1700 East • Conceptual Alternative Plans Analysis: developed Street easement. alternative concept plans using defined management • Q 0 Highlights of the Study Area Map • Potential/Existing Access location 1:Wasatch Hollow Park North • Potential/Existing Access Location 2:Wasatch Hollow Park East • North Area:3.9 Acres • PotentiaVExisting Access Location 3:1700 East Street/Logan Street • Central Area:2.5 Acres • PotentiaVExisting Access Location 4:Kensington Street • South Area:3.2 Acres • PotentiaVExisting Access Location 5:Emerson Street • Wasatch Hollow Park:3.5 Acres • PotentiaVExisting Access Location 6:LDS Church Property • Wasatch Hollow Open Space:9.6 Acres ''/•• ','L.lia I r 1 '•`art • t II ' or . , ♦4 •!. I x la, Ip t! . t 1 -m s 1 °o _ ■ • 1 1.1 I ti� 11 t y ,. ,\ t �31L Wasatch Hollow Open Space T-L. tk Restoration,Use,Si Management Plan /l ..��?•• I 1 �tr�, L ,. • ... ' H ly� 9' w t >. CR SA t 1- J. '''-' ,' ' 1 t 4., .• L� Study Area Map b ' 16141 � 4 •' t 2 © � . I_ n t - �~� Legend tertai E.smg Accesstowwn N L1 ;� 4 eal Em�grato„creek -•, f •�r " . W ie�`�u cy• l� O Wasatch Hollow Open Space Boundary -i•l* 2,,.� ITS i -.r�4� '! I ill • ! 1'11 '• Wasatch Hollow Pent Bw de9 North Ares IlL 'i^• `�i,41 04 `` central Ana 4,1 t], y �� ' - 1 T -Sceh Area • 't AN �� c1.l"' '- - J i--- ya L��•— J 14 /- ®Wasatch Hollow Park • .t_•' 17nnsomn ' Y• _ 1 1 T - 1 `�1i0_So�•. - - d ,'t.-L 1 I_J J --I F�.1....v i 0 200 400 t ter Feet Figure 1. Wasatch Hollow Open Space Study Area Map II • 4111 Comprehensive Restoration.Use,and Management Plan 3 prescriptions and analyzed how each alternative achieved the desired resource protection priorities and stated management ir ' $tea objectives. • Management Strategies Development: developed guidelines ----011111Pir for management,maintenance,and monitoring of the WHOS property that highlights best management practices and site specific strategies. A '* s • Implementation Plan Creation: created an action plan of - recommended capital improvement projects,maintenance y priorities,and research needs to achieve the stated goals and objectives. 1 --_ hieetim Following public review and comment on the WHOS Draft 1 0 Comprehensive Restoration,Use,and Management Plan, N, i a.— i the recommended plan will be forwarded to Salt Lake City 1 r Administration for consideration. An implementation plan and associated cost estimate will be drafted after the administrative •-- d i review,revision,and approval process. This document is ' --► Opm.Spor Access �-- ^° I considered a draft until stakeholders,the public,and city a•. Resources j Meeting I I administration complete their review and input on the plan. sa v au.aanrs g i 0' �w i Restoration,Use / and Management *ea MI • Man ~ aawoam / 1 `M r Open Space uow MI..--► mat � '°""r°'.r "°"''"e i"�ae — crycw,e Planning Process Figure 2. Wasatch Hollow Open Space Planning Process 0 • Wasatch Hollow Open Space vital habitat for nearly 80%of mammal and bird species in Existing C o n d i t i o nis the western United States(Krueper 1993). The importance of Emigration Creek and other above-ground stream corridors in Salt Lake City is amplified due to their proximity to the Great The WHOS portion of the Emigration Creek riparian corridor is Salt Lake,an ecosystem of hemispheric significance in terms of environmentally valuable as an unusually large and contiguous providing resting,nesting and staging habitat for migratory bird section of riparian corridor with significant remnants of natural populations. stream conditions and native plant communities(Morris 2007). Much of the Emigration Creek riparian corridor both upstream Geology and Soils and downstream from the WHOS property has been fragmented by settlement and urbanization over the last 150 years. The Within the North Area and part of the Central Area of the WHOS property is unique for its large size,remaining natural WHOS property,Emigration Creek is mapped as flowing habitats,and proximity to adjacent residential neighborhoods through Holocene-age alluvium. Within the South Area and and schools(e.g.,Westminster College,Highland High School, the remaining part of the Central Area,the stream is mapped Clayton Middle School,and Uintah Elementary School). as flowing through artificial fill material(Utah and Wyoming 1990). The WHOS property is bordered by Pleistocene-age Lake The WHOS property is home to a diverse assemblage of Bonneville deposits that consist primarily of sand and gravel native wildlife and vegetation,important water resources,and material to the west of the property and silt and clay material recreational opportunities. Used by hikers,dog walkers,and to the east. Streambank soil material within the upstream half wildlife enthusiasts today,the WHOS property has also played a of the WHOS property includes a significant amount of coarser significant role in the settlement history of the Salt Lake Valley. gravel and some cobble material,while streambank material This section provides a summary of the many resources that generally consists of finer-grained sand and silt within the make the WHOS property so unique. downstream portion of the property(BIO-WEST 2010). Within the South Area,the streambanks are subject to inundation and Natu ra I Resources deposition of fine-grained sediments due to the backwater effect of the culvert inlet located at the downstream end of the property. This culvert regularly clogs during high flow conditions,and The WHOS property includes Emigration Creek,its riparian the portion of the stream within the South Area is intended to corridor,and adjacent uplands. Much of the property's serve as a flood control facility that traps sediment and reduces ecological value is associated with its unique free-flowing downstream flow velocities. The large number of user-created stream channel and riparian corridor. Riparian areas occupy footpaths within the WHOS property(Figure 3)also impacts soil only a small portion(less than 3%)of the land area in Utah condition and quality. (USU 2003)and comprise only 1.2%of the land area of Salt Lake City. Despite their small size,riparian zones provide • • • Comprehensive Restoration,Use,and Management Plan Highlights of the Existing Conditions Map • Box Elder:1.24 Acres • Cottonwood:1.31 Acres • Emigration Creek:1,935 Feet • Garnbel Oak:1.38 Acres • Existing Footpaths:7,345 Feet • Introduced Herbaceous:1.18 Acres • Existing Fence:2,600 Feet • Russian Olive:0.39 Acres • Siberian Elm:1.61 Acres `- _ • . ' it, . ._ -,..., , - r 1 . .. . 1. i! _ t;* i ( t„ �1 Wasatch Hollow Open Space 0 \ r� :J Restoration,Use.&Management Plan I r ,o t ' 11 O.u1. I '? • CRSA �1 �J f^+ • \, i-_��, .l :. jii s��-T-� ttbwEST,inc. • i o , .,� Existing Conditions Map N. ifi `i 1. :' , t i. - Y I © J 4. 3 Y—,--i _-1 Y-L- Legend N ii1 Yr + {— ® Poten-I I Fasting Access Locatun i1 : —Emig Creek 4. Dominant Canopy species, Ex..,F IPams - � '+� ■ V gelation Type Ei Bong Fence 31 �4,1 e I. '"• _ BOX Darrow.fi I Wa t�Hollow open space Boundary 5 JWasatch Hollow Park Boundary 'S.- 4411 :` i-, n in,— ears 0 NOTE:Contours are at 3' mrvals EN Ronson Okve ; .... - -SWain EIn t 0 200 100 800 Feet 0 1. Figure 3. Wasatch Hollow Open Space Existing Conditions Map 0 6 Wasatch Hollow Open Space Hydrology 1st,on average(SLCO 2009). Average annual high flow is 55 cubic feet per second(cfs)with typical base flows near 2.5 cfs. Base flows within Wasatch Hollow may be supplemented by Emigration Creek has its headwaters at the top of Emigration inputs from natural springs. Canyon and has a total drainage area of 15,370 acres. The WHOS property is located in the Lower Emigration Creek With no streamflow gauge located closer to the WHOS property, subwatershed,which is classified by Salt Lake County as a no quantitative data are available to characterize hydrology after "perennial-reduced"stream,indicating that flows are artificially the stream flows through the urbanized areas between Rotary reduced by stream diversions(SLCO 2009). Emigration Creek's Glen Park and the subject property. Storm events generally hydrology is characterized by a distinct springtime peak typical affect stream flows differently in urban areas than in natural of snowmelt-driven systems(Figure 4). Salt Lake County areas. In the upper,more natural,portions of Emigration operates a streamflow gauge at Rotary Glen Park at the mouth Creek storm events result in slower,more gradual changes in of Emigration Canyon,approximately 3.5 miles upstream of the stream flow volume. However,with a proportional increase in subject property. Based on analysis of flow data collected at this impervious surfaces such as roads,parking lots and buildings, gauge from 1980-2005,average monthly flow is highest in May urban stream segments respond more quickly to storm events and peak daily flow occurs on May and experience more rapid,`flashy'increases in flow volume. Field observations of Emigration Creek near the Wasatch Hollow Emigration Creek average Montllly glgal indicate that the creek does experience this"flashy"hydrologic a, response during storm events. No significant water storage reservoirs are present on Emigration Creek but sediments that would normally supply the valley portions of the creek are intercepted by the Emigration Creek 's- debris basin located in Rotary Glen Park. Originally constructed 10 in 1985,the debris basin is maintained by the county. The basin $ traps the bulk of coarse sediment loads and requires dredging g ea . m m • about every two years. / +/ off/ ' s : s r / — — Water Quality Figure 4. Monthly flows at Salt Lake County's gauge at Rotary Glen Park. The subject property is located on the portion of Emigration Creek below Foothill Drive. In this segment,the creek is assigned the default beneficial use classifications of 2B (secondary contact recreation)and 3D(waterfowl/shorebird • • • Comprehensive Restoration,Use,and Management Plan protection)by the Utah Division of Water Quality(DWQ). The Lower liolgollon Goal 1t..a>k Cm.e.son DWQ has listed a segment of Emigration Creek above Foothill p1.n..»e el wwSP*P.0» Drive as impaired for E.coil bacterial contamination(DWQ +oe 2006). Residential septic systems in the upper subwatershed ,a are most likely a significant contributing source of E.coil to the stream(SLCO 2009). °' Below Foothill Drive,the stream is not listed by DWQ as exceeding state standards for any specific water quality 1 constituents at this time. However,no established DWQ water quality monitoring stations are present on Emigration Creek °t -- •rs downstream from Rotary Glen Park,and the creek is subject to 92 - - a variety of potential nonpoint contamination sources. These 90 include urban runoff,hydrologic modification,habitat alteration, ° 5 10 ,5 20 x 30 95 a .5 50 Oslro.own LEP b REP(I.rl construction runoff and managed golf courses and parks(SLCO 2009). Lower Emgneon Creek bwB 10 Q.aa 5.c0.n fin COMM Area or WNo!properly) Stream Channel Conditions 99 9. After Lake Bonneville receded approximately 16,000 years ago, 92 it left a series of old shoreline deposits that now form prominent "benches"along the edges of Salt Lake Valley. To reach its modem base level at the Jordan River,Emigration Creek had BB to carve through these deposits. In part because of the natural ee geologic history,stream gradient tends to be relatively steep,and the creek is typically entrenched between tall slopes that extend up to the Bonneville bench levels. Human-induced alterations —4,414iiOirrra such as fill placement,channel straightening,and erosive flows B0 -50 a5 .0 a5 a0 -25 -20 -15 -10 -5 0 associated with urbanization have further contributed to the OYrs tom LEPb PEP Owl entrenched shape of the channel. Figure 5. Surveyed stream channel cross section plots Within the WHOS property,wetted channel width ranges illustrating the variability in channel shape within the WHOS from about 7 to 10 feet at low flow and from about 15 to 26 property. feet at high flow(Figure 5). Gradient is about 1 to 2%. Flat, CO 0 O Wasatch Hollow Open Space hydraulically-connected floodplain surfaces and depositional bars are occasionally present,but in some areas are limited by naturally steep banks as well as fill material on the west bank in portions of the Central and South Areas. Channel substrate in dominated by gravel-sized particles,with some cobble also present in riffles and finer sand and silt present in slower-velocity areas. Within much of the North Area,streambed material and bank shape are influenced by a clay shelf/root mat feature(BIO- WEST 2010). High amounts of bank erosion are evident within the WHOS property. Vegetation Within the North Area,box elder is the dominant near-stream tree species,with Gambel oak forest and introduced herbaceous vegetation comprising the majority of the upland plant communities(Figure 2). Within the Central Area,Russian olive 20%in the North Area and consists primarily of non-native reed (an invasive non-native species)forms the dominant near-stream canarygrass,while near-stream understory is lacking within the canopy species and Siberian elm(also an invasive non-native Central and South Areas. Streambank understory vegetation species)is the dominant tree within upland areas west of the is likely impacted by compaction from foot traffic and by silt stream. In the South Area,Siberian elm remains the dominant deposition associated with the backwater/sediment deposition upland tree species to the west of the stream,while upland areas effect from the downstream culvert. to the east primarily consist of introduced herbaceous vegetation (BIO-WEST 2010). Near-stream canopy vegetation in the South The habitat value of the existing vegetation within the WHOS Area is dominated by cottonwood,with box elder and crack property is reduced due to the high proportion of invasive willow also present. weed species present. Within the property,the upland areas surrounding the immediate stream corridor generally have Near-stream shrub cover is generally good(between 26-75%) weed species classifications of"high"or"majority",indicating within the North Area and the upstream half of the Central Area. a percent weed cover of greater than 25%(BIO-WEST 2010). Common species include twinberry,honeysuckle and red-osier A total of 13 different invasive species listed on State or City dogwood. Within the South Area and the downstream half of noxious weed lists are present within the property including: the Central Area,near-stream shrub cover is only about 10% Dalmatian toadflax,field bindweed,jointed goatgrass,lesser and consists primarily of twinberry honeysuckle. Near-stream burdock,Scotch cottonthistle,whitetop,houndstongue,Myrtle understory cover follows a similar spatial pattern. Cover is about spurge,puncture vine,quackgrass,Siberian elm,Russian olive. • • • Comprehensive Restoration.Use,and Management Plan 9 Fish and Wildlife Cultural Resources Quantitative data on fish and wildlife populations within the Wasatch Hollow formed as the waters of Emigration Creek urban portion of Emigration Creek are limited. However, eroded alluvial fill from the mouth of Emigration Canyon populations of Bonneville cutthroat trout(Oncorhynchus clarki through the Salt Lake Valley. When the Mormon pioneers Utah)and introduced rainbow trout(Oncorhynchus mykiss) entered the Salt Lake Valley,they reported that Emigration Creek are known to be present within upstream portions of the creek. was flowing in a steep-sided ravine that gradually moderated During riparian corridor studies conducted in 2008,trout(species further west in the valley(Morris 2007). Wagons of the first unknown)were observed in a pool at the outlet of the culvert group of pioneers of the LDS Church followed the Donner- under 1900 East,about 1,200 feet upstream of the WHOS Reed route along the southern side of the Emigration Creek property(BIO-WEST 2010). Many species of wildlife have been corridor through what is now Wasatch Hollow before camping observed to occur within the WHOS study area(Morris 2007). at approximately 1700 South and 500 East on their first night in Lists of mammals,birds,reptiles,and fish observed within the the valley(July 22,1847). On the 24'h of July 1847,the LDS study area during baseline documentation visits are provided in Church leader Brigham Young and the last of the initial pioneer Appendix A. Nearby residents have also reported observations company entered the valley along the same route,traveled along of fish,deer,fox,and wide variety of bird species,including a the south side of the Emigration Creek corridor through Wasatch bald eagle,in the study area. Hollow,crossed the creek(thought to be at about 1100 East),and then continued north to the established City Creek camp(Dixon The WHOS property encompasses approximately 2,000 linear 1997) feet of the Emigration Creek stream channel. It is connected to an additional 1,200 linear feet of open-channel stream north of Housing development surrounding Wasatch Hollow began the property. As part of a 3,200 foot-long continuous riparian primarily in the early 1900's and the subdivision of land occurred corridor uninterrupted by roads—the longest such corridor on until approximately the 1970's. By 1930,there were several lower Emigration Creek--the property provides important houses on the bluffs above the riparian corridor,as well as one corridor habitat for mule deer and other animals to allow travel farm where Wasatch Hollow Park now exists. Fruit orchards between habitat patches. The property is also unique because it extended into the corridor as well. In the early 1900's,an includes a relatively wide extent of undeveloped corridor width underground pipeline was constructed from springs in Wasatch that encompasses a range of habitat types including lowland Hollow to the Utah State Penitentiary. This source of fresh water riparian,mountain shrub,and meadow communities. was utilized by the penitentiary until about 1950. Apparently the pipeline still exists,although it has been abandoned. The springs have been covered by fill from adjacent residential development (Morris 2007). O O • Wasatch Hollow Open Space been included in this planning process and is now known as the South Area in the WHOS property. Other man-made developments within the WHOS property include a series of Rocky Mountain Power overhead powerlines, chain-link fencing along many of the WHOS property boundaries, user-created paths throughout the study area, a detention basin and debris tower where Emigration Creek is piped at Wasatch Hollow Community Park, and primitive vehicular access locations for maintenance and utility uses. r J Visitor Experiences Potential Access Locations There is an existing home located within the Central Area of There are several potential points of access to the Wasatch the WHOS property which comprises the only building within Hollow Open Space study area that currently exist. These the study area. This home was built in 1964 and much of the potential access locations, outlined on Figures 1 and 2, may be property was raised and leveled by filling with soil and other classified as either formal or informal. Formal access locations material. This fill material is thought to have covered springs are those that are generally considered accessible from existing and is known to have constrained the stream channel through this public rights of way. Informal access locations are those that area (Morris 2007). The house has been uninhabited and secured may require trespass through private property. Many informal from occupation since it was purchased by the City in 2008. access locations may also serve as private access points to the site by adjacent property owners. For the purpose of this The Wasatch Hollow Community Park forms the southwestern document only formal access locations will be considered as it boundary of the WHOS property and adjacent to the Wasatch is not the intent of this plan to encourage tresspass or the use of Presbyterian Church. The park was planned to be completed prohibited access points by the general public. in three phases. Phase I was completed in 1993 and included development of a parking area, playground, restrooms, drought- Access to the WHOS study area is generally good from the south tolerant demonstration gardens, and a grassy park area. Phase and west sides of the property. Access from the east and north is II was completed in 1994 and included development of paths, somewhat limited. Outlined in more detail below, and as shown lighting, benches, and irrigation system (Morris 2007). Phase III on Figures 1 and 2, there are no formal access locations on the was planned as a natural area but never completed. This area has north side of WHOS, and only one formal access location on the o CO 411 Comprehencive Re,toration,Use,dnd Management Plan 1 east side. Where formal access exists,the quality of the access is Although the road is currently gated near the border between varied. ADA standards have not been implemented at any of the the South and Central Areas,this access location potentially potential access locations,although in some cases ADA access is provides ADA access into large portions of the study area potentially possible. Management plan suggestions may address without significant retrofit. Also,this potential access this concern at one or more locations. Additionally,potential location does not suffer from flooding or safety issues. This access locations do not provide universal access to all portions of potential access location is near formal park facilities and the WHOS property. Current conditions make it difficult to enter there is sufficient space for additional amenities such as site the site at one location,move through the property,and exit the orientation signage. site at a different access location. This may also be remedied by management plan suggestions. 2. Wasatch Hollow Park East Potential Access Location: The adjacent Wasatch Hollow Park is the primary formal access Generally accepted potential access locations are listed below, location for the WHOS study area. Visitors to the park each with a summary of the existing conditions of the access from outside the adjacent neighborhoods are most likely to point. An additional formal access location is available behind discover WHOS from this access location due to the adjacent the Church of Jesus Christ of Latter-day Saints chapel north of formal park off street parking facilities. Access into this park Kensington(shown as potential access location#6 on Figures is also available from 1600 East near Bryan Avenue,although 1 and 2). Although this is well graded access road,it is not off street parking is not available at this location. currently publicly available as it is only accessed through private property. It is not considered as a public access location in this From the formal park a paved path leads visitors to the analysis. southwestern edge of the WHOS study area. On the east side of the creek an informal path has been established in the open 1. Wasatch Hollow Park North Potential Access space area. This path is heavily used and has a compacted Location: The adjacent Wasatch Hollow Park is the primary surface. Except in times of flood in the spring it may be the formal access location to the WHOS study area. On the west most heavily used route into the WHOS. Although this is side of the creek a paved pathway leads visitors from formal a heavily used path,the spring flooding issue may make it paths to a fairly well delineated compacted earth maintenance difficult for this route to remain a primary access location access. This maintenance access continues through the South without significant retrofit. This access point would not be Area of WHOS study area to the Central Area(see Figure considered ADA accessible. The west side of the creek is 1). The Central Area is primarily the abandoned home site also accessed from Wasatch Hollow Park,and described in and is a large open flat plateau above the creek. The Central more detail in access point#1 above. Area is elevated significantly above the adjacent creek limiting access to other portions of the WHOS study area. This access point provides convenient access to the creek, Additionally the home site is gated and fenced. as well as most of the South Area of the site as outlined on Figure 1. Access to the Central and North areas is currently • ® • Wasatch Hollow Open Spare limited as there is no formal crossing of the creek. Of all defined paved road beginning at the east end of Kensington the access locations,this one is closest to the only existing Avenue. It provides good access into the abandoned home amenities in Wasatch Hollow Park. See the section below for site. Visitors to the WHOS study area who currently use a description of existing amenities in WHOS. For example this access location are primarily from within the adjacent there is sufficient space at this location for site orientation neighborhood. There is no off street parking in the area,and signage. the dead end street is not highly used by non residents. Thus this should be considered a secondary site access location 3. 1700 East Street/Logan Street Potential Access and primary maintenance access location. Current access Location: The 1700 East Street potential access location is limited by gates,although little limits pedestrian access is heavily used and provides the only access to the WHOS into the site at this location. A moderate number of visitors study area from the east side. Neighborhoods to the north use this access location. Although well delineated with an along Kensington Avenue to 1800 East and Rosecrest Drive asphalt driveway,this potential access location may not meet have no formal access locations. The access from 1700 accessibility standards for grades(i.e.,slope). However,it East Street down to the WHOS study area is fairly steep. is feasible that this point of access could be brought up to Although it appears somewhat well maintained as a gravel standard,although with significant effort. path,its slope and surfacing is not generally considered as accessible. There is no off street parking at this location and This potential access location provides the only direct access it is primarily used by local neighborhood residents. to the Central Area(see Figures 1 and 2). Amenities are described in more detail in the following section,however the The existing footpath provides access to the South Area of Central Area provides different opportunities for use than the the WHOS study area. Limited access is available to the rest of the WHOS study area due to the large and open nature Central and North areas as the creek currently is not easily of the meadow. There are no convenient amenities near this crossed. A simple foot bridge across Emigration Creek could potential access location. Private property directly adjacent remedy this situation by providing easy access to the Central to the WHOS study area at the end of Kensington Street may Area. Existing amenities are described in more detail in make site orientation signage difficult. the section below. However,this potential access location may lend itself to the addition of some amenities,if desired, 5. Emerson Street Potential Access Location: The Emerson as there are considerable non riparian lands in the area. Street potential access location is a steeply eroded path that Although there are no convenient amenities at this potential drops quickly into the WHOS study area. This potential access location,there is available space for site orientation access location is not as heavily used for this reason,and signage at the street level. is considered a secondary access point. There is little opportunity to make this access point more accessible 4. Kensington Street Potential Access Location: The without significant site modifications. There is no city Kensington Street potential access location is a well owned off street parking available. Parking does exist at the • • 4111 Comprehensive Restoration.Use,and Management Plan 13 adjacent Church of Jesus Christ of Latter-day Saints chapel, although no arrangement exists for this to be available for visitors. This potential access location is primarily used by the adjacent residents. This potential access location is the only formal access to the • North Area(see Figures 1 and 2). Recommendations of the management plan may call for foot bridges across Emigration Creek from the Central or South Areas which may rectify this issue. There is no convenient access to amenities at this potential access location. At the street level,there is little q ` space for site orientation signage. • Built and Natural Amenities Much of the WHOS study area is primitive with few formal amenities. The adjacent Wasatch Hollow Park provides appeal for most visitors. Once access into the site is obtained, restrooms(although not always operable),picnic tables and the study area is fairly quiet and removed from the busy shelters,and a playground. Manicured lawns are also available surrounding city. It is fairly easy to access the stream,although for use in the park area. The only formal amenity that may be at the expense of native vegetation,to experience the water. described for the WHOS study area is a fairly well delineated Heavy tree cover provides deep shade along Emigration Creek. user created footpath(no signage or maintenance)system. That Additional detail about amenities in each of the areas follows. being said,this footpath is only well developed near the formal Wasatch Hollow Park and becomes less useable the further north 1. South Area: The South Area of WHOS,as do all areas, one travels through the WHOS study area. Access from the includes a portion of Emigration Creek. In this location, South Area to the Central and North Areas from this footpath however,the creek runs through the center of the area rather system is only available by crossing through Emigration Creek at than along an edge of the property. Access is available on one or more locations. These creek crossings are not developed both sides of the creek. Along much of the creek,the west and in some locations crossing requires some significant effort to side is elevated by man-made fill making a safe crossing obtain safely. Existing crossings and uncontrolled stream access challenging without significant retrofit or restoration. are causing extreme erosion issues along the streambanks. However,ADA accessible access on the west side near Wasatch Hollow Park provides a safe access location that Beyond the existing footpath system,some built and natural may be a compelling reason for a stream crossing to be amenities do exist. The natural setting of the site is the primary considered in the South Area. ADA access to the bulk of the • • • 14 asatch Hollow Open Space South Area on the east side could provide the visitor access Active and Passive Recreational to the non riparian areas at this location. The area on the east side is open(i.e.,elevated above the riparian area)and Opportunities possibly useable for a different type of visitor experience than what is found along the riparian area footpaths. Casual hiking and exploration is the primary active recreational Current recreational activities are outlined in the following opportunity in the study area,although this takes place on user section. Future use of the South Area will be dictated by the created footpaths. No formal recreational facilities exist. There management plan recommendations. Currently the area is are few other active recreation opportunities,with the exception not well vegetated. of the east side of the WHOS study area near the 1700 East Street potential access location. This area is elevated above the 2. Central Area: The Central Area of the WHOS study area riparian corridor and is void of vegetation. There are some user includes significant riparian areas. However,the bulk of created mountain bike trails and jumps,which account for the the area is comprised of the abandoned home site and the lack of vegetation in the area. This portion of the study area adjacent meadow made from man-made fill activities. This (see Figure 2)is also large enough for other active opportunities open and flat topographic area is a different type of amenity such as tossing a Frisbee or a game of catch. This may not be than found elsewhere in the WHOS property. This area is a common use of the area however as the ground plane is fairly currently fenced and not easily accessible for visitor use. The rough and the ground cover is not manicured or well suited for fence will remain throughout the duration of the planning this type of activity. This activity may not be recommended in process and will be open to public use once this plan is the final management plan guidelines. adopted. Although the management plan will suggest the appropriate uses for this area,there is significant area here for The North Area of the WHOS site is not heavily frequented by safe activities that will not damage existing riparian habitats. visitors. Those who access the area may find themselves fairly isolated. The Central and North Areas may lend themselves to 3. North Area: The North Area may be best described as an quiet contemplation,as a form of passive recreation. However, area of passive amenities. Emigration Creek is not easily these areas must not be too distant from active areas for safety accessible in this area,and the space itself is difficult to considerations. access. There is significant upland area outside the riparian corridor,but it is not readily useable by visitors. Much of the area is populated by invasive species. • • • Comprehensive Restoration,Use,and Management Plan 15 2. Establish Clearly Defined Boundaries to Prevent Guiding Principles Encroachment and Foster Respect for Public and Private Lands: • Protect Open Space Property • Regular Monitoring of Violations Wasatch Hollow Open Space • Protect Private Property Goals and Objectives 3. Provide Controlled Public Access that is Informed Primarily by Ecological Goals: The goals and objectives developed for the WHOS • Provide Public Access Comprehensive Restoration,Use,and Management Plan were • Provide Educational Access derived from the participatory planning process initiated by Salt • Provide Access for Research Lake City and known as a"structured decision making process" (Arvai and Wilson 2010). Given the diverse and strong interests 4. Increase Safety by Reducing Risks on Both Public of various stakeholders in the planning process,it was important and Private Land: to utilize a deliberative and structured decision making process • Enhance Public Safety to accurately identify stakeholder values and objectives,and to • Reduce Risks From Liability ensure the plan reflects these values and objectives. A series of stakeholder meetings and public workshops were facilitated 5. Foster Cooperation and Collaboration Among Stakeholders during this process to identify goals and objectives,performance in Stewardship of the WHOS to Ensure Sustainable measures,and potential design and management alternatives. A Long-Term Management: report was prepared and is included as Appendix B. • Promote Community Stewardship and Co-Management • Improve Partnerships Between the City and Stakeholders Participants in the structured-decision making process were nearly unanimous in their identification of five fundamental Planning Constraints goals and their associated means objectives for the design and management of the WHOS property(Arvai and Wilson 2010). The fundamental goals and primary means objectives include: The WHOS property is managed within a framework of accepted policies and standards,in addition to current Salt Lake City 1. Restore and Protect the Emigration Creek Riparian and Salt Lake County ordinances and management plans. The Corridor and Adjacent Open Space Area: needs of utility providers,resource agencies,and adjacent • Improve Water Quality neighborhoods are understood and respected. The following is a • Provide Habitat for Wildlife list of basic agreements and entities that define and reinforce the • Restore and Protect Native Vegetation key planning constraints for the WHOS property: • V • 16 •Wasatch Hollow Open Space 1. Because there are no existing plans for management of study , area lands,any previous agreements or precedents regarding J r the WHOS property are subject to reconsideration. /'� 2. The conservation easement will require management as a r natural open space with appropriate standards and goals. 3. Access will be evaluated in light of the important goals of resource protection,visitor experience,and public safety. — •. ,yam • 4. The City's Riparian Corridor Ordinance(e.g.development +�:lpt setbacks from stream)and the Emigration Creek Riparian Corridor Study will be followed. ' 5. All stakeholder concerns are respected and considered equally,and are balanced with the fundamental goals established for the WHOS property. property will be retained in a predominantly natural and open 6. An adaptive management framework will be implemented to space condition and to prevent any use ofc the property that will guide long-term monitoring,management,and maintenance. significantly impair or interfere with the conservation values of the property. The public benefits of the easement will include preventing future conversion of open land to urban development, 7. Facility and management costs will be prioritized within funding levels for successful maintenance and stewardship. protecting and enhancing water quality and quantity,protecting wildlife habitat and maintaining habitat connectivity,protecting 8. The city will actively coordinate with entities having riparian areas,maintaining and restoring natural ecosystem jurisdiction over portions of the WHOS property,such as functions,and maintaining the sustainability of resources. Rocky Mountin Power and Salt Lake County Flood Control Activities that would be prohibited are likely to include subdivisions,significant building structures or improvements, mineral development,significant topography modification,waste Conservation Easement disposal,game farming,non-native species,commercial feed lots,and large signs or billboards. Activities that are likely to be The WHOS property will be encumbered by Deeds of permitted include low intensity recreation,habitat enhancement Conservation Easement held by Salt Lake County and Utah Open and management,limited buildings or facilities,irrigation Lands. The purpose of the easement will be to assure that the improvements,fire protection,and noxious weed control. • • • Comprehensive Restoration.Use,and Management Plan i- Criteria for Evaluating Conceptual Management Alternatives The following list of near-term design performance measures that were developed through the structured decision-making - process(Arvai and Wilson 2010)are relevant for evaluating each of the conceptual management alternatives developed during the - WHOS planning process. They are organized by the established fundamental goal categories. Salt Lake City,in cooperation with Utah Open Lands and Salt Lake County,will ensure stewardship 2. Establish Clearly Defined Boundaries to Prevent of WHOS in a manner that protects the native vegetation,water Encroachment and Foster Respect for Public quality,and aquatic and terrestrial wildlife habitat of Emigration and Private Lands: Creek while providing appropriate access and educational • number and placement of access points and footpaths opportunities for the public. • size of buffer between private property and open space 1. Restore and Protect the Emigration Creek Riparian area Corridor and Adjacent Open Space Area: • extent of restoration activities and resultant benefits • number and placement of natural barriers at property boundaries • BMPs for water quality,wildlife and habitat protection 3. Provide Controlled Public Access that is Informed Primarily by Ecological Goals: • number and location of access points and footpaths • Inclusion of historical,cultural,and educational signage • • 410 Wasatch Hollow Open Space 4. Increase Safety by Reducing Risks on Both Public and Private Land: «� • fire risk assessment """ • BMPs for enforcement • BMPs for limiting trespassing 5. Foster Cooperation and Collaboration Among Stakeholders in Stewardship of the WHOS to Ensure Sustainable Long- Term Management: • Implement shared management plan between City,Salt Lake County,Utah Open Lands,and community Other Considerations The goal of the structured decision-making process(Arvai and It was also suggested that"splitting"WHOS into different Wilson 2010)was to work closely with members of the City to management clusters would provide ecologists with an organize information obtained from stakeholder meetings into opportunity to study the effects of human impacts on riparian components of possible conceptual management alternatives areas. Characterizing the northern portion of WHOS as a for WHOS. The following components derived from this restricted use area may help the site better achieve some of its process should also be considered when evaluating conceptual restoration goals. management alternatives. 2. Access by Dogs: There was nearly unanimous agreement, 1. Alternative Open Space"Clusters": The structured even among the most ardent dog owners,that allowing decision-making process defined"clusters"as different open unrestricted access to the WHOS site by dogs would likely space management strategies implemented in different areas stand as an affront to the restoration goals expressed by all of of the 10-acre WHOS site. There was widespread agreement the participants. Alternatives plans should explore different among participants in the workshops that it may be beneficial dog policies with the impacts of these policies studied in to open the southern reaches of WHOS to wider public access terms of achieving the stated goals and objectives expressed while maintaining a stricter stance on access in the northern during the planning process. It has been suggested that portion. Many feel that limiting access would likely offer a the planning process should explore the option of heavily greater sense of security to adjacent private property owners. restricting(i.e.,strictly-enforces on-leash regulations)or • • • Comprehensive Restoration,Use,and Management Plan 19 prohibiting dogs in the active restoration areas of the open in some form is likely to occur in order to be consistent with space. the Open Space Program goals and mission,it has been suggested that various passive forms of use be considered 3. Buffer Zones: Buffer zones are essentially widened for implementation(e.g.,walking,wildlife viewing,quiet boundary lines that increase the proverbial"no man's land" reflection). Another benefit of encouraging appropriate, between public and private property. Buffer zones could, passive use of the WHOS property would be the potential for in many places,be built into the existing 10-acre open such use to drive out elicit or illegal activities that currently space property. In other cases,it may be possible to acquire occur. slivers of land from adjacent private landowners who are willing to sell or donate these lands for the specific purpose 6. Footpaths: Alternative designs(e.g.,looped trails,the of increasing the buffer zone and/or improving restoration presence or absence of bridges),placement(within the opportunities. WHOS property),and number(single or multiple)of footpaths should be considered in terms of their influence on 4. Abandoned House: Some participants suggested that the meeting some of the five fundamental goals. house located in the Central Area be renovated and used as an educational or nature center,perhaps providing permanent 7. Rope Swings: Rope swings currently located within the space for a non-profit organization or full-time WHOS WHOS property pose problems for many of the fundamental docent. Many who supported this idea felt that it would goals developed by workshop participants(e.g.,significant be a shame to tear down a structure if there was a way to erosion of the stream bank). Also,use of the swings has incorporate it into future management of the study area. prompted noise complaints from neighbors and likely poses a However,many who shared this opinion also recognized significant risk of liability for the City. It has been suggested that if it was not financially feasible then perhaps such a that proposed management alternatives not include any rope center could be built elsewhere on the property. The costs swings over Emigration Creek. associated with restoring the existing house,as well as those associated with removing the house,should be communicated 8. Utilities,Drainage,and Flood Control: Some participants through the planning process. discussed issues surrounding access to utilities,drainage points along the creek,and the need to provide adequate 5. Types of Uses: Some groups were clearly in favor of flood control within the WHOS property. It has been prohibiting access while others were supportive of providing suggested that alternative management options explore the some public access through a variety of uses. However, possibility of moving utilities out of the WHOS property,or even those who would prefer no access indicated support for perhaps burying power lines during any restoration efforts. limited access and use,if that access and the types of uses Alternative management strategies should also explore the were informed by restoration goals and perhaps limited to possibility of moving culverts and drainage points to protect certain segments of the property. Given that public access the ecology of Emigration Creek. In addition,it has been • • • 'U Wasatch Hollow Open Space suggested that natural flood control mechanisms be explored as aspects of potential alternatives. ' � .'4 k Jr a ' ' r- ,• 1 • , l 9. Educational and Research Partnerships: Workshop .4 :,f,''� f gip. r:,- 4y '\� P •' participants were very supportive of partnering with local r T , educational institutions to both provide research opportunities ''�e" r._ ;^.,' for graduate students and to help monitor conditions in the WHOS property. Alternative management strategies should - incorporate means of reaching out to and working with t - , colleges, universities, and government agencies to encourage -"' ;, collaborative research in the WHOS and at surrounding sites. :�; -- > 10. Enforcement: Almost all workshop participants shared concerns about enforcement, whether it was in regard to ,• --- == _ • public safety, trespassing across private-public property -4 ,, _ - '• ~ . "'+� lines, or appropriate uses within the WHOS property- As a result, it has been recommended that the various conceptual .ram' #', Air management alternatives explore the effectiveness and cost 4 ..y_ of alternative enforcement regimes (e.g., increasedpolice ' -b`�'-4- , :'r�" g ` c} try, patrols, private security, community-based initiatives). - ' • yid It, - f/• j . .7 ® 1 Comprehensive Restoration.Use.and Management Plan Comprehensive Use Planning Open Space Management Salt Lake City owns and manages a variety of land parcels for public use,ranging from traditional parks to preserved open spaces. Some properties,such as the adjacent Wasatch Hollow Community Park,have many features of a traditional park including turf areas,playground equipment,picnic shelters, concrete footpaths,and restrooms. Other properties,such as WHOS or Parleys Historic Nature Park,were acquired and planned as natural open space with little more than footpaths. critical to avoiding additional restoration expenditures. The Salt Lake City is continuing to purchase open space lands, City's Open Space Lands Program is committed to managing expanding trail networks,and protecting resource sensitive for standards that are focused on natural resource protection as areas. The new and evolving demands of an expanding urban well as user experience. This may require trade-offs between population require a new management framework that can be performance measures. applied to all city properties where resource preservation and ecological restoration are encouraged. Prescriptive Management Area While the North and Central Areas of WHOS were acquired Designations or donated as natural open space,they have,along with the South Area,not been actively managed or maintained for a Prescriptive Management Areas help to define and establish number of years which has allowed for unrestricted use. This a range of land use and management prescriptions that can has resulted in significantly degraded portions of the study area be applied to suit the unique resource and user needs for a where vegetation is non-existent and soils are actively eroding. particular zone within the WHOS property. Designated use Restoration to a more sustainable and healthy condition will areas,footpaths,and barriers help to clearly define appropriate take substantial investment. Defining appropriate uses and uses to improve public safety,minimize maintenance,and implementing active management and oversight of WHOS is • 0 Wasatch Hollow Open Spa.e protect sensitive resources. Each alternative concept is mapped • Self directed activities,like hiking or orienteering,on according to the following zones where applicable. designated footpaths 1. Footpaths: • Moderately maintained to minimize resource degradation • Applies only to the use on the footpath (e.g.,weed and erosion controls,native plantings) • Self directed activities like hiking and walking as directed 4. Protection Area: by footpath signs • Promotes and supports a light level of use in a natural setting • Moderately maintained and monitored to promote safety and reduce user conflicts • Self directed activities focused on the protected resources, such as hiking,education,interpretation,and wildlife • Lands adjacent to the trail are managed to the standard of watching on designated footpaths their prescriptive management area • Maintained to enhance natural systems(e.g.,protecting • Dogs are prohibited throughout the property except on sensitive habitats,restoring natural hydrology,restoring designated footpaths upland habitat,and adapting to natural changes over time) 2. Passive Recreation Area: 5. Restoration Area: • Promotes and supports a moderate level of use in a • Discourages or restricts access and use from natural areas managed setting under restoration • Self directed activities,such as reading,painting, • Actively restored,maintained,and monitored to improve learning,or informal leisure activities degraded natural resources or cultural features • Moderately maintained and manicured • Involves removal of fill or spoils,streambank grading, floodplain restoration,and habitat restoration • Facilities may include education center,outdoor classroom,or interpretive elements 6. Preserve Area: • Restricts and discourages access and use in sensitive 3. Natural Area: resource area • Promotes and supports a moderate level of use in a natural setting • Suitable for occasional use for stewardship or education • • • Comprehensive Restoration,Use,and Management Plan • Moderately maintained and monitored to conserve unique, high-quality natural resources or cultural featuresY-'"'-'' 41. _ : (e.g., restoring natural hydrology, restoring upland a� M r �� habitat, and adapting to natural changes over time) o i �. Spectrum of Conceptual Management Alternatives • 1 : A range of conceptual alternatives was developed to meet varying goals of providing natural resource protection and ,.ot improving the visitor experience. A total of five alternatives a were developed and presented to the public before a final it, preferred alternative was refined. The alternatives generally `' .'.' reflected a range of resource protection levels, which were shaped by many local, state, and federal policies that must be followed. The alternatives were adjusted to accommodate recommendations made by the public in a series of workshops. A summary comparison of the alternatives is provided in Table 1. Figures 6 through 10 are maps of the various conceptual alternatives developed during the planning process. 0 0 Wasatch Hollow Open Space Table 1. Summary Comparison of WHOS Comprehensive Restoration,Use,and Management Plan Alternatives. CONCEPT It ; RFORMANCE T1ONEMPHASIS PueucAaaanrWNsls CONSE PHASIS , 1311 MEASURES eemnl Cenrnl Central h North Aty. Arai Area South Arca North Area Area South Area North Area South Area North Area Area Sou. Public Auess Prohibited Limited Limited Limited Limited Limited Limited Extensive I xtensive Prohibited Limited Extensive Prohibited Limited Limited Research Research Footpaths None Single Loop Single Loop Single Loop Single Loop Single Loop Network Network Network Only Single Loop Network Only Single Loop Single Loop Footbridge None None None One One One One One Two None One Iwo None One None Boundary North.East, East No'' Where Where Where East Where East North, ZM Fencing Extensive Extensive Extensive and West and West South. Nec sary Necessary Nec sary Extensive and West Necessary Extensive and West South, _ and Eau and East Restoration Both Sides gosh Sides Outside Both Sides Both Sides Where Where Where Both Sides Where Both Sides Both Sides Fencing None of Stream of Stream of Footpath of Stream of Stream Necessary Necessary Necessary None of Stream Necessary None of Stream of Stream Access by Dogs Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited On-leash On-leash On-leash Prohibited Prohibited On-leash Prohibited Prohibited On-leash Property Eas[ East Eas[o(Padt Eas[ East Eas[o(Park None None None East East None East East of East of Park Acquisition of Stream o(S[ream p(Str<am o(Stream of Stream of Stream of Stream Stream Invasive Species Aggressive Aggressive Aggressive Phased Phased Phased Annual Annual Annual Aggressive Phased Annual Aggressive Phased Phased Control Removal of Fill 100% 100% 100% WA Where Where WA WA WA 100% Where WA We' Where Where _ Appropriate Appropriate Appropriate Appropriate Appropriate Appropriate gStreambank Yes Yes Yes Yes Where Where Where Where Where Yes Where Where Yes Where Where 1 Grading Appropriate Appropriate Appropriate Appropriate Appropriate Appropriate Appropriate Appropriate Appropriate Restore Yes Yes Yes Yes Yes N/A WA N/A WA Yes Yes WA Yes Yes Yes Floodplain Remove Yes Yes Yes Yes WA WA N/A WA N/A Yes WA WA Yes WA N/A Encroachments _ Habitat Aggressive Aggressive Aggressive Aggressive Moderate Moderate Moderate Moderate Moderate Aggressive Moderate Moderate Aggressive Moderate Moderate Restoration Existing House WA Real WA WA Raze WA WA Raze WA WA Rate WA WA Rau WA LEED Education N/A None WA N/A None N/A WA Yes N/A N/A None WA N/A None Yes PCenter Outdoor Research Research Research Classroom Only None None None Yes None None Yes None Only Yes Yes Only Yes Yes Interpretive None Minimal Minimal Minimal Moderate Moderate Extensive Extensive Extensive None Moderate Extensive None Moderate Extensive Elements Passive N/A N/A N/A 0.83 Acrel9%) 0.83 Acrel9%l Recreation Area ; Natural Area N/A N/A 7.00 Acres173sq 1.25 Acres(13%) 1.25 Acres(13%) 12Protection Area .72 Acres(28•.j 5.89 Acres(61%) WA 0.04 Acre 16%) 0.fi4 Acre(6%) Restoration Area 3.71 Acresf39:) 7.71 Acres(391q 2.60 Acres127%) 3.71 Acres n9%) 3.71 Acres l39%) Preserve Area 3.17 Acres(33%1 WA N/A 3.17 Acres(33%) 3.17 Acres(33%) © • Comprehensive Restoration,Use,and Management Plan 25 Highlights of Concept A:Preservation Emphasis • Implement aggressive riparian and upland habitat restoration efforts • Re-establish Wasatch Hollow Spring • Prohibit all public access to North Area and manage for scientific research and education only • Install restoration fencing along both sides of stream to discourage access • Prohibit dogs and limit public access to"loop"footpaths in Central and South Areas • Obliterate existing house and re-grade to natural contours • Establish property boundaries to prohibit access and encroachments from adjacent properties • Close and re-vegetate duplicate footpaths • Implement aggressive invasive species eradication efforts • Install interpretive signs focusing on habitat restoration and nature education • Acquire property east of stream and east of Wasatch Hollow Park from willing sellers P c s I - ate t A r , _ . . ; s. J■■ Ifil �fl -t -a', _ -� ` S f 1 — Wasatch Hollow Open Space +-4 - 1, • rig, - _ Restoration,Use,&Management Plan . A! rr;i !�, � c e• C nt - • -1 ./ ' 1 1 ,:.. <>s ems, 4.0 tl 1 * . -1 i�1 ..�i .j i 1s �% "atvesr,INC. N. .�/ ✓ ' • r _ t• / Concept A Map C�� - .0.4. `. -© _: it L--[tl 3 ( Legend 1r�� i' . v i : �t Er. PotentialAccess toatnn Y jA. lirtyl/� jit; -Emigration Creek ry _ ^, -1 - L.--• +..ri -��' `A•10 LI ,. s, Proposed Footpaths 1 � ` L f O Wasatch Hoaow Open Space Boundary a • }y IT• ,., r'r:'r t ve Wasatch Hollow Park Boundary p M inagement Arens k �� 7e � +� ti � NOTE:Contours are all intervals 11 e.' 1I ���Resw on Arca- ` +Y, i I ___I Presrne Area -__ _ IQ - 101. I....al,J II•Protection Area 0 200 400 BOO Feet Figure 6. Wasatch Hollow Open Space Concept A Map. Wasatch Hollow Open Space Highlights of Concept B: Restoration Emphasis • Re-establish Wasatch Hollow Spring if feasible • Install restoration fencing along both sides of stream to discourage access • Prohibit dogs and limit public access to"loop"footpaths in all areas • Raze existing house but maintain pedestrian and maintenance access • Define property boundaries to prohibit encroachments and discourage trespassing • Establish outdoor classrooms for educational uses • Acquire property east of stream and east of Wasatch Hollow Park from willing sellers • Close and re-vegetate duplicate footpaths • Implement phased invasive species eradication efforts • Install interpretive signs focusing on history,habitat restoration,and nature education • Implement riparian and upland habitat restoration efforts • ,-- I k...` i . t •JI • y {i. rr r ,Ili' .r { 4 ,...-.tig 1 kililti I- i t A ' r . . . - i it. ,/ . . - r.. . . ::: I. • 1- ./- +- ,�-. L _ .:-144 - y Wasatch Hollow Open Space '—� " t' a w 1 _�� "`� Restoration, Use, & Management Plan 1-;..L....,: ' z f , mil /r iiii 1 • ism. mf f�it. T. c R s n O�. 1 � ! �. ~ --1.1 il -� i 10and_ai I ,\`-t_."' BIOWEST,IBC. . II /f I'f r i T2 �0. • i r• , Concept B Map cYs_ - � • , `i r r4 � 7. ( r$t Legend Ir �•- •y,_. - •' — ��r 4_ t-} - ,Alan t, 1 Potential Access Location li 11 t .� ,_ ]w , t.r '`_ - —Emigration Creek _ _{ -pa_ ' ,__. t� r1..`1L...;� B a �. {fR Proposed Footpaths }. r ', j"" � r Proposed Bridge *1: . .i .d - —.. -r r I - r i n Wasatch Hollow Open Space Boundary Wasatch Hollow Park Boundary t �� �, d. hi t Prescriptive 1 . r i* Management Areas NOTE:Contours are at 3'intervals _14 • • .. , d . .it' __ -- ' - + .a :- _"- -� _Restoration Area y r� 1•Jr)o.ti<L,ti, �/�''' - t ] =Protection Area r 0 200 400 800 Feet •l. ti�. .,ra 1 l 1 N._J y I Bf t ,.� ! la. -_., m mon- i I r , t 1 , r , I Figure 7. Wasatch Hollow Open Space Concept B Map. • Comprehensive Restoration,Use.and Management Plan - Highlights of Concept C:Public Access Emphasis • Raze existing house but maintain vehicular access for educational purposes • Allow for development of LEED certified educational facility and outdoor classrooms in • Allow dogs on-leash only and limit public access to designated footpaths in all areas Central Area • Define property boundaries to prohibit encroachments and discourage trespassing • Close and re-vegetate duplicate footpaths • Implement annual invasive species eradication efforts • Install interpretive signs focusing on history of Emigration Creek,pioneer culture,habitat • Implement riparian and upland habitat restoration efforts restoration,and nature education • Install restoration fence where necessary to discourage access to sensitive areas 9_f . i " ' , . .- - ra . . S ,.... i h � rR Ir I . k 4-a �l>~ ,L, �• .1 t Wasatch Hollow Open Space t , !! f, - Restoration,Use,&Management Plan M • CRSA r, Li6a * ,,_ J l, 44 -t. j WEST.Inc. {,{�� �� L� Concept C Map -: : - '� ,: ..© a. ..�— ar;E.r r ;'_ �r �� f I Legend N �. 1r •w 1 l _ _ et _ - - i-' Potential Access Location I i / i`/' + • 1�' di{`I1 4 —Emgraoon Creek n�1t11 1. ,u .l c`y r , .-. , :• r i" Proposed Footpaths LI S I a .. Proposed Bridge . 'p ° =l¢ P.- _ w ' O Wasatch Hollow Own space Boundary tiI r 1 �� _ Y =etil e I i 4 j; ki . , Prescript Prescriptive �I Wasatch Hollow Park Boundary 1 r Management Areas NOTE:CamgNs are at 3 Intervals MI Restoration Area --- ---- -"' _Natural Area 0 200 400 FlOn Ir,.i sic—se I , t i I I I . I Figure 8. Wasatch Hollow Open Space Concept C Map. O O ‘•../ 28 Wasatch Hollow Open Space Highlights of Concept D:Conservation Emphasis • Acquire property east of stream and east of Wasatch Hollow Park from willing sellers • Implement aggressive riparian and upland habitat restoration efforts • Prohibit all public access to North Area and manage for scientific research and education only • Re-establish Wasatch Hollow Spring if feasible • Prohibit dogs and limit public access to"loop"footpath in Central Area • Install restoration fencing along both sides of stream to discourage access • Allow dogs on-leash only and limit public access to designated footpaths in South Area • Raze existing house but maintain pedestrian and maintenance access • Define property boundaries to prohibit encroachments and discourage trespassing • Establish outdoor classrooms for educational uses • Implement aggressive invasive species eradication efforts in North Area • Close and re-vegetate duplicate footpaths • Implement phased invasive species eradication efforts in Central Area • Install interpretive signs focusing on history of Emigration Creek,pioneer culture,habitat • Implement annual invasive species eradication efforts in South Area �1 restoration,and nature education ►> L , Nil r — 1~i ' •�Y. 1 , 1 Nt `1p 'Mgr • '� • J t " 1' . ..Tp... 04 LA- i • •01, i. Lk• ,,V i ..,. ' ' .;;_,;.•4 ''"'-:tfirlid 1 itiLl..liti.. . -g-j-- ....iTtvi -11-T.-. - -L-- • : • ". - 1:: .1- , At It . , . .,_ . 01-)i._, . [._ . „ ... . ,; •4_ -.,, 1. is:. ihk _ . _l , 1-) . , • -III 11 >t. 4 3•- . * f'v i- , f�. _ p, i. r l i- -' - ? + ^ 7, _ i ;. 1�� ( Wasatch Hollow Open Space i ' J. '•, ' '•- '-0 •r ," • ' - L Restoration, Use, & Management Plan r4114,,i '' � ems ii, n t. l y• C R S/� ,�4, If • ♦V 1 •4• 11 " I .I el I `.`-'� BIO WEST,INC. ' Concept D Map c;, r" _ . . (FT t i 9 1 ' Legend . i - ( •\© - -.© f - a� -- �F I ® t 1 Potential Access Location N 1 1 1 i( -..... M - � - _ .__ -� �FF�� _ —Emigration Creek „ /� - - ,. m•i tk jr : ram . �, .� Proposed Footpaths -'~ !-�'t -T'�! *,k;T`i"� �' PrescriptiveIMMI Proposed Preserve Footpath 1 .-_-_tom I Management Areas Proposed Bridge #�-.' rt. .,t.- _•�..,• `. 14 .. =Wasatch Hollow Open Space Boundary • i , *� MI Restoration Area *t ' ` Wasatch Hollow Park Boundary , � , t �C T ? kg I I Preserve Area i II �1 • 1 li - ifr�l -Protection Area - NOTE:Contours are at 3'intervals 1,4 4 -Natural Area 1 Passive Recreation Area o 200 400 800 Feel 1 I± ! ill - - r.=..'s' 1 . . ..1 ` . L ' i I:....r: ._ . 1 I I , I I , I I Figure 9. Wasatch Hollow Open Space Concept D Map. Comprehensive Restoration,Use,and Management Plan 19 Highlights of Concept E:Education Emphasis • Implement riparian and upland habitat restoration efforts • Re-establish Wasatch Hollow Spring if feasible • Prohibit all public access to North Area and manage for scientific research and education only • Install restoration fencing along both sides of stream to discourage access • Prohibit dogs and limit public access to"loop"footpath in Central Area • Raze existing house but maintain pedestrian and maintenance access • Allow dogs on-leash only and limit public access to designated footpaths in South Area • Allow for development ofLEED certified educational facility and outdoor classrooms in South • Define property boundaries to prohibit encroachments and discourage trespassing Area • Implement aggressive invasive species eradication efforts in North Area • Close and re-vegetate duplicate footpaths • Implement phased invasive species eradication efforts in Central and South Areas • Install interpretive signs focusing on history of Emigration Creek,pioneer culture,habitat • Acquire property east of stream and east of Wasatch Hollow Park from willing sellers restoration,and nature education • _ ! L 9 Y t i I 1. �ii _ - ' • ll 4 /4 W . {a - 1-,{- Y. ` .t i .. a — Wasatch Hollow Open Space i : t.h' Restoration,Use,&Management Plan l •'�I. • f�, r•`' f .}a 1 +., Tl yG Tali. CRSA q syr-,- - ------ - to r __- -�: i J�' N. •tIr.- a , tom`t �16WE57,Inc. �' 0 hr' .. r r 1 Concept E Map V. 9.r • a-�rqr- I ," •• I Legend _ II. `©-•• _ --© a-- 1_33 -�-.a _ '•' • �'; ; Potential Access Lorauon tl( { -.+ -t t 77 iling{ _ —Emg Creek i • 1-. r•• . — **� + •a7.'T ,�, [ u ,go Proposed F palm .a� %' • r IF • r' ---Proposed Preserve Footpath . 'tf `'�" �' //'' w. w Prescriptive —Proposed Bridge F{A, a — Management Areas r —1.' l,• • V. O Wasatch Hollow Open Space Boundary MN l _ • ` Restoration Area Wasatch Hollow Park Bauntlar igt !� • j4ii V =Reserve Area y - q! • Protection Area - NOTE.Cantons are at 3 intervals �Natural Area . - — _— _ t ' - _ Passrvn Recreation Area o inn aoo I 1 al Figure 10. Wasatch Hollow Open Space Concept E Map. Wasatch Hollow Open Space Management Strategies that are Common to All Conceptual " Management Alternatives r. The following list of management strategies developed through ;' the structured decision-making process (Arvai and Wilson 2010) .. •G' are common to each of the conceptual management alternatives developed during the WHOS planning process. They are . u'41, ►'` ° organized by the established fundamental goal categories. `" 1. Restore and Protect the Emigration Creek Riparian Corridor and Adjacent Open Space Area: ! 411 ;Y "' IIIRIII*gMRANMCZ". • establish conservation easements, • promote "leave no trace" ethic, 2. Establish Clearly Defined Boundaries to Prevent Encroachment and Foster Respect for Public • address culverts and drains to creek, address runoff and and Private Lands: sedimentation (e.g., prevent bank erosion), • reduce risks from liability (e.g., non- permitted activities), • re-establish de-silting meadows, • prevent trespassing, protect private property values (e.g., protect aesthetic values, limit noise, allow only natural • focus on species most likely to thrive, open space compatible activities), • restrict and prevent disruptive uses (e.g., limit pollution • prevent annexation of private property, from lights/noise, paintball/air soft, dumping of refuse, tree cutting for"fort"building, campfires, camping or • prevent encroachment of private property onto WHOS squatting), (e.g., no dumping of refuse), • control and eliminate invasive species, • provide adequate enforcement (e.g., personnel, penalties for violations). • restore natural forest processes. CI s 0 Comprehensive Restoration.Use,and Management Plan 31 4. Increase Safety by Reducing Risks on Both Public • and Private Land: • curtail illegal activity(e.g.,drugs,squatting), • provide adequate enforcement(e.g.,regular walkthroughs,more patrols), • reduce risk of injury in WHOS(e.g.,remove rope swing), A!' • reduce risks to private landowners(e.g.,establish clear ' boundaries,discourage trespassing and encourage Air property owners to participate in private property �► protection). 5. Foster Cooperation and Collaboration Among Stakeholders in Stewardship of the WHOS to Ensure Sustainable Long- 3. Provide Controlled Public Access that is Informed Term Management: Primarily by Ecological Goals: • involve neighboring property owners,local community, youth organizations,visitors,educational institutions, • close WHOS to public after dark, neighboring churches,and easement holders(e.g., • increase historical awareness, promote installation of native plants on private land, regular wildlife counts,regular clean-up days,research • open space as an"open classroom"(e.g.,seating for opportunities,regular walkthroughs,community docent reflection and wildlife viewing,single loop footpath,only and interpreters,manage in perpetuity) for passive activities,limit lights and noise,exploration • improve communication,foster transparent decision by all age groups,partner with schools/colleges), making,and facilitate decision making partnerships with • Inclusion of historical,cultural,and educational easement holders,across city offices,between city and interpretative elements cultural, and art). community,between community residents,and with experts and other stakeholders(e.g.,Community Council newsletters,website,regular meetings,acquire expertise • create awareness of detrimental behavior, in decision making,information sheet at entrance,hire a • monitor conditions over time e.g.,citizen science, WHOS docent). graduate theses). • • • Was,n.h Hollow Open Space 3. Provide Controlled Public Access that is Informed Management Strategies that Primarily by Ecological Goals: • limit access in northern portion(e.g.,research and May Vary between Conceptual education only,no footpath) Management Alternatives • wider access in southern portion(e.g.,limited/no access by dogs) The following list of management strategies developed through the structured decision-making process(Arvai and Wilson 2010) • open space as an"open classroom"(e.g.,interpretive art, may or may not be included in one or more of the conceptual management alternatives developed during theWHOS planning markers,signs,create an education center) process. They are organized by the established fundamental goal 4. Increase Safety by Reducing Risks on Both Public categories. and Private Land: 1. Restore and Protect the Emigration Creek Riparian • provide adequate enforcement(e.g.,volunteer or staff Corridor and Adjacent Open Space Area: for education and enforcement,enhance public access, • address septic field at acquisition site consider CPTED in certain areas) • reconnect Wasatch Hollow Spring • remove abandoned house • allow creek to meander • reduce risk of injury in WHOS(e.g.,dogs on leash or • limit public access(e.g.,natural barriers vs.fences, restricted,reduce wildfire risk) limit access by dogs,minimize number of paths,curtail • reduce risks to private landowners(e.g.,establish buffer encroachment,create"low impact"area) zones between OS and private property) 2. Establish Clearly Defined Boundaries to Prevent 5. Foster Cooperation and Collaboration Among Stakeholders Encroachment and Foster Respect for Public in Stewardship of the WHOS to Ensure Sustainable Long- and Private Lands: Term Management: • establish buffer zones between WHOS and private • keep City website related to WHOS project up to date property(e.g.,purchase land from neighbors) • establish clear boundary lines(e.g.,improve signage, implement natural barriers) • • • Comprehensive Restoration.Use,and Management PI, Ii • Work with residents on Kensington Street to address parking Recommended Comprehensive issues before considering designating this as an access Restoration, Use, and location • Prohibit dogs except on designated on-leash footpaths Management Plan • Define property boundaries to prohibit encroachments and The recommended plan is a blend of several key components discourage trespassing from the five alternative concepts that were developed during the • Acquire propertyeast of stream and east of Wasatch Hollow WHOS planning process and described in the previous section. 9 The recommended plan reflects the input received during public Park from willing sellers m and stakeholder meetings,as well as recommendations from • Implement phased invasive species eradication efforts in all both City and consultant staff. Figure 11 shows the proposed areas locations of prescriptive management areas,footpaths,and access locations for the recommended concept. • Implement riparian and upland habitat restoration efforts • The recommended plan allows for limited public access to all Re establish Wasatch Hollow Spring if feasible three areas of the WHOS property on designated footpaths. A • Install restoration fencing along both sides of the riparian substantial portion of the upland and riparian habitats will be corridor to discourage access restored and educational opportunities are maximized through installation of interpretive signage,outdoor classrooms,and a • Raze existing house and remove associated infrastructure. potential educational facility. Minimal site amenities will be but maintain pedestrian and maintenance access provided to improve safety,reduce risks,and discourage illegal activities. • Allow for future development of a LEED certified educational facility The recommended plan includes the management strategies • Establish outdoor classrooms for educational uses that are common to all conceptual management alternatives as described in the previous section. Detailed management • Close and re-vegetate unauthorized footpaths strategies,policies,standards,monitoring,and action items are described in the following sections. Highlights of • Install interpretive signs focusing on history of Emigration the Recommended Comprehensive Restoration.Use,and Creek,pioneer culture,habitat restoration,and nature Management Plan include the following: education • • Limit public access to designated footpaths in all areas Conduct a wildfire hazard assessment and implement appropriate mitigation measures • • • ffH( !t / aF mot,• • t J-4_-4t�,_-4 . q j . • `.. Wasatch Hollow Open Space t- Restoration,Use,&Management Plan :11;111.0. ..: 1 I ' ' . I C-,, ie -a i Peuo, CRS'\ x � • \1--11, en )i_1.j ii '4f t.% .a .... • ; , Recomended Concept Map ID I St,lilliz &If'Sll, ,,� �yy �tt J MalntenlnrC,(`.. is w ©• 0 ` .. 1 e t �. p`1 t.Ir Legend Itil -) Access Location 4O Potential Access Location —Emgratimn Creek N Y 1 Il i —` _ .. • 40t. (�^(� Proposed Footpaths(Dogs Prohibited) _ -Allt .,•r• r�I' ••-Proposed On-leash Footpaths rVl.�ll ' �l 41l g Proposed Bodge R $'... S T •._ Proposed Education Fatlluy er � �,Iii,. Pre N rve 7 • ' r, 1 lar � .�� LLif Management Areas Wasarch Hobo Open Space Boundary n Wasatch Hollow Park Boundary y _ { Restoration Area '� ,� J r -�1-.--+t-•-- =No..od Area NOTE:Gammas are at 3 intervals )IIO r T - :) • r_.r >• $i'�r j. - Natural Area 0 200 , 400 r r 800 Feel } hh I Figure 11. Wasatch Hollow Open Space Recommended Concept Map O • ./ . , . Management Strategies • Adaptive Management The Comprehensive Restoration, Use, and Management Plan for the WHOS will utilize an adaptive management approach to making decisions and changing management actions to adapt to future conditions. Adaptive management is a structured, iterative • y :% 4011 process of decision-making that uses ongoing monitoring to guide the process. Monitoring, such as surveys of visitors, samples of water quality, or measuring the extent of damaged vegetation, is used to understand current conditions and whether or not the As adaptive management is applied at WHOS, managers may existing management actions are successfully achieving park decide to open or close certain use areas,change an area's goals. Adaptive management is essentially "learning by doing." prescriptive management designation, and initiate or complete restoration projects. Monitoring of conditions is essential, and Salt Lake City plans to use adaptive management at WHOS to the City will likely enlist volunteer stewards when possible to help address changing conditions such as: help achieve these goals. • Increased visitation and recreation use Applicable Plans and Policies • Implementation of restoration projects Recommended actions within this plan support the WHOS long- Responding to natural acts(e.g., drought, flood,fire, natural term sustainability, minimize maintenance costs, and implement • or enforce existing policies. A number of key adopted plans and disaster) policies have influenced recommended actions. Several of the • Controlling noxious weeds, erosion, and vandalism key adopted plans relevant to WHOS are listed below: 1. Salt Lake City Zoning and General Plan 0 0 0 ;() Wasatch Hollow Open Space 2. Salt Lake City Open Space Master Plan 3. Salt Lake City Sustainability Plan Recommendations 4. Salt Lake County Natural Areas Land Management Plan „A- 5. Emigration Creek Riparian Corridor Study Management Plan 6. Wasatch Hollow Community Park Master Plan • - Several of the key adopted standards and policies relevant to WHOS are listed below: 1. Existing Wasatch Hollow Community Park Rules 2. Salt Lake City and Salt Lake County Animal Control Ordinances 3. Salt Lake City Riparian Corridor Ordinance Summary o f A d a pt i ve Management Strategies 4. Salt Lake City Open Space Lands Ordinance Table 2 summarizes the fundamental goals and relevant 5. Salt Lake County Water Quality Stewardship Plan policy standards for the plan, as well as outlines the adaptive management strategies and monitoring activities required to 6. Salt Lake County Open Space Management Plan achieve the stated goals. 7. Utah State Water Quality Standards 8. U.S. Clean Water Act 9. U.S. Endangered Species Act 10. U.S. Secretary of the Interior's Guidelines for Historic Preservation ® 411 Comprehensive Restoration,Use,and Management Plan 3.- Table 2. Summary of Adaptive Management Strategies for the WHOS Comprehensive Restoration,Use,and Management Plan. Policy and Management Standards _ onitoring Goal 1:Restore and Protect the Emigration Creek Riparian Corridor and Adjacent Open Space Area. A. Improve Water Quality • No disturbance within 25 feet of AHWL(excludes designated bridges). 1. Collaborate on all proposals for 1. Education.signage,and soft patrol • Limited structures between 25-50 feet restoration,management,and with information on water quality of AHWL such as interpretive signs, maintenance practices within WHOS. and discouraging non-compliant trails,boardwalks,and benches. 1. Meet Riparian Corridor Ordinance. 2. Staff observation of vegetation uses. • Reduce compaction and bank 2. Meet the Best Management Practices conditions and user-created trails 2. If not successful,setup fines and erosion by eliminating user-created and implementation projects with weekly spot checks. formal permitting process for WHOS. duplicate footpaths. recommended in the Emigration 3. Staff maintenance monthly to 3. Redesign trails and access points • Develop designated access locations Creek Riparian Corridor Study address problem spots. and use education,signage and soft and close/restore all other access Management Plan. 4. Reporting by trained volunteers at patrol to guide behavior towards points. 3. Support intent of Open Space Lands least 4 times per year(quarterly). compliance. • Address culverts and drains to creek, Master Plan. 5. Measure changes in water quality 4. If not successful,ticket violators and as well as runoff and sedimentation. 4. Meet Utah State water quality (e.g.,turbidity,temperature,a-soli, increase enforcement. • Re-establish riparian floodplain and standards. coliform,and dissolved oxygen). 5. If not successful,redesign trail, de-silting meadows. 6. Use data to identify target areas for fencing,or access points. • Eliminate existing septic system at restoration,protection,signage,or 6. If not successful,consider closing acquisition site. enforcement operations. trails or access points. • Re-connect Wasatch Hollow Spring. • Allow Emigration Creek to meander. 1. Easement shall protect the purpose of WHOS and its conservation values. B. Provide Habitat for Wildlife 2. Correct easement violations 1. Staff observations of compliance • Establish Conservation Easement immediately. with easement using weekly spot Documents. 3. Establish 2010 Baseline Conditions checks. • Restore natural ecological processes. for wildlife. 2. Staff maintenance monthly to • Restrict and prevent disruptive 4. Maintain viable populations of address problem spots. uses(e.g.,light and noise pollution, indicator species for fish,migratory 3. Staff monitoring report 4 times a 1. Assess limiting factors and mitigate paintball/air soft,dumping of neo-tropical birds,and desirable year(quarterly)at problem spots. as needed,which may include refuse,tree cutting/fort building, terrestrial species that are likely to 4. Monitoring report of easement increased buffer,improved controls, campfires.camping.squatting). thrive. compliance by easement holder or seasonal/permanent closures. • Focus on species most likely to 5. Achieve no visible trace of previous annually. thrive. conditions. 5. Monitoring report 4 times a year • Promote"leave no trace"ethic. 6. Follow restoration and maintenance (quarterly)by trained volunteers • Improve habitat to increase diversity recommendations of the Salt Lake 6. Consider conducting extensive of permanent and seasonal wildlife. County Open Space Management Plan breeding bird survey. and the Emigration Creek Riparian Corridor Study Management Plan. 0 0 • Wasatch Hollow Open Space Management Strategy Policy and Management Standards Monitoring Adaptive Management Action C. Restore and Protect Native 1. Meet the Best Management Practices 1. Allow access on designated trails and 1. Staff observation of corridor Vegetation recommended in the Emigration use permeable fences(such as split • Close sections of the Emigration Creek Riparian Corridor Study conditions with weekly spot checks. rail)for restoration closures. Creek riparian corridor for Management Plan,Salt Lake County 2. Staff maintenance monthly to 2. If not successful,consider closing restoration projects with fencing and Natural Areas Land Management address problem spots. access. warning/education signs. Plan,and the Salt Lake County Water 3. Staff monitoring report 4 times a 3. If successful,consider removing • Control and eliminate noxious and Quality Stewardship Plan. year(quarterly)at problem spots. fence. Leave restoration fence in invasive species. 2. Support the intent of the Open Space 4. Monitoring report 4 times a year place if necessary. • Limit public access to sensitive areas Lands Ordinance. (quarterly)by trained volunteers. 4. Education,signage,and soft patrol. 5. Include weed reporting with (e.g.,use natural barriers or fences, 3. Reduce noxious and invasive weeds 5. Enforcement and ticketing of vegetation plot monitoring. limit access by dogs,minimize each year from previous year's level. violations. Increase enforcement if footpaths,curtail encroachments). 4. Meet standards and maintenance 6. Use data to identify target areas for conditions deteriorate. • Replant understory and overstory recommendations of the Salt Lake education,signage,or enforcement 6. Increase weed management efforts riparian vegetation. County Weed Abatement Program. operations. until conditions are sustainable. Goal 2.Establish Clearly Defined Boundaries to Prevent Encroachment and Foster Respect for Public and Private Lands. A. Protect Open Space Property • Reduce risks from liability(e.g.,non- permitted activities). • Prevent encroachment of private property onto WHOS(e.g.,no 1. Legal enforcement of open space dumping of refuse). rules,animal control ordinance,and 1. Staff observations of compliance • Establish buffer zones between all applicable laws and regulations. using weekly spot checks. 1. Include recommendations in annual WHOS and private property 2. Uphold new regulations as identified 2. Annual reporting of enforcement report until objectives are met. efforts and results. (e.g.,purchase land from willing and adopted. neighbors). • Establish clear boundary lines(e.g., improve signage,implement natural ban iers). 1. Gather baseline data of crime and B. Regular Monitoring of Violations 1. 95° compliance with local laws and nuisance reports. • Provide adequate enforcement(e.g., open space regulations. 2. Track ticketing and law enforcement 1. Include recommendations in annual personnel,penalties for violations) 2. 90 neighbor satisfaction with in database. report until objectives are met. conditions. 3. Monitoring report 4 times a year (quarterly)by trained volunteers. O Management Strategy Policy and Management Standards Monitoring Adaptive Management Action C. Protect Private Property • Prevent trespassing and protect private property values(e.g.,protect 1. Education,signage,and soft patrol. aesthetic values,limit noise,allow 1. 95%compliance with local laws and 1. Gather baseline data of crime and 2 If not successful,ticket violators and only natural open space compatible open space regulations. nuisance to neighbors. increase enforcement. activities). 2. 90%neighbor satisfaction with 2. Track ticketing and law enforcement 3. If not successful,redesign or • Prevent annexation of private conditions. in database. reallocate access. property. 3. Prevent measurable damage to 3. Monitoring report 4 times a year 4. If not successful,consider closing • Install perimeter fencing where properties. (quarterly)by trained volunteers. necessary to prevent trespass. access point or area. • Post open space rules at each access location. A. Provide Public Access 1. Manage types of use,areas of use, 1. Education,signage,and soft patrol. • Close WHOS to public after dark. and user numbers to maintain no 2. If not successful,ticket violators and • Prohibit dogs and limit public access 1. Staff observations of compliance degradation of resources. increase enforcement. to"loop"footpath in North and 2. 95%compliance with local laws and using weekly spot checks. 3. If not successful,redesign or Central Areas. 2. Track ticketing and law enforcement open space regulations. reallocate access. • Allow dogs on-leash only and 3. 90%neighbor satisfaction with in database. 4. If not successful,consider closing limit public access to designated conditions. 3. Monitoring report 4 times a year access point or area. footpaths in South Area. (quarterly)by trained volunteers. Close and re-vegetate duplicate 4. 100%compliance with conservation 5. Include recommendations in annual • footpaths. easement document. report until objectives are met. B. Provide Educational Access • Utilize WHOS as"outdoor classroom"(e.g.,interpretive art, markers,signs,education center, 1. Write interpretive strategy to partner with schools and colleges). provide sufficient media and • Allow development of a LEED programs to encourage proper stewardship. 1. Revisit interpretive strategy and certified educational facility and 2. Require one education/outreach 1. Survey partners annually to gauge apply new interpretive methods outdoor classrooms in the Southeffort annually from partnership effectiveness of interpretation. annually. Area. • Increase historical awareness. groups. • Install historical,cultural,and 3. Provide regular opportunities for educational interpretive elements. nature interpretation. • Create awareness of detrimental behavior. Wasatch Hollow Open Space Management Strategy Policy and Management Standards Monitorin., Adaptive Management Action C. Provide Access for Research • Monitor conditions over time(e.g., 1. Establish 2010 Baseline Conditions 1. Perform at least one comprehensive citizen science,graduate theses, for vegetation,wildlife,and water monitoring event annually 1. Use results to identify priority class projects). quality. (preferably quarterly). projects and recommendations. • Complete habitat health assessment to identify threats and opportunities. Goal 4.Increase Safety by Reducing Risks on Both Public and Private Land A. Enhance Public Safety • Curtail illegal activity(e.g.,drugs, 1. Gather baseline data of crime and 1. Education,signage,and soft patrol. squatting). 2. If not successful,ticket violators and Provide adequate enforcement(e.g., 1. 95%compliance with local laws and nuisance to neighbors. increase enforcement. • open space regulations. 2. Track ticketing and law enforcement regular walkthroughs,more patrols, 2. 90%neighbor satisfaction with in database. 3. If not successful,redesign or volunteer or staff for education andreallocate access. conditions. 3. Monitoring report 4 times a year enforcement,enhance public access, 4. If not successful,consider closing consider CPTED in certain areas). (quarterly)by trained volunteers. access point or area. • Remove abandoned house. 1. Install regulation and interpretation B Reduce Risks from Liability 1. Staff observations of compliance Reduce risk of injury on WHOS signs and maintain in readable using weekly spot checks. • (e.g.,remove ropeswings, condition and good repair. ro2. Surveyusers about knowledge p pe g ' 2. Update signs to include new g dogs on leash or restricted,reduce of information on signs to gauge 1. Change the number of signs, fire risks). regulations and information to effectiveness. location,design,or readability. • Reduce risks to private landowners support stewardship goals. 3. Survey partnership groups annually 2. Include recommendations in annual 3. Legal enforcement of open space (e.g.,establish clear boundaries and rules,animal control ordinance,and to see if signs are addressing their report until objectives are met. buffer zones,discourage trespassing, concerns and issues. all applicable laws and regulations. encourage private property 4. Annual reporting of enforcement 4. Uphold new regulations as identified protection). and adopted. efforts and results. 1. Coordinate with the Unified Fire Authority. 1. Implement fuels modification as C Reduce Risks from Wildfire 2. Identify fire-prone conditions. • Conduct a wildfire hazard assesment. 3. Identify fuel breaks appropriate. 1• Perform a wild • Implement mitigation measures to 4. Locate adjacent structures fire hazard assessment 2. Develop a fire response and reduce wildfire hazards and risks to 5. Identify emergency access monitoring event annually. evacuation plan as necessary. adjacent properties. 6. Identify water sources 3. Educate homeowners to implement defensible space concepts. 7. Determine appropriate mitigation strategies. GO • Comprehensive Restoration.Use.and Management Plan 4 i Management Strategy Po cyan. ranagementStandards Monitorng A•a• a anagemerttA ion Goal 5.Foster Cooperation and Collaboration Among Stakeholders in Stewardship of the WHOS to Ensure Sustainable Long-Term Management. A. Promote Community Stewardship and Co-Management • Involve neighboring property owners,local community youth 1. Revisit partnership agreements organizations,visitors,educational 1• Meet Salt Lake City standards for annually to set current year's goals. institutions,neighboring churches, managing boards and volunteers. 2 Conduct annual partnership survey 1. Rewrite partnership agreements and and easement holders(e.g.,promote 2. Stewardship partners must meet to gauge satisfaction with program park privileges if expectations are all conditions of their agreement g g n g p g p installation of native plants on and overall open space management. not met. private land,regular wildlife counts, annually to continue their use 3. Build tracking database of partners regular clean-up days,research privileges. and use for reminders. opportunities,community docent and interpreters,manage in perpetuity) B. Foster Relationships Between the City and Stakeholders • Improve communication,foster transparent decision making, and facilitate decision making 1. Meet regularly(quarterly)with stakeholders. partnerships with easement holders, 2 100%concurrence between partners. 1. Regular ranger/docent visits to across City offices,between City and observe conditions and to interact 3. Design and install restoration,use, community,between community with visitors. residents,and with experts and and management improvements as 2 Weekly volunteer steward presence. 1• Focus efforts on priority issues. agreed upon. other stakeholders(e.g.,Community 4. Build Public and Private Partnerships 3. Monitoring report by trained Council newsletters,website,regular volunteers. meetings,acquire expertise in for Stewardship,Education,Funding, decision-making,information sheet and Implementation. at entrances) • Consider creating a full or part-time WHOS docent. Q v Wasatch Hollow Open Space � Crime Prevention Through ` r.,:��� ; ; , * ,§ � � 11b6t,; Environmental Design (CPTED) ,` The term "Crime Prevention Through Environmental Design" (CPTED) describes a series of recommendations that when ':, . implemented in a physical space generally make that space safer for its users. Defensible space is the most important factor in developing CPTED principles. When visitors have a defensible space to use, this limits the opportunities for detrimental acts to take place. However, implementing CPTED principles will need to be carefully balanced with the purposes for protecting this natural area. Where feasible, CPTED principles should be implemented when they promote appropriate uses and do not conflict with prohibited uses as defined in the conservation Natural Access Control easement. The following principles of CPTED are recommended for the WHOS study area. Natural access control refers to the differentiation of public and private spaces. When appropriate access locations are delineated Natural Surveillance it removes the need for trespass through inappropriate spaces. This also increases legitimate uses in these areas. Examples may Natural surveillance refers to the design of a space that increases include using clearly identifiable points of entry and constructing the opportunities to see spaces and their surroundings. Not only built or natural structures to divert persons to appropriate places does this allow a visitor to see if potential risks might exist by of use. minimizing hiding places, it also encourages positive use of the space by many visitors. Having many legitimate visitors in a Natural Territorial Reinforcement space makes it safer for all. Examples may include clearing of invasive and non-native species that create hiding spaces and Spaces that are well designed and maintained present a sense providing safe access for all visitors into a wide variety of areas that a space is being consistently occupied. Although this often (may also include ADA access). applies to private spaces, the concept can be applied to public spaces as well. Examples may include placing amenities such as seating to help attract users to an area and programming or scheduling spaces to increase legitimate uses. CO © Q • Comprehensive Restoration,Use,and Management Plan 43 workshops, all of which are described in detail below. A detailed Pu b I i c I n v o I v e m e n t list of public and agency outreach efforts is included in Table 3. and Input Structured Decision-Making Process The planning process for the WHOS Comprehensive Restoration, This effort is the result of a participatory planning process Use, and Management Plan relied on regular review and input from City staff, the consultant team, agency representatives, initiated by Salt Lake City to inform the design and management community stakeholders, and the general public. These efforts of the 10-acre WHOS property (Arvai and Wilson 2010). Given included implementation of a strategic decision-making process, the diverse and strong interests of various stakeholders in the facilitation of stakeholder meetings, and facilitation of public planning process, it was important to utilize a deliberative and structured decision making process to accurately identify Table 3. Summary of Public and Agency Outreach and Involvement. Date Meeting Location Attended 7/29/2009 Introduction of the WHOS Planning Process Foothill Anderson Library 20 8/31/2009 Stewardship Training Program Salt Lake City PD 7 10/10/2009 Wasatch Hollow Open Space Community Cleanup Wasatch Hollow Open Space 23 1/19/2010 Strategic Decision Making Process 3 Meetings City and County Building 14 1 1 1/20/2010 Strategic Decision Making Process 4 Meetings City and County Building 12 8 2 5 1/21/2010 Strategic Decision Making Process 2 Meetings City and County Building 13 14 1/22/2010 Strategic Decision Making Process 1 Meeting City and County Building 3 1/26/2010 Strategic Decision Making Process 1 Meeting City and County Building 2 2/22/2010 Kids Meeting to Identify Vision Foothill Anderson Library 16 4/20/2010 Potential Management Alternatives Presentation Foothill Anderson Library 13 4/23/2010 Uintah Elementary School Presentation Uintah Elementary School 500+ 5/6/2010 First Review of Conceptual Management Alternative Drafts Foothill Anderson Library 14 6/22/2010 Second Review of Conceptual Management Alternatives Drafts Foothill Anderson Library 43 9/16/2010 Presentation of Draft Restoration,Use,and Management Plan Foothill Anderson Library 40 10/21/2010 Planning Open House for Final Draft Plan City and County Building 5 T -- 44 Wasatch Hollow Open Space stakeholder values and objectives, and to ensure the plan reflects • Representatives of the Salt Lake City Open Space Lands these values and objectives. A list of stakeholder groups was Advisory Board, Salt Lake County, and Utah Open Lands created and included City staff, community members living near the WHOS property, neighboring churches and schools, Salt • Content area experts (e.g., ecologists, ornithologists, Lake City Open Space Lands Advisory Board members, and planners, and engineers) content area experts (e.g., ecologists). A series of stakeholder meetings and public workshops were facilitated by the consultant Public Workshops team to help identify planning goals and objectives, design performance measures, and potential design and management alternatives for the WHOS property. A report was prepared and A series of public workshops were facilitated by City staff and is included as Appendix B. the consultant team during the planning process. Public input was sought during issues identification, goals and objectives development, design performance measures creation, and Stakeholder Meetings conceptual alternative management strategies review. A draft of the Comprehensive Restoration, Use, and Management Plan was Stakeholder meetings were held throughout the planning process prepared and presented to the public at the final public workshop. as needed. A majority of these meeting occurred during the strategic decision-making process, while others were held during the development of management alternatives. The various - stakeholder groups that were utilized included the following: II ij_ — • Representatives of Salt Lake City Corporation (e.g., Salt Lake City council, Office of the Mayor, Police, Parks, and II Open Space Lands Program) _.._ . if Ir _- • Community members living around the WHOS property (including members of the Wasatch Hollow Community le P o,, Council) Ner• Representatives of neighboring institutions (e.g., Westminster ' -IV t College, Clayton Middle School, Rocky Mountain Power, ,�' the Church of Jesus Christ of Latter-Day Saints, Wasatchjr, ,t C Presbyterian Church) , _ • a •aitheek Eliminate Unauthorized Footpaths amik • This project involves the closure and landscape rehabilitation of unauthorized and duplicate footpaths throughout the WHOS property. Closure would include implementing the necessary pedestrian traffic controls to prevent re-use, such as boulders, Organizing improvement projects into phases is an integral brush piles, signage, and fencing (if necessary). Any required element and strategy for implementation of restoration and fencing should be a natural finished two or three-rail wood type management solutions proposed in this master plan. This (e.g., split-rail) or temporary welded wire fencing on t posts. approach is beneficial for fundraising of proposed facility Rehabilitating the landscape would include grading, drainage, improvements and restoration activities, which when divided seeding, planting, and mulching activities. There are a total of into smaller sub-projects are responsive to budgeting constraints approximately 3,200 feet (0.6 miles) of redundant secondary and allow for pilot testing of proposed measures when necessary. and user created trails that are recommended for closure within Effective recommendations can then be replicated in subsequent and adjacent to WHOS property. Estimated costs for designing phases. This phased implementation strategy works hand-in- and implementing the unauthorized footpath closure and hand with the adaptive management nature of the WHOS master rehabilitation project: $10,000 to $20,000. plan,thereby protecting the property's current value to citizens and wildlife while acknowledging that its potential far exceeds Develop Access Locations current conditions. Controlled access locations are important to guide visitors to This section provides approximate quantity and cost information appropriate locations to enter the WHOS property. This will for the capital improvement projects identified as part of prevent trespass onto neighboring properties as well as protect the recommended plan. These estimates are for materials sensitive vegetation and wildlife habitats. Development of an and installation costs only. Implementation of these capital access location includes the following potential amenities. It improvement projects will entail expenses for site-level plan is recommended that an informational kiosk with wayfinding design, engineering, permitting, monitoring, and maintenance in information, with a concrete pad to provide a location for the addition to the costs provided below. These additional expenses kiosk and act as a transition between the sidewalk and the WHOS may add 20 to 30 percent to the costs presented. Additionally, property be provided. Seating and artwork may also be located it is anticipated that quantities and approaches may vary once at these access points and are discussed as part of other capital site-specific design work is initiated for a given project. All cost improvement projects within this section. estimates are given in 2010 dollar values. For safety and security, decorative fencing to guide visitors to the appropriate access location is also suggested. The estimated © C) 0 s 4(, Wasatch Hollow Open Space costs listed below allow for one (1) signage kiosk, thirty (30) feet outflow point and Emigration Creek. The restored tributary of decorative fencing (may vary by location), and one (1) trash channel would be planted with native vegetation appropriate for and recycling receptacle at each location. Also included in the seep/spring areas that would enhance overall habitat diversity estimate is up to 300 square feet of concrete. It is also expected within the WHOS property. Costs for this project are difficult to that new plantings will be necessary to re-vegetate any disturbed estimate given that the precise location and depth of the spring area while the above items are installed. The estimate includes outlet are not currently known. Assuming a large quantity of fill twenty five (25)five gallon shrubs for that purpose. Estimated (about 500 cubic yards) will need to be removed and assuming costs of developing up to four access locations: $15,000 to about 100 feet of tributary channel would be restored, estimated $20,000 per location. costs for re-connecting Wasatch Hollow Spring: $10,000 to $15,000. If this project is implemented in conjunction with the Re-establish Riparian Flood p l a i n riparian floodplain re-establishment project described above, costs may be much lower because most of the fill would already This project would involve removal of artificial fill material and have been removed. streambank re-grading to establish a wider active floodplain along Emigration Creek. Such efforts would enhance vegetation Install Restoration Area Fencing and habitat diversity, improve water quality by creating areas of natural sediment deposition, and restore dynamic channel During active restoration projects, it will be necessary to prohibit processes. It is anticipated that these efforts would focus public access in these areas while vegetation is becoming primarily on the western bank within the Central Area of the established (usually 2 to 5 years). Construction of a decorative WHOS property, upstream of the area influenced by the backwater fence, such as a split rail fence, would fit the natural vernacular effect of the downstream culvert. Estimated costs for floodplain of the WHOS property. Welded wire fencing and metal re-establishment (assuming approximately 2600 cubic yards of t-posts can be used for more temporary fencing applications. earthwork and installation of bank stabilization and grade control Constructed in key areas, the fence could limit access to sensitive measures along 600 linear feet of stream): $80,000 to $120,000. areas and help control access at trail heads. Signs explaining the purpose of the temporary closure are also recommended and can Re-connect Wasatch Hollow Spring help educate the public about restoration activities. Estimated costs for installing restoration area fencing: $40,000 to $60,000. This effort entails removing fill material in the vicinity of Wasatch Hollow Spring in order to locate the natural spring Invasive Species Removal and Control outflow point. Assuming the spring outflow can be found, and that water rights are not encumbered, additional steps would This improvement measure involves phased control and removal involve ensuring the abandoned pipeline is completely capped of invasive plant species within the WHOS property using an and restoring a tributary channel between the natural spring integrated weed control strategy. Techniques include a mix of 0 0 CO physical, chemical, and cultural controls. Physical (mechanical) planting efforts (assuming 6 acres of re-seeding and installation controls involve hand pulling, disking, cutting, or mowing to of 300 containerized plants): $30,000-$40,000. remove plants or portions of plants. Chemical controls involve applying herbicides to weed infestations or cut woody stems Purchase or Accept Land Donations using best management practices. In areas near Emigration Creek, only herbicides approved for use near water would be from Willing Neighbors used. Cultural controls involve establishing vigorous, desirable plant species that are able to out-compete the invasive or noxious Emigration Creek and its associated riparian corridor meander weed species. The costs associated with cultural control re- in and out of the WHOS property along the eastern property planting efforts are described below under the "Re-plant and boundary, as well as along the east side of the Wasatch Hollow Restore Vegetation" project. Invasive species management Park property boundary. Without collaboration from adjacent within the WHOS property would be implemented in a phased property owners on restoration projects, restoration in these approach so that large areas are not left devoid of vegetative areas will be limited to only one side (the west side) of the cover. Estimated costs for one year (three separate treatments stream. In some cases, adjacent property owners in these areas per year) of mechanical/chemical invasive species removal may be willing to donate or sell a portion of their property that work over 3.3 acres (one-third of the WHOS property): $3,000 contains existing or potential riparian habitat. This would help to $5,000. Multiple years of treatment will be required for prevent trespass in these areas, as well as help make property long-term success. Long term weed management should focus boundaries more logical and enforceable. The City should work on early detection and rapid response to avoid future costs of with property owners in these areas in order to achieve more controlling infestations. comprehensive restoration projects. There is approximately one (1) acre of existing or potential riparian habitats adjacent to the Re-plant and Restore Vegetation WHOS eastern property boundary and approximately 0.5 acre of upland buffer adjacent to the Wasatch Hollow Park eastern This project involves re-establishment of native plants in existing property boundary. Estimated costs for purchasing or accepting disturbed areas, areas that currently lack shrub or understory land donations from willing neighbors: $00 to $30,000. cover, and areas where invasive plants have been removed. Re-vegetation efforts should generally be implemented in Establish Clear Property conjunction with other projects such as access control or bank Boundary Lines stabilization to ensure that the underlying cause of disturbance (e.g. uncontrolled foot traffic) has been addressed. Steps involved in revegetation projects include: adding or preparing Currently, approximately 45 percent (2,000 feet) of the WHOS topsoil; planting native vegetation using seed, containerized property boundary is fenced. Nearly all of the existing fencing is plants, and/or live stakes; and protecting the area with mulch or 6-foot high chain link and was constructed by adjacent property biodegradable erosion control blanket. Estimated costs for re- owners. Clearly designated property boundary lines are needed OCI) T Wasatch Hollow Open Space in those areas lacking fencing to prevent encroachments onto needed to teach school groups about environmental aspects of WHOS property and to protect private property from trespass. the WHOS property (e.g., vegetation, wildlife, water quality). It Where fencing is not needed or desired, natural barriers and perhaps could also include educational exhibits and interpretive signage should be implemented. Where fencing is required, tools and materials for both indoor and outdoor use. This facility a decorative fence, such as a split rail wood fence, should be is likely a one-room, single level facility with simple furnishings. considered. Estimated costs for establishing clear property For estimation purposes, the proposed educational facility is boundaries: $25,000 to $35,000. assumed to be a 12' story height constructed with fairly standard materials. The estimated cost for the facility includes the costs Site Amenities associated with design services and LEED certification (Salt Lake City requires that all new city buildings be LEED certified Site amenities such as artwork, benches, and directional signs at the silver level). Estimated costs for providing a one room should be installed throughout the WHOS property, where educational facility at approximately 1,000 square feet: $200,000 appropriate. These items provide a comfortable user experience to $300,000. by providing places of rest and important directional information. The estimate for the benches and signs is based on high quality Remove Abandoned House materials that, perhaps while slightly more expensive initially, and Associated Infrastructure have a lower lifetime cost due to their ability to successfully withstand weather and wear and tear. Well maintained This project involves the removal of the abandoned house and equipment is an important factor in maintaining a property associated infrastructure within the Central Area. Infrastructure that has a perception of being safe. Artwork can be added to access locations and throughout the site to help develop a sense to be removed would include the existing septic system, gazebo, of identity and educational opportunities. Often artwork is irrigation system, lighting, sidewalks, patios, garage, and respected and deters vandalism; however artwork is usually more outbuildings. Existing utility infrastructure (e.g., water, power) effective in helping to showcase a place as a well maintained connections that service the site would be preserved in case and often used space. A cost estimate for artwork is difficult to they are needed during restoration projects. The existing house accurately estimate as the price for each piece will vary widely would be demolished and disposed of following applicable on the scale and materials used. Estimated costs for providing regulations. Estimated costs for removing the abandoned house appropriate site amenities: $90,000 to $120,000. and associated infrastructure: $40,000 to $80,000. One-Room Educational Facility Develop New Footpaths Many have suggested that a small-scale educational facility may Properly constructed footpaths are essential in controlling be a nice amenity for the site. This facility could be staffed as- access and impacts throughout the WHOS property. Many of the proposed footpaths follow existing user created trails that O 0 Comprehensive Restoration,Use,and Management Plan 49 were not properly constructed. A hierarchy of footpaths should vegetation, boulders, and other amenities will vary depending on be established for the WHOS property. In general, a primary the location of the classroom. Estimated costs for three outdoor footpath (e.g., the proposed on-leash footpath) may handle classrooms: $25,000 to $30,000. most of the foot traffic through the WHOS property with a recommended 8 to 10 foot-wide tread. Primary footpaths should Install Interpretive Signage have a crusher-fines type of tread surface and also provide maintenance vehicle access to the WHOS property. Secondary As the majority of WHOS visitors will not be a part of a formal footpaths provide safe opportunities for visitors to explore the group, interpretive signage is an important educational feature. WHOS property with a recommended 2 to 3 foot-wide native soil The signs can help visitors learn about the natural features of or crushed fines if appropriate. Estimated costs for 1,300 feet of the WHOS and why it is important to restore and protect them. primary footpath and 3,700 feet of secondary footpath: $30,000 Well built and well maintained signs are important to providing a to $50,000. positive experience for users. Each interpretive sign is proposed as one 36" x 24" sign mounted on a pedestal. Final costs per Install New Bridge sign may vary greatly depending on the number of signs ordered, as generally the cost per sign will decrease with larger orders. One single-span footbridge is proposed to cross Emigration This estimate also includes design fees for an overall interpretive Creek to connect footpaths from the South Area to footpaths in plan and for graphic design of each individual sign. Estimated the Central Area. Salt Lake City has a railroad flat-car bridge costs for installing ten (10) interpretive signs mounted on that can be refurbished and re-located to the WHOS property. pedestals: $30,000 to $45,000. The bridge will require installation of railings, signage, decking, and abutments. There are opportunities to work with local artist Stream Cleanup and stakeholders for fabrication of artistic or interpretive siding. Estimated costs for refurbishing and relocating the 80 foot-long This measure involves organizing a group of people to pick up pedestrian bridge: $30,000 to $50,000. trash along the Emigration Creek riparian corridor within the WHOS property. Planning a cleanup event involves selecting a Establish Outdoor Classrooms date, publicizing the event and recruiting volunteer help, making arrangements for proper disposal and recycling of the collected Outdoor classrooms will provide locations for small groups to trash, and obtaining supplies via purchase or donations (trash learn more about the natural features of the WHOS within its bags, first aid kits,waders,water/refreshments, etc.). Estimated context. Designated gathering spaces will protect vegetation and costs for a one-time stream cleanup event: $1000-$1500. habitat from harm that may otherwise be caused by impromptu off trail congregating. Each outdoor classroom includes seating for up to twenty (20) people. Other costs such as earthwork, re- 0 0 _ Wasatch Hollow Open Space power lines that traverse the property. The City and RMP have Reduce Wildfire Hazards identified species to target for removal, as well as the desirable vegetation that will be compatible underneath the power lines. Wildfire management is an important component of managing The City has agreed that RMP will target the fast growing and and maintaining the WHOS property as a natural area. Wildfire nonnative invasive trees beneath the power lines for removal and is a natural process that is often necessary to maintain healthy phase in a replacement process over time with compatible native ecosystems, but it also presents a hazard to nearby residents. trees conducive to the long term master plan. Appropriate management strategies will include maintenance of vegetation and public education. The first step will be to The City and RMP have discussed and will implement best conduct a wildfire hazard assessment for the WHOS property management practices (BMP's) for access locations,vegetation in coordination with the Unified Fire Authority. Follow-up clearing crews, ways that RMP can reduce the amount of heavy steps will include implementing proposed mitigation measures equipment that enters the WHOS property, and the number of such as fuels modification,fire response and evacuation visits to conduct maintenance work. These BMP's will minimize guidelines, and homeowner education. Fuels modification visual impacts and promote leaving brush on site, lopped and could consist of removing non-native species, thinning of trees scattered, to block use of areas identified for closure. This will and shrubs, removing dead fuels, developing fuel breaks, and/ also incorporate trail feathering and baffling or staggering the or mechanical treatments. Estimated costs for annual wildfire brush to break up any unnatural edges or to block other forms of hazard assessments and homeowner education activities: $1,000 access where needed. The City and RMP have also discussed the to $2,500. Costs for implementation of proposed mitigation notification process for the next time RMP is in the area and that measures will depend upon the results of the wildfire hazard both parties could meet to do a thorough site review to identify assessments. and explain any necessary work before crews begin. The City and RMP agreed on the importance of communicating to the Coordinate with Rocky Mountain public all proposed vegetation management activities within the WHOS property to allow for feedback and opportunities to Power discuss any concerns or questions. Costs for this effort are part of regular staff management budgets. The City acknowledges its working relationship with Rocky Mountain Power (RMP) on the WHOS property. The City understands that RMP has an obligation to ensure delivery of Bicycle Use power to its customers and is willing to work with RMP in regard to management of vegetation within its easement on In general, bicycle use will be limited to the primary footpaths WHOS property. The City also understands that RMP follows a (e.g., the proposed on-leash footpath) within WHOS to allow 3-year cycle approach to managing vegetation for the overhead for neighborhood residents to traverse the property safely or power lines and achieving basic clearance requirements for the to access Wasatch Hollow Park. The primary footpaths are recommended to have an 8 to 10 foot-wide tread of crusher-fines 0 O (;) Comprehensive Restoration,Use,and Management Plan 51 that can support this type of use. Bicycle use and BMX activities will be prohibited in all other areas of the WHOS property to protect sensitive resources and to preserve footpath integrity. Costs for this effort are part of regular staff management budgets. 11111 411 • Wasatch Hollow Open Space References Cited At Arvai J. Wilson R. 2010.A structured approach for involving local stakeholders in design and management decisions for the Wasatch Hollow Open Space area. 33 p. BIO-WEST, Inc. 2010. Salt Lake City riparian corridor _''°" s,, study-final Emigration Creek management plan. 81 p. plus attachments. ` ` Dixon R.W. 1997. From Emigration Canyon to City Creek: + Pioneer Trail and Campsites in the Salt Lake Valley in 1847. Utah Historical Quarterly 65(2): 155-164. [DWQ] Utah Department of Environmental Quality, Division of [USU] Utah State University,Water Quality Extension. 2003. Water Quality. 2006. Utah 2006 integrated report volume I - Utah State University cooperative extension. Utah stream 305(b) assessment. Salt Lake City (UT): DWQ. 342 p. team water education and water quality monitoring program manual. Logan (UT): USU. 294 p. Krueper D.J. 1993. Effects of land use practices on western riparian ecosystems in status and management of neotropical Utah and Wyoming. 1990. Geology of the Salt Lake City 30' migratory birds. In: Finch D.M., Stangel P.W., editors. Status x 60'quadrangle, north-central Utah and Uinta County, and management of neotropical migratory birds. General Wyoming. Bryant B. Salt Lake City (UT): U.S. Geological technical report RM-229. Fort Collins (CO): U.S. Forest Survey. Miscellaneous Investigations Series Map I-1944. Service. p. 331-338. scale 1:100,000. Morris A.E.L. 2007. Wasatch Hollow Emigration Creek corridor baseline documentation. Salt Lake City (UT): Utah Open Lands 31 p. [SLCO] Salt Lake County. 2009. 2009 Salt Lake countywide water quality stewardship plan. Salt Lake City (UT): Salt Lake County. O 41 411 Comprehensive Restoration,Use,and Management Plan :\ppendu Appendix A Structured Decision-Making Report 0 1.0 a, ti v C c c V ti '1 Comprehensive Restoration.Use,and Management Plan Appendix. Appendix B Baseline Documentation Report Co kid • Appendix B Wasatch Hollow Open Space • • • MEMORANDUM DATE: August 4, 2011 TO: City Council Members FROM: Russell Weeks, Jennifer Bruno RE: Briefing: Proposed Interlocal Agreement to Hire a Consultant for a Convention Hotel Project CC: Cindy Gust-Jenson, David Everitt, Ed Rutan, Ben McAdams, DJ Baxter, Bob Farrington, Gina Chamness, Wilf Sommerkorn, Gordon Hoskins,Mary Beth Thompson, Karen Halladay, Janice Jardine This memorandum pertains to a briefing by Mayor Ralph Becker's Administration about a proposed interlocal agreement between Salt Lake City and Salt Lake County. The briefing is scheduled for the City Council's work session August 9. Under the proposed agreement the City and Salt Lake County would share the cost of hiring a consultant to prepare a request for proposals for a convention center hotel in downtown Salt Lake City. The proposed agreement is scheduled for an"information only" briefing, according to the transmittal letter from the Administration. If the agreement is adopted,the company awarded the contract would be expected to: o Assist Salt Lake City and Salt Lake County in helping develop a convention center hotel using a `privately led financing model." o Work with the City and County regarding issues and options related to a site selection process, incentive structure, contract documentation, and the potential structure of a deal to build a convention center hotel. o Advise the County and City on the development of a convention center hotel. o Advise the City and County on a request-for-proposals process for developing a convention center hotel and write the request for proposals. o Work with the City and County, advise them, and represent them during contract negotiations for the"location selection/land acquisition, financing and development of a convention center hotel."' According to the draft, "The City and County prefer a compensation plan that is commission- based upon a successful contracted and funded convention center hotel project; however we are open to any and all alternative plans that may be proposed."2 OPTIONS Council staff will prepare options after the August 9 briefing. 1 POTENTIAL MOTIONS Council staff will prepare motions when the City Council calendars the proposed agreement for formal consideration. ISSUES/QUESTIONS FOR CONSIDERATION o When might the City Council expect to see a formal proposal to consider adopting the proposed interlocal agreement? o Does awarding a contract to a consultant mean that a convention center hotel definitely would be built,or are their places in a process where the project could end if it is in the public's best interest? o Does a preference for a compensation plan that is commission-based upon"a successful contracted and funded convention center and hotel project"mean that a company awarded a contract to advise Salt Lake City and Salt Lake County and to represent them in various negotiations would not be paid until after a site is selected,and money is secured to build a convention hotel? o Would a commission be a fixed figure or a percentage of the completed project? o What other payment plans might be available to the County and the City to consider, particularly if a convention center hotel is not built? o The term of the agreement between the City and the County is the length of the consultant's contract or no more than five years.In what instances would a consultant work on the project for five years? o The draft request for proposals indicates that"research suggests"a convention center hotel would provide near-term construction benefits and long-term economic benefits. The request goes on to say,"The construction benefit is estimated to be 4,270 jobs and $214 million in eamings."Would it be possible to break the figures down into near-term construction jobs and earnings and permanent jobs and earnings? o What is the total estimated cost of the project? o What is Salt Lake City's expected financial participation in the project? o How soon would Salt Lake City officials know the amount expected of the City's financial participation so they can consider the fiscal effect of such a project on current and future City revenue and other projects? o If bonding becomes necessary,what effect would a convention center hotel have on the City's capacity to bond for other municipal projects? BACKGROUND/DISCUSSION As indicated earlier in this memorandum,the Administration has requested an information only briefing on a proposed interlocal agreement between Salt Lake City and Salt Lake County.The agreement would have the City and the County share costs for a consultant to prepare a request for proposals for parties interested in building a convention center hotel near the Salt Lake Convention Center.No site for a hotel has been selected,and no method of financing a project for a hotel has been explored in significant detail beyond considering other cities'financial models. The proposed agreement contemplates hiring a consultant not only to prepare a request for proposals for parties interested in building a convention center hotel,but also to work with the City and County,to advise them,and to represent them during any contract negotiations involving site selection, land acquisition,financing and developing a convention center hotel. 2 The three main reasons given for building a convention center hotel are: o Salt Lake City is in a position to lose market share of conventions to seven Western cities that Salt Lake City competes with for many conventions. The seven cities are Denver, San Diego, San Antonio, Phoenix, Reno, Anaheim and Los Angeles. All of them except Salt Lake City have convention center hotels.3 o The Salt Palace Convention Center expansion in 2005-2006 increased exhibit space and • meeting space significantly, but the lack of a convention center hotel has been a factor in limiting the size of conventions that use the space. The mid-decade expansion increased exhibit space from 364,000 square feet to 515,000(41 percent)and meeting space from 97,000 square feet to 160,000 square feet(65 percent). The expansion could hold conventions averaging 10,000 to 12,000 delegates, but conventions at the Salt Palace attract an average of 5,000 to 7,000 delegates.4 o A convention center hotel of between 850 rooms to 1,000 rooms could result in a direct economic impact of$90 million a year, and direct impacts to Salt Lake City businesses outside a convention center hotel could be $60 million a year.5 The projected total economic impact could be higher if indirect or other impacts are considered. FINANCING The bulk of financing plans have revolved around ideas similar to a policy statement by the Salt Lake Chamber Executive Board. The statement says in part, "The Salt Lake Chamber support policies and projects that help grow Salt Lake's convention industry including the development of a convention center hotel that utilizes a privately-led financing model. Public financial support should be devoted to a public purpose, be limited and be consistent with financing used for other significant privately-led projects in Salt Lake. "6 In considering a convention hotel, potential sources of public revenue that have been identified include the use by Salt Lake County of transient room taxes and redevelopment agency or community development area property tax increment and redevelopment agency or community development tax increment and the municipal transient room tax by Salt Lake City.' One financial model that has been considered is one used in Nashville,Tennessee, in which public funds were used to build public spaces such as parking garages and meeting rooms. The public spaces then were leased back to a private developer who financed the rest of the project from private- sector sources.8 Two things should be noted. First, most convention center hotels are public-private projects. Second, according to the Administration, if a consultant were hired, the company would be asked to review and analyze all relevant financing techniques that might be used.' Questions the City Council may wish to consider include: o What is the expected amount of the City's financial participation in a convention hotel project? o What effect on City revenues, City services, and other projects would a convention center hotel have, near-and long-term? o If bonding becomes necessary, what effect would a convention center hotel have on the City's capacity to bond? 3 CONVENTION HOTEL PUBLIC POLICY Building a convention center hotel has been a factor in planning and economic development considerations in Salt Lake City for some time. The 1962 Second Century Plan said,"If a new hotel could eventually be supported in the Downtown,it is proposed that this would best be located in the block facing both the Convention Center and Visitor Center."°Ultimately,the Salt Lake City Marriott Downtown was built at 75 South West Temple. The 1988 Regional/Urban Design Assistance Team Study said,Salt Lake City should,"Recognize the interrelationship"between a burgeoning west downtown arts district"and the hotels of the convention center area."'' The R/UDAT Study also said,"During the planning process for the new arena expansion of the Salt Palace,it may be possible'to identify a contiguous site for an adjacent convention hotel facility that would enhance the attractiveness of the complex to visiting groups.."12 The 1995 Salt Lake City Downtown Plan provided the following goal and objectives for public investment in infrastructure:Page 7 "Goal: Establish a long-term Downtown public investments plan that will guide public funds into programs and activities to encourage private investment and assure the livability of the community.s13 Objectives: "Investment—Direct public funds to those areas that will stimulate private investment and maximize public return. "Desirability—Invest in those projects,programs and activities that solidify and promote the desirability of Downtown as a place to live,work,shop,and play. "Partnerships—Expand available public financing options through partnerships and other governmental interests.s74 Another goal in the plan is to:"Concentrate and develop those public facilities and associated cultural,recreational,and entertainment activities and opportunities that make Salt Lake one of the greatest of cities." An attendant objective of the goal is:"Establish Downtown as a recognized destination for tourism and a convention center."An"action concept"stemming from the goal and objective is:"Focus hotel rooms and convention facilities downtown."" The next Salt Lake City discussion of large hotels occurred during Salt Lake City Redevelopment Agency consideration in 1996 of building a 260-room,business-traveler oriented hotel on the east edge of Gallivan Plaza. One part of the RDA consultant's study said: "Due to an expected significant increase in new room supply over the next five years,we are projecting occupancy levels in both the downtown and metropolitan areas to decrease.It is highly likely that new construction in suburban areas will over-build available demand,causing a decline in occupancy to the low 60's(60 percent occupancy)or below.The barriers to entry in the downtown market should prevent massive over-building,and two hotels are projected to expand to over 1,000 rooms each.This should allow the downtown market to generate new large convention demand which does not currently use Salt Lake City due to a lack of a headquarters hotel.s16 4 • It should be noted that only one relatively large hotel was built after the report was published,the 775-room Grand America Hotel at 555 South Main Street. Although the Downtown Rising study published in March 2007 did not include a convention center hotel as part of its recommended signature projects, a hotel next to the convention center has risen as a focal point of study in the last couple of years. Salt Lake County,through Visit Salt Lake commissioned a study in 2005 on the competitiveness of Salt Lake City with other markets, and in February 2010 released a second study, titled Salt Lake City Convention Hotel Comparative Performance Economic Review Phase— 1 Report. The study, by the University of Denver and STR Analytics, sought to quantify the potential impact on existing hotels in Salt Lake City by examining how hotels performed in comparable markets before and after a convention center hotel opened. In nine markets with convention center hotels built in the last 10 years "none of the markets examined experienced sustained diminishment in occupancy, average (room)rate, or revenue per available room after a convention center hotel opened in the nine cities." The study went on to say, "In most cases,the existing hotel base, particularly the downtown submarket, was negatively impacted in the initial year or two following the development of a new convention center hotel. Nevertheless, these markets rebounded and often outperformed their previous level by the fourth or fifth year after the convention hotel's opening." 8 The Salt Lake County Council established a Convention Hotel Advisory Committee chaired by then-County Council Member Joe Hatch. The committee included representatives from downtown hotels, the Legislature, the Salt Lake County Council and Mayor's Office and Bob Farrington, who served as Mayor Ralph Becker's representative. The Downtown Alliance and the Salt Lake Chamber also commissioned Bruce Bingham of Hamilton Partners; Jack Brittain of the University of Utah; Zeke Dumke, president of Western States Management Company; Gordy Haycock of Grant Thornton; David Jensen,the retired Chief Operating Officer of Zion's Securities Corporation; Scott Parson, president of Staker Parson; Ray Pickup, president of the Workers Compensation Fund of Utah; and Jim Wall,the retired publisher of The Deseret News to review the potential of building a convention center hotel. The group's recommendations led to the Salt Lake Chamber statement quoted on Page 3 of this memorandum. 5 'Draft,Request for Proposals Salt Lake County and Salt Lake City Convention Center Hotel RFP Consultant,Page 4, attached to Administration transmittal. 2 Ibid. 2 Convention Center Hotel Overview,PowerPoint presentation,Visit Salt Lake(the Convention&Visitors Bureau),Slide 13. 'Ibid.Slides 11 and 12. S Transmittal letter to City Council,July 21,2011,Pages 2 and 3. 6 Letter to Salt Lake County Mayor Peter Corroon;August 1,2010;Lane Beatty,Page 2. 'Convention Center Hotel Overview,PowerPoint presentation,Visit Salt Lake(the Convention&Visitors Bureau), Slide 30. s E-mail to Jennifer Bruno,Bob Farrington,July 28,2011. 'Ibid. 1°Downtown Salt Lake City Second Century Plan,Downtown Planning Association Inc.and Utah Chapter AIA,September 19,1962,Page 14. "Regional/Urban Design Assistance Team Study;Utah Chapter AIA,Salt Lake City,Urban Design Coalition,1988,Page 36. 12 Ibid.Pages 47,48. 13 Salt Lake City Downtown Plan,City Council adopted February 7,1995,Page 7. 10 Ibid.Page 7. "Ibid.Pages 9 and 10. 16 Report on Potential Market Demand...for a Proposed 260-room Upscale Hotel,Hire&Associates(Evergreen, Colorado),September 1996,Page ii. 'r Salt Lake City Convention Hotel Comparative Performance Economic Review Phase—I Report,David L.Corsun,PhD, February 22,2010,Page 4. 1e Ibid.Page 5. 6 Convention Hotel Statement The Salt Lake Chamber support policies and projects that help to grow Salt Lake's convention industry including the development of a convention center hotel that utilizes a privately-led financing model. Public financial support should be devoted to a public purpose,be limited and be consistent with financing used for other significant privately-led projects in Salt Lake.State and local government should also support policies that maximize promotion funds;increase Utah's reputation as a welcoming and hospitable state;create a lively arts,cultural and entertainment district downtown;and maintain a first rate public transit system. • • a • • • 8/4/2011 O i To improve the area economy by I. attracting and providing support 9iHNmil to conventions,leisure tra i ';li.a;,, ,, and:sit" Convention Center tiHr' i Salt L •iti�f e, Hotel Overview `orrn,rr�1,,.. ---Amon ,` iuime • •Avallablllty of large room block,850-1200 rooms •Rate and Room Block agreement with the local Destination Marketing Organization 1 •Attached to or immediately proximate to the Convention What is a Convention i Center Large amountt of modern meeting space,80-100,000 Center Hotel? eyuare fee •Ability to support the mission of the Salt Palace Convention Center and the local meetings industry •Management by a national brand with proven convention&meetings expertise and possessing a corporate sales force capable of expanding Salt Lake's sales 8 marketing reach reeky - - .. - Y• .T ` .. - Y a-._. y Top Footers for Convontloer when sobooti.o a Dootinotion In other words it's all about the"Rooms" •' • •Th....u.budy of hotel room.to serve the requirement* -e of the convention Industry i•a critical factor in the we success of a convention center.The Inventory of hotel roomsn community is measured In many deferent ���,,`es waYs Including. • total rooms In the mafeel. �!' Elaf R[7". convention• vemw of Pommels.rooms 7� tt1 !room at adsmw commrcfor.n.v.ml: we MN.... reosus*Carly WI*.wm v sit erre4tYn,RM3009 ^r" • 1 ylisinlo 8/4/2011 SALT LAKE , . From 2005 CSL Study -As presented in the eMibX Salt Lake otters a restively how lost number of an adjacent headquarters property(515 rooms at Marriott Sett Lake i 1'r ... maid— , , Downtown).The fact that the Hilton Salt Lake Center(499 total moms)and the X X X i _c0•'5 • —_ i wyndhem Salt Lake(381 total rooms)are also very near the SPCC helps to •`.., A mitigate this ranking,h owewr a larger Dock of moms m e single property would • . y, 11 Early sere to improve the relative wmpetRM position of the Salt Lake ,' • • • market \ s,.,x tin. j V - \Sr?.• Taken together,Rene findings tend to indicate that while a larger headquarters \ der ' . property may be desirable.the owrell hotel inventory in Salt Lake a well \\ balanced against the current offering of exhibit spec* Future additions of ) a+ i exhibit meeting,and/or ballroom spa M space at the SPCC may paot this I rV 4, d condition.Any recommendations for such addRbna an evaluated In \ \ \ ..,.• 1 terms of 9mb inpect on hotel capacity balance.- I \ v c*araaaa,scar.• .. I aaaiAe.. rr.r..4, o.gnr a ca.oa.�wnw•.e r«a n.y.t`aa 81 • Salt Palace Convention Center Overview of hotel room capacity in 2005-06 Expansion Downtown CC District Pre-Expansion 2005 Hotel Rooms 6245 Exhibit Sq Feet 364.500 1 Meeting Space Sq Feet 97.000 • I Total 462,500 i 2010 Hotel Rooms 6558 + Post-Expanalon Exhibit Sq Feet 515,000 y Full service hotel rooms-90(Inn at Temple Square demolished) Meeting Space Sq Feet 160.000 i Total Sq Feet 675,000 ( Limited service hotel rooms 403(Hyatt Place Suite,Homewood 1 Suites,Comfort Inn and Springhill Suites) 46%increase in Total Space Net new rooms 313 4.7%Increase in Supply 41%increase in Exhibit Space 65%Increase in Meeting space 1t a J Market Relevance Product development and growth is a crucial component of any C o m pet i t i ve S e t strategy to remain relevant as a convention destination. • i • • The realgDestlon: Any brands that are considered , ., is there a vision for Salt Lake that includes the maximization of to be targeting the same the current investment in the Salt Palace Convention Center,or 'n are we as a community OK that our Convention Center with t space for an averagelo-1 2,000 delegates operates with an audience. i average of 5-7,000 delegatesT i • 1 2 8/4/2011 Our Competitive Set in the Top 50 ..„...,��r.,� Facility City Eehibn Meeting Sell Palace CC Salt Lake City 515.000 160,003 ! Cobredo CC Denver' 584,000 100.003 [--_ . . ll■ San Diego CC San Henry BB GOnvabs CC San AnroAntonio. 140,000 115..6 I -- .- i- . Phoenix CC Phoenix. 75,000 161,000 1 '1 Reno-Spans CC Reno' 381.003 110,000 I.. - _ _ __ _ Anaheim CC Anaheim' 815.000 130.003 �' v. v Los Angeles CC 115 Los Ageles' 770.000 t30.000 'Convention Cattle Hotelwo m.r.,u...r..n lms•zom ♦y1t .. = ..*Yc . "The Loss" • Convention Delegate Spend $923/delegate Convention Hotel Review C In 2009 we lost 77,400 future delegates Process History or $71,440,200 in future direct spending i i In 2010 we lost 69,500 future delegates or $64,148,500 in future direct spending SLCO Council Review Process Resolution Salt Lake County Council Review Outcome#1 seed April 7,2009 Caere.Ma Mary Canae Pea of Cereeneue Established a Convention Hotel Advisory Comm ittee a _ Chaired by Councilman Joe Hatch ... .y a w u...a.r ..ywsa .s.r June 2009-February 2010 r..� �� n... Committee Members m.....a.e...,.M.. r,rrrrw .agr Dna ern Ore./enema Ha men muna Red en,Watery.Woodsy Care rwn o, a wN� u.e..w....,..,a. m.rvr.,rra.,.....a.errs em a.rrym sc u.p anreeeea p.n. •*a.Yeaemea*era M ev seanne C.W„acrauYC..rem rra.r na,ere m..a.r..r.r.r. srJer•aae.StC0 Caere. ana Jaen SIM co....ca •n ta a eeke moms•ea.a al area inderaearparieneaa ara°area Jenny .I..MOOG.. lan Back,5.00 Cara •Tr.aeraeas mama as eualaenaanarawe earmae.ea*rata 'Seen Beci Nee 94111.sa IC.ey Rana ue.C.rere Pa pre .r.. elseneemearalasearea eta names •Allysen Label,UR Pa Leeman Lenten 3 8/4/2011 Salt Lake County Council Review Outcome#2 Solt Lake county Council Review Outcome 113 Salt Lake City Convention Hotel Economk Review Preenaa Ion Economic Development Summary Pre..by:Da.L.Corson,Ph.D. In ooniunceoessnsTA Anah"k The Total Output resulting from Visitor Dollars attracted Into Salt Tea ab.b...ed.w en.m.,a..nu.me.P,w-....n...a«woe room w, o.+n Hr.Hr.am e.,b wow .aa.e.md a I..i.e.men..poi.t.ro.ale.Ina sad.a.Co...inne Lake's economy takes place in 3 stages. twwww 1) Direct Spending-Dollars leaving Visitors pockets and going into our Hotels.Restaurants,Retail Stores,Attractions(HRRA),etc to purchase Goods&Services. 2) Indirect Effects-Dollars HRRA's received from Visitors(1.Direct Spending)go to pay our wages and to re-supply Salt Lake manufactured goods/inventories depleted by Visitor purchases. The wages received are spent in Salt Lake on food,clothing, entertainment,etc... 3) Induced Effects-The increase in jobs,goods&services generated to support the jobs,goods&services associated with Stages I&II above Note-A%of Visitor dollars are leaving Salt Lake throughout Stages II&Ill h a, ,re,ro a� ���1O tia� year as dollars flow out to purchase goods and services originating outside of • O • cony.. .r incabow Han,by a�•.�5ai. ...b�wrtoo.tin M..a le wbr�aw ae�.a u.Inn.In Ina nnu..u.nwa Salt Lake. �• • A.ma,Irumaaaac.e for nay.,n brown..La.mtr a.ee,etn.aeawn a.Coo...on Hotel wit er _ . A NOW 'f ._m. Salt Lake County Council Review Outcome#3 Continued.... Salt Lake Chamber Review Process Economic Development Summary continued... Bacegroud Direct Effects of Hotel $90,000,000 TM,�,b�tdae.w.rarrrlwd4aa.r+a..rlw lr.e...d.saa aar.....lyw.rs • Direct Effects Salt Lake businesses $60,070,000 .r. ...a taaar.pysto-Prrtey ae1rt awtsall srapsawerces.s 11twacurd. Induced&Indirect effects $75.000,000 hiwocaduiwe N`.imincd'"'aw..the rm'Male le a e'n"°e'es*haH h Sall Labe arel Total Annual Output $225,070,000 a mots neon include ea San Wu Ch..Emu.*ems a.T1wMneaa Madan on this Direct Effects of Hotel eve.eaph.n P.m. Hone.Para. The 2009 HVS Market Study for a proposed Convention Hotel in Salt Lake reported that Auk Baaa Noe Pre...t um...elty at all the Hotel alone would attract approdmately$90,000,000 annually into Salt Lake(Direct ara.aa P'r°'" wwnara wagmrx Corn.. Effect). o N cob(rreadl Mom. P.Inef zm Tseel.Corp Direct Effects on surroundingbusinesses Ray Prra.. war.ce,, Rry Pickup Pro.. .i mq.e.enruna. comm.The Hotel Impact Study completed in February 2010 by STR Arelytics projected annual Am wr PWah. Dr.H..a'bM cr�.ro.a c Direct Effect on businesses excluding the Convention Hotel would be$60,070,000 Tn.working amuP m.ee mrltip.aede,nr wtH nano. on a no. kenos d..w. ee Indirect end Induced Effects oaf. . mat en halal npe.rhe or lraa. d mIA . a ea.rra and p.w., Indirect and Induced Effects of the Hotel are expected to result in en additional impact of .^^e.e+Ir"C...s Vele.e Ba..a a.are.auw memo a.comm.ow Haw..a $75,000,000. Liorn rhas...re Hot Tn.,aAni5 L LAW Amor.Ho..Ramon Hall,R. Inv Hat,ilea Maam.,lM L* 11.6 amWm�d M aJ L s.0.0 Loea.p A..oa.lm.9Ya San Total Output arCkelaalad Deeeu.n Mier.de had Non.ma.Yptee Tinian.Dowrgbn.Manor CH P Cane,..�n Sall Lan CH.rhea...Oa...m Ind lobe.Ivey b tin.end policy The combination of Direct,Indirect and Induced Effects am expected to produced a total ee..rr.dtaor output of$225,070,000 annually for the Sall Lake Area. ''' • 'al Salt Lake Chamber Working Group Salt Lake Chamber Working Group Key Findings Key Findings Continued... •Advantage-These bur components(size,national brand affiliation.proximity to the convention center and a rate and room block agreement)help create an attractive package Sr -Salt Palace-The Salt Palace Convention Center*currently underutilized end taxpayers are national meeting planners considenng Salt Lake for citywide conventions not receiving an optimum return on Investment. $tudles-Over the past several years,multiple studies have examined the feasibility and -Feasibility-Research indicates Nat a Salt Lake convention center hotel is feasible for Salt financial impact of a convention center hotel in Sat Lake. Lake but like other communities.would require some form of govemment support. -Competitive set-Many communitiea That compete with Salt Lake for convention business •Economic impact-Research suggests a convention center hotel will provide near term have developed convention center hotels and enhanced their competitive advantage.Among construcbon benefits and king-term economic benefits to Utah's economy The construction others,these include Denver,San Diego,San Antonio,Phoen'a,Reno,Anaheim and Los benefit is estimated to be 4.270 jobs and$214 million In earnings(Includes direct,indirect and Angeles.Asa result,Salt Lake is not currently considered a viable competitor with these Induced)In addition.the Salt Lake Convention and Visitors Bureau estimates that Salt Lake lost communities and will struggle to maintain our current level of convention business without a $363 million in lost future delegate spending in 2009 because of the lack of a convention center convention center hotel. hotel •Deanitlon-A convention center hotel is defined as a large property of 750-1250 rooms: •Lhniteds.rvice hotels-A large convention center hotel with national name recognition. managed by a national brand.adjacent to the Salt Palace Convention Center;and has a rate and supported by a national saes team,can help to attract additional business for Salt Lake,as ' room block agreement with the Convention&Visitors Bureau opposed b.eater limited service hotels that simply divide the wasting business.Sail Lake City wrren•Perceptions-Lingering misperceptions about Utah liquor laws,cultural dieersily and lack of a d Ye kits f Sr en or MI hotel bundance of erneslimite service hotels that compete on price and keep average daily properties vibrant downtown are motion tatters that into Salt Lake's abBlty to compete for large conventions Addressing these issues may be as important as the lack of a convention caner hotel. - t _ .. . 4 imm. mom 8/4/2011 Salt Lake Chamber Working Group Key Findings Continued... Salt Lake Chamber Committee Policy Recommendation •Feknees-Local hotels have expressed legitimate concerns about the impact of a The Salt Lake Chamber support policies and projects that • government-subsidized hotel.lt one is built.the community should consider other prudent ' public policies that we ensure a vibrant hotel and lodging business.These policies include help to grow Salt Lake's convention industry including the • ' wise use of promotion funds.continued modernization of Utah liquor laws,purposeful development of a convention center hotel that utilizes a i{ commitment to a lively downtown and support for pubic transit 7 privately-led financing model.Public financial support should •Government's Role-Free markets are the best way to organize economic activity.but be devoted to a public purpose,be limited and be consistent • government can and should create an environment for markets to thrive.This involvement with financingused for other significant nvatel ledprojects I should be carefully executed and limited.A highly-limited govemment role may significantlyp y slow down the development of a convention center hotel.but will be most equitable to in Satt Lake.State and local government should also support costing businesses that have risked pnvete capital. policies that maximize promotion funds;increase Utah's •Breeder context-Any convention hotel development question should be considered in reputation as a welcoming and hospitable state;create a the larger context of Salt Lake as a convention destination,with long-range planning that tl livelyarts,cultural and entertainment district downtown;and 4 continues to enhance our competitive advantages.There should be an overall master plan for Salt Lake's future as a convention destination that includes a convention center hotel, maintain a first rate public transit system. and other amenities surrounding the Salt Palace Convention Center.This plan should be developed with groups includatg the Salt Lake Valley Lodging Association,Salt Lake Convention&Visitors Bureau and other hospitality and lodging organizations. ♦ ♦ • 4.914.e _.4 _ ...A._ > ..r ' J. x-. - 1' Private Development Interest Salt Lake Convention Hotel Objectives 'Located within one block of the Salt Palace Convention Hotel with at least 850-1000 Since the conclusion of the Salt Lake Chamber review process,Salt Lake rooms County and Salt Lake City have been approached and met with venous 'Participates in rate and room block agreement with Visit Salt Lake(CVB) interested private development teams expressing desire in proceeding 'Supports increased city-wide convention bookings in the Salt Palace Convention with the Salt Lake Convention Hotel project Center 'Corporate management by a national brand with convention and meetings All interested development teams have expressed a need for a public experience financial Contribution and commitment—as noted in the Feasibility section •Eoiensive pre-opening city wide convention sales and marketing campaign with Visit . of the Chamber key findings—"Research indicates that a Salt Lake San Lake(CVB) ` convention center hotel is feasible for Salt Lake,but,like other •Ballroom and meeting space of 80-100 sq feet per hotel room and/or parking garage, Communities,would require some form of govemment support.° if paid for by Salt Lake County,will retain ownership with a joint use agreement with owner/developer To facilitate our possible participation Salt Lake County and Salt Lake City 'Consistent with the Salt Lake City downtown master plan have worked together with various stakeholders to indentify convention 'Potential to utilize Salt Lake City RDA tax increment financing hotel objectives to be met in order to secure our financial support. 'Leverages other downtown private and public investments •LEED certified building •• •Meets or exceeds Salt Lake City urban design objectives and standards 'Parking space sufficient to serve hotel guests,meeting and banquets and overflow i, Salt Palace parking demand - • Salt Lake Convention Hotel Objectives Public Financing Possible Sources Continued... -Participates in any Salt Lake City parking management program if RDA Identified Salt Lake County and Salt Lake City public finances parking garage financing opportunities for this project. ,i 'Hiring policies that gives preferences to local residents 'Establishes or participates in training programs for underserved communities 'Generates a positive net economic impact for Salt Lake City and County 'Generates positive economic fiscal impacts for Salt Lake Coy and County Salt Lake County govemment •Publicly funded components of the project have public ownership and TRT(Current capacity and site specific) purpose RDA ICDA increment extension I participation 'Equity investment provided by developer/owner/operator •Property necessary for development in control of the development/ownership Salt Lake City group 'Salt Lake County may provide conduit financing if owner/developer qualifies RDA I CDA •Hotel does not interfere with or shadow Salt Palace solar panel array •Development will take into account the cultural,religious and historic Innkeepers Tax(Municipal Transient Room Tax,UT resources of the convention neighborhood which includes inclusion, code,sections 59-12-352&59-12-353) preservation of assets,mitigation of the any impacts and/or displacement and le - strengthening of these resources "Ott Li*:r ,i,s• • a`'LI ' J. O 5 8/4/2011 Next Steps In conversations with the District Attorney's office and Salt Lake City,it has been determined that the next step is the development and joint SLCO I SLC issuance of an RFP for the development of a convention center hotel. (A consultant will work with and advise Salt Lake County and Salt Lake City regarding the development of•Convention Corder Hotel as wall as the recommended RFP()process for such deveiopnent.) The RFP results will determine public financial support needed to facilitate the development of a convention center hotel. Secure public financial contribution and finalize Salt Lake County and Salt Lake City interlocal agreement. 6 SCANNED TO: V\ a" SCANNED BY. (IT i%VTesp 1�0(. j DATE: 7/21A\ FRANK B. GRAY '�� �J `+►'��+�� RALPH BECKER DIRECTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MAYOR OFFICE OF THE DIRECTOR CF,I N E DE LA MARE-SCHAEFER �F`"1 DEPUTY DIRECTOR ROBERT FARRINGTON, JR. DEPUTY DIRECTOR JUL 21 2011 CITY COUNCIL TRANSMITTAL RECEIVED Salt Lake City Mayor Date Received: 011 211 Znl i David verrtt, Chie of Staff SLC COUNCIL OFFICE Date Sent to City Council: (nI 21 J2bl j TO: Salt Lake City Council DATE: July 21, 2011 Jill Remington-Lo ,—Chair- (411.11111 FROM: Frank Gray, Co unity &Economic Development Dep ent Director RE: Interlocal Agreement with Salt a C-ui y for Convention Hotel Consultant STAFF CONTACTS: Bob Farrington, Director of Economic Development (801) 535-7945, bob.farrington@slcgov.com Ben McAdams, Senior Advisory to the Mayor (801) 535-7939, ben.mcadams@slcgov.com DJ Baxter,Director of Redevelopment Agency (801) 535-7735, dj.baxter@slcgov.com RECOMMENDATION: No action necessary DOCUMENT TYPE: Briefing—information only BUDGET IMPACT: None at present time BACKGROUND/DISCUSSION: Salt Lake City and Salt Lake County have been in discussion with the hospitality industry, hotel developers, property owners and other community interests for several years about the desirability and feasibility of a public and private agreement to build a large (850-1,000 room) convention hotel adjacent to the Salt Palace Convention Center. The lack of a large convention hotel adjacent to the Salt Palace is seen by the Convention Bureau and convention meeting planners as a major liability for Salt Lake City in landing larger"city- 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 1454E16, SALT LAKE CITY, UTAH 84114-5486 TELEPHONE: SO1-535-6230 FAX: 801-535-6005 WWW.SLCGOV.COM/CED �� RecrcEo PAPER wide" conventions which provide a positive economic impact to the City and County. Hiring a hotel consultant to advise the City and County will allow both entities to move forward in tandem to further analyze potential sites, developer proposals, financing options, and other details related to building a convention hotel. The specific duties of the consultant would be: • Manage a process with City and County staff, hotel developers and property owners for a potential convention hotel in downtown adjacent to Salt Palace Convention Center. • Prepare and write an RFP for the recommended hotel developer process. • Work with, advise and represent City and County interests during the contract negotiations for the location, selection, land acquisition, financing, and development of the Convention Center hotel. • Work with City and County regarding issues and options related to site selection process, incentive structure, contract documentation, analysis of proposals, deal structure, negotiation with developer(s), entitlement process issues and process, and creating best outcome for a successful public/private hotel partnership. • Work with and advise a City/County Management Team consisting of 3 persons designated by the City and 3 from the County. Analysis: A convention center hotel is a large room block of 850-1200 rooms that serves a community and the convention center by attracting large conventions that may not otherwise choose Salt Lake City as a meeting destination. It is adjacent to, or in immediate proximity to, the convention center, and management is provided by a national brand with proven convention and meeting room sales and booking experience. Other cities in the West and Rocky Mountain region that are our competitors for larger city-wide conventions, have built or are building large convention hotels, which places Salt Lake City at a competitive disadvantage. Several studies and analysis have provided the market data and operational analysis to indicate that Salt Lake City could support such a hotel with a public and private financing arrangement, including: - Convention, Sports and Leisure -Needs Assessment Study—2005 - HVS Convention Hotel Market Study and Pro-Forma—2009 - Salt Lake County Convention Hotel Economic Review—Dr. David Corsum, Ph.D in conjunction with STR Analytics—2010 Loss business reports conducted by The Salt Lake Convention and Visitors Bureau indicated that in 2009 Salt Lake City lost 77,440 future convention delegates due to lack of a convention hotel, as indicated by „„ the meeting planners. This translates into lost revenue of$71,000,000 in direct spending in Salt Lake. The study by Dr. Corsum and STR Analytics projected that the direct economic impacts of adding a RE: Petition PLNPCM2009-00171: SLC Historic Preservation Plan Page 2 of 3 convention hotel would be S90,000,000 million annually, the direct impacts to Salt Lake businesses outside the hotel would be$60,000,000 million annually, and the induced and indirect impacts would be S75,000,000, for a total annual output of$225,000,000. Master Plan Considerations: The Salt Lake City Downtown Master Plan supports the concentration of hospitality-related services adjacent to the Salt Palace Convention Center as a compatible and desirable land use. Individual proposed hotel sites may have social, economic, community or transportation benefits compared to other sites under consideration, and those differences would be part of the site selection review process. In addition, some sites may require a height variance to accommodate the height of the hotel as large as the one envisioned. PUBLIC PROCESS: Several public and community processes have been completed during the initial study phases of the convention hotel. During each of the studies that were undertaken, there were outreach efforts, and community and stakeholder involvement in the analysis and discussion of the results of the Study. In addition. Salt Lake County established a"Convention Hotel Advisory Committee- chaired by Councilman Joe Hatch that held numerous meetings and public input from June 2009-February 2010. Committee members included representatives of the hotels. Cite. Legislature. County, CVB, Salt Palace and Governors Office. That Committee issued a final Points of Consensus regarding the possible structure, demand and opportunity for a convention hotel. In 2010-2011 the Salt Lake Chamber and Downtown Alliance convened a committee to review the studies that had been performed. financing models from other communities. and the economic costs and benefits of a convention hotel. They issued a report of their key findings which has provided further impetus to move forward with this stage of hiring a consultant as part of the development process. RE: Petition PLNPCM2009-00171: SLC Historic Preservation Plan Page 3 of 3 County Contract No. District Attorney No. 11-5436 INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE COUNTY AND SALT LAKE CITY CORPORATION [CONVENTION CENTER HOTEL CONSULTANT] ************************ THIS INTERLOCAL COOPERATION AGREEMENT (the "Agreement") is made this day of 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"). The County and the City are sometimes referred to collectively as the "Parties." RECITALS: A. County and City desire to hire a qualified consultant or qualified consulting firm for development of a Request for Proposals (RFP) for a Convention Center Hotel. B. The County and City have determined the need for this development in order to facilitate the maximum economic benefit of the Calvin L. Rampton Salt Palace Convention Center. C. The Parties agree to share the cost of the resulting consultant fees in accordance with this Agreement. D. 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 action. E. The County and the City are public agencies as contemplated in the referenced section of the Utah Code (more specifically referred to as UTAH CODE ANN. § 11-13-101, et seq., known as the Interlocal Cooperation Act). F. The Parties desire to enter into this Agreement setting forth the terms and conditions for their joint and cooperative action. AGREEMENT: In consideration of the mutual covenants and promises contained herein. and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: Section 1. Consultant Fees. County and City agree to share equally the cost of the "*"'. consultant hired pursuant to Salt Lake County RFP No. ("Consultant"). -Q. County shall bill the City within 30 days of receipt of a bill from consultant and City agrees to pay the County's bill within 30 days of receipt. Section 2. Management Team. The Parties agree to the formation of a Management Team to supervise Consultant. The Management Team shall be comprised of 6 members, 3 persons designated by County and 3 persons designated by City. Erin Litvack shall be Consultant's initial point of contact with the Management Team or such other person as may be designated by the County Mayor. Upon notice to the other, either party may change its designated Management Team member(s), at any time. Section 3 Duration and Termination. The term of this Agreement shall commence upon its effective date, and the duration shall be the length of Consultant's contract, but in any event it shall not exceed five-(5)-years. Section 4. 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) Severahilitv. 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. (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 (1) upon personal delivery or actual receipt thereof or (2) 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 or other separate legal entity. 7 (1) Joint Board. Except as otherwise provided in this Agreement, in accordance with the requirements of 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 as provided herein, but no future budget shall be established or maintained unless described herein. (n) Manner of Acquiring, Holding or Disposing of Property. Any property will be acquired, held or disposed of pursuant to this Agreement only as provided in this Agreement, and unless agreed to herein shall not be used in any other manner. (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. The County and the City 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, those parties agree that the County and the City are responsible and liable for any wrongful or negligent acts that they commit or that are committed by their agents, officials, or employees. Neither the County nor the City waive any defenses or limits of liability otherwise available under the Governmental Immunity Act and all other applicable law, and those parties 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: (i) 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; (ii) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage. brokerage or contingent fee, other than bona fide employees of bona fide commercial agencies established for the purpose of securing business; (iii) 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 (iv) 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 each party 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. (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 ofthe Parties. Nothing contained in this Agreement shall constitute or be construed to create any partnership or agency relationship among the Parties, or to create any new entity. (v) Assignment. The Parties shall not assign, sublease or transfer any interest in this ten► 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. 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; 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, duly notarized. SALT LAKE COUNTY By Mayor Peter Corroon or Designee STATE OF UTAH ) Amok : 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 4 SALT LAKE CITY CORPORATION By Ralph Becker, Mayor ATTEST: City Recorder 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, Office of Mayor, and that the foregoing instrument was signed on behalf of Salt Lake City, by authority of law. NOTARY PUBLIC [SEAL] Residing in Salt Lake County 5 REQUEST FOR PROPOSALS SALT LAKE COUNTY AND SALT LAKE CITY Convention Center Hotel RFP Consultant RFP 14 Date of Issue: Department of Community Services TABLE OF CONTENTS TITLE PAGE NO. I. INTRODUCTION 3 II. PROJECT TIMELINE 3 III. BACKGROUND 3 IV. SCOPE OF WORK and TASKS TO BE COMPLETED 3 V. COSTS/FEES 4 VI. PROPOSAL SUBMISSION CRITERIA 4 VII. SUBMISSION OF PROPOSALS 5 VIII. PROJECTED SCHEDULE FOR THE RFP PROCESS 6 IX. QUESTION SUBMISSION 6 X. WRITTEN AGREEMENT REQUIRED 6 XI. CONTRACT & PROPOSAL INFORMATION 7 ATTACHMENT A—Preference for Local Business ATTACHMENT B - Preference for Employee Health Care ATTACHMENT C - Environmental Procurement ATTACHMENT D - Sample Score Sheet ATTACHMENT E - Sample Services Agreement 2 INTRODUCTION Salt Lake County("County") in partnership with Salt Lake City ("City") desires to hire a qualified consultant or qualified consulting firm for development of a Request for Proposals (RFP) for a Convention Center Hotel. The County and City have determined the need for this development in order to facilitate the maximum economic benefit of the asset, the Calvin L. Rampton Salt Palace Convention Center. The County is requesting your submittal be hard copy as they are not set-up to accept electronic proposals at this time. II. PROJECT TIMELINE It is the intent of the County to enter into a contract with the successful Proposer through completion of the contract phase (including location selection/land acquisition, financing and development) of the project with an option to extend the contract through negotiations, start of construction and substantial completion. RFP(s) development must be ready to issue no later than September 30, 2011. III. BACKGROUND Over the past several years, multiple studies and working committees have examined the feasibility and financial impact of a convention center hotel in Salt Lake City. Many communities that compete with Salt Lake for convention business have developed convention center hotels and enhanced their competitive advantage. Among others, these include Denver, San Diego, San Antonio, Phoenix, Reno, Anaheim and Los Angeles. As a result, Salt Lake is not currently considered a viable competitor with these communities and will struggle to maintain our current level of convention business without a convention center hotel. The Salt Palace Convention Center is currently underutilized and taxpayers are not receiving an optimum return on investment. Research indicates that a Salt Lake convention center hotel is feasible for Salt Lake, but, like other communities, would require some form of government support. The research performed suggests a convention center hotel will provide near term construction benefits and long-term economic benefits to Utah's economy. The construction benefit is estimated to be 4,270 jobs and $214 million in earnings (includes direct, indirect and induced). In addition, Visit Salt Lake, the Salt Lake Convention and Visitors Bureau, estimates that Salt Lake lost $363 million in lost future delegate spending in 2009 because of the lack of a convention center hotel. County and City support this project to help to grow Salt Lake's convention industry 3 including the development of a convention center hotel that utilizes a privately-led financing model. Public financial support must be devoted to a public purpose, be limited and be consistent with financing used for other significant privately-led projects in Salt Lake. IV. SCOPE OF WORK and TASKS To Be COMPLETED For successful completion of the services required, the selected consultant will perform the following tasks: Manage the process with the City and County staff, and hotel developers and land owners. Work with City and County regarding issues and options related to site selection process, incentive structure, and contract documentation, oversee the deal structure, and consult on entitlement issues and process, all with the objective of securing the best outcome for a successful public private hotel partnership. Work with and advise County and City regarding the development of a Convention Center Hotel as well as the recommended RFP(s)process for such development. Write the RFP(s) for the recommended RFP process. Work with and advise and represent County and City during the contract negotiations for the location selection/land acquisition, financing and development of the Convention Center Hotel. Successful Proposer will be working with a Management Team comprising 3 persons designated by County and 3 persons designated by City. Successful Proposer's point of contract with the Management Team, shall be Erin Litvack or such other person as may be designated by the County Mayor. V. COSTS/FEES The City and County prefers a compensation plan that is commission based upon a successful contracted and funded convention center hotel project; however we are open to any and all alternative plans that may be proposed. VI. PROPOSAL SUBMISSION CRITERIA All proposals submitted for evaluation must include, but are not limited to, the following information. This information should be submitted in 30 pages or less. Each page shall be numbered. Failure to follow the prescribed format may result in rejection of the proposal. 41064, Proposals will be evaluated and ranked by a selection committee. Attachment D is a 4 sample of the score sheet each Committee member will fill out on each proposal received. A select number may, if it is in the best interest of the County, be invited for an interview. The City and County reserves the right to request a best and final offer. A recommendation will then be presented to the proper signing authority for consideration and approval. 20% Firm's Qualifications. Provide a brief description of your firm, the scope and nature of projects routinely provided by your firm on projects of this nature. Identify the type of business (corporation, partnership, sole proprietor, etc.) under which your firm operates, date business started, and license number to do business in the State of Utah. 10% Project Team. Provide an organizational chart showing the level of organizational responsibility of all major participants of your proposed project team. Describe the project management structure and specify project leadership and reporting responsibilities. Include resumes of those principals, partners and other key staff members who will be directly involved in the overall project. Do not put home addresses or phone numbers on resumes. Resumes are a public record unless stated otherwise. By listing the individuals in the proposal, the firm is making a commitment that the personnel listed are the personnel who will be assigned to this project. The County must approve any changes to the personnel indicated. The County reserves the right to request a substitution of personnel. 20% Relevant Experience. Provide detailed relevant experience of similar projects which shall include the following: name of client, contact person and current phone number, brief description of project, date, total contract amount, and any other pertinent information regarding the experience. The County may contact any or all of your clients for a reference. 20% Proposed Approach and Schedule. Propose a work plan, with a list of tasks and deliverables outlined and explained. Describe your overall philosophy and how it will be applied to the project. Give a full description of the methodology to be employed in completing the tasks and deliverables of this RFP. Include a time schedule for proposed tasks and deliverables. 30% Proposed Compensation Plan. Describe your compensation plan. Provide a total "not-to-exceed" fee or commission percentage your firm will retain upon successful implementation of a naming rights sponsor. The proposal must include a fee or commission percentage which includes any and all professional fees; and any and all costs the Proposer may incur, including any costs for transportation, lodging, communication, printing, etc. The County will consider a local preference or a preference for offering health insurance. See Attachments A and B. 5 VII. SUBMISSION OF PROPOSALS Ten (10) copies of your sealed proposal will be accepted until 1:00 PM on 2011 at the Salt Lake County Office of Contracts & Procurement, 2001 South State Street, Room N4500, Salt Lake City, Utah 84190-3100. No responses will be accepted after the closing date and time. The sealed transmittal is to have "RFP Development—Convention Hotel" clearly marked on the outside of the package and on the body of the proposal. All copies should be put into one envelope or box and sealed; do not put each proposal copy in a separate sealed envelope. All costs associated with the preparation of the proposal, as well as any other related materials, will be borne by the firm submitting the proposal. All costs and expenses associated with attending an interview will also be borne by the Proposer submitting a proposal. All proposals become the property of County and City. County/City reserves the right to stop the selection process at any time if it is considered to be in the best interest of the County/City. County/City also reserves the right to reject any or all proposals submitted. The County/City reserves the right to enter into more than one agreement with one or more Proposers submitting proposals in response to this RFP. VIII. PROJECTED SCHEDULE FOR THE RFP PROCESS The County/City reserves the right to modify the following schedule at their discretion: Activity Date Final day to submit questions TBD Proposal Due Date TBD Committee Meeting TBD Proposers Interviews TBD IX. QUESTION SUBMISSION A pre-proposal meeting has not been planned. Questions may be submitted to spierce@slco.org until the deadline for questions submission which is at 1:00 pm. All questions and answers will be made available to all proposers through www.bidsync.com X. WRITTEN AGREEMENT REQUIRED The selected firm must be willing to enter into a written agreement with County/City. A binding agreement between the County/City and Proposer will be dependent upon the negotiation, preparation, and execution of a formal contract. If your firm wishes to alter any of the conditions present in this RFP, Attachments, any Addenda issued, or the attached sample agreement, that item must be specifically called out in the proposal with 6 a reasonable alternative presented. XI. CONTRACT AND PROPOSAL INFORMATION Submitting a proposal acknowledges your firm has read, understands, and agrees to be bound by and fulfill the requirements and terms and conditions of this solicitation. A. Firm Pricing: All prices, quotes, or proposals are to remain firm for 120 days after the closing date. Any proposal that does not commit to remain firm for the required period may be considered to be non-responsive. B. Conflict of Interest: Any officer, employee, agent, representative or member of the council, board, committee, or commission of the county must disclose any interest or conflict they have in their proposal as required by the Utah Public Officer's and Employee's Ethics Act, Utah Code Ann. 67-16-1, et seq., the County Officers and Employees Disclosure, Utah Code Ann. 17-16a-1, et seq., and Chapters 2.07 Salt Lake County Ethics Code 3.16.110, and 3.20.070, Salt Lake County Code of Ordinances, 2001. The disclosure document is found at www.slco.org and must be included in your proposal. C. Licensing: All applicable federal, state, and local licenses must be acquired before the contract is entered into. Licenses must be maintained throughout the entire contract period. Persons doing business as an Individual, Association, Partnership, Corporation, or otherwise shall be registered with the Utah State Division of Corporations and Commercial Code. NOTE: Forms and information on registration may be obtained by calling (801) 530-4849 or toll free at 877-526- 3994, or by accessing: www.commerce.utah.goy. D. Public Domain: Proposers are advised that Utah law and County ordinances provide that, upon full execution of a contract subsequent to an RFP, the contents of the awarded proposal accepted by the County shall be subject to public disclosure and may become public records subject to examination by any interested parties in accordance to the Government Records Access Management Act (GRAMA), Utah Code Ann. 63G-2-101 et seq. and County ordinance. Trade secrets and proprietary information, recognized by the County as such, may be protected from public disclosure if the Proposer clearly identifies in writing any part of their proposals that they claim to be proprietary information, trade secrets or other commercial information, or non-individual financial information that may be protected under GRAMA. Proposals in total will not be considered proprietary. All materials submitted by an Proposer in response to the County's RFPs will become the property of the County upon delivery and will be managed in accordance with GRAMA. E. Cover Letter: The proposal shall have a cover letter indicating the firm's willingness to enter into an agreement with County. An officer of the company who has the authority to commit the firm to the proposed project must sign this Apowtot letter. Proposals will include the full name, legal status (corporation, state of incorporation,partnership, proprietorship, etc.), business address of the Proposer, and telephone number. Please include one or two e-mail addresses where you could be notified of an oral interview. The proposal must be signed in ink by a principal of the business who is authorized to execute any subsequent contract. The name of the principal and his/her business title will be included in the signature element in either type or print. Penciled signatures or notations will not be accepted. F. Inquiries: All inquiries relating to the specifications or proposal procedure should be submitted through www.bidsync.com. Bid Sync will then e-mail the answer to all firm that have expressed an interest in the RFP. Do not contact the agency, division, department, or other County officers or employees. G. Costs: All costs associated with the preparation of the proposal, as well as any other related materials and delivery will be borne by the Proposer. All proposals become the property of the County. The County will not be responsible for said costs in any event, including but not limited to, termination of the project in whole or in part, rejection of a proposal as non-responsive, or rejection of the Proposer as non-responsible. H. Changes or Modifications: Any changes or modification to the Request for Amok. Proposals will be accomplished in writing by addendum. Proposers submitting a proposal based on any information other than that contained in the County's RFP, or any addendum thereto, do so at their own risk. Proposers are responsible for checking status of any addenda. Addenda will not be published after 1 week prior to deadline. Receiving Proposals: The Division of Contracts and Procurement will administer receipt of all proposals and opening of the same. Proposals will be held, unopened, by the Division of Contracts and Procurement in the same condition as received if delivered prior to the date and closing time designated in the RFP. After the closing time, only the identity of each Proposer will be made public. If only one proposal is received in response to the County's request. the Division of Contracts and Procurement, in coordination with the organization requesting the project may recommend an award of a contract to the single Proposer if the proposal is responsive. Alternatively, if time permits, the Division of Contracts and Procurement may re-solicit for the purpose of obtaining additional proposals. Proposers are advised that no contract will be formed with the County until a proposal is accepted by the proper signing authority and the contract is signed by all parties. J. Modifving or Withdrawing Proposals: Proposers may modify or withdraw their proposals at any time prior to the closing time. The County requests that any desire to retrieve a proposal for the purpose of withdrawing or to modify a 8 proposal must be submitted in a written request to the Division of Contracts and Procurement. Proposers may withdraw their Proposal if the County and Proposer cannot agree on contract terms. K. Rejection of Proposals: The County reserves the right to reject any or all proposals and to accept any proposal, in total or in part, unless the Proposer clearly states in their proposal that acceptance must be on an "all or none" basis. County may waive any minor irregularity or technical error in the form of a proposal or in compliance with the instructions to Proposers. County may the selection process at any time it is considered to be in the best interests of the County. Any proposal containing significant deviations from the specifications of the RFP will be rejected as non-responsive. Proposers claiming minor irregularities or technical errors must assume the burden of identifying them and justifying them to the County in order for the proposal to receive consideration. L. Protests: Persons who are aggrieved by the written specifications or recommended award may protest to the Purchasing Agent. A protest in regard to the specifications shall be submitted in writing prior to the proposal closing date. All other protests shall be submitted in writing within 5 (five) working days after the aggrieved person knows, or should have known, of the recommended award. Protest letters should specifically and completely state the facts that constitute error in the RFP or the intent to award and the desired remedy. Further details are set forth in section 3.20.150, Salt Lake County Code of Ordinances. M. Free and Competitive Selection: Any Agreement or collusion among prospective Proposers to fix a price or limit competition shall render the proposal void, and such conduct shall be unlawful and subject to criminal sanction. Proposers certify that neither Proposer nor anyone in its firm or company has either directly or indirectly restrained free and competitive selection, participated in any collusion, or otherwise taken any action unauthorized by the Salt Lake County Purchasing Ordinances or applicable law. N. Insurance: If awarded the contract, Proposers will, at their sole cost and expense, secure and maintain during the term of the contract, including all renewal or additional terms, minimum insurance coverage as stated in the sample agreement (Attachment E) O. Reasonable Accommodations: Reasonable accommodations for qualified individuals may be provided upon receipt of a request with 5 working days notice. Please contact spierce@slco.org. TTY users should call 711. P. Political Campaign Contributions: Salt Lake County ordinances limit campaign contributions to county candidates by individuals or businesses contracting with County. In order to avoid criminal penalties, please check the County's website: www.slco.org for details of the County's rules concerning political campaign contributions and contracting. 9 Q. Infringement: An Proposer shall not infringe on patents, copyrights, trademarks, or intellectual property rights. The consequences from violation, including costs of defending a claim and indemnification from an action of claim by a third party shall be borne by the Proposer. R. Environmentally Responsible Procurement Practices: In compliance with Executive Order#2006-1, County has implemented environmentally responsible procurement practices. Please refer to Attachment C. S. Employee Status Verification System: The Proposer shall register and participate in the Status Verification System before entering into a contract with the County as required by Utah Code Section 63G-11-103(3). The Status Verification System is an electronic system operated by the federal government, through which an authorized official of a state agency or a political subdivision of the state may inquire by exercise of authority delegated pursuant to 8 U.S.C. § 1373 to verify the citizenship or immigration status of an individual within the jurisdiction of the agency or political subdivision. The Proposer is individually responsible for verifying the employment status of only new employees who work under the Proposer supervision or direction and not those who work for another contractor or subcontractor, except each contractor or subcontractor who works under or for another contractor shall certify to the main contractor by affidavit that the contractor or subcontractor has verified, through the Status Verification System, the employment status of each new employee of the respective contractor or subcontractor. The Proposer shall comply in all respects with the provisions of Utah Code Section 63G-1 l — 103 (3). Proposer failure to so comply may result in the immediate termination of its contract with the County. to 7/14/2011 To improve the area economy by attracting and providing support to conventions,leisure travelers t r and visitors to 1'•` '� Salt Lake County. Convention Center .lit -.! Hotel Overview .'°r 'r A - a 1a•Availability of large room block,850-1200 rooms •Rate and Room Block agreement with the local Destination Marketing Organization f •Attached to or immediately proximate to the Convention What is a Convention Center COCenter Hotel? 'Large amount of modern meeting space,80-100.000 square feet •Ability to support the mission of the Salt Palace Convention Center and the local meetings industry Management by a national brand with proven 1 convention 8 meetings expertise and possessing a k corporate sales force capable of expanding Salt Lake's FI sales 8 marketing reach 1 Top Faolors for Conventions when t Salaotinp a Oast In other words it's all about the"Rooms" , at,.aii,s;iin or flora rooms to serser,t reeoirtmerns — _ industry Is sonoca ractorin the E .. __ success o ioncenter.me inventory or nt:a - roam: i many...ern r a 8 :-s ciy 3 B g $ • Iroomswlnaaswiolercoms we emmrt* .I +_f j -- Inventory m;n ap mart'cc venton ity aMan one nd !f ! 111 __ other such memo.' S. 7/14/2011 :mg - ,; From 2005 CSL Study �.� CDs•. o s t f .. . mtg.pla rank,hoorever•ter,Nock of roorx r•single pope,would ♦�Y 4. a..n ey—z.:ro• rASIG;ir.-.:j• Salt Palace Convention Center Overview of hotel room capacity in 2005-06 Expansion Downtown cc District Pt.-eaG Eqna. 500 So Fee: 36e .i 2005 Hotel Rooms 6245 Eq.,. eeenq Space Sr Feet 97.000 Teul a92.50r 2010 Hotel Rooms 6558 Post-EaDansien Furl service hotel rooms-90 Inn a:Temple t EaMnSa Feet 515000 ( G Square Cend xG) weal Sq Space Sc Feet 1ae000 Lentek service Octal rooms o03 H Place Sure,Homework Tatar SQ Feet 9i:,000 (ya" �• Sines.Camlor,Inn and 6pr1ngturl Suites) 46%increase in Total Space '.' Net new rooms 313 4.7%Increase in Supply ¢' <t%increase in Exhibit Space { 65%Increase in Meeting space L - Market Relevance I. S m<tk a.entaxg W ar6l t el any Competitive Set strategy n relevant as a camenuon kestocanr„ The reel que,:«w,. Any brands that are considered ..- Is here a moon for Sat Lake that nchlkes the ma.imcatm r(- One c,rent investment III the Salt Palarecorverac,Center,« to be targeting the same s� a community OK that at Convent.,Center wrh Ioranonseegetatz.ocoraie9a!es operates.,:na, - audience. _ a.eraae d 5-7,000 ealeyateso 7 - ._ %"'.......A...-3'... ,-..1 a - _ Y'.72.::.•rIW-r a`:../- ._7-4,1 2 7/14/2011 C sees—. . - —_ �.._.. Our Competitive Set in the Top 50 w Lake rywwwftwe era.d.a�._,.,.�d�..r_Cow..r. x_. ----- - - ------ ___ sees. — Facility City Exhibit Meeting ---------- --------_---- ---_--- • Se.Palace CC Salt Lake Coy 515.000 160,000 x , .n.e. ..,a.,_ Colorado CC Denver 584,000 100,000 !i ' =.��.': ^.�Y San Diego CC San Diego' 615.700 204.114 M sib e„ Li; — Henry B Gonzales CC San Antonio' 40,000 115,545 .. t . _ tttt Phoenix CC Phoenix 75.000 167,000 �� �.� � � k ni 1''i "al y Reno-SParesCC Rene' 381,000 110,000 , _� - . se em Anaheim CC Anaheim 815,000 130,000 • "a "^ rem ... Los Angeles CC#15 Los Angeles' 770.000 130,000 .. Us rt.w a.' Visa.,,al,.n:emeorre. rdVna M .env,w,aa,.aa erp.n,201,5-T010 • �-- 'CrnveniionCen;er Hotel _ _< '— , i;: _ _ re... "The Loss" I Convention Delegate Spendr de 5923/delegate - Convention Hotel Review ,iv In 2009 we lest 77,400 future delegates Process History u • Cr i 571,440,200 in future direct spending a In 2010 we lost 69,500 future delegates or • ri. 564,148,500 in future direct spending r F SLCO Council Review Process Resolution • Salt Lake County Council Review Outcome#1 t; Passe4 April7,2009 C.,..-.a a•H. .A2.nrar:a.a.aa. Pars a Canaans.a r Established a Convention Hotel Advisory Committee ra .e.reae eara.asr:.s.'.dowser pees a The.a..ea p...d..r sr u.Ca e„ Chaired by Councilman Joe Hatch ;'ima et �eamone�°"eue•w`MIerte Mean. Mho. "Lµn•...dee;,>,•p, I• June2^^_9—February2010 _ ~e-ow����~W elm*.ileed..ss e.el are a eel..mr.>web*.eareeellep red epee.a..b...e.a me. Committee Members - ros".'.'adOwe e*wnw ..ed...die. wMedwe.°".."'e:..n.de modeW,-`"°,"..n.,°". w o .., of C.r„meet Bows F0 n Gant Aroma non* Wok Y.a#e.R.Loon Marl L.Loa,..r Pr-+,,.•a e.>ta conewedee d..ewk»^,..,see The eo......y..won trate. . Ga nom m, ovs woory Cora Haas Ware vadr ,nw,t. UT San,Sonar se..:ao or a..Sr.. .,..ca.,.a me nee....o a...,ee a....,.ew-"-mull des,o se ese e Peer Mo. SW ero.....LT Howse a R.p.wnaTes Came Wrier.G.r,o.0.,c.Repese.•.at.e eb. . ...a...4.. ear..ae pawl www ee...ewe bm ._ ede*hee, Bee Santora,.SIX Vasco Rearranatoe Dunn Corm SLCO CFO we,c i.au.ware..nye Owdo•.emo te•..,cove...,aee..n a.•.. • - Enn Lana.SLCO Lamp Recoss.'anw Cara, Pacean Ca ..r. nan Fa ass a Ae w,So0 mess..""e°""'s•W.In a.o.sc wpm -Las Isaa v c•.SLCO Caa. Meat a!ens..SLCC Cavcn • .ice or....r•so*o...+,..e. ...... m..or.,.......we.we..... • i.•r,Ansa..SLCO Cwd Ma Sun.,SLCO Coact j: The Co........e...., a ..a ..ws.b mpara • a sewed Nee W..••eves en _ pr lima .-.a• 'ete S 3e-..Nos Set Lase ICe91 Raymond Uns.Camv.q R.a.+e„rrw e.p r..a ,. .. .ore own n Su a . n r .En,•epr. .e. •u,s;-•.a-.sent SW,Pane.Cone,�c,•Cater .mould be Or!a..rnaa ems.w..'un rim•we.s P.e,e...w.a+�..yr.a.r Lag a.., _s •a..cv.e v,r,. `yyyyy L KM.s at9ti s ell sun,•^Pee. ..von aa� f a•.yYe...�..��0. `` ��...:...a ase)-m, un. .rvr`Y.aw,.^.1I.n .me. G ....,_ 1.3.-....t:.....„......„....:,_ 1..„..i.,:„.„.. .-!.'1.1,. 3 7/14/2011 Salt Lake County Council Review Outcome#2 Saltlike Count CoancdReviewOutcome to - Sat Lake COO twneean IOW EC,ea,,s fie..Prn«n,o� • Economtc De•elopment Sum nary hope leer b.3-CYewlpap WNW..r.araaw. • • The Total Output resulting fromVlsitor Dollars attractednto Salt - .....ttrat-..w..rcloaca-con,r :.. .,a.->-K> ..eve pc...nave•..a•a. •` Lake's economy takesplace in 7 stages. ......... - 1) Direct Spending-Dollars leaving Ysdorspcckets and gong into - - _ our Hotels.Resaws ar ,Read Stores.A:vaGons(HRRA),etc to purchase Goods&Services. • _ 2)Indirect Effects-Dollars HRRA's received from Vsrtors(1 Direct • • ;. Spendn,go to pay our wages and to re-supply Sa'tLake_ rranu!ac;med;,00ds'n er:onesd Vises'ep!eted by Viseurchases The • wages received are spent in Sat Lake on food,cloning. -• .. entertainment ex . • - - 3)Induced Effects-The increase in jobs,goods&services generated • ggr tc suppor•the jobs.goods&servicesassouatedwittt Stages)&II • above. ' °' Note-A%of V srtor dollars are leaving Salt Lake throughoutStages I I&I I I • ca..... 't•'S;'._•7, as dollars tow oat to purchase gocdS and Services cngnatng Outside of •�• snow en* e•ef••YawrY✓acw vv.c•%KO.a'.•fe erse.," °e-,.....e.a•.P.ow co s.e.. vet wore or...-. over.-.,•. Salt Lake •. • e/ik(Y �in .�0 .,..,.. .o`.nw. Y F- SWIM ..a.:. n-1• .�rwwo Y•'a.n.y ^ A .. Y• .. - • 'J .. a {• • Salt Lake County CouncilReview Outcome 03Continued.... Salt Lake Chamber Review Process Economic Development Summary continued... 9 Dried Etec:s of Hotel 590.000,000 - :°.c...e a...............................Le L.Me re or..veer,PutDirect Effects Sat Lake businesses 560.070,000 ...Nor:s•o given ..w ... • ..m,n..-.............e ...s..Loric-..•••. , Induced&Indireaeeects 575.000 000 I. ••t+L.Coe.u.e...r.re•TM w..�..e,or.ivev a Sal Too Annua Output S225.070,000 ....ter a ve err...a Direct Effects of Hotel i sin.wow- keen.erne,... The 2009 HVS Naket S`.+dy fora proposed Convenes Hatel n Salt Lake reported Rut _ +ra e^•••• b••M-yt•• Me Hotel alone would EL'ea appro.irately S90 000.000 musty nto Salt Lake(Ones.. evr. w""'T'•'Ye•'°"�Cr..." G.w.... coo. t...sGree - . Effect) r_c vahver Sr. Co. s.s a>.M me.Warw.. Direct Effects on surrounding Moires.* The Hotel Impact Study completed n February 2010 by S7R Ara'y:a projected annual - P.ea e+'.. peer.e..s.rw a.. :....a. Direct Effect on teavtesses ea Poring the Convention hotel would be 560.070 C00 n.•.e.o•e..farm....oir ram. -OMerrw...s.tr a.q ve e wo %.wee. Indirect and Induced Effects our.. .....a.•.r.•..Nrea....••••e•Ye w•e•• knee and Induced Effects of the Hotel we.%petted to result in a,addteoal.npact CO a..,e.la Labe deer aver.1....ever r...a •a...w....r....� S7S.0OC.00C +.e e . Y.. .w. r e.r. r ..... .sr.T Ow toes tor.w..r.We toe as.ftr •r a. it _ mos moo rY..e•,no Lori lobo.a.......e.Wa.l ore Lowe W..Warn l�....I.Peee.r NW....e.r...... T.rho.pea cn hr CP Total Output t sr L.cC.n......e re...e-.in d w.wee r.•+v...own The comonaeon of Direct.IncRect and Inclosed Effects are espected ha produced a total output r•.......e.•-- i aput of S225,07 0.000 rwat the foe t a Sat Lake iotawi 4-.•"i 0?"'.....,,-Ni,Z�,3`k.e.�' -,...I:. " "Salt Lake Chamber Working Group Salt Lake Chamber Working Group • Key Findings • Key Findings Continued... •Advantages-These tar corvew.to(so..nahani bare afl tsori,moa•rrty to the eonvermncerr and a it.and room:ADM agnaeonenbnielp create an sumo package to.'... •Satt palace-The Sat Palau Convention Carter a curer y:neen.^te^-as._'sowers are na60nat"twang pa..mneenng Set take*,termite eoewe•mon not woven;an optrameturn on nr.7te•e •Studies-O.ei Me past sews years.muticie%tides have earned the feasolcy ant -Feasibility-Reund..s.ntn that a Sat Lake convention canter hotel a'ease.In Sat fna,CW.roam a'a c oven on cads,Intel on Sad Lau Lou.but kke one,[ammonite 1.woutC reo:.e some Arm ce gaa'r^erdsu1p cr: - -CempeetM Sat-litany comnu,.oes.tz.anori well Sat Lake to convent.,tusness -Economic Mee developed tome.ton center betel eat a.natced Ron conoi:we a_unage 0.sr' cons ucton bent/lots and net. ro ve berets t Laa i0 s WA pewee Kel team omen.nose kdkat Como San Dog..Santo toto.Ancona,Reno Mates,and Los 4.270 longterm aceodey deemco inidir end Angeles Asa result.Sat Lau a rot arrerpyconsidered a outfit cpnvebto,ven nest moused)In addition.s. M Sat Lake oComer.nd teem andVeto's Boma tunes tut Sat Lake last anon ritesad wi at:page to masean oar current Owl of cnnventontannest*Vast a $383 neap,n Oast taxa densest spenery n 2009 because of ew lack of a conver:on censer ta„eertnn carnet triter note •Defnition-A conventon cellar roses everwe as a Lye property of 750-12250 roam. •Limise-.twice hotels-A`r ' managed by a nato.u•van..Awont to R.St Peace Co.!eenen Canter,tone has a ireye.carett cents hotel wan nr.,ona cam.Sal wool-lean a room Tot worriers Yet rev Co er%or i Kstos Suns _ cosig WDr a na.ai•.s'uses swine team.can met to no* iV Me ?.tog It b Sal at L k awv a000aMl�>rmar inset sent.rot.et OW%troy eves the eaabrg Hance,sal Lake ecy cnen%tt al,etu°trce of u•vut Santa Watt Ric toroa*en pp an keep now. • -Pero/optic..-Loge rg nesperceplons abaft:)rat l.anr taws.Ciu a dsasy and Irk co a • cary rates few lc,a he'rope^r., %:^rant downtown ire strap feet:P.rrat i.eLa Sat kes at fly to comvra 4r lave conrerta,s '- Addressingt,eu nut%ray be as a-canardu It.Hub of a corv.n-.an creel total i[ �` F _�.. _'•'[*--...-.,-lA.. 1--1.--,....-..- -1 --r• - �-,,8w•-_- c;.y' _.1 s 4 7/14/2011 Salt Lake Chamber Working Group Salt Lake Chamber Committee Key Findings Continued... Policy Recommendation ne^a amens ommtm"man m a The Sat Lake Chamber support policies and proie_ts that • raodp0-0Won. kavre ewrws TKos,nana.11 helpv to prow sea Lakes cion center housy i uludins woe Ina stonarton athe emimrn.tea=Know,roe.icon Ono ,e ban.an 14r Kos,p1pOs0" Cevebpmn:ofaconvM.ion center hotel that ttilcesa - - pnrately-led financing model.Public financial support Shook: *on Rote-noes tor loan oK sk.f1keT Inky to sowaseeconenso kOnCy be devoted to a public purpose.De tended and be consistent veto.. A sopa,tiw yewor no rosey•oneear<s with fnant»p used for other significant pnva:ely.IM protects •n• dawn•� 'N ..e+"a to^=Coop✓+-••m in Sat Lake.State and local govenlnent should also support policies that maxcnce promotion finds,increase Llah-s reputes as a welcoming and hospitable sale create a- One to,cents,en Sal Lake as•coma:non eastratIon p" only arts,natural and entertainment district downtown,and maintaor a test rate public transit system a,Knee mono..maroon,roe sat mace cam..ctn.trot ret Private Development Interest Salt Lake Convention Hotel Objectives oLoKred sincerecnchrsceorrw sat Lake Chamber:eve*process Sat Lake - moms ..nn one MOctt Sax Palace Convents.M«ei eerakar.tlt.l000 • Courey and San Late Coy have been a:pecaoreoand met war venous ...mates n rre are ownekra aweenem per vat sax Lae Level ressCL .deveMpmentteams emtessno desire n proceedog •yrppera novas. efy"eee Wren..vamapsw tic sax Palace Cameroon emelt Saetake Convention Motel pnect Carter Saloon,mansstesne 1 try a nra,.trend eon Cwr a-.,m and Meek, - all nteresteeeevelopmenneams have eamesseda reed for apuyric .�._ omewattunt ulmndase-ineen-as need n ere Feasrbety tenon Srensvewe-ppev'nd al e<e raven.u!ea and man.,move,en cal erne Cherroeraeyhgrps-'Research rid...estl Me saetake sae Late(Cw) Coon:erhotel.Carom for ran Late,but Me otter -.room ate men,space otent DO so kal per eaet npom Ma rawuns oars., Conmraueaw:ad reduee sdmear:It mooventrnentStrOO• Spa.for by sae We ewPr.Krttanwnws.Y err aro.uxe eameme.a Cart .erwbn,teper - Tolapiare our waebepa.,rCanon Sal Lake County anmsan Lake Cry coarsen rlee Sat Lake,.ar us naeme«Rwrno rote)eb,•r:less be men mom a we re oternannal sato., •too»..an or.ae.ma.n Prar.:..w p.m n.tsrema -LaaOcedes -Naers Or exceeds Sat Sat Lake Cxt mean nes,ogeerrea cod emdardx nmysYre sue...Sewn W,ei guests.meet:,re Meow'M over. in San Pa prop eewe _. _ _. .,d,:wA4a.a.3�,aar ?3"' - ' : Salt Lake Convention Hotel Objectives Public Financing Possible Sources Continued... ran moos n any Sat take cry pars,nanaowme powam CFDA Identified Salt Lake County and Salt Lake City Public seances parta.,parade financingfor this t • •Meat'pine.wrores peerences tobcr mace, oPportunitiea project {rpNes a precp,tes n bane,amoral,to urde sered cormunews 4aneraes a net w k,arpa W Cm, c for sax e C C • erres posa,oa sase acononse sral a anp Sat and aes nor S Gm Lake pay and County Salt Lake County .Prtuy turn.arm...a ne grope tate par mannyvp me TRT(Current capacity and site specific) ramose RDA ICDA Increment extension I participation -tear -tem mem..ova.N by ceveMooMemertat. rm -Progeny recess,arxamendde etwe a amend or lie Oentr.,...a'wrcrra Salt Lake City -sat Lake County may parole Chinon!maze,rt wow.-de.npp.r stares RDA/CCA «.!saes rot"wedere ant a and.SC Palace solar meet row - ' •Oerelopmore,.Cone am aan th ae co pal.ram,.one news • Innkeepers Tax(Municipal Transient Room Tax,UT rCes Kt Cdnsewpn neV,bcnmm aae'r ecwnaa.sm, code.sections 59-12S52a 59-12-153) • pre senor:cal uses.mlerrn Of,any areal.antra dnLttes...+.r aN ( ,l- '-'a,p 5 7/14/2011 Next Steps .In conversations with the DistrictAttomeys office and Salt Lake it has been determined that the next step is Lhe development -nd joint SLCO/SLC issuance of an RFP for the development of a convention center hotel. /Acor,wharf we..ork with and advise sar:take Country rW Sal'take Ciry regarding en.development of a Convention Ceres.,Not el .au M as ere recommended RFPtsj process for such development) • e RFP results will determine public financial support needed to • ilitate the development of a convention center hotel. Secure public financial contribution and finalize Salt Lake County and Salt Lake City interlocal agreement. t j Fi S 6 A g State Redistricting Committee Map Proposals Fact Sheet At a recent public meeting held in Salt Lake City,the State Redistricting Committee invited the Salt Lake City Council, along with the public,to submit map proposals for the Committee's consideration. U.S. Congressional and Utah House,Senate, and State Board of Education redistricting plans submitted are expected to be reviewed by the State's Redistricting Committee on August 19th Guiding Principles—State Redistricting Committee Before the Redistricting Committee began visiting different parts of the State to gather public input, they adopted a set of guiding principles. These criteria, along with Federal and State law,will guide the process for designating new Congressional, Legislative, and School Board boundaries. 1. Congressional districts must be as nearly equal as practicable with a deviation not greater than ±.1%. 2. State legislative districts and state school board districts must have substantial equality of population among the various districts with a deviation not greater than ±3.5%. 3. Districts will be single member districts. According to the Merriam-Webster Dictionary, a single member district is an electoral district or constituency having a single representative in a legislative body rather than two or more,which is found in proportional representative government. 4. Plans will be drawn to create 4 Congressional Districts, 29 State Senate Districts, 75 State House Districts, and 15 State School Board Districts. 5. In drawing districts,the official population enumeration of the 2010 decennial Census will be used. 6. Districts will be contiguous and reasonably compact. District Population Requirements Based upon the population deviation requirements adopted by the State Redistricting Committee, Congressional and Legislative districts require the following number of Utah residents: District State of Utah Salt Lake City Salt Lake County ti 1_k „ ,' �,.� ..�.v. Number of Districts based on target population Congressional 690,971 4 0.27 1.49 State Senate 95,306 29 1.90 10.80 State House 36,852 75 5.06 18.70 Guiding Principles-Salt Lake City Redistricting Process '° " In addition to complying with all federal and state legal requirements,the Salt Lake City Council has established the following principles to guide the process of establishing new Council and School Board District boundaries. • Balance City and School Board districts to be substantially equal in population among the various districts with a deviation not greater than ±5%or no more than 1,350 people. • Maintain neighborhood areas with similar characteristics and take into consideration communities of common interest. • Recognize natural boundaries, such as physical separation of areas. • Recognize human-made boundaries,such as major streets and freeways. • Maintain compact and contiguous districts as much as is possible. • Consider existing Council and School Board boundaries in order that they: o Remain consistent and unchanged if doing so does not violate state or federal law. o Remain consistent with the current configuration, with changes being limited to the maximum extent possible. o Avoid removing existing representatives from the district to which they were elected, where possible. o Avoid reconfiguring for the purpose of political advantage. Sample Map Characteristics Amsk The following maps have been prepared by Council Staff. They are NOT in order of preference. The maps aim to keep geographic boundaries including counties, cities and towns intact as much as possible. Note: State Senate and State House maps have not been included for discussion. The Legislative Subcommittee suggested that Council Staff prepare letters of support for the Senate map drawn by Senator Ben McAdams and the House map drawn by Representative Brian King. These letters of support will be drafted and sent to you within the next few days for your consideration and approval. Congressional Map 1 1. Goal =Create Congressional Districts that combine cities outside of Salt Lake County. Population Table District Total Population Population Deviation %Deviation 1 691,327 +356 +0.05 2 691,110 +139 +0.02 3 690,618 -353 -0.05 4 690,830 -141 -0.02 Total 2,763,885 2. Map Characteristics I. Salt Lake City is within the boundaries of District 2 II. Other geographic boundaries within District 2 (Note: if less than 100%of a County or City is contained in a district, division information is included) a. Tooele County b. Summit County(30,503 residents or 84%of county's population) c. Magna Township d. West Valley City e. South Salt Lake f. Millcreek Township g. Tay/orsvi/le h. Kearns Township i. Murray j. Holladay k. Alta III. Cities that are divided among multiple Congressional Districts a. Lehi (%of geographic area is contained in District 3 and %: in District 4— Interstate 15 is the dividing line). IV. Areas of potential concern a. Salt Lake County split into 3 Congressional Districts. 1. District 2-Cities and Townships North of 6400 South 2. District 3 -Cities of Herriman, Riverton and Bluffdale 3. District 4-Cities and Townships South of 6400 South excluding Cities in District 3 Congressional Map 2 Asik 1. Goal =Combine Salt Lake City with other cities and townships in Salt Lake County that are urban in nature. Sandy is kept whole in this map. Population Table District Total Population Population Deviation %Deviation 1 690,962 -9 0.00 2 691,065 +94 +0.01 3 691,109 -84 -0.01 4 690,971 0 0.00 Total 2,763,885 1. Map Characteristics I. Salt Lake City is within the boundaries of Congressional District 2 II. Other geographic boundaries within District 2 (Note: if less than 100%of a County or City is contained in a district, division information is included) a. West Valley City b. South Salt Lake c. Millcreek Township d. Emigration Township e. % of Kearns Township f. Holladay g. Murray .. h. Midvale i. Cottonwood Heights j. Sandy k. Granite Township I. White City Township m. Alta Ill. Areas that are divided among multiple Congressional districts a. Kearns Township(14 of geographic area—North/South split) b. Lehi City(%of geographic area—along Interstate 15) a. Springville City(1/3 of geographic area—North/South split) IV. Areas of potential concern a. Eastern Utah County split from Western and Southern Utah County 1. District 3 - Eagle Mountain,Saratoga Springs, Spanish Fork, Payson. 2. District 4- Provo, Orem,American Fork, Highland C 0 Salt Lake City Council: Congress 3 M J ' 'a ry Lf j It 4� � r "dam r i' " 44., ' -, -;- , \tr., -)g...,--,..';,d--,K� , - 9••� �"• � f - FF �.1, 4a / j �^ FMt J if* "4 "y • s f r �i f + 5' Pk' i . t/ r A. 0 Rnv� it 'i rl f t}. , lei,;. �F , .4...• t,r / - f i . __ %',4/p w..w �a ^' .. .. y.rr / • 0 C L •p Terrace - � - Salt Lake City Council: Congress 3 WASATCH-CACHE N.F. intah Mountain Green 13.0,N - - .300 N. - ' 800 N - - • West Poi •_o 30 J Weld eterson y„ o' HWY 193 3; o. N�Syracuse 3 IC // o GORDON A 0 O LL GENTILE ST Layton m Mi - Devils Slid. co 0 20s Kaysville Littleton ^y Fruit Heights 0 0vy 0 ` r,•• MORGAN COUNTY RichWllen S RDLN T • ATCH-CACHE N.F. Farmington , Portervilla SUM IT COUNT 0 O m 4. •S es aia C i•SE LN Centerville , N,.. P ES LN West Boon ulBountiful i-/ Sr S 3 oods Cross ro y�•r'• c t 0 S > � I �.'T.!.'',v orth Salt Lake S CENT ST I F q,•'R WA:SATCH-CA1CHE N.F. �� - A0 I/ — Salt Lake Clly InternationalIf C -- ��'. + 7T '•w.. �{. NO 'LE ST WASATCH-CACHE N.F. 3 Salt Lake City 0 `' 20 ,n m C F 1300 S OUNTV Hint Jut c' HWY 201 ' to Klm. I Jo • - - South Salt Lake y� PARKWAY c VD 3100S WASAT -CACHE N.F. c 3500 S WeSt Vail"y City 3300 S' • w 3 D S 3' W Snydervill= e� o 4100 S 3 0 0 3900 S o ." L rc 4700 S 4700 c Taylo - ilia 4500 S N Holl y Mills Junction ALT LAKE COUNTY 14 O. SOtansbury Park 5400 S 't O -'00 S o:. Z 3 3 Murray 6200 • m i' w 3 M _ 7000 S •••Heights Erda' 0 m • 7800 S West Jo • Midvale __>- ;C_- o •a0 8600 S CREEKORD Bright S' = c w. 9000 S o w Alta ,• 3 a o m 1O 3, 59 � n o-980os U o' o No dan o'� c O or r4 - o r 1400 S Z Tooele _ - 11800 S _N O "o: ,r 0-per 2.,TOOELE COUNTY 12600 S or � Berton- -U HERRIMAN HWY -a _0. - - - -- 13400 S ' ' pP- sO 0Bluffdale G,ZYP O 7 WASAT COUNT 3vv. b_>� 4 Alpine C. O Pl\N� OOP RO IIy,` HWY 92 3500 N 11000 N e; p0 -- - Highland, UINTA N.F. li tn, 3 CCedar Hills 'F. TORRD MAIN S_T_ o OL W CEDARF o o.` American Fork' Ophir - C UTAH COUNTY 400 N . ui,' A W i = 0‘PleasantGrove 4 0 N. Saratoga Springs Lindon , O Cedar Fort Z S MerCur 0 - :oo�Orem .__ - N' i 7' Cr, l T.'yard • • Agenda Item—A-8 The Council will discuss a potential redistricting map proposal that could be submitted to the State of Utah Redistricting Committee as the official recommendation from the Salt Lake City Council. At a recent public meeting, the State Redistricting Committee invited the Salt Lake City Council, along with the public, to submit map proposals for the Committee's consideration. U.S. Congressional and Utah House, Senate, and State Board of Education redistricting plans submitted are expected to be reviewed by the State's Redistricting Committee on August 19th. Note: The Legislative Subcommittee will meet on Monday, August 86,to review and provide feedback on map proposals prepared by Council Staff. SALT LAKE CITY COUNCIL STAFF REPORT BUDGET ANALYSIS- FISCAL YEAR 2011-12 DATE: August 9, 2011 BUDGET FOR: CAPITAL IMPROVEMENT PROGRAM (CIP) FUND- FOLLOW-UP BRIEFING STAFF REPORT BY: Karen Halladay, Budget and Policy Analyst Jennifer Bruno, Deputy Director, Office of City Council cc: David Everitt, Gina Chamness, Gordon Hoskins Frank Gray, Mary De La Mare-Schaefer, Luann Clark, Sherrie Collins Note: The City's 10-Year Capital Facilities Plan and Impact Fees briefing is scheduled for August 23,2011. During the June 14th CIP briefing the Council balanced the Fiscal Year (FY) 2011-12 CIP allocations. However, the Council requested additional information from the Administration before finalizing the CIP allocations for FY 2011-12. Some items were given approval at the meeting: Debt Service - $3,757,013 and Time Sensitive Items-$166,223 (Parley's Historic Nature Park Trail and Stream Restoration for$150,233 and Wasatch Hollow Open Space Pathway Project for $16,000). Although CIP funds were allocated to projects and balanced, the Council's review of the additional information and final decisions are needed before the Administration can establish budgets for approved projects. Category Amount Additional Information Debt Service $3,757,013 The total amount was approved by the Council on 6/14/11. Capital Asset $3,190,000 See below - Item 2 - for response regarding Management(CAM)and question raised during briefing. Public Facilities Set Aside Pay as You Go Projects $6,360,611 • See below - Items 6, 7, 13, 16, 19 and 22 - for responses regarding questions raised during briefing. • Item 23 - Parley's Historic Nature Park $150,223 Trail and Stream Restoration - was approved for$150,223 on 6/14/11. $16,000 • Item 24 - Wasatch Hollow Open Space Pathway Project - $16,000 was approved on 6/14/11. • Item 13 - Local Street Reconstruction FY 2011-12 was used as the balancing item. Total Allocation $13,473,847 The Administration has provided additional information regarding questions raised by the Council during the June 14,2011 CIP briefing. Item 2-General Fund Set Aside-Public Facilities Maintenance Set Aside 1 Question: How much is allocated City-wide for repair and maintenance, and how are repair and maintenance projects evaluated,prioritized and selected? Response: The total Facilities Budget,which includes Central Business District costs,is as follows: Description Amount Maintenance-Personal Services Costs(Labor) $2,294,999 Maintenance-Supplies,Materials,and Support $1,307,534 Non-Maintenance - Utilities, Janitorial, Security, $2,476,855 Other Total $6;079,388 According to the Administration, the selection of facility maintenance projects is based on: repair frequency and cost, age/equipment life cycle, customer requirements, potential of energy reduction, and availability of funding for repairs and/or replacements. Council Staff has requested additional information regarding the repair and maintenance of City facilities. Council Staff has also asked for information regarding the process for determining when repair and maintenance costs are funded by General Fund and when the CIP Public Facilities Maintenance Set Aside funds are used for repairs and maintenance. • Item 6-General Fund Pay as You Go Projects-500/700 South Street Reconstruction,Phase 3-3670 West to 4230 West Afaktt Question: What is the estimated cost to add an additional 1,100 linear feet of road to this project, which would address concerns raised by an adjacent property owner? Response: An additional 1,500 of lineal feet would be added in order to include the Metals business. The additional cost for the Streets portion only is estimated at$1,120,000. It is estimated that adding the water and storm drain utility costs,Public Utilities costs,would add another$500,000 if the project scope was expanded by the 1,500 lineal feet. Additionally, the Public Utilities timeframe would also have to be considered if this project scope was expanded. Unless additional budget was appropriated for Streets and Public Utilities,other projects would not be able to be completed as planned. ►Council Staff Note: Recently in economic development conversations, individual Council Members have raised the thought that focusing on Government's role as infrastructure provider may serve a greater public purpose than providing economic development subsidies to attract particular businesses. The Council may wish to discuss whether this CIP project fits with the philosophy that has been mentioned. • Item 7 - General Fund Pay as You Go Projects - Washington Square Event and Square Electrical Power Question: Should the entire project cost be funded and then bill event organizations a usage fee that allows the cost of the equipment to be recovered? Response: The original proposal was for the City to invest in the power distribution system and then bill event organizations - cost recovery for both electrical power usage based on metering and a portion of the equipment/power distribution infrastructure. The Mayor's recommended funding of $400,000 did not fully fund the project. The Council recommended fully funding the project at $499,966. • Item 13-General Fund Pay as You Go Projects-Local Street Reconstruction FY 2011-12 *n Question: Is it possible to receive regular reports on the status of Local Street Reconstruction? 2 Response: The Administration indicates that reports can be provided to the Council on a regular basis. Per the information, guidance from the Council on report specifics and the frequency of the reports would be helpful to the Division. Reports the Council could consider asking for may include an inventory of the City's streets, location, age,quality/condition,project improvements needed, and/or a projected timeline for action. (Note: According to information provided by the Division,the street condition database and field surveys are used to select projects. Street ride quality, rutting, cracking,and maintenance history are also considered when selecting street reconstruction projects. Additionally, the Administration indicates that streets identified for reconstruction and overlay work always exceeds the amount of funding available each year-the overall condition of the City's street net-work drops each year due to inadequate funding needed to address the City's infrastructure needs.) • Item 16-General Fund Pay as You Go Projects-Tracy Aviary Sidewalks and Tree Pruning Question: Are these costs eligible to be paid out of the Salt Lake County bond issue? Response: The Administration submitted a transmittal asking the Council to consider a scope change, since the original application for sidewalks and tree pruning was covered from bond proceeds, and has been completed as part of the Owl Forest exhibit. According to the transmittal,the Aviary is in the process of completing Phase II of its Master Plan. This phase has three components: o First component, Wilson Pavilion, some smaller exhibits, and infrastructure, has been completed. o Second component, Education/Guest Service Building and visitor flow in northern section of the Aviary,is currently under construction. o Third component, Rainforest, bird show theater, and holding space, is the final component of Phase II. The scope change would be associated with the construction of 1) a pedestrian path around the pelican pond inside the Aviary,2) an entry/orientation plaza that becomes the entry focal point, and 3) a tie-in with the Aviary to Liberty Park. The overall proposed project budget is$462,044. • Item 19 - General Fund Pay as You Go Projects - Faultline Gardens Park Security Lighting Improvements-1050 East 400 South Question: What,if any,impact will there be to the neighbo