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HomeMy WebLinkAboutTransmittal - 4/28/2023Erin Mendenhall DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: April 27, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2022-00810 – West Temple Rezone STAFF CONTACT: Nannette Larsen, Senior Planner, nannette.larsen@slcgov.com 801-535-7645 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the Council follow the recommendation of the Planning Commission to approve the property Zoning Map Amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This is a request by the property owner, Sattar Tabriz and Renpro Two, to amend the zoning map for three properties located along West Temple, at approximately 1350, 1358, and 1370 South West Temple. The rezone would amend the properties on the Zoning Map from RB (Residential Business) to TSA-UC-C (Transit Station Area Urban Center Core). The Planning Commission heard the request on January 11, 2023, and forwarded a recommendation to City Council to approve the proposed amendment to the Zoning Map with one condition –That a development agreement is recorded on the 1350 South West Temple site, to ensure the replacement of the one residential dwelling unit. That draft development agreement has been included in this transmittal as Exhibit 2. The properties under review front along the west side of West Temple, just south of 1300 South. The three sites are directly west of Smith’s Ballpark Stadium. 4-28-2023 4-28-2023 Lisa Shaffer (Apr 28, 2023 09:51 MDT) All three properties are within the newly adopted Ballpark Station Area Plan, adopted by Council on October 18th, 2022. The Ballpark Station Area Plan includes a Future Land Use Map that designates the subject properties as part of the “Heart of the Neighborhood”. The Heart of the Neighborhood designation recommends a transit station area urban station district for this area, this may be either the TSA-UC (Transit Station Area Urban Center) or TSA-UN (Transit Station Area Urban Neighborhood). The proposed zoning map amendment would meet the intent of the Ballpark Station Area Plan’s Future Land Use Map. The purpose of rezoning the subject sites is to demolish the three existing structures on the sites and redevelop the properties to high-density mixed use – with a retail ground floor and residential units on the upper floors. PUBLIC PROCESS: • Information regarding this request was sent to the Chair of the Ballpark Community Council on September 22, 2022. o The Ballpark Community Council met on the proposed amendment on October 6, 2022.  Comments received during this meeting were concerns over safety of the area, impacts of a high-density residential development, traffic, preservation of the two existing structures, pedestrian experience, and active ground floor uses. • Property owners and residents within 300 feet of the development were provided early notification of the proposal on September 22, 2022. • Public notification for the Planning Commission Hearing was mailed December 29,2022 to all neighbors within 300 feet of the subject site. • A public hearing notice was mail and public notice was posted on City and State websites and Planning Division listserv on December 27, 2022. Planning Commission (PC) Records a)PC Agenda for January 11, 2023 (Click to Access) b)PC Minutes for January 11, 2023 (Click to Access) c)PC Staff Report for January 11, 2023 (Click to Access) EXHIBITS: 1)Chronology 2)Development Agreement 3)City Council Public Hearing Notice 4)Mailing List 1. CHRONOLOGY West Temple Rezone Project Chronology PLNPCM2022-00810 August 11, 2022 Zoning Map Amendment application submitted August 17, 2022 Zoning Map Amendment application completed and accepted September 1, 2022 Petition assigned to and received by Nannette Larsen September 12, 2022 Master Plan Amendment application submitted September 14, 2022 Master Plan Amendment application completed and accepted September 14, 2022 Petition assigned to and received by Nannette Larsen September 22, 2022 Chair of the Ballpark Community Council notified of the proposed amendments September 22, 2022 Early notification of the proposal sent to property owners and residents within 300 feet of the sites October 6, 2022 Ballpark Community Council meeting to discuss amendments October 18, 2022 Ballpark Station Area Plan adopted by Council. Master plan amendment request closed November 29, 2022 Public comment received through email. Regarding preservation of the structures located at 1350 and 1358 S. West Temple December 27, 2022 Public hearing notice was mailed and posted on City and State websites December 29, 2022 Public notification of the Planning Commission hearing mail to property owners and residents within 300 feet January 5, 2022 Public comment received through email. Regarding preservation of the structures located at 1350 and 1358 S West Temple and concerns of massing and no pedestrian interest of the redevelopment January 11, 2022 Planning Commission public hearing 2. DRAFT DEVELOPMENT AGREEMENT WHEN RECORDED, RETURN TO: Salt Lake City Corporation Attn: Planning Director 451 S. State Street, Suite 406 Salt Lake City, Utah 84111 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into by and between SALT LAKE CITY CORPORATION, a political subdivision of the State of Utah (“City”) and Sattar Tabriz, (“Developer”). City and Developer may be referred to herein collectively as “Parties.” RECITALS A. Developer is the owner of approximately .23 acres of residential land located in the Ballpark neighborhood with an address of 1350 S. West Temple and parcel number 15-13-226- 004-0000 (hereinafter the “Property”.) B. Developer submitted an application seeking to amend the Zoning Map to allow the development on the Property and two other parcels of a certain Mixed-Use Project described as the West Temple Apartments. C. In order to erect this designated mixed-use project at the aforesaid address it would be necessary to amend the Zoning Map so that the Property, currently classified as Residential Business District (RB), could be reclassified as Transit Station Area Urban Center Core District (TSA-UC-C), thus allowing for an increase in density. D. Specifically, Developers intend to erect a six-story mixed-use project containing approximately one hundred thirty-five dwelling units. E. The Salt Lake City Planning Commission heard this matter on January 11th, 2023, at the conclusion of which the commission voted in favor of forwarding a positive recommendation on the petition to the Salt Lake City Council, subject to Developer entering into a development agreement requiring Developer to replace a residential dwelling unit situated on the Property that will be demolished as part of the proposed development project. F. The Salt Lake City Council held a public hearing on the petition on __________and at a meeting on __________________ voted to approve Ordinance No.______of 2023, which approved Developers’ petition to amend the Zoning Map to change the zoning to Transit Station Area Urban Center Core (TSA-UC-C), subject to Developer entering into a development agreement with the City to ensure compliance with certain conditions relating to the replacement of one dwelling unit. G. City, acting pursuant to its authority under the Municipal Land Use, Development, and Management Act (Utah Code §§ 10-9a-101, -803, as amended), and in furtherance of the land use policies, goals, objectives, ordinances, and regulations of Salt Lake 2 City, in the exercise of its legislative discretion, has elected to approve and enter into this Agreement. For good and valuable consideration, therefore, the receipt and sufficiency of which are hereby acknowledged, and in reliance on the foregoing recitals, City and Developer agree as follows: 1. Incorporations of Recitals. The Parties hereby incorporate the foregoing recitals into this Agreement. 2. Obligations of the Parties. The Developer and the City agree as follows: (a) Developers’ Obligations: Developer agrees to comply with the following conditions, limitations, and design requirements in its development of the Property and construction of all structures and improvements thereon: i Development of the Property shall include at least one residential dwelling unit; (b) City’s Obligations: Following recording of this Agreement against the Property, the City shall cause Ordinance No. ____of 2023 to be published within 14 days of Developer providing proof to the City that the Agreement has been recorded. The City is further obligated to issue all necessary permits and certificates of occupancy for development of the Property that meet all requirements of law and satisfy Developers’ obligations under this Agreement. 3. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. 4. Other Necessary Acts. Each Party shall execute and deliver to the other any further instruments and documents as may be reasonably necessary to carry out the objectives and intent of this Agreement. 5. Construction/Interpretation. Developer has been informed that it is customary to consult legal counsel in the preparation and negotiation of the terms of development agreements. Developer has either done so or chosen not to. Should litigation arise from any breach of this Agreement, the Parties agree that no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement. 6. Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive. 7. Covenants Running with the Land. The provisions of this Agreement shall constitute real covenants, contract and property rights, and equitable servitudes, which shall run with the land subject to this Agreement. The burdens and benefits of this Agreement shall bind and inure to the benefit of each of the Parties, and to their respective successors, heirs, assigns, 3 and transferees. Developer shall record this Agreement against the Property with the Salt Lake County Recorder. 8. Term. This Agreement shall terminate upon the City’s issuance of a certificate of occupancy for development on the Property that meets Developer’s obligations as set forth in section 2(a) of this Agreement after required inspections confirm that all requirements of law and this Agreement have been met. 9. Waiver. No action taken by any Party shall be deemed to constitute a waiver of compliance by such Party with respect to any representation, warranty, or condition contained in this Agreement. 10. Remedies. Either Party may, in addition to any other rights or remedies, institute an equitable action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and rights of the Parties hereto, or to obtain any remedies consistent with the foregoing and the purpose of this Agreement. 11. Utah Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Utah. 12. Covenant of Good Faith and Fair Dealing. Each Party shall use its best efforts and take and employ all necessary actions in good faith consistent with this Agreement to ensure that the rights secured by the other Party through this Agreement can be enjoyed. 13. No Third-Party Beneficiaries. This Agreement is between the City and Developer. No other party shall be deemed a third-party beneficiary or have any rights under this Agreement. 14. Force Majeure. No liability or breach of this Agreement shall result from delay in performance or nonperformance caused, directly or indirectly, by circumstances beyond the reasonable control of the Party affected (“Force Majeure”), including, but not limited to, fire, extreme weather, terrorism, explosion, flood, war, power interruptions, the act of other governmental bodies, accident, labor trouble or the shortage or inability to obtain material, service, personnel, equipment or transportation, failure of performance by a common carrier, failure of performance by a public utility, or vandalism. 15. Entire Agreement, Counterparts and Exhibit. Unless otherwise noted herein, this Agreement is the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and Developer. 16. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES. Developer represents that they have not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt 4 Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. 17. GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT. City is subject to the requirements of the Government Records Access and Management Act, Chapter 2, Title 63G, Utah Code Annotated or its successor (“GRAMA”). All materials submitted by Developer pursuant to this Agreement are subject to disclosure unless such materials are exempt from disclosure pursuant to GRAMA. The burden of claiming an exemption from disclosure shall rest solely with Developer. Any materials for which Developer claims a privilege from disclosure shall be submitted marked as “Business Confidential” and accompanied by a concise statement of reasons supporting Developer’s claim of business confidentiality. City will make reasonable efforts to notify Developer of any requests made for disclosure of documents submitted under a claim of business confidentiality. Developer may, at Developer’s sole expense, take any appropriate actions to prevent disclosure of such material. Developer specifically waives any claims against City related to disclosure of any materials required by GRAMA. [Signature Page to Follow] 5 EFFECTIVE as of the _____ day of , 2023. APPROVED AS TO FORM: Salt Lake City Attorney’s Office _________________________________ , City Attorney CITY: SALT LAKE CITY CORPORATION, a Utah municipal corporation _____________________________________ Erin Mendenhall, Mayor ATTEST: Salt Lake City Recorder’s Office _________________________________ City Recorder STATE OF UTAH ) :ss COUNTY OF SALT LAKE ) This instrument was acknowledged before me this ____________, 2023, by Erin Mendenhall, Mayor of Salt Lake City Corporation, a Utah municipal corporation. WITNESS my hand and official seal. ___________________________ Notary Public 6 DEVELOPER: Sattar Tabriz By: Sattar Tabriz STATE OF UTAH § § COUNTY OF SALT LAKE § This instrument was acknowledged before me on the ___ day of ___________, 2023, by ______________ duly authorized member/shareholder/partner of WITNESS my hand and official seal. ___________________________ Notary Public 7 EXHIBIT “A” Legal Description of Property 1350 S West Temple, Salt Lake City, UT Tax ID No. 15-13-226-004-0000 HOLLAND SUB 0525LOTS 27 & 28, BLK 1, HOLLAND SUB 5054-0652 5784-1259 08957- 7609 3. CITY COUNCIL PUBLIC HEARING NOTICE NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2022-00810 – West Temple Rezone –Salt Lake City received a request from Sattar Tabriz with Ward Engineering, the property owner, for a proposed Zoning Map Amendment to the properties located at approximately 1350, 1358, and 1370 South West Temple. The requested amendment would rezone the properties from the current RB (Residential/Business) to TSA-UC-C (Transit Station Area Urban Center Core) Zoning District. The requested application is to facilitate future redevelopment of the site to allow for mixed-use structure that would include commercial and multi-family residential uses. As part of their review, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held electronically: DATE: TIME: 7:00 p.m. PLACE: Electronic and in-person options. 451 South State Street, Room 326, Salt Lake City, Utah ** This meeting will be held via electronic means, while also providing for an in-person opportunity to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, including WebEx connection information, please visit www.slc.gov/council/virtual-meetings. Comments may also be provided by calling the 24-Hour comment line at (801) 535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Nannette Larsen 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 nannette.larsen@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/ , by selecting the “Planning” tab and entering the petition number PLNPCM2022-00810. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711. (P 19-19) 4. MAILING LIST OWN_FULL_NAME OWN_ADDR own_unit OWN_CITY OWN_STATE OWN_ZIP COLMENA 1300, LLC; HARVEST ROAD, LLC 1000 S MAIN ST           SALT LAKE CITY UT 84101 LC F I S 1000 S MAIN ST           SALT LAKE CITY UT 84101 1300 BALLPARK, LLC 1000 S MAIN ST           SALT LAKE CITY UT 84101 Current Occupant 105 W 1400 S Salt Lake City 84115 UT THE PLUMBER, LLC 105‐109 W 1400 S         SALT LAKE CITY UT 84115 Current Occupant 119 W 1400 S Salt Lake City 84115 UT Current Occupant 124 W 1400 S Salt Lake City 84115 UT FIREFIGHTERS CREDIT UNION 124 W 1400 S # 101       SALT LAKE CITY UT 84115 JEFFERSON BALLPARK, LLC 1240 E 2100 S            SALT LAKE CITY UT 84106 Current Occupant 126 W ALBERMARLE AVE Salt Lake City 84115 UT Current Occupant 127 W ALBERMARLE AVE Salt Lake City 84115 UT Current Occupant 1306 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1308 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1309 S JEFFERSON ST Salt Lake City 84115 UT Current Occupant 1310 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1312 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1314 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1317 S JEFFERSON ST Salt Lake City 84115 UT Current Occupant 1321 S JEFFERSON ST Salt Lake City 84115 UT L.L.C. LISA ANNE MADSEN 1328 SECOND AVE          SALT LAKE CITY UT 84103 Current Occupant 1333 S JEFFERSON ST Salt Lake City 84115 UT Current Occupant 1338 S JEFFERSON ST Salt Lake City 84115 UT Current Occupant 1339 S JEFFERSON ST Salt Lake City 84115 UT Current Occupant 1340 S JEFFERSON ST Salt Lake City 84115 UT CARVER SHEET METAL WORKS, INC 1349 S JEFFERSON ST      SALT LAKE CITY UT 84115 Current Occupant 135 W 1300 S Salt Lake City 84115 UT Current Occupant 1350 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1355 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1357 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1358 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1365 S JEFFERSON ST Salt Lake City 84115 UT Current Occupant 1370 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1376 S JEFFERSON ST Salt Lake City 84115 UT Current Occupant 1380 S JEFFERSON ST Salt Lake City 84115 UT BALL PARK APARTMENTS, LP 1380 S WESTTEMPLE ST     SALT LAKE CITY UT 84115 Current Occupant 1381 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1385 S JEFFERSON ST Salt Lake City 84115 UT Current Occupant 1386 S JEFFERSON ST Salt Lake City 84115 UT STANLEY J BANKHEAD 1388 S RICHARDS ST       SALT LAKE CITY UT 84115 Current Occupant 1390 S JEFFERSON ST Salt Lake City 84115 UT Current Occupant 1394 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1395 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1397 S WEST TEMPLE ST Salt Lake City 84115 UT Current Occupant 1401 S WEST TEMPLE ST Salt Lake City 84115 UT SANDRA L TANNER 1429 E ROOSEVELT AVE     SALT LAKE CITY UT 84105 UTAH LIGHTHOUSE MINISTRY INC 1429 E ROOSEVELT AVE     SALT LAKE CITY UT 84105 SANDSTONE CAFE LLC 2182 E BALD EAGLE CT     DRAPER UT 84020 MUNICIPAL BUILDING AUTHORITY OF SLC 301 W SOUTHTEMPLE ST     SALT LAKE CITY UT 84101 EVANS, EDMUND P CORP 3211 W STARLITE DR       WEST JORDAN UT 84088 SHERRY VINA; ANTHONY D VINA (JT) 3751 S WASATCH BLVD      SALT LAKE CITY UT 84109 VICTORIA JOURDIN, LLC 38 S NORTHRIDGE WY       SANDY UT 84092 RUECO, LLC 4267 SUMMERMEADOW DR     BOUNTIFUL UT 84010 RENPRO TWO, LLC 6434 S 1650 E            SALT LAKE CITY UT 84121 Current Occupant 77 W 1300 S Salt Lake City 84115 UT BIJCO LLC 8704 S SUGARLOAF DR      COTTONWOOD HTS UT 84093 MUNICIPAL BUILDING AUTHORITY OF SLC PO BOX 145460            SALT LAKE CITY UT 84114 JEFFERSON STREET LLC PO BOX 571217            SALT LAKE CITY UT 84157 SALT LAKE CITY ORDINANCE No. _____ of 2023 (Amending the zoning of properties located at approximately 1350, 1358, and 1370 South West Temple Street from RB Residential Business District to TSA-UC-C Transit Station Area Urban Center Core) An ordinance amending the zoning map pertaining to properties located at approximately 1350, 1358, and 1370 South West Temple Street from RB Residential Business to TSA-UC-C Transit Station Area Urban Center Core pursuant to Petition No. PLNPCM2022-00810. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on January 11, 2023 on a petition submitted by Sattar Tabriz (“Applicant”), the property owner and representing the property owner, Renpro Two LLC, to rezone properties located at 1350, 1358, and 1370 South West Temple Street (Tax ID No. 15-13-226-004; 15-13- 226-005; 15-13-226-006) (the “Properties”) from RB Residential Business to TSA-UC-C Transit Station Area Urban Center Core pursuant to Petition No. PLNPCM2022-00810; and WHEREAS, at its January 11, 2023 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said petitions; and WHEREAS, following a public hearing on this matter the City Council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Properties identified on Exhibit “A” attached hereto shall be and hereby are rezoned from RB Residential Business to TSA-UC-C Transit Station Area Urban Center Core. 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 ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance rezoning 1350, 1358, 1370 S West Temple APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney January 25, 2023 EXHIBIT “A” Legal Description of Properties to be Rezoned: 1350 South Wet Temple Street Tax ID No. 15-13-226-004 HOLLAND SUB 0525LOTS 27 & 28, BLK 1, HOLLAND SUB 5054-0652 5784-1259 08957- 7609 1358 South Wet Temple Street Tax ID No. 15-13-226-005 HOLLAND SUB 0525 LOT 29 & N 1/2 OF LOT 30, BLK 1, HOLLAND SUB 5239-0627 5694- 0682 5697-0455 5747-0697 6254-2856 06396-0429 1370 South Wet Temple Street Tax ID No. 15-13-226-006 HOLLAND SUB 1231 LOT 1 & S 1/2 LOT 30 BLK 1 HOLLAND SUB 6254-2856 8098-0991 08326-7145 10786-2036