City Mod 100

 4141 South Highland Dr Administrative: 22-04-201-023 BEG E 73 FT & S 11°12' E 130.53 FT FR N 1/4 COR OF SEC 4, T 2S, R 1E, S L M; S 11°12' E 262.54 FT; E 315.81 FT M OR L TOW R OF W LINE OF JORDAN & SALT LAKE CANAL; N 8°30'W ALG SD W LINE 217.21 FT; N 0°02' E 42.16 FT; N 89°54'20"W 334.72 FT TO BEG. 1.9 AC M OR L.Public hearing required. PC shall make a motion of either,denial, approval or to continue. All motions require findingswhich support the decision. As directed by ordinance,applications shall be approved if the Land Use Authorityfinds Substantial Evidence of compliance with applicablerequirements. Holladay Ord. 13.06.050.B2 and 13.08 Stout Building Construction HIGHLAND 4141, LLC Professional Office - PO Highland Drive Master plan - Seg A District #2 Published 08/22, Mailed 08/23 Ownership conversion
13.85 Zone map Staff ReportApplicant NarrativeApplicant supporting doc.

Carrie Marsh, City Planner “ Highland 4141 “ Preliminary / Final Plat Staff Report PC * September 19 , 2023 Page 1 CITY OF HOLLADAY Planning Commission September 19, 2023 Item # 1 Request: RESIDENTIAL SUBDIVISION – CONCEPT/ PRELIMINARY PLAN / FINAL PLAT REVIEW Project: “ Highland 4141 Office Condominiums ” Subdivision Address: 4141 S Highland Dr , Holladay Utah 84124 Applicant: Highland 4141 LLC , Owner ; Stout Building Contractors , Agent File No: 23-1- 09 Notice: M ailed by 9/28/2023

ondominiums ” Subdivision Address: 4141 S Highland Dr , Holladay Utah 84124 Applicant: Highland 4141 LLC , Owner ; Stout Building Contractors , Agent File No: 23-1- 09 Notice: M ailed by 9/28/2023 Planner: Carrie Marsh GOVERNING ORDINANCES: 13.85 CONVERSION TO CONDOMINIUMS 13.08 ADMINISTRATIVE DEVELOPMENT REVIEW STANDARDS 13.08.010 SITE PLAN – THREE STEP REVIEW STANDARDS – CONCEPT/ PRELIMINARY / FINAL 13.10 SUBDIVSIONS 13.10.080 SUBDIVISIO N APPROVAL STANDARDS REQUIRED PLANNING COMMISSION ACTION: Administrative Public hearing required. PC shall make a motion of either, denial, approval or to continue. All motions require findings whic h support the decision. As directed by ordinance, applications shall be approved if the Land Use Authority finds Substantial Evidence of compliance with applicable requirements. Holladay Ord. 13.06.050.B2 and 13.08 Creation of a subdivision plat requires review and approval by the Land Use Authority (Planning Commission) in a three -step process; Concept, Preliminary and Final plat . Decisions must be made during public meeting.

SUMMARY Applicant, Stout Build ing Contractors, is proposing the subdivision of an existing office building on a 1.9 -acre ( 82,764 sq ft) parcel within the PO zone into a condominium plat. This proposal will create 12 individual units within the building available for private , individual ownership .

Proposal is for the subdivision of vertical property into individual parcels only. A property conditions report details the plans for the site and building including utility management. The applicant has an active building permit for overall building improvements and construction for Tenant Improvements within each unit shall be submit ted for building permits as per Holladay Ord § 13.08. 100

t has an active building permit for overall building improvements and construction for Tenant Improvements within each unit shall be submit ted for building permits as per Holladay Ord § 13.08. 100 The application was reviewed as a Concurrent Review as allowed within §13.08.010F TECHNICAL REVIEW COMMITTE ANA LYSIS CONCEPT and PRELIMINARY LEVEL ANALYSIS : In accordance with Holladay Ord 13.08.010.D, upon receipt of a complete subdivision development application, t he Community and Economic D evelopment Director has distributed the application and associated development drawings to and has subsequently received recommendations from the Technical Review Committee. Review of submitted elements are compared against the preliminary plat administrative checklist of required submittals 13.10.050B . As per concurrent review allowances set forth in ordinance 13.08.010.F, the following is provided to the Planning Commission as a summary of joint recommendation of concept, preliminary, and final subdivision approval from the TRC: Zoning, City Planner : • Land use as professional offices is in compliance with the Professional Office zone.

• Existing building on the parcel is compliant with setback, height, and coverage restrictions of the professional office zone.

• No trees affected by improvements “ Highland 4141 “ Preliminary / Final Plat Staff Report PC * September 19 , 2023 Page 2 • Separate meters and shutoffs for utilities is not required for this application; okay as addressed in the CC&Rs • Final vertical plat needs to be shown as a building section designating private and in -common ownership.

United Fire Authority ( UFA ), Area Fire Marshal: • Existing building meets fire code • Existing fire access is adequate Public Works, City Engineer:

tion designating private and in -common ownership.

United Fire Authority ( UFA ), Area Fire Marshal: • Existing building meets fire code • Existing fire access is adequate Public Works, City Engineer: • Replacement of curb/gutter/sidewalks okay Building Code, City Building Official • All improvements to meet current building code RECOMMENDATION The TRC recommend s that the commission hold the required public hearing and consider comments presented. Staff has found that all required elements of a conversion to condominium proposal have been reviewed and accepted by the TRC and have been determined to be complete as per t he City’s submission requirements. Staff has also found that all required concept and preliminary level elements of a vertical subdivision to convert to condominiums has been submitted, reviewed and accepted or otherwise noted as modified by the TRC as pe r the City’s submission requirements. The TRC can therefore recommend the commission approve the PRELIMINARY SUBDIVISION PLAN. Additionally, and if the commission is amenable, in accordance with 13.08.010.D5, a motion to delegate the FINAL PLAT approval to staff is recommended .

STAFF FINDINGS: 1. Development details required for a Preliminary and Final site plan have been submitted and reviewed by the TRC 2. The development complies with regulations with in the Professional Office zone.

3. The development complies with the General Plan 4. The require d submittals for conceptual and preliminary subdivision development have been provided where applicable and have been found to be complete and acceptable.

5. Fire access has been approved by the UFA.

6. Separate utility meters and shutoffs for each unit are not required STAFF REQUIREMENTS

applicable and have been found to be complete and acceptable.

5. Fire access has been approved by the UFA.

6. Separate utility meters and shutoffs for each unit are not required STAFF REQUIREMENTS • Final vertical plat to meet standards required for recording SUGGESTED MOTIONS application by Stout Building Construction for Highland 4141 Office Condominiums, a 12-unit vertical subdivision, located at 4141 S. Highland Drive in the Professional Office Zone , based upon the findings… (1 -6 and any additional) subject to the following requirements … .

Also, within in one year and in accordance with 13.08.010.D5, to defer administrative review and approval of the FINAL PLAT by the Community & Economic Development Director - following a positive, written recommendation from TR C.”

NOTICE OF A PUBLIC HEARING Commercial Subdivision – “4141 Highland Office Condominiums” Date: Tuesday, September 19th 2023 Time: As close to 6:0 0 pm as possible Location: City Hall – City Council Chambers Hearing Body: Planning Commission Notice is hereby given that the City of Holladay Planning Commission will conduct a public hearing during review and consideration of a 12-unit subdivision plan proposed by the applicant, Stout Building Construction to subdivide an existing office building on 1.9 acres of land located at 4141 S Highland Drive, in the PO zone, to accommodate private ownership of individual units. This application will be reviewed by the Planning Commission for compliance with Holladay Ordinance 13.10

ual units. This application will be reviewed by the Planning Commission for compliance with Holladay Ordinance 13.10 Please submit comments via email by 5:00 pm 9/18/2023 to Carrie Marsh , [email protected] . Emailed comments will be forwarded to the Commission prior to the meeting.

Additional information regarding this item & instructions how to join this meeting remotely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encour aged to watch the video stream of the meeting on the City of Holladay Website.

ATTENTION: This notice was mailed by order of the Community and Economic Development Director, Jonathan Teerlink , to all residents within 500 feet from the subject property. If you are not the owner of your residence, please notify the owner regarding this matter. Thank you.

NOTICE OF A PUBLIC HEARING Commercial Subdivision – “4141 Highland Office Condominiums ” ” Date: Tuesday, September 19th 2023 Time: As close to 6:0 0 pm as possible Location: City Hall – City Council Chambers Hearing Body: Planning Commission Notice is hereby given that the City of Holladay Planning Commission will conduct a public hearing during review and consideration of a 12-unit subdivision plan proposed by the applicant, Stout Building Construction to subdivide an existing office building on 1.9 acres of land located at 4141 S Highland Drive, in the PO zone, to accommodate private ownership of individual units. This application will be revie wed by the Planning Commission for compliance with Holladay Ordinance 13.10

al units. This application will be revie wed by the Planning Commission for compliance with Holladay Ordinance 13.10 Please submit comments via email by 5:00 pm 9/18/2023 to Carrie Marsh , [email protected] . Emailed comments will be forwarded to the Commission prior to the meeting.

Additional information regarding this item & instructions how to join this meeting remotely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encouraged to watch the video stream of the meeting on the City of Holladay Website.

ATTENTION: This notice was mailed by order of the Community and Economic Development Director, Jonathan Teerlink , to all residents within 500 feet from the subject property. If you are not the owner of your residence, please notify the owner regarding this matter. Thank you.

GENERAL LAND USE/DEVELOPMENT APPLICATION Name of Proposed Project: Address of Project: TYPE OF REQUEST: (mark all that apply ) ADMINISTRATIVE PROCEEDURES APPLY (ORD. 13.08 ) LEGISLATIVE PROCE EDURES APPLY (ORD. 13.07) SUBDIVISION PLAT GENERAL PLAN AMENDMENT CONDOMINIUM PLAT CODE AMENDMENT CONDITIONAL USE PERMIT PUBLIC STREET: NAME CHANGE, VACATIO N /CLOSURE or DESIGNATION SPECIAL EXCEPTION HISTORIC SITE DESIGNATION NON -CONFORMING USE DECLARATION DEVELOPMENT AGREEMENT AMENDMENT OTHER: ANNEXATION Applicant’s Mailing:

ARATION DEVELOPMENT AGREEMENT AMENDMENT OTHER: ANNEXATION Applicant’s Mailing: Address: City: State: Zip: Applicant Phone: ( ) Applicant ’s Email Address : Main Contact Person (Please Print): Name: Phone: email: Brief summary of proposal / request: FILING FEES: (ORD 3.35) SITE PLAN REVIEW $600.00 REZONE of PROPERTY $900.00 + $85.00/acre SITE PLAN AMENDMENT $250.00 CODE AMENDMENT $600.00 $100.00/lot GENERAL PLAN AMENDMENT $300.00 + $50.00/acre CONDOMINIUM $1,000.0 0 + $100.00/unit HISTORIC SITE DESIGNATION $600.00 CONDITIONAL USE PERMIT - COMMERCIAL $1,000.00 + $35.00/acre PUBLIC STREET: $300.00 – vacation $500.00 – dedication $250.00 – namechange CONDITIONAL USE PERMIT - RESIDENTIAL $900.00 + $50.00/unit ANNEXATION CONDITIONAL USE PERMIT – HOME BUSINESS $100.00 DEVELOPMENT AGREE MENT AMENDMENT CONVERSION TO CONDOMINIUM $50.00/unit LOT LINE ADJUSTMENT / COMBINATION: $75.00 SPECIAL EXCEPTION $600.00 OTHER: SUBDIVISION AMENDMENT $500.00 FINAL TOTAL DUE: OFFICE USE ONLY PARCEL NUMBER GENERAL PLAN:

OMBINATION: $75.00 SPECIAL EXCEPTION $600.00 OTHER: SUBDIVISION AMENDMENT $500.00 FINAL TOTAL DUE: OFFICE USE ONLY PARCEL NUMBER GENERAL PLAN: ZONE: ACREAGE : PC ACTION : DATE: CC ACTION : DATE: FEE PAID: $ BY: NEXT STEPS : 1. To be considered COMPLETE, t his form must be accompanied by all applicable “ project tracking ” checklist (s)/submittals or it will not be accepted.

2. Complete applications must be submitted 3 weeks prior to the desired Planning Commission date 2. Applications are reviewed every Tuesday by the Holladay TRC . You will be not ified of any deficiencies , decisions and/ or meetings dates at that time 3. Planning Commission convenes each month on the 1st and 3rd Tuesday. City Council convenes the 1st and 3rd Thursday of each month 4. Your Attendance at the Planning Commission and/or City Council meetings is required by the applicant or a representative of the applicant.

City of Holladay COMMUNITY ECONOMIC DEVELOPMENT DEPARTMENT 4580 S 2300 E, Holladay, Utah 84117 Phone: 801 -527-3890 Following Documents are Required for a Complete Submittal (Ord 13.85 ): 1. The following information shall be submitted to the Community Development Department:  Copy of the recorded plat as it is originally recorded with the Salt Lake County Recorded Office  Applicable fees as per §03.35  Narrative detailing development schedule/phasing and addressing  Site Plan  Property conditions report including §13.85.030 A. Building Inspection providing conditions and upkeep as per Utah Code Annotated §57 -8-13:

g development schedule/phasing and addressing  Site Plan  Property conditions report including §13.85.030 A. Building Inspection providing conditions and upkeep as per Utah Code Annotated §57 -8-13: o Age of the building or buildings.

o Condition of the structural elements, including the roof, foundation, mechanical system, electrical system, plumbing system, and boil er or furnace.

o Size of the water service line from the meter to each individual unit.

o Size of the sewer lateral and sewer line(s) from each unit.

o Capacity of the electrical service for each unit (amps).

o Condition of the paving material on private streets ( if any).

o Condition of the paving or surfacing material on driveways, parking areas, sidewalks, curbs, etc.

o Condition of the paint and/or exterior surfaces of all buildings and structures.

o All known conditions constituting deficiencies.

o All known conditions which may require repair or replacement within the next succeeding five (5) year period.

o A statement of disclosure containing all information pertinent to any failure of the building(s) to meet the requirements of the current building code  Copy of propos ed condominium declarations and bylaws  Final Condo Ownership Plat drawing including ALL of the following; §13.10.050B One (1) set hardcopy 24”x36” drawn to scale and stamped by Utah certified professional One (1) set digital format (pdf preferred) A. WITHIN A TITLE BLOCK LOCATED IN THE LOWER RIGHT -HAND CORNER THE FOLLOWING SHALL APPEAR: ( ) The approved name of the subdivision ( ) Section, Township and Range ( ) Legal Description ( ) Zoning Designation as of date of approval ( ) Name & Address of property owner(s) ( ) Name & Address of Developer ( ) Name & Address of Surveyor/Engineer ( ) Date of preparation

l Description ( ) Zoning Designation as of date of approval ( ) Name & Address of property owner(s) ( ) Name & Address of Developer ( ) Name & Address of Surveyor/Engineer ( ) Date of preparation ( ) Graphic Scale ( ) North arrow B. PERIMETER BOUNDARY LINES: ( ) The bearings, distances and curve data shall be indicated outside the boundary line, not inside with the lot dimensions, ( ) Curve Data chart; radius of curve, central angle, tangent, arc and chord bearing and length of curved boundaries ( ) Bearings tied to two (2) existing land monuments (and state plane coordinates when required by the city engineer).

( ) Boundary lines shall be drawn heavier than street and lot lines C. INTERIOR DIMENSION LINES: ( ) Curve Data chart; radius of curve, central angle, tangent, arc and chord bearing and length of curved boundaries ( ) Lot lines to have bearings and lengths – physical markers are to be placed at property corners D. IDENTIFICATION SYSTEM FOR ALL LOTS BLOCKS AND STREETS: ( ) Addresses for each lot shall be shown ( ) Approved street names with appropriate coordinates corresponding to Salt Lake Count Addressing requirements E. EASEMENTS: ( ) Bearings and dimensions and locations shown ( ) PLAT NOTE: ” Utilities shall have the right to install, maintain, and operate their equipment above and below ground and all other related facilities within the public utility easements identified on this plat map as may be necessary or desirable in providing utility service within and without the lots identified herein, includi ng the right of access to such facilities and the right to require removal of any obstructions including structures, trees and v egetation that may be placed within the PUE.

identified herein, includi ng the right of access to such facilities and the right to require removal of any obstructions including structures, trees and v egetation that may be placed within the PUE.

The utility may require the lot owner to remove all structures within the PUE at the lot owner's expense, or the utility may remove such at the lot owner's expense. At no time may any permanent structures be placed within the PUE or any other obstruction which interferes with the use of the PUE without the prior written approval of the utilities with facilities in the PUE .”

City of Holladay COMMUNITY ECONOMIC DEVELOPMENT DEPARTMENT 4580 S 2300 E, Holladay, Utah 84117 Phone: 801 -527-3890 CONVERSION TO CONDOMINIUM( S): APPLICATION & REQUIRED SUBMITTALS The steps in the approval process for p roposals by the owner to create individual ownersh ip within an existing building : Step 1: Submit complete application and include all required elements as listed in . Provide a written explanation as the why you are omitting specific required elements.

Step 2: Work with Holladay departments to refine the application prior to submitted for to the Planning Commission .

Step 3: Attend the scheduled Planning Commission meeting .

F. STREETS, PRIVATE & PUBLIC IMPROVMENTS: ( ) Bearings dimensions of all private streets , lanes, roads with PLAT NOTE: 1) "No City Maintenance Provided On Private Streets" 2)“No parking on Streets Dedicated as Emergency Access ” ( ) Hatched location and dimensions of area(s) dedicated to the public right of way ( ) location of all monuments, fire hydrants and streetlights to be installed G. "CERTIFICATE OF SURVEY" WITH DESCRIPTION & SIGNATURE AND SEAL O F SURVEYOR LICENSED IN THE STATE OF UTAH

right of way ( ) location of all monuments, fire hydrants and streetlights to be installed G. "CERTIFICATE OF SURVEY" WITH DESCRIPTION & SIGNATURE AND SEAL O F SURVEYOR LICENSED IN THE STATE OF UTAH H. THE "OWNERS' DEDICATION" AND ALL PROPERTY OWNERS' SIGNATURES ACKNOWLEDGED BY A NOTARY PUBLIC  Title Report  Proposed CC&Rs and/or maintenance agreements of private roads/sidewalks/common space 2. Depending on the determined meeting type, the application should be filed no later than 3 weeks prior to the desired public hearing date before the planning commission. The Planning Commission generally meets on the 1st and 3rd Tuesday of the month Application Procedure and Process as per 13.85 1. With 1 week of application, the Technical Review Committee will review your application for completeness and may require additional information 2. The development director shall send recommendation of the TRC and Chief Building Official to Planning Commissio n; refer for 13.85.080, .090 and .100 for approval details and required steps 3. The agenda on which this item will be appear will be available/posted 24hours prior to the meeting 4. The basis for rejection of a plat amendment shall be based upon the community development director’s findings of circumstances which would constitute a substantially increased hazard to the health, sa fety, welfare, or convenience of the general public or of prospective buyers or guests in the condominium project, he or she may recommend denial of the project to the planning commission. its nonconformance to adopted rules, regulations and ordinances currently in force, its lack of conformance with the approved preliminary plan, technical inaccuracies or insufficiencies, or poor workmanship in preparation of the plat and associated documents.

nces currently in force, its lack of conformance with the approved preliminary plan, technical inaccuracies or insufficiencies, or poor workmanship in preparation of the plat and associated documents.

5. Upon receiving an approval, you will receive the decision with findings and requirements (if any) of your project including your next steps to prepare the approved drawing upon Mylar material.

6. Obtain Outside Entity Signatures; Health Department, and Owner(s) signatures 7. Obtain internal department signatures – staff will route the plat to different departments. Once Mylar is completely signed it will be release to record T ITLE BLOCKS FOR SUBDIVISION MYLARS HEALTH DEPARTMENT APPROVED THIS DAY OF , A.D.

PLANNING COMMISSION APPROVED THIS DAY OF , A.D. .

COMMUNIT Y & ECONOMIC DEVELOPMENT APPROVED THIS DAY OF A.D., CITY ATTORNEY APPROVED THIS DAY OF A.D., CITY ENGINEER APPROVED THIS DAY OF A.D., CITY OF HOLLADAY ATTEST: RECORDED# STATE OF UTAH, COUNTY OF SALT LAKE,

ATTEST: RECORDED# STATE OF UTAH, COUNTY OF SALT LAKE, DATE TIME BOOK PAGE FEE *If the mylar is to be signed by an officer of a corporation, the following acknowledgment for the notary public will be required.

ACKNOWLEDGMENT On (Date) , ( Signee) personally appeared before me who being by me duly sworn, did say that he is the said (Office) of (Company) , and that the within and foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of directors and said ( Signee) duly acknowledged to me that said corporation executed the same.

‡ If the mylar is to be signed by a trustee the following acknowledgment for each co -trustee TRUSTEE ACKNOWLEDGMENT On (Date) , ( Signee) personally appeared before me who being by me duly sworn, testified to me that (he/she) is a co- trustee of the (Name of Trust) Dated (Date) , and that the said owners dedication was signed by (him/her) in behalf of said trust and that the said co- trustee executed the same.

WHERE APPLICABLE : CITY COUNCIL APPROVED THIS DAY OF , A.D. BY THE CITY OF HOLLADAY CITY COUNCIL.

AMENDED FINAL PLATS :

APPROVED THIS DAY OF , A.D. BY THE CITY OF HOLLADAY CITY COUNCIL.

AMENDED FINAL PLATS : Requires all of the above listed items and the following additional note Plat Vacation Notice number and Subdivision name).

CITY OF HOLLADAY AFFIDAVIT OF PROPERTY OWNERSHIP FOR PROPERTY LOCATED AT ADDRESS : SUBDIVISION PLAT LOT PROPERTY OWNER I (WE), BEING DULY SWORN , DEPOSE AND SAY THAT I (WE) AM (ARE) THE OWNER (S) OF THE PROPERTY IDENTIFIED IN THE ATTACHED APPL ICATION AND THAT THE STATEMENT HEREIN CONTAINED AND THE INFORMATION PROVIDED IN THE ATTACHED PLANS AND OTHER EXHIBITS ARE IN ALL RESPECTS TRUE AND CORRECT TO THE BEST OF MY (OUR) KNOWLEDGE .

PROPERTY OWNER PROPERTY OWNER ACKNOWLEDGMENT S TATE OF UTAH ) ) SS.

COUNTY OF ) T HE FOREGOING AFFIDAV IT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , , WHO DULY ACKNOWLEDGED TO ME T HAT HE DID EXECUTE THE SAME .

MY COMMISSION EXPIRES : N OTARY PUBLIC PROPERTY OWNER’S AGENT AUTHORIZATION I (WE), , THE OWNER (S) OF THE REAL PROPERT Y DE SCRIBED ABOVE , DO AUTHORIZE AS MY AGENT (S)

BLIC PROPERTY OWNER’S AGENT AUTHORIZATION I (WE), , THE OWNER (S) OF THE REAL PROPERT Y DE SCRIBED ABOVE , DO AUTHORIZE AS MY AGENT (S) (OUR) BEHALF BEFORE ANY ADMINISTRATIVE OR LEGISLATIVE BODY IN THE CITY OF HOLLADAY CONSIDERING THIS APPLICATION AND TO ACT IN ALL RESPECTS AS OUR AGENT IN MATTERS PERTAINING TO THE ATTACHED APPLICATION .

ACKNOWLEDGMENT S TATE OF UTAH ) ) SS.

COUNTY OF ) T HE FOREGOING AFFIDAV IT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , , WHO DULY ACKNOWLEDGED TO ME T HAT HE DID EXECUTE THE SAME .

MY COMMISSION EXPIRES : N OTARY PUBLIC HIGHLAND DRIVE (Public Right-of-Way)HINDS-PRESERVE LLC PRESERVE HO0ESTEAD LLC322-04-201-032 JORDAN & SALT LAKE CANALLOT 2 600 Sq. Ft.

0.013 Ac.

LOT 1 S 0°02'00" W 42.16' S8°30'00"E 217.21' N90°00'00"W 315.81'N11°12'00"W 262.54' N69°50'47"W42.87' N0°05'40"E 13.84' N0°03'40"E 59.92' N75°43'53"E 71.75'134.80'89.50'NORTH 30.00' WEST20.00' SOUTH 30.00'EAST 20.00'EXISTING BUILDING 14,078 SQ. FT.

WOODSIDE DR.

TREE VIEW DR.HIGHLAND DR.HOLLADAY BLVD WINDER LN.

GUNDERSON LN VICINITY MAP (N.T.S.)Calculated North Quarter Section 4, T.2S., R.1E.

Found Street Monument Highland Drive / Holladay Blvd Round Top Brass 2" (22042013) BOUNDARY DESCRIPTION An entire tract of land described in that Warranty Deed recorded April 27, 2022 as Entry No. 13941422 in Book 11333, at Page

nd Drive / Holladay Blvd Round Top Brass 2" (22042013) BOUNDARY DESCRIPTION An entire tract of land described in that Warranty Deed recorded April 27, 2022 as Entry No. 13941422 in Book 11333, at Page 2998 in the Office of the Salt Lake County Recorder. Said entire tract is located in the Northeast Quarter of Section 4, Township 2 South, Range 1 East, Salt Lake Base and Meridian and is described as follows: Beginning at a point on the easterly right-of-way line of Highland Drive and westerly extension of an existing East-West fence, which is 33.01 feet N. 77°09'15" E. to a calculated position of and old sandstone monument (not found) and 130.53 feet S.

11°12'00" E. and 7.14 feet East from a Round Top Brass Street Monument at approximately 4115 South / Highland Drive, said monument being S. 77°00'00" E. 36.00 feet from the North Quarter Corner of said Section 4; thence S. 89°54'20" E. 334.72 feet along said extension and existing East-West fence described in that Quit Claim Deed recorded December 1, 1983 as Entry No.

3875909 in Book 5511, at Page 1936 in the Office of said Recorder to a westerly right-of-way line of Jordan and Salt Lake Canal; thence along said westerly right-of-way line the following two (2) courses: 1) S. 00°02'00" West 42.16 feet; 2) S. 08°30'00" E. 217.21 feet; thence West 315.81 feet to said easterly right-of-way line of Highland Drive; thence N. 11°12'00" W. 262.54 feet along said easterly right-of-way line to the Point of Beginning.

Said tract of land contains 82,987 sq. ft. in area or 1.905 Ac. more or less. 2 Lots.SURVEYOR CERTIFICATE I, BRIAN F. MITCHELL, do hereby certify that I am a Professional Land Surveyor in the State of Utah and that I hold License No.

7 sq. ft. in area or 1.905 Ac. more or less. 2 Lots.SURVEYOR CERTIFICATE I, BRIAN F. MITCHELL, do hereby certify that I am a Professional Land Surveyor in the State of Utah and that I hold License No.

5707871 in accordance with Title 58, Chapter 22, Professional Engineers and Land Surveyors Licensing Act; I further certify that by authority of the owners I have made a survey of the tract of land in accordance with Section 17-23-17 and have verified all measurements and that the description describes the land known as HIGHLAND 4141 OFFICE CONDOMINIUMS. I further certify that this condominium lat is accurate and has been prepared in compliance with the provisions of the Utah Condominium Ownership Act, and that the same has been surveyed and staked on the ground as shown on this map, and that the building dimensions are or will be as shown on this plat.

OWNERS DEDICATION Highland 4141, LLC, the owner of the described tracts of land to be hereafter known as HIGHLAND 4141 OFFICE CONDOMINIUMS , does hereby dedicate for the perpetual use of the public, all streets and other property as reflected and shown on this plat to be dedicated for public use. owner(s) hereby consent(s) and give(s) approval to the recording of this plat for all purposes shown herein.

In witness whereof, I have hereunto set my hand this day of , 2023.

Highland 4141, LLC By: Print Name: By: NOTARY ACKNOWLEDGMENT State of Utah ) :ss County of ) On this day of , in the year 20 , before me, a Notary Public, personally appeared the of proved on the basis of satisfactory evidence to be the

a Notary Public, personally appeared the of proved on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to in the foregoing owner's dedication and consent regarding the HIGHLAND 4141 OFFICE CONDOMINIUMS and was signed by him/her on behalf of said and acknowledged that he/she/they executed the same.

Commission Number My Commission Expires Signature: Print Name: A Notary Public Commissioned in Utah CITY ATTORNEY Approved as to form this day of , A.D. 2023.

City of Holladay AttorneySALT LAKE COUNTY RECORDER Recorded # State of Utah, County of Salt Lake, Recorded and filed at the request of Date: Time: Book: Page: Salt Lake County Deputy RecorderOWNER: HIGHLAND 4141, LLC DEVELOPER: CITY ENGINEER Approved this day of , 2023 City of Holladay EngineerPLANNING COMMISSION Approved this day of , 2023 Planning Commission ChairSHEET PREPARED BY: 10718 South Beckstead Lane, Suite 102, South Jordan, Utah 84095 Phone: 435-503-7641LEGEND Boundary Line Adjacent Parcel Line Road Right-of-Way Road Centerline Lot Line Section Line Easement Line Private Ownership Common Area Set Rebar and Cap stamped CIR EngineeringBRIAN FAY MITCHELL No. 5707871PROFESSIONAL LAND SURVEYOR STATE OF UTAH06/21/2023 HIGHLAND 4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN HOLLADAY CITY, SALT LAKE COUNTY, UTAH HEALTH DEPARTMENT Approved this day of , 2023 Salt Lake County Health DepartmentFound Street Monument Highland Drive / 4115 South Round Top Bras 2" (16334006) POB

LLADAY CITY, SALT LAKE COUNTY, UTAH HEALTH DEPARTMENT Approved this day of , 2023 Salt Lake County Health DepartmentFound Street Monument Highland Drive / 4115 South Round Top Bras 2" (16334006) POB Right of Way Easement E#8372146(BASIS OF BEARING)N. 77°09'15" E.

33.01' N. 77°00'00" W.36.00' CITY OF HOLLADAY Approved and accepted this Day of , A.D. 2023, Recorder City ManagerCOMMUNITY & ECONOMIC DEVELOPMENT Approved this day of , 2023 Community & Economic Development Director2X6' Sign Easement E#8088469 40.0'40.0'Calculated Sandstone Monument. Established from Street Monument DRAFT MEN WOMENMENWOMEN HALL SUITE 101 3,237 Sq. Ft.SUITE 102 5,498 Sq. Ft.

SUITE 103 1,896 Sq. Ft.GATED STORAGE4.11'0.21' 13.38'0.21' 7.20'0.21' 13.38' 4.28'4.04' 5.12'4.04' 8.95'0.21' 13.38'0.21' 7.35'0.21' 13.38' 4.02'6.14'0.21'13.38'0.21'7.26'0.21'13.38'0.21'7.26'0.21'13.38'0.21'6.14' 4.02' 0.21'13.38' 0.21' 2.88' 13.32' 10.70'1.44'1.95'2.71' 72.68'2.72' 1.95' 0.21'10.16'3.06' 0.21'13.38' 0.21'9.40'0.21' 1.95' 2.79' 0.82' 0.34'7.83'0.34' 0.82' 2.79' 1.95' 0.21'9.35'0.21'13.38' 0.21' 3.06'10.16' 0.21' 1.95' 2.71'72.68' 2.71'1.95'0.21'10.20'4.71'23.81' 1.63' 0.21'13.38' 4.11' 6.14' 0.21' 13.38' 0.21'7.26' 0.21' 13.38' 0.21'7.26' 0.21' 13.38' 0.21'6.14'3.00'6.20' 21.58' 17.17' 0.25' 8.74'41.01'65.60'10.53' 2.20' 18.20' 22.19'13.48'6.40' 0.67' 26.80' 65.60'34.75'8.74' 10.72' 9.27' 7.05' 15.10' 4.76' 5.83' 15.78'5.83'3.46'42.22'26.12' 1.82' 1.54' 10.42' 71.16' 2.83' 12.20' 27.01'17.53'12.20'2.83'71.16' 2.83'3.94'10.14'4.86' 17.86'0.21'0.21' 0.21'8.61'15.54' 14.11'0.21' 2.83' 17.53'9.65'

.10' 4.76' 5.83' 15.78'5.83'3.46'42.22'26.12' 1.82' 1.54' 10.42' 71.16' 2.83' 12.20' 27.01'17.53'12.20'2.83'71.16' 2.83'3.94'10.14'4.86' 17.86'0.21'0.21' 0.21'8.61'15.54' 14.11'0.21' 2.83' 17.53'9.65' 27.00' 57.11' SHEET PREPARED BY: 10718 South Beckstead Lane, Suite 102, South Jordan, Utah 84095 Phone: 435-503-7641FLOOR PLAN LEVEL 1 LEGEND Boundary Line Adjacent Parcel Line Lot Line Section Line Easement Line Private Ownership Common Areas SALT LAKE COUNTY RECORDER Recorded # State of Utah, County of Salt Lake, Recorded and filed at the request of Date: Time: Book: Page: Fee $ Salt Lake County Deputy RecorderHIGHLAND 4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN HOLLADAY, SALT LAKE COUNTY, UTAH OPEN TO BELOW MEN WOMENMENWOMEN HALL SUITE 2012,901 Sq. Ft.SUITE 2042,249 Sq. Ft.SUITE 2022,675 Sq. Ft. SUITE 2032,922 Sq. Ft.

71.16'2.83' 12.20' 27.01'17.53' 2.05'62.30'16.00'26.36' 12.24' 50.78' 7.18' 23.86' 27.00'12.20' 2.83'71.16'13.50' 8.71'9.99' 37.55'65.60'34.75'8.74' 11.32'51.66' 25.72' 39.69'15.95'13.32' 5.04' 30.49'5.71' 8.74'65.60'41.01'2.83'23.51' SHEET PREPARED BY: 10718 South Beckstead Lane, Suite 102, South Jordan, Utah 84095 Phone: 435-503-7641FLOOR PLAN LEVEL 2 LEGEND Boundary Line Adjacent Parcel Line Lot Line Section Line Easement Line Private Ownership Common Areas SALT LAKE COUNTY RECORDER Recorded # State of Utah, County of Salt Lake, Recorded and filed at the request of Date: Time: Book: Page: Fee $ Salt Lake County Deputy RecorderHIGHLAND 4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN HOLLADAY, SALT LAKE COUNTY, UTAH OPEN TO BELOW MEN WOMENMENWOMEN HALL

4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN HOLLADAY, SALT LAKE COUNTY, UTAH OPEN TO BELOW MEN WOMENMENWOMEN HALL SUITE 3013,215 Sq. Ft.SUITE 3022,560 Sq. Ft.SUITE 3032,952 Sq. Ft.

SUITE 3042,061 Sq. Ft.

22.31' 5.40'3.42' 34.29'13.77' 4.45'1.77' 12.72' 8.74'41.01'65.60'11.36'39.82'2.73'19.79'1.79' 15.46' 21.20'13.48'17.98' 0.67' 38.38' 65.60'34.75'8.74' 21.48' 17.13' 9.59'3.59' 5.83' 7.42' 34.83' 4.62' 23.86' 27.00'12.20'2.83'71.16' 2.83'3.94'10.14'4.86' 71.16'2.83' 12.20' 27.01'23.86'4.61'34.83'7.42'5.83'3.59'31.07'12.24'0.25' 2.83'27.80' SHEET PREPARED BY: 10718 South Beckstead Lane, Suite 102, South Jordan, Utah 84095 Phone: 435-503-7641FLOOR PLAN LEVEL 3 LEGEND Boundary Line Adjacent Parcel Line Lot Line Section Line Easement Line Private Ownership Common Area SALT LAKE COUNTY RECORDER Recorded # State of Utah, County of Salt Lake, Recorded and filed at the request of Date: Time: Book: Page: Fee $ Salt Lake County Deputy RecorderHIGHLAND 4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN HOLLADAY, SALT LAKE COUNTY, UTAH MAIN LEVEL ELEV.

100'-0" FIRST FLOOR ELEV. 97'-0"SECOND FLOOR ELEV. 107'-0"THRID FLOOR ELEV. 117'-0"T.O. WALL ELEV. 127'-0" MAIN LEVEL ELEV.

100'-0" FIRST FLOOR ELEV. 97'-0"SECOND FLOOR ELEV. 107'-0"THRID FLOOR ELEV. 117'-0"T.O. WALL ELEV. 127'-0" SHEET PREPARED BY: 10718 South Beckstead Lane, Suite 102, South Jordan, Utah 84095 Phone: 435-503-7641BUILDING FRONT ELEVATION BUILDING NORTH SIDE ELEVATION HIGHLAND 4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN HOLLADAY, SALT LAKE COUNTY, UTAH

UILDING NORTH SIDE ELEVATION HIGHLAND 4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN HOLLADAY, SALT LAKE COUNTY, UTAH SALT LAKE COUNTY RECORDER Recorded # State of Utah, County of Salt Lake, Recorded and filed at the request of Date: Time: Book: Page: Fee $ Salt Lake County Deputy Recorder MAIN LEVEL ELEV.

100'-0" FIRST FLOOR ELEV. 97'-0"SECOND FLOOR ELEV. 107'-0"THRID FLOOR ELEV. 117'-0"T.O. WALL ELEV. 127'-0" MAIN LEVEL ELEV.

100'-0" FIRST FLOOR ELEV. 97'-0"SECOND FLOOR ELEV. 107'-0"THRID FLOOR ELEV. 117'-0"T.O. WALL ELEV. 127'-0" SHEET PREPARED BY: 10718 South Beckstead Lane, Suite 102, South Jordan, Utah 84095 Phone: 435-503-7641BUILDING BACK ELEVATION BUILDING SOUTH SIDE ELEVATION HIGHLAND 4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN HOLLADAY, SALT LAKE COUNTY, UTAH SALT LAKE COUNTY RECORDER Recorded # State of Utah, County of Salt Lake, Recorded and filed at the request of Date: Time: Book: Page: Fee $ Salt Lake County Deputy Recorder SUITE 102 SUITE 102COMMON AREA SUITE 302 SUITE 303 SUITE 202 SUITE 203SUITE 301 SUITE 304 SUITE 201 SUITE 204 SUITE 101SUITE 103SUITE 301 SUITE 304 SUITE 201 SUITE 204 SUITE 101 SUITE 103 SUITE 302 SUITE 301 SUITE 202 SUITE 203 SUITE 102COMMON AREA HALLHALLHALL HALLHALLHALLHALLHALLSUITE 301 SUITE 201 SUITE 101 SUITE 102SUITE 202SUITE 302 SUITE 303SUITE 304 SUITE 203 SUITE 204 SUITE 103 SUITE 102 SHEET PREPARED BY: 10718 South Beckstead Lane, Suite 102, South Jordan, Utah 84095 Phone: 435-503-7641HIGHLAND 4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN

Lane, Suite 102, South Jordan, Utah 84095 Phone: 435-503-7641HIGHLAND 4141 OFFICE CONDOMINIUMS LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 2 EAST, SALT LAKE BASE & MERIDIAN HOLLADAY, SALT LAKE COUNTY, UTAH SALT LAKE COUNTY RECORDER Recorded # State of Utah, County of Salt Lake, Recorded and filed at the request of Date: Time: Book: Page: Fee $ Salt Lake County Deputy RecorderBUILDING SECTIONSLEGEND Boundary Line Adjacent Parcel Line Lot Line Section Line Easement Line Private Ownership Common Area DECLARATION OF CONDOMINIUM AND COVENANTS , CONDITIONS AND RESTRICTIONS FOR THE HIGHLAND 4141 OFFICE CONDOMINIUMS July 2023 Table of Contents ARTICLE I. GENERAL…………………………………………..………………………..... 1 II. DEFINITIONS………………………………………..………………………... 2 III. MAP……………………………………………………..……………............... 6 IV. DIVISION OF PROPERTY INTO CONDOMINIUM UNITS… ..…………… 6 V. LIMITED COMMON AREA……………………………………..…………… 7 VI. DESCRIPTION OF CONDOMINIUM UNITS ……………………………….. 7 VII. ASSESSMENTS………………………………………………………………..7 VIII. SIGNS ………………………………………………………………………….11 IX. MORTGAGES AND EFFECT OF FORECLOSURE ………………………...11 X. INSURANCE …………………………………………………………………..12 XI. PARTY WALLS ……………………………………………………………….14 XII. DISPOSITION OF PROPERTY ……………………………………………….14 XIII. POWER OF ATTORNEY……………………………………………………...15 XIV. EASEMENTS …………………………………………………………………..15 XV. USE AND OCCUPANCY RESTRICTIONS …………………………………..16 XVI. SUBDIVIDE …………………………………………………………………….17 XVII. DISPUTE RESOLUTION ………………………………………………………18 XVIII. ACCOUNTING RECORDS …………………………………………………….21 XIX. AMENDMENT TO DECLARATION………………………………………….21 XX. DECLARANT’S SALES PROGRAM ………………………………………….222 XXI. MISCELLANEOUS PROVISIONS …………………………………………….232 EXHIBITS A LEGAL DESCRIPTION B ARTICLES OF INCORPORATION C BYLAWS

RATION………………………………………….21 XX. DECLARANT’S SALES PROGRAM ………………………………………….222 XXI. MISCELLANEOUS PROVISIONS …………………………………………….232 EXHIBITS A LEGAL DESCRIPTION B ARTICLES OF INCORPORATION C BYLAWS D PERCENTAGE INTEREST IN COMMON AREA DECLARATION OF COVENANTS , CONDITIONS AND RESTRICTIONS FOR THE HIGHLAND 4141 OFFICE CONDOMINIUMS This Declaration of Covenants, Conditions and Restrictions for the Highland 4141 Office Condominiums (“Declaration”) is made and executed pursuant to the provisions of the Utah Condominium Ownership Act on the date signed below by the Highland 4141, LLC , a Utah limite d liability company (“Declarant”).

RECITALS WHEREAS, Declarant is the fee owner of the Property described in the attached Exhibit “A”; and WHEREAS, Declarant intends to develop the Property in accordance with the Plat defined below and the terms and conditions contained herein; and WHEREAS, Declarant intends by recording this Declaration and the Plat to impose upon the Property, the Development defined below, and all improvements now or hereafter constructed thereon or as a part thereof, mutually beneficial restrictions under a general plan of improvement for the benefit of all Units and Owners defined below; NOW, THEREFORE, the Declarant hereby makes the following Declaration: ARTICLE 1 GENERAL 1.1 Purposes of Declaration. Declarant desires and intends by filing this Declaration and the

defined below; NOW, THEREFORE, the Declarant hereby makes the following Declaration: ARTICLE 1 GENERAL 1.1 Purposes of Declaration. Declarant desires and intends by filing this Declaration and the Map (defined below) to submit the property described in the attached Exhibit “A” and all improvements constructed thereon to the provisions of the Utah Condominium Ownership Act (“Act”) as a condominium project, and to impose upon said property mutually beneficial restrictions under the general plan of improvement for the benefit of all said condominiums and the owners thereof. It is the desire and intention of Declarant to divide the project into condominiums and to sell and convey the same to various purchasers subject to the covenants, conditions and restrictions herein reserved to be kept and observed.

1.2 Declaration as Condominium. The Declarant hereby declares that all of the property described above is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions, restrictions, uses, limitatio ns and obligations, all of which are declared and agreed to be Declaration - Highland 4141 Office Condominium s Page 2 in furtherance of a plan for the improvement of said property and the division thereof into condominiums. The terms of this Declaration shall be deemed to run with the land and shall be a burden and benefit to Declarant, their successors and assigns and any person hiring or owning an interest in the real property and improvements and guarantees, successors, heirs, executors, administrators and assigns.

ARTICLE II DEFINITIONS All applicable portions of the definitions as contained in the Utah Code Annotated, 1953,

improvements and guarantees, successors, heirs, executors, administrators and assigns.

ARTICLE II DEFINITIONS All applicable portions of the definitions as contained in the Utah Code Annotated, 1953, Section 57-8- 3, as amended shall apply to this Declaration and the property, except as particularly modified or changed by individual definitions hereinafter contained. 2.1 “Act” shall mean and re fer to the Condominium Ownership Act, Title 57, Chapter 8, Utah Code (1953), as the same may be amended from time to time, including any successor statutory provisions thereof.

2.2 “Association” means the Highland 4141 Owners Association, a Utah non- profit corporation, the creation of which and the articles of incorporation of which (attached as Exhibit “B”) are approved upon the adoption of this Declaration. The Association is formed for the purpose of managing, maintaining, repairing and administering the property and all buildings and improvements and Common Areas on a part of the property; of assessing, collecting and applying Common Expenses, for enforcing this Declaration, for acting as attorney -in-fact or trustee for Condominium Unit Owners as hereafter set forth, and generally for administering the property. Its only members shall be Owners of Condominium Units; provided, however, that the rights of membership may be assigned to the holder of a mortgage, deed of trust or other security instrument on a Condominium Unit as further security for a loan secured by a lien on such Condominium Unit. A person who, for any reason, ceases to be such Owner shall cease to be such member, which membership provisions shall be included in the Association's Bylaws, attached as Exhibit “C,” and made a part hereof by this reference.

on, ceases to be such Owner shall cease to be such member, which membership provisions shall be included in the Association's Bylaws, attached as Exhibit “C,” and made a part hereof by this reference.

2.3 “Board of Directors” or “Board” shall mean and refer to the board of directors of the Association and shall be charged with and have the responsibility and authority to administer the Project and to make and to enforce reasonable rules and regulations covering the operation and maintenance thereof.

2.4 “Building” means a single, t hree-story building containing Units as shown on the Map.

2.5 “Common Area” shall mean, refer to and include: a) The real property and interests in real property which this Declaration submits to the provisions of the Act, including the entirety of the Project and all lawns, landscaping, fences, outdoor lighting, sidewalks, stair s, elevators, lobby, common bathrooms, walkways, parking lots and private ways located thereon, but excluding all individual Declaration - Highland 4141 Office Condominium s Page 3 Units and any walls separating Units (which shall be considered party walls and governed by the Article 11 herein); b) All Common Areas, as above defined, which may be designated as such on the Map, and all Common Areas as defined in the Act, except party walls separating Units, whether or not expressly listed herein or on the Map; c) The storm drain system located within the Association’s common area; d) All foundations, columns, beams, interior load bearing walls, and supports of the Building; e) Any stairs, entrances, exits, and landings which are designed for the use of more than one Unit and which are not contained within a Unit;

interior load bearing walls, and supports of the Building; e) Any stairs, entrances, exits, and landings which are designed for the use of more than one Unit and which are not contained within a Unit; f) Those portions of the exterior walls of the Building (excluding glass in windows) beyond the exposed face of the dry wall on the Unit side of such walls; and the roof; g) All installations and equipment designed and intended to provide utility services for common use, including (but not limited to) telephone, electricity, gas, water, sewer, heat, ventilation and air conditioning (including all pipes, ducts, vents, wires, cables, and conduits designed and intended for common use in connection therewith), whet her or not located within the horizontal and vertical boundaries of a Unit, but excluding from such installations and equipment all parts thereof, and all items affixed or connected thereto, located within the exterior boundaries of a Unit and designed and intended for the sole use of such Unit; h) All sewer laterals located in the Common Area between the City’s main sewer line and the Building; i) All apparatus and equipment designed and intended for common use such as (but not limited to) pumps, motors, fans, clocks, compressors and control apparatus and equipment, whether or not located within the horizontal and vertical boundaries of a Unit, but excluding from such apparatus or equipment all parts thereof, and all items affixed or connected thereto, located within the exterior boundaries of a Unit and designed and intended for the sole use of such Unit; j) All cleaning and maintenance equipment and other personal property at any time leased, acquired, owned, or held by the Association for the common use or bene fit of all Owners; and,

e of such Unit; j) All cleaning and maintenance equipment and other personal property at any time leased, acquired, owned, or held by the Association for the common use or bene fit of all Owners; and, k) All other parts of the Project designed and intended for, or normally in, common use or necessary or convenient to the existence, maintenance, safety, or management of the Project.

The term “Common use”, as used in this definition, includes without limitation, use by or for any two or more Units.

Declaration - Highland 4141 Office Condominium s Page 4 2.6 “Common Expenses” means the expenses of administration; of maintenance and repair of the parking lot and grounds, including, but not limited to, landscaping, snow removal, garbage removal, and all other Common Areas located outside of any building constructed or to be constructed upon the property; of repair and maintenance of the Common Areas associated with the Building, including, but not limited to, caring for roofs, walls and supports of the building (except party walls), and those portions of the building that are not part of the Limited Common Area; reserve for repair, maintenance, taxes and other charges including fire and other hazard insurance premiums, and a liability insurance policy which policy, in addition to public liability, shall cover repair and construction work to all Common Area property, Limited Common Area and the assets and property owned or to be maintained by the Association. Such Common Expenses shall be paid according to the proportions listed in the attached Exhibit “D ” and

y, Limited Common Area and the assets and property owned or to be maintained by the Association. Such Common Expenses shall be paid according to the proportions listed in the attached Exhibit “D ” and in amounts and at times determined reasonable and necessary by the Association for the best good and convenience of all condominium Owners. Maintenance and repair of Limited Common Area shall not be a Common Expense even though the insurance coverage shall be purchased and paid for as a Common Expense to cover repair of Limited Common Area, the intent being that Unit Owners shall repair and maintain the Limited Common Area ass ociated with their Unit unless the insurance coverage shall otherwise cover the cost of repair .

Fixtures or appliances that exist separately to serve only one Unit, such as air conditioning units installed on the roof of the Building, shall be maintained and repaired at the sole cost of the Unit Owner for whose benefit the fixture or appliance exists, even if the fixture or appliance is located in the Common Area. Other items, such as the electrical service, natural gas service, and any other utility that is separately billed or assessed, shall be paid for by the Unit Owner receiving the service, but the cost for any physical maintenance or repair shall be the responsibility of the Unit Owner only from the point the utility service exits the wall and enter s the Unit. Unless metered separately, water , sewer , electricity and natural gas costs and connections shall be an Association Common Expense, and the cost for any physical maintenance or repair of the sewer system shall be the responsibility of the Unit O wner only from the point the pipes exit the wall and enter the Unit. The

mmon Expense, and the cost for any physical maintenance or repair of the sewer system shall be the responsibility of the Unit O wner only from the point the pipes exit the wall and enter the Unit. The Association shall have the authority to install sub -meters for natural gas, electricity or water if the Board determines doing so is necessary because one or more owners uses, or is l ikely to use, a disproportionate amount of natural gas, electricity, or water. As a point of clarification, the Association will own, operate and maintain a ll sewer laterals located in the Common Area between the City’s main sewer line and the Building, an d shall be responsible for any costs incurred by Unit Owners related to sewer backups caused by problems with those sewer laterals. Pursuant to Article VII below, the Association shall have authority to make assessments related to sewer maintenance costs , pay sewer charges and maintenance costs, and to enforce the same through impositions of liens.

2.7 “Condominium Unit” or “Unit” shall mean and refer shall mean and refer to a separate physical part of the Project intended for independent use. Mechanical equipment and appurtenances located within any one Unit, or located without said Unit but designated and designed to serve only that Unit, such as appliances, electrical receptacles and Declaration - Highland 4141 Office Condominium s Page 5 outlets, air conditioning compressors, furnaces, water heaters, apparatus, systems or

at Unit, such as appliances, electrical receptacles and Declaration - Highland 4141 Office Condominium s Page 5 outlets, air conditioning compressors, furnaces, water heaters, apparatus, systems or equipment, fixtures and the like, shall be considered part of the Unit; so shall all decorated surfaces of interior walls, floors and ceilings, including but not limited to all paint, wallpaper, wall coverings, windows (including glass) and window frames, doors and door frames, trim, cabinets, carpeting, tile and linoleum; The concrete slab located beneath the finished flooring of each Unit shall also be part of a Unit; All pipes, wires, conduits, or other uti lity lines or installations constituting a part of the Unit or serving only the Unit, and any structural members, parts, components or any other property of any kind, including fixtures or appliances within any Unit, which are removable without jeopardizin g the integrity, soundness, safety or usefulness of the remainder of the Building within which the Unit is located shall be deemed to be part of the Unit. Walls separating Units shall be party walls and any costs to repair, maintain or replace a party wall shall be a shared expense according to the language in Article 11 below. The following are part of a Unit: a) lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, flooring (including the concrete slab); and any other material constituting part of the finished surface of a wall, floor, or ceiling.

b) Any portion of a ceiling or wall (except a party wall) not listed in Subsection (a) is part of the Common Area.

2.8 “Limited Common Area” means those parts of the Common Area which are e ither

ng.

b) Any portion of a ceiling or wall (except a party wall) not listed in Subsection (a) is part of the Common Area.

2.8 “Limited Common Area” means those parts of the Common Area which are e ither limited to or reserved for the exclusive use of the Owner of a Condominium Unit or are limited to and reserved for the common use of more than one but fewer than all of the Condominium Unit Owners. Each Owner’s Limited Common Area shall include that portion of the exterior of the Building that is reserved for that Owner to install a sign (as more fully described in Article VIII below).

2.9 “Map” or “Record of Survey Map” or “Plat” means a plat showing a survey of the property and of all Units on the property submitted by this Declaration which consists of a horizontal and vertical delineation of all such Units.

2.10 “Member” shall mean and refer to an Owner as a member of the Associati on.

2.11 “Owner” shall mean and refer to the recorded Owner whether one or more persons or entities of a fee simple title to any condominium which is a part of the properties, including contract sellers or contract purchasers if so determined by written contra ct between seller and purchaser, but excluding those having such interest merely as security for the performance of an obligation.

2.12 “Percentage Interest” shall mean that figure set forth on Exhibit "D", attached, expressed as a percentage of ownership by Unit Owners in the Common Areas of the Project and shall be for all purposes, including voting and assessments. Common Expenses shall be allocated among the Unit Owners in accordance therewith. The percentage of ownership in the Common Areas shall be as set forth in Exhibit "D".

ncluding voting and assessments. Common Expenses shall be allocated among the Unit Owners in accordance therewith. The percentage of ownership in the Common Areas shall be as set forth in Exhibit "D".

Declaration - Highland 4141 Office Condominium s Page 6 Voting rights in the Association are held solely in connection with the Ownership of a Unit. Owners shall pay their Percentage Interest of Common Expenses as set forth in this Declaration. The aggregate Percentage Interest of owners hip in the Common Areas shall equal 100 percent. The Percentage Interest set forth in Exhibit "D" shall be amended by Declarant by filing supplement amendments to the Declaration and without vote or further authorization from Owners, if the Declarant decides to amend the Plat and the square footage of one or more Units.

2.13 “Period of Administrative Control” shall commence on the date this Declaration is recorded and terminate on the occurrence of the earliest of the following events: (a) two (2) months after the date on which all Units have been conveyed to purchasers, (b) the Declarant executes and records delivers a written waiver of its right to control the Association.

2.14 “Project” means all of the land and improvements initially submitted by this Declaration.

ARTICLE III MAP 3.1 “Map.” A “Record of Survey Map” herein referred to as “the Map” or “Maps” has or will be recorded in the office of the County Recorder, Salt Lake County, Utah. The Map shall be made by a registered Utah land surveyor and shall depict and show the following: (1) a description of the surface of the land included within the Project, including all angular and linear data along the exterior boundaries of the property; (2) the linear measurement and location, with references to the ex terior boundaries of the

ded within the Project, including all angular and linear data along the exterior boundaries of the property; (2) the linear measurement and location, with references to the ex terior boundaries of the building located on said property; and (3) diagrammatic floor plans of the building built thereon in sufficient detail to identify each Unit, including its identifying number or symbol, the official datum elevations of the finished or unfinished interior surfaces of the floors and ceilings and the linear measurements of the finished or unfinished interior surfaces of the perimeter walls and lateral extensions of every Unit in the building. Every Unit shall be identified on the Record of Survey Map by a distinguishing number or other symbol. In interpreting the Map or any deed, the boundaries of each Unit as constructed shall be conclusively presumed to be its actual boundaries. Declarant reserves the right to amend the Map from time to time to conform to the actual physical location of the constructed improvements and to any changes, additions, modifications or alterations.

ARTICLE IV DIVISION OF PROPERTY INTO CONDOMINIUM UNITS 4.1 Condominium Units. The improvements located on the subject property are hereby divided into twelve (12) Condominium Units, each consisting of one Unit and an undivided interest in and to the Common Area. The Condominium Units shall be numbered as shown on the Map. The Condominium Units are located in a building which has previously been constructed. Each Unit contains the area set forth in Exhibit “D”. Each Unit is designed to be used only for commercial purposes, and each Owner shall Declaration - Highland 4141 Office Condominium s Page 7 have the authority to construct rooms inside a Unit as desired as long as the structural

d only for commercial purposes, and each Owner shall Declaration - Highland 4141 Office Condominium s Page 7 have the authority to construct rooms inside a Unit as desired as long as the structural integrity of the Common Area or any Unit is not effected. Any changes made to the interior of a Unit shall continue to be part of a Unit and will not become part of the Common Area.

4.2 Change in Number and Size of Units . During the Period of Administrative Control, Declarant or its successor shall have the right to change the number of Units within the Project, as well as the square footage size of each Unit. Declarant reserves this right to enable Declarant to meet the needs of potential Unit purchasers by increasing or decreasing the sizes of the Units. If Declarant changes the number and/or size of any Unit, Declarant shall record an amendment to this Declaration that describes the changes and updates the Percentage Interests shown on the attached Exhibit “D”. Notwithstanding the foregoing, Declarant may not take any action that increases the total square footage on Units within the Project by more than ten percent (10%). The current total square footage of all Units within the Building is 32,303 square feet.

ARTICLE V LIMITED COMMON AREA 5.1 Limited Common Area. All Limited Common Area shall be reserved for use of the Unit to the exclusion of the other Units. Each Unit Owner shall pay all costs and expenses associated with the maintaining the Limited Co mmon Area reserved for their Unit.

ARTICLE VI DESCRIPTION OF CONDOMINIUM UNITS 6.1 Description of Condominium Units. Any option, contract, deed, lease, mortgage, deed

h the maintaining the Limited Co mmon Area reserved for their Unit.

ARTICLE VI DESCRIPTION OF CONDOMINIUM UNITS 6.1 Description of Condominium Units. Any option, contract, deed, lease, mortgage, deed of trust, will, or similar instrument, may legally describe a Condominium Unit by its identifying Unit number and building letter or symbol, followed by the name of this condominium with further reference to the recorded Map thereof and the recorded Condominium Declaration. Every such description shall be deemed good and sufficient for all purposes to convey, transfer, encumber or otherwise affect not only the Unit but also the Common Area and the Limited C ommon Area appurtenant thereto. Each such description shall be construed to include a non- exclusive easement of ingress and egress to an Owner's Unit and use of the Common Area appurtenant thereto to the exclusion of all third parties not lawfully entitled to the use of the same.

6.2 Single Indivisible Units. Each Unit, the appurtenant undivided interest in the Common Area, and the appurtenant Limited Common Area shall together comprise one Condominium Unit, shall be inseparable, and may be conveyed, leased, d evised or encumbered only as a Condominium Unit.

ARTICLE VII ASSESSMENTS 7.1 Agreement to Pay Assessments. Declarant, for and as the owner of the Project and Declaration - Highland 4141 Office Condominium s Page 8 every part thereof on the date hereof, hereby covenants, and each Owner of a Lot by the acceptance of instrumen ts of conveyance and transfer therefor, whether or not it be so

Condominium s Page 8 every part thereof on the date hereof, hereby covenants, and each Owner of a Lot by the acceptance of instrumen ts of conveyance and transfer therefor, whether or not it be so expressed in said instruments, shall be deemed to covenant and agree with each other and with the Association, to pay to the Association all assessments, both regular and special, made by the Association for the purposes provided in this Declaration. Such assessments shall be fixed, established and collected from time to time as provided in this Article VII.

7.2 Assessments. Common Expense assessments shall be computed and assessed against all Units based on the Percentage Interest of each Unit as set forth in Exhibit "D" to this Declaration.

7.3 Annual Budget. Annually, the Association shall prepare, or cause to be prepared, an operating budget setting forth an itemized statement of the anticipat ed receipts and disbursements for the coming calendar year and taking into account the general condition of the Common Area. Each such budget, together with a written statement from the Association outlining a plan of operation for the year in question and justifying in every important particular the estimates made, shall be submitted to the Owners annually. Said operating budget shall serve as the basis for the schedule of proposed monthly assessments for the annual period for which it is prepared. Said budget shall also constitute a major guideline under which the Association shall operate during such annual period.

of proposed monthly assessments for the annual period for which it is prepared. Said budget shall also constitute a major guideline under which the Association shall operate during such annual period.

7.4 Basis of Annual Budget. The annual budget shall be based upon the Association’s estimates of the cash required to provide for payment of expenses (“Common Expenses”) arising out of or connected with maintenance and operation of the Common Areas. Such actual expenses and estimated expenses may include, among other things, the following: expenses of management; governmental taxes and special assessments; premiums for all insurance that the Association is required or permitted to maintain; repairs and maintenance; wages for Association employees, including fees for a Manager, if any; utility charges; legal and accounting fees; any deficit remaining from a previous period; creation of a reasonable contingency reserve and reserve fund required or allowed herein; and any other expenses and liabilities which may be incurred by the Association for the benefit of all of the Owners or by reason or this Declaration.

7.5 Annual Assessments. Subject to the Association’s ability to adjust Common Expenses as provided in Article 7.2 above, the Association shall establish a regular monthly assessment against each Owner, which assessment shall be based on the Percentage Interest set forth in Exhibit “D” and be paid by each Owner into a Common Expense fund (“Common Expense Fund”). Each monthly installment of the regular assessment not timely paid by the 5 th day of the month shall bear interest at the rate of one and one- half

nto a Common Expense fund (“Common Expense Fund”). Each monthly installment of the regular assessment not timely paid by the 5 th day of the month shall bear interest at the rate of one and one- half percent (1½ %) per month from the date it becomes due and payable until paid, as well as a late fee in an amount established by the Board, not to exceed $50.00 per month. Failure of the Association to give timely notice of any assessment as provided herein or to prepare an annual budget shall not affect the liability of an Owner for such assessment.

7.6 Inadequate Funds. In the event that the Common Expense Fund proves inadequate at Declaration - Highland 4141 Office Condominium s Page 9 any time for whatever reason, including nonpayment of any Owner’s as sessment, the Association may levy additional assessments as needed. No vote of the Owners shall be required to approve an assessment needed to repair or maintain portions of the Common Area that the Association is responsible to repair and maintain. Any a mounts assessed pursuant hereto shall be apportioned among and assessed to all Units and Unit Owners. Notice in writing of the amount of such assessment and the time for payment thereof shall be given promptly to the Owners. No payment shall be due less than thirty (30) days after such notice shall have been mailed. All unpaid portions of any assessment shall bear interest at the rate of one and one-half percent (1½ %) per month from the date such portions become due until paid plus late fees as established by the Board not to exceed $50.00 per month.

hall bear interest at the rate of one and one-half percent (1½ %) per month from the date such portions become due until paid plus late fees as established by the Board not to exceed $50.00 per month.

7.7 Declarant’s Obligations. Notwithstanding the preceding provisions of this Article VII to the contrary, Declarant or Declarant’s successor in interest shall not be obligated to pay any Common Expense assessment or any other assessment to the Association unless the conditions stated herein are first met. Assessments against a Unit owned by Declarant, or a builder who received title from Declarant, shall first become due when a Unit (1) has been conveyed from Declarant to a third party (e.g., a builder); (2) a Unit has been constructed; and (3) an Owner, not including the builder of the Unit, has received title to the Unit or otherwise moved into or occupied the Unit.

7.8 Lien for Assessments. All sums assessed to a U nit Owner pursuant to the provisions of this Article VII, together with interest thereon as provided herein, is secured by virtue of this Declaration as a lien on such Unit in favor of the Association. To evidence a lien for sums assessed pursuant to this Declaration, the Association may prepare a written notice of lien in conformance with Utah law. Each Owner shall be deemed to have consented to the filing of a notice of lien against such Owner’s Unit. Such notice shall be signed and acknowledged by a duly authorized officer of the Association or its attorney and may be recorded in the office of the Salt Lake County Recorder . No notice of lien shall be

notice shall be signed and acknowledged by a duly authorized officer of the Association or its attorney and may be recorded in the office of the Salt Lake County Recorder . No notice of lien shall be recorded until there is a delinquency in payment of the assessment. Such lien may be enforced by nonjudicial foreclosure by the Association in the same manner in which mortgages on real property may be foreclosed in the State of Utah. In any such foreclosure, the Owner shall also be required to pay to the Association any assessments against the Unit w hich shall become due during the period of foreclosure and the costs and expenses of such proceeding, the costs and expenses of filling the notice of lien, and all reasonable attorney fees.

7.9 Personal Obligation of Owner. The amount of any regular or spec ial assessment against any Unit shall be the personal obligation of the Owner of such Unit to the Association. Suit to recover a money judgment for such personal obligation shall be maintainable by the Association without foreclosing or waiving the lien se curing the same. No Owner may avoid or diminish any such personal obligation by waiver of the use and enjoyment of any of the Common Area or by abandonment of his Unit, or by waiving any services or amenities. In the event of any suit to recover a money judgment for unpaid assessments hereunder the involved Owner shall pay the costs and expenses incurred by the Association in connection therewith, including reasonable attorney fees.

Declaration - Highland 4141 Office Condominium s Page 10 7.10 Non-Judicial Foreclosure. All costs, expenses, assessments and fees owed to the

nnection therewith, including reasonable attorney fees.

Declaration - Highland 4141 Office Condominium s Page 10 7.10 Non-Judicial Foreclosure. All costs, expenses, assessments and fees owed to the Association for Common Expenses may be secured by a lien, which lien may be foreclosed in the same manner as foreclosures of deeds of trust under Utah law. The lien shall also secure and the Owner shall also be required to pay to the Association any assessments against the Unit which shall become due during the period of foreclosure. The Association shall have the right and power to bid an amount equal to its then existing lien at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the same as the Owner thereof. In any foreclosure or sale, the Owner shall pay the costs and expenses of such proceedings, including but not limited to the cost of a foreclosure report, reasonable attorney fees, and a reasonable rental for the Unit during the pendency of the foreclosure action. The Association in the foreclosure action may require the appointment of a receiver to collect the rental without regard to the value of the mortgage security. If the Association elects to foreclose the lien in the same manner as foreclosures in deeds of trust, then the Owner by accepting a deed to the Unit hereby irrevocably appoints the attorney of the Association, provided he or she is a member of the Utah State Bar, as Trustee, and hereby confers upon said Trustee the power of sale set forth with particularity in Utah Code Annotated, Section 57-1-23 (1953), as amended. In addition, Owner hereby transfers in trust to said Trustee all of his right, title, and interes t in and to the real property for the purpose of securing his

ted, Section 57-1-23 (1953), as amended. In addition, Owner hereby transfers in trust to said Trustee all of his right, title, and interes t in and to the real property for the purpose of securing his performance of the obligations set forth herein. Declarant hereby conveys and warrants pursuant to U.C.A. Sections 57-1-20 and 57-8-45 to Taylor R. Jones, as trustee, an attorney licensed in the State of Utah, with power of sale, the Unit and all improvements to the Unit for the purpose of securing payment of assessments under the terms of the Declaration. The Association may appoint a substitute trustee by executing a substitution of trustee as authorized in Utah Code Annotated, Section 57-1-22, without amending this paragraph.

7.11 Statement of Account. Upon written request of any Owner, Mortgagee, prospective Mortgagee, or prospective purchaser of a Unit and payment of any reasonable fee assessed a s authorized by law, the Association shall issue a written statement setting forth the following: (a) the amount of the unpaid assessments, if any, with respect to such Unit, and (b) the amount of the current regular assessment with respect to such Unit and the date such assessment becomes or became due. Such statement shall be conclusive upon the Association in favor of persons who rely thereon in good faith.

7.12 Personal Liability of a Purchaser. In a voluntary conveyance, the purchaser of a Unit shall be jointly and severally liable with the seller thereof for all unpaid assessments against such Unit up to the time of the grant of conveyance; provided, however, that the provisions of this Section shall not prejudice the purchaser’s right to recovery from the seller of the amount of such assessments paid by the purchaser for such assessments.

ovided, however, that the provisions of this Section shall not prejudice the purchaser’s right to recovery from the seller of the amount of such assessments paid by the purchaser for such assessments.

7.13 Reserves. Following the Period of Administrative Control, the Association shall be required to establish and maintain an adequate reserve fund for the cost of reasonably predictable and necessary major repairs, maintenance and replacement of Common Areas.

Declaration - Highland 4141 Office Condominium s Page 11 ARTICLE VIII SIGNS 8.1 Building Identification . The Board may enact rules consistent with this Declaration regarding the maintenance, size, style, material, color, type and location of all signs located in the Common Area or placed on a Building. No banner signs shall be permitted on a Building or anywhere on the property. No signs shall be installed anywhere in the project that are, in the sole judgment and discretion of the Board, inconsistent with the appearance and reputation of a first -class office building complex as judged by the size, style, material, color, type and location of the sign relative to the existing signs in the project. Signs located on a building identifying the occupant/business located therein shall be installed by the Owner and maintained, repaired and replaced by the Owner. No sign shall be installed on a building without the prior written consent of the Board.

8.2 Exterior Sign Locations. Subject to the other restrictions contained in this Article VIII, the Declarant shall have the right to determine (a) which Unit owners shall have the right to install a sign on the exterior of the Building, and (b) the location of any signs per mitted on the exter ior of the Building. At any point during the Period of Administrative Control,

ve the right to install a sign on the exterior of the Building, and (b) the location of any signs per mitted on the exter ior of the Building. At any point during the Period of Administrative Control, Declarant shall have the unilateral authority to record an amendment to t his Declaration that identifie s which O wners are permitted to install signa ge on the exterior of the Building, and the permitted location for each authorized sign. The Owners hereby recognize and agree that th is Declaration does not give all Unit owners the right to install a sign on the exterior of the Building.

8.3 Further Restrictions on Signs. No signs, flags, awnings, or advertising devices of any nature, including without limitation commercial, political, informational, or directional signs or devices, shall be erected or maintained at any place on the exterior of the Building, in the windows of a Unit, or on any other part of the Project without the prior inspection and written approval of the Board of Directors, except as may be necessary temporarily to caution or warn of danger. All signage, whether original or replacement, shall be professionally made and shall be of the style and theme established by the Board for the Project as a whole .

8.4 Zoning Compliance . Notwithstanding the provisions of Sections 8.1, 8.2 and 8.3 above, any sign, banner, or similar devices located in the Project shall comply with applicable city zoning ordinances.

ARTICLE IX MORTGAGES AND EFFECT OF FORECLOSURE 9.1 Mortgages. Any Owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall

ECT OF FORECLOSURE 9.1 Mortgages. Any Owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The Owner of a Condominium Unit may create junior mortgages on the following conditions: (1) that any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for Common Expenses, and Declaration - Highland 4141 Office Condominium s Page 12 other obligations created by this Declaration and by the By- Laws; and (2) that the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvement upon the mortgaged premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises, which insurance policies were effected and placed upon the mortgaged premises by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Association.

9.2 Foreclosure. In the event any person shall acquire or be entitled to the issuance of a tax deed, trustee's deed, sheriff's deed or other deed or conveyance, the interest so acquired shall be subject to all the provisions of this Declaration and to the terms, provisions, covenants, conditions and limitations contained in the Declaration, the Map, the By- Laws of the Association or any restrictions or exceptions affecting such interest then in force.

ARTICLE X INSURANCE 10.1 Insurance and Bond. The Board shall secure or cause to be secured and maintained at all times the following insurance and bond coverages:

fecting such interest then in force.

ARTICLE X INSURANCE 10.1 Insurance and Bond. The Board shall secure or cause to be secured and maintained at all times the following insurance and bond coverages: a) Fire and Casualty Insurance. A policy or policies of fire and casualty insurance, with extended coverage endorsement, for the full insurable replacement value of the entire Project as set forth in the Utah Condominium Ownership Act. Such policy or policies shall name as insured the Association, as trustee for the Owners, and all persons holding an interest in the Project or any of the Units, as their interests may appear. Each policy or policies shall provide a standard, non- contributory mortgagee clause in favor of each mortgagee which from time to time shall give notice to the Association of such mortgage. Each policy also shall provide that it cannot be cancelled by either the insured or the insurance company until after ten (10) days prior written notice is first given to each Owner and to each mortgagee who has requested such notice in writing. The Association shall, upon request, furnish to each Owner a certificate of coverage.

b) Fidelity Insurance or Bond. Appropriate fidelity insurance or a bond to protect against dishonesty of members of the Board and any person or entity handling funds of the Committee, including, but not limited to, employees of the professional managers, the minimum amount of such coverage to be as required by the Federal National M ortgage Association and/or the Federal Home Loan Mortgage Corporation.

c) Public Liability and Property Damage Insurance. A policy or policies insuring the

to be as required by the Federal National M ortgage Association and/or the Federal Home Loan Mortgage Corporation.

c) Public Liability and Property Damage Insurance. A policy or policies insuring the Association, the Manager, and each Owner against any liability incident to the ownership, operation, maintenance, or other use of the Project or of any Unit which may arise among themselves, to the public, and to any invitees, guests, or tenants of the Project or of the Unit Owners. Limits of liability under such insurance shall be not less than $300,000.00 for any person injured, $1,000,000.00 for all persons injured in any one accident, and $100,000.00 for property damage resulting from one occurrence. Such policies shall be issued on a comprehensive liability basis and shall Declaration - Highland 4141 Office Condominium s Page 13 provide a cross liability endorsement to which the rights of the named insureds as between themselves are not prejudiced. Each such policy shall provide that it cannot be cancelled either by the insured or the insurance company until after ten (10) days written notice to each and all of the insureds.

d) Workmen's Compensation Insurance. The Association shall obtain workmen's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law.

e) Additional Insurance Provisions. The following additional provisions shall apply with respect to insurance: i) In addition to the insurance described above, the Association shall secure and at all times maintain insurance against s uch risks as are or hereafter may

ons shall apply with respect to insurance: i) In addition to the insurance described above, the Association shall secure and at all times maintain insurance against s uch risks as are or hereafter may be customarily insured against in connection with condominium projects similar to the Project in construction, nature and use. The provisions of this Restated Declaration shall not be construed to limit the power or author ity of the Association to obtain and maintain insurance coverage in addition to any insurance coverage required by this Restated Declaration, in such amounts and in such forms as the Association may deem appropriate from time to time.

ii) The Association shall have the authority to adjust losses.

iii) In no event shall the insurance coverage secured and maintained by the Association be brought into contribution with insurance held by individual Unit Owners or their mortgagees.

iv) Each policy of insurance obtained by the Association shall, if possible, provide: a waiver of the insurer's subrogation rights with respect to the Association, the Board members, the Manager, the Unit Owners, and their respective servants, agents, and guests that it cannot be cancelled, suspended, or invalidated due to the conduct of any member, officer, or employee of the Association or of the Manager without a prior written demand that the defect be cured; and that any "no other insurance" clause therein shall not apply with respect to insurance held individually by Unit Owners.

or of the Manager without a prior written demand that the defect be cured; and that any "no other insurance" clause therein shall not apply with respect to insurance held individually by Unit Owners.

v) The Association shall review annually the coverage and policy limits of all insurance on the Project and adjust the same at its discretion. Such annual review shall include an appraisal of the improvements in the Project by a representative of the insurance carrier or carriers providing the policy or policies on the Project, or such other qualified appraisers as the Association may select.

Declaration - Highland 4141 Office Condominium s Page 14 vi) Each Unit Owner may (and should) obtain additional insurance at his own expense in the form of an HO -6 policy, so long as such additional insurance does not have the effect of decreasing the amount which may be realized under any policy maintained by the Association.

vii) Notwithstanding anything herein contained to the contrary, insurance coverages must be in such amounts and meet other requirements of the Federal National Mortgage Association and/or the Federal Home Loan Mortgage Corporation, and the Utah Condominium Ownership Act.

ARTICLE XI PARTY WALLS 11.1 General Rules of Law to Apply. Each wall which has been built or will be built on the dividing line between two Units as shown on the Map shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Party walls shall not be part of the Common Area.

11.2 Party Wall Construction. At the time this Declaration is recorded party walls hav e not

ligence or willful acts or omissions shall apply thereto. Party walls shall not be part of the Common Area.

11.2 Party Wall Construction. At the time this Declaration is recorded party walls hav e not been constructed between all Units. When Owner(s) of two adjacent Units desire to construct a party wall, the cost of constructing the party wall shall be a joint expense of the two Unit Owners and shall not be a Common Expense. Party walls shall not become part of the Common Area.

11.3 Destruction of Party Wall, Common Roof or Exterior. If a party wall is damaged or destroyed by the fault or negligence of one of the Owners, such damage shall be repaired by the Owner (unless the damage is covered by the Association's or Owner's insurance) to a condition equal to or better than immediately prior to the damage, and the negligent Owner or Owner at fault shall pay for all costs incurred to cure the damage. Should a party wall be damaged or destroyed by any cause other than by default or by an act of negligence of an Owner of the adjacent Unit, the damage shall be rebuilt or repaired to a condition equal to or better than immediately prior to the damage, at the joint expense of the Owners of the two affected Uni ts, provided that any amount received from an insurance company for such damage shall first be applied to the restoration of the wall.

ARTICLE XII DISPOSITION OF PROPERTY 12.1 Insufficient Insurance for Reconstruction. In the event the insurance proceeds are

pany for such damage shall first be applied to the restoration of the wall.

ARTICLE XII DISPOSITION OF PROPERTY 12.1 Insufficient Insurance for Reconstruction. In the event the insurance proceeds are insufficient to reconstruct the building, damage to or destruction of the building shall be repaired and restored by the Association using proceeds of insurance, if any, on the building for that purpose. The Unit Owners shall be liable for assessment for any deficiency. If three -fourths or more of the building is destroyed or substantially damaged and if the Unit Owners, by a vote of at least three-fourths of the Unit Owners, do not voluntarily, within one hundred days after such destruction or damage, make provision Declaration - Highland 4141 Office Condominium s Page 15 for reconstruction, the Association shall comply with the requirements of Utah Code Annotated § 57-8-31.

ARTICLE XIII POWER OF ATTORNEY 13.1 Irrevocable Power of Attorney. This Declaration does hereby make mandatory the irrevocable appointment of an attorney -in-fact to deal with the property upon its destruction or obsolescence.

13.2 Appointment of Association. Title to any Condominium Unit is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute appointment of the attorney- infact herein provided. All of the Owners irrevocably constitute and appoint the Association their true and lawful attorney in their name, place and stead for the purpose of dealing with the property upon its destruction or obsolescence as is hereafter provided. As attorney -in-fact, the Association, by its president and secretary, shall have full and

d for the purpose of dealing with the property upon its destruction or obsolescence as is hereafter provided. As attorney -in-fact, the Association, by its president and secretary, shall have full and complete authorization, right and power to make, execute and deliver to itself or a third person any contract, deed or any other instrument with respect to the interest of a Condominium Unit Owner which are necessary and appropriate to exercise the powers herein granted.

13.3 Authority to Subordinate Interest. Such power of attorney includes a power to subject a Unit Owner's condominium interest and/or percentage Ownership to whatever rights are necessary (including entry of a Unit in an emergency) to permit proper maintenance, repair and improvement to each and the condominium building and Common Areas by the Association.

ARTICLE XIV EASEMENTS 14.1 Easement for Minor Encroachments. The Owners of the respective Condominium Units agree that if any portion of the Common Areas and facilities encroaches upon the Condominium Units, or if any portion of a Unit encroaches upon the Common Area, or upon an adjoining Unit or Units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. In the event a structure is partially or totally destroyed, an d then rebuilt, the Owners of the Condominium Units therein agree that minor encroachment of parts of the Common Areas and facilities due to construction shall be permitted and that valid easement for said encroachment and the maintenance thereof shall exi st. None of such encroachments or easements shall be considered or determined to be encumbrances either on the Common Area or on the Units.

for said encroachment and the maintenance thereof shall exi st. None of such encroachments or easements shall be considered or determined to be encumbrances either on the Common Area or on the Units.

14.2 Easement for Utilities. There is hereby created a blanket easement upon, across, over and under the above- described premises for ingress, egress, installation, replacing, repairing and maintaining all utilities, including but not limited to water, sewers, gas, telephones and electricity. By virtue of this easement, it shall be expressly permissible for Declaration - Highland 4141 Office Condominium s Page 16 the providing el ectrical and/or telephone company to erect and maintain necessary equipment on said property and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across, and under the roofs and exterior walls of said Condominium Units. Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on said premises except as initially programmed and approved by Declarant or thereafter ap proved by Declarant or the Association's Board. This easement shall in no way affect any other recorded easement on said premises.

14.3 Easement for Association. An easement is also reserved in, on and over each Condominium Unit to permit the Association or its designees to effect any desired or necessary maintenance or repairs to the Common Area.

ARTICLE XV USE AND OCCUPANCY RESTRICTIONS 15.1 Business Offices. The property is intended to be used for professional and/or business office purposes. Any use permitted under applicable zoning laws shall be permitted as long as the use does not violate the terms of this Declaration.

tended to be used for professional and/or business office purposes. Any use permitted under applicable zoning laws shall be permitted as long as the use does not violate the terms of this Declaration.

15.2 Use of Exterior Property. The Owners of Condominium Units are hereby prohibited and restricted from using any land or all space outside the exterior building lines, except for use as Common Area as may be allowed by the Association or as provided in this Declaration. An owner may, after receiving Board approval and in accordance with rules adopted by the Board, place storage containers or other business related items in the portion of the Limited Common Area reserved for that Unit’s use. The Board may, at any time, require an Owner to remove any item from the Limited Common Area. It is expressly acknowledged and agreed by all parties concerned that this paragraph is for the mutual benefit of all Owners of Condominium Units and is necessary for the protection of said Owners.

15.3 Cooperative Action. Any cooperative action necessary or appropriate to the proper maintenance and upkeep of the Common Areas and all exteriors and roofs of the Condominium Units, including but not limited to, recreation and parking areas and walks, shall be taken by the Association.

15.4 Association Management of Exterior. The Association, or its duly delegated representative, shall maintain and otherwise manage all property up to the exterior building lines and including, but not limited to the landscaping, parking areas, streets, roofs, Common Areas and exteriors of the building located upon the above- described property, and shall maintain and otherwise manage and be responsible for the rubbish removal of all areas within the above-described property.

eriors of the building located upon the above- described property, and shall maintain and otherwise manage and be responsible for the rubbish removal of all areas within the above-described property.

15.5 Damage by Owner. In the event any common element, including part of a building is damaged or destroyed through the negligent or culpable act of an Owner or any of his invitees or agents, such Owner does hereby irrevocably authorize the Association, its Declaration - Highland 4141 Office Condominium s Page 17 attorney -in-fact, to repair said damaged element, building, or storage facility and the Association shall so repair said damaged element or building. The Owner shall then repay the Association in the amount actually expended for said repairs, together with all other expenses reasonably and necessarily incurred by the Association in connection therewith, less any amou nts paid by insurance. Each Condominium Unit Owner further agrees that these charges for repairs, if not paid with ten (10) days after the completion of the work, shall become a lien upon said Owner's condominium interest as set forth above, and shall continue to be such lien until fully paid.

15.6 Antennas and Other Communication Equipment. No exterior television or radio antennas or similar equipment of any sort shall be placed, allowed or maintained upon any portion of the improvements to be located upon the premises, nor upon any structure situated upon said real property, other than an aerial for a master antenna system, should any such master system or systems by utilized and required any such exterior antenna, without the consent of the Board.

15.7 No Pets or Animals. Except for any animals the Association is required to allow on the

ter system or systems by utilized and required any such exterior antenna, without the consent of the Board.

15.7 No Pets or Animals. Except for any animals the Association is required to allow on the premises by law, no pets or animals of any kind or nature whatsoever shall be permitted in any Unit, in the Common Areas, or in any other part of the Project unless the Owner of the Unit the animal is visiting first receives written permission from the Board.

15.8 Interior Maintenance. An Owner shall maintain and keep in repair the interior of his own Unit, including the fixtures thereof, including the furnaces and air conditioning systems which serve only his Unit (even if located in the Common Area). All fixtures and equipment installed within a Condominium Unit commencing at a point where the utility lines, pipes, wires, conduits or systems (which for brevity are hereafter referred t o as “utilities”) enter the office Unit shall be maintained, replaced, and kept in repair by the Owner thereof.

15.9 Structural Soundness. An Owner shall not do any act or any work that will impair the structural soundness or integrity of the building or impair any easement.

ARTICLE XVI SUBDIVIDE 16.1 Subdivide. Nothing in this Declaration shall limit an Owners right to subdivide or

will impair the structural soundness or integrity of the building or impair any easement.

ARTICLE XVI SUBDIVIDE 16.1 Subdivide. Nothing in this Declaration shall limit an Owners right to subdivide or partition a Unit for the purpose of creating two or more Units within the existing Building, as permitted under applicable city ordinances. If an Owner desires to subdivide or partition a Unit, the Association and the Owners will not oppose the subdivision if it will not have a negative impact on the use of the adjoining Units, and will assist the Owner of the Unit being subdivided by agreeing to the amendments necessary to this Declaration and the Bylaws. Voting and assessment percentages shall be adjusted within the subdivided Unit in such a manner to reflect the Common Expenses to be paid by the newly created Unit and so as not to not modify the total square footage reflected on Exhibit "D".

Declaration - Highland 4141 Office Condominium s Page 18 ARTICLE XVII DISPUTE RESOLUTION

aid by the newly created Unit and so as not to not modify the total square footage reflected on Exhibit "D".

Declaration - Highland 4141 Office Condominium s Page 18 ARTICLE XVII DISPUTE RESOLUTION 17.1 Statement of Intent. Prior to purchasing a Unit, every Owner is capable of obtaining an inspection and is permitted to perform, or pay someone else to perform, any inspection on any Unit and Dwelling the Owner is purchasing regarding any aspect of the Project. Moreover, if any warranty is provided, it identifies only those items warranted by the Declarant or the contractor who built the Unit. Having had the ability to inspect prior to purchasing a Unit, having received a written warranty if any warranty is provided, and having paid market price for a Unit in the condition the Units and Common Area are in at the time of purchase, it is acknowledged that it is unfair and improper to later seek to have the Declarant and/or any contractor performing work in the Project to change, upgrade, or add additional work to the Project outside of any express warranty obligation. Moreover, the Owners (by purchasing a Unit) and the Declar ant acknowledge and agree that litigation is an undesirable method of resolving disputes and conflicts in that it can be slow, expensive, uncertain, and can often negatively impact the sale value and ability to obtain financing for the purchase of Units for years, unfairly prejudicing those Owners who must or want to sell their Unit during any period when litigation is pending. For this reason, the Owners by purchasing a Unit and the Declarant agree and acknowledge that claims and disputes with Declarant an d or the contractor who built the Unit shall not be

tion is pending. For this reason, the Owners by purchasing a Unit and the Declarant agree and acknowledge that claims and disputes with Declarant an d or the contractor who built the Unit shall not be pursued through court action, but shall be asserted and resolved only through certain specific alternative dispute resolution mechanisms and only after full disclosure, right to cure periods, and knowing approval of the Owners, as set forth herein. In addition, the Association and the Owners agree that they take ownership and possession of the Units and Common Area AS IS, with no warranties of any kind except as otherwise required as a matter of law. The D eclarant and the contractors who build the Units specifically disclaim any warranties of merchantability, fitness for a particular use, or of habitability, to the full extent allowed by law.

17.2 Arbitration. To the fullest extent permitted by law, all claims and disputes of any kind that any Owner or the Association may have involving the Declarant or contractor who built a Unit, or any agent, employee, executing officer, manager, affiliate or owner of the Declarant, or any engineer or contractor involved in the design or construction of the Project, which arises from or is in any way related to a Unit, Common Area, or any other component of the Project (a “Dispute”), shall be submitted to final and binding arbitration. Binding arbitration shall be the sole remedy for resolving claims and disputes between or involving the Declarant, the contractor, and any Owner or between or involving the Declarant, the contractor, and the Association. Arbitration proceedings shall not be commenced unless the Pre- Arbitra tion Requirements set forth in Section 17.3

any Owner or between or involving the Declarant, the contractor, and the Association. Arbitration proceedings shall not be commenced unless the Pre- Arbitra tion Requirements set forth in Section 17.3 below have been satisfied in full. Without in any way limiting the foregoing, Disputes subject to binding arbitration shall include: a) Any allegation that a condition in any of the Units, Dwellings, or Common Area is a construction defect; Declaration - Highland 4141 Office Condominium s Page 19 b) Any disagreement as to whether an alleged construction defect has been corrected; c) Any disagreement about whether any warranties, including implied warranties, are applicable to the subject matter of any Dispute; d) Any disagreement as to the enforceability of any warranties alleged to be applicable to the subject matter of any Dispute; e) Any disagreement about whether any warranty alleged to be applicable to the subject matter of any Dispute has been breached; f) Any alleged violations of consumer protection, unfair trade practice, or other statutes; g) Any allegation of negligence, strict liability, fraud, and/or breach of duty of good faith, and all other claims arising in equity or from common law; h) Any allegation that any condition existing in the Project or created by the Declarant, including construction-related noise, dust, and traffic, is a nuisance; i) Any disagreement concerning the issues that should be submitted to binding arbitration; j) Any disagreement concerning the timeliness of performance of any act to be performed by Declarant; k) Any disagreement as to the payment or reimbursement of any fees associated with binding arbitration;

y disagreement concerning the timeliness of performance of any act to be performed by Declarant; k) Any disagreement as to the payment or reimbursement of any fees associated with binding arbitration; l) Any other claim or disagreement arising out of or relating to the sale, design, or construction of any of the Units, Dwellings, or Common Areas.

17.3 Pre-Arbitration Requirements. An Owner or the Association may only pursue a claim against the Declarant or contractor to the extent described herein or by law after the following dispute resolution efforts have been completed: a) Right to Cure: The Owner shall provide to the Declarant or contractor a written Notice of Claim (defined below) and permit the Declarant or contractor one hundred eighty (180) days to cure or resolve the claim or defect or to try to get the builder or the appropriate subcontractor to cure or resolve the claim or defect, prior to initiating any formal arbitration proceedings; b) If the dispute is not resolved within the 180- day Right to Cure period, the parties agree to me diate the dispute prior to taking further action or commencing arbitration. If additional, different, or modified claims, damages, calculations, supporting information, or descriptions are added, provided to, or asserted against the Declarant or contractor that were not included in any previously submitted Notice of Claim, the Right to Cure period provided for in this section shall immediately apply again and Declaration - Highland 4141 Office Condominium s Page 20 any pending action or proceedings, including any mediation or arbitration, shall be stayed during the 180-day period.

iately apply again and Declaration - Highland 4141 Office Condominium s Page 20 any pending action or proceedings, including any mediation or arbitration, shall be stayed during the 180-day period.

c) "Notice of Claim" shall mean and include the following information: (1) an explanation of the nature of the claim, (2) a specific breakdown and calculation of any alleged damages, (3) a specific description of the claim along with any supporting opinions, information, or factual evidence upon which the claim is based, (4) photographs of any alleged condition, if applicable, (5) samples of any alleged defective conditions or materials, (6) all efforts taken to avoid, mitigate, or min imize the claim or any alleged damages arising therefrom, and (7) the names, phone numbers, and address of each person providing factual information, legal or factual analysis, or legal or factual opinions related to the claim.

17.4 Binding Arbitration. If a c laim or dispute has not been resolved after satisfying and complying with the above- described “Pre- Arbitration Requirements,” then the claimant (Owner or Association or contractor) shall have the right to proceed with binding arbitration; however, the Association shall not pursue or commence binding arbitration unless such action is first approved by a majority of the total votes of the Association after first obtaining a written opinion from legal counsel advising the Association of the likelihood of succe ss on the merits of the claims, the anticipated costs and legal fees, the

the Association after first obtaining a written opinion from legal counsel advising the Association of the likelihood of succe ss on the merits of the claims, the anticipated costs and legal fees, the anticipated expert witness fees, and the likelihood of recovery if the Association prevails. The written opinion from legal counsel, addressing these topics, must be provided to all Owners before the formal vote on whether to proceed with binding arbitration. The binding arbitration shall be conducted by a member of the American Arbitration Association's Panel of Construction Arbitrators, or by a different arbitrator or arbitration service provider if mutually approved by the parties. The binding arbitration shall be conducted according to the rules and procedures set forth in the Construction Industry Arbitration Rules promulgated by the American Arbitration Association. The award of the arbitrator shall be final and may be entered as a judgment by any court of competent jurisdiction.

17.5 Fees and Costs. Each party shall bear its own attorney fees and costs (including expert witness costs) for the arbitration. The arbitrator shall not awa rd attorney fees or expert witness fees to the prevailing party. The arbitration filing fee and other arbitration fees shall be divided and paid equally as between the parties.

17.6 No Court Proceeding. If any Owner, the Association, or the Declarant or contr actor files

bitration filing fee and other arbitration fees shall be divided and paid equally as between the parties.

17.6 No Court Proceeding. If any Owner, the Association, or the Declarant or contr actor files a proceeding in any court to resolve any Dispute, such action shall not constitute a waiver of the right of such party, or a bar to the right of any other party, to seek arbitration of that or any other Dispute and such court shall, upon motion of any party to the proceeding, stay the proceeding before it and direct that such Dispute be arbitrated in accordance with the terms set forth herein.

17.7 Subrogation. The Association and each Owner waives any right to subrogation against the Declarant and any builder and engineer in the Project. This waiver shall be broadly construed and applied to waive, among other things, any attempt by any insurer of any Declaration - Highland 4141 Office Condominium s Page 21 Owner or of the Association from pursuing or exercising any subrogation rights, whether arising by contract, common law, or otherwise, against the Declarant, the engineer, and builder, and their officers, employees, owners, and representatives. To the full extent permitted by law, the Association and Owners hereby release Declarant, the Project engineer, and builder, their respective officers, employees, owners, and representatives

tatives. To the full extent permitted by law, the Association and Owners hereby release Declarant, the Project engineer, and builder, their respective officers, employees, owners, and representatives from any and all liability to the Association and all Owners, and anyone claiming through or under them by way of subrogation or otherwise, for any loss, injury, or damage to property, caused by fire or any other casualty or event, even if such fire or other casualty shall have been caused by the fault or negligence of Declarant or builder, their officers, employees, owners, and representatives. The Association and each Owner agrees that all policies of insurance shall contain a clause or endorsement to the effect that this release and waiver of subrogation shall not adversely affect or impair such policies or prejudice the right of the Association or any Owner to recover thereunder. The Association and all Owners shall indemnify and defend the Declarant, the builder, and any of their officers, employees, owners, or representatives from any claims barred or released by this provision, including but not limited to any claim brought under any right of subrogation.

17.8 No Rights Created. Nothing in this Declaration or in this Article XVII shall grant or otherwise create a right of action by the Association against the Declarant, the developer or the builder, that does not otherwise already exist under Utah law.

ARTICLE XVIII ACCOUNTING RECORDS 18.1 Records. The Association shall keep detailed, accurate records in chronological order of

er or the builder, that does not otherwise already exist under Utah law.

ARTICLE XVIII ACCOUNTING RECORDS 18.1 Records. The Association shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the Common Areas, specifying and itemizing the maintenance and repair expenses of the Common Areas and any other Common Expenses incurred. Such records and vouchers authorizing the payments shall be available for examination by the Condominium Unit Owners and others with an interest such as encumbrances or prospective lender s at convenient business hours.

ARTICLE XIX AMENDMENT TO DECLARATION 19.1 Except as otherwise provided herein, this Declaration, and any amendments to the Declaration, may be amended with or without a meeting of the Owners by the affirmative consent or vote of at least sixty -seven percent (67%) of the Percentage Interest of the Owners. All necessary written consents must be obtained prior to the expiration of ninety (90) days from the date the first written consent is obtained. Any amendment so authorized shall be accomp lished through the recordation of an instrument executed by an officer of the Association certifying that the vote required by this Article has occurred, which properly approved amendments shall be evidenced by instruments which are duly recorded in the office of the County Recorder for Salt Lake County, State of Utah .

19.2 During the Period of Administrative Control, the Declarant shall have and is hereby vested with the right to amend this Declaration and the Plats by an instrument duly Declaration - Highland 4141 Office Condominium s Page 22 executed and acknowledged by Declarant and recorded in the Official Records of the

mend this Declaration and the Plats by an instrument duly Declaration - Highland 4141 Office Condominium s Page 22 executed and acknowledged by Declarant and recorded in the Official Records of the County Recorder of Salt Lake County, Utah. Such right of amendment shall apply without regard to the subject matter or the nature of the amendment involved, shall include the right to adjust the size of one or more Units, as well as Percentage Interests listed on Exhibit “D”.

ARTICLE XX DECLARANT’S SALES PROGRAM 20.1 Declarant’s Right to Promote and Sell the Project . Notwithstanding any other provisions of this Declaration, until Declarant ceases to be an Owner (“Occurrence”), Declarant, its successor or assigns shall have the following rights in furtherance of any sales, promotional or other activities designed to accomplish or facilitate the sale of Units owned by Declarant: a) Sales Offices and Model Units . Declarant, its successors and assigns, shall have the right to maintain sales offices within the Project. Sales offices may be located within any Unit (at any location) owned by Declarant or may be located on any of the Common Area.

b) Promotional Devices . Declarant, its successors and assigns, shall have the right to maintain a reasonable number of promotional, advertising and/or directional signs, banners and similar devices at any place or places on the Common Area or Units owned by D eclarant, but any such devices shall be of sizes and in locations as are reasonable and customary.

c) Right to Use the Common Area . Declarant shall have the right to use the Common Area of the Project to entertain prospective purchasers or to otherwise facil itate Unit sales, provided said use is reasonable as to both time and manner.

arant shall have the right to use the Common Area of the Project to entertain prospective purchasers or to otherwise facil itate Unit sales, provided said use is reasonable as to both time and manner.

20.2 Declarant’s Rights to Relocate Sales and Promotional Activities . Declarant shall have the right from time to time to locate or relocate its sales offices, trailer and signs, ban ners and similar devices, but in connection with each such location or relocation Declarant shall observe the limitations imposed by the preceding portions of this Article. Within a reasonable period of time after the happening of the Occurrence, Declarant shall have the right to remove from the Project any sales structures, fixtures, improvements, signs, banners and similar sales materials and properties.

20.3 Limitation on Amending Association Documents. During any time Declarant holds an ownership interest in any Unit or in any portion of the property, no amendment shall be made to the Declaration, Bylaws or Rules without the written consent and approval of the Declarant.

Declaration - Highland 4141 Office Condominium s Page 23 ARTICLE XXI MISCELLANEOUS PROVISIONS 21.1 Agent for Service of Process . Tucker Nipko, 1086 West 3050 North, Pleasant View, Utah 84414, is designated initially as the person to receive service of process in cases authorized by the Act; provided, however, that the Board of Directors shall have the right to appoint a successor agent for service of process who shall be a resident of Utah. Such successor and his address shall be specified by an appropriate amendment filed in the Office of the Recorder of Salt Lake County, Utah.

21.2 Severability. If any provisions in this Declaration or any section, sent ence, clause, phrase

specified by an appropriate amendment filed in the Office of the Recorder of Salt Lake County, Utah.

21.2 Severability. If any provisions in this Declaration or any section, sent ence, clause, phrase or word or the application thereof in any circumstance, is held invalid, the validity of the remainder of the Declaration and of any such provision, section, sentence, clause, phrase or word in any other circumstances shall not be affected thereby.

21.3 Language Variations. The use of pronouns or of singular or plural as used herein shall be deemed to be changed as necessary to conform to actual facts.

21.4 Headings. Headings are for identification purposes. Headings shall not be used to interp ret or enforce this Declaration.

DATED t his day of , 2023 Declarant: Highland 4141, LLC STATE OF UTAH ) : ss.

Nipko and did acknowledge that he is the signer of the foregoing instrument and signed the foregoing instrument in his capacity as Man ager of the Highland 4141, LLC.

NOTARY PUBLIC EXHIBIT “A” LEGAL DESCRIPTION OF UNITS Condo Suites 101 through 104, 201 through 204, and 301 through 304, Highland 4141 Office Condominiums, Holladay City , Salt Lake County, Utah.

EXHIBIT “B” Articles of Incorporation ARTICLES OF INCORPORATION for the HIGHLAND 4141 OWNERS ASSOCIATION The undersigned adult natural persons, acting as incorporators, hereby establish a nonprofit corporation pursuant to the Utah Revised Nonprofit Corporation Act (the “Act”) and adopt the following articles of incorporation for such corporation.

ARTICLE I

rporators, hereby establish a nonprofit corporation pursuant to the Utah Revised Nonprofit Corporation Act (the “Act”) and adopt the following articles of incorporation for such corporation.

ARTICLE I NAME The name of the corporation is the Highland 4141 Owners Association (hereinafter the “Association”).

ARTICLE II DURATION The Association shall have perpetual existence.

ARTICLE III PURPOSES AND POWERS 1. Purposes The Association is organized as a nonprofit corporation and shall be operated to promote the health, safety and welfare of all members of the Association in connection with the Highland 4141 Office Condominiums and to establish, provide, and maintain a desirable commu nity and environment for all member Owners.

2. Powers In furtherance of the foregoing purposes, and subject to the restriction set forth in Section 3 of this Article, the Association shall have and may exercise all of the powers now or hereafter conferred up on nonprofit corporations organized under the laws of Utah and may do everything necessary or convenient for the accomplishment of any of the corporate purposes, either alone or in connection with other organizations, entities or individuals, and either as principal or agent, subject to such limitations as may be prescribed by law.

3. Restrictions Upon Purposes and Powers The foregoing purposes and powers of the Association are subject to the following limitations: a. Earnings of Association No part of the net earnings of the Association (if any) shall inure to the personal benefit of any member of the Association; however, this restriction shall not limit or impair the Association’s right to compensate Members for services rendered or for goods sold or leased to the Association;

f any member of the Association; however, this restriction shall not limit or impair the Association’s right to compensate Members for services rendered or for goods sold or leased to the Association; Articles of Incorporation – Highland 4141Owners Association Page 2 b. Nonprofit Organization . The Association shall be organized and operated exclusively for non- profitable purposes as set forth in Section 528 of the Internal Revenue Code as it is now or may hereafter be amended, or in any corresponding provision of any future law of the United State of America providing for exemption of similar organizations from income taxation; and ARTICLE IV DIVIDENDS & DISTRIBUTIONS The Association shall not pay any dividends. No distribution of the corporate assets to Members (as such) shall be made except as permitted by the Internal Revenue Code and the Utah Code sections governing condominiums and community associations. Upon dissolutions of the Association, the assets shall be distributed as provided in Article X herein.

ARTICLE V MEMBERSHIP AND VOTING 1. Members. The Association shall have Members. Every Owner of a Unit which is subject to assessment shall be a Member of the Association. Each membership shall be pertinent to and may not be separated from ownership of the Unit to which the membership is attributable.

2. Stock. No stock in the Association shall be issued. The Board may, in its discretion, issue certificates evidencing a Member’s membership in the Association. A person’s membership, however, is not affected by the holding of such a certificate and a Member is entitled to all the benefits and subject to all obligation of membership whether or not the Member holds a membership certificated.

is not affected by the holding of such a certificate and a Member is entitled to all the benefits and subject to all obligation of membership whether or not the Member holds a membership certificated.

3. Voting. When voting on Associati on matters, each Unit Owner shall be entitled to vote their Percentage Interest, as set forth in Exhibit “D” attached to the Declaration. The Association shall have one class of voting membership.

4. Right to Vote. No change in the ownership of a membership shall be effective for voting purposes unless and until the Board is given actual written notice of such change and is provided satisfactory proof thereof. The vote for each Unit must be cast as a Unit, and factional votes shall not be allowed. If a Unit is owned by more than one person or entity and such Owners are unable to agree among themselves as to show their vote or votes shall be cast, they shall not be entitled to vote on the matter in question. If any Member casts a vote representing a certain Unit, it will thereafter be conclusively presumed for all purposes that he was acting with the authority and consent of all other Owners of the same Unit unless objection thereto is made at the time the vote is cast. If more than one vote is cast for a partic ular Unit, none of the said votes shall be counted and all said votes shall be deemed void. Voting by proxy is allowed as set forth in the Association’s Bylaws.

5. No Cumulative Voting. In any election of the members of the Board, the Owner(s) of a given Unit shall collectively have one vote for each Director position to be elected. The Articles of Incorporation – Highland 4141Owners Association Page 3 candidate receiving the highest number of votes for a given Director position shall be

for each Director position to be elected. The Articles of Incorporation – Highland 4141Owners Association Page 3 candidate receiving the highest number of votes for a given Director position shall be deemed elected to such position. Cumulative voting shall not be allowed in the election of members of the Board or for any other purpose.

6. Transfer of Membership. The rights and obligations of memberships in the Association shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon transfer of ownershi p to an Owner’s Unit and then only to the new Owner of the Unit. A transfer of ownership to a Unit may be effected by deed, intestate succession, testamentary disposition, foreclosure of a mortgage of record, or such other legal process as now in effect or as may hereafter be established under or pursuant to the laws of the State of Utah. Any attempt to make a prohibited transfer shall be void. Any transfer of ownership to a Unit shall automatically transfer the membership appurtenant to said Unit to the ne w Owner thereof.

ARTICLE VI SHARE OF STOCK The Association shall not issue any shares of stock.

ARTICLE VII DIRECTORS The management of the affairs of the Association shall be vested in a Board of Directors, except as otherwise provided in the Act, these Articles of Incorporation or the Bylaws of the Association. The number of Directors, their classification, if any, their terms of office and the manner of their election or appointment shall be determined according to the Bylaws of the Associati on from time to time in force. Three Directors shall constitute the Board of Directors.

ARTICLE VIII BYLAWS The initial Bylaws of the Association shall be those adopted as the Bylaws of the

Associati on from time to time in force. Three Directors shall constitute the Board of Directors.

ARTICLE VIII BYLAWS The initial Bylaws of the Association shall be those adopted as the Bylaws of the Association in connection with the Declaration. The Bylaws of the Association may contain any provisions for the regulation or management of the affairs of the Association which are not inconsistent with law or these articles of incorporation, as these articles may from time to time be amended.

ARTICLE IX INITIAL PRINCIPAL OFFICE, REGISTERED OFFICE AND AGENT The address of the initial principal office of the Association is: Highland 4141 Owners Association , 1086 West 3050 North, Pleasant View, Utah 84414. The address of the initial registered office is: 1086 West 3050 North, Pleasant View, Utah 84414. The name of the Association's registered agent at such address is Tucker Nipko.

Articles of Incorporation – Highland 4141Owners Association Page 4 ARTICLE X DISSOLUTION The Association may be dissolved only upon termination of the Declaration of Covenants, Conditions and Restrictions for the Highland 4141 Office Condominiums . Written notice of a proposal to dissolve, setting forth the reasons therefore and the disposition to be made of the assets, as set forth below, shall be mailed to every Member at least 30 days in advance of any action taken. Upon dissolution of the Association, the assets both real and personal of the Association, shall be distributed to the Members according to the provisions of the Act and the Utah Code sections governing community associations.

ARTICLE XI INCORPORATOR The name and address of the incorporator of this Association is: Taylor R. Jones, 5732 S. 1475 E., South Ogden, Utah 84403.

ARTICLE XII AMENDMENT

g community associations.

ARTICLE XI INCORPORATOR The name and address of the incorporator of this Association is: Taylor R. Jones, 5732 S. 1475 E., South Ogden, Utah 84403.

ARTICLE XII AMENDMENT The Association may amend these Articles of Incorporation by a vote of not less than 51% of the members. IN WITNESS WHEREOF, I, Taylor R. Jones, have executed these Articles of In corporation this day of , 2023, and say that I am the incorporator herein and have read the above and foregoing Articles of Incorporation and know the contents thereof and that the same is true to the best of my knowledge and belief. .

Taylor R. Jones ACKNOWLEDGMENT OF ACCEPTANCE BY REGISTERED AGENT The undersigned hereby accepts and acknowledges appointment as the initial registered agent of the Association named above.

Tucker Nipko EXHIBIT “C” BYLAWS BYLAWS OF THE HIGHLAND 4141 OWN ERS ASSOCIATION The following are adopted as the administrative Bylaws of the Highland 4141 Owners Association (“Association”).

ARTICLE I PLAN OF OWNERSHIP AND INCORPORATION 1.1 Submission. These Bylaws have adopted by the Owners of Units in the Highland 4141 Office Condominiums and shall govern the administration of the Highland 4141 Owners Association .

1.2 Definitions. The words defined in Article II of the Declaration of Covenants, Conditions and Restrictions for the Highland 4141 Office Condominiums (“Declaration”), shall have the same meaning when used herein unless the context clearly requires another meaning.

1.3 Conflict. In the event of any conflict, incongruity or inconsistency between the provisions

on”), shall have the same meaning when used herein unless the context clearly requires another meaning.

1.3 Conflict. In the event of any conflict, incongruity or inconsistency between the provisions of these Bylaws and the provisions of the Declaration or any amendments thereto, the provisions of the Declaration or any amendments thereto shall in all instances govern and control.

1.4 Office and Registered Agent. The Registered Agent of the Association shall be the President or Secretary of the Association and the Regi stered Office of the Association shall be the office of the President or such other place as shall be designated by him.

1.5 Bylaws Applicability. All present and future Owners, residents, tenants, renters, lessees, and their guests, licensees, invitees, servants, agents or employees, and any other person or persons who shall be permitted at the Highland 4141 Office Condominiums shall be subject to and abide by these Bylaws.

ARTICLE II BOARD OF DIRECTORS 2.1 Status and General Authority . Except as otherwise herein provided, the Project shall be managed, operated, and maintained by the Board of Directors as agent for the Association of Owners. The Board shall, in connection with its exercise of any of the powers hereinafter Bylaws – Highland 4141 Owners Association Page 2 provided, constitute a legal entity capable of dealing in the Association's name. The Board of Directors shall have, and is hereby granted, the following authority and powers: a) The authority without the vote or consent of the Owners or of any other person, except for M ortgagees if required by the terms of their Mortgage, to grant or create on such

authority and powers: a) The authority without the vote or consent of the Owners or of any other person, except for M ortgagees if required by the terms of their Mortgage, to grant or create on such reasonable terms as it deems advisable, utility and similar easements over, under, across, and through the Common Areas and Facilities; b) The authority to execute and record, on behalf of all Owners, any amendments to the Declaration or the Map which have been approved by the vote or consent of Owners necessary to authorize such amendments as set forth in the Declaration; c) The power to sue and be sued; d) The authority to enter into contracts relating to the Common Areas and other matters over which it has jurisdiction, so long as any vote or consent of the Owners necessitated by the subject matter of the agreement has been obtained; e) The power and authority to convey or transfer any interest in real property, so long as the vote or consent necessary under the circumstances has been obtained, including that of any Mortgagee if required by the terms of its Mortgage; f) The power and authority to purchase, or otherwise acquire, and accept title to, any interest in real property so long as such action has been authorized by any vote or consent which is necessary under the circumstances; g) The authority to promulgate such reasonable rules, regulations, and procedures as may be necessary or desirable to aid the Board in carrying out its functions or to insure that the Project is maintained and used in a manner consistent with the interests of the Owners; and

edures as may be necessary or desirable to aid the Board in carrying out its functions or to insure that the Project is maintained and used in a manner consistent with the interests of the Owners; and h) The power and authority to perform any other acts and to enter into any other transactions, subject to the rights of the Board of Directors, which may be reasonably necessary for the Board of Directors to perform its functions as agent for the Owners. Any instrument executed by the Board of Directors relating to the Common Areas of the Project that recites facts which, if true, would establish the Board's power and authority to accomplish through such instrument what is purported to be accomplished thereby, shall conclusively establish said power and authority in favor of any pers on who in good faith and for value relies upon said instrument.

2.2 Indemnification of Board of Directors. Each member of the Board of Directors shall be indemnified and held harmless by the Owners against all costs, expenses, and liabilities whatsoever (excl uding fraudulent and/or criminal actions, intentional misconduct, and gross negligence) including, without limitation, attorney fees reasonably incurred by him in connection with any proceeding to which he may become involved by reason of his being or having been a member of said Board.

Bylaws – Highland 4141 Owners Association Page 3 2.3 Board of Directors: Composition, Election, Vacancies. The Board shall be composed of three (3) members, one to be elected to a three- year term, one to a two year term and one to a one -year term. As members terms expire, new members shall be elected for three- year

all be composed of three (3) members, one to be elected to a three- year term, one to a two year term and one to a one -year term. As members terms expire, new members shall be elected for three- year terms. Members shall serve on the Board until their successors are elected. Board members must be individual Owners, or officers, directors, agents or employees of non-individual owners. Vacancies in the Board membership may be filled by appointment by the remaining members or member of the Board and said appointees shall serve until the next annual meeting when their successors shall be elected for the unexpired term of the member they were appointed to replace.

2.4 Rights and Duties. The Board of Directors, subject to the rights and duties of the Owners, this Declaration, and the Bylaws, shall be responsible for the general management. and administration of the Association. It is understood that the Board has the obligation to provide for maintenance of the Common Areas.

2.5 Personal Property Ownership and Use. The Board of Directors may acquire and hold for the use and the benefit of all of the Owners tangible and intangible personal property and may dispose of the same by sale or otherwise, and the beneficial interest in any such property shall be deemed to be owned by the Owners in the same proportion as their respective interests in an d to the Common Areas and transferable only with the transfer of a Unit.

erest in any such property shall be deemed to be owned by the Owners in the same proportion as their respective interests in an d to the Common Areas and transferable only with the transfer of a Unit.

2.6 Rules and Regulations. The Board of Directors may make reasonable rules and regulations governing the operation and use of the Common Areas and of other matters over which it has jurisdiction, which rules and regulations shall be consistent with the rights and duties established in this Declaration. The Board of Directors may suspend any Owner's voting rights at any meeting of Owners or for periods during which such Owner fails to comply with such rules and regulations, or with any other obligations under this Declaration. The Board of Directors may also take judicial action against any Owner to enforce compliance with such rules and regulations or other obligations or to obtain damages for noncompliance, all to the extent provided by law.

2.7 Capital Improvements. There shall be no structural alterations or capital additions to the Building, or capital improvements of the Common Areas, without the prior approval of the Board and the approval of a majority of the Percentage Interest of the Owners.

2.8 Extended Rights. The Board of Directors may exercise any other right or privilege given to it expressly by this Declaration or by law and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.

or by law and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.

2.9 Architectural Control. The Board shall act in all matters pertaining to architectural control of the project and shall establish rules and procedures for submitting plans for approval of any proposed construction, alteration, remodeling, etc., involving the exterior of any Building.

Bylaws – Highland 4141 Owners Association Page 4 2.10 Board Meetings, Quorum, Board Action. The Board may establish its rules for meetings, whether regular or special. A majority of current Board members shall constitute a quorum and the action of a majority of those attending a meeting at which a quorum is present shall be sufficient to constitute the action of the Board. Action by consent shall requir e the unanimous consent of all current Board members.

ARTICLE III ASSOCIATION VOTING, MEETINGS AND OFFICERS 3.1 Voting. When voting on Association matters, each Unit Owner shall be entitled to vote their Percentage Interest, as set forth in Exhibit “D” attached to the Declaration. As used in these Bylaws, the phrases “Vote of the owners”, “approval of the Owners”, “Owners vote”, “consent of the Owners” or words of similar import, shall be deemed to require a majority of the Percentage Interest of all Owners in and to the Common Area as allocated in Exhibit “D”.

“Owners vote”, “consent of the Owners” or words of similar import, shall be deemed to require a majority of the Percentage Interest of all Owners in and to the Common Area as allocated in Exhibit “D”.

3.2 Multiple Ownership. In the event there is more than one Owner of a particular Unit, the vote relating to such Unit shall be exercised as such Owners may determine between or among themselves, but in no event shall more than the total number of votes appurtenant to such Unit be cast with respect to any issue. A vote cast at any Association meeting or by written consent by any of such Owners, whether in person or by proxy, shall be conclusively presumed to be the entire vote attributable to the Unit concerned unless an objection is made at the meeting or in writing by another Owner of the same Unit, in which event no vote will be counted with respect to such Unit except to determine the presence or absence o f a quorum.

3.3 Multiple Unit Ownership. In the event an Owner owns more than one Unit, whether contiguous, combined or separate from each other Unit, the Owner’s vote shall be the Percentage Interest set forth in Exhibit “D” times the number of Units owned. In no event shall more than the total number of votes appurtenant to any one Unit be cast with respect to any issue.

3.4 Place of Meeting. Meetings of the Association shall be held at such suitable place convenient to the Owners as may be designated by the Board of Directors in its notice.

3.5 Annual Meetings. Annual meetings of Members of the Association shall be held in the each year on such day and time as is set forth in the notice therefor. At such annual meetings

in its notice.

3.5 Annual Meetings. Annual meetings of Members of the Association shall be held in the each year on such day and time as is set forth in the notice therefor. At such annual meetings there shall be elected members of the Board of Directors, as needed, pursuant to the provisions of this Declaration. Financial and budget reports shall also be presented at such meetings as well as other business of the Association properly placed before each meeting.

3.6 Special Meetings. The Pr esident shall call a special meeting of the Owners as directed by a resolution of the Board of Directors or upon the request of any two Owners. No business shall be transacted at a special meeting except as stated in the notice therefor unless consented to by all of the Owners, either in person or by proxy.

Bylaws – Highland 4141 Owners Association Page 5 3.7 Notice of Meetings. The Secretary shall serve notice of each annual meeting stating the purpose thereof as well as the time and place of the meeting to each Owner of record at least ten (10), but not more than twenty (20), days prior to such meeting. The Secretary shall serve a notice of each special meeting stating the purpose thereof as well as the time and place of the meeting to each Owner of record at least three (3), but not more than twenty (20), days prior to such meeting. The mailing of notice by prepaid U. S. Mail, by electronic notice, or by delivery in person shall be considered notice served.

3.8 Quorum. Fifty percent (50%) of the Percentage Interest of Owners, in person or by proxy, present at any meeting of Members duly called pursuant to notice shall constitute a quorum at all meetings, both annual and special.

3.9 Officers. The Association shall have a President, a Vice President and a

t any meeting of Members duly called pursuant to notice shall constitute a quorum at all meetings, both annual and special.

3.9 Officers. The Association shall have a President, a Vice President and a Secretary/Treasurer each of whom shall be elected by and fro m the Board of Directors.

Only the offices of Secretary and Treasurer may be filled by the same person. The officers shall be elected by the Board of Directors in an organizational meeting of the Board immediately following each annual meeting of Members a t which the new Board of Directors has been elected.

a) President: The President shall be the chief executive officer of the Association and shall preside at all meetings of the Association and of the Board of Directors. He shall have all of the general powers and duties that are usually vested in the office of president of a similar type association.

b) Vice President: The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. The Vi ce President shall also perform such other duties as shall from time to time be imposed on him by the Board.

dent and perform his duties whenever the President shall be absent or unable to act. The Vi ce President shall also perform such other duties as shall from time to time be imposed on him by the Board.

c) Secretary/Treasurer: The Secretary/Treasurer shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the Association. He shall have charge of such books and records as the Board of Directors may direct and he shall, in general, perform all duties incident to the office of secretary of a similar type association. He shall have responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all money and any other valuable effects in the name and to the credit of the Association in such depositories as may from time to time be designated by the Board of Directors.

ARTICLE IV ELECTRONIC NOTICE OF MEETINGS 4.1 Notification by Website and Email. The Association desires to communicate electronically with Members to the fullest extent possible. Any notice sent to Members under the provisions of the Declaration or these Bylaws may be sent by electronic means, including text message, email, or the Association's website. The Association shall maintain Bylaws – Highland 4141 Owners Association Page 6 records of all notices sent to Members by electronic means, including the electronic address or other address to which notice was sent. A member may, by written demand, require the Association to provide notice to the Owner by mail.

4.2 Notices. Any notice permitted or required to be delivered by the Board or from the

otice was sent. A member may, by written demand, require the Association to provide notice to the Owner by mail.

4.2 Notices. Any notice permitted or required to be delivered by the Board or from the Association to the Owners may be delivered either personally, by U.S. mail, or by electronic means.

a) If notice is by mail, it shall be deemed to have been delivered 24 hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to each Owner at the address given by such person to the Board of Directors for the purpose of service of such notice or to the Unit of such person if no address has been given. Such addresses may be changed by Owners from time to time by notice in writing to the Board of Directors.

b) If notice is by electronic means, any notice delivered by the Association to Owners under the provisions of the Declaration or these Byl aws may be sent by electronic means, including but not limited to text message, Facebook, Twitter, email, or the Association's website. The Association shall maintain records of all notices sent to Members by electronic means, including the electronic addr ess to which notice was sent. When a notice is sent electronically, the Association shall first compile a list of Owners' current electronic addresses (such as email or text messaging addresses or other types of well -known electronic forms, such as Facebook) and the Association shall send notification of all Association meetings, proposals, documents, amendments and business to the electronic address of the Owners. The Association secretary shall thereafter send an electronic notice, via email or a comparab le

iation meetings, proposals, documents, amendments and business to the electronic address of the Owners. The Association secretary shall thereafter send an electronic notice, via email or a comparab le electronic means of all Association meetings and business to those Owners who do not object to electronic notification in this manner. A member may, by written demand, require the Association to provide notice to the Unit Owner by mail.

c) If notice is by personal means, notice may be delivered to Owners by hand delivery directly to the Owner or a responsible occupant of an Owner's Unit, or by securely attaching a copy of the notice to the front entry door of the Owner's Unit.

4.3 Waiver. Members who (a) receive electronic notice, and (b) confirm they have received electronic notice from the Association of any Association business or meeting, are deemed to have waived any defense to or claim against the Association that the Association's electronic notice was not adequate or proper, and may not thereafter challenge or assert that the notice they received was not adequate, proper, or in compliance with the Declaration, the Association's Bylaws, or Utah law.

ARTICLE V AMENDMENTS 5.1 Amendment Procedure. These Bylaws may be amended, with or without a meeting of the members, by a vote of a Majority of the Percentage Interest of the Owners.

Bylaws – Highland 4141 Owners Association Page 7 5.2 Conflict. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.

EXHIBIT “ D” Percentage Interest in Common Area SUITE SQ UARE FOOTAGE % INTEREST IN COMMON AREA

d in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.

EXHIBIT “ D” Percentage Interest in Common Area SUITE SQ UARE FOOTAGE % INTEREST IN COMMON AREA 101 1,162 3.60% 102 2,040 6.32% 103 5,491 17.00% 104 2,056 6.36% 201 2,903 8.99% 202 2,844 8.80% 203 2,801 8.67% 204 2,250 6.97% 301 3,203 9.92% 302 2,556 7.90% 303 2,949 9.13% 304 2,048 6.34% TOTAL 32,303 100.00 %* *Numbers rounded to equal 100%.

7/17/23, 6:39 AM Salt Lake County Recorder - DocQuery - Printer Friendly Version https://www.slcounty.org/RecorderOfficeAccess/DocQuery/PrinterFriendly.aspx?CallerPage=AllDocuments 1/5 All Documents Parcel Number • 22-04-201-023-0000 Active Parcel Number Parcel Owners: HIGHLAND 4141, LLC Property Description For Taxation Purposes Only BEG E 73 FT & S 11°12' E 130.53 FT FR N 1/4 COR OF SEC 4, T 2S, R 1E, S L M; S 11°12' E 262.54 FT; E 315.81 FT M OR L TO W R OF W LINE OF JORDAN & SALT LAKE CANAL; N 8°30' W ALG SD W LINE 217.21 FT; N 0°02' E 42.16 FT; N 89°54'20" W 334.72 FT TO BEG. 1.9 AC M OR L. 5991-1933 5991-1935 6741-1249 7142-0346 90454398 9261-2016 10264-929 Total Documents Found • 57 Entry Document Type Book Page Date Consideration FirstParty SecondParty 5006700 TRUST DEED 6279 486 12/28/1990 400,000.00SMITH, RICHARD LZIONS FIRST NATL BK 5006705 TRUST DEED 6279 502 12/28/1990 515,481.48WINYARD ASSOC PTRZIONS FIRST NATL BK 5267736NOTICE OF DEFAULT6466 2260 6/4/1992 ZIONS FIRST NATL BK TR SMITH, RICHARD LTO WHOM IT MAY CONCERN 5267737NOTICE OF DEFAULT6466 2263 6/4/1992 ZIONS FIRST NATL BK TR SMITH, RICHARD LTO WHOM IT MAY CONCERN 5302157MODIFICATION AGREEMENT6493 2081 7/30/1992 RIEL INV CO LTD PTR WINYARD ASSOC LTD PTR

CERN 5267737NOTICE OF DEFAULT6466 2263 6/4/1992 ZIONS FIRST NATL BK TR SMITH, RICHARD LTO WHOM IT MAY CONCERN 5302157MODIFICATION AGREEMENT6493 2081 7/30/1992 RIEL INV CO LTD PTR WINYARD ASSOC LTD PTR SECURITY BENEFIT LIFE INS CO ALLSTATE LIFE INS CO SMITH, SIRKKA L SMITH, RICHARD LALLSTATE LIFE INS CO SMITH, RICHARD L SECURITY BENEFIT LIFE INS CO RIEL INV CO LTD PTR SMITH, SIRKKA L WINYARD ASSOC LTD PTR 5303282ASSIGNMENT (CONTR, MTGE, TRD)6494 2354 7/31/1992 VALLINCOLN BENEFIT LIFE COALLSTATE LIFE INS CO 5303283 AGREEMENT 6494 2356 7/31/1992 RIEL INV CO LTD PTR ALLSTATE LIFE INS CO SECURITY BENEFIT LIFE INS CO SMITH,SMITH, RICHARD L RIEL INV CO LTD PTR ALLSTATE LIFE INS CO 7/17/23, 6:39 AM Salt Lake County Recorder - DocQuery - Printer Friendly Version https://www.slcounty.org/RecorderOfficeAccess/DocQuery/PrinterFriendly.aspx?CallerPage=AllDocuments 2/5SIRKKA L WINYARD ASSOC LTD PTR SMITH, RICHARD LSECURITY BENEFIT LIFE INS CO WINYARD ASSOC LTD PTR SMITH, SIRKKA L 5303284SUBSTITUTION OF TRUSTEE6494 2411 7/31/1992 SMITH, MURIEL M SMITH, HENRY LAVARARGYLE, WESLEY C TR 5303285RECONVEYANCE & FINAL RECON6494 2413 7/31/1992 ARGYLE, WESLEY C TRWINYARD ASSOC PTR 5303286PARTIAL RECONVEYANCE6494 2415 7/31/1992 ZIONS FIRST NATL BK TRSMITH, RICHARD L 5303287RECONVEYANCE & FINAL RECON6494 2418 7/31/1992 ZIONS FIRST NATL BK TRWINYARD ASSOC 5303288 SUBORDINATION 6494 2420 7/31/1992 SMITH ADMINSTRATORS R L SMITH ENTRPR INCALLSTATE LIFE INS CO 5441218SUBSTITUTION OF TRUSTEE6609 1865 2/24/1993 ALLSTATE LIFE INS CO SECURITY BENEFIT LIFE INS COHENRIKSEN, MARILYN M TR 5442039NOTICE OF DEFAULT6610 1312 2/25/1993 WINYARD ASSOC LTD PTR HENRIKSEN, MARILYN M TR RIEL INV CO LTD PTRTO WHOM IT MAY CONCERN 5446014 TRUST DEED 6613 2746 3/2/1993 300,161SMITH, RICHARD LYNNCAPITAL CITY BK

CE OF DEFAULT6610 1312 2/25/1993 WINYARD ASSOC LTD PTR HENRIKSEN, MARILYN M TR RIEL INV CO LTD PTRTO WHOM IT MAY CONCERN 5446014 TRUST DEED 6613 2746 3/2/1993 300,161SMITH, RICHARD LYNNCAPITAL CITY BK 5446028RECONVEYANCE & FINAL RECON6613 2775 3/2/1993 ZIONS FIRST NATL BK TRSMITH, RICHARD L 5446029RECONVEYANCE & FINAL RECON6613 2777 3/2/1993 ZIONS FIRST NATL BK TRSMITH, RICHARD L 5449355CANCELLATION NOTICE OF DEFAULT6616 910 3/8/1993 HENRIKSEN, MARILYN M TRWINYARD ASSOC LTD PTR REIL INV CO LTD PTR 5473232NOTICE OF DEFAULT6635 2606 4/8/1993 HENRIKSEN, MARILYN M TR RIEL INV CO LTD PTR WINYARD ASSOC LTD PTRTO WHOM IT MAY CONCERN 5590684 TRUSTEE'S DEED 6741 1249 8/30/1993 1,450,000.00BRANCH, MARILYN M TR HENRIKSEN, MARILYN M TRSECURITY BENEFIT LIFE INS CO 5751392 TRUST DEED 6883 813 3/1/1994 359,786.55SMITH, RICHARD L SMITH, RICHARD LYNNCAPITAL CITY BK 5753756RECONVEYANCE & FINAL RECON6885 266 3/2/1994 CAPITAL CITY BK TRSMITH, RICHARD L SMITH, RICHARD LYNN 7/17/23, 6:39 AM Salt Lake County Recorder - DocQuery - Printer Friendly Version https://www.slcounty.org/RecorderOfficeAccess/DocQuery/PrinterFriendly.aspx?CallerPage=AllDocuments 3/55882640QUIT CLAIM DEED6987 2888 7/26/1994 10.00VANBEEKUM INV ENTRPRSSMITH, RICHARD LYNN 5882641WARRANTY DEED6987 2890 7/26/1994 10.00SMITH, RICHARD LYNNCOOK, VANCE L 5882642 TRUST DEED 6987 2892 7/26/1994 169,120 COOK, VANCE LGREAT WESTERN THRIFT & LN VEASY, PAUL D TR 5884120PARTIAL RECONVEYANCE6988 2618 7/27/1994 BANK ONE UT TRSMITH, RICHARD LYNN 6070306SPECIAL WARRANTY DEED7142 346 5/1/1995 10.00ALLSTATE LIFE INS CO SECURITY BENEFIT LIFE INS COZIONS FIRST NATL BK 6201498RECONVEYANCE & FINAL RECON7259 2406 10/30/1995 VEASY, PAUL D TRCOOK, VANCE L JT 6989727 NOTICE OF LIEN 8002 1980 6/9/1998 9,455ZIONS FIRST NATL BKMAR KAY ENTRPRS

LIFE INS COZIONS FIRST NATL BK 6201498RECONVEYANCE & FINAL RECON7259 2406 10/30/1995 VEASY, PAUL D TRCOOK, VANCE L JT 6989727 NOTICE OF LIEN 8002 1980 6/9/1998 9,455ZIONS FIRST NATL BKMAR KAY ENTRPRS RICHARDS, J LAMAR 8088467 AGREEMENT 8540 812 12/12/2001 1,000SALT LAKE CO ZIONS FIRST NATL BKZIONS FIRST NATL BK SALT LAKE CO 8088468EASEMENT OR GRANT OF EASEMENT8540 817 12/12/2001 10.00ZIONS FIRST NATL BKSALT LAKE CO 8088469 AGREEMENT 8540 819 12/12/2001 ZIONS FIRST NATL BK SALT LAKE COSALT LAKE CO ZIONS FIRST NATL BK 8337467 ORDINANCE 8640 6091 8/30/2002 HOLLADAY CITY MUNICIPAL COUNCITO WHOM IT MAY CONCERN 8337468 PLAT 2002P 237 8/30/2002 NORTH HOLLADAY ANNEXATIONTO WHOM IT MAY CONCERN 8372146 RIGHT OF WAY 8658 6417 10/1/2002 ZIONS FIRST NATL BKPACIFICORP 9190455WARRANTY DEED9045 4398 10/5/2004 ZIONS FIRST NATL BKCOSTA INV CO LLC HIGHLAND DRIVE ASSOC LC 9190456 TRUST DEED 9045 4400 10/5/2004 1,950,000COSTA INV CO LLC HIGHLAND DRIVE ASSOC LCSUN LIFE ASSURANCE CO CANADA FIRST AMERICAN TITLE INS CO TR 9190457ASSIGNMENT (CONTR, MTGE, TRD)9045 4439 10/5/2004 COSTA INV CO LLC HIGHLAND DRIVE ASSOC LCSUN LIFE ASSURANCE CO CANADA 9190458 AGREEMENT 9045 4457 10/5/2004 HIGHLAND DRIVE ASSOC LC CITY INV INC SUN LIFESUN LIFE ASSURANCE CO CANADA HIGHLAND 7/17/23, 6:39 AM Salt Lake County Recorder - DocQuery - Printer Friendly Version https://www.slcounty.org/RecorderOfficeAccess/DocQuery/PrinterFriendly.aspx?CallerPage=AllDocuments 4/5ASSURANCE CO CANADA COSTA INV CO LLCDRIVE ASSOC LC COSTA INV CO LLC CITY INV INC 9192620 AGREEMENT 9046 4359 10/7/2004 COSTA INV CO LLC HIGHLAND DRIVE ASSOC LCCOSTA INV CO LLC HIGHLAND DRIVE ASSOC LC 9649969TERMINATION (ANY KIND)9261 2013 3/1/2006 COSTA INV CO LLC HIGHLAND DR ASSOC LCHDA OF COSTAS TC 9649970SPECIAL WARRANTY

INV CO LLC HIGHLAND DRIVE ASSOC LCCOSTA INV CO LLC HIGHLAND DRIVE ASSOC LC 9649969TERMINATION (ANY KIND)9261 2013 3/1/2006 COSTA INV CO LLC HIGHLAND DR ASSOC LCHDA OF COSTAS TC 9649970SPECIAL WARRANTY DEED9261 2016 3/1/2006 COSTA INV CO LLCHIGHLAND DR ASSOC LC TC 11855076FINANCE STATEMENT10233 3125 5/27/2014 ALTA MEDICAL MGMTWELLS FARGO EQUIPMENT FIN 11855077FINANCE STATEMENT10233 3128 5/27/2014 ALTA MEDICAL MGMTWELLS FARGO EQUIPMENT FIN 11921948QUIT CLAIM DEED10264 929 9/30/2014 COSTA INV CO HIGHLAND DRIVE ASSOCHIGHLAND DRIVE ASSOC 11921949 TRUST DEED 10264 932 9/30/2014 1,350,000.00HIGHLAND DRIVE ASSOCAMERITAS LIFE INS CORP TITLE WEST 11921950ASSIGNMENT (CONTR, MTGE, TRD)10264 963 9/30/2014 HIGHLAND DRIVE ASSOCAMERITAS LIFE INS CORP 11931062RECONVEYANCE & FINAL RECON10268 2031 10/17/2014 FIRST AMERICAN TITLEHIGHLAND DRIVE ASSOC 12198055WARRANTY DEED10392 3896 12/31/2015 HIGHLAND DRIVE ASSOCNANILOA INV CO 12198056 AGREEMENT 10392 3899 12/31/2015 BREWER, DOUGLAS TY AMERITAS LIFE INS BRASHER, ROBERT JAY ENSIGN, D ERIC BRASHER, JEFFREY FRANK NANILOA INV CO HIGHLAND DRIVE ASSOC NELSON, STUART DAMERITAS LIFE INS ENSIGN, D ERIC HIGHLAND DRIVE ASSOC BREWER, DOUGLAS TY BRASHER, JEFFREY FRANK NELSON, STUART D NANILOA INV CO BRASHER, ROBERT JAY 13941422WARRANTY DEED11333 2998 4/27/2022 NANILOA INVESTMENT COMPANY, LLCHIGHLAND 4141, LLC 13941423 TRUST DEED 11333 3001 4/27/2022 2,610,000.00HIGHLAND 4141, LLCCOTTONWOOD TITLE INSURANCE AGENCY, INC MOUTNAIN WEST REIT, LLC 7/17/23, 6:39 AM Salt Lake County Recorder - DocQuery - Printer Friendly Version https://www.slcounty.org/RecorderOfficeAccess/DocQuery/PrinterFriendly.aspx?CallerPage=AllDocuments 5/513941424ASSIGNMENT (CONTR, MTGE, TRD)11333 3042 4/27/2022 HIGHLAND 4141, LLCMOUNTAIN WEST REIT, LLC

tps://www.slcounty.org/RecorderOfficeAccess/DocQuery/PrinterFriendly.aspx?CallerPage=AllDocuments 5/513941424ASSIGNMENT (CONTR, MTGE, TRD)11333 3042 4/27/2022 HIGHLAND 4141, LLCMOUNTAIN WEST REIT, LLC 13954037 PLAT 11340 428 5/18/2022 SALT LAKE COUNTY COUNCILTO WHOM IT MAY CONCERN 13982169SUBSTITUTION AND DEED OF RECONVEYANCE11354 9472 7/8/2022 AMERITAS LIFE INSURANCE CORPHIGHLAND DRIVE ASSOCIATES, LC 14124013 TRUST DEED 11429 1701 6/30/2023 6,980,000.00HIGHLAND 4141, LLCUTAH FIRST FEDERAL CREDIT UNION 14124014ASSIGNMENT (CONTR, MTGE, TRD)11429 1714 6/30/2023 HIGHLAND 4141, LLCUTAH FIRST FEDERAL CREDIT UNION CSG3/4" CSG3/4"CSG3/4"CSG32'29' 26' 24' 22'3/4" TR 3/4" S 3/4" S3/4" SFAULT LINE4'' (PTR Plastic) MJ10135732'' (PTR Plastic) MJ10135732'' (Steel) WO20770 3/4'' (Steel) WO355263'' (Steel) WO15540 Legend Service System Pressure HP Service IHP Service Proposed ServiceDistribution Main Nominal Diameter, Equip State 1/2" Main (Active) 3/4" Main (Active) 1" Main (Active) 1 1/4" Main (Active) 1 1/2" Main (Active) 2" Main (Active)2 1/2" Main (Active) 3" Main (Active) 3 1/2" Main (Active) 4" Main (Active) 5" Main (Active) 6" Main (Active) 8" Main (Active) 10" Main (Active)12" Main (Active) 14" Main (Active) 16" Main (Active) 20" Main (Active) 24" Main (Active) 3/4" Main (Proposed) 1 1/4" Main (Proposed) 2" Main (Proposed)3" Main (Proposed) 4" Main (Proposed) 6" Main (Proposed) 8" Main (Proposed) 10" Main (Proposed)High Pressure Main Nominal Diameter, Equip State 3/4" HP Main (Active) 1" HP Main (Active) 1 1/4" HP Main (Active) 1 1/2" HP Main (Active) 2" HP Main (Active)2 1/2" HP Main (Active) 3" HP Main (Active) 4" HP Main (Active) 6" HP Main (Active) 8" HP Main (Active) 10" HP Main (Active)

(Active) 1 1/4" HP Main (Active) 1 1/2" HP Main (Active) 2" HP Main (Active)2 1/2" HP Main (Active) 3" HP Main (Active) 4" HP Main (Active) 6" HP Main (Active) 8" HP Main (Active) 10" HP Main (Active) 12" HP Main (Active)14" HP Main (Active) 16" HP Main (Active) 18" HP Main (Active) 20" HP Main (Active) 24" HP Main (Active) 3/4" HP Main (Proposed) 1 1/4" HP Main (Proposed)2" HP Main (Proposed) 3" HP Main (Proposed) 4" HP Main (Proposed) 6" HP Main (Proposed) 8" HP Main (Proposed) 10" HP Main (Proposed)µFor planning purposes only.

All locations approximate.

Call 811 before digging.03919 7/26/2023 Dominion Energy Mapping 801-324-3970  4930 South Westmoor Rd. Legislative: 22-09-182-011 BEG AT NW COR OF LOT 22, COTTONWOOD MEADOWS PLAT A; N 0°30' E 277.26 FT; N 25 FT; S 89°47' E 414.58 FT; S300.68 FT; W 417 FT TO BEG 2.88 ACPublic Hearing Required. PC shall make a recommendation toCity Council to either approve or disapprove the request. Allmotions require findings which support the reccomendation.Holladay Ord. 13.06.050.F2,13.07 Benjamin Wheat CORP OF PB OF CH OF JC OF LDS Professional Office - PO Highland Drive Master plan - Seg A District #3 Published 08/22, Mailed 08/23 Zone Map Amendment 13.07 Zone mapStaff ReportApplicant NarrativeApplicant supporting doc.

Carrie Marsh, City Planner CITY OF HOLLADAY Planning Commission September 19, 2023 Item # 2 Request: ZONE MAP AMENDMENT : P to R -1-10

Zone mapStaff ReportApplicant NarrativeApplicant supporting doc.

Carrie Marsh, City Planner CITY OF HOLLADAY Planning Commission September 19, 2023 Item # 2 Request: ZONE MAP AMENDMENT : P to R -1-10 Address: 4930 S . Westmoor Road (herein referred to as, The Propert y) Applicant: Benjamin Wheat Project: Rezo ne – City of Holladay Zone Map Amendment File No: 23-4-03 Planner: Carrie Marsh GOVERNING ORDINANCES: 13.07.030 AMENDMENT TO THE ZONE MAP General Plan LOW DENSITY RESIDENTIAL - STABLE REQUIRED PLANNING COMMISSION ACTION - Legislative Public Hearing Required. PC shall make a recommendation to City Council to either approve or disapprove the request. All motio ns require findings which support the recommendation. Holladay Ord. 13.06.050.F2,13.07 STANDARDS OF CONSIDERATION, FOR or AGAINST : 13.07.030G: Approval Standards: 1. A decision to amend the text of this title or the zoning map is a matter within the legislative discretion of the city counci l. The city council, after reviewing the planning commission recommendation, may: a. Adopt the amend ment as recommended by the planning commission; b. Make any revisions to the proposed amendment that it considers appropriate; c. Remand the proposed amendment back to the planning commission for further consideration; or d. Reject the proposed amendment.

2. In review ing a text or map amendment, the following factors should be considered: a. Whether the proposed amendment is consistent with goals, objectives and policies of the city's general plan; b. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property; c. The extent to which the proposed amendment may adversely affect abutting properties; and

t is harmonious with the overall character of existing development in the vicinity of the subject property; c. The extent to which the proposed amendment may adversely affect abutting properties; and d. The adequacy of facilities and services intended to serve the subject property, such as, roadways, parks and recreation facilities, police and fire protection, schools, stormwater drainage systems, environmental hazard mitigation measures, water supply, and wastewater and refuse collection.

SUMMARY Located within a residential neighborhood just west of High land Drive, the 2.88 -acre property is currently being used as a church, which requir es the Public zone designation. The applicant is seeking to create a residential subdivision on the property and is requesting to rezone the parcel to the R -1-10 zone, which requires a minimum lot size of 10,000 squ are feet. The R-1-10 zone is consis tent with the surrounding neighborhood zoning.

REZONE APPROVAL STANDARDS : (13.07.030.G.2 ) In reviewing a zone map amendment, the following factors are provided as to be strongly considered: a. Whether the proposed amendment is consistent with goals, objectives and policies of the General Pl an b. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the sub ject property; c. The extent to which the proposed amendment may adversely affect abutting properties; and d. The adequacy of fa cilities and services intended to serve the subject property, such as, roadways, parks and recreation facilities, police and fire protection, schools, storm water drainage systems, environmental hazard mitigation, water supply, and wastewater /refuse collec tion.

GENERAL PLAN APPLICATION/ ANAYLSIS

on facilities, police and fire protection, schools, storm water drainage systems, environmental hazard mitigation, water supply, and wastewater /refuse collec tion.

GENERAL PLAN APPLICATION/ ANAYLSIS Implementing zone regulations to anticipated growth needs/goals is a particularly important land use decision . As a legislative action, this decision is guided by the community standards given in the City of H olladay General Plan (GP) and is supp orted by the Title 13 of the Land Use Ordnances of Holladay. The GP refers to this area as Low Density Residential – Stable according the Land Use Map 2.3 of General Plan (See F igure 1) . The Low Density Residential – Stable district is described as follows (Principle 1, pg 16): Figure 1. Red circle sho wing the general area of the proposed rezone on the Land Use Map 2.3 of the General Plan.

Westmoor Rezone P to R -1-10 – 09/19/2023 This district is intended to support a mix of single‐ family residential development that has been established by historic development patterns. New development should be accommodated through utilizing unclaimed density. Rezones within the suggested zone list may be appropriate where increased density will not destabilize the existing neighborhood.

R-1-10 Z ONE: The R-1-10 zone requires a minimum lot size of 10,000 square feet. Redevelopment of the property would have to comply with this minimum lot size standard.

REZONE PROPOSAL ANALYSIS The following measures are designed to guide the potential future development of the proposed land use .

Zone change requests should be carefully considered in how they : • accommodate expected future growth, • ensure neighborhood compatibility, and

otential future development of the proposed land use .

Zone change requests should be carefully considered in how they : • accommodate expected future growth, • ensure neighborhood compatibility, and • preve nt the destabilization of the existing neighborhoods and loss of the existing established community character, density or intensity.

1. The proposed R -1-10 zone accommodates fu ture g rowth by converting the zoning on a n area of land to enable the creation of new housing units.

2. The proposed zone is compatible with the zoning in the adjacent neighborhood 3. The proposed zone further enables the stabiliz ation of the existing neighborhood and does not contri bute to the lo ss of the established community character , density, or intensity .

TECHNICAL REVIEW C OMMITTEE RECOMMENDATION Staff recommends that t he Planning Commission allow the applicant time to present their petition and to also gather input from the public via required Public Hearing . Merits of the proposal should be discussed within the framework of points mentioned above (General Plan guidance). As legislative matters are often complex, this item may be continued to a later date for further discussion and final recommendation . However, if a recommendation to the City Council can be derived from tonight’s discussion, a set of findings is required to accompany the motion, as per ordinance 13.07.030.G.2.

Staff is in favor of the rezone application , as the zone must be c hanged f rom a pu blic zone to enable the redevelopment of the property upon its sale by the property owner who wishes to discontinue the existing use.

Staff urges the Commission again to moderate the discussion around the following points and to forward a recommendation to the City Council for final consideration.

s to discontinue the existing use.

Staff urges the Commission again to moderate the discussion around the following points and to forward a recommendation to the City Council for final consideration.

a. Whether the proposed amendment is consistent with goals, objectives and policies of the General Plan b. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity c. The extent to which the proposed amendment may adversely affect abutting properties; and d. The adequacy of facilities and services intended to serve the subject property, such as, roadways, parks and recreation fa cilities, police and fire protection, schools, storm water drainage systems, environmental hazard mitigation measures, water supply , and wastewater and refuse collection .

SUGGESTED MOTIONS “Motion to forward a recommendation to the City Council to (approve, deny ) an application by Benjamin Wheat to amend the Holladay Zoning Map for 2.88 acres of land located at 4930 S Westmoor Rd from P to R-1-10, based upon the following findings ” “Motion to continue the application by Chris Ensign to amend the Holladay Zoning Map for .96 acres of land located at 6121 South Highland Drive from C-2 to HCR , to the next regularly scheduled meetin g” FINDINGS 1. The p roposed amendment is consisten t with the goals , objectives, and policies of the General Plan 2. The p roposed amendment is harmonious with the ove rall character of existing development in the vici nity 3. The proposed amendment is not foreseen to adversely affect abutting proper ties 4. Adequate facilitates and services exist and will be a part of any future subdivision proposed a fter the amendment NOTICE OF A PUBLIC HEARING PROPOSED REZONE Date: September 5th, 2023

per ties 4. Adequate facilitates and services exist and will be a part of any future subdivision proposed a fter the amendment NOTICE OF A PUBLIC HEARING PROPOSED REZONE Date: September 5th, 2023 Time: As close to 6:00 pm as possible Location: City Hall – City Council Chambers Hearing Body: Planning Commission Notice is hereby given that the City of Holladay will Hold a public hearing before the Planning Commission to consider a zone change application (File #23 -4-03 ) submitted by Benjamin Wheat. The Application proposes to rezone approximately 2.88 acres of property located at 4930 S. Westmoor Road from the P (Pu blic) Zone to the R -1-10 (Residential Single -family) Zone.

The Planning Commission, during this meeting, will provide a recommendation to the City Council. The City Council will make a final decision at a separately noticed meeting.

*An entirely separate subdivision application will be required prior to development if the proposed zone change is approved.

Please submit comments via email by 5:00 pm 09/05/2023 to Carrie Marsh , [email protected] Emailed comments received by the designated times will be forwarded to the Commission prior to the meeting.

Additional information regarding this item & instructions how to join this meeting remotely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encouraged to watch the video stream of the meeting on the City of Holladay Website.

ATTENTION: This notice was mailed on August 25th by order of the Community and Economic Development Director, Jonathan Teerlink, to all residents within 500 feet from the subject property. If you are not the owner of your residence, please notify the owner regarding this matter. Thank you.

elopment Director, Jonathan Teerlink, to all residents within 500 feet from the subject property. If you are not the owner of your residence, please notify the owner regarding this matter. Thank you.

NOTICE OF A PUBLIC HEARING PROPOSED REZONE Date: September 5th, 2023 Time: As close to 6:00 pm as possible Location: City Hall – City Council Chambers Hearing Body: Planning Commission Notice is hereby given that the City of Holladay will Hold a public hearing before the Planning Commission to consider a zone change application (File #23 -4-03 ) submitted by Benjamin Wheat. The Application proposes to rezone approximately 2.88 acres of property located at 4930 S. Westmoor Road from the P (P ublic) Zone to the R -1-10 (Residential Single -family) Zone.

The Planning Commission, during this meeting, will provide a recommendation to the City Council. The City Council will make a final decision at a separately noticed meeting.

*An entirely separate subdivision application will be required prior to development if the proposed zone change is approved.

Please submit comments via email by 5:00 pm 09/05/2023 to Carrie Marsh , [email protected] Emailed comments received by the designated times will be forwarded to the Commission prior to the meeting.

Additional information regarding this item & instructions how to join this meeting remotely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encouraged to watch the video stream of the meeting on the City of Holladay Website.

ATTENTION: This notice was mailed on August 25th by order of the Community and Economic Development Director, Jonathan Teerlink, to all residents within 500 feet from the subject property. If you are not the owner of your residence,

on August 25th by order of the Community and Economic Development Director, Jonathan Teerlink, to all residents within 500 feet from the subject property. If you are not the owner of your residence, please notify the owner regarding this matter. Thank you.

 4980 - 4990 S Holladay Blvd Legislative: 22-10-255-032 .55 acres 22-10-255-042 .70 acresPublic Hearing Required. PC shall make a recommendation toCity Council to either approve or disapprove the request. Allmotions require findings which support the reccomendation.Holladay Ord. 13.06.050.F2,13.07 Stephanie and David Bywater BLUE HARBOR HOLDINGS, LLC Residential, One-Acre (R-1-43) Low Density Residential-Stable (LDR-S) District #3 Published 08/22, Mailed 08/23 Zone Map Amendment 13.07.030 Zone mapStaff ReportApplicant NarrativeApplicant supporting doc.

Carrie Marsh, City Planner CITY OF HOLLADAY Planning Commission September 19, 2023 Item #3 Request: ZONE MAP AMENDMENT : R-1- 43 to R -1-10 Address: 4980 and 4990 S Holladay Blvd (herein referred to as, The Propert ies) Applicant: Stephanie and David Bywater Project: Rezone – City of Holladay Z one Map Amendment File No: 23-4- 06 Planner: Carrie Marsh GOVERNING ORDINANCES: 13.07.030 AMENDMENT TO THE ZONE MAP General Plan L OW DENSITY RESIDENTIAL – STABLE AND PROTECTED REQUIRED PLANNING COMMISSION ACTION - Legislative

06 Planner: Carrie Marsh GOVERNING ORDINANCES: 13.07.030 AMENDMENT TO THE ZONE MAP General Plan L OW DENSITY RESIDENTIAL – STABLE AND PROTECTED REQUIRED PLANNING COMMISSION ACTION - Legislative Public Hearing Required. PC shall make a recommendation to City Council to either approve or disapprove the request. All motions require findings which support the recommendation. Holladay Ord. 13.06.050.F2,13.07 STANDARDS OF CONSIDERATION, FOR or AGAINST: 13.07.030G: Approval Standards: 1. A decision to amend the text of this title or the zoning map is a matter within the legislative discretion of the city council. The city council, after reviewing the planning commission recommendation, may: a. Adopt the amendment as recomm ended by the planning commission; b. Make any revisions to the proposed amendment that it considers appropriate; c. Remand the proposed amendment back to the planning commission for further consideration; or d. Reject the proposed amendment.

2. In reviewing a text or map amendment, the following factors should be considered: a. Whether the proposed amendment is consistent with goals, objectives and policies of the city's general plan; b. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property; c. The extent to which the proposed amendment may adversely affect abutting properties; and d. The adequacy of facilities and services intended to serve the subject property, such as, roadways, parks and recreatio n facilities, police and fire protection, schools, stormwater drainage systems, environmental hazard mitigation measures, water supply, and wastewater and refuse collection.

SUMMARY

arks and recreatio n facilities, police and fire protection, schools, stormwater drainage systems, environmental hazard mitigation measures, water supply, and wastewater and refuse collection.

SUMMARY Located just south of the Holladay Village zone and directly south of where Cottonwood Lane meets Holladay Blvd. , the zoning on the west side of Holladay Blvd. changes from R-1-10 to R -1-43. The applicant s, Stephanie and David Bywater own two adjacent parcels at 4980 and 4990 Hol laday Blvd . 4980 is .70 acres (30,492 sq. ft) and 4990 is .5 5 acres (23,958 sq. ft) . The appli cants are seeking to rezone the two properties from the R-1- 43 zoning , which has a lot size mini mum of 1 acre, or 43 ,560 sq. ft , to the R -1-10 zone, which has a minimum lot size of 10,000 sq. ft. Currently, both properties are non-conforming to the ir existing zone.

The most relevant rezone occurred on the adjacent property north of the two parcels, whi ch was rezoned in 2003 from R -1-43 to R -110, creating the 6-unit PUD, Holladay Pines. The 4980 parcel in this application uses the Holladay Pines private road to access the home on their parcel , though the Property it is not included in the Holla day Pines Subdivision.

The applicant own s property that abuts the two sub ject parcels on the west on Cottonwood Lane and seeks to add some land area from each parcel should the rezone be approved . This would increase the size of the Cottonwood Lane property up to roughly 1.5 acres , which is not large enough to be subdivide d in the R -1-43 zone . The two Properties on Holladay Blvd. would be reduced to around .40 acres (17,425 sq. ft) each . The proposed lot l ine adjustment that would occur should the rezone be approved, would move the west property line

s on Holladay Blvd. would be reduced to around .40 acres (17,425 sq. ft) each . The proposed lot l ine adjustment that would occur should the rezone be approved, would move the west property line in line with the property to the south of 4990, making the t wo subject parcels a similar size to the pa rcel immediately adjacent on the south, just under half an acre. See Figure 1.

Figure 1. Bright gr een area shows where the property owner would like to adjust the lot line to give more land to the parcel labeled 01.

4980 and 4990 Holladay Blvd Rezone – 9/14/2023 REZONE APPROVAL STANDARDS : (13.07.030.G.2) In reviewing a zone map amendment, the following factors are provided as to be strongly considered: a. Whether the proposed amendment is consistent with goals, objectives and policies of the General Plan b. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property; c. The extent to which the proposed amendment may adversely affect abutting properties; and d. The adequacy of facilities and services intended to serve the subject property, such as, roadways, parks and recreation facilities, police and fire protection, schools, storm water drainage systems, environmental hazard mitigation, water supply, and wastewater /refuse collection .

GENERAL PLAN APPLI CATION/ ANAYLSIS Implementing zone regulations to anticipated growth needs/goals is a particularly important land use decision . As a legislative action, this decision is guided by the community standards given in the City of Holladay General Plan (GP) and is supp orted by the Title 13 of the Land Use Ordnances of Holladay.

. As a legislative action, this decision is guided by the community standards given in the City of Holladay General Plan (GP) and is supp orted by the Title 13 of the Land Use Ordnances of Holladay.

The General Plan states that “Zone change requests should be carefully considered to accommodate expected future growth, to ensure neighborhood compatibility, and to prevent the destabilization of the existing neighborhoods and loss of the exis ting established community character, density or intensity.”

The GP refers to this area as Residential Low -density –Stable and Residential Low -density –Protected area. T he two Properties appear to be within the bound ary of the Resi dential Low -density Stable area, next to the Residential Low -density –Protected area, but there is not a clear and specific boundary line. See Figure 2 .

Considering the size of the two subject properties , 4980’ s driveway being within the neighboring PUD that is zoned as R-110, and the adjacent property on the south side being .40 acres, staff believes that the parcels in question could reasonable be considered to fal l within the Residential Single -family – Stable area.

According the Land Use Map 2.3 of General Plan the LDR -S and LDR -P are described as follows (Principle 1, pg1 6) This district is intended to support a mix of single‐ family residential development that has been established by historic development patterns. New development should be accommodated through utilizing unclaimed density. Rezones within the suggested zone list may be appropriate where increased density will not destabilize the existing neighborhood.

Rezones within the suggested zone list may be appropriate where increased density will not destabilize the existing neighborhood.

This district is intended to preserve existing half‐acre lot development patterns, the mature tree canopy, and the ambience c reated by single‐ family development. New developmen t should be appropriately accommodated through utilizing unclaimed density by subdivision and not by rezones.

REZONE PROPOSAL ANALYSIS The following measures are designed to guide the potential future development of land uses : • Accommodate expected future growth, • Ensure neighborhood compatibility, • Prevent the destabilization of the existing neighborhoods and loss of the exis ting established community character, density or intensity .

1. While the proposal does not directly accommodate expected future grow th, moving parcels into a zone with a smaller lot size minimum could pot entially accommodate future grow th should individual parcels be combined and then subdivi ded in the future .

2. The proposed rezone ensures neighborhood compatibility by placing non- confo rming properties within the same zone as neighboring parcels , especially as one of the subject properties is accessed through the Holladay Pines PU D, within the R-110 zone. Figure 2. Location of Propert ies on the Fu ture Land Use Map within the Gener al Plan showing Low Densit y Residential – Stable areas in yellow and Protected areas in green.

4980 and 4990 Holladay Blvd Rezone – 9/14/2023 3. As the two parcel s are adjacent to a n existing R -1-10 zone and access to one of the Proper ties is through the PUD zoned at R -

areas in green.

4980 and 4990 Holladay Blvd Rezone – 9/14/2023 3. As the two parcel s are adjacent to a n existing R -1-10 zone and access to one of the Proper ties is through the PUD zoned at R 1-10, rezoning the Propert ies does not destabilize or substantially affect the overall character of the n eighborhood. Single family zoning is r etained on each Property , allowing a one primary dwelling unit on the property.

With the ap plicant’ s intention to adjust the lot line on both Proper ties, the size of each parcel would be reduc ed to where either Property could not be su bdivi ded, which maintains the current state of both Properties. Existing ordinances for landscaping , tree canopy s ustainability , and setbacks are regula tory tools designed to preserve community character should the Properties be redeveloped in the futur e.

TECHNICAL REVIEW C OMMITTEE RECOMMENDATION Staff recommends that t he Planning Commission allow the applicant time to present their petition and to also gather input from the public via the required Public Hearing . Me rits of the proposal should be discussed within the framework of points mentioned above (General Plan guidance). As legislative matters are often complex, this item may be continued to a later date for further discussion and final recommendation . However, if a recommendation to the City Council can be derived from tonight’s discussion, a set of findings is required to accompany the motion, as per ordinance 13.07.030.G.2.

Staff is in favor of the rezone application , as the requested zone is compatible w ith the immediately adjacent neighborhood and seeks to preserve the character of both the Low Density Residential – Stable and Prot ected areas with the applicant ’s desire to shift land to

tible w ith the immediately adjacent neighborhood and seeks to preserve the character of both the Low Density Residential – Stable and Prot ected areas with the applicant ’s desire to shift land to the adjacent property on Cottonwood Lane.

Facilities and services including roadways, park s, police and fire protection, utilities , and other infrastructure intended to serve the subject Properties are cons idered adequ ate.

Staff urges the Commission again to moderate the discussion around the following points and to forward a recommendation to the City Council for final consideration.

a. Whether the proposed amendment is consistent with goals, objectives and policies of the General Plan b. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity c. The extent to which the proposed amendment may adversely affect abutting properties; and d. The adequacy of facilities and services intended to serve the subject property, such as, roadways, parks and recreation facilities, police and fire protection, schools, storm water drainage systems, environmental hazard mitigation measures, water supply, and wastewater and refuse collection.

SUGGESTED MOTIONS “Motion to forward a recommendation to the City Council to (approve , deny, or continue) an application by S tephanie and David Bywater to amend the Holladay Zoning Map for .55 and .70 acres of land located at 4980 and 4990 S Holladay Blv d from R-1-43 to R-1-10 based upon the following findings ”: 1. The proposed zone amendment is consistent with the goals, objectives, and policies of the General Plan 2. The proposed zone amendment is harmonious with the overall character of existing development in the vicinity

one amendment is consistent with the goals, objectives, and policies of the General Plan 2. The proposed zone amendment is harmonious with the overall character of existing development in the vicinity 3. The propo sed zone amendment does not substantially affect abutting properties 4. The proposed facilities and services are adequate for the zone am endment NOTICE OF A PUBLIC HEARING PROPOSED REZONE R -1-43 to R -1-10 Date: SEPTEMBER 19, 2023 Time: As close to 6:00 pm as possible Location: City Hall – City Council Chambers Hearing Body: Planning Commission Notice is hereby given that the City of Holladay will Hold a public hearing before the Planning Commission to consider a zone change application (File # 23 -4-06) submitted by applicants Stephanie and David Bywater. The Application proposes to rezone 2 non -conforming parcels located at 4980 and 4990 S Holladay Blvd from the R-1- 43 Zone to the R -1-10 Zone. Parcel 1 is .55 acres and Parcel 2 is .70 acres. During this meeting, the Planning Commission will provide a recommendation to the City Council. The City Council will make a final decision at a separately not iced meeting. *Entirely separate application(s) will be required prior to any development if the proposed zone change is approved.

Please submit comments via email by 5:00 pm 09/18/2023 to Carrie Marsh , [email protected] . Emailed com ments received by the designated time will be forwarded to the Commission prior to the meeting.

Additional information regarding this item & instructions how to join this meeting remotely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encouraged to watch the video stream of the meeting on the City of Holladay website .

motely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encouraged to watch the video stream of the meeting on the City of Holladay website .

ATTENTION: This notice was mailed on 09/08/23 by order of the Community and Economic Development Director, Jonathan Teerlink , to all residents within 500 feet from the subject property. If you are not the owner of your residence, please notify the owner regarding this matter. Thank you.

NOTICE OF A PUBLIC HEARING PROPOSED REZONE R -1-43 to R -1-10 Date: SEPTEMBER 19, 2023 Time: As close to 6:00 pm as possible Location: City Hall – City Council Chambers Hearing Body: Planning Commission Notice is hereby given that the City of Holladay will Hold a public hearing before the Planning Commission to consider a zone change application (File # 23 -4-06) submitted by applicants Stephanie and David Bywater. The Application proposes to rezone 2 non -conforming parcels located at 4980 and 4990 S Holladay Blvd from the R -1-43 Zone to the R -1-10 Zone. Parcel 1 is .55 acres and Parcel 2 is .70 acres. During this meeting, the Planning Commission will provide a recommendation to the City Council. The City Council will make a final decision at a separately noticed meeting. *Entirely separate application(s) will be required prior to any development if the proposed zone change is approved.

Please submit comments via email by 5:00 pm 09/18/2023 to Carrie Marsh , [email protected] . Emailed comments received by the designated time will be forwarded to the Commission prior to the meeting.

Additional information regarding this item & instructions how to join this

tyofholladay.com . Emailed comments received by the designated time will be forwarded to the Commission prior to the meeting.

Additional information regarding this item & instructions how to join this meeting remotely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encouraged to watch the video stream of the meeting on the City of Holladay website .

ATTENTION: This notice was mailed on 09/08/23 by order of the Community and Economic Development Director, Jonathan Teerlink, to all residents within 500 feet from the subject property. If you are not the owner of your residence, please notify the owner regarding this matter. Thank you.

Bywater & Blue Harbor Lot Line & Zoning Amendment 4981 S COTTONWOOD LN & 4980 & 4990 S HOLLADAY BLVD   Stephanie and David Bywater Stephanie and David Bywater 4981 Cottonwood Lane Holladay Utah 84117 801-349-7388 [email protected] Brian Hebdon, Hebdon Studios (Architect) 801-503-2460 [email protected] Lot line adjustment of 3 parcels owned by Stephanie and David Bywater. To move two non-conforming lots from zone R-1-43 to R-1-10 $1,112 amount previously paid at City of Holladay offices R-2-10 R-1-10 R-1-43 CURRENT PROPOSED LEGEND 01 02 03 01 02 03 DESCRIPTION: The owners of the identified parcels 01, 02, and 03 are requesting parcels 02 and 03 be added to the R-1-10 Zone directly east of the properties. Parcels 02 and 03 are currently nonconforming to their zone R-1-43 since they are less than one (1) acre. However, these properties do conform to the zoning requirements of R-1-10. Parcel 01 is to remain as part of R-1-43 zone.

01 02 03 R-1-21 From: stephanie Bywater To: Carrie Marsh Subject: bywater meeting Date: Thursday, September 14, 2023 10:28:56 PM

requirements of R-1-10. Parcel 01 is to remain as part of R-1-43 zone.

01 02 03 R-1-21 From: stephanie Bywater To: Carrie Marsh Subject: bywater meeting Date: Thursday, September 14, 2023 10:28:56 PM [External Email - Use Caution] carriethere were two attendeesClaudia HellstromCharles Roberts minutes from the meeting: after a few minutes of pleasantries we showed them the plot drawings from Ensign engineering and the proposed adjustments from Hebdon Architects. They were both fine with the changeswe hope to get approval for. After some cookies and more discussion of the neighborhood and such they left.

thank you Sent from my iPhone 1Carrie Marsh Sent: Thursday, September 14, 2023 1:41 PM To: Carrie Marsh Subject: Mailing list for Bywater meeting [External Email - Use Caution] Here is the mailing list: Cottonwood Lane 5049 Cottonwood lane (Carillo) 5019 Cottonwood lane (Potter) 4981 cottonwood lane (us) 4971 Cottonwood lane (buxton) 4969 Cottonwood lane (Persch) 4949 Cottonwood Lane (Kershaw) 4939 Cottonwood lane (Neighbor) Holladay Blvd: West side (all the houses in Holladay pines court) 4940 S. Holladay pines Court (Roberts) 4946 S. Holladay Pines Court (Hanks) 4956 S. Holladay Pines Court (neighbor) 4949 S. Holladay Pines Court (neighbor) 4965 S. Holladay Pines Court (neighbor) 4968 S, Holladay Pines Court (Rice) 4980 S. Holladay Blvd (our rental) 4990 S. Holladay blvd (our rental) 5012 S. Holladay Blvd. (Voortmeyers) 5050 S. HOlladay Blvd (Wayman) 5082 S. Holladay Blvd. (Hellstrom) 5068 S. Holladay Blvd (Swenson) Holladay Blvd East Side

tal) 4990 S. Holladay blvd (our rental) 5012 S. Holladay Blvd. (Voortmeyers) 5050 S. HOlladay Blvd (Wayman) 5082 S. Holladay Blvd. (Hellstrom) 5068 S. Holladay Blvd (Swenson) Holladay Blvd East Side 5057 S. Holladay Blvd (neighbor) 5055 S. Holladay blvd (neighbor) 5009 S. Holladay Blvd (Goyzueta) 4995 S. Holladay Blvd (moreno) 4989 S. Holladay Blvd (neighbor) 4985 S. Holladay Blvd (neighbor) 4969 S. Holladay blvd. (Waters) 4967 S. Holladay Blvd (neighbor) 4963 S. Holladay blvd. (neighbor) Flamingo 2544 Flamingo (neighbor) 2558 Flamingo (neighbor) 2574 Flamingo (neighbor) 2 Stanford Lane 4956 Stanford Lane (neighbor) 4962 Stanford (harris) 4968 Stanford Lane (neighbor) 2592 Stanford lane (Knight) 2606 Stanford Lane (Wunderli) 2616 Stanford Lane (Probst) 2630 Stanford Lane (neighbor) Valene street 4974 Valene Street (neighbor) 4984 Valene street (Lingmann) 4994 Valene Street (neighbor) 5022 Valene Street (neighbor) 5044 Valene Street (Birdsley) 5066 S. Valene (Ison) Casto Circle 5046 Casto Circle (Dickson) 5040 casto Circle (Buchanan) 5028 Casto Circle (Brown) 5016 Casto Circle (Ellsworth) 5015 Casto Circle (Hawkes) 5022 Casto Circle (neighbor) 5009 Casto Circle (Bain) 5010 Casto Circle (Bennion) 5033 Casto Circle (Burt) 5034 Casto Circle (Bradley) 5039 Casto Circle (neighbor) 5045 Casto Circle (Knowlton) Casto Lane 2607 Casto lane (Evans) 2633 Casto Lane (Hansen) 

 4437 S Butternut, 2475 - 2485 4500S Legislative: 22-03-253-049 - .18 Acres 4437 Butternut 22-03-253-032 - .15 Acres 2475 4500 s22-03-253-030 - .26 Acres 2745 s 4500 s22-03-253-031 - .20 Acres 2485 s 4500 sPublic Hearing Required. PC shall make a recommendation toCity Council to either approve or disapprove the request. Allmotions require findings which support the reccomendation.Holladay Ord. 13.06.050.F2,13.07 Melanie and Richard Kemp Kemp, Watchalotone and Holman Residential, R-1-8 and R-1-10 Medium Density Residential-Two Units (MDR-T) District #2 Published 08/22, Mailed 08/23 Zone Map Amendment R-1-8: Residential one home per 8,000 sq ft R-1-10: Residential one home per 10,000 sq ft R-2-8 : Residential, duplex per 8,000 sq ft OR one home per 5,000 sq-ft (10,000 sq ft for two detached homes)13.07.030 Zone mapStaff ReportApplicant NarrativeApplicant supporting doc.

Carrie Marsh, City Planner CITY OF HOLLADAY Planning Commission September 19, 2023 Item # 4 Request: ZONE MAP AMENDMENT : R-1-8 / R-1-10 to R-2-8 Address: 1) 4437 S Butternut , 2) 2475 E 4500 S, and 3) 2485 E 4500 S (herein referred to as, The Proper ties) Applicant s: Danie l Kemp, Choompone Watchalotone, and Kevin Holman Project: Rezone – City of Holladay Zone Map Amendment File No: 23-4-07 Notice: Mailed notice – 9/8/23, Posted Public notice - 9/8/23 N’hood Mtg: Held Aug. 24, 2023 Planner: Carrie Marsh GOVERNING ORDINANCES: 13.07.030 AMENDMENT TO THE ZONE MAP General Plan Future Land Use Map 2.3; Medium Density Residential – Transitional /Two Units

: Held Aug. 24, 2023 Planner: Carrie Marsh GOVERNING ORDINANCES: 13.07.030 AMENDMENT TO THE ZONE MAP General Plan Future Land Use Map 2.3; Medium Density Residential – Transitional /Two Units Chapter 5: Moderate Income Housing REQUIRED PLANNING COMMISSION ACTION - Legislative Public Hearin g Required. PC shall make a recommendation to City Council to either approve or disapprove the request. All motions require findings which support the recommendation. Holladay Ord. 13.06.050.F2,13.07 EXECUTIVE SUMMARY This rezone request is from three individual property owners with access to /their properties fronting the historical alignment of 4500 S, where there is now a city park and a narrow 2 0’ wide road that runs between Butternut Rd. and Wander Ln, which is used by the community as a walking and biking path between the neighborhoods, as well as a vehicular cut through to avoid 4500 S.

These properties were historically zoned as R -1-8 prior to being incorporated into Holladay (See Figure 1) . Property 1 is currently zoned as R -1-8 and Properties 2 and 3 as R- 1-10.

The change to R -2-8 zoning is supported by the goals of the Holladay General Plan both for future land use and with moderate income housing goals.

The application to rezone these three properties is unique in that the reques t is by individual land owners seeking to either utilize existing structures /accessory dwelling units to create a legal dwelling unit on their individual property , or to be able to add an additional legal dwelling unit(s) in the future. R-2-8 zoning standa rds provide the ability of each property owner to either utilize their existing unit or to create a well-designed and more desirable dwelling unit in the future that will add to the character of the neighborhood.

ability of each property owner to either utilize their existing unit or to create a well-designed and more desirable dwelling unit in the future that will add to the character of the neighborhood.

Individual parcel sizes control the number of units allowed on a lot. Rezoning would enable a net gain of approximately 5 additional dwelling units across the three individual parcels. R -2-8 zoning was considered the most appropriate given the size of the 4437 Butternut parcel and to provide a con sistent zone across the three properties. Applying the R -2-10 zone to the two eastern properties would reduce the potential net gain of dwelling units to 4 dwelling units across the three properties. There are no current redevelopment plans from any proper ty owners.

REZONE APPROVAL STANDARDS : (13.07.030.G.2) In reviewing a zone map amendment, the following factors are provided as to be strongly considered: a. Whether the proposed amendment is consistent with goals, objectives and policies of the General P lan b. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property; c. The extent to which the proposed amendment may adversely affect abutting properties; and d. The adequacy of f acilities and services intended to serve the subject property, such as, roadways, parks and recreation facilities, police and fire protection, schools, storm water drainage systems, environmental hazard mitigation, water supply, and wastewater/ refuse colle ction .

Figure 1 . Historical alignment of 4500 S. with the subject properties highlighted.

R-1-8/R-1-10 to R -2-8 Rezone – 9/19/2023 GENERAL PLAN APPLICATION/ ANAYLSIS Implementing zone regulations to anticipate growth needs/goals is a

of 4500 S. with the subject properties highlighted.

R-1-8/R-1-10 to R -2-8 Rezone – 9/19/2023 GENERAL PLAN APPLICATION/ ANAYLSIS Implementing zone regulations to anticipate growth needs/goals is a particularly important land use decision. As a legislative action, this decision is guided by the community standards given in the Cit y of Holladay General Plan (GP) and is supported by the Title 13 of the Land Use Ordnances of Holladay.

1. Future Land Use The GP refers to this area as Medium Density Residential – Transitional/Two -family (MDR -T) (See Figure 2) .

According to the General Plan the MDR -T district is described as follows (Principle 1, pg. 16) higher densities than the LDR‐S districts. New development should be accommodated through utilizing unclaimed density where possible. Proposed rezones within the suggested zone list may be appropriate where increased density will not destabilize the existing neighborhood.

2. Moderate Income Housing Rezoning meets the goals stated within Chapter 5 of the General Plan: Moderate Income Housing found on page 48, specifically: 1. Provide the opportunity for housing adapted to different ages, lifestyles, and incomes; 2. Accommodate additional new dwellings by focusing on appropriate zoning regulations within existing and redeveloping neighborhoods and mixed‐use districts, throughout the City; 3. Provide a diversity of housing through a range of types and development patterns to expand housing products with a focus of supporting moderate‐income housing opportunities for existing and future residents.

a diversity of housing through a range of types and development patterns to expand housing products with a focus of supporting moderate‐income housing opportunities for existing and future residents.

Rezoning in this location meets multiple Moderate- Income Housing Strategies within the Gener al Plan.

1. Rezone on tr ansit corridors. “ zone or rezone for higher density or moderate -income residential development in commercial or mixed‐use zones near major transit investment corridors, commercial enters, or employment centers;” 2. “demonstrate utilization of a moderate -income housing set aside from a community reinvestment agency, r edevelopment 403(2)(b)(iii )(P)” REZONE PROPOSAL ANALYSIS The General Plan provides essential guidance and direction when reviewing proposals for rezones. Rezoning enables ways to meet critical future housing and community needs , including enabling the creation of moderate -income housing.

The parcels proposed for rezoning fall within the area designated for two -family housing. As is, the existing parcels cannot utilize the land area for anything more than one single- family home as each parcel is not large enough to subdivide. Rezoning to a two -family zone allows the land owner (s) to create either attached unit or a detached single -family unit on the existing propert ies, thus allowing the property owner (s) to utilize unclaimed density associated with the size of their parcel.

The following measures are designed to guide the potential future development of the land uses : Figure 2. Property location on the City of Holladay’s Future Land Use Map 2.3.

e size of their parcel.

The following measures are designed to guide the potential future development of the land uses : Figure 2. Property location on the City of Holladay’s Future Land Use Map 2.3.

R-1-8/R-1-10 to R -2-8 Rezone – 9/19/2023 • Whether the proposed amendment is consistent with goals, objectives and policies of the General Plan o The proposed amendment is consistent with goals, objectives, and policies within the General Plan as outlined in the previous section.

• Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property; o The proposal is harmonious with the overal l character of existing development in the vicinity of the subject property, seen directly across the street and to the west of the Properties. The proposal contributes to the character of a walkable area surrounding the Holladay Village, City Hall, and Ci ty Hall Park.

• The extent to which the proposed amendment may adversely affect abutting properties; and o The proposal does not affect abutting properties or the surrounding neighborhood. Interior street infrastructure beyond 4500 S and the 4470 S access road is not affected by increased vehicular trips from adding additional dwelling units as these parcels front onto a street that effectively fronts 4500 S.

• The adequacy of facilities and services intended to serve the subject property, such as, roadways, parks and recreation facilities, police and fire protection, schools, storm water drainage systems, environmental hazard mitigation, water supply, and wastewater/refuse collection.

o Existing facilities and services are adequate to meet the needs of any increased dwelling units. The existing roadway

environmental hazard mitigation, water supply, and wastewater/refuse collection.

o Existing facilities and services are adequate to meet the needs of any increased dwelling units. The existing roadway (4470 S) is wide enough for fire access, so long as vehicles are not parking in no parking areas on the south side by the park. Curb and gutter and other infrastructure improvements would be required upon any futur e redevelopment.

The existing bridge over the canal may not meet standards for vehicular use due to its age. Closure of the road to through traffic while maintaining fire, pedestrian, and bicycle access should be explored to reduce existing issues with par king and vehicular cut -through traffic.

TECHNICAL REVIEW C OMMITTEE RECOMMENDATION Staff recommends that t he Planning Commission allow the applicant time to present their petition and to also gather input from the public via required Public Hearing . Meri ts of the proposal should be discussed within the framework of points mentioned above (General Plan guidance). As legislative matters are often complex, this item may be continued to a later date for further discussion and final recommendation . However, if a recommendation to the City Council can be derived from tonight’s discussion, a set of findings is required to accompany the motion, as per ordinance 13.07.030.G.2.

Staff is in favor of the rezone application , as requested zone is supported by both the General Plan and Moderate- Income Housing Plan established by the City via public participation to meet overall long-range redevelopment and state required housing goals within the City .

One concern is the location of the Properties on 4 470 S. which is a narrow, 2 0’ wide substandard street . The roadway is the former

redevelopment and state required housing goals within the City .

One concern is the location of the Properties on 4 470 S. which is a narrow, 2 0’ wide substandard street . The roadway is the former 4500 S. The minimum 20’ wide access required for fire access to the properties was retained and the pocket park was created. 4470 S.

does not allow parking on the south side and the property lines of the three parcels extend to the edge of the asphalt . Parking on the north side of the street are privately created parking areas by the private property owners and are not a public parking area .

The narrow road is currently used by neighborhood residents not only for pedestrian and bicycle use, but as a vehicular cut through to Wander Lane instead of using 4500 S. It is recommended to explore options to eliminate through vehicular traffic while maintaining public pedestrian and bicycle use. The e xisting bridge over the canal may not continue to be adequate for future vehicular use, so options to close the road for through vehicular use while still maintaining fire access should be explored either in association with future development or separately.

Staff urges the Commission again to moderate the discussion around the following points and to forward a recommendation to the City Council for final consideration.

a. Whether the proposed amendment is consistent with goals, objectives and policies of the General Plan b. Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity c. The extent to which the proposed amendment may adversely affect abutting properties; and d. The adequacy of facilities and services intended to serve the subject property, such as, roadways, parks and recreation facilities,

proposed amendment may adversely affect abutting properties; and d. The adequacy of facilities and services intended to serve the subject property, such as, roadways, parks and recreation facilities, police and fire protection, schools, storm water drainage systems, environment al hazard mitigation measures, water supply, and wastewater and refuse collection.

SUGGESTED MOTIONS R-1-8/R-1-10 to R -2-8 Rezone – 9/19/2023 “Motion to forward a recommendation to the City Council to (approve, deny) an application by Daniel Kemp, Choompone Watchalotone, and Kevin Holman to amend the Holladay Zoning Map for three individual parcels of land located at 4437 S Butternut Rd, 2475 E 4500 S, and 2485 E 4500 S from R-1-8 and R-1-10 to R-2-8, based upon the following findings ” “Motion to continue the application Daniel Kemp, Choompon e Watchalotone, and Kevin Holman to amend the Holladay Zoning Map for three individual parcels of land located at 4437 S Butternut Rd, 2475 E 4500 S, and 2485 E 4500 S from R-1-8 and R-1-10 to R-2-8, to the next regularly scheduled meeting” With the following findings : 1. The proposed amendment is consistent with goals, objectives, and policies within the General Plan as outlined 2. The proposal is harmonious with the overal l character of existing development in the vicinity of the subject property 3. The proposal does not affect abutting properties or the surrounding neighborhood.

4. Existing facilities and services are adequate to meet the needs of any increased dwelling units.

NOTICE OF A PUBLIC HEARING PROPOSED REZONE R -1-8 and R- 1-10 to R -2-8 Date: September 19th, 2023 Time: As close to 6:00 pm as possible Location: City Hall – City Council Chambers Hearing Body: Planning Commission

RING PROPOSED REZONE R -1-8 and R- 1-10 to R -2-8 Date: September 19th, 2023 Time: As close to 6:00 pm as possible Location: City Hall – City Council Chambers Hearing Body: Planning Commission Notice is hereby given that the City of Holladay will Hold a public hearing before the Planning Commission to consider a zone change application (File #23-4-07) submitted by joint applicants Daniel Kemp, Choompone Watchalotone, and Kevin Holman. The application proposes to rezone 3 separate properties, totaling .65 acres, located at 1) 4437 E Butternut Rd, 2) 2475 E. 4500 S., and 3) 2485 E. 4500 S. from the R -1-8 and R -1-10 Zone s to the R-2-8 Zone. The properties are not being combined and will remain in separate ownership. During the meeting the Planning Commission will provide a recommendation to the City Council. The City Council will make a final decision at a separately noticed public hearing. *Any development on any parcel would require entirely separ ate application(s) if the proposed zone change is approved.

Please submit comments via email by 5:00 pm on 09/18/2023 to Carrie Marsh , [email protected] . Emailed comments received by the designated time will be forwarded to the Commission prior to the meeting.

Additional information regarding this item & instructions how to join this meeting remotely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encouraged to watch the video stream of the meeting on the City of Holladay’s website.

ATTENTION: This notice was mailed on 9/8/23 by order of the Community and Economic Development Director, Jonathan Teerlink , to all residents within 500 feet from the subject property. If you are not the owner of your residence,

iled on 9/8/23 by order of the Community and Economic Development Director, Jonathan Teerlink , to all residents within 500 feet from the subject property. If you are not the owner of your residence, please notify the owner regarding this matter. Thank you.

NOTICE OF A PUBLIC HEARING PROPOSED REZONE R -1-8 and R- 1-10 to R -2-8 Date: September 19th, 2023 Time: As close to 6:00 pm as possible Location: City Hall – City Council Chambers Hearing Body: Planning Commission Notice is hereby given that the City of Holladay will Hold a public hearing before the Planning Commission to consider a zone change application (File # 23 -4-07) submitted by joint applicants Daniel Kemp, Choompone Watchalotone, and Kevin Holman. The application proposes to rezone 3 separate properties, totaling .65 acres, located at 1) 4437 E Butternut Rd, 2) 2475 E. 4500 S., and 3) 2485 E. 4500 S. from the R -1-8 Zone to the R -2-8 Zone.

The properties are not being combined and will remain in separate ownership. During the meeting the Planning Commission, will provide a recommendation to the City Council. The City Council will make a final decision at a separately noticed public hearing. *Any development on any parcel would require entirely separate application(s) if the proposed zone change is approved.

Please submit comments via email by 5:00 pm on 09/18/2023 to Carrie Marsh , [email protected] . Emailed comments received by the designated time will be forwarded to the Commission prior to the meeting.

Additional information regarding this item & instructions how to join this meeting remotely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encouraged to watch the video stream of the meeting on the City of Holladay’s website.

motely can be found on the City’s website and on the posted agenda, prior to the meeting. Interested parties are encouraged to watch the video stream of the meeting on the City of Holladay’s website.

ATTENTION: This notice was mailed on 9/8/23 by order of the Community and Economic Development Directo r, Jonathan Teerlink , to all residents within 500 feet from the subject property. If you are not the owner of your residence, please notify the owner regarding this matter. Thank you.

Public Comments 1Carrie Marsh Sent: Thursday, September 14, 2023 10:54 AM To: Carrie Marsh Subject: Proposed rezone- meeting 9/19/23 [External Email - Use Caution] My family and I are residents of Ho lladay City for the past 6.5 years and plan to stay as our long term residence. We live on Briarwood Circle near the proposed re-zoning site 1) 4437 Butternut, 2) 2475 E 4500 S, 2485 E 4500 S). Correct street name is actually 4470 S. not 4500 S as stated in the proposal.

I am STRONGLY opposed to a proposed rezone of t hese properties. These properties are along a small street, a street my neighborhood uses often to access Wander Lane. It is also a street that is used by dozens of kids, mostly elementary kids as they walk to and from Driggs elementary each day. My 4 children use this street daily by walking or riding bikes or scooters to also access the neighborhood East of Wander Lane. It is a connector through street that provides safety away from 4500 south with increased traffic and high speeds.

Should the rezone pass, I anticipate that fitting two units on a small 8,000 square foot lot will cause issues with

t that provides safety away from 4500 south with increased traffic and high speeds.

Should the rezone pass, I anticipate that fitting two units on a small 8,000 square foot lot will cause issues with parking. Many children in our neighborhood often ride their bikes along 4470 South, walk and scooter. I am concerned for their safety if more cars are parked on the street as it is a narrow street already. There is also no parking signs along this road. The home at 4437 Butternut Road does not have a designated parking spot on premises should they be allowed to rent out the apartment under their garage. The other two lots should remain at R-1-10 zoning to remain in harmony with the rest of the neighborhood. The suggested zoning change is not appropriate for the neighborhood, the congestion of an already small street, and the safety of the residents, especially the children. The current long term residents of this neighborhood would know this is not a good, or safe idea and should be respected and heard at this meeting.

Thank you!

Taryn Hoopes Sent from my iPhone 1Carrie Marsh Sent: Wednesday, September 13, 2023 10:24 PM To: Carrie Marsh Subject: Rezone near butternut cir [External Email - Use Caution] To the Holladay planning commission, I am STRONGLY opposed to a proposed rezone at the properties at 4437 Butternut Road, 2475 East 4500 South, and 2485 East 4500 South. These properties are along a small street, a street my neighborhood uses often to access Wander Lane. As zoned now, these homes and properties have adequate parking in their driveways. Should the rezone pass, I anticipate that fitting two units on a small 8,000 square foot lot will cause issues with parking. I often ride my

s and properties have adequate parking in their driveways. Should the rezone pass, I anticipate that fitting two units on a small 8,000 square foot lot will cause issues with parking. I often ride my bike along 4470 South, and the many children in our neighborhood do as well. I am concerned for their safety if more cars are parked on the narrow street. The home at 4437 Butternut Road does not have a designated parking spot on premises should they be allowed to rent out the apartment under their garage. The other two lots should remain at R-1-10 zoning as there is not adequate parking along their small street. These homes are not along 4500 South, even though their mailing addresses suggest otherwise.

We definitely need more affordable housing in the Salt Lake area, but an expensive duplex on a narrow street with no room for street parking is not the place.

Thanks for your time!

Ben Buzilow 2419 E Butternut Cir 1Carrie Marsh Sent: Wednesday, September 13, 2023 10:18 PM To: Carrie Marsh Subject: Rezone by Butternut Rd [External Email - Use Caution] To the Holladay planning commission, I am STRONGLY opposed to a proposed rezone at the properties at 4437 Butternut Road, 2475 East 4500 South, and 2485 East 4500 South. These properties are along a small street, a street my neighborhood uses often to access Wander Lane. As zoned now, these homes and properties have adequate parking in their driveways. Should the rezone pass, I anticipate that fitti ng two units on a small 8,000 square foot lot will cause issues with parking. I often ride my bike along 4470 South, and the many children in our neighborhood do as well. I am concerned for their safety if more cars are parked on the narrow street. The home at 4437 Butternut

I often ride my bike along 4470 South, and the many children in our neighborhood do as well. I am concerned for their safety if more cars are parked on the narrow street. The home at 4437 Butternut Road does not have a designated parking spot on premises should they be allowed to rent out the apartment under their garage. The other two lots should remain at R-1-10 zoning as there is not adequate parking along their small street. These homes are not along 4500 South, even though their mailing addresses suggest otherwise.

We definitely need more affordable housing in the Salt Lake area, but an expensive duplex on a narrow street with no room for street parking is not the place.

Thanks for your time!

Harriet Shuler 2419 E Butternut Cir Sent from my iPhone 1Carrie Marsh Sent: Wednesday, September 13, 2023 11:27 AM To: Carrie Marsh Subject: 4470 south rezoning [External Email - Use Caution] I live on Glenna Drive two blocke to the east.

I am in favor of rezoning the two lots on 4470 south to accommodate up to two duplexes.

Also, I feel generally that Holladay needs more higher densit y developments interspersed wi th the larger single family properties that comprise most of our neighbors.

1Carrie Marsh Sent: Wednesday, September 13, 2023 1:28 PM To: Carrie Marsh Cc: Morgan O'Brien Subject: Letter - O’Brien Family [External Email - Use Caution] To the Holladay planning commission, I am STRONGLY opposed to a proposed rezone at the properties at 4437 Butternut Road, 2475 East 4500 South, and 2485 East 4500 South. These properties are along a small street, a street my neighborhood uses

TRONGLY opposed to a proposed rezone at the properties at 4437 Butternut Road, 2475 East 4500 South, and 2485 East 4500 South. These properties are along a small street, a street my neighborhood uses often to access Wander Lane. Should the rezone pass, I anticipate that fitting two units on a small 8,000 square foot lot will cause issues with parking. My children often ride their bikes along 4470 South. I am concerned for their safety if more cars are parked on the street. The home at 4437 Butternut Road does not have a designated parking spot on premises should they be allowed to rent out the apartment under their garage. The other two lots should remain at R-1-10 zoning to remain in harmony with the rest of the neighborhood. These homes are not along 4500 South, even though their mailing addresses suggest otherwise. I purchased my home in Holladay 3 years ago because I was attracted to the charm and community this neighborhood provides. Please preserve this.

Best, Adam and Morgan 1Carrie Marsh Sent: Wednesday, September 13, 2023 1:06 PM To: Carrie Marsh Subject: I am near the proposed change.

[External Email - Use Caution] Along 45th and wander lane. Wander has always been single homes rather than dupl exes or the like. I would implore you to desist.

Mark Crockett 801-550-5343 Sent from my phone 1Carrie Marsh Sent: Wednesday, September 13, 2023 11:28 AM To: Carrie Marsh Subject: Zoning change of 4437 Butternut Road and other two properties on 4500 south between butternut and wander [External Email - Use Caution] To the Holladay planning commission, I am STRONGLY opposed to a proposed rezone at the pr operties at 4437 Butternut Road, 2475 East 4500 South, and

butternut and wander [External Email - Use Caution] To the Holladay planning commission, I am STRONGLY opposed to a proposed rezone at the pr operties at 4437 Butternut Road, 2475 East 4500 South, and 2485 East 4500 South. These properties are along a small str eet, a street my neighborhood uses often to access Wander Lane. Should the rezone pass, I anticipate that fitti ng two units on a small 8,000 square foot lot will cause issues with parking. That street is barely big enough for two small ca rs to pass each other, let alone parking. There are many children in the neighborhood who often ride their bikes along 4470 South. I am concerned for their safety if more cars are parked on the street. The home at 4437 Butternut Road does not have a designated parking spot on premises should they be allowed to rent out the apartment under their garage. The other two lots should remain at R-1-10 zoning to remain in harmony with the rest of the neighborhood . In addition, these homes ar e NOT along 4500 South, even though their mailing addresses suggest otherwise. This is a small access road to Butternut Rd. and Wander lane. I purchased my home in Holladay 17 years ago because Holladay is different, it is small and mostly already built out. I was attracted to the charm, low traffic, a nd community this neighborhood provides. Developers never have the best interest of the neighbors in mind when they implement their development pl an. It is only about money. Please STOP the overbuilding and dense housing units that are being built in Ho lladay. None of us want to become like Sugarhouse and Day Break. We moved here because we thought Hollad ay would not be overbuilt but that is changing. Please preserve the current zoning requirement.

laday. None of us want to become like Sugarhouse and Day Break. We moved here because we thought Hollad ay would not be overbuilt but that is changing. Please preserve the current zoning requirement.

Respectfully, Chris Toomer 4405 S Briarwood Cir 1Carrie Marsh Sent: Wednesday, September 13, 2023 11:01 AM To: Carrie Marsh Subject: Proposed Rezone [External Email - Use Caution] Dear Holladay Planning Commission, My name is Michael Ethington and I live at 4390 Butternut Rd. I’m writing to express my opposition to the proposed rezoning of the 3 properties located at: 4437 E Butternut Rd 2485 E 4500 S. We’ve lived here for over 12 years and chose this location because of the charm, safety and strength of community our neighborhood provides. This proposed re zoning does nothing to preserve that.

Sincerely, Michael Ethington 1Carrie Marsh Sent: Wednesday, September 13, 2023 10:29 AM To: Carrie Marsh Subject: Zoning Concern [External Email - Use Caution] To the Holladay planning commission, I am STRONGLY opposed to a proposed rezone at the properties at 4437 Butternut Road, 2475 East 4500 South, and 2485 East 4500 South. These properties are along a small street in my neighborhood accesses Wander Lane. Should the rezone pass, I anticipate that fitting two units on a small 8,000 square foot lot will cause issues with parking. My son rides his bike along 4470 South.

I encourage you to not allow rezoning as described.

Respectfully, Debbie Pitt Sent from my iPhone 1Carrie Marsh Sent: Wednesday, September 13, 2023 9:55 AM To: Carrie Marsh Subject: I'm Strongly Opposed to Proposed Rezone [External Email - Use Caution]

hone 1Carrie Marsh Sent: Wednesday, September 13, 2023 9:55 AM To: Carrie Marsh Subject: I'm Strongly Opposed to Proposed Rezone [External Email - Use Caution] Good morning Marty, Ginger, Dennis, Chris, Howard and anyo ne else on the planning commission I may have missed, As a neighbor to 4437 Butternut Road, 2475 East 4500 South, and 2485 East 4500 South, I am strongly opposed to the rezoning of these properties for the following reasons: PARKING    While the addresses of the 2nd two properties are listed as 4500 South, they are  actually on 4470 South- a narrow side street. Currently there are “No Parking” signs along the south side of 4470 South. This has not prevented cars fr om occasionally parking here, destroying at least 2 feet of grass from the park. There is nowhere to park  on the north side of the street. When cars do park there, it is difficult for other cars to drive along this street, especially in the winter. I utilize this st reet multiple times daily to safely access Wander Lane.

Increased density would drastically increase  cars parking along a street with barely enough room for two cars passing each other. Does Holladay have the resources to consistently enforce the “No Parking” signs? I also anticipate that higher density would lead to more cars parked along Butternut Road  or Wander Lane.

    The current home located at 4437 Butternut Road has an apartment under the detached  garage. The only place for a renter to park is in front of the garage on the driveway. The current owners have said they will designate a spot on the dr iveway in front of the garage for the renter, but there is no guarantee that future owners would provide  this space for a renter.

  

current owners have said they will designate a spot on the dr iveway in front of the garage for the renter, but there is no guarantee that future owners would provide  this space for a renter.

    I am against any kind of city planning that doesn’t accommodate for the cars that  will inevitably follow. Look to Laney Avenue for an example of too many cars in too small a space. Cars parked on both sides of Laney Avenue have made access to Olympus Junior High difficult and dangerous.

    Our neighborhood is filled with children that ride their bikes and scooters around  the neighborhood. Consistently parked cars along the streets make this more dangerous. This would be especially dangerous on narrow 4470 South and Wander Lane where there are no sidewalks.

 2 COMMUNITY    R2 zoning means developers can build duplexes. This is not in the character of  the neighborhood. Again- these properties are not on 4500 South.

    R2-8 zoning would NOT require owners to reside on the property. Also, this zoning  allows developers to build duplexes which can eventually lead to high turn-over.

    A strong community is built on a foundation of long-term residents that are dedicated  to the safety and health of the neighborhood.

 LOT SIZES    The R-2-10 duplexes on the south side of 4500 South have enough square footage  to allow for private streets that access parking in the rear of the duplexes. The proposed R-2-8 rezone is 2,000 square feet smaller than the duplex lots on 4500 South- not enough adequate space to allow for a similar configuration.

    It already felt like a stretch to rezone the properties of the new Ivory development  to R-1-8. This new zoning proposal would allow for 2 units on the smaller lot.

 ALTERNATIVES  

tion.

    It already felt like a stretch to rezone the properties of the new Ivory development  to R-1-8. This new zoning proposal would allow for 2 units on the smaller lot.

 ALTERNATIVES    Allow the current owners at 4437 Butternut Road to rezone as an ADU (accessory  dwelling unit). This would allow them to legally rent the apartment under the garage. This would also require owners to live on the property- ensuring for safe and legitimate renters.

    Do not change the zoning for the properties located at 2475 East 4500 South and  2485 East 4500 South because these lots are located on narrow 4470 South- NOT 4500 South.

 BENEFITS OF PROPER ZONING   3 Zoning protects and enhances property values. Holladay became a city to preserve  the character and charm that makes it a wonderful place to live.

    Increasing density to this extent in Holladay has not achieved the goal of providing more affordable housing. All new construction units, condos and houses, are well over $1 million- nowhere near affordable. This uptick  in development has padded the pockets of developers and increased traffic and parking issues for existing residents.

  Thank you for taking the time to read my thoughts and concerns. I hope you'll advise the City Council to vote NO on the proposed rezone.

Sincerely, Alicia Derr 2413 E Butternut Circle 1Carrie Marsh Sent: Wednesday, September 13, 2023 9:46 AM To: Carrie Marsh Subject: VOTE NO on Proposed Rezone R-1-8 and R-1-10 to R-2-8 [External Email - Use Caution] My name is Chad Grange - I’m an attorney and have ow ned my home in Holladay (4393 Camille St.), for over ten

bject: VOTE NO on Proposed Rezone R-1-8 and R-1-10 to R-2-8 [External Email - Use Caution] My name is Chad Grange - I’m an attorney and have ow ned my home in Holladay (4393 Camille St.), for over ten years. I’m strongly opposed to the proposed rezoning described in the attached Notice of A P ublic Hearing. This is not the area to allow higher-density and higher turnover units, and more traffic with as many young children as there already are daily - playing outside, which in the world of phone s and social media, is what we want to encourage. Please don’t bow to developers looking to line their pockets on the backs of those of us who have been here over a decade, have planted roots and invested in this community, and want to keep Holladay the charming and safe gem that it is today.

Regards, Chad Grange 1Carrie Marsh Sent: Tuesday, September 12, 2023 9:55 AM To: Carrie Marsh Cc: Liz Copene Subject: Proposed rezone [External Email - Use Caution] Dear Carrie Marsh, Being a resident that lives just off of S Wander Lane. I’m writ ing to express my opposition to the rezone from R1 to R2.

Both roads leading to the properties will no t support more traffic in a safe manor.

I would also like some information of how to file a petition for opposing land use.

Thank you for time Tonino Copene 1Carrie Marsh Sent: Monday, September 11, 2023 7:56 PM To: Carrie Marsh Subject: Proposed rezone R-1-8 to R-2-8 [External Email - Use Caution] My knee jerk reaction to the proposed rezoning is thank you for informing us. Has it already been decided? And please NO!

Sent from my iPhone 1Carrie Marsh From: Jonathan Teerlink Sent: Thursday, September 14, 2023 11:01 AM To: Carrie Marsh

zoning is thank you for informing us. Has it already been decided? And please NO!

Sent from my iPhone 1Carrie Marsh From: Jonathan Teerlink Sent: Thursday, September 14, 2023 11:01 AM To: Carrie Marsh Subject: FW: Concern for Rezoning 4470 to R2 New comment on the Butternut rezone. You can direct him to Councilman Durham. Or best ju st come to the meeting.

Sent: Thursday, September 14, 2023 9:23 AM Subject: FW: Concern for Rezoning 4470 to R2 Sent: Wednesday, September 13, 2023 11:54 AM Subject: Concern for Rezoning 4470 to R2 [External Email - Use Caution] Stephanie, You may not remember me, but I'm Dennis' son and I came by ofte n when he was mayor. I hope you're doing well.

We moved back to Holladay la st year and we just heard the city is considering rezoning the small corner street to R2 Zone (The 4470 South by t he Holladay City Sign and tri angle park). We've got a number of really concerned residents. Who would you suggest we reach out to?

I am very concerned. Our children take their bike s and scooters up this street every day to go to school and see friends. Allowing rental units will increase traffic, pa rking density, and it will continue to erode the park.

I saw firsthand the difficult task of rezoning to accommodate housing needs. But that should be reserved for busy streets like 4500 South, not small streets wher e children ride their scooters every day.

I'd love your guidance. Thanks.

2 Andrew Webb Phone • 801.518.9361 Website • andrewrwebb .com Holladay,  UT  94117

eir scooters every day.

I'd love your guidance. Thanks.

2 Andrew Webb Phone • 801.518.9361 Website • andrewrwebb .com Holladay,  UT  94117 City of Holladay Planning Commission Holladay,  UT  84117 RE: Proposed  Zoning Change Planning Commission: My name is Chris Brussow and I reside at 2392 E 4500 S, Holladay Utah, 84117.  I have resided in Holladay for the past 6 years, with 30+ years in Cottonwood  Heights, Salt Lake City and Millcreek.

I am also the President  of the Briarcreek  Homeowners  Association,  I am not representing  Briarcreek HOA in this letter, I am speaking as a private concerned  citizen.

I feel this type of zoning change sets an extremely  bad precedence  in that an influential  builder was granted a zoning change to build highly profitable  homes that were inconsistent  with the existing neighborhood,  knowing full well that they were not permitted  to build a second unit on the property.

The new owners are now coming to the planning/zoning  boards and the community  to request yet another change, when they knew full well when they purchased  the property that the zoning would also not permit multiple units on the property.   This is a ruse, by the developer  and the owners, and should not stand.  The City of Holladay should consider the previous agreements,  and not treat this as a net new request.

The property on Butternut  was already granted a zoning change so they could cram excessive  multi million‐dollar homes onto the smaller area for which they likely received several variances  including one for the impervious  surface guidelines,  exceeding  the 35% coverage and another for the property offsets.

r homes onto the smaller area for which they likely received several variances  including one for the impervious  surface guidelines,  exceeding  the 35% coverage and another for the property offsets.

The owners of these properties  should not be permitted  to continue to manipulate  zoning to fulfill their own individual  needs and desires with no consideration  for the surrounding  community.

If the city grants new zoning, the rezoning would essentially  tell the developers  of the future, “Build whatever  you want, regardless  of the law, rule or permits, because you can just get a change it after the fact.”

This is inappropriate  and dilutes the careful planning already done throughout  the city of Holladay and the Master Plan.

Using the changed zoning for the edge of law built Butternut  property to leverage a change in zoning for the other properties  is sneaky and should not be allowed.

The erosion of SFR properties  for greedy developers  does not suit the nature of Holladay and the values of the neighborhood.

Additionally,  with the softening  of the real estate market, adding multi‐unit properties  that were not originally planned for, will likely negatively  impact the property values of the surrounding  R1‐10 homes.

The “poor me” argument  from the owners of the Butternut  property should not be considered,  they purchased  a home with an apartment  they could not rent and could not be considered  a second unit.

They made this purchase with disclosure  and the full knowledge  of the zoning and allowed use of the property.   This should not be a point of any merit when deciding on a momentous  zoning change request.  I say momentous  change because if this island of R1 is changed here, there will be little to stop

erty.   This should not be a point of any merit when deciding on a momentous  zoning change request.  I say momentous  change because if this island of R1 is changed here, there will be little to stop anyone else on 4500 south from requesting  a similar change.  Again, this goes against the current Master Plan and should be studied prior to making a quick change.

As an important  side note, the proposed  zoning change could also impact open waterways  that feed our potable water supply and adding density near these open water channels could potentially  negatively influence  water quality or increase the cost of water sanitation.

The proposed  area is also in a potential flood zone, being adjacent to the waterway,  so by endorsing  a below ground apartment,  and adding density, this only adds to the potential impact of a localized flood.

Traffic considerations  should also be taken into account, by setting the stage for adding 4‐6 units at this already busy area of Holladay,  will only add to congestion  and the dangerous  intersections  at Wander and Butternut.  With no traffic control, the future multi‐unit properties  will negatively  impact the area and only add to unsafe road crossing conditions  in the area. Unfortunately,  4500 south is no longer a small town roadway,  it has become a major artery to access the highway and surrounding  areas, adding to the noise and busy street benefits no one.

To say, these properties  are not being combined  at this time is not a reasonable  consideration  for decision making on a zoning change, as the Butternut  property already successfully  influenced  an alteration  to zoning recently and is now back at the well to request another.  Hypothetically,  once this

on making on a zoning change, as the Butternut  property already successfully  influenced  an alteration  to zoning recently and is now back at the well to request another.  Hypothetically,  once this change is made, can the owners of the two properties  to the east, just request another change, and another?  Zoning changes should not be made lightly and should not be done at the whim of a couple individual  citizens, no matter how influential.

If the current residents do attempt to make a change in the future, they will not be likely to offer any sort of “affordable”  housing (80% below mean rental rate), and so they will just be attempting  to change the zoning for their own benefit and not that of the community  or Holiday as a whole.  There is no increased  tax revenue, just increased  use of services, and increased  profit for 3 individuals,  or one developer.

I would also question whether the historic farmland should be allowed to be included into any sort of zoning change.  That small parcel, much like the historic homes just west of this area, should be considered  for protection,  as it represents  the culture of the City of Holladay,  and should not be covered in cement and water hungry green grass.  Once this rate commodity  is gone, it will never be able to be restored, and Holladay loses just a little bit more charm and history.

Zoning changes should benefit the entire community  and have little or no impact to the surrounding neighbors.

Zoning changes should also be considered  for long into the future and the impact those changes might have in 10, 20 or 50 years.

If the City of Holladay intends to have an R‐2 corridor all along 4500 south, that is fine with me, but it

ered  for long into the future and the impact those changes might have in 10, 20 or 50 years.

If the City of Holladay intends to have an R‐2 corridor all along 4500 south, that is fine with me, but it should be studied and put into the Master Plan, not picked and chosen, piece by piece.  That is not good planning and will result in a chaotic and unlivable city. Piecemeal  zoning changes do not benefit anyone but the individuals  who are requesting  the change, which is unfair and cannot be equally applied to all citizens.

There is already significant  pressure on the citizens and the local infrastructure  with recent density increases,  there is no good reason to continue adding to this pressure for the benefit of just a couple individuals.

This should not be a ‘get while the gettin’ is good’ kind of decision, just because other zoning changes have been applied recently.

This zoning change does not benefit the city, the community  or the citizens nearby. This proposed zoning change does not provide a reasonable  or valuable impact to economic  development,  it is not tied to a specific development  plan and it does not increase the housing supply by any valuable amount.

The zoning change does not improve livability, nor does it correct any zoning code mistakes.

The only purpose of this zoning change it to enrich certain individuals,  and to complete  the ploy, by the builder/developer  on Butternut,  to build before approval,  with the full intent to manipulate  the system after the fact.

This is bad business for the City of Holladay,  and should not pass.

Thank you for your time and careful consideration.

Chris Brussow Holladay City Resident 1Carrie Marsh Sent: Monday, September 18, 2023 4:16 PM To: Carrie Marsh

.

Thank you for your time and careful consideration.

Chris Brussow Holladay City Resident 1Carrie Marsh Sent: Monday, September 18, 2023 4:16 PM To: Carrie Marsh Subject: Rezone of properties along 4470 [External Email - Use Caution] Hi Carrie, My name is Jeff Beck. I live at 4416 S Butternut Road in Holla day, very close to the proposed rezoning of 3 parcels along 4470 S. I would like to inform you and the Planning Commission /City Council that I oppose th is rezone application. I'm in real estate development and understand the importance of increasing the housing supply and density, especially with the current housing crisis that we are facing. I'm not oppose d to density or rezoning when it makes sense. The general plan for the city has identified 4500 S, 3900 S, and parts of 2300 E as areas that are good candidates for higher density. I support the general plan's vision. Major streets can acco mmodate increased density in a way that limits negative impacts to adjacent single family neighborhoods. I know from a bird's eye view, these parcel's appear to be in line with the general plan. I would argue, however, that they ar e not. The parcels are located on 4470 S NOT 4430 S (4500 S). The asphalt width of 4430 S is roughly 60'. This makes sense to increase the density along this corridor. It can accommodate the increased traffic and other impacts that co me with increased density. 4470 S is between 16'-17' wide. This is out of line with the general plan a nd good land use generally. 4470 S is a local community thoroughfare. Children, elderly and families use this small road to walk, bike or drive in between neighborhoods. The

with the general plan a nd good land use generally. 4470 S is a local community thoroughfare. Children, elderly and families use this small road to walk, bike or drive in between neighborhoods. The increased density is not safe, is not aligned with the surrounding neighborhood and, I believe, is not in line with the city's general plan. I appreciate your consideration in giving a ne gative recommendation and denying this rezone application.

Sincerely, Jeff Beck ?
DATE:  n/a Administrative/Procedural: n/a Commission shall approve, approve with changes or continue to a later date the agenda item City of Holladay Planning Commission n/a n/a n/a N/A n/a Adoption of Meeting Minutes Corrections made according to commission direction on 09/19/2023UCA§52-4-203, 2062.01.08013.06.030 Carrie Marsh, City Planner City of Holladay Planning Commission Meeting –08/ 15/2023 1 DRAFT 1 2 MINUTES OF THE CITY OF HOLLADAY 3 PLANNING COMMISSION MEETING 4 5 Tuesday , August 15, 2023 6 5:30 p.m. 7 City Council Chambers 8 4580 South 2300 East 9 Holladay, Utah 10 11 ATTENDANCE : 12 13 Planning Commission Members: City Staff: 14 15 Martin Banks Carrie Marsh, City Planner 16 Paul Cunningham Jonathan Teerlink, Community Development Director 17 Ginger Vilchinsky Brad Christopherson, City Attorney 18 Jill Fonte 19 Angela Gong 20 Dennis Roach 21 Karianne Prince 22 23 WORK SESSION 24

Jonathan Teerlink, Community Development Director 17 Ginger Vilchinsky Brad Christopherson, City Attorney 18 Jill Fonte 19 Angela Gong 20 Dennis Roach 21 Karianne Prince 22 23 WORK SESSION 24 Acting Chair , Martin Banks, called the Work Session to order at approximately 5:30 p.m. 25 26 The agenda items were reviewed and discussed. City Planner, Carrie Marsh, reported that there 27 are two Public Hearing items on the Planning Commission Regular Meeting agenda. The first 28 involves a Concept Plan for Block K of “Royal Holladay Hills .” It is the rear side of the Royal 29 Holladay Hills mixed -use site and is being developed as a residential block with a mixture of 30 single -family and multi- family homes. The main issues with the application were noted in the 31 Staff Report and relate to the architectural details not matching with the Site Development Master 32 Plan (“SDMP”) . That was something the Planning Commission woul d want to ask the applicant 33 about. In ad dition, the design and detail of the walking path and sidewalk would need to be 34 discussed. Ms. Marsh noted that vehicular access off of Memory Lane was limited. 35 36 Chair Banks asked if vehicular access off of Memory Lane is limited or non -existent . Ms. Marsh 37 reported that the SDMP does not allow for any vehicular access from Memory Lane. There was 38 the potential for pedestrian access from Memory Lane to be established with a modification to the 39 SDMP if that w as something the Planning Commission was interested in pursuing. Chair Banks 40 referenced language on the first page of the Staff Report that stated “ If no vehicular access can be 41 considered, neighborhood continuity with the existing homes on/along Arbor La ne should be 42

referenced language on the first page of the Staff Report that stated “ If no vehicular access can be 41 considered, neighborhood continuity with the existing homes on/along Arbor La ne should be 42 discussed.” Chair Banks believed there could be no vehicular access according to the SDMP a nd 43 it was not a matter of “i f” as described. Ms. Marsh confirmed this. 44 45 City of Holladay Planning Commission Meeting –08/ 15/2023 2 Commissioner Prince mentioned the six estate lot homes that will be around the bottom and 1 wondered if they will have access. Community Development Director, Jonathan Teerlink, 2 clarified that there i s a private agreement between the property owner and the neighborhood to the 3 east that goes back to when the Cottonwood Mall began to add additional retail space to the mall 4 itself. The neighborhood to the east came together to restrict additional vehicular access to 5 Memory Lane. That agreement was established in 1962 and has been carried with the property 6 ever since. When the new p roperty owners acquired the land , it was modified slightly for the 7 larger detached lots around Arbor Lane. The property that back s onto Memory Lane did not have 8 vehic ular access. Mr. Teerlink explained that there was a desire to discuss potential pedestr ian 9 access further. He believed that was a design concept worth exploring with the applicant. 10 11 Mr. Teerlink reported that the SDMP i s essentially a Master Planned Zone. In the Master Plan, 12 there are specific uses that a re allowed and specific locations where they a re permitted . The 13 property is not necessarily tied to a density the same way that other zones are. For example, the 14

re are specific uses that a re allowed and specific locations where they a re permitted . The 13 property is not necessarily tied to a density the same way that other zones are. For example, the 14 R-1-10 Zone contains 10,000 square foot lots. Alternatively, the SDMP for Royal Holladay Hills 15 has minimums and maximums for residential units and commercial properties . The property 16 owner need s to meet the minimums and cannot exceed the maximums. The maximums were 17 established based on a number of factors, including traffic impacts on the neighboring community. 18 When looking at the individual blocks, it i s important for the Planning Commission to consider 19 what the SDMP indicates should apply to that block. Mr. Teerlink explained that specifics were 20 outlined in the Staff Report relat ive to the SDM P and Block K . 21 22 Commissioner Vilchinsky asked if the architectural design seen in other blocks would be 23 appropriate for Block K . Mr. Teerlink clarified that the design i s site -wide. It was noted that there 24 would be some variation in the architecture but the design approv ed in one block could be used in 25 another block as well. If something fit s in one area it should fit into anothe r but does not 26 necessarily need to. There was room for variation. There are samples in the SDMP , which was 27 included in the Meeting Materials P acket, to illustrate what was permitted. 28 29 Commissioner Roach referenced the supplemental materials. Mr. Teerlink explained that the 30 supplemental materials included one of the first Concept Plans for the site. He reminded the 31 Commissioners that the process consists of Concept ual, Preliminary, and Final. To establish the 32

supplemental materials included one of the first Concept Plans for the site. He reminded the 31 Commissioners that the process consists of Concept ual, Preliminary, and Final. To establish the 32 entire subdivision plat, the applicant needs to show a conceptual layout. The supplemental 33 material is the conceptual layout from 2018, which showed what Block K could potentially look 34 like. As individual blocks a re discussed , there will be modifications made to th e drawing. 35 36 Commissioner Roach asked about the setback requirement from Memory Lane to the back of the 37 buildings shown. Mr. Teerlink reported that no setbacks were defined in the SDMP. For the 38 single -family homes on Arbor Lane, a standard setback for one -half and one -acre lots w as used. 39 Chair Banks asked if the omission of setbacks was done intentionally. This was confirmed. The 40 intention was to allow flexibility in both marketing and how the properties can be developed. 41 42 Commissioner Fonte asked how the walking path would be impacted. Mr. Teerlink suggested that 43 the issue be addressed with the applicant. Commissioner Roach noted that there a re no setback 44 requirements but he believed there will be a buffer of 20 to 30 feet. Mr. Teerlink explained that it 45 City of Holladay Planning Commission Meeting –08/ 15/2023 3 could be a starting point to compare what was proposed to what other single -family zones require 1 within the City. Commissioner Roach was curious as to how the setbac ks would impact Memory 2 Lane. There was d iscussion regarding a potential landscape buffer. It was noted that the developer 3 of Royal Holladay Hills ha s been very open and transparent throughout the process. If there a re 4

There was d iscussion regarding a potential landscape buffer. It was noted that the developer 3 of Royal Holladay Hills ha s been very open and transparent throughout the process. If there a re 4 concerns or issues, it i s important to speak to the applicant . 5 6 Chair Banks asked about the language in the SDMP that speaks to the discretion the applicant and 7 the Planning Commission ha ve in suggesting a design style. Mr. Teerlink explained that it was in 8 the R /M-U Zone codified language . It state s that the “Planning Commission shall act as the 9 authority to review compliance with the SDMP.” The first page of the SDMP noted that the 10 applicant or the property owner could propose that the development meet market needs. The 11 SDMP could be used as guidance by the Planning Commission but there were also specific 12 regulations. This mean s there was some level of specificity but there i s flexibility to accommodate 13 market stresses. There was d iscussion regarding the proposed design style. 14 15 Commissioner Roach asked about discretion in terms of density. Block K shows the residential 16 unit count as 100. He wondered if that was the single -family dwelling units that were being 17 proposed along the east side in addition to the multi -family units ac ross the street. Mr. Teerlink 18 confirmed that was the case. In the R estricted Zone there can only be single -family homes. In the 19 Limited Zone, it i s possible to have attached multi -family homes. The Open Zone is much more 20 unrestricted with most of the i ntensity concentrated in the center of the lot. T he number of units 21 proposed will be tracked as the site progresse s to make sure the minimum i s met. A chart was 22

tricted with most of the i ntensity concentrated in the center of the lot. T he number of units 21 proposed will be tracked as the site progresse s to make sure the minimum i s met. A chart was 22 included in the Meeting Materials Packet identifying the residential unit locations. Mr. Teerlink 23 noted that a drawing in the SDMP was included in the Meeting Materials Packet that showed an 24 attached single- family home with a common courtyard. Those were the only single -family home 25 styles that were foreseen in the SDMP. It was what City Staff a nd the Technical Review 26 Committee (“TRC”) had to look at when comparing compliance. 27 28 Commissioner Fonte asked about a letter that was received from a neighbor. The neighbor 29 expressed concerns about the heights. Commissioner Fonte wondered if the height need ed to be 30 considered. Mr. Teerlink explained that the height was considered within the SDMP. That area 31 was restricted to 40 feet, which was the allowed height for the homes across the street. The 32 intention was to match the heights. There was a dditional discussion about the shelf, the heights, 33 and the surrounding area. He noted that if height was a concern, the Planning Commission could 34 ensure that the proposed heights compl y with the SDMP. It was noted that t he proposed heights 35 are lower than the maximu ms. 36 37 Ms. Marsh reported that the second item on the Planning Commission Regular Meeting agenda 38 was a Concept/Preliminary/Final Plat for “Highland 4141 Office Condominiums.” It would take 39 suites within an office building and convert them into condominiums. It needs to be platted as 40 individual ownership so each of the suites can be sold. It was noted that the item had not been 41

9 suites within an office building and convert them into condominiums. It needs to be platted as 40 individual ownership so each of the suites can be sold. It was noted that the item had not been 41 notice d. City Attorney, Brad Christopherson, explained that because the matter was not noticed, 42 it would be on the next me eting agenda as well. T he applicant asked to begin the discussions 43 tonight . Mr. Christopherson suggested not opening the public hearing. If anyone i s present to talk 44 City of Holladay Planning Commission Meeting –08/ 15/2023 4 about the item he believed it would be appropriate for the Commission to accept comment . Any 1 comments will be reflected in the meeting record. 2 3 CONVENE REGULAR MEETING – Public Welcome and Opening Statement by 4 Commission Chair . 5 Chair Banks called the Regular Meeting to order at approximately 6:00 p.m. and read the 6 Commission Statement for the benefit of those present and discussed the Public Hearings. 7 8 PUBLIC HEARING S 9 1. “Royal Holladay Hills” Block K, Concept Plan – 4835 S outh Highland Drive (R/M -U) 10 Conceptual Review and C onsideration of a R esidential Site Plan Proposal by 11 Applicant/Owner, Steve Peterson. The Commission will r eview the 6.87 Acre 12 “BLOCK K” of the Holladay Hills Mixed -Use Development as a P ermitted 13 Residential Use According to R egulatory Provisions of the Site Development Master 14 Plan ( “SDMP 2007”) and Holladay Ordinance §13.65.07(C) File #19- 9-19-6. 15 Mr. Teerlink presented the Staff Report and stated that the above item relate s to a Concept Plan 16 for Block K of “Royal Holladay Hills.” The property i s located at 4835 South Highland Drive. 17

Mr. Teerlink presented the Staff Report and stated that the above item relate s to a Concept Plan 16 for Block K of “Royal Holladay Hills.” The property i s located at 4835 South Highland Drive. 17 The application was an administrative request from the property owners of Royal Holladay Hills . 18 Block K i s the fourth block that i s under consideration for the subdivision formally known as the 19 Cottonwood Mall. Blocks, as submitted, a re considered in the sam e process as a subdivision for 20 the Planning Commission to review. This mean s there are Concept ual, Preliminary, and Final 21 phase s. The Concept ual phase allow s the Commission to review the proposal and compare it to 22 the zone standards. In this case, the R/M -U Zone i s the overlying zone for the area. The R/M -U 23 Zone enacted a Master Plan understanding that the 57 acres will have multiple uses, including 24 mixed, residential, and commercial. There will also be different building heights and accesses. 25 He explained that the SDMP i s the controlling document for the zone. 26 27 Mr. Teerlink shared information about the SDMP. Individual blocks a re regulated by land use, 28 which mean s detached residential, attached residential, and certain types of c ommercial uses are 29 allowed within specific areas. T he SDMP was included in the Meeting Materials Packet and 30 contained a drawing illustrating the Restricted, Limited, and Open Zones. They are sub-use zones 31 in the SDMP. The entire 57 acres of Royal Hollad ay Hills w ere broken out into individual -use 32 zones. For Block K, the zones to consider were Restricted and Limited. On the east side of Block 33 K, the Restricted Zone only allow s detached single -family. The Limited Zone allow s for multi- 34

nes. For Block K, the zones to consider were Restricted and Limited. On the east side of Block 33 K, the Restricted Zone only allow s detached single -family. The Limited Zone allow s for multi- 34 family residential uses, some office, and some live/work spaces . Mr. Teerlink reported that the 35 maximums a re 40 feet in the Restricted Zone and 60 feet in the Limited Zone. 36 37 The Planning Commission w ill review the Concept Plan application for Block K during this 38 meeting . For a Concept Plan, the Commission needs to determine whether the application 39 complie s with the use of the zone and the layout of the overall SDMP as previously approved. The 40 TRC reviewed what was proposed for Block K to ver ify that the detached single -family lots and 41 the attached multi- family components compl y with the land uses in the SDMP. However, there 42 were other components that the Planning Commission had the purview to review. S treet cross - 43 sections were required for each block and street in the SDMP. Mr. Teerlink explained that this 44 City of Holladay Planning Commission Meeting –08/ 15/2023 5 may or may not include things like on- street parking allowances, sidewalk widths, streetscapes , 1 and plantings. 2 3 Architecture and design will establish the feel of the development itself . The SDMP provided a 4 few styles for design. In this case, the Planning Commission did not have the Design Review 5 Board (“DRB”) mak e a recommendation beforehand. As a result, the Planning Commission must 6 rely on the TRC to provide a recommendation as to whether the chosen styles compl y with the 7 SDMP. Mr. Teerlink discussed what was proposed by the applicant. It was difficult for City Staff 8

t 6 rely on the TRC to provide a recommendation as to whether the chosen styles compl y with the 7 SDMP. Mr. Teerlink discussed what was proposed by the applicant. It was difficult for City Staff 8 to find the resemblances of the style chosen. It would be up to the Planning Commission to query 9 the applic ant and better understand their desired approach. For the Concept Plan, the TRC 10 recommended approval. Some other elements the Planning Commission normally looks at include 11 Utility Service Letters , which had already been obtained and established. The int ention was to 12 look at compliance in terms of use and location. 13 14 Staff recommended approval of the Concept Plan and asked that the Planning Commission discuss 15 the streetscape, open space, trail elements, and the design of the buildings with the applicant. 16 Commissioner Prince wondered what would happen if the Planning Commission approved the 17 Concept Plan but still had concerns about the design. She questioned whether approval mean s the 18 design is accepted. Mr. Christopherson explained that at a Concept Pl an level, the design was not 19 being approved. It was possible for the Commission to weigh in on the design. What was being 20 considered tonight was the concept level approval . The Preliminary Plan process pertains to the 21 design itself. The l ayout and use were currently being considered. 22 23 The applicant , Steve Peterson, introduced himself and stated that a lot of time and effort has been 24 dedicated to Royal Holladay Hills. He was excited about the progress made so far . Currently, the 25 market conditions lean toward a residential focus. There seemed to be a strong demand for 26

24 dedicated to Royal Holladay Hills. He was excited about the progress made so far . Currently, the 25 market conditions lean toward a residential focus. There seemed to be a strong demand for 26 residential in the community. The office uses a re more challenging but they found a lender who 27 would assist with that aspect of the overall development . He acknowledged that the Blo ck K work 28 need s to stay within the parameters of the SDMP. In terms of the setback, there was only a 29 reference to the setback on the front page of the SDMP. He explained that for Block K it was 30 proposed that there be a 10- foot minimum setback from Memory Lane to the housing units . 31 Responsible designs transition from one area to the next. As a result, Block K was designed as a 32 buffer area. It would eliminate the view of any of the commercial uses down below so that 33 residents living to the east will see the three -story homes and the four -story building behind. Most 34 of the commercial behind will be lower and hidden from the residential community to the east. 35 That was done intentionally to create a buffer. 36 37 Mr. Peterson addressed the placement of the unit s and the unit counts. He reported that there a re 38 614 unit s total with approximately one -sixth being in Block K. It was noted that Block L will also 39 act as a buffer. In terms of access for Block K, there was an agreement with Cottonwood. Inc. that 40 was amended and updated. The residents represent ing the area wanted there to be no access from 41 Arbor or Memory Lane s into the project other than for the six one -half-acre lots. The six one -half- 42 acre lots would act as a buffer in Block L with driveways comin g into Arbor and Memory Lane s. 43

r Memory Lane s into the project other than for the six one -half-acre lots. The six one -half- 42 acre lots would act as a buffer in Block L with driveways comin g into Arbor and Memory Lane s. 43 Cottonwood, Inc. want s to restrict traffic coming out of the project. 44 45 City of Holladay Planning Commission Meeting –08/ 15/2023 6 Mr. Peterson reviewed some of the information provided in the Meetings Materials Packet . He 1 referenced steep -pitched roofs and explained that those we re regional examples. The homes were 2 designed with steep -pitched roofs to conform to certain elements of the SDMP. Sample images 3 were shared. Mr. Peterson explained that the first 100 feet had to be detached and those homes 4 can only be 40 feet. In the second component of Block K, the height maximum i s 60 feet but the 5 homes were proposed at approximately 45 feet. There will be four -story buildings there with 6 elevators. Those will be flats that will be approximately 2,000 square feet in size on one level. 7 The community want s more affordable flats to be available that are still high -quality. Some of the 8 proposed design features were described . Mr. Peterson reported that the architect for Block K 9 differs from the architect for Block s B, D, and E. T he intention was to create a village with some 10 differences in appearance. He believed the SDMP had been conformed to. Mr. Peterson informed 11 the Commission that he was seeking Concept Plan approval for Block K. 12 13 Information about the park and the trail system was shared. Mr. Peterson presented an updated 14 exhibit. The SDMP includes a parameter of 11 to 13.8 acres of green space and hardscape. 15

12 13 Information about the park and the trail system was shared. Mr. Peterson presented an updated 14 exhibit. The SDMP includes a parameter of 11 to 13.8 acres of green space and hardscape. 15 Currently , the plan contains approximately 19.6 acres of green space and hardscape . He hoped the 16 City would allow for a modification at some point so there could be additional green space 17 permitted . However, current ly, there are only 13.8 acres of green space allowed within the SDMP. 18 In terms of the trail system, when the Preliminary Plan process takes place, he hoped to show 19 where that trail system will be located. He discussed the proposed layout of the trail system and 20 noted that the trail system across Block K will be 10 feet wide in front of the flats. 21 22 Commissioner Roach asked about the Memory Lane portion of the property and wondered if there 23 was a plan for what would be done as far as curb and gutter up to the street. He was specifically 24 referring to the east end along Memory Lane, across from the cemetery, where there i s a ch ain link 25 fence currently . Mr. Peterson referenced the survey map. It was reported that t he City owns the 26 property in that area. The fence lines of the homes will be on the Royal Holladay Hills property. 27 He expected trees to be planted on the inside of the fences in the backyards to soften the look of 28 the buildings. Commissioner Roach asked if the fence line was where the property stop s. 29 Mr. Peterson confirmed that was the case and shared an aerial view of the property . 30 31 Commissioner Cunningham asked about the interpretation of the private agreement between 32 Cottonwood, Inc. and the property owner. He wanted to know if there was anything that would 33

perty . 30 31 Commissioner Cunningham asked about the interpretation of the private agreement between 32 Cottonwood, Inc. and the property owner. He wanted to know if there was anything that would 33 prevent the City from requiring pedestrian access from Memory Lane. Mr. Peterson shared a copy 34 of the agr eement and explained that he would be supportive of that kind of access . It would, 35 however, depend on whether Cottonwood, Inc. is also supportive. Currently, the agreement does 36 not allow for pedestrian access. He was not sure if there would be oppositio n but offered to reach 37 out to Cottonwood, Inc. about that . There was d iscussion about the agreement that i s in place and 38 the recorded easement. Mr. Peterson felt it was important to honor what was agreed to with 39 Cottonwood, Inc. He was willing to ask if pedestrian access was something there was support for. 40 41 Chair Banks asked for additional information about Cottonwood, Inc. Mr. Peterson reported that 42 Cottonwood, Inc. represent s a large group of individuals who live near the project area. 43 Mr. Christopher son reviewed the agreement and indicated that vehicular access off of Memory 44 Lane from the property is expressly prohibited. There had been discussion about the front doors 45 City of Holladay Planning Commission Meeting –08/ 15/2023 7 of the homes exiting out onto a pedestrian walkway fronting Memory Lane . As he read it, he did 1 not believe there was anything that would prevent that scenario specifically. However, if a 2 recorded easement is in place it would need to be considered in the layout. Chair Banks believed 3 the easement runs parallel to Memory Lan e and 10 feet off of Memory Lane. Mr. Peterson 4

if a 2 recorded easement is in place it would need to be considered in the layout. Chair Banks believed 3 the easement runs parallel to Memory Lan e and 10 feet off of Memory Lane. Mr. Peterson 4 identified the location of the easement on a map of the are a for reference. 5 6 There was d iscussion regarding potentially switching the direction of the homes on Memory Lane 7 so that they face east rather than west. Mr. Peterson stated that as long as there i s no access, the 8 houses can face east. It had not been considered a possibility but was something that could be 9 explored further if desired by the Planning Commission. Commissioner Cunningham believed 10 what was currently contemplated was a six -foot fence with trees and a 10- foot setback. Along 11 Memory Lane, it seemed that the two neighborhoods would be separated. Mr. Peterson reiterated 12 that the agreement with Cottonwood, Inc. require s that there be no access off of Memory Lane. 13 As a result, it made sense that there would be some level of separation. He acknowledged the 14 suggestion of the Commission to have the front of the homes face east. The question was whether 15 residents would worry about vehicl es being parked on Memory Lane. 16 17 Mr. Christopherson believed the agreement would prohibit any vehicular access to the homes off 18 of Memory Lane. No traffic from the development will be permitted there, including into a garage. 19 If the applicant were to ent ertain the idea of flipping the direction of the homes to face east, the 20 garages would need to be placed in the rear . Mr. Peterson reported that he would reach out to 21 Cottonwood, Inc. to ask how those involved feel about that suggestion. Chair Banks beli eved there 22

arages would need to be placed in the rear . Mr. Peterson reported that he would reach out to 21 Cottonwood, Inc. to ask how those involved feel about that suggestion. Chair Banks beli eved there 22 were two potential options including modify ing the agreement to allow access from Memory Lane 23 into garages or hav ing access to the garages on the back west side instead. 24 25 Commissioner Prince wanted to discuss one of the design elements and stated that s teep-pitche d 26 roofs were referenced earlier in relation to the three- story townhomes in the Restricted Zone. 27 Based on the regional example shared and the drawings included in the Meeting Materials Packet, 28 she struggled to see how the stee p-pitched roofs are similar. They looked angular to her. 29 Mr. Peterson clarified that the side views w ere shown. Additional sample images were reviewed. 30 Commissioner Prince reiterated her concerns based on the design drawings that were submitted. 31 Mr. Peterson stated that the drawings could be further refined moving forward. 32 33 Commissioner Fonte was not sure how homes facing east would be beneficial. Even if there i s 34 garage access to the west, she believed the result would be increased traffic on Memo ry Lane. She 35 assumed that guests w ould park in front of the home s. Mr. Peterson reiterated his desire to speak 36 to the representative of Cottonwood, Inc. to find out what they think of the proposal. He could 37 report the results of that discussion to the P lanning Commission in the future. The existing 38 residents in the area were concerned about traffic. There was a desire to limit those impacts. 39 Commissioner Fonte wondered if a walking path would be placed between the single -family 40

sting 38 residents in the area were concerned about traffic. There was a desire to limit those impacts. 39 Commissioner Fonte wondered if a walking path would be placed between the single -family 40 homes and the four -story building. Mr. Peterson explained that it would be in front of the four - 41 story building. Additional information about the trail system location was shared with those 42 present. 43 44 City of Holladay Planning Commission Meeting –08/ 15/2023 8 Mr. Teerlink believed there were a few different paths forward. The Planning Commission could 1 consider the Concept Plan, as proposed. Alternatively, the homes could be flipped or there could 2 be common courtyards used as access points. As long as all parties involved reach an agreement, 3 there were several options that could be considered. Mr. Peterson expressed concerns about a 4 courtyard proposal from a security standpoint and stated that access should be at controlled points. 5 6 Chair Banks opened the public hearing. 7 8 Gary Poulton was excited about the development and thought it would be nice for there to be 9 access so that those living in the Memory Lane apartments c ould access the commercial portions 10 of the development. He was in support of some pathways there. Additionally, he thought it was 11 important to properly de velop the end that faces Memory Lane. 12 13 Kimo Jones reported that he live s on Memory Lane, across from the proposed development. He 14 considered what was proposed to be too dense and he did not like that there w ould be three- story 15 homes . In other plans , more open space was shown than is currently proposed. There are 32 units 16 down Memory Lane and there did not appear to be a lot of room between the homes. Chair Banks 17

homes . In other plans , more open space was shown than is currently proposed. There are 32 units 16 down Memory Lane and there did not appear to be a lot of room between the homes. Chair Banks 17 wondered if Mr. Jones would prefer the front of the homes to face east instead. Mr. Jones thought 18 that layout would be better as would some kind of pathway rather than a fence. He reiterated his 19 concern about the density proposed in the current application. 20 21 Steve Glaser gave his address as 2052 East Arbor Lane and noted that reference was made to the 22 curb and gutter earlier in the meeting. He liked that there wa s no curb or gutter there. He hoped 23 that the City would not insist on that being included. Mr. Glaser asked for additional details 24 regarding the commercial components of the development . As for the proposed layout , he 25 preferred a fence to a wall. He thought that would provide a more open view. 26 27 Mr. Peterson was allowed to respond to the comments shared during the public hearing. He 28 clarified that commercial components will not be in Restricted or Limited areas. Block K will act 29 as a buffer for the commercial to the west. Commissioner Roach noted that reference was made 30 to affordable housing during the earlier discussion about the flats. He wondered what was 31 considered af fordable. H e also wondered if Mr. Peterson could address the open space comment 32 made by Mr. Jones. Mr. Peterson explained that the flats will not be low cost or assisted but more 33 affordable than other housing products. A lot of buyers in the area want s omething more 34 affordable. 35 36 There were no further comments. The public hearing was closed. 37 38

sted but more 33 affordable than other housing products. A lot of buyers in the area want s omething more 34 affordable. 35 36 There were no further comments. The public hearing was closed. 37 38 Commissioner Cunningham suggested that the Planning Commission be careful and only address 39 the Concept Plan. He did not believe the design itself was ready to be approved. He acknowledged 40 that there was still an issue with the private agreement. C omments were made during the public 41 hearing from residents who were not included in that agreement. He was not sure who the 42 agreement was with if it did not include all adjacent neighbors. Commissioner Cunningham 43 believed the idea of walkability and pedestrian access was critical. He felt it was fine to move 44 forward from a conceptual level but there was still a lot that needed to be determined. 45 City of Holladay Planning Commission Meeting –08/ 15/2023 9 1 Commissioner Roach liked the layout because it progresse s from single -family to multi- family 2 units and becomes denser as the project move s in. He thought this was the right approach. The 3 density of homes pushed along Memory Lane was likely impactful because of the change in use. 4 However, the layout presented makes sense and i s congruent with the SDMP. He thought there 5 was an opportunity after this phase to incorporate more pedestrian access. Adding more pedestrian 6 access to the Block K development will enhance the proje ct. 7 8 Commissioner Gong did not believe there was a clear sense of wh ich residents were included in 9 the private agreement. That was something the Commission would want more information on at 10 a future phase of the appli cation process. Commissioner Gong bel ieved the question of pedestrian 11

9 the private agreement. That was something the Commission would want more information on at 10 a future phase of the appli cation process. Commissioner Gong bel ieved the question of pedestrian 11 access was especially important because walkability i s essential. 12 13 Commissioner Prince liked the progression from single -family to multi- family units. She thought 14 that was well done and m et the requirements of the SDMP . That being said, she had concerns 15 about some of the design elements. Those do not necessarily need to be addressed during the 16 Concept Plan phase but she stressed the importance of continuing to discuss those matters during 17 future phases of the process. She looked forward to seeing what the applicant would come back 18 with after speaking to Cottonwood, Inc. and incorporating additional feedback. 19 20 Commissioner Fonte was surprised by the first proposal compared to the current proposal in terms 21 of density. She wondered what happened during the process to make Memory Lane so dense 22 relative to what was initially proposed. Commissioner Vilchinsky echoed the comments shared 23 by other Commissioners with regard to the graduation from single -family to multi- family homes. 24 It made a lot of sense and she liked t he concept proposed. She understood the reason for the private 25 agreement but was not sure what the right solution would be. It would be possible to continue to 26 have discussions and focus on green space and a walking path. As for the concept, which was 27 what the Commission was reviewing, she felt it was appropriate. 28 29 Commissioner Prince moved that the Planning Commission APPROVE the Conceptual Site 30

g path. As for the concept, which was 27 what the Commission was reviewing, she felt it was appropriate. 28 29 Commissioner Prince moved that the Planning Commission APPROVE the Conceptual Site 30 Plan for Block K in the “Royal Holladay Hills” subdivision, based on the following findings: 31 32 1. The Conceptual Site Plan requirements are sufficiently and substantially met and 33 comply with the requirements for submissions, the SDMP, and the R/M -U Zone. 34 35 2. The TRC cannot find a semblance in the residential facades of non -mixed -use 36 design precedents shown on Page 16 of the SDMP, nor does the Planning 37 Commission. 38 39 3. The Planning Commission encourages a conversation regarding walkability and 40 possible pedestrian access with the Memory Lane residents. 41 42 Commissioner Vilchinsky seconded the motion. Vote on Motion: Commissioner Cunningham - 43 Aye; Commissioner Vilchinsky -Aye; Commissioner Fonte- Aye; Commissioner Roach -Aye; 44 City of Holladay Planning Commission Meeting –08/ 15/2023 10 Commissioner Gong -Aye; Commissioner Prince- Aye; Chair Banks -Aye. The motion passed 1 unanimous ly. 2 3 2. “Highland 4141 Office Condominiums” Subdivision – Concept/Preliminary/Final 4 Plat - 4141 S outh Highland Drive ( “PO Zone ”) Preliminary L evel Review and 5 Consideration of D evelopment Details by Applicant, Stout Building Construction. 6 Review of this 1.9- acre Development is C onducted According to C oncurrent Concept 7 and Preliminary R eview Procedures According to PO Z one Compliance and 8 Conversion to C ondominium Development Requirements of Holladay Ordinance 9 §13.85. File #23- 1-09. 10 It was reported that there was no applicant present. In addition, notices were not sent out for the 11

on to C ondominium Development Requirements of Holladay Ordinance 9 §13.85. File #23- 1-09. 10 It was reported that there was no applicant present. In addition, notices were not sent out for the 11 application. This meant that the public hearing would not take place. I t was suggested that the 12 item be deferred to a future meetin g. 13 14 Commissioner Cunningham moved to CONTINUE the Concept/Preliminary/Final Plat 15 application by Stout Building Construction for “Highland 4141 Office Condominiums,” to the 16 next available Planning Commission Meeting. Commissioner Prince seconded the motion. 17 Vote on Motion: Commissioner Cunningham -Aye; Commissioner Vilchinsky -Aye; 18 Commissioner Fonte -Aye; Commissioner Roach -Aye; Commissioner Gong -Aye; Commissioner 19 Prince- Aye; Chair Banks -Aye. The motion passed unanimous ly. 20 21 ACTION ITEMS 22 3. Approval of Minutes – May 18, 2023. 23 Commissioner Fonte asked about the process for approving Meeting Minutes. She wondered if 24 the intention was to confirm that the contents of the meeting had been recorded. Chair Banks 25 explained that th ose present at th e Planning Commission Meeting need to confirm that the Meeting 26 Minutes roughly reflect the substance of the comments made during the meeting. Once the 27 Meeting Minutes a re approved they become the official record of the meeting. 28 29 Commissioner Roach moved to APPROVE the Planning Commission Meeting Minutes from 30 May 18, 2023. Commissioner Vilchinsky seconded the motion. Vote on Motion: Commissioner 31 Cunningham -Aye; Commissioner Vilchinsky -Aye; Commissioner Fonte -Abstain ; 32 Commissioner Roach -Aye; Commi ssioner Gong -Abstain; Commissioner Prince -Aye; Chair 33 Banks -Aye. The motion passed unanimous ly. 34 35

mmissioner Vilchinsky -Aye; Commissioner Fonte -Abstain ; 32 Commissioner Roach -Aye; Commi ssioner Gong -Abstain; Commissioner Prince -Aye; Chair 33 Banks -Aye. The motion passed unanimous ly. 34 35 ADJOURN 36 The Planning Commission Meeting adjourned at approximatel y 7:15 p.m. 37 City of Holladay Planning Commission Meeting –08/ 15/2023 11 I hereby certify that the foregoing represent s a true, accurate , and complete record of the City 1 of Holladay Planning Commission Meeting held Tuesday , August 15, 2023. 2 3 4 5 Teri Forbes 6 Teri Forbes 7 T Forbes Group 8 Minutes Secretary 9 10