On the agenda: Tooele Packet — data center (Sep 2)

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Est . 1853

City Recorder’s Office

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Tooele City Council

PUBLIC NOTICE
Notice is hereby given that the Tooele City Council will meet in a Business Meeting on Wednesday, September
2, 2026 immediately following the 7:00 p.m. RDA meeting. The meeting will be held in the Tooele City Hall
Council Chambers, located at 90 North Main Street, Tooele, Utah. The complete public notice is posted on the
Utah Public Notice Website www.utah.gov, the Tooele City Website www.tooelecity.gov, and at Tooele City
Hall. To request a copy of the public notice or for additional inquiries please contact Shilo Baker, City Recorder
at (435) 843-2111 or [email protected].
Tooele City public meetings may be recorded and transcribed for documentation and quality assurance purposes. By
attending this meeting, you consent to being recorded. If you do not consent, we encourage you to join the City Council
meeting electronically by visiting the Tooele City YouTube Channel, at https://www.youtube.com/@tooelecity or by going
to YouTube.com and searching “Tooele City Channel”. If you are attending electronically and would like to submit a
written comment for the public comment period or for a public hearing item, please email
[email protected]. If submission by email is not an option, written comments may be submitted to the
City Recorder. Written comments must be submitted no later than the day prior to the meeting. Written comments will be
addressed at the designated points in the meeting.

1. Pledge of Allegiance

AGENDA

2. Roll Call
3. America250 Tribute – Girls Nation in Washington D.C. Presentation
Presented by Haley McCraken, Miss Teen Tooele City
4. Presentation by Disabled American Veterans (DAV), Jordan M. Byrd, Tooele County Chapter 20
5. Public Comment Period

The Public Comment Period is an opportunity for residents to address the City Council. Comments will be limited to
no more than three (3) minutes per person unless additional time is authorized by the Governing Body.

6. Public Hearing and Motion on Ordinance 2026-22 An Ordinance of the Tooele City Council
Vacating the Southern Twenty-Foot Portion of Utah Avenue Located Between the Railway Crossing
and 1100 West
Presented by Paul Hansen, City Engineer
7. Public Hearing and Motion on Ordinance 2026-20 An Ordinance of the Tooele City Council
Amending Tooele City Code Section 7-16a-3, Regarding Commercial Special Districts’ Eligibility and
Size
Presented by Andrew Aagard, Community Development Director
8. Public Hearing and Motion on Ordinance 2026-23 An Ordinance of the Tooele City Council Creating
the Compass Point Commercial Special District, Thereby Amending the Tooele City Zoning Map and
Reassigning the Land Use Designation for Properties Identified as Area “A” at 3100 North and SR-36,
Area “B” at 800 West and 1000 North, Area “C” at 3300 North 400 West, and Area “D” at 1200 West
and 2400 North
Presented by Andrew Aagard, Community Development Director

90 North Main Street | Tooele, Utah 84074
Ph: 435-843-2113 | Fax: 435-843-2119 | www.tooelecity.gov

%2Jefe ~
Est . 1853

City Recorder’s Office

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Tooele City Council

9. Public Hearing and Motion on Ordinance 2026-25 An Ordinance of the Tooele City Council
Enacting Chapter 7-11c of the Tooele City Code Regarding Architectural Design Standards for
Commercial Development
Presented by Andrew Aagard, Community Development Director
10. Ordinance 2026-24 An Ordinance of Tooele City Amending Tooele City Code Section 8-3-3
Regarding Garbage Collection for Private Access Dwellings
Presented by Matt Johnson, City Attorney

11. Resolution 2026-65 A Resolution of the Tooele City Council Increasing the Planning Commission
Stipend
Presented by Andrew Aagard, Community Development Director
12. Resolution 2026-66 A Resolution of the Tooele City Council Amending the Tooele City Fee Schedule
to Include Increased Water Meter Costs
Presented by Nathan Farrer, Public Works Director
13. Resolution 2026-67 A Resolution of the Tooele City Council Approving an Agreement with COP
Construction, LLC, for the 2026 Water Reclamation Facility Upgrades Construction Project
Presented by Nathan Farrer, Public Works Director
14. Resolution 2026-69 A Resolution Authorizing the Issuance and the Sale of Not to Exceed $14,000,000
Aggregate Principal Amount of Sewer Revenue Bonds
Presented by Shannon Wimmer, Finance Director
15. Resolution 2026-64 A Resolution of the Tooele City Council Declaring Surplus Certain TechnologyRelated Equipment, and Authorizing Its Disposal
Presented by Shilo Baker, City Recorder
16. Resolution 2026-68 A Resolution of the Tooele City Council Authorizing the Tooele City Purchasing
Agent to Dispose of Surplus Personal Property (Public Works Department)
Presented by Shilo Baker, City Recorder
17. Invoices & Purchase Orders
Presented by Shilo Baker, City Recorder
18. Minutes
~ August 5, 2026 City Council Work Meeting Minutes
~ August 5, 2026 City Council & Water Special Service District Business Meeting Minutes
~ August 19, 2026 City Council Business Meeting Minutes
19. Adjourn
Shilo Baker, Tooele City Recorder
Pursuant to the Americans with Disabilities Act, individuals needing special accommodations should notify Shilo
Baker, Tooele City Recorder, at (435) 843-2111 or [email protected], prior to the meeting.
90 North Main Street | Tooele, Utah 84074
Ph: 435-843-2113 | Fax: 435-843-2119 | www.tooelecity.gov

TOOELE CITY CORPORATION
ORDINANCE 2026-22
AN ORDINANCE OF THE TOOELE CITY COUNCIL VACATING THE SOUTHERN
TWENTY-FOOT PORTION OF UTAH AVENUE LOCATED BETWEEN THE RAILWAY
CROSSING AND 1100 WEST
WHEREAS, Tooele City has initiated a petition to vacate twenty feet of the
southern portion of Utah Ave ROW between the railway crossing and 1100 West; and,
WHEREAS, the Petition complies with the requirements for right-of-way vacations,
as described in UCA Section 10-20-813; and,
and,

WHEREAS, the ROW contains approximately 14,4810 square-feet (0.34 acres);

WHEREAS, the ROW runs west and east, and is bounded by the railway crossing
on the west, and 1100 West Road on the east, the industrial property to the north; and,
WHEREAS, the Affected Parcel of the property to the south is listed as 02-009-00013 (Entry No. 175918); and,
WHEREAS, the land owners have contracted to have the ROW surveyed (see the
surveyed right-of-way legal description(s) attached hereto as Exhibit A); and,
WHEREAS, the property proposed to be vacated is as shown and attached hereto
as Exhibit B; and,
WHEREAS, pursuant to UCA Section 72-5-105, “title to the vacated [ROW] . . .
shall vest to the adjoining record owners, with the vacated portion of the [ROW] assessed
to the adjoining owner”; and,
WHEREAS, the railroad crossing located west of the subject property will not be
widened beyond its existing configuration, and the City does not anticipate improving the
full 109-foot width of the Utah Avenue right-of-way because the additional right-of-way is
not necessary for future public roadway improvements and would primarily benefit the
adjoining property rather than the general public; and,
WHEREAS, the City has identified underground utilities and infrastructure located
in and under the ROW, namely, Beehive Broadband, Comcast, Depot Broadband LLC,
Enbridge Gas Utah, Rocky Mountain Power, Settlement Canyon Irrigation, and Tooele
City; and,
WHEREAS, it is in the public interest, and necessary for the protection of public
safety and utility service continuity, for the City to explicitly reserve and grant a perpetual
blanket Public Utility Easement over the entirety of the vacated right-of-way for the benefit
of all public and franchised private utility providers having or anticipating facilities within
the subject area; and,

WHEREAS, if the ROW is vacated, the City and other entities responsible for the
maintenance of public utilities will need access to the utility infrastructure located in and
under the ROW; and,
WHEREAS, the City has notified the owners and operators of all known utility
facilities, if any, in and under the ROW, and those owners, if any, have been notified of
the vacation of the ROW; and,
WHEREAS, the public hearing notice requirements of Utah Code Ann. §10-20-208
have been met; and,
WHEREAS, as required by UCA Sections 10-20-813 and 72-5-105, this ordinance
and its exhibits are to be recorded in the office of the Tooele County Recorder to
accomplish the vacation of the ROW; and,
WHEREAS, a public hearing was held before the City Council on the Petition on
September 2, 2026, during which the City Council considered (1) whether there was good
cause to vacate the ROW, and (2) whether the public interest or any person would be
materially injured by the vacation of the ROW:
NOW, THEREFORE, BE IT ORDAINED BY THE TOOELE CITY COUNCIL that:
1. Good cause exists to vacate the ROW, as follows:
a. Tooele City has petitioned for the ROW vacation; and,
b. The portion of ROW vacated has no historic, current, or anticipated future
use as transportation rights-of-way and serve no public purpose with the
exception of easements for existing and future underground Tooele City
public utilities and existing private franchise utilities;
c. the above-referenced utility companies have been notified to the ROW
vacation; and,
d. the ROW vacation will reserve to Tooele City Corporation utility easements
for existing and future Tooele City public utilities in the vacated ROW; and,
e. the ROW vacation will reserve to the owners of private franchise utilities
easements for utilities existing in the vacated ROW as of the date of
approval of this ordinance; and,
f. the public hearing identified no reason why the ROW vacation should not
be approved.
2. Neither the public interest nor any person is anticipated to be materially injured by
the vacation of the ROW, as follows:
a. Tooele City has petitioned for the ROW vacation; and,
b. the portion of ROW vacated has no historic, current, or anticipated future
use as transportation rights-of-way and serve no public purpose with the

exception of easements for existing and future underground Tooele City
public utilities and existing private franchise utilities;
c. the above-referenced utility companies have been notified of the ROW
vacation; and,
d. the ROW vacation will reserve to Tooele City Corporation utility easements
for existing and future Tooele City public utilities in the ROW; and,
e. the ROW vacation will reserve to the owners of private franchise utilities
easements for utilities existing in the ROW as of the date of approval of this
ordinance; and,
f. the public hearing identified no reason why the ROW vacation should not
be approved.
3. The ROW, as described above and as depicted and described in Exhibits A and
B, is hereby vacated.
4. Title to the vacated ROW shall vest to the adjoining record owner, subject to the
perpetual blanket Public Utility Easement reserved herein, as well as any other
pre-existing easements, covenants, or encumbrances of record.
5. There is hereby expressly reserved unto Tooele City, all public utility providers,
and all private franchised utility companies operating within Tooele City, a
perpetual, non-exclusive, blanket Public Utility Easement (PUE) over, under, upon,
and across the entire 20-foot vacated right-of-way described in Exhibit A and
depicted in Exhibit B. This easement shall burden the vacated land and run with
the land in favor of said utility providers, granting them the perpetual right to
construct, operate, maintain, repair, replace, inspect, and access any and all
existing or future utility lines, pipes, cables, wires, mains, and related facilities,
together with rights and ingress and egress.
6. Easements for all existing utilities (including, but not limited to, water, sewer,
power, gas, communications, cable, and other public utilities and private franchise
utilities) located in and under the vacated and remaining ROW are hereby
expressly preserved in favor of the utility owners.
7. Easements for all future Tooele City utilities in and under the vacated and
remaining ROW are hereby expressly preserved in favor of Tooele City.
8. The City Recorder shall record this ordinance, together with its exhibits, in the
office of the Tooele County Recorder.
This Ordinance is necessary for the immediate preservation of the peace, health,
safety, or welfare of Tooele City and shall become effective immediately upon passage,
without further publication, by authority of the Tooele City Charter.
IN WITNESS WHEREOF, this Ordinance is passed by the Tooele City Council
this ____ day of _______________, 20__.

TOOELE CITY COUNCIL

(For)

(Against)

______________________________
[Type or Print Name]

______________________________

______________________________
[Type or Print Name]

______________________________

______________________________
[Type or Print Name]

______________________________

______________________________
[Type or Print Name]

______________________________

______________________________
[Type or Print Name]

______________________________

ABSTAINING: ___________________________________________
[Type or Print Name]
(Approved)

MAYOR OF TOOELE CITY

______________________________
[Type or Print Name]

(Disapproved)

______________________________

ATTEST:

Approved as to Form:

_________________________
Shilo Baker, City Recorder

___________________________
Matthew C. Johnson, City Attorney
SEAL

STATE OF UTAH
COUNTY OF TOOELE

)
) ss.
)

Before me, a notary public, appeared Maresa Manzione, who did affirm to me that she is the Mayor
of Tooele City Corporation, and that she did execute the foregoing ordinance with due authority this ____
day of _________________, 2026.
______________________________
Notary Public
Residing in Tooele County, Utah

EXHIBIT A

ROW Vacation Legal Description

Docusign Envelope ID: CA36BA6E-D1AE-85DE-82D6-39CAF45F38F3

Reeve

&Associates, Inc.
TOOELE CITY, TOOELE COUNTY, UTAH
JOB NO. 8124-01
06-25-2026
UTAH AVENUE RIGHT-OF-WAY VACATION LEGAL DESCRIPTION
PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 4
WEST, SALT LAKE BASE AND MERIDIAN, U.S. SURVEY, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT-OFWAY LINE OF UNION PACIFIC RAILROAD AND THE EXISTING SOUTHERLY RIGHT-OFWAY LINE OF UTAH AVENUE, SAID POINT BEING 154.55 FEET SOUTH 00°05'12" EAST
ALONG THE SECTION LINE AND 737.73 FEET NORTH 89°54'48" EAST FROM THE
NORTHWEST CORNER OF SAID SECTION 29 (SAID NORTHWEST CORNER BEING 5293.32
FEET NORTH 00°05'12" WEST FROM THE SOUTHWEST CORNER OF SAID SECTION 29);
THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF UNION
PACIFIC RAILROAD AND ALONG A CURVE TURNING TO THE LEFT WITH A RADIUS OF
5679.50 FEET, AN ARC LENGTH OF 20.37 FEET, A DELTA ANGLE OF 00°12’20”, A CHORD
BEARING OF NORTH 34°42’20” EAST, AND A CHORD LENGTH OF 20.37 FEET; THENCE
SOUTH 45°34'08" EAST 215.27 FEET TO A POINT OF CURVATURE; THENCE
SOUTHEASTERLY ALONG SAID CURVE TURNING TO THE LEFT WITH A RADIUS OF 1553.00
FEET, AN ARC LENGTH OF 238.31 FEET, A DELTA ANGLE OF 08°47’31”, A CHORD BEARING
OF SOUTH 50°50’42” EAST, AND A CHORD LENGTH OF 238.07 FEET; THENCE SOUTH
34°45'33" WEST, 4.00 FEET TO A POINT ON THE ARC OF A CURVE; THENCE
SOUTHEASTERLY ALONG SAID CURVE TURNING TO THE LEFT WITH A RADIUS OF 1557.00
FEET, AN ARC LENGTH OF 274.29 FEET, A DELTA ANGLE OF 10°05’37”, A CHORD BEARING
OF SOUTH 60°17’16” EAST, AND A CHORD LENGTH OF 273.94 FEET TO THE INTERSECTION
OF THE SOUTHERLY RIGHT-OF-WAY LINE OF UTAH AVENUE AND THE WESTERLY
RIGHT-OF-WAY LINE OF 1100 WEST STREET; THENCE SOUTH 0°07’34” EAST 20.85 FEET
ALONG SAID WESTERLY LINE OF 1100 WEST STREET TO THE EXISTING SOUTHERLY
RIGHT-OF-WAY LINE OF UTAH AVENUE AND A POINT ON THE ARC OF A CURVE; THENCE
TWO (2) COURSES ALONG SAID SOUTHERLY LINE AS FOLLOWS: (1) NORTHWESTERLY
ALONG SAID CURVE TURNING TO THE RIGHT WITH A RADIUS OF 1492.69 FEET, AN ARC
LENGTH OF 530.09 FEET, A DELTA ANGLE OF 20°20’50”, A CHORD BEARING OF NORTH
55°42’49” WEST, AND A CHORD LENGTH OF 527.31 FEET; AND (2) NORTH 45°32'24" WEST
209.76 FEET TO THE POINT OF BEGINNING.
CONTAINING: 14,819 SQUARE FEET OR 0.340 ACRES

Solutions You Can Build On
Civil Engineering • Land Planning • Structural Engineering • Landscape Architecture • Land Surveying • Construction Surveying
5160 S 1500 W • Riverdale, Utah 84405 • Tel: 801-621-3100 • Fax: 801-621-2666
[email protected] • reeve-assoc.com

EXHIBIT B

RIGHT OF WAY VACATION EXHIBIT

Docusign Envelope ID: CA36BA6E-D1AE-85DE-82D6-39CAF45F38F3

ROAD VACATION EXHIBIT
D=0°12'20"
R=5679.50'
L=20.37'
CH=20.37'
N 34°42'20" E
S 45°34'08" E
214.95'

HIGHWAY VACATION
14,819 S.F.
0.340 ACRES
D=8°47'31"
R=1553.00'
L=238.31'
CH=238.07'
S 50"50'42" E

LEGEND

M

~

w
02-009-0-0013SENT
IT NOW LLC
D=2D°20'50"
R=1492.69'
L=530.09'
CH=527.31'
N 55°42'49" W

I> •

D=1D°05'37"
R=1557.00'
L=274.29'
CH=273.94'
S 60°17'16" E

>>> I

= HIGHWAY VACATION
HIGHWAY VACATION
PROPERTY BOUNDARY
FENCE

S 0°07'34" E
20.85'

Reeve

&Associates Inc.
5160 S 1500 W, RIVERDALE, UTAH J405
TEL: (801) 621-3100 FAX: (801) 621-2666 www.reeve-assoc.com

LAND PLANNERS * CIVIL ENGINEERS ' LAND SURVEYORS
TRAFFIC ENGINEERS • STRUCTURAL ENGINEERS * LANDSCAPE ARCHITECTS

Project Info.
Designer: --~J~._F_E_L_T_ __
Date: _ _0_6~/_2_9-/_20_2_6_ __
Name: _ _ _T_O_O_E_L_E_ __
Number: ___8~1~2_4_-_0_1_ _
Sea le: ---~1_"_=~1~0~0~'---

TOOELE CITY CORPORATION
ORDINANCE 2026-20
AN ORDINANCE OF THE TOOELE CITY COUNCIL AMENDING TOOELE CITY CODE
SECTION 7-16a-3, REGARDING COMMERICAL SPECIAL DISTRICTS’ ELIGIBILITY
AND SIZE.
WHEREAS, Utah Code §10-8-84 and §10-20-101 authorize cities to enact ordinances,
resolutions, and rules and to enter other forms of land use controls they consider necessary
or appropriate for the use and development of land within the municipality to provide for the
health, safety, welfare, prosperity, peace, and good order, comfort, convenience, and
aesthetics of the municipality; and,
WHEREAS, Tooele City Code (“TCC”) Chapter 7-16a provides for the establishment
of a Commercial Special District (“CSD”), and TCC §7-16a-3 specifically regulates the
eligibility and size requirements for CSDs; and,
WHEREAS, TCC §7-16a-3(2) has the following requirements regarding the size of a
CSD: (1) a minimum size of 50 acres; and, (2) that all acreage for inclusion in a single CSD
be contiguous and developable; and,
WHEREAS, on May 6, 2026, applicant Jake Finlinson (the “Applicant”) submitted
an ordinance amendment application, attached as Exhibit A, requesting the City to
consider an amendment to TCC §7-16a-3(2) that would permit a CSD to include noncontiguous acreage if the aggregate size of the CSD were larger than 125 acres; and,
WHEREAS, on June 24, 2026, the Planning Commission convened a duly noticed
public hearing, accepted written and verbal comment, considered the Staff Report and its
exhibits (attached as Exhibit B), and voted to forward its positive recommendation to the City
Council, with additional conditions; and,
WHEREAS, prior to the City Council’s consideration of the Applicant’s original
ordinance amendment application, the Applicant requested to amend its Application to include
a means by which a Land Use Map amendment may be considered concurrently as part of
the same application as a Commercial Special District application; and,
WHEREAS, on August 12, 2026, the Planning Commission convened a duly noticed
public hearing on the amended application, accepted written and verbal comment, considered
the Staff Report and its exhibits (attached as Exhibit B), and voted to forward its positive
recommendation to the City Council, with the following additional conditions: (1) remove the
language “includes not more than three parcels; and, (2) all use of the term “parcel” be
replaced with the term “geographical tract” or other appropriate terminology as determined by
the City Attorney (see the Planning Commission draft minutes attached as Exhibit C); and,
WHEREAS, City Administration has prepared Exhibit D, which incorporates the
Planning Commission’s recommendation into the Applicant’s proposal, as well as
grammatical and other corrections recommended by City Administration; and,
WHEREAS, on September 2, 2026, the City Council convened a duly-advertised

public hearing; and,
WHEREAS, the City Council has considered the potential impact that this Ordinance
may have on family health, stability, and formation:
NOW, THEREFORE, BE IT ORDAINED BY TOOELE CITY that Tooele City Code
§7-16a-3 is hereby amended to read as shown in Exhibit D.
This Ordinance is necessary for the immediate preservation of the peace, health,
safety, or welfare of Tooele City and shall become effective upon passage, without further
publication, by authority of the Tooele City Charter.
IN WITNESS WHEREOF, this Ordinance is passed by the Tooele City Council this
____ day of _______________, 2026.

TOOELE CITY COUNCIL

(For)

(Against)

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

ABSTAINING: ___________________________________________
(Approved)

MAYOR OF TOOELE CITY

______________________________

______________________________

ATTEST:

_________________________
Shilo Baker, City Recorder
SEAL

Approved as to Form:

(Disapproved)

_______________________
Matthew C. Johnson, City Attorney

Exhibit A

Proposed Amendments to TCC §7-16a-3

Ordinance Amendment Application
Community Development Department
90 North Main Street, Tooele, UT 84074
(43 5) 843-21 32 Fax (435) 843-2139
wwvv.tooelecity.gov
Notice: The applicant must submit copies of the map amendment proposal to be reviewed by the City in accordance with the terms of the Tooe le

City Code. Once plans for a map amendment proposal are submitted, the plans are subject to compliance reviews by the various city departments
and may be returned to the applicant for revision if the plans are found to be inconsistent with the requirements of the City Code and all other
applicable City ordinances. Al l submitted map amendment proposals shall be reviewed in accordance with the Tooele City Code. Submission of
a map amendment proposal in no way guarantees placement of the application on any particular agenda of any City reviewing body. It is stron gly
advised that all applications be submitted well in advance of any anticipated dead lines.

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Project Information
Date of Submission:
Project Name:

41' 1: 5lz:G ~6
CS D

Project Address:

5 I r,, ///,01--6

'
Text Ame n dment

V a rious

Ord inance(s) Proposed for
Amendments:

7 -1 6a - 3 .

(2 )

Proposed Language (What do you want the Ord inance to say):
Paragraph 2 of 7-16a-3 shal l be replaced with the f ol l owing :
12 ) Size. The mi nimum size fo r any application for a Commercial Special District shall be 50
acres . All acreage identified fo r inc l usion in a CSD sh all be contiguous and developable. In the
event the pro pos e d size of the CSD is ove r 125 acres, t he CSD does not need to be contiguous.
Land identified as having any of th e following conditions may be included within an CSD but shall
not be included in the calculation of minimum acreage for CSD eligibility:

Property Owner(s): l:'erry Homes, I nc
LH Perry Investments , LLC

Applicant(s):

Address:

Address:

17

E

Winchester

City:

St

17

Phone:

Contact Person:

Address:
Same
City:

a s

a p p licant

Phone:
Ce!lul"•·

I

Winches t er
SUtT

St
I

t 4 1 07

I

Zip:

80 1- 264 - 8800
a s

I E m oil·

Fax: NA

I

Murray

I ~i~:107

Phone:

S am e

E

Fin l i nso n

City:

I it~e:

Mur r ay

Jake

appl i cant

I State:

I

• Tl1e npplica lion you arc submiLting will become a public record pursuanl lo lhc provisions oflhe U1ah State Govcrnme □ t Records Access and Managemen t Act (GRANIA). You
arc asked to furn ish the information on this fonn for the purpose of identification and to expedite the processi ng of your request. This infmmation will be used only so far as
necessary for completi ng lhe transaction. If you decide not to su pply the requested information, you should be aware that your app li cation may taken longer time or may be
impossible to complete. If you arc an "at-risk government employee" as defined in Utah Code A.1111. § 63·2~302.5, please infonn the city employee accepti ng tttis information.
Tooele City does no t currently share your private, controlled or protec ted information wilh nny other pe rson or government entity.

Note to Applicant:
Ordinance Amendments are made by ordinance. Any change of the City ordinance shall follow all
procedures that are established by city and state law. Since the procedures must be followed precisely,
the time for amending the ordinance vary from as little as 2 ½ months to 6 months or more depending on
the size and complexity of the application and the t iming.

L\

For Office Use Only
Rece.ived By:

Date Received:

. (jJ. r__e;,

~p.#;

~~

1. Why is the ordinance amendment necessary. This amendment will allow fo r multiple
co mmercial hubs w ithin a la rge master planned community. This ensures that these hubs
have the same design st andards to be a cohesive part of t he community.
2. How does this proposed ordinance amendment benefit Tooele City as a whole. It
ensures co nsistent design standards across multiple com mercial hubs within a master
planned commun ity.
3. How does the ordinance as it is currently written not accomplish what you are desiring to
accomplish. The ordinance currently has a cap of 50 acres and a contiguous cla use.
4. Does this ordinance improve or otherwise impact the health, safety and welfare of
Tooele City and its residents. This doesn't negatively impact Tooele City or its residents . It
will provide a co hesive design standard across various commercial hubs within a
community.
5. Any other pertinent information that will support the ordinance amendment request.
This ordinance amendment req uest is connected to the previous CSD applications that
have been submitted by the applicant.

Exhibit B

Staff Report with its Exhibits

Community Development Department
STAFF REPORT
August 6, 2026

To:

Tooele City Planning Commission
Business Date: August 12, 2026

From:

Planning Division
Community Development Department

Prepared By:

Andrew Aagard, Community Development Director

Re:

Commercial Special Districts Minimum Qualifications– City Code Text Amendment Request
Applicant:
Request:

Jake Finlinson, representing Perry Homes, Inc.
Request for approval of a City Code Text Amendment to Tooele City Code 716a-3, Residential Special Districts Eligibility and Size, Regarding the
Minimum Land Requirements Necessary to Qualify for a Commercial Special
District and compliance with the Land Use Map of the General Plan.

BACKGROUND
LH Perry Investments has submitted this Ordinance Text Amendment application requesting a specific
amendment to Tooele City Code Title 7 Chapter 16a, CSD Commercial Special Districts. Particularly, TCC 716a-3, Residential Special Districts Eligibility and Size. No, that is not a typo, the CSD ordinance actually reads
“Residential” and will need to be changed. The applicant is the owner of three large but geographically separate
parcels. There is about 60 acres at 3100 North Main Street, about 36 acres at 600 West 1000 North and another
51 acres north of the Overlake Golf Course east of the City’s waste water treatment facility. Two of these
parcels qualify for a CSD due the parcels being larger than 50 acres. The parcel at 600 West 1000 North does
not qualify for a CSD as it is less than the required 50 acres.
The ordinance requires that in order to qualify for a CSD a property must be at least 50 acres and that the
property must be “contiguous and developable.” The requirement that the properties be contiguous was
intentionally included in the language of the code to prevent random pockets of CSD development from
popping up throughout the City on properties of varying sizes and configurations.
The applicant has approximately 147 acres when all three parcels are considered and the text amendment they
are proposing would permit a CSD to occur on non-contiguous properties if the aggregate size of the CSD is
larger than 125 acres. The proposed amendment would then permit the applicant to propose a CSD for all three
of their properties as one development under the same CSD standards. Otherwise they would be required to do
separate CSDs for the two properties that qualify and would be prohibited from doing a CSD on the 36 acre
property at 600 West 1000 North.
This item was heard by the Planning Commission during the June 24, 2026 meeting. At that meeting the
Planning Commission voted to recommend in favor of the proposed text amendment along with some edits of
their own. Since that meeting the applicant has chosen to amend their application and propose additional
changes to the ordinance regarding CSD qualifications. Those new amendments are directed at compliance
with the Land Use Map of the General Plan in order to qualify for a CSD.
ANALYSIS
If this amendment were to be adopted it would then permit the applicant to write a new and more inclusive
zoning code for all three properties at once. That would essentially be the biggest change from the code as it is
Amusement Facilities
City Code Text Amendment Request

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written today. Are there any detrimental or positive impacts from this? None that City Staff can readily
identify. Even if the properties were to develop under the same CSD zoning standards they would still be
subject to the same level of review and scrutiny they would have received if they each had their own CSD.
One point to consider. There aren’t that many commercial properties left in the City that would qualify for noncontiguous development remaining in the City of 125 acres or more. There might be some properties large
enough in the Tooele City Business Park (TCBP) but these properties are zoned Industrial and Industrial zones
don’t qualify for a CSD.
It should also be noted that the 51 acre parcel east of the City’s wastewater treatment facility and north of the
Overlake Golf Course is not zoned Commercial at this time and is included in the Compass Point RSD. In order
for a CSD to qualify on this property the Land Use Map would first need to be amended to a commercial
designation and then the RSD changed to include the CSD as part of a Zoning Map Amendment application.
These would need to happen before a CSD can be considered on this property.
Another qualification of a CSD is compliance with the Land Use Map of the Tooele City General Plan. The
properties being considered for a CSD shall first be designated on the Land Use Map as a commercial land use.
The applicant has amended this ordinance amendment application to essentially combine a Land Use Map
Amendment application into the same application as the CSD.
Ordinances Affected. TCC 7-16a-3. Residential Special Districts Eligibility and Size.
The proposed amendment will change language in the heading of the ordinance section and shall change the
word “Residential” to “Commercial” as this ordinance is applicable only to commercially designated properties.
This may be been a simple typo or overlook when the original ordinance was drafted but needs to be corrected.
The proposed amendment will add the following language to paragraph 1 of 7-16a-3.
1. The land use designation of the subject properties being considered for a CSD shall be reviewed as
part of the CSD application. If the CSD is approved the Land Use Map designation of the subject
properties shall be changed to Regional Commercial.
The proposed amendment will add the following language to paragraph 2 of 7-16a-3.
1. In the event the proposed size of the CSD is over 125 acres, the CSD does not need to be
contiguous properties.
2. Makes necessary grammatical changes.
Staff Edits. Staff has not proposed any edits to the applicants proposed text.
Criteria For Approval. The criteria for review and potential approval of a City Code Text Amendment request
is found in Sections 7-1A-7 of the Tooele City Code. This section depicts the standard of review for such
requests as:
(1)

No amendment to the Zoning Ordinance or Zoning Districts Map may be recommended by the
Planning Commission or approved by the City Council unless such amendment or conditions
thereto are consistent with the General Plan. In considering a Zoning Ordinance or Zoning
Districts Map amendment, the applicant shall identify, and the City Staff, Planning
Commission, and City Council may consider, the following factors, among others:
(a)
The effect of the proposed amendment on the character of the surrounding area.
(b)
Consistency with the goals and policies of the General Plan and the General Plan
Land Use Map.

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(c)
(d)
(e)
(f)

Consistency and compatibility with the General Plan Land Use Map for adjoining and
nearby properties.
The suitability of the properties for the uses proposed viz. a. viz. the suitability of the
properties for the uses identified by the General Plan.
Whether a change in the uses allowed for the affected properties will unduly affect the
uses or proposed uses for adjoining and nearby properties.
The overall community benefit of the proposed amendment.

REVIEWS
Planning Division Review. The Tooele City Planning Division has completed their review of the City Code
Text Amendment request and has issued the following comment:
1. This proposed ordinance amendment request is sound. Staff cannot identify any detrimental impacts
that will result from this amendment and the number of these CSD’s in Tooele City will be very limited
due to the lack of available commercial parcels large enough to qualify for a CSD.
2. Staff cannot readily identify any positive or detrimental impacts to the City from combining a Land Use
Map amendment application and a CSD application into one application as described in this proposal.
However, the request to combine does benefit the applicant by reducing the number of public hearings
they have to do, reduces the number of applications that are submitted and reduces the amount of fees
paid to the City.
Engineering and Public Works Review. The Tooele City Engineering Division and Public Works Department
has completed their review of the City Code Text Amendment request and has issued the following comment:
1. No comments from the City Engineer or the Public Works Department.
Noticing. The City staff have issued appropriate public notice as required in the City and State Codes.
STAFF RECOMMENDATION
Staff recommends the Planning Commission carefully weigh this request for a City Code Text Amendment
according to the appropriate tenets of the Utah State Code and the Tooele City Code, particularly Section 7-1A7(1) and render a decision in the best interest of the community with any conditions deemed appropriate and
based on specific findings to address the necessary criteria for making such decisions.
Potential topics for findings that the Commission should consider in rendering a decision:
1.
2.
3.
4.
5.
6.
7.
8.

The effect the text amendment may have on potential applications regarding the character of
the surrounding areas.
The degree to which the proposed text amendment may effect a potential application’s
consistency with the intent, goals, and objectives of any applicable master plan.
The degree to which the proposed text amendment may effect a potential application’s
consistency with the intent, goals, and objectives of the Tooele City General Plan.
The degree to which the proposed text amendment is consistent with the requirements and
provisions of the Tooele City Code.
The suitability of the proposed text amendment on properties which may utilize its provisions
for potential development applications.
The degree to which the proposed text amendment may effect an application’s impact on the
health, safety, and general welfare of the general public or the residents of adjacent properties.
The degree to which the proposed text amendment may effect an application’s impact on the
general aesthetic and physical development of the area.
The degree to which the proposed text amendment may effect the uses or potential uses for

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City Code Text Amendment Request

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9.
10.

adjoining and nearby properties.
The overall community benefit of the proposed amendment.
Other findings the Commission deems appropriate to base their decision upon for the proposed
application.

MODEL MOTIONS
Sample Motion for a Positive Recommendation – “I move we forward a positive recommendation to the City
Council for the proposed ordinance amendments to Tooele City Code 7-16a-3. Residential Special Districts
Elibility and Size, regarding minimum land requirements to qualify for a Commercial Special District, based on
the following findings:”
1.

List findings …

Sample Motion for a Negative Recommendation – “I move we forward a negative recommendation to the City
Council for the proposed ordinance amendments to Tooele City Code 7-16a-3. Residential Special Districts
Elibility and Size, regarding minimum land requirements to qualify for a Commercial Special District, based on
the following findings:”
1.

List findings …

Amusement Facilities
City Code Text Amendment Request

4

App. # P20-833

EXHIBIT A
PROPOSED AMENDMENTS WITH EDITS AND A CLEANED VERSION

7-16a-3. Residential Commercial Special Districts Eligibility and Size.
(1) Land Use. The Land Use Designation of the subject properties involved in an
application shall be reviewed as part of the process to consider and adopt a CSD. If the
CSD is adopted by the City Council, after recommendation by the Planning
Commission, the Land Use Map shall automatically be amended to a Regional
Commercial Land Use designation. Properties identified within an application for a
Commercial Special District shall first be identified on the Land Use Map of the General
Plan and assigned to a commercial land use designation. Mixed-use, special use, and
industrial land uses shall not be considered a commercial land use for the purpose of
considering eligibility for an CSD.
(2) Size. The minimum size for any application for a Commercial Special District shall
be 50 acres. All acreage identified for inclusion in an CSD shall be contiguous and
developable. In the event the proposed size of the CSD is over 125 acres, includes not
more than 3 parcels and each parcel being larger than 30 acres, the CSD does not
need to be contiguous. If the proposed CSD does not meet these three criteria the CSD
must comply with standard CSD qualification requirementsLand identified as having any
of the following conditions may be included within an CSD but shall not be included in
the calculation of minimum acreage for CSD eligibility:
(a) slopes prohibiting development;
(b) environmentally sensitive conditions, such as but not limited to drainage channels,
lakes, or ponds;
(c) preservation designations, such as conservation easements;
(d) publicly owned lands; or
(e) properties previously approved for development under a land use application or
building permit.
(3) Eligibility. Any application for a Commercial Special District that does not fully
comply with the requirements of this section shall be considered ineligible for
consideration as an CSD and denied.

7-16a-3. Commercial Special Districts Eligibility and Size.
(1) Land Use. The Land Use Designation of the subject properties involved in an
application shall be reviewed as part of the process to consider and adopt a CSD. If the
CSD is adopted by the City Council, after recommendation by the Planning
Commission, the Land Use Map shall automatically be amended to a Regional
Commercial Land Use designation. Mixed-use, special use, and industrial land uses
shall not be considered a commercial land use for the purpose of considering eligibility
for a CSD.
(2) Size. The minimum size for any application for a Commercial Special District shall
be 50 acres. All acreage identified for inclusion in a CSD shall be contiguous and
developable. In the event the proposed size of the CSD is over 125 acres, includes not
more than 3 parcels and each parcel being larger than 30 acres, the CSD does not
need to be contiguous. If the proposed CSD does not meet these three criteria the CSD
must comply with standard CSD qualification requirements. Land identified as having
any of the following conditions may be included within a CSD but shall not be included
in the calculation of minimum acreage for CSD eligibility:
(a) slopes prohibiting development;
(b) environmentally sensitive conditions, such as but not limited to drainage channels,
lakes, or ponds;
(c) preservation designations, such as conservation easements;
(d) publicly owned lands; or
(e) properties previously approved for development under a land use application or
building permit.
(3) Eligibility. Any application for a Commercial Special District that does not fully
comply with the requirements of this section shall be considered ineligible for
consideration as an CSD and denied.

EXHIBIT B
APPLICANT SUBMITTED INFORMATION

Ordinance Amendment AppHcation
Community Development Department
90 North Main Street, Tooele, UT 84074
(435) 843-2132 Fax (435) 843-2139
ww...v.tooelec ity.go v
Notice: The applicant must submit copies of the map amendment proposal to be reviewed by tbe City in accordance with the terms of the Tooele

City Code. Once plans for a map amendment proposa l are submitted , the plans are subject to compliance reviews by the various city departments
and may be returned to the applicant for revision if the plans are found to be incons istent with the requirements of the City Code and all other
applicable City ordinances. AJ I submitted map amendment proposals shall be reviewed in accordance with the Tooele City Code. Submission of
a map amendment proposal in no way guarantees placement of the application on any particular agenda of any City reviewing body. It is strongly
advised that all applications be submitted well in advance of any anticipated deadlines.

Date of Submission:

-

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Project Information
~

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I

Project Name:

CSD

Project Address:

T ext

Amendment

V a r i ous

Ordinance(s) Proposed for
Amendments:

7-16a-3.

(2)

Proposed Language {What do you want the Ordinance to say):
Paragraph 2 of 7-16a- 3 shall be replaced with the following:
12 ) Size. The mi nimum size for a ny application for a Commercial Special District shall be 50
acres . Al l acreage identified fo r inclusion in a CSD shall be cont iguous and developable. In the
event the pro pos ed size of the CSD is ove r 125 acres , t he CSD does not need to be contiguo us.
Land ide ntified as having any of the following conditions may be included within an CS D but shall
not be included in the calculation of mi nimum acreage for CSD eligibility :

Property Owner(s): Perry Homes , Inc
LH Perry Investments, LLC

Applicant(s):

Address:

Address:

17

E

Winchester

City:

I Jtfe:

Murray

St

Jake
17

Contact Person:

Address:
Same
City:

applicant

Phone:
Cellular:

I

Murra y
Phone:

as

Winchester

City:
I ~i~:107

Phone:

Same

E

Finl in son

Sutf

St
I

t~l07

I

Zip:

801 - 264 - 8800
as

applicant
I State:

I Emo;! •

I Fax: NA

*The applicalion you arc submilting will become a public record pursuant to lhc provisions of the Utah Slate Government Records Access and Management Act (GRAMA). You
arc asked to furnish the information on this fonn for the purpose of idenli ficalion and lo expedite the processing of your request. This information wilt be used onl y so far as
necessary for completing the transaction. If you decide not to supply the requested infonna ti on, you should be aware that yo ur application may take a longer time or may be
impossible to complete. If you arc an "at-risk government employe!!" as defined in Utah Code Ann.§ 63 2-302.5. please infom1 the city employee accepting this info rmat ion.
Tooele City does not currently share your private, controlled or protected information with any other person or governmen t entity.
4

Note to Applicant:
Ordinance Amendments are made by ordinance. Any change of the City ordinance shall follow all
procedures that are established by city and state law. Since the procedures must be followed precisely,
the time for amending the ordinance vary from as little as 2 ½ months to 6 months or more depending on
the size and complexity of the application and the timing.

L\

For Office Use Only
Received By:

Date Received:

. IP.'LC,,

App.#:

8~

1. Why is the ordinance amendment necessary. This amendment will allow for multiple

co m mercial hubs within a large master planned community. This ensures that these hubs
have the same design standards to be a cohes ive part of the community.
2. How does this proposed ordinance amendment benefit Tooele City as a whole. It
ensures co nsistent des ign standards across multiple com mercial hubs within a master
planned community.
3. How does the ordinance as it is currently written not accomplish what you are desiring to
accomplish . The ordinance currently has a cap of 50 acres and a contiguous clause.
4. Does this ordinance improve or otherwise impact the health, safety and welfare of
Tooele City and its residents. This doesn't negatively impact Tooele City or its residents . It
will provide a cohesive design standard across various commercial hubs within a
community.
5. Any other pertinent information that will support the ordinance amendment request.
This ordinance amendment request 1s connected to the previous CSD applications that
have been submitted by the applicant.

Exhibit C

Planning Commission Draft Minutes

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Business Meeting Minutes

Date: August 12, 2026
Time: 7:00 p.m.
Place: Tooele City Hall, Council Chambers
90 North Main Street, Tooele, Utah
Planning Commissioners Present:
Melanie Hammer
Chris Sloan
Jon Proctor
Tyson Hamilton
Weston Jensen
Kelley Anderson
Sarah Faircloth, Alternate
Frank Linford, Alternate
Excused:
Amanda Cordova
Council Member Liaisons:
Ed Hansen
Jon Gossett, Excused
Staff Present:
Andrew Aagard, Community Development Director
Anna Anglin, City Planner
Matt Johnson, City Attorney
Paul Hansen, City Engineer
Teresa Young, Clerk/Minute Composition
Minutes Prepared by Teresa Young
1. Pledge of Allegiance
Chairman Hamilton opened the meeting at 7:00 p.m. and led the Pledge of Allegiance.
Chairman Hamilton provided a quick announcement for applicants, the public, and everyone involved:
“There has been a significant increase in fraudulent phishing requests using information from public
notices related to Planning Commission meetings. Please be aware that Tooele City only collects fees at
the time of application submittal and will never request additional payments via wire transfer. All
official emails from Tooele City will end in @tooelecity.gov. If you receive a payment request from
any other email after submitting your application, it is fraudulent. Do not send money, and please
contact the Tooele City Community Development Department immediately to report it. Stay vigilant
and protect your information and assets.”
2. Roll Call
Melanie Hammer, Present
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Chris Sloan, Present
Sarah Faircloth, Present
Weston Jensen, Present
Kelley Anderson, Present
Jon Proctor, Present
3. Public Hearing To consider a Conditional Use Permit request by Matthew Clawson to authorize a
detached accessory structure that exceeds the 8% maximum lot coverage restriction in the R1-7
zoning district, located at approximately 346 East 200 South
Ms. Anglin presented a request for a Conditional Use Permit for a detached accessory structure at 346
East 200 South in the R17 Residential Zone. The proposed structure would increase the combined
detached accessory structure coverage to 17.2% of the lot, exceeding the 8% limitation; however, total
lot coverage would remain below the 35% maximum allowed in the R17 zone. The proposal would
remove an existing non-complying shed and replace it with a structure that meets all applicable
setbacks, separation, and utility easement requirements. Planning Staff noted that detached garages and
accessory structures of varying sizes are common in the older neighborhood and did not anticipate
significant adverse impacts to surrounding properties. Planning Staff recommended approval, subject to
limiting the detached accessory structure coverage to the approved 17.2% and requiring all applicable
building permits and inspections.
Chairman Hamilton opened the public hearing at 7:05 p.m. Seeing no members of the public coming
forward, Chairman Hamilton closed the public hearing at 7:06 p.m.
Motion: Commissioner Linford moved to approve the Conditional Use Permit Request by
Matthew Clawson, for the purpose of permitting a detached accessory structure to exceed the 8%
total lot coverage restrictions, application number 2026054, based on the findings and subject to
the conditions listed in the Staff Report dated August 5, 2026. Commissioner Anderson seconded
the motion. The vote was as follows: Commissioner Hammer, “Aye”; Commissioner Sloan, “Aye”;
Commissioner Proctor, “Aye”, Commissioner Linford, “Aye”; Commissioner Jensen, “Aye”;
Commissioner Anderson, “Aye”; and Chairman Hamilton, “Aye”. The motion passed 7-0.
Commissioner Sloan suggested that the Planning Commission consider revisiting the 8% limitation on
detached accessory structures while maintaining the existing 35% maximum total lot coverage. He
noted that allowing greater accessory structure coverage could provide property owners more flexibility
and reduce the need for extensive landscaping, while still maintaining the overall lot coverage
restriction. Planning Staff indicated they could research how other cities regulate accessory structures
and bring the information back for the Commission’s consideration.
4. Public Hearing and Recommendation on a proposed text amendment request by Perry Homes,
and LH Perry Investments to Tooele City Code Title 7 Chapter 16a-3, Residential Special
Districts Eligibility and Size, regarding the contiguity requirement qualification of proposed
Commercial Special Districts and initial compliance with the City’s Land Use Map of the General
Plan
Mr. Aagard and the Planning Commission discussed the applicant’s proposed text amendment to the
Commercial Special District (CSD) ordinance. Mr. Aagard explained that the applicant had revised the
proposal since the Planning Commission’s previous review, including a request to allow the land use
map amendment to be considered as part of the CSD application. The applicant, Jake Finlinson with

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Perry Commercial, explained that the proposed changes would allow several areas to be included within
one CSD and would help plan for a potential future transportation corridor.
The primary discussion centered on the proposed limitation of no more than three parcels. The applicant
explained that this restriction would require multiple CSD applications and would be more
cumbersome. Planning Commissioners discussed the distinction between individual parcels and larger
continuous tracts of land and agreed that the wording could create confusion. The Planning
Commission generally supported removing the three-parcel limitation while maintaining a 30-acre
minimum and using clearer terminology such as “tract of land” or “geographical area.” Planning Staff
was asked to wordsmith the amendment to clearly reflect the Planning Commission’s intent.
The applicant also explained that combining the land use map amendment with the CSD application
would make the process more consistent with the residential special district process and eliminate an
additional application and waiting period.
The discussion concluded with the Planning Commission generally supportive of the proposed changes,
with staff to clarify the language before the item proceeds to the City Council.
Chairman Hamilton opened the public hearing at 7:25 p.m. Seeing no members of the public coming
forward, Chairman Hamilton closed the public hearing at 7:25 p.m.
Motion: Commissioner Sloan motion to move forward a positive recommendation to the City Council
for the proposed ordinance amendments to Tooele City Code 7-16a-3. Residential Special Districts
Eligibility and Size, regarding minimum land requirement to qualify for a Commercial Special District.
To include the staff-recommended changes to remove the language “includes not more than three
parcels” and to replace the term “parcel” with “geographical tract” or other appropriate terminology
as determined by the City Attorney. Commissioner Proctor seconded the motion. The vote was as
follows: Commissioner seconded the motion. The vote was as follows: Commissioner Hammer, “Aye”;
Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Linford, “Aye”;
Commissioner Jensen, “Aye”; Commissioner Anderson, “Aye”; and Chairman Hamilton, “Aye”. The
motion passed 7-0.
5. Public Hearing and Recommendation on a proposed partial street vacation of a twenty (20) foot
strip of public right-of-way along the southern portion of Utah Avenue, extending approximately
738 linear feet between the railroad crossing to the west and the 1100 west Intersection to the east,
which would reduce the existing right-of-way width of Utah Ave from approximately 109 feet to
approximately 89 feet
Ms. Anglin presented a request to vacate a 20-foot strip of excess right-of-way along the south side of
Utah Avenue. The City supports the vacation because the railroad crossing to the west is not expected
to be expanded, so the additional right-of-way is not anticipated to be needed for future roadway
improvements. The vacated area would be joined with the property to the south.
The primary concern raised during the noticing process involved an existing gas line and the associated
utility easement. The proposed ordinance reserves a perpetual public utility easement over the vacated
area, protecting existing and future utilities. Planning Staff found no anticipated impacts to
transportation, emergency access, or other public functions and determined that the statutory criteria for

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the vacation were met. Planning Staff recommended approval of the ordinance by the Planning
Commission and City Council.
Chairman Hamilton opened the public hearing at 7:30 p.m. Seeing no members of the public coming
forward, Chairman Hamilton closed the public hearing at 7:30 p.m.
Motion: Commissioner Jensen move that the Planning Commission forward a recommendation to the
City Council for approval of Ordinance No. 2026-22, vacating a 20-foot portion of the Utah Avenue
public right-of-way extending approximately 738 linear feet between 1100 West and the railroad tracks,
application number 2026052, based on the finding contained in the Staff Report dated August 5, 2026.
Commissioner Linford seconded the motion. The vote was as follows: Commissioner Hammer, “Aye”;
Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Linford, “Aye”;
Commissioner Jensen, “Aye”; Commissioner Anderson, “Aye”; and Chairman Hamilton, “Aye”. The
motion passed 7-0.
6. Public Hearing and Recommendation on proposed amendments to Tooele City Code Tile 7,
Uniform Zoning Code of Tooele City, by adopting Chapter 11c Design Standards: Commercial,
establishing architectural standards for commercial development in Tooele City’s commercial,
industrial and mixed-use zoning districts
Mr. Aagard presented proposed amendments to Title 7, Chapter 11C establishing architectural design
standards for commercial development. The proposed standards are intended to maintain the quality and
appearance of commercial development already occurring in the City rather than create unnecessary
burdens for developers. The standards address building facades, roofline variation, exterior materials,
mechanical equipment screening, dumpster enclosures, drive-through screening, commercial accessory
structures, and shipping containers.
The Planning Commission discussed several concerns and potential revisions, including how the
standards would apply to the downtown overlay and historic buildings, clarification of the language for
drive-through screening, the 75% limitation on a single building material or color, and how the
standards would apply to visible versus less-visible building facades. Planning Commissioners also
discussed the treatment of existing buildings and major renovations and whether older structures should
receive an exemption or be treated differently.
The Planning Commission generally supported the concept of having architectural standards but
expressed concern about unintended consequences and the possibility of overly restrictive or subjective
requirements in the future. Planning Commissioners discussed using the appeal process as a way to
address unique buildings, corporate branding, historic structures, or other circumstances that do not fit
the standard requirements.
The Planning Commission ultimately identified several items for Planning staff to review and clarify
before moving forward, including a possible downtown overlay or historic-building exemption, revised
drive-through screening language, clarification of the 75% material requirement, identification of which
building facades are subject to the standards, and consideration of a date-based exemption for existing
structures. The item was discussed as a potential candidate to be tabled while Planning staff makes the
requested revisions.
Chairman Hamilton opened the public hearing at 8:11 p.m.

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Dave Staple, who identified himself as being involved with the Tooele Flexplex, spoke in support of
considering the zoning context when applying the proposed architectural standards. He explained that in
some industrial areas, particularly those zoned L1, metal buildings are common because they are often
necessary to make projects financially feasible. He expressed concern that requiring extensive
architectural features such as columns, arches, or enhanced facades in an area already dominated by
metal industrial buildings could make a new building look out of place and inconsistent with the
surrounding development.
At the same time, Mr. Staple acknowledged the value of architectural standards in areas where the
surrounding development has a different character. He agreed that a metal building placed in an area
where more attractive or traditional architectural features are expected may appropriately require a
facade treatment or other design elements.
Mr. Staple suggested that the City take a closer look at which zoning districts and areas the proposed
architectural standards would apply to, rather than applying the same requirements uniformly. He
specifically noted that imposing requirements designed for more commercial or visually prominent
areas on industrial areas such as the Depot could result in buildings that do not fit the existing character
of the area and could create unnecessary costs. He encouraged the Planning Commission to consider the
existing development and character of each area when determining the appropriate architectural
standards.
Seeing no other members of the public, Chairman Hamilton closed the public hearing at 8:12 p.m.
Motion: Commissioner Linford moved to forward a positive recommendation to the City Council
to adopt the proposed Tooele City Code Title 7, Chapter 11C, Design Standards for Commercial
Ordinance, as included in Exhibit A of the report. The motion included recommendations to
revise the wording regarding “screening” and to clarify the definition of the building
sides/facades subject to the standards. Commissioner Linford stated that the remaining concerns
could be addressed through the ordinance’s existing appeal process. Commissioner Hammer
seconded the motion.
Planning Commissioners, Councilman Hansen, and Mr. Aagard discussed the proposed commercial
architectural standards and how they should apply to different areas of the City. Councilman Hansen
raised concerns about applying the standards to industrial areas where metal buildings may be necessary
to make projects financially feasible. The discussion focused on whether the standards should be
modified or limited in industrial zones while still addressing the appearance of buildings that are highly
visible from public rights-of-way and major City gateways.
The group generally agreed that the intent of the ordinance is to improve the appearance of
development as viewed from public areas rather than unnecessarily restrict businesses or dictate how
they design their buildings. Councilman Hansen emphasized the importance of balancing property
rights and development costs with the City's goal of maintaining attractive gateways. The discussion
also addressed established corporate branding, with IKEA used as an example, and whether the
ordinance's corporate-branding provision would allow distinctive designs without requiring an appeal.
The Planning Commissioners and Councilman Hansen also discussed how the standards could affect
older and existing buildings when structural renovations are made. Concern was expressed that
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for property owners. The possibility of grandfathering provisions or other language to address existing
buildings was discussed.
Mr. Aagard and the Planning Commission also considered whether additional revisions were needed
regarding industrial zones, visibility from public rights-of-way, corporate branding, existing buildings,
and the overall purpose and scope of the ordinance. The discussion recognized that the proposed
standards are new and may need to be adjusted over time as the City gains experience applying them.
Councilman Hansen indicated that he was comfortable with the Planning Commission forwarding its
recommendation to the City Council, where the Council could further review and revise the ordinance
as needed.
The vote was as follows: Commissioner Hammer, “Aye”; Commissioner Sloan, “Aye”; Commissioner
Proctor, “Nay”, Commissioner Linford, “Aye”; Commissioner Jensen, “Nay”; Commissioner
Anderson, “Nay”; and Chairman Hamilton, “Nay”. Motion was 2-5. Motion did not pass.
Motion: Commissioner Sloan moved to table the proposed commercial architectural standards
ordinance to allow Mr. Aagard additional time to review the Planning Commission’s comments
and refine the proposed ordinance. The motion was intended to allow staff to further develop the
proposal rather than send it to the City Council before the Commission was comfortable with the
language. Commissioner Proctor seconded the motion. The vote was as follows: Commissioner
Hammer, “Aye”; Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Linford,
“Aye”; Commissioner Jensen, “Aye”; Commissioner Anderson, “Aye”; and Chairman Hamilton,
“Aye”. The motion passed to table 7-0.
7. Decision on a Site Plan Review approval requested by Larry Jacobson, representing SandRock
Development, for the Millennial Park Phase 2 Townhomes Subdivision, a proposed 24-unit
townhome development on approximately 1.5 acres located at the northeast corner of 400 North
and 300 West in the MR-16 Multi-Family Residential zoning district
Ms. Anglin presented a request to reapprove the Millennial Park Phase Two Site Plan. The Planning
Commission originally approved the project in December 2023, but that approval has since expired.
The proposed development includes 24 individual townhome lots, common landscaped areas, a
children’s play area, and required parking. Due to the proximity of the northern private drive to
Henwood Drive, the applicant has agreed to restrict the connection to one-way ingress and emergency
access only.
Planning Staff determined that the proposed development meets or exceeds the City’s multifamily
design standards and recommended approval, subject to outstanding Engineering and Public Works
comments being addressed as a condition of approval. During the discussion, Commissioner Linford
declared a conflict of interest and requested an ex parte exclusion from the dais. He stated that he would
abstain from voting on the item.
Motion: Commissioner Proctor moved to approve the Site Plan Design Review request by Larry
Jacobson, representing SandRock Development for Millennial Park Phase 2, application number
2025101, based on the findings and subject to the conditions listed in the Staff Report dated June 17,
2026. Commissioner Anderson seconded the motion. The vote was as follows: Commissioner Hammer,
“Aye”; Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Linford abstained
due to conflict of interest; Commissioner Jensen, “Aye”; Commissioner Anderson, “Aye”; and

Tooele City Planning Commission
Business Meeting Minutes

Page 6 of 7

August 12, 2026

~

e[e ~
Est . 1853

Development Department
~ - - - - Community
------

Chairman Hamilton, “Aye”. The motion passed 6-0.
8. City Council Reports
Councilman Hansen provided an update on the recent City Council discussion regarding data centers.
He noted that the City Council recently voted not to allow data centers at this time, while allowing the
City to evaluate the issue in the future as more information becomes available.
He also reported that the long-discussed property between the Masonic Temple and the Depot has
changed direction. The previously anticipated development will no longer move forward following the
City Council’s approval of changes involving the property donation to the City. The City will now
retain the property, providing an opportunity for a future public use, potentially including a park.
9. Decision Review and Decision – July 22, 2026 Planning Commission meeting minutes
There were not corrections to the minutes.
Motion: Commissioner Anderson moved to approve the July 22, 2026 Planning Commission Meeting
Minutes. Commissioner Proctor seconded the motion. The vote was as follows: Commissioner Hammer,
“Aye”; Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”; Commissioner Linford, “Aye”;
Commissioner Jensen, “Aye”; and Commissioner Anderson, “Aye.” Chairman Hamilton was absent
from the July 22, 2026 meeting and did not participate in the vote. The motion passed 6-0.
10. Adjourn
Chairman Hamilton adjourned the meeting at 8:35 p.m.
Note: The content of the minutes is not intended, nor submitted, as a verbatim transcription of the meeting.
These minutes are a brief overview of what occurred at the meeting.
Approved this ________ day of August, 2026
______________________________________
Tyson Hamilton, Tooele City Planning Commission Chair

Tooele City Planning Commission
Business Meeting Minutes

Page 7 of 7

August 12, 2026

Exhibit D

Proposed Amended TCC § 7-16a-3
as Recommended by Planning Commission

7-16a-3. Residential Commercial Special Districts Eligibility and Size.
(1) Land Use. The Land Use Designation of the subject properties involved in an
application shall be reviewed as part of the process to consider and adopt a CSD. If the
CSD is adopted by the City Council, after recommendation by the Planning
Commission, the Land Use Map shall automatically be amended to a Regional
Commercial Land Use designation. Properties identified within an application for a
Commercial Special District shall first be identified on the Land Use Map of the General
Plan and assigned to a commercial land use designation. Mixed-use, special use, and
industrial land uses shall not be considered a commercial land use for the purpose of
considering eligibility for an CSD.
(2) Size. The minimum size for any application for a Commercial Special District shall
be 50 acres. All acreage identified for inclusion in an CSD shall be contiguous and
developable. In the event the proposed size of the CSD is over 125 acres and each
individual tract of land being larger than 30 acres, the CSD does not need to be
contiguous. If the proposed CSD does not meet these three criteria the CSD must
comply with standard CSD qualification requirements Land identified as having any of
the following conditions may be included within an CSD but shall not be included in the
calculation of minimum acreage for CSD eligibility:
(a) slopes prohibiting development;
(b) environmentally sensitive conditions, such as but not limited to drainage channels,
lakes, or ponds;
(c) preservation designations, such as conservation easements;
(d) publicly owned lands; or
(e) properties previously approved for development under a land use application or
building permit.
(3) Eligibility. Any application for a Commercial Special District that does not fully
comply with the requirements of this section shall be considered ineligible for
consideration as an CSD and denied.

TOOELE CITY CORPORATION
ORDINANCE 2026-23
AN ORDINANCE OF THE TOOELE CITY COUNCIL CREATING THE COMPASS
POINT COMMERICAL SPECIAL DISTRICT, THEREBY AMENDING THE TOOELE
CITY ZONING MAP AND REASSIGNING THE LAND USE DESIGNATION FOR
PROPERTIES IDENTIFIED AS AREA “A” AT 3100 NORTH AND SR-36, AREA “B” AT
800 WEST AND 1000 NORTH, AREA “C” AT 3300 NORTH 400 WEST, AND AREA
“D” AT 1200 WEST AND 2400 NORTH.
WHEREAS, Utah Code §10-20-401, et seq., requires and provides for the adoption
of a “comprehensive, long-range plan” (hereinafter the “General Plan”) by each Utah city
and town, which General Plan contemplates and provides direction for (a) “present and
future needs of the community” and (b) “growth and development of all or any part of the
land within the municipality”; and,
WHEREAS, the Tooele City General Plan includes various elements, including
water, sewer, transportation, and land use. The Tooele City Council adopted the Land
Use Element of the Tooele City General Plan, after duly-noticed public hearings, by
Ordinance 2020-47, on December 16, 2020, by a vote of 5-0; and,
WHEREAS, the Land Use Element (hereinafter the “Land Use Plan”) of the
General Plan establishes Tooele City’s general land use policies, which have been
adopted by Ordinance 2020-47 as a Tooele City ordinance, and which set forth
appropriate Use Designations for land in Tooele City (e.g., residential, commercial,
industrial, open space); and,
WHEREAS, the Land Use Plan reflects the findings of Tooele City’s elected
officials regarding the appropriate range, placement, and configuration of land uses within
the City, which findings are based in part upon the recommendations of land use and
planning professionals, Planning Commission recommendations, public comment, and
other relevant considerations; and,
WHEREAS, Utah Code §10-20-501, et seq., provides for the enactment of “land
use [i.e., zoning] ordinances and a zoning map” that constitute a portion of the City’s
regulations (hereinafter “Zoning”) for land use and development, establishing order and
standards under which land may be developed in Tooele City; and,
WHEREAS, a fundamental purpose of the Land Use Plan is to guide and inform
the recommendations of the Planning Commission and the decisions of the City Council
about the Zoning designations assigned to land within the City (e.g., R1-10 residential,
neighborhood commercial (NC), light industrial (LI)); and,
WHEREAS, on July 21, 2021, the City Council approved Ordinance 2021-27,
enacting Tooele City Code Chapter 7-16a regarding Commercial Special Districts (CSD),

in which developers and the City can negotiate and enact a unique zoning district and
land use regulation governing development in the CSD; and,
WHEREAS, on September 2, 2026, the City Council approved Ordinance 202620, amending Tooele City Code § 7-16a-3 regarding the eligibility and size criteria for a
CSD, and allowing for a concurrent amendment of the Land Use Designation to a
Regional Commercial (RC) land use; and,
WHEREAS, under Tooele City Code § 7-16a-5 approval or denial of a CSD
application shall be based on at least the following: (1) whether the proposed CSD “will
result in the development of properties in a manner that is not reasonably feasible under
the terms of zoning districts identified in Table 1 of Chapter 7-16”; (2) whether the
proposed CSD “will result in the development of properties in a manner that will provide
a substantial benefit to the City”; and, (3) whether the proposed CSD “will result in the
development of properties in a manner that provides uses, configuration, and/or product
types that are unique to the community or address a documented deficiency in the
market”; and,
WHEREAS, the City has received an application for the Compass Point CSD from
Perry Homes entities, seeking to create a CSD including four non-contiguous tracts
totaling approximately 398.1 acres (see CSD application attached as Exhibit A),
consisting of Area “A” at approximately 116 acres, Area “B” at approximately 38.9 acres,
Area “C” at 51 acres, and Area “D” at approximately 192.2 acres; and,
WHEREAS, Area A currently includes zoning predominantly for General
Commercial (GC) with a small portion zoned Compass Point RSD, and includes Land
Use Designations for Regional Commercial (RC) and Medium Density Residential (MDR);
and,
WHEREAS, Area B currently includes zoning for Neighborhood Commercial (NC)
and a Land Use Designation of Community Commercial (CC); and,
WHEREAS, Area C currently includes zoning for Compass Point RSD and a Land
Use Designation of Medium Density Residential (MDR); and,
WHEREAS, Area D currently includes zoning for Compass Point RSD and a Land
Use Designation of Medium Density Residential (MDR); and,
WHEREAS, pursuant to Tooele City Code § 7-16a-3, as amended by City Council
on September 2, 2026, upon approval of the proposed Compass Point CSD, the Land
Use Designations of Areas A, C, and D, shall be amended to Regional Commercial (RC);
and,
WHEREAS, the Compass Point CSD will be governed by the CSD land use
regulation document attached as Exhibit B; and,

WHEREAS, City Administration presented to the Planning Commission the
Compass Point CSD (see the City staff report contained in Exhibit C); and,
WHEREAS, on August 26, 2026, the Planning Commission convened a dulynoticed public hearing, accepted public comment, and voted 6-1 to forward its positive
recommendation to the City Council (see Planning Commission minutes attached as
Exhibit D); and,
WHEREAS, on September 2, 2026, the City Council convened a duly-noticed
public hearing; and,
WHEREAS, the City Council has considered the potential impact that this Ordinance
may have on family health, stability, and formation:
NOW, THEREFORE, BE IT ORDAINED BY THE TOOELE CITY COUNCIL that:
1. this Ordinance and the CSD zoning amendments proposed therein, including the
resulting Land Use Designation amendment, will result in the development of
properties in a manner that is not reasonably feasible under the terms of zoning
districts identified in Table 1 of Chapter 7-16; and,
2. this Ordinance and the CSD zoning amendments proposed therein, including the
resulting Land Use Designation amendment, will result in the development of
properties in a manner that will provide a substantial benefit to the City; and,
3. this Ordinance and the CSD zoning amendments proposed therein, including the
resulting Land Use Designation amendment, will result in the development of
properties in a manner that provides uses, configuration, and/or product types that
are unique to the community or address a documented deficiency in the market;
and,
4. the Land Use Designation is hereby amended for the approximately 398.1 acres
of Perry Homes entity property located in Areas A, C, and D to a Regional
Commercial (RC) land use; and,
5. the Zoning Map is hereby amended for the approximately 398.1 acres of Perry
Homes entity property located in Areas A, B, C, and D of the City to be known as
Compass Point Commercial Special District, as shown in the attached CSD land
use regulation document (Exhibit B); and,
6. the Compass Point CSD zoning district is hereby created, and shall be governed
under the terms of the Compass Point CSD land use regulation document (Exhibit
B), and to the extent not so governed, will be governed by the Tooele City Code;
and,
7. Tooele City Code Chapter 7-16c is hereby enacted for the Compass Point CSD.
This Ordinance is necessary for the immediate preservation of the peace, health,
safety, or welfare of Tooele City and shall become effective immediately upon passage,
without further publication, by authority of the Tooele City Charter.

IN WITNESS WHEREOF, this Ordinance is approved by the Tooele City
Council this ____ day of _______________, 2026.

TOOELE CITY COUNCIL

(For)

(Against)

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

ABSTAINING: ___________________________________________
(Approved)

MAYOR OF TOOELE CITY

______________________________

(Disapproved)

______________________________

(If the mayor approves this ordinance, the City Council passes this ordinance with the Mayor’s approval. If the Mayor disapproves
this ordinance, the City Council passes the ordinance over the Mayor’s disapproval by a super-majority vote (at least 4). If the Mayor
neither approves nor disapproves of this ordinance by signature, this ordinance becomes effective without the Mayor’s approval or
disapproval. UCA 10-3-704(11).)

ATTEST:

_________________________
Shilo Baker, City Recorder
SEAL

Approved as to Form:

___________________________
Matthew C. Johnson, City Attorney

Exhibit A

CSD Application

Commerd.all Sped.all Diistriict Appliica1to.oj]].
Commun ity Development Department
90 North Main Street, Tooele, UT 84074
(435) 843 -2132 Fax (435) 843-2139
www .tooelecity.org
Notice: 1l1e appl icant must submit copies of the text amendment proposal to be reviewed by the City in accordance with the terms of the Tooele
City Code. Once a Commerc ial Special District proposal is submitted, the proposal is subject to compliance reviews by the various city departments
and may be returned to the applicant for revision if the proposal is found to be inconsistent with the requirements of the City Code and all other
applicable City ordinances. All submitted Commercial Special District proposals shall be reviewed in accordance with the Tooele City Code.
Submission ofa text amendment proposal in no way guarantees placement of the application on any particular agenda of any City reviewing body.
It is strongly advised that all applications be submitted well in advance of any anticipated dead lines.

Project Info rmation
Date o!l/1r{s;:21b 2 6
Address:

,.

"

I

Applicant Name:

·,

..

Jake Finlinson

17 E Winchester St . Murray , UT 84107

Phone:

I

I Email:

Alternate Phone:

Project Site Address :

See lega l description attached .
Brief Summary of Proposal :

As part of the Compass Point planned commercial , we would like
change the commercial standards to allow for maximum flexibility
We believe these changes will help to incentivize many national
and regiona l users to be a part of Compass Point and Tooele .

Applicant Signature:

*The application you are submitti ng will become a public record pursuant LO the provisions of the Utah Slate Government Records Access and Management Act (GR.A!vlA). You
are asked to furnish the information on this form for the purpose of iden tification and to expedite the processing of your request. This information wi ll be used only so far as
necessary for completing the transaction. lfyou decide not to supply the requested information. you should be aware that your application may take a longer time or may be
impossible to complete. If you are an "at-risk government employee" as defined in U,ah Code Ann § 63-2-302.5, please inform the city employee accepting this information.
Tooele City does nol currently share your private. controlled or protected infonnation wi th any other person or government entity .

Note to Applicant:
Commercial Special Districts are approved by ordinance. Any change to an approved Commercial
Special District requires an amendment by ord inance for which the procedures are established by city and
state law. Since the procedures must be foll owed precisely, the time for amending Commercial Special
District may vary fro m as little as 2½ months to 6 months or more depending on the size and complexity
of the desired ame ndments and the timi ng.

Received By:

I

For Office Use Only
Date Received:

I

Fees:

.

I App .#:

Exhibit B

Compass Point CSD Document

COMPASS POINT
commercial special district

prepared by

Fftus
CONSULT

I NG

TABLE OF CONTENTS
03.

purpose & intent

04.

proposed bubble plan

05.

permitted & conditional uses

07.

development standards

08.

utility lines

08.

landscape standards

09.

fencing & screening

09.

lighting

10.

off-street parking

11.

architectural / vertical

11.

amenities

11.

transportation

12.

signage

13.

example images

14.

legal descriptions

2

COMPASS POINT
COMMERCIAL SPECIAL DISTRICT
purpose & intent
The purpose of the Compass Point Commercial Special District (CSD) is to establish
a clear, master-planned framework for commercial development within the broader
Compass Point community. Consistent with the intent of the Tooele City Commercial
Special District, this CSD establishes customized development standards tailored to the
unique character and objectives of Compass Point. These standards provide a coordinated
approach to site planning, architecture, landscaping, circulation, and development while
allowing flexibility beyond the City’s standard zoning regulations to achieve a cohesive, high
quality commercial environment. This CSD will provide elevated lighting, landscaping, architectural, screening, and signage standards above that which is in the current commercial ordinance.
The Compass Point CSD is intended to:
• Enable a cohesive commercial environment that supports daily services,
employment, and destination-oriented retail/entertainment uses.
• Ensure compatibility with adjacent residential neighborhoods through lighting
controls and internal connectivity.
• Provide predictable development standards for future users.
This CSD is the governing document for development standards within the Compass
Point Commercial Special District. Development standards not specifically addressed
herein shall be governed by the applicable provisions of the Tooele City Code..

3

LEGEND
RESIDENTIAL

400 WEST

FUTURE COUNTY ARTERIAL ROAD

1200 WEST

C

I
I

OPEN SPACE (GOLF COURSE OR DETENTION)

I
I

OPEN SPACE (PARKS)
COMMERCIAL / INDUSTRIAL

EXISTING
ROUNDABOUT
EXISTING
ROUNDABOUT

3000 NORTH

A

PUBLIC FACILITIES OF INTEREST

MAIN STREET/HIGHWAY 36

3100 NORTH

PRIVATE FACILITIES OF INTEREST

tabulations

2800 NORTH

M-20 ZONE

total acreage
398.1 acres
OFF-SITE
PARKS
116 acres
area A

BERRA BLVD

400 WEST

R-7 ZONE

EXISTING FLOODPLAIN
38.9 acres
area B

2600 NORTH

area C
51 acres
COMMERICAL/INDUSTRIAL
OVERLAY

192.2 acres

legend

2400 NORTH

GHWAY

36

66' MINOR
COLLECTOR (PROPOSED)
special district1
1111 commercial

REET/HI

district
CJ residential84'special
MAJOR
COLLECTOR (EXISTING)

---

collector
••• 66’ existing
84'subMAJOR
COLLECTOR (PROPOSED)

MAIN ST

2200 NORTH

66’ proposed sub- collector

106' ARTERIAL (EXISTING)

69’ proposed sub- collector with trail

106' ARTERIAL (PROPOSED)
major collector
• •• 84’ existing

900 WEST

POD major
BOUNDARY
84’ proposed
collector

103’ proposed
modified
major collector
PROJECT
BOUNDARY

• •• 106’ existing arterial

106’ proposed arterial
TABULATION:

A

B

L

V

D

existing arterial with trail corridors
•TOTAL
•• 125’PROJECT
AREA = 1,251.2 ACRES
D project boundary

36
GHWAY
REET/HI

boundaryUNITS
MAX project
ALLOWABLE
= 3600

MAIN ST

residential special district

OPEN
SPACE = 335.2 ACRES (26.8%)
Note:

•

FR

A

N

K

S

D

R

IV

E

400 WEST

B

E

R

R

1500 NORTH

B

GRAPHIC SCALE

1000 NORTH/HIGHWAY 112
800

0

400

800

1600

( IN FEET )
1 inch = 800ft.

3200

1. Acreage designated within Area B may be transferred to Area D.
Such adjustments shall not result in an increase to the total commercial
acreage authorized for commercial or industrial uses within the
Overlake Properties. Any commercial acreage transferred from Area
B to Area D pursuant to this provision shall thereafter be governed by
the Compass Point Residential Special District Plan and applicable
residential land use designations and development standards.

4

verlake 1,300 Acres\design 23-0260\dwg\Special Commercial District\23-0260 Commercial Master Bubble Plan 071726.dwg

2000 NORTH

2000 NORTH

1200 WEST

BUBBLE PLAN

proposed

D

area D - see boundary exhibit

66' MINOR COLLECTOR (EXISTING)

PERMITTED &
CONDITIONAL USES
Accessory Building

P

Cultural Activities and Uses

P

Heliport

C

Personal Services

P

Accessory Drive
Through Facility1

C

Day-Care/
Pre-School Center

P

Hotel

P

Pet Shop/Pet Grooming

P

Accessory Dwelling
Unit for Caretaker
Only

C

Dry Cleaner

C

C

Pharmacy

P

C

Fast Food Restaurant

P

Indoor/Enclosed
Storage

P

Private Club/Bar

C

-

Financial Services

P

Laundromat

Accessory Outdoor
Sales and Display
Incidental to an
Allowed Use
Accessory Outside
Storage

-

C

Hotel

(with outdoor use)

Flex

-

Professional Office (may

P

be located within an
existing structure)

P

Amusement Facility

P

(combination of office and/or
retail, with warehousing with
docks)

P

Light Manufacturing

C

Public Use

C

Automobile Sales and
Rental

C

Funeral Home/Mortuary

P

Liquor Store

C

Public or Private
Educational Facility

C

C

Garden Center

P

Medical Cannabis
Pharmacy

Bar

P

Hardware and Garden
Supply Store

P

Membership Club

C

Bed and Breakfast Inn

P

Health Care Facility

P

Motel

P

P

Nursing Home,
Convalescent Care
Facility

Automobile Service
and Repair
(with outdoor vehicle
storage)

Business Office

(may be located within
an existing structure)

Conference Center

Contractor’s Display/
Office

Convenience Store

(with or without gasoline
sales)

-

P

P

C

P

Health Care Provider (may
be located within an existing
structure)

Health Club

(with outdoor pool or sports
use

Heavy Equipment
Sales and Rental as an
Accessory Use to an
Established Retail Use
Health Club

(no outdoor use)

C

Open Space Areas,
Trails

C

Park and Ride Facilities

P

Parking Structure

-

P

-

P

Reception Center (may
be located within an
existing structure)

Recreational Facility
(Indoor)

Recreational Facility

C

P

(Outdoor)

C

Recycling Collection Site

C

Repair Shop

-

P

(household and personal
goods with no outside
storage)

C

Research Facility

P

Restaurant

-

C

(may be located within an
existing structure)

P

P
5

PERMITTED &
CONDITIONAL USES
Retail Sales Accessory
to an Allowed Use

Retail Store

(may be located within
an existing structure)

Retail Store or
Commercial Center

(no maximum or
minimum square footage
limitations)

Shooting Range
(Indoor)

Note:

P

Temporary Construction
Office

P

Theater (Outdoor)

C

P

Temporary Seasonal Use

C

Tobacco Specialty
Store2

C

P

Temporary Use

C

C

Theater (Indoor)

P

Utility Service Facility
(major or minor)

Veterinary Clinic/
Animal Hospital
Operating Entirely
Within an Enclosed
Building

Warehouse

P

C

P

v

1. Drive-through lanes shall be screened from dedicated public rights-of-way with landscaping, berms, decorative fencing, walls, or a combination thereof, as necessary to
minimize headlight glare and visual impacts in accordance with Section 4 of the CSD Design Standards.
2. This use is not permitted if any part of the proposed or existing building containing the use is located within 1,500 feet from (a) any school (public or private kindergarten,
elementary, middle, charter, junior high, high school), public park, public recreational facility, youth center, library, or church, (b) any other Tobacco Specialty Store, or (c) on Vine
Street. Distances shall be measured in a straight line, without regard to intervening structures or zoning districts, from a Tobacco Specialty Store structure to the property line
of a school, public park, library, church, youth center, cultural activity, zoning district boundary, or other Tobacco Specialty Store. (Ord. 2011-19, 01-18-12)
3. All uses listed as conditional must receive Planning Commission approval to be permitted within the Compass Point CSD.
4. Any use not listed is therefore not permitted. For definitions of uses, please see Tooele City Code 7-1-5.
5. Outdoor fenced storage may be an accessory use to any permitted or conditionally permitted use, provided it is screened in accordance with Section 4 of the CSD Design
Standards.

6

DESIGN STANDARDS
1. DEVELOPMENT STANDARDS
The following standards reflect the Compass Point CSD application submittal and are
intended to be the baseline district standards. Adherence to these standards shall be
reviewed and approved by Tooele City as part of a commercial site plan application. All site
plan applications only need to be administratively approved, with no Planning Commission
approval, unless otherwise stated for variations or conditional uses.
1.1 Lot / Site Standards
Standard

Requirement

Minimum Lot Size

no restrictions

Lot Coverage

no restrictions

Minimum Lot Width (interior)

60’

Minimum Lot Width (corner)

80’

1.2 Setbacks
Standard

Requirement

Minimum Front Setback

10’

Minimum Side Setback (interior)

0’ with provision that alternate PU&DE is provided

Minimum Side Setback (corner)

10’ to street side of corner lots (for PU&DE)

Minimum Rear Setback

0’

4+ Story Setback

Buildings exceeding four (4) stories in height
shall be setback from any residential use or
residential zoning district a distance equal to
the height of the building as measured from
the nearest residential property line.
*Only educational facilities, healthcare
facilities, and associated accessory uses
shall be permitted to exceed four (4) stories in
height.

Note: Buildings shall remain outside of established Public Utility and Drainage Easements (PU&DE) unless
otherwise approved by the applicable utility providers and the City. All buildings shall comply with all applicable
building and fire code requirements.

1.3 Building Height
Standard

Requirement

Minimum

1 story

Maximum

Permitted to go up to 8 stories – Must comply
with Section 4.2 of this CSD. The remainder of the
acreage will have a maximum height of 4 stories.

1.4 Site Design
The location and arrangement configuration of buildings shall be approved by City staff at
the site plan application.
7

DESIGN STANDARDS
2. UTILITIES
New utility transmission lines shall be placed underground where feasible and in
accordance with applicable City utility requirements. Third-party utility lines shall not be
installed within the pavement section of public or private roadways, except for roadway
crossings installed within approved conduit.

3. LANDSCAPE
3.1 General Landscaping Requirements
1.

All park strip areas, except approved drive approaches, sidewalks, and utility
areas, shall be landscaped and maintained.

2.

Landscaping within park strips shall consist primarily of hardscape materials,
decorative rock, mulch, water-wise shrubs and plantings, or similar low-water
landscaping materials approved by the City. Seed, sod, traditional lawn, and
artificial turf areas shall be prohibited within park strips.

3.

Street trees shall be installed at a maximum spacing of 30 feet on center along all
public streets. Tree species shall be selected in accordance with the Tooele City
Street Tree Selection Guide.

4.

A minimum of two (2) trees shall be planted per park strip frontage. Where a lot
abuts public streets along the front and side boundaries, trees shall be installed
along both front and side street frontages. Trees shall not be required along rear
street frontages.

5.

Trees shall be a minimum two inch (2”) caliper measured one foot above grade
and a minimum six feet (6’) in height at the time of planting.

6.

Where park strips are less than five feet (5’) in width, required trees shall be
installed behind the sidewalk on private property.

7.

Along Main Street and 3100 North, enhanced landscaping shall be provided
to improve corridor aesthetics and soften the appearance of loading docks,
outdoor storage areas, refuse areas, and similar service functions. Landscaping
shall utilize a combination of trees, shrubs, berming, decorative walls, and layered
plantings designed to provide partial screening while maintaining visibility of

3.2 Landscaping for Individual Lots
1.

A minimum of ten percent (10%) of each lot shall be landscaped. Required
landscaped areas may include parking lot islands, landscaped drainage areas,
plazas, trails, pergolas, outdoor gathering areas, and similar amenities approved
by the City.

2.

The use of sod shall be prohibited except where approved by the City for
functional turf areas or public amenities.

3.

Parking lot landscape islands with shade trees and approved landscape
materials shall be installed at the ends of parking rows.

4.

Shade trees shall be incorporated within parking areas to provide enhanced
parking lot landscaping and shall be provided at intervals of not more than sixteen
(16) parking stalls. Trees shall not be required within parking rows adjacent to
buildings.

5.

Parking lot trees shall be a minimum two inch (2”) caliper at the time of planting.

8

DESIGN STANDARDS
4. FENCING & SCREENING
4.1 General Standards
1. Fencing shall be constructed of durable materials including masonry, splitface block, decorative metal, vinyl, composite, wood, or other similar materials
approved by the City.
2.

Chain-link fencing shall be prohibited along public street frontages except where
approved for utility, service, temporary construction, or similar uses.

3.

Barbed wire, razor wire, electrified fencing, and similar security fencing shall only
be permitted where allowed by the Tooele City Code.

4.

All fencing shall be maintained in good repair and free from deterioration, leaning,
missing materials, or graffiti.

4.2 Commercial Uses Adjacent to Residential Uses
1.

Where a commercial use abuts a residential use or residential zoning district
along a shared property line, a minimum six-foot (6’) tall masonry, concrete, vinyl,
composite, or other similar screening fence shall be installed.

2.

Required screening fences shall be maintained by the property owner in a safe
and orderly condition.

4.3 Vehicle Storage Areas
Outdoor vehicle storage areas associated with automobile repair or similar uses shall be
screened from adjacent public streets and residential uses by a minimum six-foot (6’) tall
fence or wall constructed of masonry, concrete, vinyl, composite, or other similar material.
4.4 Screening of Service Areas
1.

Outdoor storage areas, loading areas, mechanical equipment, and refuse
containers shall be screened in accordance with the fencing and screening
standards of the Commercial Special District.

2.

Screening walls and enclosures shall utilize materials and colors compatible with
the primary structure.

4.5 Height and Visibility
1.

Fence height shall comply with the requirements of the underlying zoning district
and applicable provisions of the Tooele City Code.

2.

Fencing shall not obstruct required visibility triangles or create vehicular or
pedestrian safety hazards.

5. LIGHTING
5.1 Street Lighting
1.

Collector and arterial roadways shall comply with the North Tooele Special
Service District street lighting standards.

2.

Street lighting improvements shall be installed in accordance with applicable
Tooele City requirements for commercial development projects.

9

DESIGN STANDARDS
5. LIGHTING
5.2 Site Lighting
1.

Parking lot, pedestrian, and building-mounted lighting shall be designed to
provide adequate visibility and safety while minimizing glare, light trespass, and
unnecessary upward light spill.

2.

Lighting fixtures should utilize full cutoff, fully shielded, or similarly directed fixtures
intended to reduce impacts on adjacent properties and the night sky.

3.

Lighting shall be directed downward and away from adjacent residential
properties and public rights-of-way to the greatest extent practicable.

4.

Decorative, architectural, pedestrian-scale, and energy-efficient LED lighting is
encouraged throughout the district.

5.

Alternative fixture types and lighting designs that achieve the intent of this Section
may be approved by the City.

5.3 Signage and Monument Lighting
1.

Lighting associated with monument signs, directional signs, tenant signage,
and similar commercial identification features may be internally illuminated or
externally illuminated in accordance with applicable Tooele City sign regulations.

2.

Signage lighting shall be designed to avoid excessive glare onto adjacent
properties or public rights-of-way to the greatest extent practicable.

5.4 Prohibited Lighting
1.

Unshielded lighting fixtures that create excessive glare onto adjacent properties
or public streets shall be prohibited.

2.

Flashing, strobing, or excessively bright lighting not associated with public safety
or emergency services shall be prohibited unless otherwise approved by the City.

6. OFF-STREET PARKING
6.1 Minimum Parking Requirement
1. Unless otherwise modified by this Section, a minimum of four (4) parking stalls
per one thousand (1,000) square feet of gross floor area shall be provided for all
commercial uses.
2.

Parking requirements for educational facilities, hospitals, flex space, and
warehouse uses shall be determined by the Community Development Director
based on the anticipated use, operational characteristics, shared parking
opportunities, and applicable Tooele City Code standards.

6.2 Administrative Adjustment
The Community Development Director may approve adjustments to the minimum
parking requirement where the applicant demonstrates that the proposed parking supply
adequately serves the development based on shared parking, mixed-use integration, peak
demand analysis, transit access, or other relevant factors consistent with City policy.
6.3 Compliance with City Code
All off-street parking design, layout, access, and improvement standards shall comply
with the applicable provisions of Title 7 of the Tooele City Code unless otherwise stated,
including standards for stall dimensions, drive aisles, and accessibility. The Community

10

DESIGN STANDARDS
6. OFF-STREET PARKING
Development Director may approve adjustments to the minimum parking requirement
where the proposed parking supply adequately serves the development based on
shared parking, mixed-use integration, peak demand analysis, transit access, or other
relevant factors consistent with City policy. When deemed necessary by the Community
Development Director, a site-specific parking and/or traffic study, prepared by a licensed
Professional Engineer, shall be provided.

7. ARCHITECTURAL / VERTICAL
These standards are intended to promote high-quality architectural design, visual interest,
and compatibility within the district while maintaining the flexibility necessary to support a
diverse range of commercial users and development types.
7.1 General Standards
1. Building design shall incorporate changes in massing, material, surface
articulation, or finish to emphasize entrances and pedestrian-oriented features.
2.

All building elevations shall include variation in architectural treatment, which may
be achieved through changes in color, material, texture, modulation, or detailing.
Excessively uniform or monotonous façades shall be avoided.

3.

Exterior building materials shall be durable, high-quality, and low-maintenance.
No specific material palette is mandated in order to preserve flexibility for tenantspecific design and to support long-term economic competitiveness of the district.

4.

All sides of buildings shall receive architectural design consideration consistent
with the overall building design character.

7.2 Façade Articulation
1. Exterior walls exceeding seventy feet (70’) in length shall incorporate façade
articulation techniques such as recesses, projections, material changes, or other
design features intended to break up massing and reduce visual scale.
2.

Exterior walls of buildings that are longer than seventy feet (70’) shall have relief
features at least four inches (4”) deep at planned intervals.

8. AMENITIES
No public or private amenities shall be required within the Commercial Special District.
However, the Community Development Director may approve reductions to the minimum
landscaping requirements by allowing the square footage occupied by City-approved
amenities to be credited toward the required landscaped area.

9. TRANSPORTATION
Unless otherwise stated in the Commercial Special District Plan, street standards will
adhere to Tooele City Code Title 4 Chapter 8: Road and Bridge Construction Standards as
stated at the time of approval.
1.

Final roadway alignments, street classifications, access locations, intersection
configurations, truck routes, pedestrian connectivity, and related transportation
improvements shall be established during the preliminary subdivision and site
plan review process.

2.

All fire and emergency vehicle access requirements shall be verified for
compliance at the time of preliminary plat.

11

DESIGN STANDARDS
10. SIGNAGE STANDARDS
10.1 Pylon Signage
All pylon signage shall have the following maximum dimensions:
Standard

Requirement

Maximum Height

35’

Maximum Width

10’

Maximum Sign Area

350 SF

Pylon Signage shall be allowed along road frontages, including Meridian Way, 3100 N. and
SR-36. One pylon sign can be installed for every 500 feet of frontage. Additional pylon sign
locations may be approved by the Planning Commission through the applicable site plan
review process. Setbacks for signage shall be calculated from the sign footing.
10.2 Masterplan Monumentation Signage
Within 300’ of the intersection of 3100 N and SR-36, two monument signs are allowed
with a maximum width of 60’ and a maximum height of 15’. Sign permit and building
permit will be required. Within 3’ of the footing of the Masterplan Monumentation Signage,
landscaping shall be required.

L
conceptual signage

10.3 City Entry Monument Signage
Within Lot 1 of the Sage Flats Subdivision, a 20’ wide by 15’ tall monument sign will be
allowed for a Tooele City entry monument.

12

walkable areas with spaces for rest & relaxation

shade canopies for commercial users

elevations with varying height & multiple material requirements

elevated landscape adjacent to monument signage

elevated landscape in industrial areas

elevated planting at entrances and walking trails

EXAMPLE IMAGES
13

LEGAL DESCRIPTION
AREA A

Compass Point CSD Area A Legal Description

Compass Point Special Commercial District Area A Boundary Description

A parcel of land located in the Southeast Quarter of Section 4, Township 3 South, Range 4 West, Sa lt
Lake Base and Meridian, Tooele County, Utah, described as follows:
Beginning at a Right-Of-Way Marker on the westerly line of State Road 36, said Marker being
North 00°28'00" West 2642.99 feet along the Section Line to the West Quarter Corner of said
Section 4 and North 89°43 '58" East 5214.83 feet along the Quarter Section Line from the Southwest
Corner of said Section 4 and running thence along sa id westerly line the following two (2) courses:
1) South 00°25'29" East 1907.55 feet,
2) Southerly 730.87 feet along an 8000.00-foot-radius curve to the right through a central angle of
05°14'04", chord bears South 02°11'33" West 730.62 feet to the southerly line of said Section 4;
thence South 89°40'13" West 2538.46 feet along said southerly line to the monument marking the
South Quarter Corner of said Section 4;
thence North 00°26'52" West 834 .12 feet along said Quarter Section Line and along the center line of a
proposed 66.0-Foot Wide Road;
thence along said proposed center line the fol lowing three (3) courses:
1) Northerly 211.69 feet along a 498.87-foot -radius curve t o the right through a central angle of
24°18'48", chord bears North 11 °42'32" East 210.11 feet,
2) Northerly 283.94 feet along a 349.67-foot -radius curve t o the left through a central angle of
46°31'37", chord bears North 00°36'08" East 276.21 feet,
3) North 22°39' 41" West 91.33 feet to the center line of 3100 North Street;
thence along said center line the following three (3) courses:
1) North 67°20'19" East 438.44 feet,
2) Easterly 405.42 feet along a 1039.00-foot-radius curve to the right through a centra l angle of
22°21'25", chord bears North 78°31'01" East 402.85 feet,
3) North 89°41'44" East 812.00 feet to the center li ne of Merid ian Way (250 East Street);
thence North 00°18'16" West 994.06 feet along said center line to said Quarter Section Line;
thence North 89°43'58" East 942.32 feet along said Quarter Section Line to said Right-Of-Way Marker on
the westerly line of State Road 36 and to the Point of Beginning.
Contains 116.076 Acres

LEGAL DESCRIPTION
AREA A

SCALE: 1" = 500'

P.O.B.
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COMPASS POINT
COMMERCIAL DISTRICT

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9

9

COMPASS POINT COMMERCIAL DISTRICT
PERRY COMMERCIAL

10

DRAWN:
JRC

2026/ 01/23

PROJECT:

1043033

SURVEY 1043033.dWg

1470 South 600 West.
Woods Cross, Utah 84010
Phone 801-298-2236

EXB (1)
BNDYEXHIBR

LEGAL DESCRIPTION
Compass Point CSD Area B Legal Description

AREA B
LEGAL DESCRIPTION
TOOELE CITY, UTAH
March 24, 2026
23-0260
RM/LH
COMPASS POINT SPECIAL COMMERCIAL DISTRICT AREA B LEGAL
DESCRIPTION
A part of the Southeast Quarter and Southwest Quarter of Section 17, Township 3
South , Range 4 West, Salt Lake Base and Meridian , located in Tooele City, Tooele
County, Utah , being more particularly described as follows:
Beginning at a point located S89°43'49"W 1322.90 feet along the Section line and
N0°16'11 "W 52.67 feet from the South Quarter Corner of Section 17, Township 3 South ,
Range 4 West, Salt Lake Base and Meridian; running thence N00°16'28"W 715.51 feet;
thence N89°45' 15"E 2372 .62 feet; thence S00°14'06"E 714.20 feet; thence S89°43'21"W
2,372.13 feet to the point of beginning.
Containing 38.93 acres +/-.

LEGAL DESCRIPTION
AREA B

JUSTIN LUNDBERG
LEXINGTON AT
OVERLAKE SUBDIVISION

02-128-0-0042
TOOELE ASSOCIATES,
LIMITED PARTNERSHIP

S0°14'06"E 714.20'

N89°45'15"E 2372.62'

38.93 ACRES +/POINT OF
BEGINNING

02-128-0-0041
PERRY HOMES INC

N0°16'11"W
52.67' (TIE)

18 17

S89°43'21"W 2372.13'

SR 112 HIGHWAY

1322.90' (TIE)

BASIS OF BEARING:
S89°43'49"W 2645.67'

SOUTHWEST CORNER OF
SECTION 17, T3S, R4W, SLB&M
FOUND 3" ROUND TOP BRASS
MONUMENT

II

12554439

02-128-0-0041
PERRY HOMES INC

N0°16'28"W 715.51'

02-128-0-0021
HAWTHORNE
TOOELE LAND LLC

MID VALLEY TRAIL

03/30/26

02-087-0-0041
HAWTHORNE TOOELE
LAND LLC

17 16
SOUTH QUARTER CORNER OF
SECTION 17, T3S, R4W, SLB&M
FOUND 3" ROUND TOP BASS
MONUMENT

02-002-0-0049
RED BLUE MOON LLC

COMPASS POINT SPECIAL COMMERCIAL
DISTRICT AREA B BOUNDARY EXHIBIT

CONSULTING

6949 S. HIGH TECH DRIVE SUITE 200
MIDVALE, UTAH 84047 PH: (801) 352-0075
www.focus-es.com

LOCATED IN THE SOUTHEAST 1/4 AND SOUTHWEST 1/4 OF SECTION 17, T3S, R4W,
SALT LAKE BASE & MERIDIAN TOOELE CITY, TOOELE COUNTY, UTAH

Date Created:

03/24/2026

Scale:
Drawn:

N.T.S

RM/LH

Job:

23-0260

Sheet:

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s

LEGAL DESCRIPTION
AREA C

Compass Point CSD Area C Legal Description

LEGAL DESCRIPTION
TOOELE CITY, UTAH
March 24, 2026
23 -0260
LH
COMPASS POINT SPECIAL COMMERCIAL DISTRICT AREA C BOUNDARY LEGAL
DESCRIPTION
Apart of the Northwest Quarter and the Northeast Quarter of Section 5, Township 3 South,
Range 4 West, Salt Lake Base and Meridian, located in Tooele City, Tooele County, Utah, being
more particularly described as follows:
Beginning at a point located on the Northerly line of the Warranty Deed recorded
September 23, 2015 as Entry No. 418920 in the Tooele County Recorder's Office said point also
being N89°40 ' 24"E 1942.05 feet along the Section line and S00°19 '36"E 1524.75 feet from the
Northwest Corner of Section 5, Township 3 South, Range 4 West, Salt Lake Base and Meridian;
running thence along said deed line the following three (3) courses: (1) N89°37'23"E 703.57 feet;
thence (2) N89°36'40"E 2,643.34 feet; thence (3) S00°27 136"E 811.14 feet; thence West
493.65 feet; thence along the arc of a curve to the right with a radius of 184.00 feet a distance of
91.01 feet through a central angle of 28°20 1 19" Chord: N75 °49 150"W 90.08 feet to a point of
reverse curvature; thence along the arc of a curve to the left having a radius of 316.00 feet a
distance of 159.27 feet through a central angle of 28°52'40" Chord: N76°06'01 "W 157.59 feet;
thence S89°27 139"W 366.93 feet; thence S89°27 139"W 474.45 feet; thence Westerly along the arc
of a non-tangent curve to the left having a radius of 693.11 feet (radius bears: S0l 0 00 123"W) a
distance of 448.44 feet through a central angle of 37°04 1 13" Chord: S72°28 1 l6"W 440.66 feet;
thence N54°52 10l "W 210.01 feet to the easterly line of the Tooele City Reuse Lakes and Overlake
Golf Course Amended Plat thereof recorded March 16, 2016 as Entry No. 426158 in the Toole
County Recorder's Office; thence along said plat the following eleven (11) courses: (1)
N28°16 129"W 188.22 feet; thence (2) N81 °32 144"W 407.05 feet; thence (3) Northwesterly along
the arc of a non-tangent curve to the left having a radius of 113.91 feet (radius bears: S42°5 l '33"W)
a distance of 53 .52 feet through a central angle of 26°55' 12" Chord: N60°36103"W 53.03 feet;
thence (4) N74°03 139"W 92.83 feet; thence (5) N80°42 134"W 44.82 feet; thence (6) N72°37 154"W
4 16.05 feet; thence (7) N38°12'17"W 82.15 feet; thence (8) N51 °47'43"E 5.44 feet; thence (9)
Northerly along the arc of a non-tangent curve to the left having a radius of 113.39 feet (radius
bears: N34°21 102"W) a distance of 167.40 feet through a central angle of 84°35 1 13" Chord:
Nl3 °21 122"E 152.61 feet; thence (10) N66°58 156"E 19.25 feet; thence (11) N46°55'07"W
169.73 feet to the point of beginning.
Containing 51.11 acres +/-

LEGAL DESCRIPTION
AREA C
32
5

I

NORTHWEST CORNER
I
SECTION 5, T33, R4W,
I
SLB&M
FOUND 3" ROUND TOP I
BRASS MONUMENT 2017 I

I

S00°19'36"E
1524.75' (TIE)

i

POINT OF
BEGINNING

MEASURED
N89°40'29"E 2642.27'

32
5

32 33
5 4
NORTHEAST CORNER
SECTION 5, T3S, R4W, SLB&M
FOUND 3" ROUND TOP BRASS
MONUMENT 2015

NORTH QUARTER CORNER
SECTION 5, T3S, R4W, SLB&M
FOUND 3" FLAT BRASS
MONUMENT

QUARTER SECTION LINE

BASIS OF BEARING
N89°40'24"E 2643.16'
1942.05' (TIE)

+--+----- -1

~

v1

03/30/26
12554439

JUSTIN LUNDBERG
PARCEL 01-403-0-0001
CORP PRES BISH LDS

PARCEL
02-141-0-0012
COUNTY OF TOOELE

N89°37'23"E
703.57'

N46°55'07"W
169.73'

N89°36'40"E
2643.34'

PARCEL 02-142-0-0003
COUNTY OF TOOLE
ENTRY NO. 262519

N66°58'56"E
19.25'
R=113.39'
Δ=84°35'13"
L=167.40'
CH=N13°21'22"E 152.61'

S0°27'36"E
811.14'

CONTAINS 51.11
ACRES +/-

PARCEL 02-141-0-0008
WIELATZ CONNIE D

N51°47'43"E
5.44'

PARCEL 02-141-0-0007
MELO RANDY JT

N38°12'17"W
82.15'

N74°03'39"W
92.83'

S89°27'39"W
366.93'

N80°42'34"W
44.82'

R=113.91'
Δ=26°55'12"
L=53.52'
CH=N60°36'03"W 53.03'

PARCEL 02-141-0-0006
RSG ASSOCIATES, LLC

S89°27'39"W
474.45'
N81°32'44"W
407.05'

R=316.00'
Δ=28°52'40"
L=159.27'
CH=N76°06'01"W 157.59'

N28°16'29"W
188.22'
N54°52'01"W
210.01'
R=693.11'
Δ=37°04'13"
L=448.44'
CH=S72°28'16"W 440.66'

WEST
493.65'

R=184.00'
Δ=28°20'19"
L=91.01'
CH=N75°49'50"W 90.08'

~

PARCEL
02-142-0-0020
PERRY HOMES INC
ENTRY NO. 418920

TOOELE CITY REUSE
LAKES AND OVERLAKE
GOLF COURSE
AMENDED PLAT
ENTRY NO. 426158

- 1•

PARCEL
02-141-0-0003
ERDA ACRES WATER COMPANY
ENTRY NO. 157503

COMPASS POINT SPECIAL COMMERCIAL
DISTRICT AREA C BOUNDARY EXHIBIT

CONSULTING

6949 S. HIGH TECH DRIVE SUITE 200
MIDVALE, UTAH 84047 PH: (801) 352-0075
www.focus-es.com

LOCATED IN THE NW 1/4 AND NE 1/4 OF SECTION 5
SALT LAKE BASE AND MERIDIAN
TOEELE CITY, TOOELE COUNTY, UTAH

Date Created:

03/24/2026

Scale:
Drawn:
Job:

N.T.S
LH

23-0260

Sheet:

1 OF 1

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N72°37'54"W
416.05'

PARCEL
02-141-0-0005
PERRY DEVELOPMENT, LLC

31
6

LEGAL DESCRIPTION
AREA D

07/14/26

LEGAL DESCRIPTION
PREPARED FOR
OVERLAKE 1,300 ACRES
TOOELE CITY, UTAH
July 14, 2026
23-0260
RM

No.12554439
Justin Lundberg

COMPASS POINT SPECIAL COMMERCIAL DISTRICTAREA D LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 5, Northwest and Southwest of Section 8,
Northwest Quarter of Section 17, Township 3 South, Range 4 West, Salt Lake Base and Meridian,
located in Tooele City, Tooele County, Utah, being more particularly described as follows:
Beginning at the West Quarter Corner of Section 5, Township 3 South, Range 4 West, Salt
Lake Base and Meridian; running thence N89°32'53"E 432.36 feet to a westerly lot line of Lot 1
of the Tooele City Reuse Lakes and Overlake Golf Course Amended Plat according to the official
plat thereof recorded March 16, 2016 as Entry No. 426158 in the Tooele County Recorder's Office;
thence along said Lot 1 the following two (2) courses: (1) S13°58'58"W 195.88 feet; thence (2)
S54°48'07"E 504.11 feet; thence S36°07'58"W 133.52 feet to a northerly lot line of Lot 3 of said
Tooele City Reuse Lakes and Overlake Golf Course Amended Plat; thence along said Lot 3 the
following ten (10) courses: (1) N78°08'34"W 24.68 feet; thence (2) S51°20'33"W 105.57 feet;
thence (3) S36°43'04"W 86.21 feet; thence (4) Southerly along the arc of a non-tangent curve to
the left having a radius of 78.47 feet (radius bears: S50°34'59"E) a distance of 87.89 feet through
a central angle of 64°10'26" Chord: S07°19'48"W 83.37 feet; thence (5) S24°45'18"E 561.58 feet;
thence (6) S46°35'33"W 174.46 feet; thence (7) S02°00'32"W 754.40 feet; thence (8) S20°44'57"E
311.45 feet; thence (9) S30°18'49"E 490.08 feet; thence (10) N57°13'18"E 37.99 feet; thence
S32°48'15"E 74.99 feet to a northerly lot line of Lot 6 of said Tooele City Reuse Lakes and
Overlake Golf Course Amended Plat; thence along said Lot 6 the following twenty-three (23)
courses: (1) S57°11'45"W 96.69 feet; thence (2) S20°16'36"W 480.65 feet; thence (3)
S01°41'58"W 167.36 feet; thence (4) S14°56'09"E 113.43 feet; thence (5) S54°22'20"E 202.34
feet; thence (6) S12°59'46"W 145.94 feet; thence (7) Westerly along the arc of a non-tangent curve
to the left having a radius of 89.76 feet (radius bears: S05°09'16"W) a distance of 84.47 feet
through a central angle of 53°55'15" Chord: S68°11'38"W 81.39 feet; thence (8) S41°09'39"W
175.60 feet; thence (9) Southwesterly along the arc of a non-tangent curve to the right having a
radius of 135.22 feet (radius bears: N48°47'11"W) a distance of 51.78 feet through a central angle
of 21°56'19" Chord: S52°10'58"W 51.46 feet; thence (10) S63°09'09"W 167.19 feet; thence (11)
Southwesterly along the arc of a non-tangent curve to the left having a radius of 150.12 feet (radius
bears: S26°55'10"E) a distance of 199.63 feet through a central angle of 76°11'26" Chord:
S24°59'07"W 185.24 feet; thence (12) S13°06'36"E 183.16 feet; thence (13) Easterly along the arc
of a non-tangent curve to the left having a radius of 97.99 feet (radius bears: N76°51'26"E) a
distance of 199.08 feet through a central angle of 116°24'10" Chord: S71°20'39"E 166.56 feet;
thence (14) N50°34'51"E 194.34 feet; thence (15) N67°31'40"E 79.43 feet; thence (16) Easterly
along the arc of a non-tangent curve to the right having a radius of 109.85 feet (radius bears:
S22°29'18"E) a distance of 91.97 feet through a central angle of 47°58'17" Chord: S88°30'09"E
89.31 feet; thence (17) Easterly along the arc of a non-tangent curve to the left having a radius of
114.83 feet (radius bears: N25°28'49"E) a distance of 64.34 feet through a central angle of
32°06'08" Chord: S80°34'15"E 63.50 feet; thence (18) N83°22'37"E 136.02 feet; thence (19)

LEGAL DESCRIPTION
AREA D
S89°22'57"E 218.36 feet; thence (20) Easterly along the arc of a non-tangent curve to the left
having a radius of 64.68 feet (radius bears: N00°41'33"E) a distance of 51.90 feet through a central
angle of 45°58'33" Chord: N67°42'16"E 50.52 feet; thence (21) N44°43'04"E 14.86 feet; thence
(22) S63°53'51"E 142.98 feet; thence (23) S81°18'06"E 63.05 feet; thence S12°15'54"E 83.35 feet
to a northerly lot line of Lot 8 of said Tooele City Reuse Lakes and Overlake Golf Course Amended
Plat; thence along said Lot 8 the following five (5) courses: (1) S67°54'50"W 112.80 feet; thence
(2) S18°40'42"W 493.75 feet; thence (3) S39°23'25"W 300.27 feet; thence (4) S32°23'21"W
423.77 feet; thence (5) S01°18'15"W 148.48 feet; thence S29°19'01"W 69.12 feet; thence along
the arc of a curve to the left with a radius of 110.00 feet a distance of 56.28 feet through a central
angle of 29°19'01" Chord: S14°39'31"W 55.67 feet; thence South 4,125.83 feet; thence
Northwesterly along the arc of a non-tangent curve to the left having a radius of 2,612.50 feet
(radius bears: S36°11'27"W) a distance of 360.85 feet through a central angle of 7°54'50" Chord:
N57°45'58"W 360.56 feet; thence N61°43'23"W 695.57 feet to the Section line; thence along said
Section line N00°17'29"W 1,668.81 feet to the Southwest Corner of Section 8; thence
N00°21'40"W 2,641.98 feet to the West Quarter Corner of Section 8; thence N00°21'37"W
2,642.10 feet to the Southwest Corner of Section 5; thence N00°17'49"W 2,631.28 feet to the point
of beginning.
Containing 198.73 acres +/-.
Less and excepting Lot 2 of the of Tooele City Reuse Lakes and Overlake Golf Course Amended
Plat according to the official plat thereof recorded March 16, 2016 as Entry No. 426158 in the
Tooele County Recorder's Office.
Containing 6.53 acres +/-.
SPECIAL COMMERCIAL DISTRICTAREA 192.20 ACRES +/-

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Justin Lundberg

LEGAL DESCRIPTION
AREA D

~--

07/14/26

I

S12°15'54"E
83.35'

No.12554439
Justin Lundberg

'

\

S81°18'06"E
63.05'

"

\

N44°43'04"E
14.86'

S18°40'42"W
493.75'
S12°59'46"W
145.94'

LOT 1

S32°48'15"E
74.99'

N78°08'34"W
24.68'
S51°20'33"W
105.57'

R=78.47'
Δ=64°10'26"
L=87.89'
CH=S7°19'48"W 83.37'

S36°43'04"W
86.21'
S24°45'18"E
561.58'

S54°48'07"E
504.11'

LOT 3

S2°00'32"W

OVERALL AREA:
198.73 ACRES +/SPECIAL COMMERCIAL
DISTRICT AREA:
192.20 ACRES +/-

754.40'

5

8

7

6

N67°31'40"E
79.43'

S41°09'39"W
175.60'
R=135.22'
Δ=21°56'19"
L=51.78'
CH=S52°10'58"W 51.46'
S63°09'09"W
167.19'

SOUTHWEST CORNER OF
SECTION 5, T3S, R4W, SLB&M
FOUND MONUMENT 1982
6

5

5

6

S1°41'58"W
167.36'

S30°18'49"E
490.08'

TOOELE CITY REUSE LAKES
AND OVERLAKE GOLF COURSE AMENDED PLAT
ENTRY NO. 426158

N89°32'53"E
432.36'

S89°22'57"E
218.36'

S20°16'36"W
480.65'

N57°13'18"E
37.99'

LOT 2
6.53 ACRES +/-

S14°56'09"E
113.43'

S20°44'57"E
311.45'

S46°35'33"W
174.46'

S13°58'58"W
195.88'

LOT 8

S63°53'51"E
142.98'
N83°22'37"E
136.02'
R=114.83'
Δ=32°06'08"
L=64.34'
CH=S80°34'15"E 63.50'

S39°23'25"W
300.27'

R=109.85'
Δ=47°58'17"
L=91.97'
CH=S88°30'09"E 89.31'
N50°34'51"E
194.34'
R=97.99'
Δ=116°24'10"
L=199.08'
CH=S71°20'39"E 166.56'

R=150.12'
Δ=76°11'26"
L=199.63'
CH=S24°59'07"W 185.24'

S13°06'36"E
183.16'

8

S57°11'45"W
96.69'
S36°07'58"W
133.52'

S67°54'50"W
112.80'

S54°22'20"E
202.34'

8

~

WEST 1/4 CORNER OF
SECTION 5, T3S, R4W, SLB&M
FOUND 2.5' FLAT TOP BRASS
MONUMENT 1981

--- --b.,f::::±::.----ir---------t~~~-----~------ -rBASIS OF BEARING: N0°17'49"W 2631.28'

01-404-0-0008
CHRISTENSEN
FAMILY REVOCABLE

POINT OF
BEGINNING

01-404-0-0009
THE TSO LIVING
TRUST

N0°17'49"W 2631.28'

01-404-0-0010
PERRY LAND
INVESTMENTS LLC

N0°21'37"W 2642.10'

MEASURED: N0°21'37"W 2642.10'

02-138-0-0014
CHRISTENSEN RANDY
LEE

02-138-0-001
DALE AND MARJORIE
JENSEN

02-138-0-007
G.E. ENGLAND FAMILY
CORPORATION,
L.C.

SW 1/4 OF SECTION 5, NW 1/4 & SW 1/4 OF SECTION 8 AND NW 1/4 OF SECTION 17

R=89.76'
Δ=53°55'15"
L=84.47'
CH=S68°11'38"W 81.39'

TOOELE CITY REUSE
LAKES
AND OVERLAKE GOLF
COURSE AMENDED PLAT
ENTRY NO. 426158

7

~

\

WEST 1/4 CORNER OF
SECTION 8, T3S, R4W, SLB&M
FOUND MONUMENT 1982
7

/
/

COMPASS POINT SPECIAL COMMERCIAL
DISTRICT AREA D BOUNDARY EXHIBIT

LOT 6

I

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Z:\_2023\23-0260 Overlake 1,300 Acres\design 23-0260\dwg\exhibits\survey exhibits\23-0260 Property Commercial District Area D.dwg

R=64.68'
Δ=45°58'33"
L=51.90'
CH=N67°42'16"E 50.52'

YJ

LEGAL DESCRIPTION
AREA D
S12°15'54"E
83.35'

07/14/26
No.12554439
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, - - - - -

-

--

1

I

02-128-0-0025
PERRY HOMES

LOT 8
S39°23'25"W
300.27'

02-128-0-0046
PERRY HOMES INC

02-139-0-0021
PERRY HOMES INC

R=2612.50'
Δ=7°54'50"
L=360.85'
CH=N57°45'58"W 360.56'
'

OVERALL AREA:
198.73 ACRES +/SPECIAL COMMERCIAL
DISTRICT AREA:
192.20 ACRES +/-

.57

R=110.00'
Δ=29°19'01"
L=56.28'
CH=S14°39'31"W 55.67'

1°4

3'2

R=97.99'
Δ=116°24'10"
L=199.08'
CH=S71°20'39"E 166.56'

7

17

8
02-138-0-0003
TOOELE INDUSTRIAL
LAND HOLDINGS, LLC

18

7

N0°21'40"W 2641.98'

MEASURED: N0°21'40"W 2641.98
02-138-0-0005
TOOELE INDUSTRIAL
LAND HOLDINGS, LLC

SOUTHWEST CORNER OF
SECTION 8, T3S, R4W, SLB&M
FOUND MONUMENT 1981

8

8

WEST 1/4 CORNER OF
SECTION 8, T3S, R4W, SLB&M
FOUND MONUMENT 1982
7

N6

S13°06'36"E
183.16'

02-138-0-007
G.E. ENGLAND FAMILY
CORPORATION,
L.C.

02-128-0-003
PERRY HOMES INC

SOUTH 4125.83'
S1°18'15"W
148.48'

N50°34'51"E
194.34'

S29°19'01"W
69.12'

695

R=109.85'
Δ=47°58'17"
L=91.97'
CH=S88°30'09"E 89.31'

S32°23'21"W
423.77'

3"W

S63°53'51"E
142.98'
N83°22'37"E
136.02'
R=114.83'
Δ=32°06'08"
L=64.34'
CH=S80°34'15"E 63.50'

N0°17'29"W 1668.81'
02-145-0-0016
TOOELE INDUSTRIAL
LAND HOLDINGS, LLC

02-145-0-0023
TOOELE INDUSTRIAL
LAND HOLDINGS, LLC

COMPASS POINT SPECIAL COMMERCIAL
DISTRICT AREA D BOUNDARY EXHIBIT

I

S18°40'42"W
493.75'

N67°31'40"E
79.43'

=
/ ======I

SW 1/4 OF SECTION 5, NW 1/4 & SW 1/4 OF SECTION 8 AND NW 1/4 OF SECTION 17

• - •·

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Scale:

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N.T.S.

Drawn:

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Job:

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Sheet:

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Z:\_2023\23-0260 Overlake 1,300 Acres\design 23-0260\dwg\exhibits\survey exhibits\23-0260 Property Commercial District Area D.dwg

I
S67°54'50"W
112.80'

Exhibit C

Staff Report

Community Development Department
STAFF REPORT
August 18, 2026

To:

Tooele City Planning Commission
Business Date: August 26, 2026

From:

Planning Division
Community Development Department

Prepared By: Andrew Aagard, Community Development Director
Re:

Compass Point Commercial Special District (CSD) – Zoning Map Amendment Request
Application No.:
2026005
Applicant:
Jake Finlinson, representing Perry Commercial
Project Location:
Approximately 3100 North SR-36 (Area “A”), 800 West 1000 North (Area
“B”), 3300 North 400 West (Area “C”), and 1200 West 2400 North (Area
“D”).
Zoning:
Varies. See “background” section below for zoning descritions.
Acreage:
Approximately 398.1 Acres (Approximately 17,341,236 ft2)
Request:
Request for approval of a zoning map amendment to re-assign the zoning
for the areas described above to the Compass Point Commercial Special
District (CSD) zoning district and to adopt the proposed CSD development
standards as Compass Point CSD Zoning Ordinance.

BACKGROUND
This application is going to result in a very lengthy and fairly complicated staff report. Please bear with
Staff as we attempt to accurately describe the scope of this complicated request. The proposed CSD is
divided into four non-contiguous areas and is currently contingent upon City Council approval of a
specific text amendment regarding minimum qualifications for a CSD. The applicant has been apprised
that if the Council, for whatever reasons, does not adopt the proposed text amendment this entire
application becomes invalid and they will start over in the process. Area A consists of 116 acres and is
located at the intersection of 3100 North and Main Street (SR-36). Area B consists of 39 acres and is
located west of the intersection of 600 West and 1000 North. Area C consists of 51 acres and is located
north of the Overlake Golf Course, east of the Tooele City waste water reclamation plant at 400 West.
Area D is located west of the golf course at 1200 West stretching from approximately 1500 North to the
City’s waste water reclamation plant. The CSD request seeks to change the zoning of all of the 398 acres
to the Compass Point CSD zoning district and to adopt specific development standards as the new zoning
code for the Compass Point CSD zoning district.
In compliance with the proposed text amendment regarding the qualifications for a CSD this application
not only involves a Zoning Map Amendment and adoption of the accompanying zoning code, it also must
include a recommendation to amend the Land Use Map of the Tooele City General Plan after
consideration and deliberation. A CSD is a commercial zoning district and in order for a CSD to comply
with the Land Use Map, the land use designation must also be amended in conjunction with this
application.

Compass Point Commercial Special District (CSD)
Zoning Map Amendment Request

1

App. # 2026005

ANALYSIS
General Plan and Zoning.
Area “A”: The current zoning for this geographical area consisting of 8 individual parcels of record is
predominantly GC General Commercial. There is a small portion of Area “A” that is currently zoned
Compass Point RSD. The Land Use Designation for Area “A” is mostly Medium Density Residential
(MDR) along the majority of the western two-thirds with Regional Commercial (RC) on all of the
properties having immediate frontage on SR-36. The property as it is currently zoned is not compliant
with the current land use designations of the Land Use Map. The GC zone is not a recommended zoning
district for the MDR and RC land use designations.
Area “B”: The current zoning for this geographical area consisting of 1 parcel of record is NC
Neighborhood Commercial. The Land Use Designation for this parcel is Community Commercial (CC).
This parcel does not require a re-assignment of Land Use as the parcel is already commercially
designated. The NC zoning district assigned to this property is in compliance with the CC land use
designation of the Land Use Map.
Area “C”: This area consists of 1 parcel of record and was incorporated into the Compass Point RSD and
currently bears the Compass Point RSD zoning district. The Land Use Designation for this area is
Medium Density Residential (MDR). The RSD Zoning district is a recommended zoning of the MDR
land use designation and currently in compliance with the Land Use Map.
Area “D”: As with Area “C”, Area “D” was also incorporated into the Compass Point RSD. However,
for reasons related to the number of units authorized to Perry Homes as per the Overlake Settlement
Agreement, the applicant may have more land than can be utilized for residential development due to the
cap placed on the number of units as per the settlement agreement. The property is designated as Medium
Density Residential on the Land Use Map of the Tooele City General Plan. The Compass Point RSD
Zoning district is a recommended zoning of the MDR land use designation and currently in compliance
with the Land Use Map.
Land Use Designation.
In order to qualify for a CSD the properties must have a commercial land use designation. A CSD is a
commercial zone and Tooele City codes require that all assigned zoning districts comply with the Land
Use Map of the Tooele City General Plan. A text amendment conducted by the applicant will permit
CSD applications to combine a Land Use Map Amendment and a CSD Zoning Map Amendment into one
application. Therefore, the Planning Commission must first evaluate and recommend a commercial land
use designation for each property or geographic area involved in the CSD request. This section evaluates
each area and a commercial land use designation for each area.
Area “A”: Area “A” is predominantly located adjacent to a recently constructed signalized intersection at
3100 North Main Street (SR-36). The frontage of the properties located within Area “A” are already
designated as RC. With the signalized intersection and the proximity of the properties to Tooele City’s
largest transportation corridor this area is prime commercial real estate. 3100 North is a major collector
street as well. A commercial land use designation for these properties is the highest and best land use and
of the greatest benefit to Tooele City as a whole. A Regional Commercial (RC) designation would suit
these properties nicely.
Area “B”: Situated immediately north of 1000 North and west of the signalized intersection at 600 West,
this area is a prime location for commercial. With a Community Commercial land use designation

Compass Point Commercial Special District (CSD)
Zoning Map Amendment Request

2

App. # 2026005

already assigned this property is not in need of any re-assignment of land use designation.
Area “C”: Located north of the existing Links at Overlake Golf Course and east of the Tooele City waste
water treatment plant one could easily envision this geographical area as being residential. However,
Tooele County has plans to construct the proposed 3300 North Parkway extending east to west along
Tooele City’s northern municipal boundary. This road will be an arterial collector class road and will
bring significant amounts of vehicular traffic travelling east and west between SR-36 and the future MidValley Highway. Given the amount of residential zoning that already exists in the Compass Point RSD
and the limited number of residential units available to Perry Homes, as well as the frontage onto a major
transportation corridor, this property would be better served and provide greater benefit to Tooele City
with a Regional Commercial land use designation.
Area “D”: This long strip of property extending north to south from 1500 North to the City’s waste water
treatment facility along the future 1200 West corridor is a bit of an enigma. Perry Homes has included
this area in the Compass Point RSD but has indicated within the RSD that this area could very well end
up as commercial / light industrial, depending upon the allocation of units per the Settlement Agreement
throughout the residential areas. In other words, this may be excess residential property. It also will
eventually have frontage on 1200 West, another arterial collector road. Granted it may be 20 years before
this property develops. The developer would like this property to also be included in the CSD and in
order for that to happen the property must have a commercial land use designation in the Land Use Map
of the General Plan. A Regional Commercial designation would suit this property well.
Commercial Special Districts (CSDs).
Commercial Special Districts are authorized by Tooele City Code 7-16a CSD Commercial Special
Districts. A CSD is the establishment of a new zoning district applicable to a specific geographical area
identified within the CSD. Approval of a CSD shall include both an amendment to the Zoning Map and
the adoption of an ordinance to govern development within the CSD.
As per Tooele City Code 7-16a-5 Standard of Review, the Planning Commission and the City Council are
under no obligation to approve a CSD and also under no obligation to approve any single feature, element
or provision proposed with an application for a CSD. Every CSD application shall be considered for its
own merits and the benefits it brings to the City. Approvals for a CSD shall be based upon the following:
1. The CSD will result in development of properties in a manner that is not reasonably feasible
under the terms of the standard zoning districts.
2. The CSD will result in development of properties that will provide a substantial benefit to the
City.
3. The CSD will result in development of properties in a manner that provides uses, configurations
and product types that are unique to the community or address a documented deficiency in the
standard zoning districts.
As per Tooele City Code 7-16a-6 Processes and Procedures, a CSD shall not alter or change the approval
processes to be employed for land use applications within the CSD. Approval processes shall proceed as
required by Tooele City Code and Utah State Code.
CSDs do not change or alter building code and fire code requirements. Building and fire codes are
required by State mandates and nothing in the CSD can alter or amend the requirement to adhere to all
pertinent building and fire codes.

Compass Point Commercial Special District (CSD)
Zoning Map Amendment Request

3

App. # 2026005

The Compass Point CSD.
The Compass Point CSD is a 23 page zoning ordinance that will govern future commercial development
in Areas A, B, C and D. The proposed document contains the following:
1. Purpose and Intent: Establish customized development standards tailored to the unique
character and objectives of Compass Point.
2. Mapping: A map that demonstrates the geographical locations that will be included in and
governed by the CSD.
3. Permitted and Conditional Uses: The CSD provides its own list of permissible uses that may
occur in the district. Conditional uses will still require Planning Commission approvals and all
permitted uses will still be subject to business licensing and building permit requirements.
4. Development Standards: This section will govern issues such as lot size, building setbacks,
building height and site design.
a. Lot sizes: No restriction on lot size and no restriction on lot coverage, however, lot
coverage will still be restricted by required parking, building setbacks and required
landscaping.
b. Building Setbacks: Setbacks are minimal in the CSD. 10 feet on the front and 10 feet on
the corner sides with 0 setbacks for the rear and interior sides. Buildings exceeding 4
stories in height shall maintain a setback from residential zones equal to the height of the
building.
c. Building Height: Up to 8 stories.
5. Utilities: The CSD requires that new utility lines shall be buried where feasible.
6. Landscaping Requirements: Requires park strip landscaping and street tree installation as well
as 10% interior landscaping for each individual commercial lot. Prohibits the use of irrigated sod
and requires trees be planted in specific locations in parking lots but otherwise does not provide
any landscaping standards above and beyond current City landscaping requirements.
7. Fencing and Screening: Specifies approved and prohibited fencing types. Requires 6 foot
masonry fencing between residential and commercial properties. Requires screen fencing for
vehicle storage areas associated with automobile repair as well as screening of outdoor storage
areas, loading docks, mechanical equipment. Requires screen walls to resemble the main
structure in color and materials.
8. Site Lighting: Requires street lighting to comply with the standards of the North Tooele Special
Service District. Interior lighting shall be directed down and into the site and shall take measures
to limit light pollution and preserve the “dark sky.” Includes verbiage about monument sign
lighting but doesn’t provide any specific standards. Prohibits unshielded light fixtures and
prohibits the use of flashing or strobing lights.
9. Off-street Parking Requirements: Establishes a standard parking requirement of 4 parking
spaces for each 1,000 square feet of gross floor area for all commercial uses. Permits the
Community Development Director authority to approve parking requirements for schools,
hospitals, flex spaces and warehouse and authorizes shared parking arrangements.
10. Architectural Design Standards: The CSD does provide architectural design standards for
development within the CSD but doesn’t provide any specific standards to be followed other than
some façade articulation along every 70 feet of building façade frontage. It also does require the
same design consideration given to all four building facades.
11. Amenities: Specifically does not require any public or private amenities. It does authorize the
Community Development Director to reduce landscaping requirements if amenities are provided.
12. Transportation: Not much here. The CSD simply refers to City standards for road construction
and emergency vehicle access requirements.
13. Signage: Permits the construction of pylon signs on properties with frontages on 3100 North,
SR-36 and Meridian way. Establishes maximum pylon sign height at 35 feet and a maximum

Compass Point Commercial Special District (CSD)
Zoning Map Amendment Request

4

App. # 2026005

sign size of 350 square feet. The CSD also permits the construction of a large Compass Point
Entry monument sign as well as a Tooele City entry monument sign on the north end of the CSD.
14. Example Images. Contains images of what development in the CSD may look like.
15. Legal descriptions of the properties incorporated into the CSD.
All development standards, uses, and requirements not addressed by the CSD would automatically default
back to the standard City code.
Tooele City Staff has worked diligently with the applicant to form a CSD that both satisfies the needs of
the developer but also works for the City Staff who will be charged with enforcing the standards of the
CSD long after the applicant has moved on from the development. The Planning Commission and the
City Council’s responsibility with this CSD is to determine that it meets the three approval criteria as
described in this staff report above and below. One issue that staff has been working with the applicant to
resolve is a clear demonstration that this CSD brings development standards that are above and beyond
what are required or permitted by the City’s standard commercial zoning districts. There are elements of
the CSD that are different from the requirements of the standard zoning districts but are they better? Are
they a step up from the standard zoning requirements or are they just different? The applicant’s position
is that the CSD is a step above the standard zoning code requirements.
Criteria For Approval. The criteria for review and potential approval of a Commercial Special District
request is found in Section 7-16a-5 of the Tooele City Code. This section depicts the standard of review
for such requests as:
1. The CSD will result in development of properties in a manner that is not reasonably feasible
under the terms of the standard zoning districts.
2. The CSD will result in development of properties that will provide a substantial benefit to the
City.
3. The CSD will result in development of properties in a manner that provides uses, configurations
and product types that are unique to the community or address a documented deficiency in the
standard zoning districts.
Tooele City Code 7-16a-3 Residential Special Districts and Size also require that the Planning
Commission consider the land use designation of the properties involved in the CSD and that if the CSD
is to be approved that the Land Use Map be amended and the designation of the subject properties be reassigned to a commercial land use designation.
REVIEWS
Planning Division Review. The Tooele City Planning Division has completed their review of the
Commercial Special District Map Amendment requrest and has issued the following comments:
1.

2.

If the Planning Commission is to recommend in favor of the CSD the Planning
Commission should also recommend the Land Use Map be amended re-assigning the
land use designation for Areas A, C and D to Regional Commercial (RC). Area B
already maintains a Community Commercial Land Use Map designation.
The proposed CSD is good but is it great? Many of the standards proposed in the CSD
are the same as current zoning standards in the City’s commercial zones. There are
reductions in setbacks, increases in building heights and additional screening
requirements for certain situations but are these greater and above and beyond what is
required by standard zoning codes. The Planning Commission and the City Council
ultimately will be the final decision in this regard. Staff feels the CSD is good but that it

Compass Point Commercial Special District (CSD)
Zoning Map Amendment Request

5

App. # 2026005

3.

could be better with greater architectural and landscaping requirements and amenities to
make this area really “pop” as a great contribution to the City acting as a gateway to
Tooele City.
It has been suggested by others that Tooele City is not a City that deserves something
special in regards to what Compass Point could bring. Staff wants to remind the
leadership teams that Tooele City is a sum total of the vision of its leaders. If this
proposed CSD doesn’t meet the 3 criteria listed in this report the Planning Commission
and City Council are not obligated in any way, shape or form to approve the CSD as it is
currently configured. If City leaders really want something special at the northern
entrance to Tooele City, now is the time to get it. You are well within your authorities to
grant the CSD as it is or to require more from the applicant in exchange for the CSD.
Tooele City may not be Aspen Colorado in terms of its financial situation or location but
it is a growing City and is deserving of greater standards and amenities for those residents
who have chosen to live here.

Engineering & Public Works Review. The Tooele City Engineering and Public Works Divisions have
reviewed the proposed CSD extensively and have issued comments that would directly involve public
utilities and rights-of-ways. Many of the disclaimers in the CSD referring to existing city codes and
standards are a direct result of their comments. Both departments did not issue any recommendations for
the language of the CSD for this report, but where involved in the initial reviews.
Tooele City Fire Department Review. The Tooele City Fire Department has been involved in the review
of previous iterations of the CSD and have made comments. In general the CSD states that all fire
regulations as required by state and local fire codes will be adhered to.
Noticing. The applicant has expressed their desire to rezone the subject property and do so in a manner
which is compliant with the City Code. As such, notice has been properly issued in the manner outlined
in the City and State Codes.
STAFF RECOMMENDATION
Staff recommends the Planning Commission carefully weigh this request for a Land Use Map
Amendment according to the appropriate tenets of the Utah State Code and the Tooele City Code,
particularly Section 7-1A-7(1) and render a decision in the best interest of the community with any
conditions deemed appropriate and based on specific findings to address the necessary criteria for making
such decisions.
Potential topics for findings that the Commission should consider in rendering a decision:
1.
2.
3.
4.
5.
6.
7.

The effect of the proposed application on the character of the surrounding area.
The degree to which the proposed application is consistent with the intent, goals, and
objectives of any applicable master plan.
The degree to which the proposed application is consistent with the intent, goals, and
objectives of the Tooele City General Plan.
The degree to which the proposed application is consistent with the requirements and
provisions of the Tooele City Code.
The suitability of the properties for the uses proposed.
The degree to which the proposed application will or will not be deleterious to the health,
safety, and general welfare of the general public or the residents of adjacent properties.
The degree to which the proposed application conforms to the general aesthetic and
physical development of the area.

Compass Point Commercial Special District (CSD)
Zoning Map Amendment Request

6

App. # 2026005

8.
9.
10.
11.

Whether a change in the uses allowed for the affected properties will unduly affect the
uses or proposed uses for adjoining and nearby properties.
The overall community benefit of the proposed amendment.
Whether or not public services in the area are adequate to support the subject
development.
Other findings the Commission deems appropriate to base their decision upon for the
proposed application.

The Planning Commission shall also evaluate the proposed CSD against the approval criteria established
in Section 7-16a-5 of the Tooele City Code. This section depicts the standard of review for such requests
as:
1. The CSD will result in development of properties in a manner that is not reasonably feasible
under the terms of the standard zoning districts.
2. The CSD will result in development of properties that will provide a substantial benefit to the
City.
3. The CSD will result in development of properties in a manner that provides uses, configurations
and product types that are unique to the community or address a documented deficiency in the
standard zoning districts.
MODEL MOTIONS
Sample Motion for a Positive Recommendation – “I move we forward a positive recommendation to the
City Council for the Compass Point Commercial Special District (CSD) Zoning Map Amendment request
by Jake Finlinson, representing Perry Commercial, as indicated on the proposed zoning map in Exhibit
“A” in this staff report, to re-assign the land use designation for Areas A, C and D to the RC Regional
Commercial Land Use designation, and to recommend approval of the text of the Compass Point CSD as
proposed in Exhibit “B” in this staff report, application number 2026005, based on the findings listed in
the Staff Report dated August 18, 2026.”
1.

List any additional findings and conditions…

Sample Motion for a Negative Recommendation – “I move we forward a negative recommendation to the
City Council for the Compass Point Commercial Special District (CSD) Zoning Map Amendment request
by Jake Finlinson, representing Perry Commercial, as indicated on the proposed zoning map in Exhibit
“A” in this staff report, to re-assign the land use designation for Areas A, C and D to the RC Regional
Commercial Land Use designation, and to recommend approval of the text of the Compass Point CSD as
proposed in Exhibit “B” in this staff report, application number 2026005, based on the following
findings:”
1.

List findings…

Compass Point Commercial Special District (CSD)
Zoning Map Amendment Request

7

App. # 2026005

EXHIBIT A
MAPPING PERTINENT TO THE COMPASS POINT COMMERCIAL SPECIAL
DISTRICT (CSD) ZONING MAP AMENDMENT

Compass Point CSD Zoning Map Amendment

Current Zoning

Compass Point CSD Zoning Map Amendment

I

Current Land Use

Compass Point CSD Zoning Map Amendment

I

Proposed Land Use

Compass Point CSD Zoning Map Amendment

Proposed Zoning

EXHIBIT B
PROPOSED COMPASS POINT CSD

COMPASS POINT
commercial special district

prepared by

Fftus
CONSULT

I NG

TABLE OF CONTENTS
03.

purpose & intent

04.

proposed bubble plan

05.

permitted & conditional uses

07.

development standards

08.

utility lines

08.

landscape standards

09.

fencing & screening

09.

lighting

10.

off-street parking

11.

architectural / vertical

11.

amenities

11.

transportation

12.

signage

13.

example images

14.

legal descriptions

2

COMPASS POINT
COMMERCIAL SPECIAL DISTRICT
purpose & intent
The purpose of the Compass Point Commercial Special District (CSD) is to establish
a clear, master-planned framework for commercial development within the broader
Compass Point community. Consistent with the intent of the Tooele City Commercial
Special District, this CSD establishes customized development standards tailored to the
unique character and objectives of Compass Point. These standards provide a coordinated
approach to site planning, architecture, landscaping, circulation, and development while
allowing flexibility beyond the City’s standard zoning regulations to achieve a cohesive, high
quality commercial environment. This CSD will provide elevated lighting, landscaping, architectural, screening, and signage standards above that which is in the current commercial ordinance.
The Compass Point CSD is intended to:
• Enable a cohesive commercial environment that supports daily services,
employment, and destination-oriented retail/entertainment uses.
• Ensure compatibility with adjacent residential neighborhoods through lighting
controls and internal connectivity.
• Provide predictable development standards for future users.
This CSD is the governing document for development standards within the Compass
Point Commercial Special District. Development standards not specifically addressed
herein shall be governed by the applicable provisions of the Tooele City Code..

3

LEGEND
RESIDENTIAL

400 WEST

FUTURE COUNTY ARTERIAL ROAD

1200 WEST

C

I
I

OPEN SPACE (GOLF COURSE OR DETENTION)

I
I

OPEN SPACE (PARKS)
COMMERCIAL / INDUSTRIAL

EXISTING
ROUNDABOUT
EXISTING
ROUNDABOUT

3000 NORTH

A

PUBLIC FACILITIES OF INTEREST

MAIN STREET/HIGHWAY 36

3100 NORTH

PRIVATE FACILITIES OF INTEREST

tabulations

2800 NORTH

M-20 ZONE

total acreage
398.1 acres
OFF-SITE
PARKS
116 acres
area A

BERRA BLVD

400 WEST

R-7 ZONE

EXISTING FLOODPLAIN
38.9 acres
area B

2600 NORTH

area C
51 acres
COMMERICAL/INDUSTRIAL
OVERLAY

192.2 acres

legend

2400 NORTH

GHWAY

36

66' MINOR
COLLECTOR (PROPOSED)
special district1
1111 commercial

REET/HI

district
CJ residential84'special
MAJOR
COLLECTOR (EXISTING)

---

collector
••• 66’ existing
84'subMAJOR
COLLECTOR (PROPOSED)

MAIN ST

2200 NORTH

66’ proposed sub- collector

106' ARTERIAL (EXISTING)

69’ proposed sub- collector with trail

106' ARTERIAL (PROPOSED)
major collector
• •• 84’ existing

900 WEST

POD major
BOUNDARY
84’ proposed
collector

103’ proposed
modified
major collector
PROJECT
BOUNDARY

• •• 106’ existing arterial

106’ proposed arterial
TABULATION:

A

B

L

V

D

existing arterial with trail corridors
•TOTAL
•• 125’PROJECT
AREA = 1,251.2 ACRES
D project boundary

36
GHWAY
REET/HI

boundaryUNITS
MAX project
ALLOWABLE
= 3600

MAIN ST

residential special district

OPEN
SPACE = 335.2 ACRES (26.8%)
Note:

•

FR

A

N

K

S

D

R

IV

E

400 WEST

B

E

R

R

1500 NORTH

B

GRAPHIC SCALE

1000 NORTH/HIGHWAY 112
800

0

400

800

1600

( IN FEET )
1 inch = 800ft.

3200

1. Acreage designated within Area B may be transferred to Area D.
Such adjustments shall not result in an increase to the total commercial
acreage authorized for commercial or industrial uses within the
Overlake Properties. Any commercial acreage transferred from Area
B to Area D pursuant to this provision shall thereafter be governed by
the Compass Point Residential Special District Plan and applicable
residential land use designations and development standards.

4

verlake 1,300 Acres\design 23-0260\dwg\Special Commercial District\23-0260 Commercial Master Bubble Plan 071726.dwg

2000 NORTH

2000 NORTH

1200 WEST

BUBBLE PLAN

proposed

D

area D - see boundary exhibit

66' MINOR COLLECTOR (EXISTING)

PERMITTED &
CONDITIONAL USES
Accessory Building

P

Cultural Activities and Uses

P

Heliport

C

Personal Services

P

Accessory Drive
Through Facility1

C

Day-Care/
Pre-School Center

P

Hotel

P

Pet Shop/Pet Grooming

P

Accessory Dwelling
Unit for Caretaker
Only

C

Dry Cleaner

C

C

Pharmacy

P

C

Fast Food Restaurant

P

Indoor/Enclosed
Storage

P

Private Club/Bar

C

-

Financial Services

P

Laundromat

Accessory Outdoor
Sales and Display
Incidental to an
Allowed Use
Accessory Outside
Storage

-

C

Hotel

(with outdoor use)

Flex

-

Professional Office (may

P

be located within an
existing structure)

P

Amusement Facility

P

(combination of office and/or
retail, with warehousing with
docks)

P

Light Manufacturing

C

Public Use

C

Automobile Sales and
Rental

C

Funeral Home/Mortuary

P

Liquor Store

C

Public or Private
Educational Facility

C

C

Garden Center

P

Medical Cannabis
Pharmacy

Bar

P

Hardware and Garden
Supply Store

P

Membership Club

C

Bed and Breakfast Inn

P

Health Care Facility

P

Motel

P

P

Nursing Home,
Convalescent Care
Facility

Automobile Service
and Repair
(with outdoor vehicle
storage)

Business Office

(may be located within
an existing structure)

Conference Center

Contractor’s Display/
Office

Convenience Store

(with or without gasoline
sales)

-

P

P

C

P

Health Care Provider (may
be located within an existing
structure)

Health Club

(with outdoor pool or sports
use

Heavy Equipment
Sales and Rental as an
Accessory Use to an
Established Retail Use
Health Club

(no outdoor use)

C

Open Space Areas,
Trails

C

Park and Ride Facilities

P

Parking Structure

-

P

-

P

Reception Center (may
be located within an
existing structure)

Recreational Facility
(Indoor)

Recreational Facility

C

P

(Outdoor)

C

Recycling Collection Site

C

Repair Shop

-

P

(household and personal
goods with no outside
storage)

C

Research Facility

P

Restaurant

-

C

(may be located within an
existing structure)

P

P
5

PERMITTED &
CONDITIONAL USES
Retail Sales Accessory
to an Allowed Use

Retail Store

(may be located within
an existing structure)

Retail Store or
Commercial Center

(no maximum or
minimum square footage
limitations)

Shooting Range
(Indoor)

Note:

P

Temporary Construction
Office

P

Theater (Outdoor)

C

P

Temporary Seasonal Use

C

Tobacco Specialty
Store2

C

P

Temporary Use

C

C

Theater (Indoor)

P

Utility Service Facility
(major or minor)

Veterinary Clinic/
Animal Hospital
Operating Entirely
Within an Enclosed
Building

Warehouse

P

C

P

v

1. Drive-through lanes shall be screened from dedicated public rights-of-way with landscaping, berms, decorative fencing, walls, or a combination thereof, as necessary to
minimize headlight glare and visual impacts in accordance with Section 4 of the CSD Design Standards.
2. This use is not permitted if any part of the proposed or existing building containing the use is located within 1,500 feet from (a) any school (public or private kindergarten,
elementary, middle, charter, junior high, high school), public park, public recreational facility, youth center, library, or church, (b) any other Tobacco Specialty Store, or (c) on Vine
Street. Distances shall be measured in a straight line, without regard to intervening structures or zoning districts, from a Tobacco Specialty Store structure to the property line
of a school, public park, library, church, youth center, cultural activity, zoning district boundary, or other Tobacco Specialty Store. (Ord. 2011-19, 01-18-12)
3. All uses listed as conditional must receive Planning Commission approval to be permitted within the Compass Point CSD.
4. Any use not listed is therefore not permitted. For definitions of uses, please see Tooele City Code 7-1-5.
5. Outdoor fenced storage may be an accessory use to any permitted or conditionally permitted use, provided it is screened in accordance with Section 4 of the CSD Design
Standards.

6

DESIGN STANDARDS
1. DEVELOPMENT STANDARDS
The following standards reflect the Compass Point CSD application submittal and are
intended to be the baseline district standards. Adherence to these standards shall be
reviewed and approved by Tooele City as part of a commercial site plan application. All site
plan applications only need to be administratively approved, with no Planning Commission
approval, unless otherwise stated for variations or conditional uses.
1.1 Lot / Site Standards
Standard

Requirement

Minimum Lot Size

no restrictions

Lot Coverage

no restrictions

Minimum Lot Width (interior)

60’

Minimum Lot Width (corner)

80’

1.2 Setbacks
Standard

Requirement

Minimum Front Setback

10’

Minimum Side Setback (interior)

0’ with provision that alternate PU&DE is provided

Minimum Side Setback (corner)

10’ to street side of corner lots (for PU&DE)

Minimum Rear Setback

0’

4+ Story Setback

Buildings exceeding four (4) stories in height
shall be setback from any residential use or
residential zoning district a distance equal to
the height of the building as measured from
the nearest residential property line.
*Only educational facilities, healthcare
facilities, and associated accessory uses
shall be permitted to exceed four (4) stories in
height.

Note: Buildings shall remain outside of established Public Utility and Drainage Easements (PU&DE) unless
otherwise approved by the applicable utility providers and the City. All buildings shall comply with all applicable
building and fire code requirements.

1.3 Building Height
Standard

Requirement

Minimum

1 story

Maximum

Permitted to go up to 8 stories – Must comply
with Section 4.2 of this CSD. The remainder of the
acreage will have a maximum height of 4 stories.

1.4 Site Design
The location and arrangement configuration of buildings shall be approved by City staff at
the site plan application.
7

DESIGN STANDARDS
2. UTILITIES
New utility transmission lines shall be placed underground where feasible and in
accordance with applicable City utility requirements. Third-party utility lines shall not be
installed within the pavement section of public or private roadways, except for roadway
crossings installed within approved conduit.

3. LANDSCAPE
3.1 General Landscaping Requirements
1.

All park strip areas, except approved drive approaches, sidewalks, and utility
areas, shall be landscaped and maintained.

2.

Landscaping within park strips shall consist primarily of hardscape materials,
decorative rock, mulch, water-wise shrubs and plantings, or similar low-water
landscaping materials approved by the City. Seed, sod, traditional lawn, and
artificial turf areas shall be prohibited within park strips.

3.

Street trees shall be installed at a maximum spacing of 30 feet on center along all
public streets. Tree species shall be selected in accordance with the Tooele City
Street Tree Selection Guide.

4.

A minimum of two (2) trees shall be planted per park strip frontage. Where a lot
abuts public streets along the front and side boundaries, trees shall be installed
along both front and side street frontages. Trees shall not be required along rear
street frontages.

5.

Trees shall be a minimum two inch (2”) caliper measured one foot above grade
and a minimum six feet (6’) in height at the time of planting.

6.

Where park strips are less than five feet (5’) in width, required trees shall be
installed behind the sidewalk on private property.

7.

Along Main Street and 3100 North, enhanced landscaping shall be provided
to improve corridor aesthetics and soften the appearance of loading docks,
outdoor storage areas, refuse areas, and similar service functions. Landscaping
shall utilize a combination of trees, shrubs, berming, decorative walls, and layered
plantings designed to provide partial screening while maintaining visibility of

3.2 Landscaping for Individual Lots
1.

A minimum of ten percent (10%) of each lot shall be landscaped. Required
landscaped areas may include parking lot islands, landscaped drainage areas,
plazas, trails, pergolas, outdoor gathering areas, and similar amenities approved
by the City.

2.

The use of sod shall be prohibited except where approved by the City for
functional turf areas or public amenities.

3.

Parking lot landscape islands with shade trees and approved landscape
materials shall be installed at the ends of parking rows.

4.

Shade trees shall be incorporated within parking areas to provide enhanced
parking lot landscaping and shall be provided at intervals of not more than sixteen
(16) parking stalls. Trees shall not be required within parking rows adjacent to
buildings.

5.

Parking lot trees shall be a minimum two inch (2”) caliper at the time of planting.

8

DESIGN STANDARDS
4. FENCING & SCREENING
4.1 General Standards
1. Fencing shall be constructed of durable materials including masonry, splitface block, decorative metal, vinyl, composite, wood, or other similar materials
approved by the City.
2.

Chain-link fencing shall be prohibited along public street frontages except where
approved for utility, service, temporary construction, or similar uses.

3.

Barbed wire, razor wire, electrified fencing, and similar security fencing shall only
be permitted where allowed by the Tooele City Code.

4.

All fencing shall be maintained in good repair and free from deterioration, leaning,
missing materials, or graffiti.

4.2 Commercial Uses Adjacent to Residential Uses
1.

Where a commercial use abuts a residential use or residential zoning district
along a shared property line, a minimum six-foot (6’) tall masonry, concrete, vinyl,
composite, or other similar screening fence shall be installed.

2.

Required screening fences shall be maintained by the property owner in a safe
and orderly condition.

4.3 Vehicle Storage Areas
Outdoor vehicle storage areas associated with automobile repair or similar uses shall be
screened from adjacent public streets and residential uses by a minimum six-foot (6’) tall
fence or wall constructed of masonry, concrete, vinyl, composite, or other similar material.
4.4 Screening of Service Areas
1.

Outdoor storage areas, loading areas, mechanical equipment, and refuse
containers shall be screened in accordance with the fencing and screening
standards of the Commercial Special District.

2.

Screening walls and enclosures shall utilize materials and colors compatible with
the primary structure.

4.5 Height and Visibility
1.

Fence height shall comply with the requirements of the underlying zoning district
and applicable provisions of the Tooele City Code.

2.

Fencing shall not obstruct required visibility triangles or create vehicular or
pedestrian safety hazards.

5. LIGHTING
5.1 Street Lighting
1.

Collector and arterial roadways shall comply with the North Tooele Special
Service District street lighting standards.

2.

Street lighting improvements shall be installed in accordance with applicable
Tooele City requirements for commercial development projects.

9

DESIGN STANDARDS
5. LIGHTING
5.2 Site Lighting
1.

Parking lot, pedestrian, and building-mounted lighting shall be designed to
provide adequate visibility and safety while minimizing glare, light trespass, and
unnecessary upward light spill.

2.

Lighting fixtures should utilize full cutoff, fully shielded, or similarly directed fixtures
intended to reduce impacts on adjacent properties and the night sky.

3.

Lighting shall be directed downward and away from adjacent residential
properties and public rights-of-way to the greatest extent practicable.

4.

Decorative, architectural, pedestrian-scale, and energy-efficient LED lighting is
encouraged throughout the district.

5.

Alternative fixture types and lighting designs that achieve the intent of this Section
may be approved by the City.

5.3 Signage and Monument Lighting
1.

Lighting associated with monument signs, directional signs, tenant signage,
and similar commercial identification features may be internally illuminated or
externally illuminated in accordance with applicable Tooele City sign regulations.

2.

Signage lighting shall be designed to avoid excessive glare onto adjacent
properties or public rights-of-way to the greatest extent practicable.

5.4 Prohibited Lighting
1.

Unshielded lighting fixtures that create excessive glare onto adjacent properties
or public streets shall be prohibited.

2.

Flashing, strobing, or excessively bright lighting not associated with public safety
or emergency services shall be prohibited unless otherwise approved by the City.

6. OFF-STREET PARKING
6.1 Minimum Parking Requirement
1. Unless otherwise modified by this Section, a minimum of four (4) parking stalls
per one thousand (1,000) square feet of gross floor area shall be provided for all
commercial uses.
2.

Parking requirements for educational facilities, hospitals, flex space, and
warehouse uses shall be determined by the Community Development Director
based on the anticipated use, operational characteristics, shared parking
opportunities, and applicable Tooele City Code standards.

6.2 Administrative Adjustment
The Community Development Director may approve adjustments to the minimum
parking requirement where the applicant demonstrates that the proposed parking supply
adequately serves the development based on shared parking, mixed-use integration, peak
demand analysis, transit access, or other relevant factors consistent with City policy.
6.3 Compliance with City Code
All off-street parking design, layout, access, and improvement standards shall comply
with the applicable provisions of Title 7 of the Tooele City Code unless otherwise stated,
including standards for stall dimensions, drive aisles, and accessibility. The Community

10

DESIGN STANDARDS
6. OFF-STREET PARKING
Development Director may approve adjustments to the minimum parking requirement
where the proposed parking supply adequately serves the development based on
shared parking, mixed-use integration, peak demand analysis, transit access, or other
relevant factors consistent with City policy. When deemed necessary by the Community
Development Director, a site-specific parking and/or traffic study, prepared by a licensed
Professional Engineer, shall be provided.

7. ARCHITECTURAL / VERTICAL
These standards are intended to promote high-quality architectural design, visual interest,
and compatibility within the district while maintaining the flexibility necessary to support a
diverse range of commercial users and development types.
7.1 General Standards
1. Building design shall incorporate changes in massing, material, surface
articulation, or finish to emphasize entrances and pedestrian-oriented features.
2.

All building elevations shall include variation in architectural treatment, which may
be achieved through changes in color, material, texture, modulation, or detailing.
Excessively uniform or monotonous façades shall be avoided.

3.

Exterior building materials shall be durable, high-quality, and low-maintenance.
No specific material palette is mandated in order to preserve flexibility for tenantspecific design and to support long-term economic competitiveness of the district.

4.

All sides of buildings shall receive architectural design consideration consistent
with the overall building design character.

7.2 Façade Articulation
1. Exterior walls exceeding seventy feet (70’) in length shall incorporate façade
articulation techniques such as recesses, projections, material changes, or other
design features intended to break up massing and reduce visual scale.
2.

Exterior walls of buildings that are longer than seventy feet (70’) shall have relief
features at least four inches (4”) deep at planned intervals.

8. AMENITIES
No public or private amenities shall be required within the Commercial Special District.
However, the Community Development Director may approve reductions to the minimum
landscaping requirements by allowing the square footage occupied by City-approved
amenities to be credited toward the required landscaped area.

9. TRANSPORTATION
Unless otherwise stated in the Commercial Special District Plan, street standards will
adhere to Tooele City Code Title 4 Chapter 8: Road and Bridge Construction Standards as
stated at the time of approval.
1.

Final roadway alignments, street classifications, access locations, intersection
configurations, truck routes, pedestrian connectivity, and related transportation
improvements shall be established during the preliminary subdivision and site
plan review process.

2.

All fire and emergency vehicle access requirements shall be verified for
compliance at the time of preliminary plat.

11

DESIGN STANDARDS
10. SIGNAGE STANDARDS
10.1 Pylon Signage
All pylon signage shall have the following maximum dimensions:
Standard

Requirement

Maximum Height

35’

Maximum Width

10’

Maximum Sign Area

350 SF

Pylon Signage shall be allowed along road frontages, including Meridian Way, 3100 N. and
SR-36. One pylon sign can be installed for every 500 feet of frontage. Additional pylon sign
locations may be approved by the Planning Commission through the applicable site plan
review process. Setbacks for signage shall be calculated from the sign footing.
10.2 Masterplan Monumentation Signage
Within 300’ of the intersection of 3100 N and SR-36, two monument signs are allowed
with a maximum width of 60’ and a maximum height of 15’. Sign permit and building
permit will be required. Within 3’ of the footing of the Masterplan Monumentation Signage,
landscaping shall be required.

L
conceptual signage

10.3 City Entry Monument Signage
Within Lot 1 of the Sage Flats Subdivision, a 20’ wide by 15’ tall monument sign will be
allowed for a Tooele City entry monument.

12

walkable areas with spaces for rest & relaxation

shade canopies for commercial users

elevations with varying height & multiple material requirements

elevated landscape adjacent to monument signage

elevated landscape in industrial areas

elevated planting at entrances and walking trails

EXAMPLE IMAGES
13

LEGAL DESCRIPTION
AREA A

Compass Point CSD Area A Legal Description

Compass Point Special Commercial District Area A Boundary Description

A parcel of land located in the Southeast Quarter of Section 4, Township 3 South, Range 4 West, Sa lt
Lake Base and Meridian, Tooele County, Utah, described as follows:
Beginning at a Right-Of-Way Marker on the westerly line of State Road 36, said Marker being
North 00°28'00" West 2642.99 feet along the Section Line to the West Quarter Corner of said
Section 4 and North 89°43 '58" East 5214.83 feet along the Quarter Section Line from the Southwest
Corner of said Section 4 and running thence along sa id westerly line the following two (2) courses:
1) South 00°25'29" East 1907.55 feet,
2) Southerly 730.87 feet along an 8000.00-foot-radius curve to the right through a central angle of
05°14'04", chord bears South 02°11'33" West 730.62 feet to the southerly line of said Section 4;
thence South 89°40'13" West 2538.46 feet along said southerly line to the monument marking the
South Quarter Corner of said Section 4;
thence North 00°26'52" West 834 .12 feet along said Quarter Section Line and along the center line of a
proposed 66.0-Foot Wide Road;
thence along said proposed center line the fol lowing three (3) courses:
1) Northerly 211.69 feet along a 498.87-foot -radius curve t o the right through a central angle of
24°18'48", chord bears North 11 °42'32" East 210.11 feet,
2) Northerly 283.94 feet along a 349.67-foot -radius curve t o the left through a central angle of
46°31'37", chord bears North 00°36'08" East 276.21 feet,
3) North 22°39' 41" West 91.33 feet to the center line of 3100 North Street;
thence along said center line the following three (3) courses:
1) North 67°20'19" East 438.44 feet,
2) Easterly 405.42 feet along a 1039.00-foot-radius curve to the right through a centra l angle of
22°21'25", chord bears North 78°31'01" East 402.85 feet,
3) North 89°41'44" East 812.00 feet to the center li ne of Merid ian Way (250 East Street);
thence North 00°18'16" West 994.06 feet along said center line to said Quarter Section Line;
thence North 89°43'58" East 942.32 feet along said Quarter Section Line to said Right-Of-Way Marker on
the westerly line of State Road 36 and to the Point of Beginning.
Contains 116.076 Acres

LEGAL DESCRIPTION
AREA A

SCALE: 1" = 500'

P.O.B.
4

4

J

4

I I~

I

I I~

I

i;::::i

I

11§

_
1

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11
11

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-

1100 NORTHSr

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--1

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COMPASS POINT
COMMERCIAL DISTRICT

L_J I,,

-- - -- ~ ..-----------------------'4~
9

9

COMPASS POINT COMMERCIAL DISTRICT
PERRY COMMERCIAL

10

DRAWN:
JRC

2026/ 01/23

PROJECT:

1043033

SURVEY 1043033.dWg

1470 South 600 West.
Woods Cross, Utah 84010
Phone 801-298-2236

EXB (1)
BNDYEXHIBR

LEGAL DESCRIPTION
Compass Point CSD Area B Legal Description

AREA B
LEGAL DESCRIPTION
TOOELE CITY, UTAH
March 24, 2026
23-0260
RM/LH
COMPASS POINT SPECIAL COMMERCIAL DISTRICT AREA B LEGAL
DESCRIPTION
A part of the Southeast Quarter and Southwest Quarter of Section 17, Township 3
South , Range 4 West, Salt Lake Base and Meridian , located in Tooele City, Tooele
County, Utah , being more particularly described as follows:
Beginning at a point located S89°43'49"W 1322.90 feet along the Section line and
N0°16'11 "W 52.67 feet from the South Quarter Corner of Section 17, Township 3 South ,
Range 4 West, Salt Lake Base and Meridian; running thence N00°16'28"W 715.51 feet;
thence N89°45' 15"E 2372 .62 feet; thence S00°14'06"E 714.20 feet; thence S89°43'21"W
2,372.13 feet to the point of beginning.
Containing 38.93 acres +/-.

LEGAL DESCRIPTION
AREA B

JUSTIN LUNDBERG
LEXINGTON AT
OVERLAKE SUBDIVISION

02-128-0-0042
TOOELE ASSOCIATES,
LIMITED PARTNERSHIP

S0°14'06"E 714.20'

N89°45'15"E 2372.62'

38.93 ACRES +/POINT OF
BEGINNING

02-128-0-0041
PERRY HOMES INC

N0°16'11"W
52.67' (TIE)

18 17

S89°43'21"W 2372.13'

SR 112 HIGHWAY

1322.90' (TIE)

BASIS OF BEARING:
S89°43'49"W 2645.67'

SOUTHWEST CORNER OF
SECTION 17, T3S, R4W, SLB&M
FOUND 3" ROUND TOP BRASS
MONUMENT

II

12554439

02-128-0-0041
PERRY HOMES INC

N0°16'28"W 715.51'

02-128-0-0021
HAWTHORNE
TOOELE LAND LLC

MID VALLEY TRAIL

03/30/26

02-087-0-0041
HAWTHORNE TOOELE
LAND LLC

17 16
SOUTH QUARTER CORNER OF
SECTION 17, T3S, R4W, SLB&M
FOUND 3" ROUND TOP BASS
MONUMENT

02-002-0-0049
RED BLUE MOON LLC

COMPASS POINT SPECIAL COMMERCIAL
DISTRICT AREA B BOUNDARY EXHIBIT

CONSULTING

6949 S. HIGH TECH DRIVE SUITE 200
MIDVALE, UTAH 84047 PH: (801) 352-0075
www.focus-es.com

LOCATED IN THE SOUTHEAST 1/4 AND SOUTHWEST 1/4 OF SECTION 17, T3S, R4W,
SALT LAKE BASE & MERIDIAN TOOELE CITY, TOOELE COUNTY, UTAH

Date Created:

03/24/2026

Scale:
Drawn:

N.T.S

RM/LH

Job:

23-0260

Sheet:

1 OF 1

Z:\_2023\23-0260 Overlake 1,300 Acres\design 23-0260\dwg\exhibits\survey exhibits\23-0260 Property Commercial Exhibit.dwg

s

LEGAL DESCRIPTION
AREA C

Compass Point CSD Area C Legal Description

LEGAL DESCRIPTION
TOOELE CITY, UTAH
March 24, 2026
23 -0260
LH
COMPASS POINT SPECIAL COMMERCIAL DISTRICT AREA C BOUNDARY LEGAL
DESCRIPTION
Apart of the Northwest Quarter and the Northeast Quarter of Section 5, Township 3 South,
Range 4 West, Salt Lake Base and Meridian, located in Tooele City, Tooele County, Utah, being
more particularly described as follows:
Beginning at a point located on the Northerly line of the Warranty Deed recorded
September 23, 2015 as Entry No. 418920 in the Tooele County Recorder's Office said point also
being N89°40 ' 24"E 1942.05 feet along the Section line and S00°19 '36"E 1524.75 feet from the
Northwest Corner of Section 5, Township 3 South, Range 4 West, Salt Lake Base and Meridian;
running thence along said deed line the following three (3) courses: (1) N89°37'23"E 703.57 feet;
thence (2) N89°36'40"E 2,643.34 feet; thence (3) S00°27 136"E 811.14 feet; thence West
493.65 feet; thence along the arc of a curve to the right with a radius of 184.00 feet a distance of
91.01 feet through a central angle of 28°20 1 19" Chord: N75 °49 150"W 90.08 feet to a point of
reverse curvature; thence along the arc of a curve to the left having a radius of 316.00 feet a
distance of 159.27 feet through a central angle of 28°52'40" Chord: N76°06'01 "W 157.59 feet;
thence S89°27 139"W 366.93 feet; thence S89°27 139"W 474.45 feet; thence Westerly along the arc
of a non-tangent curve to the left having a radius of 693.11 feet (radius bears: S0l 0 00 123"W) a
distance of 448.44 feet through a central angle of 37°04 1 13" Chord: S72°28 1 l6"W 440.66 feet;
thence N54°52 10l "W 210.01 feet to the easterly line of the Tooele City Reuse Lakes and Overlake
Golf Course Amended Plat thereof recorded March 16, 2016 as Entry No. 426158 in the Toole
County Recorder's Office; thence along said plat the following eleven (11) courses: (1)
N28°16 129"W 188.22 feet; thence (2) N81 °32 144"W 407.05 feet; thence (3) Northwesterly along
the arc of a non-tangent curve to the left having a radius of 113.91 feet (radius bears: S42°5 l '33"W)
a distance of 53 .52 feet through a central angle of 26°55' 12" Chord: N60°36103"W 53.03 feet;
thence (4) N74°03 139"W 92.83 feet; thence (5) N80°42 134"W 44.82 feet; thence (6) N72°37 154"W
4 16.05 feet; thence (7) N38°12'17"W 82.15 feet; thence (8) N51 °47'43"E 5.44 feet; thence (9)
Northerly along the arc of a non-tangent curve to the left having a radius of 113.39 feet (radius
bears: N34°21 102"W) a distance of 167.40 feet through a central angle of 84°35 1 13" Chord:
Nl3 °21 122"E 152.61 feet; thence (10) N66°58 156"E 19.25 feet; thence (11) N46°55'07"W
169.73 feet to the point of beginning.
Containing 51.11 acres +/-

LEGAL DESCRIPTION
AREA C
32
5

I

NORTHWEST CORNER
I
SECTION 5, T33, R4W,
I
SLB&M
FOUND 3" ROUND TOP I
BRASS MONUMENT 2017 I

I

S00°19'36"E
1524.75' (TIE)

i

POINT OF
BEGINNING

MEASURED
N89°40'29"E 2642.27'

32
5

32 33
5 4
NORTHEAST CORNER
SECTION 5, T3S, R4W, SLB&M
FOUND 3" ROUND TOP BRASS
MONUMENT 2015

NORTH QUARTER CORNER
SECTION 5, T3S, R4W, SLB&M
FOUND 3" FLAT BRASS
MONUMENT

QUARTER SECTION LINE

BASIS OF BEARING
N89°40'24"E 2643.16'
1942.05' (TIE)

+--+----- -1

~

v1

03/30/26
12554439

JUSTIN LUNDBERG
PARCEL 01-403-0-0001
CORP PRES BISH LDS

PARCEL
02-141-0-0012
COUNTY OF TOOELE

N89°37'23"E
703.57'

N46°55'07"W
169.73'

N89°36'40"E
2643.34'

PARCEL 02-142-0-0003
COUNTY OF TOOLE
ENTRY NO. 262519

N66°58'56"E
19.25'
R=113.39'
Δ=84°35'13"
L=167.40'
CH=N13°21'22"E 152.61'

S0°27'36"E
811.14'

CONTAINS 51.11
ACRES +/-

PARCEL 02-141-0-0008
WIELATZ CONNIE D

N51°47'43"E
5.44'

PARCEL 02-141-0-0007
MELO RANDY JT

N38°12'17"W
82.15'

N74°03'39"W
92.83'

S89°27'39"W
366.93'

N80°42'34"W
44.82'

R=113.91'
Δ=26°55'12"
L=53.52'
CH=N60°36'03"W 53.03'

PARCEL 02-141-0-0006
RSG ASSOCIATES, LLC

S89°27'39"W
474.45'
N81°32'44"W
407.05'

R=316.00'
Δ=28°52'40"
L=159.27'
CH=N76°06'01"W 157.59'

N28°16'29"W
188.22'
N54°52'01"W
210.01'
R=693.11'
Δ=37°04'13"
L=448.44'
CH=S72°28'16"W 440.66'

WEST
493.65'

R=184.00'
Δ=28°20'19"
L=91.01'
CH=N75°49'50"W 90.08'

~

PARCEL
02-142-0-0020
PERRY HOMES INC
ENTRY NO. 418920

TOOELE CITY REUSE
LAKES AND OVERLAKE
GOLF COURSE
AMENDED PLAT
ENTRY NO. 426158

- 1•

PARCEL
02-141-0-0003
ERDA ACRES WATER COMPANY
ENTRY NO. 157503

COMPASS POINT SPECIAL COMMERCIAL
DISTRICT AREA C BOUNDARY EXHIBIT

CONSULTING

6949 S. HIGH TECH DRIVE SUITE 200
MIDVALE, UTAH 84047 PH: (801) 352-0075
www.focus-es.com

LOCATED IN THE NW 1/4 AND NE 1/4 OF SECTION 5
SALT LAKE BASE AND MERIDIAN
TOEELE CITY, TOOELE COUNTY, UTAH

Date Created:

03/24/2026

Scale:
Drawn:
Job:

N.T.S
LH

23-0260

Sheet:

1 OF 1

Z:\_2023\23-0260 Overlake 1,300 Acres\design 23-0260\dwg\exhibits\survey exhibits\23-0260 Property RSD Exhibit.dwg

N72°37'54"W
416.05'

PARCEL
02-141-0-0005
PERRY DEVELOPMENT, LLC

31
6

LEGAL DESCRIPTION
AREA D

07/14/26

LEGAL DESCRIPTION
PREPARED FOR
OVERLAKE 1,300 ACRES
TOOELE CITY, UTAH
July 14, 2026
23-0260
RM

No.12554439
Justin Lundberg

COMPASS POINT SPECIAL COMMERCIAL DISTRICTAREA D LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 5, Northwest and Southwest of Section 8,
Northwest Quarter of Section 17, Township 3 South, Range 4 West, Salt Lake Base and Meridian,
located in Tooele City, Tooele County, Utah, being more particularly described as follows:
Beginning at the West Quarter Corner of Section 5, Township 3 South, Range 4 West, Salt
Lake Base and Meridian; running thence N89°32'53"E 432.36 feet to a westerly lot line of Lot 1
of the Tooele City Reuse Lakes and Overlake Golf Course Amended Plat according to the official
plat thereof recorded March 16, 2016 as Entry No. 426158 in the Tooele County Recorder's Office;
thence along said Lot 1 the following two (2) courses: (1) S13°58'58"W 195.88 feet; thence (2)
S54°48'07"E 504.11 feet; thence S36°07'58"W 133.52 feet to a northerly lot line of Lot 3 of said
Tooele City Reuse Lakes and Overlake Golf Course Amended Plat; thence along said Lot 3 the
following ten (10) courses: (1) N78°08'34"W 24.68 feet; thence (2) S51°20'33"W 105.57 feet;
thence (3) S36°43'04"W 86.21 feet; thence (4) Southerly along the arc of a non-tangent curve to
the left having a radius of 78.47 feet (radius bears: S50°34'59"E) a distance of 87.89 feet through
a central angle of 64°10'26" Chord: S07°19'48"W 83.37 feet; thence (5) S24°45'18"E 561.58 feet;
thence (6) S46°35'33"W 174.46 feet; thence (7) S02°00'32"W 754.40 feet; thence (8) S20°44'57"E
311.45 feet; thence (9) S30°18'49"E 490.08 feet; thence (10) N57°13'18"E 37.99 feet; thence
S32°48'15"E 74.99 feet to a northerly lot line of Lot 6 of said Tooele City Reuse Lakes and
Overlake Golf Course Amended Plat; thence along said Lot 6 the following twenty-three (23)
courses: (1) S57°11'45"W 96.69 feet; thence (2) S20°16'36"W 480.65 feet; thence (3)
S01°41'58"W 167.36 feet; thence (4) S14°56'09"E 113.43 feet; thence (5) S54°22'20"E 202.34
feet; thence (6) S12°59'46"W 145.94 feet; thence (7) Westerly along the arc of a non-tangent curve
to the left having a radius of 89.76 feet (radius bears: S05°09'16"W) a distance of 84.47 feet
through a central angle of 53°55'15" Chord: S68°11'38"W 81.39 feet; thence (8) S41°09'39"W
175.60 feet; thence (9) Southwesterly along the arc of a non-tangent curve to the right having a
radius of 135.22 feet (radius bears: N48°47'11"W) a distance of 51.78 feet through a central angle
of 21°56'19" Chord: S52°10'58"W 51.46 feet; thence (10) S63°09'09"W 167.19 feet; thence (11)
Southwesterly along the arc of a non-tangent curve to the left having a radius of 150.12 feet (radius
bears: S26°55'10"E) a distance of 199.63 feet through a central angle of 76°11'26" Chord:
S24°59'07"W 185.24 feet; thence (12) S13°06'36"E 183.16 feet; thence (13) Easterly along the arc
of a non-tangent curve to the left having a radius of 97.99 feet (radius bears: N76°51'26"E) a
distance of 199.08 feet through a central angle of 116°24'10" Chord: S71°20'39"E 166.56 feet;
thence (14) N50°34'51"E 194.34 feet; thence (15) N67°31'40"E 79.43 feet; thence (16) Easterly
along the arc of a non-tangent curve to the right having a radius of 109.85 feet (radius bears:
S22°29'18"E) a distance of 91.97 feet through a central angle of 47°58'17" Chord: S88°30'09"E
89.31 feet; thence (17) Easterly along the arc of a non-tangent curve to the left having a radius of
114.83 feet (radius bears: N25°28'49"E) a distance of 64.34 feet through a central angle of
32°06'08" Chord: S80°34'15"E 63.50 feet; thence (18) N83°22'37"E 136.02 feet; thence (19)

LEGAL DESCRIPTION
AREA D
S89°22'57"E 218.36 feet; thence (20) Easterly along the arc of a non-tangent curve to the left
having a radius of 64.68 feet (radius bears: N00°41'33"E) a distance of 51.90 feet through a central
angle of 45°58'33" Chord: N67°42'16"E 50.52 feet; thence (21) N44°43'04"E 14.86 feet; thence
(22) S63°53'51"E 142.98 feet; thence (23) S81°18'06"E 63.05 feet; thence S12°15'54"E 83.35 feet
to a northerly lot line of Lot 8 of said Tooele City Reuse Lakes and Overlake Golf Course Amended
Plat; thence along said Lot 8 the following five (5) courses: (1) S67°54'50"W 112.80 feet; thence
(2) S18°40'42"W 493.75 feet; thence (3) S39°23'25"W 300.27 feet; thence (4) S32°23'21"W
423.77 feet; thence (5) S01°18'15"W 148.48 feet; thence S29°19'01"W 69.12 feet; thence along
the arc of a curve to the left with a radius of 110.00 feet a distance of 56.28 feet through a central
angle of 29°19'01" Chord: S14°39'31"W 55.67 feet; thence South 4,125.83 feet; thence
Northwesterly along the arc of a non-tangent curve to the left having a radius of 2,612.50 feet
(radius bears: S36°11'27"W) a distance of 360.85 feet through a central angle of 7°54'50" Chord:
N57°45'58"W 360.56 feet; thence N61°43'23"W 695.57 feet to the Section line; thence along said
Section line N00°17'29"W 1,668.81 feet to the Southwest Corner of Section 8; thence
N00°21'40"W 2,641.98 feet to the West Quarter Corner of Section 8; thence N00°21'37"W
2,642.10 feet to the Southwest Corner of Section 5; thence N00°17'49"W 2,631.28 feet to the point
of beginning.
Containing 198.73 acres +/-.
Less and excepting Lot 2 of the of Tooele City Reuse Lakes and Overlake Golf Course Amended
Plat according to the official plat thereof recorded March 16, 2016 as Entry No. 426158 in the
Tooele County Recorder's Office.
Containing 6.53 acres +/-.
SPECIAL COMMERCIAL DISTRICTAREA 192.20 ACRES +/-

07/14/26
No.12554439
Justin Lundberg

LEGAL DESCRIPTION
AREA D

~--

07/14/26

I

S12°15'54"E
83.35'

No.12554439
Justin Lundberg

'

\

S81°18'06"E
63.05'

"

\

N44°43'04"E
14.86'

S18°40'42"W
493.75'
S12°59'46"W
145.94'

LOT 1

S32°48'15"E
74.99'

N78°08'34"W
24.68'
S51°20'33"W
105.57'

R=78.47'
Δ=64°10'26"
L=87.89'
CH=S7°19'48"W 83.37'

S36°43'04"W
86.21'
S24°45'18"E
561.58'

S54°48'07"E
504.11'

LOT 3

S2°00'32"W

OVERALL AREA:
198.73 ACRES +/SPECIAL COMMERCIAL
DISTRICT AREA:
192.20 ACRES +/-

754.40'

5

8

7

6

N67°31'40"E
79.43'

S41°09'39"W
175.60'
R=135.22'
Δ=21°56'19"
L=51.78'
CH=S52°10'58"W 51.46'
S63°09'09"W
167.19'

SOUTHWEST CORNER OF
SECTION 5, T3S, R4W, SLB&M
FOUND MONUMENT 1982
6

5

5

6

S1°41'58"W
167.36'

S30°18'49"E
490.08'

TOOELE CITY REUSE LAKES
AND OVERLAKE GOLF COURSE AMENDED PLAT
ENTRY NO. 426158

N89°32'53"E
432.36'

S89°22'57"E
218.36'

S20°16'36"W
480.65'

N57°13'18"E
37.99'

LOT 2
6.53 ACRES +/-

S14°56'09"E
113.43'

S20°44'57"E
311.45'

S46°35'33"W
174.46'

S13°58'58"W
195.88'

LOT 8

S63°53'51"E
142.98'
N83°22'37"E
136.02'
R=114.83'
Δ=32°06'08"
L=64.34'
CH=S80°34'15"E 63.50'

S39°23'25"W
300.27'

R=109.85'
Δ=47°58'17"
L=91.97'
CH=S88°30'09"E 89.31'
N50°34'51"E
194.34'
R=97.99'
Δ=116°24'10"
L=199.08'
CH=S71°20'39"E 166.56'

R=150.12'
Δ=76°11'26"
L=199.63'
CH=S24°59'07"W 185.24'

S13°06'36"E
183.16'

8

S57°11'45"W
96.69'
S36°07'58"W
133.52'

S67°54'50"W
112.80'

S54°22'20"E
202.34'

8

~

WEST 1/4 CORNER OF
SECTION 5, T3S, R4W, SLB&M
FOUND 2.5' FLAT TOP BRASS
MONUMENT 1981

--- --b.,f::::±::.----ir---------t~~~-----~------ -rBASIS OF BEARING: N0°17'49"W 2631.28'

01-404-0-0008
CHRISTENSEN
FAMILY REVOCABLE

POINT OF
BEGINNING

01-404-0-0009
THE TSO LIVING
TRUST

N0°17'49"W 2631.28'

01-404-0-0010
PERRY LAND
INVESTMENTS LLC

N0°21'37"W 2642.10'

MEASURED: N0°21'37"W 2642.10'

02-138-0-0014
CHRISTENSEN RANDY
LEE

02-138-0-001
DALE AND MARJORIE
JENSEN

02-138-0-007
G.E. ENGLAND FAMILY
CORPORATION,
L.C.

SW 1/4 OF SECTION 5, NW 1/4 & SW 1/4 OF SECTION 8 AND NW 1/4 OF SECTION 17

R=89.76'
Δ=53°55'15"
L=84.47'
CH=S68°11'38"W 81.39'

TOOELE CITY REUSE
LAKES
AND OVERLAKE GOLF
COURSE AMENDED PLAT
ENTRY NO. 426158

7

~

\

WEST 1/4 CORNER OF
SECTION 8, T3S, R4W, SLB&M
FOUND MONUMENT 1982
7

/
/

COMPASS POINT SPECIAL COMMERCIAL
DISTRICT AREA D BOUNDARY EXHIBIT

LOT 6

I

Date Created:
Scale:

07/14/2026
N.T.S.

Drawn:

RM/LH

Job:

23-0260

Sheet:

1 OF 1

Z:\_2023\23-0260 Overlake 1,300 Acres\design 23-0260\dwg\exhibits\survey exhibits\23-0260 Property Commercial District Area D.dwg

R=64.68'
Δ=45°58'33"
L=51.90'
CH=N67°42'16"E 50.52'

YJ

LEGAL DESCRIPTION
AREA D
S12°15'54"E
83.35'

07/14/26
No.12554439
Justin Lundberg

, - - - - -

-

--

1

I

02-128-0-0025
PERRY HOMES

LOT 8
S39°23'25"W
300.27'

02-128-0-0046
PERRY HOMES INC

02-139-0-0021
PERRY HOMES INC

R=2612.50'
Δ=7°54'50"
L=360.85'
CH=N57°45'58"W 360.56'
'

OVERALL AREA:
198.73 ACRES +/SPECIAL COMMERCIAL
DISTRICT AREA:
192.20 ACRES +/-

.57

R=110.00'
Δ=29°19'01"
L=56.28'
CH=S14°39'31"W 55.67'

1°4

3'2

R=97.99'
Δ=116°24'10"
L=199.08'
CH=S71°20'39"E 166.56'

7

17

8
02-138-0-0003
TOOELE INDUSTRIAL
LAND HOLDINGS, LLC

18

7

N0°21'40"W 2641.98'

MEASURED: N0°21'40"W 2641.98
02-138-0-0005
TOOELE INDUSTRIAL
LAND HOLDINGS, LLC

SOUTHWEST CORNER OF
SECTION 8, T3S, R4W, SLB&M
FOUND MONUMENT 1981

8

8

WEST 1/4 CORNER OF
SECTION 8, T3S, R4W, SLB&M
FOUND MONUMENT 1982
7

N6

S13°06'36"E
183.16'

02-138-0-007
G.E. ENGLAND FAMILY
CORPORATION,
L.C.

02-128-0-003
PERRY HOMES INC

SOUTH 4125.83'
S1°18'15"W
148.48'

N50°34'51"E
194.34'

S29°19'01"W
69.12'

695

R=109.85'
Δ=47°58'17"
L=91.97'
CH=S88°30'09"E 89.31'

S32°23'21"W
423.77'

3"W

S63°53'51"E
142.98'
N83°22'37"E
136.02'
R=114.83'
Δ=32°06'08"
L=64.34'
CH=S80°34'15"E 63.50'

N0°17'29"W 1668.81'
02-145-0-0016
TOOELE INDUSTRIAL
LAND HOLDINGS, LLC

02-145-0-0023
TOOELE INDUSTRIAL
LAND HOLDINGS, LLC

COMPASS POINT SPECIAL COMMERCIAL
DISTRICT AREA D BOUNDARY EXHIBIT

I

S18°40'42"W
493.75'

N67°31'40"E
79.43'

=
/ ======I

SW 1/4 OF SECTION 5, NW 1/4 & SW 1/4 OF SECTION 8 AND NW 1/4 OF SECTION 17

• - •·

Date Created:
Scale:

07/14/2026
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EXHIBIT C
APPLICANT SUBMITTED INFORMATION

Commerd.all Sped.all Diistriict Appliica1to.oj]].
Commun ity Development Department
90 North Main Street, Tooele, UT 84074
(435) 843 -2132 Fax (435) 843-2139
www .tooelecity.org
Notice: 1l1e appl icant must submit copies of the text amendment proposal to be reviewed by the City in accordance with the terms of the Tooele
City Code. Once a Commerc ial Special District proposal is submitted, the proposal is subject to compliance reviews by the various city departments
and may be returned to the applicant for revision if the proposal is found to be inconsistent with the requirements of the City Code and all other
applicable City ordinances. All submitted Commercial Special District proposals shall be reviewed in accordance with the Tooele City Code.
Submission ofa text amendment proposal in no way guarantees placement of the application on any particular agenda of any City reviewing body.
It is strongly advised that all applications be submitted well in advance of any anticipated dead lines.

Project Info rmation
Date o!l/1r{s;:21b 2 6
Address:

,.

"

I

Applicant Name:

·,

..

Jake Finlinson

17 E Winchester St . Murray , UT 84107

Phone:

I

I Email:

Alternate Phone:

Project Site Address :

See lega l description attached .
Brief Summary of Proposal :

As part of the Compass Point planned commercial , we would like
change the commercial standards to allow for maximum flexibility
We believe these changes will help to incentivize many national
and regiona l users to be a part of Compass Point and Tooele .

Applicant Signature:

*The application you are submitti ng will become a public record pursuant LO the provisions of the Utah Slate Government Records Access and Management Act (GR.A!vlA). You
are asked to furnish the information on this form for the purpose of iden tification and to expedite the processing of your request. This information wi ll be used only so far as
necessary for completing the transaction. lfyou decide not to supply the requested information. you should be aware that your application may take a longer time or may be
impossible to complete. If you are an "at-risk government employee" as defined in U,ah Code Ann § 63-2-302.5, please inform the city employee accepting this information.
Tooele City does nol currently share your private. controlled or protected infonnation wi th any other person or government entity .

Note to Applicant:
Commercial Special Districts are approved by ordinance. Any change to an approved Commercial
Special District requires an amendment by ord inance for which the procedures are established by city and
state law. Since the procedures must be foll owed precisely, the time for amending Commercial Special
District may vary fro m as little as 2½ months to 6 months or more depending on the size and complexity
of the desired ame ndments and the timi ng.

Received By:

I

For Office Use Only
Date Received:

I

Fees:

.

I App .#:

Exhibit D

Draft Planning Commission Minutes

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-----Tooele City Planning Commission
Business Meeting Minutes

Date: August 26, 2026
Time: 7:00 p.m.
Place: Tooele City Hall, Council Chambers
90 North Main Street, Tooele, Utah
Planning Commissioners Present:
Melanie Hammer
Chris Sloan
Jon Proctor
Tyson Hamilton
Weston Jensen
Kelley Anderson
Sarah Faircloth, Alternate
Absent:
Amanda Cordova
Frank Linford, Alternate
Council Member Liaisons:
Ed Hansen
Jon Gossett
Staff Present:
Andrew Aagard, Community Development Director
Anna Anglin, City Planner
Matt Johnson, City Attorney
Paul Hansen, City Engineer
Teresa Young, Clerk/Minute Composition
Minutes Prepared by Teresa Young
1. Pledge of Allegiance
Chairman Hamilton opened the meeting 7:00 p.m., and led the pledge of allegiance.
Chairman Hamilton provided a quick announcement for applicants, the public, and everyone involved:
“There has been a significant increase in fraudulent phishing requests using information from public
notices related to Planning Commission meetings. Please be aware that Tooele City only collects fees at
the time of application submittal and will never request additional payments via wire transfer. All
official emails from Tooele City will end in @tooelecity.gov. If you receive a payment request from
any other email after submitting your application, it is fraudulent. Do not send money, and please
contact the Tooele City Community Development Department immediately to report it. Stay vigilant
and protect your information and assets.
2. Roll Call
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Melanie Hammer, Present
Chris Sloan, Present
Jon Proctor, Present
Sarah Faircloth, Present
Weston Jensen, Present
Kelley Anderson, Present
3. Public Hearing and Recommendation on a request for approval of a zoning map
amendment and land use map amendment request by Perry Commercial to reassign the zoning and land use designation for properties located at approximately
3100 North SR-36 (116 acres), 800 West 1000 North (39 acres), 3300 North 400
West (51 acres), and 1200 West 2400 North (192 acres). The applicant is
requesting to re-assign the land use designation for the subject properties to RC
Regional Commercial, to re-assign the zoning to the Compass Point CSD Zoning
District, and to adopt a new Compass Point CSD Zoning Ordinance
Mr. Aagard gave presentation a regarding the proposed Compass Point Commercial Special District
(CSD). He explained that the application is a legislative matter and that the Planning Commission's role
is advisory, with the City Council serving as the final approval authority. The Planning Commission
may forward a positive or negative recommendation, or recommend changes to the City Council, but
does not have the authority to require the applicant to rewrite the proposed CSD.
The proposed application includes amendments to the land use and zoning maps and adoption of a new
zoning ordinance establishing development standards for the Compass Point CSD. Planning Staff
reviewed the proposed permitted and conditional uses, lot and building standards, landscaping, fencing
and screening, parking, lighting, architectural design, and signage requirements.
Mr. Aagard also reviewed the criteria the Planning Commission must consider when making its
recommendation, including whether the CSD would allow development that is not reasonably feasible
under standard zoning districts, provide a substantial benefit to the City, and create unique uses,
configurations, or product types or address deficiencies in the existing zoning regulations. He noted that
a public hearing was required and that notices had been sent to surrounding property owners. A
comment was received from Tooele County, primarily regarding the future right-of-way connection,
and staff indicated that the applicant and Perry Homes were already working with UDOT and the
County to address the matter.
Chairman Hamilton opened the public hearing at 7:25 p.m. Seeing no members of the public
coming forward. Chairman Hamilton closed the public hearing at 7:25 p.m.
Mr. Finlinson, representing Perry Homes, stated that the proposed Compass Point Commercial Special
District (CSD) would provide significant long-term benefits to both the community and the City
through commercial development and increased sales tax revenue. He explained that the commercial
areas would serve as key entry points into the Compass Point community, which is anticipated to
include approximately 3,600 residential units at full buildout.
Mr. Finlinson stated that the proposed CSD includes enhanced standards for landscaping, lighting,
signage, and architectural design intended to create attractive and well-designed commercial areas. He

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explained that the standards were developed to attract a variety of high-quality national, regional, and
local retailers, restaurants, entertainment venues, and other commercial tenants, while providing the
City with a competitive advantage in attracting future development.
Mr. Finlinson further stated that Perry Homes intends to remain a long-term partner with the City and
assist in addressing future infrastructure and community needs as the area develops. He expressed that
Compass Point has the potential to become a premier commercial hub for the county and help reduce
sales tax leakage to surrounding communities.
Motion: Commissioner Proctor moved that move we forward a positive recommendation to the
City Council for the Compass Point Commercial Special District (CSD) Zoning Map Amendment
request by Jake Finlinson, representing Perry Commercial, as indicated on the proposed zoning
map in Exhibit “A” in this staff report, to re-assign the land use designation for Areas A, C and D
to the RC Regional Commercial Land Use designation, and to recommend approval of the text of
the Compass Point CSD as proposed in Exhibit “B” in this staff report, application number
2026005, based on the findings listed in the Staff Report dated August 18, 2026. Commissioner
Jensen seconded the motion. The vote was as follows: Commissioner Hammer, “Aye”; Commissioner
Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Faircloth, “Aye”; Commissioner Jensen,
“Aye”; Commissioner Anderson, “Nay”; and Chairman Hamilton, “Aye”. The motion passed 6-1.
4. Public Hearing and Decision to consider a Conditional Use Permit request by Dallas Rowberry to
authorize a “pet shop/ pet grooming” business in the General Commercial (CG) zoning district,
located at approximately 756 North Main Street.
Ms. Anglin presented a request for a Conditional Use Permit for a pet shop and pet grooming business
located at 756 North Main Street. The approximately 1.64-acre property is zoned General Commercial
and designated Regional Commercial in the General Plan. The business would occupy an existing
tenant space and would include retail sales of pet supplies, nine grooming tables, and three bathing tubs.
No exterior site improvements are proposed.
Ms. Anglin explained that planning staff recommended conditions limiting the use to pet grooming and
customary retail sales and clarifying that the approval would not authorize a kennel, boarding facility,
animal daycare, or live animal sales. Animals would only be permitted to remain on the premises for
the time reasonably necessary for grooming services. Additional conditions would require the facility to
be maintained in a clean and sanitary condition and for animal waste to be properly disposed of.
Planning Staff confirmed that the proposed use would not require additional water rights or waterrelated improvements and that the existing site provides sufficient parking. Planning Staff found the
proposal to be consistent with the General Plan and applicable City Code and determined that the
proposed conditions would adequately mitigate any reasonably anticipated impacts.
Chairman Hamilton opened the public hearing at 7:36 p.m. Seeing no members of the public coming
forward. Chairman Hamilton closed the public hearing at 7:36 p.m.
Ms. Rowberry stated that the business would not sell live animals or provide overnight boarding. She
explained that the business has operated in Stansbury Park for approximately 15 years and is relocating
due to the expansion of the University of Utah InstaCare. Ms. Rowberry, who has owned the business

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for approximately one year, stated that the relocation would allow the business to expand and continue
serving the community and its pets in Tooele.
Motion: Commissioner Anderson move we approve the Conditional Use Permit Request by
Dallas Rowberry, authorizing the use of pet shop/ pet grooming business located at 756 North
Main Street, application number 202661, based on the findings and subject to the condition listed
in the Staff Report dated August 15, 2026. Commissioner Faircloth. The vote was as follows:
Commissioner Hammer, “Aye”; Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”,
Commissioner Faircloth, “Aye”; Commissioner Jensen, “Aye”; Commissioner Anderson, “Aye”; and
Chairman Hamilton, “Aye”. The motion passed 7-1.

5. Decision on a proposed site plan amendment by Ledger Cove LLC for property located at 1000
North Franks Drive in the MR-16 Multi-Family Residential zoning district on 16 acres regarding
the relocation of previously approved development amenities.
Mr. Aagard presented a site plan amendment request for the Ledger Cove development, located at the
northeast corner of 600 West and 1000 North. He explained that the Planning Commission previously
approved the site plan in 2025, which included two pickleball courts centrally located within the
development—one serving the apartment buildings and the other serving the townhomes.
The applicant later relocated one of the pickleball courts closer to the eastern property line and adjacent
to existing single-family residential properties. Mr. Aagard explained that the Planning Commission
was being asked to determine whether the proposed relocation satisfied the ordinance requirement that
amenities be centrally located within the development.
Mr. Aagard noted that staff had received concerns from adjacent property owners regarding potential
noise generated by the pickleball court. He explained that site plan reviews do not require a public
hearing or public comment; however, the Chairman could allow public comment at the Commission's
discretion. Staff recommended retaining the pickleball court in its originally approved location, as staff
believed that location was more centrally situated and better served the development while avoiding
concerns from adjacent residential properties.
The Chairman opened the public hearing at 7:44 p.m. and clarified that public comments would be
limited to the proposed location of the pickleball court.
Robb Kaczmarek, a resident of 1111 North Providence Way whose property is located immediately east
of the proposed pickleball court location, expressed concerns regarding the relocation of the court. He
stated that the originally approved plan showed a green space in the area and that he was not aware the
area had been changed to accommodate a pickleball court until he observed the development and
reviewed information on the Ledger Cove website.
Mr. Kaczmarek stated that he supported the original, more centrally located location for the pickleball
court. He expressed concerns about potential noise and additional lighting associated with the court and
stated that the proposed location would change the area adjacent to his residence from green space to an
active recreational facility. He requested that the pickleball court remain in its originally approved
location.

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Seeing no other members of the public coming forward Chairman Hamilton closed the public hearing
at 7:47p.m.
Brett Lovell and Jordan Taylor, representing the development team, explained that the proposed
relocation of the pickleball court was intended to accommodate an additional tot lot or playground
within the development. They stated that the original location of the pickleball court was considered a
better location for the playground due to its central location, visibility from surrounding residences, and
anticipated use by residents.
The applicants stated that the relocated pickleball court would not include lighting and would be
separated from the adjacent residential property by a vinyl fence and an elevation difference. They
explained that the relocation was not intended to reduce the number of approved amenities but rather to
add an additional amenity to the development.
Mr. Taylor noted that, based on the development team's experience with pickleball courts in other
developments, the courts have received limited use compared to playgrounds, which are used more
frequently. The applicants stated that they were willing to comply with the Planning Commission's
decision and indicated they would be agreeable to either relocating the pickleball court as proposed or
replacing it with the additional tot lot.
Staff clarified that the ordinance requires a certain number of amenities but does not require specific
types of amenities. Therefore, replacing the pickleball court with a tot lot would still satisfy the
applicable ordinance requirements.
Motion: Commissioner Sloan move we deny the Amended Site Plan Design Review request by Howard
Schmidt representing Ledger Cover, LLC, thus requiring the sports court to remain in its originally
approved location in compliance with City Code, application number 23-576, based on the findings
listed in the Staff Report dated August 20, 2026. Commissioner Proctor.
Commissioner Anderson stated that, while he generally supports property owners' rights, he believed
the centrally located amenity should remain in its originally approved location to promote compatibility
and good neighbor relationships with adjacent properties.
The vote was as follows: Commissioner Hammer, “Aye”; Commissioner Sloan, “Aye”; Commissioner
Proctor, “Aye”, Commissioner Faircloth, “Aye”; Commissioner Jensen, “Aye”; Commissioner
Anderson, “Aye”; and Chairman Hamilton, “Aye”. The motion passed 7-1.
6. Recommendation on proposed amendments to Tooele City Code Tile 7, Uniform Zoning Code of
Tooele City, by adopting Chapter 11c Design Standards: Commercial, establishing architectural
standards for commercial development in Tooele City’s commercial, industrial and mixed-use
zoning districts. Tabled from the August 12, 2026 Planning Commission meeting.
Mr. Aagard presented the proposed ordinance text amendment and reviewed the Planning
Commission’s role and authority in considering legislative matters. He explained that, unlike
administrative applications, the Planning Commission serves in an advisory capacity on ordinance
amendments, with the City Council serving as the final approval authority. The Planning Commission’s
role is to review the proposed amendment, receive public comment, deliberate, and forward a
recommendation to the City Council. The Planning Commission may recommend approval, denial, or

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changes to the proposed amendment; however, it does not have the authority to require staff to rewrite
the proposed ordinance or delay the application until changes are made.
Mr. Aagard acknowledged that staff had not adequately explained the Planning Commission's role and
authority during the previous meeting. He explained that the purpose of the proposed architectural
standards was to improve the aesthetic appearance of the City and address ongoing concerns from
residents regarding the appearance and quality of commercial development. He noted that staff was
seeking the Planning Commission's recommendation on the proposed amendment and that any concerns
or suggested changes could be included in the Commission's recommendation to the City Council.
Mr. Aagard reviewed revisions made to the proposed ordinance in response to concerns raised by the
Planning Commission during its previous discussion. The revisions included removing references to
specific zoning districts and instead applying the architectural standards to commercial development
adjacent to a public street, public space, residential dwelling, or future residential area. Building facades
not meeting these visibility criteria would not be required to comply with the architectural standards.
Specific exemptions were also added for the Downtown Overlay and Heavy Industrial zoning districts,
although staff encouraged the application of architectural standards within the Downtown Overlay
based on policies contained in the Tooele City General Plan.
Staff also removed the proposed 25 percent renovation threshold. Under the revised language, building
renovations requiring a building permit would be required to comply with the architectural standards,
while smaller improvements, such as doors and windows that do not significantly alter the exterior of
the building, would be exempt.
Additional revisions included an exemption for buildings subject to franchise agreements or corporate
branding requirements, provided the applicant submits documentation demonstrating those
requirements. Staff removed the requirement for more than two exterior materials on building facades
but retained the limitation that no single exterior material may cover more than 75 percent of a facade.
An exemption was added for brick and stone facades, excluding cinder block and CMU block. Staff
also removed the prohibition on neon and bright colors and clarified that appeals would not require
additional fees and would be considered as part of the site plan design review process.
Mr. Aagard reviewed applicable policies in the Tooele City General Plan, which encourage proactive
development through City Code provisions and design standards. He noted that the General Plan
identifies high-quality architecture, sidewalks, street lighting, reasonable signage, and landscaped
parking areas as important elements contributing to quality commercial development. He stated that the
proposed standards were intended to respond to community concerns, preserve the architectural
integrity of the City, and maintain the quality of new commercial development.
Mr. Aagard also reviewed examples of building elevations throughout the City. Commissioner
Anderson asked whether a mansard roof should be considered an exterior wall material rather than
roofing for purposes of the architectural standards. Mr. Aagard stated that he would interpret a mansard
roof with materials such as shingles or shake as an exterior wall material rather than a roof.
Motion: Commissioner Proctor move we forward a positive recommendation to the City Council
to adopt the proposed Tooele City Code Title 7, Chapter 11c Design Standards: Commercial
ordinance as included in Exhibit “A” of this report, based on the following findings.
Commissioner Hammer seconded the motion. The vote was as follows: Commissioner Hammer, “Aye”;
Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Faircloth, “Aye”;
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Commissioner Jensen, “Nay”; Commissioner Anderson, “Nay”; and Chairman Hamilton, “Aye”. The
motion passed 5-2.
7. City Council Reports
Councilman Gossett reported on the recent Truth in Taxation meeting, noting that Finance Director
Shannon Wimmer presented information regarding the City’s budget and property taxes. He stated that
staff had worked hard to keep taxes as low as possible and commended Ms. Wimmer for taking the
time to personally address and discuss a resident’s concerns following the presentation.
8. Review and Decision – August 12, 2026 Planning Commission meeting minutes
There were no corrections to the minutes.
Motion: Commissioner Hammer moved to approve the August 12, 2026 Planning Commission Meeting
Minutes. Chairman Hamilton seconded the motion. The vote was as follows: Commissioner Hammer,
“Aye”; Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Faircloth, “Aye”;
Commissioner Jensen, “Aye”; Commissioner Anderson, “Aye”; and Chairman Hamilton, “Aye”. The
motion passed 7-1.
Chairman Hamilton expressed his appreciation to the Planning Commission and staff for their efforts
and contributions.
9. Adjourn
Chairman Hamilton adjourned the meeting at 8:24 p.m.
Note: The content of the minutes is not intended, nor submitted, as a verbatim transcription of the meeting.
These minutes are a brief overview of what occurred at the meeting.
Approved this ________ day of September, 2026
______________________________________
Tyson Hamilton, Tooele City Planning Commission Chair

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TOOELE CITY CORPORATION
ORDINANCE 2026-25
AN ORDINANCE OF THE TOOELE CITY COUNCIL ENACTING CHAPTER 7-11c OF THE
TOOELE CITY CODE REGARDING ARCHITECTURAL DESIGN STANDARDS FOR
COMMERCIAL DEVELOPMENT.
WHEREAS, Utah Code §10-8-84 and §10-20-101 authorize cities to enact ordinances,
resolutions, and rules and to enter other forms of land use controls they consider necessary or
appropriate for the use and development of land within the municipality to provide for the health, safety,
welfare, prosperity, peace, and good order, comfort, convenience, and aesthetics of the municipality;
and,
WHEREAS, it is proper and appropriate to routinely review the ordinances and provisions of
the Tooele City Code for clarity, predictability, relevance, applicability, and appropriateness; and,
WHEREAS, the City does not currently have any architectural design standards for commercial
zones; and,
WHEREAS, City Administration recommends enacting Tooele City Code Chapter 7-11c, which
is attached as Exhibit A; and,
WHEREAS, the proposed Tooele City Code Chapter 7-11c is consistent with the City’s General
Plan, is likely to help attract more people and businesses to the City, is unlikely to be overly
burdensome to existing and future commercial development, and is the interest of the City; and,
WHEREAS, on August 26, 2026, the Planning Commission convened a duly noticed public
hearing, accepted written and verbal comment, and voted to forward its positive recommendation to
the City Council (see Staff Report with its exhibit attached as Exhibit B, and the Planning Commission
draft minutes attached as Exhibit C); and,
WHEREAS, on September 2, 2026, the City Council convened a duly-advertised public
hearing; and,
WHEREAS, the City Council has considered the potential impact that this Ordinance may have
on family health, stability, and formation:
NOW, THEREFORE, BE IT ORDAINED BY TOOELE CITY that Tooele City Code Chapter
7-11c is hereby enacted to read as shown in Exhibit A.
This Ordinance is necessary for the immediate preservation of the peace, health, safety,
or welfare of Tooele City and shall become effective upon passage, without further publication,
by authority of the Tooele City Charter.
IN WITNESS WHEREOF, this Ordinance is passed by the Tooele City Council this ____
day of _______________, 2026.

TOOELE CITY COUNCIL

(For)

(Against)

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

ABSTAINING: ___________________________________________
(Approved)

MAYOR OF TOOELE CITY

______________________________

______________________________

ATTEST:

_________________________
Shilo Baker, City Recorder
SEAL

Approved as to Form:

(Disapproved)

_______________________
Matthew C. Johnson, City Attorney

Exhibit A

Proposed TCC Chapter 7-11c

Title 7 Chapter 11c Design Standards: Commercial
7-11c-1. Applicability.
1. The building design standards in this Chapter shall be applicable to all new commercial buildings
and new qualifying renovations, permitted after the date of this ordinance adoption, with
exterior wall facades adjacent to a public right-of-way, public space, residential dwellings, or
future residential area. Commercial buildings located in the historic Downtown Overlay zone
and Industrial zone shall be exempt from these architectural standards.
2. For purposes of this Chapter, qualifying renovations shall be limited to exterior renovations that
require a building permit, not including the replacement of doors and windows, shall comply
with the requirements of this chapter.
3. Consideration shall be given to commercial businesses limited to franchise and corporate
branding requirements as much as possible. Applicants shall provide documentation of such
franchise and branding requirements to City Staff as part of the site plan design review process.
7-11c-2. Bulk.
Commercial buildings shall be designed with architectural wall variations every 50 feet in linear width. A
horizontal architectural variation may include the following:
1. Primary exterior wall material change to a different exterior wall material.
2. A shift in the wall façade that is perpendicular or angular to the primary wall façade.
3. Cantilevered wall sections.
4. Columns and pilasters.
5. Other architectural features that provide sufficient wall façade depth and variation.
7-11c-3. Roofline.
Commercial buildings shall be designed with vertical height variations of the roofline at every 50 feet.
Height variation elements may include but are not limited to:
1. Changes in vertical height of at least 18 inches.
2. Pitched roof lines.
3. Decorative solid parapet walls subject to variation requirements listed in this Section.
4. Overhangs, arches, stepped roofs, faux windows, and other similar elements.
7-11c-4. Exterior Building Materials.
1. Exterior building materials shall be considered any material that comprises the exterior of the
building and shall be limited to no more than five and no less that two types of materials per
building.
2. No more than 75% of any building façade requiring architectural design consideration shall
consist of one material or color.
a. A building that uses an all brick or stone façade, not including cinder or hewn block, shall
be exempt from this requirement.
3. The roof shall not be considered a material or a color in terms of this Section.
4. Glass shall be considered as an exterior material when used to comprise a solid non-glazing
exterior wall surface or a portion of a wall surface. Glass used in windows and doors shall not be

considered as an exterior building material, and shall not satisfy the building exterior materials
requirement of this Section.
5. Corrugated metal, aluminum sheeting, rusted panels or other metal that is caused to appear
distressed, may be used as an accent and shall not exceed more than 20% of any building
façade.
7-11c-5. Prohibited Materials.
Prohibited Materials. The following materials shall not be permitted to be used on any new or
remodeled building in the zoning districts listed in this ordinance:
1. Patterned stucco as a masonry substitute.
2. Wood as a primary exterior finish material.
3. Vinyl or aluminum siding.
4. Uncolored and unfinished CMU / cinder block unless approved by the Planning Commission as
an accent material.
5. Pre-cast cement panel walls unless the following treatments are applied and approved by the
Planning Commission:
a. Covered by brick or stone veneer
b. Contain scoring or integrated masonry patterns.
7-11c-6. Mechanical Equipment.
All roof top, wall mounted and ground mounted mechanical equipment shall utilize the following
appropriate screen or shield equipment from view:
1. All mechanical equipment shall be located or screened to shield the equipment from visibility at
adjacent properties and from public rights-of-way.
2. Rooftop mechanical equipment shall be completely screened from all horizontal points of view,
as seen from six feet high at the property lines or as otherwise determined by the Planning
Commission.
3. Screening materials for mechanical equipment shall be of the same color and materials of the
primary building.
4. All attached exterior utility boxes and equipment, roof drains, conduits, piping, maintenance
stairs, ladders and other similar elements shall be painted or otherwise textured to be
consistent with underlying material colors.
7-11c-7. Dumpsters / Trash Enclosures.
All dumpsters and trash bins shall be located in an enclosure that meets the following qualifications:
1. Dumpster / trash enclosures shall be located as far as possible from public rights-of-way and
from residential zoning district boundaries.
2. Dumpsters and trash bins shall be enclosed by a masonry wall that meets the following:
a. Is painted to match the building or composed of material that matches or is complimentary
to main building.
b. Includes a solid metal or vinyl enclosure gate. Chain link gates are not permissible on
commercial dumpster enclosures.

7-11c-8. Accessory Drive Through Facilities.
If an accessory drive through facility is located between the main building and a public right-of-way or
residential zoning district at least one of the following shall be utilized to assist in obscuring vehicle
queuing lanes from public view:
1. Dense plantings involving coniferous varieties of shrubs and trees.
2. Decorative masonry or vinyl fencing panels.
3. Large landscape boulders.
4. Landscape berms.
5. Other elements as approved by the Planning Commission.
7-11c-9. Commercial Accessory Structures.
1. Accessory structures shall be constructed of materials that are similar or complimentary to the
main commercial structure it is associated with, or, it shall also be painted a color that is similar
or complimentary to the main commercial structure it is associated with.
2. Shipping containers shall be stored behind the main building in locations that limit the view
from public rights-of-way or residential zoning districts and shall be painted a color that is
similar or complimentary to the main commercial structure it is associated with.
7-11c-10. Design Variation Applications.
1. The applicant may apply for a design variation to be heard by the Planning Commission under
the following circumstances:
a. The applicant is proposing an exterior material that is not included within this
ordinance; or,
b. The applicant is proposing a building design that falls outside of the parameters
of this ordinance.
2. An application for design variations under this Section shall be filed with the Director. Design
variation hearings shall be scheduled before the Planning Commission no later than 45 days
following the submission of the design variation application.
3. At the hearing, the burden of proof shall be on the applicant to demonstrate by a
preponderance of the evidence that:
a. The proposed alternative achieves an aesthetic quality, visual interest, and
structural durability equal to or superior to what would be achieved by strict
adherence to the prescriptive code standards;
b. The proposed alternative is consistent with the goals and objectives of the
General Plan and maintains the intended character and harmony of the
surrounding zoning district;
c. Strict application of the design standard is impractical due to site configuration,
building layout needs, or the project’s overall architectural design concept;
d. The proposed alternative will not cause significant adverse impacts on adjacent
properties, public views, rights-of-way, or residential districts, nor will it
compromise public health, safety, or general welfare; and,
e. Any potential negative visual impacts resulting from the variation are
adequately offset by additional architectural features, enhanced landscaping,
superior building materials, or increased setbacks.

4. The Planning Commission shall issue a written decision no later than 30 days following the
hearing date. The Planning Commission’s decision shall be based upon written substantive
findings of fact and conclusion of law tied directly to the criteria in this Chapter.
5. No additional fees shall be required to submit an appeal but shall be considered as part of the
site plan design review application.
7-11c-11. Failure to Act.
Any new building or renovated building that does not comply with the requirements of this section
during the site plan design review process shall not receive site plan approval until the requirements of
the section have been satisfied or until the Planning Commission has heard and acted on a design
variation application.

Exhibit B

Staff Report with Exhibit

Community Development Department
STAFF REPORT
August 19, 2026

To:

Tooele City Planning Commission
Business Date: August 26, 2026

From:

Planning Division
Community Development Department

Prepared By:

Andrew Aagard, Community Development Director

Re:

Architectural Standards for Commercial Development – City Code Text Amendment Request
Applicant:
Request:

Tooele City
Request for consideration of adoption of a new ordinance, amending Title 7,
Uniform Zoning Title of Tooele City, with the addition of Chapter 11c Design
Standards: Commercial, establishing minimum architectural design guidelines
for new and renovated commercial buildings in Tooele City.

UPDATES ROM AUGUST 12, 2026 MEETING
Proposed architectural standards were presented to the Planning Commission during the August 12th Planning
Commission meeting. During that meeting the Planning Commission raised concerns regarding the following
issues:
1. Requiring architectural standards for commercial development in Light Industrial and Industrial
Services zoning districts as well as the Downtown Overlay.
2. Requiring renovated buildings to comply with the required architectural standards.
3. What triggers architectural standards on renovations and why did staff identify 25% as the trigger point
for compliance with the architectural standards.
4. Franchise and corporate branding.
5. Requiring more than 2 exterior materials per wall façade.
6. The prohibition of certain colors.
7. Wall facades consisting entirely of brick.
8. The cost of an appeal to the architectural standards and the amount of time to complete such an appeal.
City Staff have made amendments to the proposed standards in an attempt to address the concerns of the
Planning Commission. Those changes are described as follows:
1. The references to zoning districts have been removed. Architectural standards will now only apply to
any commercial development that is adjacent to a public street, a public space, a residential dwelling or
future residential area. Building facades that do not meet these visibility criteria shall not be required to
adhere to the architectural standards. Staff has also included a specific exemption to these standards for
the Downtown Overlay and heavy industrial zoning district. That being said, staff strongly encourages
that properties in the Downtown Overlay be required to meet these architectural standards based upon
what is in the Tooele City General Plan regarding buildings in the Downtown Overlay (see excerpts
provided below).
2. Staff has removed the 25% requirement and has added language that if a building renovation requires a
building permit the renovation shall then comply with the standards. Painting a building doesn’t
require a permit but re-facing a building with stucco or brick does require a permit. For smaller
renovations such as doors and windows that require a permit but do not alter the building exterior, staff
has provided a specific exemption to these standards.
3. Staff has provided an exemption for buildings that are constrained by franchise agreements and
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corporate branding requirements. The ordinance does require that the applicant provide documentation
of such corporate requirements.
4. Staff has removed the section of the ordinance requiring more than 2 exterior materials for all new and
renovated buildings but has maintained the 75% maximum coverage requirement for one exterior
material (these two sections were redundant). A specific exemption for brick and stone facades, not
including cinder and hew block, has been added to the ordinance.
5. Staff has removed the prohibition on neon and bright colors.
6. Staff has inserted language that an appeal shall not cost the applicant additional fees. An appeal shall
be considered as part of the site plan design review process and the fees that were paid for the
application.
Tooele City General Plan. The Tooele City General Plan encourages architectural standards in numerous
locations throughout the plan text. Architectural standards and design guidelines serve to help the City achieve
the goals of the Tooele City General Plan and this General Plan was approved by the City Council AFTER a
positive recommendation from the Planning Commission. Staff has included and highlighted a few excerpts
below for the Planning Commission to consider and reference:
1. Page 2.1, Tooele City’s Mission: Tooele City is a community that preserves it unique identity and
heritage, and provides protection and services for its citizens. Tooele City is committed to
building and maintaining an attractive community. This commitment is reflected in active citizen
involvement and a proactive approach to creating and building the city of the future through
efforts such as City Code provisions and design standards. This commitment is also embodied in
specific development standards that reflect the City’s history, character, and natural context. As
Tooele continues to experience growth through development and redevelopment, the General
Plan is intended to reaffirm the City’s long-term commitment to creating and sustaining a quality
built community.
2. Page 2.1, Mission Of The General Plan: The mission of the General Plan specifically is to help
guide the community as it transitions through growth dealing with land development, reuse, and
redevelopment with a focus on land maintenance and management. This General Plan reaffirms
Tooele’s long-standing commitment to physical development and standards that enhance the
quality of life and visually reflects a vital yet maturing, attractive, and unique city.
3. Page 2.5, Quality Land Development. High quality land development is demanded by Tooele
leaders and citizens. Developments that preserve open space and natural features are more
attractive to residents and help to protect natural areas for the enjoyment of future generations.
Extensive, mature, and conscientious landscaping are examples of high quality development
features in both residential and commercial areas. In residential areas, open spaces, maintenance
of natural features, recreational facilities, sidewalks, and high architectural quality are features
that contribute to the quality of developments. In commercial areas, adequate sidewalks, street
lighting, high architectural quality, reasonable signage, and landscaped parking areas are
features that contribute to the quality of developments. Characteristics that tend to detract from
quality of life values include clearing of natural vegetation, too much or too little exterior
lighting, large expanses of asphalt, and large dominant structures.
4. Page 2.7, A Vision For The Future Of Tooele City: Tooele’s vision for itself over the next 20to 25-year horizon is one of a progressive, sensitively-developed community which is visually
attractive and livable.
5. Page 7.2, Tooele’s Economic Values: Business entities that complement Tooele's community
characteristics such as quality design standards, mountain environment, and friendly community
lifestyle.
6. Page 7.7, Goal #9, Implement strategies to protect and enhance the historic downtown area:
Encourage the upgrading of buildings in the downtown area to encourage higher end retail
development.
7. Page 9.5, Visual Appearance Priorities (next five years): Modify the downtown commercial
zoning to emphasize historical design and consider adopting design standards.
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Developer Requests. It is very common for applicants of new development to approach Tooele City and request
architectural design standards. When staff informs them that there are not any design standards and that they
can build whatever they want they are usually surprised. Developers expect design guidelines. They prefer
design guidelines. They desire to comply with the City’s desires for their buildings.
Frequent complaints. Tooele City Community Development Staff as well as the Mayor’s office often receive
complaints and concerns from residents of Tooele City about the overall appearance of the City. From rundown blighted buildings to poorly maintained landscaping many citizens would like to see Tooele City take the
necessary actions to improve the general appearance of the City, or, at least give staff some ability to improve
the general appearance of the City. Architectural standards for commercial development may not resolve all of
the City’s problems but it is certainly a good place to start.
BACKGROUND
Tooele City currently does not have any architectural design standards for commercial zones. Tooele City has 8
commercial zones or zones that permit commercial land uses. Those zones are the General Commercial (GC),
Neighborhood Commercial (NC), Regional Commercial (RC), Research and Development (RD), Light
Industrial (LI), Industrial Service (IS), Mixed Use General (MUG), and the Mixed Use Broadway (MUB)
zoning district. The Mixed Use zoning districts also permit single-family residential and multi-family
residential land uses.
Tooele City’s industrial zoning districts, the Industrial zone, the Industrial Service (IS) zone and the Light
Industrial (LI) zone do not have architectural standards. The Light Industrial zone includes many retail and
professional office uses that are classified as commercial rather than industrial as does the Industrial Service
zone. There are also sections of the Light Industrial and Industrial Service zoning districts adjacent to major
transportation corridors such as SR-36, Utah Avenue and SR-112. Staff strongly suggests that properties in the
LI zoning district and the IS zoning district shall also be required to adhere to commercial architectural
standards. These zones can also be used as buffer zones between residential and industrial land uses and as such
architecture should be given greater consideration when adjacent to residential land uses.
In order to form these architectural standards staff completed a visual inventory of existing commercial
buildings in Tooele City and staff is pleased to report that, for the most part, existing commercial buildings
largely comply with the requirements of this proposed ordinance. Many of the standards required in this
ordinance are based off of what previous development has done within the City. Staff also referenced
architectural standards of other cities such as West Jordan, Salt Lake City and Riverton City and has
incorporated some of those standards into the proposed ordinance.
Staff’s objective in having architectural standards isn’t to make development in Tooele City more cumbersome
or expensive for developers. The standards listed are not above and beyond what is currently being constructed
in Tooele City. However, the standards are intended to “lock in” an architectural appearance that will prevent
future development from constructing an eye sore, especially in areas with prominent and high visibility from
public roads and residential zones. Development in Tooele City is evolving as Tooele continues to grow and so
must our ordinances to preserve the visual integrity of the City.
The architectural standards also serve another purpose. There are issues related to dumpster enclosures, roof top
mechanical equipment, wall mounted mechanical equipment and so forth that are not addressed by our
ordinances and do require some attention. Dumpster enclosures can be placed anywhere on a site as preferred
by an applicant. Sometimes those enclosures are placed prominently in front of a building and fall into a state of
disrepair. Rooftop and wall mounted mechanical equipment, if not properly screed with appropriate
architectural elements, can detract significantly from the appearance of an otherwise pleasingly designed
building. This proposed amendment includes requirements to address these building elements that can and have
been problematic for the City.
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Tooele City Staff are not architects and it is not in the City’s best interest to have non-architects putting together
stringent design guidelines for applicants to follow. Understanding this, Tooele City staff have put together
these design guidelines offering plenty of options for architects and designers to follow. The design standards as
proposed are intended to be easy to follow and flexible so as to enable designers to “flex their muscles” and put
together pleasing buildings without resulting in staff designing their buildings in their behalf.
ANALYSIS
The proposed amendments do not amend any existing ordinances within Title 7. It instead proposes the
addition of a new ordinance defining architectural standards exclusive to commercial development in the City’s
commercial zones, mixed use zones and two of the industrial zoning districts.
Ordinances Affected. None.
The proposed ordinance includes the following:
1. Four sided architectural design considerations based upon the adjacent land uses.
2. Architectural wall variations to avoid bulky building design.
3. Roofline elements to help break up and provide variety to the tops of commercial buildings.
4. Requires a mix of building exterior materials and colors to avoid large expanses of the same material.
5. Prohibits certain materials from being used on a building exterior unless used as an accent material.
6. Addresses rooftop and wall mounted mechanical equipment.
7. Addresses dumpster / trash enclosures.
8. Requires development in the LI zone to comply with these standards.
9. Requires commercial development in the Mixed Use zones to comply with these standards.
10. Provides a mechanism for appeal in the event a new material is presented or the applicant disagrees
with staff’s interpretation of the architectural standards.
11. Requires all new development and all renovated development to comply with this code or to appeal to
the Planning Commission before site plan approval can be granted by staff.
Criteria For Approval. The criteria for review and potential approval of a City Code Text Amendment request
is found in Sections 7-1A-7 of the Tooele City Code. This section depicts the standard of review for such
requests as:
(1)

No amendment to the Zoning Ordinance or Zoning Districts Map may be recommended by the
Planning Commission or approved by the City Council unless such amendment or conditions
thereto are consistent with the General Plan. In considering a Zoning Ordinance or Zoning
Districts Map amendment, the applicant shall identify, and the City Staff, Planning
Commission, and City Council may consider, the following factors, among others:
(a)
The effect of the proposed amendment on the character of the surrounding area.
(b)
Consistency with the goals and policies of the General Plan and the General Plan
Land Use Map.
(c)
Consistency and compatibility with the General Plan Land Use Map for adjoining and
nearby properties.
(d)
The suitability of the properties for the uses proposed viz. a. viz. the suitability of the
properties for the uses identified by the General Plan.
(e)
Whether a change in the uses allowed for the affected properties will unduly affect the
uses or proposed uses for adjoining and nearby properties.
(f)
The overall community benefit of the proposed amendment.

REVIEWS
Planning Division Review. The Tooele City Planning Division has completed their review of the City Code
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Text Amendment request and has issued the following comments:
1. This proposed ordinance does not create, nor is intended to create, any strenuous architectural standards
above and beyond what is already being constructed in the City. Instead, the intent is to codify what is
currently being built or to keep what we already have.
2. Staff’s intent is to maintain a baseline for architectural standards but provide the architectural design
professionals with enough flexibility to design a building according to their client’s desires.
3. The proposed ordinance addresses deficiencies in the current code regarding dumpster enclosures,
screening of accessory drive through facilities and screening of mechanical equipment.
Engineering and Public Works Review. The Tooele City Engineering Division and Public Works Department
has completed their review of the City Code Text Amendment request and has issued the following comment:
1. No comments from the City Engineer or the Public Works Department.
Noticing. The City staff have issued appropriate public notice as required in the City and State Codes.
STAFF RECOMMENDATION
Staff recommends the Planning Commission carefully weigh this request for a City Code Text Amendment
according to the appropriate tenets of the Utah State Code and the Tooele City Code, particularly Section 7-1A7(1) and render a decision in the best interest of the community with any conditions deemed appropriate and
based on specific findings to address the necessary criteria for making such decisions.
Potential topics for findings that the Commission should consider in rendering a decision:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

The effect the text amendment may have on potential applications regarding the character of
the surrounding areas.
The degree to which the proposed text amendment may effect a potential application’s
consistency with the intent, goals, and objectives of any applicable master plan.
The degree to which the proposed text amendment may effect a potential application’s
consistency with the intent, goals, and objectives of the Tooele City General Plan.
The degree to which the proposed text amendment is consistent with the requirements and
provisions of the Tooele City Code.
The suitability of the proposed text amendment on properties which may utilize its provisions
for potential development applications.
The degree to which the proposed text amendment may effect an application’s impact on the
health, safety, and general welfare of the general public or the residents of adjacent properties.
The degree to which the proposed text amendment may effect an application’s impact on the
general aesthetic and physical development of the area.
The degree to which the proposed text amendment may effect the uses or potential uses for
adjoining and nearby properties.
The overall community benefit of the proposed amendment.
Other findings the Commission deems appropriate to base their decision upon for the proposed
application.

MODEL MOTIONS
Sample Motion for a Positive Recommendation – “I move we forward a positive recommendation to the City
Council to adopt the proposed Tooele City Code Title 7, Chapter 11c Design Standards: Commercial ordinance
as included in Exhibit “A” of this report, based on the following findings:”
1.

List findings …

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Sample Motion for a Negative Recommendation – “I move we forward a negative recommendation to the City
Council to adopt the proposed Tooele City Code Title 7, Chapter 11c Design Standards: Commercial ordinance
as included in Exhibit “A” of this report, based on the following findings:”
1.

List findings …

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EXHIBIT A
PROPOSED ARCHITECTURAL STANDARDS (ORIGINAL DRAFT)

Title 7 Chapter 11c Design Standards: Commercial
7-11c-1. Applicability.
1. The building design standards in this Chapter shall be applicable to all exterior facades open to
public view from a public right-of-way, public space, adjacent residential dwelling, or future
residential area for all new construction and major exterior renovations within the GC, NC, RC,
RD, IS, LI, MU-G, and MU-B zoning districts and shall include both primary and accessory
structures constructed therein.
2. For purposes of this Chapter, a major exterior renovation includes any structural alteration,
expansion, or physical modification to an existing structure that alters more than twenty-five
percent (25%) of any exterior building façade, or increases the gross floor area of the structure
by more than twenty-five percent (25%). Routine maintenance, interior remodels, and minor
exterior repairs shall be exempt from the requirements of this Chapter.
7-11c-2. Bulk.
Commercial buildings shall be designed with architectural wall variations every 50 feet in linear width. A
horizontal architectural variation may include the following:
1. Primary exterior wall material change to a different exterior wall material.
2. A shift in the wall façade that is perpendicular to the primary wall façade.
3. Cantilevered wall sections.
4. Columns and pilasters.
5. Other architectural features that satisfy this requirement.
7-11c-3. Roofline.
Commercial buildings shall be designed with vertical height variations of the roofline at every 50 feet.
Height variation elements may include but are not limited to:
1. Changes in vertical height of at least 18 inches.
2. Pitched roof lines.
3. Decorative solid parapet walls subject to variation requirements listed above.
4. Overhangs, arches, stepped roofs, faux windows, and other similar elements.
7-11c-4. Exterior Building Materials.
1. Exterior building materials shall be considered any material that comprises the exterior of the
building and shall be limited to no more than five and no less that two types of materials per
building.
2. Color of exterior building materials (excluding accent colors) shall be limited to no more than
five and no less than two major colors per development.
3. Bright colors such as neon or fluorescent colors, bright orange, yellow or primary colors are
prohibited on primary wall surfaces, but may be approved during site plan review as minor
accent trim or corporate branding element.
4. No more than 75% of any building side shall consist of one material or color.
5. The roof shall not be considered a material or a color.
6. Glass shall be considered as an exterior material when used to comprise a solid non-glazing
exterior wall surface or a portion of a wall surface. Glass used in windows and doors shall not be

considered as and exterior building material, and shall not satisfy the building exterior materials
requirement of this Section.
7. Corrugated metal, aluminum sheeting, rusted panels or other metal that is caused to appear
distressed, may be used as an accent and shall not exceed more than 20% of any building
façade.
7-11c-5. Prohibited Materials.
Prohibited Materials. The following materials shall not be permitted to be used on any new or
remodeled building in the zoning districts listed in this ordinance:
1. Patterned stucco as a masonry substitute.
2. Wood as a primary exterior finish material.
3. Vinyl or aluminum siding.
4. Uncolored and unfinished CMU / cinder block unless approved by the Planning Commission as
an accent material.
5. Pre-cast cement panel walls unless the following treatments are applied and approved by the
Planning Commission:
a. Covered by brick or stone veneer
b. Contain scoring or integrated masonry patterns.
7-11c-6. Mechanical Equipment.
All roof top, wall mounted and ground mounted mechanical equipment shall utilize the following
appropriate screen or shield equipment from view:
1. All mechanical equipment shall be located or screened to shield the equipment from visibility at
adjacent properties and from public rights-of-way.
2. Rooftop mechanical equipment shall be completely screened from all horizontal points of view,
as seen from six feet high at the property lines or as otherwise determined by the Planning
Commission.
3. Screening materials for mechanical equipment shall be of the same color and materials of the
primary building.
4. All attached exterior utility boxes and equipment, roof drains, conduits, piping, maintenance
stairs, ladders and other similar elements shall be painted or otherwise textured to be
consistent with underlying material colors.
7-11c-7. Dumpsters / Trash Enclosures.
All dumpsters and trash bins shall be located in an enclosure that meets the following qualifications:
1. Dumpster / trash enclosures shall be located as far as possible from public rights-of-way and
from residential zoning district boundaries.
2. Dumpsters and trash bins shall be enclosed by a masonry wall that meets the following:
a. Is painted to match the building or composed of material that matches or is complimentary
to main building.
b. Includes a solid metal or vinyl enclosure gate. Chain link gates are not permissible on
commercial dumpster enclosures.

7-11c-8. Accessory Drive Through Facilities.
If an accessory drive through facility is located between the main building and a public right-of-way or
residential zoning district at least one of the following shall be utilized to screen vehicle queuing lanes
from view:
1. Dense plantings involving coniferous varieties of shrubs and trees.
2. Decorative masonry or vinyl fencing panels.
3. Large landscape boulders.
4. Landscape berms.
5. Other elements as approved by the Planning Commission.
7-11c-9. Commercial Accessory Structures.
1. Accessory structures shall be constructed of materials that are similar or complimentary to the
main commercial structure it is associated with. It shall also be painted a color that is similar or
complimentary to the main commercial structure it is associated with.
2. Shipping containers shall be stored behind the main building in locations that cannot be viewed
from public rights-of-way or residential zoning districts and shall be painted a color that is
similar or complimentary to the main commercial structure it is associated with.
7-11c-10. Design Variation Applications.
1. The applicant may apply for a design variation to be heard by the Planning Commission under
the following circumstances:
a. The applicant is proposing an exterior material that is not included within this
ordinance; or,
b. The applicant is proposing a building design that falls outside of the parameters
of this ordinance.
2. An application for design variations under this Section shall be filed with the Director. Design
variation hearings shall be scheduled before the Planning Commission no later than 45 days
following the submission of the design variation application.
3. At the hearing, the burden of proof shall be on the applicant to demonstrate by a
preponderance of the evidence that:
a. The proposed alternative achieves an aesthetic quality, visual interest, and
structural durability equal to or superior to what would be achieved by strict
adherence to the prescriptive code standards;
b. The proposed alternative is consistent with the goals and objectives of the
General Plan and maintains the intended character and harmony of the
surrounding zoning district;
c. Strict application of the design standard is impractical due to site configuration,
building layout needs, or the project’s overall architectural design concept;
d. The proposed alternative will not cause significant adverse impacts on adjacent
properties, public views, rights-of-way, or residential districts, nor will it
compromise public health, safety, or general welfare; and,
e. Any potential negative visual impacts resulting from the variation are
adequately offset by additional architectural features, enhanced landscaping,
superior building materials, or increased setbacks.

4. The Planning Commission shall issue a written decision no later than 30 days following the
hearing date. The Planning Commission’s decision shall be based upon written substantive
findings of fact and conclusion of law tied directly to the criteria in this Chapter.
7-11c-11. Failure to Act.
Any new building or renovated building that does not comply with the requirements of this section
during the site plan design review process shall not receive site plan approval until the requirements of
the section have been satisfied or until the Planning Commission has heard and acted on a design
variation application.

Exhibit C

Draft Planning Commission Draft Minutes

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-----Tooele City Planning Commission
Business Meeting Minutes

Date: August 26, 2026
Time: 7:00 p.m.
Place: Tooele City Hall, Council Chambers
90 North Main Street, Tooele, Utah
Planning Commissioners Present:
Melanie Hammer
Chris Sloan
Jon Proctor
Tyson Hamilton
Weston Jensen
Kelley Anderson
Sarah Faircloth, Alternate
Absent:
Amanda Cordova
Frank Linford, Alternate
Council Member Liaisons:
Ed Hansen
Jon Gossett
Staff Present:
Andrew Aagard, Community Development Director
Anna Anglin, City Planner
Matt Johnson, City Attorney
Paul Hansen, City Engineer
Teresa Young, Clerk/Minute Composition
Minutes Prepared by Teresa Young
1. Pledge of Allegiance
Chairman Hamilton opened the meeting 7:00 p.m., and led the pledge of allegiance.
Chairman Hamilton provided a quick announcement for applicants, the public, and everyone involved:
“There has been a significant increase in fraudulent phishing requests using information from public
notices related to Planning Commission meetings. Please be aware that Tooele City only collects fees at
the time of application submittal and will never request additional payments via wire transfer. All
official emails from Tooele City will end in @tooelecity.gov. If you receive a payment request from
any other email after submitting your application, it is fraudulent. Do not send money, and please
contact the Tooele City Community Development Department immediately to report it. Stay vigilant
and protect your information and assets.
2. Roll Call
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Page 1 of 7

August 26, 2026

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Melanie Hammer, Present
Chris Sloan, Present
Jon Proctor, Present
Sarah Faircloth, Present
Weston Jensen, Present
Kelley Anderson, Present
3. Public Hearing and Recommendation on a request for approval of a zoning map
amendment and land use map amendment request by Perry Commercial to reassign the zoning and land use designation for properties located at approximately
3100 North SR-36 (116 acres), 800 West 1000 North (39 acres), 3300 North 400
West (51 acres), and 1200 West 2400 North (192 acres). The applicant is
requesting to re-assign the land use designation for the subject properties to RC
Regional Commercial, to re-assign the zoning to the Compass Point CSD Zoning
District, and to adopt a new Compass Point CSD Zoning Ordinance
Mr. Aagard gave presentation a regarding the proposed Compass Point Commercial Special District
(CSD). He explained that the application is a legislative matter and that the Planning Commission's role
is advisory, with the City Council serving as the final approval authority. The Planning Commission
may forward a positive or negative recommendation, or recommend changes to the City Council, but
does not have the authority to require the applicant to rewrite the proposed CSD.
The proposed application includes amendments to the land use and zoning maps and adoption of a new
zoning ordinance establishing development standards for the Compass Point CSD. Planning Staff
reviewed the proposed permitted and conditional uses, lot and building standards, landscaping, fencing
and screening, parking, lighting, architectural design, and signage requirements.
Mr. Aagard also reviewed the criteria the Planning Commission must consider when making its
recommendation, including whether the CSD would allow development that is not reasonably feasible
under standard zoning districts, provide a substantial benefit to the City, and create unique uses,
configurations, or product types or address deficiencies in the existing zoning regulations. He noted that
a public hearing was required and that notices had been sent to surrounding property owners. A
comment was received from Tooele County, primarily regarding the future right-of-way connection,
and staff indicated that the applicant and Perry Homes were already working with UDOT and the
County to address the matter.
Chairman Hamilton opened the public hearing at 7:25 p.m. Seeing no members of the public
coming forward. Chairman Hamilton closed the public hearing at 7:25 p.m.
Mr. Finlinson, representing Perry Homes, stated that the proposed Compass Point Commercial Special
District (CSD) would provide significant long-term benefits to both the community and the City
through commercial development and increased sales tax revenue. He explained that the commercial
areas would serve as key entry points into the Compass Point community, which is anticipated to
include approximately 3,600 residential units at full buildout.
Mr. Finlinson stated that the proposed CSD includes enhanced standards for landscaping, lighting,
signage, and architectural design intended to create attractive and well-designed commercial areas. He

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explained that the standards were developed to attract a variety of high-quality national, regional, and
local retailers, restaurants, entertainment venues, and other commercial tenants, while providing the
City with a competitive advantage in attracting future development.
Mr. Finlinson further stated that Perry Homes intends to remain a long-term partner with the City and
assist in addressing future infrastructure and community needs as the area develops. He expressed that
Compass Point has the potential to become a premier commercial hub for the county and help reduce
sales tax leakage to surrounding communities.
Motion: Commissioner Proctor moved that move we forward a positive recommendation to the
City Council for the Compass Point Commercial Special District (CSD) Zoning Map Amendment
request by Jake Finlinson, representing Perry Commercial, as indicated on the proposed zoning
map in Exhibit “A” in this staff report, to re-assign the land use designation for Areas A, C and D
to the RC Regional Commercial Land Use designation, and to recommend approval of the text of
the Compass Point CSD as proposed in Exhibit “B” in this staff report, application number
2026005, based on the findings listed in the Staff Report dated August 18, 2026. Commissioner
Jensen seconded the motion. The vote was as follows: Commissioner Hammer, “Aye”; Commissioner
Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Faircloth, “Aye”; Commissioner Jensen,
“Aye”; Commissioner Anderson, “Nay”; and Chairman Hamilton, “Aye”. The motion passed 6-1.
4. Public Hearing and Decision to consider a Conditional Use Permit request by Dallas Rowberry to
authorize a “pet shop/ pet grooming” business in the General Commercial (CG) zoning district,
located at approximately 756 North Main Street.
Ms. Anglin presented a request for a Conditional Use Permit for a pet shop and pet grooming business
located at 756 North Main Street. The approximately 1.64-acre property is zoned General Commercial
and designated Regional Commercial in the General Plan. The business would occupy an existing
tenant space and would include retail sales of pet supplies, nine grooming tables, and three bathing tubs.
No exterior site improvements are proposed.
Ms. Anglin explained that planning staff recommended conditions limiting the use to pet grooming and
customary retail sales and clarifying that the approval would not authorize a kennel, boarding facility,
animal daycare, or live animal sales. Animals would only be permitted to remain on the premises for
the time reasonably necessary for grooming services. Additional conditions would require the facility to
be maintained in a clean and sanitary condition and for animal waste to be properly disposed of.
Planning Staff confirmed that the proposed use would not require additional water rights or waterrelated improvements and that the existing site provides sufficient parking. Planning Staff found the
proposal to be consistent with the General Plan and applicable City Code and determined that the
proposed conditions would adequately mitigate any reasonably anticipated impacts.
Chairman Hamilton opened the public hearing at 7:36 p.m. Seeing no members of the public coming
forward. Chairman Hamilton closed the public hearing at 7:36 p.m.
Ms. Rowberry stated that the business would not sell live animals or provide overnight boarding. She
explained that the business has operated in Stansbury Park for approximately 15 years and is relocating
due to the expansion of the University of Utah InstaCare. Ms. Rowberry, who has owned the business

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for approximately one year, stated that the relocation would allow the business to expand and continue
serving the community and its pets in Tooele.
Motion: Commissioner Anderson move we approve the Conditional Use Permit Request by
Dallas Rowberry, authorizing the use of pet shop/ pet grooming business located at 756 North
Main Street, application number 202661, based on the findings and subject to the condition listed
in the Staff Report dated August 15, 2026. Commissioner Faircloth. The vote was as follows:
Commissioner Hammer, “Aye”; Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”,
Commissioner Faircloth, “Aye”; Commissioner Jensen, “Aye”; Commissioner Anderson, “Aye”; and
Chairman Hamilton, “Aye”. The motion passed 7-1.

5. Decision on a proposed site plan amendment by Ledger Cove LLC for property located at 1000
North Franks Drive in the MR-16 Multi-Family Residential zoning district on 16 acres regarding
the relocation of previously approved development amenities.
Mr. Aagard presented a site plan amendment request for the Ledger Cove development, located at the
northeast corner of 600 West and 1000 North. He explained that the Planning Commission previously
approved the site plan in 2025, which included two pickleball courts centrally located within the
development—one serving the apartment buildings and the other serving the townhomes.
The applicant later relocated one of the pickleball courts closer to the eastern property line and adjacent
to existing single-family residential properties. Mr. Aagard explained that the Planning Commission
was being asked to determine whether the proposed relocation satisfied the ordinance requirement that
amenities be centrally located within the development.
Mr. Aagard noted that staff had received concerns from adjacent property owners regarding potential
noise generated by the pickleball court. He explained that site plan reviews do not require a public
hearing or public comment; however, the Chairman could allow public comment at the Commission's
discretion. Staff recommended retaining the pickleball court in its originally approved location, as staff
believed that location was more centrally situated and better served the development while avoiding
concerns from adjacent residential properties.
The Chairman opened the public hearing at 7:44 p.m. and clarified that public comments would be
limited to the proposed location of the pickleball court.
Robb Kaczmarek, a resident of 1111 North Providence Way whose property is located immediately east
of the proposed pickleball court location, expressed concerns regarding the relocation of the court. He
stated that the originally approved plan showed a green space in the area and that he was not aware the
area had been changed to accommodate a pickleball court until he observed the development and
reviewed information on the Ledger Cove website.
Mr. Kaczmarek stated that he supported the original, more centrally located location for the pickleball
court. He expressed concerns about potential noise and additional lighting associated with the court and
stated that the proposed location would change the area adjacent to his residence from green space to an
active recreational facility. He requested that the pickleball court remain in its originally approved
location.

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Seeing no other members of the public coming forward Chairman Hamilton closed the public hearing
at 7:47p.m.
Brett Lovell and Jordan Taylor, representing the development team, explained that the proposed
relocation of the pickleball court was intended to accommodate an additional tot lot or playground
within the development. They stated that the original location of the pickleball court was considered a
better location for the playground due to its central location, visibility from surrounding residences, and
anticipated use by residents.
The applicants stated that the relocated pickleball court would not include lighting and would be
separated from the adjacent residential property by a vinyl fence and an elevation difference. They
explained that the relocation was not intended to reduce the number of approved amenities but rather to
add an additional amenity to the development.
Mr. Taylor noted that, based on the development team's experience with pickleball courts in other
developments, the courts have received limited use compared to playgrounds, which are used more
frequently. The applicants stated that they were willing to comply with the Planning Commission's
decision and indicated they would be agreeable to either relocating the pickleball court as proposed or
replacing it with the additional tot lot.
Staff clarified that the ordinance requires a certain number of amenities but does not require specific
types of amenities. Therefore, replacing the pickleball court with a tot lot would still satisfy the
applicable ordinance requirements.
Motion: Commissioner Sloan move we deny the Amended Site Plan Design Review request by Howard
Schmidt representing Ledger Cover, LLC, thus requiring the sports court to remain in its originally
approved location in compliance with City Code, application number 23-576, based on the findings
listed in the Staff Report dated August 20, 2026. Commissioner Proctor.
Commissioner Anderson stated that, while he generally supports property owners' rights, he believed
the centrally located amenity should remain in its originally approved location to promote compatibility
and good neighbor relationships with adjacent properties.
The vote was as follows: Commissioner Hammer, “Aye”; Commissioner Sloan, “Aye”; Commissioner
Proctor, “Aye”, Commissioner Faircloth, “Aye”; Commissioner Jensen, “Aye”; Commissioner
Anderson, “Aye”; and Chairman Hamilton, “Aye”. The motion passed 7-1.
6. Recommendation on proposed amendments to Tooele City Code Tile 7, Uniform Zoning Code of
Tooele City, by adopting Chapter 11c Design Standards: Commercial, establishing architectural
standards for commercial development in Tooele City’s commercial, industrial and mixed-use
zoning districts. Tabled from the August 12, 2026 Planning Commission meeting.
Mr. Aagard presented the proposed ordinance text amendment and reviewed the Planning
Commission’s role and authority in considering legislative matters. He explained that, unlike
administrative applications, the Planning Commission serves in an advisory capacity on ordinance
amendments, with the City Council serving as the final approval authority. The Planning Commission’s
role is to review the proposed amendment, receive public comment, deliberate, and forward a
recommendation to the City Council. The Planning Commission may recommend approval, denial, or

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changes to the proposed amendment; however, it does not have the authority to require staff to rewrite
the proposed ordinance or delay the application until changes are made.
Mr. Aagard acknowledged that staff had not adequately explained the Planning Commission's role and
authority during the previous meeting. He explained that the purpose of the proposed architectural
standards was to improve the aesthetic appearance of the City and address ongoing concerns from
residents regarding the appearance and quality of commercial development. He noted that staff was
seeking the Planning Commission's recommendation on the proposed amendment and that any concerns
or suggested changes could be included in the Commission's recommendation to the City Council.
Mr. Aagard reviewed revisions made to the proposed ordinance in response to concerns raised by the
Planning Commission during its previous discussion. The revisions included removing references to
specific zoning districts and instead applying the architectural standards to commercial development
adjacent to a public street, public space, residential dwelling, or future residential area. Building facades
not meeting these visibility criteria would not be required to comply with the architectural standards.
Specific exemptions were also added for the Downtown Overlay and Heavy Industrial zoning districts,
although staff encouraged the application of architectural standards within the Downtown Overlay
based on policies contained in the Tooele City General Plan.
Staff also removed the proposed 25 percent renovation threshold. Under the revised language, building
renovations requiring a building permit would be required to comply with the architectural standards,
while smaller improvements, such as doors and windows that do not significantly alter the exterior of
the building, would be exempt.
Additional revisions included an exemption for buildings subject to franchise agreements or corporate
branding requirements, provided the applicant submits documentation demonstrating those
requirements. Staff removed the requirement for more than two exterior materials on building facades
but retained the limitation that no single exterior material may cover more than 75 percent of a facade.
An exemption was added for brick and stone facades, excluding cinder block and CMU block. Staff
also removed the prohibition on neon and bright colors and clarified that appeals would not require
additional fees and would be considered as part of the site plan design review process.
Mr. Aagard reviewed applicable policies in the Tooele City General Plan, which encourage proactive
development through City Code provisions and design standards. He noted that the General Plan
identifies high-quality architecture, sidewalks, street lighting, reasonable signage, and landscaped
parking areas as important elements contributing to quality commercial development. He stated that the
proposed standards were intended to respond to community concerns, preserve the architectural
integrity of the City, and maintain the quality of new commercial development.
Mr. Aagard also reviewed examples of building elevations throughout the City. Commissioner
Anderson asked whether a mansard roof should be considered an exterior wall material rather than
roofing for purposes of the architectural standards. Mr. Aagard stated that he would interpret a mansard
roof with materials such as shingles or shake as an exterior wall material rather than a roof.
Motion: Commissioner Proctor move we forward a positive recommendation to the City Council
to adopt the proposed Tooele City Code Title 7, Chapter 11c Design Standards: Commercial
ordinance as included in Exhibit “A” of this report, based on the following findings.
Commissioner Hammer seconded the motion. The vote was as follows: Commissioner Hammer, “Aye”;
Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Faircloth, “Aye”;
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Commissioner Jensen, “Nay”; Commissioner Anderson, “Nay”; and Chairman Hamilton, “Aye”. The
motion passed 5-2.
7. City Council Reports
Councilman Gossett reported on the recent Truth in Taxation meeting, noting that Finance Director
Shannon Wimmer presented information regarding the City’s budget and property taxes. He stated that
staff had worked hard to keep taxes as low as possible and commended Ms. Wimmer for taking the
time to personally address and discuss a resident’s concerns following the presentation.
8. Review and Decision – August 12, 2026 Planning Commission meeting minutes
There were no corrections to the minutes.
Motion: Commissioner Hammer moved to approve the August 12, 2026 Planning Commission Meeting
Minutes. Chairman Hamilton seconded the motion. The vote was as follows: Commissioner Hammer,
“Aye”; Commissioner Sloan, “Aye”; Commissioner Proctor, “Aye”, Commissioner Faircloth, “Aye”;
Commissioner Jensen, “Aye”; Commissioner Anderson, “Aye”; and Chairman Hamilton, “Aye”. The
motion passed 7-1.
Chairman Hamilton expressed his appreciation to the Planning Commission and staff for their efforts
and contributions.
9. Adjourn
Chairman Hamilton adjourned the meeting at 8:24 p.m.
Note: The content of the minutes is not intended, nor submitted, as a verbatim transcription of the meeting.
These minutes are a brief overview of what occurred at the meeting.
Approved this ________ day of September, 2026
______________________________________
Tyson Hamilton, Tooele City Planning Commission Chair

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TOOELE CITY CORPORATION
ORDINANCE 2026-24
AN ORDINANCE OF TOOELE CITY AMENDING TOOELE CITY CODE SECTION 8-3-3
REGARDING GARBAGE COLLECTION FOR PRIVATE ACCESS DWELLINGS.
WHEREAS, Utah Constitution, Article XI, Section 5 directly confers upon Utah’s charter
cities, including Tooele City, “the authority to exercise all powers relating to municipal affairs, and
to adopt and enforce within its limits, local police, sanitary and similar regulations not in conflict
with the general law”; and,
WHEREAS, Utah Code Section 10-8-84 enables Tooele City to “pass all ordinances and
rules, and make all regulations . . . as are necessary and proper to provide for the safety and
preserve the health, and promote the prosperity, improve the morals, peace and good order,
comfort, and convenience of the city and its inhabitants, and for the protection of property in the
city”; and,
WHEREAS, Tooele City Code Chapter 8-3 regulates garbage collection and solid waste
management in Tooele City; and,
WHEREAS, private access roads are typically not designed for municipal garbage
collection, and the City has found that those residences are not suited for the City’s municipal
garbage collection process, due to logistical and safety concerns; and,
WHEREAS, it is appropriate to amend TCC Section 8-3-3 regarding garbage collection,
to limit City garbage collection services to those residences whose access is directly by public
right-of-way, unless otherwise provided by a separate agreement with the City, as shown in
Exhibit A; and,
WHEREAS, the City Council has considered the potential impact that this Ordinance may have
on family health, stability, and formation:
NOW, THEREFORE, BE IT ORDAINED BY THE TOOELE CITY COUNCIL that Tooele
City Code Section 8-3-3 is hereby amended as provided in Exhibit A.
This Ordinance is necessary for the immediate preservation of the peace, health, safety,
and welfare of Tooele City and its residents and businesses and shall become effective upon
passage, without further publication, by authority of the Tooele City Charter.
IN WITNESS WHEREOF, this Ordinance is passed by the Tooele City Council this ____
day of _______________, 2026.

TOOELE CITY COUNCIL

(For)

(Against)

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

ABSTAINING: ___________________________________________
(Approved)

MAYOR OF TOOELE CITY

______________________________

(Disapproved)

______________________________

(If the mayor approves this ordinance, the City Council passes this ordinance with the Mayor’s approval. If the Mayor disapproves
this ordinance, the City Council passes the ordinance over the Mayor’s disapproval by a super-majority vote (at least 4). If the Mayor
neither approves nor disapproves of this ordinance by signature, this ordinance becomes effective without the Mayor’s approval or
disapproval. UCA 10-3-704(11).)

ATTEST:

_________________________
Shilo Baker, City Recorder
SEAL

Approved as to Form:

___________________________
Matthew C. Johnson, City Attorney

EXHIBIT A
Proposed Amendments to
Tooele City Code § 8-3-3

8-3-3. Residential collection.
(1)
Mandatory Public Right-of-Way Collection. Except as provided for herein, all occupied
residences within Tooele City whose primary vehicular access is directly by public right-of-way shall be provided
with mandatory solid waste collection, removal and disposal services and approved garbage containers by the City
or its designated agent. All residential solid waste generated within the City shall be transported and delivered to a
City-designated and approved solid waste disposal facility. The City may impose reasonable fees for the collection
services described in this Subsection.
(2)
Private Access Dwellings. For residences not directly accessible by public right-of-way,
residential users shall collect and remove their own residential solid waste, either directly or by employing the
services of a City-licensed contractor. Upon City approval, residential users under this subsection may participate in
the City’s solid waste collection system, provided that the residential user transports approved garbage containers to
a public right-of-way, or that access to the garbage containers on private property is determined by the City to be
feasible and safe. The City may impose reasonable fees for those residential users under this Subsection who
participate in the City’s solid waste collection system. Nothing in this Subsection obligates the City to approve City
solid waste collection services for a residence not directly accessible by public right-of-way.
(32)
Unlawful Transportation and Self-Hauling Exceptions. Except as otherwise expressly permitted
by this Section or by written agreement with the City, no residential solid waste shall be moved, hauled away or
transported upon the streets or public ways within the City except by the City or itstheir designated agents. It is
hereby declared to be unlawful for any person, except as permitted in this Section, to haul or remove residential
solid waste within or from the City. Nothing contained in this Section shall, however, preclude residential
userspersons from hauling their own residential solid waste over the streets or public ways within the City to a Citydesignated solid waste disposal facility, provided that person is regularly paying the City for collection services.

TOOELE CITY CORPORATION
RESOLUTION 2026-65
A RESOLUTION OF THE TOOELE CITY COUNCIL INCREASING THE PLANNING
COMMISSION STIPEND.
WHEREAS, Tooele City Charter Article 5 and Utah Code Section 10-9a-301 call for the
establishment of a Planning Commission; and,
and,

WHEREAS, Tooele City Code Chapter 2-3 governs the Tooele City Planning Commission;

WHEREAS, TCC Section 2-3-5 (Compensation) reads in pertinent part, “The members of
the Commission shall receive such salary and reimbursement for expenses as the City Council
shall from time to time by resolution determine”; and,
WHEREAS, members of the Planning Commission are appointed Tooele City officials
classified as volunteers for purposes of the Fair Labor Standards Act (“FLSA”) and the Utah
Volunteer Government Workers Act (“VGWA”), not employees, and receive fixed payment as
allowed by the FLSA and VGWA, and as authorized by the City Council, in the form of a volunteer
stipend; and,
WHEREAS, on November 7, 2018, City Council approved the current volunteer stipend
rate of $25 per meeting attended, be it a Planning Commission or pre-development meeting; and,
WHEREAS, the stipend is intended to recognize the time, preparation, participation, and
public service provided by Planning Commissioners in carrying out their appointed responsibilities
on behalf of Tooele City and to help offset costs incurred in connection with their service; and,
WHEREAS, the stipend is a fixed amount and is not intended to constitute hourly wages
or compensation based on the number of hours served; and,
WHEREAS, it is reasonable and prudent for the City to reexamine and reevaluate such
stipends from time to time; and,
WHEREAS, the City Administration recommends that members of the Planning
Commission be paid $50 per meeting attended, to include only Planning Commission meetings,
as a reasonable volunteer stipend, to take effect September 9, 2026:
NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that the
volunteer stipend paid by Tooele City to members of the Planning Commission, including alternate
members, is hereby set at $50 per Planning Commission meeting attended, as documented by
the City Administration.
This Resolution shall take effect September 9, 2026, by authority of the Tooele City
Charter, without further publication.
IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this ____
day of ___________, 2026.

(For)

TOOELE CITY COUNCIL

(Against)

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

ABSTAINING:_____________________________________

(For)

MAYOR OF TOOELE CITY

______________________________

______________________________

ATTEST:

______________________________
Shilo Baker, City Recorder

SEAL
Approved as to Form:

(Against)

____________________________________
Matthew C. Johnson, City Attorney

TOOELE CITY CORPORATION
RESOLUTION 2026-66
A RESOLUTION OF THE TOOELE CITY COUNCIL AMENDING THE TOOELE CITY
FEE SCHEDULE TO INCLUDE INCREASED WATER METER COSTS.
WHEREAS, Tooele City Code §1-26-1 authorizes the City Council to establish City
fees by resolution for activities regulated by the City and services provided by the City;
and,
WHEREAS, Utah Code §10-3-718 authorizes the City Council to exercise
administrative powers, such as establishing city fees and regulating the use of city
property, by resolution; and,
WHEREAS, under the Council-Mayor form of municipal government, established
and governed by the Tooele City Charter (2006) and Utah Code §10-3b-201 et seq., the
Mayor exercises all executive and administrative powers; however, it has been the
practice of Tooele City for all fees proposed by the Mayor and City Administration to be
approved by the City Council; and,
WHEREAS, the City requires builders to pay the City, at the time of building permit
issuance, for water meters which the City has purchased and stored for purposes of meter
quality and uniformity; and,
WHEREAS, current water meter costs are as follows:
Meter Size
¾”
1”
1½”
2”

Meter Cost
$424
$484
$1,805
$2,051

Meter Size
3”
4”
6”

Meter Cost
$2,540
$4,259
$7,203

WHEREAS, the cost for water meters has risen, and the City Administration asks
the City Council to amend the Fee Schedule to include the new meter costs, as follows:
Meter Size
¾”
1”
1½”
2”

Meter Cost
$438
$494
$2,088
$2,357

Meter Size
3”
4”
6”

Meter Cost
$2,894
$4,779
$8,006

WHEREAS, the new meter costs represent the City’s actual cost of acquiring the
water meters, with accompanying hardware, such as, gaskets, bolts, washers, nuts, and
lock nuts, rounded up to the nearest dollar:

NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that
the Tooele City Fee Schedule is hereby amended to include the new water meter costs
specified above.
This Resolution shall become effective upon passage, without further publication,
by authority of the Tooele City Charter.
IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this
____ day of _______________, 2026.

TOOELE CITY COUNCIL

(For)

(Against)

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

ABSTAINING: ___________________________________________
(Approved)

MAYOR OF TOOELE CITY

______________________________

______________________________

ATTEST:

__________________________
Shilo Baker, City Recorder
SEAL

Approved as to Form:

(Disapproved)

___________________________
Matthew C. Johnson, City Attorney

TOOELE CITY CORPORATION
RESOLUTION 2026-67
A RESOLUTION OF THE TOOELE CITY COUNCIL APPROVING AN AGREEMENT
WITH COP CONSTRUCTION, LLC, FOR THE 2026 WATER RECLAMATION
FACILITY UPGRADES CONSTRUCTION PROJECT.
WHEREAS, Tooele City owns and operates a water reclamation facility (“Facility”),
which requires a program of evaluation, design, and upgrade for optimal functioning of
the City’s wastewater treatment program; and,
WHEREAS, due to aging infrastructure, it is necessary to perform certain
maintenance of the process facilities as well as create additional waste water treatment
capacity in order to meet growth demands within the City; and,
WHEREAS, the City Administration has elected to do a Public Works Project to
include: UV Disinfection Improvements; Solar Dryer Greenhouse Improvements; New
Boiler Building; and, Site Civil and Yard Piping Improvements (the “Project”); and,
WHEREAS, the City anticipates issuing tax-exempt bonds to cover the costs of the
Project (the “Bond”);
WHEREAS, on August 5, 2026, the City Council approved Resolution 2026-60,
contracting with JUB Engineers, Inc. (“JUB”), for professional engineering and
construction administration services related to the Project (“Upgrade”); and,
WHEREAS, the City, working with JUB, solicited bids for the construction of the
Upgrade, in compliance with the procurement procedures set forth in Utah Code §11-39101 et seq. regarding contracts for public works projects; and,
WHEREAS, the City, working with JUB, has determined that COP Construction,
LLC, is the lowest responsive and responsible bidder, with a proposal of $9,762,547.00
(Exhibit A); and,
WHEREAS, City Council approval is required for all agreements and change
orders in excess of the statutory cost threshold of $30,000 established in TCC §1-5-10
(see also TCC §1-6-4, §1-14-4, §1-22-4); and,
WHEREAS, the City, JUB, and COP Construction understand that the Notice of
Award and the execution of any agreement is conditional upon the issuance, closing
and funding of the tax-exempt Bond to be issued by the City; and,
WHEREAS, the City has complied with the requirements of the Tooele City
Purchasing Policies and Procedures:
NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that
the agreement with COP Construction, LLC, for the 2026 Water Reclamation Facilities

Upgrades Project, in the amount of $9,762,547.00 is hereby approved upon the condition
that the Bond is awarded to the City, and that the Mayor is authorized to sign the
agreement for the City once the Bond is awarded to the City.
This Resolution shall become effective upon passage, without further publication,
by authority of the Tooele City Charter.
day of

IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this
, 2026.

TOOELE CITY COUNCIL
(For)

(Against)

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

ABSTAINING: ___________________________________________
(Approved)

MAYOR OF TOOELE CITY

______________________________

______________________________

ATTEST:

Shilo Baker, City Recorder
SEAL

Approved as to Form:

(Disapproved)

Matthew C. Johnson, Tooele City Attorney

EXHIBIT A

Agreement Proposal

AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between

TOOELE CITY CORPORATION

COP Construction, LLC

(“Owner”) and
(“Contractor”).

Owner and Contractor hereby agree as follows:
ARTICLE 1 – WORK
1.01

Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
The Tooele WRF 2026 Upgrades project consists of the following:
A.

Improvements to the existing solar drying processes at the Tooele WRF, including retrofit
of the solar dryer greenhouse, demolition, new heated floors, site work, yard piping,
electrical and instrumentation, HVAC and plumbing, and all other equipment and
infrastructure to make the upgraded facilities complete and operational

B.

Construction of a new boiler room at the existing WRF, including installation of a new preengineered metal building to also include electrical, HVAC and plumbing, and all other
equipment and infrastructure to make the boiler room facility complete and operational.

C.

New ultraviolet (UV) disinfection system to be retrofit into the existing Channel #2,
including electrical and instrumentation, demolition, and all other equipment and
infrastructure required to make the upgraded facilities complete and operational. The
integration of SCADA will be by Owner under a separate contract. The HUBER solar dryer
turners and Trojan UV disinfection system equipment have been pre-procured by the
Owner and will be assigned to the General Contractor for installation and startup.

ARTICLE 2 – THE PROJECT
2.01

The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: Tooele WRF 2026 Upgrades

ARTICLE 3 – ENGINEER
3.01

The Project has been designed by J-U-B ENGINEERS, Inc.

3.02

The Owner has retained J-U-B ENGINEERS, Inc. (“Engineer”) to act as Owner’s representative,
assume all duties and responsibilities, and have the rights and authority assigned to Engineer in
the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents.

Tooele WRF 2026 Upgrades
93-25-005

Page 1 of 8

Section 520
Agreement Stipulated Price

ARTICLE 4 – CONTRACT TIMES
4.01

Time of the Essence
A.

4.02

Contract Times: Dates
A.

4.03

The Work for the Tooele WRF 2026 Upgrades Project will be substantially completed on or
before 18 months from Notice to Proceed and completed and ready for final payment in
accordance with Paragraph 15.06 of the General Conditions on or before 30 days after
substantial completion.

Liquidated Damages
A.

4.04

All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.

Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the times specified in Paragraph 4.02 above, plus any
extensions thereof allowed in accordance with the Contract. The parties also recognize the
delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the
actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty):
1.

Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires
after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A
above for Substantial Completion until the Work is substantially complete.

2.

Completion of Remaining Work: After Substantial Completion, if Contractor shall
neglect, refuse, or fail to complete the remaining Work within the Contract Time (as
duly adjusted pursuant to the Contract) for completion and readiness for final payment,
Contractor shall pay Owner $1,000 for each day that expires after such time until the
Work is completed and ready for final payment.

3.

Liquidated damages for failing to timely attain Substantial Completion and final
completion are not additive and will not be imposed concurrently.

4.

Liquidated damages shall not exceed 20% of the contract price regardless of days past
contract dates.

Special Damages
A.

In addition to the amount provided for liquidated damages, Contractor shall reimburse
Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s
failure to attain Substantial Completion according to the Contract Times, and (2) for the
actual costs reasonably incurred by Owner for engineering, construction observation,
inspection, and administrative services needed after the time specified in Paragraph 4.02 for
Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is
substantially complete.

B.

After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail
to complete the remaining Work within the Contract Times, Contractor shall reimburse
Owner for the actual costs reasonably incurred by Owner for engineering, construction
observation, inspection, and administrative services needed after the time specified in

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Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted
pursuant to the Contract), until the Work is completed and ready for final payment.
ARTICLE 5 – CONTRACT PRICE
5.01

Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents the amounts that follow, subject to adjustment under the Contract:
A.

For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. The bid
amount is: $9,762,547.00

ARTICLE 6 – PAYMENT PROCEDURES
6.01

Submittal and Processing of Payments
A.

6.02

Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the
General Conditions.

Progress Payments; Retainage
A.

Owner shall make progress payments on account of the Contract Price on the basis of
Contractor’s Applications for Payment on or about the 25th day of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such
Applications for Payment have been submitted in a timely manner and otherwise meet the
requirements of the Contract. All such payments will be measured by the Schedule of Values
established as provided in the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no Schedule of Values, as
provided elsewhere in the Contract.
1.

B.

6.03

Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not
limited to liquidated damages, in accordance with the Contract
a.

95 percent of Work completed (with the balance being retainage). If the Work has
been 50 percent completed as determined by Engineer, and if the character and
progress of the Work have been satisfactory to Owner and Engineer, then as long
as the character and progress of the Work remain satisfactory to Owner and
Engineer, there will be no additional retainage; and

b.

95 percent of cost of materials and equipment not incorporated in the Work (with
the balance being retainage).

Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 100 percent of the Work completed, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of
Engineer’s estimate of the value of Work to be completed or corrected as shown on the
punch list of items to be completed or corrected prior to final payment.

Final Payment
A.

Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of
the General Conditions, Owner shall pay the remainder of the Contract Price as
recommended by Engineer as provided in said Paragraph 15.06.

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ARTICLE 7 – INTEREST
7.01

All amounts not paid when due shall bear interest at the rate of 3 percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS
8.01

In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
A.

Contractor has examined and carefully studied the Contract Documents, and any data and
reference items identified in the Contract Documents.

B.

Contractor has visited the Site, conducted a thorough, alert visual examination of the Site
and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.

C.

Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost,
progress, and performance of the Work.

D.

Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the Supplementary
Conditions, especially with respect to Technical Data in such reports and drawings, and (2)
reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent
to the Site that have been identified in the Supplementary Conditions, especially with respect
to Technical Data in such reports and drawings.

E.

Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Site-related
reports and drawings identified in the Contract Documents, with respect to the effect of such
information, observations, and documents on (1) the cost, progress, and performance of the
Work; (2) the means, methods, techniques, sequences, and procedures of construction to be
employed by Contractor; and (3) Contractor’s safety precautions and programs.

F.

Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract.

G.

Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.

H.

Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.

I.

The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.

J.

Contractor’s entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon performing
and furnishing the Work required by the Contract Documents.

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ARTICLE 9 – CONTRACT DOCUMENTS
9.01

Contents
A.

The Contract Documents consist of the following:
1.

This Agreement (pages 1 to 8 inclusive).

2.

Performance bond (pages ___ to ___, inclusive).

3.

Payment bond (pages ___ to ___, inclusive).

4.

Other bonds.
a.

___ (pages ___ to ___, inclusive).

5.

General Conditions (pages 1 to 72, inclusive).

6.

Supplementary Conditions (pages 1 to 9 inclusive).

7.

Specifications as listed in the table of contents.

8.

Drawings (not attached but incorporated by reference) consisting of sheets bearing the
following general title: Tooele WRF Headworks.

9.

Addenda (numbers ___ to ___, inclusive).

10. Exhibits to this Agreement (enumerated as follows):
a.

Contractor’s Bid (pages 1 to __ inclusive).

11. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a.

Notice to Proceed.

b.

Work Change Directives.

c.

Change Orders.

d.

Field Orders.

B.

The documents listed in Paragraph 9.01.A are attached to this Agreement (except as
expressly noted otherwise above).

C.

There are no Contract Documents other than those listed above in this Article 9.

D.

The Contract Documents may only be amended, modified, or supplemented as provided in
the General Conditions.

ARTICLE 10 – MISCELLANEOUS
10.01 Terms
A.

Terms used in this Agreement will have the meanings stated in the General Conditions and
the Supplementary Conditions.

10.02 Assignment of Contract
A.

Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of
any rights under or interests in the Contract will be binding on another party hereto without
the written consent of the party sought to be bound; and, specifically but without limitation,
money that may become due and money that is due may not be assigned without such

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consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.
10.03 Successors and Assigns
A.

Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability
A.

Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications
A.

Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
10.05:
1.

“corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;

2.

“fraudulent practice” means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of
Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c)
to deprive Owner of the benefits of free and open competition;

3.

“collusive practice” means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish Bid prices
at artificial, non-competitive levels; and

4.

“coercive practice” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or affect
the execution of the Contract.

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IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on ________________ (which is the Effective Date of the Contract).
OWNER:

CONTRACTOR:

Tooele City Corporation

COP Construction, LLC

By:
Printed
Name:

By:
Printed
Name:

Title:

Title:
(If Contractor is a corporation, a partnership, or a
joint venture, attach evidence of authority to sign.)

Attest:

Attest:

Title:

Title:

Address for giving notices:

Address for giving notices:

90 NORTH MAIN

555 West 1100 North

TOOELE, UTAH, 84074

Salt Lake City, UT, 84054

License No.:

5236751-5501
(where applicable)

(If Owner is a corporation, attach evidence of authority
to sign. If Owner is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of this Agreement.)

APPROVED AS TO FORM

______________________________________
Matt Johnson
Tooele City Attorney

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TOOELE CITY CORPORATION
RESOLUTION 2026-69
A Resolution authorizing the issuance and the sale of not to exceed
$14,000,000 aggregate principal amount of Sewer Revenue Bonds
***

***

***

WHEREAS, Tooele City (the “City”) considers it necessary and desirable and for the benefit
of the City to issue its sewer revenue bonds as hereinafter provided for the purpose of (a) financing
the cost of improvements (the “Project”) to the sewage collection and treatment system of the
City (collectively, the “System”), (b) funding any necessary reserves in connection with the
Bonds, and (c) paying the costs incurred in connection with the issuance and sale of the Bonds
pursuant to authority contained in the Local Government Bonding Act (the “Act”), Chapter 14 of
Title 11, Utah Code Annotated 1953, as amended (the “Utah Code”) and other applicable
provisions of law;
WHEREAS, for the purposes set forth above, the City has determined (a) to issue its Sewer
Revenue Bonds in an aggregate principal amount not to exceed $14,000,000 (the “Bonds”)
pursuant to a General Indenture of Trust (the “General Indenture”), and a Supplemental Indenture
(the “Supplemental Indenture” and, together with the General Indenture, the “Indenture”), and
(b) to cause the proceeds of the sale of the Bonds to be applied in accordance with the Indenture;
WHEREAS, the City is authorized by the Utah Code to acquire, construct and improve the
Project, to enter into the General Indenture and the Supplemental Indenture, and to issue the Bonds
to finance a portion of the cost of acquisition, construction and improvement of the Project, to fund
any necessary reserves, and to pay all related costs authorized by law;
WHEREAS, in the opinion of the City Council, it is in the best interests of the City that the
Designated Officer be authorized to (i) determine whether to pursue a competitive sale, private
placement or negotiated sale for the sale of the Bonds, (ii) select a purchaser or underwriter for the
Bonds and (iii) approve the final principal amount, maturity amounts, interest rates, dates of
maturity and other terms and provisions relating to the Bonds and to execute the Supplemental
Indenture and Purchase Contract (defined below) containing such terms and provisions;
WHEREAS, Sections 11-14-316 of the Utah Code provides for the publication of a Notice
of Bonds to be Issued (the “Notice of Bonds”) and the running of a 30-day contest period, and the
City desires to cause the publication of such Notice of Bonds at this time in compliance with said
section with respect to the Bonds;
WHEREAS, Section 11-14-318 of the Act requires that a public hearing be held to receive
input from the public with respect to the issuance of Bonds and the potential economic impact that
the Project will have on the private sector and that notice of such public hearing be given as

Bond Resolution

provided by law and, in satisfaction of such requirement, the City desires to publish a Notice of
Public Hearing (the “Notice of Public Hearing”) pursuant to such Section;
WHEREAS, the City desires (a) to provide for the holding of a public hearing and (b) to
direct the publication of the Notice of Public Hearing, as required by law; and
WHEREAS, a portion of the expenditures relating to the Project (the “Expenditures”) (i)
have been paid by the City within the sixty days prior to the passage of this Resolution or (ii) will
be paid by the City on or after the passage of this Resolution and prior to the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Tooele City, Utah, as follows:
Section 1. Issuance of Bonds. (a) For the purposes set forth above, there is hereby
authorized and directed the execution, issuance, sale and delivery of the Bonds in the aggregate
principal amount not to exceed $14,000,000. The Bonds shall be dated as of the date of the initial
delivery thereof. The Bonds shall be in authorized denominations, shall be payable, and shall be
executed and delivered all as provided in the Indenture. The Bonds shall be subject to redemption
prior to maturity as provided in the Indenture.
(b) The form of the Bonds set forth in the form Supplemental Indenture, subject to
appropriate insertions and revisions in order to comply with the provisions of the Indenture, is
hereby approved.
(c) The Bonds shall be special obligations of the City, payable from and secured by a
pledge and assignment of the Net Revenues (as defined in the Indenture) received by the City and
of certain other moneys held under the Indenture on a parity with any other Bonds (as defined in
the Indenture) issued from time to time under the General Indenture. The Bonds shall not be
obligations of the State or any other political subdivision thereof, other than the City, and neither
the faith and credit nor the ad valorem taxing or appropriation power of the State or any political
subdivision thereof, including the City, is pledged to the payment of the Bonds. The Bonds shall
not constitute general obligations of the City or any other entity or body, municipal, state or
otherwise.
Section 2. Bond Details; Delegation of Authority. (a) The Bonds shall mature in the
years and in the principal amounts, and shall bear interest (calculated on the basis of a year of 360
days consisting of twelve 30-day months) from the Closing Date, payable semiannually each year,
and at the rates per annum and commencing on the dates, all as provided in that certain Purchase
Contract, a form of which is attached hereto as Exhibit C, delivered pursuant to this Section 2,
setting forth certain terms and provisions of the Bonds (the “Purchase Contract”).
(b) There is hereby delegated to the Designated Officer, subject to the limitations
contained in this resolution, the power to determine and effectuate the following with respect to
the Bonds and the Designated Officer are hereby authorized to make such determinations and
effectuations:

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(i) the principal amount of each series of the Bonds necessary to accomplish
the purpose of the Bonds set forth in the recitals hereto and the aggregate principal amount
of each series of the Bonds to be executed and delivered pursuant to the Indenture; provided
that the aggregate principal amount of the Bonds shall not exceed $14,000,000;
(ii) the maturity date or dates and principal amount of each maturity of the
Bonds to be issued; provided, however, that the Bonds mature over a period of not to exceed
26 years from their date or dates;
(iii) the interest rate or rates of the Bonds and the date on which payment of such
interest commences, provided, however, that the interest rate or rates to be borne by any
Bond shall not exceed 5.50% per annum;
(iv) the sale of the Bonds and the purchase price to be paid by the Underwriter
of such Bonds; provided, however, that the discount from par of each series of the Bonds
shall not exceed 2.00% (expressed as a percentage of the principal amount);
(v)
the Bonds, if any, to be retired from mandatory sinking fund redemption
payments and the dates and the amounts thereof;
(vi) the time and redemption price at which the Bonds may be called for
redemption prior to their maturity at the option of the City;
(vii) the amount of reserves, if any, necessary to be maintained in connection
with the Bonds, if any;
(viii)

the use and deposit of the proceeds of the Bonds; and

(ix) any other provisions deemed advisable by the Designated Officer not
materially in conflict with the provisions of this resolution.
For purposes of this resolution and the Bonds, “Designated Officer” means the Finance
Director or the Mayor.
Following the sale of the Bonds, the Designated Officer shall obtain such information as
they deem necessary to make such determinations as provided above and shall make such
determinations as provided above and the Mayor shall execute the Purchase Contract containing
such terms and provisions of such series of the Bonds, which execution shall be conclusive
evidence of the action or determination of the Designated Officer as to the matters stated therein.
The provisions of the Purchase Contract shall be deemed to be incorporated into this Section 2.
Section 3. Approval of the General Indenture and the Supplemental Indenture. The
General Indenture, attached hereto as Exhibit A, and the Supplemental Indenture, in substantially
the form attached hereto as Exhibit B, are hereby authorized and approved, and the Mayor or the
Mayor Pro Tem is hereby authorized, empowered and directed to execute and deliver the
Supplemental Indenture on behalf of the City, and the City Recorder or any Deputy City Recorder
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Bond Resolution

is hereby authorized, empowered and directed to attest the Supplemental Indenture, with such
changes to the Supplemental Indenture from the form attached hereto as are approved by the Mayor
or the Mayor Pro Tem, his or her execution thereof to constitute conclusive evidence of such
approval. The provisions of the Supplemental Indenture, as executed and delivered, are hereby
incorporated in and made a part of this resolution. The General Indenture and the Supplemental
Indenture shall constitute a “system of registration” for all purposes of the Registered Public
Obligations Act of Utah.
Section 4. Preliminary Official Statement. The use and distribution of the Official
Statement in preliminary form (the “Preliminary Official Statement”), in substantially the form
presented at this meeting and in the form attached hereto as Exhibit D, is hereby authorized and
approved, with such changes, omissions, insertions and revisions as the Mayor shall deem
advisable. The Mayor is hereby authorized to do or perform all such acts and to execute all such
certificates, documents and other instruments as may be necessary or advisable to deem final the
Preliminary Official Statement within the meaning and for purposes of paragraph (b)(1) of Rule
15c2-12 of the Securities and Exchange Commission, subject to completion thereof with the
information established at the time of the sale of the Bonds.
Section 5. Final Official Statement. The Official Statement of the City is hereby
authorized in substantially the form presented at this meeting and in the form attached hereto as
Exhibit D, with such changes, omissions, insertions and revisions as the Mayor shall deem
advisable, including the completion thereof with the information established at the time of the sale
of the Bonds by the Designated Officer and set forth in the Purchase Contract. The Mayor shall
sign and deliver the Official Statement to the Underwriter of the Bonds for distribution to
prospective purchasers of the Bonds and other interested persons. The approval of the Mayor of
any such changes, omissions, insertions and revisions shall be conclusively established by the
Mayor’s execution of the Official Statement.
Section 6. Purchase Contract; Other Certificates and Documents Required to Evidence
Compliance with Federal Tax and Securities Laws. The Mayor or the Mayor Pro Tem of the City
is hereby authorized and directed to execute (a) the Purchase Contract, as applicable, (b) such
certificates and documents as are required to evidence compliance with the federal laws relating
to the tax-exempt status of interest on the Bonds and (c) a Continuing Disclosure Agreement and
such other certificates and documents as shall be necessary to comply with the requirements of
Rule 15c2-12 of the Securities and Exchange Commission and other applicable federal securities
laws.
Section 7. Other Actions With Respect to the Bonds. The officers and employees of the
City shall take all action necessary or reasonably required to carry out, give effect to, and
consummate the transactions contemplated hereby and shall take all action necessary in conformity
with the Act to carry out the issuance of the Bonds, including, without limitation, the execution
and delivery of any closing and other documents required to be delivered in connection with the
sale and delivery of the Bonds. If (a)the Mayor, (b) the City Recorder, or (c) the City Treasurer
shall be unavailable or unable to execute or attest and countersign, respectively, the Bonds or the
other documents that they are hereby authorized to execute, attest and countersign, the same may
be executed, or attested and countersigned, respectively, (i) by the Mayor Pro Tem, (ii) by any
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Deputy City Recorder, or (iii) by the Finance Director. Without limiting the generality of the
foregoing, the officers and employees of the City are authorized and directed to take such action
as shall be necessary and appropriate to issue the Bonds.
Section 8. Prior Acts Ratified, Approved and Confirmed. All acts of the officers and
employees of the City in connection with the issuance of the Bonds are hereby ratified, approved
and confirmed.
Section 9. Notice of Bonds to be Issued; Contest Period. In accordance with the
provisions of Sections 11-14-316 of the Utah Code, the City Recorder shall cause the Notice of
Bonds, in substantially the form attached hereto as Exhibit E, to be posted on the Utah Public
Notice Website.
For a period of thirty (30) days from and after publication of the Notice of Bonds, any
person in interest shall have the right to contest the legality of this Resolution (including the form
of the General Indenture and Supplemental Indenture attached hereto) or the Bonds hereby
authorized or any provisions made for the security and payment of the Bonds. After such time, no
one shall have any cause of action to contest the regularity, formality or legality of this Resolution
(including the Bond Resolution and the Supplemental Indenture) or the Bonds or any provisions
made for the security and payment of the Bonds for any cause.
Section 10. Publication of Notice of Public Hearing. The City Recorder shall post or
cause to be posted the Notice of Public Hearing on the Utah Public Notice Website no less than
14 days before the public hearing. The Notice of Public Hearing shall be in substantially the form
attached hereto as Exhibit F.
Section 11. Reimbursement of Expenditures. The City reasonably expects to reimburse
the Expenditures with proceeds of the Bonds.
Section 12. Resolution Irrepealable. Following the execution and delivery of the
Supplemental Indenture, this resolution shall be and remain irrepealable until all of the Bonds and
the interest thereon shall have been fully paid, cancelled, and discharged.
Section 13. Severability. If any section, paragraph, clause, or provision of this resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause, or provision shall not affect any of the remaining provisions of
this resolution.
Section 14. Effective Date. This resolution shall be effective immediately upon its
approval and adoption.

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TOOELE CITY COUNCIL
(For)

(Against)

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

______________________________

ABSTAINING: ___________________________________________
(Approved)

MAYOR OF TOOELE CITY

______________________________

(Disapproved)

______________________________

ATTEST:

_________________________________
Shilo Baker, City Recorder
SEAL

Approved as to Form:

__________________________________
Matthew C. Johnson, Tooele City Attorney

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Bond Resolution

EXHIBIT A
[GENERAL INDENTURE]

B-1

Bond Resolution

402102.00l(PF}

TOOELE CITY, TOOELE COUNTY, UTAH
SEWER REVENUE BONDS

GENERAL INDENTURE OF TRUST
Dated as of December 1, 1997
ZIONS FIRST NATIONAL BANK
as Trustee

\

TABLE OF CONTENTS

ARTICLE I
DEFINITIONS
Section 1. 1.
Section 1.2.
Section 1. 3.

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Indenture to Constitute Contract . . . . . . . . . . . . 12
Construction . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE II
THE BONDS

Section 2 .1.
Section 2.2.
Section 2.3.
Section 2.4.
Section 2.5.
Section 2.6.
Section 2. 7.
Section 2.8.
Section 2.9.
Section 2.10,
Section 2.11.
Section 2.12.
Section 2.13.
Section 2.14.
Section 2.15.
Section 2.16.

Authorization of Bonds . . . . . . . . . . . . . . . . .
Description of Bonds; Payment . . . . . . . . . . . .
Execution; Limited Obligation . . . . . . . . . . . . .
Authentication and Delivery of Bonds . . . . . . . .
Mutilated, Lost, Stolen or Destroyed Bonds . . . . .
Registration of Bonds; Persons Tteated as Owners .
Redemption Provisions . . . . . . . . . . . . . . . . .
Notice of Redemption . . . . . . . . . . . . . . . . . .
Partially Redeemed Fully Registered Bonds . . . . •
Cancellation . . . . . . . . . . . . . . . . . . . . . . . .
Nonpresentation of Bonds . . . . . . . . . . . . . . . .
Initial Bonds . . . . . . . . . . . . . . . . . . . . . . . .
Issuance of Additional Bonds . . . . . . . . . . . . . .
Temporary Bonds . . . . . . . . , . . . . . . . . . . . .
Form of Bonds . . . . . . . . . . . . . . . . . . . . . ;
Covenant Against Creating or Permitting Liens

14
14
15
16
17
17
18
19
20
21
21
21
21
23
24
24

ARTICLE III
CREATION OF FUNDS AND ACCOUNTS
Section 3 .1.
Section 3.2.
Section 3.3.
Section 3A.
Section 3.5.
Section 3.6.
Section 3 . 7.
Section 3.8.

402102.00l(PF)

Creation of Construction Fund . . . . . . . . . . . . .
Creation of Revenue Fund . . . . . . . . . . . . . . .
Creation of Bond Fund . . . . . . . . . . . . . . . . .
Creation of Sinking Fund Account . . . . . . . . . .
Creation of Debt Service Reserve Fund . . . . . . .
Creation of Reserve Instrument Fund . •. . . . . . . .
Creation of Repair and Replacement Fund . . . . . . .
Creation of Rebate Fund . . . . . . . . . . . . . . . .

25
25
25
25
25
25
25
26

12/05/97

ARTICLE IV
APPLICATION OF BOND PRQCEEDS AND OTHER MONEYS

27

ARTICLE V
USE OF FUNDS
Section 5. l.
Section 5.2.
Section 5.3.
Section 5.4.
Section 5.5.
Section 5.6.
Section 5. 7.
Section 5.8.
Section 5.9.
Section 5.10.
Section 5. 11.

Use of Construction Fund . . . . . . . . . . . . . . . .
Use of Revenue Fund . . . . . . . . . . . . . . . . . .
Use of Bond Fund . . . . . . . . . . . . . . . . . . . .
Use of Sinking Fund Account . . . . . . . . . . . . .
Use of Debt Service Reserve Fund . . . . . . . . . .
Use of Reserve Instrument Fund . . . . . . . . . . . .
Use of Repair and Replacement Fund . . . . . . . . .
Use of Rebate Fund . . . . . . . . . . . . . . . . . . .
Investment of Funds . . . . . . . . . . . . . . . . . . .
Trust Funds . . . . . . . . . . . . . . •. : . . . . . . . .
Method of Valuation and Frequency of Valuation

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ARTICLE VI
GENERAL COVENANTS
Section 6 .1.
Section 6.2.
Section 6.3.
Section 6.4.
Section 6. 5.
Section 6.6.
Section 6.7.
Section 6.8.
Section 6.9.
Section 6.10.
Section 6 .11.
Section 6.12.
Section 6.13.
Section 6.14.
Section 6.15.

General Covenants . . . . . . . . . . . . . . . . . . . .
First Lien Bonds; Equality of Liens . . . . . . . . . .
Payment of Principal and Interest . . . . . . . . . . .
Performance of Covenants; Issuer . . . . . . . . . . .
List of Bondholders . . . . . . . . . . . . . . . . . . . .
Designation of Additional Paying Agents . . . . . .
Tax Exemption of Bonds . . . . . . . . . . . . . . . .
Expeditious Construction . . . . . . . . . . . . . . . .
Management of System . . . . . . . . . . . . . . . . .
Payment of Operation and Maintenance Expenses .
Payment of Taxes ~ . . . . . . . . . . . . . . . . . . .
Insurance . . . . . . . . . . . . . . •. . . . . . . . . . . .
Instruments of Further Assurance . . . . . . . . . . .
Covenant Not to Sell . . . . . . . . . . . . . . . . . . .
Billing Procedure . . . . . . . . . . . . . . . . . . . . .

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ARTICLE VII
EVENTS OF DEFAULT; REMEDIES
Section 7 .1.

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Events of Default . . . . . . . . . . . . . . . . . . . . .

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Section 7 .2.
Section 7.3.
Section 7 .4.
Section 7 .5.
Section 7 .6.
Section 7. 7.
•Section 7.8.
Section 7. 9.

Remedies; Rights of Registered Owners . . . . . . .
Right of Registered Owners to Direct Proceedings .
Application of Moneys . . . . . . . . . . . . . . . . .
Remedies Vested in Trustee . . . . . . . . . . . . . .
Rights and Remedies of Registered Owners . . . . .
Termination of Proceedings .. . . . . . . . . . . . . . .
Waivers of Events of Default . . . . . . . . . . . . . .
Cooperation of Issuer . . . . . . . . . . . . . . . . . .

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ARTICLE VIII ·
THE TRUSTEE
Section 8 .1.
Section 8.2.
Section 8.3.
Section 8.4.
Section 8.5.
Section 8.6.
Section 8.7.
Section 8.8.
Section 8.9.
Section 8 .10.
Section 8 .11.
Section 8.12.
Section 8.13.

Acceptance of the Trusts . . . . . . . . . . . . . . . .
Fees, Charges and Expenses of Trustee . . . . . . .
Notice to Registered Owners if Event
of Default Occurs . . . . . . . . . . . . . . . . . . . . .
Intervention by Trustee . . . . . . . . . . . . . . . . .
Successor Trustee . . . . . . . . . . . . . . . . . . . . .
Resignation by the Trustee . . . . . . . . . . . . . . .
Removal of the Trustee . . . . . . . . . . . . . . . . .
Appointment of Successor Trustee
by Registered Owners; Temporary Trustee . . . . .
Concerning Any Successor Trustee . . . . . . . . . .
Trustee Protected in Relying Upon Indenture, Etc .
Successor Trustee as Trustee of
Funds; Paying Agent and Bond Registrar . . . . . .
Trust Estate May Be Vested in
Separate or Co-Trustee . . . . . . . . . . . . . . . . .
Annual Accounting . . . . . . . . . . . . . . . . . . . .

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ARTICLE IX
SUPPLEMENTAL INDENTURES
Section 9 .1.
Section 9.2.

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Supplemental Indentures Not Requiring
Consent of Registered Owners or
Reserve Instrument Providers . . . . . . . . . . . . .
Supplemental Indentures Requiring
Consent of Registered Owners and
Reserve Instrument Providers; Waivers and
Consents by Registered Owners . . . . . . . . . . . .

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ARTICLEX
DISCHARGE OF INDENTURE

60
ARTICLE XI
MISCELLANEOUS

Section 11.1.
Section 11. 2.
Section 11. 3.
Section 11.4.
Section 11.5.
Section 11. 6.
Section 11. 7.
Section 11.8.
Section 11. 9.
Section 11. 10.
Section 11. 11.

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Consents, Etc., of Registered Owners . . . . . . . .
Limitation of Rights . . . . . . . . . . . . . . . . . . .
Severability . . . . . . . . . . . . . . . . . . . . . . . .
Notices ... , . . . . . . . : . . . . . . . . . . . . . . .
Trustee as Paying Agent and Registrar . . . . . . . .
Counterparts . . . . . . . . . . . . . . . . . . . . . . . . .
Applicable Law . . . . . . . . . . . . . . . . . . . . . .
Immunity of Officers and Directors . . . . . . . . . .
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . .
Effective Date . . . . . . . . . . . . . . . . . . . . . . .
Compliance with Municipal Bond Act
and Refunding Bond Act . . . . . . . . . . . . . . . .

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TIIIS GENERAL INDENTURE OF TRUST, dated as of December 1, 1997, by
and between TOOELE CITY, TOOELE COUNTY, UTAH, a political subdivision and
body politic duly organized and existing under the Constitution and laws of the State of
Utah (the "Issuer"), and ZIONS FIRST NATIONAL BANK, a national bank duly
organized and existing under the laws of the United States of America, authorized by law
to accept and execute trusts and having its principal office in Salt Lake City, Utah (the
"Trustee"),
WITNESSETH:
WHEREAS, the Issuer desires to finance improvements to its existing sewage
collection and treatment system (the "System"), including, but not limited to additions,
extensions, buildings and other improvements to house and operate said facilities, to
refund and retire existing obligations which are secured by the Revenues (as herein
defined) of the System, to fund debt service reserves, and to pay issuance expenses to
be incurred in connection with the issuance and sale of the Bonds herein authorized and
defined; and
WHEREAS, the Issuer intends to obtain Revenues from the System sufficient to
pay Operation and Maintenance Expenses of the System as said terms are defined herein
as well as debt service on the Bonds; and
WHEREAS, the Revenues, after payment of Operation and Maintenance Expenses
of the System (the "Net Revenues"), will not be pledged or liypothecated in any manner
or for any purpose at the time of the issuance of the Bonds herein authorized and the
Issuer desires to pledge said Net Revenues .toward the payment of the principal and
interest on said. Bonds; and
WHEREAS, pursuant to the Utah Municipal Bond Act, Title· 11, Chapter 14,
Utah Code Annotated 1953, as amended, and the Utah Refunding Bond Act, Title 11,
· Chapter 27, Utah Code Annotated 1953, as amended (collectively, the • Act"); the Issuer
is authorized to issue its bonds payable from a special fund into which the Net Revenues
of the Issuer may be pledged.
NOW, THEREFORE, TIIIS INDENTURE OF TRUST WITNESSETH:
For and in consideration of the premises, the mutual covenants of the Issuer and
the Trustee, the purchase from time to time of the Bonds by the Registered Owners
thereof and .the issuance by Reserve Instrument Providers from time to time of Reserve
Instruments, and in order to secure the payment of the principal of and premium, if any,
and interest on the Bonds and of all Reserve Instrument Repayment Obligations according
to their tenor and effect and the performance and observance by the Issuer of all the
covenants expressed or implied herein, in the Bonds and in all Reserve Instrument
Agreements, the Issuer does hereby convey, assign and pledge unto the Trustee and unto

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the valid and binding legal obligations ofthe Issuer and to make this First Supplemental
Indenture a valid and binding agreement have been done;
NOW, THEREFORE, THIS FIRST SUPPLEMENTAL INDENTURE OF
TRUST WITNESSETH, that to secure the 1997 Bonds and all Additional Bonds issued
and Outstanding under the Indenture, the payment of the principal or redemption price
thereof and interest thereon, the rights of the Registered Owners of the Bonds and of all
Reserve Instrument Providers and the performance of all of the covenants contained in
such Bonds and herein, and for and in consideration of the mutual covenants herein
. contained and of the purchase of such Bonds by the Registered Owners thereof from time
to time and the issuance of the Reserve Instrument by the Reserve Instrument Provider,
and of the acceptance by the Trustee of the trusts hereby created, and intending to be
legally bound hereby, the Issuer has executed and delivered this First Supplemental
Indenture of Trust; and by these presents does, in confirmation of the General Indenture,
as amended and supplemented, hereby sell, assign, transfer, set over and pledge unto
Zions First National Bank, as Trustee, its successors and trusts and its assigns forever,
to the extent provided in the General Indenture, as amended and supplemented, all right,
title and interest of the Issuer in and to (i) the Net Revenues (as defined in the General
Indenture), (ii) all moneys in funds and accounts held by the Trustee under the General
Indenture and hereunder (except the Wastewater Sales Fund which is pledged solely to
the Owners of the 1997B Bonds and the Rebate Fund), and (iii) all other rights granted
under the General Indenture and hereinafter granted for the future securing of such
Bonds.
TO HAVE AND TO HOLD THE SAME unto the Trustee and its successors in
trust hereby created and its and their assigns forever;
IN TRUST, NEVERTHELESS, FIRST, for the equal and ratable benefit and
security of all present and future Registered Owners of Bonds without preference,
priority, or distinction as to lien or otherwise (except as otherwise specifically provided),
of any one Bond over any other Bond, and SECOND, for the equal and proportionate
benefit, security and protection of all Reserve Instrument Providers, without privilege,
priority or distribution as to the lien or otherwise of any Reserve Instrument Repayment
Obligation over any of the others by reason of time of issuance, delivery or expiration
thereof or otherwise for any cause whatsoever.

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ARTICLE I
DEFINmONS
Section 1. 1. Definitions. As used in this Indenture, the following terms shall
have the following meanings unless the context otherwise clearly indicates:
"Additional Bonds" means all Bonds issued under this Indenture other than
the Initial Bonds.
"Aggregate Annual Debt Service Requirement" means the total principal,
interest and premium payments due and payable for any one Bond Fund Year (less
capitalized interest and principal payable on any bond anticipation notes) on all Series of
Bonds Outstanding or any specified portion thereof.
"Bond Fund" means the Tooele City, Tooele County, Utah Sewer Revenue
Bond Fund created in Section 3.3 hereof to be held by the Trustee and administered
pursuant to Section 5.3 hereof.
"Bond Fund Year" means the 12-month period beginning July 1 of each
year and ending on the next succeeding.June 30, except that the first Bond Fund Year
shall begin on the date of delivery of the Bonds and shall end on the next succeeding
June 30.
"Bondholder," "Bondowner", "Registered Owner" or "Owner" means the
registered owner of any Bonds herein authorized.
"Bonds" means Initial Bonds and any Additional Bonds.
"Business Day" means a day on which banking business is transacted, but
not including any day on which banks are authorized to be closed in the city in which the
Trustee has its principal corporate trust office. _
"City Recorder" means the City Recorder of the Issuer or any successor
to the duties of such office.
"Code" means the Internal Revenue Code of 1986, as amended.
"Construction Fund" means the Tooele City, Tooele County, Utah
Revenue Construction Fund created in Section 3 .1 hereof to be held by the Trustee and
administered pursuant to Section 5 .1 hereof.
"Cost" or "Costs" or "Cost of Completion", or any phrase of similar
import, in connection with a Project or with the refunding of any Bonds, means all costs
and expenses which are properly chargeable thereto under generally accepted accounting

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principles or which are incidental to the financing, acquisition and construction of a
Project, or the refunding of any Bonds, including, without limiting the generality of the
foregoing:
(a)
contracts;

amounts payable to contractors and costs incident to the award of

cost of labor, facilities and services furnished by the Issuer and its
employees or others, materials and supplies purchased by the Issuer or others and
permits and licenses obtained by the Issuer or others;
(b)

(c)
engineering, architectural, legal, planning,
accounting and other professional and advisory fees;

underwriting,

(d)
premiums for contract bonds and insurance during construction and
costs on account of personal injuries and property damage in the course of
construction and insurance against the same;
(e)
interest expenses, including interest on the Series of Bonds relating
to a Project;
(t)
printing, engraving and other expenses of financing, including
premiums for municipal bond insurance, fees of financial rating services and fees
for issuance of bank letters of credit or similar banking arrangements and costs
of issuing the Series of Bonds relating to a Project;

(g)
costs, fees and expenses in connection with the acquisition of real
and personal property or rights therein, including premiums for title insurance;

(h)
costs of equipment purchased by the Issuer and necessary to the
completion and proper operation of a Project;
(i)
amounts required to repay temporary or bond anticipation loans or
notes made to finance the costs of a Project;
G)

cost of site improvements performed by the Issuer in anticipation

of a Project;
(k)

moneys necessary to fund the Funds created under this Indenture;

(I)
costs of the capitalization with proceeds of a Series of Bonds issued
hereunder of any operation and maintenance expenses and other working capital
appertaining to any facilities to be acquired for a Project and of any interest on
a Series of Bonds for any period not exceeding the period estimated by the Issuer
to effect the construction of a Project plus one year, as herein provided, of any

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discount on bonds or other securities, and of any reserves for the payment of the
principal of and interest on a Series of Bonds, of any replacement expenses and
of any other cost of issuance of a Series of Bonds or other securities, and Reserve
Instrument Costs; •
(m)
costs of amending any indenture or other instrument authorizing the
issuance of or otherwise appertaining to a Series of Bonds;
(n)
all other expenses necessary or desirable and appertaining to a
Project, as estimated or otherwise ascertained by the Issuer, including costs of
contingencies for a Project; and
(o)
payment to the Issuer of such amounts, if any, as shall be
necessary to reimburse the Issuer in full for advances and payments theretofore
made or costs theretofore incurred by the Issuer for any item of Costs.
In the case of any project for refunding or redeeming any bonds or other obligations,
"Cost" includes, without limiting the generality of the foregoing, the items listed in (c),
(e), (f) and (k) above, advertising and other expenses related to the redemption of such
bonds to be redeemed and the redemption price of such bonds (and the accrued interest
payable on redemption to the extent _not otherwise provided for). Whenever Costs are
required to be itemized, such itemization shall, to the extent practicable, correspond with
the items listed above.
"Debt Service Reserve Fund" means the Tooele City, Tooele County, Utah
Revenue Debt Service Reserve Fund created in Section 3.5 hereof to be held by the
Trustee and administered pursuant to Section 5.5 hereof.
"Debt Service Reserve Requirement" for all Bonds issued hereunder means
an amount equal to the least of (i) 10 % of the proceeds of all Series of Bonds determined
on the basis of their initial purchase price to the public, (ii) the maximum Aggregate
Annual Debt Service Requirement, and (iii) 120% of the average Aggregate Annual Debt
Service Requirement. The Debt Service Reserve Requirement may be funded by a
Reserve Instrument as herein provided. Upon the issuance of Additional Bonds or upon
any refunding of Bonds issued hereunder the aggregate Debt Service Reserve
Requirement for the Bonds then Outstanding and the Additional Bonds, if any, to be so
issued shall be determined based upon the Bonds to be Outstanding immediately
following the issuance of the Additional Bonds or such refunding.
"Direct Obligations" means (a) cash, (b) Government Obligations, and (c)
money market funds registered under the Federal Invesnnent Company Act of 1940,
whose shares are registered under the Federal Securities Act of 1933, and having a rating
by S&P of AAArn-G, AAArn, or AA-m and if rated by Moody's rated Aaa, Aal or Aa2.

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"Event of Default" means with respect to any default or event of default
hereunder any occurrence or event specified in and defined by Section 7 .1 hereof.
"Government Obligations" means solely one or more of the following:
(a)
State and Local Government Series issued by the United States
Treasury ("SLGS");
(b)
United States Treasury bills, notes and bonds, as traded on the
open market;
(c)

Zero Coupon United States Treasury Bonds; and

(d)
Any other direct obligations of or obligations unconditionally
guaranteed by, the United States of America (including, without limitation,
obligations commonly referred to as "REFCORP strips").
"Gross Proceeds" shall mean with respect to any Series of Bonds the gross
proceeds of such Series of Bonds as defined in Section 148(f)(6)(B) of the Code and
Section 1.148-l(b) of the Regulations.
"Indenture" means this Indenture of Trust as from time to time amended
or supplemented by Supplemental Indentures in accordance with the .terms of this
Indenture.
"Initial Bonds" means the first Series of Bonds issued tinder this Indenture.
"Interest Payment Date" means the stated maturity date of an installment
of interest on the Bonds.
"Issuer" means Tooele City, Tooele County, Utah and its successors.
"Mayor" means the Mayor of the. Issuer or any successor to the duties of
such office.
"Moody's" means Moody's Investors Service, Inc.
"Net Revenues" means the Revenues after provision has been made for the
payment therefrom of Operation and Maintenance Expenses.
"Operation and Maintenance Expenses" means all expenses reasonably
incurred in connection with the operation and maintenance of the System, whether
incurred by the Issuer or paid to any other municipality or company pursuant to contract
or otherwise, necessary to keep the System in efficient operating condition, including cost
?f audits hereinafter required, payment of promotional and marketing expenses and real

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estate brokerage fees, payment of premiums for the insurance hereinafter required,
Reserve Instrument Costs and, generally all expenses, exclusive of depreciation, which
under generally accepted accounting practices are properly all~ble to operation and
maintenance; however, only such expenses as are reasonably and properly necessary to
the efficient operation and maintenance of the System shall be included.
"Outstanding" or "Bonds Outstanding" means at any date all Bonds which
have not been cancelled which have been or are being authenticated and delivered by the
Trustee under this Indenture, except:
(a)
Any Bond or portion thereof which at the time has been paid or
deemed paid pursuant to· Article X of this Indenture; and
•
Any Bond in lieu of or in substitution for which a new Bond shall
have been authenticated and delivered hereunder, unless proof satisfactory to the
·Trustee is presented that such Bond is held by a bona fide holder in due course.
• (b)

"Owner(s)" or "Registered Owner(s)" means the registered owner(s) of the
Bonds according to the registration books of the Issuer maintained by the Trustee as
Registrar for the Bonds pursuant to Sections 2.6, 6.5 and 11.5 hereof.
"Paying Agent" means the Trustee, appointed as the initial paying agent
for the Bonds pursuant to Sections 6.6 and 11.5 hereof, and any additional or successor
paying agent appointed pursuant hereto.
"Project" means the acquisition or construction of additions or
improvements to the Issuer's System. The particular Project for each Series of Bonds
shall be further described in the Supplemental Indenture which authorizes the issue of
said Series of Bonds.
"Qualified Engineer" means any registered or licensed engineer or
architect or engineer or firm of such engineers or architects and engineers generally
recognized to be quaiified in engineering matters relating to construction and maintenance
of municipal water systems, appointed and paid by the Issuer, who shall not have any
substantial interest, direct or indirect, with the Issuer, and not be connected with the
Issuer as an officer or employee of the Issuer, but who may be regularly retained to
make annual or other periodic reports to the Issuer.
"Qualified Investments" means any of the following securities:
(i)

Direct Obligations;

Obligations of any of the following federal agencies which
obligations represent full faith and credit obligations of the United States of
America: the Export-Import Bank of the United States; the Government National
(ii)

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Mortgage Association; the Federal Financing Banlc; the Farmer's Home
Administration; the Federal Housing Administration; the Maritime
Administration: General Services Administration, Small Business Administration;
or the Department of Housing and Urban Development (PHA's);
(iii) • Money market funds rated "AAAm" or "AAAm-G" or better by
S & P;
(iv)
Commercial paper which is rated at the time of purchase in the
single highest classification, P-i by Moody's or A-1+ by S & P, and which
matures not more than 270 days after the date of purchase;
(v)
Bonds, notes or other evidences or indebtedness rated "AAA" by
S & P and "Aaa" by Moody's issued by the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation with remaining
maturities not exceeding three years;
(vi)
U.S. dollar denominated deposit accounts, federal funds and
banker's acceptances with domestic commercial banks which have a rating on
their short .term certificates of deposit on the date or purchase of "A-1" or
"A-1 +" by S & P and "P-1" by Moody's and maturing no more than 360 days
after the date or purchase (ratings on holding companies are not consid~red as the
rating of the bank);
(vii) the fund held by the Treasurer for the State of Utah and commonly
known as the Utah State Public Treasurer's Investment Fund; and
(viii) Any investments or securities permitted for investment of public
funds under the State Money Management Act of 1974, Title 51, Chapter 7, Utah
Code Annotated 1953, as amended.
"Rated Obligations" means obligations which at the time of their purchase
under the· Indenture are rated in either of the two highest long-term debt Rating
Categories by a Rating Agency or in its highest short-term debt Rating Category.
"Rating Agency" means Moody's or S & P and their successors and
assigns. If either such corporation ceases to act as a securities rating agency, the Issuer
may, with the approval of the Trustee, designate any nationally recognized securities
rating agency as a replacement.
"Rating Category" or "Rating Categories" mean one or more of the
generic rating categories of a Rating Agency, without regard to any refinement or
gradation of such rating category or categories by a numerical modifier or otherwise.

402102.00JIPF)

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"Rebatable Arbitrage" shall mean with respect to any Series of Bonds the
amount (determinable as of each Rebate Calculation Date of rebatable arbitrage payable
to the United States at the times and in the amounts specified in Section 148(t)(3) of the
Code and Section 1.148-3 of the Regulations.
"Rebate Calculation Date" means, with respect to each Series of Bonds,
the interest payment date next preceding the fifth anniversary of the issue date of such
Series of Bonds, each fifth anniversary of the Initial Rebate Calculation Date for such
Series of Bonds, and the date of retirement of the last bond for such Series.
"Rebate Fund" means the Tooele City, Tooele County, Utah Revenue
Rebate Fund created in Section 3.8 hereof to be held by the Trustee and administered
pursuant to Section 5.8 hereof.
"Registrar" means the Trustee (or other party designated as Registrar by
Supplemental Indenture), appointed as the initial registrar for the Bonds pursuant to
Sections 2.6, 6.5 and 11.5 hereof, and any additional or successor registrar appointed
pursuant hereto.
"Regular Record Date" means the fifteenth day (whether or not a Business
Day) next preceding each Interest Payment Date.
"Regulations," and all references thereto shall mean and include applicable
final, proposed and temporary United States Treasury Regulations promulgated with
respect to Sections 103 and 141 through 150 of the Code, including all amendments
thereto made hereafter.
"Repair and Replacement Fund" means the Tooele City, Tooele County,
Utah Revenue Repair and Replacement Fund created in Section 3. 7 hereof to be held by
the Trustee and administered pursuant to Section 5. 7 hereof.
_.,Repair and Replacement Reserve Requirement" means the amount or
amounts from time to time required under each Supplemental Indenture to be on deposit
in the Repair and Replacement Fund.
"Reserve Instrument" means a device or instrument issued by a Reserve
Instrument Issuer to satisfy all or any portion of the Debt Service Reserve Requirement.
The term "Reserve Instrument" includes, by way of example and not of limitation, letters
of credit, bond insurance policies, surety bonds, standby bond purchase agreements, lines
of credit and other devices. ·
"Reserve Instrument Agreeinent" means any agreement entered into by the
Issuer and a Reserve Instrument Provider pursuant to a Supplemental Indenture and
providing for the issuance by such Reserve Instrument Provider of a Reserve Instrument.

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"Reserve Instrument Costs" means all fees, premiums, expenses and
similar costs, other than Reserve Instrument Repayment' Obligations, required to be paid
to a Reserve Instrument Provider pursuant to a Reserve Instrument Agreement. Each
Reserve Instrument Agreement shall specify the fees, premiums, expenses and costs
constituting Reserve Instrument Costs.
"Reserve Instrument Coverage" means, as of any date of calculation, the
aggregate amount available to be paid to the Trustee pursuant hereto under all Reserve
Instruments.
"Reserve Instrument Fund" means the Tooele City, Tooele County, Utah
Revenue Reserve Instrument Fund created in Section 3.6 hereof to be held by the Trustee
and administered pursuant to Section 5.6 hereof.
"Reserve Instrument Limit" means, as of any date of calculation and with
respect to any Reserve Instrument, the maximum aggregate amount available to be paid
under such Reserve Instrument into the Debt Service Reserve Fund assuming for
purposes of such calculation that the amount initially available· under each Reserve
Instrument has not been reduced or that the amount initially available under each Reserve
Instrument has only been reduced as a result of the payment of principal of the Bonds.
"Reserve Instrument Provider" means any bank, savings and loan
assoc1at1on, savings bank, thrift institution, credit union, insurance company. surety
company or other institution issuing a Reserve Instrument.
"Reserve Instrument Repayment Obligations" means, as of any date of
calculation and with respect to any Reserve Instrument Agreement, those outstanding
amounts payable by the Issuer under such Reserve Instrument Agreement to repay the
Reserve Instrument Provider for payments previously made by it pursuant to a Reserve
Instrument. There shall not be included in the calculation of Reserve Instrument
Repayment Obligations any Reserve Instrument Costs. Each Reserve •Instrument
Agreement and the Supplemental Indenture authorizing the execution and delivery of such
Reserve Instrument Agreement shall specify the amounts payable under it which, when
outstanding, shall constitute Reserve Instrument Repayment Obligations and shall specify·
the portions of such amounts that are allocable as principal of and as interest on such
•
Reserve Instrument Repayment Obligations.
•
"Revenue Fund" means the Tooele City, Tooele County, Utah Revenue
Fund created in Section 3.2 hereof in the hands of the Issuer to be administered pursuant
to Section 5.2 hereof.
"Revenues" means all revenues, fees, including impact fees and connection
•fees, income, rents and receipts received or earned by the Issuer from or attributable to
the ownership and operation of the System, together with all interest earned by and
profits derived from the sale of investments in the related funds thereof; provided,

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however, that unless otherwise provided by Supplemental Indenture, Revenues shall not
include moneys received from the sale of treated wastewater pursuant to a talce or pay
contract with a private person or entity.
•

•s & P" means Standard & Poor's Corporation.
"Serial Bonds" means those Bonds other than Term Bonds.
"Series" means all of the Bonds authenticated and delivered on original
issuance and identified pursuant to the Supplementar Indenture authorizing such Bonds
as a separate Series of Bonds, and any Bonds thereafter authenticated and delivered in
lieu thereof or in substitution therefor.
"Sinking Fund Account" means the Tooele City, Tooele County, Utah
Revenue Sinking Fund Account of the Bond Fund created in Section 3.4 hereof to be
held by the Trustee and administered pursuant to Section 5.4 hereof.
"Sinking Fund Installment" means the amount of money which is required
to be deposited into the Sinking Fund Account in each Bond Fund Year as specified in
the Supplemental Indenture authorizing the Bonds of a Series for the retirement of Term
Bonds of such Series, if any (whether at maturity or by redemption), and including the
redemption premium, if any.
"Special Record Date" means such date as niay be fixed for the payment
of defaulted interest on the Bonds in accordance with this Indenture.
"State" means the State of Utah.
"Supplemental Indenture" means any indenture between the Issuer and the
Trustee entered into pursuant to and in compliance with the provisions of Article IX
hereof.
"System" means the Issuer's sewage collction and treatment system,
together with any additions, repairs, renewals, replacements, expansions, extensions and
• improvements to said System, or any part thereof, hereafter acquired or constructed, and
together with all lands, easements, interests in land, licenses, water rights and rights of
way of the Issuer and all other works, propercy, structures, equipment of the Issuer and
contract rights and other tangible and intangible assets of the Issuer now or hereafter
owned or used in connection with, or related to said System.
"Term Bonds" means the Bonds which shall be subject to retirement by
operation of mandatory sinking fund redemptions from the Sinking Fund Account.
"Trustee" means Zions First National Bank, One South Main Street, Salt
Lake City, Utah 84111, or any successor corporation resulting from or surviving any

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consolidation or merger to which it or its successors may be a party and any successor
trustee at any time serving as successor trustee hereunder.
"Year" means any consecutive twelve-month period.
Section 1.2.

Indenture to Constitute Contract. In consideration of the purchase

and acceptance from .time to time ·of any and all of the Bonds authorized to be issued
hereunder by the Registered Owners thereof, and the issuance from time to time of any

and all Reserve Instruments by Reserve Instrument Providers pursuant hereto, this
Indenture shall be deemed to be and shall constitute a contract between the Issuer and the
Owners from time to time of the Bonds and the Reserve Instrument Providers; and the
pledge made in this Indenture and the covenants and agreements herein set forth to be
performed by or on behalf of the Issuer shall be, FIRST, for the equal benefit, protection
and security of the Owners of any and all of the Bonds all of which, regardless of the
time or times of their authentication and delivery or maturity, shall be of equal rank
without preference, priority or distinction of any of the Bonds over any other thereof,
except as expressly provided in or permitted by this Indenture, and SECOND, for the
equal benefit, protection and security of the Reserve Instrument Providers of any and all
of the Reserve Instruments which, regardless of the time or times of their issuance,
delivery or termination, shall be of equal rank without preference, priority or distinction
of any Reserve Instrument over any other thereof.
Section 1.3. Construction. This Indenture, except where the context by clear
implication herein otherwise requires, shall be construed as follows:
(a)
The terms "hereby," "hereof," "herein," "hereto," "hereunder",
and any similar terms used in this Indenture shall refer to this Indenture in its
entirety unless the context clearly indicates otherwise.
(b)
Words in the singular number include the plural, and words in the
plural include the singular.
(c)
Words in the masculine gender include the feminine and the neuter,
and when the sense so indicates, words of the neuter gender refer to any gender.
(d)
Articles, sections, subsections, paragraphs and subparagraphs
mentioned by number, letter, or otherwise, correspond to the respective articles,
sections, subsections, paragraphs and subparagraphs hereof so numbered or
otherwise so designated.
(e)
The titles or leadlines applied to articles, sections and subsections
herein are inserted only as a matter of convenience and ease in reference and in
no way define, limit or describe the scope or intent of any provisions of this
Indenture.

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Any securities payable from any Revenues held by the Issuer shall
not be deemed to be outstanding for the purpose of consents hereunder or for any
other purpose provided herein .
(f)

•

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ARTICLE II
THE BONDS
Section 2.1. Authorization of Bonds. There is hereby created for issuance
hereunder -an issue of Bonds which may, if and when authorized by Supplemental
Indenture, be issued in one or more separate Series. Each Series of Bonds shall be
authorized by a separate Supplemental Indenture, which shall state the purpose or
purposes for which each such Series of Bonds is being issued: The aggregate principal
amount of Bonds which may be issued shall not be limited except as provided herein or
as may be limited by law provided that the aggregate principal amount of Bonds of each
such Series shall not exceed the amount specified in the Supplemental Indenture
authorizing _each such Series of Bonds.
Section 2.2.

Description of Bonds: Payment.

(a)
The Bonds of each Series issued under the provisions hereof may
be issued only as registered bonds.
Unless otherwise specified in the
Supplemental Indenture authorizing such Series of Bonds, bonds of each Series
shall be in the denomination of One Thousand Dollars ($1,000) each or any
integral multiple thereof, shall be numbered consecutively from R-1 upwards and
shall bear interest payable on February 1 and August 1.
(b)
The Bonds of each Series issued hereunder shall be dated, shall
bear interest at a rate or rates not exceeding the maximum rate permitted by law
on the date of initial issuance of Bonds of such Series, and be payable on the
days, shall be stated to mature on the days and in the years and shall be subject
- to redemption prior to their respective maturities, all as set forth in the
Supplemental Indenture authorizing such Series of Bonds. The Bonds of each
Series shall be designated "Revenue [Refunding] Bonds, 19_ _ Series--=--=--=-."
in each case inserting the year in which the Bonds are issued and an identifying
Series letter.
(c) - Both the principal of and the interest on the Bonds shall be payable
in any coin or currency of the United States of America, as at the respective time
of payment, shall be legal tender for payment of public and private debts.
Payment of the interest on any Bond shall be made to the person appearing on the
Bond registration books of the registrar hereinafter provided for as the Registered
Owner thereof by check or draft mailed to the Registered Owner at his address
as it appears on such registration books or to owners of $1,000,000 or more in
aggregate principal amount of Bonds (or owners of 100% of an Series then
Outstanding) by wire transfer to a bank. account designated by the Registered
Owner in written instru<,tions furnished to the Trustee. The interest on Bonds so
payable, and punctually paid and duly provided for, on any Interest Payment Date
will be paid to the person who is the Registered Owner thereof at the close of

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business on the Regular Record Date for such interest, which shall be the
fifteenth day (whether or not a business day) next preceding such Interest
Payment Date. Any such interest not so punctually paid or duly provided for
shall forthwith cease to be payable to the registered owner of any Bond on such
Regular Record Date, and may be paid to the person who is the Registered
Owner thereof at the close of business on a Special Record Date for the payment
of such defaulted interest to be fixed by the Trustee, notice thereof to be given
to such Registered Owner not Jess than ten days prior to such Special Record
Date. The principal of and premium, if any, on Bonds are payable upon
presentation and surrender thereof at the principal corporate trust office of the
Trustee •as Paying Agent, except as otherwise provided by Supplemental
Indenture. All such payments shall be valid and effectual to satisfy and discharge
the liability upon such Bond to the extent of the sum or sums so paid.
(d)
The Bonds of each Series may contain or have endorsed thereon
such provisions, specifications and descriptive words not inconsistent with the
provisions hereof as may be necessary or desirable to comply with custom, the
rules of any securities exchange or commission or brokerage board or otherwise,
as may be specified in the Supplemental Indenture authorizing such Series of
Bonds.
Section 2.3. Execution: Limited Obligation. The Bonds shall be executed on
behalf of the Issuer with the manual or official facsimile signature of its Mayor,
countersigned with the manual or official facsimile signature of the City Recorder, and
shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the
Issuer. In case any officer, the facsimile of whose signature shall appear on the Bonds,
shall cease to be such officer before the delivery of such Bonds, such facsimile shall
nevertheless be valid and sufficient for all purposes, the same as if he had remained in
office until delivery. The Bonds, together with interest thereon, shall .be limited
obligations of the Issuer payable solely from the Net Revenues (except to the extent paid
out of moneys attributable to the Bond proceeds or other funds created hereunder or the
income from the temporary investment thereof).
The Bonds shall be a vaiid claim of the respective Registered Owners thereof only
against the Net Revenues and other moneys in funds and accounts held by the Trustee
hereunder (except the Rebate Fund) and the Issuer hereby pledges and assigns the same
for the equal and ratable payment of the Bonds, and the Net Revenues shall be used for
no other purpose than to pay the principal of, premium, if any, and interest on the
Bonds, except as may be otherwise expressly authorized herein. The issuance of the
Bonds shall not, directly, indirectly or contingently, obligate the Issuer or any agency,
instrumentality or political subdivision thereof to levy any form of taxation therefor or
to make any appropriation for their payment.

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The provisions of this Section relating to the execution of Bonds may be changed
as they apply to the Bonds of any Series by the Supplemental Indenture authorizing such
Series of Bonds.
Section 2.4.

Authentication and Delivery of Bonds.

(a)
The Issuer shall deliver executed Bonds of each Series to the
Trustee for authentication. Subject to the satisfaction of the conditions for
authentication of Bonds set forth herein, the Trustee shall authenticate such
Bonds, and deliver them upon the order of the Issuer to the purchasers thereof
upon the payment by the purchasers to the Trustee for the account of the Issuer
of the purchase price therefor. Delivery by the Trustee shall be full acquittal to
the purchasers for the purchase price of such Bonds, and such purchasers shall
be under no obligation to see to the application thereof. The proceeds of the sale
of such Bonds shall, however, be disposed of only as provided herein and in the
Supplemental Indenture.
No Bond shall be valid or obligatory for any purpose or entitled to
any security or benefit hereunder, unless and until a certificate of authentication •
on such Bond substantially in the form set forth in the Supplemental Indenture
authorizing such Bond shall have been duly executed by'the Trustee, and such
executed certificate of the Trustee upon any such Bond shall be conclusive
evidence that such Bond has been authenticated and delivered hereunder. The
Trustee's certificate of authentication on any Bond shall be deemed to have been
executed by it if signed by an authorized officer of the Trustee, but it shall not
be necessary that the same officer sign the· certificate of authentication on all of •
the Bonds issued hereunder.
(b)

.
(c)
Prior to the authentication by the Trustee of each Series of Bonds ·
there shall have been filed with the Trustee:
(i)
A copy, duly certified by the City Recorder, of this
Indenture (to the extent not theretofore so filed) and the Supplemental
Indenture authorizing such Series of Bonds.
(ii)
A copy, certified by the City Recorder, of the proceedings
. of the Issuer's City Council approving the execution and delivery of the
instruments specified in Subparagraph (i) a,.bove and the execution and
delivery of such Series of Bonds, together with a certificate, dated as of
the date of authentication of such Series of Bonds, of the City Recorder
that such proceedings are still in force and effect without amendments
except as shown in such.proceedings.
•
(iii)
A request and authorization to the Trustee of the Issuer to
authenticate such Series of Bonds in the aggregate principal amount

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therein specified and deliver them to purchasers therein identified upon
payment to the Trustee, for account of the Issuer, of the sum specified
therein.
(iv)
An opinion of Bond Counsel dated the date of authentication
of such Series of Bonds to the effect that (a) .the Issuer has the right and
power to authorize the execution and delivery of this Indenture and such
Series of Bonds and such execution and delivery has been duly authorized,
(b) this Indenture has been duly executed and delivered by the Issuer and
is the valid and binding agreement of the Issuer enforceable in accordance
with its terms; (c) this Indenture creates the valid pledge which it purports
to create of the Net Revenues; and (d) such Series of Bonds have been
duly executed and delivered to the Trustee by the Issuer and, upon
•authentication thereof by the Trustee pursuant hereto and delivery thereof
by the Trustee pursuant to the request referred to in Subparagraph (iii),
will be valid and binding obligations of the issuer, entitled to the benefits .
and security hereof.
Section 2.5. Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond
is mutilated,. Jost, stolen or destroyed, the Issuer may execute and the Trustee may
authenticate a new Bond of like date, series, maturity and denomination as that mutilated,
lost, stolen or destroyed; provided that, in the case of any mutilated Bond, such mutilated
Bond shall first be surrendered to the Trustee, and in the case of any lost, stolen or
destroyed Bond, there shall be first furnished to the Trustee evidence of such loss, theft
or destruction satisfactory to the Trustee, together in all cases with indemnity satisfactory
to the Trustee and the Issuer. In the event any such Bond shall have matured, insiead
of issuing a duplicate Bond, the Trustee may pay the same without surrender thereof
upon compliance with the foregoing. The Trustee may charge the Registered Owner of
such Bond with its reasonable fees and expenses in this connection. Any Bond issued
pursuant to this Section shall be deemed part of the Series of the Bonds in respect of
which it was issued and an original additional contractual obligation of the Issuer.
Section 2.6. Registration of Bonds: Persons Treated as Owners. The Issuer
shall cause the books for the registration and for the transfer of the Bonds as provided
herein to be kept by the Trustee which is hereby constituted and appointed the Registrar
of the Issuer with respect to the Bonds, provided, however, that the Issuer may by
Supplemental Indenture select a party other than the Trustee to act as Registrar with
respect to the Series of Bonds issued under said Supplemental Indenture. Any Bond
may, in accordance with its terms, be transferred oruy upon the registration books kept
by the Registrar, by the person in whose name it is registered, in person or by his duly
authorized attorney, upon surrender of such Bond for cancellation, accompanied by
delivery of a written instrument of transfer in a form approved by the Registrar, duly
executed .. No transfer shall be effective until entered on the registration books kept by
the Registrar. Upon surrender for transfer of any Bond at the principal corporate trust
office of the Trustee, duly endorsed by, or accompanied by a written instrument or

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instruments of transfer in form satisfactory to the Trustee and duly executed by, the
Registered Owner or his attorney duly authorized in writing, the Issuer shall execute and
the Trustee shall authenticate and deliver in the name of the transferee or transferees, a
new Bond or Bonds of the same Series and the same maturity for a like aggregate
principal amount as the Bond surrendered for transfer. Bonds may be exchanged at the
principal corporate trust office of the Trustee for a like aggregate principal amount of
Bonds of other authorized denominations of the same Series and the same maturity. The
execution by the Issuer of any Bond of any authorized denomination shall constitute full
and due authorization of such denomination, and the Trustee shall thereby be authorized
to authenticate and deliver such Bond. The Issuer and the Trustee shall not be required
to transfer or exchange any Bond (i) during the period from and including any Regular
Record Date, to and including the next succeeding Interest Payment Date, (ii) during the
period from and including the day fifteen days prior to any Special Record Date, to and
including the date of the proposed payment penaining thereto, (iii) during the period
from and including the day fifteen days prior to the mailing of notice calling any Bonds
for redemption, to and including the date of such mailing, or (iv) at any time following •
the mailing of notice calling such Bond for redemption.
The Issuer, the Registrar and the Paying Agent may treat and consider the·person
in whose name each Bond is registered on the registration books kept by the Registrar
as the holder and absolute owner thereof for the purpose of receiving payment of, or on
account of, the principal or redemption price thereof and interest due thereon and for all
other purposes whatsoever, and neither the Issuer, nor the Registrar nor the Paying
Agent shall be affected by any notice to the contrary. Payment of or on account of either.
principal of or interest on any Bond shall be made only to or upon order of the
Registered Owner thereof or such person's legal representative, but such registration may
be changed as hereinabove provided. All such payments shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or sums so
paid.
The Trustee shall require the payment by the Bondholder requesting exchange or
transfer of Bonds of any tax or other governmental charge and by the Issuer of any
service charge of the Trustee as Registrar which are required to be paid with respect to
such exchange or transfer and such charges shall be paid before such new Bond shall be
delivered.
Section 2. 7. Redemption Provisions. The Tenn Bonds of each Series of Bonds
shall be subject, to the extent provided in the Supplemental Indenture authorizing each
such Series of Bonds, to redemption prior to maturity by operation of Sinking Fund
Installments required to be made to the Sinking Fund Account. The Bonds of each Series
shall further be subject to redemption prior to maturity at the option of the Issuer at such
times and upon such terms as shall be fixed by such Supplemental Indenture. If Jess than
all of the Bonds of any one maturity of a Series shall be called for redemption, the
particular units of Bonds, as determined in accordance with Section 2.9 herein, to be
redeemed shall be selected by the Trustee by Jot in such manner as the Trustee, in its

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. 12JOSl97

discretion, may deem proper in order to assure each Registered Owner of Bonds of such
Series or maturity a fair opportunity to have their Bond or Bonds or portions thereof
selected.
Section 2.8.

Notice of Redemption.

(a)
In the event any of the Bonds are to be redeemed, the Registrar
shall cause notice to be given as provided in this Section 2.8. Unless otherwise
specified in the Supplemental Indenture authorizing the issuance of the applicable
Series of Bonds, notice of such redemption (i) shall be filed with the paying agent
designated for the Bonds being redeemed; and (ii) shall be mailed by first class
mail, postage prepaid, to all Registered Owners of Bonds to be redeemed at their
addresses as they appear on the registration books of the Registrar at least thirty
(30) days but not more than sixty (60) days prior to the date fixed for redemption.
Such notice shall state the following information:
(i)
the complete official name of the Bonds, including Series,·
to be redeemed, the identification numbers of Bonds and the CUSIP
numbers, if any, of the Bonds being redeemed, provided that any such
notice shall state that no representation is made as to the correctness of
CUSIP numbers either as printed on such Bonds or as contained in the
notice of redemption and that reliance may be placed only on the
identification numbers contained in the notice or printed on such Bonds;
any other descriptive information needed to identify
accurately the Bonds being redeemed, including, but not limited to, the·
Original Issue Date of, and interest rate on, such Bonds;
(ii)

(iii)
in the case of partial redemption of any Bonds, the
respective principal amounts thereof to be redeemed; .

(iv)
the date of mailing of redemption notices and the
redemption date;
(v)

the redemption price;

(vi)
that on the redemption date the redemption price will
become due and payable upon each such Bond or portion thereof called
for redemption, and that interest thereon shall cease to accrue from and
after said date; and
•
•
•(vii) the place where such Bonds are to be surrendered for
payment of the redemption price, designating the name and address of the
redemption agent with the name of a contact person and telephone
number.
•

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In addition to the foregoing, further notice of any redemption of
Bonds hereunder shall be given by the Trustee, at least two (2) Business Days in
advance of the mailed notice to Registered Owners, by registered or certified mail
or overnight delivery service, to all registered securities depositories then in the
business of holding substantial amounts (as reasonably determined by the Trustee)
of obligations of types comprising the Bonds and to at least two national
information services that disseminate notices of redemption of obligations such
as the Bonds. Such further notice shall contain the information required in
clause (a) above. Failure to give all or any portion of such further notice shall
not in any manner defeat the effectiveness of a call for redemption.
(b)

(c)
Upon the payment of the redemption price of Bonds being
redeemed, each check or other transfer of funds issued for such purpose shall
bear the CUSIP number identifying, by issue and maturity, the Bonds being
redeemed with the proceeds of such check or other transfer.
(d)
If at the time of mailing of any notice of redemption there shall not
be on deposit with the Trustee moneys sufficient to redeem all the Bonds called
for redemption, such notice shall state that such redemption is subject to the
deposit of the redemption moneys with the Trustee not later than the opening of
business five days prior to the redemption date and that such notice shall be of
no effect unless such moneys are so deposited.
(e)
A second notice of redemption shall be given, not later than ninety
(90) days subsequent to the redemption date, to Registered Owners of Bonds or
portions thereof redeemed but who failed to deliver Bonds for redemption prior
to the 60th day following such redemption date. Any notice mailed shall be
conclusively presumed to have been duly given, whether or not the owner of such
Bonds receives the notice. Receipt of such notice shall not be a condition
precedent to such redemption, and failure so to receive any such notice by any
of such registered Owners shall not affect the validity of the proceedings for the
redemption of the Bonds.
(f)
In case any Bond is to be redeemed in part only, the notice of
redemption which relates to such Bond shall state also that on or after the
redemption date, upon surrender of such Bond, a new Bond in principal amount
equal to the unredeemed portion of such Bond will be issued.

Section 2.9. Partially Redeemed Fully Registered Bonds. Unless otherwise
specified in the Supplemental Indenture authorizing the issuance of the applicable Series
of Bonds, in case any registered Bond shall be redeemed in part only, upon the
presentation of such Bond for such partial redemption, the Issuer shall execute and the
Trustee shall authenticate and shall deliver or cause to be delivered to or upon the written
order of the Registered Owner thereof, al the expense of the Issuer, a Bond or Bonds of
the same Series, interest rate and maturity, in aggregate principal amount equal to the

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12/05/97

unredeemed portion of such registered Bond.
Unless otherwise provided by
Supplemental Indenture, a portion of any Bond of a denomination of more than $5,000
to be redeemed will be in the principal amount of $5,000 or an integral multiple thereof
and in selecting portions of such Bonds for redemption, the Trustee will treat each such
Bond as representing that number of Bonds of $5,000 denomination which is obtained
by dividing the principal amount of such Bonds by $5,000.
Section 2.10. Cancellation. All Bonds which have been surrendered for payment,
redemption or exchange, and Bonds purchased from any moneys held by the Trustee
hereunder or surrendered to the Trustee by the Issuer, shall be cancelled and cremated
or otherwise destroyed by the Trustee and shall not be reissued, and a counterpart of the
certificate of cremation or other destruction certificate evidencing such cremation or other
destruction shall ·be furnished by the Trustee to the Issuer; provided, however, that one
or more new Borids shall be issued for the unredeemed portion of any Bond without
charge to the Registered Owner thereof.
Unless otherwise provided by
Section 2.11. Nonpresentation of Bonds.
Supplemental Indenture, in the event any Bond shall not be presented for payment when
the principal thereof becomes due, either at maturity or otherwise, or at the date fixed
for redemption thereof, if funds sufficient to pay such Bond shall have been made
available to the Trustee, all liability of the Issuer to the Registered Owner thereof for the
payment of such Bond shall forthwith cease, determine and be completely discharged,
and thereupon it shall be the duty of the Trustee to hold such fund or funds, without
liability to the Registered Owner of such Bond for interest thereon, for the benefit of the
Registered Owner of such Bond who shall thereafter be restricted exclusively to such
fund or funds for any claim of whatever nature on his part hereunder or ori, cir with
respect to, said Bond. If any Bond shall not be presented for payment within six years
following the date when such Bond becomes due, whether by maturity or otherwise, the.
Trustee shall, to the extent permitted by law, repay to the Issuer the funds theretofore
held by it for payment of such Bond, and such Bond shall, subject to the. defense of any
applicable statute of limitation, thereafter be an unsecured obligation of the Issuer, and
the Registered Owner thereof shall be entitled to look only to the Issuer for payment, and
then only to the extent of the amount so repaid, and the Issuer shall not be liable for any
interest thereon and shall not be regarded as a trustee of such money. The provisions
of. this Section are subject to the provisions of Title 78, Chapter 44, Utah . Code
Annotated 1953, as amended.
Section 2.12. Initial Bonds. Subject to the provisions hereof, the Initial Bonds
may be authenticated and delivered by the Trustee upon satisfaction of $e conditions
specified in Section 2.4(c) hereof and any additional conditions specified in the
Supplemental Indenture authorizing such Series of Bonds.
Section 2.13. Issuance of Additional Bonds. No additional indebtedness; bonds
or notes of the Issuer payable on a priority to the pledge of Net Revenues for the
payment of the Bonds herein authorized shall be created or incurred without the prior

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written consent of the Owners of 100% of the Outstanding Bonds. In addition, no
Additional Bonds or other indebtedness, bonds or notes of the Issuer payable on a parity
with the Bonds herein authorized out of Net Revenues shall be created or incurred, unless
the following requirements have been met:
(a)
The Net Revenues of the System for any Year within the 24-month
period immediately preceding the authentication and delivery of the Additional
Bonds were at least 120% of the total principal, premium, if any. and interest
payments for said Year on all of the Bonds which were then Outstanding, all as
verified by an independent accountant in a certification delivered to the Trustee.
(b)
In the case of Additional Bonds issued for the purposes set forth
in (e)(ii) below, the Issuer shall have delivered to the Trustee a certificate from
a Qualified Engineer:

(1)
setting forth the Estimated Net Revenues as herein
described (assuming, if applicable, the completion of any additions,
improvements, extensions, replacements or • repairs to the System
(collectively, the "Improvements") financed with proceeds of the
Additional Bonds) either:
(i)
for each of the two Bond Fund Years succeeding the
latest estimated date of completion of the Improvements, if
proceeds of the Additional Bonds are used to fund interest during
the construction period, or •
(ii)
if (i) is not the case, for the then current Bond Fund
Year and each succeeding Bond Fund Year to and including the
second Bond Fund Year succeeding the latest estimated date of
completion of the Improvements; and

(2)
verifying that the Estimated Net Revenues as shown in (1)
above for each of such Bond Fund Years are not less than 120% of the
Aggregate Annual Debt Service Requirement for each of such Bond Fund
Years with respect to all of the Bonds and Additional Bonds which would
then be Outstanding (after taking into account any principal reductions
resulting from regularly scheduled principal or sinking fund redemption
payments) and the Additional Bonds so proposed to be issued.
For purposes of this subsection (b), "Estimated Net Revenues" shall be
determined by the Qualified Engineer as follows:
(A)
The total Net Revenues of the System for the most recent
Year immediately preceding the authentication and delivery of the
Additional Bonds in which such information is available to the Issuer shall

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be first be determined. For purposes of these calculations, Revenues may
be adjusted to give full effect to rate increases implemented prior to the
issuance of the Additional Bonds.
Next, the additional Net Revenues, if any, resulting from
the Improvements financed with the proceeds of the Additional Bonds will
be estimated by the Qualified Engineer for the applicable Bond Fund
Years as determined in (b)(l)(i) or (ii) above.
(B)

(C)
The Estimated Net Revenues will be the sum of the Net
Revenues as calculated in (A) above, plus 80% of the estimated additional
Net Revenues as calculated in (B) above.
•(c)
All payments required by this Indenture to be made into the Bond
Fund must have been made in full, and there must be in the Debt Service Reserve
Fund the full amount required by this Indenture. to be accumulated therein at such
time.
•
(d)
The proceedings authorizing the Additional Bonds must raise the
amount to which the Debt Service Reserve Fund shall be accumulated to an
amount no less than the Debt Service Reserve Requirement of all Bonds then
outstanding (excluding Bonds which are to be refunded with the proceeds of the
Additional Bonds), including the Additional Bonds.
(e)
The proceeds of the Additional Bonds must be used (i) to refund
Bonds issued hereunder or other obligations of the Issuer (including the funding
of necessary reserves and the payment of costs of issuance) or (ii) to make
additions, improvements, extensions, replacements or repairs to the System
(including the funding of necessary reserves and the payment of costs of
issuance).
No Event of Default shall have occurred and be continuing
hereunder. This paragraph (t) shall not preclude the issuance of Additional Bonds
if (i) the issuance of such Additional Bonds otherwise 1:omplies with the
provisions hereof and (ii) such Event of Default will cease to continue upon the
issuance of the Additional Bonds and the application of the proceeds thereof.
(t)

Section 2.14. Temporary Bonds.
(a)
Until the definitive Bonds of any Series are prepared, the Issuer
may execute, in the same manner as is provided in Section 2:3 hereof, and upon
the request of the Issuer, the Trustee shall authenticate and deliver, in lieu of
definitive Bonds, but subject to the same provisions, limitations and conditions
as the definitive Bonds except as. to the denominations thereof, one or more
temporary Bonds substantially of the tenor of the definitive Bonds in lieu of which

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such temporary Bond or Bonds are issued, in denominations authorized by the
Issuer, and with such omissions, insertions and variations not inconsistent with
this Indenture as may,be appropriate to temporary Bonds. The Issuer at its own
expense shall prepare and execute and, upon the surrender of such temporary.
Bonds, for exchange and the cancellation of such surrendered temporary Bonds,
the Trustee shall authenticate and, without charge to the Registered Owner
thereof, deliver in exchange therefor, definitive Bonds, of the same aggregate
principal amount, Series and maturity as the temporary Bonds surrendered. Until
so exchanged, the temporary Bonds shall in all respects be entitled to the same
benefits and security as definitive Bonds authenticated and issued pursuant hereto.
(b)
If the Issuer shall authorize the issuance of temporary Bonds in
more than one denomination, the Registered Owner of any temporary Bond or
Bonds may, at his option, surrender the same to the Trustee in exchange for
another temporary Bond or Bonds of like aggregate principal amount, series and
maturity of any other authorized denomination or denominations, and thereupon
the Issuer shall execute and the Trustee shall authenticate and, in exchange for the
temporary Bond or Bonds so surrendered, shall deliver a temporary Bond or
Bonds of like aggregate principal amount, series and maturity in such other
authorized denomination or denominations as shall be requested by such
Registered Owner.

(c).
All temporary Bonds surrendered in exchange either for another
temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith
cancelled by the Trustee. •
•
Section 2.15. Form of Bonds. For each Series of Bonds, the text of such Bonds,
the Trustee's Authentication Certificate shall be in substantially the forms thereof set
forth in the Supplemental Indenture authorizing the issuance of such Bonds, with such
omissions, insertions and variations not inconsistent with the terms hereof as may be
necessary, desirable, authorized and permitted hereby.
Section 2.16. Covenant Against Creating or Permitting Liens. •Except for the
• pledge of Net Revenues to secure paymem·of the Bonds hereunder, the Net Revenues are
and will be free and clear of any pledge, lien, charge or encumbrance thereon or with
respect thereto; provided, however, that nothing contained herein shall prevent the Issuer
from issuing, if and to the extent permitted by law, indebtedness having a lien on Net
Revenues subordinated to that of the Bonds.

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12105197

ARTICLE ill
CREATION OF FUNDS AND ACCOUNTS
Section 3.1. Creation of Construction Fund. There is hereby created and
ordered established in the custody of the Trustee a special trust fund in the name of the
Issuer to be designated "Tooele City, Tooele County, Utah Revenue Construction Fund".
There is hereby created and ordered established in the custody of the Trustee a separate
account within the Construction Fund for each Project to be designated by the name of
the applicable Project and, if applicable, a separate account for each Series of Bonds and
for all grant moneys to be received by the Issuer for deposit in the Construction Fund.
(Said Construction Fund and applicable accounts thereunder are herein defined as the
"Construction Fund".)
Section 3.2. Creation of Revenue Fund. There is hereby created and ordered
established with the Issuer a revenue fund in the· name of the Issuer to be designated
"Tooele City, Tooele County, Utah Revenue Fund" (herein defined as the "Revenue
Fund"). For accounting purposes, the Revenue Fund may be redesignated by different
account names by the Issuer from time to time.
Section 3.3. Creation of Bond Fund. There is hereby created and ordered
established in the custody of the Trustee a special trust fund in the name of the Issuer to
be designated "Tooele City, Tooele County, Utah Sewer Revenue Bond Fund" (herein
defined as the "Bond Fund").
Section 3.4. Creation of Sinking Fund Account. There is hereby created and
ordered established mthe custody of the Trustee as a separate account within the Bond
Fund a special trust fund in the name of the Issuer to be designated "Tooele City, Tooele
County, Utah Si~ing Fund Account" (herein defined as the "Sinking Fund Account").
Section 3.5. Creation of Debt Service Reserve Fund. There is hereby created
and ordered established in the custody of the Trustee a special trust fund in the name of
the Issuer to be designated "Tooele City, Tooele County, Utah Revenue Debt Service
Reserve Fund" (herein defined as the "Debt Service Reserve Fund"). There is hereby
created and ordered established in the custody of the Trustee a separate account within
the Debt Service Reserve Fund for each Series of Bonds.
Section 3 .6. Creation of Reserve Instrument Fund. There is hereby created and
ordered established in the custody of the Trustee a special trust fund in the name of the
Issuer to be designated "Tooele City, Tooele County, Utah Revenue Reserve Instrument
Fund" (herein defined as the "Reserve Instrument Fund").
Section 3. 7. Creation of Repair and Replacement Fund. There is hereby created
and ordered established in the custody of the Trustee a special fund in the name of the

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1'2105/97

Issuer to be designated "Tooele City, Tooele County, Utah Repair and Replacement
Fund" (herein defined as the "Repair and Replacement Fund").
Section 3.8. Creation of Rebate Fund. There is hereby created and ordered
established in the custody of the Trustee a special trust fund in the name of the Issuer to
be designated "Tooele City, Tooele County, Utah Rebate Fund" (herein defined as the
"Rebate Fund").

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ARTICLE IV
APPLICATION OF BOND PROCEEDS AND OTHER MONEYS
Unless otherwise specified in the Supplemental Indenture authorizing the issuance
of the applicable Series of Bonds, the proceeds, including accrued interest and premium,
if any, received from the sale of each Series of Bonds, shall be applied by the Issuer
simultaneously with the delivery of such Bonds by the Trustee to the purchaser thereof,
as follows:
(a)

The accrued interest, if any, shall be deposited in the Bond Fund;

(b)
With respect to Additional Bonds, the amount, if any, specified in
the Supplemental Indenture authorizing the issuance of such Bonds to be deposited
into the Bond Fund;
(c)
The amount, if any, required to make the amount in the Debt
Service Reserve .Fund after such deposit equal to the Debt Service Reserve
Requirement, Jess the Reserve Instrument Coverage of all Reserve Instruments
which are then in effect, shall be deposited into the Debt Service Reserve Fund;
(d) . The balance of the moneys remaining after making all the deposits
and payments provided for in Paragraphs (a) through (c), inclusive, shall be paid
into the appropriate account in the Construction Fund.

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ARTICLE V
USE OF FUNDS
Section 5.1.

Use of Construction Fund.

So long as an Event of Default shall not have occurred and be
(a)
continuing, moneys deposited in the appropriate account in the Construction Fund
shall be paid out by the Trustee in order to pay the COst of a Project, in each case
within three business days (or within such longer period as is reasonably required
to liquidate investments in the Construction Fund if required to make such
payment) after the receipt by the Trustee of a written requisition in substantially
the form as Exhibit "A" attached hereto, stating the following:
(i)
that the Trustee shall disburse sums in the manner specified
by and at the direction of the Issuer to the person or entity designated in
such written requisition, and that the amount set forth therein is justly due
and owing and constitutes a Cost of a Project· based upon audited,
itemized claims substantiated in support thereof;
that the amount remaining in the applicable account in the
Construction Fund after such disbursement is made, together with the
amount of unencumbered Net Revenues, if any, which the Issuer
reasonably estimates will be deposited in the applicable account in the
Construction Fund during the period of construction of a Project from the
investment of moneys on deposit in the applicable account in the
Construction Fund, will, together with any other moneys lawfully
available for payment of the Cost of a Project and after payment of the
amount requested in said requisition, be sufficient to pay the Cost of
Completion for a Project in accordance with the plans and specifications
therefor then in effect; it being understood that no moneys from the
applicable account in the Construction Fund may be expended unless, after
giving effect thereto, the funds remaining in ·the applicable account in the
Construction Fund, together with such other funds and income and
lawfully available monies, are sufficient to pay the Cost of Complelil)n for
a Project.
(ii)

Upon receipt of such requisition, the Trustee shall pay the
obligation set forth in such requisition out of moneys in the applicable account in
the Construction Fund. In making such payments the Trustee may rely upon such
requisition.
(b)

(c)
The Issuer shall deliver to the Trustee, within 90 days after the
completion of a Project, a certificate stating:

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(i)
that such Project has been fully completed in accordance
with the plans and specifications therefor, as amended from time to time,
and stating the date of completion for such Project; and
(ii)
that the Issuer is of the opinion that such Project has been
fully paid for and no claim or claims exist against the Issuer or against
such Project out of which a lien based on furnishing labor or material
exists or might ripen; provided, however, there may be excepted from the
foregoing statement any claim or claims out of which a lien exists or
might ripen in the event that the Issuer intends to contest such claim or
claims, in which event such claim or cl