Monday Report - Who's Really the "Other Downtown"? October 8th, 2007

Utah Impact Fees - The Equitable and Reasonable Standard

International Notes:

This Weeks Leads



Where is "Downtown" II?

Where is the "Commercial Heart" of Utah?

Downtown (also called a "central business district" in British English) is a term used in North America when referring to an inner city, usually both in a geographical and commercial / community sense.

A Central business district (CBD) (also called 'Downtown' in American English) is the commercial and often geographic heart of a city.

Who has the most traffic?

Commercial Center Traffic, 2006

RankCity LocationTraffic (ADT)
1Cottonwood Heights10th East & 7200 South58,995
2OremState St & 8th North49,895
3TaylorsvilleState St & 8th North49,895
4St GeorgeSanta Clara & Ut1845,115
5Sandy106th South & State St44,730
6West Valley City33 rd South & 3200 West40,625
7RoyState St & 5500 South39,865
8LoganMain & Ut8939,770
9MurrayState St & 6400 South36,825
10Clearfield Syracuse & Main35,580
11Midvale7200 South 300 West35,075
12Pleasant GroveState St & Pleasant Grove Blvd35,075
13ProvoCanyon Road & 12th North35,015
14HolladayHighland Drive & 4800 South32,485
15TooeleMain & Ut11231,985
16Ogden24th Street & Washington31,680
17Cedar CityUT 130 & Ut1429,980
18Unincorp SL CountyState Street & 2100 South29,700
19American ForkState Street & Main29,290
20South Jordan104th South & 1300 West29,605
21Draper123rd South & 5th East28,990
22Spanish ForkState Street & 1600 South28,930
23Salt Lake CityMain Street & 4th South26,800
24LehiMain Street & Ut7326,660
25West Jordan8000 South & Redwood25,765
26Bountiful500 South & Main Street24,575
27Riverton123rd South & Redwood Road24,155
28SpringvilleState Street & 400 North22,600
29Layton State Street & Gentile20,835
30KaysvilleState Street & 200 North16,080


  1. Source: UDOT ADT 2006
  2. Roads selected to be at or near a "City Center"

Economic Notes:

  • International Business Confidence
  • Global business confidence sagged again last week, despite the Federal Reserve's aggressive cut in interest rates. Sentiment fell to a new record low in the U.S. where it is now consistent with a contracting economy. Sales notably weakened last week and assessments of present conditions and expectations regarding the six-month outlook are very negative. It is encouraging that while investment and hiring intentions have also slipped, they have held up much better. Sentiment in Asia and South America is also weathering the financial storm reasonably well.
  • The Conference Board Consumer Confidence
  • The Conference Board index of consumer confidence fell in September to 99.8 from an upwardly revised 105.6 in August (previously 105.0). This put the index at its lowest level since November 2005. The decline was led by the present situation component, although expectations also dropped. Assessments of labor market conditions weakened.
  • GDP
  • GDP growth in the second quarter saw a slight downward revision, to 3.8% (SAAR) from 4.0% in the preliminary report. This was slightly below the consensus estimate of 3.9%. The small downward revision was due to a slight upward revision to imports and a downward revision to nonresidential structures. These were partially offset by an upward revision to investment in equipment and software. GDP growth in the second quarter was strong, but near-term growth will be much weaker.
  • Durable Goods (Advance)
  • Durable goods orders fell 4.9% in August after rising 6.1% in July. Shipments were down over the month as well, falling 1.6%. The topline orders number was dragged down by a large drop in civilian aircraft orders in August, although core capital goods fell 0.7% over the month. Underlying detail in the report was fairly weak as most component industries saw a contraction in orders over the month. Shipments were mixed
  • Agricultural Prices
  • The preliminary All Farm Products Index of Prices Received by Farmers rose 1.4% in September, taking back August's decline. The aggregate price increase is not surprising given recent indications of bullish developments around the world and domestically, both on supplies and demand of various ag products. For the month, prices advanced for wheat, lettuce, eggs and cattle. Corn, hogs, strawberries and onions fetched lower prices. More recent developments suggest that corn prices will increase in the short term. Farmers also paid more for factors of production. Prices paid increased 0.6% this past month with nitrogen fertilizers, diesel fuel and feeder cattle gaining while complete feeds, feeder pigs and feed grains were less expensive.
  • MBA Mortgage Applications Survey
  • Mortgage demand decreased 2.8% in the week ending September 21. Purchase applications decreased 7.3% and refinance applications increased 3.3%. The increase in 30-year rates dampened purchase applications, as buyers wait for the Fed interest rate cuts to pass through to fixed rate mortgages.
  • S&P/Case-Shiller Monthly Home Price Indexes
  • The 10-metro house price index decreased 4.5% year-to-year in July. The 20-metro index decreased 3.9%. The average rate of monthly price declines is increasing, as tightened lending standards and a weakening economy suggest the housing slump will last well into 2008.
  • Existing Home Sales
  • Weakness permeates the housing market, with sales of existing homes down by 4.3% in August from the previous month. The 5.5 million annualized units sold are about on par with expectations. Further adding to the gloom, the months of homes available for sale increased to 10. The median house price is about flat from a year ago; however, that stability is misleading as the data are being skewed by shifts in the mix of homes sold.
  • New Home Sales (C25)
  • August new home sales data reflect the heightening in the mortgage market's problems that occurred late in the summer. New home sales fell a large 8% below July's reading to stand at 795,000 annualized units, below already weak expectations. This is the slowest pace of sales since December 1997. Further, July sales data were revised downward slightly. Months of supply moved up to 8.2, while the median sales price declined by 8% from one year ago.
  • Chain Store Sales
  • Chain store sales disappointed, falling 1.0% in the week ending September 22. This marked the first pair of consecutive declines of greater than 1% since 2004 and took the sales index to its lowest level of the year. Year-over-year growth dipped to 2.4%, its lowest level in three weeks.
  • Jobless Claims
  • Initial jobless claims decreased by 15,000 to 298,000, well below expectations for a slight gain.
  • Oil and Gas Inventories
  • Crude oil inventories unexpectedly rose by 1.8 million barrels for the week ending September 21, according to the Energy Information Administration, above expectations of a 2.4 million barrel draw. Distillate supplies rose by 1.6 million barrels, beating expectations of a 1.3 million barrel increase. Gasoline inventories rose modestly by 0.6 million barrels, beating expectations. Refinery activity dropped sharply below expectations, falling from 89.6% to 86.9%, below expectations. This report is bearish.
  • Weekly Natural Gas Storage Report
  • Underground storage of natural gas increased by 74 billion cubic feet during the week ending September 21. This figure was directly in line with expectations. Inventories currently stand 8% above the five-year average. This report will have a slightly bearish influence on prices.

Source: Economy.com, Financial Times 2007


  • Other Downtown II?
  • Who has the most traffic?
  • Are Your Impact Fees Legal?
  • Economic notes
  • This weeks leads

Bob Springmeyer

Bonneville Research

  • Utah Impact Fees - The Equitable and Reasonable Standard
  • Do your Impact Fees meet the following legal standard?

      Over the past several weeks we reported on a national study of municipal impact fees.

      The following is from the Utah Supreme Court Opinion which establishes the "Equitable and Reasonable" Standard all impact fees must meet.

      The Utah Supreme Court has held that fees designed to contribute to the capital costs of extending municipal services to new subdivisions have to be equitable, and reasonable, and must not require newly developed properties to bear more than their equitable share of the capital costs in relation to benefits conferred.

      Among the most important factors the municipality should consider in determining the relative burden already borne and yet to be borne by newly developed properties and other properties are the following . . . :

      (1) the cost of existing capital facilities;

      (2) the manner of financing existing capital facilities (such as user charges, special assessments, bonded indebtedness, general taxes, or federal grants);

      (3) the relative extent to which the newly developed properties and the other properties in the municipality have already contributed to the cost of existing capital facilities (by such means as user charges, special assessments, or payment from the proceeds of general taxes);

      (4) the relative extent to which the newly developed properties and the other properties in the municipality will contribute to the cost of existing capital facilities in the future;

      (5) the extent to which the newly developed properties are entitled to a credit because the municipality is requiring their developers or owners (by contractual arrangement or otherwise) to provide common facilities (inside or outside the proposed development) that have been provided by the municipality and financed through general taxation or other means (apart from user charges) in other parts of the municipality;

      (6) extraordinary costs, if any, in servicing the newly developed properties; and

      (7) the time-price differential inherent in fair comparisons of amounts paid at different times.

      Utah Supreme Court, Home Builders Association of Utah vs. City of American Fork, 1999

      Please call if you have any questions about whether your Impact Fees meet this standard, or if your Community Development and/or Business License Fees meet their legal standards.

  • International Notes:
    • Africa
    • The United States is banding all of its African military operations into a new, separate command called AFRICOM. While AFRICOM officially will help only states that request assistance and participate in counter-terrorism activities, a reorganized U.S. presence in Africa cannot help but attract attention -- and foes.
    • Russia
    • Russia is in the midst of a leadership transition, even as opportunities to expand its international influence are greater than ever. The only question is how Moscow will contain its internal chaos while still taking advantage of the United States' problems in Iraq. But then, that assumes that the chaos is not part of Moscow's plan.
    • Iraq
    • Gen. David Petraeus has made his recommendations to Congress on the conduct of the war, and the Bush administration has adopted them. There are now two theaters in this war: in Iraq, where jihadists will make every effort to disrupt the state, while the U.S. military attempts to carry out the same mission with fewer troops; and in Washington, where partisan politics will continue to create a battleground in the months leading up to the 2008 elections.
    • Pakistan
    • The government of Pakistani President Gen. Pervez Musharraf is failing - and thus exposing all the ethnic, linguistic, ideological and geographic splits in a nuclear-armed state that plays host to al Qaeda. The nature of the Pakistani government, as well as the entire Afghan front in the war on terrorism, hangs in the balance.
    • Source: Strategic Forecasting, 2007

  • This Weeks Leads
    • It's a Grind
    • It's a Grind operates 87 locations throughout AZ, CA, CO, FL, GA, MI, MO, NC, NV, PA, TN and TX.
    • The coffee shops occupy spaces of 1,400 sq.ft. to 1,800 sq.ft. in freestanding locations, power and strip centers.
    • Plans call for three to five openings throughout FL during the coming 18 months, with representation by The Rotella Group.
    • Typical leases run 10 years.
    • A vanilla shell and specific improvements are required.
    • Preferred cotenants include Publix, Target and Wal*Mart. Preferred demographics include a population of 25,000 within three miles earning $50,000 as the average household income.
    • Major competitors include Dunkin' Donuts and Starbucks.
      • For more information, contact
      • Bill Pace,
      • The Rotella Group,
      • 3300 North Federal Highway,
      • Fort Lauderdale, FL 33306;
      • 954-568- 9015,
      • Fax 954-568-9597;
      • Email: wrp@rotellagroup.com;
      • Web site: www.rotellagroup.com.
    • Max & Erma's Restaurants
    • Max & Erma's Restaurants, Inc. trades as Max & Erma's Restaurants at 100 locations throughout GA, IL, IN, KY, MI, MO, NC, OH, PA, VA, WI and WV.
    • The casual dining restaurants occupy spaces of 6,000 sq.ft. in freestanding locations, malls, lifestyle and power centers.
    • Growth opportunities are sought throughout Phoenix, AZ; FL, IN, Las Vegas, NV; OH, PA, SC and VA during the coming 18 months.
    • Preferred cotenants include The Cheesecake Factory, Gap and Target.
    • Preferred demographics include a population of 50,000 within three miles earning $55,000 as the average household income.
    • Major competitors include Bennigans, O'Charley's and TGI Friday's.
    • A land area of 1.75 acres is required.
      • Send site submittals to: contact
      • Phil Drake,
      • Max & Erma's Restaurants, Inc.,
      • 4849 Evanswood Drive,
      • Columbus, OH 43229;
      • Web site: www.max-ermas.com.
    • Le Gourmet Chef
    • The Kitchen Collection, Inc. trades as Le Gourmet Chef at 00 locations nationwide.
    • The stores, offering a variety of cookware, bakeware, small appliances, decorative wood, marble and ceramics, occupy spaces of 3,100 sq.ft. to 6,000 sq.ft. in outlet centers.
    • Growth opportunities are sought nationwide during the coming 18 months.
    • Typical leases run five years.
    • A vanilla shell and specific improvements are required.
    • The company also trades as Le Gourmet Chef at 77 locations nationwide.
    • The stores offering kitchen hardware and gourmet foods occupy spaces of 3,000 sq.ft. to 3,500 sq.ft. in freestanding locations, malls and outlet centers.
    • Growth opportunities are sought nationwide during the coming 18 months.
      • For more information, contact
      • Larry White,
      • The Kitchen Collection, Inc.,
      • 71 East Water Street,
      • Chillicothe, OH 45601;
      • Web site: www.legourmetchef.com.
    • Micro Center
    • Micro Electronics, Inc. trades as Micro Center.
    • The 20-unit chain operates locations throughout CA, CO, GA, IL, KS, MA, MI, MN, NY, OH, PA, TX and VA.
    • The stores, offering computers and related products, occupy spaces of 32,500 sq.ft. in freestanding locations, malls and strip centers.
    • Growth opportunities are sought throughout the existing markets, in addition to AZ, FL, IN, MD, MO, NJ, WA and Washington, DC during the coming 18 months.
    • A vanilla shell is required.
    • Preferred demographics include a population of 200,000 within five miles earning $75,000 as the average household income.
      • Send site submissions to:
      • Nancy Klemstine,
      • Micro Electronics, Inc.,
      • 4119 Leap Road, Hilliard, OH 43026;
      • Web site: www.microcenter.com
    • Apricot Lane
    • Country Visions trades as Apricot Lane.
    • The 24-unit chain operates locations throughout CA, FL, NY, OR, TX and WA.
    • The upscale gift shops occupy spaces of 1,200 sq.ft. to 2,000 sq.ft. in malls and lifestyle, power and strip centers in addition to urban/downtown areas.
    • Plans call for 20 openings nationwide during the coming 18 months.
    • Typical leases run five years with a five-year option.
    • A vanilla shell is required.
    • Send site submittals to:
      • Terry Odneal,
      • Country Visions,
      • 3333 Vaca Valley Parkway, Suite 900,
      • Vacaville, CA 95688;
      • Web site: www.apricotlanefranchise.com

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