An unprecedented action taken by the Utah Legislature has many residents and officials in the Park City area rallying in support of local control.
Senate Bill 84, which was approved by the state Senate last Thursday and may force Summit County to approve the proposed Dakota Pacific Real Estate project at the Park City Tech Center, is the first time the Legislature has “spot zoned a specific property to benefit and enrich a specific developer,” according to a county staff report.
Its passage led to outcries of corruption from County Courthouse officials and community members as well as calls for Gov. Spencer Cox to veto the bill. However, there are enough votes in the Legislature to override the governor’s decision. The legislation would also become law without Cox’s signature. A bill takes effect 60 days following adjournment unless otherwise specified.
“Unfortunately, in 2022 and again this year, John Miller [the founder of the development firm] and Dakota Pacific have worked the back halls of the Utah State Capitol in an attempt to force Summit County to approve their project,” the Friends for Responsible Development for Greater Park City said in a statement. “The Utah State Legislature – in a move that is 100% corrupt and beyond egregious – seized Summit County’s land use authority when it approved SB 84. The legislation is specifically targeted to enrich one developer, Dakota Pacific, at the expense of our community.”
The Summit County Council initially planned to host a public hearing at its Wednesday meeting to discuss the amendments proposed to the 2008 Summit Research Park development agreement. It was later changed to a work session to give county councilors the chance to better understand how the legislation would impact the county.
Rep. Casey Snider, a Republican serving Cache County, introduced House Bill 446 early last week, which would have amended Housing and Transit Reinvestment zones and granted Dakota Pacific development rights regardless of county approval. The bill was later adopted as a late substitute to S.B. 84, sponsored by Sen. Wayne Harper, a Republican representing Salt Lake County.
Deputy County Manager Janna Young, who heads the county’s legislative team, wrote in a staff report that Dakota Pacific authored the bill to ensure the project density at the proposed site in Kimball Junction. County staffers also criticized the legislation for interfering with an existing contract, which limits what can be built at the site to mostly tech-related office buildings.
The developer’s original plan in 2021 called for 1,100 residential units as well as commercial space, but it was scaled back to 727 units late last year following intense public opposition. The County Council received a formal update from Dakota Pacific earlier this month in which members expressed there was still more work to be done.
The bill also disqualified the moderate-income housing plan submitted by Summit County, which means the County Courthouse is no longer eligible for Transportation Investment Fund & Planning dollars for transportation and transit infrastructure, according to Young. The Utah Transportation Commission in the spring awarded High Valley Transit more than $30 million from the fund for the bus rapid transit project along S.R. 224.
“Counties across the state, and Summit County in particular, are extremely concerned about this overreach by the Legislature and the precedent this action sets for future actions taken by local governmental entities that should be local decisions,” the staff report said.
Dakota Pacific in a prepared statement last week said it supported the legislation to “encourage compliance by local governments, including Summit County, and to expedite the development of urgently needed affordable housing near major transportation hubs like Kimball Junction.”
Although people won’t be able to comment during Wednesday’s meeting, Friends for Responsible Development encouraged them to attend. Eric Moxham, a founding member of the opposition group, said they planned to email a distribution list of 2,500 people Tuesday afternoon with the meeting details. A petition called “Stop Dakota Pacific (Again)!” created by the group on Friday has received nearly 1,200 signatures in four days.
The community is also invited to attend public hearings scheduled for 5 p.m. on March 1 and 8 at Ecker Hill Middle School to speak out against the development project. Moxham asked people to wear red and said the Friends will likely host rallies before the meetings next month, weather permitting.
“This project remains a terrible assault on our community and quality of life. Despite the unprecedented overreach of the Utah State Legislature, the Summit County Council has NO obligation to approve Dakota Pacific’s requested land use change,” the group said in a statement.
Moxham encouraged residents to contact their elected officials, including the governor, to voice their concerns. The County Council is expected to vote on the development agreement amendments during its March 15 meeting. No public comment will be taken.