The Summit County government asked a judge to dismiss a lawsuit filed last month over the recent approval of a series of amendments to the Utah Olympic Park development agreement, with county attorneys arguing that the matter is not eligible for review under state law.
The Sun Peak Homeowners Association sued Summit County in May, alleging the County Council violated the Snyderville Basin General Plan and other local guidelines by approving a development that did not provide a “public benefit.” Specifically, the Third District Court complaint focused on proposed affordable housing units that would only assist employees, coaches and athletes rather than the community at large, as well as claims that the Snyderville Basin and wildlife in the area would be negatively affected by an increase in traffic.
But the Summit County Attorney’s Office filed a motion to dismiss the case last week, saying the legal agreement is unique and “provides for uses, densities and configurations” that are not found elsewhere in the County Code. They argued that the original development agreement and the amended version passed earlier this year are exempt “from any conflicts” with the County Code or the Snyderville Basin General Plan as a result.
Specifically, county attorneys said the Utah Olympic Park agreement is a “land use regulation” under state law. Land use regulations are legislative decisions enacted by an ordinance, meaning they must be approved and adopted by the County Council and could include “the adoption or amendment” of zoning maps.
“Unlike an administrative land use decision, wherein a local government must simply apply the existing laws to a specific property … this is a case where local government created new laws and made broad policy determinations about the Utah Olympic Park,” the motion said.
The County Council took six months to approve the amended development agreement, scheduling multiple public hearings and negotiating with the Legacy Foundation to obtain more specifics on the project before issuing a decision, and county attorneys emphasized in court filings that the government followed the proper legislative process.
Specifically, the document mentioned public hearings at Snyderville Basin Planning Commission and County Council meetings and the adoption of an ordinance. The attorneys called development agreements “highly discretionary in nature” and said the County Council fulfilled its obligation to community members by negotiating with the Utah Olympic Legacy Foundation and considering public comments throughout the six-month process.
The motion also said the amendments should be considered a legislative action, not an administrative action, and that only administrative actions are eligible for review.
Administrative actions do not require an ordinance because the County Council applies existing zoning laws to a property. In contrast, legislative actions require the County Council to adopt an ordinance because councilors are technically creating a new set of laws that only apply to a specific property, such as the Utah Olympic Park.
“In not understanding the difference between a land use decision and a land use regulation, the (Sun Peak Homeowners Association) makes the County’s case for it,” the motion said.
The document concluded by requesting Third District Judge Richard Mrazik dismiss the case and award Summit County attorney fees. The Sun Peak Homeowners Association has not yet responded to the motion in court, and no hearings were scheduled as of Wednesday afternoon.
The original development agreement regulating the Utah Olympic Park parcel was created in 2011 and was intended to be revisited throughout the years as the Legacy Foundation refined its vision for the park. The agreement outlined allowable uses on the property, such as a hotel, employee and athlete lodging, maintenance facilities and ski runs.
The new agreement is similar to its previous iteration, but with specific plans outlining the hotel and lodging developments. Foundation staff said the amendments were to help the park narrow the scope of its project and construction as it prepares to build the proposed facilities this summer.
However, the Sun Peak Homeowners Association repeatedly expressed concerns about the park’s expansion, including possible disruptions to wildlife, increased traffic issues and the economic viability of the project. The group also pushed back against the Legacy Foundation’s decision to open the back gate to certain affordable housing occupants living on the park property, saying it would add to the number of cars in the Sun Peak neighborhood and potentially create an unsafe situation for pedestrians and residents.