sendbreakingemail Archives - Park Record https://parkrecord.newspackstaging.com/tag/sendbreakingemail/ Park City and Wasatch Back News Thu, 09 Jan 2025 17:23:48 +0000 en-US hourly 1 https://www.swiftcharge.net/wp-content/uploads/2024/03/cropped-park-record-favicon-32x32.png sendbreakingemail Archives - Park Record https://parkrecord.newspackstaging.com/tag/sendbreakingemail/ 32 32 235613583 Park City Mountain ski patrol returns to work https://www.swiftcharge.net/2025/01/09/park-city-ski-patrol-returns-to-work/ Thu, 09 Jan 2025 13:10:29 +0000 https://www.swiftcharge.net/?p=190041 极速168赛车官方网站图片

The Park City Professional Ski Patrol Association announced they will return to work Thursday following a 100% ratification vote on their new contract that will last through April 2027. 

The post Park City Mountain ski patrol returns to work appeared first on Park Record.

]]>
极速168赛车官方网站图片

The Park City Professional Ski Patrol Association announced they will return to work Thursday following a 100% ratification vote on their new contract that will last through April 2027. 

“This puts an end to this historic strike at the largest ski resort in the U.S.,” the union said on Wednesday. “Tomorrow … we are excited to return to work! This is more than just a win for our unit, it is a great success for everyone in the ski and mountain industry. This is a clear example of what can be achieved when workers stand together and fight for what we deserve.” 

Bill Rock, president of the mountain division at Vail Resorts, said that the agreement remains within the current wage structure across all of Vail Resorts patrol units. 

“Park City Mountain has reached an agreement with the Park City ski patrol union that is consistent with our company’s wage structure for all patrollers, non-unionized and unionized, while accounting for the unique terrain and avalanche complexity of Park City Mountain. We look forward to welcoming back the Park City Mountain patrollers in the coming days and moving forward together as one team,” said Rock. 

The union also expressed gratitude and appreciation for community support throughout the strike. 

“We are proud. We are grateful. We are united,” said the union.

The union said their new contract addresses the unit’s primary concerns, including:

  • Raising the floor: The starting wage for all entry-level patrollers and mountain safety personnel has been increased by $2 per hour, ensuring better compensation for new hires.
  • Addressing wage compression: Tenured patrollers, whose experience and skills are invaluable, will see substantial increases. The average wage increase across the unit is $4 per hour, with some of the most experienced roles, such as snow safety specialists, receiving an average increase of $7.75 per hour.
  • Improved benefits: The contract includes enhanced parental leave policies and industry-leading educational opportunities, reflecting the value of work-life balance and professional development.
  • Incentivized retention and career growth: Secured a restructured wage scale designed to encourage long-term career growth and ensure the retention of highly skilled patrollers.
  • Wage parity with non-unionized Vail Resorts.

“The union looks forward to fostering a productive and collaborative relationship with Park City Mountain and Vail Resorts in the future,” said union leaders on Wednesday.

Having addressed community concerns surrounding the work stoppage Monday, Mayor Nann Worel expressed hope and gratitude for the conclusion of the strike and the ratification of the latest contract on Wednesday.

“Today, we thank and applaud Vail Resorts and the Park City Professional Ski Patrol Association for their mutual commitment to addressing workers’ concerns and finding a solution that supports our local economy and resort operations. The council and I are relieved and grateful for the strike’s resolution. This challenging time has highlighted the power of civility and mutual respect in overcoming our issues. We recognize and appreciate the hard work of everyone involved, especially the local resort leadership team, in bringing this to a successful conclusion,” said Worel.

Rock announced the agreement in a long letter Wednesday night to Vail Resorts employees praising them all for their work during the holiday peak season across the company’s 42 ski resorts.

“I know it’s difficult to see conflict within our own team,” he wrote. “We remain committed to continually investing in the employee experience — not just for one team, but for all 55,000 employees who we are grateful to have at Vail Resorts.” 

This is a developing article. It will be updated.

The post Park City Mountain ski patrol returns to work appeared first on Park Record.

]]>
190041
Ski patrol strike ends https://www.swiftcharge.net/2025/01/08/ski-patrol-strike-ends/ Wed, 08 Jan 2025 15:12:58 +0000 https://www.swiftcharge.net/?p=189972 极速168赛车官方网站图片

Park City ski patrol strike ends following tentative contract agreement with Vail Resorts on Tuesday.

The post Ski patrol strike ends appeared first on Park Record.

]]>
极速168赛车官方网站图片

Park City Mountain announced Tuesday night that they reached an agreement with Park City Professional Ski Patrol Association on their renewed contract, ending the union’s strike that began on Dec. 27.

In a joint statement posted to the Park City Mountain Instagram, the resort announced that this contract will hold through April 2027, following ratification by the union to conclude on Wednesday.

“Park City Mountain and the Park City Professional Ski Patrol Association are pleased to announce that they have reached a tentative agreement through April 2027. The union’s bargaining committee is unanimously endorsing ratification by its unit with a vote scheduled to take place on Jan. 8. The tentative agreement addresses both parties’ interests and will end the current strike. Everyone looks forward to restoring normal resort operations and moving forward together as one team. Until contract ratification, neither party will be accepting media requests,” said the statement.

The post Ski patrol strike ends appeared first on Park Record.

]]>
189972
Summit County Council votes in favor of Dakota Pacific development https://www.swiftcharge.net/2024/12/18/summit-county-council-votes-in-favor-of-dakota-pacific-development/ Thu, 19 Dec 2024 01:12:00 +0000 https://www.swiftcharge.net/?p=186847 极速168赛车官方网站图片

Members voted 4 to 1 in favor of the development after a more than two-hour discussion. County Councilor Roger Armstrong was the dissenting vote.

The post Summit County Council votes in favor of Dakota Pacific development appeared first on Park Record.

]]>
极速168赛车官方网站图片

The Summit County Council on Wednesday approved an amended development agreement, paving the way for Dakota Pacific Real Estate to build 725 units as part of a mixed-use project in Kimball Junction.

Members voted 4 to 1 in favor of the development after a more than two-hour discussion. County Councilor Roger Armstrong was the dissenting vote.

“The four people around me, to the extent that they vote for it, are taking a bullet for the community. They are doing something that I believe is distasteful to them. … I believe if there wasn’t that legislative solution that could come to pass, that it would have been a very different discussion,” Armstrong said when explaining his decision. “They are looking out for your interests.”

极速168赛车官方网站图片
The majority of those in attendance wore red to signify opposition to the development. There was standing room only during the county councilors’ individual remarks. Credit: Clayton Steward/Park Record

The vote marks a pivotal moment in the controversial saga that began in 2019, when Dakota Pacific submitted an application to rezone the area near the Park City Tech Center to allow for residential housing and commercial development. Under the original 2008 agreement, construction was restricted primarily to tech and research-related buildings.

Members of the County Council first reviewed the application in the fall of 2020, and planned to vote on the project in 2021. However, the decision faced years of delays due to widespread community opposition and ongoing concerns about the proposal.

In January, the County Council signaled its intention to resolve the debate this year — culminating in the decision this week.

This is a breaking news story. It will be updated.

极速168赛车官方网站图片
Dakota Pacific Real Estate wants to build a residential neighborhood west of the Skullcandy building in Kimball Junction. Then, the development firm would partner with Summit County to create a mixed-use town center near the existing Richins Building. Credit: Dakota Pacific Real Estate

The post Summit County Council votes in favor of Dakota Pacific development appeared first on Park Record.

]]>
186847
Sundance Film Festival signals it may leave Park City after contract through 2026 ends https://www.swiftcharge.net/2024/04/17/sundance-film-festival-signals-it-may-leave-park-city-after-contract-through-2026-ends/ Thu, 18 Apr 2024 00:15:14 +0000 https://www.swiftcharge.net/?p=141656 极速168赛车官方网站图片

In 2027, the Sundance Institute’s contract to host the festival in town goes up for renewal, so the nonprofit is announcing a formal Request for Information to explore possible viable locations in Utah and the United States that may host the 10-day event beginning that year.

The post Sundance Film Festival signals it may leave Park City after contract through 2026 ends appeared first on Park Record.

]]>
极速168赛车官方网站图片

For more than 45 years, the Sundance Film Festival has called Park City home.

Founded by Robert Redford in 1978 as the Utah/US Film Festival, it has served as a vibrant platform for independent filmmaking and introducing unique voices.

In 2027, the Sundance Institute‘s contract to host the festival in town goes up for renewal, so the nonprofit is announcing a formal Request for Information to explore possible viable locations in Utah and the United States that may host the 10-day event beginning that year.

Any location interested in hosting future Sundance Film Festivals can submit RFIs from today through May 1, and Eugene Hernandez, festival director and director of public programming, said this process is to make sure Sundance has covered all of its options to secure the festival’s future.

“Our aim is to continue to do the work that the festival has been doing for the last 40-plus years, and this process we’re embarking on is just a part of that work,” he said. “We have an obligation and responsibility, and thinking about that responsibility, this feels like the right thing to do.”

“We appreciate our partnership with Sundance, and we want the festival to remain here for another 40 years,” Park City Mayor Nann Worel said as part of a longer statement. “We will not be alone in the effort to ensure that Utah remains host to diverse new voices from around the globe. With gratitude to the thousands of volunteers, our dedicated workforce, our residents, and the passion of our visitor and resident film lovers — we will work collaboratively with all our state and local partners on next steps.”

Interested parties can submit RFIs to proposal@sundance.org.

The RFI is the first step in a comprehensive selection process that will help Sundance collect logistical information from these locations before it makes any kind of decision regarding a future home, and issuing a Request for Information does not mean Sundance will immediately uproot and move within the next few months, Hernandez said.

“This is about 2027 and beyond,” he said. “It’s about the long term viability and sustainability of the festival and support of the artists, which we have done more than four decades.”

As the contract stands, the next two Sundance Film Festivals will still be held in Park City, with the 2025 event running from Jan. 23-Feb. 2, Hernandez said.

“Nothing will change for the next couple of years, because this is about 2027 and beyond,” he said. “We’re already planning and are fully engaged in the work of the 2025 festival. And the minute the 2025 festival ends, we’ll start planning the 2026 festival.”

“When the Sundance Film Festival first came to Park City in 1985, it was buoyed by a tightknit and passionate group of individuals who worked together to provide a voice for independent storytellers that became impactful beyond anyone’s imagination,” Worel said. “The same could be said about Park City. Forty years ago, we were just starting to realize what this place could become. As Sundance grew, so did we — into a world-class mountain town that welcomes the world year-round.”

Park City officials said they would have nothing more to say outside the statement for the meantime. 

Hernandez, who became the Sundance Film Festival’s fourth director in 2022, first attended the Sundance Film Festival in 1993 as a festival goer, and he feels an acute responsibility to maintain its mission of creating a platform for independent artists to showcase their work.

“To continue to create a space for discovery is something I take very  personally and very seriously, because the Sundance Film Festival means so much to me, and it has shaped me to who I am personally and professionally,” he said.

Hernandez also holds a special place in his heart for Park City, because of its connection to the festival.

“Seeing the mountains and the snow really grounds you, because you know you’re in one of the most beautiful places in the country,” he said. “I also know the legacy is important, and I hope Utah will join us on this journey as we evaluate the future of this festival.”

Once Sundance reviews the RFIs, the cities and towns who have met a list of criteria will be invited to participate in a Request for Proposal process that will run from May 7 to June 21, which will give Sundance the opportunity to review, evaluate and consider the best options that can build on the festival’s legacy of serving the global independent community and its audiences, according to Hernandez.

“This is a natural part of our work, so it’s important to really be mindful of the obligation we have to the festival and the work of the festival,” he said. “And when I think about audiences, I have always felt the audiences that show up each year are always, without question, so open and so warm to the notion of discovery. Whether it’s a screening at nine in the morning at Prospector Theatre or a prime-time screening at the Eccles Theatre or a midnight screening at the Egyptian Theatre, Park City has great audiences who show up open, curious and excited to welcome filmmakers, who are many times walking on stage for the very first time.”

The post Sundance Film Festival signals it may leave Park City after contract through 2026 ends appeared first on Park Record.

]]>
166569
Park City Election Night preliminary results are in: Dickey wins full first term, recreation bond appears to fail https://www.swiftcharge.net/2023/11/22/election-night-preliminary-results-are-in-dickey-wins-full-first-term-recreation-bond-appears-to-fail/ Wed, 22 Nov 2023 07:08:58 +0000 https://www.swiftcharge.net/?p=134482 极速168赛车官方网站图片

Turnout in Park City was around 45%

The post Park City Election Night preliminary results are in: Dickey wins full first term, recreation bond appears to fail appeared first on Park Record.

]]>
极速168赛车官方网站图片

Park City Councilor Ryan Dickey was the first-place finisher in the City Hall election on Tuesday, outdistancing the field by hundreds of votes, according to preliminary results released around 9 p.m.

Dickey received 1,621 votes and appears almost certain to have won a first full term on the city council. Ed Parigian, with 1,196 votes, also appears likely to have earned a seat while Bill Ciraco, with 1,055 votes, seems to have taken the third city council seat. 

The other candidates were:

  • Bob Sertner, with 969 votes
  • Matthew Nagie, with 891 votes
  • John Greenfield, with 481 votes

Park City voters, meanwhile, rejected a ballot measure to fund recreation facilities, according to preliminary results. There were 1,308 votes against the bond while 1,042 voted in favor of it. Turnout in Park City was around 45%.

The count on Tuesday night did not include ballots cast in person on the day of the election or ballots left in drop boxes after 2 p.m. on Tuesday. The numbers also did not include ballots that had not yet arrived at the County Courthouse but carried a Nov. 20 postmark or earlier as well as overseas votes.

The post Park City Election Night preliminary results are in: Dickey wins full first term, recreation bond appears to fail appeared first on Park Record.

]]>
165438
Betsy Wallace abruptly ends Park City Council bid https://www.swiftcharge.net/2023/08/02/betsy-wallace-abruptly-ends-park-city-council-bid/ Wed, 02 Aug 2023 16:40:21 +0000 https://www.swiftcharge.net/?p=130028 极速168赛车官方网站图片

"I find my life has become significantly more unbalanced than I anticipated," Wallace said in a press release by way of explanation for ending the effort.

The post Betsy Wallace abruptly ends Park City Council bid appeared first on Park Record.

]]>
极速168赛车官方网站图片
极速168赛车官方网站图片
Betsy Wallace, former managing director of the Sundance Institute, and the new executive director for the Park City Institute, said on Wednesday she was ending her candidacy for Park City Council.

Betsy Wallace, a well-known Parkite, on Wednesday morning announced her decision to apparently end her bid for a seat on the Park City Council.

“I find my life has become significantly more unbalanced than I anticipated,” Wallace said in a press release by way of explanation for terminating the effort. “With that in mind, I have made the decision to suspend my campaign for city council so I can regain some semblance of normalcy.”

Wallace went on to say that she will “continue to remain active in town but at a much more manageable pace.”

Wallace also said she return any campaign donations “as soon as possible.”

Wallace had been campaigning in advance of the Sept. 5 City Council primary election. Her withdrawal now leaves eight candidates vying for three council seats.

The post Betsy Wallace abruptly ends Park City Council bid appeared first on Park Record.

]]>
130028
Dismissal of charges against tennis coach Lani Wilcox appealed by Summit County Attorney’s Office https://www.swiftcharge.net/2023/06/21/dismissal-of-charges-against-tennis-coach-lani-wilcox-appealed-by-summit-county-attorneys-office/ Wed, 21 Jun 2023 19:36:08 +0000 https://www.swiftcharge.net/?p=128218 极速168赛车官方网站图片

“I think that the prosecutor’s case is already dead and they are just trying to do CPR on a corpse."

The post Dismissal of charges against tennis coach Lani Wilcox appealed by Summit County Attorney’s Office appeared first on Park Record.

]]>
极速168赛车官方网站图片
极速168赛车官方网站图片
Park City High School tennis coach Lani Wilcox displays the mark left on the left side of her face after a student player allegedly struck her. Wilcox was charged with aggravated child abuse, a third-degree felony. A judge dismissed the charges against her in May. The Summit County Attorney’s Office filed notice on June 21 that it will appeal the dismissal. Credit: Courtesy of Third District Court

The Summit County Attorney’s Office filed notice on Wednesday that it will appeal the dismissal of criminal charges against Lani Wilcox, a Park City High School tennis coach who was accused of assaulting a student player last year by putting her in a choke hold after the girl slapped her.

In a May 26 ruling, 3rd District Court Judge Richard Mrazik said the prosecution had not proven by clear and convincing evidence that the force used by Wilcox to restrain the girl was not justified.

Summit County Attorney Margaret Olson said at the time that her office would appeal the dismissal, “as there is a paucity of guidance at the appellate level” on the justification issue. A judge, rather than the prosecution, makes the decision, she said.

“The parties and the Court followed the statutory process in this matter where justification was claimed,” Olson said in a written statement. “It was the purview of the Court to determine justification. If any adult, let alone an individual in a position of special trust, restricts the breathing of a child in Summit County or strangles a child, they will also go through this same statutory process for the judge to determine justification.”

The appeal will be filed at the Utah Court of Appeals.

Defense attorney Clayton Simms said a jury would make the same decision as the judge: that the case is one of self-defense.

“I think that the prosecutor’s case is already dead and they are just trying to do CPR on a corpse,” he said. “At the end of the day, we know that Coach Wilcox is innocent.”

Wilcox, 62, who was head coach of the girls varsity tennis team, was charged with one count of aggravated child abuse, a third-degree felony, and one count of interruption of a communication device, a class B misdemeanor.

The charges stemmed from an argument with the girl that turned physical at the Park City Municipal Athletic & Recreation Center (MARC) during an Aug. 29, 2022 practice. Wilcox was accused of putting the girl in a choke hold and taking her phone away from her. State law prohibits an individual from interrupting another person’s attempt to call for emergency aid by force, intimidation or violence.

Wilcox testified at a January hearing on the justification issues that the student-athlete was angry after being told she would not be playing in an upcoming match because she had missed practice. The girl struck her on the left cheek and she put her in a “bear hug” from behind to protect herself and others at the tennis courts, Wilcox said.

The two fell to the ground and the girl got up and kicked the assistant tennis coach, Brad Smith, in the groin, she said.

The girl said in her testimony that she struck Wilcox and cursed at her because she thought she was going to push her, but didn’t hit her hard. She said Wilcox grabbed her around the neck and she thinks the coach’s hand hit her own face when they fell.

The student also acknowledged kicking Smith and said in a written statement to Park City police she was scared that “he would do something as well.”

The post Dismissal of charges against tennis coach Lani Wilcox appealed by Summit County Attorney’s Office appeared first on Park Record.

]]>
128218
Educational equity policy for Park City School District is unanimously adopted https://www.swiftcharge.net/2023/06/21/educational-equity-policy-for-park-city-school-district-unanimously-adopted/ Wed, 21 Jun 2023 16:45:00 +0000 https://www.swiftcharge.net/?p=128207 极速168赛车官方网站图片

“The board recognizes that each student comes to PCSD with different backgrounds, barriers, levels of prior education and academic/social needs that are recognized, acknowledged and supported by educators."

The post Educational equity policy for Park City School District is unanimously adopted appeared first on Park Record.

]]>
极速168赛车官方网站图片
极速168赛车官方网站图片
Park City Board of Education President Andrew Caplan listens Tuesday evening at a meeting where the board unanimously adopted an educational equity policy after months of debate.

The Park City Board of Education on Tuesday unanimously approved an educational equity policy for the school district that has been in the making for years.

The purpose of Educational Equity Policy 1006 — which works in concert with the existing Safe Schools Policy and policies prohibiting bullying, cyberbullying, harassment, hazing, discrimination and retaliation — is to provide a safe and welcoming environment allowing all students to achieve to their academic and social potential.

“The board recognizes that each student comes to PCSD with different backgrounds, barriers, levels of prior education and academic/social needs that are recognized, acknowledged and supported by educators,” the policy states. “Our policy gives direction to the Park City School District to incorporate principles of educational equity within all programs, operations, practices including adoption of curriculum, professional development, programming, and hiring recommendations of all staff.”

The 5-0 vote followed months of public comment and debate about the policy. Proponents said it would give all students the opportunity to learn and help battle discrimination, while opponents countered it would create bias and lower academic standards.

Board President Andrew Caplan, who says the policy codifies what the district already was doing, estimated 65% of the feedback was in favor of the policy and 35% against it. The policy was tweaked in response to the comments.

To ensure district programs and learning environments comply with applicable law, the board is directing Superintendent Jill Gildea or her designees to monitor and report annually on the progress of the educational equity framework in the policy. An implementation plan will address systemic changes to increase student attainment and outcomes.

极速168赛车官方网站图片
Park City School District Superintendent Jill Gildea at a meeting of the Park City Board of Education on Tuesday, June 20, where the board unanimously adopted an educational equity policy. The board directed Gildea or her designees to monitor and report annually on the policy. Credit: Park Record file photo by David Jackson

“I just want to say thanks to so many different people who put in the work on this,” Wendy Crossland, the board’s vice president, said.

The district did master planning in 2017 and created a mission statement to support all children to reach their academic and social potential. Caplan said all policy and budget decisions have been made using that statement as a guiding principle.

Educational equity goes beyond the static definition of equality, where all students are treated in an identical or equal manner, according to the policy.

“Instead, educational equity fosters a barrier-free environment where all students’ needs are met in order to have the opportunity to benefit at their full and optimal potential as learner,” the policy says. “The goal is to give each student what they need to reach their potential whether that is remediation or skills building, acceleration, social/emotional support, or any other tool that is available to educators.”

The district plans to ensure an equitable and inclusive learning environment by raising the achievement of all students; counteracting biased practices that perpetuate achievement disparities and opportunity gaps; developing self-awareness, self-advocacy skills and the knowledge to maintain healthy lifestyles that provide balance in life and improve well-being; and ensuring all students graduate ready to succeed in a racially and culturally diverse community.

“The PCSD Board of Education holds itself, the District, and school-site decision-makers, faculty, and support staff accountable for building a District-wide commitment to educational equity consistent with applicable law,” the policy states.

The post Educational equity policy for Park City School District is unanimously adopted appeared first on Park Record.

]]>
128207
Man killed in crash on S.R. 224 https://www.swiftcharge.net/2023/06/19/man-killed-in-crash-on-s-r-224/ Mon, 19 Jun 2023 18:08:38 +0000 https://www.swiftcharge.net/?p=128076 极速168赛车官方网站图片

The incident occurred around 12:10 a.m. near Canyons Resort Drive, according to Utah Highway Patrol.

The post Man killed in crash on S.R. 224 appeared first on Park Record.

]]>
极速168赛车官方网站图片
极速168赛车官方网站图片
Utah Highway Patrol and Summit County Sheriff’s Office deputies responded to an early morning crash on Monday near Canyons Resort Drive along S.R. 224. A 29-year-old man died.

A 29-year-old man was killed in an early morning crash Monday on S.R. 224.

The incident occurred around 12:10 a.m. near Canyons Resort Drive, according to Utah Highway Patrol. Summit County Sheriff’s Office deputies assisted with the response, which lasted several hours. 

The man, who was from the Heber City-area, was driving northbound on S.R. 224 in a black Nissan Armada. The vehicle then traveled off the road to the right and struck a traffic sign support pole.

The man, who was the only occupant, required extrication from the vehicle. Emergency medical services responded and began transporting him to a nearby hospital.

However, he was confirmed deceased shortly after he was taken from the scene.

The vehicle was previously reported for driving at excessive speeds on Main Street in Park City and law enforcement had been attempting to locate it, according to UHP.

Investigators are trying to determine what led to the vehicle going off the roadway.

The post Man killed in crash on S.R. 224 appeared first on Park Record.

]]>
128076
Tech Center not subject to new law, judge rules (updated) https://www.swiftcharge.net/2023/06/15/tech-center-not-subject-to-new-law-judge-rules/ Thu, 15 Jun 2023 20:21:28 +0000 https://www.swiftcharge.net/?p=127964 极速168赛车官方网站图片

Summit County prevails in major Dakota Pacific hearing

The post Tech Center not subject to new law, judge rules (updated) appeared first on Park Record.

]]>
极速168赛车官方网站图片
极速168赛车官方网站图片
Mitch Stevens, an attorney representing Summit County in its lawsuit against Dakota Pacific Real Estate, the State of Utah and 50 unnamed defendants, argues whether a new state law under Senate Bill 84 applies to the Park City Tech Center during a partial summary judgment hearing on Thursday at the Third District Court.

Dakota Pacific Real Estate and the Park City Tech Center do not fall within the provisions of a state law created by the controversial Utah Senate Bill 84.

That is what Third District Court Judge Richard Mrazik found on Thursday as he granted a motion for partial summary judgment filed by Summit County in late March, which argued S.B. 84 only gives Dakota Pacific development rights at the Tech Center if the site is within a certain proximity to a public transit hub and if the developer submitted a land use application before the end of 2022.

The ruling determines that Dakota Pacific is bound by a development agreement despite the new law. 

Under S.B. 84, landowners within a Housing and Transit Reinvestment Zone are granted certain rights that require little county oversight. This includes being able to build “at least 39 dwelling units per acre on average over the developable area, with at least 10% of the dwelling units as affordable housing units… (and) commercial uses including office, retail, educational, and healthcare in support of the mixed-use development.” 

While the language of the law mirrors what Dakota Pacific is pursuing at the Tech Center site, the narrowly drafted lines became the Achilles’ heel of the developer’s argument for this hearing.

“Dakota Pacific’s ham-fisted tactic to subvert the Summit County community and Summit County’s legislative process and instead lobby the Utah Legislature to: impair a 15-year old, carefully negotiated contract; and override local land use authority and our community’s right to local self government, has failed,” Summit County Attorney Margaret Olson said in a statement.

An undisputed fact in the case is that there’s an established zone around the Kimball Junction site because of the existing 2008 development agreement, which limits what can be built there to tech and research-related office buildings, and Dakota Pacific is seeking a modification that would be more inclusive of its plans.

However, Summit County and the developer disagree on whether the existing proposal is subject to an administrative decision, like a land-use application as defined in state law, or if it would require a legislative change, which makes it land-use regulation.

Mitch Stevens, an attorney representing the county, said the development agreement is clear that uses not listed as permitted or conditional are prohibited. He added that the Dakota Pacific petition is clear that the developer sought different uses than what is allowed, and that no official building plans or blueprints have been presented; which means the existing standards haven’t been applied so it doesn’t qualify as a land-use application.

“They had no ability to build residential units, to build this project, under the Summit [Tech] Park rezone,” the attorney said. “And that’s why they didn’t come to the county and say, ‘These are the standards and these are our building plans.'”

Stevens provided Mrazik with the history behind the development agreement, too. He said the area started as a rural residential zone, but shifted to community commercial with certain restrictions, including no residential housing, after Park City and Summit County paid more than $10 million for the land. Officials at the time hoped to diversify the resort economy by bringing in tech-oriented businesses and passed two ordinances related to the effort on the same day: Dec. 10, 2008.

The background answered key questions raised by Mrazik, who early into the roughly three-hour hearing indicated an amendment requiring a zoning change wouldn’t apply.

But Carolyn LeDuc, an attorney representing Dakota Pacific, offered a different perspective. She attempted to argue the property is still subject to community commercial zoning despite the development agreement limiting what can be built at the site. She said Summit County has always treated the proposal as a land-use application.

Mrazik quickly dismissed her argument because the development agreement indicates that is not accurate. He stated that Dakota Pacific would not be able to move forward with the project if Summit County rejected the proposal and told the developer to reduce its density.

LeDuc responded that she was at a disadvantage because the county is represented by seasoned attorneys who know the history related to the project. She said she was not prepared to argue the ordinance.

The judge ruled the developer did not have an existing land-use application as required by the law because it was effectively seeking a zoning change. 

Mrazik also agreed with a section of a partial summary judgment argument made by Dakota Pacific asserting the Kimball Junction Transit Center meets the criteria for a public transit hub, but he rejected the rest of the filing. 

Both attorneys argued whether High Valley Transit fits the description based on whether it operates four or more routes serving separate areas. Summit County’s legal team asserted many of the routes overlap, but Mrazik sided with Dakota Pacific in that the public transit system serves at least two different parts of Summit County.

S.B. 84 requires both provisions — the public transit zone and land-use application — to be met. Therefore, Mrazik ruled it does not apply to the Kimball Junction site.

Dakota Pacific CEO Marc Stanworth after the verdict was appreciative of the judge’s ruling on transit, though he disagreed with the other finding. He said the hearing today was to address threshold questions related to the broader case. 

“We’re very much a believer in what we’ve been pursuing for over four years,” Stanworth said. “This is going to be a transformational world class development, and a critical part of Summit County.”

He added the developer is now focusing on the remaining litigation. Dakota Pacific will also meet with its legal counsel to discuss the appeals process.

Stevens told Mrazik the rest of the case becomes simple with the partial summary judgment ruling because arguments surrounding the unconstitutionality of S.B. 84 will go away as the law doesn’t apply. 

Olson’s statement said the county will take a moment to celebrate the decision before turning attention to the rest of its claims.

The original complaint includes eight claims against the various defendants, including: that the passage of S.B. 84 does not address the existing development agreement and that the bill does not void the contract; that the language in the legislation does not apply to Dakota Pacific or the Tech Center; that Summit County has the “right to cure” as it considers an HTRZ proposal that doesn’t involve the development firm or Kimball Junction location; that judgment must be issued on how the county evaluates the Dakota Pacific application under S.B. 84, if it is determined constitutional; that the bill violated due process procedures protected by the state constitution; that the bill is unconstitutional because of spot-zoning; and that Dakota Pacific breached good faith and fair dealings.

The post Tech Center not subject to new law, judge rules (updated) appeared first on Park Record.

]]>
127964