In an opinion issued Aug. 28, a panel of three judges determined that the Park City Planning Commission’s vote to grant a citizen appeal of the lift projects was legal and supported by “substantial evidence.”
In 2022, four residents appealed the permit that allowed for Park City Mountain to upgrade the Eagle and Silverlode chairlifts.
They claimed the Park City planning director failed to follow the city’s development code under an expedited approval process established in a 1998 development agreement.
In a 3-1 vote, the Park City Planning Commission chose to grant the resident’s appeal.
That sent a high-speed eight-pack off to Whistler Blackcomb and Park City Mountain owner Vail Resorts to Utah’s 3rd District Court, where it sued the city over the appeal and lost in 2023.
The opinion Thursday, which affirms the district court decision, follows arguments at the Utah Court of Appeals in April.
In a statement, the citizen appellants said the decision “marks a significant step forward in holding ski resorts accountable to the communities they operate in.” The residents said both courts determined that Park City Mountain’s parking plan was based on an “unverified and unreliable” metric called comfortable carrying capacity or CCC.
In its permit application, the resort said CCC “describes the theoretical capacity of the ski area that would provide a good skier experience.”
Angela Moschetta, one of the Parkites involved in the appeal, said the CCC limits in the 1998 contract are key to managing the resort’s growth.
“As the ski patrol strike made clear, Park City Mountain will pack the hill well past safe and enjoyable limits,” Moschetta said. “If our city and county leaders are serious about solving traffic, if the chamber is serious about sustainable tourism, and if [Vail Resorts CEO] Rob Katz and [Park City Mountain’s] Deirdra Walsh are serious about restoring the quality ski experience — CCC enforcement is the most immediate, most effective and free tool everyone’s got.”
In its review of the resident appeal, the planning commission determined that the project failed to provide an adequate parking plan for the lift improvements.
Attorneys for Vail argued the commission’s assessment of the resort’s parking plan went beyond the scope of their role. They also claimed the lift projects would have no impact on parking.
In its opinion, the appeals court said “the evidence before the commission was adequate to convince a reasonable mind that the parking mitigation plan was insufficient” and therefore one of the criteria for the permit “had not been met.”
“We are disappointed by today’s decision, especially after we initially received approval for these lifts after months of work with city staff and community input," Park City Mountain Vice President and COO Deirdra Walsh said in a statement. "Regardless of this outcome, we will resubmit permit applications for both lifts."
Vail’s failed effort to upgrade the lifts came after the 2021-22 winter when Park City Mountain was plagued by poor snowfall, low staffing levels, and a 47% increase in Epic Pass sales.
The company later said in an earnings report that the stalled projects cost it millions of dollars.
Park City Mountain has had years to pursue a more traditional conditional use permit with the city for upgrades, but has not done so.
In the 1998 agreement between the resort and city is a “Mountain Upgrade Plan” that establishes a separate, expedited review process for essentially pre-approved lift projects. The process allows Park City Mountain to sidestep the planning commission and get an administrative permit from the planning director. However, it is required to meet several standards, including adequate parking and consistent lift alignment, to get approval.
Since the resident appeal, the resort has moved to build two new gondolas in Canyons Village, which falls under the jurisdiction of Summit County.
“We appreciate the court’s thoughtful consideration and the important work of our volunteer planning commissions past and present,” Park City Municipal spokesperson Clayton Scrivner said.
