The primary change to the new development agreement is who can sign it on behalf of Summit County: the county manager, not the council chair. That also means County Manager Shane Scott, not the council, has control over any changes to the contract.
The changes reflect the rules laid out in Senate Bill 26, a new state law written specifically to get Dakota Pacific’s project approved through an administrative process, so it could avoid a referendum.
Dakota Pacific applied under the new law Friday, May 30. KPCW obtained the application materials through a public records request Friday, June 6.
This is the company’s second application to develop; the last one was approved by the county council in December, and then challenged by thousands of residents who signed a referendum petition earlier this year.
The county clerk invalidated dozens of signature packets, so the referendum may not appear on the November ballot. The clerk has until June 23 to make a formal determination on the petition.
The newest iteration of Dakota Pacific’s application proposes five fewer county-owned affordable housing units than before, bringing the overall unit count down to 885.
Community Development Director Peter Barnes said his office is reviewing the document and planners will need clarification on the section describing how and when units actually get built.
In its review of that section, KPCW identified what appear to be typos, where the number of planned units are inconsistent. For example, the contract states: “Developer shall be entitled to apply for … an additional one hundred (150) Residential Units.”
Scott, the county manager, said he couldn’t speak to the specifics of the contract because he won’t see it until the Snyderville Basin Planning Commission reviews it and makes a recommendation to him.
He will approve or deny the agreement after a public hearing.
Under SB26, county attorneys say Scott has limited discretion to deny the contract if it complies with the law.
Residents could appeal Scott’s ruling, but the new contract says Dakota Pacific reserves the right to develop what SB26 says the company’s entitled to regardless.
The county and developer’s 50-50 split of the cost of new civic buildings and a mixed-use plaza with a pedestrian bridge — the public-private partnership — still applies. But Dakota Pacific is still to contribute no more than $3.7 million to the partnership, and the county picks up the rest.
The new agreement also still includes a clause that says Summit County and Dakota Pacific will end a 2023 lawsuit over the last state law seeking to greenlight the development. Both sides would cover their own attorneys’ fees.
Summit County is a financial supporter of KPCW. For a full list, click here.
