Dakota Pacific Real Estate has filed a petition with Utah’s Office of the Lieutenant Governor to incorporate as a preliminary municipality on 47 acres near the Skullcandy building in Kimball Junction.A preliminary municipality has the ability to transition to, and incorporate as, a new town. If approved, Dakota Pacific would call it Park City Tech — it would have “all the powers and duties” of a town, including zoning and land use decisions. Last month, the Summit County Council amended the 2008 development agreement to allow the development firm to build a 725-unit neighborhood on the land included in the incorporation petition. The proposed municipal boundaries do not include the area related to the public-private partnership, where the county wants to build 165 affordable apartments of its own along with other community benefits.Dakota Pacific is allowed to create a preliminary municipality under a new state law, S.B. 258, that went into effect on May 1. The law applies to land that is privately owned by three or fewer people who intend to develop it with at least 100 people and 10% affordable housing in six years. Those appointed to serve on a board would have the ability to make land use decisions on the property until it became a fully incorporated town.Phase one of the Park City Tech plan involves building 40 townhomes, 120 apartment units and 160 affordable housing units deed restricted to 80% of the area median income or less. Those 320 units would be spread out over 21 acres.The second phase would see 405 units built out over 26 acres. Dakota Pacific plans to build 65 condos, 120 townhomes, 40 apartments, 100 attainable units deed restricted for 100-120% AMI and an additional 80 units reserved for households earning 80% AMI.Park City Tech would still have 725 units and maintain the same level of affordable housing included in the amended development agreement.The preliminary municipality incorporation would also allow Dakota Pacific to build according to its own timeline, rather than the one established by the County Council. Officials sought to slow development by tying it to the Utah Department of Statewide Transportation Improvement Program list and the completion of public-private partnership projects. It’s unclear if Dakota Pacific plans to amend the construction schedule agreed upon with the County Council.Dakota Pacific CEO Marc Stanworth was listed on the development firm’s application as the person requesting a feasibility study be conducted. He was not available for comment as of Wednesday. Scott Swallow, the director of acquisitions and development for Dakota Pacific, signed on as town sponsor.The state will conduct a feasibility study to determine whether the boundaries could support a new town economically. There are also other requirements related to population density, which Dakota Pacific’s proposal appears to meet. If it could feasibly exist, a public hearing would be held. But despite any community feedback, Dakota Pacific would be allowed to proceed. The landowners can file for incorporation as a preliminary municipality, and designate a board chair and three of the four board members who would serve as the town council. The group “has the same authority as another municipality” minus imposing taxes or exercising eminent domain.Summit County has the authority to choose one board member. Board members do not have to be residents, and they would be replaced once an election is held if fully Park City Tech is incorporated.Dakota Pacific would be required to file to incorporate as a town once the population exceeds 100 people. The lieutenant governor would dissolve the preliminary municipality if the Dakota Pacific does not file a petition for incorporation to transition within six years. Then, all roads and infrastructure would revert back to Summit County’s jurisdiction. The development firm could be liable for damages if it doesn’tThe post Park City Tech: Dakota Pacific files to incorporate new town in Kimball Junction appeared first on Park Record.