Petition to repeal Ordinance No. 987, the Dakota Pacific agreement, circulates in Summit County
Jan 20, 2025
The petition to repeal Ordinance No. 987 — the approval to adopt an amended development agreement with Dakota Pacific Real Estate at the Park City Tech Center — is now circulating around Summit County.The County Courthouse released its referendum information pamphlet packet on Friday, a 100-plus page document with the referendum application, fiscal and legal impact estimate, and arguments related to the referendum. It signals the start of the countdown for sponsors to collect 4,554 valid signatures by March to potentially overturn the Summit County Council’s decision.Utah Code requires the local government to issue a proposition information pamphlet to registered voters that includes a complete copy of the ordinance. Summit County was allowed to write an argument in favor of, or against, the referendum but did not include one. The County Council voted 4-1 to approve the amended development agreement on Dec. 18, paving the way for more than 800 units to be built in the Kimball Junction area.The seven Summit County residents who sponsored the application — Scott Greenberg, Joe Urankar, Ruby Diaz, Robert Lattanzi, Shawn Stinson, Brendan Weinstein and Jennifer Sexsmith — used the allotted 500 words to support their application for a referendum.“In voting for Ordinance No. 987, Councilors openly affirmed the political pressure they received to approve an amended DA and implied Dakota’s connections to State Legislators would result in punitive legislation against Summit County. Yet without Dakota endorsing binding agreements committing the developer to the finance and facilitation of tangible community benefits, Summit County Council’s closed-door dealings don’t justify amendments to the DA,” the argument states. The sponsors also cited years of well-documented public opposition to the development firm’s proposals over the years, and they were critical of the market rate to affordable housing ratio as well as the sunset clause on deed-restricted units. While county councilors expressed concerns that the local government may lose out on Utah Department of Transportation funding for the S.R. 224 roadway improvement project, sponsors said those threats are idle.Threats regarding legislative interference from the state are also unfounded, the sponsors said. They noted the Utah Supreme Court upheld voters rights for a ballot referendum process last year by affirming Amendment D was unconstitutional. If it had passed, the Legislature would have been given power over all ballot initiatives.“Furthermore, it sets dangerous precedent; without the offset of measurable community benefits firmly in place, parcels in the hands of even more extractive developers seeking to profit from the coming Olympics would subject local land use authorities to potentially worse proposals than Dakota’s mixed use,” the sponsors stated.The referendum seeks to “restore ultimate authority to voters” by putting the Dakota Pacific decision on the ballot. If voters choose to repeal the ordinance, it would restore the original development agreement and ensure all current and future applications for development near the Tech Center are subject to that agreement — preventing the mixed-use proposal from being allowable.The County Attorney’s Office announced last week the referendum is referable to voters because it was a legislative decision on a land-use regulation. Meanwhile, Summit County Chief Finance Officer Matt Leavitt determined the consequences of repealing the ordinance could cost millions.He estimated a loss of $266,800 in annual taxes; $4 million in rental income; $4 million in developer contributions; community amenities including an amphitheater, Kimball Junction interchange improvements, an S.R. 224 pedestrian safety crossing, and property donated to Summit County by Dakota Pacific.Leavitt feared Summit County would lose out on transportation funding from the state and federal government, and that the legal feud between the local government and development firm would restart.The sponsors have until March 3 to collect nearly 5,000 signatures from registered voters who support the referendum. They’ll need to collect signatures of 16% of voters countywide as well as at least 16% in three of the four districts to make it onto the November ballot.Since the referendum was announced, Dakota Pacific filed a petition to incorporate its land as a preliminary municipality. If deemed feasible by the Utah Lieutenant Governor’s Office, the development firm would have the right to make land use and zoning decisions regardless of whether the ordinance is repealed. However, the sponsors said the incorporation attempt is a “bait and scare” tactic intended to bully the public into thinking they are powerless.Additional information is available at summitcountyutah.gov/referendum.The post Petition to repeal Ordinance No. 987, the Dakota Pacific agreement, circulates in Summit County appeared first on Park Record.