State lawmakers are attempting to codify Summit County’s controversial approval of an amended agreement with Dakota Pacific Real Estate near the Park City Tech Center.
Senate Bill 26 amends provisions related to Housing and Transit Reinvestment Zones, which county officials commonly refer to as HTRZ. Sen. Wayne Harper sponsors the bill — the same legislator who introduced the original HTRZ bill in 2022 that forced the County Courthouse to create a Housing and Transit Reinvestment Zone in the Kimball Junction area in the first place.
Proponents of the law in the Utah Legislature claim it encourages affordable housing development.
In Summit County, it ultimately led to the approval of Dakota Pacific Real Estate’s mixed-use housing proposal, with many county councilors citing state pressure as their reason for voting in favor of the agreement.
Now, Harper plans to revise portions of the HTRZ code to include language “that provides density and uses consistent with the amended development agreement” between Summit County and Dakota Pacific Real Estate, according to Deputy County Manager Janna Young.
Essentially, if the bill passes, Dakota Pacific Real Estate’s specific proposal would be outlined and allowed under state law, although the bill does not mention the developer or Summit County by name.
It would also let Dakota Pacific submit an administrative application to Summit County for approval rather than relying on a legislative action from the County Council.
“This was something we knew could happen, and we were expecting it,” Young said.
S.B. 26 unanimously passed the House Political Subdivisions Committee on Wednesday morning, but it was bumped back to the House Rules Committee for review the next day “due to fiscal impact.” The bill has not yet gone before the full state House of Representatives.
House Bill 540 also appears tied to Dakota Pacific Real Estate, according to Young.
The bill, which Rep. Mike Kohler introduced, modifies the process for municipal incorporations, a move Summit County officials believe is in response to Dakota Pacific’s filing to create Park City Tech.
“Last session, there was a bill that allowed three or fewer homeowners to come together and file for a preliminary municipality. It’s a pilot program for the next 30 years,” Young explained to the Summit County Council. “As you’re aware, Dakota Pacific has filed an application in our community. This bill by Rep. Kohler would essentially stop this program and not allow any new filings for preliminary municipalities after Feb. 1, 2025.”
Dakota Pacific’s incorporation petition would still be valid since it was filed prior to the deadline. However, there is a provision in the bill prohibiting a preliminary municipality from altering any existing development agreements. If passed, the bill would then prevent Dakota Pacific from having unilateral power over zoning and land-use decisions. This would force the development firm to adhere to what the County Council approved in a 4 to 1 vote late last year: a 725-unit mixed-use project with a phased-construction timeline.
“We’ll follow this bill. I don’t think it has great chances of passing, but it’s at least out there, and we appreciate Rep. Kohler for looking out for us in that way,” Young said.
The House Rules Committee is considering H.B. 540, but committee members have not taken a vote regarding the legislation as of Friday morning. The general session ends next week.