Park City Mountain appealed the Planning Commission’s decision to overturn the Administrative CUP to Third District Court. In the litigation, which is just beginning, the court will consider whether the correct legal standard was applied and whether the evidence supported the decision.
Updated November 9, 2022
On June 15, 2022, the Planning Commission voted to uphold the Appellants' appeal of the Administrative Conditional Use Permit for PCM Ski Lift Upgrades. The Final Action Letter was reviewed at the June 22, 2022, Planning Commission meeting.
On June 8, 2022, the Planning Commission continued the Appeal to a special meeting held June 15, 2022 at 5:30 p.m. in Council Chambers. Details regarding the request for continuation can be found in the Staff Report. There was no further Public Comment at the meeting.
Appeal to Planning Commission Heard June 8, 2022
On May 5, 2022, an appeal was filed with the City regarding the April 25 Administrative Public Hearing decision to approve the proposed Park City Mountain lift upgrades.
The appeal was heard by the Planning Commission at a regularly scheduled hybrid meeting in City Council chambers on June 8, 2022, beginning at 5:30 pm. This was in accordance with LMC § 15-1-18, that the reviewing body, with the consultation of the appellant, shall set a date for the appeal. Materials prepared for the appeal can be found below:
For further information please contact the Planning department at firstname.lastname@example.org.
Administrative Public Hearing
On Monday, April 25, 2022, at 12:00 PM the Planning Department conducted an Administrative Public Hearing for the proposed lift upgrades. The Park City Mountain Resort Administrative Conditional Use Permit was approved by the Planning Director with Conditions of Approval. Conditions of Approval include the following obligations:
- The Applicant shall submit a landscape, vegetation, removal, and replacement plan with their building permit, subject to Planning Director approval. The plan shall address plant screening/landscaping and/or installation of a privacy fence/gate at the Snow Flower property line, at the cost of the Applicant. An additional 5 feet shall be added to the 25-foot setback resulting in a 30-foot setback from the Snow Flower property line.
- The Applicant shall meet with the Planning Director and other relevant staff bi-annually, including prior to the beginning of the ski season, and within sixty (60) days of completion of the ski season to provide parking and traffic information demonstrating compliance with the Parking Mitigation Plan and a communications plan to ensure information dissemination to the public. The applicant shall share relevant parking information with staff, including parking lot occupancy rates and achievement of increased Average Vehicle Occupancy rates. The Planning Director may impose additional conditions or operational changes if the Parking Mitigation Plan results in on-going adverse impacts or is not achieving a demonstrated increased Average Vehicle Occupancy.
- This approval, including the parking mitigation herein, is solely for the installation and capacity associated with the lift upgrades subject to this application. This approval shall not have any bearing on other applications under the DA, the overall assessment of on-going compliance with the DA, and the requirements of new development which continue to be governed by the applicable LMC and DA in effect at the time of application.
- The Applicant shall provide adequate residential neighborhood mitigation and designate a residential liaison to meet with the city regarding impacts and mitigation.
- The Applicant shall be responsible for effectively managing the parking reservation system with an on-site parking attendant presence with a turn-away and tow policy for people without a reservation.
- The Applicant shall use the net proceeds generated from paid parking at the Mountain Village base area of Park City Mountain to reinvest in transportation, transit, traffic mitigation, and/or parking measures to support guest access to the resort and traffic mitigation in and around the resort. As part of the bi-annual review meeting process, the Applicant shall provide an accounting regarding the net proceeds and will review the resorts’ expenditures on these measures, including, if requested by the City, verification of the expenditures by an independent third party. The Applicant shall discuss in good faith any proposed expenditures by the City that advance the City’s infrastructure goals at each bi-annual review. If funded, such proposals will be documented pursuant to an amendment to the Parking Mitigation Plan processed as part of the bi-annual review.
The full action letter is available here: PCM Lift Upgrades Approved Final Action Letter
The recording of the Administrative Public Hearing is available here. To view the full video, please select the link and download in Dropbox.
The window to apply for an appeal closed 10 days after the April 25, 2022 decision made in the Administrative Public Hearing. It must have been appealed to the Planning Commission within 10 calendar days by anyone who commented in either writing or at the hearing, is an owner of property within 300 feet, or the applicant themselves. See Land Management Code 15-1-18(D). Appeals must have been submitted to the Planning Department by 5 p.m. on Thursday, May 5, 2022. Appeals must have been by letter or petition, contained the name, address, and telephone number of the petitioner; his or her relationship to the project or subject Property; and must have had a comprehensive statement of all the reasons for the appeal, including specific provisions of the law, if known, that are alleged to be violated by the action taken.
The Appellant shall have paid the applicable fee [$500] established by resolution when filing the appeal. The Appellant shall have present to the appeal authority every theory of relief that it can raise in district court. Alternatively, within 15 calendar days of the April 25, 2022 decision, the City Council, on its own motion, may have called up the decision for review by the Council. Land Management Code 5-1-18(K). In calling a matter up, the Council may have limited the scope of the call-up hearing to certain issues.
For questions contact the Planning Department at email@example.com or (435) 615-5060.
On January 19, 2022, Park City Mountain Resort (PCMR) submitted an application for an Administrative Conditional Use Permit (CUP) to upgrade the Silverlode lift from a 6-chair to an 8-chair detachable lift, and replace the existing triple fixed-grip Eagle and Eaglet lift with a longer single, 6-chair detachable lift.
Normally, ski lifts require a CUP reviewed by the Planning Commission, per LMC § 15-4-18, Passenger Tramways and Ski Base Facilities. However, Section 2.3 of the 1998 Development Agreement between the City and the then-owner of the resort (which binds succeeding owners) includes an approved Mountain Upgrade Plan (the Plan). The Plan states that development of ski facilities (including new/upgraded lifts) is subject to a staff-level administrative review (i.e., an Administrative CUP), if the following criteria are met:
- Consistency with the Mountain Upgrade plan. The selection of lift transportation type shall be at the sole discretion of the Developer.
- The Community Development Director may identify certain techniques as identified in the Park City Mountain Resort Resource Management Plan - Visual Management Guidelines to mitigate any impact to the view shed. The techniques include realignment, re-vegetation, and special silvacultural treatments between ski spaces to achieve the necessary blending. Traditional openings for ski trails and lifts with straight edges and uniform widths will be minimized to the greatest extent possible. Interconnected ski spaces of variable width and length, which are linked together in the fall-line to take advantage of the natural open spaces and vegetative conditions, islands and glades, natural or natural appearing trail edges, are preferred. Trails that are designed for base area return or circulation between fall line areas shall be designed for appropriate grades and widths consistent with minimizing visual impact.
- Ski run lighting shall be consistent with the Park City lighting standards Glare shall be minimized to the greatest extent possible.
- Lift towers shall be painted or otherwise treated to blend with the natural surroundings. The color black, as currently used on the Payday Lift, is considered to be the most appropriate. Other colors may be appropriate that are consistent with low contrast with the surrounding vegetation and terrain. Galvanized lift equipment shall be treated to minimize reflectivity.
- Vegetation management, re-vegetation and erosion control techniques shall be designed in accordance with the Park City Mountain Resort Resource Management Plan - Vegetation Management Plan and Re-vegetation Guidelines. The objective shall be to achieve a vegetative condition that enhances the skier experience and long term forest health. Re-vegetation shall be designed to control erosion and to restore ground cover as quickly as possible after ground disturbing activities.
- Parking. At all times Developer shall assure that it has adequate parking or has implemented such other assurances, as provided in the Parking Mitigation Plan, to mitigate the impact of any proposed expansion of lift capacity.
Administrative CUPs are reviewed and approved by the Planning Director, pursuant to LMC Section 15-1-11, and Section 15-1-10. The Planning Director conducts a public hearing that is legally noticed 10 days in advance.
The following documents are from the original ACUP public hearing on April 25, 2022: