Council denies resort support commercial code changes 5-0, continues Deer Valley right-of-way petition to November 2 and waives $26,000 in association fees
September 28, 2023, 3:15 p.m. · City Council Chambers, 445 Marsac Avenue
On September 28, 2023 the council voted 5-0 to deny Ordinance 2023-17, which would have limited support commercial and accessory uses in master planned developments, and directed a fast-tracked taskforce to be named by the city manager. It continued Deer Valley Development Company's right-of-way vacation petition to November 2, approved a fee waiver of up to $26,000 for the Prospector Square Property Owners Association, and approved two condominium plat ordinances. Council Member Ryan Dickey recused himself from one plat for an ownership interest, though the minutes list him among the ayes. Work sessions covered the vibrancy storefront ordinance and winter transit service, including Richardson Flat routes for which each of two resorts was asked to contribute $150,000.
From the approved minutes. Updated October 14, 2026.
Decisions at a glance
Agenda, item by item
Item Closed · Other
Motion to close the meeting for property, personnel and litigation
Approved · 5-0
Closed session ran from 3:15 to 4:15 p.m.
Item Work1 · City code
Vibrancy commercial storefront ordinance
Discussed
Staff discussed an ordinance aimed at owners who open storefronts only during Sundance. Doilney suggested a performance bond as a good-faith measure; Toly liked the bond idea and asked about its legality; Dickey preferred nonmonetary help; the building official proposed issuing a business license before the building permit. No vote.
Item Work2 · Roads and utilities
Park City Transit update and winter service
Discussed
Proposals include more efficient Green and Blue routes, 15-minute peak frequency on the Orange and Purple routes and new Richardson Flat routes to Snow Park and Park City Mountain, with each resort asked to contribute $150,000. Park City Mountain pledged $150,000; staff noted a $133,530 funding gap. Dickey said the city asked resorts to pay half and he did not want to run the route just to run it; Rubell supported a 50 percent resort share; Toly asked for options to cut the first six days and April service. No vote.
- Grant$150,000 to Park City Mountain
Item II · Appointment
Neighborhoods First Streets Committee appointment
Approved · 5-0
Appoints a member to a two-year term effective immediately.
Item VI.1 · Parks
Amendment to the Iron Mountain conservation easement
Approved · 5-0
Consent item approved in a form approved by the city attorney.
Item VII.1 · Development
Deer Valley Development Company petition: right-of-way vacation and Doe Pass Road dedication (Snow Park Village Base Area MPD and subdivision)
Continued · 5-0
Public hearing held. One speaker raised traffic concerns and requested a new traffic study; one said the proposal lacked town-wide mitigation; one supported the project and asked for traffic solutions. Continued to November 2.
Item VII.2 · City code
Ordinance 2023-17: Land Management Code amendments for master planned development accessory uses
Denied · 5-0
Would cap support commercial at 5,000 square feet or 5 percent of total square footage, remove meeting space, limit support commercial to hotels and require Planning Commission approval of resort accessory square footage. Dickey was concerned about disincentivizing hotels; Doilney said the amendments were stricter, targeted at upcoming projects and would discourage local businesses; Rubell asked what the amendment would accomplish; Toly and Gerber recommended a taskforce. A Park City Mountain representative and others opposed or asked for a taskforce; others supported it, citing density bonus concerns. The mayor directed a fast-tracked taskforce named by the city manager and asked the Planning Commission to revisit the ordinance afterward.
Item VII.3 · Other
Landscaping incentive update and Weber Basin partnership
Discussed
The program had 38 site visits, 7 applications and 3 approved projects awaiting completion. Under the partnership, a $3 per square foot rebate would be split among the city, state and Weber Basin, with the city's share dropping from $2 to $1; the state requires city code changes restricting turf by year end. Majority direction was to partner with Weber Basin; all agreed to keep the $75,000 commercial maximum and not add $25,000. Dickey said water rates were punitive and favored Weber Basin running the program alone. No vote.
Item VIII.1 · Budget
Pro statement for the 2023 recreation general obligation bond
Discussed
The city received one request to write the pro statement; council selected it for the October 26 public meeting. No formal motion is recorded.
Item VIII.2 · Taxes and fees
Prospector Square Property Owners Association fee waiver request
Approved · 5-0
Up to $26,000 (actual $25,126.42) for right-of-way fees and bonds, road closure fees and building permit fees. Staff recommended 50 percent, noting fee waivers had exceeded $200,000 this year. The association described a $1.6 million assessment for sewer replacement, parking lot repaving and lighting. Dickey supported 50 percent; Toly, Rubell and Gerber supported the full amount.
- Fee$26,000 to Prospector Square Property Owners Association
Item VIII.3 · Subdivision
Ordinance 2023-46: Supplemental Snow Park Residences condominium plat, 2310 Deer Valley Drive East
Approved · 5-0
Phase three condominium plat of a hotel: 12 units totaling 16.8 unit equivalents plus one affordable unit equivalent, with no commercial or club amenity space. All conditions of approval were met and the Planning Commission recommendation was unanimous. Rubell disclosed a family membership at a nearby club, said it was unrelated and would not affect his decision.
Item VIII.4 · Subdivision
Ordinance 2023-47: Resort Center Condominiums Phase 1B First Amended, Unit 40 plat amendment, 2525 Fairway Village Drive
Approved · 5-0
The unit was not built as platted; the amendment shows setback and two-space parking compliance. Dickey recused at 8:30 p.m. due to an ownership interest, yet the minutes list him among the ayes and record the vote as 5-0.
What residents said
Winter court allocation at the MARCDeer Valley traffic
Speakers urged the MARC to maximize winter pickleball hours, asked for first-come, first-served court use and shared use of the tennis bubble, and proposed a roundabout rather than stoplights at Deer Valley.