Interview Schedule Eastern Summit County Planning

Interview Schedule Eastern Summit County Planning Commission

Wednesday March 10, 2021 Via Zoom Meeting

(2 vacancies; 4 applicants)

1:45 PM Dakody Gines

2:00 PM Don Sargent *Reapplying

2:15 PM Alex Peterson

2:30 PM Barry Blazzard The vacancies are a result of Don Sargent and Amy Rydalch’s terms expiring February 28, 2021.

Interview Instructions (Zoom)

We know that Council would prefer to meet with you in person, but due to the circumstances right now, we appreciate your understanding while we use this electronic meeting format.

For your interview with Council, please use one of the two following options:

1. By phone only: Dial 1-301-715-8592, Meeting ID: 279-421-350.

2. By video chat: Join Zoom Meeting at https://zoom.us/j/279421350, enter meeting ID: 279421-350. When you join the meeting, set up your audio preferences. You will be muted upon entering the meeting.

When Council finishes the interview prior to yours, the moderator will unmute your microphone so you can interview with Council.

If you have any questions or are not going to be able to participate in the interviews, please let me know.

Thank you for your understanding.

Nancy Hooton

435-336-3042

Interview Schedule

Snyderville Basin Planning Commission Wednesday March 10, 2021

Via Zoom Meeting (2 vacancies; 3 applicants)

1:00 PM Ryan Dickey *reapplying

1:15 PM John Kucera *reapplying

1:30 PM Joerg Ruegemer

The vacancies are a result of Ryan Dickey and John Kucera’s terms expiring February 28, 2021.

Interview Instructions (Zoom)

For your interview with Council, please use one of the two following options:

1. By phone only: Dial 1-301-715-8592, Meeting ID: 772 302 472

2. By video chat: Join Zoom meeting: https://zoom.us/j/772302472 When you join the meeting, set up your audio preferences. You will be muted upon entering the meeting.

When Council finishes the interview prior to yours, the moderator will unmute your microphone so you can interview with Council.

If you have any questions or are not going to be able to participate in the interviews, please let me know. Thank you. Nancy Hooton 435-336-3042

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STAFF REPORT To: Summit County Council From: Emily Quinton, Sustainability Program Manager Dave Thomas, Chief Civil Deputy Date of meeting: March 10, 2021 Subject: Information briefing and Council discussion with staff about the draft of an

interlocal governance agreement for the Community Renewable Energy Program (Utah 100 Communities) and opportunity to participate as an anchor community.

This staff report provides a detailed overview of the foundation Summit County and other communities have developed to support the design of the Community Renewable Energy Program. For a snapshot and succinct summary of this process, see the process chart in Attachment A. REQUESTED COUNCIL ACTION This is an information briefing on the status of the Utah 100 Communities effort and decision making that needs to be made by the Council to move Summit County into the next steps of the process towards achieving the availability of 100% renewable electricity to Summit County consumers. This briefing and discussion by Council will guide how staff and the Attorney’s Office bring back the issues for final decisions. We would suggest the Council review the draft interlocal governance agreement and consider how Summit County will or will not participate in the Utah 100 Communities effort and eventual Community Renewable Energy Program. OVERVIEW OF DECISIONS AHEAD (1) Does Summit County become an official participating community in the Community Renewable

Energy Program by signing the interlocal governance agreement (Attachment B)?

• Staff anticipates that the interlocal governance agreement described in this report and attached will be available for Summit County to contemplate signing in the next few weeks.

• This staff report and work session will describe the pros and cons of this decision and the implications of the timing of Summit County signing and making its Phase 1 payment.

• Summit County’s anticipated Phase 1 payment is $10,759.97, half of the total estimated baseline participation non-noticing costs for Summit County ($21,519.95). An explanation of non-noticing, and other potential costs, will be described by staff and are noted in this report.

(2) If yes to (1), does Summit County want to participate as an anchor community?

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• This staff report and work session will provide an overview of what it means to be an anchor community and the pros and cons of that decision.

• Choosing to be an anchor community and making that commitment early will ensure Summit County has a clear role as a voting member on the Board to be formed by participating communities, which will shape the Community Renewable Energy Program.

• Anchor communities commit to ensuring all program start-up and implementation costs are covered by taking on additional anchor payments. Summit County’s potential anchor payments could raise the County’s total non-noticing obligation to $57,000.

(3) If yes to (1), who does Summit County name as the primary and alternate Board members to represent Summit County in the agency formed by the interlocal governance agreement?

• The Board will shape and lay out the Community Renewable Energy Program by developing an application and seeking approval from the Utah Public Services Commission, including rate design, resource procurement, low-income program components, and more.

• This staff report and work session will further describe the role of the Board, and what decisions potential Board members will shape and voting for or against on behalf of the County.

BACKGROUND AND CONTEXT Developing Summit County’s renewable energy pathways With electricity usage making up approximately 26% of Summit County community-wide greenhouse gas emissions and approximately 9% of government operations emissions1, the Summit County Council has long understood that transitioning to clean, low carbon, renewable energy sources for electrical energy is an important step in meeting greenhouse gas reduction targets. Specifically, Resolution #2019-292 includes these renewable energy and greenhouse gas reduction goals:

1. Renewable Energy Goals: Summit County will implement strategies and policies to:

a. Transition to measured net 100% renewable electrical energy by 2030 for all of Summit County’s government operations; goal includes 50% renewable electrical energy for Summit County’s government operations by 2025; and

b. Achieve an amount equivalent to 100% of the annual electrical energy supply for participating customers from a renewable energy source by 2030.

2. Greenhouse Gas Emissions Reduction Goals: Summit County will actively seek to:

1 https://www.summitcounty.org/DocumentCenter/View/10761/2019-Emissions-Presentation, slides 45 and 26, respectively 2 Resolution #2019-29: https://summitcounty.org/DocumentCenter/View/2363/Resolution-Establishing- Renewable-Energy-and-Emissions-Reductions-Goals-PDF

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a. Reduce greenhouse gas emissions from County government operations by 80% below their 2016 level by 2040; and

b. Implement strategies and policies to encourage the reduction of greenhouse gas

emissions countywide 80% below their 2014 levels by 2050.

Over the past several years, staff, County leadership, Council members, and partners have explored and evaluated potential strategies to transition to renewable energy. This analysis yielded two major pathways the County is pursuing:

• To achieve 1.a. of Resolution #2019-29 Summit County, Salt Lake City Municipal, Park City Municipal, Utah Valley University, Vail Resorts, and Deer Valley Resort have entered into a power purchase agreement (PPA) with Rocky Mountain Power to procure energy from a planned 80 megawatt (MW) solar facility to be constructed in Tooele County3. This project is nearing finalization and is not the focus on this staff report and work session.

• To achieve 1.b. of Resolution #2019-29 Summit County is among 23 communities eligible to participate in the Community Renewable Energy Program. H.B. 411, the Community Renewable Energy Act, was developed through leadership from Summit County, Park City, Salt Lake City, and other key partners as the most viable pathway for community-wide renewable energy goals, following a 2017 study by Energy Strategies. The Community Renewable Energy Program is the focus of this staff report.

Any pathway local governments take to achieve renewable energy goals will be complex. Since November 2019, Summit County has been part of a highly collaborative, innovative, and one-of-akind process to begin laying the foundation for the Community Renewable Energy Program. It has been a dynamic process. Summit County has had to develop its goals in the context of being served by a regulated utility, Rocky Mountain Power (regulated utilities are often described as regulated monopolies). At the same time, the climate and sustainability goals of Summit County and other communities have forced Rocky Mountain Power, the state Legislature, and regulators to reimagine what is possible in Utah.

This staff report will help to describe the foundation developed to date, and what decisions are before the Council in terms of how to continue participating in this process. The Community Renewable Energy Program & Current Status

3 https://www.rockymountainpower.net/about/newsroom/news-releases/rmp-contracts-to-deliver-renewableenergy-for-six-large- customers.html#:~:text=The%20Elektron%20Solar%20project%20is,in%202021%20and%202022%20in 4 https://le.utah.gov/~2019/bills/static/HB0411.html

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From the 2017 study by Energy Strategies referenced above, the vision for the Community Renewable Energy Program was formalized in H.B. 4114, the Community Renewable Energy Act, passed during the 2019 Utah Legislative session. H.B. 411 was championed by a coalition of communities including Summit County, Park City, and Salt Lake City, and others, alongside Rocky Mountain Power, nonprofit advocates, and more. The Community Renewable Energy Program differs from existing renewable

energy programs like Blue Sky4 and Subscriber Solar5 as a significantly larger-scale, affordable, and impactful program, especially in terms of likely new renewable generation sources being put on the electric grid. H.B. 411, Utah Code Ann. 54-17-901, and Public Service Commission Rules R746-3146 lay out key aspects of an allowed community renewable energy program, such as, but not limited to:

• Accounting for customer participation and non-participation through an opt-out period, the length of the opt-out period, termination charges after that point, and what happens if customers move in, out, or between participating communities (Utah Code § 54-17-9057).

• Qualifying renewable resources – wind, solar, hydroelectricity, or use an approved energy efficiency technology (Utah Code § 54-17-9028).

• Costs to develop and run the program cannot be shifted to non-eligible, non-participating customers (Utah Code § 54-17-9049). This lays the groundwork for the program start-up and implementation costs discussed in this staff report.

• What must be included in the program application to the Public Services Commission, and some criteria the Public Services Commission must use in evaluating the application (Utah Code § 54-17-904 and Utah Code § 54-17-90910).

• Requiring that eligible participating communities will need to sign a utility agreement to collaborate on the program application and eventually pass a resolution to participate in the program within 90 days of its approval (Utah Code § 54-17-90311).

See Attachment A to see these elements laid out in a diagram.

H.B. 411 required that municipalities and counties pass a resolution by December 31st, 2019 with a 100% renewable electrical energy goal for their customers to remain eligible moving forward. Summit County and 22 other Utah communities passed these required 100% renewable energy resolutions.

4 https://www.rockymountainpower.net/savings-energy-choices/blue-sky-renewable-energy.html 5 https://www.rockymountainpower.net/savings-energy-choices/blue-sky-renewable-energy/subscriber-solar.html 6 https://adminrules.utah.gov/public/search/R746-314/Current%20Rules 7 https://le.utah.gov/~2019/bills/static/HB0411.html#54-17-905 8 https://le.utah.gov/~2019/bills/static/HB0411.html#54-17-902 9 https://le.utah.gov/~2019/bills/static/HB0411.html#54-17-904 10 https://le.utah.gov/~2019/bills/static/HB0411.html#54-17-909 11 https://le.utah.gov/~2019/bills/static/HB0411.html#54-17-903

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Summit County’s goal was integrated into Resolution #2019-29, as explained above in the Background and Context section. By making ‘100% by 2030’ commitments, these 23 communities remain eligible to participate in the Community Renewable Energy Program. In 2020, representatives from these communities began working closely together to realize the vision laid out in H.B. 411 and Utah Code Ann. 54-17-901. “Utah 100 Communities”12 is the term being used to describe those communities that made 100% by 2030 commitments. Over the past year, representatives, including both staff and attorneys, from a handful of the Utah 100 communities have engaged in small group meetings to work through several items, including two key elements to be

discussed with Council: a draft interlocal governance agreement and proposed anchor community structure. This Council update follows two large meetings held on 2/17/21, one for elected officials13 and one for community members, during which much of this information was initially presented. Summit County Council and staff attendees included Glenn Wright, Chris Robinson, Tom Fisher, Rich Bullough, and Emily Quinton. The draft interlocal governance agreement lays out and defines how participating communities will work together to design the Community Renewable Energy Program in accordance with H.B. 411 and Utah Code Ann. 54-17-901, share costs, and vote to make key decisions. Summit County has been intimately involved in the development of the interlocal governance agreement, which will be finalized and ready for signature in the coming weeks. With Council’s approval, Summit County can sign the governance agreement as soon as it is ready but must sign by July 31, 2021 to be able to vote, and by January 31, 2022 at the latest. As will be discussed, signing early and as an anchor community is a step Council can take to cement the County’s participation and support the program’s long-term success. When signing the interlocal governance agreement, Summit County will also be committing to contribute its share towards program implementation expenses, which are outlined below. INTERLOCAL GOVERNANCE AGREEMENT The draft interlocal governance agreement is attached (Attachment B). Over the course of five meetings in early 2021, a team of attorneys representing several Utah 100 Communities coordinated to fine-tune the agreement. The communities that sign the governance agreement will make up the “agency” which will be guided by a Board. Each community will name a Board member who is an elected official and an alternate who can be staff. Additionally, there are Board officer roles to be filled: President, Secretary, and Treasurer.

12 https://www.utah100communities.org/ 13 See slides used for elected officials meeting: https://e7c003d0-30f6-4f17-97e1- 004b9f370063.filesusr.com/ugd/26b4b3_7908ed917a8842d586cf9516dac86fe7.pdf & a recording of the meeting: https://youtu.be/cVlQU28Gb6o

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The Board (Section 2a of the governance agreement) will guide and make decisions in partnership with and negotiated between Rocky Mountain Power and third-party experts hired through some of the program start-up and implementation funds. Ultimately, the agency will need to develop a program application to be submitted to the Public Services Commission, including draft RFP language for eventually procuring resources. Therefore, the Board plays a critical role in guiding and deciding what will be in the program application. Following program approval, the Board will continue to play an important role, such as deciding which resources to procure on behalf of the customers in participating communities. This could include decisions about the generating resource (like wind or solar), location, size, and more. There is a significant opportunity to influence regional clean energy development through the Community Renewable Energy Program.

Cost sharing There are two major types of costs participating communities will be responsible for covering: “nonnoticing costs” (shared) and “noticing costs" (not shared). Attachment C offers guidance to the Utah 100 Communities on these potential costs while Section 7 of the governance agreement deals with “Phases/Expenditures/Payments”.

• Non-noticing costs, estimated at $700,000, can be thought of as program start-up and implementation costs, funding the development and submission of the program application to the Public Services Commission, eventual process to procure resources, and the experts needed to ensure these steps are successful. H.B. 411 clearly states that the cost cannot be shifted to non-participating customers, so the communities must cover the following costs: joint utility filing cost, state regulator program analysis cost, community legal and technical consultant costs. The non-noticing costs will be shared between participating communities, based on original “participation percentage” weight. The participation percentage is a combination of population and electricity load of each community, specifically the original weights are 50% based on population and 50% based on electricity load from 2019. As Attachment C and Schedule 1 of the governance agreement show, Summit County’s anticipated total non-noticing cost is $21,519.95. This can also be thought of as Summit County’s base participation payment. Non-noticing costs will be paid in two phases:

o Phase 1 payments due July 31, 2021, if signed onto the governance agreement at that point or by January 31, 2022: $10,759.97 for Summit County

o Phase 2 payments due July 31, 2022: $10,759.97 for Summit County

• Noticing costs will be covered separately by each participating community to pay for notices sent via Rocky Mountain Power informing customers of the program, rates, and their ability to opt-out, if they choose, at the time of program roll-out. The noticing costs are not shared between participating communities. At this point, it is not known when the noticing costs will

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be paid but may be likely in 2023 or 2024. Noticing cost estimates may change depending on the number of customers in each community at the time of program roll-out. As of now, noticing costs for Summit County are estimated to be $10,591.46 (Attachment C).

The anchor communities concept addresses how the non-noticing costs will be covered should community participation be lower than anticipated and/or to allow the process to move forward while some communities take more time to decide about participating. If participating as an anchor, Summit County will commit to additional expenses.

Voting Section 2b of the governance agreement proposes two different methods for voting: “preimplementation voting” and “post-implementation voting”. Implementation refers to the Community Renewable Energy Program being through approval from the Public Services Commission.

• Pre-implementation voting: simple community vote with the option to call for a weighted voted. A weighted vote is based on “participation percentage”, which changes based on key milestones tied to when payments are made.

• Post-implementation voting: o To change program elements, a supermajority of communities and majority of electric

load would be required. o To procure new renewable energy resources, a majority of communities and majority

of electric load would be required.

Additional details on voting, including how participation percentage changes over time, are available in the draft interlocal governance agreement and slide 11 of the work session presentation.

Anchor Community Concept The anchor community concept was based on concerns regarding the possible impact of communities deciding to not participate in the program. This concept offers each Utah 100 Community assurance that their share of the $700,000 will not change based on participation (or lack thereof) of other communities. Together, the anchor communities will commit to maximum contributions that collectively equal the entire $700,000 implementation cost. The anchor communities will likely be some of the earliest to sign the interlocal governance agreement and will be responsible for making anchor payments (in addition to the baseline participation payments). As non-anchor communities join, anchor payments will shrink proportionally to the size of each community’s maximum anchor payment. This may come in the form of the anchor payment being smaller by the time it needs to be made and/or being credited or adjusted when Phase 2 anchor payments are due. Anchor payments due dates depend on whether the community is a municipality or a County:

• Phase 1 anchor payments due:

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o October 31, 2021 for municipalities o January 31, 2022 for Counties

• Phase 2 anchor payments due: o October 31, 2022 for municipalities o

January 31, 2023 for Counties

The anchor communities can be thought of as providing a “backstop” for the program. Summit County staff have participated discussions with communities that have expressed an interest in being an anchor to understand potential reasons for and costs that may come along with this commitment. As a potential anchor, Summit County’s anchor costs will depend on the other communities committing to be anchors, right now anticipated to be five, six, or seven communities. Based on the most recent conversation among communities that have expressed interest in becoming an anchor, staff have estimated Summit County’s potential anchor payment, assuming the five most interested communities commit, to be approximately $35,400, bringing Summit County’s total non-noticing responsibility to approximately $57,000 (baseline non-noticing costs plus maximum potential anchor payment). Attachment D shows this range of potential non-noticing costs for Summit County. Municipalities and counties choosing to become anchor communities will do so by listing themselves in Schedule 2 of the governance agreement, likely in coordination with each other.

PROCESS & TIMELINE The following is a potential process and estimated timeline for how the Community Renewable Energy Program may proceed. It should be noted that payments can be made early. For a simplified and visual explanation, see Attachment A.

• Signing onto the interlocal governance agreement: o The governance agreement will be finalized and distributed in March 2021. o The

agreement will take effect once a minimum of five communities sign it.

o If a community wants to be able to vote, it must sign the agreement by July 31, 2021 o If a community does not sign by July 31, 2021, but still wants to participate, it must sign the agreement by January 31, 2022.

• Payments: o Regular (base participation) payments:

▪ Phase 1 payments are due by July 31, 2021 for those who have signed on at that point and by January 31, 2022 for those who sign on between July 31, 2021 and January 31, 2022.

▪ Phase 2 payments are due by July 31, 2022 for all participating communities. o Anchor payments:

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▪ Phase 1 Anchor payments are due by October 31, 2021 for municipalities and by January 31, 2022 for Counties.

▪ Phase 2 Anchor payments are due by October 31, 2022 for municipalities and by January 31, 2023 for Counties. Phase 2 Anchor payments will be adjusted for Phase 1 actual payments.

• Program application development: o Once the governance agreement takes effect, the Utah 100 Communities will begin

engaging Rocky Mountain Power and other stakeholders to develop the program application and draft RFP language to attach to the application.

o The initial goal is to be ready to submit the application to the Public Services Commission by the end of 2021 or early 2022. Based on the typical timing for rate cases, a possible decision from the Public Services Commission may come in September of 2022. Then, each participating local government will need to pass an ordinance to formally enter the program within 90 days of program approval from the Public Services Commission.

• Procuring renewable resources: o If the application process proceeds as anticipated, the agency may be ready to issue

an RFP for resources by the end of 2022. o Renewable energy resources may be procured over several phases.

To reiterate, this is a potential timeline. There are many stages at which the process may take longer or shorter than anticipated. SUMMARY OF NEXT STEPS, UPCOMING DECISIONS, PROS & CONS, AND STAFF RECOMMENDATIONS In the coming weeks, the interlocal governance agreement will be finalized and ready for consideration by the 23 Utah 100 Communities. The following decisions will be in front of the Council once the governance agreement is ready. Staff have outlined some pros and cons and recommendations for Council. (1) Does Summit County become an official participating community in the Community Renewable

Energy Program by signing the interlocal governance agreement? Pros of becoming an official participating community:

• Continues Summit County on the path to meet renewable energy goals. • If signed on by July 31st, ensures Summit County has a voting role on the Board, allowing

Summit County to play a role in shaping and aligning the program with unique County needs. • Signals support of the Community Renewable Energy Program broadly and to the other

eligible communities, including to those in Summit County: Coalville, Oakley, Kamas, Francis.

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• Promotes the value of the Community Renewable Energy Program, including the investment of time and resources already made by Summit County.

• Continues to provide avenues for Summit County to back out of the agreement, as termination is allowed throughout Phase 1.

Cons of becoming an official participating community

• Brings Summit County to the point where financial resources will need to be invested to make the non-noticing payments.

• Depending on the timing of the decision, commits Summit County at a point where many details of the program are yet to be determined.

Recommendation: Staff recommends that Council consider approving Summit County becoming an official participating community so the County can continue to shape the program moving forward and be part of the process to gain additional information as the program application is formulated and submitted to the Public Services Commission. (2) If yes to (1), does Summit County want to participate as an anchor community? Pros of becoming an anchor community

• Ensures Summit County plays a key role in securing the continuation of the program development process and eventual launching of the program.

• Increases the likelihood that other interested communities will decide to become anchors. • Demonstrates leadership and follow through on County climate and sustainability goals.

Cons

• Increases the program costs Summit County commits to covering, with the possibility that these additional costs are not adjusted or credited back if participation by other community is lower than anticipated (or, if only the anchors end up being the final participants).

• Exposes Summit County to uncertainty regarding net costs over the two payment phases, somewhere between the baseline participation non-noticing costs and the maximum costs if only anchor communities participate (see Attachment D for an explanation of this range).

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Recommendation: Staff recommend that Council consider approving Summit County to join as an anchor community to further ensure that this program will move forward. (3) If yes to (1), who does Summit County name as the primary and alternate Board members to

represent Summit County in the agency formed by the interlocal governance agreement? To consider: The primary Board member must be an elected official, and the alternate can be a member of the staff. Given the complexity of this program, it would be advantageous for the County to have the same Council member as the primary Board member for at least through 2022, if not 2023, for continuity throughout the program development, application, and launch process. Recommendation: Staff recommend that Council members consider individually and together which Council member would be a good fit as the primary Board member. For the alternate Board member, staff recommend the Council consider the sustainability program manager for this role, with support from a member of the legal team. ATTACHMENTS Attachment A: Utah 100 Communities / Community Renewable Energy Program Process Chart Attachment B: Draft Interlocal Governance Agreement as of 2/17 Attachment C: Budget Guidance provided at 2/17 All Communities Meetings Attachment D: Range of Summit County’s share of $700k non-noticing costs for Community Renewable Energy Program

Attachment A – Utah 100 Communities / Community Renewable Energy Program Process Chart

• Assets “Eligible

Design: • Community” as Rate •

•

regulators per R746-314 Establishes voting criteria for Board action Anchor Community (acts

•

•

Development of Low-Income Plans Development of OptOut Notices

Community Renewable Energy

Program Utah Code ( § 54 - 17 -

746 ; R 901 - 314 ( PSC ))

Summit County Resolution No.

2019 - 29

Interlocal Governance Agreement Stakeholders ) (

PSC Rate Case ( establishing the Program Rate &

approving the RMP Agreement)

Summit County Ordinance

( formal entrance into the Community Renewable

Energy Program)

• HB 411 (2019) • PSC Administrative

Rules adopted (2020)

• Community Goal: % Renewable 100

Electrical Energy by 2030

• Summit County is an

• Creates a Cooperative Agency of Eligible Communities with a Board to act with one voice Negotiates the RMP Agreement Pays $700,000 in administrative costs to the Utah utility

• Draft RFP Language for Selection of Renewable Energy Resources

• Selection of Replaced

•

rate)

• Enact Ordinance w/in 90 days of PSC approval

• Mail Opt - Out Notices to all County residents (2 mailers) Designated as a n official Participating Community

Decision Point Decision Point

defined in the PSC • Incremental Rate Administrative Rules Impact (RMP tariff

Community Renewable as back-stop and has a • Avoided Costs

greater voice in decision- determination and

Energy Program making) or Eligible termination charges

Participating Community (the community

• Payments: backstop)

o Phase I: July 2021 (to

vote) or Jan 2022 o Phase II: Oct 2022

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Attachment B – Draft Interlocal Governance Agreement

INTERLOCAL COOPERATION AGREEMENT AMONG PUBLIC ENTITIES REGARDING THE

COMMUNITY RENEWABLE ENERGY PROGRAM This Interlocal Cooperation Agreement (“Agreement”) is made among those

public/governmental entities (“Listed Entities”) listed on Schedule 1 who have executed this

Agreement and delivered the executed Agreement to the Secretary designated in Schedule 3

(“Secretary”). Each of the Listed Entities that duly executes and delivers this Agreement and that

continues to indicate its intent to become a “Participating Community” as defined by Utah

Administrative Rule R746-314 (“Rules”), as adopted by the Utah Public Service Commission

(“Commission”), is and will remain an “Eligible Community” (as defined by the Rules) and will

become a “Participating Community” (as defined by the Rules) upon satisfaction of all of the

requirements of Utah Code Ann. § 54-17-902(10).

This Agreement will become effective (“Effective Date”) five calendar days after the date

that at least five Listed Entities have (i) executed and delivered this Agreement to the Secretary

and (ii) notified the Secretary that they agree to become Anchor Communities and will timely make

Anchor Payments, as defined in and required by Section 7 (each, an “Anchor Community”). Any

Listed Entity may become a Party (as defined below) to this Agreement by executing and

delivering this Agreement to the Secretary at any time, whether before or after the Effective Date,

on or before [January 31, 2022], or such other date as may be determined by the Community

Renewable Energy Board (“Participation Deadline”), with no financial commitment prior to July

31, 2021. Each Listed Entity that desires to be a Party shall deliver an executed Agreement to the

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Secretary with the name and contact information for such Listed Entity primary and alternate Board

Members. Each Listed Entity that also agrees to become an Anchor Community shall notify the

Secretary of the same and shall timely deliver its Anchor Payments to the Treasurer as specified

in Section 7. In the event any Anchor Community later determines to withdraw as a Party or as an

Anchor Community, Section 7.d. shall apply. For so long as a Listed Entity that executes and

delivers this Agreement as specified herein remains an Eligible Community or a Participating

Community, as applicable, and continues to make any payments required of it herein on and after

July 31, 2021, it will individually be a “Party,” and all collectively will be the “Parties,” to this

Agreement.

RECITALS

A. In 2019, the Utah State Legislature enacted H.B. 411 that was codified at Utah Code

Ann. § 54-17-901 et seq. and is known as the “Community Renewal Energy Act” (“Act”).

B. The Act authorizes a community renewable energy program (“Program”) to be

proposed in an application (“Application”) to be filed by a qualified utility for approval by the

Commission. The qualified utility relevant to this Program is Rocky Mountain Power, an

unincorporated division of PacifiCorp, an Oregon Corporation (referred to herein as “RMP”).

Upon Commission approval of the Program, RMP will be authorized to provide electric service

from one or more “renewable energy resources” as defined by the Act (“Renewable Resources”)

to end-use customers within the Participating Communities who participate in the Program

(“Participating Customers”). Each Listed Entity has adopted a resolution that establishes a goal

of a net 100% renewable energy supply for that community by 2030, and therefore is eligible to

become a Participating Community as contemplated by the Act.

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C. The Act contemplates (as supplemented by the Rules) that the Parties will adopt a

governance agreement (which is this Agreement) and enter into an agreement with RMP (“Service

Agreement”) which must provide, among other things, for (i) the payment by the Parties of the

costs associated with third-party expertise contracted by the Utah Division of Public Utilities and

the Utah Office of Consumer Services to assist with activities associated with the initial approval

of the Program, (ii) payment by the Parties of the costs of providing certain notices required by the

Act, (iii) determination of the obligations for payment of any termination charges associated with

the Program that are not paid by Participating Customers and not included in Commissionapproved

utility rates for the Program to be paid by Participating Customers (“Program Rates”), (iv)

identification of any proposed replacement assets, and (v) proposed plans addressing lowincome

programs and assistance.

D. On or about January 7, 2020, the Commission adopted the Rules to facilitate

implementation of the Program as contemplated by the Act. The Rules require the adoption by the

Parties of this governance Agreement to establish a decision-making process among the Parties to

ensure that the Parties will be able to reach a single joint decision on any necessary Program issues.

E. Each of the Listed Entities that executes this Agreement, as an Eligible Community

and a potential Participating Community, desires to enter into this governance Agreement as

contemplated by the Act and Rules.

F. The Listed Entities are all “public agencies” under the Interlocal Cooperation Act,

Utah Code Ann. § 11-13-101 et seq. (“Interlocal Cooperation Act”) and are authorized to enter

into this Agreement for joint or cooperative action, and to form a Community Renewable Energy

Agency (“Agency”) as contemplated herein.

G. The Parties have determined that it is mutually advantageous to enter into this

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Agreement.

AGREEMENT

NOW THEREFORE, pursuant to the Interlocal Cooperation Act, the Act and the Rules,

and in consideration of the mutual covenants and promises of the Parties set forth herein, the Parties

agree as follows to foster the legitimate interests of the Parties actively working together to

implement the Program pursuant to the Act and Rules for the mutual benefit of the Parties. The

Parties recognize that the ability to provide renewable energy options to their residents transcends

political jurisdictional boundaries within Utah and intergovernmental coordination is essential to

facilitate the efficient use of both public and private resources. The Parties therefore agree as

follows:

1. Purpose. The purpose of this Agreement is to establish the Agency and a

decisionmaking process for Program design, cost share allocation, resource solicitation, resource

acquisition, other Program issues and, as contemplated by the Act and Rules, to provide a means

of ensuring that the Parties will be able to reach a single joint decision on necessary Program

issues, and to implement the Program in their respective communities.

2. Governance and Administration of Agency. There is hereby created a governing

board of the Agency called the Community Renewable Energy Board (“Board”). All action taken

pursuant to this Agreement shall be governed and determined by the Board, which is comprised of

representatives of the Parties.

a. Board.

i. Each Party may appoint one position on the Board from among its

elected officials.

ii. Board members (“Board Members”) will serve indefinitely at the

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pleasure of the appointing Party. Any appointment or removal of a Board Member will be

evidenced by a letter from the Party’s chief executive officer or resolution of such Party’s

governing body notifying the Secretary of such action.

iii. A Party may designate an “alternate” Board Member from among

its elected officials, appointed officials, or employees, to attend any Board meetings and to fully

participate, including voting, in Board meetings on behalf of the Party if that Party’s designated

regular Board Member is not in attendance. The alternate Board Member serves indefinitely at the

pleasure of the appointing Party and any appointment or removal of an alternative Board

Member will be evidenced in the same way as the appointment of a regular Board Member for that

Party. As used herein the term “Board Member” shall include a Party’s alternate Board Member

acting in the place of a Board Member as appropriate.

iv. The Board may not hold an electronic meeting until the Board has

adopted a resolution or rule (“Policy”) governing the use of electronic meetings as required by the

Utah Open and Public Meetings Act, Utah Code Ann. §52-4-101 et seq. (including any successor

statutes, “OPMA”). If the Board has adopted such a Policy, then the Board Members may

participate remotely/electronically as provided in the Policy, and in accordance with the OPMA.

v. Unless otherwise specified herein, Board meetings, and all actions

taken thereby, will require that a quorum of Board Members be present (either physically or, if

permitted by the Policy, electronically) and shall operate in compliance with the OPMA. A simple

majority of all Board Members shall constitute a quorum of Board Members.

vi. Other than as specified in Section 2.a.vii, matters related to the

operation of the Board, such as meeting times, meeting locations, the conduct of meetings, election

of officers, a chair and vice-chair, etc., will be established and adopted by the Board as written

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bylaws, policies and/or procedures (“Bylaws”) that include, but are not limited to, creation of

various committees, hiring outside consultants, lawyers and administrators, and issuance of

requests for proposals.

vii. The Parties agree to the appointment of an initial President,

Secretary and Treasurer of the Agency as specified in Schedule 3. Until such time as the Board

establishes Bylaws that include procedures and duties, and elects or appoints substitute officers,

the President shall call and conduct board and committee meetings, conduct Agency business,

and retain and manage outside consultants, the Secretary shall receive and provide notices

required or allowed hereunder and keep and prepare minutes and books of the Agency, and the

Treasurer shall receive and hold payments in a separate ledger account for the benefit of the

Agency and handle financial and accounting matters, including expenditures, of the Agency, in

accordance with governmental accounting principles.

viii. The Board shall appoint a "participating communities'

representative" (“Participating Communities’ Representative”) as defined in the Rules to present

the decisions and opinions of the Agency and to take other actions as required by the Act or the

Rules.

ix. The Board may, from time to time, appoint, establish, maintain, and

replace any officers, the Participating Communities' Representative, executive committees, other

committees, and outside administrative support as determined by the Board in accordance with the

Bylaws. It is the intention of the Parties that the officers of the Agency will periodically be elected

as set forth in the Bylaws, and that each Party will offer qualified employees to serve as potential

officers of the Agency in order to equitably share administrative burdens and costs.

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b. Voting.

i. Subject to Sections 2.b.ii, iii and iv, for all decisions and actions of

the Agency as to all matters related to this Agreement, the Program, Commission and other

proceedings relating to the Program, and otherwise, each Party as acted/voted upon by its Board

Member will be entitled to one vote, and matters before the Board will be passed and approved by

a vote of at least a majority of the Board Members who are present at a duly noticed meeting at

which a quorum is present and who are present and voting with respect to a given matter.

ii. Subject to Sections 2.b.iii and iv, any two Board Members who are

present at a Board Meeting may call for a weighted vote of the Board (“Weighted Voting”) on any

action or matter appearing on the current agenda for action by the Board, in which event the

Board’s action on the matter will be determined by votes weighted by the Participation Percentage

(as defined in Section 6) of each voting Board Member.

iii. Notwithstanding anything to the contrary in this Agreement, after

the date on which the Commission has entered an order pursuant to Utah Code Ann. § 54-17-904

(3) approving the design and implementation of the Program (“Program Implementation”), neither

the Agency nor any Party will make, propose or support any comment, give testimony or state a

position with respect to any material change in connection with any Commission proceeding

relating to the design or implementation of the Program unless and until such change has first been

determined by the Board to be reasonable and material, and has been approved by Board Members,

whether or not attending any given Board meeting, representing (A) at least two-thirds (2/3) of all

Eligible Communities or Participating Communities, as then applicable, and (B) at least a majority

of the Participation Percentages of all Eligible Communities or Participating Communities, as then

applicable.

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iv. Before any new Renewable Resource for the Program is acquired or

approved by the Commission, the Board will, in consultation with experts as deemed appropriate,

calculate reasonably projected long-term incremental per-kilowatt-hour rate impacts on

Participating Customers of the new Renewable Resource, in conjunction with all other

previouslyapproved Program Renewable Resources (the “Incremental Rate Impact”). The

Incremental Rate Impact will be calculated by comparing the reasonably projected RMP revenue

requirement that would otherwise apply to Participating Customers under standard RMP tariff rates

to the reasonably projected RMP revenue requirement that will apply to Participating Customers

if the new Renewable Resource is acquired. Notwithstanding anything to the contrary in this

Agreement, neither the Agency nor any Party will make, propose or support any comment, give

testimony or state a position in support of any such acquisition or approval of a Renewable

Resource for the Program unless and until the same has been approved by Board Members,

whether or not attending any given Board meeting, representing (A) in the case of an Incremental

Rate Impact of [10%] or more, at least two-thirds (2/3) of all Eligible Communities or Participating

Communities, as then applicable, and at least two-thirds (2/3) of the Participation Percentages of

all Eligible Communities or Participating Communities, as then applicable; or (B) in the case of

an Incremental Rate Impact of less than [10%], at least a majority of all Eligible Communities or

Participating Communities, as then applicable, and at least a majority of the Participation

Percentages of all Eligible Communities or Participating Communities, as then applicable.

3. Immunity Act. The decisions made pursuant to this Agreement are governmental

functions and the Parties are all governmental entities under the “Governmental Immunity Act of

Utah” (Utah Code Ann. § 63G-7-101, et seq., or successor provision, the “Immunity Act”). The

Parties do not waive any immunities, rights, or defenses available under the Immunity Act, nor

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does any Party waive any limits of liability provided by the Immunity Act. Consistent with the

terms of the Immunity Act, and as provided herein, it is mutually agreed that each Party is

responsible and liable for its own wrongful or negligent acts which are committed by it or by its

agents, officials, or employees.

4. Withdrawal.

a. Before July 31, 2021. Any time prior to July 31, 2021, a Party that has

previously executed and delivered this Agreement may elect not to continue as an Eligible

Community and may withdraw as a Party to this Agreement by providing a notice as specified in

Section 11 (“Notice”) to the Secretary of its intent to withdraw. The Secretary will provide Notice

to all Parties of each Party that provided such a Notice of withdrawal or that did not timely make

its Initial Payment as required by Section 7.b.i, and any such Party will be deemed to have

withdrawn as a Party to this Agreement as of July 31, 2021, unless the Initial Payment is paid

within fifteen days of such Notice from the Secretary. An Eligible Community that withdraws or

is deemed to have withdrawn as of July 31, 2021, will have no financial commitment to the Agency

or the other Parties as a result of its participation in the Agency or its withdrawal as a Party hereto,

other than as provided in Section 3.

b. Before Passage of Ordinance. From July 31, 2021 to the deadline for a Party

to adopt an ordinance as required by Utah Code Ann. § 54-17-903(2)(c) following Program

Implementation a Party may elect not to become a Participating Community and may withdraw as

a Party to this Agreement by providing at least thirty days’ advance Notice to the Secretary of its

intent to withdraw.

c. Effect of Withdrawal. Upon delivery of any Notice of withdrawal or upon

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any deemed withdrawal of a Party, the withdrawing Party’s Board Member must relinquish his or

her position as Board Chair/Vice-Chair and as an officer, as applicable, and will also be

automatically recused from all further discussions and votes on any matters affecting such

withdrawal or the Program. Due to commitments made pursuant to this Agreement and the

significant impact a withdrawal after July 31, 2021 may have on the other Parties, except as

specifically provided herein, all Parties acknowledge and agree that any amount previously paid

or committed to by any Party will not be refunded in whole or in part for any reason, including any

withdrawal of a Party after July 31, 2021.

d. After Passage of Ordinance. Neither the Act nor the Rules contemplates

that Participating Communities who have adopted an ordinance as required by Utah Code Ann. §

54-17-903(2)(c) following Program Implementation can thereafter terminate participation in the

Program or withdraw as a Party to this Agreement.

5. Admission of New Parties. Unless the Act is amended, no one other than the

Listed Entities who become Parties as specified in this Agreement may or will become Parties to

this Agreement. If the Act hereafter allows the admission of additional Parties, the Board may

adopt policies and procedures for such admission, including, without limitation, execution and

delivery of a counterpart of this Agreement by the new Party following approval by its governing

body.

6. Participation Percentages. The weight of the vote (“Participation Percentage”)

of each Party’s Board Member for all matters specified in Sections 2.b.ii, iii and iv will be

determined pursuant to the provision of this paragraph. The Participation Percentages of all Listed

Entities, assuming every Listed Entity is becoming and remains a Party, is based on the relative

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estimated population and annual electrical loads within each Listed Entity and is specified in

Column C of Schedule 1 (“Original Weight”).

a. From the Effective Date to July 31, 2021, the Participation Percentages of

all Parties will equal each Party’s Original Weight as a percentage of the Original Weight of all

Listed Entities who have previously become Parties by executing this Agreement and delivering it

to the Secretary as specified herein.

b. From August 1, 2021, to the end of Phase 1, each Party’s Participation

Percentage will be based on its Phase 1 Payment obligation, including its Phase 1 Initial

Payment obligation and any Phase 1 Anchor Payment obligation (as defined below), as a

percentage of the total approved Phase 1 expenditures specified in Section 7.b. Such

Participation Percentages will be updated and calculated prior to any Board meeting or vote if

any Listed Entity has become a new Party and/or an Anchor Community since the last time the

same were updated.

c. From the end of Phase 1 through the end of Phase 2 each Party’s

Participation Percentage will be as based on its aggregate Phase 1 and Phase 2 Payment

obligations, including its Phase 1 Initial Payment obligation, any Phase 1 Anchor Payment

obligation, and any Phase 2 Initial or Anchor Payment obligations (as defined below), as a

percentage of the total approved Phase 1and 2 expenditures as specified Sections 7.b. and 7.c.

d. Unless otherwise agreed by all Parties, after the end of Phase 2, each

Party’s Participation Percentage will be updated as of April 1 of each year, or such other date as

determined by the Board, to reflect the relative estimated annual electrical loads of Participating

Customers within such Participating Community as a percentage of the annual electrical loads of

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all Participating Customers within all Participating Communities, based upon the most recently

available 12-month data or estimates from RMP as approved by the Board.

e. The Participation Percentage of all parties shall equal 100%.

7. Phases/Expenditures/Payments.

a. Subject to additions and changes approved by the Board, this Agreement

specifies authorized activities of the Agency and associated costs and expenditures in connection

with at least two phases of the development, implementation and operation of the Program (each,

a “Phase”). A Listed Entity that desires to remain a Party to this Agreement must pay to the

Treasurer its share of approved expenditures for each Phase on or before the due date(s) determined

by the Board or if no date is determined by the Board then as specified herein (each, a “Payment”).

b. The first Phase (“Phase 1”) will begin on the Effective Date and end on the

date the design of the Program with proposed Program Rates has been submitted by RMP to the

Commission for approval pursuant to Utah Code Ann. § 54-17-904 (“Program Submittal Date”).

Phase 1 has approved expenditures in an amount of $350,000. Each Listed Entity that intends to

become or remain a Party after July 31, 2021, or other date as determined by the Board, shall

make Phase 1 Payments as follows:

i. Each Party that desires to remain a Phase 1 Party after July 31, 2021,

or other date as determined by the Board, shall make one or more Payments to the Treasurer on or

before July 31, 2021, or other date as determined by the Board, in the amount of its Phase 1 Initial

Payment as specified in Column D of Schedule 1. After the Effective Date, the Agency may

commit to expenditures only after Parties have made full or partial Payments in amounts sufficient

to cover such expenditures.

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ii. Each Phase 1 Anchor Community shall also make one or more Phase 1

Anchor Payments to the Treasurer on or before October 31, 2021 for Anchor Communities that

are municipalities and January 31, 2022 for Anchor Communities that are counties, or such other

date in either case as may be determined by the Board, in an amount determined as specified

below, up to the maximum Phase 1 Anchor Payment specified for such Anchor Community in

Column C of Schedule 2. The aggregate total of all actual Phase 1 Anchor Payments shall equal

the approved Phase 1 expenditures specified in Section 7.b, reduced by the aggregate total dollar

amount received by the Treasurer in Phase 1 Initial Payments and from any other sources

intended for such purpose other than from the Parties prior to January 31, 2022 or other date as

determined by the Board, (“Phase 1 Remaining Balance”). The actual Phase 1 Anchor Payment

to be paid by each Phase 1 Anchor Community shall be based on its proportionate share of the

aggregate of all maximum Phase 1 Anchor Payments as specified in the “Total” Row of Column

C of Schedule 2, multiplied by the Phase 1 Remaining Balance. Any Anchor Payments made by

any Anchor Community in excess of such maximum Phase 1 Anchor Payments shall be entered

in Column E of Schedule 2 and shall be deemed to be a prepayment (“Phase 2 Anchor

Prepayment”) with respect to such Anchor Community’s Phase 2 Anchor Payment. The

resulting actual Phase 1 Anchor Payment to be paid by each Phase 1 Anchor Community shall be

entered in Column D of

Schedule 2 and shall be paid to the Treasurer by each Phase 1 Anchor Community by October 31,

2021, for Anchor Communities that are municipalities and January 31, 2022 for Anchor

Communities that are counties or such other date in each case as may be determined by the Board.

iii. Except as provided in Section 7.c.ii or 7.e, no Phase 1 Initial

Payment, Phase 2 Anchor Prepayment, or Phase 1 Anchor Payment will be refunded regardless

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of the actual Phase 1 or Phase 2 expenditures, and no additional Phase 1 Payments other than

those specified herein will be required of any Party absent such Party’s consent. The Board will

determine how any unused and uncommitted Phase 1 amounts held by it will be spent in

connection with the Program.

c. The second Phase (“Phase 2”) will begin on the Program Submittal Date

and end on the expiration of the “implementation period” as defined in the Rules. Phase 2 has

approved expenditures in an amount not to exceed $350,000 or such lesser amount as approved by

the Board. Each Party that intends to remain a Phase 2 Party shall make Phase 2 Payments as

follows:

i. Each Party that desires to remain a Phase 2 Party shall make one or

more Payments to the Treasurer on or before July 31, 2022, or other date as determined by the

Board, in the amount of its Phase 2 Initial Payment as specified in Column E of Schedule 1.

ii. Each Phase 2 Anchor Community shall also make one or more Phase 2

Anchor Payments to the Treasurer on or before October 31, 2022, for Anchor Communities that

are municipalities and January 31, 2023 for Anchor Communities that are counties or such other

date in each case as may be determined by the Board, in an amount determined as specified

below, up to the maximum Phase 2 Anchor Payment specified for such

Anchor Community in Column F of Schedule 2. The aggregate total of all actual Phase 2 Anchor Payments shall equal the aggregate of the approved Phase 1 and Phase 2 expenditures specified in

Sections 7.b and 7.c, reduced by the aggregate total dollar amount of all Phase 1 and Phase 2 Initial

Payments and any other amounts received from sources intended for such purpose other than

Parties by July 31, 2022, or other date as determined by the Board, and further reduced by all Phase

1 Anchor Payments received by July 31, 2021, or other date as determined by the Board (“Phase

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2 Remaining Balance”). The actual Phase 2 Anchor Payment to be paid by each Phase 2 Anchor

Community shall be based on its proportionate share of the aggregate of all maximum Phase 2

Anchor Payments as specified in the “Total” Row of Column F of Schedule 2, multiplied by the

Phase 2 Remaining Balance, as adjusted to credit each Phase 1 Anchor Community for its

proportionate share of any Phase 1 Anchor Payments received by the Treasurer after July 31, 2021,

or other date as determined by the Board. The resulting actual Phase 2 Anchor Payment to be paid

by each Phase 2 Anchor Community shall be entered in Column G of Schedule 2 and shall be paid

to the Treasurer by each Phase 2 Anchor Community by October 31, 2022 or other date as

determined by the Board. In the event an Anchor Community’s Phase 2 Anchor Prepayment

exceeds its actual Phase 2 Anchor Payment obligation, the Treasurer shall refund the excess

prepayment.

iii. Except as provided in Section 7.e and 7.c.ii, no Phase 2 Initial Payment or

Phase 2 Anchor Payment will be refunded regardless of the actual Phase 1 or Phase 2

expenditures, and no additional Phase 2 Payments other than those specified

herein will be required of any Party absent such Party’s consent. The Board will determine how

any unused and uncommitted Phase 1 or Phase 2 amounts held by it will be spent in connection

with the Program.

d. If at any time an Anchor Community provides Notice to the Secretary that

it elects to withdraw as a Party to this Agreement or as an Anchor Community, or if an Anchor

Community fails to make any Phase 1 or Phase 2 Initial Payment or Anchor Payment as required

hereunder, or if an Anchor Community is otherwise deemed to have withdrawn from this

Agreement, the Secretary shall provide Notice to all Parties of the same and this Agreement shall

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terminate unless all remaining Anchor Communities, including any other Parties that then agree

to become Anchor Communities, reach agreement within 90 calendar days of such Notice as to

expenditures and future Anchor Community Payments.

e. If this Agreement is terminated, any unused and

uncommitted Payments or Phase 2 Anchor Prepayment held by the Agency or the

Treasurer shall be refunded to the Parties making the Phase 2 Anchor Prepayment

or otherwise based on their relative total Payments previously paid.

f. Any other or additional Phases approved by the Board in

addition to Phase 1 and Phase 2 will include such activities, expenditures and

Payment requirements as may be determined by the Board.

g. Notwithstanding anything to the contrary in this Agreement,

each Eligible Community shall be solely responsible for paying separately all costs

and expenses of providing notice within such Eligible Community as required by

Sections 54-17-905(1) and (6)(a) of the Act. 8. Commitments Subject to

Appropriation; Failure to Pay. All of the financial commitments made herein

by the Parties, as governmental entities, are subject to the appropriation of funds

approved by a Party’s governing body and the limitations on future budget

commitments provided under applicable Utah law, including the Utah Constitution.

In the event the governing body of a Party fails to make appropriations necessary

to satisfy the Party’s financial obligations hereunder, such failure to make an

appropriation shall not be considered a breach of the Agreement and such Party

shall endeavor to provide timely Notice of the same to the Secretary and to all

Parties of its withdrawal from this Agreement. In the event a Party otherwise fails

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to timely make any Payment required by this Agreement, the Board will notify such

Party of such non-payment and will provide 30 calendar days for such Party to

make the required Payment. If such Party fails to make any such required Payment,

the Agency may pursue all remedies available at law or equity (including the

judicial remedy of injunctive relief if applicable), and the Board may determine that

such Eligible Community will be deemed to have withdrawn from this Agreement

unless and until such Payment has been received.

9. Term. If not sooner terminated, the term of this Agreement shall be for 50

years from the Effective Date of this Agreement.

10. Amendment. This Agreement may not be amended except by written instrument

signed by all the Parties.

11. Notices. All notices, requests, demands, and other communications

hereunder (each, a “Notice”) to the Agency will be in writing and given by delivering a

copy, by certified U.S. Mail, return receipt requested, to the Secretary specified in Schedule

3, as the same may be updated from time to time. Notice may also be sent to the Secretary

via email as specified in

Schedule 3, so long as the Notice is followed up by written notice via U.S. Mail unless the

Secretary has provided written confirmation of receipt of such Notice. Notice information for each

Party shall be included on such Party’s signature page to this Agreement, and may be updated from

time to time by providing written Notice of the same to the Secretary. Notices received by the

Secretary will promptly be sent electronically by the Secretary to all officers and Board Members

of the Agency using such email address(es) as to which the Secretary has received Notice.

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12. Interlocal Cooperation Act Requirements. The Parties enter into this

Agreement pursuant to the Interlocal Cooperation Act. For the purpose of satisfying

specific requirements of the Interlocal Cooperation Act, the Parties agree as follows:

a. Approval Resolution. This Agreement shall be conditioned upon the

approval, execution and delivery to the Secretary of this Agreement by the Parties pursuant to and

in accordance with the provisions of the Interlocal Cooperation Act, including the adoption of

resolutions of approval if such resolutions of the legislative bodies of the Parties are required by

the Interlocal Cooperation Act.

b. Attorney Approval as to Form. In accordance with the provisions of Utah

Code Ann. §11-13-202.5(3), this Agreement shall be submitted to the attorney authorized to

represent each Party for review as to proper form and compliance with applicable law before this

Agreement becomes effective as to such Party or is delivered to the Secretary.

c. Repository. A duly executed copy of this Agreement shall be filed with the

keeper of records of each Party, pursuant to Utah Code Ann. §11-13-209.

d. Joint Board. As required by Utah Code Ann. § 11-13-207, the Parties agree

that the cooperative undertaking under this Agreement shall be administered by the Board.

e. Real and Personal Property. No real or personal property shall be acquired

jointly by the Parties as a result of this Agreement unless this Agreement has been amended to

authorize such acquisition. To the extent that a Party acquires, holds, or disposes of any real or

personal property for use in the joint or cooperative undertaking contemplated by this Agreement,

such Party shall do so in the same manner that it deals with other property of such Party.

f. Financing Joint Cooperative Undertaking; Budget. The functions to be

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performed by the joint or cooperative undertaking are those described in this Agreement. There

will be no financing of this joint or cooperative undertaking and no formal budget shall be

established or maintained. Each Party’s share of approved Agency expenditures shall be

established and paid in accordance with this Agreement.

13. Entire Agreement & Schedules. This Agreement constitutes the entire

agreement between the Parties regarding those subjects that are the subject matter of this

Agreement, and this

Agreement supersedes all prior agreements and understandings between the Parties pertaining

thereto. All schedules annexed to this Agreement are expressly made a part of this Agreement as

though completely set forth herein. All references to this Agreement, either in this Agreement

itself or in any of such writings, shall be deemed to refer to and include this Agreement and all

such schedules and writings.

14. Governing Law & Venue. The provisions of this Agreement will be

governed by and be construed in accordance with the laws of the state of Utah. Disputes

and other issues between the Parties arising out of or related to this Agreement will, to the

extent possible, be resolved by informal mediation. If informal mediation is unsuccessful

then the disputing Parties shall attempt to mediate the dispute before an acceptable

mediator. If the dispute is not successfully mediated or an acceptable mediator is not

selected within ten business days of a request for mediation then the dispute will be decided

by litigation in the Third Judicial District Court of Salt Lake County, Utah.

15. Waiver. No failure by any Party to insist upon strict performance of any

covenant, duty, agreement, or condition of this Agreement, or to exercise any right or

remedy consequent upon a breach thereof, will constitute a waiver of any such breach or

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of any other covenant, agreement, term, or condition of this Agreement. Any Party may,

by Notice delivered in the manner provided in this Agreement, but will be under no

obligation to, waive any of its rights or any condition to its obligations hereunder, or any

duty, obligation or covenant of the other Parties. No waiver will affect or alter the

remainder of this Agreement, but each and every other covenant, agreement, term, and

condition hereof will continue in full force and effect with respect to any other then existing

or subsequently occurring breach.

16. Severability. In the event that any condition, covenant, or other provision

hereof is held to be invalid, void, or unenforceable, the same will be deemed severable

from the remainder of this Agreement and will in no way affect any other covenant,

condition, or other provision herein contained. If such condition, covenant, or other

provision will be deemed invalid due to its scope or breadth, such provision will be deemed

valid to the extent of the scope or breadth permitted by law.

17. Ethics. The Board members shall, as applicable, comply with the

requirements of the “Municipal Officers and Employees Disclosure Act” (Part 13 of

Chapter 3 of Title 10 of the

Utah Code), the “County Officers and Employees Disclosure Act” (Chapter 16a of Title 17 of the

Utah Code), the “Public Officers and Employees Ethics Act” (Chapter 16 of Title 67 of the Utah

Code) and other applicable statutory provisions related to ethics and honesty in public government

service.

18. Counterparts. This Agreement may be executed in counterparts, each of

which will be deemed an original and all of which together will constitute one and the same

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instrument. Delivery of an executed signature page by e-mail transmission or electronic

signature shall be effective as delivery of a manually signed counterpart of this Agreement.

19. Third-Party Beneficiaries. There are no intended third-party beneficiaries

to this Agreement. Enforcement of the terms and conditions of this Agreement, and all

rights of action relating to such enforcement, shall be strictly reserved to the Parties, and

nothing contained in this

Agreement shall give or allow any claim or right of action by any third person under this

Agreement. It is the express intention of the Parties that any person, other than the Party who

receives benefits under this Agreement, shall be deemed an incidental beneficiary only.

20. Authorization. The individuals executing this Agreement on behalf of the

Parties confirm that they are duly authorized representatives of the Parties and are lawfully

enabled to execute this Agreement on behalf of the Parties.

IN WITNESS WHEREOF, each of the Parties, by resolution duly adopted, has caused this

Agreement to be signed and delivered. [Signatures begin after Schedules]

SCHEDULE 1

[Listed Entities/Original Weights/Initial Payments]

A B C D E Listed Entities: Original

Weight: Phase 1 Initial Payment [Due 7/31/21]

Phase 2 Initial Payment [Due 7/31/22]

1 Grand County 0.603 2,109.37 2,109.37 2 Salt Lake County 3.306 11,570.26 11,570.26 3 Summit County 3.074 10,759.97 10,759.97 4 Town of Alta 0.063 218.93 218.93 5 Bluffdale City 3.168 11,088.57 11,088.57 6 Town of Castle Valley 0.030 106.74 106.74 7 Coalville City 0.161 562.99 562.99 8 Cottonwood Heights 3.126 10,942.10 10,942.10 9 Emigration Canyon Township 0.130 456.22 456.22 10 Francis City 0.120 421.54 421.54 11 City of Holladay 2.682 9,387.72 9,387.72 12 Kamas City 0.212 743.49 743.49 13 Kearns 2.745 9,606.01 9,606.01 14 Moab City 0.639 2,237.95 2,237.95 15 Millcreek 5.263 18,421,40 18,421,40 16 Oakley City 0.149 520 520 17 Ogden City 10.211 35,737.26 35,737.26 18 City of Orem 8.863 31,019.52 31,019.52 19 Park City 1.926 6,742.38 6,742.38 20 Salt Lake City 28.872 101,050.33 101,050.33 21 Springdale City 0.138 481.26 481.26 22 West Jordan City 10.833 37,916.77 37,916.77

23 West Valley City 13.685 47,899.22 47,899.22 SUM 100.0 350,000.00 350,000.00

SCHEDULE 2

[Anchor Communities/Anchor Payments]

A B C D E F G Anchor

Communities Maximum Phase 1 Anchor Payment

Actual Phase 1 Anchor Payment

Phase 2 Anchor Prepayment

Maximum Phase 2 Anchor Payment

Actual Phase 2 Anchor Payment

1 2 3 4 5 6 7 8 TOTALS:

SCHEDULE 3

[Initial Officers/Contact Information/Payment Information]

Initial President: ______________________ ______________________ ______________________ ______________________

Phone: ________________ Fax: __________________ Email: ________________ Initial Secretary: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ Initial

Treasurer ______________________ ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________

Payment Information: ______________________ ______________________ ______________________ ______________________ ______________________

GRAND COUNTY

GRAND COUNTY

By _______________________________

Print:_____________________________ Its:_______________________________

Approved as to legal form: Attest: ___________________________ ___________________________________

Dated:___________________________

Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________

SALT LAKE COUNTY

SALT LAKE COUNTY

By _______________________________

Print:_____________________________ Its:_______________________________


Dated:___________________________

Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________

SUMMIT COUNTY

SUMMIT COUNTY

By _______________________________

Print:_____________________________ Its:_______________________________


Dated:___________________________


TOWN OF ALTA

TOWN OF ALTA

By _______________________________

Print:____________________________ Its:_______________________________


Dated:___________________________


BLUFFDALE CITY

BLUFFDALE CITY By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________


\ T

O

W

N

O

F

C

A

S

T

L

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V

A

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TOWN OF CASTLE VALLEY By _______________________________

Print:____________________________ Its:_______________________________

Approved as to legal form: Attest:

___________________________ ___________________________________

DATED:_________________________


Email: ________________

COALVILLE CITY

COALVILLE CITY By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________

Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________

COTTONWOOD HEIGHTS

COTTONWOOD HEIGHTS By _______________________________

Print:_____________________________ Its:_______________________________


DATED:_________________________


EMIGRATION CANYON TOWNSHIP

EMIGRATION CANYON TOWNSHIP

By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________


Email: ________________

FRANCIS CITY

FRANCIS CITY By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________


CITY OF HOLLADAY

CITY OF HOLLADAY By _______________________________

Print:____________________________ Its:_______________________________

Approved as to legal form: Attest:

Email: ________________

___________________________ ___________________________________

DATED:_________________________


KAMAS CITY

KAMAS CITY By _______________________________

Email: ________________

Print:____________________________ Its:_______________________________


DATED:_________________________


KEARNS METRO TOWNSHIP

KEARNS METRO TOWNSHIP By _______________________________

Print:____________________________ Its:_______________________________


Email: ________________

DATED:_________________________


Phone: ________________ Fax: __________________ Email: ________________

MOAB CITY

MOAB CITY By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________

Contact Information: ______________________ ______________________ ______________________ ______________________

MILLCREEK

MILLCREEK

Phone: ________________ Fax: __________________ Email: ________________

By _______________________________ Print:____________________________

Its:_______________________________ Approved as to legal form: Attest: ___________________________ ___________________________________

DATED:_________________________


OAKLEY CITY

Phone: ________________ Fax: __________________ Email: ________________

OAKLEY CITY By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________


ODGEN CITY

ODGEN CITY By _______________________________

Print:____________________________ Its:_______________________________

Phone: ________________ Fax: __________________ Email: ________________


DATED:_________________________


OREM CITY

OREM CITY By _______________________________

Phone: ________________ Fax: __________________ Email: ________________

Print:____________________________ Its:_______________________________


DATED:_________________________


PARK CITY

PARK CITY By _______________________________

Print:____________________________ Its:_______________________________


Phone: ________________ Fax: __________________ Email: ________________

DATED:_________________________


SALT LAKE CITY

SALT LAKE CITY By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________


DRAFT 2-17-21

SPRINGDALE CITY

SPRINGDALE CITY By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________


WEST JORDAN CITY

WEST JORDAN CITY By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________

Contact Information: ______________________ ______________________ ______________________ ______________________ Phone: ________________ Fax: __________________ Email: ________________ DRAFT

2-17-21

WEST VALLEY CITY

WEST VALLEY CITY

By _______________________________

Print:____________________________ Its:_______________________________


DATED:_________________________


Attachment C: Budget Guidance provided at 2/17 All Communities Meeting

Attachment D: Range of Summit County’s share of $700k non-noticing costs for Community Renewable Energy Program

~ $57,000 ( previously estimated to be $70k )

~ $21,519.95 to $57,000

~$21,519.95

Maximum Only anchors participate

= Baseline + maximum anchor payment

Possible final costs Participation is less than all 23 elig i ble

communities participating, but more than only anchors participating

= (Baseline + maximum anchor payment) – credits & adjustments from participating

communities

Minimum All 23 eligible communities participate

= Baselin e

Baseline participation payments and anchor payments are staggered and made over two years (or earlier, if desired)

1

Summit County

Council Update

Discussion of interlocal

governance agreement &

possible anchor commitment

March 10, 2021

2

Objectives for today’s presentation

Introduce and prepare the Council for upcoming decisions related to Summit County’s possible participation in the

Community Renewable Energy Program

Provide a recap of progress to date and information on the Community Renewable Energy Program

Introduce and review the draft interlocal governance agreement

These slides borrow heavily from

those used at the 2/17 All

Communities meetings.

Access the slides for the

government official meeting here.

Many thanks to the Salt Lake City

sustainability department for slide

content and design!

1

2

3

3

4 Introduce and review the anchor community concept

Overview of Decisions Ahead

1. Does Summit County become an official participating community in the Community Renewable Energy Program by signing the interlocal governance agreement?

2. If yes to (1), does Summit County want to participate as an anchor community?

4

3. If yes to (1), who does Summit County name as the primary and alternate Board members to represent Summit County in the agency formed by the interlocal governance agreement?

5 • o

6

Background: 100% Commitments & H.B. 411

• 100% renewable electrical energy commitments for both government operations and community-wide

• H.B. 411 was conceived as a result of a 2017 study by Energy Strategies (commissioned by Summit County, Park City, and Salt Lake City) to investigate strategies to get to 100% renewable energy

• 23 “Utah 100 Communities” are eligible to participate in the Community Renewable Energy Program

• The Community Renewable Energy Act (H.B. 411) was passed during the 2019 Utah Legislative session with Utah Code §54-17- 901 and R746-314 (PSC) rules to follow in 2020

• Since 2019 Summit County has collaborated with other communities to lay the foundation for launching the Community Renewable Energy Program

7

8

Eligible Utah 100 Communities

23 communities that passed 100% by 2030 resolutions by Dec. 31, 2019

Those that sign the governance agreement & make their payments will move forward in the participation process. Each participating community will name one primary and one alternate Board member.

• Commit by July 31, 2021 = able to vote

• Final date to commit = Jan. 31, 2022

The main board member must be an elected official, the alternate can be staff.

Agreement becomes effective once 5 communities sign it

This will form the “agency”

The agency has a Board

9

The agency, in partnership with RMP, consultants and regulatory experts, will develop and submit a program application to the Public Services Commission, including draft RFP language for eventually procuring renewable energy. PSC approval will mean the Community Renewable Energy Program can launch and the agency can procure resources.

Estimated start-up costs:

$700,000

Cannot be shifted to nonparticipating customers

$700,000

Estimated start-up “non-noticing” costs to pay for development of the program application, consultants, and fees to the Public Services Commission

How will these costs be shared? Split among the

participating communities in two payments, over two years. Each community’s share is based on

their original “participation percentage” weight – 50% based on population and 50% based on

electric load in 2019.

Non-noticing costs estimate for Summit

County: $21,519.95

This is the minimum, or baseline, amount we can anticipate being responsible for

How do we ensure the costs will be covered and account for communities that decide not to participate? “Anchor communities” commit to paying more to raise the $700k and will be credited back as more communities join. A “backstop” mechanism.

10

Based on conversations to date, if Summit County and other interested anchor communities commit,

Summit County’s maximum non-noticing costs could be

~$57k.

Range of Summit County’s share of $700k non-noticing costs for Community Renewable Energy Program

11

~ $57,000 ) ( previously estimated to be $70k

~ $21,519.95 to $57,000

~$21,519.95

Maximum

Only anchors participate

= Baseline + maximum anchor payment

Possible final costs

Participation is less than all 23 eligible communities participating, but more than only

anchors participating

= (Baseline + maximum anchor payment) –

credits & adjustments from participating communities

Minimum

All 23 eligible communities participate

= Baseline

Baseline participation payments and anchor payments are staggered and made over two years (or earlier, if desired)

12

13

Voting

Pre-Implementation Post-Implementation

Voting Voting

Effective Date – July 31, 2021

August 1, 2021 Submittal

Submittal – Order

Order – End of Implementation

Period

After Implementation Period

Simple Community Majority Vote



Simple Community Majority

Vote

Program Design Vote

- Supermajority of Communities

- Majority of Electric Load

Option for Weighted Vote




Renewable Resource Vote (<10%)

- Majority of Communities

- Majority of Electric Load

14

Participation Percentage =

Average of Population & Electric

Load

Participation Percentage = Phase

1 Payment Obligation

Participation Percentage =

Phase 2 Payment Obligation

Participation Percentage = Phase 2 Payment Obligation

Renewable Resource Vote (�10%)

- Supermajority of Communities

- Supermajority of Electric Load

Payment Timeline

2021

• March 2021: Distribute final agreement with listed

anchor communities; takes effect when 5 sign the

agreement

• By July 31, 2021: For communities who want to be able

to vote, sign on and Phase 1 initial payments due

• By Oct 31, 2021 for Anchor Communities that are

municipalities: Phase 1 anchor payments due

2022-2023

• By Jan 31, 2022 for Anchor Communities that are counties: Phase 1 anchor payments due • By Jan 31, 2022: For those who want to wait and see, this is the last chance to sign on and make the Phase 1 payment • By July 31, 2022: Phase 2 initial payments due • By Oct 31, 2022 for Anchor Communities that are municipalities: Phase 2 anchor payments due, adjusted for Phase 1 actual payments • By Jan 31, 2023 for Anchor Communities that are counties:

15

Phase 2 anchor payments due, adjusted for Phase 1 actual payments

Noticing costs estimate: $10,591.46. Two mailers to customers once program is launched. 2023 or

2024?

Potential Program Next Steps

2021

March

• Governance agreement finalized and ready to be signed. Effective once five communities sign

May/June

• Begin engaging RMP to develop Utility Agreement?

Through the end of 2022

• Develop program application and draft RFP language

2022

January

• Participating communities sign Utility Agreement?

16

• Submit joint program application to the PSC?

September

• PSC approves program application?

December

• Issue Request for Proposals (RFP) for new renewable energy resource?

Decisions ahead

Decision Pros Cons Recommendation

(1) Does Summit County become an official participating community in the Community Renewable Energy Program by signing the interlocal governance agreement?

• On path to meet renewable energy goals

• If by July 31st, ensures voting role

• Signals broad support to all eligible communities and those within Summit County (Coalville, Oakley, Kamas, Francis)

• Promotes the value of time and resources already invested

• Avenues to back out still available

• Financial resources must be invested

• Many details of the program are yet to be determined.

Staff recommends that Council consider approving Summit County becoming an official participating community so the County can continue to shape the program

17

(2) If yes to (1), does Summit County want to participate as an anchor community?

• Helps secure continuation of program • Increases the likelihood that other interested

communities will decide to become anchors • Leadership and follow through

• Increases costs to Summit County

• Exposes Summit County to uncertainty regarding net cost

Staff recommend that Council consider approving Summit County to join as an anchor community to further ensure program success

Decision Considerations Recommendation

(3) If yes to (1), who does Summit County name as the primary and alternate Board members to represent Summit County in the agency formed by the interlocal governance agreement?

•

• •

Primary Board member must be an elected official Alternate can be staff Continuity through 2022-2023 ideal

Staff recommend that Council members consider individually and together which Council member would be a good fit as the primary Board member. For the alternate Board member, staff recommend the Council consider naming the sustainability program manger for this role, supported by a member of the legal team

Memorandum:

Date: March 10, 2021 To: Council Members From: Nancy Hooton Re: Snyderville Basin Planning Commission Appoint two members to serve on the Snyderville Basin Planning Commission. Terms of service to expire February 28, 2024. Council interviewed the following applicants on March 10, 2021: Ryan Dickey *reapplying John Kucera *reapplying Joerg Ruegemer

Memorandum:

Date: March 10, 2021 To: Council Members From: Nancy Hooton Re: Eastern Summit County Planning Commission Appoint two members to serve on the Eastern Summit County Planning Commission. Terms of service to expire February 28, 2024. Council interviewed the following applicants on March 10, 2021: Don Sargent *reapplying Dakody Gines Barry Blazzard Alex Peterson

STAFF REPORT

To: Summit County Council From: Ray Milliner, County Planner Date of Meeting: March 10, 2021 Type of Item: Public Hearing / Possible Action Subject: Development Code Amendment

Recommendation: Staff recommends that the Summit County Council review the proposed Development Code Amendment to create a Neighborhood Mixed Use Zone conduct a public hearing and adopt the attached ordinance. Background

The applicant is requesting that the County Council continue its discussion on the Neighborhood Mixed Use zone (NMU-1). To date the Council has conducted four public hearings on the project June 5, 2020, July 15, 2020, August 19, 2020, and September 9, 2020, and one work session on March 4, 2020. The NMU-1 zone was created and presented to the Planning Commission by Staff in July of 2017. To speed the process, a private developer submitted an application for an amendment to the Snyderville Basin Development Code to create the NMU-1 zone in 2018. The Snyderville Basin Planning Commission forwarded a positive recommendation to the County council on November 20, 2019. Purpose The purpose of the Neighborhood Mixed Use (NMU-1) zone is to prevent the challenges caused by urban sprawl. If implemented correctly, it will provide the County with solution-based urban design practices and limit the damage caused by unsustainable development. The zone is intended to support human interaction, environmental stewardship, public health, and economic growth. Benefits of The NMU-1:

1. Decreased Reliance on Transportation: The process promotes alternative transportation with an emphasis on walkability. This helps reduce pollution, keep congestion down, and enables a healthier, more active lifestyle.

2. Increased Economic Viability: Lower costs per capita, increase of tax base, as well as numerous other benefits which add to a healthier economy.

3. Improved Community Health: An emphasis on mixed-use design and similar concepts provides a healthier and more engaging life. It also helps promote safer planning.

4. Environmental Stewardship: These Regulations encourage green transportation and promote various sustainable building methods. This will help the County achieve a greater level of sustainability.

Process To apply for a rezone to the NMU-1 zone there are certain criteria that a property owner must meet. These criteria were created to ensure that the zone is placed in the most appropriate locations. Criteria include:

1. Property must be in a location that is shown on the Snyderville Basin General Plan Future Land Use Map as “Mixed Use.”

2. The property(s) must be adjacent to (or a redevelopment of) existing commercial, mixed-use, or Institutional/civic Development.

3. The property(s) must be located along an existing transit system or as a condition of approval, receive a commitment to provide service from the County Regional Transportation Planning Director.

If it is determined that the property meets all these criteria, then the developer may apply for a rezone. As part of that rezone, the developer would be required to apply for a Master Planned Development (MPD). The MPD submittal would require a site plan showing all the proposed development, a site design narrative explaining the rationale for the project, an environmental narrative explaining what exactly is being done to promote good environmental stewardship and any subdivision plats that would be necessary. Once all the eligibility criteria are met and the rezone/MPD applications are submitted, then the project would be reviewed by staff, taken to the planning commission for work sessions, public hearings, and a recommendation to the County Council, who would then conduct work sessions, public hearings and make a final decision. It is important to note that rezones are a legislative act, meaning the County Council has the final say on whether or not the project is approved or denied. Analysis: Section 10-7-3 of the Snyderville Basin Development Code states that whenever there is initiated an amendment to the Code, it must be reviewed by the Planning Commission who will deliver a recommendation to the County Council. The County Council, after holding a public hearing, shall approve, approve with modifications, or deny the amendment according to the following criteria. Criteria 1: The amendment shall be consistent with the goals, objectives, and policies of the general plan. COMPLIES

Analysis: The following Goals and Policies of the General Plan apply to this amendment: OBJECTIVE A: Encourage the creation of highly livable neighborhoods and mixeduse areas that are connected by open spaces and multi-modal transportation systems. Policy 2.1: Identify, plan, and create neighborhood master planned specific areas where development/redevelopment should occur. These designated areas should be rezoned accordingly.

OBJECTIVE B: Incentivize compact, dense, and nodal development, defined by abundant and contiguous open spaces, as well as a predictable process to achieve this goal through clear regulations in the Snyderville Basin Development Code.

OBJECTIVE C: Create Zoning Districts that match existing development and/or promote desired future development. Policy 2.13: Create new mixed-use, inclusive neighborhoods within existing development areas and/or future designated redevelopment areas. Policy 2.14: Identify specific nodes where development and/or redevelopment will be encouraged and zone these areas accordingly. OBJECTIVE D: Ensure future development is well designed and appropriately located. Policy 2.17: Within defined mixed-use areas, a range of uses should be supported that are appropriate for each individual location and neighborhood, and may include small scale retail, offices, business and personal services, schools, and parks designed to meet the needs of the neighborhood. Policy 2.18: Identify specific areas where mixed use areas may be appropriate in order to preserve natural open spaces and vistas, prevent urban sprawl, and 7 promote the mountain resort community through managed growth. These areas should contain an appropriate mix of residential and commercial development as well as recreational opportunities that provide connections to existing and future community trails and transit facilities. Policy 2.21: Encourage locally based and neighborhood commercial businesses. Policy 2.23: Identify appropriate areas for light industrial/service commercial activities to meet the needs of local businesses and development activities. Light industrial/service commercial activities should be discouraged along scenic corridors or at community gateways. Policy 2.25: Strongly discourage roadside or strip commercial development where there is continuous or intermittent linear development generally one store deep, one or more access points for separate properties and with highly visible parking located between the road and the building. Policy 2.26: Discourage large scale commercial “one story” structures.

The proposed amendments to the Snyderville Basin Development Code clarify the process for appeals in the Code and brings it into conformance with current County practices and what has been the practice of Courts of Law. The changes make the procedures in the Code clear and easy to understand.

The proposed language was created specifically to address the goals and objectives written in the current version of the Snyderville Basin General Plan. Criteria 2: The amendment shall not permit the use of land that is not consistent with the uses of properties nearby. COMPLIES

Analysis: Provisions have been made in the Performance Standards in the language to ensure that adjoining properties will not be negatively affected.

Criteria 3: The amendment will not permit suitability of the properties affected by the proposed amendment for the uses to which they have been restricted. COMPLIES

Analysis: The amendment will not permit suitability of the properties affected by the proposed amendment to the uses to which they have been restricted.

Criteria 4: The amendment will not permit the removal of the then existing restrictions which will unduly affect nearby property. COMPLIES

Analysis: The proposed Code language does not remove any existing restrictions that would unduly affect nearby property owners.

Criteria 5: The amendment will not grant special favors or circumstances solely for one property owner or developer. COMPLIES

Analysis: Staff finds no evidence that these regulations would constitute a special favor or create a favorable circumstance for a single property owner, as the NMU-1 zone would be available for any property owner who meets the minimum eligibility requirements.

Criteria 6: The amendment will promote the public health, safety and welfare better than the existing regulations for which the amendment is intended to change. COMPLIES

Analysis: The proposed changes are consistent with County Council goals of creating well managed and well-designed neighborhoods, promoting additional affordable/employee housing, and mitigating traffic impacts caused by development. Performance standards established in the zone will require

developers to address connectivity, sustainability, parking, open space, transportation, and other mitigating issues that will have a positive effect on the County population.

Recommendation: Staff recommends that the Summit County Council review the proposed Development Code Amendment to create a Neighborhood Mixed Use Zone conduct a public hearing and adopt the attached ordinance. Findings of Fact

1. The applicant is requesting an amendment to the Snyderville Basin Development Code to create a Neighborhood Mixed Use zoning district (NMU-1).

2. The NMU-1 zone is a concept that was initially created and presented to the Planning Commission by Staff in July of 2017.

3. Because the process was not moving forward (due to other staff priorities and responsibilities) the applicant took the NMU-1 draft, modified it, and applied to amend the Development Code.

4. The Commission reviewed the proposal as a standalone document at a work session on April 23, 2019 and June 11, 2019.

5. The Planning Commission conducted a public hearing on August 27, 2019 and on September 24, 2019.

6. On November 20, 2019, the Planning Commission forwarded a positive recommendation to the County Council.

7. On June 4, 2020, July 15, 2020, August 19, 2020, September 9, 2020, and March 10 , 2021 the County Council conducted public hearings for the NMU zone amendments.

8. The General Plan identifies several current and future mixed-use neighborhoods in the Snyderville Basin.

9. The General Plan contemplates the creation and adoption of zoning tools to guide future development in these areas.

Conclusions of Law:

1. The amendment is consistent with the goals, objectives, and policies of the General Plan.

2. The amendment will not permit the use of land that is not consistent with the uses of properties nearby.

3. The amendment will not permit suitability of the properties affected by the proposed amendment for the uses to which they have been restricted.

4. The amendment will not permit the removal of the then existing restrictions which will unduly affect nearby property.

5. The amendment will not grant special favors or circumstances solely for one property owner or developer.

6. The amendment will promote the public health, safety and welfare better than the existing regulations for which the amendment is intended to change.

Attachments

Exhibit A - Proposed Ordinance

SUMMIT COUNTY, UTAH ORDINANCE NO. 912

AN ORDINANCE CREATING SECTION 10-2-17 THE NEIGHBORHOOD MIXED USE ZONE

(NMU-1) IN THE SNYDERVILLE BASIN DEVELOPMENT CODE

PREAMBLE

WHEREAS, Utah Code Annotated (“UCA”) §17-27a-102(b) provides that counties can enact all ordinances that they consider necessary or appropriate to govern, among other things, land uses; and,

WHEREAS, Policy 2.5 of the Snyderville Basin General Plan states that language from the Code include clear, predictable, and measurable standards; and

WHEREAS, in furtherance of this goal, §10-1-1(D) of the Summit County Code

(“Code”) states that the intention of the county is to assure the managed, proper and sensitive development of land to protect and enhance these desired qualities and the lifestyle that exists; and,

WHEREAS, the creation of the NMU-1 zone is an important component in

promoting and reaching these goals and policies; and, WHEREAS, the requirements and performance standards in the NMU-1 zone are

written specifically to promote the goals and objectives in the Snyderville Basin General Plan; and,

WHEREAS, the Snyderville Basin Planning Commission held a public hearing on

September 24, and August 28, 2019; and

WHEREAS, the Snyderville Basin Planning Commission recommended adoption of the amended sections of the Snyderville Basin Development Code on October 9, 2019; and

WHEREAS, the County Council held a public hearing on June 5, 2020, July 15,

2020, August 19, 2020, September 9, 2020 and March 10, 2021; and,

NOW, THEREFORE, the County Council of the County of Summit, State of Utah, ordains as follows:

Section 1. SNYDERVILLE BASIN DEVELOPMENT CODE The Snyderville Basin Development Code is amended as depicted in Exhibit A.

Section 2. Effective Date. This Ordinance shall take effect immediately after

publication.

Enacted this ___ day of_____. ATTEST:

SUMMIT COUNTY COUNCIL

Kent Jones __________________________ Summit County Clerk Glen Wright, Chair APPROVED AS TO FORM __________________________ David L. Thomas Chief Civil Deputy

VOTING OF COUNTY COUNCIL:

Councilmember Stevens ________ Councilmember Robinson ________ Councilmember Clyde ________ Councilmember Armstrong ________ Councilmember Wright

________

SECTION 10-2-17

Neighborhood-Mixed Use-1 (NMU-1) Zone

A. Purpose: The purpose of the Neighborhood Mixed-Use 1 (NMU-1) Zone is to create new Development and redevelopment areas that are:

• Compact, • Mixed use, • Pedestrian-focused, and • Transit-oriented • Performance-based.

The desired development pattern of the NMU-1 Zone shall be facilitated through flexible site and community design principles that:

• Provides a mix of land uses that are compatible, mutually supportive, and efficiently served by a variety of multi-modal transportation options,

• Results in: a mix of land uses that are compatible, mutually supportive, well connected through a variety of transportation options.

• Establishes convenient, safe, direct, and well-connected transit and pedestrian linkages,

• Results in: convenient, safe, direct, and well-connected transit and pedestrian linkages,

• Reduce the need for parking, • Results in: A reduction in the need for parking, • Clusters Development to create functional and aesthetically pleasing public

realm, including but not limited public spaces, plazas, and outdoor amenity areas; and

• Results in: Compact development that creates public spaces, including but not limited to plazas and other outdoor amenity areas; and

• Achieves sustainable infrastructure and building design consistent with best practices (as stated in Section 11 of this Chapter).

• Results in: Sustainable infrastructure and building design consistent with best practices.

B. Uses: Uses in the NMU-1 zone are limited to the Following: Allowed Uses

1. Bars, Taverns, clubs 2. Dwelling Unit, Multi-Family 3. Home Based Business, Class 1 (see Section XX) 4. Live-Work Unit 5. Mixed Use Structure 6. Mobile Food Business 7. Open Space 8. Park, Community 9. Park, Neighborhood 10. Recycling Facilities, Class I 11. Solar Array, Minor 12. Telecommunication Facilities, Co-location 13. Trails, Community Wide 14. Trailhead Parking 15. Offices, General 16. Retail Sales, Convenience Store 17. Retail sales, Food, less than 50,000 sf in size, no Drive-Through 18.

Retail Sales, General, less than 10,000 square feet in size Low Impact Uses

1. Banks and Financial Services, no Drive-Through 2. Building and Maintenance Services 3. Childcare Center 4. Construction Management Office 5. Construction Services, Contract 6. Cultural Activity 7. Dwelling Unit, Employee 8. Funeral Services 9. Healthcare Facilities 10. Home Based Business, Class II (see Section XX) 11. Indoor Entertainment such as bowling alleys, skating rinks, movie

theaters, performing arts center 12. Laundromat 13. Offices, Medical and Dental 14. Personal Improvement Services

15. Personal Services 16. Property Management Offices, Check-in 17. Public Community Event Center 18. Recreation and Athletic Facilities, Commercial 19. Rehearsal or Teaching Studio for creative, performing and/or martial arts

with no public performances 19. Restaurant, Deli or Takeout (no drive through) 20. Restaurant Full Service 20. Telecommunication Facilities other than Co-location or Stealth 21. Telecommunication Facilities, Stealth 22. Trails, Neighborhood 23. Transportation Services 24. Utility Facilities, Above Ground 25. Utility Facilities, Major 26. Utility Facilities, Underground 27. Veterinarian Conditional Uses

1. Churches, Schools, Institutional uses 2. Commercial Event Center 3. Hazardous Liquids or Materials Transmission Pipelines 4. Historic Structures, preservation of, including related Accessory and

supporting Uses 5. Hotel, Motel, or Inn 6. Mobile Food Court 7. Nursing Home 8. Office, Intensive 9. Open Recreation Uses, Commercial 10. Park and Ride Lot 11. Parking Lot, Commercial 12. Public Facilities 13. Recreation and Athletic facilities, Private 14. Recreation, Public 15. Retail sales, General, larger than 10,000 sf less than 50,000 sf in size

Temporary Uses

1. Temporary Use or Structure B. Rezoning Eligibility: Properties must meet all the following criteria to be eligible for consideration for a rezone to NMU-1: 1. The property(s) must be designated for mixed-use on the Snyderville Basin

General Plan, Future Land Use Map; 2. The property(s) must be adjacent to (or a redevelopment of) existing

commercial, mixed-use, or Institutional/civic Development: 3. The property(s) must be located along an existing transit system or as a

condition of approval, receive a commitment to provide service from the County Regional Transportation Planning Director.

4. Property subject to the terms and conditions of any prior Development Agreement, Settlement Agreement or similar instrument shall remain subject to those terms and conditions until such time as the prior agreement expires or is amended.

C. Rezoning and Master Planned Development: A proposal for a rezone to the NMU-1 Zone shall be processed concurrently with a Master Planned Development application subject to Section 10-3-16 of this title. D. Affected Properties: All rezoning applications to the NMU-1 Zone shall include all contiguous holdings by the Owner, unless specifically waived by the Planning Commission, as well as land in the “same ownership.” If the Property is under contract for sale, the application shall specify the contract Owner of the Property and the date a contract of sale was executed. In the event corporations are involved, a copy of the resolution legally empowering the Applicant to make application shall be provided with the Application. E. Density: The maximum Density in the NMU-1 shall be determined by the ability of the proposed development to meet all required development and performance standards and criteria set forth in this title. G. Setbacks: Unless otherwise exempted by this title, all Setbacks in the NMU-1 Zone shall be established at the time of the Master Planned Development approval. permitted through the Master Planned Development process, setbacks in the NMU Zone shall be as follows:

Front Setback

The minimum Front Setback is twenty feet (20') for all Structures. The twenty-foot (20') Front Setback may be reduced to ten feet (10'), provided all on-Site parking is at the rear of the Property or is in structured parking.

Front Setback if property line extends to the centerline of a road

The minimum Front Setback is fortyfive feet (45') for all Structures. The forty-five-foot (45') Front Setback may be reduced to twenty feet (20'), provided all on-Site parking is at the rear of the Property or is in structured parking. All Structures and improvements, excluding driveways, are to be fully contained on the Lot.

Side Setback

The minimum side setback is ten feet (10’).

Rear Setback

The minimum Rear Setback is ten feet (10’).

Wetland Setback

40’ from delineation line as defined by the Army Corps of Engineers

East Canyon Creek Setback

150’ from centerline

River or Perennial Stream Setback

100’ from centerline

Lake or Natural Pond Setback

50’ from High Water Mark

Designated Roadway Setback, Highways 224, 40, 248, and Interstate 80

100’ from the edge of the Right of Way

Frontage Road Setback, including, but not limited to Kilby Road, Rasmussen Road, Bitner Road, North Pace Frontage Road, and US-40 Frontage Road

60’ from the edge of the Right of Way

On a Corner Lot, one minimum Front Setback and one minimum side Setback is required with the following provisions:

a. Any frontage with a driveway leading to a garage or Parking Space

shall have a Front Setback.

b. On any Corner Lot, a clear view area must be maintained. This is a triangular area formed by the property lines abutting the street and a line connecting them at points twenty-five (25) feet from the intersection of the property lines. No obstruction to view more than three (3) feet in Height shall be placed in the clear view area, including walls, Fences, Structures, signs, trees, shrubs, or hedges. When topography presents a clear view, the area shall be graded to provide visual clearance.

H. Height: Unless otherwise permitted through the Master Planned Development (MPD) process, the maximum building height in the NMU-1 Zone shall be forty-five feet (45’). Exception: The County Council may grant a height exception up to a maximum of 60 feet to accommodate affordable housing and/or structured parking through the MPD process. For any Building abutting a Detached Single-Family Dwelling Unit, the maximum height is limited to forty-five feet (45') and may not be increased through any process. Step back Requirement: Floors rising above thirty-five feet (35') in height shall be stepped back fifteen (15) horizontal feet from the building foundation at grade for building elevations that are facing a public street, public trail, or public open space. This step back does not apply to balconies on buildings with floors rising above thirty-five feet (35') in height. I. Performance Standards: In addition to compliance with all Master Planned Development criteria set forth in Section 10-3-16 of this title, the following performance criteria shall apply to the NMU-1 Zone.

1. Open Space: Unless otherwise approved through the Master Planned

Development process, all Master Planned Developments in the NMU-1 Zone shall provide twenty five percent (25%) of the project area for outdoor space, plaza. pathways, and/or trails and open Space.

2. Mixed Use: Unless otherwise approved through the MPD process, all Master Planned Developments in the NMU-1 Zone shall have a minimum of three land uses (residential, commercial, office, recreation, civic, etc.) integrated into the project area. A range of different uses along the street, as well as diversity in building design and scale is encouraged wherever practicable.

3. Limitation on Direct Retail Sales: Unless otherwise approved through the Master Planned Development process, no single retail use may exceed 50,000 square feet.

4. Single-Story Commercial Building Standards Unless otherwise approved by the County Council through the Master Planned Development process, no singlestory commercial structures greater than 900 1,000 square feet are permitted it the NMU-1 Zone.

5. Access to Public Transportation: All Master Planned Developments in the NMU1

Zone shall provide facilities to promote the use of alternative public transportation options such as transit services, neighborhood circulators, employee shuttles, car share, bicycle share, and bicycle and pedestrian infrastructure. Unless otherwise permitted through the Master Planned Development process, all Master Planned Developments in the NMU-1 Zone shall provide a Transit Center, transportation stops and/or other improvements to access to the public transit system necessary to meet the needs of the Development. Unless otherwise permitted through the Master Planned Development process, all Transit Centers shall include a building with a waiting area, restrooms, bicycle lockers, and bike racks. All transportation stops shall include shelters and bicycle racks to meet the needs of the neighborhood. The gross square footage associated with Transit Center buildings shall not be counted towards the project Density. The gross square footage of any commercial uses within a Transit Center building shall count towards the project Density.

6. Neighborhood Connectivity: All Master Planned Developments in the NMU-1 Zone shall provide a means of direct, continuous, convenient, and safe pedestrian and bicycle linkages within the project area as well as connections to adjacent/off site sidewalk, pathway, and trail systems. Wherever possible, the

Developer shall separate pedestrian and bicycle linkages from vehicular areas without disrupting the pedestrian way.

7. The Public Realm: All Master Planned Developments in the NMU-1 Zone shall provide a project-specific Public Realm Plan for the integration of a functional, safe, healthy, and quality environment for all areas to which the public has access including but not limited to streets, plazas, parking areas, sidewalks, pathways, and associated green spaces. The design of all utilities, infrastructure, and signs/wayfinding shall be included with the plan.

8. Parking:

A. Residential Uses: Unless otherwise modified by the Master Planned Development process, residential parking shall comply with Section 10-4-9 of this title.

B. Non-Residential Uses: The base parking ratio shall be three and one-half (3.5)

off street parking spaces per each one thousand (1,000) square feet of nonresidential space.

Exception: Parking that exceeds or is less than 3.5 off street parking spaces per 1,000 square feet of non-residential area may be permitted by the Summit County Council as part of a Master Planned Development only after the applicant submits a parking study for comparable uses which demonstrates that a higher/lower demand can be anticipated.

a. When reviewing a request to exceed or reduce the overall parking

requirement the County Council shall consider:

i. Structured parking. ii. Requiring spaces for van pooling

iii. Carpool spaces iv. Covered bike parking v. Site location as it relates to transit vi. Shared Parking vii. Other conclusions from the Parking Study viii. The change in parking shall not result in adverse impacts to

public walkways, plazas, or other pedestrian circulation areas.

C. Parking Design: To minimize the potential adverse visual impacts of exterior parking, the following requirements shall apply to all parking areas:

1. Off-street parking areas shall be located to the rear of the building where

possible and be designed to facilitate and optimize the traffic and pedestrian flow of the development. Single purpose uses exceeding 10,000 square feet shall be permitted to design parking to the front façade provided exterior parking lots, parking structures are hidden from view from most primary streets and crossings serving the project and do not create unsafe pedestrian conditions.

2. Where possible, parking structures shall be designed to have the appearance of horizontal storied buildings that reflect the character of adjacent buildings.

3. Storefronts are encouraged to be located on the street level and designed to create street scape.

4. Parking facilities are part of the public realm and therefore shall be readily accessible by pedestrian/bicycle linkages and associated facilities.

5. Structured parking is encouraged in the NMU zone. Structured parking design and space count shall consider project access, circulation, convenience, and practicality and be required to conform to the parking guidelines in the NMU Zone.

6. Developers are encouraged to utilize innovative parking reduction techniques such as shared parking, structured parking, smaller stalls, car stackers and valet parking.

7. Bicycle parking shall be provided. Bicycle parking shall be consistent with the Summit County Bicycle Parking Standards, Guidelines and Regulations.

9. Architecture and Building Construction: The project architecture shall foster a

distinct neighborhood character and sense of place. Designs shall be context based, climate responsive and sensitive to the unique landscape and topography of the site. While new structures are not required to mimic historic structures or themed designs, buildings in the NMU-1 Zone should reflect local and regional practices regarding materials, and roof forms, fenestration, textures, and colors. Streetscapes should respond to the human, pedestrian scale rather than the automobile. Architecture that relies on standardized corporate designs, mechanical climate control and automobile accessibility is strongly discouraged.

10. Sustainability: Projects shall be socially, economically, and environmentally

sustainable. Buildings should be designed, oriented, and constructed to maximize the potential for improved efforts regarding:

a. connectivity

b. energy efficiency c. on-site energy generation d. solar orientation, natural light, and ventilation e. thermal and light reduction f. sustainable materials g. water efficient landscaping

11. Site topography: The project shall be designed to incorporate existing site

topography into its design features and to practice sustainable excavation and site work that minimizes import and export of materials. Final project grades and elevations may be established as part of the development application and determined through the MPD process.

Public Comment and Public Hearing Instructions 3/10/2021

If you would like to make public comments on any public hearing item, or an item not on the agenda, please email [email protected] by 12:00 p.m. on Wednesday, March 10th. Your comments will be read to the Council and made part of the meeting record. If you are wishing to interact with Council during Public Input and/or the Public Hearing at 6:00 p.m., please:

1. Go to https://zoom.us/j/772302472 2. Enter meeting ID: 772-302-2472 3. Type in your full name, so you are identified correctly. 4. Set up your audio preferences. 5. You will be muted upon entering the meeting. 6. If you would like to comment, press the “Raise Hand” button at the bottom of the chat window. 7. When it is your turn to comment, the moderator will unmute your microphone. You will then

be muted again after you are done speaking.

Amir Čauš County Planner

1 Amendment to Amended and Restated Development for the Canyons Specially Planned Area (Colony Amenities and Support Facilities) – March 10, 2021

STAFF REPORT To: Summit County Council From: Amir Caus, County Planner Date of Meeting: March 10, 2021 Type of Item: Development Agreement Amendment, Possible Action Process: Legislative

Project Description

Project Name: Amendment to Amended and Restated Development Agreement

for the Canyons Specially Planned Area (“SPA”) (Colony Amenities and Support Facilities)

Applicant(s): Kelly Simons representing the Colony HOA and John O’Connell representing Iron Mountain Associates

Property Owner(s): The Colony HOA and Iron Mountain Associates Location: White Pine Canyon Road, Colony, Summit County, UT Zone District: Canyons Specially Planned Area (SPA) Parcel Number and Size: CWPC-F-2AM (2.48 acres), CWPC-A1-3AM (3.60 acres), CWPC-

A23AM (2.23 acres), CWPC-7-EA-B-AM (0.89 acres), CWPC-3A-A-AM (0.90 acres), CWPC-4B-A (0.70 acres), CWPC-4B-B (2.30 acres), CWPC-4C-LWM-B-AM (4.42 acres), CWPC-4ELK-5-A (15.88 acres), and CWPC-5DML-A (1.48 acres)

Type of Process: Legislative Final Land Use Authority: Summit County Council Proposal The applicants are requesting to be allowed conversion and improvement of 61,278 sq. ft. of non-residential uses on certain parcels within the Colony Development. The requested uses include but are not specifically limited to employee housing to private maintenance facilities and private HOA lodge facilities which include dining, tennis courts, pool facility, and other amenities. The applicant believes they may have the right to construct the density and uses discussed in this application without a Substantial Amendment to the SPA as defined in Section 5.13 of the Development Agreement. However, the Community Development Director made



the determination that a Substantial Amendment to the SPA and in particular, the Land Use and Zoning Chart (“LUZ”) found in Exhibit B was required. This application ensued. Background and Analysis Density in the Canyons Specially Planned Area as adopted and set forth in the Amended and Restated Development Agreement for the Canyons Specially Planned Area (SPA) was derived using the Matrix system (1998 Code) in which the Snyderville Basin Planning Commission and Summit County Board of County Commissioners (now Summit County Council) determined the overall density increase (over base density) based upon the community benefits provided. Open space was a major part of the community benefits as was golf and economic growth among other things. The concept with density was to provide bed base to support the resort, limit single-family full-time residences and provided sufficient commercial areas to support the resort operations. The density granted in the SPA was finite and fixed based upon the Land Use and Zoning Chart (LUZ) which was Exhibit B to the SPA. Within that LUZ every participating parcel owner and property was granted two things: density and uses. “Density” is defined in the SPA as “the maximum gross building area permitted for each parcel as shown in Exhibit B.2. [LUZ]”. “Residential Unit(s)” are defined as “a dwelling unit which may be used as a primary residence. The location and number of residential units is established in Exhibit B.2. [LUZ]”. The Colony joined the SPA early on (1998) and was granted base density (1 unit per 20 acres) with the obligation to accept some transferred density for 20 additional single-family homes. The use was for residential single-family homes. One of the few allowed in the SPA. Nothing else. When the Colony was originally approved as part of the Canyons SPA, the density was calculated on base zoning, rather than through the SPA process of increasing density through the Matrix system of community benefits. The project consisted of 4,321 acres and was approved for a total of 183 lots, an average of one (1) unit per 23.6 acres. This number was determined from base density for the various zones in place, and the limitations for development on sensitive lands. Through a number of Development Agreement Amendments and Transferred Development Rights (TDRs) the total density in the Colony came to 274 residential units. As of August 2019, all density in the Colony has been platted and utilized. Ordinance 333 (Rezone)(July 6, 1998); Section 5. Permitted Uses and Residential Densities.



a. The Canyons Phase I. The Grand Summit Hotel, the Sundial Lodge, the Forum, the Pedestrian Plaza, the T-1 Village Station, a Resort Services Building, and resort transportation services, all to be located within the Resort Core and Center, and miscellaneous ski area services to be located “on mountain.”

b. The Colony.

1. Phase I. 30 Single Family Residential Dwelling Units to be located in White Pine Canyon.

2. Phases II-5. 153 Single Family Residential Dwelling Units to be located in White Pine Canyon.

c. Cox/Muller. Five (5) cabin-type units to be located in the Resort Center. d. Groutage. A small destination lodge to be located in the Resort Center.

Ordinance 334 (Development Agreement)(July 6, 1998); 15. The increased densities and intensity of uses in excess of the base densities and uses for specific Project Sites within the Canyons SPA are established pursuant to the Snyderville Basin Development Potential Matrix which was implemented through the Canyons SPA, Ordinance 333. As part of its use, density, and configuration for Project Sites herein approved, Developers have provided, in the context of and as only applicable to the Project Sites, the following Matrix amenities: (summarized): (a) Dedication and protection of viewshed and environmental features in the area (b) Consistency with the desired neighborhood character (c) Neighborhood Recreation facilities (d) Environmental Enhancements (e) Restricted Affordable/Employee Housing (f) Contribution to Community Trails and Parks (g) Open Space (h) Tax base/Economic Development (i) Compatibility with Resort Design

(j) Land Bank & TDRs (removed density from parcels outside the SPA and placed density in the SPA) [emphasis added]

(k) Unique public facilities and amenities (l) Overall density appropriate at time of approval.



Global principles found in paragraph 2.4 Colony TDR. Under the Original Development Agreement, The Colony agreed to act as a receiving area for TDR units in excess of the base density for that Development Area. Additional TDR incentive units are now required in this Amended Agreement for facilitate The Canyons SPA Plan. Combined, the number, location, phasing, and other requirements and obligations of The Colony with respect to the TDR units are fully described in Exhibits K.l and K.2. Colony specific: 3.5.2.J The Colony Transfer of Development Rights. The Colony is hereby obligated to accept up to an additional 20 residential dwelling units at the discretion of Summit County, Review and approval of the up to 20 additional dwelling units shall be through the Minor Development Review Process. which shall include a public hearing, as established in the Development Code. In making an affirmative determination related to the density transfer, Summit County shall determine that the additional density and proposed site for each additional unit is consistent with the General Plan, Development Code, Statement of Global Principles, and that there is adequate water and services available. Moreover, Summit County must find that there is a suitable ratio of density transferred from other appropriate sites in order to allow any of the 20 additional dwelling units in The Colony, which may be incorporated into any phase of the Project Site, Each additional unit approved by Summit County shall be provided with comparable services and amenities as made available to the remainder of The Colony development and shall be subject to the applicable association conditions, covenants, and restrictions, Each phase of The Colony shall continue to be eligible for a base density minor development review under the Code so long as any additional development that exceeds the base density of the project, as approved in the Canyons SPA Plan, is achieved through the transfer of development rights. 3.5 The Colony 3.5.1 The Colony Phase I. For the Project Site designated within the Canyons SPA as The Colony Phase I, approval of this Development Agreement shall constitute plat and site plan approval in accordance with the requirements of the Code, General Plan, and Global Principles herein. The application of the Global Principles to this Project Site, as well as an approved Final Subdivision Plat for such, shall be included in the Canyons SPA Plan Book of Exhibits. The Project Site must be developed in accordance with the applicable Global Principles, The Colony Architectural Design Guidelines (See Exhibits B, C, E, and L), and Code/General Plan policies/standards pertaining to that particular Project Site. Failure to so comply shall be grounds for revocation of Final Subdivision Plat approval or denial/revocation of Building Permits issued pursuant to such Final Subdivision Plat. The approval, as described herein, shall be conditioned upon compliance with the following additional requirement:

3.5.1.1 There is a short section of White Pine Canyon Road that does not now maintain a fifty (50) foot right-of-way, as required for a rural collector road. Additional rights-ofway shall be required on the roadway prior to any construction related to The Colony. The



County Engineer may determine that a variance is warranted if there is adequate pavement, snow storage, drainage, utilities, and safety along the roadway. The Board of County Commissioners must approve such a variance.

3.5.1.2 The Detailed Final Subdivision Plat shall be reviewed and approved by the Community Development Director, the County Attorney, and the County Engineer for consistency with the terms and conditions of this Development Agreement. Upon their approval, the Chairman of the Board of County Commissioners is authorized to execute the plat on behalf of Summit County.

3.5.1.3 The developer shall comply with applicable service provider requirements and standards.

3.5.2 The Colony Phases II, Ill, IV, and V. For Project Sites designated within the Canyons SPA as The Colony Phases II through V, approval of this Development Agreement shall constitute an approved use and density in accordance with the base density within the Snyderville Basin Development Code Development Potential Matrix. However, the Developers may only implement such base uses and densities through the issuance of a Final Site Plan/Subdivision Plat, (which are prerequisites to a building permit), in accordance with the Minor Development Permit Review Process in the Code, specific Global Principles applicable for each Project Site, The Colony Architectural Design Guidelines (See Exhibit E), and other applicable provisions of the Code and General Plan. All Project Sites must be developed in accordance with the applicable Global Principles, as well as appropriate Code/General Plan standards/policies, pertaining to that particular Project Site. Failure to so comply shall be grounds for denial of Final Site Plans and/or Subdivision Plats. The approval of Phases II, Ill, IV, and/or V of The Colony may not, however, be approved until such time as there is an acceptable agreement with the Master Resort Association as required in Section 4.J herein. SPA Language Cont.: Section 3.1 of the SPA states that “[t]he uses approved in this Amended Agreement are the only uses permitted under this Amended Agreement. No other uses shall be permitted until approved by the County through the amendment procedure set forth in this Amended Agreement.” Note 2.1 of the LUZ (Exhibit B.2) states that “[a]ll densities indicated are maximums, and development on each site including use is subject to this Land Use and Zoning Chart and the approval process outlined in the SPA Development Agreement.” The Snyderville Basin Development Code defines “Resort Operations” as “[u]tilities and on site operations designed and used to support an existing commercial recreational establishment.” [emphasis added]. The SPA defines the “Resort” as “[t]he Canyons Resort owned and operated by ASC Utah, Inc., d.b.a. The Canyons, or its successor, including the skiing and related facilities.



Exhibit I.1 to the SPA lists the “Master Community and Resort Facility, Amenity, Recreation, and Cultural Arts Program”. This is part of the public benefits which justified the increased density in the original SPA and were designed to help create a world class destination resort. Among the amenities and programming listed are “On mountain dining/social opportunities” (p. 2) These are facilities which would be part of the resort and open to the public as part of the winter ski and recreation experience. These programs were meant to have “community access and utilization of resort facilities and amenities” (p. 6) In October 2019, the applicants submitted a Development Agreement Amendment application to allow for conversion and improvement of 61,278 sq. ft. of non-residential uses on certain parcels within the Colony Development. The applicant has requested that the LUZ be amended to allow for more than residential uses. The specific request breakdown can be found in Exhibit A of this Staff Report. The applicant has not provided Staff with current language textual amendments to the SPA or LUZ. Staff is using the proposals in Exhibit A as the specifics for the request. The Snyderville Basin Planning Commission held meetings regarding the proposal on May 26, 2020, October 27, 2020, February 9, 2021, and February 23, 2021. On February 23, 2021, the Snyderville Basin Planning Commission voted for forward a negative recommendation to the Summit County Council due to contradictory and insufficient information to support the request. Per Section 10-3-19(D) of the Snyderville Basin Development Code, the following are the Criteria for Approval for Development Agreements:

1. The development agreement has been duly adopted in accordance with the provisions stated in this section, unless it comprises an SPA plan, in which case, it is subject to the adoption and approval provisions of section 10-3-11 of this chapter;

2. The development agreement includes written consent by each landowner whose

properties are included within the area described; 3. The county council, after receipt of a recommendation from the planning commission

and review and consideration of the development agreement, finds that the specific proposals, terms and conditions contained in the agreement promote the intent of the general plan, result in benefits to the general public that would not otherwise occur under the literal application of this title, and effectively protect the health, safety and general welfare of the public; a public hearing is required to be held;

4. Development allowed under a development agreement shall comply with appropriate

concurrency management provisions of this title, the infrastructure standards of this title, and all appropriate criteria and standards described in the development agreement;



5. When appropriate, based on the size of the project, the landowner or applicant agrees

to, at a minimum, contribute all capital improvements and facilities necessary to mitigate the impacts of the project on the county and its special districts;

6. The landowner or applicant will mitigate all fiscal impacts on the general public; 7. Development shall not be permitted to create unacceptable construction management

impacts; 8. While a creative approach to the development and use of the land and related physical

facilities may be allowed by a development agreement, all development approved in the agreement shall meet or exceed development quality objectives of the general plan and this title;

9. The development shall be consistent with the goal of orderly growth and minimize construction impacts on public infrastructure within Snyderville Basin;

10. The development shall protect life and property from natural and manmade hazards; and 11. The development shall prevent harm to neighboring properties and lands, including

nuisances. Recommendation

On February 23, 2021, the Snyderville Basin Planning Commission forwarded a negative recommendation to the Summit County Council because they believed that the proposal is inconsistent with the goals of the Canyons SPA, criteria of Section 10-3-19 of the Code, and Policy 2.3 of the General Plan. Staff is seeking Summit County Council discussion, feedback, and direction on the proposed Amendment to SPA. Staff recommends that the Summit County Council review the proposed SPA Amendment and conduct a public hearing on the proposed amendment. Further, Staff would recommend that the Summit County Council direct Staff and applicants to return at a future meeting with the following information:

1. Information regarding the precise density proposed on each parcel and the physical nature and development viability of each parcel to ensure that no setback and Critical Land encroachments take place



2. Proposed redlined text changes to the most recent version of the Amended and Restated Development for the Canyons Specially Planned Area to consider for adoption.

3. Confirmation that any use or development currently occurring on any parcel within

the Colony not specifically allowed or permitted with the recommended amendment immediately cease with full remediation to the land unless approved by this application.

Attachments: Exhibit A – List of Proposed Uses Exhibit B – Existing Development Agreement Land Use and Zoning (LUZ) Chart

EXHIBIT A

Colony Spa Amendment Detailed List of Permitted and Proposed Uses for Non-Residential Parcels Exhibit B-1 Date: July 20, 2020 Parcel # Phase Plat Parcel Plat Note Current Use(s) Proposed Future Use(s)

Approx Existing Likely

Additional Total Proposed

*

1 N/A 1 Phase 1 Amended Plat Common

Area No Plat Note

Part of the Common Area Contains Gate House, Sales Office and Mountain Regional Pump Station. This parcel was further

subdivided and doesn't exist N/A N/A N/A

2 CWPC-F-2AM 1 Phase 1 Second Amended F Parcel "F" shall not be developed for residential purposes and no density

entitlements shall attach to Parcel "F". Ski Operator bathroom facility and permanent restaurant Permanent Ski Operator Day

Lodge and HOA parking 3,735 0 3,735

3 CWPC-A1-3AM 1 Phase 1 Third Amended A1 Parcel "A1" shall not be developed for residential purposes and no density

entitlements shall attach to Parcel "A1". Parcel "A1" shall be deeded to the Association upon completion and acceptance. Parcel "A1" provides a Sewer Easement for the benefit of Parcel "A2" as noted. Sales office, development

offices, storage.

HOA lodge facility including dining, tennis courts, pool faclility, playground equipment, and other outdoor amenities.

6,300 15,000 21,300

4 CWPC-A2-3AM 1 Phase 1 Third Amended A2 Parcel "A2" shall not be developed for residential purposes and no density

entitlements shall attach to Parcel "A2". Parcel "A2" shall be deeded to the Association upon completion and acceptance. HOA Salt Storage II Building

HOA offices, interior and exterior storage, employee housing. 3,500 5,000 8,500

5 CWPC-7-EA-B-AM 1 B Post Office

Post Office, Package Storage, Sales Office, other ancillary HOA support uses 712 712 1,424

6 CWPC-3A-A-AM 3A Phase 3A Amended Lots 110, 111 and Common Area

Common Area

The area within the Common Area is intended for use by the Association for existing storage, maintenance and administrative facilities. No residential density entitlements shall attach to the Common Area, and it shall not be developed as a residential lot. Any building permit application for the expansion of the existing facilites on the Common Area that is submitted prior to the completion of the development of the final phase of The Colony shall be subject to the approval of the Developer.

Per Plat-HOA storage, maintenance, and administrative facilities.

HOA Maintenance Facility, Employee Housing, other HOA Support uses

4,004 0 4,004

7 CWPC-4B-A 4B Phase 4B A Parcel A is designated for use as a subdivision maintainence facility. Parcel A shall not be developed for residential purposes and no density entitlements shall attach to Parcel A Per Note HOA Maintenance Facility 0 0 0

8 CWPC-4B-B 4B Phase 4B B Parcel B is designated for Lift and Ski Easement purposes, as that term is defined in the Second Amendment to the current CCR'S of The Colony at White Pine Canyon, which uses also may included maintainence and medical facilities for The Canyons Resort. Parcel B shall not be developed for residential purposes and no density entitlements shall attach to Parcel B

IMA temporary construction yard and ski resort parking and fuel depot.

Ski Resort Fuel depot, maintenance or storage facility which may have a shared or stand alone maintenance facility for the HOA and HOA's Cost Centers.

350 10,000 10,350

4C Phase 4C B

Parcel "B" shall not be developed for residential purposes and no density entitlements shall attach to Parcel "B". Notwithstanding the foregoing, Parcel "B" is dsignated as a Ski Run and shall contain the uses and rights as set forth for a Ski Run as that term is defined in the CCRs, including but not limited to the construction, operation, installation, maintenance, management, repair, replacement, inspection and protection of day lodges,

9 CWPC-4C-LWM-B-AM warming huts and other buildings associated with the such improvements. The day lodges may contain any of the uses that are customary for such facilities at the finest ski resorts in the United States consistent with providing a premier, world class ski resort experience.

Cloud Dine Restaurant None 11,774 0 11,774

4C Phase 4C Amended Parcel A and B B

No Note (Same parcel as above)

10 CWPC-4ELK-5-A 4E Phase 4E Lakes 5 A

Parcel "A" shall not be developed for residential purposes and no density entitlements shall attach to Parcel "A". Notwithstanding the foregoing, Parcel "A" is designated as a Ski Run and shall contain the uses and rights as set forth for a Ski Run as that term is defined in the CCRs, including but not limited to the construction, operation, installation, maintenance, management, repair, replacement, inspection and protection of the day lodges, warming huts and other buildings associated with such improvements. The day lodges may contain any of the uses that are customary for such facilities at the finest ski resorts in the United States consistent with providing a premier, world class ski resort experience.

Per Note, however, right to construct a lodge facility and parking lot will extend to the Declarant (IMA) as well as the HOA. HOA Dining, Clubhouse

1,200 10,000 11,200

11 CWPC-5DML-A 5D Phase 5D A

Parcel "A" shall not be developed for residential purposes and no density entitlements shall attach to Parcel "A". Notwithstanding the foregoing, Parcel "A" is designated as a "Ski Run" and its use, development and operation may include the uses, and shall enjoy the rights, applicable to a Ski Run as that term is defined in the CCr's, including but not limited to the construction, operation, installation, maintenance, management, repair, replacement, inspection and protection of maintenance facility and other buildings associated with the such improvements. These rights will extend to the Declarant, who shall have the right to sell, grant, transfer, assign, license and/or lease Parcel "A" and the corresponding rights that accompany a Ski Run to any individual or entity as determined by Declarant. Parcel "A" will also include separately recorded Utility Easements which may include without limitation a water pump station. Per Note

HOA Maintenance Facility, HOA/Cost Center Hospitality House

0 4,500 4,500

* Total Proposed Square Footage is for the footprint of the Building, not including parking , hardscaping or 31,575 45,212 76,787 landscaping. Grayed parcels were built by Park City Resort and remain solely in their control and for their benefit, not the Colony's direct benefit

EXHIBIT B.1

EXHIBIT B.2

EXHIBIT B.3

EXHIBIT B.4

EXHIBIT B.5

EXHIBIT B.6

EXHIBIT B.7

EXHIBIT B.8

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Interview Schedule Eastern Summit County Planning