Guest Post by Shanna Francis
The Weber county Commission will consider action on a rezone request at Powder Mountain on Tuesday, November 13 at 10:00 a.m. in the Commission Chambers located in the Weber Center, 2380 Washington Blvd. in Ogden.
The rezone petition is being requested by Steven H. Nielsen II (Pronaia Capital) representing Western America Holding, LLC, which is requesting a rezone to approximately 4,297 acres located at Powder Mountain Resort from Forest Residential-3 (FR-3), Forest Valley-3 (FV-3), Commercial Valley Resort Recreation-1 (CVR-1), and Forest-40 (F-40) to FV-3, CVR-1, and F-40. In addition, they will consider a Zoning Development Agreement between Weber County and Western America Holding, LLC as part of Zoning Petition 2006-18
A staff report on the Weber County web site, found at https://miradi.co.weber.ut.us/projects/view/511_Powder provides a brief background to the petition and states the following:
“On June 1, 2010, a Memorandum of Understanding (MOU) between Weber County and Western America Holding, LLC was approved as a precursor to a formal Zoning Development Agreement between the parties regarding development at Powder Mountain Resort. The MOU promoted the creation of a Development Agreement that would establish the basic development parameters for Powder Mountain and cause the withdrawal of the Powder Mountain Town Incorporation Petition and litigation associated therewith. Negotiations on the Development Agreement began soon after the MOU was approved and have continued until the parties recently reached an agreement. The agreement has been patterned after the County’s development agreement with Snowbasin Resort.
“One of the main reasons that the Development Agreement has taken so long to finalize is that Western America Holding, LLC Began negotiating the sale of Powder Mountain Resort during the Development negotiations. The potential buyers needed additional time to review the agreement and the negotiation process slowed down to accommodate this. The Planning Division, County legal counsel, and Western America Holding, LLC have now agreed in principle to the October 29 draft of the Development Agreement.
“Each section of the MOU is addressed in the development agreement as are many of the principles that make up the Ogden Valley Planning Commission’s 19 conditions recommended in 2007. The County worked hard to incorporate these principles into the Development Agreement and the only conditions not addressed in some form are the number of limitations on hotel and commercial development, and the commencement of development with a multi-family/commercial village. . . a public hearing is not required to take action on this Development Agreement.
“If the Agreement is signed by both parties, all pending litigation will be dismissed, and Western America Holding, LLC shall immediately withdraw the Powder Mountain Town Incorporation Petition that had been stalled. The county will then rezone the property as described in the application request (visit Weber County’s web site to read a copy). This Agreement will then supersede the MOU. If any amendments are sought by either party, they must go before the Planning Commission for a public hearing.”
The approval of a request to rezone the resort to a Destination and Recreation Resort Zone (DDR-1) would require the approval of a new Development Agreement where the developer would need to show that the resort can meet the rezone application requirements.
The Weber County Planning Commission is recommending approval of the Zoning Development Agreement. The Agreement is based on the provisions of the MOU and takes into account most of the Ogden Valley Planning Commission’s earlier mandated 19 conditions.