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FINDINGS of FACT & CLIMBING GYM SPECIAL : CONCLUSIONS of LAW EXCEPTION : : : : : : Effective Date: September 11, 2019 : : :

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FINDINGS of FACT & CLIMBING GYM SPECIAL : CONCLUSIONS of LAW EXCEPTION : : : : : : Effective Date: September 11, 2019 : : : ______________________________________________________________________________ BEFORE THE SUMMIT COUNTY COUNCIL IN AND FOR SUMMIT COUNTY, STATE OF UTAH ______________________________________________________________________________ : : IN THE MATTER OF THE MINE : FINDINGS OF FACT & CLIMBING GYM SPECIAL : CONCLUSIONS OF LAW EXCEPTION : : : : : : Effective Date: September 11, 2019 : : : : On September 11, 2019, this matter came before the Summit County Council (the "Council") on an application from ES 188150, LC (the “Mine Climbing Gym” or “MCG”) for a Special Exception, under Summit County Code (the “Code”) §10-3-7, to the height limitation within the Service Commercial Zone District, as set forth in Code §10-2-8(D)(10) (the “Application”). MCG is represented by Don Sargent. Sean Lewis is the county planner assigned to the Application. The Council is represented by David L. Thomas, Chief Civil Deputy County Attorney. 1 Evidence and materials were presented by way of testimony, statements, documents and memorandum for consideration by the Council. Having considered the evidence presented by all interested parties and the entire record relating to this Application, the Council rendered its decision following discussion and deliberation as part of its regularly scheduled agenda on September 11, 2019, adopting a motion to GRANT the Special Exception, with that decision to become final following the adoption of these findings and conclusions. The voting of the Council on this matter was 3-2. In support of that decision, the Council adopts the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. Tax Parcel No. PCBC-12, with an address of 4315 N. Forestdale Dr., Park City, Utah (the “Property”), is owned by MCG. 2. The Property is located within the Service Commercial Zone District. 3. Code §10-2-8(D)(10) limits height within the Service Commercial Zone District to thirty- two (“32”) feet, with allowance for a total height of up to ninety (“90”) feet, which may be approved as part of a conditional use permit for heavy manufacturing uses as defined in Title 10, Chapter 11 of the Code. The 90-foot height exception pertains only to roof structures for the housing of conveyors, stairways, tanks, ventilating fans, smokestacks, water tanks, or similar equipment required for the operation of heavy manufacturing uses. Such an exception further requires a height justification report prior to consideration of the exception. 2 4. A low impact permit has been issued to MCG for the construction of a 32-foot tall structure with a density of approximately 20,000 square feet on the Property (the “Building”), which Building is compliant with the maximum height limitation in the Service Commercial Zone District (the “Low Impact Permit”). 5. MCG has applied for a Special Exception to increase the height of the Building to allow for an oversized climbing wall of up to forty-eight (“48”) feet, which will allow for an “Olympic” speed climbing wall (the “Olympic Climbing Wall”) to facilitate training on and hosting world-class competitions in Park City. Further, such would allow athletes to train for all three Olympic climbing disciplines (Sport climbing, Speed climbing, and Bouldering). Currently, none of the development codes in Summit County (the “County”) allow for an Olympic Climbing Wall. According to MCG, this Special Exception limits the increase in height to the center portion of the Building (approximately 4,000 square feet), while still maintaining the height limitation of 32 feet for the remainder of the Building. 6. MCG further asserts and the Council finds as follows: a. The proposed additional height will result in a more appealing Building design and articulation as viewed from both US Highway 40 and Forestdale Drive. b. The proposed Olympic Climbing Wall is consistent with the resort and mountain character of the Snyderville Basin. c. The proposed Olympic Climbing Wall supports the resort nature, recreational interest and healthy lifestyle goals of the Snyderville Basin General Plan (the “General Plan”). 3 d. The proposed Olympic Climbing Wall does not qualify for a variance or other equitable process as such amenity is self-imposed and does not constitute a hardship under either Utah statutes or the Code. e. Absent a special exception or an extreme excavation (20 feet below finished grade), the Olympic Climbing Wall would essentially be prohibited in the County. 7. On September 11, 2019, a public hearing was held on the Application. Numerous residents testified to the unique benefits of an Olympic Climbing Wall located in the Park City area as an amenity to the Utah Olympic Park, as well as to other world-class Olympic events held in Summit County and to the National Ability Center. BASED on the totality of facts and circumstances presented by the evidence and the entire record considered as part of the decision, the Council renders the following Conclusions of Law: CONCLUSIONS OF LAW 1. Code §10-3-7 provides four criteria that must be satisfied to qualify for a Special Exception. a. The Special Exception must not be detrimental to the public health, safety and welfare of the residents of the County. b. The Special Exception must be consistent with the Code and General Plan. c. The applicant for a Special Exception must not reasonably quality for any other equitable processes in the Code. 4 d. There must be equitable claims or unique circumstances warranting the Special Exception. 2. The Council concludes that all four of these criteria have been satisfied with respect to this Application. a. There has been no evidence presented that the increased height for the Olympic Climbing Wall poses a detriment to the public health, safety and welfare of residents. b. The Olympic Climbing Wall furthers the resort and mountain character of the Snyderville Basin, which characteristics serve as the underpinnings of the General Plan. Further, an Olympic Climbing Wall furthers the General Plan’s promotion of both recreation and healthy lifestyles. c. An Olympic Climbing Wall is not an allowed or conditional use anywhere in the County under our current Code. The addition of an Olympic Climbing Wall to the Building is self-imposed and does not constitute a hardship on MCG. Consequently, we conclude that there are no other equitable processes available to MCG to secure a permit for the Olympic Climbing Wall. d. The Olympic Climbing Wall poses a unique circumstance under the Code. Park City and Summit County were a 2002 Olympic Venue. We have promoted ourselves as an Olympic community, investing heavily in the Utah Olympic Park (through the issuance of a private activity bond) and promoting recreational tourism. There are only two other Olympic Climbing Walls in the State of Utah. The approval of this Olympic Climbing Wall provides an opportunity to expand our community goals. 5 3. The Council also concludes that the specific location of this Olympic Climbing Wall within the Park City Business Park distinguishes it from other potential recreational commercial uses. The Park City Business Park is currently the only location zoned as Service Commercial. The topography of the Park City Business Park allows for an increased height without obstructing viewsheds, and the use of height in this case to break up the Building façade makes for a more attractive setting within the Business Park. While creating a tourist attraction in the Business Park will result in more traffic and parking concerns, a formal parking study was prepared and accepted as part of the Low Impact Permit, which study indicates that such concerns have been adequately mitigated by MCG. We believe that these unique circumstances further mitigate any precedent that may be set through the approval of this Special Exception. CONDITIONS The Council hereby imposes the following conditions on this Special Exception approval: 1. The 48 foot height exception for the Olympic Climbing Wall is limited to the central 4,000 square foot portion of the Building. 2. The placement of any and all signage on the Building is limited to a maximum elevation of 32 feet from finished grade and shall conform to all other signage requirements of the Code. 3. There shall be no light trespass from any windows at an elevation of over 32 feet from finished grade. Windows shall also be made from a non-reflective material so as to reduce potential unwanted residual reflections. 4. MCG shall be required to amend the Low Impact Permit consistent with this Special Exception and all other requirements of the Code. 6 5. Construction of the Building shall not commence until MCG has been issued a building permit as required by the Code. This constitutes the final administrative decision of Summit County and is appealable pursuant to UCA §17-27a-801 within thirty (30) days of the Effective Date to the Third District Court of Summit County. DATED this ____ day of _____________, 2019. COUNTY COUNCIL OF SUMMIT COUNTY By:____________________________ Roger Armstrong Chair ATTEST: ________________________ Kent Jones County Clerk APPROVED AS TO FORM: ________________________ David L. Thomas Chief Civil Deputy 7 .
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