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REPORT / NOVEMBER 2020 THE NORTH VILLAGE ANNEXATION PROPOSAL TABLE OF CONTENTS The North Village Past and Future Report ..................................................................................... 4 November 2020 APPENDIX A Current North Village Development Status (Wasatch County) APPENDIX B North Village Development Tracking Update (Wasatch County) APPENDIX C Grading Sheets for Bonus Density (Wasatch County) APPENDIX D North Village Development Agreement (Wasatch County) APPENDIX E North Village Views Preliminary (Wasatch County) APPENDIX F North Horizon Platt Amendment (Wasatch County) APPENDIX G Wasatch County Special Services District Boundaries Map (Wasatch County) page 3 REPORT / NOVEMBER 2020 THE NORTH VILLAGE PAST AND FUTURE The North Village area contains several properties, which are possibilities for annexation into Heber City. Most of the properties have changed hands multiple times. Some have been foreclosed upon, and all have complicated issues regarding density, bonus density, conditions, and ERU’s. The relative issues, however, involve expectations for base, or potential, densities for these properties if they are annexed, and what densities will exist if they are forced to develop in the County? HISTORY OF THE creation of the sewer line. Heber City, the City wanted the UVU NORTH VILLAGE AREA Wasatch Extension to be near where As property owners on the west side Wasatch High School is now located. Two main factors have created the near Deer Valley developed, the east side 1200 South had already been built, higher-density area known as the North also wanted to secure water from the and Claud Hicken was going to donate Village. The first was the creation of Special Service District. The ability to some of the land needed for the college. Jordanelle Reservoir. The second most claim water rights increases a property’s However, according to Doug Smith, influential factor was the building value dramatically. Eventually, the Planning Director for Wasatch County, of Utah Valley University Wasatch properties along Highway 32 became the City didn’t want the college, so the Campus. Both of these contributed part of the Jordanelle Special Service County decided to make a place for it. to zoning changes and the creation District. Neighboring landowners in According to Mike Johnston, Heber of a special service district. These past the North Village area also desired an City Council member the college events have ultimately facilitated the increase in their properties’ values. But preferred the land in the North Village possibility for thousands of homes to be without water needed to support higher area. They loved the view, and they constructed in the area. densities, property values were limited. wanted to serve both the Heber Valley and Park City areas. Ten million dollars When the Jordanelle Dam was Simultaneously, the Utah Valley were donated to the college by a private completed in 1993, the State of Community College began holding party to help in obtaining the property. Utah, under Governor Mike Leavitt, classes in the Park City Education wanted to create a Utah State Park on Center in 1993. UVSC was offered Before the project could be completed, the reservoir. The State approached some property in Park City to build the college needed sewer and water. Wasatch County about the need for a a new campus, but the plans were Kohler recalled that the college then sewer line to Jordanelle. The Jordanelle denied by the Board of Regents. The approached the City, interested in Special Service District was created in college then considered Heber City for possible annexation. The City declined the 1990s, which enabled the creation a Wasatch Campus. However, instead to annex it at that time. Instead, the of the Jordanelle State Park. The park of building the campus within the North Village Special Service District opened in 1995. The sewer line was City boundaries, land north of the (NVSSD) was created on August 28, brought up from the Heber Valley. City was offered to the college, and the 2000 to manage the water and sewer The State of Utah paid for part of the UVU Wasatch Campus was built in its in the area. Landowners around the project. Property owners on the West current location. college property wanted to contribute to side of U.S. Highway 40, including building the college’s sewer by bonding Mayflower and others, also secured There is some debate as to why the for the infrastructure. It was believed property to help build the water system, college was not originally built inside this would bolster their property values with the idea that their properties would Heber City boundaries. According to by allowing the possibility of increased be able to be developed along with the Tony Kohler, Planning Director for development density. The NVSSD page 4 THE NORTH VILLAGE PAST AND FUTURE / REPORT / NOVEMBER 2020 was approached by these neighboring the NVSSD. In fact, the Special Service subsequent landowners would be held property owners, who wanted to District has a waiting list for any water to a basic requirement of due diligence contribute and reserve water for future reservations that might open up. Extra prior to purchasing the property. This developments. Their properties were water rights can be bought elsewhere means that they should have known the pledged to enable the building of a if an owner is selling. But Covey stated density was not granted based only on water and sewer system for the college, that “If they can’t find water, there is no water payments for the Special Service which would also allow surrounding development.” District, without any documents stating properties to be developed eventually. otherwise. Special Service District ERU’s are not Another historically significant event the same thing as density. According Even if a detrimental reliance was occurred when Pete Probst, the original to multiple sources, including Covey, found, it might not apply at all to a owner of the resort property (located density cannot be guaranteed by a City annexation since the City was not at the southwest corner of U.S. 40 and Special Service District. Zoning density involved in ERU’s given by the Special Highway 32), wanted to build a truck can only be determined by the City or Service District. According to Covey, stop on the intersection. Discussions County. Covey stated that even though the only reliable source of any possible, regarding the possibility began in the the NVSSD and the Wasatch County guaranteed density for landowners 1990s, with the 3-member County Council consisted of the same people, might be a previously approved Wasatch Commission of Mike Kohler, Ralph the landowners were taking a risk by County master plan for the area. Duke, and Laren Provost. Probst asked contributing funds for the desired However, even with a certain allowable for a zone change, and the County density. If they don’t get the zoning density on the master plan, conditions approved the change to commercial density that was bonded for, they will can still be required by the City or on the zoning map. The property just relinquish some reserved water County for a full ERU build-out at that was eventually sold with a different and go forward at a smaller capacity commercial development in mind. base master plan number. number. According to Covey, “If they can only obtain a lower density, then “That water doesn’t just magically SPECIAL SERVICE they can turn the extra water back to appear.” Said Smith, “That is a DISTRICT ERU’S the special service district.” misconception that people have. If the The North Village Special Service Special Service District says we can District is a government entity, separate City Attorney Mark Smedley mentioned provide X number of hookups, that’s from the County, that is in charge of a past court case involving Tracey never been, in my mind, a zoning distributing water in the North Village. Cannon of the Crossings development, number . You still have to go through Landowners in the North Village in which promised ERU’s from a the process of getting the entitlements pledged for infrastructure capacity. For Special Service District might have their contribution, they were able to created a reliance issue for the property and showing you can fit the units on reserve a certain number of ERU’s or owners concerning density expectations. the property. [The SSD] can say they’ll Equivalent Residential Units from the The principle of “detrimental reliance” give 1,000 ERU’s for sewer and water NVSSD. This is a number to describe could then possibly apply to subsequent because [developers] can come up with how many residences can be connected landowners who purchased the water and pay the fees, but if you can’t to water. Water for potential ERU’s property, believing that a specific fit them because you’ve got 30% slopes was reserved for the area, and there density was granted. This would need or can’t make roads fit grades, those is currently no extra water available, to be researched further. But it is also types of things, then it doesn’t matter. according to Max Covey, Director of possible, if not probable, that those The number’s going to come down.” page 5 THE NORTH VILLAGE PAST AND FUTURE / REPORT / NOVEMBER 2020 COUNTY DENSITY there have to be certain commitments they’re saying give us all the density from them—certain things like having with as few commitments as possible, When the college was built, and the correct pedestrian access and higher and we’re saying we can only give nearby landowners bonded for the architectural standards and things like you the density after you give us the Special Service District, the property that. Open space requirements were a commitments.” owners who paid fees to help bring really big deal.” infrastructure to the college received the Corry continued to explain, “Most of potential for more density to justify the However, Smith elaborated on the these guys just take things through an cost.

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