The development agreement for the Newpark Town Center expired in October 2011. Newpark Town Center is an 800,000 square-foot residential, commercial, office, hotel and recreation development in Kimball Junction.
"Usually, once the development agreement is expired, anything you have constructed or plotted is vested (or guaranteed as a legal right) going forward," County Planner Kimber Gabryszak said. "But anything you have not taken steps to construct, entitle or record, goes away."
Newpark still has between 150,000 and 200,000 square feet of development that has not yet been platted or constructed.
"They do have some unique circumstances, which differentiate them from other similar development agreements that are expired, so they've requested from the council to extend their development to 2016," Gabryszak said.
The main extenuating circumstance is that a phasing plan was approved for Newpark by the County Council, but the phasing plan extended beyond the expiration.
The phasing plan is a step-by-step plan for when the different Newpark developments would be platted
"The applicants are claiming that because the phasing plan extended beyond the expiration date, it automatically extended the development agreement," she said. "That's different, because in most cases we don't have any document that goes beyond the expiration date.
The county also moved forward with an application to expand the Snyderville Basin Fieldhouse, located in Newpark Town Center, after the expiration date.
"The county thought the Fieldhouse was vested for future density, but that turned out not to be the case," she said.
The County Council will hold a public hearing to discuss and possibly decide on the special exception on Wednesday, March 20 at 6 p.m. in the upstairs auditorium of the Sheldon Richins Building, located at 1885 West Ute Blvd.