Treasure critics: were buyers beware?

It seems neighbors did not extensively research what might be built on hillside
by Jay Hamburger OF THE RECORD STAFF
Posted: 02/07/2009 09:52:06 AM MST

When Brian Van Hecke was in the home-buying market in the late 1990s, he found a property on the 1100 block of Empire Avenue he wanted.

He bought the place in late 1999, according to Summit County records, moving into a house down the street from where the Sweeney family, more than a decade before, had secured approval from City Hall to build the Treasure development on the slopes of Park City Mountain Resort.

Van Hecke is now one of the leaders in what appears to be an expanding opposition movement to Treasure. He acknowledges he was unaware when he bought his house that City Hall officials in the 1980s had approved the development.

"I don't think my Realtor told me about it," he says, adding, to his recollection, "the potential of Treasure Hill development was not mentioned at that time."

Van Hecke's situation seems to be similar to those of others who have moved onto nearby streets in Old Town in the time between the original Sweeney family approval and the start of talks between the family and City Hall about Treasure several years ago. Many, it appears, purchased their houses unaware of the development prospects of the high-profile Treasure hillside just off of streets like Empire Avenue and Lowell Avenue.

The 1980s approval has been a favored target of critics claiming that the neighborhood, which has grown substantially since the original approval, can no longer handle the traffic that Treasure is expected to attract. They say the project does not fit where it was approved in the 1980s, pointing to other criticisms like the size of the buildings.

People familiar with Treasure's history and the local real estate market said in interviews it seems unlikely the people who moved into the neighborhood since the 1990s heavily researched what could be developed nearby.

The city's Planning Department has held the documents describing Treasure's original approval since it was OK'd. There was little interest for years in what had been approved in the 1980s, according to a high-ranking former official in the department.

Rick Lewis, who was City Hall's director of Community Development from 1990 until 2003, says he does not recall people inquiring about Treasure while they were shopping for homes up until early in this decade, as rumblings about development started. Lewis acknowledges people could have spoken to other staffers in his department before then, but he likely would have known if people were asking questions about Treasure since answering them would have required research.

"Things were pretty quiet up until about 2000 or 2001, when they started getting active again," Lewis says.

The Sweeneys want to build approximately 200 hotel rooms and 100 condominiums spread through 12 buildings, with commercial and meeting space also planned.

Old Town houses and condominiums until the recent market downturn had been hot sellers, with people liking the Victorian architecture prevalent in the neighborhood, the closeness to

Main Street and the proximity to the slopes and hiking and biking trails. People have built or bought places in the neighborhood as their family residence, their vacation home or as a rental place.

"They look at the mountains and think they'll always be there and don't necessarily do their homework," says Mayor Dana Williams, a real estate agent who rose to political prominence leading the development watchdog Citizens Allied for Responsible Growth.

The mayor says he tells home shoppers about Treasure, but he has not sold in Old Town extensively. He says buyers generally do not research the development potential before closing. They are "more focused on right where they are," he says.

The Park City Board of Realtors encourages prospective homebuyers to research the development potential in a neighborhood before closing on a deal. Lincoln Calder, the president of the group, says it is "critical" for people to look into developments that are approved but not yet built.

"It's up to the buyer to do that due diligence," Calder says. "Some people research it extensively, some will do very little."

Since the middle of the 1990s, many local real estate agents have required homebuyers sign what is known as the 'Buyer Due Diligence Checklist,' according to Calder. It is not required, but Calder says nearly all of the major brokerages in Park City use the form.

The checklist advises buyers to research possible developments nearby, suggesting they consult officials in the Planning Department and the Building Department. It indicates buyers should look into the "potential impacts" of development like a loss of views, noise and inconvenience.

"As a board, we strive to make sure buyers make informed decisions," Calder says, who recounts that some of his clients have inquired about Treasure as they were shopping for a house.

Van Hecke, the Treasure critic on Empire Avenue, says buyers rely on their agent for information as they are considering a house. He says he might not have purchased his house had he realized Treasure could be built someday.

"If I knew what I know now, probably not," he says.

Treasure meeting slated at The Yarrow
The Park City Planning Commission on Wednesday is scheduled to discuss Treasure for two hours, with the emphasis on traffic, and hold a hearing. Officials booked the Ivers Room at The Yarrow for the meeting to accommodate what is expected to be a large crowd. The meeting is scheduled to start at 5 p.m., with the hearing set for approximately 7 p.m.

An agenda indicates the Planning Commission will hold another meeting March 25, and others are anticipated to follow.