Kane Creek Development Public Information Clearinghouse

Looking for information regarding the proposed development on Kane Creek Road (aka Kane Springs Blvd)? Here you will find up to date and accurate public record information on the proposd project. If you are not able to find what you are looking for here, you may submit a GRAMA (Government Records and Access Management Act) request via the County Clerk/Auditor's office.

Summary/History of the Kane Creek Development

Updated February 5, 2024

Entitlements: County Ordinance No. 229 was adopted on July 6, 1992, approving a rezone from G-1 (General Grazing) to C-3 (Highway Commercial Zone) for property described as:

Government Lots 4 and 7, Section 16, T26S, R21E, SLB&M.

That portion of Government Lots 8 & 12 Setion 10, T26S, R21E SLB&W that lies Easterly of Kane Creek Blvd.

That portion of the NW quarter SW quarter section 15. Government Lots 1 and 3 Section 15, T26S,R21E, SLB&M that lies Easterly of Kane Creek Blvd.

All of the NW quarter SW quarter Section 15.

(the zoning for the subject property is currently under review with the Planning & Zoning Department and the County Attorney, as the legal description from ORD 229 does not match the GIS zoning map, which is not an official zoning map, but is used for general reference. We are currently working to locate an official zoning map on file with the County Recorder's office.)

The stated purpose for the rezone was to allow for an “Overnight camping area for tents and campers as per preliminary plat for Campground and future development in accordance with C-3 Zone Activities”. The C-3 zoning district was later renamed “Highway Commercial'' (HC). Per Grand County Land Use Code (LUC), properties zoned Highway Commercial are allowed to develop up to 18 residential units/acre and various commercial uses, by right. Per State Statute, both preliminary plat and final plat subdivision applications are approved administratively, meaning, as long as all proposed development is in compliance with the County’s LUC, the Land Use Authority cannot deny the application.

Application for Preliminary Plat for a subdivision & Conditional Use Permit for a major utility: (Corrected) A Preliminary Plat subdivision application was submitted to the Planning Department on May 13, 2021 for parcels 12-0015-0001, 12-0015-0002 12-0010-0001 12-0010-0002 12-0015-0003 12-0016-0002, the Kane Creek Preservation and Development, LLC.. After review of the application materials, planning staff issued an ‘application complete’ letter on July 22, 2021, meaning all application materials required by the LUC in order to review the project were submitted. At that time, the Applicant paid the preliminary plat application fee and the review process commenced. A Development Review Team (DRT) meeting with the applicant occurred on August 4, 2021 and on August 12, 2021 a DRT comment letter was sent to the Applicant.

On February 22, 2022 revised application materials were submitted to the Planning Department, which constituted a substantial change to the proposed subdivision development. The Planning Department required that the application be reviewed anew at that point, thus a new permit was created in the development portal and the application fee from the original May 2021 application was carried over to the new permit. The Feb 22nd 2022 Preliminary Plat application was deemed complete on March 31, 2022, and a letter was issued to the Applicant. Application materials were dispersed to the DRT for comment shortly thereafter. The DRT review required the applicant to establish a ‘body politic’ to oversee the utilities. The applicant spent the next several months working with the Utah Division of Water Quality to get approval of public Water and Sewer systems to serve the project. In a letter issued by the DEQ Division of Water Quality, dated March 27, 2023, an “Approval in Concept” was granted, subject to several conditions.

Following the resubmittal of materials, in response to the first round of DRT, an in-person DRT meeting with the applicant’s team occurred on May 10, 2023. At that time the County Attorney issued a determination that the subdivision Preliminary Plat could not be processed further until a Conditional Use Permit was submitted and approved for the construction of a wastewater treatment plant, (Use type = “Major Utility”) on the property. Per LUC Section 7.10, all subdivisions must be served by an “approved public sewer system”. Thus, approval of the Conditional Use for the wastewater treatment plant and similarly, the drinking water storage tank, must occur prior to the approval of the subdivision Preliminary Plat.

The County Attorney also imposed conditions related to required off-site improvements of the existing county road that provides access to the development parcel (Rte. 114 - Kane Creek Road) The off-site road improvement requirements were recommended by the County Roads Supervisor and County Engineer based on a review of current levels of traffic, the anticipated increase in traffic from the proposed development, and minimum standards for safety established by AASHTO. The required off-site road improvements consist of:

  1. Prior to the addition of construction traffic associated with the development, a minimum paved roadway surface width of 20 feet must be established

  2. At such time as the Annual Average Daily Traffic (AADT) on the county segment of Kane Creek Road exceeds 2,000, the county portion of road must be improved to the County’s Minor Collector standard prior to the approval of any further phases of development. This threshold will likely be reached at the completion of the planned Phase 3 of the development.

The Kane Springs Improvements District (KSID) and the Applicant were notified of these requirements and subsequently the KSID submitted a CUP application to the Planning Department on October 11, 2023 for the major utility, sewage treatment plant. Will Serve signatures were collected at that point, from the various agencies/entities that would need to serve the project. In addition to the time required to collect ‘will serve’ signatures, some time had lapsed due to ownership changes and discrepancies with owner consent and statement of authority submissions, before the application could be deemed complete on December 12, 2023. As of January 11, 2024 the CUP application has been reviewed by the DRT and a comment letter will be issued to the applicant during the week of Jan 16-19th. Legal Review of the application will commence upon receipt of any updated materials requested by the DRT. Upon passing legal review by the County Attorney, the application will come forward for approval at a County Commission public meeting. If the CUP is approved, the preliminary plat application for subdivision may continue to be processed.

Per LUC Section 9.10, Conditional use permits shall be approved in accordance with Utah Code § 17-27a-506. In determining whether there are reasonably anticipated detrimental effects of the proposed use, or whether reasonable conditions can be imposed to mitigate them, the following criteria shall be considered:

A. Effect on Environment

B. Compatible with Surrounding Area

C. External Impacts Minimized

D. Infrastructure Impacts Minimized

E. Consistent with LUC and General Plan

F. Parcel Size

A. The County may, in the interest of the public welfare and to assure compliance of this LUC, establish reasonable conditions to mitigate the reasonably anticipated detrimental effects of the proposed use, such as conditions related to the operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any use listed as a conditional use permit, the County may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property, the neighborhood and the County from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, traffic circulation or other undesirable or hazardous conditions. In addition, where conditional uses involve significant alteration of the landscape or pose potential threats to the scenic quality of the County, reclamation bonds may be required as deemed necessary to ensure reclamation of disturbed sites to their natural, original or other substantially beneficial condition consistent with local plans to the extent practicable, and to protect the County’s recreation-base economy, as determined by the County Commission. Applicants may be required to post sufficient security, as deemed reasonably necessary by the County Commission, to guarantee that the final reclamation shall be accomplished within one year of the cessation of the permitted activity/facility; a surety bond approved by the County Attorney may be acceptable.

B. Conditional use permits may be denied if the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or by the imposition of reasonable conditions to achieve compliance with the criteria of Section 9.10.5.

C. Conditions of approval may include a requirement that the applicant submit an annual statement of compliance detailing how the applicant has complied with terms of the permit, including a detailed and specific report on steps taken in the prior year to comply with other applicable local, state and federal requirements and laws. The Administrator shall review and approve such annual statement where the applicant is continuing to comply with the applicable requirements of the conditional use permit. Where the Administrator determines that the applicant is in violation of any requirement of this LUC or conditions of approval, the Administrator shall revoke said permit in accordance with the requirements of Section 9.10.7. Alternatively, and at the discretion of the Administrator, such permit may be referred to the County Commission for review.

History of grading permit and floodplain development permit applications/actions by current ownership group:

Initial action, (February, 2020) was a Site Plan application made by Kane Springs, LLC, for an expansion of the existing RV campground located at the mouth of Pritchett Canyon. (Property zoned HC-Highway Commercial with OAO - Overnight Accommodation Overlay) This initial site plan application has since been withdrawn.

This application triggered a Floodplain Development Permit due to its location in a FEMA designated Special Flood Hazard Area (SFHA). Grand County, as a participating community in the the National Flood Insurance Program, has adopted and enforces a Flood Damage Prevention Ordinance (most current version Ordinance No. 598, adopted in 2019) Due to the scale of the proposed expansion, (> 5 acres) a detailed engineering flood study was required to determine the Base Flood Elevation.

Owner/developer hired professional consultants to conduct the following surveys/studies/reports:

  • Flood study of Colorado River for 2.2 miles beginning around Moab Rim Trailhead and extending downriver to 0.4 miles downstream of the mouth of Kane Springs Creek. (Reviewed by FEMA and LOMR officially adopted into Flood Insurance Rate Map effective 11/13/2020)

  • Determination of jurisdictional “Waters of the U.S.” per Section 404 of Clean Water Act. (Reviewed by U.S. Army Corps and letter of concurrence issued 6/3/2020)

Due to the requirement for any new construction within the SFHA to be elevated 12-inches above Base Flood Elevation, Applicant decided to undertake a mass grading approach, placing fill over large areas to raise ground surface elevation above Base Flood Elevation. Note: Ordinance 598 permits fill to be placed in SFHA’s but not within the Regulatory Floodway. Fill placed within SFHA must have engineering design and be placed in accordance with Appendix J-GRADING of current Building Code.

Application for joint Grading Permit/Floodplain Development permit covering the 15 acres of the proposed RV campground was submitted with engineering drawings, geotechnical report, and associated fee. Permit #6024 was approved by the Grand County Building Official, Floodplain Administrator, and Engineer on 9/15/2020. A second grading permit (#6072) covering an additional 50 acres of land owned by the same party was submitted and received County approval on 12/7/2020. Limited grading work was conducted during 2021 - 2023 while large amounts of existing debris were collected and hauled to landfill. It was observed that some of the fill material staged on site during this period contained pieces of asphalt pavement and concrete sidewalk. As these materials are not permitted as bulk fill under Utah Division of Environmental Quality rules, property owner was required to remove all such materials and haul them to landfill. This was done in a timely manner and State DEQ representative performed a post-inspection.

Owner notified County staff of intent to begin earthwork activities in earnest beginning in December 2023. County staff has coordinated with State Division of Water Quality, sitework contractor, and third party geotechnical special inspector to ensure that a traffic control plan is in place for construction traffic crossing Kane Creek Road, water quality best management practices are in place, and all other conditions of grading permit are complied with. Sitework Contractor posted the necessary damage bond and traffic control plans and a County ROW Encroachment permit was approved on 1/4/2024.

The scope of the grading activity is quite large and it is anticipated that the work will take as much as 18 months to complete. Traffic control needs will be constantly monitored and evaluated by the Grand County Road Supervisor as traffic levels undergo seasonal changes. If warranted, more extensive traffic controls may be required to ensure safety of road users.


Looking for information regarding the proposed development on Kane Creek Road (aka Kane Springs Blvd)? Here you will find up to date and accurate public record information on the proposd project. If you are not able to find what you are looking for here, you may submit a GRAMA (Government Records and Access Management Act) request via the County Clerk/Auditor's office.

Summary/History of the Kane Creek Development

Updated February 5, 2024

Entitlements: County Ordinance No. 229 was adopted on July 6, 1992, approving a rezone from G-1 (General Grazing) to C-3 (Highway Commercial Zone) for property described as:

Government Lots 4 and 7, Section 16, T26S, R21E, SLB&M.

That portion of Government Lots 8 & 12 Setion 10, T26S, R21E SLB&W that lies Easterly of Kane Creek Blvd.

That portion of the NW quarter SW quarter section 15. Government Lots 1 and 3 Section 15, T26S,R21E, SLB&M that lies Easterly of Kane Creek Blvd.

All of the NW quarter SW quarter Section 15.

(the zoning for the subject property is currently under review with the Planning & Zoning Department and the County Attorney, as the legal description from ORD 229 does not match the GIS zoning map, which is not an official zoning map, but is used for general reference. We are currently working to locate an official zoning map on file with the County Recorder's office.)

The stated purpose for the rezone was to allow for an “Overnight camping area for tents and campers as per preliminary plat for Campground and future development in accordance with C-3 Zone Activities”. The C-3 zoning district was later renamed “Highway Commercial'' (HC). Per Grand County Land Use Code (LUC), properties zoned Highway Commercial are allowed to develop up to 18 residential units/acre and various commercial uses, by right. Per State Statute, both preliminary plat and final plat subdivision applications are approved administratively, meaning, as long as all proposed development is in compliance with the County’s LUC, the Land Use Authority cannot deny the application.

Application for Preliminary Plat for a subdivision & Conditional Use Permit for a major utility: (Corrected) A Preliminary Plat subdivision application was submitted to the Planning Department on May 13, 2021 for parcels 12-0015-0001, 12-0015-0002 12-0010-0001 12-0010-0002 12-0015-0003 12-0016-0002, the Kane Creek Preservation and Development, LLC.. After review of the application materials, planning staff issued an ‘application complete’ letter on July 22, 2021, meaning all application materials required by the LUC in order to review the project were submitted. At that time, the Applicant paid the preliminary plat application fee and the review process commenced. A Development Review Team (DRT) meeting with the applicant occurred on August 4, 2021 and on August 12, 2021 a DRT comment letter was sent to the Applicant.

On February 22, 2022 revised application materials were submitted to the Planning Department, which constituted a substantial change to the proposed subdivision development. The Planning Department required that the application be reviewed anew at that point, thus a new permit was created in the development portal and the application fee from the original May 2021 application was carried over to the new permit. The Feb 22nd 2022 Preliminary Plat application was deemed complete on March 31, 2022, and a letter was issued to the Applicant. Application materials were dispersed to the DRT for comment shortly thereafter. The DRT review required the applicant to establish a ‘body politic’ to oversee the utilities. The applicant spent the next several months working with the Utah Division of Water Quality to get approval of public Water and Sewer systems to serve the project. In a letter issued by the DEQ Division of Water Quality, dated March 27, 2023, an “Approval in Concept” was granted, subject to several conditions.

Following the resubmittal of materials, in response to the first round of DRT, an in-person DRT meeting with the applicant’s team occurred on May 10, 2023. At that time the County Attorney issued a determination that the subdivision Preliminary Plat could not be processed further until a Conditional Use Permit was submitted and approved for the construction of a wastewater treatment plant, (Use type = “Major Utility”) on the property. Per LUC Section 7.10, all subdivisions must be served by an “approved public sewer system”. Thus, approval of the Conditional Use for the wastewater treatment plant and similarly, the drinking water storage tank, must occur prior to the approval of the subdivision Preliminary Plat.

The County Attorney also imposed conditions related to required off-site improvements of the existing county road that provides access to the development parcel (Rte. 114 - Kane Creek Road) The off-site road improvement requirements were recommended by the County Roads Supervisor and County Engineer based on a review of current levels of traffic, the anticipated increase in traffic from the proposed development, and minimum standards for safety established by AASHTO. The required off-site road improvements consist of:

  1. Prior to the addition of construction traffic associated with the development, a minimum paved roadway surface width of 20 feet must be established

  2. At such time as the Annual Average Daily Traffic (AADT) on the county segment of Kane Creek Road exceeds 2,000, the county portion of road must be improved to the County’s Minor Collector standard prior to the approval of any further phases of development. This threshold will likely be reached at the completion of the planned Phase 3 of the development.

The Kane Springs Improvements District (KSID) and the Applicant were notified of these requirements and subsequently the KSID submitted a CUP application to the Planning Department on October 11, 2023 for the major utility, sewage treatment plant. Will Serve signatures were collected at that point, from the various agencies/entities that would need to serve the project. In addition to the time required to collect ‘will serve’ signatures, some time had lapsed due to ownership changes and discrepancies with owner consent and statement of authority submissions, before the application could be deemed complete on December 12, 2023. As of January 11, 2024 the CUP application has been reviewed by the DRT and a comment letter will be issued to the applicant during the week of Jan 16-19th. Legal Review of the application will commence upon receipt of any updated materials requested by the DRT. Upon passing legal review by the County Attorney, the application will come forward for approval at a County Commission public meeting. If the CUP is approved, the preliminary plat application for subdivision may continue to be processed.

Per LUC Section 9.10, Conditional use permits shall be approved in accordance with Utah Code § 17-27a-506. In determining whether there are reasonably anticipated detrimental effects of the proposed use, or whether reasonable conditions can be imposed to mitigate them, the following criteria shall be considered:

A. Effect on Environment

B. Compatible with Surrounding Area

C. External Impacts Minimized

D. Infrastructure Impacts Minimized

E. Consistent with LUC and General Plan

F. Parcel Size

A. The County may, in the interest of the public welfare and to assure compliance of this LUC, establish reasonable conditions to mitigate the reasonably anticipated detrimental effects of the proposed use, such as conditions related to the operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any use listed as a conditional use permit, the County may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property, the neighborhood and the County from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, traffic circulation or other undesirable or hazardous conditions. In addition, where conditional uses involve significant alteration of the landscape or pose potential threats to the scenic quality of the County, reclamation bonds may be required as deemed necessary to ensure reclamation of disturbed sites to their natural, original or other substantially beneficial condition consistent with local plans to the extent practicable, and to protect the County’s recreation-base economy, as determined by the County Commission. Applicants may be required to post sufficient security, as deemed reasonably necessary by the County Commission, to guarantee that the final reclamation shall be accomplished within one year of the cessation of the permitted activity/facility; a surety bond approved by the County Attorney may be acceptable.

B. Conditional use permits may be denied if the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or by the imposition of reasonable conditions to achieve compliance with the criteria of Section 9.10.5.

C. Conditions of approval may include a requirement that the applicant submit an annual statement of compliance detailing how the applicant has complied with terms of the permit, including a detailed and specific report on steps taken in the prior year to comply with other applicable local, state and federal requirements and laws. The Administrator shall review and approve such annual statement where the applicant is continuing to comply with the applicable requirements of the conditional use permit. Where the Administrator determines that the applicant is in violation of any requirement of this LUC or conditions of approval, the Administrator shall revoke said permit in accordance with the requirements of Section 9.10.7. Alternatively, and at the discretion of the Administrator, such permit may be referred to the County Commission for review.

History of grading permit and floodplain development permit applications/actions by current ownership group:

Initial action, (February, 2020) was a Site Plan application made by Kane Springs, LLC, for an expansion of the existing RV campground located at the mouth of Pritchett Canyon. (Property zoned HC-Highway Commercial with OAO - Overnight Accommodation Overlay) This initial site plan application has since been withdrawn.

This application triggered a Floodplain Development Permit due to its location in a FEMA designated Special Flood Hazard Area (SFHA). Grand County, as a participating community in the the National Flood Insurance Program, has adopted and enforces a Flood Damage Prevention Ordinance (most current version Ordinance No. 598, adopted in 2019) Due to the scale of the proposed expansion, (> 5 acres) a detailed engineering flood study was required to determine the Base Flood Elevation.

Owner/developer hired professional consultants to conduct the following surveys/studies/reports:

  • Flood study of Colorado River for 2.2 miles beginning around Moab Rim Trailhead and extending downriver to 0.4 miles downstream of the mouth of Kane Springs Creek. (Reviewed by FEMA and LOMR officially adopted into Flood Insurance Rate Map effective 11/13/2020)

  • Determination of jurisdictional “Waters of the U.S.” per Section 404 of Clean Water Act. (Reviewed by U.S. Army Corps and letter of concurrence issued 6/3/2020)

Due to the requirement for any new construction within the SFHA to be elevated 12-inches above Base Flood Elevation, Applicant decided to undertake a mass grading approach, placing fill over large areas to raise ground surface elevation above Base Flood Elevation. Note: Ordinance 598 permits fill to be placed in SFHA’s but not within the Regulatory Floodway. Fill placed within SFHA must have engineering design and be placed in accordance with Appendix J-GRADING of current Building Code.

Application for joint Grading Permit/Floodplain Development permit covering the 15 acres of the proposed RV campground was submitted with engineering drawings, geotechnical report, and associated fee. Permit #6024 was approved by the Grand County Building Official, Floodplain Administrator, and Engineer on 9/15/2020. A second grading permit (#6072) covering an additional 50 acres of land owned by the same party was submitted and received County approval on 12/7/2020. Limited grading work was conducted during 2021 - 2023 while large amounts of existing debris were collected and hauled to landfill. It was observed that some of the fill material staged on site during this period contained pieces of asphalt pavement and concrete sidewalk. As these materials are not permitted as bulk fill under Utah Division of Environmental Quality rules, property owner was required to remove all such materials and haul them to landfill. This was done in a timely manner and State DEQ representative performed a post-inspection.

Owner notified County staff of intent to begin earthwork activities in earnest beginning in December 2023. County staff has coordinated with State Division of Water Quality, sitework contractor, and third party geotechnical special inspector to ensure that a traffic control plan is in place for construction traffic crossing Kane Creek Road, water quality best management practices are in place, and all other conditions of grading permit are complied with. Sitework Contractor posted the necessary damage bond and traffic control plans and a County ROW Encroachment permit was approved on 1/4/2024.

The scope of the grading activity is quite large and it is anticipated that the work will take as much as 18 months to complete. Traffic control needs will be constantly monitored and evaluated by the Grand County Road Supervisor as traffic levels undergo seasonal changes. If warranted, more extensive traffic controls may be required to ensure safety of road users.