Newsletter and Protest
Here are some details on our more recent efforts to STOP Kane Creek Development.First, please join us this Sunday, November 17th (meet at 11AM, main event at high noon) for a safe and legal protest of the proposed development. Use your First Amendment rights to tell the reporters why investors should drop this project like a hot potato.We are asking anyone in a car (unless you’re a journalist) to meet at the large parking lot at the end of the paved part of the Kane Creek road (AKA the Jackson parking lot, the one where the road enters Kane Canyon) at 11AM. We will have a shuttle or carpools arranged to get people to the protest site, which is at the ledge overlooking the bulldozed area (the BLM trailhead that allows access to Behind the Rocks). If you’re on a bike or are a journalist or a photographer, you can park at the limited space at the protest site (we’ll have signs). We plan to have hot food and drinks there as well as sign-making supplies and places to write letters etc. A lot of this is to be documented for social media and to provide directly to media outlets, so let’s have fun! We ask everyone to be careful not to damage any property, trespass, or otherwise break the law, since that gets us in trouble. TELL YOUR FRIENDS!  |
| Other Updates: Zoning We have filed a formal request that Grand County take a position on the legal zoning of the parcels proposed for development. The development, as currently proposed but not approved, depends on the developers’ claim, based on a nonbinding County map, that nearly all the property is zoned Highway Commercial. Our extensive research, conducted when the County admitted that the zoning was uncertain, found no legal basis for that claim, and lots of evidence that, at the very least, the floodplain being bulldozed was zoned Range and Grazing. That zone allows only very low-density residential development, not hundreds of luxury homes and a country club. Even more intriguing, the 1992 ordinance that changed part of the property to Commercial was supposed to be for a 10 Acre parcel hosting a small campground, according to County records. There is much confusion as to how those 10 Acres gradually became over 150 Acres of Highway Commercial on the unofficial online County Zoning Map. The Grand County Commission will hear our case on December 3rd. While the zoning is a moot point should the property become a “preliminary municipality” under SB 258, the zoning would be highly relevant should the developers fail to fulfill the SB 258 criteria, as the property would revert to the original zoning. We will let you know what the Commission decides. Water We, along with local organization Living Rivers, have been able to completely halt construction at the development site since May via our challenges to the developers’ water supply. A volunteer spotted that the water well the developers were using was not permitted for use—due to our challenge to the well’s water rights. Construction cannot continue without water, and there is currently no other water source. The developers can develop other water sources, but not without great expense. They are pursuing other avenues to bypass County laws, but water law is state law and cannot be bypassed (and given the sensitivity of water law, we can hope that they don’t have friends in the state legislature willing to rewrite the law for them). We plan to pursue the water issue, and we assume they are doing so as well. SB 258 Because of its complexity and riskiness, the proposed resort community at Kane Creek triggers a LOT of local, state and federal laws. We have been prioritizing our resources on the laws that seem most likely to have an impact on the development–county, state, and federal. County law was becoming a significant hurdle for the developers due partly to local opposition as well their own failure to conform to existing ordinances. In order to sidestep county law (zoning, road upgrades, sewer permitting, building permits, etc.) the developers have a brand new state law, SB 258, which allows them to create a “preliminary municipality” with nearly all the powers of a town or city, but no residents (the developers literally write the town’s laws themselves). This new state law appears to have been tailored for this development (similar to HB 22 in 2022).The law went into effect May 1, and that day, the developers filed to begin the process of becoming a preliminary municipality. We are monitoring and planning to participate in that process. If the developers are able to secure their own “town,” which is likely because the law exactly fits their circumstances, we will carefully monitor their activity and ensure that they are following all laws governing municipalities (financial reporting, open meetings with public comment, transparency, and similar). Regardless of whether their effort to become a town eventually succeeds, they must still follow state and federal laws and must be able to secure significant contributions from the City and County (or pay for things like, just to pick an example, a multi million-dollar expansion of the Kane Creek road themselves, as well as getting federal, state and local permits). We will also continue to ensure their compliance with state law (particularly water rights) and federal environmental protection laws. Fundraising Thank you to everyone who attended our Fisher Creek Brewing Fundraiser in SLC on September 12th! We raised over $7000 at the event. Thank you to Fisher Brewing, the Bands, Artists, and Bike industries for their donations of space, artwork, items, and music! The money is being used to fund our legal fund to challenge the developers’ water rights. If you couldn’t attend, you can always donate to support our litigation fund, which takes up the overwhelming majority of our budget. Donate Volunteer Needs We have ongoing online research projects for anyone who can collect and record needed information. Click below or email us at [email protected] |
