KANE CREEK DEVELOPMENT

PROJECT BACKGROUND

Development Site

The Parcel

The Kane Creek luxury resort proposal would put a massive development on 180 acres of land along the Colorado River just outside of Moab. The land consists of about 70 acres of river floodplain that is a combination of old farmland and riparian forest, and upper benches of redrock desert that border a Wilderness Study Area and are thick with ancient archaeological sites. The Kane Creek Road runs through the property to access Kane Creek Canyon–it’s a narrow and roughly paved road going past massive sandstone cliffs, along the edge of the river, past several petroglyph panels and flash waterfall channels and designated critical habitat for at least two endangered species. The place is beloved among residents and tourists for its undeveloped scenery and relative quiet–a very rare thing in Moab so close to town. 

The Developers

Craig Weston
Tom Gottleib
Trent Arnold

We can still stop this development from ruining Kane Creek.

Voice Your Concerns

Write the developers and tell them why this is the wrong development for Moab: [email protected]

Developer Information

Kane Creek Preservation and Development, LLC; 10466 Iverson Lane; Highland, UT 84003

NATIONAL PARK LEVEL SCENERY SHOULD NOT HAVE AN EXCAVATOR

We must stop the destruction.

Timeline of events

Ancient and Historic:

For thousands of years: Ancient indigenous peoples (sometimes called the Anasazi or Ancestral Puebloans), now descended by the Hopi and Puebloan tribes, farm the floodplain now known as King's Bottom. They hunt with chipped stone arrows, build their homes and storage structures on the upper benches, carve art and messages into the cliffs, and bury and honor their dead in soft-dug pits and walled-in alcoves.

1930s:

The Civilian Conservation Corps blasts and hacks the first developed trail from the Moab valley into the downstream Colorado River canyon to King's Bottom.

1930s-60s

Using some of the dynamite also commonly used in the area for uranium mining, descendants of settlers blast out big caves in the lower cliffs along the floodplain. Later, these caverns and the floodplain host the "Egg Ranch," which is exactly what it sounds like. The Kane Creek Road is often locally still called the "Egg Ranch Road."

1950s-80s

Government archaeologist Lloyd Pierson records in several reports that numerous Ancestral Puebloan sites, including petroglyphs, pit houses, storage pits and granaries, and at least one grave are located on or immediately adjacent to the private property at Kings Bottom and the benches above (now the property proposed for development). Artifacts and human remains are removed and given to the local museum (as was the practice at the time, but is usually not considered ethical now).

1992

The Grand County (Moab area) Commission re-zones part of the land along the Kane Creek Road to C3 (now called Highway Commercial). According to a Commissioner's editorial and notes from the time, it is supposed to be a 10-acre campground. However, the person writing the ordinance's map description, it appears mistakenly, writes the zone change to cover around 100 acres mostly on the uphill side of the road. Grand County and the developers have not yet publicized any official government act that changed the floodplain zoning from Range and Grazing, which has a 5 acre minimum lot size and would not allow anything close to this development. It is also uncertain whether the allegedly mistaken map description is legally binding.

1985

This is approximately the last year that any publicly available satellite imagery shows that the property is being irrigated to any visible degree.

2017

Craig Weston, a resident of Highland, Utah (near Salt Lake City) buys the land at King's Bottom (the floodplain area along the river). After purchase, Weston operates a small campground that has 1.5 stars on TripAdvisor, the lowest rated campground in Moab on the site.

2020

Weston, now "Kane Springs LLC," submits a plan to Grand County for approval for a 100 unit "glamping" campground in the floodplain and the mouth of Pritchett Canyon.

2020

Weston gets a letter from FEMA, based on the developer's engineer's findings, saying that if they pile enough dirt onto the floodplain, it will no longer count as floodplain and structures can be built there.

2021

Weston secures the County grading permits necessary to start filling the floodplain with dirt. They need between 4 and 12 vertical feet (depending on exact location) to bring the land one foot above the official flood level.

2021

Weston adds two partners, resort developer Tom Gottlieb of San Francisco and Aspen, and Trent Arnold. Around this time the developers, now incorporated as "Kane Creek Preservation and Development," buy the approximately 100 acres of upper bench land adjoining the floodplain from Charles Nelson.

2021

Weston tells the Moab newspaper in late October that he plans to build a "research and innovation hub," "workforce housing," and a "sanctuary" for native plants. He says he envisions 30-50 housing units, but "mostly a center for research and development."

Late 2021 or Early 2022

The developers place a sign along the road by the development which reads "Kane Creek Natural Vegetation Restoration Project: Native Species Nursery," with a contact email. No other signage explaining the development has ever been placed at the site.

Early 2022

In January and February, the developers create and submit a revised site plan with a vastly expanded project (both from a 100-unit "glampground" as well as the "30-50 homes" and an "innovation hub"). This proposal includes 582 "dwelling units," 72,000 square feet of commercial space, the same "glampground," several 3-story condos, and an "amenity center" with multiple pools, a restaurant, a climbing wall, and other attractions (it looks like a country club in the plans).

Early 2022

The developers' traffic study notes that the developers expect 90% of the dwellings to be "recreational homes" (which in traffic study language means "vacation homes"), that it is "resort-style," that only "a small portion of the commercial space and amenities is proposed to be open to the public," that it will feature "private luxury stores," and that "it is unlikely the commercial space will draw consumers from Moab City based on the price point of goods and services on-site."

2022

Local luxury realty firm Sotheby's circulates a brochure among agents touting the "Kane Creek...highly amenitized luxury community." The brochure refers to 2-bedroom duplexes "around $1,500,000," "5,000 square foot, custom single family home[s]," and asks "what percentage of [your clients] would *not* be interested in renting their second home?"

2022

Craig Weston's attorney registers a new corporation (LLC) called the "Utah Workforce Housing Alliance." Weston's brother Kael Weston, an activist in the Democratic Party, is the sole person named on the paperwork. 3 months later and less than a month before the election, the "Utah Workforce Housing Alliance" donates $6,000 to the Grand County Republican Party, which makes the corporation the local Party's largest donor. This donation, because of its timing, does not need to be publicly disclosed until after the election. Later, Kael Weston tells the Salt Lake Tribune that he knew nothing about the contribution. The local party spends money to support the campaigns (either through advertising or direct contributions) of 3 County Commission candidates and a County Attorney candidate. Two of the supported Commission candidates and the County Attorney candidate win the election. The previous County Attorney, who had expressed doubts about the project, is ousted.

Fall 2022

The Grand County Commission forms the required "Improvement District" to oversee the proposed development's privately owned sewer plant, appointing 3 County Commissioners to the board. Shortly after, the developers' attorney writes a letter to ask the Improvement District to delay meeting so the various alleged "deficiencies" in the the public noticing and other aspects of the District's formation can be addressed.

2022

Craig Weston and Trent Arnold, two of the 3 developers (Tom Gottlieb of Geolo Capital and Aspen is the third) evict approximately 16 (number depending on who you ask) lower-income and mostly older people who had been living on the upper part of the property, mostly in trailers.

Winter Early 2023

At the end of the Utah state legislative session, legislator Curtis Bramble inserts a rider into a House Bill 22 that he said targeted an Improvement District in Grand County. It automatically dissolves any District's board that was created within certain dates but did not meet within 100 days. It provides for the creation of a new District board, which may only consist of property owners in that District, or their agents. The Kane Creek developers quickly form a new sewer plant oversight board consisting only of themselves.

Spring 2023

The Grand County Republican Party receives another round of donations either directly from Weston or from LLCs registered to his home or business address. The donations total $4,000.

Summer 2023

49 Moab area residents file a protest against the state's permitting of the private sewer plant, but the state grants the permit.

Summer 2023

Grand County Planning informs the developers that the early stages of their building proposal will trigger a requirement that the access road (which is currently approximately 16 feet wide, has little or no shoulder, runs over federal and Nature Conservancy land, is along steep cliffs directly above the Colorado River, and is blocked by flash floods or rockfalls multiple times per year), must be expanded to a class that mandates 50 feet in width and a 66-foot right-of-way, with limitations on turn radius, slope, and blind corners/hills.

Fall 2023

The developers submit an application to Grand County for a Conditional Use Permit to build a sewer plant on the property. Public hearings and votes have not yet been scheduled.

December 2023

The developers begin the process of filling the floodplain. They start by bulldozing the large native cottonwood trees in the first areas to be filled and used to store equipment (no "plant sanctuary" has appeared). They also begin digging up the benches above to collect the fill dirt needed to raise 65-75 acres of floodplain. The benches above have no known archaeological surveys, but numerous ancient indigenous sites have been documented in the immediate area, both on and just off the private property. The public doesn't know if the gravel pits are removing archaeological artifacts (it's legal on private land unless a grave is disturbed).

January 2024

Moab locals and visitors, few of whom were previously aware of the process, now wintess a major earthmoving operation. A County Commission meeting on the 16th, to review the progress of the development, attracts hundreds of attendees and dozens of speakers. The only person to speak in favor of the project is Tom Gottlieb, one of the developers, who delivers a prepared statement via Zoom touting his conservationist credentials and the benefits of the development.

Late January 2024 - Present

Citizens hold a community meeting at Star Hall, forming a watchdog group with the goal of stopping the development entirely, purchasing the site, rehabilitating the damaged land, and turning it into a public park. They begin an outreach and public education campaign and form teams to collect information about the history, scientific analysis, legal and policy issues, and cultural interest regarding the site and the development. We fundraise with the primary goal of funding a legal campaign and the supporting scientific and outreach work to stop the development and return it to the local community.

Coming up (as of March 2024)

  • The Conditional Use Permit hearings and vote to build a sewer plant
  • A public hearing and protest period on the developers' application to change their water rights
  • The process, and County Commission vote on the approval, of the "preliminary plat," site plan and subdivision plan
  • The County's formal response and/or plan of action regarding possible zoning errors that would preclude much of the development
  • The County's formal response and/or plan of action regarding the issue of "resource extraction" (AKA gravel mining) on the benches in a zone that doesn't allow that use
  • The developer's efforts to get enough gravel to fill the site, and the possibility of flooding before they are finished
  • The fallout from massively ripping down and reshaping close to 180 acres of ground in an area with a high density of indigenous American archaeological sites
  • Watching the developers try to get the funds, permits, rights-of-way and federal law clearance to get about 3 miles of narrow road more than tripled in size—handling onsite issues of: the immediately adjacent and underneath Colorado River; a dozen or more flash waterfall channels that empty directly onto the road; several ancient petroglyph panels; designated critical habitat for multiple endangered species; overhanging cliffs that drop road-blocking stones; two campgrounds and a popular Jeep trailhead that share the narrow bench between river and cliff; uncertain and tangled existing rights-of-way; a patchwork of land owned by the federal government, Nature Conservancy, and several private landowners; the need to move a large regional powerline; and a hostile local population.

Grand County Connects

Kane Creek Development Public Information Clearinghouse

Here you will find up to date and accurate public record information on the proposed project.

Key Concerns

Unified Community Opposition

Community opposition to this project is strong, as it threatens the scenic landscape, wildlife habitat, and cherished recreational areas that define our local identity and attract visitors to Moab.

National Park Quality Landscape

In any place less spectacular than Moab, the land around the proposed development would qualify for national park status. In addition to scenic beauty, it hosts numerous ancient indigenous sites and critical habitat for more than one endangered species and borders a Wilderness Study Area.

Building on Riparian Floodplain

In order to build this, the developers are piling between 4-12 vertical feet of sand and gravel on the Colorado River floodplain. This ground is where they plan to put hundreds of luxury homes, condos, country club, and private sewer infrastructure.

Errors + Omissions in Permitting

While we haven’t yet had the chance to prove this in court, our research has uncovered what we believe to be multiple skipped or inadequate steps in the various permitting processes. Local law and government appear unprepared for a development of this size in a place this much on the edge.

Interference with Local Government

The developers and their allies in state government have more than once interceded in local political or government affairs to change laws and fund candidates that would be more likely to allow this development.

Exclusive Luxury Resort

The developers pay a lot of lip service to affordable housing, but their own documents describe this as “an exclusive residential estate,” “resort style,” and “highly amenitized,” containing “private luxury stores,” $1.5 million duplex, 5,000 sq ft custom homes, and 90% vacation homes.

Location

Kane Creek Development Watch

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