Kane County approves response to Kanab City on Old Fort development agreement, with edits to public-access language

The Kane County Commission voted unanimously to approve a written response to Kanab City regarding the Old Fort development agreement, contingent on attorney revisions to the paragraph addressing public access to routes across the property.

The chair read the county’s draft response under Utah Code section 17-79-802, telling the city the county considered each of the city’s concerns and made revisions where appropriate. The letter affirms that the county did not treat the development agreement as a substitute for the later technical reviews required before construction and highlights limits on uses, unit caps, and required later approvals. "The county has not treated the development agreement as a substitute for the later technical reviews required before construction," the chair read aloud.

The letter requires verification of adequate water supply, sanitary sewer capacity, storm drainage, and fire protection before any building permits may be issued for a phase. It also caps total units (65) and limits revenue-generating units to 60, restricts hotel rooms to no more than 40 and residences to no more than 25, and preserves later PUD and conditional-use review. The response clarifies that annexation is not made a condition of county approval and that the developer must address municipal consent or utility agreements with Kanab City.

Commissioners raised concerns about wording regarding BLM-route public access and a paragraph that could be read inaccurately about the county’s willingness to pursue quiet-title litigation. County counsel and the county attorney were asked to adjust the public-access paragraph so it more closely mirrors the development-agreement language (including covenants not to assert rights) before the letter is sent. After that edit, the commission approved the letter and directed staff to send it to Kanab City.