Kane County approves response to Kanab City on Old Fort development agreement with added guardrails

Kane County commissioners voted Oct. 1 to approve a written response to Kanab City’s objections to the Old Fort development agreement, conditionally accepting changes to the letter requested by the county attorney to clarify public-access language.

The response, read into the record, explains that the revised agreement limits allowed uses, caps total units and revenue units, and preserves later technical reviews. As read aloud to the commission, "Sections 3 1 and 3 4 cap the project past 65 total units. Limit revenue generating units to 60. Limit the hotel to no more than 40 rooms. Limit residences to no more than 25," language that staff said was intended to narrow early approvals and require future PUD and permit-level reviews. The response says the county will not issue building permits for a phase until the developer provides reasonable verification of adequate water supply, sewer capacity, storm drainage, and fire protection.

The response also recounted a developer-funded traffic impact study (completed Sept. 17, 2026) that estimated about 180 vehicle trips on a typical weekday for full build-out and found no operational concerns at the intersections analyzed under the scenarios modeled; staff emphasized the study does not replace later engineering or life‑safety reviews. On public access to routes that may have long histories of public use, staff noted the county had not established clear legal title and chose not to pursue quiet‑title litigation, instead securing non‑motorized public access provisions in the agreement. Commissioners asked the county attorney to refine the paragraph about public access to match the development agreement’s release language and then approved the letter with that edit.