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Continued zone changes mean more growth in Kane County

The Kane County Board of Commissioners met on Tuesday, May 25, at 10 a.m., at the Kane County Courthouse.


The meeting opened with a public comment period. Several commenters spoke regarding a zone change application for the Lost Springs subdivision from Agricultural to Residential 2.

Dan Goritz requested the county put up a sign or fence around a wash near the old highway to prevent people dumping garbage in it. The commission determined the area in question is within Kanab’s city boundaries, and the issue should therefore be brought to the city rather than the county.


Nancy Goritz commented on the proposed subdivision, expressing concerns that increased development is coming at the cost of the open spaces that make Kanab a “Western Classic.”

Sheri Myers, a property owner in the Lost Springs development, suggested an environmental impact study be conducted to determine the potential effects of hundreds of new homes being constructed. She also expressed concerns about the maintenance of Lost Springs Road, which would see increased traffic with the construction of the subdivision.


“This definitely needs to be done right,” Myers said. “There’s no going back after development takes place. Developers come in and they make their money ... and then they’re gone, and we will be living with this decision the rest of our lives.”


Kristi Bundrick, who has lived near Lost Springs for the past 18 years, stated her opposition to one and two-acre lots. Bundrick also expressed concern about the maintenance of the road as well as worries an expanded septic system could contaminate a nearby well used for domestic and stock water. She stated her wish to see the area remain rural with lots of five acres at minimum.


Doug Heaton spoke about some of his concerns regarding the handling of the issue by the Planning and Zoning Commission (P&Z). Heaton, who is chairman of P&Z and only votes in the event of a tie, clarified he was not speaking as a representative of the body. He expressed the view that by recommending against the zone change, P&Z had abandoned the county plan, which prioritizes growth and property rights, and stated that had he been able to vote on the issue, he would have voted to recommend in favor.


Following these comments, the commission approved the minutes and check edit report for the previous meeting on May 11, before entering into the regular session.


The commission entered into a public hearing regarding the appointment of Carolyn Banks to the Council on Aging Board before approving the appointment via resolution.


The commission approved an ordinance amending the Kane County finances code to delegate contracting authority to purchasing agents and elected officials for greater efficiency in county government operations.


The next item on the agenda was phase 2 of the Crimson Cliffs Estates subdivision, which involves the creation of the smaller lots. Commissioner Wade Heaton responded to the concerns raised during the public comment period, stating that for every call he receives opposing growth, he receives three calls from people unable to find housing in the county. “It’s where we are,” he said. “People want to move to this area.”


Heaton continued to express the view that measures to limit growth and stop the influx of people moving to the area would be a violation of property rights, which are prioritized by the county ordinance on the condition that they do not directly infringe on neighbors’ property rights. Heaton stated if an application is in accordance with the standards of the ordinance, it should not be the commission’s prerogative to deny based on other criteria.


Heaton also responded to residents who have opposed the rezoning of Agricultural zones surrounding their properties to Residential by clarifying that the Agricultural zoning designation is the least restrictive zone, while Residential is one of the most restrictive. Properties neighboring Agricultural zones are therefore already subject to the possibility of unwanted construction taking place nearby.


The commission approved a zone change ordinance for the Crimson Cliffs subdivision from Residential 2 to Residential 1.


The commission approved the zone change ordinance on behalf of Lost Springs Ranch LLC, from Agricultural to Residential 2.


The commission approved the East Zion Land Configuration Ordinance, which dedicates, vacates, and realigns portions of the North Fork Road.


The commission approved a proposed equipment deposit schedule and memorandum of understanding for events equipment.

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