Grand County Council meeting report 2020-07-21

The County Attorney reported that a “takings” review and appeal has been filed by Reed Pendleton, based on the Council’s recent denial of his RV Park rezone application in the Hwy 191/313 area. Council noted that it wants to get public input and institute a Small Area Plan for that area before approving any rezones for that area, as it’s the scenic gateway to Moab. In addition, some council members were reluctant to approve new tourist accommodations while there were still a large number of vested unbuilt projects in the pipeline.

Solar at airport. Council approved the establishment of a working group committee to investigate solar farm options at the airport.

New Planning Commission member. Council approved the Planning Commission’s recommendation for Josie Kovash to fill the vacancy on the PC. The term will expire 12-31-20. Jaylyn noted that there were four very good candidates that that the PC urged them all to reapply in the future.

Council voted to delay action on the Peak View Phase 1 Final Plat, located at 3640 S. Spanish Valley Drive (directly north of Rim Village). Vote was 6-1 (Evan opposed).

• Recall that developers were granted a high density housing overlay (HDHO) in Nov. 2019. Since then, the developers, County Council, County Attorney and planning staff have not been able to come to an agreement on who would assume future liability for the the developers’ stormwater drainage plan that transfers the stormwater across Spanish Valley Drive onto a 3rd party’s property.   Developers have insisted the County (i.e. taxpayers) indemnify the 3rd party property owner for any future property damage caused by flooding, channeling, erosion, or silt or debris deposits, all of which are almost certain to occur, in addition to any crop and equipment damage – impacts and damages that would not occur but for the Peak View development.
• At the previous meeting, several Council members and the County attorney noted that developers should pay their way, rather than making taxpayers foot the bill for future damages caused by private developments.
• At today’s meeting, several council members stated that they were opposed to the county indemnifying a developers’ infrastructure and making taxpayers liable for future costs caused by stormwater damage, and were also opposed to doing favors for particular developers. Grand County receives numerous development proposals and council members noted that there’s no reason to bend the rules and do favors for private developers, as others have figured out how to play by the rules.
• Then, in a surprising announcement, when it looked like the Council would likely vote to NOT approve the developers’ indemnity request, the developers’ attorney told the Council that the developers have another idea for the stormwater drainage and need more time to flesh it out and discuss with the county attorney, county engineer and road department.
• The saga continues. Stay tuned.

Hospital update. Council agreed to invite representatives from Moab Regional Hospital to update the council and public at the Council’s next meeting regarding MRH’s situation in light of the pandemic.

Special Service Districts. Council agreed to schedule a future workshop to review and discuss some of the special service districts that have been created over the past many years. There was discussion that some SSD’s need to be dissolved if no longer needed, not providing adequate services to residents of the county, etc.