City reaches settlement in Entrada sewer moratorium complaint

The Moab City Council unanimously approved a resolution on Tuesday, March 14 to settle a lawsuit brought against the city by C2 Moab, LLC, developer of the Entrada at Moab subdivision. The Entrada development is a multi-phase project that includes 45 planned townhouses to be built at the west end of 400 North.

According to information presented at the March 14 city council meeting, the developer has agreed to drop the lawsuit in exchange for a guarantee that the city will grant building permits for the final phases of the development and that a certificate of occupancy will be issued upon completion of those final phases.

On Jan. 23, the city council voted to approve the final four stages of the project, allowing C2 Moab, LLC to move forward with installing sidewalks, landscaping and stormwater retention areas. But the council’s Jan. 23 approval came with the condition that the final phases of the Entrada development would be subject to a partial moratorium on new sewer hookups that was approved by the council in November.

During the Jan. 23 meeting, council members told the Entrada developers that the project would not be allowed to connect to Moab’s wastewater treatment plant until the moratorium is lifted or until there is available capacity at the sewer plant. Without a connection to the wastewater treatment system, the city will not grant a certificate of occupancy.

In December, C2 Moab, LLC filed a complaint in 7th District Court in Moab contending that the final phases of the Entrada project should have been eligible for a priority wastewater treatment connection and excluded from the sewer hookup moratorium.

The developers have already built the majority of the townhomes after plans for the first three stages of the project were approved in 2013.

“I believe it’s reasonable to move forward,” council member Kalen Jones said.

The settlement states that the developer has already received final plat approval for phases four through seven of the Entrada project.

“As part of this agreement, the city hereby agrees to grant building permits [for phases four through seven], certificates of occupancy upon completion of units and satisfaction of all other relevant requirements of the city,” the agreement states.

Bruce Baird, an attorney representing C2Moab, LLC, told The Times-Independent the developers are ready to move forward.

“We are pleased and gratified that the city did the right thing and we look forward to being a valuable part of the community going forward,” Baird said.

ByBy Rose Egelhoff

The Times-Independent