After a confused discussion about who has the right to request an amendment to the Grand County land use code, the Grand County Council voted 4-3 last week to ask the Grand County Planning and Zoning Commission to evaluate uses granted “by right” in heavy industrial zones.

“By right” means there can be no conditions attached to a permit in the areas zoned for heavy industrial development.

A request for an amendment was submitted to the council by the Canyonlands Watershed Council. But the county council’s vote means that the request comes from the council rather than from the private group.

Council chairman Bob Greenberg noted that the heavy industrial zone allows a long list of uses that can be implemented by landowners without conditions.

Council members Chris Baird, Chris Conrad, Audrey Graham, and Greenberg voted for the motion. Ken Ballantyne, Gene Ciarus, and Pat Holyoak voted against.

The impetus for the watershed council’s request stems from a proposal made by local realtor Randy Day to change the zoning of a large land parcel in Cisco from agriculture to heavy industrial so that his client could construct a rail yard.

“There was no guarantee that the zone would not be used for a by-right use other than the one proposed, should the area be rezoned as heavy industrial,” the watershed council request stated.

“The conditional use permit process would provide an opportunity for input from nearby residents, land users, and land owners that might be impacted by the proposed use and provide for an evaluation of an potential adverse impacts to the natural environment.... The conditional use permit process would also allow the county to annually review the permit and institute any necessary changes,” the request stated.