Fairfield council issues notice of pending air‑park zoning changes after attorneys seek pause

The Fairfield Town Council on Sept. 25 voted to issue a formal notice of pending ordinance to update the town's air‑park zoning code and air‑park overlay after a night of public comments from property owners and outside attorneys.

The council adopted Resolution R2025-17, "Notice of pending ordinance related to changes in the air park zone," after residents and counsel urged the council either to postpone action or to accept a short, written pledge from the property owner not to file new land‑use applications while parties negotiate. The motion to adopt the notice passed with recorded votes of "RL: yes; Tyler: yes; Michael: yes; Richard: no." The council held the vote after extensive public comment and a planning‑and‑zoning report recommending the changes.

Why it matters: The pending ordinances (referred to in the meeting as ordinance 20‑25‑16 and ordinance 20‑25‑17) would repeal and reinstate sections of the Fairfield Town Code governing the air‑park mixed‑use zone and the air‑park overlay. That could change what uses are allowed on property near the town airport and clarifies the town's expectations for hangar homes, aviation buildings and related development.

Public comment and counsel involvement

Amy Walker, who identified herself during public comment, told the council she had spoken with "Alina and Mark" and that they "would be willing to agree not to file any land use applications for 60 days." Walker asked the council to allow that pause so stakeholders could negotiate the language of the proposed ordinances on the overlay.

Will Ewing, who introduced himself as senior counsel for The Church of Jesus Christ of Latter‑day Saints, said his clients own property and interests near the airport and asked the town to pause the process so attorneys could resolve "internal inconsistencies" in the draft ordinance. "Is residential use allowed in the ordinance? To us, that's unclear," Ewing said, citing ordinance 20‑25‑16 and saying the church and related entities wanted to work with the town to clarify permitted uses. He offered outside counsel time and resources to help revise the code at no cost to the town.

Loyall (Loyal) Huell, who identified himself as a senior partner at Curtain McCallum Key in Salt Lake, also urged the council to accept a written commitment from the property owner so the parties could negotiate rather than immediately proceed to litigation. Huell told the council that, with a recorded stipulation from the property owner not to file for a set time, the town could terminate the current pending action and initiate a new notice period — effectively giving the town additional time to refine the ordinance without immediate risk of a competing application.

Property owners and council concerns

Mark (a property owner at West Desert Airpark) and other speakers said the overlay and timing had already affected their operations and that they wanted to avoid litigation. He and other property owners said some state requirements for airport overlays did not exist until February 2024 and that the overlay language as drafted had practical effects — including on water rights transfers and where hangar homes could be located.

Council members voiced competing concerns. Several members expressed willingness to let stakeholders meet and try to resolve issues but also worried about town liability and ongoing operations at the air park. One council member said passing the ordinance and then making text amendments could create a confusing, "hodgepodge" of documents; others said an immediate adoption could expose the town to appeals and possible lawsuits.

Commitments and next steps

During the meeting, Walker said an initial commitment from her clients would be not to file land‑use applications for 60 days. Later in the meeting an email on record was referenced in which West Desert Airpark (the Pringles) agreed to a longer stipulation; the transcript records an on‑the‑record statement that "West Desert Airpark will stipulate to a hundred 80 days" and a request that the commitment be placed in a clear email.

Council members and outside counsel discussed the mechanics of pausing and reissuing a notice of intent to act if the council chose that route. Legal advisors at the meeting said that passing the ordinance could prompt one or more parties to file in district court within 30 days, whereas a voluntary, on‑the‑record commitment from the property owner not to file would reduce the chance of immediate litigation and give the town time to reopen draft language with all parties.

The planning and zoning representative (Wayne) reported a positive recommendation on the two draft ordinances and reiterated technical points the commission had raised, including the number of hangar homes the air park should accommodate and references to state airport rules.

Votes at a glance

- Resolution R2025-17 (Notice of pending ordinance related to changes in the air park zone): passed. Recorded votes included "RL: yes; Tyler: yes; Michael: yes; Richard: no." (Resolution text was discussed on the record and revised in the meeting to state it would take effect on the earlier of Sept. 30 or immediately after the previous pending notice expires.)

What the council did not do tonight

Council members debated but did not adopt the substantive zoning ordinances on final passage at this meeting. They instead moved forward with the notice of pending ordinance and the procedural steps needed to allow additional review and negotiation among property owners, the church's counsel and town staff.

Looking forward

Council members said they expect to continue negotiations with the parties and to seek clarified, written commitments from the property owner. Planning staff recommended retaining technical references to state aviation rules and to the town's air park definitions while clarifying permitted residential uses, hangar counts and how federal aviation administration regulations could affect adjacent properties.

The council also discussed operational issues raised by property owners, including on‑site water tanks and fire marshal concerns, and said they would prioritize getting town staff and legal resources in place to manage the next steps.

Ending

The council concluded the agenda item after adopting the notice and instructing staff to refine resolution language and to place the pending ordinances on future agendas for additional review.