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Supervisors repeal industrial rezone near planned port of entry after developer objects to dedications
Summary
The board voted unanimously to repeal a July ordinance and revert four parcels near Highway 80 and James Ranch Road from Light Industrial back to RU‑4 after the developer said required right‑of‑way and drainage dedications would render about 27 acres unusable; county legal counsel said reversion avoids long litigation.
The Cochise County Board of Supervisors voted Jan. 6 to repeal Ordinance 25‑14 and revert four tax parcels at the hard corner of Highway 80 and James Ranch Road from Light Industrial back to RU‑4. The developer, Tactical Holdings LLC, said the legal descriptions for required dedications (rights‑of‑way and drainage easements) were not available until after the board’s prior action and, once seen, indicated the dedications would remove roughly 27 acres from productive use of the roughly 115‑acre site.
Tactical’s representative told the board the company did not understand the scope of the dedications when it sought rezoning and that, had it known, it would have withdrawn the application. "More than a quarter of the property is rendered unusable," the applicant said.
County legal counsel advised that reversal of the prior ordinance would avoid protracted litigation and would allow the county to pursue rights‑of‑way for port infrastructure through negotiation or condemnation. "The better option though for the county, of course, is to approve this retraction and then proceed forward on our desire for rights of way through other proceedings such as condemnation and negotiation," counsel said.
Board members asked whether reverting the zoning would impede future development tied to the planned port of entry; staff and counsel responded that dedications tied to roadway and drainage engineering remain necessary for future development and that reversion returns the parcels to a usable status so the county and property owner can renegotiate terms. The motion to repeal and revert passed unanimously, and supervisors said the county will continue negotiations on rights‑of‑way and may pursue condemnation if necessary.
Legal staff noted an open notice of claim related to the matter and recommended continued discussion (including potential executive‑session advice) to determine next steps. The action restores the parcels to RU‑4 while preserving the county’s options to secure infrastructure access in the port planning process.
