Commission approves zone change with public‑access easement on 8 Mile Gap Road parcels
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Summary
Kane County commissioners approved Ordinance 02026-03 to rezone parcels off 8 Mile Gap Road to R‑5 for equestrian lots, adding a condition that a prescriptive easement be recorded to preserve public access to adjacent state land; vote passed 2–1.
The Kane County Commission voted 2–1 on Feb. 24 to adopt Ordinance 02026-03, changing the zoning of several parcels off 8 Mile Gap Road from agricultural to residential R‑5, with a stipulation that a prescriptive easement be recorded to protect continued public access to adjacent public land in Arizona.
Chris Eaton, representing applicant Iron Rock, said the proposal aims to create five‑acre equestrian lots but that soil and percolation tests will determine actual lot sizes and septic feasibility. Eaton told the commission the applicant is willing to record an ingress/egress easement to preserve existing public access to the public land to the south.
Commissioners raised the condition of 8 Mile Gap Road, noting it is gravel and not county‑paved and that increased lots could strain maintenance and safety. Several commissioners said it would be unfair to require a single new developer to shoulder road improvements for preexisting neighbors; staff suggested development agreements or pioneering agreements as mechanisms to allocate costs fairly.
Celeste Myers moved to approve the zone change with the requirement that a prescriptive easement be recorded to guarantee public access; the motion carried 2–1.
Next steps: the applicant will need to complete percolation tests and any development‑stage agreements or engineering studies required for platting and septic approvals.