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Kane County approves rezoning to R‑5 for parcels off Eight Mile Gap Road with prescriptive easement condition
Summary
The commission approved Ordinance 2026‑03 to rezone two parcels off Eight Mile Gap Road from Agricultural to Residential‑5 to enable five‑acre equestrian lots; the approval was contingent on recording prescriptive easements to preserve public access and passed 2‑1.
The Kane County Commission on Feb. 24, 2026, approved Ordinance 2026‑03 to rezone parcels 4‑5‑9‑1A and 4‑5‑9‑2 off Eight Mile Gap Road from Agricultural to Residential‑5, a classification the applicant said would enable equestrian lots with a five‑acre minimum.
Chris Heaton, representing the applicant, told commissioners the owner agreed to allow continued access across the property to adjacent public land in Arizona and that any road improvements required at the time of development would be undertaken by the owner. Commissioners attached a condition that the zone change be recorded concurrently with prescriptive easements to ensure continued public access.
The motion to adopt the ordinance carried with Commissioners Gwen Brown and Celeste Meyeres voting aye and Commissioner Patty Kubeja voting nay. The minutes note the stipulation requiring recording of prescriptive easements alongside the zone change.
Details about the timing of development, road upgrades, or associated permits were not specified in the minutes.
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