Commission approves R5 rezoning for 8 Mile Gap Road parcels, conditions easement to preserve public access

The Kane County Commission voted Feb. 24 to rezone multiple parcels off 8 Mile Gap Road from agricultural to residential‑5 (R5), a change sought by a developer who intends equestrian‑style lots with five‑acre minimums.

Chris Eaton, representing the applicant Iron Rock, described the proposal and said the parcels face clay soil constraints that will require percolation testing; he told commissioners the applicant agreed to preserve continued access to adjacent public land in Arizona by allowing public passage through the property. “We could just record an ingress and egress through the property,” Eaton said when asked about securing access.

Commissioners focused on two core issues: whether road upgrades could be required, and protecting public access. Several commissioners urged that a prescriptive easement or development agreement be recorded so the public’s historical access route to the state public land is preserved; one motion approving the zone change included a stipulation that a prescriptive easement be recorded upon recording of the zone change.

Commissioners also expressed concern about the condition of 8 Mile Gap Road — a gravel route with washboarding — and whether requiring a new developer to pay for broad road upgrades is fair when existing neighbors also use and maintain the road. Staff noted that required road improvements typically depend on traffic generated by the final subdivision plan and that a development agreement can enumerate standards if the commission desires.

The motion to adopt the ordinance with the easement condition passed; the transcript records the final tally as 2 in favor and 1 opposed.