Big Idea

• The City received the notices on August 8th and 9th
• This was in regards to the City’s proposed Airport Vicinity Overlay Zoning District
• The developers’ concern is that it will prevent them from land development approved by Council in 2017
• The purpose of hiring outside counsel is to help balance the City’s need to ensure airport protections and the rights of the developers
• Read more...

Can outside counsel help to craft a compromise?

On Monday, August 8, the City of Prescott received a Notice of Impasse and Default from attorneys representing Chamberlain Development LLC. On Tuesday August 9th the City received a similar notice from attorneys representing Aspire Homes.  The developers allege that the City’s proposed new Airport Vicinity Overlay Zoning District prevents them from developing certain land near the airport in accordance with the Deep Well Ranch Development Agreement which was approved in 2017.

Council met in executive session on Tuesday August 9th to address the notices.  Immediately following the executive session, Council voted to approve retention of outside counsel to assist the City in response to the notices.  Council also directed staff members to schedule and participate in the two impasse meetings.  

The purpose of hiring outside counsel relative to these notices is to represent the City in seeking to balance the rights of the developers while ensuring airport protections for the safety of nearby residents.