STAFF REPORT TO:
YAVAPAI COUNTY PLANNING AND ZONING COMMISSION
PREPARED ON: November 18, 2008
STAFF PLANNER: Kristy Dargue/Elise Link
PLANNING AND ZONING COMMISSION HEARING DATE: December 3, 2008
APPLICATION NUMBER: H8124
PARCEL NUMBERS: 303-05-012Z, 083, 084C, 084D, 085B, 085E, 085F, 086D, 086E,
086F, 086H, 086J, 086P, 086R, 086T, 086U, 090D, 090F, 090H, 090J, 090K, 090L,
090M, 090P, 090Q, 092, 092B, 092D, 092E, 141B, and a portion of 012G;
SUPERVISOR DISTRICT: 1
AGENDA DISCUSSION ITEM: 8
APPLICATION TYPE: Use Permit
APPLICANT/AGENT NAME: Yavapai County Development Services
PROJECT NAME: Big Springs
PROPERTY LOCATION: Located immediately north of Runway Road and Big Springs
Airstrip approximately 5,000 feet south of the intersection of Big Springs Ranch Road
and Big Chino Road in the vicinity of Paulden. S25 T18N R3W G&SRB&M
BIG SPRINGS SITE SIZE: Thirty-one (31) Parcels, totaling approximately two-hundred
fifty-seven (257) acres.
SITE ZONING: RCU-2A (Residential; Rural; 2-acre minimum) zoning district
ADJACENT ZONING: RCU-2A (Residential; Rural; 2-acre minimum) zoning district
surrounds the specified area in all directions.
ADJACENT OWNERSHIP/LAND USE: To the West, North & East of Big Springs area
is privately owned and partially developed residential land use. Arizona state land is to
the South.
FLOOD STATUS: FEMA floodplain zone Unshaded X. The project area is impacted
by a FEMA 100-year Floodway and a 100-year Floodplain on the north side and an
irrigation ditch on the western side.
UTILITIES AND SERVICES:
FIRE:
Not located within a fire district
WATER:
Well
SANITARY: Septic
Page 1 of 7
Staff Report To The Yavapai County Planning and Zoning Commission
BACKGROUND/PREVIOUS ACTION: The Big Springs airstrip was created primarily
for agricultural use and used as a destination for local property owners and their guests.
Area residents report that the airstrip has been in use since its creation in 1985. Since
the airstrip was created after the Planning & Zoning Ordinance was adopted, it is not
considered a pre-existing land use.
As a result of the recent growth in Yavapai County over the past five years or so, the
area of land that surrounds the airstrip has been split off and sold to many different
private property owners. A number of nearby property owners feel they have a right to
utilize the airstrip, taxi to and from their property, and park their aircraft on their private,
residentially zoned properties, and are currently conducting these uses at this time. The
Yavapai County Zoning Ordinance does not permit a single-family residence to store
aircraft nor does the Zoning Ordinance permit the taxiing of aircraft to and from a singlefamily lot. A Use Permit is being requested to resolve the potential zoning violations
relative to the storage and taxiing of aircraft from residential parcels.
The private Big Springs airstrip, FAA identifier AZ27, is recorded on a land survey as a
100’ foot ingress, egress, irrigation, airstrip and utility easement. The airstrip easement
lies across many different parcels as a portion of their ingress/egress easement, and is
not owned by just one entity.
Approval of this Use Permit does not constitute authorization from Yavapai County, for
private property owners, to utilize any nearby private airstrip.
REQUEST/DESCRIPTION OF PROPOSAL: To resolve this issue and to establish a
fixed boundary for properties that can store and taxi aircraft, a Use Permit is being
requested to allow for the parking & taxiing of fixed wing aircraft, not exceeding 10,500
pounds, for private use only, on thirty-one (31) parcels, totaling approximately twohundred fifty-seven (257) acres, in the vicinity of Paulden.
ZONING: The property is currently zoned RCU-2A (Residential; Rural; 2-acre
minimum) which would allow as a matter of right all uses allowed in the R1L, RMM and
R1 Districts.
Section 500 of the Planning and Zoning Ordinance, titled General Provisions states:
The following provisions shall apply to all Districts, except as may be modified,
supplemented or supplanted under the provisions of any particular District.
A. ACCESSORY USES (including facilities and equipment) are permitted in
conjunction with any principal use, provided same is compatible and common to
the district in which it is located and does not alter the character of the premises;
any reference to a permitted use shall be deemed to include such accessory use.
B. ACCESSORY BUILDINGS may be attached to or detached from the principal
building, except that no accessory building housing fowl or animals (other than
domestic pets) may be attached to any dwelling unit.
C. ACCESSORY USES OR STRUCTURES are allowed prior to installation of the
principal structure only when a construction permit is issued for the principal
structure and construction of same is commenced within six (6) months.
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Staff Report To The Yavapai County Planning and Zoning Commission
There is no reference made to aircraft as an accessory use in the Planning & Zoning
Ordinance.
DEFINITIONS:
 VEHICLE - The result of arranging materials and parts together for conveyance
over roads (whether or not self propelled). Such is not deemed a structure in
qualifying for a building permit, but as being accessory to the principal use on a
lot (except in connection with vehicular rental or sales agencies and mobile home
courts).
 VEHICLE (JUNK) – A vehicle that is in such a state of deterioration that it cannot
be profitably dismantled or salvaged for parts and cannot be profitably restored
(from A.R.S. §28-4881).
 VEHICLE (RECREATIONAL) - Means a motor vehicle that is designed and
customarily used for private pleasure, including vehicles commonly called motor
homes, pickup trucks with campers and pickup trucks with a fifth wheel trailing
device. (See also TRAILER (TRAVEL)).
Aircraft is not mentioned as a vehicle in the Ordinance definitions.
The Zoning Ordinance does not specifically refer to aircraft use and/or where the use of
aircraft may be allowed. Section 400 Use Districts, of the Yavapai County Planning and
Zoning Ordinance, states: Those areas of Yavapai County subject to the provisions of
this Ordinance are hereby divided into Use Districts that together with the General
Provisions (where applicable) control the uses and structures, and their manner of
installation and operation in the various County areas. Any use or structure not
specifically permitted by District Provisions (or analogous to a permitted use or
structure) shall be deemed prohibited and unlawful (nor shall same be considered an
accessory use or structure for the District).
Thus, the storage, parking and operation of aircraft on any property, would require a
Use Permit, since no Use District exists that would allow for operation and/or storage of
aircraft.
ACCESS: The properties around the Big Springs airstrip are accessed from dirt,
ingress/egress easements that are privately maintained by the owners, via Big Chino
Road to Big Springs Ranch Road. Big Chino Road is a County maintained and paved
road, west of Highway 89 up to Big Springs Ranch Road, which is a private dirt road.
TRAFFIC: General practice is to give way to the aircraft, and there have not been any
reported accidents to date. Conflict may also exist with easement width, if there is to be
aircraft taxiing to and from their properties to the airstrip, due to varying widths of all the
private easements in the area. . Private easement access to and from the airstrip is a
private, civil issue, not a subject of County regulation.
SIGNAGE: Any signage is required to go through the permitting process and conform
to the existing Yavapai County Planning & Zoning Ordinance as well as all local, state
and federal regulations.
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Staff Report To The Yavapai County Planning and Zoning Commission
FIRE: This Big Springs area is not served by any fire department. The Chino Valley fire
district boundary is approximately one thousand (1,000’) feet east of the subject
property.
CITIZEN PARTICIPATION PROCESS: Development Services Staff has contacted the
surrounding property owners by way of physical mail out notifications and community
meetings. Staff has also contacted the Paulden Area Community Organization (PACO)
and attended their community meeting. (See attached CP report)
CONFORMANCE WITH COUNTY GENERAL PLAN: The Yavapai County General
Plan Transportation Goals and Objectives states;
T.2 GOAL: PROVIDE FOR PUBLIC TRANSPORTATION SYSTEMS.
T.2.a Objective: promote alternative modes of transportation and increase public
transit opportunities to reduce dependence on automobiles and to decrease
traffic and air pollution
T.2.c Objective: support general aviation at local airports; assess costs, impact
of regional airport
The use or existence of Private airports is not specifically referenced in the Yavapai
County General Plan.
CONFORMANCE WITH COMMUNITY PLAN: The subject property is not located
within a community plan.
OTHER APPLICATIONS: On February 6, 2006, the Board of Supervisors unanimously
voted to approve the Use Permit for Moreton Airpark, HA# H5223, as recommended by
the Planning and Zoning Commission with the addition of Stipulation #8. The Use
Permit was to allow for the construction of four (4) aircraft hangars and to allow aircraft
from those hangars to taxi to and from and utilize the existing nearby Moreton Airstrip in
an RCU-175 (Residential; Rural; 175,000 minimum) zoning district. Moreton Airstrip
being located approximately ¾ mile southwest of the SR89/SR93 intersection northwest
of the Town of Wickenburg.
Due to stipulations seven (7) and eight (8) not being met, the Use Permit for the
Moreton Airpark has expired and was formally extinguished on August 28, 2007.
The stipulations of approval were as follows:
1. Use Permit to be granted on a permanent and transferable basis and subject to
ADRE approval.
2. Use Permit shall be in general conformance with the Letter of Intent and Flight
Plan dated Dec 14, 2005, and Site Plan received Dec 23, 2005.
3. The Use Permit shall allow for the construction of 4 aircraft hangers with the right
to taxi to and from runways.
4. The airstrip shall be used for private purposes only.
5. The applicant shall adhere to all local, state, and federal regulations.
6. Any deviation from the above stipulations shall require prior approval by an
Amendment to this Use Permit through the full public hearing process.
7. No further splitting of the proposed 10 acre parcels allowed. Applicant shall
return with a rezoning application for the four (4) proposed parcels within 1 year
of BOS approval. Parcels shall be rezoned to a 10-acre minimum lot size.
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Staff Report To The Yavapai County Planning and Zoning Commission
8. Certificate of Compliance to be issued within one year.
ADDITIONAL INFORMATION PROVIDED ARS 28-8278. Landing prohibition; liability
A. Landing of aircraft on lands or waters of another without consent of the owner of
the lands or waters is unlawful, unless it is a forced landing.
B. The owner or lessee of the aircraft or the aeronaut is liable for damages caused
by a forced landing as provided in section 28-8273.
ARS 28-8411. Authority of cities, towns and counties; limitation
A. The governing body of a city or town or the board of supervisors of a county may:
1. Acquire, establish, construct, own, control, lease, equip, improve, maintain,
operate and regulate airports for the use of aircraft within or outside the limits of
the city, town or county.
2. For the purpose described in paragraph 1 of this subsection, use property that is
suitable and that is or may hereafter be owned or controlled by the city, town or
county.
B. This section does not:
1. Authorize the governing body of a city or town or the board of supervisors of a
county to restrict or limit the length or width of an airstrip or runway used for the
landing and takeoff of aircraft, and any such restriction or limitation is void.
2. Affect the zoning authority of a county, city or town pursuant to other provisions
of law.
ARS 28-8462. Airport hazard; public nuisance; prevention and elimination
A. It is declared that:
1. The creation or establishment of an airport hazard is a public nuisance and a
public injury to the community served by an airport.
2. It is necessary in the interest of the public health, public safety and general
welfare that the creation or establishment of an airport hazard be prevented.
3. Prevention of an airport hazard should be accomplished to the extent legally
possible by exercise of the police power without compensation.
B. The prevention of the creation or establishment of an airport hazard and the
elimination, removal, alteration, mitigation or marking and lighting of an existing airport
hazard are public purposes for which a political subdivision may raise and spend public
monies and acquire land or interests in land.
REVIEWING AGENCY COMMENTS:
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Building Safety Unit: Any future buildings, structures, and grading work will
require building and/or grading permits under the provisions of the Yavapai
County Grading Ordinance and the adopted building codes.
Environmental Services: No technical comments.
Chino Valley Fire District: No technical comments.
Flood Control: Any future development of the Big Springs area will require a
grading and drainage plan and drainage report for Floodplain Unit review and
approval.
Public Works: No technical comments.
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Staff Report To The Yavapai County Planning and Zoning Commission


ADOT Aeronautics: The State of Arizona requires private airports to obtain FAA
determination from FAA form 7480-1 and to comply with local zoning and
planning regulations. Since the Pilots Rest is an existing airport, State
Transportation Board Approval is not required.
Paulden Area Community Association: No concerns or comments.
STAFF SUMMARY AND DISCUSSION: The use of Big Springs airstrip has been going
on for quite some time and the properties continue to be split based on the underlying 2acre zoning. These properties are being sold – similar to the existing parcels – with the
representation that they have access to the airstrip and are allowed to store and taxi
aircraft on their property. The purpose of this application is to provide a means to
remedy this situation by allowing these parcels the ability to construct hangars and store
airplanes on the parcels. Right now, these uses are not allowed uses by right.
Some of the properties included in the proposed application could still be split to the
minimum zoning density of two (2) acres. Those property owners want to continue to
be allowed the right to split, so those future parcels can be sold with the ability to store
and operate aircraft.
Additional points to consider:
For comparison, the Commission just recommended approval of a zoning ordinance
amendment that allows by right (1) commercial vehicle up to five tons (10,000 pounds)
to be stored on any size parcel. This Use Permit today is to allow (2) unsheltered
airplanes (up to 10,500 pounds) to be stored and allows storage of additional airplanes
within an enclosed hangar.
The Moreton Airstrip Use Permit stipulated that the properties be rezoned to a ten (10)
acre minimum. Because this did not occur, the Use Permit was revoked.
Big Springs Use Permit is only to allow the storage of aircraft and the taxiing of the
aircraft from the property to the private easements. It does not constitute authorization
from the county for any private property owners to utilize the private airstrip.
The County does not regulate the use of private easements.
The particular area that has been designated to be included in this Use Permit request
was based on several criteria including the historical usage area, properties that were
sold or may be sold with the representation that these uses are allowed, and parcels
currently in violation of the zoning ordinance. In addition, there are natural barriers that
include the State Land to the south.
There are additional property owners, outside the proposed Use Permit area, that have
expressed the desire to have their property included in this Use Permit. They feel that it
is a reasonable request because their properties either abut the airstrip or they were
sold their property as “aircraft” property and with the understanding that they had the
right to use the airstrip.
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Staff Report To The Yavapai County Planning and Zoning Commission
The County Zoning Ordinance, Section 582, states that Use Permits are considered on
the basis of public health, welfare, and safety. Although the County does not regulate
the use of private easements, nor does this use permit include the use of private
easements for airplanes, it should be noted that the private easements in this area are
narrow and used by both airplanes and automobiles.
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