City Retains Outside Counsel Regarding Legal Challenges to Airport Overlay Zoning District

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.