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TOWN COUNCIL

Cave Creek Council approves trail easement, open space rezoning cases

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The Cave Creek Town Council unanimously approved the dedication of a trail easement near Spur Cross Recreation Area and five rezoning cases at its Oct. 20 meeting.

The Council heard from Development Services Director Luke Kautzman on both agenda items.

Kautzman explained when the trail at Spur Cross was initially installed, the contractor routed the trail around vegetation within the shoulder of right-of-way which, subsequent survey showed, placed a portion of the trail on the property of Cave Creek residents George and Jody Powers.

Kautzman said the Powers were installing a fence on their property and when they were doing a site plan review, they found that a portion of the trail wanders onto their property.

“That was done about 18 or so years ago when we put that trail in and the contractor at the time actually meandered it east of the right of way ever so slightly to avoid several trees along the road there and it ended up on their property,” Kautzman said.

Town council members thanked the Powers' for providing the easement to not have to redo the trail that is currently in place.

“This is something we want to see in the community there,” council member Thomas McGuire said. “We have a number of incidents where people have taken right of way and taken advantage of right of way.

“It’s difficult for the town and it’s wonderful when people in the community like yourselves, but there are others step forward and make what may be a slight compromise and preserve some trees,” McGuire added. “So, thanks. This is the best of Cave Creek.”

The council also unanimously approved five rezoning land applications that had a first reading at the Oct. 6 meeting.

The properties in question are:

• Saguaro Hill, located east of the Desert Foothills Library and North of the Good Shepherd of the Hills Church

• The Rosenus Parcel, located near 48th Street and Cahava Ranch Road

• Cahava Springs Tract Parcels, located near 32nd Street and Rockaway Hills Road

• The PA Seitts Preserve owned by the Desert Foothills Land Trust

• The Desert Foothills Land Trust Black Mountain Preserve Parcel, approximately five acres in size

In total, the land use designation of 30 acres will be modified from Desert Rural to Open Space. In total, approximately 41% of Cave Creek’s total land area has a land use designation of Open Space. With the rezoning approvals the zoning of 434 acres will be modified from Desert Rural to Open Space Conservation.

Kautzman reminded the council there’s a 30-day period for the rezonings to become official.

“There is a 30-day period before the effectiveness of that ordinance takes goes into effect,” Kautzman said. “So there will be 30 days by which somebody can file a referendum on council’s decision because it is zoning and land use related and that could be referred to a ballot.”

Cave Creek, Town Council, Spur Cross Recreation Area, Luke Kautzman, rezoning, open space, Thomas McGuire

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