The Controversy and How it Began:
In January 2023, residents on Rustler Trail in Camp Verde, AZ noticed heavy equipment moving dirt across three properties, one of which belongs to Jason Jenkins, the mayor’s son.
(The work included Verde River Meander Land. This is an area along a river where the channel can change depending on river flow. It is generally prohibited from building or developing meander land.)
It seems that a motocross track was being built across 3 lots. Building across lot boundaries is also against the town code.
One of the owner’s of the adjacent lot is, or was Cole Martinez, a professional Motocross rider.
A Code Interpretation Request:
On February 6th of 2023, Community Development Director John Knight, received a request for a formal interpretation regarding a motocross track within a residential zone.
The Interpretation Results.
March 9, 2023, Mr. Knight, signed Motocross Interpretation 2023-01.
The conclusion of that interpretation was as follows:
Motocross track is not listed as a permitted or conditionally permitted use in any zoning district. In addition, it can’t be considered an accessory use. It is beyond the scale of a use that is customarily incidental and subordinate to a permitted use. And finally, the only use that could be considered similar in nature (outdoor recreation and assembly) is not allowed in the R1 Zoning District.
Did you catch that?
“ … Not listed as permitted or conditionally permitted use in Any Zoning District.”
Also not an Accessory Use.
The Interpretation Was: NO
And Here Comes The Appeal
In April of 2023, the land owner Jason Jenkins filed an appeal with the town of Camp Verde, and a public hearing was held before the Board of Adjustments and Appeals on August 22nd, 2023.
This is a standard process when a person doesn’t like the interpretation, or applies for a building permit and it is rejected.
The Board of Adjustments and Appeals – Meeting Aug. 22nd, 2023
The stated purpose on the official agenda.
Public hearing regarding an interpretation by the Town’s Zoning Administrator (Community Development Director) whether or not an off-highway motocross track is a permitted, conditionally permitted, and/or accessory use within the R1 Zoning District within the Town of Camp Verde.
Here is a link to the agenda. The motocross appeal begins on page 29.
https://www.campverde.az.gov/home/showpublisheddocument/12389/638277152542630000
It also includes the response to the appeal from the Town’s Attorney.
Mr. Jenkin’s contention was that the Community Development Director misapplied the zoning use ordinance to the particular facts in this case.
The appeal states:
“It is Mr. Jenkin’s position that his riding, and that of his family and friends, of dirt bikes/motorcycles on his property is permitted because it is an accessory, customary, or incidental use as defined in relation to an R-1 District Purpose and Uses “single-family residential living” zoning as noted in the Town of Camp Verde Zoning Ordinance.”
The Attorney’s answer, and main takeaway:
From the Town’s Attorney on June 7, 2023
Violation of Due Process Claim: As part of the appeal application, Mr. Jenkins, states his due process rights were violated. This assertion is a legal claim, therefore, the Town’s Attorney reviewed the case and responded to this portion of the application.
In short, the attorney states
“Mr. Jenkins has failed to establish a violation of his due process rights.”
For the Full Response See Attachment C, which begins on page 236.
They Pointed out that if Mr. Jenkin is Not Satisfied With the BOA Decision,
He Could Appeal It to the Arizona Supreme Court.
But, he wouldn’t need to do that.
The Mayor Shows Up to the BOA Hearing “as an individual”.
Remember her? She’s the mother of the guy making the appeal.
She spoke in favor of the motocross track.
After the Mayor spoke, this exchange took place.
Chairman Davis:
“We appreciate your comments and I know you were speaking as an individual not as mayor, right?”
Mayor Jenkins: “I meant to say that.”
LOL. Whatever.
By speaking “as an individual” she supports motocross tracks in residential zoning districts, but not in her official capacity as the Mayor.
The Vice Mayor Marie Moore also spoke in support of the appeal.
She said: “Vice Mayor: Chair, Vice Chair, Members of the Board. Thank you. I am here as a citizen today.”
Of course you were. LOL
In the Agenda Packet there is lots of info from both sides, letters from residents, etc., etc..
Light reading it is not.
So, Mr. Jenkins gets to ride his dirt bikes.
And you would think that is the end of it, but you would be wrong.
Not So Fast
The Board of Adjustments and Appeals received a letter from Arizona State Representative Selena Bliss, dated Jan. 6, 2025, pointing out that Arizona law expressly prohibits the Board from “making any changes in the uses permitted in any zoning classification or zoning district” or granting a variance to a property owner that would essentially authorize land uses that are not permissible under existing zoning regulations, or operate as a grant of special privileges that are inconsistent with limitations upon other properties in the vicinity.
See A.R.S. § 9-462.06.
(see the letter)
The Town’s Response to the Selina Bliss Letter
On Jan. 28, 2025, the town held a Joint Special Session of the Mayor and Council and the Board of Adjustments & Appeals. (the agenda)
In that meeting they moved to an Executive Session
(a meeting behind closed doors, not open to the public)
” … for discussion or consultation for legal advice with the Town Attorney regarding a request for
revision of a Zoning Interpretation by Representative Selina Bliss related to Motocross Activities”.
They were voting on the letter from the attorney in response to Selina Bliss.
Interestingly, the Mayor Recused herself from this meeting and was not actually present.
Vice-Mayor Moore read a statement from Mayor Jenkins at the beginning of the meeting.
(the statement begins at the 1:11 mark in the video and transcript)
“Mayor Jenkins is absent and I would like to read a statement for her in her absence. “
“In the interest of transparency and to maintain public trust,
“I have chosen to voluntarily recuse myself from participating in this joint session.”
“While the purpose of the meeting pertains solely to procedural questions rather than the substance of the original appeal, I believe the decision is necessary due to my personal connection to the subject.
I recognize my attendance may be perceived as a conflict of interest, therefore, I decided not to attend.
Upholding the integrity.
Impartial process An impartial process for council and board of Adjustment members.
Thank you for your understanding as I prioritize the trust placed in me to act in the best interest of the town and citizens I represent.”
— Mayor Dee Jenkins
Why recuse herself now?
Because of her “personal connection to the subject”, you might think that she would have not attended the Board of Adjustments meeting back in August of 2023 where this whole thing started.
But then you would be wrong.
The Letter by the Town’s Attorney is Their Response
The response essentially stated: since nobody sued about the decision, then it stands.
(the letter)
At this Point, the Town appears to be digging in their heels on behalf of the Mayor’s son.
And it looks like the ball is in Selina Bliss’s court whether to notify the Arizona Attorney General,
to determine whether there is a case against the town or not.
What are your thoughts on this?
Leave a Comment below.
