Development Services Letter

							               STAFF REPORT TO:
               YAVAPAI COUNTY PLANNING AND ZONING COMMISSION
               PREPARED ON: September 30, 2009
               STAFF PLANNER: Nicole Russell/Elise Link


PLANNING AND ZONING COMMISSION HEARING DATE: November 4, 2009

APPLICATION NUMBER: H9081

ASSESSOR PARCEL NUMBER: 106-13-026F

AGENDA ITEM NUMBER: 6

SUPERVISOR DISTRICT: 1

TYPE OF APPLICATION: Use Permit

Property Owner: Dells Water Company

AGENT NAME: Jim West

PROJECT NAME: Dells Water Storage

PROPERTY LOCATION: The property is located on the south side of Liberty Lane
approx. 1,237 ft. from the intersection of Meadow Lane and Willow Lake Rd near the
Willow Lake Subdivision north of the City of Prescott.

SIZE OF PARCEL: An approximate .29 acre (or 12,632.4 sq. ft.) parcel

PARCEL ZONING: R1L-35 (Residential; Single Family; limited to site built structures
only; min. 35,000 sq. ft.)

ADJACENT ZONING: R1L-35 (Residential; Single Family; limited to site built
structures only; min. 35,000 sq. ft.) in all directions.

ADJACENT LAND USE: Willow Lake is on the western border of the subject parcel
which is owned and maintained by the City of Prescott. Residential single family uses
border the property to the north, south and east.

BACKGROUND: The Dells Water Company has been in operation since 1953 when
they were issued their Certificate of Convenience and Necessity (decision 227705) by
the Arizona Corporation Commission. The current water storage tank, wells and pump
house that are located on the parcel have been in operation since around 1953. The
Granite Dells area was detail zoned in 1970. The detailed zoning made the subject
parcel the R1L-35 (Residential; Single Family; limited to site built structures only; min.
35,000 sq. ft.) zoning. The original approximate .97 acre parcel that the Dells Water
Company was operating from was split in 1974. This split divided the water equipment
from the house on the property making an approximate .69 acre parcel with a residence
on it and an approximate .29 acre or 12,632.4 sq. ft. parcel with the Dells Water
Company equipment on it. The approximate .29 acre parcel in which the Dells Water

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              Staff Report To The Yavapai County Planning and Zoning Commission


Company equipment is on dose not conform to the R1L-35 (Residential; Single Family;
limited to site built structures only; min. 35,000 sq. ft.) zoning district size requirements.

REQUEST/DESCRIPTION OF PROPOSAL: The applicant is requesting a Use Permit
to construct and operate three 16 ft. tall and 12.8 ft. diameter 10,000 gallon water
storage tanks in addition to the 5,000 gallon 13 ft. tall existing water tank with a
diameter of 10 ft. on an illegal non-conforming approximate .29 acre parcel (or 12,632.4
sq. ft.) in an R1L-35 (Residential; Single Family; limited; min. 35,000 sq. ft.) zoning
district.

The applicant has indicated that the Dells Water Company was ordered by the Arizona
Corporation Commission (Decision #70102) to increase its storage capacity to at least
25,000 gallons, in an effort to adequately serve their customers. The applicant has
indicated that the Dells Water Company currently serves 68 homes and 7 businesses.
The Arizona Corporation Commissions Decision #70102 states that the current 5,000
gallon storage capacity to serve 36 customers, which is considered inadequate. The
applicant has stated that they will not be pumping more water, rather that the Dells
Water Company will be able to store more water.

Waivers: The applicant is asking for waivers of R1L-35 setbacks in order to conform to
R1L-12 district setbacks which are; 20 ft. front; 25 ft. rear; 7 ft. sides. The applicant is
also requesting a waiver of screening requirements.

ACCESS: The subject property is accessed via Liberty Lane a county paved and
maintained roadway.

SCREENING: Section 567 of the Planning & Zoning Ordinance states: Where a
commercial, office or non-residential use abuts property in any residential zone, a
masonry wall six feet (6’) in height, above the average elevation of the ground level
within a six foot (6’) radius of the point of measurement on the fence or wall shall be
erected and maintained between such uses and the residential zone. Alternatives that
are equivalent to a six foot (6’) masonry wall, including double-sided solid wood fencing,
stuccoed wood frame walls, native stone or rock veneered walls or a dense live
vegetative buffer, may be approved by the Planning and Zoning Commission or the
Development Services Director.

The applicant has indicated that currently there is a 5 ft. chain link fence on south side
and a portion of the east side of the subject parcel, with a three strand barbed wire
fence on the west side and nothing on the north side. The applicant is requesting a
waiver of screening. Six foot solid screening may not be appropriate to screen a 16 ft.
water tank.

FLOOD STATUS: The proposed improvements are located in an area identified as the
back water of Willow Lake. The proposed tanks may need to be elevated above the
water elevation.

CITIZEN PARTICIPATION PROCESS: The applicant has indicated that the 27
property owners within 300 ft. of the property have been notified, along with the Granite
Dells Association. As of this writing the Development Services Department has not


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             Staff Report To The Yavapai County Planning and Zoning Commission


received any letters of support or opposition.

CONFORMANCE WITH COUNTY GENERAL PLAN: The General Plan is described in
Arizona State Statutes as a statement of goals and development policies. “The purpose
of the plan is to bring about coordinated physical development in accordance with the
present and future needs of the county,” and it “shall be developed so as to conserve
the natural resources of the county, to insure efficient expenditure of public funds, and
to promote the health, safety, convenience, and general welfare of the public.”

The Water Resource Goals and Objectives were adopted in December of 2001. These
goals and objectives state that health, safety, and progress in Yavapai County is
dependent on a reliable water supply. The availability of high quality water operates as
a prerequisite for any and all future development and is essential to sustain the natural
environment.

One of the water resource goals is to maintain high water quality standards in which the
objective in WR.2.b states the object as: enforce(ing) against groundwater pollution;
assist local water treatment, storage expansion projects; discourage proliferation of
septic systems

The Water Management section of the General Plan states that, Water Management in
Yavapai County is primarily the responsibility of the Arizona Department of Water
Resources (ADWR) through legislative adoption of Arizona Water Management Codes,
including the establishment of the Prescott Active Management Area (PrAMA).
Additionally, the Yavapai County Water Advisory Committee (WAC) reviews water
issues for development of regional County water management strategies for the Board
of Supervisors’ review.

The applicant has indicated that the purpose of this request is a mandate from the
Arizona Corporation Commission to increase their storage capacity. Based on the
excerpts from the General Plan it would appear that the proposed Use Permit is in
conformance with the general plan.

CONFORMANCE WITH COMMUNITY PLAN: The subject property is located in the
Granite Dells Community Plan area. The Granite Dells Community Plan was adopted by
the Board of Supervisor’s in September of 1991. The plan designates this area for
residential types of uses. The proposed water storage facility expansion is neither
specifically delineated in the community plan nor is it prohibited by the plan.

OTHER APPLICATIONS:

Abra Water Company; HA# H3006: The Board of Supervisors approved a Use Permit in
order to place a 250,000 gallon water storage tank, intended as a replacement for an
existing 100,000 gallon water tank that is located 72 ft to the west of the subject property on
State Trust Land. Situated on 3 lots in the Antelope Lakes Subdivision (each lot is
approximately .27 acres in size) in an RCU-2A (Residential: Rural 2 acre minimum parcel
size) zoning district in the Antelope Lakes Subdivision in the Paulden Area. This Use Permit
was approved on a permanent basis.



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             Staff Report To The Yavapai County Planning and Zoning Commission


Brittney Neighborhood Well; HA# H8001: The Board of Supervisors approved a Use Permit
to allow for the creation of a 900 sq. ft. lot for a well site and the continued use of a 2,000
gallon water tank to service up to 15 lots in a R1-10 (Residential; Single Family; 10,000 sq.
ft. minimum) zoning district in the community of Beaver Creek. This Use Permit was
approved on a permanent basis.

REVIEWING AGENCY COMMENTS:
The reviewing agency comments have been provided to the applicant.

      Addressing: The address for this parcel will be 2013 E Liberty Lane.
      Building Safety Unit: Building permits will be required for the new water tanks.
       Structural plans done by an Arizona Licensed engineer will be required. The
       structural design shall include design to support the tank such as ground ring –
       foundation ring/pad. Compaction reports of the site to verify bearing capacity of
       any fill areas under or adjacent (within 5 ft.) of the locations of new tanks will also
       be required. Any additional electrical systems to be added to the existing or new
       buildings will also require building permits.
      Environmental Services: There are no Environmental Unit permits on file for
       this parcel. Following a review of the proposed project there are no
       Environmental Unit concerns at this time.
      City of Prescott: The City of Prescott has no concerns with this application.
      Yavapai County Water Advisory Committee (WAC): The Yavapai County
       Water Advisory Committee does not have a comment on this matter of zoning for
       additional storage for the Dells Water Company. The extra storage needs to be
       approved by the governing bodies for private water companies (Arizona
       Corporation Commission), and in alignment with any applicable AZ Dept of water
       resources (ADWR) regulations (e.g. supply designations) for groundwater use in
       the Prescott Active Management Area (AMA). In general, the Water Advisory
       Committee supports steps that private water companies take to secure adequate
       infrastructure for the populations they serve.
      Land Use: Non-conforming parcel meets the 12 Density. Proposed structures
       meet all required setbacks for the 12 Density (20 ft. front; 25 ft. rear; 7 ft. sides)
       per site plan submitted.
      Public Works: Public Works has no comments.

STAFF ANALYSIS, SUMMARY AND EVALUATION:

The applicant is requesting a Use Permit to construct and operate three 10,000 gallon
water storage tanks on an illegal non-conforming approximate .29 acre parcel. Similar
applications have been approved on permanent basis’s, it may be appropriate to ask for
the same time frame with the application.

The Yavapai County Planning & Zoning Ordinance states that Use Permit are provided
for instances where a use or uses normally prohibited by a Use District should be
allowed due to the unique characteristics of the property and of the surrounding area,
but a rezoning to a less restrictive Use District is not appropriate.

A rezoning may not be appropriate due to the nature of the proposed use and the
surrounding residential area. If at some point the use were to go away a residential

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             Staff Report To The Yavapai County Planning and Zoning Commission


dwelling could be built on the subject parcel, which may not be appropriate on such a
small parcel for the area.

Section 410.E (R1L District) states, Public utility facilities (but not business offices nor
repair or storage facilities) when necessary for serving the surrounding territory on one
(1) acre or less following Administrative Review with Comment Period. A Use Permit is
required because the Dells Water Company is a private water company, not a public
water company and because the subject parcel is less than the 35,000 sq. ft. that the
zoning of R1L-35 dictates.

Points to Consider:
   o Similar applications have been approved.
   o The applicant has indicated they have contacted all 27 of the property owners
       within 300 ft. of their property. As of this writing Development Services has not
       received any letters of support or opposition to the request.
   o The applicant has indicated that they have been mandated by the Arizona
       Corporation Commission (Decision #70102) to increase their storage capacity for
       better services of their customers.
   o The applicant is requesting a waiver of screening. Six foot solid screening may
       not be appropriate to screen a 16 ft. water tank.
   o The applicant is asking for waivers of R1L-35 setbacks in order to conform to
       R1L-12 district setbacks which are; 20 ft. front; 25 ft. rear; 7 ft. sides.




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