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April 10, 2024
Z2023132
Page 1 of 2
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
April 10, 2024
Case #/Title:
Z2023132 - Sun Lakes Pima Utility Well #34 Arsenic Treatment
Supervisor District:
1
Applicant/Owner:
Brent Emmerton, B&R Engineering / Pima Utility Company
Request:
Zone change from R1-6 RUPD to IND-2 IUPD with a Plan of
Development
Site Location:
Generally located at the SEC of Saddletree Dr. & Navajo Pl. in the
Sun Lakes area
Site Size:
13,547 sq. ft.
County Island Status:
N/A
Additional
Comments:
There are no outstanding concerns from reviewing agencies. The
applicant is proposing to add arsenic removal treatment to an
existing well site to comply with arsenic standards for potable
water delivery. There is no known opposition.
Commission
Recommendation:
On 3/7/24, the Commission voted 8-0 to adopt a motion
recommending the Board of Supervisors approve Z2023132
subject to conditions ‘a’ – ‘g’:
a.
The area of APN 303-68-170A is zoned IND-2 IUPD with approval of Z2023132.
b.
A Plan of Development is approved subject to site plan entitled “Sun Lakes Well #34
Arsenic Treatment Plant Site Plan” consisting of 1 full-size sheets, dated ‘December 2023’.
The Plan of Development may be amended administratively under separate application as
long as the amendment complies with the established IUPD development standards as
approved by the Board of Supervisors. Staff may determine slight refinements to remain
in substantial conformance with the approved site plan. Minor and major amendments to
the site plan will be determined in accordance with Chapter 3 of the Maricopa County
Zoning Ordinance.
c.
Development of the site shall be in substantial conformance with the narrative report
entitled “Sun Lakes – Well 34 Arsenic Treatment Plant”, consisting of 5 pages, dated
December 20, 2023, except as modified by the following conditions.
April 10, 2024
Z2023132
Page 2 of 2
d.
The IUPD overlay is applied to restrict the site to only uses that involve utility delivery
infrastructure, wells, water treatment and storage.
e.
The following engineering conditions:
1. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of
the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for
construction.
2. Based on the conceptual design nature of the information submitted, changes to the
site layout may be necessitated by the final engineering design of the site’s drainage
infrastructure.
3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Building Permits
f.
Noncompliance with any Maricopa County Regulation may be grounds for initiating a
revocation of this zone change per the requirements and procedures set forth in the
Maricopa County Zoning Ordinance.
g.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. Failure to comply with any condition may be grounds for
consideration of initiating the process to revert the zoning back to the previous R1-6 RUPD,
in accordance with Maricopa County requirements and procedures. Any action by
Maricopa County to revert the zoning shall only occur following any and all required
notices (including identification of the specific noncompliance issue) and cure periods
and shall be subject to required public hearings before the Planning & Zoning Commission
and Board of Supervisors, as set forth in the Maricopa County Zoning Ordinance. It is,
therefore, stipulated and agreed that either revocation due to the failure to comply with
any conditions, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in value of the
property from the value it held on the date of application due to such revocation of the
zone change. The zone change enhances the value of the property above its value as of
the date the zone change is granted and reverting to the prior zoning results in the same
value of the property as if the zone change had never been granted.
Presented by:
Andrew Lorentzen, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
3/7/24 P&Z Packet (17 pages)
Note:
3/7/24 Draft P&Z Minutes are not available as of the writing of this report, but can be provided
upon request later when available.
Z2023132
Page 1 of 6
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2023132 - Sun Lakes Pima Utility Well #34 Arsenic Treatment
Hearing Date:
March 7, 2024
Supervisor District:
1
Applicant:
Brent Emmerton, B&R Engineering
Owner:
Pima Utility Company
Request:
Zone change from R1-6 RUPD to IND-2 IUPD with a Plan of Development
Site Location:
Generally located at the SWC of Saddletree Dr. & Navajo Pl. in the Sun
Lakes area
Site Size:
13,547 sq. ft.
Density:
N/A
County Island:
No
County Plan:
Rural Development Area (0-1 d.u./ac)
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2023132
Page 2 of 6
Project Summary:
1.
Brent Emmerton with B&R Engineering is requesting to amend the zoning of a parcel zoned R1-6
RUPD to IND-2 IUPD to allow for a water treatment facility to remove arsenic from potable water
to levels acceptable by federal drinking water standards.
2.
The subject parcel is Lot 170 of Sun Lakes Unit Eighteen which was approved by the Board of
Supervisors on September 27, 1982. The current water well facility and storage tank on the parcel
were built contemporary of the surrounding housing development with County imagery showing
the site existing by 1986. As of 2020, the original well needed replacement and a new well was
installed on the site. Water tests from this new well indicate higher level of arsenic than are
federally allowed for potable water disbursement. To remove the high arsenic concentration the
site must be minimally altered to provide the equipment which will remove and temporarily store
the waste byproduct until it can be removed and disposed of offsite. In addition to the new
arsenic removal apparatus, the site will further be enhanced with the complete surrounding of
block security walls and a new updated front gate.
Zoning Map
Z2023132
Page 3 of 6
2023 Aerial Image
Proposed Site Plan
Z2023132
Page 4 of 6
3.
It should be noted that the applicant is requesting legislative approval of a plan of development
concurrent with the zone change. Approval of the POD is contingent upon approval of the zone
change.
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
R1-6 RUPD/ Well & water distribution
North:
R1-6 RUPD/ Residential
South:
Hunt Highway / Pinal County
East:
Alma School Rd then R1-6 RUPD/ Residential
West:
R1-6 RUPD/ Residential
Utilities and Services:
5.
Water:
Pima Utility Company
Wastewater:
Pima Utility Company
Fire:
South County Fire & Medical District
Police:
Maricopa County Sherriff’s Office
Adopted Plan:
6.
Vision 2030 Comprehensive Plan (adopted January 13, 2018): Property is designated for Rural
Development Area (0-1 du. / ac.).
Public Participation Summary:
7.
The applicant completed the standard county notification, including site posting and
neighborhood letters to residents within 300’ of the site, which were sent out on October 30, 2023.
The applicant also held an in-person community meeting on December 5, 2023 to discuss the
project and its continuance to the communities’ safe water service. During the review process
staff spoke to three individuals from the local community who requested more information, but
declined to provide public comment.
Outstanding Concerns from Reviewing Agencies:
8.
N/A
Staff Analysis:
9.
Staff supports the proposed zone change as it will allow Pima Utility Company to continue to
provide residential drinking water and services to its customers that meets federal regulation
standards. Staff recognizes the apparent dichotomy of R1-6 and IND-2 IUPD zones existing in a
single residential neighborhood. Staff takes solace in the addition of the IUPD overlay to only limit
the use on the parcel to wells, water treatment facilities, and utility delivery infrastructure. Staff
further notes that the applicant was requested to change the zoning to IND-2 by County staff after
a development pre-application review due to the concept that the location was changing its use
from providing a utility service to now also treating for arsenic. While arsenic is a hazardous
substance, the removal process adds little extra infrastructure to the site and is a common
operation occurring at well sites all around the valley. While well sites and utility infrastructure are
Z2023132
Page 5 of 6
generally allowed in residential zoning districts, the Maricopa County Zoning Ordinance (MCZO)
narrowly limits any water ‘treatment’ to industrial-2 zoning per MCZO article 902.2.17.
Recommendation:
10.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2023132 subject to the following conditions ‘a’ – ‘f’:
a.
The area of APN 303-68-170A is zoned IND-2 IUPD with approval of Z2023132.
b.
A Plan of Development is approved subject to site plan entitled “Sun Lakes Well #34
Arsenic Treatment Plant Site Plan” consisting of 1 full-size sheets, dated ‘December 2023’.
The Plan of Development may be amended administratively under separate application as
long as the amendment complies with the established IUPD development standards as
approved by the Board of Supervisors. Staff may determine slight refinements to remain
in substantial conformance with the approved site plan. Minor and major amendments to
the site plan will be determined in accordance with Chapter 3 of the Maricopa County
Zoning Ordinance.
c.
Development of the site shall be in substantial conformance with the narrative report
entitled “Sun Lakes – Well 34 Arsenic Treatment Plant”, consisting of 5 pages, dated
December 20, 2023, except as modified by the following conditions.
d.
The IUPD overlay is applied to restrict the site to only uses that involve utility delivery
infrastructure, wells, water treatment and storage.
e.
The following engineering conditions:
1. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of
the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for
construction.
2. Based on the conceptual design nature of the information submitted, changes to the
site layout may be necessitated by the final engineering design of the site’s drainage
infrastructure.
3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Building Permits
f.
Noncompliance with any Maricopa County Regulation may be grounds for initiating a
revocation of this zone change per the requirements and procedures set forth in the
Maricopa County Zoning Ordinance.
g.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. Failure to comply with any condition may be grounds for
consideration of initiating the process to revert the zoning back to the previous R1-6 RUPD,
in accordance with Maricopa County requirements and procedures. Any action by
Maricopa County to revert the zoning shall only occur following any and all required
notices (including identification of the specific noncompliance issue) and cure periods
Z2023132
Page 6 of 6
and shall be subject to required public hearings before the Planning & Zoning Commission
and Board of Supervisors, as set forth in the Maricopa County Zoning Ordinance. It is,
therefore, stipulated and agreed that either revocation due to the failure to comply with
any conditions, does not reduce any rights that existed on the date of application to use,
divide, sell or possess the property and that there would be no diminution in value of the
property from the value it held on the date of application due to such revocation of the
zone change. The zone change enhances the value of the property above its value as of
the date the zone change is granted and reverting to the prior zoning results in the same
value of the property as if the zone change had never been granted.
Presented by:
Andrew Lorentzen, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan/Land Use Plan (1 page)
Narrative Report/Ex. Summary (5 pages)
Engineering comments (1 page)
MCESD comments (2 pages)
Deed (1 page)
/
Maricopa County Planning & Development - Phoenix, AZ
1
Gross Acres: 0.38 approx.
Generated February 23, 2024 8:52 AM
Z2023132
Application Name:
Legal Description
Sun Lakes Pima Utility Well #34 Arsenic Treatment EDR
Applicant
Case Address
,
Brent Emmerton for B&R Engineering, Inc.
10329 E NAVAJO Pl
Applicant Phone/Email
Parcel Primary:303-68-170A
480.883.2120
bemmerton@bnraz.com
SUN LAKES AZ 85248
Map scale 1:386
Supervisor District No.
CHANGE ZONE FROM R1-6 TO IND-2 FOR ARSENIC TREATMENT
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(1197)
(1198)
(1199)
(1200)
(1201)
(1200)
(1201)
(1201)
(1200)
(1199)
(1199)
(1199)
(1198)
(1197)
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(1199)
(1200)
(1199)
(1198)
(1197)
(1197)
(1198)
(1199)
(1199)
BW TO PL
1.0'
BW TO PL
1.3'
FENCE TO PL
1.5'
BW TO PL
1.0'
EL
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S.E.
CORNER OF
SECTION 32
FD. CONC. MON. WITH
ALUM. CAP PIN
R/W
R/W
R/W
PL
PL
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WT
WT
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SITE
Project Narrative
Sun Lakes – Well 34 Arsenic Treatment Plant
Lot 170 in Sun Lakes Unit 18
Assessor Parcel Number 303-68-170A
G.&S.R.M. Section 32, Township 2 South, Range 5 East, Maricopa County, Arizona
Case Number: Z2023132
Submitted to:
Maricopa County
Planning and Development Department
301 W. Jefferson st., 1st Floor, Suite 170
Phoenix, Arizona 85003
Prepared for:
Pima Utility Company
9532 East Riggs Road,
Sun Lakes, Arizona 85248
Prepared by:
B&R Engineering, Inc.
9666 East Riggs Road, Suite 118
Sun Lakes, Arizona 85248
Telephone: (480) 895-0799
Revision/Submittal date: December 20, 2023
Vicinity Map
Table of Contents
1. PURPOSE OF REQUEST ................................................................................................................... 3
2.
DESCRIPTION OF PROPOSAL .......................................................................................................... 3
3.
RELATIONSHIP TO SURROUNDING PROPERTIES ............................................................................ 3
4.
LOCATION AND ACCESSIBILITY .................................................................................................... 3
5.
CIRCULATION SYSTEM .................................................................................................................. 3
6.
DEVELOPMENT SCHEDULE ............................................................................................................ 3
7.
COMMUNITY FACILITIES AND SERVICES ...................................................................................... 4
8.
PUBLIC UTILITIES AND SERVICES ................................................................................................. 4
9.
UNIT PLAN OF DEVELOPMENT (UDP) COMPARISON .................................................................... 4
10.
GENERAL LOT AREA INFORMATION ............................................................................................. 5
11.
COMPLIANCE WITH CITY/TOWN GENERAL NOTES ....................................................................... 5
12.
OTHER INFORMATION ................................................................................................................... 5
List of Tables
Table 1 – Community Facilities and Services
Table 2 – Public Utilities and Services
Table 3 – Maricopa County UPD's Comparison Chart
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G:\Admin\SL\Well #34\Maricopa County\Zoning\Project
Narrative - Updated2.docx
1. Purpose of Request
The purpose of this request is to change zoning for an existing water treatment facility (Lot 170, Sun
Lakes Unit 18, APN 303-68-170A) from zone R1-6 to Ind-2 to allow for future arsenic treatment.
The zone change was required based on the pre-app (PA2022190) discussion on November 8, 2022.
2. Description of Proposal
The existing water distribution facility includes a recently drilled well (2020), an abandoned well,
storage tank, booster pumps and other appurtenant facilities. Water quality tests for the new well
indicated arsenic was above the Federal Primary Maximum Contaminant Level (MCL). Supplying
potable water to the distribution system requires arsenic treatment which can be accommodated
within the existing site. Refer to the site plan and grading and drainage plan for engineering details.
Business operation at the facility will not significantly change with the addition of arsenic treatment.
The utility has 24 employees and typically operates at the site 1-2 hours per day. The color palette is
Desert Sand and the material required for the proposal vary depending on the facility (e.g. ductile
iron, steel, HDPE, …). The existing chain link fence bounding the site north will be replaced with a
minimum of 6’ CMU block wall per Maricopa County Ind-2 Zoning Ordinance.
3. Relationship to Surrounding Properties
Single family residential properties, zoned R1-6, about the facility on the north and west. S Alma
School Rd borders the site to the east and Hunt Highway to the south. Refer to the site plan and
photographs for additional information. The proposed arsenic treatment facility will benefit the Sun
Lakes community by providing an additional and redundant source of clean potable water to the
residents and commercial users.
4. Location and Accessibility
The scope of work for the proposed arsenic treatment addition will be located within the existing
distribution system facility, lot 170 in Sun Lakes Unit 18. The site has an existing 19 feet width
driveway and a chain fence gate for accessibility.
5. Circulation System
All arsenic related improvements will be located within the existing lot boundary. Meaning, all
proposed Arsenic plant pipes, connections, bends, foundations and facilities are laid out within the
property boundary and right of way of the existing distribution facility. No dedications or easements
are needed for the proposed site as Pima Utility Company owns lot 170, the well/storage tank, and the
potable water distribution system.
6. Development schedule
The proposed project will not require phasing. The development of the Arsenic Treatment facility will
be installed as a whole within the existing lot once the zoning change and all approvals are granted.
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Narrative - Updated2.docx
7. Community Facilities and Services
Table 1 below includes the nearest community facilities and services to the project area.
Table 1 ‐ Community Facilities and Services
Community facilities or services
Provider
School District*
Chandler Unified district
Parks
Sun Lakes community golf, lakes, and parks
Other Amenities
Sun Lakes clubhouses (fitness, pool, tennis,
restaurants)
* Sun Lakes is a retirement community and doesn’t have schools within the Sun lakes community
boundary. However, Chandler Unified District is the nearest adjacent school district to the project.
8. Public Utilities and Services
Sun Lakes public utility and services providers are listed in table 2 below.
Table 2 ‐ Public Utilities and Services
Public Utilities and Services
Provider
Water
Pima Utility Company
Wastewater
Pima Utility Company
Fire Protection
South County Fire & Medical District
Police Protection
Maricopa County Sheriff’s Office
Electric
SRP
Gas
Southwest Gas
Telephone
Orbitel Com., Cox Com., Century Link Com.
Refuse
Allied
9. Unit Plan of Development (UPD) Comparison
A unit plan development comparison chart is shown in Table 3 for the existing R1-6 and proposed
Ind-2 Maricopa County zoning standards and ordinance.
Table 3 ‐ Maricopa County UPD's Comparison Chart
Regulations
Base Zone District
Regulations (R1-6)
Proposed Zone District
Regulations (Ind-2)
Max Height
30’
40’
Min/Max Front Yard
20’Min
20’Min & 25’Max
Min Side Yard
5’
5’
Min Street-Side Yard
5’
10’
Min Rear Yard
25’
25’
Min Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min Lot Width
60’
60’
Max Lot Coverage
50%
60%
Parking Spacing
(Chap. 11, Sec. 1102)
(Chap. 14, Sec. 1102)
Screening
N/A
6’
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Narrative - Updated2.docx
10. General Lot Area Information
The gross lot area of the project site (lot 170) is 16,473 sq. ft. and the total lot coverage including both
existing and proposed structures of all facilities cover approximately 46% of the total lot area. As
summarized in Table 3 and according to the Maricopa County Zoning Ordinance, Ind-2 zone requires
a minimum 6,000 sq. ft. of lot area and a maximum of 60% lot coverage in which both area
requirements are met for the proposed project.
11. Compliance with City/Town General Notes
According to the Maricopa County Vision 2030 Comprehensive Plan, the project falls under an
“Unincorporated Maricopa County” Jurisdiction which does not outline any planning goals and
policies for the project area.
12. Other Information
The proposed plan doesn’t change the existing grading and drainage concept of the site. Proposed
finish floors of the Arsenic treatment facility will be set at level with all the other existing structures
within the site.
Stacey A. Lapp, PE, CFM
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-4717
www.maricopa.gov/planning
Email address:
stacey.lapp@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
February 16, 2024
Memo To: Darren Gerard, Planning Manager, Planning & Development
Attn:
Andrew Lorentzen, Planner, Planning and Development
From:
Stacey A. Lapp, P.E., CFM, Plans Examiner Engineer, Planning
and Development
cc:
Bob Fedorka, P.E., Engineering Manager, Planning and
Development
Subject: Z2023132 Sun Lakes Pima Utility Well #34 Arsenic Treatment
Zone Change
(E2 Memo)
Engineering Review has approved the second plan and report for the subject
application subject to the following stipulations:
The following stipulations will apply:
1. Engineering review of planning and/or zoning cases is for conceptual design
only. All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway
Design Manual; and current engineering policies, standards and best practices
at the time of application for construction.
2. Based on the conceptual design nature of the information submitted, changes
to the site layout may be necessitated by the final engineering design of the
site’s drainage infrastructure.
3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted
with the application for Building Permits
Please contact me with any questions.
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
S u b d i vi s io n @ m a ri co p a .go v
e s d .m a r i c o pa .g o v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the Sun Lakes Pima Utility Well #34 Arsenic Treatment planning case(s). Please note the
following MCESD requirements for site development:
Drinking Water –
Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15
service connections per day for at least 60 days per year is classified as a Public Water
System (PWS).
•
A Public Water System application and a New Source Approval application are
required and must be submitted to the MCESD’s Drinking Water Program. A water
quality analysis report will be required with submittal and is good within one-year of
testing.
An Approval to Construct application is required to be submitted to the MCESD’s Treatment
Program for all water treatment facilities.
•
For questions, please contact the Water/Wastewater Treatment Program at (602)
372-2861 or email treatmentplantprogram@maricopa.gov
An Approval to Construct application is required to be submitted to the MCESD’s
Subdivision & Infrastructure Program for all water system infrastructure.
•
For questions, please contact the Subdivision and Infrastructure Program at (602)
506-1058 or email subdivision@maricopa.gov
For additional Drinking Water related questions, please contact the Drinking Water program
at (602) 506-6935 or by email at sdwquestions@maricopa.gov.
Treatment –
An Approval to Construct application is required to be submitted to the Water/Wastewater
Treatment Program for all water treatment facilities.
Project Name: Sun Lakes Pima Utility Well
#34 Arsenic Treatment
Primary Contact Name: Brent
Emmerton
Planning Application Type: Zone Change
APN(s): 303-68-170A
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Andrew Lorentzen
Planning Case #: Z2023132
Date: November 3, 2023
Water and Waste Management Division
Page | 2
For treatment related questions, please contact the Water/Wastewater Treatment Program
at (602) 372-2861 or email treatmentplantprogram@maricopa.gov.
Subdivision and Infrastructure –
An Approval to Construct application is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system
infrastructure.
A will serve letter issued by the Utility is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program if the site/development will be provided with water
and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is
required to MCESD’s Subdivision & Infrastructure Program if the site/development
wastewater service is being provided by a Utility.
For subdivision related questions, please contact the Subdivision and Infrastructure
Program at (602) 506-1058 or email subdivision@maricopa.gov.
Additional Notes –
Environmental Services does not require these items for condition of approval of Z2023132, however
these items must be addressed with the development of the site. Environmental Services does not
require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. Other Maricopa County agencies may have additional
requirements. Final review and approval will be made through Planning and Development Department
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental
Services Department for approval of proposed facilities regulated by the Department. Review of any such
application will be based on current regulations at the time of application.