Prescott board affirms staff view that hillside standards do not apply to single-site Marina Street project

Prescott — The City of Prescott Board of Adjustments on Sept. 18 upheld, by a 4-1 vote, the community development director's interpretation that the Land Development Code (LDC) hillside development standards in Section 6.8 are intended for planned area developments (PADs) and multi-lot subdivisions, not single-site projects. The decision resolves an appeal filed by Veronica Grace about a proposed apartment project at 500 South Marina Street.

The vote affirms Chelsea Walton, the city’s community development director, and staff, who told the board the language in Section 6.8 repeatedly references preliminary plats, PADs and subdivisions and is therefore not practicable to apply to a single lot. Planning Manager Alex Bramley presented the staff interpretation and recommended the board affirm the director’s position.

The appeal mattered to neighbors and several residents who said the code’s purpose is to protect Prescott’s hills and mesas. Appellant Veronica Grace argued the LDC’s general applicability language should cover all site development unless an explicit exception exists. “This is the entirety of Prescott,” Grace told the board, saying the purpose section (6.8.1) shows the code’s intent “to protect our hillsides.” Multiple public commenters raised concerns about habitat, erosion, drainage and emergency access if steep slopes are extensively disturbed.

At the hearing, staff described how the LDC’s 6.8 provisions repeatedly reference processes that involve multiple lots (preliminary plat, final plat, PAD and subdivision approvals). Bramley told the board the section’s tables and cross-references are structured around density transfers and maximum disturbable areas in that subdivision context. Walton added that engineering, building and fire codes—separate from the hillside standards—still apply to single-site development and address slope stability, drainage and driveway grades. “All projects throughout the city are still subject to engineering standards,” Walton said. She told the board her office had obtained legal advice in reaching its interpretation.

Board members debated statutory interpretation and the practical difficulties of applying provisions written for lot transfers and PAD processes to a single-site apartment project. Board member Mary Frederickson moved to deny (reverse) the director’s interpretation; that motion failed. Board member Mark Hockness then moved to affirm the director’s interpretation and asked staff to prepare a memo asking City Council to consider clarifying the code; Miriam Hobrick seconded. The board approved the motion 4-1.

The board’s action does not change other permit or engineering requirements for the Marina Street project. Walton and staff emphasized that International Building Code requirements, the city’s general engineering standards and fire department rules continue to apply and will address many technical safety concerns raised during public comment. The board also recorded a direction that staff prepare a memo for City Council to consider revising LDC language to remove ambiguity.

Following the vote, newly elected Mayor Kathy Rusing said she has already begun coordinating a review and expects a study session on the topic to consider “clean[ing] up the language” so the code is clearer for staff, developers and the public.

The Board of Adjustments hearing served as the quasi-judicial review of an administrative interpretation under LDC Section 9.17. The board’s action affirms the director’s interpretation that Section 6.8 is applicable primarily to PADs and multi-lot subdivisions; the board also asked staff and council to review whether LDC language should be clarified for future cases.