Planning and Zoning Commission Meeting

Planning & Zoning Commission Meeting Agenda Pursuant to A.R.S. § 38-431.02 notice is hereby given to the public that the Sahuarita Planning & Zoning Commission will hold a meeting at the date and time specified below at the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ. To better serve our community, the Sahuarita Council Chambers is wheelchair accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk’s Office at 520-822-8801. Requests should be made no later than three (3) working days prior to the meeting to arrange the accommodation. PLANNING & ZONING COMMISSION REGULAR MEETING AGENDA MONDAY, DECEMBER 6, 2021, at or after 6:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Chair Tim Trosper Vice Chair John D Backer Commissioner Nathan Barrett Commissioner Michael Hernandez Commissioner Cathy Maghran Commissioner Daniel Millet Commissioner Mickey Miramontes 4. APPROVAL OF MINUTES FOR PLANNING & ZONING COMMISSION MEETING OF APRIL 5, 2021 AND COUNCIL JOINT STUDY SESSION OF NOVEMBER 8, 2021 5. CALL TO THE AUDIENCE At this time, any member of the public is allowed to address the Board on any issue not already on tonight’s agenda. Pursuant to the Arizona Meeting Law, the speaker’s comments may not be considered, discussed or even answered by the Board at this meeting, but may, at the discretion of the Board, be placed on a future agenda for discussion/action. Regular Meeting Agenda- December 6, 2021 Page 1 of 2  PLANNING & ZONING COMMISSION MEETING AGENDA 6. PUBLIC HEARING: A proposed Minor General Plan Amendment requested by the Town Planning & Building Department. The proposed Minor General Plan Amendment is composed of two parts: • Changing the criteria for a Major versus Minor General Plan Amendment. • Updating the list of zoning categories for each land use designation in the General Plan to reflect the Town’s currently adopted zoning districts. This amendment will not change the land use designation or zoning for any property. (Case No. SA7-21-00001) 7. PUBLIC HEARING: A proposed Zoning Code Text Amendment to Chapter 18.69.070 requested by the Town Planning & Building Department. The purpose of the amendment is to streamline the approval process for substitute assurances, assurance time extensions, and full releases of assurances. (Case No. SA8-21-00001) 8. PLANNING & BUILDING DIRECTOR'S REPORT 9. FUTURE AGENDA ITEMS 10. ADJOURNMENT Regular Meeting Agenda- December 6, 2021 Page 2 of 2 Planning & Zoning Commission Meeting ACTION Minutes MEETING ACTION MINUTES APRIL 5, 2021 The Planning and Zoning Commission of the Town of Sahuarita met in the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ 85629 on Monday, April 5, 2021. 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Tim Trosper. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present Chair Tim Trosper Present Vice Chair John D Backer (Arrived at 6:08) Present Commissioner Nathan Barrett Present Commissioner Michael Hernandez Present Commissioner Cathy Maghran Present Commissioner Daniel Millet Present Commissioner Mickey Miramontes 4. CALL TO THE AUDIENCE No one came forward. 5. MEETING MINUTES: APPROVAL OF MINUTES FOR PLANNING & ZONING COMMISSION MEETING OF OCTOBER 28, 2020 AND NOVEMBER 2, 2020. Accept minutes as presented. MOTION CARRIED 6:0 RESULT: APPROVED [UNANIMOUS] MOVER: Nathan Barrett, Commissioner SECONDER: Cathy Maghran, Commissioner AYES: Tim Trosper, Nathan Barrett, Michael Hernandez, Cathy Maghran, Daniel Millet, Mickey Miramontes 6. PUBLIC HEARING: A proposed Specific Plan requested by the Planning Center on behalf of Green Valley 28, LLP. The site is approximately 162 acres in size and is located along La Villita Meeting Action Minutes- April 5, 2021 Page 1 of 3  PLANNING & ZONING COMMISSION MEETING MINUTES Road, approximately 1.5 miles south of Sahuarita Road. (Case No. SA9-20-001). Chairman Trosper opened the public hearing. Orlanthia Henderson, Planning and Zoning Manager, presented the staff report. The applicant’s representative, Brian Underwood with the Planning Center, was present to answer any questions of the Commission or the Public. The Commission’s concerns were increased traffic, school district impact, water usage, and native plant inventory reports. Mr. Underwood responded to the Commission with the following: Traffic: Over time La Villita will be improved to a three-lane road including bike lanes. The Town’s studying of the El Toro Corridor will include the impact of this project and a traffic analysis will be produced through the development agreement. School district impact: The applicant has met with the school district and has offered the option of a one-time per roof contribution. Water Usage: The existing onsite well will be capped off and there will be no impact to the neighboring wells. The site is located within the service area of Farmers Water. Native plant inventory: Native plant inventory was done, and no Pima Pineapple cacti were identified on site. Public comments were received from neighboring residents. Terrell Riddle, Paul LaValley, Mabel LaValley, and Alex LaValley. The concerns from the speakers were increased pedestrian traffic on their property. The area residents stated that there is currently an influx of individuals who cut through their property to access the south side of Sahuarita. They also said there is currently no road that connects La Villita to the south part of Sahuarita where local markets are located. Ms. Henderson noted that the Specific Plan will not provide a direct public road connection to the Valle Verde del Norte neighborhood and that the only connection will be through a locked fire access gate for emergency access only. Ms. Henderson also noted that trails are proposed as part of the Specific Plan and may help with some of the cut through pedestrian traffic. Chair Trosper closed the public hearing. Commissioner Hernandez made the motion to approve with a recommendation that the fire gate be moved from central location further to the east and recommended that there be a plan for connecting La Villita to Old Nogales Highway. Meeting Action Minutes- April 5, 2021 Page 2 of 3  PLANNING & ZONING COMMISSION MEETING MINUTES Commissioner Millet added to the recommendation that a traffic study of El Toro/La Villita be completed. Vice Chair Backer 2nd the motion. MOTION CARRIED 7:0 RESULT: APPROVED MOVER: Daniel Millett, Commissioner SECONDER: John Backer, Vice Chair AYES: Tim Trosper, John Backer, Nathan Barrett, Michael Hernandez, Cathy Maghran, Daniel Millet Mickey Miramontes NAYES: 7. PLANNING & BUILDING DIRECTOR'S REPORT No action taken. 8. FUTURE AGENDA ITEMS No action taken. 9. ADJOURNMENT Meeting adjourned at 7:15 PM. Meeting Action Minutes- April 5, 2021 Page 3 of 3 Planning & Zoning Commission Joint Council Study Session Minutes STUDY SESSION MINUTES NOVEMBER 8, 2021 The Planning and Zoning Commission of the Town of Sahuarita met in the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ 85629 on Monday, November 8, 2021. 11. ITEM 11 OF THE NOVEMBER 8, 2021, COUNCIL MEETING: CALL TO ORDER Mayor Murphy commenced the Study Session at 7:14 PM and deferred to Vice-Chair John Backer. ROLL CALL Absent Chair Tim Trosper Present Vice Chair John D Backer Present Commissioner Nathan Barrett Absent Commissioner Michael Hernandez Present Commissioner Cathy Maghran Absent Commissioner Daniel Millet Present Commissioner Mickey Miramontes Joint Study Session with Planning and Zoning Commission regarding the Quail Creek Specific Plan 2. (Case No. SA9-21-00001) Anna Casadei, Planning and Building Director, provided an overview of the Quail Creek Specific Plan 2 submittal. Ms. Casadei outlined the purpose of the specific plan and the location, size, and land use included in the proposal. Ms. Casadei discussed the three land use designations included in the Specific Plan (Recreational/Open Space, Single Family Residence, and Mixed-Use) in detail then described the conceptual layout of future roads, road cross-sections, and sidewalks. Ms. Casadei concluded the presentation with a review of the next steps in the process. Ms. Casadei and Beth Abramovitz, Interim Assistant Town Manager/Public Works Director, responded to comments and questions from Council. Council Member Lusk requested open space available to the residents of Quail Creek be included in the specific plan. Additionally, Council Member Lusk voiced his concern regarding secondary access to and from the Quail Creek Community. The Mayor and Council echoed the concerns of Council Member Lusk regarding a northern entrance and exit to and from Quail Creek. Council Member Davis expressed concerns regarding the governance of two specific plans within the same community. Joint Council Study Session Minutes- November 8, 2021 Page 1 of 2  PLANNING & ZONING COMMISSION MEETING MINUTES The Planning and Zoning Commission members expressed concerns regarding secondary access, increased traffic, water supply, pathways, sidewalks, and police and fire access in the Quail Creek Community. Trevor Barger, President/CEO, ESPIRITU LOCI, addressed comments regarding access to the north and south of Quail Creek; crossings of the railroad; and a detailed list of planned amenities. Furthermore, Mr. Barger discussed limitations for access to Quail Creek to the north due to property ownership. John O'Rourke, Quail Creek HOA Board Member, voiced concerns about the egress and ingress associated with Quail Creek's planned expansion and stated the need for additional open space. Mark Mandel, Quail Creek resident, questioned if land within the specific plan to the west of Old Nogales Highway would be gated; if the fire station was within the floodplain; the use of water dependent green space and crushed gravel for pathways; and the need for a CCR plan change to accommodate a hotel. Council Member Hicks left the meeting at 7:14 PM. and returned at 7:15 PM Council Member Bracco left the meeting at 7:50 PM and returned at 7:51 PM Vice-Chair Backer adjourned the Planning and Zoning Commission meeting at 8:11 PM. No action was taken. CONTINUATION OF REGULAR MEETING 12. Adjournment Mayor Tom Murphy adjourned the meeting at 8:11 PM. Joint Council Study Session Minutes- November 8, 2021 Page 2 of 2  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Case No. SA7-21-00001 Commission Meeting Date: December 6, 2021 Agenda Item No. 6 PREPARED BY: Vince Hustead, AICP, Planner REVIEWED BY: Anna Casadei, AICP, Planning and Building Director RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation of approval of the Minor General Plan Amendment SUBJECT: Public Hearing: Minor General Plan Amendment SIZE: N/A LOCATION: Town-wide APPLICANT: Town of Sahuarita Planning & Building Department OWNER: N/A Page 1 of 6 SA7-21-00001 December 6, 2021  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov PROPOSAL: The Town of Sahuarita Planning & Building Department is requesting a Minor General Plan Amendment composed of two parts. The first part will change the criteria for determining which changes will be considered Major versus Minor General Plan Amendments. The second part will update the list of zoning categories for each land use designation in the General Plan. BACKGROUND: Per the Town Code, and in accordance Arizona Revised Statutes 9-461, the General Plan is described as a land use plan and strategic action plan. The land use element establishes, and the general plan makes specific, the goals regarding the future development of the town reflecting as much as possible public consensus of land uses. It is the official document for the Planning and Zoning Commission, Town Council, town officials and agencies for accomplishing the physical development consistent with the current and anticipated needs of the town. The land use plan guides the Planning and Zoning Commission and Town Council in rezoning and specific plan proceedings. General Plan amendments fall into two categories, Major and Minor, each having its own set of criteria and amendment process. The criteria for a Major General Plan amendment include: • A change to any land use as depicted on the General Plan Land Use map from a residential designation to a non-residential designation, and vice versa. • Any change involving land over 40 acres in size. • A change from one residential designation to another residential designation resulting in an increase or decrease in density more than 30% from the existing designation. The criteria for Minor amendments include: • Expansions of existing specific plan areas. • Establishing a new specific plan or special planning area. • Any other change not meeting the criteria of a major amendment. Arizona Revised Statutes 9-461.06-G provides the definition of a major plan amendment as a substantial alteration of land use mixture or balance shown on the land uses outlined in the General Plan. State law requires Major General Plan Amendments to be processed annually (Sahuarita has established an application window from January 1st to April 30th). The Major Plan Amendments must be presented to the Planning Commission at two separate locations then must be approved by an affirmative vote of at least two-thirds of the Town Council. Page 2 of 6 SA7-21-00001 December 6, 2021  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Minor General Plan Amendments do not have an application window; they can be submitted any time of the year. Minor General Plan Amendments require one presentation to the Planning and Zoning Commission and require a simple majority vote at the Town Council. DETAILS OF THE REQUEST: The first part of the request is the change of criteria for a Major versus Minor General Plan Amendments. With this request, Staff is proposing to add criteria for Minor Plan Amendments allowing for a change from Commercial or High Density Residential to Mixed Use for land areas of 40 acres or less. Staff is proposing this amendment to allow for more development flexibility. This change would result in the ability for certain land use categories to change from one use to another without it requiring a Major General Plan Amendment. Currently, property owners choosing to change from High Density Residential or Commercial to Mixed Use are required to go through a Major General Plan Amendment and are restricted to submitting an application within the January 1st to April 30th window. The second part of the request updates the zoning categories for each land use designation as shown in the General Plan. In 2015, the Town amended the zoning code to remove the Rural Village Center (RVC), Multiple Use (MU), and Transitional (TR) zones. The same amendment added new zones: Neighborhood Commercial (NC) and Mixed Use (MX). This General Plan Amendment cleans up the business zones listed in the General Plan to match the business zones in the zoning code by adding the new zones to the appropriate land use designations and removing zoning districts that no longer exist. The table provided below highlights the changes made to the affected Land Use designations: Land Use Designations Recommended Zoning Districts Very Low Density Residential Rural Homestead (RH), Density Range: 0-0.3 Residences Suburban Ranch (SR), per acre (no change) Major Resort (MR) Low Density Residential Suburban Homestead (SH) Density Range: 0.31-3 Residences R-1 Single Residence Zone per acre (no change) R-2 Single Residence Zone R-3 Single Residence Zone Page 3 of 6 SA7-21-00001 December 6, 2021  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Medium Density Residential R-2 Single Residence Zone Density Range: 3.1-6 Residences R-3 Single Residence Zone per acre Mixed Dwelling Zone (R-4) Town Manufactured and Mobile Home-1 Zone (MH-1) Removal of Transitional Zone (TR) Medium High Density Residential R-4 Mixed Dwelling Type Zone Density Range: 6.1-12 Residences R-5 Multiple Residence Zone per acre (no change) MH-2 Manufactured Mobile Home-2 Zone High Density Residential R-5 Multiple Residence Zone Density Range: 12.1 or more per Removal of Transitional Zone (TR) acre Commercial Addition of Neighborhood Commercial (NC) Addition of Mixed-Use (MX) Local Business (B-1) General Business (B-2) Major Resort Removal of Transitional Zone (TR) Removal of Rural Village Center Employment (no change) General Business (B-2) Campus Park Industrial (CPI) Light Industrial/Warehousing (I-1) General Industrial (I-2) Institutional (no change) Public and quasi-public uses: government services, schools and religious institution permitted in all zones Mixed Use Addition of Neighborhood Commercial (NC) R-5 Multiple Residences Local Business (B-1) General Business (B-2) Major Resort (MR) Campus Park Industrial (CPI) Light Industrial / Warehousing (I-1) Removal of Transitional Zone (TR) Resource Conservation / Open Parks and Open Spaces allowed in all zoning categories Space (no change) Resource Industrial (no change) Mineral extraction Page 4 of 6 SA7-21-00001 December 6, 2021  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov CONCLUSION: The update of the zoning districts included in the land use categories will not change the existing zoning districts of Title 18 Sahuarita Town Code. By changing the criteria of Minor and Major General Plan Amendments, as well as changing the zoning districts listed in each land use category, will allow the General Plan to better reflect existing conditions and allow more flexibility for future change. PROCEDURAL INFORMATION: Zoning Code Section 18.89.110 provides the process for a Minor General Plan Amendment. The procedure includes a public hearing by the Planning & Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on any proposed minor amendment. Property owners and other interested persons may submit their comments at the public hearing or in writing prior to the public hearing by submitting them to the planning and building department, zoning division. All public comments will be transmitted to the planning and zoning commission. The planning and zoning commission may close the public hearing and make a recommendation to the Town Council, or they may continue the hearing should they require additional information or to resolve issues. The Planning and Zoning Commission recommendation shall include the reasons for the recommendation. The Town Council shall hold a public hearing on the general plan amendment. The Town Council shall consider the recommendations of the Planning and Zoning Commission, town staff and public comments. The adoption of a minor amendment to the general plan shall be approved by affirmative vote of a simple majority of the members of the governing body of the municipality. The adoption of a minor amendment to the general plan shall be by resolution of the Town Council. PUBLIC NOTICE and COMMENT: Public notice for the Planning & Zoning Commission meeting was provided in the Green Valley News on November 21, 2021. The requested General Plan Amendment was advertised on the Town’s social media accounts, was sent out through the e-newsletter, and was presented to SAHBA and MPA for comment. No public input has been received at the time of this report’s publishing. Comments that are received by staff will be provided to the Commission at the December 6, 2021, public hearing. REQUIRED ACTION: The Commission shall hold a public hearing to determine whether this is in the best interest of the Town of Sahuarita and its residents and make a motion to forward a recommendation to the Page 5 of 6 SA7-21-00001 December 6, 2021  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Town Council, or they may continue the hearing should they require additional information or to resolve issues. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval of the General Plan Amendment. SUGGESTED MOTION: I move to recommend approval of case number SA7-21-00001 as presented by staff. SUPPORTING DOCUMENTS ATTACHED: Attachments include: 1. Minor General Plan Application & Memo Page 6 of 6 SA7-21-00001 December 6, 2021  Town of Sahuarita Planning & Building Department 375 W. Sahuarita Center Way Sahuarita, Arizona 85629 Phone: 520-822-8855 Fax: 520-822-8876 http://www.sahuaritaaz.gov DEVELOPMENT REVIEW APPLICATION Project Name: General Plan Amendment - GPA process and zone update Acreage: # lots: N/A N/A Zoning: Assessor’s Parcel #: N/A N/A Application Type (Tentative Plat, Development Plan, etc.): Minor General Plan Amendment Property Owner: Property Owner’s Address: City, Zip Code: Phone #: Email Address: Applicant/Agent: Town of Sahuarita Planning & Building Department Address: 375 W Sahuarita Center Way City, Zip Code: Sahuarita, AZ 85629 Phone #: (520) 822-8856 Email Address: acasadei@sahuaritaaz.gov I, the undersigned, certify that all of the facts set forth in this application are true Zoning Fee: and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this N/A application. (If applicant is not the owner, attach written authorization from the owner.) Signature of Applicant/Authorized Representative Date: 8/2/2021 March 2018  Town of Sahuarita Planning & Building Department 375 W. Sahuarita Center Way Sahuarita, Arizona 85629 Phone: 520-822-8855 Fax: 520-822-8876 http://www.sahuaritaaz.gov DEVELOPMENT REVIEW PROCEDURE Below are the steps you are required to take for review of your development application. Note that steps taken by staff, such as routing of your application to other departments or publishing of public notice, are not shown here. The following steps are required of you, the applicant, in all Site Plan, Development Plan, Development Plan Amendment, Landscape Plan, Tentative Plat, Final Plat, Plat Amendment, Specific Plan, and General Plan Amendment submittals, unless otherwise noted: • Submit a complete application (see checklist) and fees • Provide Pima County Wastewater (if applicable) and Addressing directly with your application and fees within two days of submittal to Town • Provide revised documents as required by staff • Provide plan set for signature • For Specific Plans and General Plan Amendments: Planning and Zoning Commission and Town Council public hearings • For Final Plats: Town Council public hearing Applicable timeframes are: Application Type Overall Timeframe Site Plan 2.25 months Development Plan 4.25 months Development Plan Amendment 4.25 months Landscape Plan 4.25 months Tentative Plat, Final Plat, or Plat Amendment 6.5 months Specific Plan (New, 50 acres or less) 6.5 months Specific Plan (New, greater than 50 acres) 12.5 months General Plan Amendment (Minor) 6.25 General Plan Amendment (Major) 12.25 months These timeframes assume: • A complete application at the time of submittal; • A one-month review period for staff; and • A maximum of two submittals prior to submitting final documents for approval signature or scheduling a public hearing. March 2018 Most applications are approved or denied within a much shorter timeframe than shown above. The above timeframes account for the more complex and time-consuming applications and represent a maximum. Note that time used by the applicant to make corrections after comments are sent out is not counted in these timeframes. For applications that require a public hearing, the timeframe ends on the date of the first public hearing. The Town of Sahuarita will provide you with clarification of its interpretation or application of statutes, ordinances, codes, or authorized substantive policy statements as requested. If you have any questions or require assistance throughout the application process, you may contact Orlanthia Henderson at (520)822-8851 or ohenderson@sahuaritaaz.gov. March 2018  MEMORANDUM PLANNING & BUILDING To: Case File/Application CC: Orlanthia Henderson, Planning & Zoning Manager From: Anna Casadei, Planning & Building Director Date: November 29, 2021 Re: Application for Minor General Plan Amendment Planning and Zoning staff is requesting a Minor General Plan Amendment with two components. These amendments are in support of the Town’s Strategic Plan goal to increase workforce housing. Component 1: Minor General Plan Amendment Criteria Staff proposes to change the criteria for a Major versus Minor General Plan Amendment. This amendment would allow changes to a Mixed Use land use designation from either High Density Residential or Commercial, and vice versa. P LAN A DMINISTRATION General Plan administration is heavily influenced by state law. Arizona Revised Statutes provide procedures for major General Plan Amendments, which may be processed annually, as well as a requirement to have an updated General Plan ratified by the voters every ten years. In addition, state law requires that all rezoning requests be in conformance with the General Plan. Arizona Revised Statutes 9-461.06-G defines a major plan amendment as a substantial alteration of the land use mixture or balance as established in the General Plan land use element. The municipality’s general plan defines the criteria to determine if a proposed amendment to the general plan affects such a substantial alteration. The Town of Sahuarita defines the criteria for a major plan amendment to be: • A change to any land use as depicted on the General Plan Land Use map from a residential designation to a non-residential designation, and vice versa. • Any change involving land over 40 acres in size. • A change from one residential designation to another residential designation resulting in an increase or decrease in density more than 30% from the existing designation. State law also requires that the Town’s adopted Public Participation Plan be followed for all major amendments to the general plan, and that such amendments may be heard once a year. Major amendments must be approved by an affirmative vote of at least two-thirds of the Town Council.  MEMORANDUM PLANNING & BUILDING All rezoning requests must implement the General Plan and must be in conformance with it. Requests not in conformance with the plan should be discouraged, but if pursued must come through the plan amendment process prior to consideration by Town decision-makers. Minor amendments to the General Plan are considered to be technical or non-substantive. After application and recommendation from the Planning and Zoning Commission, minor amendments require a simple majority of the Town Council for approval. Minor amendments include: • Expansions of existing specific plan areas. • Establishing a new specific plan or special planning area. • A change from Commercial or High Density Residential designations to Mixed Use for land areas 40 acres in size or less. • Any other change not meeting the criteria of a major amendment. Amendments to adopted specific plans shall follow the amendment process outlined in the Specific Plan. Modifications to adopted specific plans that do not increase overall intensity or density within the Specific Plan boundaries are not subject to the general plan amendment process. Any land use change involving one acre or less of land does not require any General Plan amendment. Component 2: Recommended Zones for each Land Use Designation Staff proposes to update the recommended zones for each land use designation listed in the General Plan to match the zones in the current zoning code. Very Low Density Residential Very Low Density Residential is comprised of single-family residential development that maintains a rural character typified by lots of 3.3 acres and larger and houses of an individual design. Rural commercial uses allowed in the permitted zoning categories are acceptable. Recommended zoning categories are: Rural Homestead (RH), Suburban Ranch (SR), and Major Resort (MR). Density Range is 0–0.3 residences per acre. Low Density Residential Low Density Residential consists of single-family residential development that maintains either a rural or larger lot suburban character. Clustering of uses is permitted to enhance an interconnected open space system or to maximize preservation of existing vegetation and other natural features of the site. Rural, non-commercial uses allowed in the permitted zoning Page 2  MEMORANDUM PLANNING & BUILDING categories are acceptable. Recommended zoning categories include: Suburban Homestead (SH), R-1 Single Residence Zone, R-2 Single Residence Zone, and R-3 Single Residence Zone. Density Range is 0.31–3 residences per acre. Medium Density Residential Medium Density Residential is characterized by single-family suburban residential development with a range of subdivided lot sizes. Clustering of uses is permitted to enhance an interconnected open space system or to maximize preservation of existing vegetation and other natural features of the site. Recommended zoning categories include: R-2 Single Residence Zone, R-3 Single Residence Zone, R-4 Mixed Dwelling Type Zone and MH-1 Manufactured and Mobile Home-1 Zone. Density range is 3.1–6 residences per acre. Medium High Density Residential Medium High Density Residential includes primarily single family attached or detached residential development. Clustering or use of the small lot subdivision option is permitted if it adds to an interconnected open space system. Recommended zoning categories include: R-4 Mixed Dwelling Type Zone, R-5 Multiple Residence Zone, and MH-2 Manufactured and Mobile Home-2 Zone and Transitional (TR) . Density Range is 6.1–12 residences per acre. High Density Residential High Density Residential consists of multi-family residential developments. Recommended zoning categories include: R-5 Multiple Residence Zone and Transitional (TR). Density Range is 12.1 or more residences per acre. Commercial A Commercial land use designation allows for office and retail development that support the needs of the Town’s market area and employment centers. Recommended zoning categories include: Transitional (TR) Neighborhood Commercial (NC), Rural Village Center Mixed-Use (RVCMX), Local Business (B-1), General Business (B-2) and Major Resort (MR). Employment Employment opportunities within the Town include uses such as: light industrial, assembly/manufacturing, transportation logistics and distribution centers, hospital and medical facilities, research and development, technology and innovation, educational campuses including higher education and vocational trade schools, corporate headquarters, traditional office, Page 3  MEMORANDUM PLANNING & BUILDING business support and services, and warehousing uses. Recommended zoning categories include: General Business (B-2), Campus Park Industrial (CPI), Light Industrial/Warehousing (I-1) and General Industrial (I-2). When part of an employment campus, higher density residential uses may be permitted. Institutional Institutional uses include public and quasi-public uses such as government services, schools and religious institutions that provide the basic human services are permitted in all zones. Mixed Use Mixed use allows for residential and compatible non-residential development in a compact development pattern, including entertainment, cultural uses and community gathering spaces, creating opportunities to live, work, learn and recreate in a pleasant, walkable setting integrated with parks, trails and open space. Allowable uses include Medium High to High Density residential, commercial, employment, hotel and resort uses, public spaces, governmental/institutional uses. Vertical and horizontal mixed-use is encouraged. It is strongly recommended that specific plans be utilized to implement the mixed-use concept. Otherwise, recommended zoning categories include R-5 Multiple Residence, Neighborhood Commercial (NC) Transitional (TR, Mixed Use (MX) and Local Business (B-1). General Business (B-2), Major Resort (MR), Campus Park Industrial (CPI) and Light Industrial/Warehousing (I-1) are recommended only when subject to strict design standards ensuring compatibility with neighboring uses. Resource Conservation/Open Space Resource Conservation/Open Space includes -parks and open space to serve the needs of the Town. Existing parks and open space are identified on the General Plan Land Use map. Policies for future parks are addressed in the recreation and open space element. Parks and open spaces are allowed in all zoning categories. Resource Industrial Mining operations and sand and gravel extraction sites as identified on state-provided maps pursuant to ARS 9-461.05.C.1.g. Sand and gravel extraction is necessary for all construction and reconstruction activities within the Town and must continue to be a valid recognized use. The Town recognizes that it is important not to create land use conflicts adjacent to these uses and has designated these areas as Resource Industrial. These lands may be available for re-planning and development but not likely during the life of this General Plan. Page 4  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Case No. SA8-21-00007 Commission Meeting Date: December 6, 2021 Agenda Item No. 7 PREPARED BY: Vince Hustead, AICP - Planner REVIEWED BY: Anna Casadei, AICP - Planning & Building Director RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation of approval of the Zoning Code Text Amendment for Title 18.69 to the Town Council. SUBJECT: Public Hearing: Zoning Code Text Amendment Title 18.69 Subdivision Assurances Release SIZE: N/A LOCATION: Town of Sahuarita APPLICANT: Town of Sahuarita Planning & Zoning Division OWNER: N/A BACKGROUND: Sahuarita Town Code requires that a developer provide an assurance agreement with a final plat. Assurances ensure that developers of subdivisions will complete improvements such as streets, water and sewer lines, and any amenities such as park facilities. There are a few different types of assurances; substitute assurances enable the transfer of undeveloped lots from one owner to another (typically a master developer to a homebuilder). A full release of Page 1 of 4 SA8-21-00007 December 6, 2021  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov assurances allows for the final close out and completion of a subdivision. This process is identified in the Zoning Code, Chapter 18.69. The code provides for time extensions for assurances, but this process has not been used frequently. The Town will typically recommend that a substitute assurance agreement be prepared when the timeframe needs to be extended. Zoning Code Chapter 18.69 outlines a process for full release of assurances, substitute assurances, and time extensions. Although effective, the current process is time-consuming as it requires the approval and review of several department heads including Planning & Building Director, Town Engineer, Town Manager, and Town Attorney. As a result, staff is proposing an amendment to the current process to streamline the Town’s full release of assurance, substitute assurance, and time extension processes. The table below demonstrates the current type of review as well as identifies the signatures needed for approval. Type of Assurance Scope Current Type of Review Substitute Assurance Generally, responsibility for Staff review with signatures Agreement improvements are transferred needed from the Planning & from one property owner to Building Director, Town another. Engineer, Town Attorney, and Town Manager. Full Release of Assurances All improvements are Staff review with signatures completed at build out of needed from the Planning & subdivision Building Director, Town Engineer and Town Manager. DISCUSSION AND ANALYSIS: Planning and Zoning staff is proposing to simplify the full release of assurances, substitute assurances, and assurance time extensions processes as provided for in Town Code, Section 18.69.070. This change would still require the Town Engineer and Planning and Building Director to sign the full release of assurances after the review and inspection. The new process would remove the required signature of the Town Manager. By removing the Town Manager; the full release of assurances can be processed more quickly. The new process would also not Page 2 of 4 SA8-21-00007 December 6, 2021  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov require the 10 working days for Town staff to provide department comments to the Town Manager. By removing this step, direct coordination between Town staff can occur without the formality of creating department comments. Removal of the Town Manager signature would apply to substitute assurance agreements, full releases, and time extensions for assurances. Staff’s proposal to revise the assurance sections of the Town Code meets several General Plan goals and policies: • GA-3: Develop funding methods to proportionately distribute infrastructure costs associated with new development. o GA 3.1: Require new development to fund its proportionate share of the costs associated with the provision of public services to accommodate the project. • PFS-6.2: Foster excellent working relationships between the town and the business and development community through fast and transparent development and permitting processes and facilitation of ongoing communication. • PFS-7.2: Encourage cost efficiency and effectiveness of public services provided by the Town. • ED-2.2: Continue to foster the retention and expansion of Sahuarita’s existing and future employers through timely and transparent development and permitting processes. The amendment proposal encourages a more efficient and transparent process for subdivision assurances. PUBLIC NOTICE and COMMENT: Public notice for the Planning & Zoning Commission meeting was provided in the Green Valley News on November 21, 2021. The proposed changes were also provided to SAHBA and MPA for comment, and was it was advertised on the town website. No public input has been received at the time of this report’s publishing. Comments received by staff will be provided to the Commission at the December 6, 2021, public hearing. REQUIRED ACTION: Conduct a public hearing to determine whether this code amendment is in the best interest of the Town of Sahuarita as well as consistent with the goals, objectives, and policies of the General Plan. A motion is necessary to forward the Commission’s recommendation to the Town Council. Page 3 of 4 SA8-21-00007 December 6, 2021  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov RECOMMENDATION: Staff recommends that the Commission forward a recommendation to the Town Council in favor of adoption of the zoning code text amendment as presented by staff. REASONS FOR RECOMMENDATION: The proposed amendment will streamline the assurance process while still allowing those departments that need to review assurance documents the opportunity to do so. Several General Plan policies support this amendment SUGGESTED MOTION: I move to recommend approval of the zoning code amendment as presented by staff. SUPPORTING DOCUMENTS ATTACHED: 1. Proposed Zoning Code Chapter 18.69.070 with tracked changes Page 4 of 4 SA8-21-00007 December 6, 2021  EXHIBIT A TOWN CODE AMENDMENT Title 18 Zoning Sahuarita Town Code is hereby amended as follows, with deleted language shown by strikeout and added language shown by underlined text: Chapter 18.69 SUBDIVISION STANDARDS Section: 18.69.070 Assurance requirements 18.69.070 Assurance requirements. A. Scope. An agreement, which shall be recorded by the town, for appropriate improvement assurances shall be provided by the developer to assure the installation of all subdivision improvements prior to the recordation of any plat. B. Term. Assurances shall specify the date by which the improvements shall be completed. C. Beneficiary. The town of Sahuarita shall be named as beneficiary of the assurance. D. Exceptions. 1. No assurances shall be required for subdivisions which have had all required improvements completed in accordance with this chapter. 2. The subdivision plat shall have an assurances waiver block indicating that no assurances are required. E. Posting of Assurances. The approved forms of assurances are as follows: 1. Cash or certified check; 2. Surety (performance) bonds executed by a company authorized and licensed to do business in the state of Arizona, ensuring the performance of the principal (developer or owner) as required by this chapter; 3. Certificate of deposit, United States Treasury bills, or any security guaranteed by the United States Government, state of Arizona, or any political subdivision thereof; 4. A deposit of money or negotiable bonds, of the kind approved for securing deposits of public monies, with a responsible escrow agent or trust company authorized and licensed to do business in the state of Arizona; 5. An irrevocable letter of credit in favor of the town of Sahuarita from a third-party financial institution authorized and licensed to do business in the state of Arizona;  6. The placement of the title to the subdivision in trust with a third-party escrow agency or trust company authorized and licensed to do business in the state of Arizona along with an agreement between the trustee and the town of Sahuarita that title to any lot or parcel within the subdivision shall not be transferred until all improvements required by these regulations have been installed, accepted by the town of Sahuarita, and written approval for release has been granted by the town of Sahuarita to the escrow agency or trust company holding the property in trust. The agreement shall contain a condition authorizing the town of Sahuarita to abandon the subdivision and resubdivide the property should the required improvements fail to be installed in compliance with the town of Sahuarita’s standard specifications; 7. A trust account in the name of the town of Sahuarita in a bank or trust company authorized and licensed to do business in the state of Arizona. Periodic withdrawals may be made from the trust account for a progressive payment of installation costs by a trustee selected or approved by the town. The amount of such withdrawals shall be based upon progress work estimates and shall be approved by the town engineer and the trustee. F. Town Council’s Approval. The approval of the town council shall be endorsed in writing on the plat and shall include specific identification of an approval of the assurances required by these regulations. G. Substitute Assurances and Time Extensions. 1. Requests for The town engineer is authorized to execute substitute assurances in a form approved by the town attorney, if the town engineer and planning and building director are satisfied that the substitute assurances protect the town to an extent equal or greater than the original assurances. or assurance agreement time extensions shall be submitted in writing to the planning and building director for review by the planning and building and public works departments. 2. These departments shall provide written recommendations within 10 working days to the planning and building director, who shall forward them to the town manager for a final decision. H. Release of Assurances. 1. Requests to release subdivision assurances shall be submitted in writing to the planning and building director Town of Sahuarita for review by the planning and building and public works departments; 2. The full release of assurances shall be processed once improvements have been completed and accepted by the town engineer and the planning and building director after Town staff have completed a field inspection. These departments shall provide written recommendations within 10 working days to the planning and building director, who shall forward them to the town manager for final decision.