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, MAY 2, 2022, at or after 6:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Chair VACANT 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 DECEMBER 6, 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- May 2 2022 Page 1 of 2  PLANNING & ZONING COMMISSION MEETING AGENDA 6. ELECTION OF CHAIR 7. PUBLIC HEARING: An appeal has been filed of the Planning and Building Director’s decision to deny a Type I Conditional Use Permit for a private school south and west of the El Toro Road and La Canada intersection. The proposal is for Liberty Youth Academy to operate a private school, Kindergarten through 12th grade, with a maximum of 140 students in 7 classrooms and approximately 15 staff members. The school hours will be 8:30 a.m. to 2:30 p.m. and the school year will be from August to May. (Case No. SA6-22-00002) 8. PLANNING & BUILDING DIRECTOR'S REPORT 9. FUTURE AGENDA ITEMS 10. ADJOURNMENT Regular Meeting Agenda- May 2 2022 Page 2 of 2 Planning & Zoning Commission Meeting ACTION Minutes MEETING ACTION MINUTES DECEMBER 6, 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, December 6, 2021. 1. CALL TO ORDER The meeting was called to order at 6:06 PM by Planning and Building Director, Anna Casadei. Ms. Casadei asked for a nomination for a pro tem Commission chair; Commissioner Miramontes made the motion to nominate himself, Commissioner Maghran 2nd the motion. MOTION CARRIED 4:0 RESULT: APPROVED [UNANIMOUS] MOVER: Mickey Miramontes, Commissioner SECONDER: Cathy Maghran, Commissioner AYES: Michael Hernandez, Cathy Maghran, Daniel Millet, Mickey Miramontes 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Absent Chair Tim Trosper Present Vice Chair John D Backer (Arrived at 6:17) Absent 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 APRIL 5, 2021 AND COUNCIL JOINT STUDY SESSION OF NOVEMBER 8, 2021. Accept minutes as presented. Meeting Action Minutes- December 6, 2021 Page 1 of 3  PLANNING & ZONING COMMISSION MEETING MINUTES MOTION CARRIED 4:0 RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Maghran, Commissioner SECONDER: Michael Hernandez, Commissioner AYES: Michael Hernandez, Cathy Maghran, Daniel Millet, Mickey Miramontes 6. PUBLIC HEARING: A proposed Minor General Plan Amendment (Case No. SA7-21-00001) Vince Hustead, Planner, presented the staff report, and it was noted that a letter of support of approval was received from SAHBA. Commissioner Miramontes opened the public hearing. The Commission asked a couple of questions for clarification. No concerns were noted. Commissioner Miramontes closed the public hearing and asked for a motion. Commissioner Hernandez made the motion to recommend approval of case number SA7- 21-00001 as presented by staff. Commissioner Maghran 2nd the motion MOTION CARRIED 5:0 RESULT: APPROVED MOVER: Michael Hernandez, Commissioner SECONDER: Cathy Maghran, Commissioner AYES: John Backer, Michael Hernandez, Cathy Maghran, Daniel Millet, Mickey Miramontes NAYES: 7. PUBLIC HEARING: A proposed Zoning Code Text Amendment to STC 18.69.070 (Case No. SA8-21-00001) Staff member Orlanthia Henderson, Planning and Zoning Manager, gave the staff report. Ms. Henderson noted that a letter of support for the Zoning Code Text Amendment was received from SAHBA. Commissioner Miramontes opened the public hearing. Ms. Henderson noted that the Department of Law had provided input on verbiage within sections G and H of the amendment. The Commission asked for clarification on the definition of Assurances and what the risk factor would be without having the Town Manager signature on the document. Staff responded that the Town Manager signature was just an extra step and that all inspections prior to the release of assurances are made by the Public Works and Planning and Building Staff. No inspections are done by the Town Manager department. In the current process, Meeting Action Minutes- December 6, 2021 Page 2 of 3  PLANNING & ZONING COMMISSION MEETING MINUTES the Town Engineer and Planning and Building Director sign the release prior to routing to the Town Manager. By eliminating the Town Manager signature, the process can be streamlined. Commissioner Miramontes closed the public hearing and asked for a motion. Vice Chair Backer made the motion to recommend approval of the zoning code amendment SA8-21-00001 as presented by staff. Commissioner Maghran 2nd the motion. MOTION CARRIED 5:0 8. PLANNING & BUILDING DIRECTOR'S REPORT No action taken. 9. FUTURE AGENDA ITEMS No action taken. 10. ADJOURNMENT Meeting adjourned at 7:01 PM. Meeting Action Minutes- December 6, 2021 Page 3 of 3  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Case No. SA6-22-00002 Commission Meeting Date: May 2, 2022 Agenda Item No. 7 PREPARED BY: Anna Casadei, AICP, Planning and Building Director SUBJECT: Public Hearing: Appeal of the Planning and Building Director’s decision to deny a Type I Conditional Use Permit for a private school. SIZE: 30 Acres LOCATION: The property is located south and west of the El Toro Road and La Canada intersection. APPLICANT: Braeden Hayes OWNER: Liberty Youth Academy Page 1 of 9 SA6-22-00002 May 2, 2022  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Proposed school site shown in blue with access parcel shown in green El Toro Road La Canada Drive Page 2 of 9 SA6-22-00002 May 2, 2022  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov ZONING AND GENERAL PLAN DESIGNATIONS: EXISTING GENERAL PLAN ZONING DESIGNATION CONDITIONS DESIGNATION SUBJECT PROPERTY Vacant Land Low Density GR-1- Rural Homestead Residential NORTH Residential Low Density GR-1 Rural Residential Residential SOUTH Residential Low Density GR-1 Rural Residential Residential EAST Residential Low Density GR-1 Rural Residential Residential WEST Residential Low Density GR-1 Rural Residential Residential BACKGROUND: This public hearing is an appeal of the Planning and Building Director’s decision to deny a Type I Conditional Use Permit (CUP) for a private school on a GR-1 zoned site. Braeden Hayes, the original applicant for the CUP, has filed the appeal. On February 28, 2022, application was received for a Type I CUP to operate Liberty Youth Academy, a private school, on land south and west of the La Canada/El Toro Road intersection (Attachment 2). The site is made up of 3 ten-acre parcels of land and an access parcel connecting the three main parcels to La Canada. The school owns the two western-most parcels while Mr. Hayes owns the eastern parcel and access parcel. The proposal for the school calls for a maximum of 140 students in 7 classrooms and approximately 15 staff members. The school hours would be from 8:30 a.m. to 2:30 p.m., and the school year would run from August to May. The school would consist of three modular buildings, a baseball field, and a basketball court. Access to the school would be from La Canada via an approximately 20’-wide access parcel located immediately south of the railroad tracks. A Type I CUP requires public notice and a decision by the Planning and Building Director within 30 days of application. Following a 15-day public notice period and review of the application, the Page 3 of 9 SA6-22-00002 May 2, 2022  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Type I CUP was denied by the Planning and Building Director on March 23, 2022 (Attachment 4). It was determined that the application did not meet all of the findings as established by the Town Code. The Director determined that the application did not provide evidence that the proposed school would not adversely impact adjacent properties. The application also did not demonstrate how the school would provide for adequate and efficient vehicular and pedestrian access. The applicant filed an appeal on April 7, 2022 (Attachment 1). Town Code states that the procedure for appeal of a Type I CUP is the same procedure used for a Type II CUP decision and includes a public hearing before the Planning and Zoning Commission. PROCEDURAL INFORMATION: Zoning Code Section 18.97.030 provides the procedures and requirements for a Type I Conditional Use, including the process for appealing a Type I Conditional Use Permit decision. The zoning code also establishes seven findings that the Conditional Use request must meet. The burden is on the applicant to demonstrate how the proposed use will meet the findings. ANALYSIS: As stated in the March 23, 2022, denial letter to the applicant (Attachment 4) it was determined that the application did not meet all the findings necessary to grant approval of a Conditional Use. The seven required findings per STC 18.97.030.F are listed below along with the Director’s analysis in italics for each: a. The conditional use complies with the objectives of the general plan or the area plan in which the property is situated; Finding met. The site is located in an area designated Low Density Residential in the General Plan. A school may be an appropriate use in a residentially-designated area. b. The conditional use conforms to the zoning regulations applicable for that use and the zone in which it is located; Finding met. The private school is a conditional use in the GR-1 zone. If the CUP were to be granted, the school would be required to follow the typical development review process, during which all zoning requirements would be checked for compliance. While public and charter schools are exempt from local zoning regulations per state statute, private schools are not exempt. Page 4 of 9 SA6-22-00002 May 2, 2022  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov c. The conditional use does not adversely impact adjacent property or the surrounding neighborhood or area, or that such impacts can be substantially mitigated through the use of additional conditions; Finding not met. The traffic impacts associated with a school are greater than the impacts that would be associated with residential use on these parcels. Because the site does not have direct frontage on a main road, all of the traffic will be brought along the north side of the existing residential development – the same access currently used by five of the homes. Per the Institute of Traffic Engineers Trip Generation, 11th Edition, average daily trips for a private K-12 school is 2.48 per student. With a maximum of 140 students, 348 trips per day can be expected to be generated through this access parcel. There is not a condition of approval that would mitigate the adverse impacts of this amount of traffic on the five homes that share the access parcel. Please note that zoning runs with the land. This means that if a private school is approved for this property, should the specific applicant ever choose to vacate the property, any other private school would be allowed. While the application states that most of Liberty Youth Academy’s families have multiple children and carpool, this is not the case with all private schools. Public opposition to the project from was received (see Attachments 3 and 6), much of which was based on traffic and noise impacts from the school. d. The conditional use provides for adequate and efficient vehicular and pedestrian access, circulation and parking; Finding not met. Access to the proposed school will be via a driveway on the approximately 20’-wide access parcel to La Canada. Minimum driveway width for fire access is 20’ clear. In addition to this 20’ clear width, STC 18.75.040.8(c) requires that “Pedestrian walkways shall be provided from all street sidewalks to the principal customer entrance(s) of the nearest building(s) on a site.” This requirement is placed on all developments that must follow the town’s parking standards, including this proposed private school. The access parcel is not sufficiently wide to provide the minimum clear width for vehicular and pedestrian access. Page 5 of 9 SA6-22-00002 May 2, 2022  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Public opposition included safety concerns related to the narrow access parcel’s inability to accommodate vehicles, pedestrians, and bicycles (see Attachments 3 and 6). e. The conditional use can be adequately and efficiently served by public and utility facilities and services; Finding met. The site can be served by utilities and by a septic system. f. The conditional use will meet standards in terms of control of noise, smoke, glare or heat, odors, vibrations, fly ash, dust, fumes, vapors, gases and other forms of air pollution, liquids and solid wastes; and Finding met or can be met through conditions. Of the impacts listed in this finding, a school may cause noise or glare. Conditions of approval can mitigate these potential impacts. g. Hours of operation will not be detrimental to adjoining residents. Finding met. No adverse impacts are anticipated from the proposed school hours. PUBLIC NOTICE and COMMENT: Conditional Use Permit: The site was posted with an 18”x24” sign, and mailed notice was provided to property owners within 600’ of the subject properties. Town Code requires a 300’ notice radius and allows the Planning and Building Director discretion to increase the notice area to 600’ “when doing so would better serve the public interest based on the compatibility and intensity of the proposed use.” Because a school can have a large impact on a neighborhood, the larger 600’ notification radius was used. During the initial public notice period for the Type I CUP, staff received questions and negative input from several property owners within the notice area (Attachment 3). Attachment 6 shows red dots on the properties from which negative input was received. Note that one of the respondents (shown as #5 on the map) who was initially counted as opposed changed his position after the appeal to being in support of the project. Property owners who sent letters with only questions (no clear opposition) are not shown on the map attachment. In evaluating public input, the Director takes into consideration: the address of the respondent to make a determination as to how impacted the individual property will be by the proposed use; the specific reasons for concern or support and whether conditions of approval could mitigate Page 6 of 9 SA6-22-00002 May 2, 2022  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov concerns; and the number of responses received in support or opposition. Property owners who do not respond are considered unopposed. Letters or phone calls received that include only questions and are not clearly opposed or supportive are not counted toward the total. It is important to note that while public input is an important part of the process, it is not the only factor that the Director considers in making a decision on a Type I CUP. As described above, the Director must analyze the proposal against the seven findings and may use information other than public input in doing so. In this case, trip generation numbers were an important consideration along with the narrowness of the access parcel and professional knowledge of the traffic and noise impacts that schools can have. Appeal Public notice for the Planning & Zoning Commission appeal hearing was provided in the Green Valley News on April 17, 2022. The site was posted with a yellow 18” x 24” sign on April 14, 2022. Mailed notice was provided to all property owners within 600 feet of the proposed school site. No public input has been sent directly to staff at the time of this report’s publishing. Comments that are received by staff will be provided to the Commission at the May 2, 2022, public hearing. Since the filing of the appeal, the applicant has circulated a form for nearby neighbors to express their support or change their position on the project. The applicant has obtained thirteen signatures from supportive neighbors (Attachment 5). One of the thirteen supporters had initially expressed concern and has since changed his position (shown as #5 on the map). Another of the thirteen could not be verified as the owner of the property listed on the form. The map in Attachment 6 shows the feedback initially received by staff prior to the denial as well as the supportive feedback obtained by the applicant after the denial. REQUIRED ACTION: The Commission shall hold a public hearing to determine whether to uphold or reverse the denial of the Type I Conditional Use Permit. RECOMMENDATION: Commission’s pleasure MOTIONS: Two motions are provided below. Either decision may be appealed by the applicant or by an affected property owner. A 30-day appeal period will apply. Page 7 of 9 SA6-22-00002 May 2, 2022  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov • Motion 1 would have the effect of denying the CUP. The private school would not be allowed at this location unless an appeal is filed and is successful in reversing the Commission’s decision to uphold the denial decision and approve the CUP. • Motion 2 would have the effect of approving the CUP, and would apply conditions to mitigate potential adverse impacts on surrounding properties. With this action, the school would be allowed at this location, subject to the conditions listed in the motion, unless an appeal is filed and is successful in reversing the Commission’s approval decision. Suggested conditions of approval are listed in Motion 2 below. The Commission may add, remove, or change the conditions of approval. With the approval of the CUP, the school will be allowed to move forward with the development review process: O The school will follow the normal development review process for non-residential uses, including but not limited to Development Plan, Landscape Plan, Drainage Study, Traffic Study, Improvement Plans, and building permits (which are limited in scope because the proposed buildings are modular). O All applicable code requirements will need to be met, including but not limited to paved parking lot and driveway, landscaping, and outdoor lighting code restrictions. The site access drive will be required to meet minimum standards for zoning, engineering, and fire unless a waiver is approved through the appropriate process as described by the applicable code. For example, a variance process through the Board of Adjustment may be required to eliminate the required walkway from La Canada to the school building because of the width of the access parcel. MOTION 1 – DENY CUP I move to uphold the Planning and Building Director’s decision to deny the Type I Conditional Use Permit for a private school. MOTION 2 –APPROVE CUP WITH CONDITIONS I move to reverse the Planning and Building Director’s decision to deny the type I Conditional Use Permit for a private school, thereby approving the Conditional Use Permit, with the following conditions: 1. The applicant must notify all property owners who currently access their properties from the access parcel of any change to the status of their access. 2. Outdoor amplification of sound shall not be permitted. 3. Outdoor playing field/court lighting shall not be permitted. Page 8 of 9 SA6-22-00002 May 2, 2022  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov 4. Minimum setback for structures, parking, play areas, and other ancillary uses shall be 100’ from any property line. 5. Enrollment shall be limited to 140 students. SUPPORTING DOCUMENTS ATTACHED: Digital attachments include: 1. Appeal Letter 2. Type I CUP Application 3. Public Feedback – Initial CUP application 4. Decision Letter 5. Public Feedback – Appeal 6. Public Feedback Map Page 9 of 9 SA6-22-00002 May 2, 2022 Attachment 1  Attachment 2 N/A N/A N/A PROECT SUPPORT & RESPONSE PROJECT DATA Building Area: 5,927 sf (Administration, Classroom & Restroom structures) Building height: Maximum Height of any Structure 12" Classrms & Operation: For the 2022-23 school year we anticipate 80-90 students in 5 classes. Our plan is to accommodate a future growth of up to 140 students in 7 small classes. For staff, next year we anticipate 9-10 staff with a maximum staff of 15 once we have 140 students. School hours are Monday - Thursday, 8am - 2:30pm following a typical school calendar beginning early August and ending middle to end of May. Parking Spaces: 18 Landscape & Screen: 40' perimeter natural Hydrology: Minimum site coverage in order to keep runoff water @ a min. small retention/detention basin will be provided Water Service: Existing well on site. Water tanks for storage PROJECT RESPONSE A. The private school is located in a rural residential area and is a light commercial use. B. GR-1 Zone allows Private Schools as a conditional use. C. The site of the project is of a small scale and the structures low height will fit into the character of the area. The 40' natural landscape buffer yard along the site perimeter will provide additional privacy. D. The project will not substantially increase vehicular traffic. Most students are carpooled to the project site no buses will be used to drop of students. If the site was to be plated for use as individual residences there would be an equal or more traffic then the proposed project. Because the entry to the site and the main supply street is been already improved traffic impact should be minimum. From: Braeden Hayes To: Dylan Parry Cc: JFarch Subject: [EXTERNAL] Re: [EXTERNAL] CUP-Liberty Academy Date: Monday, February 28, 2022 10:00:30 AM Attachments: image001.png ***CAUTION: This email arrived from outside the Town of Sahuarita*** Dylan, For the 2022-23 school year we anticipate 80-90 students in 5 classes. Our proposed project will accommodate some growth and up to 140 students in 7 small classes. For staff, next year we anticipate 9-10 staff with a maximum staff of 14-15 once we have 140 students. School hours are Monday - Thursday, 8am - 2:30pm following a typical school calendar beginning early August and ending middle to end of May. Let me know if I missed anything. Braeden Hayes Mobile: (520) 604-8024 "And all thy children shall be taught of the Lord, and great shall be the peace of thy children." Isaiah 54:13 On Mon, Feb 28, 2022 at 8:41 AM Dylan Parry <dparry@sahuaritaaz.gov> wrote: John, I need some additional information to be provided in the write up. I need information on the number of students. I know during the DRC Meeting it was mentioned that there would be approximately 80 students. Is that still the case? How many classrooms are being proposed? The number of staff anticipated? School hours, etc I also need this information for the notice that is being mailed out. Thanks, Dylan From: JFarch <jfarch@yahoo.com> Sent: Thursday, February 17, 2022 12:15 PM To: Dylan Parry <dparry@sahuaritaaz.gov> Subject: [EXTERNAL] CUP-Liberty Academy ***CAUTION: This email arrived from outside the Town of Sahuarita*** Per our phone conversation, attached are the Prelim. Dev. and Documents for the Conditional Use Permit (CUP) for review and/or submittal If you have any comments please let me know....thx John JF,Arch 520-886-2992 ofc 609-4700 cell  PROJECT SITE FENECK GROUP, INC. ARCHITECTURE-PLANNING P.O. Box 550 Vail, Arizona 85641 (520) 886-2992 DESIGN/BUILD-CONSTRUCTION MGMT. - CONSULTING  DISABLED RESERVED VAN PLATE OR PERMIT ACCESSIBLE ONLY PARKING FENECK GROUP, INC. ARCHITECTURE-PLANNING P.O. Box 550 Vail, Arizona 85641 (520) 886-2992 DESIGN/BUILD-CONSTRUCTION MGMT. - CONSULTING FENECK GROUP, INC. ARCHITECTURE-PLANNING P.O. Box 550 Vail, Arizona 85641 (520) 886-2992 DESIGN/BUILD-CONSTRUCTION MGMT. - CONSULTING  Letter 1 Attachment 3 From: copperdic@aol.com To: Dylan Parry Subject: [EXTERNAL] liberty youth academy Date: Saturday, March 19, 2022 9:57:30 AM My concern about this permit is, it's a terrible idea. Frist just the railroad tracks, then the traffic that it will cause by the tracks and Lacanada also this whole area should be involved not just a few property owners. Then I would like to know who owns this property and do they have anything to do with the city or planning department? I have another concern, this should come up in front of the city council. Thank You, Richard Struve 520 625-6988 Letter 2  Letter 3 Date: March 9, 2022 To: Mr. Dylan Parry, AICP Subject: Conditional Use Permit for Youth Academy, Parcels 303-41-031F,303-41-031G,303- 41-031H Mr. Dylan It was a pleasure meeting with you the other day. I’m writing in response to subject matter application for type Conditional Use Permit for a private School. I have serious concerns with regards to the safety for its proposed 120 children at this school application, further considering the administration staff, janitorial and maintenance people as well this occupation could go as high as 200. 1. Entrance to this property is achieved along a dirt right of way that is 20 feet wide. To make access to this road from the north, one must cross railroad tracks and then make a sharp right turn. To make access to this right of way from the south there is no legal left turn lane. (Hence making a left turn can is most cases cause serious traffic delays.) 2. This right of way cannot support two way traffic since vehicle width is typically 13 ft. wide. No way can two cars one coming and one going pass. 3. Potential Hazards. The Rail company transports hazardous chemicals 2 times daily on the train tracks that parallel this right of way. ( Note: Train Tracks are only 10 feet away from this Right of way). 4. In the event of an emergency, this proposed school has only one entrance/exit. God forbid the train transporting hazardous chemical has a spill or derailment. The children would not be able to safely escape via the right of way. Further the right of way cannot support emergency vehicles while children are trying to escape this possible hazard. 5. Well water: I notice in the plot plan that a well with storage tanks are indicated. Of course I’m sure you aware that all ground water in the area are contaminated with arsenic. I don’t see4 any water treatment mentioned. 6. This subject matter for use has no septic or power to it. 7. Any attempt to use the right of way as a transit for water or power will be strongly negated by the current right of way users. 8. Note: should this permit for school use continue in such a way as to approve, I can assure you that a class action suit for an injunction will be forth coming and we will let the courts decide on the safety issue of this complaint. Best Regards James Fitzgibbons 16900 s la Canada  Letter 4 March 15, 2022 Anna Casadei Planning & Zoning The Town of Sahuarita Sahuarita, AZ 85629 RE: Conditional Use Permit for Private School (SA6-22-00002) Dear Ms. Casadei, I am writing in strong opposition for the approval of a conditional use permit for the proposed Private school to be located on the parcels 303-41-031F, 303-41-031G & 303-41-031H. Parcel 303-41-017A appears to be the 20 ft. wide easement to the above parcels which is also too narrow to support (2) traffic lanes, pedestrian walkways and bike lane travel. In addition to the above easement access the Railroad also has an overlay easement of 25 ft. from center of the tracks on each side. The South side (proposed area) measured at the west end of the Town’s La Canada right of way and the start of the proposed private property entry is only 24 ft. wide which is measured to the actual rail of the railroad track. This condition immediately should void any request to continue discussions for a conditional use permit. In addition to the above concerns I know my neighbor Brian De Breceny has also submitted many written points of major concern which we fully agree with. Along with neighbors there are concerns for big traffic issues that would be caused by vehicles trying to enter or exit an area with this many vehicles and or pedestrians within 4’ ft. of a railroad track. Please note other items of concern: The informational attention board is most often seen face down on the ground which does not allow time for neighbors or Town residents that travel La Canada to voice their concerns. The proposed school would be directly south behind my property (as a resident of 22 years) which concerns me of noise pollution and great loss in property value. Access management Guide Lines for The Town of Sahuarita will need to reviewed as well as Average Daily Traffic (ADT) or Traffic Memorandum (TM) for this type of project that generate this many trips during the AM and PM peak hours. Adot Traffic Safety for School Guide Lines (Public or Private) will outline the unsafe conditions. The concrete approach entering off La Canada is offset to the south which does not meet the narrow easement alignment correctly through the right of way area. There are two power poles (One pole end of the right of way – one pole south edge of easement) which is a concern for vehicle travel in a 20 ft. easement. Your response is appreciated, John Gallagher 16908 S La Canada Dr  Not Mapped From: DOYLE FLECK To: Dylan Parry Subject: [EXTERNAL] Type I Conditional Use Permit for Liberty Youth Academy Date: Wednesday, March 9, 2022 10:45:45 AM ***CAUTION: This email arrived from outside the Town of Sahuarita*** We received your notice and proposed map for the private school west of La Canada near the El Toro Road intersection. Our home is located at 1700 West Twin Buttes Road. Our main concern regarding approval of this application would be wanting to ensure that traffic is directed to El Toro/La Canada and that no access be established, now or in the foreseeable future, from the southwest boundary of the school property south and parallel to those railroad tracks on the west, to connect with Twin Buttes Road. Our second concern would be the amount of traffic this new school will generate at the intersection of El Toro Road and La Canada; would a traffic signal be installed at that location? We witness how traffic gets backed up at the Great Expectations School that is on LaCanada south of Twin Buttes. Doyle & Jerrilee Fleck 1700 West Twin Buttes Road Sahuarita, AZ 85629 (520) 331-6777 Attachment 4 Attachment 5  Attachment 6 Legend Liberty Youth Academy Feedback Parcels Supports Supports/ Not property owner Opposed Number designation correlates to number on letters. Number 5 was a phone call. Green -support Red - opposed Yellow - support/not homeowner 800.0 0 400.00 This map is static output from an internet mapping site and no warranty is expressed or implied as to the accuracy, reliability, currency or completeness of the data, and is for reference only Feet 4/20/2022