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. STUDY SESSION MEETING MONDAY, April 3, 2023, at or after 6:00 PM 1. CALL TO ORDER 2. ROLL CALL Chair John D Backer Vice Chair Mickey Miramontes Commissioner Michael Hernandez Commissioner Cathy Maghran Commissioner Raymond Maynard Commissioner Daniel Millet Commissioner -Vacant 3. JOINT STUDY SESSION WITH SAHUARITA TOWN COUNCIL TO PROVIDE AN OVERVIEW OF THE CONDITIONAL USE PERMIT APPLICATION SUBMITTED BY THE VULCAN MATERIAL COMPANY AND CONDITIONAL USE PERMIT (CUP) PROCESS TRAINING. (CASE NO. SA6-23-00001). 4. JOINT STUDY SESSION OF THE TOWN COUNCIL AND PLANNING AND ZONING COMMISSION TO PROVIDE ARIZONA OPEN MEETING LAW TRAINING. 5. ADJOURNMENT Study Session April 3, 2023 Page 1 of 1  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Special Meeting - Study Session Commission Meeting Date: April 3, 2023 Agenda Item No. 3 PREPARED BY: Dylan Parry, AICP, Senior Planner REVIEWED BY: Anna Casadei, AICP, Planning and Building Director RECOMMENDATION: No recommendation. Study Session SUBJECT: Conditional Use Permit (CUP) Process Training and Overview of The Vulcan Material Company Application LOCATION: Town wide APPLICANT: Town of Sahuarita See attached Council Report for more information on the request. ATTACHMENTS: 1. Town Council Agenda 2. Town Council Staff Report 3. Town Council Power Point Presentation April 3, 2023 Page 1 of 1 Town Council Meeting Agenda Pursuant to A.R.S. § 38-431.02 notice is hereby given to the public that the Sahuarita Town Council will hold a meeting at the date and time specified below at the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ. Members of the Town of Sahuarita Council will attend either in person or by telephone conference call. 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 working days prior to the meeting to arrange the accommodation. Persons attending the meeting shall observe rules of propriety, decorum, and good conduct. Unauthorized comments from the audience, signs, and disruptive behavior will not be allowed in the Sahuarita Council Chambers. Violations may result in being banned from this and future meetings. Please turn off or silence all electronic devices during the meeting. April 3, 2023 SPECIAL & STUDY SESSION MEETING AT OR AFTER 6:00 P.M. 1. Call to Order 2. Invocation The Invocation will be given by Leah Rhodes, Deputy Town Clerk. 3. Pledge of Allegiance The Pledge of Allegiance will be led by the Mayor, Council and audience in attendance. 4. Roll Call PLANNING AND ZONING COMMISSION JOINT STUDY SESSION 5. A joint study session of the Town Council and Planning and Zoning Commission to provide an overview of the Conditional Use Permit application submitted by the Vulcan Materials Company and Conditional Use Permit (CUP) process training. 6. A joint study session of the Town Council and Planning and Zoning Commission to provide Arizona Open Meeting Law training. 7. Adjournment Action may be taken by the Town Council on any item listed on this agenda. The Town Council may vote to go into executive session pursuant to A.R.S. § 38-431.03 (A) (3) for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Special & Study Session Meeting Agenda- April 3, 2023 Page 1 of 2  TOWN COUNCIL MEETING AGENDA Notice to parents: Meetings of the Mayor and Council are audio and video recorded. If you permit your child to participate in the Council Meeting, a recording will be made. You may exercise your right not to consent by not permitting your child to participate. You and your child may also leave the Council Meeting at any time. Special & Study Session Meeting Agenda- April 3, 2023 Page 2 of 2 Town Council Staff Report TO: Honorable Mayor and Council FROM: Anna Casadei, Planning and Building Director Jon Paladini, Town Attorney MEETING DATE: April 3, 2023 SUBJECT: A joint study session of the Town Council and Planning and Zoning Commission to provide an overview of the Conditional Use Permit application submitted by the Vulcan Materials Company and Conditional Use Permit (CUP) process training. SUGGESTED MOTION None - presentation. EXECUTIVE SUMMARY Anna Casadei, Planning and Building Department Director and Jon Paladini, Town Attorney, will provide training on the Conditional Use permitting process and basic information about a CUP application currently under review for Vulcan Materials. STRATEGIC PLAN ☐ Economic Expansion & Placemaking ☐ Outreach & Communication ☐ Infrastructure ☐ Highly Performing Organization ☐ Community Well-being ☐ Other GOALS/OTHER: FINANCIAL / BUDGET SUMMARY DISCUSSION The purpose of this study session is to provide the Council and Commission with information on the Conditional Use Permit (CUP) process and to provide basic information on a CUP application currently under review for a hot mix asphalt plant at the existing Vulcan sand and gravel operation on Old Nogales Highway north of the Quail Creek community. The purpose is not to provide analysis or recommendations or to make decisions; the application is still under review, and analysis is ongoing. A CUP provides zoning flexibility but requires site-specific review processes due to potentially adverse impacts. Seven findings must be met to approve a CUP. These are summarized as follows:  Town Council Agenda Communication 1. Compliance with General Plan objectives 2. Conformance to zoning regulations 3. No adverse impacts on the surrounding area OR such impacts can be substantially mitigated through additional conditions 4. Adequate vehicular circulation and parking 5. Adequately served by public and utility facilities and services 6. Meet standards regarding noise, smoke, odors, fumes, vapors, pollution, etc. 7. Hours of operation not detrimental to adjoining residents There are three types of CUPS. Type 1 CUP: Planning Director’s decision Type 2 CUP: Planning and Zoning Commission public hearing and decision Type 3 CUP: Planning and Zoning Commission public hearing and recommendation. Town Council public hearing and decision. The Vulcan asphalt plant application requires a Type 3 CUP process. The site has a Resource Industrial designation in the General Plan and is zoned RH (Rural Homestead). A sand and gravel operation, including asphalt plants, is listed as a Type 3 CUP in the RH zone. The next steps in the process for Vulcan's CUP are for staff to complete the analysis and hold public hearings. Then, if approved, a full development review process will be required. STAFF RECOMMENDATION None - presentation. ATTACHMENTS 1. PowerPoint Presentation Study Session: Conditional Use Permits and the Vulcan Asphalt Application April 3, 2023 Purpose of Today’s Meeting • Inform the Council and Commission about the Conditional Use Permit (CUP) process • Provide background information on the Vulcan property • Provide basic information on Vulcan’s CUP application Purpose is NOT to provide analysis, recommendations, or decisions • The application is under review; analysis is ongoing Area Timeline • Entire area likely zoned RH for many decades • Considered a “holding zone” – property owners rezone FROM Rural Homestead • Quail Creek rezoned RH to SP in 1989 through Pima County • Mining on Vulcan land clearly in operation in 1996 based on aerial imagery with site disturbance back to 1985 • Area annexed into Sahuarita in 2000 • Quail Creek doubled its footprint in 2000, moving closer to Vulcan site • Vulcan acquired the site from the previous owner in 2015 Vulcan’s Application • Vulcan Materials owns the site • Vulcan applied to the town to add the Hot Mix Asphalt (HMA) use to their existing sand and gravel operation • Town is REQUIRED to review and analyze the application, hold public hearings, and make a decision  TOWN OF SAHUARITA CONDITIONAL USE PERMITS Rezoning is legislative Wide discretion given to Town on rezoning A conditional use is a use that is specifically provided for in the zoning ordinance subject to approval of the planning commission or town council. A conditional use permit allows property to be put to a use which the ordinance expressly permits. CUPs are administrative Conditions must relate to development Ask yourself what conditions are necessary to mitigate land use impacts? CONDITIONAL USE PERMITS Sahuarita Zoning Code Section 18.97.010 Purpose. Conditional uses provide zoning flexibility, but, due to their potentially adverse impacts, require the site-specific review processes established in this chapter. Sahuarita Zoning Code Section 18.97.020 Definitions. B. “Conditional use” means a use which, due to its greater potential for nuisance or hazard than other uses of the zone, has its establishment in a zone conditional upon the procedures and standards of this chapter. Sahuarita Zoning Code Section 18.97.030 Procedures and requirements. CONDITIONAL USE applicant 3. Findings. The PERMITS must demonstrate that all of the following findings are met: a. The conditional use complies with the objectives of the general plan or the area plan in which the property is situated; b. The conditional use conforms to the zoning regulations applicable for that use and the zone in which it is located; 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; Sahuarita Zoning Code Section 18.97.030 Procedures and requirements. 3. Findings. The applicant must demonstrate that all of the following findings are CONDITIONAL USE PERMITS met: d. The conditional use provides for adequate and efficient vehicular and pedestrian access, circulation and parking; e. The conditional use can be adequately and efficiently served by public and utility facilities and services; 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 g. Hours of operation will not be detrimental to adjoining residents. CONDITIONAL USE PERMITS CUPs are administrative Conditions must relate to development Ask yourself what conditions are necessary to mitigate land use impacts? Must approve if conditions can be imposed that substantially mitigate impacts Governmental Authority and Jurisdiction • Water/Wells • Land Use • Arizona Department of Water Quality • Town of Sahuarita CUP • Union Pacific crossing • Arizona Corporation Commission • Subdivision Public Report • Arizona Department of Real Estate • Employee Safety • ADOSH/OSHA • Air Quality • Pima DEQ and ADEQ Conditional Use Permit Process – 3 Types Process varies depending on intensity of use – code specifies which process applies • Type 1 CUP: • Planning Director decision with public notice • Type 2 CUP: • Planning and Zoning Commission public hearing, decision • Type 3 CUP: • Planning and Zoning Commission public hearing, recommendation • Town Council public hearing, decision Conditional Use Permit Process – Type 3 • Application – property owner applies to Town for CUP • Staff analysis – staff reviews application against standards established by Town Code and makes a recommendation to Commission • Planning and Zoning Commission public hearing – Public has an opportunity to comment, Commission makes a recommendation to the Council • Town Council public hearing – Public has an opportunity to comment, Council makes a decision What goes into the analysis? • Seven CUP Findings • Compliance with General Plan policies • Conformance to zoning regulations • Adverse impacts – if any, are they substantially mitigated? • Vehicular access and circulation • Served by utilities and services • Meet standards for noise, smoke, glare, odors, pollution, etc. • Hours of operation • Preliminary Development Plan / Site Plan • Third party consultant will be used to analyze impacts and mitigation strategies General Plan General Plan land use map conformance not required with CUP (required for rezoning) Vulcan site is designated Resource Industrial. State law protects "aggregate" uses. Compliance with General Plan policies will be analyzed during application review  Zoning Vulcan site zoned RH (Rural Homestead) • RH allows a variety of uses including residential, agricultural, and industrial • More intense uses require CUP process • Examples: animal racetrack, commercial feedlot, tavern, fairgrounds Next Steps • Complete analysis by staff and consultants • Hold public hearings • If approved, Development Review process required • Development Plan • Traffic Study • Drainage Study • Etc. How to Get Involved • Send comments to MayorAndCouncil@sahuaritaaz.gov • If you have already sent comments or signed a petition, it is not necessary to send comments again before the public hearings • Any comments or petitions received throughout the process are provided to the Commission and Council prior to the hearings • Anyone who sent in comments has been added to the contact list – courtesy notification of meetings How to Get Involved (cont.) • Project information is online at https://sahuaritaaz.gov/799/Planning-Projects (Click on “Other”) • Meeting dates will be announced • Attend public meetings • April 3 Council/Commission Study Session – very similar content to today's meeting – no recommendations or decisions • TENTATIVE Planning and Zoning Commission hearing date: May 23 at SUSD auditorium, 350 W. Sahuarita Rd. • Public notice will be provided as required – mailed (1200’ radius), newspaper, and posted on site. Courtesy email notice to contact list. Questions/Discussion  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Special Meeting - Study Session Commission Meeting Date: April 3, 2023 Agenda Item No. 4 PREPARED BY: Anna Casadei, , AICP, Planner and Building Director REVIEWED BY: Anna Casadei, AICP, Planning and Building Director RECOMMENDATION: No recommendation. Study Session SUBJECT: Open Meeting Law Training LOCATION: Town wide APPLICANT: Town of Sahuarita See attached Council Report for more information on the request. ATTACHMENTS: 1. Town Council Open Meeting Law Training Staff Report 2. Town Council Power Point Presentation April 3, 2023 Page 1 of 1 Town Council Staff Report TO: Honorable Mayor and Council FROM: Jon Paladini, Town Attorney MEETING DATE: April 3, 2023 SUBJECT: A joint study session of the Town Council and Planning and Zoning Commission to provide Arizona Open Meeting Law training. SUGGESTED MOTION None - presentation. EXECUTIVE SUMMARY Jon Paladini, Town Attorney, will provide training on the Arizona Open Meeting law. STRATEGIC PLAN ☐ Economic Expansion & Placemaking ☐ Outreach & Communication ☐ Infrastructure  Highly Performing Organization ☐ Community Well-being ☐ Other GOALS/OTHER: FINANCIAL / BUDGET SUMMARY DISCUSSION STAFF RECOMMENDATION None - presentation.  TOWN OF SAHUARITA: PRESENTER: JON PALADINI OPEN MEETING TOWN ATTORNEY LAW TRAINING Item No. 6  Ø Intent: Openness in Government TOWN OF Ø “Sunshine Laws” SAHUARITA: OPEN Ø Arizona’s public policy: MEETINGS Official deliberations & proceedings conducted openly LAW Maximize public access & participation Any uncertainty resolved in favor of openness  Ø A.R.S. § 38-431(4) Ø “Meeting” is a gathering, in person or through technological devices WHAT IS A MEETING? Ø Of a quorum of a public body: Ø Discuss Ø Propose Ø Deliberate Ø Take legal action  • WHAT IF YOU DON’T QUORUM HAVE A QUORUM? MAJORITY OF THE Ø You don’t have a “meeting” BOARD Ø Discussions should be rescheduled  MEETINGS MUST COMPLY WITH NOTICE, AGENDA, AND MINUTE REQUIREMENTS: NOTICE Ø Notice must inform when and where the Public Body will meet AND Ø Agendas must contain adequate information to inform AGENDA the public of the matters to be discussed or decided A.R.S. § 38- Ø May not use topics such as “Old Business” or “New Business” Ø Sahuarita combines Notice and Agenda 431.02 Ø Minimum 24-hour public notice is required  Ø Can recess and resume a properly noticed meeting to a later date by making an announcement at the NOTICE: meeting and describing what agenda items will be covered EXCEPTIONS Ø Actual emergencies  Ø “Public Bodies” – A.R.S. § 38-431(6) Ø Any entity, however designated, officially established on motion or order of a public body OR presiding officer of a public body WHO MUST Ø Whose members are appointed for specific purpose of COMPLY? making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by the public body Ø Standing Committee Ø Special Committee Ø Advisory Committee Ø Subcommittee  Ø Meet and take legal action in properly WHAT noticed and agendized meetings. MUST A EXCEPTION: May meet in authorized executive PUBLIC session BODY DO?  Ø Executive Sessions require prior consent of Town Attorney Ø Eight legal reasons for convening into EXECUTIVE Executive Session. Most common are: Ø Personnel Matters SESSIONS Ø Discussion of Confidential Information A.R.S. § 38- Ø Legal Advice from the Town’s 431.03 attorneys Ø Discussion of settlement, contract or property negotiations  ØMembers of public body WHO MAY ØPersons subject to a personnel ATTEND discussion EXECUTIVE SESSIONS ØAuditor general ØIndividuals whose presence A.R.S. § 38- is reasonably necessary in 431.03 order for the public body to carry out its executive session responsibilities  Ø What happens in executive session stays in executive session!! Ø Failure to advise persons about the EXECUTIVE confidentiality requirement A.R.S. § 38- SESSION 431.03(C) – Mandatory PITFALLS Ø Taking legal action.All votes must take place in public!  Ø “Legal advice” encompasses advice given to the public body regarding the legal ramifications of the facts and information given to him and the legality WHAT of the proposed action CONSTITUTES LEGAL ADVICE? Ø City of Prescott v.Town of Chino Valley, 166 Ariz. 480, 485, 803 P. 2d 891, 896 (1990)  Ø Don’t poll other members on commission business HOW TO Ø Limit your discussions with other members to public meetings AVOID PITFALLS OF Ø Don’t send e-mails to each other OPEN MEETING Ø Distribute information to the council through your staff liaison LAW Ø Disband meetings when a quorum is not in attendance  Ø Polling individual commission members to reach a decision prior to a meeting PROHIBITED ACTS/VIOLATIONS Ø Discussion/deliberation between less than a quorum for the purpose of circumventing the Open Meeting Law  Cannot use any device to circumvent the law “Splintering the quorum”: Ø Serial communications (verbal, written, electronic, etc.) Ø Polling CIRCUMVENTION Ø “Hub and Spokes” of a wheel analogy Ø “Daisy Chaining”  Ø Discussing Ø Deliberating Ø Taking Legal Action PROHIBITED 2-WAY COMMUNICATIONS Ø Back and forth among a quorum Ø On a matter that could foreseeably come before the board (board business)  Ø Proposing legal action Ø “Propose” means “to put forward for consideration, discussion, or adoption” PROHIBITED 1-WAY COMMUNICATION Ø It only takes 1 person to propose legal action Ø CANNOT propose legal actions outside of a noticed meeting  “Councilperson Smith was admitted to the hospital last night” ü Does NOT propose legal action “PROPOSE” “We should install a crosswalk at First and Main” EXAMPLES üDoes propose legal action ü It’s more than a topic for the agenda because it urges or suggests an outcome  “Here’s the recipe for the lemon bars I brought to the last meeting” PROPOSING LEGAL ACTION “I hope I can count on all of you to vote in favor of agenda item 5”  “Here’s an article on a program the State of Oregon has put in place” PROPOSING LEGAL ACTION “We need to adopt a program like the one discussed in the attached article”  Does this propose legal action or only an agenda item? PROPOSING “I think we should consider firing the LEGAL Town Manager at our next meeting” ACTION: MORE “I would like to discuss the Town Manager’s performance at our next EXAMPLES meeting” When in doubt…….?  Ø There is no distinction between discussing facts vs. discussing opinions among a quorum Ø Deliberation = “collective acquisition and exchange of facts preliminary to a final decision” FACTS VS. OPINIONS? Ø Therefore, a 2-way discussion of facts (among quorum) regarding potential board business  Verbal serial communications – going from one person to the next, sharing communications among a quorum would violate OML SERIAL COMMUNICATIONS: MAY VIOLATE OML Arizona Agency Handbook § 7.5.2  Ø Letters – Series of letters from one member to the next would violate OML Ø E-mail – Occurring at different times will still constitute a “meeting” in violation of the OML NON-VERBAL SERIAL COMMUNICATIONS Simultaneity is not required for there to be a “meeting”  Ø Cannot use e-mail to circumvent the OML Ø Cannot use e-mail among a quorum to: Ø Propose legal action Ø Discuss legal action E-MAIL Ø Deliberate on legal action Ø Take legal action  Ø E-mail and other communications Ø E-mail (or “electronic”) communications may constitute a meeting Ø The use of e-mail among a quorum of members to discuss public matters is prohibited by the Open Meeting Law E-MAIL Ø E-mails regarding commission business are a public record - Does not matter whose computer is used Ø Staff liaison may not communicate the positions of various commissioners  Ø E-mail communications are treated the same as any other form of communication between board members E-MAIL COMMUNICATIONS Ø E-mails exchanged among a quorum of the Board that involve discussion, deliberations, or taking legal action on matters that may come before the Board constitute a meeting and thus violate the open meeting law  Ø Staff may send e-mail to board members Ø Passive receipt of information from staff, without more, does not violate the open meeting law STAFF E- Example: Board packets MAIL Ø Staff may NOT send opinion or substantive communication about board business from a board member to enough other board members to constitute a quorum  Ø Blogs and Social Media like Twitter and Facebook can present the same issues as e-mail among board members INTERNET SOCIAL Ø If a quorum of members is discussing NETWORKING board business using any technological means, a meeting may result  Ø Like e-mail, this type of communication does not have to occur among a quorum of members simultaneously to be considered a meeting INTERNET SOCIAL Ø Like e-mail, this type of communication NETWORKING can occur on a personal computer, smart phone and still be “board business”  Ø This type of communication may be considered a virtual meeting, requiring notice and access to technological equipment as it was discussed in the virtual meeting opinion INTERNET SOCIAL NETWORKING Ø This type of communication results in the creation of electronic public records which must be maintained, preserved and produced upon request  Ø Cannot direct staff to communicate in violation of the open meeting law – A.R.S. § 38-431.01(I) STAFF & Ø Sanctions may be imposed upon any OTHER person who knowingly aids, agrees to PERSONS aid or attempts to aid another person in violating this article – A.R.S. § 38- 431.07(A)  ØAsking for trouble: Ø Passing notes (even if it’s about when to order lunch) MEETING Ø Whispering to fellow board members ETIQUETTE Ø Privately using modern technology Ø Quorum talking to individuals before the meeting officially starts or after the meeting officially ends  Ø If a quorum might be present: Ø “Courtesy Agenda” to be posted SOCIAL EVENTS Ø Include statement that no business of public body will be discussed and no action taken  Ø If a quorum might be present when one or more council members plan on speaking or discussing Town business PUBLIC with those in attendance: FORUMS, SPEECHES Ø Special Meeting Agenda must be posted AND COMMUNITY Ø Agenda must include a description of the general topic or topics to be discussed and EVENTS that no action will be taken Ø Town Attorney should review all agendas for accuracy  The open meeting law does not prohibit a member of a public body from speaking to the media regarding matters that may come before the public body COMMUNICATIONS WITH THE MEDIA A.R.S. § 38-431.09(B) added by 2008 Sessions Laws, Ch. 135, § 1 (effective 09/26/08) Attorney General Opinion I07-013  HOWEVER . . . COMMUNICATIONS WITH THE MEDIA  Ø Attend Ø Listen Ø Tape Record Ø Videotape PUBLIC’S RIGHTS • Note: Public body cannot require attendees to identify themselves or sign in (unless they are making a presentation)  Public has NO right to: PUBLIC’S Ø Speak RIGHTS Ø Disrupt  RESOLVE ALL DOUBTS IN FAVOR OF OPENNESS • Remember: Legal action taken during a WHEN IN meeting held in violation of any DOUBT? provision of the open meeting law is null and void unless ratified