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Planning and Zoning Commission Meeting

Regular Meeting

Sahuarita, AZ · October 2, 2023

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Minutes

Planning & Zoning Commission Meeting ACTION Minutes MEETING ACTION MINUTES OCTOBER 2, 2023 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 Thursday, September 7, 2023. 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chair John D. Backer. Chair Backer requested to reorganize the Agenda to have the Executive Session last and adjourn the meeting at that time. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present Chair John D. Backer Present Vice Chair Mickey Miramontes Present Commissioner Mark Ferguson Absent Commissioner Raymond Maynard Present Commissioner Daniel Millet 4. MEETING MINUTES: APPROVAL OF THE SEPTEMBER 7, 2023, REGULAR MEETING MINUTES. MOTION was made to approve minutes as presented. RESULT: APPROVED MOVER: Mark Ferguson, Commissioner SECOND: Mickey Miramontes, Vice Chair AYES: John D. Backer, Daniel Millet 5. CALL TO THE AUDIENCE: No speakers were present. 6. PUBLIC HEARING: A Zoning Code Text Amendment to STC 18.42 Business Zones. (Case No. SA8-23-00001). Meeting Action Minutes- October O2, 2023 Page 1 of 3 PLANNING & ZONING COMMISSION MEETING MINUTES Orlanthia Henderson, Planning and Zoning Manager, presented a power point presentation regarding the Text Amendment to our Business Zones Chapter 18.42. Ms. Henderson gave some background on the Town Chapter 18.42 which is the Business Code Section of the Zoning Code. Staff is proposing a change to the MX Zone. Currently in the MX Zone large scale commercial recreation uses is not permitted, it only allows small scale recreation uses. Staff is proposing to change the code to permit large scale commercial recreation with a Type 2 Conditional Use Permit with a minimum notification area of 500 feet. A Type 2 Conditional Use Permit normally requires a 300-foot notification radius, but staff is proposing a radius of 500’ for this use. The text amendment would allow large scale commercial recreation which includes uses like outdoor amphitheaters, miniature golf courses, swimming or wave pools, restaurants, snack bars, and other incidental food and beverage sales. The current code only permits small-scale commercial recreational uses mostly occurring indoors. This code will further the implementation of the Sahuarita Square District Vision by allowing large scale recreation gathering places. Chair Backer asked if there were any questions for Staff from Commission members. Questions were asked by Commissioners regarding pending or future applications for this use and would it generate additional income for the Town. Questions were answered by Director Casadei. Chair Backer opened the Public Hearing. There were no speakers. Chair Backer closed the Public Hearing. MOTION Commissioner Millet moved to recommend approval of a Zoning Code Text Amendment to STC 18.42 as presented by staff. RESULT: APPROVED MOVER: Daniel Millet SECONDER: John D Backer AYES: Mark Ferguson, Daniel Millet PLANNING & BUILDING DIRECTOR’S REPORT No action taken. FUTURE AGENDA ITEMS No action taken. Meeting Action Minutes- October 2, 2023 Page 3 of 3 PLANNING & ZONING COMMISSION MEETING MINUTES EXECUTIVE SESSION (SAGUARO ROOM) 7. EXECUTIVE SESSION: Pursuant to A.R.S. 38-431.03 (A) (3) for discussion and consultation with the Town Attorney for legal advice regarding the Vulcan Materials Company application for a Conditional Use Permit for a Hot Mix Asphalt Plant. ADJOURNMENT: Meeting adjourned at 7:42 p.m. Meeting Action Minutes- October 2, 2023 Page 3 of 3

Agenda

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 AND EXECUTIVE SESSION MEETING AGENDA MONDAY, OCTOBER 2, 2023, at or after 6:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Chair John D Backer Vice Chair Mickey Miramontes Commissioner Mark Ferguson Commissioner Raymond Maynard Commissioner Daniel Millet 4. APPROVAL OF MINUTES FOR PLANNING & ZONING COMMISSION MEETING OF September 7, 2023 CALL TO THE AUDIENCE 5. 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 and Executive Session Meeting Agenda- October 2, 2023 Page 1 of 2 PLANNING & ZONING COMMISSION MEETING AGENDA 6. PUBLIC HEARING: Zoning Code Text Amendment to STC 18.42 Business Zones. (Case No. SA8-23-00001). EXECUTIVE SESSION (SAGUARO ROOM) 7. EXECUTIVE SESSION: Pursuant to A.R.S. 38-431.03 (A) (3) for discussion and consultation with the Town Attorney for legal advice regarding the Vulcan Materials Company application for a Conditional Use Permit for a Hot Mix Asphalt Plant. CONTINUATION OF MEETING 8. PLANNING & BUILDING DIRECTOR'S REPORT 9. FUTURE AGENDA ITEMS 10. ADJOURNMENT Regular and Executive Session Meeting Agenda- October 2, 2023 Page 2 of 2 Planning & Zoning Commission Meeting ACTION Minutes MEETING ACTION MINUTES SEPTEMBER 7, 2023 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 Thursday, September 7, 2023. 1. CALL TO ORDER The meeting was called to order at 5:34 PM by Chair John D. Backer 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present Chair John D. Backer Present Vice Chair Mickey Miramontes Present Commissioner Mark Ferguson Absent Commissioner Raymond Maynard Present Commissioner Daniel Millet 4. MEETING MINUTES: APPROVAL OF THE FEBRUARY 6, 2023, REGULAR MEETING MINUTES AND FEBRUARY 27, APRIL 3, AND APRIL 10, 2023, SPECIAL MEETING MINUTES MOTION was made to approve minutes as presented. RESULT: APPROVED MOVER: John D Backer, Chair AYES: Mark Ferguson, Daniel Millet, Mickey Miramontes 5. CALL TO THE AUDIENCE No speakers were present. 6. PLANNING AND ZONING COMMISSION TRAINING: Town Attorney, Jon Paladini provided training and review of Roles and Responsibilities of the Members of the Planning and Zoning Commission. Meeting Action Minutes- September 7, 2023 Page 1 of 3 PLANNING & ZONING COMMISSION MEETING MINUTES The training was conducted in three parts: I. Overview – Rules and Responsibilities. II. Fundamentals – The difference between things Commissioners will be looking at to include The General Plan, Plats, Open Meeting Law, Public Records and Conflict of Interest. III. Best Practices – How to run meetings effectively and efficiently. Attorney Paladini asked that the Powerpoint presentation be sent to Commissioners. He encouraged Commissioners to read through the Powerpoint presentation and if they had any questions to please email him with their questions. Commissioner Millet had many questions throughout the presentation. At the end of the Planning and Zoning Commission Training, Planning and Zoning Director Casadei suggested a short break. Chair Backer asked if there was any further discussion and requested a 5-minute break. After a brief break, Chair Backer resumed the meeting. 7. PUBLIC HEARING: A proposed zoning code related to rural and residential zones (Case No. SA8-22-00002). The purpose of the amendment is to modernize, streamline, and simplify the code while accommodating new trends in residential development. This amendment includes changes to chapters 18.03, 18.07, 18.09, 18.11, 18.13, 18.14, 18.17, 18.18, 18.19, 18.21, 18.23, 18.25, 18.27, 18.29, 18.33, 18.35. Dylan Parry, Senior Planner, presented a power point presentation regarding the proposed zoning text amendment. Mr. Parry’s presentation began with a background of the residential zones. The town code was adopted when the town was adopted from Pima County in 1994 and because of that the residential zones sections are a little outdated, not easy to use, and non-reflective of the growth of the town and is more designed for the rural areas of the county. Staff had three main goals with this amendment: I. Simplify the residential zones chapters for the users. II. Amend it to make the code better reflect the character of the town of Sahuarita. III. Provide for new trends in residential development. The amendment also addresses goals that came from a housing study which was conducted a few years ago. There was Public and Industry outreach conducted. People who provided feedback were generally supportive of the amendment with very few concerns. There were also two Town Council Study Sessions where feedback from comments and changes were made. Meeting Action Minutes- September 7, 2023 Page 3 of 3 PLANNING & ZONING COMMISSION MEETING MINUTES This amendment also helps support policies of the General Plan. Mr. Parry went through each main goal and showed how they addressed each one. Staff recommended approval of the code amendment with reasons for recommendation: I. Supported by General Plan policies. II. Implements several Housing Strategy action items. III. Addresses staff’s goals for the amendment: simplification and modernization of code, and community character. Commissioner Millet had some questions as well as Chair Backer. Questions were answered by Mr. Parry and Ms. Casadei. Chair Backer asked if any there were any other questions or concerns from the other commissioners. Mr. Parry asked the Commission if there were any additional concerns needing to be addressed prior to going to Town Council. Chair Backer opened the Public Hearing. There were no speakers. Chair Backer closed the Public Hearing. Chair Backer asked if there was any further Discussion or Motions. MOTION Vice Chair Miramontes moved to recommend approval of residential zones text amendment CASE #SA8-22-00002 as presented by staff. RESULT: APPROVED MOVER: Micky Miramontes, Vice-Chair SECONDER: John D Backer AYES: Mark Ferguson, Daniel Millet PLANNING & BUILDING DIRECTOR’S REPORT No action taken. FUTURE AGENDA ITEMS No action taken. ADJOURNMENT: Meeting adjourned at 8:46 p.m. Meeting Action Minutes- September 7, 2023 Page 3 of 3 PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Case No. SA8-23-00001 Commission Meeting Date: October 2, 2023 Agenda Item No. 6 PREPARED BY: Orlanthia Henderson, Planning and Zoning Manager REVIEWED BY: Anna Casadei, AICP, Planning and Building Director RECOMMENDATION: Staff recommends that the Commission forward a recommendation of approval to the Town Council. SUBJECT: Public Hearing: Zoning Code Text Amendment to STC 18.42 Business Zones APPLICANT: Town of Sahuarita PROPOSAL: This text amendment proposal is to enable the Large-Scale Commercial Recreation use as a Type 2 Conditional Use in the Business Zones chapter (18.42), Mixed Use Zone district. Large-scale commercial recreation is currently not a permitted use in the MX (Mixed Use) Zone. The amendment allows large-scale commercial recreation to be permitted with an approved Conditional Use Permit Type 2. The type 2 process requires a public hearing with the Planning & Zoning Commission for review and approval. BACKGROUND: The MX zone is an appropriate zoning district to bring to frui�on the vision of the Sahuarita Square District, which was added to the zoning code several years ago. As the Town con�nues to look at an appropriate mixture of uses for land within the Sahuarita Square District it was found that large-scale commercial recrea�on was not permited. The text amendment proposal would allow large-scale commercial with an approved Type 2 Condi�onal Use Permit in the Mixed Use Zone (MX). Large-scale commercial recrea�on includes uses like outdoor amphitheaters, miniature golf courses, swimming or wave pools, restaurants, snack bars, and other incidental food and beverage sales. The current code only permits small-scale commercial recrea�on in the Mixed Use Zone with recrea�onal uses listed as mostly occurring indoors. The text amendment would also allow for the Town to con�nue moving forward with mee�ng a goal of the Sahuarita Square District Area Plan, SSD-1.2.4: large-scale community gathering places should be established along with smaller gathering places throughout the district. PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov DETAILS OF THE REQUEST: The purpose of this text amendment is to expand commercial recrea�on permited uses within the Mixed Use Zone. Large-scale commercial recrea�on is a use that is not widely available within the Town. As the Town moves forward with the implementa�on of Sahuarita Square District (SSD) and possible future MX rezonings; the large-scale commercial recrea�on will assist in fulfilling the SSD vision. ANALYSIS Staff reviewed the MX zone permited uses in chapter 18.42 of the zoning code. Permited and condi�onal uses in the MX zone are generally not intense; most are transi�onal in nature. The SSD and General Plan define Mixed Use as allowing “residen�al and compa�ble non-residen�al development in a compact development patern, including entertainment, cultural uses and community gathering spaces, crea�ng opportuni�es to live, work, learn and recreate in a pleasant, walkable se�ng integrated with parks, trails and open space.” Staff is proposing that large-scale commercial recrea�on be included in the MX Zone because it helps to meet the mixed-use purpose of the zone. The type 2 condi�onal use permit procedure will ensure that impacts are mi�gated. PROCEDURAL INFORMATION: The text amendment requires two separate public hearings, one before the Planning and Zoning Commission and another to be held by the Town Council. At the first public hearing, the Commission will make a recommendation, which will be forwarded to the Town Council. The Town Council will hold a subsequent public hearing and will make a decision on the request. PUBLIC INPUT: Public notice was provided in the Green Valley News on September 17, 2023. To date, no public input has been received. Any input received will be provided to the Commission prior to or at the public hearing. REQUIRED ACTION: The Commission shall hold a public hearing, determine whether the proposed text amendment is in the best interest of the community, and make a motion to forward a recommendation to the Town Council. RECOMMENDATION: Staff recommends that the Commission forward a recommendation of approval of the Text Amendment to the Town Council. PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov RECOMMENDED MOTION: “I move to recommend approval of Case Number SA8-23-00001, the text amendment to the Business Zones, as presented by staff.” Attachments 1. Redlined Zoning Code Chapter 18.42 Agenda Item 6: Atachment 1 Chapter 18.42 BUSINESS ZONES Sections: 18.42.010 Purpose. 18.42.020 Table of permitted uses. 18.42.030 Performance standards. 18.42.040 Development standards. … 18.42.020 Table of permitted uses. A. The table of permitted uses in this section sets forth the uses permitted within each business zone. B. Uses Permitted by Right. A “P” indicates that a use is permitted as a matter-of-right within the respective zone. C. Conditional Uses. A “C” indicates that a use is allowed only if reviewed and approved in accordance with the procedures and standards of Chapter 18.97 STC, Conditional Use Procedures. 1. “C1” indicates that a use is subject to a Type 1 conditional use permit. 2. “C2” indicates that a use is subject to a Type 2 conditional use permit. 3. “C3” indicates that a use is subject to a Type 3 conditional use permit. D. Uses Permitted with Specific Performance Standards. A “PS” indicates that a use is permitted subject to specific performance standards. The performance standards are numbered in the table and each applicable standard is identified in STC 18.42.030. E. Prohibited Uses. A “–” indicates that a use is not allowed in the respective zone, unless it is expressly allowed by other regulations of this code. F. Nonexpressed Commercial Uses. Uses not expressly permitted but which are determined by the planning director to be similar to the uses expressly permitted, shall be permitted with the same restrictions as the most similar expressed use as determined by the planning director. Table 18.42-1 – Table of Permitted Uses Additional Use Land Use NC B-1 B-2 MX Regulations Residential Use Classifications Group Residential a. Assisted Living Facility P P P P b. Group Care Home PS PS PS PS STC 18.09.020(E) 20, 20, 20, 20, 21 21 21 21 c. Transitional Housing Facilities PS PS PS PS 20, 20, 20, 20, 22 22 22 22 d. Group Housing, Other PS PS PS PS 20 20 20 20 Home Occupations PS PS PS PS STC 18.09.030 19 19 19 19 Multiple Dwelling P P P PS 1 One-Family Dwelling – Attached or Duplex P – – PS 1 One-Family Dwelling – Detached – – – – Public and Semi-Public Use Classifications Educational, Public or Private a. K-12 P P P P b. Postsecondary and Industrial or Trade – P P P Schools c. Instructional Schools (dance, music, etc.) P P P P d. Pre-school or Day Care Associated with an P P P P Educational Use Community Center P P P P Community Gardens P P P P Government Offices P P P P Table 18.42-1 – Table of Permitted Uses Additional Use Land Use NC B-1 B-2 MX Regulations Medical Facilities a. Clinics PS P P P 2 b. Emergency Medical Facilities C1 P P C1 c. Hospitals – P PS 3 PS 3 Membership Organizations PS P P P 2 Museums and Libraries PS P P P 2 Parks and Recreation Facilities, Public or P P P P Private Public Safety Facilities C2 P P C2 STC 18.07.030(G) Religious Use P P P P Social Service Facility C2 P P P Commercial Use Classifications Animal Sales and Services a. Kennels – P P – b. Pet Grooming C2 P P C2 c. Pet Stores C2 P P C2 d. Small Animal Day Care – P P – e. Veterinary Services C2 P P C2 Art Studio, Store, or Gallery P P P P Automobile/Vehicle Sales and Services a. Automobile Rentals, Accessory – P P C1 b. Automobile Rentals – P P – c. Automobile/Vehicle Sales and Leasing – C2 P – Table 18.42-1 – Table of Permitted Uses Additional Use Land Use NC B-1 B-2 MX Regulations d. Automobile/Vehicle Service and Repair, – – P – Major e. Automobile/Vehicle Service and Repair, – P P – Minor f. Automobile/Vehicle Washing and Detailing – P P – g. Gasoline Service Station C2 P P – STC 18.07.030(A) h. Large Vehicle and Equipment Service – – PS – 17 i. Large Vehicle and Equipment Sales and – C2 P – Rental j. Storage of Operable Automobiles, Boats, – C2 PS – Recreational Vehicles and Similar, Not 17 Intended for Salvage Banks and Financial Institutions PS P P PS 14 14 Banquet and Conference Center – P P P Bed and Breakfast PS – – P 8 Building Materials and Services – C2 PS – 17 Business Services PS PS P PS 9 9 9 Catering Service C1 P P P Commercial Entertainment – P P P Commercial Recreation a. Small-scale – P P P b. Large-scale – PS PS PS 16 16 16 Day Care Center P P P P Table 18.42-1 – Table of Permitted Uses Additional Use Land Use NC B-1 B-2 MX Regulations Farmer’s Market PS PS PS PS 2, 2, 2, 9, 2, 9, 9, 23 9, 23 23 23 Feed Store – P P – Funeral Parlors and Mortuaries – P P P a. With Accessory Crematorium – C2 P – Hotels and Motels – P P P Light Fleet-Based Services – – P – Live-Work Unit PS PS PS PS 2, 18 18 2, 18 18 Maintenance and Repair Services P P P P Medical Marijuana Uses a. Designated Caregiver Cultivation Location – – P – S10, 11 b. Dispensary – – P – S10, 12 c. Off-site Cultivation Location – – P – S10, 13 Non-Chartered Financial Institutions – P P – Offices – Business, Professional, and Semi- P P P P Professional Parking, Commercial, not associated with a – P P P specific business Personal Services P P P P Table 18.42-1 – Table of Permitted Uses Additional Use Land Use NC B-1 B-2 MX Regulations Plant Nurseries and Garden Centers PS P P PS 15 15 Restaurant and Bar Uses a. Bar – C2 P P b. Restaurant PS P P PS 2, 14 14 c. With Outdoor Seating C2 P P C1 Retail Sales a. General Retail PS P P PS 4 4 b. Grocery/Supermarket/Bakery/Pharmacy PS P P PS 4, 4 14 c. Large Retail Facility – P P – STC 18.82.070 d. Pawn Shops – – P – e. Package Liquor Sales, including wine PS P P P tasting 2 Sexually Oriented Business – – C1 – Chapter 5.30 STC Swap Meet or Flea Market – – PS – 2, 6, 9 Employment Use Classifications Handicraft/Custom Manufacturing – PS PS 9 PS 9 9 Light Assembly/Cabinetry – – PS 9 – Medical or Dental Laboratory – PS P – 9, 15 Table 18.42-1 – Table of Permitted Uses Additional Use Land Use NC B-1 B-2 MX Regulations Printing or Publishing – PS PS – 7, 7, 9 9, 15 Research and Development, Design or – C2 PS C3 Experimentation Facility with or without 7, 9 associated treatment, processing, and fabrication Scientific Design or Experimentation, with – – PS 9 – accessory processing and fabrication Warehousing and Storage a. Personal Mini-Storage – PS PS – 17 17 b. Commercial Warehousing – – PS – 17 c. Contractor’s Yard – C2 PS – 17 Transportation and Communication, Use Classifications Antenna and Transmission Towers C2 P P C1 Wireless Communication Facilities PS PS PS PS Chapter 18.60 STC 26 26 26 26 Chapter 18.62 STC Communication Facilities within Buildings C1 P P P Transportation Passenger Terminals P P P P Heliports – C2 C2 C2 Specific Accessory Uses Caretakers’ Residences P P P P Outdoor Entertainment or Activities, not specified by other classifications a. For Residential, Public, or Semi-public Use C1 C1 P C1 Classifications b. For All Other Use Classifications C2 C1 P C2 Table 18.42-1 – Table of Permitted Uses Additional Use Land Use NC B-1 B-2 MX Regulations Outdoor Display of Goods or Materials for Sale, PS PS PS PS Incidental to Main Use 24 24 24 24 Outdoor Collection/Donation Bins C1 PS PS C1 25 25 [Ord. 2016-110 § 1; Ord. 2015-105 § 1.] 18.42.030 Performance standards. … 16. All of the following standards apply: a. In the B-1 Zone, a Type 3 conditional use permit shall be required with a 500-foot notification area. b. In the B-2 Zone, a Type 2 conditional use permit shall be required with a 500-foot notification area. c. In the MX Zone, a Type 2 conditional use permit shall be required with a 500-foot notification area. d. For racetracks or sports stadiums, the following additional performance standards apply: (1) Any racetrack conducted for profit must be licensed by the State Racing Commission if applicable. (2) No portion of any tracks, stables, or grandstand shall be within 200 feet of any existing or conditionally approved rural or residential zone. … PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Case No.: SA6-23-00001 Planning Commission Date: October 2, 2023 Agenda Item No. 7 PREPARED BY: Anna Casadei, AICP, Planning & Building Director RECOMMENDATION: None SUBJECT: Executive Session pursuant to A.R.S 38-431.03 (A) (3) for discussion and consultation with the Town Attorney for legal advice regarding the Vulcan Materials Company application for a Conditional Use Permit for a Hot Mix Asphalt Plant. DISCUSSION: Staff analysis of the Vulcan Materials request for a Conditional Use Permit to operate a hot mix asphalt plant at 18701 S. Old Nogales Highway is ongoing but taking shape. The complete analysis will be presented in a staff report prepared for public hearings before the Planning and Zoning Commission and the Town Council. In preparing the analysis of this application, staff has conducted extensive research and has also employed the services of third-party engineering firms, principally Ninyo & Moore, to assist in evaluating the technical aspects of the application. Staff has spent a considerable amount of time analyzing the request against General Plan policies and maps, reading public comment, and studying whether conditions of approval can substantially mitigate the impacts of the proposed land use. We have researched measures that have been implemented at other hot mix asphalt plants in Arizona, permitting requirements of ADEQ and PDEQ as related to the operation of an asphalt plant, as well as legal aspects of the request. We have spoken with various stakeholders, including the Arizona State Land Department, FICO, Robson, and town residents. Our consultants have researched permitting requirements in various Arizona counties and have studied the potential health impacts of the proposed plant on residents. FICO has requested and been provided with information to conduct its own study of the potential impacts of the proposed plant on its pecan groves. Staff has also enumerated the concerns voiced by residents in the hundreds of public comments that we have received thus far. Case No.SA6-23-00001 October 2, 2023 Page 1 of 3 PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov In short, staff is preparing a very thorough analysis of the request from numerous angles. The staff report containing the complete analysis will be available ten days prior to the public hearing. The purpose of tonight’s Executive Session with the Planning and Zoning Commission is to review staff’s work completed to date, to discuss the legal implications of staff’s preliminary conclusions, and to answer any questions the Commission may have. BACKGROUND: The majority of staff’s work has been in the interpretation and application of both the Town’s General Plan and its Zoning Code, as it relates to Vulcan’s proposed conditional use. Sahuarita's Zoning Code provides standards that must be met to approve a conditional use. Those standards are summarized below and have provided a framework for staff’s analysis. 1. Compliance with the objectives of the General Plan; 2. Conformance with the zoning code; 3. No adverse impact on adjacent property or impacts can be substantially mitigated through conditions; 4. Adequate vehicular and pedestrian access, circulation, and parking; 5. Adequate and efficient public utility service; 6. Meet standards for noise, smoke, glare or heat, odors, vibrations, fly ash, dust, fumes, vapors, gases and other forms of air pollution, liquid and solid wastes; and 7. Hours of operation not detrimental to adjoining residents. Importantly, STC 18.01.030 provides standards for application of the zoning code: 1. The powers of the town council, the planning and zoning commission, the board of adjustment, the zoning administrator and all other persons or agencies charged with the administration of this code shall be strictly limited by the expressed intent of the legislature in the enactment of ARS 9-461, et seq., and by the language of this code. 2. All terms used herein shall be interpreted according to their common, plain, natural and accepted usage when not otherwise defined herein. 3. In any dispute concerning the application of any provision of this code, that solution shall be favored which is most reasonable with regard to the general purpose of this code and the established and accepted principles of American planning and zoning law. 4. The application of this code to any property or use classified herein shall be governed by all the particular facts in each individual case, and the fundamental rights of any individual owner shall not be prejudiced by reason of being in a minority, either in numbers or in land owned, and any such owner shall be entitled to a balancing of equities of all the interests concerned in said application. Case No.SA6-23-00001 October 2, 2023 Page 2 of 3 PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov 5. The right of every affected property owner to petition and to be heard whenever the application of this code is at issue shall be strictly observed at all times. 6. No special favors or privileges shall be granted to any individual or group of property owners and no permit shall be issued under the terms of this code which will or might reasonably tend to destroy the established economic or social uses and values of adjacent or surrounding properties. 7. On every application of this code to any given area, the relative importance of the interests involved shall be as follows: a. First, established conforming uses of adjacent or surrounding properties having an equal or higher classification; b. Second, the cost of tax-supported and other public services to the area affected, and the increased or decreased share of this cost which might be borne by said area if a proposed use or change of classification is permitted; and c. Third, the value of the proposed classifications and uses to the orderly development of the neighborhood or area affected. 8. The theory and use of “spot” zoning is hereby specifically repudiated in the application of any classification of this code to any given land area. Staff’s recommendation will be based on the anticipated land use impacts of the use and the analysis of those impacts against General Plan objectives, zoning code standards, and legal aspects of the conditional use process. It is important to remember that Sahuarita has jurisdictional control over its land use decisions. Other entities, such as PDEQ, ADEQ, and UPRR have their own set of standards and permitting processes that the applicant will be required to follow should this land use be approved. PDEQ and ADEQ are the regulatory agencies responsible for environmental permitting. UPRR is responsible for determining the required safety enhancements for the driveway railroad crossing. Staff’s formal recommendations will be included in the staff report for the public hearings. Case No.SA6-23-00001 October 2, 2023 Page 3 of 3

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