Planning and Zoning Commission Meeting
Regular MeetingSahuarita, AZ · October 2, 2023
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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