Planning and Zoning Commission Meeting

PLANNING & ZONING COMMISSION MEETING AGENDA Monday, June 2, 2025 6:00 PM Sahuarita Town Hall 375 W. Sahuarita Center Way, Sahuarita, AZ 85629 In accordance with A.R.S. § 38-431.02, notice is hereby given to the public that the Sahuarita Planning & Zoning Commission will hold a meeting on the date, time, and location specified above. Members of the Planning & Zoning Commission will attend either in person or virtually. To better serve our community, the Sahuarita Council Chambers is wheelchair accessible. Individuals with disabilities may request reasonable accommodations, 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 allow for proper arrangements. All attendees are expected to observe rules of propriety, decorum, and good conduct. Unauthorized comments from the audience, signs, and disruptive behavior will not be tolerated in the Sahuarita Council Chambers. Violations may result in being banned from this and future meetings. Please remember to turn off or silence all electronic devices during the meeting. 1. Call to Order 2. Pledge of Allegiance The Commission and the attending audience will lead the Pledge of Allegiance. 3. Roll Call Chair Mark Ferguson, Vice Chair Daniel Millet, Commissioner Lori Brown, Commissioner Kevin Rau, and Commissioner Aaron Escamilla 4. Approval of Meeting Minutes 4.a Approval of Minutes – April 7, 2025 5. Public Hearing and Possible Action 5.a Public Hearing for a Zoning Code Text Amendment to establish an administrative review process for Temporary Use Permits. 6. Presentations 6.a Commission Training—Open Meeting Laws and Best Practices 7. Community Development Director's Report 8. Future Agenda Items 9. Adjournment Notice to Parents: Meetings of the Planning & Zoning Commission are recorded. If you allow your child to participate in the meeting, a recording will be made. You have the right to decline consent by not permitting your child to participate. You and your child may also leave the meeting at any time. Planning & Zoning Commission Staff Report COMMISSION MEETING DATE: June 2, 2025 CASE TITLE: Approval of Minutes – April 7, 2025 CASE NO.: Not Applicable Prepared by: Joanne Estrada Reviewed by: Nathan Barrett Recommendation: Staff recommends approval of the minutes. SUBJECT: Approval of Minutes – April 7, 2025 LOCATION: Not Applicable APPLICANT: Not Applicable PROPOSAL: Not applicable. BACKGROUND: State law (A.R.S. §38-431.01) requires public bodies to provide and publish meeting minutes to document discussions and legal action taken by the public body. The Commission can make any necessary corrections to the meeting minutes before approval. STAFF RECOMMENDATION: Staff recommends approval of the meeting minutes as presented or amended. REQUIRED ACTION: A motion is needed to approve or amend the meeting minutes. ATTACHMENTS: 1. Draft Planning and Zoning Commission Meeting Minutes: April 7, 2025 Page 2 of 19 Planning & Zoning Commission Meeting ACTION Minutes REGULAR MEETING ACTION MINUTES APRIL 7, 2025 The Planning and Zoning Commission of the Town of Sahuarita met in the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ 85629 on Monday, April 7, 2025. 1. CALL TO ORDER The meeting was called to order at 6:17 P.M. by Chair Ferguson. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present Chair Mark Ferguson Present Vice Chair Daniel Millet (Attended Virtually) Present Commissioner Lori Brown Absent Commissioner Aaron Escamilla Absent Commissioner Kevin Rau 4. APPROVAL OF MEETING MINUTES FOR MARCH 3, 2025 MOTION was made to approve the minutes as presented. RESULT: APPROVED MOVER: Lori Brown, Commissioner SECONDER: Daniel Millet, Vice Chair AYES: Mark Ferguson, Lori Brown, Daniel Millet 5. STUDY SESSION: ZONING CODE TEXT AMENDMENT TO ESTABLISH A SPECIAL USE PERMIT PROCESS (Case No. SA8-25-00002). Dylan Parry, Senior Planner, gave the presentation, including background, the current process, and an amendment overview. The purpose of this presentation was to gain feedback from the Commission. Commission Members participated in discussion, with clarification from Jon Paladini, Town Attorney, and Director Casadei. Regular Meeting Action Minutes- April 7, 2025 Page 1 of 2 Page 3 of 19  PLANNING & ZONING COMMISSION MEETING MINUTES Deputy Director Barrett summarized the discussion, and Director Casadei provided the Commission with the next steps in the process. No action was taken. 6. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT: Community Development Deputy Director Barrett shared a few announcements with the Commission. 7. FUTURE AGENDA ITEMS: Community Development Deputy Director Barrett shared a few agenda items for future commission meetings. 8. ADJOURNMENT: The meeting was adjourned at 7:01 P.M. Regular Meeting Action Minutes – April 7, 2025 Page 2 of 2 Page 4 of 19 Planning & Zoning Commission Staff Report COMMISSION MEETING DATE: June 2, 2025 CASE TITLE: Public Hearing for a Zoning Code Text Amendment to establish an administrative review process for Temporary Use Permits. CASE NO.: SA8-25-00002 Prepared by: Dylan Parry, AICP, Senior Planner Reviewed by: Nathan Barrett, Community Development Director Recommendation: Approval SUBJECT: Public Hearing for a Zoning Code Text Amendment to establish an administrative review process for Temporary Use Permits. LOCATION: N/A APPLICANT: Town of Sahuarita PROPOSAL: Planning & Zoning has drafted this zoning code text amendment to establish an administrative review process for temporary uses with a short duration and less potential for impacts to surrounding property owners as well as some temporary offsite sign plan applications. BACKGROUND: The temporary use permit process was adopted from Pima County when the Town was incorporated and is described in STC 18.93. A temporary use is a use that is “of a true temporary nature” and does not involve erection of a substantial building. Uses not otherwise allowed in the zone may be granted through a temporary use permit, and the process also allows deviation from the typical development and design standards that would be required for a permanent use. Under the current code, temporary uses are required to go before the Board of Adjustment at a noticed public hearing and are valid for a period of up to one year with the possibility of a one-year extension. The requirement for a public hearing necessitates that the applicant submit for the temporary use permit approximately 2 months before they want to begin the use. In recent years, Town Staff has encountered situations where property owners have inquired about temporary uses, but the application review process time frame was prohibitive for what was being requested, due to the length of the timeframe for scheduling the public hearing. Some of the requests Page 5 of 19 were for use for short durations (weeks or a few months), and others were for uses that would have very minimal impact on surrounding properties. These situations caused staff to consider whether it would be appropriate to create an administrative process for temporary uses of short durations that would create minimal adverse impact on neighbors. During the time that staff was considering an administrative temporary use process, Staff brought two Temporary Offsite Sign Plan (TOSSP) applications to the Planning & Zoning Commission. The current TOSSP process is established in the sign standards in the Sahuarita Town Codes section 18.79 and requires them to be brought before the Planning & Zoning Commission at a noticed public hearing. The Commission directed Staff to look at an administrative process for some of the TOSSP applications as part of the temporary use permit amendment. Staff drafted an amendment and brought it before the Planning & Zoning Commission at a study session on April 7th. The Commission provided Staff with feedback on the proposed amendment. The Commission’s feedback centered around the proposed text related to R.V.’s for guests. Since that meeting, staff made the decision to remove the R.V. regulations from this amendment and include those provisions in a more comprehensive amendment to the regulations for R.V.’s that will be brought to the Commission at a future date. DISCUSSION: This amendment adds regulations to Sahuarita Town Code 18.07.070 for a Class I temporary use permit. A Class I temporary use permit will be an administrative review process for temporary uses that will typically be active for a short duration and create minimal impact on surrounding properties. The existing temporary use permit process will be renamed to a class II temporary use permit and will remain in Chapter 18.93, as those temporary uses will still go to the Board of Adjustment. The goal of this amendment is to simplify the process for temporary uses that are more minor in nature and that have very little impact on the immediate neighborhood. With direction from the Commission, the simplification of the process for some Temporary offsite sign plan applicants was incorporated into this amendment. The amendment states which temporary uses will be considered class 1 and therefore eligible for the administrative review process. The list of uses is provided below: 1. Temporary security trailer or office for active construction sites 2. Temporary Model Home Complex 3. Holiday outdoor sales 4. Farmer’s Market 5. Temporary cargo container storage 6. Temporary offsite sign plans 7. Other uses similar in nature as determined by the Planning and Building Director A set of standards has been established for the uses that will need to be met in order for them to qualify as a class I temporary use. If they do not meet the standards listed in the code, they would be considered a class II temporary use and would follow the current temporary use process, with the exception of the temporary offsite sign plan which would follow the existing process for a TOSSP. Page 6 of 19 Temporary Offsite Sign Plan A proposed TOSSP that does not meet the standards proposed in this amendment would follow the process established in the Town sign code, which is a public hearing before the Planning & Zoning Commission. The Town has not received any complaints or had anyone object to the sign plans that have been approved in the past. The proposed standards were established to balance the signage needs of previous applicants with a desire to ensure that the Town is not inundated with temporary signage. The following standards must be met in order for it to qualify as a class I temporary use:  No more than 60 days in a 365-day period.  No more than 3 display periods within the 60 days  Signage shall not exceed 120 square feet total and 12 square feet per sign  The number of total signs shall not exceed 20 signs total. The goal is to create a process that is easier and less time consuming for sign plans that are similar in nature to what the Town has approved previously. TOSSP’s that do not meet the standards above have the potential to have more of an aesthetic impact on the Town and would still have to go to the Planning & Zoning Commission. PUBLIC INPUT: A display ad was published in the Green Valley News on May 18, 2025. To date, staff has not received any comments from the public on this amendment. REQUIRED ACTION: Conduct a public hearing to determine if this code amendment is in the best interest of the Town. STAFF RECOMMENDATION: Staff recommends approval of the zoning code amendment. REASONS FOR RECOMMENDATION: The recommended amendment creates a streamlined process with a reduced time frame for temporary uses and off-site sign plans where there is minimal impact on other members of the community. ATTACHMENTS: 1. Proposed Changes to Chapter 18.07 2. Proposed Changes to Chapter 18.93 Page 7 of 19  Chapter 18.07 GENERAL REGULATIONS AND EXCEPTIONS Sections: 18.07.010 Purpose. 18.07.020 Lots and parcels. 18.07.030 Land use regulations. 18.07.040 Land use exceptions. 18.07.050 Development standards exceptions. 18.07.060 Accessory buildings. 18.07.070 Reserved. Class I Temporary Use Permit 18.07.080 Reserved. ... 18.07.030 Land use regulations. ... I. Holiday Outdoor Sales. 1. Holiday outdoor sales of items such as pumpkins and Christmas trees are permitted in business and industrial zones subject to issuance of a temporary use permit by the zoning administrator. 2. The permit shall be valid for no more than 60 days from the date of issuance and shall be valid only for the uses as approved by the zoning administrator. [Ord. 2023-167 § 1; Ord. 2016-112 § 1; Ord. 2016-110 § 1; Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] ... 18.07.070 Reserved Class I Temporary Use Permit. A. Purpose. The purpose of the class I temporary use permit is to regulate uses with limited duration that are not expressly allowed in the applicable zone and/or are not compliant with development or design standards. B. Uses subject to a class I temporary use permit. Temporary uses listed below may be permitted as a class I temporary use in any zone unless otherwise specified. Temporary uses that are not listed or that Page 8 of 19 do not meet the standards listed below must follow the procedures and requirements for a class II temporary use permit (STC 18.93.040). 1. Temporary security trailer or office on active construction sites where the office/trailer is located at the build or project site with a valid building or construction permit. Sites are no longer considered active if construction ceases for 60 days. 2. Temporary model home complex or sales office in a subdivision while there are lots or homes actively being sold. Shall be removed within 60 days of the completion of active sales. 3. Holiday outdoor sales, not to exceed 30 days per individual holiday or 40 consecutive days. 4. Farmer’s market, not to exceed 3 consecutive days or 6 days per month. 5. Temporary cargo container or portable storage container used during construction or for storage of holiday sale merchandise that meets the following requirements: a. Must be placed in a location that: i. is screened from view of adjacent properties if adjacent property is residential; and ii. does not create traffic, parking, or circulation issues. b. Shall not exceed 60 days. 6. Temporary off-site sign plans that meet the following requirements. a. Sign display shall not exceed 60 days within a 365-day period; and b. The number of display periods shall not exceed three per any 60-day period; and c. Signage total shall not exceed 120 total square feet of signage or 12 square feet per individual sign; and d. The number of signs shall not exceed 20 signs total; and e. The application must meet the requirements established in STC 18.79.060; and f. If the sign application exceeds any of the standards listed in a through e above it must follow the temporary offsite sign plan guidelines and process as established in STC 18.79.060. Page 9 of 19  7. Other uses similar in nature to uses 1 through 5 as listed above as determined by the Planning & Building Director. C. Standards. 1. A class I temporary use permit may be issued only after finding that the use: a. Is of a true temporary nature; and b. The proposed use is compatible with the nature, character and use of the surrounding area; and c. The operation of the proposed use will not adversely impact the surrounding neighborhood; and d. The proposed use is not detrimental to the health, safety, or welfare of the community; and e. Does not violate state law or other provisions of Town of Sahuarita ordinances. D. Application. The property owner may request a class I temporary use permit application by submitting an application on a form prepared by the Planning & Zoning division. The application shall include information to facilitate the Planning & Building Director’s understanding of the temporary use request as follows: 1. A letter of authorization for any agent of the property owner; and 2. A site plan showing: a. All proposed structures; and b. Vehicular circulation; and c. Emergency ingress/egress; and d. Setback distances to the front, side and rear property lines. 3. A floor plan detail when the request pertains to interior access or use; and 4. A description explaining the reason for the request, including timeframe needed for the temporary use; and Page 10 of 19  5. Fees, in accordance with the adopted fees for a type 1 conditional use permit. E. Time Limit. The class I temporary use permit shall not be valid for more than 6 months unless expressly stated elsewhere in this code. F. Decision. 1. The Planning & Building Director will issue a decision in writing on the class I temporary use permit within 10 business days of submittal of a complete application. 2. The Planning & Building Director may impose conditions of approval to safeguard the public health, safety, convenience, and general welfare. G. Revocation. The violation of any conditions imposed by the Director shall constitute a violation of this code, and subject to 24 hours’ notice, the temporary use permit may be revoked. ... Page 11 of 19  Chapter 18.93 BOARD OF ADJUSTMENT VARIANCES, TEMPORARY USE PERMITS AND INTERPRETATIONS Sections: 18.93.010 Purpose. 18.93.020 Establishment of the board of adjustment. 18.93.030 Variances. 18.93.040 Class II Temporary use permits. 18.93.050 Time limit for variances and temporary use permits. 18.93.060 Interpretations. 18.93.070 Appeal to superior court. 18.93.010 Purpose. This chapter establishes board of adjustment procedures for variances, class II temporary use permits and interpretations. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.93.020 Establishment of the board of adjustment. A. Establishment. There is established a board of adjustment to hear and decide appeals for variances and interpretations of the code and to issue class II temporary use permits in accordance with ARS 9- 462.06 and STC 18.100.050 (Administrators). [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.93.030 Variances. A. Power. The board of adjustment may grant variances from provisions of this code. B. Standards. The board may grant a variance only if it finds: 1. That, because of special circumstances applicable to the property, including its size, shape, topography, location or surroundings, the strict application of the zoning ordinance will deprive such property privileges enjoyed by other property of the same classification in the same zoning district such that the property cannot be reasonably developed in conformity with the zoning provision; and 2. That such special circumstances were not self-imposed or created by the owner or person in possession of the property; and 3. The unnecessary hardship arises from a physical condition that is unusual or peculiar to the property and is not generally caused to other properties in the zone; and 4. The variance is the minimum necessary to afford relief; and Page 12 of 19  5. The variance granted is subject to such conditions as will assure that the adjustment authorized will not be detrimental to the general welfare or injurious to other properties in the vicinity and shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and 6. The variance does not allow a use which is not permitted in the zone by the code; and 7. The variance may not be from a condition of approval by the town council. C. Application. 1. Scope. A variance may be requested by the owner of the property by submitting an application on a form prepared by the planning and building department. 2. The application shall include information to facilitate the board’s understanding of the variance request as follows: a. A legal description of the property; b. A list of all ownership interests in the property, by name and title (e.g., individual, corporation, trust or limited partnership), in accordance with ARS 33-506; c. A letter of authorization for any agent of the property owner; d. Hearing fees, in accordance with the adopted fees schedule; e. A site plan, in accordance with STC 18.91.030(F) (Rezoning Procedures); f. A floor plan detail, when the request pertains to interior access or use; and g. A statement from the property owner of the present ability and intent to apply for all necessary town permits for construction or use of the property within nine months after granting of the variance. 3. The department may require additional information. 4. Incomplete applications shall not be processed. 5. Hearing notification maps shall be prepared only by the department. D. Staff Review. The executive secretary shall: Page 13 of 19  1. Schedule a public hearing within 45 work days of an accepted application; 2. Prepare a written staff report prior to the hearing which contains at a minimum: a. Analysis of the impact of the variance on the property and surrounding properties; b. Any comments and proposed conditions of any town departments and other public agencies; c. A recommendation for decision. E. Public Notice. 1. No less than 15 days prior to a public hearing, notice shall be given by: a. Publication once in a newspaper of general circulation in the area involved; b. Posting of the subject property; c. Mailing notice to all owners of property within 300 feet of the subject property. 2. Unintentional failure to give notice shall not invalidate an action of the board. F. Hearing. 1. The board shall consider the variance at a public hearing, at which all interested persons may be heard. 2. The appellant shall present information adequate to show: a. The variance meets the standards of subsection B of this section; and b. Conditions proposed by the appellant are adequate to protect surrounding properties from any increased visual impact, noise, light, odor or other adverse effects. 3. The board may require that additional information be provided by the appellant. 4. The board may continue the public hearing to a definite time, not to exceed three months. G. Conditions. The board may impose conditions on a variance that will: Page 14 of 19  1. Secure the intent and purposes of this code and the provision from which the variance is granted and any other county ordinance; and 2. Provide adequately for the protection of the public interest and the rights of surrounding property owners and residents. H. Revocation. When any condition of a variance is violated, the variance and all town permits issued pursuant to the variance shall be null and void. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.93.040 Class II Ttemporary use permits. A. Scope. The board of adjustment may issue a class II temporary use permit for a building or premises in any zone for a use not therein permitted by this code. The permit shall be for not more than one year and may be renewed for up to one additional year. B. Application. A class II temporary use permit may be requested by the owner of the property by submitting an application in accordance with STC 18.93.030(C), except that the time period in STC 18.93.030(C)(2)(g) shall be 30 days. C. Standards. A class II temporary use permit may be issued only after a finding by the board that the temporary use: 1. Is of a true temporary nature; 2. Does not involve the erection of a substantial building; 3. Will not cause injury to or adversely affect the rights of adjacent property owners or residents; 4. Is in harmony with the general intent and purposes of this code; and 5. Does not violate state law or other provisions of town of Sahuarita ordinances. D. Hearing. The temporary use permit shall be issued after a public hearing. Notice of the hearing shall be given in accordance with STC 18.93.030(E). E. Conditions. The board may impose such conditions as will safeguard the public health, safety, convenience and general welfare. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.93.050 Time limit for variances and class II temporary use permits. A. Time Limit. Application for necessary permits for use of the property and construction shall be made within one year of the granting of a variance and within 30 days of the issuance of a temporary use Page 15 of 19 permit. The board of adjustment may grant a different time limit on variances approved for lots or parcels that are substandard in size because of circumstances beyond the control of the property owner. B. Revocation. Failure to apply for necessary permits within the time limit shall render the variance or temporary use permit null and void. C. Appeal. Appeal of a board action shall suspend the running of the time limit during the period of appeal. D. Time Extension. 1. A new application for variance or class II temporary use permit shall be required after expiration of the time limit, unless an extension is granted by the board; 2. A request for a single one-year time extension may be made by submitting a written request and applicable fees for a board of adjustment public hearing. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.93.060 Interpretations. A. Powers. The board of adjustment hears and decides appeals from interpretations made by the zoning administrator in the application or enforcement of the zoning code or in the determination of a zone boundary location when: 1. An appellant believes that the zoning administrator has made an error in a decision or interpretation; or 2. The location of a zoning district boundary is in doubt (refer to STC 18.05.030, Zones, Maps and Boundaries). B. Application. 1. An appeal of an interpretation may be requested by submitting an application on a form prepared by the planning and building department, with hearing fees. 2. The application shall include the specific reasons and legal basis for the appeal. 3. The department may require additional information. 4. Incomplete applications shall not be processed. C. Staff Review. Page 16 of 19  1. The zoning administrator shall prepare a written response to the application, which shall contain a statement of the interpretation used. 2. The staff response shall be submitted to the board, mailed to the appellant and be made available to the public at least 15 days prior to the public hearing. 3. No further written statements shall be submitted to the board prior to the public hearing. D. Public Notice. No less than 15 days prior to a public hearing, notice shall be given by: 1. Publication once in a newspaper of general circulation in the town; and 2. Mailing notice to the appellant; and 3. Mailed notice to property owners within 300 feet of the subject property, if applicable as determined by the zoning administrator. E. Hearing. 1. The board shall hold a public hearing on the interpretation, at which all interested persons may be heard. 2. Testimony and argument shall be limited to the interpretation in question. Facts relating to specific applications of the provision in question shall be considered as relevant only insofar as they are examples of the general application of the provision throughout the town. 3. The board may require that additional information be provided. 4. The board may continue the public hearing to a definite time, not to exceed three months. F. Board Action. 1. The board may act on the matter following the public hearing or continue the matter for a maximum of three months; 2. The decision shall be made in writing; 3. Requests for reconsideration may be filed only based on new information, with new hearing fees, within 30 days of the decision. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.93.070 Appeal to superior court. Page 17 of 19 A. Appeal from a Decision of the Board of Adjustment. Any person aggrieved by a decision of the board may make an appeal to superior court within 30 days of the date of the action of the board, and the matter shall be heard in like manner as appeals from courts of justices of the peace. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] Page 18 of 19 Planning & Zoning Commission Staff Report COMMISSION MEETING DATE: June 2, 2025 CASE TITLE: Commission Training—Open Meeting Laws and Best Practices CASE NO.: N/A Prepared by: Nathan Barrett, Community Development Deputy Director Recommendation: N/A SUBJECT: Commission Training—Open Meeting Laws and Best Practices PROPOSAL: Town Staff will provide commissioners with brief training on Arizona Open Meeting Laws. In addition, the training will include some best practices for running public meetings, with some brief tips and suggestions for utilizing Robert’s Rules of Order. BACKGROUND: Open Meeting Laws exist in most states, including Arizona. They serve to ensure that decision making is not done in secret and that public officials are accountable and responsive to the public. Open Meeting Laws can also protect public officials (like P&Z Commissioners) by ensuring that they are not excluded from meetings and are prepared to discuss items on the agenda. Robert's Rules of Order are a set of parliamentary procedures that can provide structure and order to discussions held in a public forum. Although these rules can include a bewildering array of procedures, knowing the basics can help to improve the ebb and flow of public meetings. STAFF RECOMMENDATION: Staff recommends that commissioners be provided with brief training on open meeting laws and best practices for conducting public meetings. REQUIRED ACTION: No action required Page 19 of 19