Planning and Zoning Commission Meeting

PLANNING & ZONING COMMISSION MEETING AGENDA Monday, March 2, 2026 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 La Villita Community Center 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 La Villita Community Center. 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 3. Roll Call 4. Approval of Meeting Minutes Approval of the February 2, 2026, and the February 4, 2026, Planning & Zoning Commission meeting minutes. 5. Public Hearing and Possible Action 5.a Zoning Code Text Amendment STC Chapter 18.01 (General Provisions) Public Hearing, presentation, discussion, and possible action regarding a Zoning Code Text Amendment to Sahuarita Town Code Chapter 18.01 (General Provisions), revising the provisions for nonconforming use and buildings. Case No. SA8-25-00005 6. Community Development Director's Report 7. Future Agenda Items 8. Adjournment  PLANNING & ZONING COMMISSION MEETING MINUTES Date: February 2, 2026 Time: 6:00 PM Location: Sahuarita Town Hall 375 W. Sahuarita Center Way, Sahuarita, AZ 85629 Members Present: Commissioner Aaron Escamilla, Commissioner Kevin Rau, Vice Chair Daniel Millet, Chair Mark Ferguson, Commissioner Lori Brown _____________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Ferguson at 6:00 PM. 2. Pledge of Allegiance The Commission and the attending audience led the Pledge of Allegiance. 3. Roll Call Roll call was called and a quorum was confirmed. 4. Approval of Minutes MOTION was made to approve the December 1, 2025 Planning & Zoning Commission meeting minutes. MOVER: Vice Chair Daniel Millet SECONDER: Commissioner Kevin Rau AYES: (5): Commissioner Aaron Escamilla, Commissioner Kevin Rau, Vice Chair Daniel Millet, Chair Mark Ferguson, and Commissioner Lori Brown RESULT: APPROVED (5 to 0) 5. Public Hearing Discussion and Possible Action 5.a Sahuarita General Plan Public Hearing 1 Page 2 of 17  Orlanthia Henderson, Planning & Zoning Manager, introduced Robbie Aaron from Michael Baker International who provided an overview of the state-mandated General Plan update and voter ratification requirement. Mr. Aaron outlined the formal adoption process, including a second Planning & Zoning Commission public hearing on February 4, 2026 at the La Villita Community Center, a Town Council work session on February 9, 2026, and a Town Council adoption hearing on February 23, 2026, with subsequent public availability of the adopted plan and planned placement on the 2026 primary ballot for voter ratification. Commissioner Aaron Escamilla arrived at 6:09 PM. Chair Ferguson opened the public hearing, and the following individuals spoke: 1. Mel Selway thanked staff and the review committee for their work on the General Plan Update and noted his participation in the public surveys. He raised concerns submitted during the 60-day review period regarding water resources and environmental safety related to the Copper World project, which staff explained would be addressed through future project-specific processes rather than the General Plan. 2. Kate Hartman, Co-Executive Director of the Coalition for Sonoran Desert Protection, summarized her organization’s letter and requested a policy applying Pima County’s Conservation Lands System guidelines to future annexations. She noted the guidelines would be flexible, apply only during future rezonings or variances, and expressed willingness to continue discussions despite the late timing of the request. 3. Danny Dunn thanked the Commission and staff for their work on the General Plan Update. He stated his opposition to State Route 410, describing the project as unnecessary and reiterating that it should not be built. With no additional speakers, the Chair closed the public hearing and opened the item for Commission discussion. Commissioners encouraged continued public engagement and submission of written comments identifying where the Plan supports or fails to support specific concerns prior to adoption. Staff further noted that a second public hearing would be held on Wednesday, February 4, at which time the Commission would vote on a recommendation regarding adoption of the General Plan Update, with the ability to include additional motions if desired. 6. Community Development Director's Report Staff reported that the Town Council approved a pre-annexation development agreement with the Arizona Center for Nature Conservation (Phoenix Zoo) and Cypress Climax Metals Company for a proposed wildlife conservation facility on unincorporated Pima County land, outlining a future annexation process that would include zoning transfer and approval of a Type 2 Conditional Use Permit by the Town Council. The 2 Page 3 of 17  Commission was advised that, although Type 2 CUPs normally come before the Commission, this item would bypass the Commission and be heard by Council concurrently with annexation, with staff committing to keep the Commission informed. Staff also provided updates on development plans under review for a new Sherwin- Williams outlet near the Sprouts shopping center and a new Pima Federal Credit Union building at Abrego and Duval Mine Road. 7. Future Agenda Items Future agenda items were reviewed, including a second General Plan Update public hearing and vote on February 4, a Town Council study session and public hearing later in February, and upcoming code amendments related to RV regulations and nonconforming uses. 8. Adjournment The meeting was adjourned at 7:00 PM. 3 Page 4 of 17  PLANNING & ZONING COMMISSION MEETING MINUTES Date: February 4, 2026 Time: 6:00 PM Location: La Villita Community Center 71 W. Sahuarita Road, Sahuarita, Arizona 85629 Members Present: Commissioner Aaron Escamilla, Commissioner Kevin Rau, Vice Chair Daniel Millet, Chair Mark Ferguson, Commissioner Lori Brown _____________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Ferguson at 6:15 PM. 2. Pledge of Allegiance The Commission and the attending audience led the Pledge of Allegiance. 3. Roll Call Roll Call was called and a quorum was confirmed. Commissioner Rau was absent. 4. Public Hearing, Discussion and Possible Action 4.a Sahuarita General Plan Public Hearing Consultant Matthew Klyszeiko from Michael Baker International (MBI) said this was the second required Planning & Zoning Commission public hearing and the commission would be asked to recommend sending the General Plan update to Council. He described the two year process that began in January 2024 and explained the General Plan is a high level policy document, not zoning, and must ultimately go to voters for ratification. Mr. Klyszeiko summarized outreach including three community workshops, online materials, three surveys with 780 plus responses, study sessions, youth outreach, event pop ups, and the 60 day review from October 1 to November 30 with 37 public comments and 8 agency comments. Key themes were balancing growth with a small town feel, improving land use compatibility, expanding 1 Page 5 of 17  dining shopping and jobs, and addressing water conservation and reuse. He highlighted adding an implementation action matrix to show how the plan will be carried out. Mr. Klyszeiko said the update streamlines the prior plan’s 57 goals and 208 policies, keeps land use changes mostly minor inside town limits, and recognizes regional items like I 11 and the Sonoran Corridor without endorsing them. He also recapped three issues raised Monday: Copper World and the Sonoran Corridor were discussed as items the Town monitors but does not directly control through the plan, and a request from the Coalition for Sonoran Desert Protection to use Pima County’s Conservation Lands System. He presented two options: add a flexible new policy to consider the county system during post annexation entitlement reviews, or make no change because similar environmental policies already exist and the county system fits better at the zoning level. Next steps are the February 9 Council work session and the February 23 Council hearing, with the goal of placing the plan on the August 2026 ballot. He emphasized any changes must be stated clearly and exactly in the commission’s motion so the language can be carried forward to Council. Discussion focused on whether the plan sufficiently links economic development with water, air quality, and resource conservation. While Mr. Klyszeiko cited existing conservation policies, commissioner Vice Chair Millet expressed concern that sustainability principles were not clearly tied to future business growth. Mr. Klyszeiko noted that if the Commission wanted stronger linkage, exact policy language would need to be drafted after public comment and approved before forwarding the plan to Council. Chair Ferguson opened the public hearing and one individual spoke: 1. Keith Denny urged the Town to strengthen the General Plan’s policy language regarding the Sonoran Corridor. He argued that while the plan acknowledges potential impacts such as water contamination, air quality degradation, environmental harm, and loss of scenic and wildlife resources, it also characterizes the corridor as a “transformative opportunity.” He recommended revising the language to clearly state opposition to the Sonoran Corridor, emphasizing protection of water resources, air quality, environmental assets, and the Town’s small-town character, noting that such statements would be aspirational policy guidance rather than regulatory zoning controls. Chair Ferguson closed the public hearing. Vice Chair Millet supported adding policy language that clearly balances economic development and transportation corridor benefits with community protections. While acknowledging that corridors can support economic growth, the commissioner emphasized that Town policies still shape outcomes through planning, permitting, and zoning, even without direct control over water or air 2 Page 6 of 17  quality. The concern raised was that large-scale development could outpace community resources and quality-of-life protections. The commissioner recommended clarifying in the General Plan that economic growth should be guided by policies that balance business development with sustainability, infrastructure capacity, water resources, air quality, and resident quality of life. The Commission discussed adding clearer policy language to the General Plan to better balance economic development with protection of water resources and air quality. Commissioners emphasized that while the Town does not directly control utilities or activities outside its planning area, its policies guide development decisions, zoning, and permitting within Town limits and should reflect community concerns about sustainability and quality of life. Two policy amendments were agreed upon: Land Use Policy 3.5 - Promote development that respects local water resources and air quality by encouraging growth balanced with resource conservation and air quality management. Environmental Policy 1.8 - For unincorporated land within the Town’s planning area, consider the Pima County Conservation Lands System map and guidelines during post-annexation entitlement review processes. Commissioners confirmed that the language was appropriate for a general plan policy and consistent with its aspirational and guiding role. Following public comment and discussion, the Commission voted unanimously to recommend approval of the General Plan to the Town Council with the two policy amendments noted above. 5. Community Development Director's Report Nathan Barrett, Community Development Deputy Director, provided the report. 6. Future Agenda Items Nathan Barrett, Community Development Deputy Director, provided future agenda items. 7. Adjournment The meeting was adjourned at 7:48 PM. 3 Page 7 of 17  Planning & Zoning Commission Staff Report COMMISSION MEETING DATE: March 2, 2026 Agenda Item 5.a LOCATION: Town Council Chambers CASE TITLE: Public Hearing, presentation, discussion and possible action regarding a Zoning Code Text Amendment to Sahuarita Town Code Chapter 18.01 (General Provisions), revising the provisions for nonconforming use and buildings CASE NO: SA8-25-00005 Prepared by: Dylan Parry, Senior Planner Reviewed by: Nathan Barrett, Community Development Deputy Director Staff recommends approval of the Text Amendment Recommendation: SUBJECT: Public hearing: For a Zoning Code Text Amendment to Sahuarita Town Code Section 18.01 General Provisions. LOCATION: Town-wide APPLICANT: Town of Sahuarita PROPOSAL: Town Staff proposes an amendment to Sahuarita Town Code section 18.01 General Provisions rewriting 18.01.030.D. the provisions for nonconforming uses. The current language for nonconforming uses and buildings is challenging to interpret. The proposed amendment is a complete rewrite of the provisions for nonconforming use and buildings with the intent of making it easier for both staff and the public to interpret and use. BACKGROUND AND ANALYSIS: The provisions for nonconforming uses and buildings have remained the same since the Town Code was initially adopted at the time of the Town’s incorporation. The nonconforming use provisions regulate the establishment, expansion, maintenance, abandonment and change of use of nonconforming uses. Page 8 of 17  A nonconforming use or building is one that was legally established under previous zoning laws but no longer complies with current regulations. There are a number of ways that a legal nonconforming use can occur. It could be the result of land being incorporated and the adopted code not allowing a use that was allowed under the previous jurisdiction’s code. It can also occur when a zoning code text amendment is adopted which changes a regulation and thus makes the use or building nonconforming. Attachment 2 provides example scenarios for nonconforming uses and structures. The amendment’s main focus is on the rewrite and reorganization of the nonconforming use provisions to make it easier to interpret. The amendment also includes some substantive changes, which are detailed below.  The proposed amendment limits the expansion of nonconforming uses to interior expansion of the building that the use is in. The current regulations allow for expansion up to 100 percent of the area of the original business.  This amendment lengthens the amount of time the owner of a destroyed nonconforming use or building has to obtain permits and begin the rebuilding process from 3 months to 12 months. These proposed changes are consistent with many other jurisdictions throughout the State. PUBLIC NOTICE: A display notice was published in the Green Valley News on February 15, 2026. As of the date of this report, no public comments have been received. REQUIRED ACTION: Hold a public hearing and determine whether this amendment is in the best interest of the Town of Sahuarita. Forward a recommendation to the Town Council. STAFF RECOMMENDATION: Staff recommends that the Commission forward a recommendation of approval to the Town Council. BASIS FOR RECOMMENDATION: The amendment provides improved clarity, transparency, and legibility to town code relating to nonconforming uses. Additional changes to the code are consistent with town goals and policies. SUGGESTED MOTION: Page 9 of 17  I move to forward a recommendation of approval of the zoning code text amendment as presented by Staff for case number SA8-25-00005. ATTACHMENTS: 1. Redlines 2. Example NCU Scenarios Page 10 of 17  Legal Nonconforming Use Scenarios Prepared by Community Development Staff for illustrative purposes February 17, 2026 Scenario 1: The Town of Sahuarita annexes land that includes a medical clinic in Pima County SR zoning. Once annexed, that land has a Town of Sahuarita SR zoning designation. The Town code does not permit medical clinics in the SR zone therefore that medical clinic would now be considered a legal nonconforming use. The clinic can continue to operate legally, and even cease business temporarily for repairs or maintenance without losing its status as a legal use. If the clinic stops operating for more than 12 months, though, the use is considered abandoned and cannot resume operations. Scenario 2: A subdivision was platted and partially built-out under the old B-2 (General Business) zoning which allowed for single family residential. There was a zoning code text amendment made to the B-2 zone which no longer allowed residential as a permitted use. The residential subdivision built under the old zoning code is considered a legal nonconforming use. Homes can still be built on any vacant lots in the subdivision, if they were part of the approved plat. Scenario 3: A zoning code text amendment was made to the GR-1 zone increasing the required accessory building setback from 5 feet to 10 feet. A property owner has a workshop that sits at 5 feet from the property line and was in place when the amendment was made. That workshop is considered a legal nonconforming building. If a heavy windstorm blows the building down, the owner may rebuild the workshop in the same location, as long as a building permit is obtained within 12 months of the windstorm. But in rebuilding the workshop in the same location, the owner cannot increase its size. Page 11 of 17  D. Provisions for Nonconforming Uses and Buildings. 1. Establishment of legal non-conforming uses, structures and lots. a. A nonconforming use or structure is defined as a lawful use or structure maintained after the effective date of a zoning ordinance prohibiting such use or structure in the applicable district. A nonconforming use or structure is a source of vested rights only if it was in actual existence and use before the effective date of a zoning ordinance prohibiting such use or structure in the applicable district. b. Nonconforming status may result from any inconsistency with the requirements of this Ordinance including, but not limited to, type of use, location, density, height, yards, usable open space, buffering, screening, landscaping, parking requirements, performance standards, or the lack of an approved use permit or other required authorization. c. Any legally established use, structure, or lot that does not conform to the regulations prescribed in the zoning district in which such use or structure is located and was in existence and operating prior to, and at the time of the event that made such use or structure nonconforming, shall be considered legally nonconforming. Legally nonconforming uses, structures, and lots may be continued subject to the requirements of this Chapter. d. The burden of establishing the existence of a legal non-conformity shall be solely on the owner of the property containing the non-conformity. Verification of status may be requested through an application to the zoning administrator for a zoning compliance letter, accompanied by evidence of the date the use or other non-conformity was established and its continuous operation. 2. Expansion of nonconforming uses. A nonconforming use is limited to the site or area that was nonconforming when the ordinance prohibiting the use was enacted and may not be expanded except as otherwise permitted by this code. A nonconforming use may be expanded throughout the same building or structure; provided that: a. No structural alteration or expansion of the building (or portion of such building containing the nonconforming use in the case of buildings with multiple uses) shall be permitted. b. Such expansion shall not create additional parking requirements that cannot be met through existing excess parking spaces pursuant to Sahuarita Town Code Section 18.75.030 Off-street parking requirements. Page 12 of 17  c. Any existing occupied single-family residential dwelling unit that is deemed to be a nonconforming use may make improvements to the main and accessory structures so long as improvements do not increase the height or building footprint. The limitation on an increase to the height or footprint does not apply if the dwelling is part of a subdivision that was legally platted in a zone which no longer allows the dwelling as a permitted use. 3. Continuation and maintenance of nonconforming uses or structures a. Nonconformities may continue to be used and occupied, subject to the regulations established in this code. b. Reasonable repairs and maintenance are permitted provided that the repairs and maintenance do not increase the degree of nonconformity. Minor repairs and maintenance include the following: (1) Repairs necessary to maintain and correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of a building or structure without expanding the height or footprint of the building or structure, unless compliant with this code. (2) Maintenance of land to protect against and mitigate health and environmental hazards. (3) Repairs that are required to remedy unsafe conditions; and (4) Repairs necessary to comply with current building code requirements. c. Any nonconforming structure or a conforming structure containing a nonconforming use damaged or destroyed by casualty or act of God, may be restored without impairment to any nonconforming status, provided: (1) A building permit for the restoration is obtained within twelve (12) months from the time of the calamity; and completion for occupancy is accomplished within 18 months from the time of the calamity. (2) The size and function of the nonconforming use or structure shall not be expanded. Page 13 of 17  4. Abandonment or change of nonconforming uses. a. Whenever a nonconforming use has been discontinued and changed to a conforming use, or whenever a nonconforming use has been discontinued for more than 12 months attributable, at least in part, to the property owner or occupant, a presumption of intent to cease said use shall have been established and the right to continue the former nonconforming use shall no longer exist. Subsequent operation as a nonconforming use shall be unlawful, unless within 30 days following written notice from the Town to the property owner of the pending loss of the nonconforming status, the property owner shows the Zoning Administrator proof that he did not intend to abandon the use. b. The zoning administrator shall determine whether the use was abandoned or vacated. Where the zoning administrator finds that an abandonment may have occurred, the owner/operator of the use shall have the burden to provide evidence of continuous operation of the use during the time period in question to maintain the nonconforming status. 5. Nonconforming Signs. The provisions for nonconforming signs are set forth in chapter 18.79.070. 1. Nonconforming Uses Exempted. a. As specified in ARS 9-462.02, nothing in this code shall affect existing property or the right to its continued use for the purpose used on July 19, 1995, or prior to annexation, nor to any reasonable repairs or alterations in buildings or property used for such existing purpose, or for any other use of the same or a more restrictive classification. b. A nonconforming business use within any district or zone shall have the right to expansion, provided it does not exceed 100 percent of the area of the original business. Area of the original business is defined as being any land or building, or both, improved for a business purpose. Page 14 of 17  c. The term “business use,” as used in this subsection, shall be limited to the uses described in Chapter 18.42 STC, STC 18.51.030(B) and (C) (I-1 Light Industrial/Warehousing Zone), and 18.53.030(B) and (F) (I-2 General Industrial Zone). 2. Nonconforming Use of Land. The lawful use of land existing at the time this code or any preceding town of Sahuarita zoning ordinance became effective, or on the effective date of any amendment of the text or of the maps hereof, although such use does not conform to the provisions hereof for said land, may be continued, but if such nonconforming use is discontinued for a period of 12 months, any future use of said land shall be in conformity with the provisions of this code. 3. Nonconforming Use of Buildings. a. The lawful use of a building existing on July 19, 1995, or prior to annexation, although such use does not conform with the provisions hereof for such building and such use, may be continued provided no structural alterations, except those required by law or ordinance or permitted by the board of adjustment (Chapter 18.93 STC, Board of Adjustment Variances, Temporary Use Permits and Interpretations) under this code, are made therein. b. If any such nonconforming use is discontinued for a period of 12 months, any future use of said building shall be in conformity with the provisions of this code; provided, that the owner of any building which was under construction or vacant on July 19, 1995, or date of annexation and was designed for a use not in conformity with the zoning classification in which it was located on said date, may, upon application, have a certificate of nonconforming use issued by the zoning administrator within 60 days from July 19, 1995, or date of annexation, which certificate shall establish the nonconforming character of said building for a period not to exceed 12 months from July 19, 1995, or date of annexation. Occupancy of said building by a use permitted under said certificate during said period shall establish said use as a nonconforming use under this subsection. A certificate for an additional period of not more than 12 months may be granted by the board at or before the expiration of the original certificate upon the showing of extreme hardship and that the surrounding area would not be subject to additional damage thereby. 4. Plans for Nonconforming Use. a. Any owner of land zoned under this code shall file in writing with the planning and zoning commission within 180 days after July 19, 1995, or date of annexation, a plan of development for such land, including uses not permitted by the zoning code, and shall be issued a special nonconforming hardship use permit by the board of adjustment for said proposed development, or any part thereof, at any time within two years from July 19, 1995, or date of annexation. Page 15 of 17  b. If any temporary governmental regulation prohibiting the proposed development is in full force and effect during said two-year period, the time limit shall be extended for an additional period equal to the time said governmental regulation is in effect, but no such permit shall be issued more than five years after July 19, 1995, or date of annexation. c. Said plan of development with necessary plans shall show the legal description of the land and the location of proposed buildings and improvements in sufficient detail to determine the conformity or nonconformity of the proposed uses. Any use proposed in any such plan of development shall conform to the minimum standards of the most restrictive zone in which said use would be a nonconforming use under this code. 5. Alteration of Nonconforming Buildings. No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this code for the zone in which located shall be enlarged, extended, reconstructed or structurally altered unless such building and such enlargement, extension, reconstruction and structural alterations, and the further use thereof, conform in every respect with the regulations specified by this code for such zone in which said building is located, except a nonconforming business use as provided in subsection (D)(1) of this section, but nothing in this subsection shall authorize the violation of any setback, health or sanitary law, ordinance or regulation not a part of this code. 6. Destroyed Nonconforming Buildings. a. If, at any time, any building in existence or maintained on July 19, 1995, or date of annexation, and which does not conform to the regulations for the zone in which it is located, shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent of 100 percent of its value, according to the appraisal thereof by competent appraisers, then and without further action by the town council the said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all of the regulations specified by this code for the zone in which such land and building are located. b. In the event a building is destroyed to the extent of 100 percent of its value, the owner thereof shall have the right to rebuild for said use; provided said structure is rebuilt in conformance with the requirements of the most restrictive zone in which said nonconforming use would otherwise be permitted and provided permits for such construction are obtained within three months of the date of destruction and such construction is started within six months of the date of destruction. E. Zoning Clearances. A zoning clearance shall be required for the erection, construction, reconstruction or alteration of any structure, or the change in use of any property or structure, Page 16 of 17  whether or not such activity requires a building permit. [Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 2001-09 §§ 1 – 3; Ord. 1995-06 § 2.] Page 17 of 17