Why didn’t the town just dismiss the application outright?

If staff were to dismiss the application outright, it would be depriving a property owner of due process. The zoning code lists asphalt manufacture as a conditional use in the RH zone and provides a process for review of this use. Staff is constitutionally required to follow the process outlined in the town code so as not to deprive the property owner of their rights and due process. The Town Council is the decision-maker on a Type 3 CUP application such as the Vulcan Materials request; staff does not have the authority to deny the application. 

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1. Why didn’t the town just dismiss the application outright?
2. Has the town already made up its mind to approve this?
3. Why is this taking so long? UPDATED 12/4/2023
4. Why is the Town allowing Vulcan to provide their own studies?
5. If the town decides to approve this, can extra requirements be placed on Vulcan?
6. What is a General Plan?
7. How does the General Plan work in conjunction with the zoning code?
8. How does the Town determine compliance with the General Plan?
9. How can the Town consider approving this application when so many residents are against it?
10. How can this use be allowed when the purpose statement of the RH zone is “to preserve the character and encourage the orderly growth of rural areas in the town."
11. What about the single access to the site crossing the railroad? Isn’t Union Pacific concerned? What about fire access? UPDATED 11/8/2023
12. Why is the town not requiring an EIS?
13. Why doesn’t the town require a Regenerative Thermal Oxidizer (RTO) be installed to control plant emissions? UPDATED 11/13/2023
14. Traffic volumes – how will this affect my daily drive? Won’t this cause undue wear and tear on Old Nogales Highway? UPDATED 11/20/2023
15. Are the emissions going to make me sick?
16. Why can’t the town regulate environmental permits?
17. I heard that the Vulcan property is classified as vacant for tax purposes. Doesn’t this negate their claim that the sand and gravel operation is a legal nonconforming use? UPDATED 11/8/2023