Why is the Town allowing Vulcan to provide their own studies?

The development review process requires applicants to conduct and submit their own studies – traffic studies, drainage studies, etc. Town staff, or in some cases third-party consultants, review these studies for accuracy and best practices. Staff may comment or make recommendations for changes to an application based on what the studies say. Studies are prepared by licensed professionals who put their seals on their work and may incur liability if any portion of the study is found to be incorrect or falsified.  

In this case, Town staff has heard the concerns of the public related to Vulcan’s paid consultant performing the air modeling study. It is important to note that the air model is driven by the specific parameters entered into the model. Vulcan will have to disclose all parameters entered into their model. Ninyo & Moore, the Town’s third-party consultant, will review this study and agree or disagree on the parameters entered by Vulcan. If we agree with the parameters used, then we agree with the results of the model. If the Town were to conduct its own study, we would get the same results as Vulcan. However, the Town will be commissioning an additional third-party reviewer to review the Vulcan study to confirm that the industry’s best practices are being utilized and to review staff and Ninyo & Moore’s recommended impact-mitigating conditions to ensure that practical and innovative solutions are being recommended.  

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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