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."

RH Zone purpose statement continued: "is intended to encourage rural development in areas lacking facilities for urban development and to provide for commercial and industrial development only where appropriate and necessary to serve the needs of the rural area.

The proposed asphalt plant is specifically listed as a conditional use in the RH zone. Staff’s interpretation is that the writers of the code considered the RH zone’s purpose statement when creating the list of permitted and conditional uses for the zone; the list of uses is presumed to be “appropriate and necessary.” The Town Attorney has concurred that the listing of a use in the zone takes precedence over a purpose statement when determining whether a use should be allowed or not, and that there is not a conflict in considering the proposed asphalt plant on the subject site through the conditional use permit process. 

There are many land uses listed in the RH zone that serve an area larger than the RH zone itself. For example, agriculture is allowed in the RH zone. Agricultural products grown in the RH zone are not limited to those that would serve Sahuarita’s rural areas. In fact, agricultural products grown in Sahuarita are processed for sale worldwide. When making zoning decisions, staff must apply code interpretations uniformly for all users. If we were to interpret the code as suggested, certain agricultural uses in Sahuarita would be nonconforming due to their consumption outside of the town’s rural area. 

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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