Public Hearings 8.
Regular Board of Supervisors Meeting - 10:00 am
Development Services
- Meeting Date:
- 11/18/2025
- Title:
- SUA25-04 (Appeal of Planning and Zoning Commission Decision)
- Submitted By:
- Matthew Taylor, Development Services
- Department:
- Development Services
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Matthew Taylor
TITLE
of PRESENTER:
of PRESENTER:
Planning Manager
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
SUA25-04
Information
Agenda Item Text:
Approve, deny, modify, or remand Docket SUA25-04 an appeal by Bennie and Janell Schmidt (applicants) of the Planning and Zoning Commission's denial of Docket SU25-14, a Special Use Authorization request to allow a 30-space recreational vehicle park on tax parcel 104-34-010A along S. Hereford Road in Palominas (Supervisor District 1).
Background:
The appellants, Bennie and Janell Schmidt, filed an appeal on September 25, 2025, against a decision made by the Cochise County Planning and Zoning Commission. On September 10, 2025, the Commission failed to approve Docket SU25-14, a Special Use Authorization request to allow a 30-space recreational vehicle park on tax parcel 104-34-010A in Palominas. The parcel totals about 30 acres and is zoned RU-4 (Rural District, one dwelling per 4 acres). The proposed use requires special use approval in rural zoning districts per Section 2.15.070 of the Zoning Regulations.
The Board of Supervisors hears appeals of Special Use Authorization decisions made by the Planning and Zoning Commission at a duly noticed public hearing. Following deliberations, the Board shall either affirm, reverse, or modify the decision of the Planning and Zoning Commission. The Board may also remand the Special Use request back to the Commission upon determining that additional evidence or testimony is necessary for a proper decision or because new information has been submitted by the appellants that was not reasonably available at the time of the Commission's public hearing.
The Board of Supervisors hears appeals of Special Use Authorization decisions made by the Planning and Zoning Commission at a duly noticed public hearing. Following deliberations, the Board shall either affirm, reverse, or modify the decision of the Planning and Zoning Commission. The Board may also remand the Special Use request back to the Commission upon determining that additional evidence or testimony is necessary for a proper decision or because new information has been submitted by the appellants that was not reasonably available at the time of the Commission's public hearing.
Department's Next Steps (if approved):
If the Board approves the appeal or modifies the Commission's decision and allows the recreational vehicle park, the applicant must provide the case planner signed and notarized Acceptance of Conditions and Diminution Waiver forms within 30 days and obtain the required permits.
Impact of NOT Approving/Alternatives:
Approval of the appeal reverses the Commission's decision, authorizing the special use. Denial of the appeal affirms the Commission's decision. The Board may also modify the Commission's decision, approving the special use by adding, deleting, or amending conditions. Lastly, the Board may remand the special use item back to the Planning and Zoning Commission for further consideration.
To BOS Staff: Document Disposition/Follow-Up:
None.
Fiscal Impact
Attachments
- Staff Presentation
- Staff Memo
- Application
- Commission Meeting Minutes
- Publication Affidavit
- Public Input