Vote: held

Item Text

6. ARIZONA NATURAL CONCEPTS Case #: Z2020069 Supervisor District: 3 Applicant / Owner: Michelle Green, Lazarus & Silvyn P.C. / Desert Hills III, LLC Request: Interim Special Use Permit (SUP) for the expansion of an existing marijuana dispensary to allow on-site marijuana cultivation for export in a separate building on the same property Site Location: Generally located 1,740’ east of the southeast corner of Carefree Hwy. and 7th Street in the Desert Hills area Commission Recommendation: On 5/13/21, the Commission voted 10-0 to recommend approval of Z2020069 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “ANC Dispensary”, consisting of three full-size sheets, dated March 26, 2021, and stamped received April 6, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Arizona Natural Concepts (ANC)”, consisting of five pages, dated April 2, 2021, and stamped received April 6, 2021, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. The SUP does not appear to have any changes to the existing POD. If the site will have Building Permits that do not reflect the existing POD, provide Engineered Grading and Drainage Plans for the updated POD. 2. The property is within FEMA Zone AE Floodway and FEMA Zone AE Floodplain. Any work on the site will require a Flood Use Permit. 3. Any construction (driveway, utilities, etc.) within Carefree Highway Right-of-Way will require a Maricopa County Department of Transportation (MCDOT) Right-of-Way Permit. 4. No modification to the existing building exterior without an Engineered Grading & Drainage Plan and an updated POD. 5. Without the submittal of a precise plan of development, no new or existing development approval is inferred by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 6. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 7. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. d. This special use permit is valid for a period of ten (10) years and shall expire on June 9, 2031, or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. e. Prior to occupying the existing structure or any portion thereof for any use associated with the Special Use Permit, the applicant shall obtain a Certificate of Occupancy for the retrofitted building prior to occupancy. f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-21-266-X-00)

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