Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Steve Gallardo	yes

$10.00A3. Temporary Construction Easement B. Ocotillo Road (148th St. to Greenfield): – WJItem #: D24628 – Project #: TR221 – APN: 304-76-194 – Harold T and Yvette Cooper B1. Purchase Agreement and Escrow InstructionsB2. Warranty Deed – for the sum of $29,983.00B3. Temporary Construction Easement C. Ocotillo Road (148th St. to Greenfield): – WJItem #: D24606 – Project #: TR221 – APN: 304-71-100L – Skylar and Joanna Stewart, as Co-Trustees of the S&J Family Trust dated September 1, 2018 C1. Purch

Item Text

10. THE FLOWER SHOP Case #: Z2022003 Supervisor District: 1 Applicant & Owner: Andrew Yancy of Bergin, Frakes , Smalley & Oberholtzer , PLLC / Elliot Holdings, LLC Request: Major Special Use Permit Amendment in the C-2 zoning district for the expansion of an existing marijuana establishment onto adjacent parcel and to include the sale of extracted product to third party, off-site licensed dispensaries on the adjacent parcel Site Location: Generally located 400’ west of the SWC of Elliot Rd. and I-10 Maricopa Frwy. in the Phoenix area Commission Recommendation: On 9/22/22, the Commission voted 8-0, to recommend approval of Z2022003 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “The Flower Shop”, consisting of five full-size sheets, dated July 27, 2022, and stamped received August 3, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “The Flower Shop”, consisting of 15 pages, dated August 2, 2022, and stamped received August 2, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Review of planning and/or zoning cases is for conceptual design only. 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. 2. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 3. The subject premises is located within the County’s Urbanized Area and will disturb more than one acre (Common Plan of Development). A Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), shall be required prior to issuance of any building permits required for site development. d. This special use permit shall expire on October 19, 2032, or upon termination of the use for a period of 90 or more days, whichever occurs first. Any buildings and improvements on the site may remain in place, but the use for which this Special Use Permit was approved shall not continue. e. A recorded lot combination document must be submitted with subsequent building permit applications. f. The east Sight-Visibility-Triangle of the central driveway shall have a dimension of 6½’ by 6½’ and the west Sight-Visibility-Triangle of the east driveway shall have a dimension of 19’ by 19’. g. Minimum south front yard along the private street shall be three feet. h. Maximum height for freestanding signs shall be 32’. i . Any applicable conditions of approval of Special Use Permit Z2018070 and Major Special Use Permit Amendment Z2020047 shall be maintained. j. 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. k. 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-44-23-104-X-00)

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