Vote: approved

Item Text

18. TRULIEVE DISPENSARY HAPPY VALLEY (Supervisorial District: 4) Case #: Z260015 Applicant and Owner: Ian Braun & Aaron Heise, Civil Design & Engineering, Inc. Request: Zone Change Modification of Conditions – amendment to the C-2 CUPD zoning district’s development standards Site Location: Generally located approx. 400’ south of the SWC of 115th Ave. & Happy Valley Pkwy. in the Peoria area Commission Recommendation: On 6/11/26, the Commission voted 4-2 (motion by Commissioner Toma D4, seconded by Commissioner Leighton D4) to adopt a motion recommending the Board of Supervisors deny Z260015. In the event the Board motions for approval of Z260015, staff suggests conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Overall site Plan“, consisting of 1 full-size sheets, dated December 12, 2022 and stamped received December 12, 2022, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “SWC 115th Ave and Happy Valley Road”, consisting of 17 pages, dated December 12, 2022 and stamped received December 12, 2022; and with the modified narrative report entitled, “Narrative for Commercial Development and Trulieve Dispensary,” consisting of eight (8) pages, dated May 11, 2026, and stamped received May 12, 2026; except as modified by the following conditions. c. The following Planning Engineering Conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed site layout, 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. 2. An updated traffic impact study addressing MCDOT’s comments must be submitted with future entitlement (POD) application(s). 3. Engineering review of re-zone cases is conceptual in nature. 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. d. The following CUPD standards shall apply: 1. Uses Permitted: a. Uses allowed in C-1 b. Automobile laundry c. Drive-in restaurants & refreshment stands d. Restaurants & cafes including patios, cocktail lounges, and outside dining and drinking areas e. Retail stores f. Self-storage facilities g. Medical Marijuana Dispensary Facilities and/or Marijuana Establishments as defined in Chapter 2 of the MCZO and subject to all rules adopted by the Arizona Department of Health Services. h. Accessory uses incidental to the above 2. Min. setback of speaker box to rural or residential zoning districts: 50’ 3. Min. site screening: 3’ parking screen wall e. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. 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, 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, 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 of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-27-002-X-00)

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