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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: June 9, 2021 Case #/Title: Z2020069 – Arizona Natural Concepts Supervisor District: 3 Applicant/Owner: Michelle Green, Lazarus & Silvyn P.C. / Desert Hills III, LLC Request: Interim Industrial 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 Site Size: Approximately 7.7 acres County Island Status: Yes (City of Phoenix) Additional Comments: There is no known opposition. There are no outstanding concerns from reviewing agencies. The applicant is requesting an Interim Industrial Special Use Permit (SUP) for the expansion of an existing marijuana dispensary facility to include on-site marijuana cultivation for export in an adjacent building on the site in the C-2 (Intermediate Commercial) zoning district. The site is within the Municipal Planning Area of the City of Phoenix and is designated Residential (0-2 du/ac) in the City’s General Plan. As of the date of writing this report, staff have not received any comments from the City of Phoenix concerning this request. 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. June 9, 2021 Z2020069 Page 1 of 3 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. June 9, 2021 Z2020069 Page 2 of 3 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. Presented by Martin Martell, Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachment: 5/13/21 P&Z Packet (20 pages) Note: 5/13/21 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. June 9, 2021 Z2020069 Page 3 of 3 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2020069 – Arizona Natural Concepts Hearing Date: May 13, 2021 Supervisor District: 3 Applicant: Michelle Green, Lazarus & Silvyn P.C. Owner: Desert Hills III, LLC Request: Interim Industrial 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 Site Size: Approximately 7.7 acres Density: N/A County Island: Yes (City of Phoenix) County Plan: Daisy Mountain/New River Area Plan – Rural Densities (0-1 du/ac) and Carefree Hwy. Scenic Corridor Municipal Plan: Phoenix 2015 General Plan – Residential (0-2 du/ac) Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2020069 Page 1 of 8 Project Summary: 1. The applicant is requesting an Interim Industrial Special Use Permit (SUP) for the expansion of an existing marijuana dispensary facility to include on-site marijuana cultivation for export in the C-2 (Intermediate Commercial) zoning district. The 7.7-acre site is located at 1039 E. Carefree Hwy., which is 1,740-feet east of the southeast corner of 7th St. and Carefree Hwy. in the Desert Hills area. The site is made up of two separate buildings, with a 10,680 square foot east building with existing businesses (including Arizona Natural Concepts Dispensary) and a 16,147 square foot west building that has been empty for many years. Besides the existing marijuana dispensary, the east building also has a pool company and animal clinic. In addition, there is a 320 square foot shipping container along the west property line for storage and a 306 square foot pump house for the adjacent storm water retention tanks. 2. The SUP proposal is to utilize the existing empty west building for a marijuana cultivation facility that will not be open to the public. The west building will not have any outdoor seating, customer service window or customer delivery from the proposed marijuana cultivation facility. Once the operation is in full swing, there will be on average 225 – 285 pounds of marijuana produced on site yearly, depending on strains of cannabis grown on site. An average of 80 percent of the marijuana will be grown for export to other dispensaries throughout the state and an estimated 20 percent will be for Arizona Natural Concepts Dispensary. The facility will abide by A.R.S §36-2804c, regarding adequate security measures. Entry into the west building will be secured via electronically controlled doors and will be limited only to employees certified by the State of Arizona. The proposal also has an odor control suppression plan using a closed-loop HVAC circulation system with an extensive filtration device. Currently, the existing dispensary has 16 full-time employees and 16 part-time employees for a total of 32 staff members. The new cultivation facility will employee four full-time and four part-time staff members for a total of eight employees. However, depending on harvest amounts additional seasonal workers may be added to the work force for trimming and packaging of the marijuana. 3. Access to the site is by the main driveway between the east and west buildings of the site. South of the west building, where the cultivation will take place, there will be a new driveway and parking area with 21 parking spaces (four of which will be ADA accessible spaces). The main secure entry door will be located adjacent to the new western parking area. In addition, the plan is to add 13 parking spaces to east side of the west building. Once the new parking areas are constructed on the site there will be a total of 116 parking spaces, which is eight more spaces than what is required for commercial uses with 26,827 square feet of floor space (26,827 SF/250=107.3 or 108)). Since there will be eight extra employees for the cultivation facility the site’s parking area will adequately provide enough spaces with this proposed development. 4. The property’s current C-2 zoning was changed from Rural-43 on January 13, 1988 (Z 87- 04). Moreover, the site had a Plan of Development zoning overlay added to the site for the construction of the existing east building of the Desert Hill Center on August 15, 1991 (Z 91-38). In 2013, the construction of the west building, approved by Z91-38, took place. Thereafter, the property had a zoning variance approved by the Board of Adjustment to remove the required screening of the lot’s perimeter due to the active wash crossing the property’s southern area (BA 94-028). In 2018, Arizona Natural Concepts began operations as a medical marijuana dispensary in the east building of the Desert Hills Z2020069 Page 2 of 8 Center. According to Section 804.2.45 of the Zoning Ordinance, a marijuana dispensary (both medical marijuana and/or recreational marijuana) is an allowed use in the C-2 zoning district, provided the facility is placed 1,500 feet away from any church, elementary/secondary school, day care center, preschool, children nursery, kindergarten, adult oriented facility, or any other marijuana dispensary. When this medical marijuana facility was established in 2018, and even up to today, the facility meets the 1,500-foot buffering requirements outlined in the Zoning Ordinance. In 2019, permits were issued for the renovation of the existing west building where the proposed off-site cannabis cultivation will take place (B201911211). After the purchase of the site’s empty west building;, however, staff discovered that the proposed use of the structure will require a SUP or zone change to an industrial zoning district, prompting the applicant to apply for the subject SUP for interim industrial on August 12, 2020. Presently, construction on the site’s west building is nearing completion and a Certificate of Occupancy is pending the result of this SUP request. Z2020069 Page 3 of 8 Excerpts from Site Plan Z2020069 Page 4 of 8 Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: C-2 / Retail North: Rural-43 / Natural desert South: Rural-43 / Single-family residence East: Rural-43 / Natural desert West: Rural-43 / Natural desert Utilities and Services: 6. Water: Town of Cave Creek Wastewater: Septic system School District: Deer Valley Unified School District Fire: Daisy Mountain Fire District Police: MCSO Right-of-Way: 7. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Carefree Hwy. 65-feet Principal Arterial Adopted Plans: 8. Daisy Mountain/New River Area Plan (adopted November 20, 2019): This area plan designates the site as Rural Densities, which promotes low-density single family homes at or below one home per acre where the natural environment may determine a home’s Z2020069 Page 5 of 8 location and access to avoid disruption of natural washes and steeper slopes. The designation also recognizes that public water and sewer services may not be available, and access to law enforcement, fire protection, schools, and parks may be limited. 9. Additionally, the property is located within the Carefree Highway Scenic Corridor, which was designated as a scenic corridor in 1999 and further quantified in a study done by staff in 2008. This scenic corridor is a quarter mile on either side of the centerline of Carefree Hwy. from 7th Ave. to 28th St. in the County. Moreover, this scenic corridor outlines specific guidelines for development adjacent to the roadway that protects and promotes the scenic qualities of the area. Since this proposal will be utilizing an existing building and site that was developed prior to the 2008 Carefree Highway Scenic Corridor Study and the updated Daisy Mountain/New River Area Plan, the recommended design guidelines of the scenic corridor are not applicable to this SUP request. 10. City of Phoenix 2015 General Plan (adopted 2015): The General Plan designates the property as Residential 0-2 du/ac. The purpose of this designation is to provide for very low-density residential land uses and preserve low density areas in their present or desired character. Public Participation Summary: 11. The applicant complied with the Maricopa County Citizen Review Process with the required posting of the site and notification by first class mail to adjacent property owners within 300-feet of the subject parcel and interested parties. The applicant submitted a Citizen Participation Results Report on April 2, 2021 that addressed steps took to notify residents and how the applicant addressed any concerns received to their SUP request. On August 26, 2020, the applicant held a meeting with New River Desert Hills Community Association, where the Association was pleased that the west building of Desert Hills Center was being revitalized and were supportive of the proposal. On September 10, 2020, the applicant and property owner held an open house at Arizona Natural Concepts Dispensary. During the open house several neighbors attended asking questions about the proposal, but no one voiced any opposition to the SUP request. Since the writing of this staff report, staff has not received any support or opposition to the SUP request. Outstanding Concerns from Reviewing Agencies: 12. There are no outstanding concerns from reviewing agencies. The City of Phoenix was notified of this SUP request, but as of the writing of this report, staff have not received any comments or concerns. Staff Analysis: 13. Staff supports this Interim Industrial SUP request for a period of ten years (maximum duration permitted by ordinance). Although an intense land-use such as on-site cultivation for export would be better suited in an industrial zoning district, a SUP with time limits will allow for an opportunity to evaluate the request in the future if this SUP is renewed after the ten year time limit. Moreover, the business owner has ensured that measures will be placed to eliminate access to the general public, strong security measures, new parking area, and odor suppression that will minimize this land-use’s intensity. Finally, the Z2020069 Page 6 of 8 revitalization of the west building on this site that has been in an empty and deteriorating state for many years will have a positive aspect to the surrounding area. Recommendation: 14. For the reasons outlined in this report, staff recommends the Commission motion for Approval, 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 Z2020069 Page 7 of 8 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. Presented by: Martin Martell, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 3 pages) Narrative Report (1 pages) MCESD comments (1 page) DPR comments (2 pages) Z2020069 Page 8 of 8 MARICOPA COUNTY Application Name: Arizona Natural Concepts EDR PSEI Legal Description T05N R03E 9, TT5N RR3E 09 Applicant Applicant Phone/Email Michelle Green for Lazarus & Silvin P.C. 602.340.0900 mgreen@lslawaz.com Z2020069 Case Address Parcel Primary: 211-74-013 1039 E CAREFREE Hw y PHOENIX AZ 85085 Generated April 20, 2021 09:59 AM Gross Acres: 4.48 approx. Map scale 1:1,475 Supervisor District No. 3 SUP TO ALLOW CULTIVATION FOR OFF-SITE EXPORT Maricopa County Planning & Development - Phoenix, AZ / EAST BUILDING: 10,680 SF WEST BUILDING (CULTIVATION): 16,147 SF SITE PLAN STORAGE CONTAINER: 320 SF PUMP HOUSE: 306 SF TOTAL: 27,453 SF Z2020069 - ARIZONA NATURAL CONCEPTS OFF ON - SITE CULTIVATION FOR EXPORT 4425 E Agave Road, Suite #1 SPECIAL USE PERMIT REQUEST Phoenix, Arizona 8504 Tel: 480.659.674 www.taylorfracasse.co EAST BUILDING this drawing is a legal instrument of design services and shall re the sole property of Taylor:Fracasse Architecture, INC. and not be reproduced, altered, or copied in whole or p without the express written permission of Taylor:Fraca Architecture, INC. it may be used only for the original purpose inten Taylor:Fracasse Architecture,INC. c 2021, all rights reser 03.26.21 OVERALL SITE PLAN Expires 12-31-21 · · · EXST'G ANC DISPENSARY ANC DISPENSARY THIS SPACE, THIS SPACE, SUITE D SUITE D STORAGE SHED PARKING AREA Y R A PUMP HOUSE S N E P OVERFLOW PARKING S B I A1.1 D C N A A ANC DISPENSARY SUITE D A1.1 ISSUE DATE: 03.26.21 JOB NUMBER: 21-009 SCALE: AS NOTED DRAWN: BF CHECKED: BF OVERALL EXST'G SITE PLAN OVERALL BUILDING FLOOR PLAN TITLE: SITE PLAN, NOTES EAST BUILDIGN SITE PLAN A1.0 ISSUED FOR REVIEW WEST BUILDING SITE PLAN SITE PLAN Z2020069 - ARIZONA NATURAL CONCEPTS OFF ON - SITE 4425 E Agave Road, Suite #1 Phoenix, Arizona 8504 CULTIVATION SPECIAL USE PERMIT REQUEST Tel: 480.659.674 www.taylorfracasse.co this drawing is a legal instrument of design services and shall re the sole property of Taylor:Fracasse Architecture, INC. and not be reproduced, altered, or copied in whole or p without the express written permission of Taylor:Fraca Architecture, INC. it may be used only for the original purpose inten Taylor:Fracasse Architecture,INC. c 2021, all rights reser 118' 03.26.21 137' SOUTHEAST PARKING SITE PLAN Expires 12-31-21 16,147 SF WEST BUILDING Y R A S STORAGE CONTAINER 320 SF N E P S I D C LOAD N A PARKING AREA PUMP HOUSE 306 SF ISSUE DATE: 03.26.21 JOB NUMBER: 21-009 SCALE: AS NOTED DRAWN: BF CHECKED: BF TITLE: ENLARGED SITE PLAN ENLARGED PARKING PLAN - WEST ENLARGED PARKING PLAN - EAST A1.1 ISSUED FOR REVIEW Z2020069 - ARIZONA NATURAL CONCEPTS SPECIAL USE PREMIT APRIL 30, 2021 PROJECT PROJECT DATA DATA WEST BUILDING ANC MARIJUANA CULTIVATION EAST BUILDING ANC DISPENSARY STOARAGE CONTAINER 320 SF PUMP HOUSE 306 SF 1" = 60' LEGAL DESCRIPTION OVERALL SITE PLAN Arizona Natural Concepts (ANC) Special Use Permit Narrative Location: 1039 E. Carefree Highway 1,700ft. east of the SEC of Carefree Hwy & 7th St. in the Phoenix Area Zoning Case No. Z2020069 Submitted: July 20, 2020 January 14, 2021 April,2 2021 PURPOSE OF REQUEST: Lazarus & Silvyn P.C. now represents the Applicant DESERT HILLS III LLC, the property owner for the recently opened medical marijuana dispensary and on-site cultivation facility located at 1039 E Carefree Highway (the “Property”). The purpose of this application is to request a Special Use Permit (“SUP”) to allow cultivation for export on the Property. Specifically, we are requesting a use permit in accordance with section 1301.1.22 of the Maricopa County Zoning Ordinance which allows for an interim industrial use in a C-2 zone for a period of not more than 10 years. BACKGROUND: The property is zoned C-2 which allows for the dispensary and cultivation to supply the onsite dispensary. The export of cultivated products requires a use permit in accordance with Section 1301.1.22 of the Maricopa County Zoning Ordinance. This dispensary has been operating, without issues, since 2018. On May 28, 2020, the interior of the building was modified in accordance with building permit #B201911211. The purpose of the modification was to provide space for cultivation to serve the existing dispensary. The Property consists of two buildings. The east building is currently home to Arizona Natural Concepts (“ANC”) dispensary. In addition, a pool contractor and animal clinic are in the east building. The west building began construction in 2014. To date, the west building has remained only partially constructed and an eyesore for the area. Various uses have been proposed over the years, including a banquet hall, with construction beginning and stopping numerous times. Due to the partially constructed status, the site has been subject to multiple code violations, all of which have been closed and the issues have been resolved. On January 27, 2020, Desert Hills III LLC purchased the partially constructed building and property. DESCRIPTION OF PROPOSAL: It is anticipated that cultivation will produce more product than can be sold at the on-site dispensary. We therefore are requesting a SUP to allow for export of the excess product. The total square footage of the west building is 16,339. As required by the Arizona Department of Health Services, the building is designated for a cultivation business. Other than finishing the existing building exterior and completing the interior, no additional building permits are anticipated. We have confirmed that no amended plan of development application is necessary since the existing building footprint remains unchanged and the existing parking area provides an excess of the ordinance required spaces. Since the cultivation facility is not open to the public, there are no publicly established hours of operation. We anticipate that the hours of operation will generally align with the existing Page 2 of 5 dispensary store that are currently 9AM to 9PM. LOCATION & ACCESSIBILITY: The business is located at 1039 Carefree Highway. This portion of Carefree Highway is transitioning from vacant rural uses to more traditional commercial and employment uses along both sides of the street. To the west of the site, across a dry wash, is zoned C-2. Across Carefree Hwy, there are various commercial uses, including a restaurant. To the east, is a cactus farm. There are retail shopping areas located approximately one-quarter mile to the west. Onsite, within the Desert Hills Center, there are two buildings -an existing and fully occupied building on the east and a partially complete building on the westernmost part of the property. As mentioned above, the east building is occupied with an animal clinic, a pool contractor, and the dispensary. Access to the property is directly from Carefree Highway. There are two existing driveways on site – at the northeast corner and at the center of the property between the two buildings. Exiting of the property is restricted to right-turn only due to the center aisle median on Carefree Hwy. There are nine extra parking spaces than what is required under the zoning ordinance, which is 107 parking spaces (1:250 SF of floor space for commercial uses). RELATIONSHIP WITH SUPRROUNDING USES: The subject building is ideally situated for use as a cultivation for export site. Approval of this SUP will have no measurable effect on existing traffic in the area. All operations happen indoors in a building inaccessible by the public, there will be no obvious changes to the public other than the completion of an unsightly unfinished building with a complicated building past. Cultivation is a low intensity use. In fact, it is a substantially lower impact use than what has already been approved for this building – a wedding and banquet hall. There will be no loud music, crowds, late night events or parking issues associated with the proposed use. The cultivation facility will result in a significant decrease in intensity of use compared to a wedding banquet hall for the adjacent commercial users as well as the surrounding community. In addition, approval of this special use permit allows for a reasonable use of the existing building that has a low impact and low traffic impact. Page 3 of 5 CIRCULATION SYSTEM: No improvements or dedications are required. Access to the property will utilize existing driveways and street improvements. Since the use does not increase the intensity of use for the property, and is not open for public access, there will be a no negative impact on Carefree Highway warranting additional improvements or dedications. COMPLIANCE WITH REQUIRED SEPARATIONS: We continue to meet the required separation requirements to other medical marijuana facilities. There are no schools, churches, playgrounds, day care facility, park, adult business, or other medical marijuana facility within the required 1,500- foot buffer for medical marijuana facilities of this site. A survey was conducted to verify this and was submitted with the application. IMAPCT ON SURROUNDING PROPERTY: The facility will not be open to the public. There will be no signage indicating the use within the building, nor entrances with open access. Since access will be secured via electronically controlled doors, the facility is strictly limited only to employees certified by the State of Arizona. Hours of operation generally coincide with the on-site dispensary, but security and other employees may be onsite as is necessary for the facility operation. An odor control suppression plan has already been approved by the County as part of our recently issued building permit. As part of this plan, the ventilation system includes state-of-the-art technology features such as closed-loop HVAC circulation with extensive filtration systems. As such, the facility will not result in an adverse impact on surrounding properties, or the general public in the form of emissions of odor, dust, gas, noise, vibration, smoke or heat. We are requesting a ten-year period for the special use permit. DEVELOPMENT SCHEDULE: No phasing is planned for this project. Build out is currently in progress and anticipated to be completed in August 2021. Use of the building will be in accordance with the provisions of this Special Use Permit, the Arizona Department of Health Services, and the Maricopa County Zoning Ordinance. All construction will be conducted in conformance with the existing approved plan of development, the conditions adopted as part of this SUP approval and the building permit of record. COMMUNITY FACILITES, PUBLIC UTILITIES & SERVICES: Approval of this Special Use Permit will not result in the need for additional schools, parks or other public amenities since the facility will not result in an increase in residential units. As mentioned above, the building will not be accessible or open to the public. There is an on-site sewage control system. In conjunction with the already approved building permit, the existing septic system has been reviewed and deemed acceptable for this proposal. Page 4 of 5 Fire and security monitoring systems have already been approved for this use. These allow for continuous, 24-hour per day monitoring. Security systems and fire prevention systems meet or exceed all county and state requirements. SUMMARY: We respectfully request approval of a 10-year Special Use Permit allowing for cultivation export to off-site facilities. We are not proposing to vary and development standards in this Special Use Permit request. The cultivation represents a substantial investment for the existing business and the requested ten-year period would provide adequate assurances for this capital improvement. We understand that a special use permit is a conditionally granted use and subject to revocation if we do not operate as required by our approval. This proposal will have no negative impact on the surrounding properties or the general public. The site is appropriate for this use and will be managed in conjunction with the on-site dispensary operator. Approval of this application would allow for employment opportunities in this community and support the local community by providing for locally owned and grown medical marijuana to be sold at the adjacent and nearby dispensaries. Page 5 of 5 Maricopa County Planning & Development Department Date: 09/08/2020 Jeri Loucks, P.E.C.F.M. Planning & Development 501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Phoenix, Arizona 85008 Phone: (602) 506-6332 Development Fax: (602) 506-3282 www.maricopa.gov/planning Email address: Attn: Martin Martell, Planner, Planning & Development Services JeriLoucks@mail.maricopa.gov From: Jeri Loucks, P.E.C.F.M., Plans Examiner Engineer (Drainage), Planning & Development Services cc: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Subject: Z2020069 – Special Use Permit (SUP) without Change to Plans of Development – Arizona Natural Concepts (E1 Memo) Job Site Address: 1039 E CAREFREE Hwy, PHOENIX, AZ 85085 APN(s): 211-74-013 This application is to specify zoning for existing and future development and does not include a Plan of Development. Engineering plan review (DPR, FCD and PND Transportation) has reviewed the Zone Change application routed 08/12/2020, and has no objections to this application provided any approval includes the following stipulations: 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 in 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. Any approval of this case should include the following standard stipulations: 4. A single Plan of Development must be submitted to include the indoor storage facility. The Plan of Development application must include an engineered grading and drainage plan and a signed and sealed Traffic Study/Statement. 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. Please contact me if you have any questions or require any additional information. Maricopa County Environmental Services Department Water and Waste Management Subdivision Infrastructure & DATE: August 12, 2020 Planning Program 1001 N. Central Avenue #150 Phoenix, Arizona 85004 TO : Martin Martell, Planning & Development Dept. Phone: (602) 506-1058 Planner Fax: (602) 506-5813 TDD 602 506 6704 FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Arizona Natural Concepts EDR. Z2020069 The Maricopa County Environmental Services Department (MCESD) has reviewed documents received from the Maricopa County Planning and Development Department for the above referenced project. This project requests a Arizona Natural Concepts EDR at APN# 211-74-013. Water and sewer providers are not disclosed, MCESD has no concerns. Based on the above, MCESD raised no objection to this project to the Planning & Development Department in Accela Automation on August 12, 2020 and the project may proceed at this time subject to the following stipulations: Stipulations: None. It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application.