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October 7, 2020
Z2020047
Page 1 of 2
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
October 7, 2020
Case #/Title:
Z2020047 - The Flower Shop
Supervisor District:
1
Applicant:
Carolyn Oberholtzer, BFSO Law
Owner:
Grace Capital Investment Corporation
Request:
Modification of conditions to a Special Use Permit (Z2018070)
to amend condition ‘c’ – for an interim industrial use related
to a medical marijuana facility in the C-2 zoning district
Site Location:
Generally located on the southeast corner of Elliot Road and
Interstate 10
Site Size:
32,975 sq. ft.
County Island Status:
Yes, Phoenix
Additional
Comments:
The applicant requests to amend condition ‘c’ to extend the
existing Special Use Permit (Z2018070) for a period of 10 years.
The subject property is located within the rural development
area (0-1 du/ac) land use and in the City of Phoenix General
Plan as a commercial land use. As an interim industrial use
with a ten-year timeframe, the SUP will have no adverse
impact on the Comprehensive Plan or the City of Phoenix
Municipal Plan. No comments were received from relevant
municipalities. There is no known opposition.
October 7, 2020
Z2020047
Page 2 of 2
Commission
Recommendation:
On 09/10/20, the Commission voted 6-0 to recommend
approval of Z2020047 subject to conditions ‘a’ – ‘e’:
a. Development of the site shall be in general conformance with the Site Plan entitled
“Sky Extraction Facility SUP Interim Industrial”, consisting of 1 full-size sheet, dated
August 8, 2018, and stamped received August 17, 2018, except as modified by the
following conditions.
b. Development of the site shall be in general conformance with the Narrative Report
entitled “The Flower Shop”, consisting of 11 pages, dated July 8, 2020, and
stamped received July 20, 2020, except as modified by the following conditions.
c. This Special Use Permit shall expire on October 7, 2030, or upon termination of the
use for a period of 90 days, whichever occurs first.
d. 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.
e. 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:
Jose Castañeda, Planner
Reviewed by:
Darren Gerard, AICP, Planning Manager
Attachment:
09/10/20 P&Z Packet (21 pages)
Note:
09/10/20 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2020047
Page 1 of 5
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2020047 - The Flower Shop
Hearing Date:
September 10, 2020
Supervisor District:
1
Applicant:
Carolyn Oberholtzer, BFSO Law
Owner:
Grace Capital Investment Corporation
Request:
Modification of conditions to a Special Use Permit (Z2018070) to
amend condition ‘c’ – for an interim industrial use related to a
medical marijuana facility in the C-2 zoning district
Site Location:
Generally located on the southeast corner of Elliot Road and
Interstate 10
Site Size:
32,975 sq. ft.
Density:
N/A
County Island:
Yes (Phoenix)
County Plan:
Rural Development Area (0-1 d.u./a.c.)
Municipal Plan:
Phoenix – Commercial
Municipal Comments:
None Received To Date
Support/Opposition:
None Received To Date
Recommendation:
Approve with conditions
Z2020047
Page 2 of 5
Project Summary:
1.
The proposed request is to amend condition ‘c’ to extend the existing Special Use Permit
(Z2018070) for a period of 10 years for Interim Industrial to allow medical marijuana
extraction for sale to third party licensed dispensaries. The site is currently zoned C-2 and
improved with a 15,360 square-foot, two-story building constructed in 1983. The tenant
has been operating a medical marijuana dispensary on the property for over 5 years
under the Sky Dispensaries/The Flower Shop brand. When construction is completed, the
extraction facility will operate as approved during normal dispensary business hours from
7:00 am to 10:00 pm Monday through Sunday. The dispensary currently employs 16 full-
time positions and the extraction facility will add 5 employees.
2.
The medical marijuana dispensary operation was established with a plan of
development (POD) (LU20140006), approved on February 6, 2014 and Certification of
Occupancy (B201402496), issued on June 6, 2014. The POD was amended (LU20180064),
approved on July 30, 2018 to establish the medical marijuana extraction use for on-site
sales. On October 24, 2018, the Maricopa County Board of Supervisors approved Special
Use Permit Z2018070 for interim industrial to allow medical marijuana extraction for sale to
third party licensed dispensaries. Staff had recommended the SUP for a 10-year period.
Sup. Barney, Dist. 1 had concern with the special use despite lack of any public
opposition and motioned for a 2-year SUP. Building renovation related to the proposed
extraction operations has essentially consumed the entire allotted SUP validity period. A
longer SUP is necessary for the amended use to be established and operate.
2020 Aerial Image
Z2020047
Page 3 of 5
Zoning
Site Plan Excerpt
Z2020047
Page 4 of 5
Existing On-Site and Adjacent Zoning / Land Use:
3.
On-site:
C-2 SUP/ Medical Marijuana Facility
North:
Major Arterial then City of Phoenix Jurisdiction
South:
C-2 / Vacant
East:
C-2 / Four Points Hotel
West:
C-2 / Vacant Building
Utilities and Services:
4.
Water:
City of Phoenix
Wastewater:
City of Phoenix
School Districts:
Kyrene Elementary School District/Tempe Union High School District
Fire:
Rural Metro
Police:
MCSO
Adopted Plan:
5.
City of Phoenix General Plan – The site is located within a county island, adjacent to the
City of Phoenix, Awhatukee Foothills Village. The City’s land use designation for this area
is commercial within the current C-2 zoning district.
Public Participation Summary:
6.
The applicant complied with the Maricopa County Public Participation Process with the
required posting of the property and notification to the adjacent property owners within
300’ of the subject site and interested parties. Additionally Staff through the Technical
Advisory Committee (TAC) Staff sent case materials to interested parties and has not
received any calls or correspondence to the request. There is no known opposition.
Outstanding Concerns from Reviewing Agencies:
7.
Staff received a letter from the Arizona Dept. of Transportation, dated June 19, 2020. The
letter provided corrections to the narrative report. Applicant revised narrative per
comments provided.
Staff Analysis:
8.
The request by the applicant to amend conditions ‘b’ and ‘c’ of Z2018070 to update the
project narrative and extend the SUP for 10 years is supported by staff as there has been
no violations or opposition recorded and the medical marijuana facility has been in
operation for over 10 years. Below is the staff’s proposed change to conditions ‘b’ and
‘c’:
b.
Development of the site shall be in general conformance with the Narrative Report
entitled “Sky Extraction SUP Interim Industrial Project Narrative The Flower Shop”,
consisting of 13 11 pages, dated August 17, 2018 July 8, 2020, and stamped
received July 20, 2020, except as modified by the following conditions.
Z2020047
Page 5 of 5
c.
This Special Use Permit shall expire on October 24, 2020 7, 2030, or upon termination
of the use for a period of 90 days, whichever occurs first.
Recommendation:
9.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘e’.
a.
Development of the site shall be in general conformance with the Site Plan entitled
“Sky Extraction Facility SUP Interim Industrial”, consisting of 1 full-size sheet, dated
August 8, 2018, and stamped received August 17, 2018, except as modified by the
following conditions.
b.
Development of the site shall be in general conformance with the Narrative Report
entitled “The Flower Shop”, consisting of 11 pages, dated July 8, 2020, and
stamped received July 20, 2020, except as modified by the following conditions.
c.
This Special Use Permit shall expire on October 7, 2030, or upon termination of the
use for a period of 90 days, whichever occurs first.
d.
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.
e.
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:
Jose Castañeda, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (1 page)
Narrative Report (11 pages)
MCESD comments (1 page)
DPR comments (1 page)
AZDOT comments (1 page)
MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
1
Gross Acres: 1 approx.
Generated August 18, 2020 16:13 PM
Z2020047
Application Name:
Legal Description
The Flower Shop
Applicant
Case Address
T01S R04E 017,
CAROLYN OBERHOLTZER
10827 S 51ST St
Applicant Phone/Email
Parcel Primary: 301-54-788
602.888.7860
COBERHOLTZER@BFSOLAW.COM
PHOENIX AZ 85044
Map scale 1:587
Supervisor District No.
MODIFICATION OF CONDITION TO SUP IN Z2018-070
Modification of Condition
Special Use Permit No. Z2018070
CASE NO. Z20200047
10827 S. 51st Street
Phoenix, AZ
Application Narrative
Initial Application: June 9, 2020
Revised: July 8, 2020
Submitted to:
Maricopa County
Planning and Development
501 N. 44th Street, Suite 200
Phoenix, AZ 85008
Submitted by:
4343 EAST CAMELBACK ROAD, SUITE 210
PHOENIX, AZ 85018
CONTACT: CAROLYN OBERHOLTZER
TEL. 602.888.7860
i
Table of Contents
Page
I.
Purpose of Request
1
II. Description of Proposal
3
III. Relationship to Surrounding Properties
3
IV. Location and Accessibility
3
V. Circulation System
4
VI. Project Phasing and Development Schedule
4
VII. Community Facilities and Services
4
VIII. Public Utilities and Services
4
IX. Summary
5
Appendices
A. Aerial Location Map
B. Building Permit Record
C. Building Plan
D. Site Parking and Circulation
1
I.
Purpose of Request
On behalf of the applicant, Grace Capital Investment Corp. and their tenant, The Flower
Shop AZ Inc., Bergin, Frakes, Smalley & Oberholtzer submits this request to modify the time
condition approved in the Special Use Permit, approved in case No. Z2018070 on October 26,
2018 (the “SUP”) for 10827 S. 51st Street, located at the SWC of Elliot Road and the I-10 Freeway
in Maricopa County, Arizona (the “Property”, see Figure 1, Vicinity Map and Appendix A,
Aerial Location Map). Nature’s Healing Center Inc. (DBA The Flower Shop AZ, Inc.) currently
operates a medical marijuana dispensary on the Property and the SUP provides for the ability to
locate a cultivation and extraction facility in the upstairs suite. Although the tenant has made good
progress toward opening for business as discussed further below, they have been unable to
complete the improvements necessary to occupy the space within the two years originally granted
and consequently, are seeking to modify Stipulation “c” of the SUP to extend the timed condition
to ten years. No other modifications are requested to the SUP.
The Property is zoned C-2 and improved with a 15,360 square-foot, two story building,
originally constructed in 1983. The tenant has been operating a medical marijuana dispensary on
the Property for over 5 years under the Sky Dispensaries/The Flower Shop brand with a Medical
Marijuana Dispensary Registration Certificate held by Nature’s Healing Center, Inc.
Following the approval of the SUP for extraction, the tenant received approval to complete
improvements for a 3,200 square-foot facility for medical marijuana extraction in the existing
building, towards fulfillment of SUP Stipulations “a” and “b” (see Appendix B, Building Permit
Record and Appendix C, Building Plan). The tenant improvements have since been reworked
and revised plans are underway pending completion of the fire suppression system. That system
is under review by the State Fire Marshall’s office and those plan reviews are experiencing 60-day
review times as a result of operational impacts related to COVID-19.
The requested ten-year extension will allow the extraction operation to become established
as intended in the original approval. The SUP to allow medical marijuana extraction for the
purposes of sale to third-party dispensaries creates no measurable effect on the existing traffic in
the area and that operation occurs indoors with no presence visible to the public. The extension
will make available high-quality extraction products for patients of the applicant’s dispensary and
other dispensaries around the Valley which is a net positive benefit for medical marijuana patients
in Arizona. The extension will also serve to support the tenant’s reinvestment into the 37-year old
building and grounds, and the current interior improvements are planned to be followed by exterior
building renovations.
The Flower Shop hired an additional 6 FTE employees during the COVID-19 Statewide
shutdown from mid-March through mid-May of 2020, as the dispensary remained open as an
“essential business” in Arizona. Customer demand increased during this period, as the dispensary
business has become a dependable location that is frequented by loyal patients. This stipulation
modification will create no discernible negative impact on surrounding properties or the existing
business on the Property.
2
The full list of existing conditions of approval for SUP Z2018070 are:
a. Development of the site shall be in general conformance with the Site Plan
entitled “Sky Extraction Facility SUP Interim Industrial“, consisting of 1 full-size sheet,
dated August 8, 2018, and stamped received August 17, 2018, except as modified by the
following conditions.
b. Development of the site shall be in general conformance with the Narrative
Report entitled “Sky Extraction SUP Interim Industrial Project Narrative”, consisting of 13
pages, dated August 17, 2018, and stamped received August 17, 2018, except as modified
by the following conditions.
c. This Special Use Permit shall expire 2 years from the date of approval by the
Board of Supervisors (October 24, 2020), or upon termination of the use, whichever occurs
first. All of the site improvements shall be removed within 60 days of such termination or
expiration.
d. 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.
e. 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.
It is proposed that condition “c” implement a period of ten (10) years as permitted in the
Maricopa County Zoning Ordinance. The new condition would read as follows:
“c. This Special Use Permit shall expire 2 10 years from the date of approval by the Board
of Supervisors (_____________________), or upon termination of the use, whichever
occurs first. All of the site improvements shall be removed within 60 days of such
termination or expiration.”
3
II.
Description of Proposal
When construction is completed, the extraction facility will operate as approved during
normal dispensary business hours from 7:00 am to 10:00 pm Monday through Sunday. Due to the
nature of the operation and state regulations, the extraction suite will be a secure facility and not
open to the public. It will be accessed via electronically-controlled security doors and be
completely internal to the existing building with no visible external presence (signage, windows,
etc.).
The dispensary currently employs 16 full-time equivalent (FTE) positions and the
extraction facility will add another 5 FTE employees.
Operations are regulated by a state-of-the-art closed-loop HVAC circulation and odor-
control system and do not produce any adverse impact on surrounding properties or the general
public in the form of emissions of odor, dust, gas, noise, vibration, smoke, or heat.
III.
Relationship to Surrounding Properties
Table A shown below outlines the surrounding zoning and land uses. An Aerial Location
Map is also included as Appendix A.
Table A: Surrounding Zoning and Land Uses
Current Zoning
Current Uses
Subject Property
C-2
Medical Marijuana
Dispensary and Extraction
West Boundary
C-2
Vacant restaurant building
and Circle K gas
station/convenience store
North Boundary
C-2* (Phoenix)
Elliot Road and Quality Inn
Hotel
East Boundary
GID (Tempe)
Interstate 10 and Tempe
Autoplex car dealerships
Southern Boundary
C-2
Four Points by Sheraton
Hotel & Vacant Land
IV.
Location, Accessibility
As shown on the Aerial Location Map, the Property is located at the intersection of a
major freeway and an arterial street. However, there is no direct access from Elliot Road. Rather,
the site is accessed via a driveway from 51st Street.
Existing regional transportation facilities that serve the area of the Project are Interstate 10,
the Superstition freeway, and the South Mountain freeway. The commercial area entrance for the
Property is a fully signalized intersection with westbound access to Elliot Road that accesses
Interstate 10 a quarter-mile to the east.
4
V.
Circulation System
The shared driveways and parking for the commercial center provide adequate circulation
for parking, ingress, and egress from the site (see Appendix D, Site Parking and Circulation).
The commercial area around the Property has been improved, off-site and on-site, to its current
level of intensity since 1991.
VI. Project Phasing and Development Schedule
The tenant improvement is on schedule to be completed by August 2020.
VII. Community Facilities and Services
Western Star Park is located approximately 0.8 miles to the northwest of the Property. The
Guadalupe Senior Center and Guadalupe Municipal Complex is approximately 1.1 miles to the
northeast. Attached to that complex is the Guadalupe Center for South Mountain Community
College. The nearest high school is Mountain Pointe High School, approximately 1.7 miles to the
southwest, and Frank Elementary School in Guadalupe is also approximately 1.7 miles away, to
the northeast, across Interstate 10. The Ahwatukee Community Center is approximately 1.3 miles
to the south.
Elliot Road and 51st St. bus stops are located at the Property entrance along Elliot Road.
VIII. Public Utilities and Services
The following utilities and services apply to this Property:
Table B: Utility and Service Providers
Water
City of Phoenix
Wastewater
City of Phoenix
Electrical
SRP
Natural Gas
Southwest Gas
Solid Waste Refuse
Republic Services
Communications
Cox, Century Link
Police
Maricopa County Sherriff’s Office
Fire
Rural Metro
5
IX. Summary
The requested Modification of Condition to the Special Use Permit for a 10-year period to
operate a cultivation facility with extraction on the Property will provide a longer term for a
valuable service to the community at-large by providing high-quality patient-critical medical
marijuana products to the applicant’s existing dispensary and others around the Valley. During the
proposed window of operations, the extraction facility will accomplish this without producing a
measurable negative impact on surrounding properties or the general public. The applicant hereby
respectfully requests approval of the Modification of Condition.
Appendix A
Aerial Location Map
Appendix B
Building Permit Record
Appendix C
Building Plan
Appendix D
Site Parking and Circulation
FULLY
SIGNALIZED
INTERSECTION
FULLY
SIGNALIZED
INTERSECTION
BUS
SHELTER
BUS
SHELTER
PARKING PROVIDED:
ADA: 4 SPACES
OTHER: 47 SPACES
TOTAL: 51 SPACES
Water and Waste Management
Division
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-0376
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management Division
DATE:
June 19, 2020
TO :
Jose Castaneda, Planning & Development Dept.
Senior Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Sky Extraction marijuana SUP Modification of Condition. Z2020047
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 approval of a Sky Extraction
marijuana SUP Modification of Condition on the property for the purposes of sale to
third-party dispensaries. The location is at 10827 South 51st Avenue in Phoenix.
According to the submitted documentation, the facility building is currently provided
potable water and sanitary sewage services by the City of Phoenix.
Based on the above, MCESD raised no objections to the Planning & Development
Department in Accela Automation on June 19, 2020 and will allow the project to
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.
Robert Fedorka, P.E.
Planning & Development
501 North 44th Street, Suite 200
Phoenix, Arizona 85008
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
Bob.Fedorka@maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
July 8, 2020
Memo To: Darren Gerard, AICP, Department of Planning & Development
Attn:
Jose Castaneda, Planner, Planning & Development Services
From:
Robert
Fedorka,
P.E.,
Engineering
Supervisor,
Planning
&
Development Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2020047 Modification of Stipulations – Time Extension
(E1 Memo)
APN(s):
301-54-788
Job Site Address: 10827 S. 51st Street, Phoenix
Engineering plan review (DPR, FCD and PND Transportation) has reviewed the
Modification of Stipulations application routed for review on 06/19/2020 (first
submittal), and has no comment or objections to the request for extension of the
expiration date of the SUP.
Please contact me if you have any questions or require any additional information.
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