Affirm the decision of the Planning and Zoning Commission to deny a Special Use request for a facility for personal services and the cultivation and dispensing of medical marijuana on an RU-4 zoned property located 2.8 miles north of Davis Road on Central Highway south of Elfrida, AZ submitted by Sonoran Care LLC.

The Planning and Zoning Commission voted in a public meeting on November 18, 2015 to deny Special Use, SU-15-18 (Sonoran Care), a request for approval of a facility for personal services and the cultivation and dispensing of medical marijuana on an RU-4, Rural zoned property.    The subject parcel, APN 404-26-001 is located 2.8 miles north of Davis Road on Central Highway south of Elfrida, AZ.  It is further described as being situated in Section 03 of Township 21 South, Range 26 East of the G&SRB&M, in Cochise County, Arizona.  The use is considered a Special Use in RU-4 Rural Zoning Districts under Sections 607.26 and 607.55 of the Zoning Regulations.  The original Applicant, and Appellant, for the medical marijuana cultivation and dispensary facility is Sonoran Care LLC.
This is an Appeal of the Planning and Zoning Commission denial of Special Use of SU-15-18 (Sonoran Care), a request for approval of a facility for personal services and the cultivation and dispensing of medical marijuana.
The approved minutes from the November 18, 2015 public meeting recount that the six residents in attendance who spoke in opposition to the Special Use request voiced concerns about water and pesticide contamination, the broad accessibility of marijuana, about schools within several miles of the site and about the general desire to avoid having marijuana in Cochise County.  The applicant rebutted with statements that, the facility would use hauled water and no well would be drilled, that there would be no pesticide usage, about the stringent State regulations for the industry, and that it is more difficult for students to purchase marijuana from a dispensary than to buy it on the black market.  The applicant also noted that there is no evidence that dispensaries attract crime or increase drug use.
In the Commission discussion following the public hearing Commissioner Edie raised concerns about traffic safety at the proposed location, Commissioner Gregan stated that the Commission should not be considering water and security issues since those items are regulated by the State.  Commissioner Miller spoke about the agricultural nature of the County and her concerns about water issues and private property rights.   Commissioner Martzke readdressed that water issues were not an issue for the Commission and that the Commission was considering only the land use.  The motion for approval failed 2-3 with Commissioners Miller, Brauchla and Edie in opposition.

 

If the Appeal request to overturn the Planning and Zoning Commission denial is approved, the Special Use authorization is then approved and the applicant must complete and notarize the Acceptance of Conditions and Waiver of Claims forms and return them to the Planning and Zoning Department for recordation.  The applicant will then be allowed to submit building permits for the proposed project.

If the Appeal of the Planning and Zoning Commission denial is upheld the applicant's Special Use request will be denied.  The applicant may then bring the matter to the Arizona Supreme Court for determination.

Staff is requesting a copy of the Final Minutes of the January 5, 2016 meeting for the Docket file.