Uphold the decision of the Planning and Zoning Commission approving SU-16-04 (Kriaris), a request for a special use to allow for the cultivation and infusion of medical marijuana on a 40-acre RU-10, D-Rural zoned property, APN 305-55-015,  located at 6950 S. Covered Wagon Rd., Willcox, AZ. 

On April 21, 2016 Cynthia M. Traylor filed an application for an Appeal of SU-16-04 (Kriaris), a docket unanimously approved by the Planning and Zoning Commission in a public meeting on April 13, 2016.  The request is for enclosed greenhouse cultivation of medical marijuana plus a processing and infusion facility on an RU-10, D-Rural property currently in agricultural production with a pistachio orchard.  
In their discussion the Commissioners confirmed the requirement for a Private Maintenance Agreement on S. Covered Wagon Road from the applicant’s property to E. Cattle Drive, the county-maintained road.  The applicant’s representative, Mr. Adam Trenk, noted that no modifications or waivers were requested and that the cultivation greenhouses would be compatible with the existing agricultural uses on the site.  Mr. Trenk also commented about the on-site housing, security measures and water usage.
Five members of the public appeared in opposition: Mr. Richard Frank and Ms. Brenda Frank expressed opposition without speaking; and three persons addressed the Commission. Ms. Cindy Traylor, from Willcox, the appellant, spoke in opposition citing fire and police response times, potential hazards with the use of butane in the processing facility, road maintenance and off-site impacts from odors.  Ms. Peggy Ottens of Willcox spoke in opposition citing fire and police protection issues and the potential of attracting criminals to the area; and Mr. Paul Ottens also spoke in opposition citing concerns about grading and drainage on the site and the unreliability of services in the area.
The applicant’s representative, Mr. Trenk responded to the public comment noting that the neighborhood was a rural area and the use was agricultural, that the applicant also used carbon dioxide and water in the infusion process and noted that the County’s Building Safety Division would inspect the site for code compliance.
Commission Brauchla requested and received clarification that the use was an agricultural use. Chairman Greene requested and received clarification of the employee vetting process which consists of State performed background checks and fingerprinting of all staff.  Only licensed, professional employees would be allowed, by State statue to work at the site, no migrant workers would be employed.  Other Commissioners clarified the fencing installation, which is a requirement from the State, and questioned and clarified issues about light pollution, water storage, fire suppression capacity and odors.  Chairman Greene requested confirmation that if the request were for another greenhouse grown crop, other than medical marijuana, then this application would not be before the Commission, staff answered affirmatively.
The Commission voted unanimously (7-0) to approve the request.  Commissioners Martzke and Gregan were not in attendance.
 

If the Appeal is approved, and the  Planning and Zoning Commission approval is overturned, the docket will be denied and staff will send an As You Are Aware letter to both the Applicant and the Appellant informing them of the Board decision.

If the Appeal is denied, and the  Planning and Zoning Commission approval is upheld, the docket will be approved and staff will send an As You Are Aware letter to both the Applicant and the Appellant informing them of the Board decision.  In addition, the Applicant will have 30 days to send in the Acceptance of Conditions and Waiver of Claims forms for staff to record at the County Recorder's office in order to complete the Special Use approval process.

None.