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Public Hearings   15.
Regular Board of Supervisors Meeting
Development Services
Meeting Date:
04/20/2021
SUA 21-01 La Sota Appeal of Special Use Docket 21-000005 (MM Ft Grant Rd)
Submitted By:
Christine McLachlan, Development Services
Department:
Development Services
Presentation:
PowerPoint
Recommendation:
Disapprove
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
0
NAME
of PRESENTER:
Christine McLachlan
TITLE
of PRESENTER:
Planner II
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
Docket Number (If applicable):
SUA-21-01

Information

Agenda Item Text:

Approve or deny the La Sota appeal (SUA-21-01) of the Planning and Zoning Commission's March 10, 2021 approval of Special Use SU-21-000005 (MM Ft Grant Rd).

Background:

Willcox OC LLC (applicant) requested a Special Use Authorization (SUA), Docket SU-21-000005, to approve the construction of a marijuana cultivation and infusion facility on a 318.31-acre parcel. The project is located at 9910 North Fort Grant Road on parcel number 201-17-002E.  The Planning and Zoning Commission held a public hearing on March 10, 2021. After considering all the facts, the commission voted 5-2 in favor of the request. Mr. Timothy La Sota has filed an appeal against the SUA approval. He represents, The Pharm LLC, who is the property owner directly south, and adjacent, to the subject property. Section 1716.04 of the Zoning Regulations states that appeals of Special Use decisions shall be heard by the Board of Supervisors at a duly noticed public hearing. Following its deliberations on the date of decision, the Board of Supervisors shall either affirm, reverse, or modify the decision of the Planning and Zoning Commission. 

Department's Next Steps (if approved):

If the appeal is approved, the decision of the Planning and Zoning Commission is reversed, and the special use authorization shall become null and void. 
Staff shall provide the factual and legal basis for the decision, provided by the Board, to the applicant. 

Impact of NOT Approving/Alternatives:

If the appeal is denied, the decision of the Planning and Zoning Commission is upheld and the applicant will be able to initiate the permitting/construction of the proposed facility. 

To BOS Staff: Document Disposition/Follow-Up:

N/A

Fiscal Impact

Attachments