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Public Hearings 7.

Regular Board of Supervisors Meeting

Development Services

Meeting Date:: 06/22/2021
Title:: SUA 21-02 Holcomb Appeal of Special Use Docket 21-05 (MM Ft Grant Rd) REHEARING
Submitted By:: Christine McLachlan, Development Services
Department:: Development Services

Presentation:

PowerPoint

Recommendation:

Disapprove

Document Signatures:

BOS Signature NOT Required

# of ORIGINALS
Submitted for Signature:

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-21-02 REHEARING

Information

Agenda Item Text:

[Rehearing from April 20, 2021 meeting] Approve or deny the Holcomb appeal (SUA-21-02) of the Planning and Zoning Commission's March 10, 2021 approval of Special Use SU-21-05 (MM Ft Grant Rd).

Background:

Willcox OC LLC (applicant) requested a Special Use Authorization (SUA), Docket SU-21-05, 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. John Holcomb (appellant) has filed an appeal against the SUA approval. He is the property owner directly southwest of 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.
On April 20, 2021, the Board of Supervisors approved the appeal request of Mr. Holcomb, reversing the decision of the Commission. However, on May 26, 2021, following a discussion in executive session, the Board requested this docket be reheard at the date and time listed above.This is a requested rehearing of this appeal docket.

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

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