Public Hearings 9.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 05/19/2015
- Title:
- SU-15-06A (Crisantes Mormon Rd MM Appeal)
- Submitted By:
- Jesse Drake, Community Development
- Department:
- Community Development
- Division:
- Planning & Zoning
Presentation:
PowerPoint
Recommendation:
Disapprove
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
0
NAME
of PRESENTER:
of PRESENTER:
Jesse Drake
TITLE
of PRESENTER:
of PRESENTER:
Planner II
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
SU-15-06A
Information
Agenda Item Text:
Uphold or deny the April 8, 2015 authorization by the Planning and Zoning Commission for a medical marijuana cultivation and dispensary facility at 10990 N. Mormon Rd, Elfrida, AZ, APN 403-04-005.
Background:
I. APPEAL OF THE PLANNING AND ZONING APPROVAL OF SU-15-06 (CRISANTES MORMON RD MM)
This is an Appeal of a Special Use authorization by the Planning and Zoning Commission approving a facility for the cultivation, dispensing and delivery service of medical marijuana on a RU-4, Rural zoned property. On Wednesday, April 8, 2015, the Planning and Zoning Commission voted 5-2 to conditionally approve Docket SU-15-06 (Crisantes Mormon Rd MM), granting Crisantes Ranches, LLC approval for a facility for the cultivation, dispensing and delivery service of medical marijuana on a 65-acre RU-4 parcel, APN 403-04-005, located at 10990 N. Mormon Road in Elfrida, Arizona. The parcel is located approximately one-half mile east of Highway 191 and three-quarters mile north of Thompson Road. The proposed use is considered a Special Use in RU-4 Rural Zoning Districts under Sections 607.55 of the Zoning Regulations. The Applicant is for the medical marijuana facility is Crisantes Ranches, LLC.; the appellant is Paul White.
II. NATURE OF APPEAL REQUEST
This is an Appeal of the Special Use Authorization of SU-15-06.
Section 1716.04 of the Zoning Regulations governs the Appeal of Special Use Authorization Decisions. 1716.04.B. states the appeal shall include:
In the Special Use Application for Appeal the appellant provides information in three parts:
Part 1. Description of the decision being appealed.
Appellant’s response:
“Concerned citizens, neighbors, and those in public safety positions, strongly feel this permit will not be beneficial, but harmful to our community. In my personal opinion, the special use permit is: Not Safe and Not a Community Asset. Please see the attached paper to see the concerns I spoke before the planning and zoning.” [sic, emphasis by appellant].
Part 2. A complete statement of all reasons why the appellant believes that the decision, or any part of the decision was erroneous, arbitrary, capricious, or any abuse of discretion.
Appellant’s response:
Appellant affirms that the community members present at the April 8, 2015 spoke their concern before the board [sic].
Part 3. Allows the appellant to provide additional testimony and evidence with an explanation of why the evidence was not presented to the Planning and Zoning Commission.
Appellant’s response:
“All information was presented before the Planning Commission on April 8, 2015. The community voice was heard that they were against Cochise County issuing his permit. The only citizens that spoke in favor of the permit, were those that filed for it. County Supervisors, the citizens you represent that were present at the April 8th meeting are against this permit. Please reconsider.”
As presented in the application, the appellant has verified that those persons in attendance at the Planning and Zoning Commission meeting were allowed to speak, and that no new information regarding the Special Use authorization is being presented in the Appeal application.
Therefore the appellant has not been able to provide grounds for why the Planning and Zoning decision, or any part of the decision, was erroneous, arbitrary, capricious, or an abuse of discretion; nor has the appellant provided any new evidence or testimony but rather the appellant confirms that “all information was presented be the Planning Commission on April 8, 2015.”
One person speaking at the public hearing raised the concern that the property proposed for the facility was full of “junk”. Staff investigated this assertion and found that the property with significant junk and abandoned cars was in fact located on the property to the north of the Crisantes site, but the confusion may have occurred due to the fact both that the Crisantes and the adjacent neighbor to the north share a common mailbox delivery site as shown in the photo below.
Shared mailboxes on property north of the Crisantes farm site.
Licenses for medical marijuana dispensaries and cultivation areas are issued by the Arizona Department of Health Services. Permits are issued after proper security and containment measures are approved by the State. Cochise County reviews these dockets items for land use issues only; however staff is including some information from the ADHS website due to the confusion about how and when the Arizona State Department of Health issues those licenses.
This is an Appeal of a Special Use authorization by the Planning and Zoning Commission approving a facility for the cultivation, dispensing and delivery service of medical marijuana on a RU-4, Rural zoned property. On Wednesday, April 8, 2015, the Planning and Zoning Commission voted 5-2 to conditionally approve Docket SU-15-06 (Crisantes Mormon Rd MM), granting Crisantes Ranches, LLC approval for a facility for the cultivation, dispensing and delivery service of medical marijuana on a 65-acre RU-4 parcel, APN 403-04-005, located at 10990 N. Mormon Road in Elfrida, Arizona. The parcel is located approximately one-half mile east of Highway 191 and three-quarters mile north of Thompson Road. The proposed use is considered a Special Use in RU-4 Rural Zoning Districts under Sections 607.55 of the Zoning Regulations. The Applicant is for the medical marijuana facility is Crisantes Ranches, LLC.; the appellant is Paul White.
II. NATURE OF APPEAL REQUEST
This is an Appeal of the Special Use Authorization of SU-15-06.
Section 1716.04 of the Zoning Regulations governs the Appeal of Special Use Authorization Decisions. 1716.04.B. states the appeal shall include:
- A complete statement of all reasons why the appellant believes that the decision, or any part of the decision, was erroneous, arbitrary, capricious, or an abuse of discretion; and
- Written presentation of additional testimony and evidence, a full explanation of the additional testimony and evidence that will be submitted, with an explanation of why this was not presented to the Planning Commission.
In the Special Use Application for Appeal the appellant provides information in three parts:
Part 1. Description of the decision being appealed.
Appellant’s response:
“Concerned citizens, neighbors, and those in public safety positions, strongly feel this permit will not be beneficial, but harmful to our community. In my personal opinion, the special use permit is: Not Safe and Not a Community Asset. Please see the attached paper to see the concerns I spoke before the planning and zoning.” [sic, emphasis by appellant].
Part 2. A complete statement of all reasons why the appellant believes that the decision, or any part of the decision was erroneous, arbitrary, capricious, or any abuse of discretion.
Appellant’s response:
Appellant affirms that the community members present at the April 8, 2015 spoke their concern before the board [sic].
Part 3. Allows the appellant to provide additional testimony and evidence with an explanation of why the evidence was not presented to the Planning and Zoning Commission.
Appellant’s response:
“All information was presented before the Planning Commission on April 8, 2015. The community voice was heard that they were against Cochise County issuing his permit. The only citizens that spoke in favor of the permit, were those that filed for it. County Supervisors, the citizens you represent that were present at the April 8th meeting are against this permit. Please reconsider.”
As presented in the application, the appellant has verified that those persons in attendance at the Planning and Zoning Commission meeting were allowed to speak, and that no new information regarding the Special Use authorization is being presented in the Appeal application.
Therefore the appellant has not been able to provide grounds for why the Planning and Zoning decision, or any part of the decision, was erroneous, arbitrary, capricious, or an abuse of discretion; nor has the appellant provided any new evidence or testimony but rather the appellant confirms that “all information was presented be the Planning Commission on April 8, 2015.”
One person speaking at the public hearing raised the concern that the property proposed for the facility was full of “junk”. Staff investigated this assertion and found that the property with significant junk and abandoned cars was in fact located on the property to the north of the Crisantes site, but the confusion may have occurred due to the fact both that the Crisantes and the adjacent neighbor to the north share a common mailbox delivery site as shown in the photo below.
Shared mailboxes on property north of the Crisantes farm site.
Licenses for medical marijuana dispensaries and cultivation areas are issued by the Arizona Department of Health Services. Permits are issued after proper security and containment measures are approved by the State. Cochise County reviews these dockets items for land use issues only; however staff is including some information from the ADHS website due to the confusion about how and when the Arizona State Department of Health issues those licenses.
- A.R.S. Title 36 contains the law governing medical marijuana in Arizona.
- What is a CHAA? A CHAA is a Community Health Analysis Area, a geographic unit in Arizona. The ADHS Bureau of Public Health Statistics created these units by modifying the Primary Care Areas (PCAs) used by the ADHS program for Health Systems Development for use by various disease monitoring programs. The map of Arizona contains 126 of these units.
- Medical Marijuana Dispensaries- As of January 2012, the Department anticipated issuing 126 dispensary registration certificates (based on the number of pharmacies in the State). The Department does not have authority to issue a separate certificate to an entity that is only a cultivation facility.
- A medical marijuana dispensary registered with ADHS must be operated on a not-for-profit basis, but will be able to receive payment for expenses incurred in its operation.
- No more than one nonprofit medical marijuana dispensary registration certificate is issued for every ten pharmacy permits issued by the Arizona State Board of Pharmacy under current law.
- A dispensary can cultivate marijuana only in an enclosed, locked facility.
- State law and rules specify various security, record-keeping, and verification requirements a registered dispensary will have to follow relating to the operation of the dispensary.
- Cancer
- Glaucoma
- Human Immunodeficiency Virus (HIV)
- Acquired Immune Deficiency Syndrome (AIDS)
- Hepatitis C
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn's Disease
- Agitation of Alzheimer's disease
- A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that causes:
- Cachexia or wasting syndrome;
- Severe and chronic pain;
- Severe nausea;
- Seizures, including those characteristic of epilepsy;
- Severe or persistent muscle spasms, including those characteristic of multiple sclerosis
Department's Next Steps (if approved):
Approval of the Appeal Application will not uphold the Planning and Zoning Commission approval of SU-15-06 and will not allow a medical marijuana cultivation and dispensary facility at 10990 N. Mormon Rd, Elfrida, AZ.
Impact of NOT Approving/Alternatives:
Denying the Appeal Application will uphold the authorization by the Planning and Zoning Commission of the medical marijuana cultivation and dispensary facility at 10990 N. Mormon Rd., Elfrida, AZ.
To BOS Staff: Document Disposition/Follow-Up:
None.