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ITEM 11 |
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City Council Memorandum Development Services Memo No. 24-042
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| Date: |
September 12, 2024 |
| To: |
Mayor and Council |
| Thru: |
Josh H. Wright, City Manager
Andy Bass, Deputy City Manager
Kevin Snyder, Development Services Director |
| From: |
Darsy Smith, City Planner |
| Subject: |
PLH24-0006 Ponderosa - Dispensary |
| Request: |
Use Permit time extension to continue to allow for the co-location of an ancillary Medical Marijuana Facility in conjunction with its affiliated onsite Medical Marijuna Cultivation Site and Medical Marijuna Infusion Food Establishment. |
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| Location: |
318 S. Bracken Lane, generally located 1/2 mile south of Chandler Boulevard and 1/4 mile east of Price Road |
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| Applicant: |
Michelle Santoro, Gammage & Burnham |
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| Proposed Motion: |
| Move City Council approve Use Permit PLH24-0006 Ponderosa Dispensary, extending the annual time condition allowing the dispensary to operate in conjunction with marijuana cultivation and infusion facility, subject to the conditions recommended by Planning and Zoning Commission. |
| Background Data: |
- Zoned Planned Industrial District I-1
- Property is part of a larger area zoned for Planned Industrial District I-1 uses rezoned in October 1979.
- A city-wide Zoning Code Amendment regarding Medical Marijuana was approved in February 2023. The amendments included expanding hours of operation, increasing square-footage size limitations, and permitting the collocation of an ancillary medical marijuana facility with its affiliated onsite medical marijuana cultivation site and/or medical marijuana infusion food establishment when approved through a Conditional Use Permit.
- A Use Permit was approved in April 2023. The use permit was to allow for the co-location of an ancillary Medical Marijuana Facility in conjunction with its affiliated onsite Medical Marijuana Cultivation Site and Medical Marijuana Infusion Food Establishment.
- Per the Zoning Code, the Use Permit is valid for a period of one year and may be renewed on a year-to-year basis by filing a Use Permit application.
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| Surrounding Land Use Data: |
| North |
Planned Industrial District (I-1) |
South |
Planned Industrial District (I-1) |
| East |
Planned Industrial District (I-1) |
West |
Planned Industrial District (I-1) |
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| Proposed Development: |
| Hours of Operations |
Facility (Dispensary) |
Cultivation |
Infusion Food Establishment |
Monday through Sunday
7am - 10pm |
~2,500SF |
~4,983SF |
~4,911SF |
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| Review and Recommendation: |
This Use Permit request is to continue to allow the co-location of an ancillary Medical Marijuana Facility in conjunction with its affiliated onsite Medical Marijuana Cultivation Site and Medical Marijuana Infusion Food Establishment. The subject site is currently operating the Medical Marijuana Cultivation use and Medical Marijuana Infusion Food Establishment use under approved zoning clearances consistent with the Zoning Code.
Planning staff has reviewed the request and found the site in compliance with the Zoning Code amendment from 2023 permitting this type of request through a Use Permit. The site complies with the location criteria in terms of zoning designation, as well as a maximum of 1,320 feet of distance from an arterial roadway. The building complies with the maximum square-footage allowances of 5,000 square feet for cultivation, 5,000 square feet for Infusion Food Establishments, and 2,500 square feet for Ancillary Facility (Dispensary). The property is compliant with sufficient parking for the three uses, as well as provides direct access to the public roadway Bracken Lane. Finally, the request complies with the permitted hours of operation, 7 a.m. to 10 p.m., Monday through Sunday.
Additional details can be found in the attached Narrative Booklet and Floor Plan. |
| Public / Neighborhood Notification |
- The request was noticed in accordance with the requirements of the Chandler Zoning Code.
- A virtual neighborhood meeting was held on March 28, 2024. No neighboring property owners or citizens logged into/attended the meeting other than the applicant and staff.
- As of the writing of this memo, Planning staff is not aware of any opposition to this request.
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| Planning and Zoning Commission Vote Report |
Planning and Zoning Commission meeting August 21, 2024
Motion to Approve
In Favor: 5 Opposed: 0 Absent: 2 (Commissioner Koshiol and Commissioner Barichello) |
| Recommended Conditions of Approval |
Planning staff finds the request is in compliance with the General Plan and the Zoning Code. Planning and Zoning Commission recommends City Council approve the Use Permit, subject to the following conditions:
1. Use Permit approval does not constitute Final Development Plan approval; compliance with the details required by all applicable codes and conditions of the City of Chandler and this Use Permit shall apply.
2. The site shall be maintained in a clean and orderly manner.
3. Drive through and/or take out windows are prohibited.
4. Consumption of Medical Marijuana on the premises is prohibited.
5. Hours of operation are limited to not earlier than 7:00 a.m. and not later than 10:00 p.m.
6. The ancillary medical marijuana facility shall not be larger than two thousand five hundred (2,500) gross square feet or twenty-five percent (25%) of the gross building square-footage, whichever is less.
7. The Use Permit shall remain in effect for one (1) year from the date of City Council approval. Continuation of the Use Permit beyond the expiration date shall require re-application to and approval by the City of Chandler. |
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