Planning and Zoning - Regular Meeting

Good evening. I now call to order the meeting of the planning and zoning commission for the city of Apache Junction. Today's date is May 13, 2025. The time is 7 p.m. Please uh stand and join me for the pledge of allegiance. To the flag of the United States of America and to the stands nationice for all Rudy, can I get a roll call, please? Chairman Hansen, here. Vice Chair Barker here. Commissioner Gage here. Commissioner Star here. Commissioner Bigalow here. Commissioner Mikeland here. Commissioner Kalen, we have six present. We have a quorum. Mr. Chairman, thank you, Rudy. Do we have a motion to approve the agenda and the minutes? Mr. Chair, I move that the Planning and Zoning Commission accept the agenda as presented and approve the minutes from the April 8th, 2025 regular meeting. Do I have a second? I second. Rudy, I have a motion and a second. Can I get a roll call, please? Chairman Hansi, yes. Vice Chair Barker, yes. Commissioner Gage, yes. Commissioner Star, yes. Commissioner Bigalow, yes. Commissioner Mikelin. Yes. So move, Mr. Chairman. Thank you, Rudy. There is a public hearing this evening consideration of resolution P-24-87-cup, a proposed resolution to approve a conditional use permit case

P-24-87- CUP to continue the use of an existing existing marijuana cultivation infusion kitchen under new ownership. Nick, take it away. Thank you, Chairman. Finani meeting planning and zoning commission. So as was noted I am presenting the case information for the case P2487 cup. This is a request by Border Health Inc. to update the existing conditional use permit authorizing the use of a marijuana uh infusion kitchen and cultivation facility with new ownership information as is required by the condition 16 of the existing P266 CUP which is the conditional use permit authorizing it at this current time. So this use has been authorized since 2014 and has undergone other amendments when management or ownership has changed just as is being required and is happening tonight. So this is not an expansion of the use or a change of conditions but it is an administrative procedural update. So just to note the applicant has undergone the required public notification requirements when it comes to these updates. that includes have holding a neighborhood meeting which I attended and we didn't have any neighbors attend at that time but we have also posted a sign on the site sent out letters to the neighborhood within the 300 ft buffer surrounding this property and advertised in the newspaper as required. So with this as the applicant proposes to continue the existing approved land use and is acting in compliance with the conditions of approval of the existing resolution authorizing this use B2166 CUP by updating the ownership and in compliance with with all of those uh requirements. Staff recommends the approval of resolution P2487 cup which would update the ownership information to Border Health

Inc. uh subject to the conditions of approval found in the staff report which are a reiteration of the existing operating conditions of approval. If there are any questions, the applicant is also here tonight to to answer questions. I will note though that this isn't a question regarding land use uh as much as it is just an administrative procedural update. I have no anybody have any questions? I just have one. Commissioner Barker, have they had any problems at all in that area? Any calls for police or anything like that? Chairman Hansie, Commissioner Barker, uh there were complaints regarding odor in November of last year, which upon receiving that and that was shortly after this transition of ownership was happening. We worked with the the current owners and were able to resolve and resolve that and create a mitigation plan for the future. So, they'd be happy to talk to that if you have further questions on that, but we have not had any complaints since then. Okay. Thank you. Thank you, Nick. Good evening, Planning and Zoning Commission. My name is Justin Brandt with the law firm of Bianke and Brandt. We are located at 6730 North Scottsdale Road, Sweet 100 Scottdale, Arizona 85253. Uh, thank you Mr. Lewitch for that uh presentation. I'm going to try not to repeat anything he said. Um, so if there's any questions that the commission has, I'm happy to address those before um respectfully requesting that the conditional use permit amendment be granted.

Thank you. Good job. That's the first time I've had a lawyer cut it so short. Joel, you learn from it. Less is always more. Appreciate everyone's time. Thank you. You had to speak just so you get a billing in. Okay. All right. Um, at this time I'm going to open it up to the public. If anybody at the public wants to speak, please step forward, state your name and address. I'm going to remind you you have three minutes to speak. It's now open to the public. Anybody wish to speak? Going once. going twice, three times. I am now gonna close it out. All right. Any discussion? Anybody want to do I just have a comment. It It appears to me that this is a facility that has been approved multiple times over the years, has had no real problems, and see absolutely no reason to disapprove of it now. I I agree, Commissioner Barker, and this is kind of just a matter of housekeeping in my opinion. Absolutely. Um, do we have to still go through the findings of fact for this? Yes. Yes. Okay. Um, adequacy of roadways, off- streetet parking, I would say they're fine since it's been there and it's been in existence for several years. Agreed. Um be negative impacts arising from emissions, odors, dust, gas, noise, lighting, vibrations, smoke, heat. That's been taken care. Yes. Seems they're in compliance 99.9% of the time.

Uh contribution to the deterioration neighborhood or negative impact of neighborhood property values. I would say no. Again, they have been there for years and operating. uh compatibility with surrounding uses and structures. Um yes, fully and again they have been there operating for years. Um conformance with the 2020 general plan and city policies. Yes. Yeah. There's no conflict but yeah uh screening and buffering of uses. Yes. They have a big wall and everything. Yeah. They have complied with the previous uh unique nature of property use, development or physical characteristics. There's nothing unique about that area. I would agree. All right. So, does anybody want to do a motion? Mr. Chair, Commissioner Barker. I move that the Planning and Zoning Commission approve case P-24-87-cup, a request by Scott Vargas of Border Health Incorporated and Cortex Holdings LLC, represented by Justin Brandt of Viance Brandt. I'm sorry if I mispronounced that. requesting a conditional use permit amendment to continue the use of an existing marijuana cultivation and infusion kitchen under new ownership at 1575 East 18th Avenue located on the southwest corner of South Tomahawk Road and East 18th Road zoned industrial B5 subject to the 20 conditions which are listed in this report.

Do we have a second? Second. Rudy, I have a motion and a second. Can I get a roll call? Commissioner Mikeund, yes. Commissioner Bigalow, yes. Commissioner Star, yes. Commissioner Gage, yes. Vice Chair Barker, yes. Chairman Hansen, yes. So move, Mr. Chairman, uh the CUP amendment uh is approved. Uh if no one challenges your decision within 20 days in writing and with half the filing fee, your decision stands. Otherwise, it'll go to council. It's appeal. And then whoever has the original, can they bring it up before we leave tonight? All right. So, there's no more public hearings. There's no old business. There's no new business. No information in reports. Director Grey, do you have anything to report? Nothing this evening, Mr. Chairman. All right. Selection of meeting dates. Do we have a motion for the select the next new meeting date? I move that the planning and zoning commission hold a regular meeting on May 27th, 2025 at 7 p.m. in the city council chambers located at 300 East Superstition Boulevard. In the event there are no items to be brought forward to the commission, these meetings may be cancelled. Notification of cancellation properly posted and the commission notified by staff. Second. Rudy, I have a motion and a second. Can I get a roll call, please? Commissioner Star. Yes. Commissioner Gage, yes. Vice Chair Barker, yes. Chairman Hanshee, yes. Commissioner Mikelin, yes.

Commissioner Bigalow, yes. So move, Mr. Chairman. Thank you, Rudy. I now adjourn the meeting at 7:12 p.m.