Planning Commission - February 12, 2025

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welcome to the scottow Planning
Commission public hearing the city
appreciates your interest and
participation in the public hearing
process the Planning Commission serves
as an Advisory Board to the city council
on land use and Zoning matters the
hearing agenda items consist of
development applications that require
public hearings the Planning Commission
considers the items and makes a
recommendation for approval or denial to
the city Council city council will make
the final decision for for or against
approval of the
application the agenda consists of the
Roll Call an administrative report
public comment approval of minutes from
the previous hearing
continuances withdrawals the consent
agenda regular agenda and non-action
items citizens wishing to speak on any
agenda item will need to fill out a blue
speaker card or if not willing to speak
may fill out a yellow comment card uh
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the
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the agenda item is to be discussed the
chair will call your name when is your
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individual
speakers and one additional minute for
each additional individual who is
present at the hearing and has
contributed their time to a
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of 10 minutes please format your speech
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green for two minutes yellow for one and
red when your time is up please conclude
your comments when the red light appears
thank you for your interest in time um
before we take roll call I just want to
mention that I'll be chairing the
meeting tonight because Cher Garbo is in
not in attendance due to unexpected
family commitment um however he'll be
joining by phone I believe and then
Commissioners Joiner and higs will also
be joining by phone so with that we'll
begin the uh hearing with a roll
call chair
Scaro
here Vice chair young here commissioner
Gonzalez presid commissioner Kaminsky
here commissioner ell here commissioner
Joiner
here commissioner
higs here all here thank you all right
thank you uh now for public comment um I
don't believe we've got any public
comment okay so we'll move on to Mr
Curtis for the administrative
report uh thank you Vice chairman U
members of the commission um just really
short here um no additional information
for tonight uh for you um that wasn't
already in your packet um or delivered
to you uh in the last day or
so um also we're not planning we don't
have any anticipated items for February
26 so we may be canceling that meeting
but we do anticipate some items in March
so that's the only update I have for you
today thank you okay thank you um Now we
move on to the minutes is there a motion
for the approval of the January 22nd
minutes yes I'll move for approval of
the January 22nd regular meeting minutes
second we have a motion on a
second chair
Scaro yes Vice chair young yes
commissioner Gonzalez yes commissioner
Kaminsky yes commissioner ell yes
commissioner
Joiner yes commissioner
higs yes motion passes thank
you all right uh moving on uh action
items how the action agenda action
agenda works the Planning Commission may
take one vote to act on all items on the
continuance agenda and one vote to on
all items on the consent agenda or may
remove items for further discussion as
appropriate the Planning Commission
takes separate action on each item on
the regular
agenda
um so we've got only two cases tonight
both are on consent but I believe we've
got a request to move one case to a
regular agenda item yes is that okay and
that's for item two 3up 2015 number
three okay so why don't we move ahead
and um put that one on regular agenda
and um you you'd like to see a brief
staff presentation on that one
okay yes please well no
we're we're going to do the regular well
I guess you know I guess we could do the
consent first um so we've got only one
other case 7 Up 2024 on consent so um if
there's no questions or comments I'd
entertain a
motion uh request oh no it's wrong sheet
this is why I shouldn't be doing this
you should jump right in there
um make a motion for recommendation of
approval to city council for K 7 Up
2024 per staff recommended stipulations
after finding the conditional use permit
criteria have met been met and the
proposed conditional use permit is
consistent and conforms with the adopted
General plan all right we have a motion
do we have a second a second okay roll
call
vote chair
Scaro yes Vice chair young yes
commissioner
Gonzalez yes commissioner Kaminsky yes
commissioner RTO yes commissioner
joer yes commissioner
higs yes motion passes thank you all
right now we'll move on to regular
agenda uh item number two
good evening uh Vice chair uh chair
Scaro and Commissioners I'm Brian KF
with the city's planning department I'll
give you a brief overview of the request
this evening for green Sky patient
Center of
Scottsdale uh the specific request this
evening is for uh a renewal of an
existing conditional use permit for a
marijuana use um as part of that uh
renewal an amendment is being requested
to eliminate a stipulation that was
previously on the case for a 5year
timing uh which is what's requiring it
to come back at this time for
Renewal the site that we're looking at
is in the Air Park area um on buis in
73rd Street the northeast corner here's
a closer look of the site uh it's a
office building um the marijuana
facility is uh located in one of the
Suites of this existing building the uh
South corner of the
building the existing zoning on the site
is i1 Industrial
Park this is a look at the existing site
plan uh you can see the suite area
highlighted in Gray on this map here
there are not any proposed changes to
the site as part of this
request and this is the floor plan um
also representing the existing floor
plan for the facil
uh which is currently operational and
there aren't any changes proposed to the
floor plan as part of this request
either um so that concludes staff's
presentation um so just briefly the
request for a renewal including an
amendment to eliminate the fiveyear
timing step um I'm happy to answer any
questions uh the applicant is also here
in available to ask answer any questions
if you have any for him thank you thank
you Mr CLE uh were there any question
questions for staff yeah okay yes um
first of all um on this um as far as the
staff have we uh received any complaints
or any issuance since the last time the
permit was uh applied for uh
commissioner Gonzalez no we've not
received uh any complaints or concerns
regarding the facility okay and this
facility is a retail only
facility uh commissioner Gonzalez the I
believe it's uh I'm not sure what you
mean by retail but uh it's a dispensary
um so you purchase uh marijuana there
and I believe they have medical and
recreational available okay so there
there's no there's no growing or any any
manufacturing of or uh any uh re uh
bagging or any nothing there it's just
strictly uh a a on demand type of uh
retail outlet that's correct okay very
good and then on this application here
they're they're they're uh they're
asking to move a time frame for the next
application for the
renewal that's correct commissioner
Gonzalez as part of this request they're
actually um looking to remove the time
frame stipulation what is it now five
years and and if they remove the five
years what are they asking to replace it
with uh commissioner Gonzalez they're
requesting to remove it and not replace
it with uh a renewal requirement um that
is consistent with uh how our most
recent approvals have moved forward um
the we've gone two other facilities have
uh gone through and had that timing
removed um there's not an ordinance
requirement for it um and based on the
fact that we've had these operating for
uh 15 or so years within the city of
Scotto now we have had any concerns um
or uh uh complaints regarding any of the
facilities uh we feel that the timing
for the renewal is no longer necessary
was this a uh was this a staff approval
as far as um that timing or how did they
develop that I mean there's only how
many facilities of like this are there
in the city uh commissioner Gonzalez and
uh Commissioners there are six marijuana
uses within the city of Scottdale five
of those are dispensaries one of them is
a cultivation site uh when these were
originally uh when it was originally
approved as a use by the state
legislature that was in around
2011 uh at that time it was uh kind of a
new thing and we weren't sure uh how
they were going to operate and if there
were going to be any concerns related um
to these dispensaries so as a policy
staff implemented a fiveyear renewal
requirement on them so we could uh if
there were concerns or anything that
needed to get addressed we'd be seeing
them every five years and we'd have the
opportunity to do
that I see um so uh and how long has
this facility been in operation at this
site this facility has been operating
for almost 10 years okay so they've gone
through this process uh once when are
time before this then right correct the
initial approval and then one renewal
okay well I myself am not in favor of
removing that but uh I'll let everybody
make their own decisions thank you
sir all right uh are there any other
questions uh sir you were asked are
there other um I think facilities like
this and you know you you know
appropriately based on the question
limited it to marijuana dispensaries but
um you know looking more broadly other
businesses other retail
businesses um you know which I guess
would include pharmacies doctors U you
know liquor stores uh do they have
five-year uh timing
stipulations commissioner ell um a
normal retail or
Pharmacy um would not be subject to the
use permit process so we there would not
be any renewal requirements there so so
this is unique
in not controlled by an ordinance um
that they have the fiveyear stipulation
that's correct it is it is unique to uh
these marijuana uses there's not an
ordinance requirement to it um there
have been other conditional use permits
such as bars that based on operation
requirements there may be similar types
of stipulations but um other than that
it's it's rather unique all right thank
you
all right uh another
question well I guess maybe the only
statement I would say in that in the in
that grouping per se because those other
facilities and those other topic retail
uh facilities are recognized by the
federal government as such I I feel
because the federal government does have
some limitations on this type of project
that I feel that it's necessary to keep
the control system on board and that is
uh what my judgment is based on thank
you
sir Mr KF I have a question so the other
um sites that were approved with a we'll
call it a Perpetual cup until that
business changes to something else when
were those brought
forward uh Vice chair young the um the
two most recent ones that went through
um one was in 2021 and then another one
was a renewal that was just within the
last um within the last year or two okay
because I think and then there was
actually one uh marijuana use with their
initial approval in 2011 that actually
wasn't stipulated with the renewal okay
I I do fa faintly remember the one that
came through in
2021 um okay I was just curious thank
you VI chair Young
yes this is M commissioner commissioner
Joiner thank you for joining us thank
thank you I have a question about the
removal of the fiveyear as well and
maybe this is to staff um since city
council has approved the last two with
no
time uh on it what is the process if
there was a complaint or if we in other
words taking away the
stipulation were me
because I I think there's a tendency for
everybody to follow the rules when they
know that there is a time frame but
let's say we didn't add the time frame
at this point what is the process for
the city
to uh if there were complaints and how
would that
work sure uh commissioner Joiner and
Commissioners any all all the use
permits whether or not they have a
renewal requirement associated with them
are subject to the same ordinance
requirements and also the same
operational requirements that were
stipulated as part of the conditional
use permit process so if staff were to
receive uh a complaint or a concern
regarding a violation we would work
through our code enforcement department
uh who would reach out to the property
owner and the operator uh to address the
uh the violation um they would be able
to remedy the violation or if it was a
operational requirement that that had
changed um then they may be required to
come back uh for a
reapprovals uh anything that might have
changed commissioner um Joiner Vice
chairman to add to what Mr KF had said
all conditional use perits are subject
to a potential revocation process uh
built in the city code and so if the
violations weren't remedied in another
way um then it could fall into more an
extreme case where the use permit could
be revoked thank you
okay uh I just one followup question I'm
sorry y of course how long how which
process is quickest so if they have a a
time frame on a conditional use permit
and there's a violation
how long does it take for that to be
revoked versus if there was no time
frame on it and there was a violation
What would the time frame be are they
the same
or is the process faster if they have a
conditional use permit time
frame did I make that clear did I say
that
correctly yes commissioner Joiner I
think I understand the question um um if
there were to if there were a violation
uh with the conditional use
permit that that violation would need to
be addressed uh immediately as as
required by the code um whether or not
there was a timing
stipulation uh I I don't believe it
would affect the time the time frame if
the violation resulted in in Amendment
to the use permit that would be the same
process as coming back for a renewal um
the revocation process uh I'm not quite
as familiar with but Mr Curtis might be
able to uh explain a little more there
certainly um Vice chairman and
commissioner Joiner the
um a lot of it B based on the timing
certainly if there were some violations
that couldn't be
resolved um then the revocation process
could begin um that could be pretty
complicated based off of arguments about
um the the land use and the property
owner rights and so forth um but that
process does exist in the zoning code um
I we don't have too many uh revocations
I can't think of any right now because
of our code enforcement process and uh
Progressive uh um I guess remedies that
uh occur through that process um but the
revocation is very simp SAR to the
approval process and that could take a
few months um and that would be the same
whether we had the precautionary
five-year timing stipulation or not um
as we've talked about um it was a
precautionary stipulation that has since
with at least a few of the more recent
renewals uh have um eliminated the
precautionary time frame um back to the
commissioner joiner's question about
what be faster certainly if if the
timing stipulation of the five years was
uh coming to an end and they were
looking for Renewal um that would play a
role in the timing um in this in the
instance where um the the problems
occurred then the renewal would be
discussed um on the merits of the
operation um but again uh as our
recommendation has been and and
consistent with the last few that we've
done the precautionary step um along
with our Public Safety department um has
felt that that is no longer needed for
these uh land uses thank
you thank you Mr Curtis thank you very
much um commissioner higs and chair
scarbro uh is there any questions that
you might have and I apologize I forgot
you guys were on the
phone oh yeah no none for me thank you
forgive
me oh good uh no I think Michael asked a
pretty good question there that's what
my question would have been so I'm
covered thank you all right um well I
are there any further questions for Mr
CL no all right I think
we're ready to vote can um can I get a
motion make a motion for recommendation
of approval to city council for case
three up 20115 number three for the
staff recommended stipulations after
finding that the conditional use permit
criteria have been met and the proposed
conditional use permit is consistent and
conforms with the adopted General
plan all right I have a motion can I
have a
second a second second
oh whichever I think commissioner kinsky
beat you to it um all right we're ready
for a roll call
vote chair
Scaro yes Vice chair young yes
commissioner Gonzalez no commissioner
Kaminsky yes commissioner erto yes
commissioner
Joiner yes commissioner
higs yes motion passes thank you all
right that is the conclusion of our
consent agenda and uh I looks like
that's the end of our meeting can I get
a motion for
adjournment so
moved all right all in favor I I
meeting's adjourned thank you everybody
thank
you for