COCHISE SITE TO BE CONSIDERED FOR MEDICINAL POT

The county Planning and Zoning Commission said at Wednesday's [July
13] meeting it will determine whether or not to approve three requests
for special use permits by applicants wanting to grow marijuana.

Of the three applications, only two are recommended for approval; one
on East Redwing Lane in Huachuca City and one at 2941 Old Coyote in
Cochise.

Applicant Julia Patten is likely to have her request denied for a
permit to legally operate a growing facility on her 4.85-acre parcel
at 3516 W. La Luna Drive in a residential area northwest of Douglas.

Senior Planner Keith Dennis recommends denial due to a lack of
required information from the site development plan, access problems
to the parcel, failure to meet the 300-foot setbacks from any
buildings and the huge amount of opposition from people in the community.

Dr. Lisa Landy plans to use a vacant 6,000-square-foot warehouse,
already zoned general business, for an indoor growing facility on a
16.66-acre lot on Red Wing Lane west of Huachuca City.

Beverly Wilson, interim planning director, reviewed the applicant's
information and found that the plan complies with most of the
requirements of the special use permit application. However, the
existing building sits just 50 feet back from the southern and western
boundaries of the property, instead of the required 80 feet.

Wilson states in her report that Landy does face some opposition, but
many opposed were under the impression that the property carried a
rural zoning designation, which it does not.

Landy received three letters of support for her project and, since the
plan meets the criteria required for such a facility, Wilson
recommends conditional approval.

The third request, from Treatment and Health Centers, LLC, as
represented by Catherine Mead, is going for a special use permit to
open a health clinic and a medical marijuana dispensary facility under
one roof and a growing operation under another on 10.04 acres in
Cochise. The health clinic will provide non-emergency medical
services, including breast cancer treatment and education, states
Wilson in documentation.

Mead's plan has complied with all impact requirements and Wilson
writes: "This parcel is located in an appropriate area for the special
use request as it is a nonresidential use ..."

Though the commissioners have the authority to approve or disapprove
special use permits, those decisions can be appealed to the Board of
Supervisors.

More importantly, any facility dealing with medical marijuana has to
be approved by the state and follow the extremely strict guidelines,
said Wilson in an interview Friday. When asked if there would be any
discussion on Gov. Jan Brewer's hold on the issuance of medical
marijuana dispensaries and cultivation facility applications, Wilson
said the staff and commission was going to stick to land use issues
and leave the political and legal wrangling of it up to the state.

The commissioners will also discuss a proposed 1,240-acre master
development plan and rezoning request by James Lee, of Madison
Diversified, for a Planned Development District, a combination of
homes, apartments and businesses west of Willcox on Airport Road. The
Madison development, which is planned in four phases, will have a
high-density residential area of one dwelling per 2,500-square feet, a
low density residential section with lots ranging in size from 36,000
square feet to 4 acres, a mobile home park and a mixed use business
district.

However, Dennis notes that the plan does not include the required 50
percent open space in the residential areas or the 10 percent open
space in the business district. The plan proposes just 45 percent as
open space for the entire development.

There's also the matter of a wastewater system that would have to be
built for the high-density population and smaller lot sizes that
cannot meet septic system set-back requirements. Dennis says, "A
wastewater improvement district would have to be formed prior to any
plat submittal ... "

Lee is also asking for an extension of the five-year build-out
requirement for developments. Since the project is so large and the
housing industry has been hit hard, he wants a 15-year time frame for
completing the project.

Dennis is recommending the commissioners send the rezoning request to
Board of Supervisors with their approval.

The supervisors have the final say in approval of any rezonings and
the matter will go before them for final determination at a future
meeting.