County P&Z backs plan for marijuana cultivation site

Official: Business would create 20 jobs, eventually employ 50 people

The Yuma County Planning and Zoning Commission unanimously voted in favor of allowing a 5-acre marijuana cultivation site with up to three buildings to open north of Hyder when it met Monday.

The commission supported a minor Comprehensive Plan amendment, zoning change and special use permit for Yuma-based Kactus Kush Farms LLC with a 10-0 vote, for the easternmost portion of a 63-acre property at County 17 1/2 Street North and the alignment of Avenue 74.

It would be one of about 30 licensed marijuana cultivation sites in Arizona and help supply 130 medical marijuana dispensaries around the state, with the highest concentration in Maricopa County, said Peter Valenzuela, a government relations consultant from Phoenix representing Kactus Kush.

County planning staff recommended approval of the special use permit and the zoning change from Rural Area-40 acre minimum to Light Industrial-5 acre minimum, finding the operation would be compatible with other nearby uses.

But staff also said that according to the county’s criteria, the Comprehensive Plan change from Agriculture/Rural Preservation to Agriculture/Industrial was not compatible with the land uses that had been designated for surrounding properties and should be denied.

All three changes are necessary to allow the operation, since medical marijuana dispensaries and cultivation are only permitted on Light Industrial zoned land under the county zoning ordinance.

Valenzuela said there is a heavy-industrial use less than three miles away, and another property two miles away with similar light-industrial zoning, “so we think in terms of the request itself, it conforms with county policy.”

A 12,600-square-foot preengineered metal building would be constructed to grow the marijuana, along with smaller kitchen and office facilities for staff on the site. The site plan includes two more buildings to be added with future growth.

Valenzuela said the business would create 20 jobs

initially, and eventually is expected to employ about 50 people.

The isolated property is less than four miles away from the Maricopa County property line, and about 90 miles northeast of Yuma. It’s within the boundaries of the Hyder Elementary School District, and the proposal has significant support from nearby communities including Hyder and Dateland, said Bob Sloncen, office/transportation and maintenance manager for the district.

“We are the stepchild of Yuma County,” he said, “We have one of the biggest tax bases now, because of the (White Wing) solar project, but we don’t feel like we get treated with the respect that we should.”

He said, “We are thirsty for employment opportunities and from what I’ve heard tonight, there are many positives about this program and what it would do for Yuma County, and what it would do for the Hyder area.”

Commission member Gary Black said the county Comprehensive Plan is intended to keep “spot development” from occurring, but when the Comprehensive Plan was last updated, people had no idea medical marijuana cultivation would ever become an issue.

He said “with this proposed project, we have something that yes, is different that we didn’t plan for, but I think we have an opportunity to make a minor amendment and make a precedent, and maybe look at this in the next plan.”

This and all other commission votes on zoning cases are forwarded to the county Board of Supervisors, which has the final say.

Also Wednesday, commission:

• Voted to create a subcommittee including members and staff to work with local attorney Barry Olsen, who said he had been retained by a group of local builders and other businesses to work on changes to county regulations they felt would make them less cumbersome for businesses and residents.

The issue arose after commission member Danny the Bryant proposed new language for the zoning ordinance on how to handle unpermitted buildings no longer owned by the party that built them and appeals of zoning cases, but was told by Planning and Zoning Director Maggie Castro the changes wouldn’t be allowed under current state and county law.

Olsen said he wanted to address those issues, related to a case he won against the county at the state Court of Appeals, as well as several others which had been brought up to him by builders. These include requirements for doing traffic studies, procedure for zoning violation hearings and enforcement, and public hearing notice requirements.

“I think what needs to happen is the development community, and I’m the one who’s leading this effort, needs to meet with staff and basically outline what the issues are, what provisions of the zoning ordinance need to be amended and then have a dialogue with staff and come back before you for a discussion about this is what we’re proposing, here’s everybody’s position on it,” Olsen said.

• Unanimously recommended against the rezoning of a 10 acre property on Avenue 1E south of County 14 1/2 Street from Rural Area-10 acre minimum to Rural Area-5 acre minimum, after Paula Backs, community planner for Marine Corps Air StationYuma, said the base opposes the plan because it would lead to more residential growth within the 70-74 decibel zone surrounding the base.

• Supported the rezoning of 10 acres located south of County 17th Street and Avenue A from Rural Area-10 acre minimum to Suburban Site Built-2 acre minimum with an 8-2 vote, after the commission split on whether the developer should be required to chip-seal the access road to the properties. The majority voted to keep the requirement in place, as recommended by staff.

• Unanimously approved a special use permit for automotive sales on a property at 2852 E. Highway 95.

• Also unanimously approved a special use permit for an accessory dwelling for a residence at 13561 S. Sierra Bonita Blvd.