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Apache Junction planning panel approves CUP amendment to update ownership of long‑standing marijuana cultivation site
Summary
The Planning and Zoning Commission approved a conditional use permit amendment May 13 to update ownership information for an existing marijuana cultivation and infusion kitchen at 1575 East Eighteenth, noting the use has been authorized since 2014 and that a November odor complaint was mitigated.
The Planning and Zoning Commission for the City of Apache Junction on May 13 approved an amendment to a conditional use permit to update ownership information for an existing marijuana cultivation and infusion kitchen at 1575 East Eighteenth Avenue, on the southwest corner of South Tomahawk Road and East Eighteenth Road. The commission voted unanimously to approve Resolution P-24-87-CUP, which updates the owner to Border Health Inc., subject to the 20 conditions in the staff report.
The amendment is administrative: it does not expand the facility’s permitted uses or change operating conditions. City planner Nick Leftwich told the commission the update is required under condition 16 of the existing CUP (Resolution P-2166) and that the business has been authorized at the site since 2014. "This isn't a question regarding land use, as much as it is just an administrative procedural update," Leftwich said.
Leftwich said the applicant met the city's public-notification requirements: a neighborhood meeting (no neighbors attended), a posted sign on the site, mailed notices to properties within a 300-foot buffer and a newspaper notice. He also reported the city received odor complaints in November tied to the transition in ownership, and staff worked with the then-current owners to resolve those complaints and establish a mitigation plan. "We have not had any complaints since then," Leftwich said.
Attorney Justin Brandt, representing the applicant, identified the applicants as Border Health Incorporated and Cortex Holdings LLC and asked the commission to approve the amendment. There were no public comments.
Commissioners framed their findings around standard CUP criteria: adequacy of roadways and off‑street parking, negative impacts from emissions or noise, effects on neighborhood property values, compatibility with surrounding uses, screening and buffering and conformance with the 2020 General Plan. Commissioners said the facility has operated at the site for several years without ongoing problems; one commissioner described the request as "housekeeping." The commission explicitly considered the findings of fact and concluded the existing conditions continue to be met.
Vice Chair Barker moved to approve the CUP amendment as described in the staff report; a second was offered (not specified in the record). The roll call vote was unanimous: Chairman Hanche — yes; Vice Chair Barker — yes; Commissioner Gage — yes; Commissioner Star — yes; Commissioner Bigelow — yes; Commissioner Mikelund — yes. The commission's action takes effect unless a written appeal challenging the decision is filed within 20 days together with one-half of the filing fee, as noted by the chair.
Copies of the original CUP were requested to be provided to staff before the meeting's end. The commission adjourned at 7:12 p.m.
