TO: Mayor and Town Council
FROM: Andrew Miller, Town Attorney
DATE: October 8, 2020
CONTACT:
Staff Contact Andrew Miller, 480-348-3691
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AGENDA TITLE:
Title
Discussion of Ordinance No. 2019-07; Revisions to the Zoning Ordinance Relating to Medical Marijuana Dispensaries…
Body
Background
BACKGROUND:
Draft Ordinance 2019-07 creates a 2-step approach for processing applications for a Medical Marijuana Dispensary (MMD). Step one is based on the fact that there are numerous other MMDs within a short distance and drive time from Paradise Valley and that the Arizona Department of Health Services (AzDHS) rules for MMDs focus on locating MMDs within 10 miles of an area where there is a high concentration of medical marijuana cardholders. Thus, the Town would prohibit the acceptance of an application for an MMD if there are existing available MMD facilities within a 10-mile radius of the “center” of the Town (at approximately the intersection of E Mockingbird Lane and N Mummy Mountain Road). Step two modifies some of the existing provisions of Section 1102.2(B)(2)(f) of the Zoning Ordinance regarding approval standards for an MMD, with a change to the residential spacing standards such that an MMD could not be located within 300 feet of a residence.
First Step:
Because AzDHS applies a “10 mile” approach to granting new MMD licenses, the Town can look to the fact that there are already many other existing MMDs near the Town as a basis for refusing to accept an MMD application. Zoning Ordinance § 1102.2.B.2.f lists an MMD as an “allowed use” subject to a number of criteria. Draft Ordinance No. 2019-07 creates a new subsection i. stating that a precondition to submitting an application is that the applicant must first determine whether there is an “Available Facility” within 10 miles of the specified center of the Town (latitude and longitude based) at the time of application. The rationale is that if there are already one or more convenient MMD locations within a close proximity to the center of the Town, medical marijuana cardholders will have quick access to an MMD and thus there is no reason for the Town to accept an application. Further, if the Town has reason to believe that there is an Available Facility at the time an application is submitted, then the Town can select a consultant (paid for by the applicant) to determine whether there are any Available Facilities, and if so, then such a finding shall be grounds for refusal to accept the application for a MMD.
Second Step:
Because a 1500’ spacing between a MMD and any residential property would leave no possible MMD sites in PV at the current time, such an ordinance change might lead to a SB1487 complaint or a legal challenge to the reasonableness of the PV Zoning Ordinance, and alternative approach to spacing is suggested.
Section 1102.2.B.2.f .vi.(11) has been modified to provide that the spacing between an MMD and any residential use district or any resort or residential use within a resort SUP district must be at least 300 feet. The same section has been modified to require that:
“All distances shall be measured from the wall of the office suite or space occupied by the medical marijuana dispensary nearest to the nearest property line of the district(s) or use(s) indicated above.”
This change provides for adequate spacing between an MMD site and the nearest residential or resort properties and is not as problematic as measuring from the property lines of a medical office SUP property .
Next Steps
Review the staff suggested changes to draft ordinance No. 2019-07 and provide feedback and direction on any changes needed . This ordinance is scheduled for a public hearing on October 22, 2020.
ATTACHMENTS:
Draft Ordinance 2019-07
PowerPoint Presentation