TO: Mayor and Town Council
FROM: Andrew Miller, Town Attorney
DATE: December 5, 2019
CONTACT:
Staff Contact Andrew Miller, 480-348-3691
End
AGENDA TITLE:
Title
Consideration of Ordinance 2019-07 Article XI, Section 1102.2.B. of the Zoning Ordinance; Medical Marijuana Dispensary Regulations
Body
RECOMMENDATION:
Recommendation
Continue the public hearing on draft Ordinance 2019-07 to March 12, 2020.
Background
BACKGROUND:
Many of the municipalities near paradise Valley have adopted specific spacing standards between medical marijuana dispensaries and residential properties. The current Town Zoning Ordinance provisions do not have specific spacing requirements but instead suggest that spacing should be a “primary concern” and that the spacing distance between medical marijuana dispensaries and residential properties should be “optimized.”
The Council should evaluate whether the Town should implement specific mandatory spacing requirements by making changes to Section 11102.2.B. of the Zoning Ordinance. The current Zoning Ordinance provision regarding spacing requirements is contained in Article XI, Section 1102.2.B.2.f.iv(11), which states:
(11) A medical marijuana dispensary shall be at least 1,500 feet from the following existing uses, as measured within the Paradise Valley municipal limits only: (a) educational institutions (b) places of worship (c) parks and recreational facilities (d) youth centers; and at least 5,280 feet from any other medical marijuana dispensary, as measured within the Paradise Valley municipal limits only. Measurements are taken from nearest property lines of the medical office use and each of the uses noted above. The location of the dispensary shall optimize distance from residentially zoned property. Residential spacing shall be the primary consideration for all reviews of intermediate SUP amendment applications for medical marijuana dispensaries.
By comparison, the spacing standards between medical marijuana dispensaries and residential properties contained in the zoning standards for other municipalities in the east valley are as follows:
The Town Manager had requested that the Planning Commission review the spacing standards for medical marijuana dispensaries and make recommendations, if any, to the Council regarding changes to the Zoning Ordinance spacing requirements. The Planning Commission discussed the spacing standards at its Work Study session on May 7, 2019, as well as at a Citizen Review Meeting on May 21, 2019. No public comments were received at these meetings. The Commission decided to recommend changes to the spacing standards. Those recommendations were then written into an ordinance format, Ordinance No. 2019-07 (the “Draft Ordinance,” copy attached). The Commission held a Public Hearing on the Draft Ordinance on June 4, 2019 with only one comment received - from a law firm that represents medical marijuana dispensary owners, who recommended denial of the Draft Ordinance. By unanimous vote, the Planning Commission recommended adoption of the Draft Ordinance.
The Town Council then scheduled the Draft Ordinance for study session discussion and for a public hearing on June 13, 2019. Prior to the Town Council hearing on the Draft Ordinance the Town received a letter from the Rose Law Group contending that the Draft Ordinance was illegal under the terms of the Arizona Medical Marijuana Act. Based on such a contention the Council continued the public hearing on the Draft Ordinance to December 5, 2019 so that research could be conducted on the claim that the Draft Ordinance would be illegal. At this time the Town Attorney’s Office is researching the claim of illegality, but such work is still ongoing. Based on the need for additional legal research it is recommended that the public hearing on the Draft Ordinance be continued until March 12, 2020.
Next Steps
It is recommended that the Council continue the public hearing to the Council meeting of March 12, 2020 to permit additional research on the legality of the proposed changes to the spacing standards for medical marijuana dispensaries can be conducted.
ATTACHMENTS:
Draft Ordinance No. 2019-07