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File #: 19-226    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 5/13/2019 In control: Planning Commission
On agenda: 5/21/2019 Final action: 5/21/2019
Title: Citizen Review Session Regarding Approval of Town Manager Recommendations on Changes to Article XI, Section 1102.2.B of the Zoning Ordinance
Attachments: 1. Draft Ordinance 2019- 07 Article XI Section B Spacing


TO: Chair and Planning Commission

FROM: Brian Dalke, Interim Town Manager
Andrew Miller, Town Attorney
Jeremy Knapp, Community Development Director

DATE: May 21, 2019

CONTACT:
Staff Contact
Andrew Miller, 480-348-3526
End

AGENDA TITLE:
Title
Citizen Review Session Regarding Approval of Town Manager Recommendations on Changes to Article XI, Section 1102.2.B of the Zoning Ordinance
Body

Background
BACKGROUND:
At its work study meeting on May 7, the Planning Commission discussed recommendations to changes to the draft ordinance regarding Article XI, Section 1102.2.B of the Zoning Ordinance as it relates to spacing requirements between medical marijuana dispensaries and residential properties. As background, the Town Council, at its meeting on April 25, 2019, discussed recommended changes to Article XI, Section 1102.2.B of the Zoning Ordinance. Based on the Council discussion the Town Manager determined (pursuant to his authority under Town Code ?2-5-2D.1.(c)(3)) to recommend to the Planning Commission that the spacing standard between medical marijuana dispensaries and residential properties be set at 1,500 feet, similar to the spacing standards for other cities near Paradise Valley.

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 current Zoning Ordinance provision in Article XI, Section 1102.2.B.2.f.iv(11), 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 facili...

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