TO: Mayor and Town Council
FROM: Jill B. Keimach, Town Manager
Andrew Miller, Town Attorney
DATE: June 13, 2019
CONTACT:
Staff Contact
Andrew Miller, Town Attorney, 480-348-3691
End
AGENDA TITLE:
Title
Adoption of Ordinance Number 2019-07 Amending Article XI, Section 1102.2.B. of the Zoning Ordinance.
Body
RECOMMENDATION:
Recommendation
Adopt Ordinance Number 2019-07.
Background
BACKGROUND:
The Interim Town Manager referred to the Planning Commission a recommended change to Article XI, Section 1102.2.B of the Zoning Ordinance as it relates to spacing requirements between medical marijuana dispensaries ("MMDs") and residential properties (the "Manager's Recommendation"). The Manager's Recommendation came in the form of a draft ordinance (now "Ordinance No. 2019-07," copy attached). The Commission held a study session on May 7, 2019, a Citizen Review meeting on May 21, 2019, and a Public Hearing on June 4, 2019 to discuss and take public comment regarding draft Ordinance No. 2019-07. The only comments received on the draft ordinance at the June 4th hearing were from an attorney from the Rose Law Group who stated that the current provisions in the Zoning Ordinance regarding spacing between MMDs and residential properties is quite strong and provide great protection for residential properties; and that the Commission should delay consideration of Ordinance No. 2019-07 or recommend denial. After closing the hearing, by unanimous vote, the Planning Commission recommended approval of draft Ordinance No. 2019-07.
The Town Council discussed the issue of spacing standards between MMDs and residential properties at a study session on April 25, 2019. Based on comments at the meeting Interim Town Manager Brian Dalke recommended that the Commission consider changes to the Zoning Ordinance. Those changes would have a specific spacing standard of 1,500 feet between MMDs and residential properties, similar to the spacing standards f...
Click here for full text