TO: Mayor Bien-Willner and Town Council
FROM: Andrew Miller, Town Attorney
DATE: March 12, 2020
CONTACT:
Staff Contact Andrew Miller, 480-348-3691
End
AGENDA TITLE:
Title
Consideration of Ordinance 2019-07; Amending Article XI, Section 1102.2.B. of the Zoning Ordinance; Medical Marijuana Dispensary Regulations
Body
RECOMMENDATION:
Recommendation
Continue the Public Hearing on Ordinance 2019-07 to May 28, 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 sta...
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