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 conven...
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