TO: Mayor Bien-Willner and Town Council
FROM: Jill Keimach, Town Manager
Andrew Miller, Town Attorney
DATE: October 22, 2020
CONTACT:
Staff Contact Andrew Miller, 480-348-3691
End
AGENDA TITLE:
Title
Adoption of Ordinance No. 2019-07; Revisions to the Zoning Ordinance Relating to Medical Marijuana Dispensaries
Body
RECOMMENDATION:
Recommendation
Adopt Ordinance No. 2019-07
Background
BACKGROUND:
On May 28, 2020 the Town Council held a public hearing on Draft Ordinance No. 2019-07 and then continued the public hearing to October 22, 2020. Since the time of that continuance, the Town staff has received legal advice from outside counsel regarding some changes and improvements in the draft ordinance that would improve the draft ordinance by creating a 2-step approach for processing applications for Medical Marijuana Dispensaries (MMDs). The Council reviewed the draft ordinance at its October 8, 2020 Study Session and had no suggested changes to the draft ordinance. Staff recommends that the Council approve Ordinance No. 2019-07 and implement a 2-step process for MMD rezoning applications.
First Step:
Step one requires that as a precondition of filing an application for a MMD an applicant must first determine whether there are any existing operating medical marijuana dispensaries (each an "Available Facility") located within 10 miles of the approximate center of the Town of Paradise Valley (at approximately the intersection of E Mockingbird Lane and N Mummy Mountain Road); and if so, then the application shall be refused. Such refusal is based on the fact that the Arizona Department of Health Services (AzDHS) rules for the distribution of medical marijuana dispensaries focuses on locating the dispensaries within 10 miles of an area where there is a high concentration of medical marijuana cardholders. There are currently numerous Available Facilities within a short distance and drive time from Paradise Valley, thus the...
Click here for full text