City of Phoenix Sets New Zoning Ordinances

16 12 2010

ITEM 18 CITYWIDE ORDINANCE G-5573 –
AMEND ZONING CODE –
PUBLIC HEARING –
Z-TA-10-10 –
MEDICAL MARIJUANA
Request to hold a public hearing and approve the text amendment changes for
the following item by adopting the Planning Commission’s recommendation and
the related ordinance.
Application: Z-TA-10-10
Request: Medical Marijuana
Proposal: Text amendment to the Zoning Ordinance regarding the
sales, cultivation, and infusion facilities for medical
marijuana. The text amendment would include potentially
allowing the use within the commercial, industrial, and
agricultural zoning districts and other sections of the
ordinance as appropriate.
Applicant: City of Phoenix Planning Commission
Representative: City of Phoenix Planning Commission
Staff: Approved.
VPC Action: Village Planning Committees did not review
PC Action: December 8, 2010 – Recommendation will be verbal.
The following staff recommended language is subject to discussion at the
meeting, and the City Council may add, delete, or amend the language.
Proposed Language
Amend Section 202 (Definitions) by adding the following new definitions in
correct alphabetical order:
COMMUNITY CENTER, PUBLIC: A BUILDING OWNED BY THE CITY THAT IS
OPEN TO THE PUBLIC AND IS USED AS A PLACE FOR MEETINGS,
RECREATION, OR SOCIAL ACTIVITIES AND MAY HAVE OUTDOOR
RECREATIONAL FACILITIES.
MEDICAL MARIJUANA: MEANS OF ALL PARTS OF THE GENUS CANNABIS
WHETHER GROWING OR NOT, AND THE SEED OF SUCH PLANTS THAT
MAY BE ADMINISTERED TO TREAT OR ALLEVIATE A QUALIFYING
PATIENT’S DEBILITATING MEDICAL CONDITION OR SYMPTOMS
ASSOCIATED WITH THE PATIENT’S DEBILITATING MEDICAL CONDITION.
12/15/2010 – 47 –
MEDICAL MARIJUANA CULTIVATION: THE PROCESS BY WHICH A
PERSON GROWS A MARIJUANA PLANT. A FACILITY SHALL MEAN A
BUILDING, STRUCTURE, OR PREMISES USED FOR THE CULTIVATION OR
STORAGE OF MEDICAL MARIJUANA THAT IS PHYSICALLY SEPARATE AND
OFF-SITE FROM A MEDICAL MARIJUANA DISPENSARY.
MEDICAL MARIJUANA DISPENSARY: A NON-PROFIT ENTITY DEFINED IN
ARIZONA REVISED STATUTES (A.R.S.) § 36-2801(11), THAT SELLS,
DISTRIBUTES, TRANSMITS, GIVES, DISPENSES, OR OTHERWISE
PROVIDES MEDICAL MARIJUANA TO QUALIFYING PATIENTS.
MEDICAL MARIJUANA INFUSION FACILITY: A FACILITY THAT
INCORPORATES MEDICAL MARIJUANA (CANNABIS) BY THE MEANS OF
COOKING, BLENDING, OR INCORPORATION INTO CONSUMABLE OR
EDIBLE PRODUCT.
MEDICAL MARIJUANA QUALIFYING PATIENT: A PERSON WHO HAS BEEN
DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL
CONDITION AS DEFINED IN A.R.S. § 36-2801.13.
Amend Section 603.A (Suburban S-1 District – Ranch or Farm Residence) by
amending Paragraph 14 to read as follows:
14. RESERVED MEDICAL MARIJUANA CULTIVATION, SUBJECT TO THE
FOLLOWING CONDITIONS AND LIMITATIONS; FAILURE TO COMPLY
WITH THE BELOW REGULATIONS AND REQUIREMENTS SHALL
RESULT IN NON-COMPLIANCE AND IS SUBJECT TO REVOCATION
OR DENIAL OF THE USE PERMIT.
a. A USE PERMIT SHALL BE OBTAINED IN ACCORDANCE WITH
THE FOLLOWING STANDARDS AND PROCEDURES OF
SECTION 307 THE ZONING ORDINANCE AND:
1) SHALL BE REVIEWED EVERY 365 CALENDAR DAYS.
2) PROVIDE NAME(S) AND LOCATION(S) OF THE OFF-SITE
DISPENSARY.
3) INCLUDE A COPY OF THE OPERATING PROCEDURES
ADOPTED IN COMPLIANCE WITH A.R.S. § 36-
2804(B)(1)(C).
b. RETAIL SALES OF MEDICAL MARIJUANA IS PROHIBITED.
c. SHALL BE LOCATED IN A PERMANENT BUILDING AND MAY
NOT BE LOCATED IN A TRAILER, CARGO CONTAINER, OR
MOTOR VEHICLE.
12/15/2010 – 48 –
d. SHALL NOT BE LOCATED WITHIN 5,280 FEET OF THE SAME
TYPE OF USE OR A MEDICAL MARIJUANA DISPENSARY. THIS
DISTANCE SHALL BE MEASURED FROM THE EXTERIOR
WALLS OF THE BUILDING OR PORTION THEREOF IN WHICH
THE BUSINESSES ARE CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE NEAREST EXTERIOR WALLS OR
PORTION THEREOF FOR ANOTHER MEDICAL MARIJUANA
DISPENSARY, CULTIVATION, OR INFUSION FACILITY. A
SURVEY SEALED BY A REGISTRANT OF THE STATE OF
ARIZONA THAT SHOWS THE LOCATION OF THE NEAREST
MEDICAL MARIJUANA DISPENSARY OR CULTIVATION
LOCATION, IF WITHIN 5,480 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.
e. SHALL NOT BE LOCATED WITHIN 1,000 FEET OF A
RESIDENTIALLY ZONED PROPERTY. THIS DISTANCE SHALL
BE MEASURED FROM THE EXTERIOR WALLS OF THE
BUILDING OR PORTION THEREOF IN WHICH THE
CULTIVATION BUSINESS IS CONDUCTED OR PROPOSED TO
BE CONDUCTED TO THE PROPERTY LINE OF THE
RESIDENTIALLY ZONED PROPERTY. A SURVEY SEALED BY
A REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS
THE LOCATION OF THE NEAREST RESIDENTIALLY ZONED
PROPERTY, IF WITHIN 1,050 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.
f. SHALL NOT BE LOCATED WITHIN 1,320 FEET OF A
PRESCHOOL, KINDERGARTEN, ELEMENTARY, SECONDARY,
OR HIGH SCHOOL, PUBLIC PARK, OR PUBLIC COMMUNITY
CENTER. THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION THEREOF
IN WHICH THE CULTIVATION BUSINESS IS CONDUCTED OR
PROPOSED TO BE CONDUCTED TO THE PROPERTY LINE OF
THE PROTECTED USE. A SURVEY SEALED BY A
REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS THE
LOCATION OF THE NEAREST KINDERGARTEN, ELEMENTARY,
SECONDARY, OR HIGH SCHOOL, PUBLIC PARK, OR
COMMUNITY CENTER, IF WITHIN 1,370 FEET, SHALL BE
SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.
12/15/2010 – 49 –
g. SHALL NOT BE LOCATED WITHIN 500 FEET OF A PLACE OF
WORSHIP. THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION THEREOF
IN WHICH THE CULTIVATION BUSINESS IS CONDUCTED OR
PROPOSED TO BE CONDUCTED TO THE PROPERTY
BOUNDARY LINE OF THE PLACE OF WORSHIP. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA THAT
SHOWS THE LOCATION OF THE NEAREST PLACE OF
WORSHIP, IF WITHIN 550 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.
Amend Section 604.A (Suburban S-2 District – Ranch or Farm Commercial) by
adding a new Paragraph 9 to read as follows:
9. MEDICAL MARIJUANA CULTIVATION, SUBJECT TO THE
FOLLOWING CONDITIONS AND LIMITATIONS; FAILURE TO
COMPLY WITH THE BELOW REGULATIONS AND REQUIREMENTS
SHALL RESULT IN NON-COMPLIANCE AND IS SUBJECT TO
REVOCATION OR DENIAL OF THE USE PERMIT.
a. A USE PERMIT SHALL BE OBTAINED IN ACCORDANCE WITH
THE FOLLOWING STANDARDS AND PROCEDURES OF
SECTION 307 OF THE ZONING ORDINANCE AND:
1) SHALL BE REVIEWED EVERY 365 CALENDAR DAYS.
2) PROVIDE NAME(S) AND LOCATION(S) OF THE OFFSITE
DISPENSARY.
3) INCLUDE A COPY OF THE OPERATING PROCEDURES
ADOPTED IN COMPLIANCE WITH A.R.S. § 36-
2804(B)(1)(C).
b. RETAIL SALES OF MEDICAL MARIJUANA IS PROHIBITED.
c. SHALL BE LOCATED IN A PERMANENT BUILDING AND MAY
NOT BE LOCATED IN A TRAILER, CARGO CONTAINER, OR
MOTOR VEHICLE.
12/15/2010 – 50 –
d. SHALL NOT BE LOCATED WITHIN 5,280 FEET OF THE SAME
TYPE OF USE OR A MEDICAL MARIJUANA DISPENSARY.
THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE BUSINESSES ARE CONDUCTED
OR PROPOSED TO BE CONDUCTED TO THE NEAREST
EXTERIOR WALLS OR PORTION THEREOF FOR ANOTHER
MEDICAL MARIJUANA DISPENSARY, CULTIVATION, OR
INFUSION FACILITY. A SURVEY SEALED BY A REGISTRANT
OF THE STATE OF ARIZONA THAT SHOWS THE LOCATION
OF THE NEAREST MEDICAL MARIJUANA DISPENSARY OR
CULTIVATION LOCATION, IF WITHIN 5,480 FEET, SHALL BE
SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.
e. SHALL NOT BE LOCATED WITHIN 1,000 FEET OF A
RESIDENTIALLY ZONED PROPERTY. THIS DISTANCE SHALL
BE MEASURED FROM THE EXTERIOR WALLS OF THE
BUILDING OR PORTION THEREOF IN WHICH THE
CULTIVATION BUSINESS IS CONDUCTED OR PROPOSED TO
BE CONDUCTED TO THE PROPERTY LINE OF THE
RESIDENTIALLY ZONED PROPERTY. A SURVEY SEALED BY
A REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS
THE LOCATION OF THE NEAREST RESIDENTIALLY ZONED
PROPERTY, IF WITHIN 1,050 FEET, SHALL BE SUBMITTED
TO THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.
f. SHALL NOT BE LOCATED WITHIN 1,320 FEET OF A
PRESCHOOL, KINDERGARTEN, ELEMENTARY,
SECONDARY, OR HIGH SCHOOL, PUBLIC PARK, OR PUBLIC
COMMUNITY CENTER. THIS DISTANCE SHALL BE
MEASURED FROM THE EXTERIOR WALLS OF THE BUILDING
OR PORTION THEREOF IN WHICH THE CULTIVATION
BUSINESS IS CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE PROPERTY LINE OF THE PROTECTED
USE. A SURVEY SEALED BY A REGISTRANT OF THE STATE
OF ARIZONA THAT SHOWS THE LOCATION OF THE
NEAREST KINDERGARTEN, ELEMENTARY, SECONDARY, OR
HIGH SCHOOL, PUBLIC PARK, OR PUBLIC COMMUNITY
CENTER, IF WITHIN 1,370 FEET, SHALL BE SUBMITTED TO
THE CITY.
12/15/2010 – 51 –
g. SHALL NOT BE LOCATED WITHIN 500 FEET OF A PLACE OF
WORSHIP. THIS DISTANCE SHALL BE MEASURED FROM
THE EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE CULTIVATION BUSINESS IS
CONDUCTED OR PROPOSED TO BE CONDUCTED TO THE
PROPERTY LINE OF THE PLACE OF WORSHIP. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA
THAT SHOWS THE LOCATION OF THE NEAREST PLACE OF
WORSHIP, IF WITHIN 550 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.
Amend Section 623.D (Commercial C-2 District – Intermediate Commercial) by
adding a new Paragraph 100 to read as follows and renumber the remaining
section accordingly:
Permitted Uses:
99. Merchandise Brokers Office and Display
100. MEDICAL MARIJUANA DISPENSARY (NO CULTIVATION), SUBJECT
TO THE FOLLOWING CONDITIONS AND LIMITATIONS; FAILURE TO
COMPLY WITH THE BELOW REGULATIONS AND REQUIREMENTS
SHALL RESULT IN NON-COMPLIANCE AND IS SUBJECT TO
REVOCATION OR DENIAL OF THE USE PERMIT.
a. A USE PERMIT SHALL BE OBTAINED IN ACCORDANCE WITH
THE STANDARDS AND PROCEDURES OF SECTION 307 OF
THE ZONING ORDINANCE AND:
1) SHALL BE REVIEWED EVERY 365 CALENDAR DAYS.
2) PROVIDE NAME(S) AND LOCATION(S) OF THE OFFSITE
CULTIVATION LOCATION.
3) INCLUDE A COPY OF THE OPERATING PROCEDURES
ADOPTED IN COMPLIANCE WITH A.R.S. § 36-
2804(B)(1)(C).
b. SHALL BE LOCATED IN A PERMANENT BUILDING AND MAY
NOT BE LOCATED IN A TRAILER, CARGO CONTAINER, OR
MOTOR VEHICLE.
c. SHALL NOT EXCEED 2,000 SQUARE FEET OF NET FLOOR
AREA; THIS SHALL INCLUDE ALL STORAGE AREAS, RETAIL
SPACE, AND OFFICES.
12/15/2010 – 52 –
d. SHALL NOT BE LOCATED WITHIN 5,280 FEET OF THE SAME
TYPE OF USE OR A MEDICAL MARIJUANA DISPENSARY.
THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE BUSINESSES ARE CONDUCTED
OR PROPOSED TO BE CONDUCTED TO THE NEAREST
EXTERIOR WALLS OR PORTION THEREOF FOR ANOTHER
MEDICAL MARIJUANA DISPENSARY, CULTIVATION, OR
INFUSION FACILITY. A SURVEY SEALED BY A REGISTRANT
OF THE STATE OF ARIZONA THAT SHOWS THE LOCATION
OF THE NEAREST MEDICAL MARIJUANA DISPENSARY OR
CULTIVATION LOCATION, IF WITHIN 5,480 FEET, SHALL BE
SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.
e. SHALL NOT BE LOCATED WITHIN 250 FEET OF A
RESIDENTIALLY ZONED PROPERTY. THIS DISTANCE SHALL
BE MEASURED FROM THE EXTERIOR WALLS OF THE
BUILDING OR PORTION THEREOF IN WHICH THE
DISPENSARY BUSINESS IS CONDUCTED OR PROPOSED TO
BE CONDUCTED TO THE PROPERTY LINE OF THE
RESIDENTIALLY ZONED PROPERTY. A SURVEY SEALED BY
A REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS
THE LOCATION OF THE NEAREST RESIDENTIALLY ZONED
PROPERTY, IF WITHIN 300 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.
f. SHALL NOT BE LOCATED WITHIN 1,320 FEET OF A
PRESCHOOL, KINDERGARTEN, ELEMENTARY,
SECONDARY, OR HIGH SCHOOL, PUBLIC PARK, OR PUBLIC
COMMUNITY CENTER. THIS DISTANCE SHALL BE
MEASURED FROM THE EXTERIOR WALLS OF THE BUILDING
OR PORTION THEREOF IN WHICH THE DISPENSARY
BUSINESS IS CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE PROPERTY LINE OF THE PROTECTED
USE. A SURVEY SEALED BY A REGISTRANT OF THE STATE
OF ARIZONA THAT SHOWS THE LOCATION OF THE
NEAREST KINDERGARTEN, ELEMENTARY, SECONDARY, OR
HIGH SCHOOL, PUBLIC PARK, OR PUBLIC COMMUNITY
CENTER, IF WITHIN 1,370 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.
12/15/2010 – 53 –
g. SHALL NOT BE LOCATED WITHIN 500 FEET OF A PLACE OF
WORSHIP. THIS DISTANCE SHALL BE MEASURED FROM
THE EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE DISPENSARY BUSINESS IS
CONDUCTED OR PROPOSED TO BE CONDUCTED TO THE
PROPERTY LINE OF THE PLACE OF WORSHIP. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA
THAT SHOWS THE LOCATION OF THE NEAREST PLACE OF
WORSHIP, IF WITHIN 550 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.
h. SHALL HAVE OPERATING HOURS NOT EARLIER THAN
8:00 A.M. AND NOT LATER THAN 7:00 P.M.
i. DRIVE-THROUGH SERVICES ARE PROHIBITED.
j. CULTIVATION OF MEDICAL MARIJUANA IS PROHIBITED.

Advertisements

Actions

Information

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




%d bloggers like this: