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ITEM 3 |
City Council Memorandum Development Services Memo No. 23-001FA
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Date: |
February 6, 2023 |
To: |
Mayor and Council |
Thru: |
Joshua H. Wright, City Manager Andy Bass, Deputy City Manager Derek D. Horn, Development Services Director |
From: |
Kevin Mayo, Planning Senior Manager |
Subject: |
PLH22-0060 Medical Marijuana Code Amendment Final Adoption of Ordinance No. 5044 |
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In 2010, voters passed Proposition 203, the Arizona Medical Marijuana Act, that legalized the use of medical marijuana and established regulations for its growth, cultivation, and dispensation, which are administered by the Arizona Department of Health Services (ADHS). The proposition did not preempt cities from enacting reasonable zoning regulations for medical marijuana uses. Thus, in 2011, Chandler amended the Zoning Code (Ordinance No. 4278) requiring Use Permit approval for medical marijuana facilities, cultivation sites and infusion food establishments, and adopting approval criteria, definitions, and procedures by which these uses may be considered in Chandler. Subsequently, in 2017, the Zoning Code was amended by replacing the Use Permit approval process with an administrative zoning clearance review and approval process, more closely aligning Chandler’s regulatory process with neighboring valley cities. As well, the one-year approval expiration was removed, and the ability to reduce the separation requirements was prohibited. In 2018, the Zoning Code was amended (Ordinance No. 4855) again to expand the hours of operation, and no longer prohibit off-site deliveries and sale of other merchandise. Finally, in 2020, Arizona voters approved Proposition 207 (the Smart and Safe Act), which legalized the possession, cultivation, and dispensing of recreational marijuana and set forth state licensing requirements. These licensing requirements and additional regulations are administered by ADHS. The Arizona Department of Revenue additionally collects both standard transaction privilege tax (TPT) and a 16% excise tax on the retail sale of recreational marijuana. The subject amendment was initiated by a request to modify the City Zoning Code by amending Article II.-Definitions, Article XXI.-Table of Permitted Uses For Nonresidential Districts, and Article XXII.- Additional Height and Area Regulations as they relate to regulating medical marijuana facilities, medical marijuana cultivation sites, and medical marijuana infusion food establishments. Proposed amendments include expanding hours of operation, increasing square-footage size limitations, and permitting the collocation of an ancillary medical marijuana facility with its affiliated onsite medical marijuana cultivation site and/or medical marijuana infusion food establishment when approved through a Conditional Use Permit. Proposed Code Amendment The attached proposed Zoning Code Amendment contains the proposed changes to ARTICLE II.-DEFINITIONS, ARTICLE XXI.-TABLE OF PERMITTED USES FOR NONRESIDENTIAL DISTRICTS, and ARTICLE XXII.-ADDITIONAL HEIGHT AND AREA REGULATIONS. The following is a summary of the proposed Code Amendment.
- Expand the size limitation for a Medical Marijuana Facility from not larger than 2,500 square feet to 5,000 square feet
- Expand the size limitation for a Medical Marijuana Cultivation Site from not larger than 3,000 square feet to 5,000 square feet
- Establish a size limitation for a Medical Marijuana Infusion Food Establishment of not larger than 5,000 square feet
- Amend the hours of operation for a Medical Marijuana Facility from 9:00 am - 10:00 pm to 7:00 am - 10:00 pm
- Permit the collocation of an ancillary Medical Marijuana Facility with its affiliated onsite Medical Marijuana Cultivation Site and/or Medical Marijuana Infusion Food Establishment subject to:
- Conditional Use Permit required
- Ancillary to the primary use, not larger than 2,500 square feet or 25% of the gross building square footage, whichever is less
- Located within 1,320 feet of an arterial roadway
- Shall have frontage and direct access from Public Right-Of-Way
Public Notification
- This request was noticed in accordance with the requirements of the Chandler Zoning Code
- This request was noticed within the City's Social Media
- The public hearing schedule was posted on the City's website and advertised in the newspaper
- As of the writing of this memo, City staff is unaware of any opposition to this proposed Code Amendment
Planning and Zoning Commission Vote Report Planning and Zoning Commission meeting of December 7th, 2022. Motion to Approve. In Favor: 6 Opposed: 0 Absent: 1 (Barichello) Ordinance No. 5044 was Introduced and Tentatively Adopted on January 26th, 2023. |