HomeMy WebLinkAboutResolution 2010-103 declaring amendments to title 3 and title 5 of the land development code a public recordMARANA RESOLUTION N0.2010-103
RELATING TO DEVELOPMENT; DECLARING THE AMENDMENTS TO MARANA
LAND DEVELOPMENT CODE TITLE 3 (DEFINITIONS), TITLE 5 (ZONING), AND TITLE
8 (GENERAL DEVELOPMENT REGULATIONS) RELATING TO "MEDICAL MARIJUANA
DISPENSARY" AND "MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION
LOCATION" ZONING REGULATIONS AS A PUBLIC RECORD FILED WITH THE TOWN
CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 3
(Definitions), Title 5 (Zoning), and Title 8 (General Development Regulations) relating to
"medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location"
zoning regulations, a copy of which is attached to and incorporated in this resolution as
Exhibit A and three copies of which are on file in the office of the Town Clerk, are hereby
declared to be a public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19~' day of October, 2010.
Mayor Ed Honea
ATTEST:
lyn ronson, Town Clerk
{00023025.DOC /}
APPROVED AS TO FORM:
EXHIBIT A TO MARANA RESOLUTION NO. 2010-103
Amendments to Marana Land Development Code Title 3 (Defmitions), Title 5 (Zoning), and
Title 8 (General Development Regulations) relating to "medical marijuana dispensary" and
"medical marijuana dispensary offsite cultivation location" zoning regulations
adopted pursuant to Marana Ordinance No. 2010.18
SECTION 1. Title 3 (Definitions) of the Marana Land Development Code is hereby
amended by adding the following definitions of "medical marijuana dispensary" and "medical
marijuana dispensary offsite cultivation location" to Section 03.13 (Definitions "M"):
Medical marijuana dispensary: A nonprofit medical marijuana dispensary duly
registered and certified pursuant to A.R.S. § 36-2804.
Medical marijuana dispensary offsite cultivation location: The one additional
location, if any, duly identified pursuant to A.R.S. § 36-2806 (E) during the
process of registering a nonprofit medical marijuana dispensary, where
marijuana will be cultivated for sale at a nonprofit medical marijuana dispensary
duly registered and certified pursuant to A.R.S. § 36-2804.
SECTION 2. Title 5 (Zoning) of the Marana Land Development Code is hereby amended
by revising paragraph D ("Conditional Uses") of Section 05.10.01 (AG Agricultural) to add a
new subparagraph 13, as follows:
13. Medical marijuana dispensary offsite cultivation location, subject to the
requirements found in Section 08.08.
SECTION 3. Title 5 (Zoning) of the Marana Land Development Code is hereby amended
by revising paragraph D ("Conditional Uses") of Section 05.11.04 (RC Regional Commercial) to
renumber existing paragraph d as paragraph e, and to add new subparagraph d, as follows:
d. Medical marijuana dispensary, subject to the conditional use permit
procedure set forth in Section 10.10 and subject to the requirements
found in Section 08.08.
SECTION 4. Title 5 (Zoning) of the Marana Land Development Code is hereby amended
by revising paragraph E ("Conditional Uses") of Section 05.12.02 (LI Light Industrial) to add
new subparagraphs 7 and 8, as follows:
7. Medical marijuana dispensary, subject to the requirements found in
Section 08.08.
8. Medical marijuana dispensary offsite cultivation location, subject to the
requirements found in Section 08.08.
SECTION 5. Title 5 (Zoning) of the Marana Land Development Code is hereby amended
by revising paragraph D ("Conditional Uses") of Section 05.12.03 (HI Heavy Industrial) as
follows (with additions shown with double underlining):
D. Conditional Uses.
The Planning Administrator may permit any other use which may
be similar to those listed above, in conformity with the intent and
purpose of this zone, and not more obnoxious or detrimental to
the public health, safety, welfare or to other uses permitted in this
zone.
{00023024.DOC / 4} - 1 - 10/19/2010 8:30 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-103
Amendments to Marana Land Development Code Title 3 (Defmitions), Title 5
(Zoning), and Title 8 (General Development Regulations) relating to "medical
marijuana dispensary" and "medical marijuana dispensary offsite cultivation
location" zoning regulations adopted pursuant to Marana Ordinance No. 2010.18
ed ica l m arij uana diso ensa rv. subject to th e c ondit ional use
perm it proc ed ure se t fo rth in Se ction 1 0.1 0 a nd subj ect to the
reau ire men ts f ound in Se ction 08. 08.
Med ica l ma riju ana d isoe nsar v off site cul tiva tio n lo catio n. subeec
tQ4h e c ond itio nal use oe rmit proc edure s et f ort h in Sec tion 10.10
nd su bject to the rea uir emen ts fo und in S ec tion 08 .08.
SECTION 6. Title 8 (General Development Regulations) of the Marana Land
Development Code is hereby amended by adding new Section 08.08, as follows:
08.08 Medical Marijuana Uses.
A. The minimum requirements of this section shall apply to all "medical
marijuana dispensary" and "medical marijuana dispensary offsite
cultivation location" uses located in any zoning district.
B. In addition to any other application requirements, an applicant for any
"medical marijuana dispensary" or "medical marijuana dispensary offsite
cultivation location" conditional use permit shall provide the following:
1. A notarized authorization executed by the property owner,
acknowledging and consenting to the proposed use of the
property as a medical marijuana dispensary or a medical
marijuana dispensary offsite cultivation location, as applicable.
2. The legal name of the medical marijuana dispensary or medical
marijuana dispensary offsite cultivation location.
3. If the application is for a medical marijuana dispensary offsite
cultivation location, the name and location of the medical
marijuana dispensary with which it is associated.
4. The name, address, and birth date of each officer and board
member of the nonprofit medical marijuana dispensary.
5. The name, address, birth date, and valid registry identification
card number of each nonprofit medical marijuana dispensary
agent.
6. A copy of the operating procedures adopted in compliance with
A.R.S. §36-2804 (B) (1) (c).
7. A notarized certification that none of the nonprofit medical
marijuana dispensary officers or board members has been
convicted of any of the following offenses:
i. A violent crime as defined in A.R.S. § 13-901.03 (B) that
was classified as a felony in the jurisdiction where the
person was convicted.
ii. A violation of state or federal controlled substance law that
was classified as a felony in the jurisdiction where the
person was convicted except an offense for which the
{00023024.DOC / 4} - 2 - 10/19/2010 8:30 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-103
Amendments to Marana Land Development Code Title 3 (Definitions), Title 5
(Zoning), and Title 8 (General Development Regulations) relating to "medical
marijuana dispensary" and "medical marijuana dispensary offsite cultivation
location" zoning regulations adopted pursuant to Marana Ordinance No. 2010.18
sentence, including any term of probation, incarceration or
supervised release, was completed ten or more years
earlier or an offense involving conduct that would be
immune from arrest, prosecution or penalty under A.R.S.
§ 36-2811 except that the conduct occurred before the
effective date of that statute or was prosecuted by an
authority other than the state of Arizona.
8. A notarized certification that none of the nonprofit medical
marijuana dispensary officers or board members has served as an
officer or board member for a medical marijuana dispensary that
has had its registration certificate revoked.
9. A floor plan showing the location, dimensions and type of security
measures demonstrating that the medical marijuana dispensary or
medical marijuana dispensary offsite cultivation location will be
secured, enclosed, and locked as required by law.
10. A scale drawing depicting the property lines and the separations
from the nearest property boundary of the parcel containing the
medical marijuana dispensary or medical marijuana dispensary
offsite cultivation location to the property boundary of the parcel
containing any existing uses listed in paragraph E below. If any of
the uses are located within 50 feet of the minimum separation, the
drawing, showing actual surveyed separations, shall be prepared
by a registered land surveyor.
11. Proof of compliance with Pima County Code Chapter 8.80
("Medical Marijuana").
C. A medical marijuana dispensary shall have operating hours not earlier
than 9:00 a.m. and not later than 5:00 p.m.
D. A medical marijuana dispensary or medical marijuana dispensary offsite
cultivation location shall:
1. Be located in a permanent building and may not be located in a
trailer, cargo container or motor vehicle.
2. Not have drive-through service.
3. Not emit dust, fumes, vapors or odors into the environment.
4. Not provide offsite delivery of medical marijuana.
5. Prohibit consumption of marijuana on the premises.
6. Not have outdoor seating areas.
7. Display a current Town of Marana business license applicable to
medical marijuana uses.
E. A medical marijuana dispensary or medical marijuana dispensary offsite
cultivation location shall meet the following minimum separations,
{00023024.DOC / 4} - 3 - 10/19/2010 8:30 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-103
Amendments to Marana Land Development Code Title 3 (Definitions), Title 5
(Zoning), and Title 8 (General Development Regulations) relating to "medical
marijuana dispensary" and "medical marijuana dispensary offsite cultivation
location" zoning regulations adopted pursuant to Marana Ordinance No. 2010.18
measured in a straight line from the boundary of the parcel containing the
medical marijuana dispensary or medical marijuana dispensary offsite
cultivation location to the property boundary of the parcel containing any
existing uses listed below:
1. 2,000 feet from any other medical marijuana dispensary or
medical marijuana dispensary offsite cultivation location.
2. 2,000 feet from a residential substance abuse diagnostic and
treatment facility or other residential drug or alcohol rehabilitation
facility.
3. 1,000 feet from a public, private, parochial, charter, dramatic,
dancing, music, learning center, or other similar school or
educational facility that caters to children.
4. 1,000 feet from a childcare center.
5. 1,000 feet from a public library or public park.
6. 1,000 feet from a church.
7. 1,000 feet from a facility devoted to family recreation or
entertainment.
F. A medical marijuana dispensary offsite cultivation location not associated
with a medical marijuana dispensary is prohibited, and only one medical
marijuana dispensary offsite cultivation location shall be permitted for the
single medical marijuana dispensary with which it is associated.
G. The number of medical marijuana dispensaries permitted within the town
limits of Marana shall be limited to two. The number of permitted medical
marijuana dispensaries shall be increased by one for each Marana
population increase of 50,000 over and above the official 2010 census
figure for Marana.
{00023024.DOC / 4} - 4 - 10/19/2010 8:30 PM