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Home My WebLink AboutOrdinance 2011.13 Amending title 5 of the land development code relating to zoning for medical marijuana use F. ANN RODRIGUEZ, RECORDER IIIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII Recorded By: JSH ofI DEPUTY RECORDER � p SEQUENCE: 20111400004 _ 497 G N0. PAGES: 1 w , `\ �- `� ORDIN 05/20/2011 TOWN OF MARANA �- \��t 9:22 TOWN CLERK IZ0114' MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $8.00 MARANA AZ 85653 MARANA ORDINANCE NO. 2011.13 RELATING TO DEVELOPMENT; AMENDING MARANA LAND DEVELOPMENT CODE TITLE 5 (ZONING) BY ADDING SECTION 05.02.06 (MEDICAL MARIJUANA LAND USES IN ZONES A -E) AND CLARIFYING CULTIVATION IN CONNECTION WITH THE "MEDICAL MARIJUANA DISPENSARY" USE, WHERE PERMITTED; AMENDING MARANA LAND DEVELOPMENT CODE SECTION 08.08 (MEDICAL MARIJUANA USES) FOR CLARITY AND TO AVOID INCONSISTENCY WITH FINAL ARIZONA DEPARTMENT OF HEALTH SERVICES RULES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS THE MAYOR AND COUNCIL OF THE TOWN OF MARANA FIND THAT THE REVISIONS ADOPTED BY THIS ORDINANCE ARE IN THE BEST INTERESTS OF THE TOWN OF MARANA AND THE GENERAL PUBLIC. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to Marana Land Development Code Title 5 (Zoning) adding Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection with the "medical marijuana dispensary" use, where permitted; and amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to conform to final Arizona Department of Health Services rules; three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona; which were made a public record by and are attached as Exhibit A to Resolution No. 2011 -53 of the Town of Marana, Arizona; are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance is effective on June 18, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL Oy THE TOWN OF MARANA, ARIZONA, this 18` day of M ♦ to m Z '0-94 --� 0 Mayor Ed Honea ATTEST: i ` APPROVED AS TO FORM: ��jgR�z�te"�pp ocelyn ronson, Town Clerk ! P Cassidy, Town Attorney OFFICIAL RECORDS OF ,e 75 PINAL COUNTY RECORDER LAURA DEAN -LYTLE When recorded return to: DATE/T I M E: 05/25/2011 1107 TOWN OF MARANA FEE: $12.00 ATTN: TOWN CLERK PAGES: 2 11555 W CIVIC CENTER DR FEE NUMBER: IIII IIII 043740 MARANA AZ 85653 I IIIIII VIII Iull uIII III IIUI VIII III Illll �lll !III !III (The above space reserved for recording information) MARANA ORDINANCE DOCUMENT TITLE DO NOT DISCARD THIS PAGE. THIS COVER PAGE IS RECORDED AS PART OF YOUR DOCUMENT. THE CERTIFICATE OF RECORDATION WITH THE FEE NUMBER IN THE UPPER RIGHT CORNER IS THE PERMANENT REFERENCE NUMBER OF THIS DOCUMENT IN THE PINAL COUNTY RECORDER'S OFFICE. Form RE -49 WHEN RECORDED, RETURN TO: TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DRIVE MARANA, ARIZONA 85653 MARANA ORDINANCE NO. 2011.13 RELATING TO DEVELOPMENT; AMENDING MARANA LAND DEVELOPMENT CODE TITLE 5 (ZONING) BY ADDING SECTION 05.02.06 (MEDICAL MARIJUANA LAND USES IN ZONES A-E) AND CLARIFYING CULTIVATION IN CONNECTION WITH THE "MEDICAL MARIJUANA DISPENSARY" USE, WHERE PERMIT AMENDING MARANA LAND DEVELOPMENT CODE SECTION 08.08 (MEDICAL MARIJUANA USES) FOR CLARITY AND TO AVOID INCONSISTENCY WITH FINAL ARIZONA DEPARTMENT OF HEALTH SERVICES RULES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS THE MAYOR AND COUNCIL OF THE TOWN OF MARANA FIND THAT THE REVISIONS ADOPTED BY THIS ORDINANCE ARE IN THE BEST INTERESTS OF THE TOWN OF MARANA AND THE GENERAL PUBLIC. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to Marana Land Development Code Title 5 (Zoning) adding Section 05.02.06 (Medical Marijuana Land Uses in Zones A-E) and clarifying cultivation in connection with the "medical marijuana dispensary" use, where permitted; and amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to conform to final Arizona Department of Health Services rules; three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona; which were made a public record by and are attached as Exhibit A to Resolution No. 2011-53 of the Town of Marana, Arizona; are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be - invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance is effective on June 18, 201 PASSED AND ADOPTED BY THE MAYOR AND C THE TOWN OF MARANA, ARIZONA, this W day of A�y& Ed Honea S Mo APPROVED AS TO FORM: ATTEST: md J heelyn Cd4ionson, Town Clerk C assid� Town Attorney Y, MARANA RESOLUTION NO. 2011-53 RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2011.13, AMENDING MARANA LAND DEVELOPMENT CODE TITLE 5 (ZONING) BY ADDING SECTION 05.02.06 MEDICAL MARIJUANA LAND USES IN ZONES A -E) AND CLARIFYING CULTIVATION IN CONNECTION WITH THE "MEDICAL MARIJUANA DISPENSARY" USE, WHERE PERMITTED; AND AMENDING MARANA LAND DEVELOPMENT CODE SECTION 08.08 (MEDICAL MARIJUANA USES) FOR CLARITY AND TO AVOID INCONSISTENCY WITH FINAL ARIZONA DEPARTMENT OF HEALTH SERVICES RULES BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 5 Zoning) and Section 08.08 (Medical Marijuana Uses), 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 18 day of May, 2011. Mayor Ed Honea ATTEST: i ol Val Cocelynronson, Town Clerk APPROVED AS TO FORM:I ! ` Fr,' Cassidy, Town Attorney EXHIBIT A TO MARANA RESOLUTION NO. 2011 -53 Amendments to Marana Land Development Code adopted pursuant to Marana Ordinance No. 2011.13, amending Marana Land Development Code Title 5 (Zoning) by adding Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection with the "medical marijuana dispensary" use, where permitted; and amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to avoid inconsistency with final Arizona Department of Health Services rules SECTION 1. Title 5 (Zoning) of the Marana Land Development Code is hereby revised by adding new Section 05.02.06 (Medical marijuana Land Uses in Zones A -E), as follows: A. The following medical marijuana related uses proposed in Zones A -E are subject to the conditional use permit procedure set forth in Section 10.10 and are subject to requirements found in Section 08.08: 1. Medical marijuana dispensary with or without on -site cultivation 2. Medical marijuana dispensary offsite cultivation location B. Medical marijuana land uses proposed in Zones A -E shall not be subject to the Significant Land Use Change process. SECTION 2. The "Medical marijuana dispensary" uses listed under "Conditional Uses" in Sections 05.11.04.D.2.d, 05.12.02.E.7, and 05.12.03.D.2 of the Marana Land Development Code are hereby revised to add the words "with or without on -site cultivation "; so that they provide in full: "Medical marijuana dispensary with or without on -site cultivation." SECTION 3. Section 08.08 (Medical Marijuana Uses) of the Marana Land Development Code is hereby revised as follows (with deletions shown with stf and additions shown with double underlining 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. EXHIBIT A TO MARANA RESOLUTION NO. 2011 -53 Amendments to Marana Land Development Code adopted pursuant to Marana Ordinance No. 2011.13, amending Marana Land Development Code Title 5 Zoning) by adding Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection with the "medical marijuana dispensary" use, where permitted; and amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to avoid inconsistency with final Arizona Department of Health Services rules C.The name addFess, birth rate snit valid renistni identif atien tGaFdrl R Faber of eenh nennrefit medinel marijuana dispensa ageR`. 56. A copy of the operating procedures adopted in compliance with A.R.S. §36 -2804 (B) (1) (c). 67. 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 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. Z6. 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. M. 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. 2- EXHIBIT A TO MARANA RESOLUTION NO. 2011 -53 Amendments to Marana Land Development Code adopted pursuant to Marana Ordinance No. 2011.13, amending Marana Land Development Code Title 5 Zoning) by adding Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection with the "medical marijuana dispensary" use, where permitted; and amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to avoid inconsistency with final Arizona Department of Health Services rules 10 44. A notarized acknowledgment of the requirements of PFeef 9 se,npliaRGe- 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. 45. Prohibit consumption of marijuana on the premises. 56. Not have outdoor seating areas. 67. 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, 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. 3- EXHIBIT A TO MARANA RESOLUTION NO. 2011-53 Amendments to Marana Land Development Code adopted pursuant to Marana Ordinance No. 2011.13, amending Marana Land Development Code Title 5 Zoning) by adding Section 05.02.06 (Medical Marijuana Land Uses in Zones A -E) and clarifying cultivation in connection with the "medical marijuana dispensary" use, where permitted; and amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) for clarity and to avoid inconsistency with final Arizona Department of Health Services rules 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. 4-