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Home My WebLink AboutOrdinance 2013.022 amending title 5 of the land development code relating to medical marijuana (2)�� . F. ANN RODRIGUEZ, RECORDER Recorded By: JAF DEPUTY RECORDER 4920 SMARA TOWN OF MARANA PICKUP 20132490270 2 09/06/2013 13:08 $7.00 �� \ O W / �p; z �N� 'I � � � RIZOl`� � _ II�III (I�II �IIII IIIII IIIII IIIII IIII� IIIII I'll) IIIII IIIII III�I IIII IIII SEQUENCE: NO. PAGES: ORDIN PICK UP AMOUNT PAID: MARANA ORDINANCE NO. 2013.022 RELATING TO DEVELOPMENT; AMENDING THE MARANA LAND DEVELOPMENT CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION THROUGHOUT THE TOWN; AMENDING MARANA LAND DEVELOPMENT CODE SECTION 05.02.06 (MEDICAL MARIJUANA LAND USES IN ZONES A-E), SECTION 05.10.01 (AG AGRICULTURAL), SECTION 05.11.04 (RC REGIONAL COMMERCIAL), SECTION 05.12.02 (LIGHT INDUSTRIAL), SECTION 05.12.03 (HI HEAVY INDUSTRY), AND SECTION 08.08 (MEDICAL MARIJUANA USES); AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Mayor and Council passed Ordinance No. 2010.18 on October 19, 2010, permitting medical marijuana dispensary offsite cultivation locations within the Town, subject to certain conditions; and WHEREAS medical marijuana dispensaries and medical marijuana dispensary offsite cultivation locations are often targets for criminal activity, pose a threat to Marana residents and require a high level of police presence and resources; and WHEREAS cultivation that takes place at a location separate from the dispensary where the marijuana is sold adds an element of risk because the medical marijuana then has to be transported to the dispensary location; and WHEREAS limiting medical marijuana cultivation within the Town of Marana to dispensary locations only will (i) reduce the burden on the police department, (ii) remove the potential for violence while marijuana is transported from the cultivation location to the dispensary, and (iii) limit the number of cultivation locations within the Town to the number of dispensaries permitted within the Town; and 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) and Title 8(General Development Regulations), prohibiting medical marijuana dispensaxy offsite cultivation locations in the Town of Marana; 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. 2013-084 of the Town of Marana, Arizona; are hereby referred to, adopted and made a part of this ordinance as if fully set out here. {00034814.DOCX /} Marana Ordinance 2013.022 -1- 7/15/2013 2:40 PM FJC � 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 October 4, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3 day of September, 2013. Mayor Ed onea ATTEST: AS TO FORM: � Jocely,rf Q: Bronson, Town Clerk , Town A {00034814.DOCX /} Marana Ordinance 2013.022 - 2- 7/15/2013 2:40 PM FJC MARANA RESOLUTION NO. 2013-084 RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE N0.2013.022, AMENDING MARANA LAND DEVELOPMENT CODE TITLE 5(ZONING) AND TITLE 8 (GENERAL DEVELOPMENT REGULATIONS), PROHIBITING MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION LOCATIONS IN THE TOWN OF MARANA BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 5(Zon- ing) and Title 8(General Development Regulations), a copy of which is attached to and incorpo- rated in this resolution as E�chibit 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 3` day of September, 2013. � Mayor d H nea /�'_ . / �:i� � � �iI " - P " i �1 • � � {00034808.DOCX / 2} Resolution No. 2013-084 7/30/2013 11:21 AM FJC EXHIBIT A TO MARANA RESOLUTION NO. 2013-084 Amendments to Marana Land Development Code Tit1e 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana SECTION l. Marana Land Development Code Section 05.02.06 (Medical Marijuana Land Uses in Zones A-E) is hereby revised as follows (with deletions shown with �*r'�A� and additions shown with double underlinin�): 05.02.06 Medical Marijuana Disaensarv �M�'„ '�. '-�� in Zones A-E A Tho f„n,,,.,,.,n .,,,o,�;,.,� .,.,�r;;,,�.,� �o�,+o,� „�o� Anv medical mariiva- na disqensarv proposed in Zones A-E afe is subject to the condi- tional use permit procedure set forth in Section 10.10 and afe-sub- ject to requirements found in Section 08.08:. �ie+� B. A medical mariivana disaen- s� in Zones A-E shall not be subject to the Significant Land Use Change process. SECTION 2. Marana Land Development Code Section 05.10.01 (AG Agricultural) is hereby revised as follows (with deletions shown with s�ee�s and additions shown with double underlinin�l 05.10.01 AG Agricultural [No revisions in paragraphs A through C] D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code [No revisions in subparagraphs 1 throagh 12] , , _ 'TL��r,:7 .� .� [No revisions in paragraphs E through G] SECTION 3. Marana Land Development Code Section 05.11.04 (RC Regional Commer- cial) is hereby revised as follows (with deletions shown with s�l�ee�s and additions shown with double underlining): 05.11.04 RC Regionat Commercial [No revisions in paragraphs A through C] D. Conditional Uses. The folfowing uses may be permitted in the RC zone, if it is found in each case that: {00034808.DOCX / 2} Exhibit A 7/30/2013 11:21 AM FJC -1- EXHIBIT A TO MARANA RESOLUTION NO. 2013-084 Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana The indicated criteria and limitations are satisfied. 2. Specific conditions are imposed by the Town Council to car- ry out the purposes of these regulations. [No revisions in subparagraphs a through c] d. Medical marijuana dispensary ' st�lt+ua�ien, subject to the conditional use permit pro- cedure set forth in Section 10.10 ' and subject to the requirements found in Section 08.08 [No revisions in subparagraph e] [No revisions in paragraphs E through H] SECTION 4. Marana Land Development Code Section 05.12.02 (Light Industrial) is hereby revised as follows (with deletions shown with si�l�ee� and additions shown with double underlinin�): 05.12.02 Light Industrial [No revisions in paragraphs A through D] E. Conditional Uses. The following uses may be permitted in the LI zone if it is found in each case that the indicated criteria and limitations are satisfied and if specific conditions are imposed by the Planning Commission to carry out the pur- poses of this zone: [No revisions in subparagraphs 1 through 6] 7. Medical marijuana dispensary ' #iet�, subject to the requirements found in Section 08.08. . , [No revisions in paragraphs F through I} SECTION 5. Marana Land Development Code Section 05.12.03 (HI Heavy Industry) is hereby revised as follows (with deletions shown with st�eea�s and additions shown with double underlinin�): 05.12.03 HI Heavy Industry [No revisions in paragraphs A through C] D. Conditional Uses. [No revisions in subparagraph 1] {00034808.DOCX / 2} Exhibit A 7/30/2013 1121 AM FJC -2- EXHIBIT A TO MARANA RESOLUTION NO. 2013-084 Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 2. Medical marijuana dispensary ' #ae�, subject to the conditional use permit procedure set forth in Section 10.10 and subject to the requirements found in Section 08.08. „_ . . .� .� [No revisions in paragraphs E through I] SECTION 6. Marana Land Development Code Section 08.08 (Medical Marijuana Uses) is hereby revised as follows (with deletions shown with s�l�ee�s and additions shown with double underlinin�): 08.08 Medical Marijuana Disnensarv �lses. A. The minimum requirements of this section shall apply to a� � "medical marijuana dispensary" " '" located in any zoning district. B. In addition to any other application requirements, an applicant for any "medical marijuana dispensary" " '" conditional use permit shall provide the following: A notarized authorization executed by the property owner, acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary , �le. 2. The legal name of the medical marijuana dispensary e�e�- ., r 34. The name, address, and birth date of each officer and board member of the nonprofit medical marijuana dispensary. 4�. A copy of the operating procedures adopted in cornpliance with A.R.S. § 36-2804 (B) (1) (c). 56. A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the following offenses: {00034808.DOCX ! 2} EXlllblt !-� 7/30/2013 11:21 AM FJC -3- EXHIBIT A TO MARANA RESOLUTION NO. 2013-084 Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 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 1aw 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, incar- ceration 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 con- duct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona. 6�. 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 dis- pensary that has had its registration certificate revoked. 7�. A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary #ae�—lesa#+er� will be secured, enclosed, and locked as re- quired by law. 88. A scale drawing depicting the property lines and the separa- tions from the nearest property boundary of the parcel con- taining the medical marijuana dispensary �,}�- to the property boundary of the parcel containing any existing uses iisted in paragraph D€ below. If any of the uses are located within 50 feet of the minimum separation, the drawing, showing actuat surveyed separations, shall be prepared by a registered land surveyor. 9a-9. A notarized acknowledgment of the requirements of Pima County Code Chapter 8.80 ("Medical Marijuana"). C�. A medical marijuana dispensary shalL• {00034808.DOCX / 2} Exhibit A �r�onoi3 i i:2i .aM FJc � EXHIBIT A TO MARANA RESOLUTION NO. 2013-084 Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 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. Prohibit consumption of marijuana on the premises. 5. Not have outdoor seating areas. 6. Display a current Town of Marana business license applica- ble to a medical marijuana disqensarv �. 7. Cultivate all medical mariivana offered for sale on-site. 8. Have oqeratina hours not earlier than 9:00 a.m. and not later than 5:00 p.m. D€. A medical marijuana dispensary shall meet the following minimum separa- tions, measured in a straight line from the boundary of the parcel containing the medical marijuana dispensary 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 rehabili- tation 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 en- tertainment. E�. A medical rnarijuana dispensary offsite cultivation location ^^-� , �* �'��o6ia�ed is prohibited within the town limits {00034808.DOCX / 2} Exhibit A 7/30/2013 11:21 AM FJC -5- EXHIBIT A TO MARANA RESOLUTION NO. 2013-084 Amendments to Mazana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana F6. The number of inedical marijuana dispensaries permitted within the town limits of Marana shall be limited to two. The number of permit- ted medical marijuana dispensaries shall be increased by one for each Marana population increase of 50,000 over and above the of- ficial 2010 census figure for Marana. {00034808.DOCX / 2} E�chibit A 7/30/2013 11:21 AM FJC � � 1 pW N OF i � 9 t'« r,� ARIZONP � Town of Marana Office of the Town Clerk 11555 W. Civic Center Dr. Marana, AZ 85653-7090 d�� OFFICIAL RECORDS OF � 18 75 � PINAL COUNTY RECORDER � � VIRGINIA ROSS DATE/TI M E: 09/25/2013 1153 FEE: $8.00 PAGES: 2 FEE NUMBER: 2013-077395 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MARANA ORDINANCE NO. 2013.022 RELATING TO DEVELOPMENT; AMENDING THE MARANA LAND DEVELOPMENT CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION THROUGHOUT THE TOWN; AMENDING MARANA LAND DEVELOPMENT CODE SECTION 05.02.06 (MEDICAL MARIJUANA LAND USES IN ZONES A-E), SECTION 05.10.01 (AG AGRICULTURAL), SECTION 05.11.04 (RC REGIONAL COMMERCIAL), SECTION 05.12.02 (LIGHT INDUSTRIAL), SECTION 05.12.03 (HI HEAVY INDUSTRY), AND SECTION 08.08 (MEDICAL MARIJUANA USES); AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Mayor and Council passed Ordinance No. 2010.18 on October 19, 2010, permitting medical marijuana dispensary offsite cultivation locations within the Town, subject to certain conditions; and WHEREAS medical marijuana dispensaries and medical marijuana dispensary offsite cultivation locations are often targets for criminal activity, pose a threat to Marana residents and require a high level of police presence and resources; and WHEREAS cultivation that takes place at a location separate from the dispensary where the marijuana is sold adds an element of risk because the medical marijuana then has to be transported to the dispensary location; and WHEREAS limiting medical marijuana cultivation within the Town of Marana to dispensary locations only will (i) reduce the burden on the police department, (ii) remove the potential for violence while marijuana is transported from the cultivation location to the dispensary, and (iii) limit the number of cultivation locations within the Town to the number of dispensaries permitted within the Town; and 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) and Title 8(General Development Regulations), prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana; 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. 2013-084 of the Town of Marana, Arizona; are hereby referred to, adopted and made a part of this ordinance as if fully set out here. {0003aai4.�ocx i} Marana Ordinance 2013.022 - 1- 7/I S/2013 2:40 PM FJC 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 October 4, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3 ra day of September, 2013. Mayor d Honea ATTEST: 7 ocelyn ronson, Town Clerk {00034814.DOCX /} Mazana Ordinance 2013.022 - 2- 7/15/2013 2:40 PM FJC