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Home My WebLink AboutResolution 2013-084 (revised) offsite marijuana cultivationMARANA RESOLUTION NO. 2013-084 (REVISED) RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO.2013.022 (REVISED), AMENDING MARANA LAND DEVELOPMENT CODE TITLE 5(ZONING) AND TITLE 8(GENERAL DEVELOPMENT REGULATIONS), PROHIBITING MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION LOCATIONS 1N 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 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, in place of the original version of Marana Resolution No. 2013-084 that was adopt- ed on September 3, 2013 and was subject to a successful October 1, 2013 motion for reconsid- eration. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of October, 2013. Mayor Ed nea ATTEST: AS TO FORM: / �/ r�►v�!/�� i.� �� ' � : � � � ��,i�� Marana Resolution 2013-084(Revised) {00025173.DOC /} EXHIBIT A TO MARANA RESOLUTION NO. 2013-084 (Revised) Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022 (Revised), prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana SECTION 1. 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 s�l�ee�s and additions shown with double underlinin�): 05.02.06 Medical Marijuana Disaensarv' �^�.a-'�� in Zones A-E A. Anv medical mariiva- na disaensarv proposed in Zones A-E a�e is subject to the condi- tional use permit procedure set forth in Section 10.10 and a�e-sub- ject to requirements found in Section 08.08=. 'I �llorlin�l m.�rii� �.�r» rlic r�cnc��r�i ��ii�h �r �eii�hn� �+ nr� c�i�o n� �I�i�i.� t�VFF � � - 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�l�eet�s and additions shown with double underlinin�): 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 through 12] . , [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 r*�'�a� and additions shown with double underlining): 05.11.04 RC Regional Commercial [No revisions in paragraphs A through C] D. Conditional Uses. The following uses may be permitted in the RG zone, if it is found in each case that: 9/24/2013 3:19 PM FJC -1- EXHIBIT A TO MARANA RESOLUTION NO. 2013-084(Revised) Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022(Revised), 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 � �ie�, 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 °*�'�� 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 � #�e�, subject to the requirements found in Section 08.08. „_ . �• �• �.�:�: -��,=�,: - =�e.-��.�::._,:.�� - " — = _ [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 �*r�'�� and additions shown with double underlining): 05.12.03 HI Heavy Industry [No revisions in paragraphs A through C] D. Conditional Uses. [No revisions in subparagraph 1] 9/24/2013 3:19 PM FJC -2- EXHIBIT A TO MARANA RESOLUTION NO. 2013-084(Revised) Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022(Revised), prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 2. Medical marijuana dispensary ' #�e�, 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 Disaensarv k�ses. A. The minimum requirements of this section shall apply to a-� a�n � "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 ^��,e�sal , �le. 2. The legal name of the medical marijuana dispensary er-�ae�- 34. The name, address, and birth date of each officer and board member of the nonprofit medical marijuana dispensary. 45. A copy of the operating procedures adopted in compliance 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: 9/24/2013 3:19 PM FJC -3- EXHIBIT A TO MARANA RESOLUTION NO. 2013-084(Revised) Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to 1Vlarana Ordinance No. 2013.022(Revised), prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 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. 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, 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 will be secured, enclosed, and locked as re- quired by law. 8�. 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 ^r m°,�:^°' ,,,°r;;,,_ to the property boundary of the parcel containing any existing uses listed in paragraph D€ 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. 9�-A. A notarized acknowledgment of the requirements of Pima County Code Chapter 8.80 ("Medical Marijuana"). C�B. A medical marijuana dispensary ^r ^^°,�;^°' .,�,°r;;,.°^° ,�;°^°^°°^, shall: Be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle. 9/24/2013 3:19 PM FJC -4- EXHIBIT A TO MARANA RESOLUTION NO. 2013-084(Revised) Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.022(Revised), prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 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 dispensarv �. 7. Have oaeratina hours not earlier than 9:00 a.m. and not later than 5:00 a.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 marijuana dispensary offsite cultivation location nn�-�- , �* ��os+a�e� is prohibited within the town limits. F�. 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. 9/24/2013 3:19 PM FJC -5-