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Home My WebLink AboutOrdinance 2013.022 (revised) amending title 5 of the land development code relating to medical marijuanaF. ANN RODRIGUEZ, RECORDER Recorded By: JAL DEPUTY RECORDER 4916 SMARA TOWN OF MARANA PICKUP ,+°' PI16r .� �� W'� '�� `� �'� `x,��- � i i,� � � IZO� � iiiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiii iiii SEQUENCE: NO. PAGES: ORDIN 20132910073 2 10/18/2013 10:27 PICK UP AMOUNT PAID: MARANA ORDINANCE NO. 2013.022 (REVISED) $7.00 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 2010.18 on October 19, 2010, permitting medical marijuana dispensary offsite cultivation locations within the To�n, 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 Marana Ordinance No. 2013.022 was originally adopted on September 3, 2013, but was the subject of a successful motion for reconsideration passed on October 1, 2013, for the limited purpose of deleting the requirement that a medical marijuana dispensary cultivate all medical marijuana offered for sale on-site; and WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance (as revised on October 15, 2013) are in the best interests of the Town of Marana and the general public. {00035503.DOCX /} Marana Ordinance 2013.022 (Revised) -1- 9/24/2013 3:10 PM FJC � 4 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 (as revised on October 15, 2013) 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 November 15, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of October, 2013. ATTEST: e Joce yn C. Bronson, Town Clerk � f Mayor d Honea APPROVED AS TO FORM: �� ank id'y, Town torney {00035503.DOCX /} � Marana Ordinance 2013.022 (Revised) - 2- 9/24/2013 3:10 PM FJC V Y w �owN o� Town of Marana Town Clerk's Office q '� 11555 W. Civic Center Drive Marana, AZ 85653 qktZOK� �CQ�� OFFICIAL RECORDS OF � 18 7 5 � PINAL COUNTY RECORDER VIRGINIA ROSS �ri ..� DATElT I M E: 11 /19/2013 1026 FEE: $8.00 PAGES: 2 FEE NUMBER: 2013-090347 IIIIII IIIII IIIII IIIII I(II III I IIIII IIII) I III IIII) IIII IIII MARANA ORDINANCE NO. 2013.022 (REVISED) RELATING TO DEVELOPMENT; AMENDING THE MARANA LAND DEVELOPMENT CODE TO PROHIBIT MEDICAL MARINANA DISPENSARY OFFSITE CULTIVATION THROUGHOUT THE TOWN; AMENDING MARANA LAND DEVELOPMENT CODE SECTION 05.02.06 (MEDICAL MARIJUANA LAND USES 1N ZONES A-E), SECTION 05.10.01 (AG AGRICULTURAL), SECTION 05.11.04 (RC REGIONAL CJM�v1ERCIAL}, SECTIOlvT 05.12.0� (LIGHT II�TDUSTRIAL}, SECTiON 05.12.0� (HI HEAVY INDUSTRY), AND SECTION 08.08 (MEDICAL MARIJUANA USES); AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Mayor and Council passed Ordinance 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 Marana Ordinance No. 2013.022 was originally adopted on September 3, 2013, but was the subject of a successful motion for reconsideration passed on October 1, 2013, for the limited purpose of deleting the requirement that a medical marijuana dispensary cultivate all medical marijuana offered for sale on-site; and WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance (as revised on October 15, 2013) are in the best interests of the Town of Marana and the general public. {00035503.DOCX /} Marana Ordinance 2013.022 (Reviset� - 1- 9/24/2013 3:10 PM FJC 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 (as revised on October 15, 2013) 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 t°epeal. 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 ardinance. SECTION 4. This ordinance is effective on November 15, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of October, 2013. ATTEST: �. ^ F�c�r Jocelyn . ronson, Town Clerk � A � - ' f � -- �� _�� Mayor Ed Honea APPROVED AS TO FORM: , �-� F ank sidy, Town ttorney {00035503.DOCX /} Marana Ordinance 2013A22 (Revised) - 2 - _: , <` ��`" : f .�;�� .. � � �. � `�. � . , ,� � �, � � �4r k �, Wn �! � '�y.Y��„ s i ��,"��f��y'.✓�o,��. ,'��. :� �b 9 .` fi ��/'� 9/24/2013 3:10 PM FJC MARANA RESOLUTION NO. 2013-084 (REVISED) RELATiNG TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE N0.2013.022 (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 E�ibit 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-Q84 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: A5 TO FORM: �/ � �� //.#1i�1�1/� �,1 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 OSA2.06 (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 underlining): 05.02.06 Medical Marijuana Disnensarv' �M�"'°°� in Zones A-E A Tho �AIIA\A/11'1A ,.,,e,�;�.,� .,,,r,;.,,.,, ro�,+o,� ,.�o� Anv medical mariiva- na disoensarv proposed in Zones A-E a�e is subject to the condi- tional use permit procedure set forth in Section 10.10 and ar�sub- ject to requirements found in Section 08.08:. � B. A medical mariivana dispen- 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 underlining): 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 ofthe 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 shovcm with s�l�s and additions shown with double underlinin�): 05.11.04 RC Regional Commercial [No revisions in paragraphs A through C] D. Conditional Uses. The following uses may be permitted in the RC 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 ' st��i�a�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 s�l�ee�s and additions shown with double underlinin�): 05.12.02 Light Industrial [No revisions in paragraphs A through D] E. Conditional Uses. The folfowing 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 ' #fe�, 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 s#�eet�s 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 � #�er�, subject to the conditionai 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�eax�s and additions shown with double underlinin�): 08.08 Medical Marijuana isaensarv 1-�ses. A. The minimum requirements of this section shall apply to a�l a�n � "medical marijuana dispensary" " '" located in any zoning district. B. In addition to any other application requirements, an appticant for any "medical marijuana dispensary" " '" 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 e�a-r�e�+sa� , �le. 2. The legal name of the medical mariluana dispensary er-�e�- 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 Marana Ordinance No. 2013.022(Revised), 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 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 penal#y 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 f;�esa�+er� wilt be secured, enclosed, and locked as re- quired by law. 8S. A scale drawing depicting the prope�ty lines and the separa- tions from the nearest property boundary of the parcel con- taining the medical marijuana dispensary e�e�i�al-�}�- 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 actuat surveyed separations, shall be prepared by a regis#ered land surveyor. 9a-A. A notarized acknowledgment of the requirements of Pima County Code Chapter 8.80 ("Medical Marijuana"). � - - - - . .. .. - _,:.:_:..�....�_ C�. A medical marijuana dispensary shalL Be located in a permanent building and may not be iocated 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 Tit1e 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 disaensarv �ses. 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, rneasured 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 medica( 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 pubfic park. 6. 1,000 feet frorn a church. 7. 1,000 feet from a facility devoted to family recreation or en- tertainment E�. A medical marijuana dispensary offsite cultivation location-�e#-�s- , +��s-a�sesia�e� is prohibited within the town limits. F6. The number of inedical marijuana dispensaries permitted within the town lirnits of Marana shall be lirnited 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