HomeMy WebLinkAboutPZ.2015.0423.Agenda O�1yT AIN It l REVISED AGENDA APRIL 21,2015
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c `n REGULAR MEETING NOTICE
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Commission Members:
Chairman Lloyd Pew and Vice-Chairman Mike Archambault
Commissioners:Stan Connick,Howie Jones,Jeremy Strohan,Eugene Mikolajczyk, and Denise Ham
Pursuant to A.R.S. 38-431.02,notice is hereby given to the members of the Fountain Hills Planning and Zoning
Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular
meeting,which is open to the general public, on April 23,2015,at 6:30 p.m.in the Town Hall Council Chambers at
16705 E.Avenue of the Fountains, Fountain Hills,Arizona.
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of
the Town's Councilmembers or various Commissions or Boards may be in attendance at the Commission meeting.
TIME: 6:30 P.M. —REGULAR SESSION
WHEN: THURSDAY,APRIL 23,2015
WHERE: TOWN HALL COUNCIL CHAMBERS
16705 E.AVENUE OF THE FOUNTAINS
`1rr
PROCEDURE FOR ADDRESSING THE PLANNING&ZONING COMMISSION
Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Recorder
prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby
and near the Recorder's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At
that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting
and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements
should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of
the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive
outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the
meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not
allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not(i) reserve a portion of
their time for a later time or(ii)transfer any portion of their time to another speaker.
If there is a Public Hearing,please submit the speaker card to speak to that issue prior to the beginning of the Public
Hearing and the Consideration of said issue.
Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by
(i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of
the Commission at Meeting or(iii) the Chairman either prior to or during a Meeting. If you do not comply with these
rules,you will be asked to leave.
Planning and Zoning Commission Agenda
Page 1 of 3
REVISED AGENDA APRIL 21,2015
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Lloyd Pew
* MOMENT OF REFLECTION—Chairman Lloyd Pew
* ROLL CALL—Chairman Lloyd Pew
CALL TO THE PUBLICrosyx
Pursuant to A.R.S. §38-431-01(G),public comment is permitted(not required)on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and
manner restrictions. The Commission will not discuss or take legal action on matters raised during"Call to the Public"
unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public,
individual Commission members may(i) respond to criticism, (ii) ask staff to review a matter or(iii) ask that the
matter be placed on a future Commission agenda.
REGULAR AGENDA ITEM(S)
(1) CONSIDERATION of APPROVING the meeting minutes of the regular meeting of the Planning
and Zoning Commission dated April 23,2015.
(2) PUBLIC HEARING to receive comments on ORDINANCE #15-05, an amendment to the Town of
Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 5.75 acres from C-1
(Neighborhood Commercial & Professional) to HEMINGWAY PAD. AKA Plat 403B, Block 5, Lot 1.
(APN 176-10-811) Case#Z2015-01
(3) CONSIDERATION of ORDINANCE #15-05, an amendment to the Town of Fountain Hills Zoning
Ordinance and Zoning Map to change the zoning on 5.75 acres from C-1 (Neighborhood Commercial &
Professional)to HEMINGWAY PAD. AKA Plat 403B, Block 5, Lot 1. (APN 176-10-811) Case
#Z2015-01
(4) CONSIDERATION of a CONCEPT PLAN for an Assisted Living Facility in the Hemingway PAD
zoning district, at 9700 N. Saguaro Blvd. AKA Plat 403B, Block 5, Lot 1. (APN 176-10-811) Case
#CP2015-02
(5) PUBLIC HEARING of ORDINANCE #15-06, application by Sixth Street Enterprises, Inc. DBA
Nature's AZ Medicines for an amendment to Section 24.03.B of the Fountain Hills zoning Ordinance.
If adopted the proposal would amend the zoning ordinance by extending the permitted operating hours of
a medical marijuana dispensary to allow operation between the hours of 8:00 a.m. — 10:00 p.m. daily.
(6) CONSIDERATION of ORDINANCE #15-06 application by Sixth Street Enterprises, Inc. DBA
Nature's AZ Medicines for an amendment to Section 24.03.B of the Fountain Hills zoning Ordinance.
If adopted the proposal would amend the zoning ordinance by extending the permitted operating hours
Cr
of a medical marijuana dispensary to allow operation between the hours of 8:00 a.m. — 10:00 p.m. daily.
Planning and Zoning Commission Agenda
Page 2 of 3
REVISED AGENDA APRIL 21,2015
(7) PUBLIC HEARING to receive comments on ORDINANCE #15-04, amending the Zoning Ordinance Chapter
iflOW 6, Section 6.03, Subsection A.13 in order to eliminate the requirement that A-frame signs receive a permit. (Case
#Z2015-03)
(8) CONSIDERATION of ORDINANCE #15-04, amending the Zoning Ordinance Chapter 6, Section 6.03,
Subsection A.13 in order to eliminate the requirement that A-frame signs receive a permit. (Case#Z15-03)
(9) COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Items listed below are related only to the propriety of(i)placing such items on a future agenda for action
or (ii) directing staff to conduct further research and report back to the Commission
(10) SUMMARY OF COMMISSION REQUESTS from Senior Planner.
(11) REPORT from Senior Planner and Zoning Administrator, Planning and Zoning Division of
Development Services
(12) ADJOURNMENT
,3upporting documentation and staff reports furnished to the Commission with this agenda are available for
review in the Planning& Zoning Division of the Development Services Department.
DATED this 21st day of April 2015 By:
obert Rodgers, Senior Planner
Planning and Zoning Division
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-200
(voice) or 1-800-367-8939 (TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeti
A majority of the Council Members may be in attendance. No official action will be taken.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9 , subject to certain specified statutory exceptions,parents have a right t
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of tl
Planning and Zoning Commission are audio and/or video recorded, and, as a result,proceedings in which children are present may be
subject to such recording. Parents in order to exercise their rights may either file written consent with the Town Clerk to su
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child{
present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 ha
been waived."
(
Planning and Zoning Commission Agenda
Page 3 of 3
O�`1 AIN,�ft POST AGENDA
44
( )
REGULAR MEETING
fir...
x NOTICE
° OF THE
-1/''
'hat is t+s�l• PLANNING AND ZONING COMMISSION
Commission Members:
Chairman Lloyd Pew and Vice-Chairman Mike Archambault
Commissioners:Stan Connick,Howie Jones,Jeremy Strohan,Eugene Mikolajczyk, and Denise Ham
Pursuant to A.R.S. 38-431.02,notice is hereby given to the members of the Fountain Hills Planning and Zoning
Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular
meeting,which is open to the general public, on April 23,2015,at 6:30 p.m.in the Town Hall Council Chambers at
16705 E.Avenue of the Fountains,Fountain Hills,Arizona.
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of
the Town's Councilmembers or various Commissions or Boards may be in attendance at the Commission meeting.
TIME: 6:30 P.M. —REGULAR SESSION
WHEN: THURSDAY,APRIL 23,2015
WHERE: TOWN HALL COUNCIL CHAMBERS
16705 E.AVENUE OF THE FOUNTAINS
PROCEDURE FOR ADDRESSING THE PLANNING&ZONING COMMISSION
Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Recorder
prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the
e Council Chamber Lobby
and near the Recorder's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At
that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting
and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements
should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of
the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive
outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the
meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not
allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not(i)reserve a portion of
their time for a later time or(ii)transfer any portion of their time to another speaker.
If there is a Public Hearing,please submit the speaker card to speak to that issue prior to the beginning of the Public
Hearing and the Consideration of said issue.
Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by
(i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of
the Commission at Meeting or(iii) the Chairman either prior to or during a Meeting. If you do not comply with these
rules,you will be asked to leave.
Planning and Zoning Commission Agenda
Page 1 of 3
POST AGENDA
Lir * CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Lloyd Pew @ 6:30 p.m.
* MOMENT OF REFLECTION—Chairman Lloyd Pew
* ROLL CALL—Chairman Lloyd Pew
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted(not required)on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and
manner restrictions. The Commission will not discuss or take legal action on matters raised during"Call to the Public"
unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public,
individual Commission members may(i) respond to criticism, (ii) ask staff to review a matter or(iii) ask that the
matter be placed on a future Commission agenda.
REGULAR AGENDA ITEM(S)
(1) CONSIDERATION of APPROVING the meeting minutes of the regular meeting of the Planning
and Zoning Commission dated April 23, 9, 2015. APPROVED — 7-0
(2) PUBLIC HEARING to receive comments on ORDINANCE #15-05, an amendment
Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 5.75 a to the
from C 1
(Neighborhood Commercial & Professional) to HEMINGWAY PAD. AKA Plat 403B, Block 5, Lot 1.
(APN 176-10-811) Case #Z2015-01 - NO ACTION
(3) CONSIDERATION of ORDINANCE #15-05, an amendment to the Town of Fountain Hills Zoning
Ordinance and Zoning Map to change the zoning on 5.75 acres from C-1 (Neighborhood Commercial &
Professional) to HEMINGWAY PAD. AKA Plat 403B, Block 5, Lot 1. (APN 176-10-811) Case
#Z2015-01 - RECOMMENDED APPROVAL — 7-0
(4) CONSIDERATION of a CONCEPT PLAN for an Assisted Living Facility in the Hemingway PAD
zoning district, at 9700 N. Saguaro Blvd. AKA Plat 403B, Block 5, Lot 1. (APN 176-10-811) Case
#CP2015-02—APPROVED — 7-0, with Stipulations.
(5) PUBLIC HEARING of ORDINANCE #15-06, application by Sixth Street Enterprises, Inc. DBA
Nature's AZ Medicines for an amendment to Section 24.03.B of the Fountain Hills zoning Ordinance.
If adopted the proposal would amend the zoning ordinance by extending the permitted operating hours of
a medical marijuana dispensary to allow operation between the hours of 8:00 a.m. — 10:00 p.m. daily. —
NO ACTION
Planning and Zoning Commission Agenda
Page 2 of 3
POST AGENDA
(6) CONSIDERATION of ORDINANCE #15-06 application by Sixth Street Enterprises, Inc. DBA
Nature's AZ Medicines for an amendment to Section 24.03.B of the Fountain Hills zoning Ordinance.
If adopted the proposal would amend the zoning ordinance by extending the permitted operating hours
of a medical marijuana dispensary to allow operation between the hours of 8:00 a.m.— 10:00 p.m. daily.
DENIED 6-1
(7) PUBLIC HEARING to receive comments on ORDINANCE #15-04, amending the Zoning Ordinance Chapter
6, Section 6.03, Subsection A.13 in order to eliminate the requirement that A-frame signs receive a permit. (Case
#Z2015-03)—NO ACTION
(8) CONSIDERATION of ORDINANCE #15-04, amending the Zoning Ordinance Chapter 6, Section 6.03,
Subsection A.13 in order to eliminate the requirement that A-frame signs receive a permit. (Case #Z15-03)
RECOMMENDED APPROVAL 7-0
(9) COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Items listed below are related only to the propriety of(i)placing such items on a future agenda for action
or (ii)directing staff to conduct further research and report back to the Commission- NONE
(10) SUMMARY OF COMMISSION REQUESTS from Senior Planner. -NONE
(11) REPORT from Senior Planner and Zoning Administrator, Planning and Zoning Division of
Development Services— NOTHING TO REPORT
(12) ADJOURNMENT @ 8:04 p.m.
Supporting documentation and staff reports furnished to the Commissis • with this agenda are available,for
review in the Planning&Zoning Division of the Developmen Se �:�epartment.
DATED this 21 St day of April 2015 By: '/
/ .s ert Rodgers, Senior Planner
Planning and Zoning Division
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003
(voice)or 1-800-367-8939 (TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting.
A majority of the Council Members may be in attendance. No official action will be taken.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9 , subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the
Planning and Zoning Commission are audio and/or video recorded, and, as a result,proceedings in which children are present may be
subject to such recording. Parents in order to exercise their rights may either file written consent with the Town Clerk to such
cording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is
present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have
been waived."
Planning and Zoning Commission Agenda
Page 3 of 3
o��1AtNy, TOWN OF FOUNTAIN HILLS
gm
X Planning and Zoning
� • Board of A djustment
°b.ti A ti
AGENDA ACTION FORM
Meeting Date: April 23, 2015 Agenda Type: Regular
Meeting Type: Regular Submitting Department: Development Services
Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers(a�fh.az.gov
REQUEST TO Planning & Zoning Commission:
PUBLIC HEARING of ORDINANCE #15-06, application by Sixth Street Enterprises Inc, DBA Nature's AZ
Medicines for an amendment to Section 24.03.B of the Fountain Hills Zoning Ordinance. If adopted the
proposal would amend the zoning ordinance by extending the permitted operating hours of a medical
marijuana dispensary to allow operation between the hours of 8:00 AM — 10:00 PM, Daily.
(Case #Z2015-02)
CONSIDERATION of ORDINANCE #15-06, application by Sixth Street Enterprises Inc, DBA Nature's AZ
ledicines for an amendment to Section 24.03.E of the Fountain Hills Zoning Ordinance. If adopted the
proposal would amend the zoning ordinance by extending the permitted operating hours of a medical
marijuana dispensary to allow operation between the hours of 8:00 AM — 10:00 PM, Daily.
(Case #Z2015-02)
Applicant: Mark Steinmetz,
Sixth Street Enterprises, Inc.
DBA Nature's AZ Medicines
Applicant Contact Information: 16913 E. Enterprise Drive, Ste 201-202
Fountain Hills, AZ
(602) 717-1227
Owner: Sixth Street Enterprises, Inc
DBA Nature's AZ Medicines
Property Location: 16913 E. Enterprise Drive, Fountain Hills, AZ
(APN: 176-08-959 & 176-08-960)
Related Ordinance, Policy or Guiding Principle:
Zoning Ordinance Section 24.03.E — Hours of Operation
2006-2010 Strategic Plan — Conformance with Town Regulations
ARS Chapter 28.1 —Arizona Medical Marijuana Act
Ordinance #14-02 — Hours of Operation
Page I of 4
Medical Marijuana Dispensary Hours
Staff Summary (background): Case #z2015-02
Subsequent to, and in accordance with the adoption of the so-called Arizona Medical Marijuana Act, Fountain
ills adopted Chapter 24 of the Zoning Ordinance which outlines the criteria under which such establishments
must locate and operate within the town. Chapter 24 became effective on February 6, 2011.
Chapter 24 specifically set forth the regulations to be followed in order to operate a medical marijuana
dispensary in Fountain Hills. Such uses are only permitted within the C-3 zoning district and must meet strict
setback requirements from other specifically listed uses.
The marijuana dispensary was granted a zoning verification on May 8, 2012. The zoning verification letter
confirmed that the property met the minimum setback requirements as well as being located within the C-3
zoning district.
The marijuana dispensary received a building permit to begin renovations in the existing building, suites 201
and 202. Their business license was first issued in March 2013.
The applicants requested and were granted a zoning text amendment (Ord # 14-02) on March 20, 2014. The
amendment extended the dispensary's operating hours from 9:00 AM — 5:00 PM Monday — Friday, to 8:00 AM
— 7:00 PM Monday— Friday, and 8:00 AM — 3:00 PM on Saturdays.
With this application, the applicants are again seeking an amendment to Chapter 24 - Section 24.03.B of the
town's zoning ordinance.
Zoning Ordinance Section 24.03.E currently states:
"A medical marijuana dispensary may only be open Monday through Saturday and shall
have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m., Monday
through Friday, and not earlier than 8:00 a.m. and not later than 3:00 p.m. on Saturday."
The zoning ordinance is designed to protect the surrounding neighborhood from any adverse effects by
reasonably restricting, among other things, the hours of operation. Below is the stated purpose of the zoning
ordinance;
Section 1.02 Purpose
This Zoning Ordinance is designed to promote the public health, peace, safety, comfort, convenience
and general welfare of the citizens of the Town of Fountain Hills; to guide, control and regulate the
future growth and development in order to promote orderly and appropriate use of land in the entire
area of said town; to protect the character and the stability of residential, business, recreational, and
industrial areas of the Town of Fountain Hills; to provide adequate light, and air; to facilitate existing or
potential traffic movements and parking facilities; to secure safety from fire and other dangers; and to
prevent overcrowding of land and undue congestion of population. In preparation of this Ordinance,
consideration has been given to Section 9-462.01 "Zoning Regulations" of the Arizona Revised
Statutes.
In order to approve this amendment, the decision should find that the ordinance section as written is not
fulfilling its purpose as outlined in Section 1.02 above.
Staff has received no complaints, other than from the applicants, regarding the requirements of Chapter 24 of
the Zoning Ordinance or its enforcement.
The Maricopa County Sheriff's Office has reported that there have been no incidents at the property during the
164,..me in which the dispensary has been in operation.
Page 2 of 4
Medical Marijuana Dispensary Hours
Case #Z2015-02
The applicants have provided a narrative with their application in support of their request. Among other
-guments, the applicant believes that the restricted hours of operation are overly restrictive and unfair. The
narrative asks for Monday — Sunday (Daily) hours of operation between 8:00 AM — 10:00 PM.
The applicant's request therefore is to amend Section 24.03.B so as to read...
"A medical marijuana dispensary shall have operating hours not earlier than 8:00 a.m.
and not later than 10:00 p.m., Monday through Sunday."
Risk Analysis (options or alternatives with implications):
Approval of the requested amendment will allow the Marijuana Dispensary use to operate between 8:00 AM
and 10:00 PM every day.
Denial of the requested amendment will require the Marijuana Dispensary use to continue to operate between
8:00 AM and 7:00 PM Monday — Friday and 8:00 AM — 3:00 PM on Saturdays according to the terms of the
current Town Zoning Ordinance, Section 24.03.B.
Fiscal Impact (initial and ongoing costs; budget status): No Financial impact to the town is anticipated.
Staff Recommendation(s):
As Section 24.03.B of the zoning ordinance deals with public policy regarding "the promotion of public health,
peace, safety, comfort, convenience and general welfare of the citizens of the Town of Fountain Hills", rather
than the physical characteristics of property within the town, staff respectfully withholds any recommendation
:garding this proposal.
SUGGESTED MOTION(S):
Move to FORWARD A RECOMMENDATION to the Town Council to APPROVE / DENY the proposed zoning
ordinance text amendment to Section 24.03.E to extend the permitted hours of operation of the medical
marijuana dispensary to 8:00 AM — 10:00 PM, Monday— Sunday as presented.
Attachment(s):
1. Aerial Photo of Site
2. Ordinance #14-02 —Adopted 3/20/2014
3. 3/20/2014 Town Council Meeting Minutes
4. Draft Ordinance #15-06
5. Application
6. Applicant's Narrative
Submitted by: Approved by:
F,�
Wo6ert IWodgers • � 4/13/2015 4/14/2015
senior Planner Date ev opment Services Director Date
Page 3 of 4
Medical Marijuana Dispensary Hours
Case #Z2015-02
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Aerial Photo of the Site
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Page 4 of 4
ORDINANCE NO. 14-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 24 MEDICAL MARIJUANA
USES, RELATED TO MEDICAL MARIJUANA DISPENSARY DAYS AND
HOURS OF OPERATION.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") approved Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
24 (Medical Marijuana Uses), Subsection 24.03(B) (Requirements), to change the days and hours
of medical marijuana dispensary operation; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to Attu. REV.
STAT. § 9-462.04, public hearings regarding this Ordinance were advertised in the February 12,
2014 and February 19, 2014 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on February 27, 2014, and by the Town Council on March 20, 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 24 (Medical Marijuana Uses), Section
24.03(B) (Requirements), is hereby amended as follows:
B. A medical marijuana dispensary MAY ONLY BE OPEN MONDAY THROUGH
SATURDAY AND shall have operating hours not earlier than 999 8:00 a.m. and
not later than 500 7:00 p.m., Monday through Friday, AND NOT EARLIER
THAN 8:00 A.M. AND NOT LATER THAN 3 P.M. ON SATURDAY.
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, such decision shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Ordinance.
2122739.5
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, March 20, 2014.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
lda M. Kava agh M Bevelyn J. B der 'own Clerk
REVIEWED BY: APPROVED AS TO FORM:
'4 'f_AA,---Ge b.),31AS70.41 -
Kenneth W. Buchanan, Town Manager Al ew J. McGuire, Town Attorney
2122739.5
2