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HomeMy WebLinkAboutPZ.2014.0227.Agenda AI1Yr POST AGENDA Cs rP REGULAR MEETING NOTICE slar, ' OF THE that is01' PLANNING AND ZONING COMMISSION E Commission Members: Chairman Lloyd Pew and Vice-Chairman Mike Archanlhault Commissioners:Angela Strohan,Richard Turner,Stan Connick,Eugene Slechta and Steven Harris 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 Planningand ZoningCommission will hold a regular � meeting,which is open to the general public,on February 27,2014,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,FEBRUARY 27,2014 WHERE: TOWN HALL COUNCIL CHAMBERS 4111, 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 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 (1)discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, fit) consensus of the Commission at Meeting or ON the Chairman either prior to or during a Meeting. If you do not comply with these rules,you will be asked to leave. 0 Planning and Zoning Commission Agenda Page 1 of 3 POST AGENDA khw ' f; ...„5t1;PC,EPG Chai "t410Y1 jpg 'ff 41110A-2 .1Cdi eew, tr.ri JJ:1,, ta Etvm Tr • l -°' •P'' • j* t „ REGULAR AGENDA ITEM(S) (1) CONSIDERATION. . ndatedFebruary ofAPPROVING the meeting minutes of the regular meeting of the Planning and Zoning 13,2014, APPROVED (2)PUBLIC HEARING of ORDINANCE# 2014-02,an application by Nature's AZ for an amendment to Section 24.03.B of the Fountain HillsZoningMedicines Ordinance. If adopted,the proposal would amend the zoning (iliw ordinance by extending the permitted operating—atg in hours of a medical marijuana dispensary to allow operation between m the hours of 8:00 a.m.—9:00 p.m., Sunday. Case Number Z2014-01 NO ACTION (3)CONSIDERATION of ORDINANCE#2014-02,an application by Nature's AZ Medicines for an amendment to Section 24.03.B of the Fountain Hills Zoning Ordinance. If adopted,the proposal dispensary would to allow operation between amend the zoning ordinance by extending the permitted operating hours of a medical marijuana the hours of 8:00 a.m.—9:00 p.m., Monday—Sunday. Case Number Z2014-01 PASSED 5-0 (4)DISCUSSION with possible direction to staff WILL regarding initiating amendments to the Hillside Disturbance regulations in the zoning and subdivision ordinances. SUBCOMMITTEE REVIEW (5)COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff taff Items listed below are related only to the propriety of(i)placing suchitems on a future agenda for action or(ii) directing staff to conduct further research and report back to the Commission. NO ACTION (6)SUMMARY OF COMMISSION REQUESTS from Senior Planner. PROCEED WITH SUBCOMMITTEE REPORT from Senior Planner and Zoning Administrator,Planning and Zoning f)ivision of Development Services. LI' (7) NOTHING TO REPORT Planning and Zoning Commission Agenda Page 2 of 3 POST AGENDA (6„, (8)ADJOURNMENT @7:1 3 P.M. Supporting 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 19th day of February 2014 By: R rt Rodgers, Senior Planner arming and Zoning Division t *14 tt VC' `t i lArk,tiv 91,40 (S'A' •44 41wit-ifrat 114 %-• do tf:te'jtec(?V"1"19' ' minorP Or; 11; aVF.„,, 4„ reiti 4,,*4111f. $ Loo, t1,41,-PO ir:4451-Mtp,i,i4Ci:Cgre 1,57i15 ij°/thei(' '-‘4° 80111 t ntut with thcA 10.44PP„..kAftsi,s'it aelOiv46.(dit:40 otekhild ore not,0,-.0',.fthM da: may vE;t5, 110 Planning and Zoning Commission Agenda Page 3 of 3 4'‘TAIN4l -17 / ,rJ; REGULAR MEETING NOTICE • OF THE that is A \l' PLANNING AND ZONING COMMISSION Commission Members: Chairman Lloyd Pew and Vice-Chairman Mike Archambault Commissioners:Angela Strohan,Richard Turner,Stan Connick,Eugene Slechta and Steven Harris 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 February 27,2014, 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,FEBRUARY 27,2014 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 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 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Lloyd Pew * 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 February 13,2014. (2)PUBLIC HEARING of ORDINANCE#2014-02, an application by 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 Cw ordinance by extending the permitted operating hours of a medical marijuana dispensary to allow operation between the hours of 8:00 a.m.—9:00 p.m., Monday—Sunday. Case Number Z2014-01 (3) CONSIDERATION of ORDINANCE#2014-02, an application by 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.—9:00 p.m., Monday—Sunday. Case Number Z2014-01 (4)DISCUSSION with possible direction to staff regarding initiating amendments to the Hillside Disturbance regulations in the zoning and subdivision ordinances. (5) 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. (6) SUMMARY OF COMMISSION REQUESTS from Senior Planner. (7)REPORT from Senior Planner and Zoning Administrator, Planning and Zoning Division of Development Services. ihr (8)ADJOURNMENT Planning and Zoning Commission Agenda Page 2 of 3 Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Canning&Zoning Division of the Development Services Department. DATED this 19t1 day of February 2014 By: Ro rt Rodgers, Senior Planner P anning 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 recording, 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 ��cAlNylt TOWN OF FOUNTAIN HILLS 3 Planning and Zoning . Board of Adjustment 9„�hat��-tioo AGENDA ACTION FORM Meeting Date: February 27, 2014 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning&Zoning Staff Contact Information: N/A REQUEST TO COMMISSION: Consideration of approving the Planning and Zoning Commission Regular meeting minutes from FEBRUARY 13, 2014. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): Approval of the Planning and Zoning Commission Regular meeting minutes from February 13, 2014. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact(initial and ongoing costs; budget status): N/A Recommendation(s): Approval Staff Recommendation(s): Approval SUGGESTED MOTION: Move to approve the Planning and Zoning Commission Regular meeting minutes dated February 13, 2014, as presented. Attachment(s): Submitted by: »iee Maatex February 19, 2014 Name/Title Date Appr v R/obe Rodgers, Senior Planner ate Page 1 of 1 AIN TOWN OF FOUNTAIN HILLS X Planning and Zoning :' Board of Adjustment that is 01 AGENDA ACTION FORM Meeting Date: February 27, 2014 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 #14-02, an application by Nature's AZ Medicines 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 — 9:00 PM, Monday — Sunday. Case #Z2014-01 CONSIDERATION of ORDINANCE #14-02, an application by Nature's AZ Medicines for an amendment to Section 24.03.E of the Fountain Hills Zoning Ordinance. If adopted the proposal would amend the zoning dinance by extending the permitted operating hours of a medical marijuana dispensary to allow operation etween the hours of 8:00 AM — 9:00 PM, Monday— Sunday. Case #Z2014-01 Applicant: Mark Steinmetz Applicant Contact Information: 8143 E. Quarterhorse Trail, Scottsdale, AZ, 85258 (480) 219 - 0401 Owner: Buer Trust -Vladimir Buer, Trustee Owner Contact Information: 14850 E. Grandview Drive, Fountain Hills, AZ 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.B — Hours of Operation 2006-2010 Strategic Plan — Conformance with Town Regulations ARS Chapter 28.1 —Arizona Medical Marijuana Act Staff Summary (background): Subsequent to, and in accordance with the adoption of the so-called Arizona Medical Marijuana Act, Fountain Hills 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. hapter 24 specifically sets 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. Page 1 of 4 Medical Marijuana Dispensary Hours Case #Z2014-01 The marijuana dispensary was granted a zoning verification on May 8, 2012. The zoning verification letter infirmed that the property met the minimum setback requirements as well as being located within the C-3 oning district. The marijuana dispensary received a building permit to begin renovations in the existing building, suites 201 and 202. They opened for business approximately six months ago. The applicants are now seeking an amendment to Chapter 24 - Section 24.03.B of the town's zoning ordinance. Zoning Ordinance Section 24.03.B currently states: "A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m., Monday through Friday." The current 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. The applicants have provided a narrative with their application in support of their request. Among other arguments, the applicant believes that the restricted hours of operation are overly restrictive and unfair. The narrative asks for Monday — Saturday hours in the third paragraph but it also asks for Monday — Sunday hours in the closing paragraph. Staff has assumed, based on the context of the narrative, that the latter is what the applicants would prefer. The applicant's request therefore is to amend Section 24.03.E so as to read... "A medical marijuana dispensary shall have operating hours not earlier than 8:00 a.m. and not later than 9:00 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 9:00 PM every day. Denial of the requested amendment will require the Marijuana Dispensary use to operate between 9:00 Am nd 5:00 PM Monday— Friday according to the terms of the current Town Zoning Ordinance, Chapter 24. Page 2 of 4 Medical Marijuana Dispensary Hours Case #Z2014-01 Fiscal Impact (initial and ongoing costs; budget status): No Financial impact to the town is anticipated. aff Recommendation(s): 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 time in which the dispensary has been in operation. As Section 24.03.E 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 regarding 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.B to extend the hours of operation of the medical marijuana dispensary to 8:00 AM — 9:00 PM, Monday — Sunday as presented. Submitted by: ;oeert Nocfge .410 2/19/2014 Senior Planner Date Approved by: D elopment Services Director Date Attachment(s): 1. Aerial Photo of Site 2. Application 3. Applicant's Narrative 416. Page 3 of 4 Medical Marijuana Dispensary Hours Case #Z2014-01 Aerial Photo of the Site • ate .., 0 27 "- -9. 41, 40 • \ 11'- Y8 961 ., 176- -9 'Yt.- - 2t a 12 0 t 1 �, 176 96f, L^ ' r 202 ►. 17 -9'; L1j °. 1� 176-C6-959 fb A. - ip.. , ..,,,,'/ for 4. , >` 4 ^.,. t. '''. .• / ''''''' *111 w� 103A R Page 4 of 4 �1 AIN gl DO Not write in this space —official use only Filing Date I M'- z r 5, o s P Y Accepted B 64.0:t4A.- Fee Accepted /3 S•00 .41 Case Manager 6 L , - �lf bat is Ai'1'�o The Town of Fountain Hills Planning & Zoning Division - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan &Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinanc= ■CSe�/Ti�>:Ir[.l�il' itilftlr. Planned Unit Development Preliminary Ina • Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit &Amendments Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee,if applicable) Variance Tract Housing S1 CikwIr PROJECT NAME I NATURE OF PROJECT: •- 26w/..",0 7 , ,4,e'00/i+4e Qfo 3. a LEGAL DESCRIPTION: Plat Name j^ i Block ,�J ,Lot PROPERTY ADDRESS:J® 7�m/3 Alt. 4 f p ,.:e fid ' .,b A')i.4✓/.v,;e 40 ' !, ".z r3 dif PARCEL SIZE(Acres) ASSESSOR PARCEL NUMBER (1 L-'Of P' G NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING PROPOSED ZONING A licant Y 7730 Y , to �' ` vt'S�e Lei/ !� PP Mrs./rmilr -8/.!.Ree�+l ,�{i�:s Az /d Day Phone 1/iii)-"J'`.?/-"I ►© f,a�-7/7 Mr. kyzo egi004.04aw T,..! r/� /' .� S^.�S'� ! 7 Ms.Address: ��,,. 11 aty: f State Zip: Email: �,,I f'/( . �j7G"'i%/sA►I a" 44 ie#.4/.0'24- OwnerMrs. V!D' ,+6 4 AP')oe - Day Phone /4 P') -00.206 /o �1 Ms.Addressj''f c" 4 &'t.0 of CCiityG I'.J`i State:%T? Zip: (f,..26 9 If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of ,20 My Commission Expires NOTARY PUBLIC MUNIS — 444y 7_. APPLICATION (4-Ot December 26th, 2013 tor Mr. Robert Rodgers Senior Planner Development Services 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Zoning Text Amendment to Ordinance 24.03 Dear Robert, Please accept this application for a Zoning Amendment regarding requirements from Chapter 24 of The Town of Fountain Hills "Medical Marijuana Uses (24.03) Location Restrictions." Sixth Street Enterprises, Inc., DBA Nature's AZ Medicines,with consent of our Landlord,Vladimir Buer, Property Owner of our leased premises at 16913 East Enterprise Drive, Units 201 and 202, in Fountain Hills,AZ provides the following request to the Mayor and Town Counsel of Fountain Hills to reconsider the operating hours for the Town of Fountain Hills medical marijuana dispensary under the restrictive requirements of Fountain Hills Zoning Ordinance 24.03. Nature's AZ Medicines in Fountain Hills has operated within al of the requirements of Section 24.03 B including the hours of 9:00AM to 5:00PM Monday through Friday despite patient inconvenience and dissatisfaction of local access to their prescribed medications. We submit for the record that Proposition 203, The Arizona Medical Marijuana Act passed by a majority of Arizona voters,allows for all Arizona municipalities to extend patient access to their medical marijuana dispensaries anytime between the hours of 7:00AM and 10:00PM.Nature's AZ Medicines is operating within current local Town of Fountain Hills zoning regulations,with I respectfully request to amend this rule to allow patients with full time traditional day shift jobs to access medicine outside of working hours. Specifically, Monday through Saturday from 8:00AM to 9:00PM. The following outlines the rationale for reconsideration of Ordinance 24.03 B concerning "Hours of Operation": The Arizona Department of Health Services, along with 19 other States have recognized Medical Marijuana as having medical benefits for patients with specific qualifying conditions. (Exhibit#1). The Federal justice Department"Cole Memorandum" of August 27th, 2013, has made it clear that our Federal Government will not prosecute State Regulated Marijuana dispensary programs. Medical Marijuana is an alternative herbal medicine prescribed by doctors,much like pharmaceutical drugs, but without the unwanted side effects many experience with pharmaceutical products. Medical Marijuana ADHS Patient Card Holders have been granted a right to access their medicine at reasonable hours outside of traditional working hours, as they would a pharmacy prescription. Pharmacy hours in Fountain Hills are as follows: CVS Pharmacy at 16545 East Palisades Blvd., Fountain Hills, 85268 operates M-F 8:00AM- 10:00PM,Saturday 9:OOAM-6:OOPM and Sunday 10:OOAM-6:OOPM. (Exhibit#2) Fry's Pharmacy at 14845 East Shea Blvd., Fountain Hills,AZ 85268 operates M-F 9:00AM- 9:00PM, Saturday 9:OOAM-6:00PM,and Sunday 10:OOAM-6:OOPM. (Exhibit#3) Target Pharmacy at 16825 East Shea Blvd., Fountain Hills, 85268-6668 operates M-F 9:OOAM-7:OOPM,Saturday 9:OOAM-5:OOPM,and Sundays 11:OOAM-5:OOPM. (Exhibit#4) We recognize that there is an existence of special circumstances or conditions regarding 40,fr the use referred to in this Zoning Amendment application that does not apply to other properties in the district. #1.) Nature's AZ Medicines,Inc.is the only Arizona Department of Health Licensed Medical Marijuana Dispensary awarded to Fountain Hills,AZ. #2.) Patients are required to consult with their physicians in order to get a prescription to apply for a Medical Marijuana (MMJ) Card from Arizona Department of Health Services in order to obtain this natural herbal medicine. #3.) For many patients, medical cannabis is the ONLY prescription that gives them relief from their aliments. These patients rely on access to their prescription for Medical Marijuana in order to survive their symptoms. . #4.) For many Fountain Hills patients,the hours proposed in Ordinate 24.03 "Monday through Friday from 9;00AM to 5:00PM" are far too restrictive, unfair, and prejudiced. Restricting access of this herbal medicine to traditional working hours simply makes it too difficult for patients and their caregivers who work full time "day shift" hours to access their prescribed medicine in their community. #5.) Proposition 203 (AMMA) allows communities to authorize its dispensaries to operate between the hours of 7:00AM and 10:00PM Monday through Sunday. Competing communities nearby the Town of Fountain Hills accommodates greater access to its ADHS CLicensed dispensaries. (klo ,, The City of Phoenix zoning ordinance allows state regulated medical marijuana dispensaries to operate allows operating hours from 8:00AM to 7:00PM (Exhibit#5).The City of Scottsdale accommodates operating hours of 6:00AM to 7:00PM (Exhibit#6). The City of Tempe Zoning Ordinance 2011.01 allows for its dispensaries to be open from 8:OOAM-6:OOPM (Exhibit#7).The neighboring City of Mesa,AZ Zoning ordinance allows medical marijuana dispensaries to operate between the hours of 8:00AM-9:00PM Monday through Sunday(Exhibit#8). It is proposed in this request to amend Ordinance 24.03 to allow Nature's AZ Medicines to serve its Fountain Hills patients outside of their traditional work schedules for the convenience of its community residents.We respectfully request that the Zoning ordinance be changed to accommodate operating hours enjoyed by traditional pharmacies,and consistent with the City of Mesa's hours for its five (5) medical marijuana dispensaries, 8:00AM to 9:00PM Monday through Sunday. Revising the Town Ordinance to allow its residents to access to this herbal medicine between the hours of 8:00AM to 9:00PM Monday through Sunday will give Fountain Hills residents the same time to access their alternative medicines as enjoyed by other neighboring communities. Many Patient Residents of Fountain Hills have complained to Nature's AZ Medicines management and Town of Fountain Hills lawmakers about the current"overly restrictive" hours for their local dispensary, Natures AZ Medicines. HIPPA rules and privacy concerns prevent us from sharing their names and addresses, but it should be known that these community residents represent all walks of life,demographics, and social-economic backgrounds.While some are elderly and lower income,others are wealthy and very influential members of the Fountain Hills community. The vast majority of Patients are over 40 years of age,and most far older than the demographics of the ADHS program as a whole,with disproportionate representation within the 50+ Baby Boomers in Fountain Hills (Exhibit#9). Currently,The Town of Fountain Hills Zoning Ordinance for Arizona Department of Health Services Licensed Medical Marijuana Dispensaries is the most restrictive anywhere in the State of Arizona.This is not fair to the citizens of Fountain Hills, our doctors of medicine, and their resident patients. It is a fact that 76%of Physicians polled by the New England Journal of Medicine would recommend or prescribe the use of medical marijuana for patients experiencing cancer pain. (Exhibit#10). Nature's AZ Medicines has been operating for six months without incidence of crime or Lir violation.Anyone who has invested any amount of time observing our medical facility can attest to its medical legitimacy in this community.Nature's Medicines has had no incidence of loitering or on premise use what-so-ever. Its patients are deserving of their access to this alternative herbal medicine and should not be discriminated against. If marijuana's impact on our youth is a real concern, and I assume it is,we should all take comfort in the facts at hand. Intelligent extrapolations from federally funded Center for Decease Control (CDC) Teen Health Risk Assessment Survey studies.This data correlated to the opening of State Regulated Medical Marijuana Programs across the United States shows a drop off in Teen marijuana usage rates.As legitimate licensed business people displace the illegal black market sellers,who distribute far more harmful substances to our youth, teen marijuana usage is significantly reduced. Our own 2012 Arizona study showed a-7% decline even under the ADHS caregiver rules.The data is clear on this issue for the Western U.S. including Arizona (-7%), Colorado (-10%), and New Mexico (-3%). As a dispensary owner I have offered to address high school students in Fountain Hills as to the harms of medical marijuana to the youthful and undeveloped mind. Recent research finding indicate that while mature brains seem to benefit from the medicinal qualities of medical cannabis, including greatly reduced incidence of cancer and Alzheimer's,research evidence does not support general use among minors.Age appears to be a big factor in how cannabis effects brain cell development. There is ample evidence to support many medical benefits for older adults, including observational research from Dr.Wink, the Head of Neurology at Ohio State University. Dr.Wink's findings concluded increases in executive function and cognitive reasoning skills among thousands of baby boomers in his observational study group. In contrast to these positive research findings for older adults, there is now recent evidence that shows that both frequent and heavy doses of marijuana on a young and not fully developed brain can be harmful over time.Recent research concludes that some teens have experienced lower IQ's that did not improve later in life.It is important that we distinguish adult medical use from teen recreational abuse and that we do what we can to contain the teen use issues facing our communities. A good first step toward this goal is to stop forcing the legitimate medical use market to subsidize the illegal black market selling to our children.You force this illegal subsidy when access to legal medication is restricted. Watch for a rapid decline in teen marijuana use in 2014 when the States of Colorado and Washington intact Regulated Adult use. I predict teen usage will fall considerably further by 2015,because recent surveys suggest that the medical market for MMj is probably only 20% of the entire market for cannabis.Total adult use is somewhere around 12-14% (1„, weekly,spread evenly among ethnicities,demographic,and socio economic groups. State Regulated Medical programs serve only 2 to 2.5% of the total marketplace, so the positive effects we see by correlating teen use to medical dispensaries opening is a bit muted . Most educated in this subject matter insist that the black market will be virtually eliminated in these states and teen use will fall dramatically further, just as teen alcohol use fell dramatically after the alcohol prohibition ended in 1929. It only makes sense if you understand the laws of macro-economics and the social change taking place in the US today. Whether you believe in the inherent medical benefit of MMj or not, state Regulated Dispensaries are clearly a strong component of the teen use solution, NOT part of the problem.Licensed and controlled distribution will displace unauthorized and illegal access and these added market controls will deter teen marijuana abuse. Having a dispensary in your community to service the legitimate medical market for State Licensed Cannabis will reduce teen use by eliminating the economic subsidies paid by legitimate medical users to black market growers out of desperation.These black marketers may also be selling far more harmful substances to our teens and should be put out of business by legitimate licensed dispensaries operating by the rules established in your community. cYour Fountain Hills Dispensary currently loses money and its business plan may be unsustainable without relief from these overly restrictive hours. Continue to keep the Town of Fountain Hills Tax base growing from this tax revenue stream. If Nature's AZ Medicines can effectively compete with dispensaries operating in neighboring communities, eventually,we will fulfill our Non-Profit mission and happily donate our profits to Fountain Hills Community 501C3 Charities from this essential alternative medical service.We are on the record to operate as a not-for-profit corporation.Our ultimate goal is to serve the alternative medical community, create jobs, and pay taxes. It is the expressed intent of Nature's AZ Medicines to enhance the local economy and the overall well-being of the Town of Fountain Hills. We ask that the Town of Fountain Hills please discontinue this punitive business zoning policy that restricts medical access to its citizens and puts our local enterprise at a competitive disadvantage to competing businesses operating in neighboring communities. We ask that you please extend the operating hours within Zoning Ordinance 24.03 to allow our business to operate between the hours of 8:00AM and 9:00PM Monday through Sunday in order to sustain itself and continue to serve the community residents of Fountain Hills. Thank you for considering this request. L Sincerely, Mark Steinmetz Sixth Street Enterprise, Inc., BDA- Nature's AZ Medicines 16913 East Enterprise Drive, Fountain Hills,AZ 85268 Mark( naturesazmedicines.com www.naturesmedicines.com L ,-- Ism- CO .1- kov,.... W ƒ a k / k k k / k k / k k k k k k k k k \ ? k k / k k / k / / ( . _ . \ & k / k / k k k k k k k k / 2 _ 7 / k / k k k / / / § ) / k / / k k k k E 2 k k / k k k k k / / k / / o _ El' 2 / k k / k k / / k / / / / ± . . `/ 7 k k k k k 0 2 XXXX k k k k k k k / � . _. . . 7 2 k / / / / / = / / k k k k u § 2 / k k k k / / k \ C) k / k k / k / / k X k k k X / / k / k k o — - / k k k k / / / / , . . . . \ a. $ ._ = u Ei o a. k 7 -a = tttiu E ° Emcsa 6 7 7 q = / g o a o / a.) a.) 2 5® k 2 .5 2 ' # / / _ s 7 2 § § J q § / f cn ® a q ¥ — a / E : m ( S E $ e u § ' = § k Q _k § } 0 / U 5 % R a / o R 7 c G - § § u .. 2 N \ % " 2 ' / 0 - § 2 ® 2 k q 2 H ' 0 / ¥ -' 4 a k U U U 0 U m S / 3 3 3 2 2 / 7 m F K CD - 1[I11li:i CVS pharmacy store locator-CVS locations Welcome to CVS ccen t I _Sign212 or Crests en Account I Csoanol I Store Locator I nriWeeldv Ad Get a flu shot today!No appointment needed.'Get Details i';Feedback 5, !' Se arch earci r Lste- dam I Store Locator Store Locator EXHIBIT 2 Enter a ZIP Code,City and State,Street Address or Store Number 85268 Narrow results by selecting desired services: Li ,, 24-Hour i A,= Drive-Thru 12 MinuteCllnic " Accepts SNAP Pharmacy Pharmacs, Pharmacy Home Health Pharmacy Center • 24-Hour Store Photo -_j Accepts WIC Immunizations You can also Browse bvState 2 CVS/pharrnacy Stores near ZIP code 85268 = 1-5 of 25 Results 1 23 4 5 N Road II Z : . 1.03 mi Store&Photo Hours 16545 EAST PALISADES BOULEVARD M-F 07:00 AM-10:00 PM z r; ;',ter,.,t:i; FOUNTAIN HILLS.AZ 85268 Sat 07:00 AM-10:00 PM '`� `t`sal,a;(it.?i;+n - 3 480-836-8337 Sun 07:00 AM-10:00 PM r Story m9279 ._ s Pharmacy Hours �`" w,� - M-F08:00AM-10:00PM "1y i_I`':' '•``st Fountain Hills Sat 09:00 AM-06:00 PM r Services: Sun'10:00 AM-06:00 PM Drive-Thru Pharmacy,Photo,Accepts __---- J £glw Blvd t yeea Blvd, SNAP,Pharmacy,Immunizations Set Directions sa s e r ' " Set As mvCVS Store ' ';::'.:la}i ;:cF.?I,,.,?int A`-,:copz.•IndiL:l=�.1R, m NNeekh�Adsn,w,y x i adise 1,150...v, Iley Insurance accepted. F schedule an O.' appointment cottsdale • Loop a` a 202 _EMLDCWellRd 37 :Z: i_35 mi Store&Photo Hours ° 10160 EAST BELL ROAD M-F 07:00 AM-10:00 PM z z ` 5 km SCOTTSDALE,AZ 85255 Sat 07:00 AM-10:00 PM o 2013 Nokia o 2o1 mt c 480-473-608 Sun 07:00 AM-10:00 PM + Store#78662 Pharmacy Hours View Larger Map , - M-F'08:00AM-i0:00PM Sat 09:00 AM-06:00 PM Services: Sun 10:00 AM-06:00 PM Drive-Thai Pharmacy,Photo.Accepts SNAP;Pharmacy,immuni-tions Get Directions Off''�.,mil'` �� ', =*�', Set As m vCV$Store , ; mvWeeklvAd ur 4 4 d }�� (w "'k It 1 K 'ti';d •xRF Insurance accepted. a "s P „f, schedule an appointment , "gin: :_ �- 4 'ti� �'�^r.A2.13 .' 3 7,75 mi c e}" 10{ ` LL.. Store&Photo Hours v" 14672 NORTH FRANK LLOYD WRIGHT M-F 07:00 AM-10:00 PM SCOTTSDALE,AZ 85260 Sat 07:00 AM-10:00 PM •Insurance accepted MID 480-661-2936 Sun 07:00 AM-10:00 PM •No appointment needed Store#9252 Pharmacy Hours ,Restr0, s:,pply.Slmpan pa,,cannot oed intg,kp,n M-F 08:00 Atv1-10:00 P 512 t,J m Nr. 4t www.cvs-coMstores/store locator-Iartding.jsp? requesld=2725154 113 12/11/13 Fr1s ,:.r. EXHIBIT 3 '41.1'Store Hours FRY'S N Road ,3,-1: Address: Make Preferred Store 14845 E Shea Blvd Driving Directions Fountain Hills, AZ 85268 View Weekly Ad DelifBakery Ordering Store: (480) 836-7311 Pflacrnacy:_(48()836-7313 - Store Hours: /Pharmacy Hours: ---- Sun -Sat: 5:00 AM - 11:00 PAY Sun: 10:00 AM -6:00 PM -,.., .,_.J.:!,:,sr.:,.L,,i../ril \ .'-fr / Mon - Fri: 9:00 AM -9:00 PM Sat: 9:00 AM - 6:00 PM ..... Normal Hours of operation. Please call store for changes E Shea Blvd E Shea MO L....,1 Store Services: ATM '.- 1°' .'Bakery c Bank h.;.: Beer CI Boars Head 1;714 Book . ,., .._,.. ,,,,-- Cheese IF..,'''',Coin Star ii Cosmetics i; ;Deli V'74.-1 Drug Ej Floral (ii7:1 Kosher Food '‘,.4 Liquor r-2 OliveBar w -, Organics 7.X.... 5000 feet /km ,Pharmacy 0 ,•-..1 Wine ©2013 Nokia 0 2013 Alcroseft Camara/ion St741 rE: .'1. Deli/Bakery Ordering ca:Us can IIII htlprihwmcirlefood.comistoreHours?store=66000070 V 12111/13 tM4lw.target.corn(stare-locatorlsearch-results?address=85268&concept=PFtarrnacy&x=-950&} -417#Store1432conceptipopupAnchor discover the cool s#sill n E,', _ 1- ,,_; r;; Y4�^^ everyone'stalkingt _r. ix _.,'' -s'tt.}tw 'jv ^a:iF ix jdl }� all search EXHIBIT 4 TODAY40 ... ..... ,. .. . . . . :. . . . , . a EVERYDAY . ,_ .. U search results Target Find a Store Search Results 4/4iiiiiif Road Viow • Aerial View L. Frintabfe kilup gici85268 ivu.1Et:i:er nox'rt: ^ Start over I Clear . 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Musical Instruments, Repairing and Retail Sales *32 *35 *38 *39 *46 118. Music Studios *32 *35 *38 *39 *46 119. News Dealers *32 *35 *38 *39 *46 120. News Service *32 *35 *38 *39 *46 121. Newspaper Printing *32 *35 *38 *39 *46 122. Nonprofit Medical Marijuana Dispensary Facility, subject to the following conditions and limitations; failure to comply with the below regulations and requirements shall result in non-compliance and is subject to revocation or denial of the use permit. +38 *39 *46 a. A use permit shall be obtained in accordance with standards and procedures of Section 307 and the following: +38 *39 1. Shall be reviewed every 365 calendar days. +38 *39 2. Provide name(s) and location(s) of the off-site cultivation location. +38 *39 3. Include a copy of the operating procedures adopted in compliance with Section 36-2804(B)(1)(c), Arizona Revised Statutes. +38 *39 4. A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below if the proposed facility is within 110 percent of the minimum distance from the proposed facility. +38 *39 b. Cultivation of medical marijuana is prohibited. +38 *39 c. Shall be located in a closed building and may not be located in a trailer, cargo container, motor vehicle or similar structure or motorized or non-motorized vehicle. +38 *39 d. Shall not exceed 2,000 square feet of net floor area dedicated exclusively to the nonprofit medical marijuana dispensary; this shall include all storage areas, retail space and offices for the nonprofit medical marijuana dispensary. +38 *39 e. Shall not be located within 5,280 feet of the same type of use or a medical marijuana cultivation or infusion facility. This distance shall be measured from the exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the nearest exterior wall or portion thereof of another medical marijuana dispensary, cultivation, or infusion facility. +38 *39 f. Shall not be located within 250 feet of the following residentially zoned districts: S-1, S-2, RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15. This distance shall be measured from the vvww.codepublishing.comlaz/phoeni ' 10/29 12/18/13 Phoenix Online Codes exterior walls of the building or portion thereof in which the cultivation dispensary business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned district. +38 *39 g. Shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center. This distance shall be measured from the exterior walls of the building or portion thereof in which the dispensary business is conducted or proposed to be conducted to the property line of the protected use. +38 *39 h. Shall not be located within 500 feet of a place of worship. This distance shall be measured from the exterior walls of the building or portion thereof in which the dispensary business is conducted or proposed to be conducted to the property line of the place of worship. +38 *39 i. Shall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m. +38 *39 j. Drive-through services are prohibited. +38 *39 123. Novelties, Wholesale *32 *35 *38 *46 EXHIBIT 5 124. Nursing Home *32 *35 *38 *46 PART TWO 125. Office Service: Stenographic Service, Letter Preparation, Addressing and Mailing, Duplicating, Multigraphing, Machine Tabulation, Research and Statistical *32 *35 *38 *46 126. Oil Burners, Retail Sales and Repairs *32 *35 *38 *46 127. Optical Goods, Manufacturing and Sales *32 *35 *38 *46 128. Orthopedic Appliances, Manufacturing and Sales *32 *35 *38 *46 129. Outside Retail Food Sales as an accessory use to a general retailer with a minimum of one hundred thousand (100,000) square feet of gross business area, including outside garden centers, subject to the following limitation: +18 *26 *32 *35 *38 *46 a. A use permit shall be obtained in accordance with the standards and procedures of Section,307. +18 130. Painters' Equipment and Supplies Shops, Wholesale and Storage *32 *35 *38 *46 131. Parking Lot, Commercial, Subject to Provisions of Section 702 *32 *35*38 *46 132. Pawn Shop. Subject to the following limitations: *32 *35 *38 *46 a. A use permit shall be obtained subject to the standards and procedures of Section 307. www.codepubi is hi ng.com/azlphoenix/ 11/29 EXHIBIT Ce • Jr I x fro w Meeting Date: September 14, 2011 General Plan Element: °, 5> General Plan Goal: #G° ° 011034 VIM 1®"° 4t la?> ACTION Medical Marijuana Modifications 590-PA-201 0#2 Request to consider the following: 1. Request by the Oty of Scottsdale, as the applicant, to initiate a text amendment to the City of Scottsdale Zoning Ordinance(No.455), for the purpose of modifying medical marijuana land use and related regulations. Related Policies, References Zoning Ordinance APPLI CANT CONTACT Nra Wauwie,ACP Project Coordination Liaison Oty of Sottsdale 480-312-7898 E Mail: kwauwie@SoottsdaleAZgov LOCATI ON City-wide BACKGROUND Key Items for Consideration • Medical marijuana use and related regulations were added to the Zoning Ordinance in January, 2011. • Between January and August of 2011 there have been 18 Conditional Use Permit requests seeking approval of medical marijuana uses. • The implementation of the new regulations has resulted in new knowledge about the uses, resulting in the need to re-evaluate the regulations. Page 1 Planning Commission Report Case Name(590-PA-2010#2) rA�f Existing Medical Marijuana Regulations The following is a summary of the existing medical marijuana use and related regulations(fie Attachment #1 for the complete narrative regulations). ua -+-54 NC 5- .lAmeAriF /j t st - -f- /Art- 'n /j Special Campus( ) CUP' CUP CUP Not Allowed Commercial Office(GO) CUP Not Allowed CUP Not Allowed Industrial Park(1-1) CUP CLIP CUP CUP Patient Cultivation ❑allowed where the patient lives *CUP=Conditional Use l rmit CUPcriteria: Spoke, noise, odor, vibration - 500-feet separation to specified residential districts and schools - 1/4mile separation to similar use; but no separation in I-1 and SCzone if the uses have the same Gate-ice ied certification at the same location --With theCUP_plans must be approved for waste disposal ar securit hours of operation limited to the hours of from 6 a.m. to 7 p.m. - None of these uses may have a drive hrough, take-o—"win"ow, ve-irr -- Medical Marijuana Pre-application and Case History The following lists the number and type of pre-applications and cases that have been reviewed for medical marijuana uses(See Attachment#2 for more details): Re-application submittals: 33 Conditional Use Permit submittals=18 total For Medical Marijuana Dispensary=13 total -2 withdrawn (1 =incorrect zoning; 1 =community opposition due to proximity to school and residential uses; the case was heard and resulted in a recommendation of denial from Planning Commission and subsequent withdrawal by the applicant prior to the City Council hearing); - 11 approved For Medical Marijuana Cultivation = 1 total - 1 approved For Medical Marijuana Dispensary and Cultivation combination =4 total -4 approved There were no pre-applications or cases for Medical Marijuana Processing facilities submitted. There were no pre-applications or cases for Medical Marijuana Caregiver facilities submitted. 46 Patient Cultivation does not require Clty review thus no cases for that use were reviewed. Page 2 EXHIBIT 7 ORDINANCE NO. 2011.01 .. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, AMENDING THE ZONING AND DEVELOPMENT CODE, PART 3 — LAND USE, SECTIONS 3- 202, 3-302, 3-426; PART 6 — APPLICATION AND REVIEW PROCEDURES, SECTION 6-313; PART 7 — DEFINITIONS, SECTION 7-114, AND AMENDING THE TEMPE CITY CODE, SECTION 26-70. ktttttttrttrtt*ttrt*ttttirtttkrrttttttk*rrrrtattkt**tttttrttt kkt Mayor and City Council make the following legislative findings: The Arizona Medical Marijuana Act, Proposition 203, approved by voters in the statewide election on November 2, 2010, provides for defined possession, use, distribution and transportation of marijuana for Medical Use within the State of Arizona. Federal law and related regulations classify marijuana as a Schedule I controlled substance and prohibit its cultivation,possession, dispensing and use, among other things, for medical reasons. Federal agencies, including the United States Drug Enforcement Administration, Food and Drug Administration, Office of National Drug Control Policy, have concluded that no sound scientific studies support the safe and effective use of marijuana for treatment of any disease or condition or do not support the use of smoked marijuana for medical purposes. Arizona law, likewise, prohibits the possession,delivery, manufacture,cultivation and sale of marijuana. Law enforcement and residents of states that authorize the Medical Use of marijuana report, among other things,that dispensaries and the Medical Use of marijuana are correlated to myriad negative secondary effects such as an increase in violent armed robberies and murders, burglaries, traffic, noise and drug dealing, in gangs and gang activity, organized crime and other issues related to the presence of large amounts of cash, such as money laundering and firearms violations, and the underreporting of crimes committed at Medical Marijuana Dispensaries,the creation of opportunities for the diversion of marijuana for Medical Use into illegal use and a disregard of environmental standards. States that authorize the Medical Use of marijuana also report an increase in social costs related to the Medical Use of marijuana such as increased gang activity, poisonings, structural fires and mold growth, decreased quality of life and loss of business tax revenue. Under the Arizona Act,the State issues Registry Identification Cards and renewals and adopts rules governing Nonprofit Medical Marijuana Dispensaries. Under the Arizona Act, the City of Tempe is expressly permitted to enact reasonable zoning regulations that limit the use of land for registered Nonprofit Medical Marijuana Dispensaries. Arizona law also allows the City of Tempe to enact zoning regulations to protect and promote the public health,safety and general welfare and regulate the use of buildings, structures and land as between agriculture, residence, industry, business and other purposes. Ordinance No.2011.01 ATTACHMENT 1 The current Zoning and Development Code for the City of Tempe does not address or regulate the establishment, location or operation of these Dispensaries and related cultivation activities. The regulations, limits and prohibitions established in this Ordinance, including, among other things, minimum separation requirements, environmental issues and security plans, will reduce or eliminate threats to the public health, safety and general welfare. The regulations, limits, and prohibitions established in this Ordinance are necessary to protect and preserve the public health, safety and general welfare. Nothing in this Ordinance is intended to establish any land use which violates federal or state law. Nothing in this Ordinance is intended to authorize or make legal any act that federal or state law does not permit or sanction or assist any violation of any federal or state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEMPE,ARiZONA, as follows: SECTION 1. That a portion of Table 3-202A and Table 3-202B of Section 3-202 of the Zoning and Development Code, pertaining to medical marijuana, is hereby amended to read as follows: Table 3-202A - Permitted Land Uses (RIO, CSS, CC, PCC, RCC) 5 =tmsa! r?.�w r n v tP 7 I- r.. x ,y *s B - ;� - r r sib:"'—rN `?: `� L3# �q 6�A�' < '_ � �T:SS I •�i e :x :a7+t-+tt*.&�i��'.3 ,�•r'•�5� � t- ����t � rJd�.. RiO CSS CC PCC-i PCC-2 RCC MEDICAL MARIJUANA DISPENSARY(WITHOUT N S S S CULTIVATION)[SECTION 3-426] S S MEDICAL MARIJUANA CULTIVATION[SECTION 3-426] N N r N N N N i Table 3-202B — Permitted Land Uses (MU-1, MU-2, MU-3, MU-4 and MU-Ed) pI r l ,_ iS-`" ir 5 S r a �Sr aY xe - :t„ \c,,• a,_ r; ,1;,• =r I:ii :: j i,-1,0 ,A'Ycr^- -1•4 1,,^-.-a-- v n . P3.' •.i ::.1 k.. ffA-U."'�.- `�i-.vi ;.-.t�tt.YR .42,;`'Aab�a.' e z ,{... rt '�^r�..• :::nta,t, r 4,•, ,t-: MU-i MU-2 MU-3 CM MU-Ed MEDICAL MARIJUANA DISPENSARY[SECTION 3-426] N N N N N MEDICAL MARIJUANA CULTIVATION(SECTION 3-426] N11111 N N N SECTION 2. That a portion of Table 3-302A of Section 3-302 of the Zoning and Development Code, pertaining to medical marijuana, is hereby amended to read as follows: Table 3-302A Permitted Land Uses (LID, GID, HID) Lvrveiy? n•z�-1 Lg.iM ` _ T- '•.�1�,. i"*i 7v. e.r. ind t x'`^ ,^�P" 1" `F',7alShA 4,4'b r • k t t . t:t .1 i"' 9i. ^��l.ns3h �"`d.oie�.'w^i��. ,v� ',:u. �'.,}':'ii. •✓,'t 3' l' is �. �g"A 4a1�F i : fs 4;,t} Viz. LID GID HID MEDICAL MARIJUANA DISPENSARY[SECTION 3-426] S IICIIUIIEII MEDICAL MARIJUANA CULTIVATION[SECTION 3-426] N ME Ordinance No.2011.01 ATTACHMENT 2 SECTION 3. That Part 4, Land Use, Chapter 4 — Special Use Standards, within the Zoning and Development Code, is hereby amended by adding the following: SECTION 3-426 MEDICAL MARIJUANA, A. PURPOSE. THE PURPOSE OF THIS SECTION IS TO IMPLEMENT ARIZONA REVISED STATUTES, TITLE 36, CHAPTER 28.1; ENTITLED "ARIZONA MEDICAL MARIJUANA ACT". CROSS REFERENCE-SEE ALSO THE FOLLOWING DEFINITIONS IN PART 7 OF THIS CODE: MEDICAL MARIJUANA, MEDICAL MARIJUANA CULTIVATION FACILITY, AND MEDICAL MARIJUANA DISPENSARY, B. LOCATION REQUIREMENTS. A MEDICAL MARIJUANA DISPENSARY, WITHOUT CULTIVATION, IS ALLOWED IN THE CSS, CC, PCC-1, PCC-2, RCC, AND LID DISTRICTS. A MEDICAL MARIJUANA DISPENSARY OR CULTIVATION FACILITY IS ALLOWED IN THE GID AND HID ZONING DISTRICTS. THE LOCATIONS ARE LIMITED TO THE FOLLOWING: 1. A MEDICAL MARIJUANA DISPENSARY OR MEDICAL MARIJUANA CULTIVATION FACILITY SHALL NOT BE OPERATED OR MAINTAINED ON A PARCEL WITHIN 1,320 FEET, MEASURED BY A STRAIGHT LINE IN ALL DIRECTIONS, WITHOUT REGARD TO INTERVENING STRUCTURES OR OBJECTS, FROM THE NEAREST POINT ON THE PROPERTY LINE OF A PARCEL CONTAINING THE FOLLOWING: a. ANOTHER MEDICAL MARIJUANA DISPENSARY OR CULTIVATION FACILITY; b. A CHILD CARE FACILITY; c. A CHARTER SCHOOL, PRIVATE SCHOOL, OR PUBLIC SCHOOL, WHICH PROVIDES ELEMENTARY OR SECONDARY EDUCATION; d. A CHURCH, SYNAGOGUE, TEMPLE OR SIMILAR RELIGIOUS WORSHIP BUILDING; OR e. A PUBLIC PARK, LIBRARY, OR PUBLIC COMMUNITY BUILDING; 2. A MEDICAL MARIJUANA DISPENSARY OR MEDICAL MARIJUANA CULTIVATION FACILITY SHALL NOT BE OPERATED OR MAINTAINED ON A PARCEL WITHIN FIVE HUNDRED (500) FEET FROM A RESIDENTIAL ZONING DISTRICT OR THE PROPERTY LINE OF A PARCEL SOLELY DEVOTED TO A RESIDENTIAL USE IN ANY ZONING DISTRICT, MEASURED BY A STRAIGHT LINE IN ALL DIRECTIONS, WITHOUT REGARD TO INTERVENING STRUCTURES OR OBJECTS, FROM THE NEAREST POINT OF THE PROPERTY LINE OF A PARCEL CONTAINING SUCH USE. 3. MEDICAL MARIJUANA CULTIVATION FOR A CAREGIVER OR PATIENT'S RESIDENCE IN A RESIDENTIAL DISTRICT IS NOT PERMITTED, UNLESS SUFFICIENT EVIDENCE EXISTS THAT THE LOCATION IS GREATER THAN TWENTY-FIVE (25) MILES FROM A MEDICAL MARIJUANA DISPENSARY WITHIN THE STATE OF ARIZONA. Ordinance No.2011.01 ATTACHMENT 3 C. OPERATION REQUIREMENTS. ANY MEDICAL MARIJUANA DISPENSARY OR CULTIVATION FACILITY EXCEPT WITHIN A RESIDENTIAL HOME, SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS, AS WELL AS THOSE CONTAINED WITHIN ARIZONA REVISED STATUTES, TITLE 36, CHAPTER 28.1: 1. THE BUSINESS SHALL BE LOCATED IN A PERMANENT BUILDING, WITH AN ENGINEERED FOUNDATION THAT MEETS TEMPE BUILDING CODE, AND NOT LOCATED IN A MOBILE HOME, TRAILER, CARGO CONTAINER, MOTOR VEHICLE, OR SIMILAR PERSONAL PROPERTY. 2. ONLY ONE (1) SECURED EXTERIOR DOORWAY SHALL BE ALLOWED FOR THE PURPOSE OF INGRESS OR EGRESS. THE MAXIMUM SIZE TENANT SPACE SHALL BE LIMITED TO THE SQUARE FOOTAGE DEDICATED FOR SUCH USE WITH ONE EXIT. ANY EXISTING DOORWAYS BEYOND THIS ALLOWANCE SHALL BE PERMANENTLY CLOSED BY REMOVING THE DOOR AND FRAME AND FILLING IN THE OPENING WITH PERMANENT CONSTRUCTION TO MATCH THE EXTERIOR WALL. 3. THE BUSINESS AND TENANT SPACE MUST COMPLY WITH TEMPE'S APPLICABLE BUILDING CODE AND FIRE CODE REQUIREMENTS. 4. DRIVE-THROUGH FACILITIES ARE PROHIBITED. 5. THE MEDICAL MARIJUANA DISPENSARY IS LIMITED TO THE HOURS OF OPERATION NOT EARLIER THAN 8:00 A.M. AND NOT LATER THAN 6:00 P.M. 6. MEDICAL MARIJUANA REMNANTS OR BI-PRODUCTS SHALL BE DISPOSED OF ACCORDING TO AN APPROVED PLAN AND NOT PLACED WITHIN THE FACILITIES EXTERIOR REFUSE CONTAINERS. 7. THERE SHALL BE NO EMISSION OF DUST, FUMES, VAPORS, OR ODORS INTO THE ENVIRONMENT FROM THE PREMISE. 8. A SECURITY PLAN IS REQUIRED, WHICH SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING: A. THE SINGLE DOORWAY FOR THE FACILITY SHALL PROVIDE A SECURITY VISION PANEL PURSUANT TO SECTION 4-406, EMPLOYEE SERVICE ENTRANCES AND EXITS, OR A 180 DEGREE ROTATABLE VIEWER. IF DOORWAY IS TRANSPARENT, THE DOOR SHALL BE DESIGNED WITH A MATERIAL THAT IS EITHER IMPACT RESISTANT OR RESTRICTS ENTRY BY MEANS OF A WROUGHT IRON GATE; B. CLOSED CIRCUIT TELEVISION CAMERAS, OPERATING 24 HOURS A DAY, SHALL BE PROVIDED AT THE BUILDING'S EXTERIOR ENTRANCE AND INSIDE THE BUILDING AT A DESIGNATED SERVICE AREA; Ordinance No.2011.01 ATTACHMENT 4 C. ALL LIGHTING FOR THE SITE SHALL BE BROUGHT INTO CONFORMANCE WITH THE CURRENT LIGHTING STANDARDS IDENTIFIED IN PART 4, CHAPTER 8, LIGHTING. THE BUILDING ENTRANCE OF THE BUSINESS SHALL BE ILLUMINATED FROM DUSK TILL DAWN ACTIVATED BY PHOTOCELL RELAY TO THE LIGHTING CONTROLLER ; D. NO ONE UNDER THE AGE OF TWENTY-ONE (21) SHALL ENTER THE ESTABLISHMENT. E. ANY PERSON, PRIOR TO ENTERING THE ESTABLISHMENT, SHALL REMOVE ALL HATS, SUNGLASSES OR OTHER SIMILAR OBJECTS, TO AVOID OBSTRUCTION OF PHYSICAL IDENTIFICATION. D. USE ACCEPTANCE. A ZONING ADMINISTRATIVE APPLICATION SHALL BE PROCESSED, CERTIFYING THAT ALL CITY OF TEMPE REGULATIONS FOR THE MEDICAL MARIJUANA DISPENSARY OR CULTIVATION FACILITY ARE IN COMPLIANCE WITH THE PROVISIONS SET FORTH IN SECTION 3-426 OF THIS CODE. THE USE SHALL NOT COMMENCE WITHOUT THE ZONING ADMINISTRATOR, OR DESIGNEE, ACCEPTANCE LETTER. THE APPLICATION SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING ITEMS: 1. A PROJECT SUBMITTAL FORM WITH APPLICABLE FEE; 2. THE PROPERTY OWNER'S LETTER OF AUTHORIZATION FOR THE USE; 3. THE NAME AND LOCATION OF THE DISPENSARY'S OFF-SITE MEDICAL MARIJUANA CULTIVATION FACILITY, IF APPLICABLE; 4. A MAP SHOWING THE LOCATION IN COMPLIANCE WITH THE SEPARATION REQUIREMENTS LISTED IN SECTION 3-426(B); 5. A COPY OF OPERATING PROCEDURES ADOPTED IN COMPLIANCE WITH A.R.S. 36-2804(B)(1)(C); 6. A SITE PLAN; 7. A FLOOR PLAN OF THE BUILDING OR TENANT SPACE; 8. IF APPLICABLE, BUILDING PERMITS (SEPARATE SUBMITTAL) IN COMPLIANCE WITH TEMPE'S BUILDING CODE AND FIRE CODE; AND 9. A SECURITY PLAN, IN COMPLIANCE WITH SECTION 3-426(C). SECTION 4. That Section 6-313(B), within the Zoning and Development Code, relating to security plans, is hereby amended to read as follows: B. Applicability and Procedure. Security plans are required for the following uses subject to the standards contained in Chapter 26, Article V, Security Plans, of the Tempe City Code: 1. Bars, cocktail lounges, taverns, discotheques, nightclubs and similar businesses; Ordinance No.2011.01 ATTACHMENT 5 2. Adult-oriented businesses; 3. Recreational or amusement businesses, including both indoor and outdoor activities, including pool halls and video arcades; 4. Entertainment as accessory to restaurant facilities, bars or similar establishments; 5. Hotels and motels; 6. Convenience stores; 7. MEDICAL MARIJUANA DISPENSARY OR CULTIVATION FACILITY; and 8. Any other use determined by the Community Development Director or the Chief of Police, or their designees, to be similar to a use listed immediately above. SECTION 5. That Section 7-114, within the Zoning and Development Code, relating to definitions, is hereby amended to read as follows: MEDICAL MARIJUANA MEANS ALL PARTS OF ANY PLANT OF THE GENUS CANNABIS WHETHER GROWING OR NOT, AND THE SEEDS OF SUCH PLANT TO TREAT OR ALLEVIATE A REGISTERED QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE PATIENT'S DEBILITATING MEDICAL CONDITION. MEDICAL MARIJUANA CULTIVATION FACILITY MEANS AN ENTITY THAT CULTIVATES OR MANUFACTURES MARIJUANA BY THE MEANS OF COOKING, BLENDING, OR INCORPORATING INTO CONSUMABLE/EDIBLE GOODS OR OTHER MEANS FOR A MEDICAL MARIJUANA DISPENSARY MEDICAL MARIJUANA DISPENSARY MEANS A NOT-FOR-PROFIT ENTITY THAT ACQUIRES, POSSESSES, DELIVERS, TRANSFERS, TRANSPORTS, SUPPLIES, SELLS OR DISPENSES MARIJUANA OR RELATED SUPPLIES TO CARDHOLDERS. C Ordinance No.2011.01 ATTACHMENT 6 SECTION 6. That Section 26-70(b), within Tempe City Code Chapter 26, Article V. Security Plans, is hereby amended to read as follows: (b) Uses requiring security plans. A security plan shall be required upon the commencement or assumption of any of the following uses: (1) Bars, cocktail lounges, taverns, discotheques, nightclubs and similar businesses; (2) Adult-oriented businesses; (3) Recreational or amusement business, both indoor and outdoor activities, including pool halls and video arcades; (4) Entertainment as accessory to restaurant facilities, bars or similar establishments; (5) Hotels and motels; (6) Convenience stores;,n (7) MEDICAL MARIJUANA DISPENARY OR CULTIVATION FACILITY; AND (8) Any other use determined by the conununity development director or the chief of police, or their designees,to be similar to a use listed above. SECTION 7. Pursuant to City Charter, Section 2.12, ordinances are effective thirty (30) days after adoption. PASSED AND ADOPTED BY THE CITY COUNCIL, OF THE CITY OF TEMPE, ARIZONA, this 17thday of Jan. _, 2011. ATTEST: M or rgt ?Ljt • City Clerk( APP OVED AS TO FOR)11: City Attorney I Ordinance No.2011.01 ATTACHMENT 7 MESA ZONING ORDINANCE Chapter 31: Standards for Specific Uses and Activities EXHIBIT 8 6. The Dispensary shall be no larger-than 2,500 square feet, of which no morethan 500 square feet shall be used for storage of product. 7. The D ispensay shall be housed in a permanent building. 8. A minimum of 25% of the gross floor aea (GFA) of the Dispensary shall be set aside for use as an interior customer welting area. 9. The Dispensary facility shall not include: a A drive through window; b. Outdoor seating; c. Outdoor vending machines;and d. Temporary, portable, or self-powered mobile facilities. 10. The Dispensary shall not offer direct or home delivery service. 11. The time the Dispensary may be open to the public shall be limited to the hours between 8:00 a-n and 9:00 pm of the same calendar day. 12. The Dispensary shall remain in compliance with di requirements of the Arizona Department of Health Services and A.R.S§36-2804, B. Medical Marijuana Cultivation Facilities ("Cultivation Facilities") aid medical maijuaia infusion facilities (I nfuson Facility), as these terms are definers by this Ordinance, are permitted only in the LI and GI districts, subject to compliance with all of the following: 1. The Location of the Cultivation Facilities and/or the infusion facility shall be a minimum distance of 2,400 feet from the next nearest Medical Marijuana Dispensary, Off-site Cultivation Facilities or infusion facility. This sepa- ion distance does not apply to the distance between the cultivation or infusion facility, and the specific dispensary saved by the Cultivation or Infusion Facility. 2. The Location of the Cultivation and/or Infusion Facility shall be a minimum distance of 1,200 feet from any of the following: a Churches; b. Libraries; c. Schools c. Public pa-ks in the LI or GI districts 3. The location of the Cultivation aid/or Infusion Facility steal be a minimum distance of 500-feet from: a Day Care Centers and Pre-schools. b. Public pa-ks in all zoning districts except LI or GI. c. Privately owned designated open spaes and recreations areas maintdned by Homeowner's Associations as designated on the applicable plan of development approved by the City. 3. The maximum floor area of an Off-site Cultivation Facilities shall be limited to 25,000 square feet. 4. On and Off-site Cultivation Facilities slid) be housed in Pe-maner t Buildings Return to Papp 1 31-41 EXHIBIT 9 . Arizona Medical Marijuana Act (AMMA) Monthly Report 201, —0 ....This report contains data on current active cardholders of medical marijuana starting April 14th 2011 until November 14nd 2013. Table 1. Active Cardholder's Profile I Totals i Percent total .i:-?4:'740$11:4401*:00,401P*Ii.ls: :-Y--. : •-.::I-...'..t .0i3OrtiI:V:::! ;:'.. .TM., .1.-P4..'....,.$.4',':',, 2. Caregivers (CGs) . , ..__ ,._. _..._. _._ . . _.._.... _5331 .- . .. ..., ,, ....._. .1.2..°.k . i4iikifiiiiiii7Pti05416:026,13-it,0': :*:: ::'41:VV.: :' i"'!-, .:-:...:,: ;:'5..-:':!::n407..0.:7.:*': ....,!--, .:. :..:::A::0;i.iN. 4. ...Caregivers (minor patients) _ . _ . . . . .49i .. _. 0.1% ::-t:. :::::.',!.01.ii0.0144:4641-45(04):i:g4:" Igri:::;.': ::',.;C:: ::7;MAN 'R;TO07.tE;RZAVeT;41,3gt:•!.k..t.-c;,': Total 43,897 1 100% Table 2. Application profile of qualifying Totals i Percent total patients t:\::"',.00W;'.:'P'..-P.0:1::f00:ttOif*:gg0:'-ZVPhrV :IVV:-,jW.:VN$:AlgW.t;g44:K',Oi;VVIW:j:MOA%:': 2. Renewal applications . .. ..... 9,950 1 . . . . 23.5% ..;;;d.ti.4.'iiiir4, iiii:iii.itiiiii6i.0''':2-b?;:iV7,;:ke..;;.:Y.%';;I:';.,:-TY:. :::,".:,:rnef .:$4411M:li:";:*:Eftttilit,71( j 4. Added Caregivers [ . i 2701.. 0.6 x...•;.- ;:.,7 ;.--14 rk-•-;. ..j.": :::V::!:..:V.i.I.;%-,,-.:.,!.7..-7...:;-2:,:%;•...L./. .,..:::.,!.::::.:,-.. a::.:.,..z. ,,,- el . , s,3:,...!7„9:*...!4,3,1p.i..,:,:,.i.:... .:: ,.::,-t,;.: .i.,.::„Jr.,.,-,,,,:i..,, : r._:::. .'': --.: ;:t.:i.... .,:,:F.ji:=7;5,:.;:':`,4. :Yzi .::'.':..:J'',Z.Av,.:i':-'2;:qi. --.'.:1.1 ...:4-i47:' 6. Replaced Caregivers 6 1 0 .Z.1.04:iiii.6: di';E0 ,146).,:rik:00VAii7:-:' ''' '01.;W-t.-'. ...i*.T-:,Z;'......',.:1P-0...,:-::F71,:;y...Tr.:I. •;:i: -;:.-fi.zi,:,.. .._.:...,.:0:, Approximately 15 percent (n = 5,993) of the active cardholders were determined to be SNAP eligible, Of the 5,993 that were determined to be eligible, 2,384 (r-40%) were females and 3,609 (''60%) were males. Table 3. Characteristics of Active Cardholders 1 Totals who are Qualified Patients 1 (N = 42,414) Percent total P'.4t.tefiti.46-04i:C'4!-:'::Y':g,gt'I :.....'4 .',:th'.ii::S;i'z:;i'i,:l.''::;ALA*i::','*::).i?...VA';':t'.a.0:;;:; . _ Less than 18_years_ 49 0.1% iii:l:tt:a$'.'*ej..'6::ti:Ngrf:,''f;'TIM;,.).,.Z'tn:Ifi-:3::j:-Zk::5:;i7ZT,..i-,:.i.Wq',:kO1:: ::;:Y.K:'gtl.'n;',I. 31 to 40 ears 8 476 200/0 .,'..::: :A.7.-.: ";74Tiztt0::::56.4:00:0:_irg.::V!';.f.- 'V.5%17-?:--;:.4''.:-.1,4V' :.,', 'r . $7..4.,'*:'. S-9,ft.-1/" ( 51 to 60 years . - 9490 21.7% .....,, :i... . .tt.l.esi,,:.,":',.CS,:..-ii.iiii:'...: T-..."?,:::.:: ,.715,:..,n ,_7:;i$:*:0,.. ..' ' . 'il.:3td..,:.'. . .71 to 80 years ,. .. . ...__ l .._ _ . 948 . 2.2% :F,, ,•07.t1., ,,T-:.;;.:...4::,.. Ecm.-,IfA:Wif3... .!i -:':.:.7.ik: f. A'•: ';':77 :.4;29:41:. ' ..;':! 1 .' Patient Gender _ .. .ftY:RR .1: . 2 k : : 7015!. Female 12,523 29.50/0 • - 1 1 di EXHIBIT 9 95 Florence 98 0.24295 123 Bisbee 108 0.26774 125 Tubac/Patagonia 111 0.27517 119 Benson 117 0.29005 94 San Manuel 129 0.31980 81 Queen Creek 136 0.33715 31 Cordes Junction 143 0.35450 33 Globe/Hayden 144 0.35698 113 Tucson SE 145 0.35946 114 Continental 163 0.40409 86 Yuma E 172 0.42640 117 Arivaca 176 0.43631 20 Heber-Qvergaard/Snowflake 179 0.44375 27 Yavapai Co.S/Bagdad 196 0.48589 88 Yuma S 216 0.53548 84 Graham Co.S 225 0.55779 49 Sun City 242 0.59993 50 Fountain Hills 248 0.61480 122 Sierra Vista 261 0.64703 112 Tucson E 263 0.65199 110 Tucson SW 266 0.65943 67 Central City 271 0.67182 72 Laveen 281 0.69661 L66 Estrella 283 0.70157 39 Wickenburg 294 0.72884 102 Marana 304 0,75363 14 Flagstaff-Rural 308 0.76355 99 Casa Grande 310 0.76851 108 Tucson N Central 314 0.77842 17 Sedona 321 0.79578 107 Tucson W 327 0.81065 111 Tucson Central 327 0.81065 25 Chino Valley/Ash Fork 334 0.82800 103 Tucson NW 365 0.90485 16 Flagstaff E 376 0,93212 62 Avondale 377 0.93460 61 Goodyear 396 0.98170 96 Maricopa 403 0.99906 21 Show Low 404 1.00154 53 Glendale W 405 1.00402 76 Gilbert W 408 1.01145 15 Flagstaff W 422 1.04616 32 Payson 427 1.05856 54 Glendale Central 432 1.07095 64 Mesa N 433 1.07343 46, 38 Maricopa Co. N 437 1.08335 63 Encanto 439 1.08830 EXHIBIT 10 Surprising News About Medical Marijuana Cannabis is legal for medical use in only 19 of the 50 states, but a new poll shows that 76 percent of physicians would recommend or prescribe medical marijuana to patients experiencing cancer pain. For r the poll, published in the May 30, 2013, issue of the New England Journal of Medicine, doctors were asked whether medical marijuana should be prescribed to a 68-year-old woman with symptoms from me as a is yeast cancer. The researchers reported that 1,446 physicians from 56 North American states and provinces and 72 countries returned an opinion (although more than 1,000 of the responses came from the U.S. and Canada). The investigators noted that each U.S. state and Canadian province with at least 10 participants casting votes demonstrated more than 50 percent support for medicinal marijuana (except Utah, where only one percent of 76 voters supported cannabis use in a cancer patient). At the opposite end of the spectrum was Pennsylvania with 96 percent of 107 physicians supporting the use of medical marijuana in the case described. In comments, doctors who favored prescribing medicinal marijuana often focused on their responsibility to relieve pain, and some described personal experiences with patients who benefited from the use of marijuana, Opponents based their objections on lack of evidence, inconsistency of dosage, and concern about side effects. My take? I'm a strong supporter of legislative action that would allow the medical profession to prescribe (or recommend) cannabis for patients who could benefit from its use. Evidence suggests that in some patients it can relieve pain, nausea, vomiting, and symptoms associated with multiple sclerosis, cancer, and AIDS as well as mitigate side effects of drugs used to treat these diseases. I'm convinced by my own clinical experience that marijuana is much fess toxic than most pharmaceutical drugs in current use for these purposes. However, smoking may not be the ideal way to confer marijuana's medicinal benefits. We need research to help establish its safety and efficacy for treating a variety of medical problems and to find the best mode of administration. The Latest Health Tweets Are you social? Connections to others are vital to our health, and social media may help you stay in touch while keeping up with your busy schedule. Follow Dr. Weil on Twitter for small, tasty bites of daily health- related information. • il14.1 TOWN OF FOUNTAIN HILLS l Now Planning and Zoning aMUUMSSW f 1 11.. Board of Adjustment 9/,rhat is ote+ AGENDA ACTION FORM Meeting Date: February 27, 2014 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: Discussion with possible direction to staff regarding initiating amendments to the Hillside Disturbance regulations in the zoning and subdivision ordinances. Applicant: Development Services Department Applicant Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers(a�fh.az.gov Property Location: Town-Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance — Section 5.11 Land Disturbance Standards Fountain Hills Subdivision Ordinance — Section 5.01 Land Disturbance Standards Purpose & Intent Fountain Hills Subdivision Ordinance — Section 5.04 Hillside Disturbance Staff Summary (background): Fountain Hills Town Council member Brown recently met with Planning Commission Chairman Pew, Planning Commission Vice Chairman Archambault, and Senior Planner Rodgers to discuss the possibility of initiating amendments to the ordinances related to the hillside disturbance envelopes and the way they are calculated. The intent of the meeting was to ask that the commission look into revising the standards in order to allow a greater degree of flexibility during hillside lot design and development. The purpose of this discussion is to assess the Commission's interest in the subject. If there is sufficient interest, staff is asking for direction regarding forming a subcommittee and/or beginning the amendment initiation process. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Recommendation(s): NA (Staff Recommendation(s): NA Page 1 of 2 Hillside Disturbance Discussion 'JGGESTED MOTION: None Attachment(s): NA Submitted by: Robert Wodgers 2/19/2014 Name/Title Date Approved by: ....../ Z07/ D veloprr(ent ervices Director Date III Page 2 of 2 * C kLL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairtnan Lloyd Pew * MOMENT OF REFLECTION—Chairman ! lod Pe‘‘ rZkak-4 * ROLL CALL Chairman [.!od Pe'\ CALL TO THE PLBLIC , Nirsuant to A.R.& 08431-010,public comment is permitted(not required)on matters not listed on the agenda. Any such comment(i) must he within the jurisdiction of the (ommission and (ii) i 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 re x let% 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 February 13,2014. (2)PUBLIC HEARING of ORDINANCE#2014-02,an application by 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.—9:00 p.m., Monday .-Sunday. Case Number Z2014-01 (3)CONSIDERATION of ORDINANCE#2014-02,an application by 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.—9:00 p.m., Monday—Sunday. Case Number Z2014-01 (4)DISCUSSION with possible direction to staff regarding initiating amendments to the Hillside Disturbance regulations in the zoning and subdivision ordinances. (5)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. (6)SUMMARY OF COMMISSION REQUESTS from Senior Planner. (7)REPORT from Senior Planner and Zoning Administrator, Planning and Zoning Division of Development Services. (8)ADJOURNMENT Planning and Zoning Commission Agenda Page 2 of 3