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HomeMy WebLinkAboutPZ.2014.0227.Minutes i b I c TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION FEBRUARY 27, 2014 Chairman Lloyd Pew opened the meeting at 6:30 p.m. The following Commissioners were present: Chairman Lloyd Pew, Vice-Chairman Michael Archambault, Commissioners Gene Slechta and Steven Harris. Also in attendance were Paul Mood, Director of Development Services, Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Commissioner Angela Strohan was unable to attend and notified staff in advance. Commissioner Richard Turner resigned as of February 20, 2014, due to moving out of state. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. Chairman Lloyd Pew announced that Commissioner Richard A.G. Turner had resigned his seat as a Commissioner and stated that his resignation was effective immediately as of February 20, 2014. ROLL CALL: Commissioner Stan Connick present • Commissioner Gene Slechta present Commissioner Steven Harris present Vice-Chairman Mike Archambault present Chairman Lloyd Pew present Commissioner Angela Strohan absent CALL TO THE PUBLIC No one wished to speak. AGENDA ITEM #1 - CONSIDERATION of APPROVING the meeting minutes from the regular session of the Planning and Zoning Commission dated Thursday,February 13,2014. Vice-Chairman Mike Archambault MOVED to APPROVE the meeting minutes dated Thursday, February 13, 2014, as written. Commissioner Stan Connick SECONDED. A roll call was taken and the MOTION CARRIED 5 -0. Chairman Lloyd Pew aye Vice-Chairman Mike Archambault aye Commissioner Steven Harris aye Commissioner Gene Slechta aye Commissioner Stan Connick aye • Page 1 of 6 , AGENDA ITEM #2 — PUBLIC HEARING of ORDINANCE #2014-02, an application by IDNature'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. until 9:00 p.m., Monday through Sunday. Robert Rodgers gave a presentation and stated that Mark Steinmetz was the owner of"Natures AZ Medicines", the medical marijuana dispensary located at 16913 East Enterprise Drive. Mr. Rodgers added that the marijuana dispensary has been open and in operation for approximately six (6) months. He continued that the current hours of operation, 9:00 a.m. until 5:00 p.m., Monday through Friday, were permitted by the zoning ordinance. Mr. Rodgers added that the applicant was requesting that Section 24.03.B, of the Zoning Ordinance be amended to allow the marijuana dispensary to have operating hours between 8:00 a.m. until 9:00 p.m., daily. Mr. Rodgers pointed out that the dispensary was currently in conformance with the Zoning Ordinance and was also in compliance with the additional stipulations of their previous site approval, which included lighting, security cameras, guards, and signage. Mr. Rodgers stated that there have been no incidents reported by Maricopa County Sherriff's Office. Mr. Rodgers referenced the primary reasons cited by the applicant for his request for extended hours as follows: 1. The limited hours inhibit the dispensary's ability to complete with dispensaries in other • cities and towns that allow longer hours. 2. The limited hours were inconvenient for customers who work during the day. 3. The applicant pointed out that the limited hours were discriminatory in that they only related to his business. 4. Dispensaries' help reduce illegal drug use in the community. Mr. Rodgers stressed that it was staff's position that the rules established in other communities were not relevant, as they don't reflect the attitudes or standards that Fountain Hills has adopted or followed and that this application was not a referendum on drug use in America. Mr. Rodgers noted that the ordinance, as written, was well within the guidelines established under Arizona State Law and there were no requirements that the ordinance be changed. Mr. Rodgers pointed out that this request requires a simple public policy decision about extending the operating hours of a marijuana dispensary in Fountain Hills. Mr. Rodgers stressed that the Town Council would have to ultimately decide on this. Mr. Rodgers acknowledged that the Commission was only being asked to provide a recommendation to the Town Council as to whether or not the Zoning Ordinance should be amended, as requested, and allow the operating hours to change. 0 Page 2 of 6 Mr. Mark Steinmetz, applicant was given the opportunity to speak and requested permission to allow Attorney Mel McDonald that has served as a former U.S. Judge appointed to the Superior Court under President Ronald Regan's administration. Mr. McDonald stated he was also an elected Councilmember to the Gilbert Town Council and had his own private practice as an Attorney; he also related his personal experience with marijuana and the benefits of the drug. Attorney McDonald spoke in favor of the extended hours. Mr. Mark Steinmetz presented a chart noting the dispensary operating hours within the Phoenix, Metro area. Chairman Lloyd Pew opened the Public Hearing at 6:45 p.m. The following "Request to Speak" cards were received to speak on this issue 1. Arnold Belzil (F.H.) Spoke in favor of the extended hours 2. Dwight Johnson (F.H.) Spoke against extended hours 3. Carol Groux (F.H.) Executive Director Fountain Hills Youth Substance Abuse Prevention Coalition Spoke against extended hours 4. James Sims (F.H.) Spoke against extended hours • 5. Maria Perrault (F.H.) Spoke against extended hours 6. Jerry K. Troylor (F.H.) Fountain Hills Youth Substance Abuse Prevention Coalition. Spoke against extended hours 7. Robert Ditta (F.H. & Holland MI) Spoke against extended hours 8. Doug Hebert (F.H.) Spoke against extended hours 9. Shelly Mowrey (Scottsdale) Spoke against extended hours 10. Mike Milam (F.H.) Spoke against extended hours 11. Laura Mehlman (F.H.) Spoke in favor of the extended hours 12. Dr. Chuck Kachel, M.D. (F.H.) Spoke against extended hours Chairman Lloyd Pew Closed the Public Hearing at 7:15 p.m. AGENDA ITEM#3— Chairman Pew asked for questions or comments from the Commission. S Page 3 of 6 • Vice-Chairman Mike Archambault asked about the security procedures the business had in place. Mr. Mark Steinmetz explained in detail the many security steps a patient had to go through to enter into the area to receive their prescription. Vice-Chairman Archambault also asked Mr. Steinmetz about home delivery of medications and if that was an option. Mr. Steinmetz pointed out that under our current Zoning Ordinance, home delivery was not allowed. Commissioner Gene Slechta inquired if most of the patients were local residents. Mr. Steinmetz answered that most of the patients did live in Fountain Hills. Commissioner Slechta asked about the patient who needed medication after hours; could the patient go to another facility outside of Fountain Hills. Mr. Steinmetz answered that since Scottsdale opened a facility, Scottsdale had taken a lot of business away from Fountain Hills, which also included less taxes the Town received. Commissioner Slechta stressed that the purpose of the Zoning Ordinance, which stated "promote the public health, peace, safety, comfort, convenience and general welfare of the citizens" was consistent with the goals of the ordinance and this request. Commissioner Slechta asked Mr. Steinmetz if he would be open to hours other than those requested. Mr. Steinmetz answered that "yes" he would, since he no plans on opening Sundays, at this time. Mr. Steinmetz pointed out that the hours requested were Mesa's hours. Mr. Steinmetz added that he would like the flexibility of 8:00 a.m. until 9:00 p.m., but would probably close by 7:00 p.m. as does Mesa's centers. Mr. Steinmetz stressed that some of his . patients only needed a couple more hours to reach the facility after work. Commissioner Steven Harris stated he saw medical marijuana not as an emergency medication and added that patients needed to manage their medications and have some stocked piled. Vice-Chairman Mike Archambault remarked that he supported the extended hours because he felt that the longer hours would not contribute any harm in the community. Vice-Chairman Archambault also stated that the problem with some of our youth was the breakdown of families. Chairman Lloyd Pew commented that the center was a legal and legitimate business and the hours as stated in the current ordinance seemed to be somewhat restrictive. Chairman Lloyd Pew gave his support in expanding the hours. Vice-Chairman Mike Archambault made a MOTION to FORWARD A RECOMMENDATION to the Town Council to APPROVE the zoning ordinance text amendment to Section 24.03.B and allow extended hours of operation, but not to the extent of the applicant's request. The Motion also included a suggestion of hours 8:00 a.m. until 7:00 p.m., Monday through Saturday. Commissioner Gene Slechta SECONDED and the MOTION CARRIED 5-0, by those present. Cur Page 4 of 6 AGENDA ITEM #4 — DISCUSSION with possible direction to staff regarding initiating amendments to the Hillside Disturbance regulations in the Zoning and Subdivision Ordinances. Chairman Lloyd Pew requested that staff assist in the creation and facilitate a subcommittee to review and report back to the Commission on this item. Mr. Rodgers pointed out that not only was the Subdivision Ordinance Chapter 5 involved, but several places of the Town's Zoning Ordinance would also be affected. Chairman Pew asked for volunteers from the Commission. Vice-Chairman Mike Archambault and Commissioner Steven Harris requested to be placed on the committee. Chairman Pew also suggested that at least two (2) contractors from the community should be invited to review this policy. AGENDA ITEM#5—COMMISSION DISCUSSION/REQUEST FOR RESEARCH None AGENDA ITEM#5- SUMMARY OF COMMISSION REQUEST from Senior Planner. Assist the Commission in forming a subcommittee to research "Hillside Protection Easement" guidelines located within the Town's Subdivision Ordinance and reference in several areas of the • Town's Zoning Ordinance. AGENDA ITEM#6 -ADJOURNMENT. Vice-Chairman Michael Archambault MOVED to adjourn and Commissioner Steven Harris SECONDED and the MOTION CARRIED 5-0. The meeting ADJOURNED at 8:00 p.m. FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: - ..5�. Ch rman Lloyd Pew ATTEST: o .`, Janice Baxter, Recorder • Page 5 of 6 8 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 27th day of February 2014, in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Dated this 27th day of February 2014 Janice Baxter, Recorder S IP Page 6 of 6