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Home My WebLink AboutPZ.2010.1209.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF EXECUTIVE AND REGULAR SESSIONS OF THE PLANNING & ZONING COMMISSION DECEMBER 9, 2010 • CALL TO ORDER—Chairman Lloyd Pew called the meeting to order at 5:35 p.m. AGENDA ITEM#1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO 38-431.03.A.3, FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY OFFICER. (SPECIALLY, RELATING TO PROPOSITION 203). Vice-Chairman Cecil Yates MOVED to convene the Executive Session and Commissioner Richard Holper SECONDED the motion, which CARRIED UNANIMOUSLY by a majority vote of those present(6-0). Chairman Lloyd Pew adjourned the Executive Session at 6:12 p.m. ITEM#2-RETURN TO REGULAR SESSION @ 6:30 p.m. Chairman Lloyd Pew opened the regular session of the Planning and Zoning Commission. The following Commissioners were present: Vice-Chairman Cecil Yates, Commissioners Jeff Mangels, Stan Connick, • Richard Holper,Angela Strohan,and Richard Turner. Also in attendance were Paul Mood,Development Services Director, Robert Rodgers, Senior Planner, Gene Slechta, Planner, and Janice Baxter, Executive Assistant and Recorder. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. ROLL CALL: Chairman Lloyd Pew present Commissioner Jeff Mangels present Vice-Chairman Cecil Yates present Commissioner Richard Holper present Commissioner Angela Strohan present Commissioner Richard Turner present Commissioner Stan Connick present CALL TO THE PUBLIC No one wished to speak. Page 1 of 5 REGULAR AGENDA AGENDA ITEM #1 — CONSIDERATION of APPROVING the minutes from the meeting of the Planning and Zoning Commission held on October 28,2010. Vice-Chairman Cecil Yates MOVED to approve the meeting minutes from the October 28,2010,regular meeting, as presented. Commissioner Richard Turner SECONDED. A roll call was taken and the MOTION CARRIED 6-0,Commissioner Jeff Mangels abstained. Chairman Lloyd Pew aye Vice-Chairman Cecil Yates aye Commissioner Richard Holper aye Commissioner Angela Strohan aye Commissioner Richard Turner aye Commissioner Stan Connick aye Commissioner Jeff Mangels abstain AGENDA ITEM #2 - PUBLIC HEARING regarding Ordinance 10-09, a text amendment to the Fountain Hills Zoning Ordinance, chapter 6, Sign Regulations, Section 6.08.B.13 and 6.08.D.3. The amendments extend the expiration date to December 31, 2011, for A-frame signs and banners for special • sales events. Case Number Z2010-02 Gene Slechta,Planner gave the presentation and included a power point presentation. Staff addressed the Town Council in a work study on November 9, 2010, asking for direction on the upcoming expiration date for A-frame signs. Town Council directed staff to initiate amendments to the sign regulations and staff has completed the draft ordinance revisions. • Extend the expiration date for A-frame signs to December 31,2011. • Extend the expiration date for banners, balloons, and pennants used for events such as special sales events for sixty(60)consecutive hours,or less,per month to December 31,2011. Staff recommended that the Planning and Zoning Commission vote to forward a recommendation to the Town Council that they approve the text amendments,as proposed. Vice-Chairman Cecil Yates asked Mr. Slechta if any input over the last year had been received by staff regarding the changes made to the A-frame ordinance. Mr. Slechta answered that data gathered showed a compliance issue but the Town Council had expressed during their work study,that additional education for businesses was needed. Council would also like to encourage self-policing by businesses and they also supported an extension of the current ordinance for one more year. Commissioner Richard Turner inquired about the current compliance by businesses since the issue had received newspaper publicity and the Town Council held a work study. Mr. Slechta answered that there had been a few businesses applying for 2011,A-frame sign permits. • No other questions or discussion was requested. Page 2 of 5 C Public Hearing Opened at 6:35 p.m. No one requested to speak. Public Hearing closed at 6:35 p.m. AGENDA ITEM#3 -CONSIDERATION of Ordinance 10-09, a text amendment to the Fountain Hills Zoning Ordinance,chapter 6, Sign Regulations,Section 6.08.B.13 and 6.08.D.3. The amendments extend the expiration date to December 31, 2011, for A-frame signs and banners for special sales events. Case Number Z2010-02 Chairman Lloyd Pew asked the Commission if they had any questions,comments or discussions. Vice-Chairman Cecil Yates spoke in support of extending the ordinance as written for an additional year. Vice-Chairman Cecil Yates MOVED to forward a recommendation to the Town Council that they approve the text amendments to Chapter 6,of the Town of Fountain Hills Zoning Ordinance,as proposed. Commissioner Richard Holper SECONDED. A voice roll was taken and the MOTION CARRIED 7-0. AGENDA ITEM#4- PUBLIC HEARING to receive comments on Ordinance#11-04, a proposed text amendment to the Fountain Hills Zoning Ordinance, adopting a new Chapter 24 — Medical Marijuana Uses, which will provide minimum requirements for developing medical marijuana dispensaries or medical marijuana dispensary offsite cultivation locations. Case#Z2010-08 Robert Rodgers,Senior Planner gave the presentation proposing a new section of the Zoning Ordinance "Chapter 24—Medical Marijuana",which would provide the following: 1. Marijuana dispensaries or medical offsite cultivation locations will be permitted only within the C-3 zoning district. 2. Medical marijuana locations must meet the minimum separation requirements,measured in a straight line to the closest property line of any parcel containing the uses listed below: a) 2.000 feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location. b) 2,000 feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility. c) 2,000 feet from a public,private,parochial,charter,dramatic,dancing or music school,a learning center,or other similar school or educational facility that caters to children. d) 2,000 feet from a childcare center. e) 1,000 feet from a public library or public park. f) 500 2,080 feet from a church. Mr.Rodgers explained to the Commission that(f)had a typo and should have been noted as 500 feet instead of 2,000 feet. Mr.Rodgers stated that staff recommended that the Planning and Zoning Commission vote to forward a recommendation to approve the proposed new Chapter 24—Medical Marijuana zoning ordinance text amendment,as presented. ® Page 3 of 5 Chairman Lloyd Pew asked the Commission for questions or discussion about the medical marijuana ordinance amendment. Commissioner Jeff Mangels asked if this ordinance was consistent with all state laws and requirements. Mr.Rodgers answered that the ordinance was consistent with state laws and was modeled after the League of Cities and Towns model ordinance. Public Hearing Opened at 6:40 p.m. Peter Bordow, Silverado Drive,spoke in support of the Town's action on this issue—see exhibit"A". No other requests were received. Public Hearing Closed at 6:42 p.m. AGENDA ITEM #5 — CONSIDERATION of Ordinance #11-04, a proposed text amendment to the Fountain Hills Zoning Ordinance, adopting a new Chapter 24 — Medical Marijuana Uses, which will provide minimum requirements for developing medical marijuana dispensaries or medical marijuana dispensary offsite cultivation locations. Case#Z2010-08 Chairman Lloyd Pew asked the Commission for any questions or discussion related to the proposed Chapter 24,Medical Marijuana. No one came forward. Vice-Chairman Cecil Yates MOVED to forward a recommendation to the Town Council that they approve the new "Chapter 24 — Medical Marijuana" of the Zoning Ordinance, as presented.• Commissioner Angela Strohan SECONDED. A voice roll was taken and the MOTION CARRIED 7- 0. AGENDA ITEM #6 — COMMISSION DISCUSSION/REQUEST FOR RESEARCH to the Planning and Zoning Administrator, Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or(ii)determining if a majority of Commissioners wish to request staff to conduct further research and report back to the Commission. NONE AGENDA ITEM#7-SUMMARY OF COMMISSION REQUESTS NONE AGENDA ITEM#8-REPORT from Robert Rodgers, Senior Planner. Mr. Rodgers reminded the Commission that the Thursday,December 23,2010,Commission meeting had been cancelled due to the holiday. The next scheduled Commission meeting would be held on Thursday, January 13,2011. Mr. Rodgers informed the Commission that the petitions for referral have been filed on the single trash hauler issue. After the signatures are verified,the Town will schedule the appropriate election date. Mr.Rodgers also stated that the Board of Adjustment's request for applicants had been extended until December 16,2010. Page 4 of 5 AGENDA ITEM#9-ADJOURNMENT. Commissioner Richard Holper MOVED to adjourn and Commissioner Cecil Yates SECONDED and the MOTION CARRIED(7-0),by those present. Chairman Lloyd Pew aye Vice-Chairman Cecil Yates aye Commissioner Richard Holper aye Commissioner Angela Strohan aye Commissioner Richard Turner aye Commissioner Jeff Mangels aye Commissioner Stan Connick aye The regular meeting ADJOURNED at 6:45 P.M. FOUNTAIN HILLS PLANNING&ZONING COMMISSION BY: � ATTEST: t , Chairm Lloyd Pew J Baxter,Recorder 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 9th day of December 2010, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. Dated this 9th day of December 2010. gpL4 ' Janice Baxter, Recorder Page 5 of 5 L `o�''"`ht"'''%Y REQUEST TO SPEAK CARD0 di phi Please submit this card prior to the discussion of the item listed below. :v.4 �. -;�, ,�►° \ Meeting Date / 2- lb Name/Phone No. -- ` ECrAC w Address S I \Vs-\c 0 D ►2 City/Town --- /4 Title/Organization I am representing(#of people) LiYES, I wish to speak or 0 NO, I do not wish to speak,but have indicated my position: 0 FOR 0 AGAINST ❑ CALL TO THE PUBLIC n ,/. l< PUBLIC HEARING ITEM NO. ❑ AGENDA ITEM NO. PLEASE PRINT Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. Please fill out the comment card completely and turn it into the Clerk prior to the Council discussion of that Agenda item or prior to the beginning of the meeting. (Please see reverse for procedural information on addressing the Council) C:\Documents and Settings\BBender\Local Settings\Temporary Internet Files\Content.Outlook\KAVU0642\Request to Speak Cards rev 6-19-07.doc2/4/2008 L Exhibit "A " TOWN OF FOUNTAIN HILLS=1111111 X Planning and Zoning Board of Adjustment ghat;s NO* AGENDA ACTION FORM Meeting Date: December 9, 2010 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning &Zoning Staff Contact Information: N/A REQUEST TO commissKm Consideration of approving the Planning and Zoning Commission Regular meeting minutes from OCTOBER 28, 2010. 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 and Town Council Joint Session and Regular meeting minutes from October 28, 2010. 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 and Town Council Joint Session and Regular meeting minutes dated October 28, 2010, as presented. Attachment(s): Submitted by: / ee armee, December 2, 2010 Name/Title Date 'pproved • 're or Date Page 1 of 1 TOWN OF FOUNTAIN HILLS 7 X Planning and Zoning ghat is Art�� AGENDA ACTION FORM Meeting Date: December 9,2010 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning &Zoning Staff Contact Information: Gene Slechta, Planner, (480)816-5141, eslechta@fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: PUBLIC HEARING regarding ORDINANCE 10-09, a text amendment to the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08.B.13 and 6.08.D.3. The amendments extend the expiration date to December 31, 2011, for A-frame signs and banners for special sales events. Case#Z2010-06 CONSIDERATION of ORDINANCE 10-09, a text amendment to the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08.B.13 and 6.08.D.3. The amendments extend the expiration date to December 31, 2011,for A-frame signs and banners for special sales events. Case#Z2010-06 Applicant: Town of Fountain Hills Applicant Contact Information: Planning &Zoning Department—Gene Slechta, Planner Property Location: Town-Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 6, Section 6.08 Staff Summary (background): Two Sections of the Town of Fountain Hills Zoning Ordinance, regarding signage, include expiration dates of December 31, 2010: Section 6.08.B.13 of the Town of Fountain Hills Zoning Ordinance states "No A-frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2010." Section 6.08.D.3 of the Town of Fountain Hills Zoning Ordinance states "Banners, balloons and pennants are permitted for events such as special sales events with advance notification to the Town for not more than sixty (60) consecutive hours per month. The provisions of this subsection 6.08(D) (3) shall expire on December 31, 2010." Page I 1 •aff addressed the Town Council in a work study on November 9, 2010 seeking direction on the upcoming expiration of these sign types. Staff presented potential options to the Town Council regarding the expiration dates of these sign types and a summary of compliance by businesses in the town. Town Council directed staff to initiate amendments to the sign regulations and staff has completed the draft ordinance revisions. Attached is the draft Ordinance, 10-09,that addresses these requests by the Town Council: • Extend the expiration date for A-frame signs to December 31, 2011 • Extend the expiration date for banners, balloons and pennants used for events such as special sales events for sixty(60) consecutive hours, or less,per month to December 31, 2011 Staff Recommendation(s): Staff recommends that the Planning and Zoning Commission vote to forward a recommendation to the Town Council that they approve the text amendments as proposed. SUGGESTED MOTION: Move to forward a recommendation to the Town Council that they approve the text amendments to Chapter 6 of the Town of Fountain Hills Zoning Ordinance as proposed. ttachment(s): 1. Draft Ordinance Submitted by: (AA ey I -/L e• fri Narhe/T e Date Approovvjd —11Z1/ Director Date ID Page I2 • ORDINANCE NO. 10-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS, RELATING TO A-FRAME SIGNS AND BANNERS. WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22, which established 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 6 thereof, Sign Regulations, to (i) extend the time period during which A-frame signs are allowed until December 31, 2011, and (ii) extend the time period during which banners, balloons and pennants are permitted for certain events until December 31, 2011; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9-462.04, as amended, public hearings regarding this ordinance were advertised in the November 24, 2010 edition of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on December 9, 2010, and by the Town Council on December 16, 2010. • NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 6, Sign Regulations, Subsection 6.08(B), is hereby amended by modifying subsection 13 thereof as follows: 13. No A-frame sign is permitted anywhere within the Town of Fountain Hills after December 31,200 2011. SECTION 3. The Zoning Ordinance, Chapter 6, Sign Regulations, Subsection 6.08(D)(3), is hereby amended as follows: 3. Banners,balloons and pennants are permitted for events such as special sales events with advance notification to the Town for not more than sixty (60) consecutive hours per month. The provisions of this subsection 6.08(D)(3) shall expire on • December 31,204-0 2011. 1367870.2 C PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 16, 2010. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney C 1367870.2 2 '4 %-i,,,,,j ,.- MIMI •IMO 7 ' y .,"?- �7 T �.= , ::. °,.:: Ct W t ar ; eill • . ,..- � ,. : Ami, , , \\., ' ''..,. ci4 . , Lii.11‘. . T--..+7,..pity; ...-4-it..2.1,.:::,..:,-,..1.,c, .7).- , 1, . . _ .v � t s ` r I ING IRgg . y .t' 'V ill I 4.°°7; . . 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O �� a) 7.., ►Li O ,; EO 'fait Nnier ..,_ ,,,,,,, '44 Wit 1,1141 .*::14 I) r- ., E .,,'",- -. . . 4.0 E > = t ..-.'. 4.4 E . - -, CI U al ct `al .,. Ct Ownn , F ��,,, ,� TOWN OF FOUNTAIN HILLS f, iso X Planning and Zoning Board of Adjustment fkar is my'�� AGENDA ACTION FORM Meeting Date: December 9, 2010 Meeting Type: Regular Agenda Type: Regular Submitting Division: Planning & Zoning Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers@fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: PUBLIC HEARING to receive comments on ORDINANCE #11-04, a proposed text amendment to the Fountain Hills Zoning Ordinance, adopting a new Chapter 24 - Medical Marijuana Uses, which will provide minimum requirements for developing medical marijuana dispensaries or medical marijuana dispensary offsite cultivation locations. Case #Z2010-08 CONSIDERATION of ORDINANCE #11-04, a proposed text amendment to the Fountain Hills Zoning Ordinance, adopting a new Chapter 24 - Medical Marijuana Uses, which will provide minimum requirements for developing medical marijuana dispensaries or medical marijuana dispensary offsite cultivation locations. Case #Z2010-08 Applicant: The Town of Fountain Hills Applicant Contact Information: Planning & Zoning Division - Robert Rodgers, Senior Planner Property Location: N/A Related Ordinance, Policy or Guiding Principle: Federal Controlled Substances Act Proposition 203, the Arizona Medical Marijuana Act Staff Summary (background): Proposition 203, the Arizona Medical Marijuana Act, appeared on the November 2, 2010, statewide ballot and, as approved by the voters, provides for medical marijuana use, sale and cultivation, including the establishment of medical marijuana dispensaries in the State. Evaluation of several California cities' experiences with medical marijuana dispensaries and the opinion of the California Police Chiefs' Association have indicated negative secondary neighborhood affects associated with the operation of medical marijuana dispensaries including: 1. Illegal drug sales at a price less than dispensary prices, to dispensary patrons. 2. Marijuana use in and around dispensaries. 3. Non-residents being attracted to the community to secure marijuana. 4. DUI arrests related to marijuana purchased at dispensaries. 5. Burglaries of dispensaries. 6. Drug dealers posing as medical marijuana users to purchase and resell marijuana illegally. 7. Robbery of medical marijuana patrons. Page 1 of 3 8. Thefts in and around dispensaries to support legal and illegal drug commerce. 9. Negative affects on surrounding businesses resulting from a concentration of criminals associated with the dispensary. 10. Illegal sale of drugs other than marijuana in dispensaries. Dispensaries, by virtue of their operation may be the repositories of large amounts of cash and marijuana and consequently some operators have been attacked at their dispensaries and at home. Such locations are also regularly burglarized. Other negative affects that have been identified are sales of drugs to minors, loitering, heavy vehicular traffic, increased noise and robbery of dispensary customers. Proposition 203 permits the Town to enact zoning regulations in order to conserve and promote the public health, safety and general welfare and to regulate this use in order to protect the public's health by establishing appropriate regulation of medical marijuana dispensaries and cultivation facilities. The proposed "Chapter 24 — Medical Marijuana" ordinance amendment will provide for the following: 1. Marijuana dispensaries or medical offsite cultivation locations will be permitted only within the C-3 zoning district. 2. Medical marijuana locations must meet the minimum separation requirements, measured in a straight line to the closest property line of any parcel containing the uses listed below: a. 2,000 feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location. b. 2,000 feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility. c. 2,000 feet from a public, private, parochial, charter, dramatic, dancing or music school, a learning center, or other similar school or educational facility that caters to children. d. 2,000 feet from a childcare center. e. 1,000 feet from a public library or public park. f. 2,000 feet from a church. Co 3. The ordinance prohibits cultivation locations that are not specifically associated with a dispensary. 4. The ordinance places specific maximum size limitations on dispensaries as well as cultivation areas. 5. The ordinance outlines the specific requirements any marijuana dispensary or cultivation area must adhere to in order to be granted an initial permit to operate as well as to continue operation. 6. Dispensaries shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m. 7. Security guards must be provided at all times. 8 Proper lighting must be maintained. 9. Patients who are minors must be accompanied by a parent or legal guardian. 10. There can be no on-site doctor to issue recommendations for medical marijuana. 11. There can be no on-site sales of alcohol or tobacco, and no on-site consumption of food, alcohol, tobacco or marijuana. 12. The amendment outlines the penalties for violations of the ordinance. Risk Analysis (options or alternatives with implications): Approval of the proposed ordinance amendment will allow the Town to regulate the location, design, size and hours of operation of any Medical Marijuana facility that is proposed within the Town. Denial of the proposed ordinance amendment will allow such uses to locate and operate under any applicable State or County guidelines that may be adopted. Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): N/A LAaff Recommendation(s): Staff recommends that the Planning & Zoning Commission vote to forward a recommendation to APPROVE the proposed new Chapter 24— Medical Marijuana zoning ordinance text amendment. I Page 2 of 3 SUGGESTED MOTION: Move to forward a recommendation to approve the proposed new "Chapter 24 — Medical Marijuana" zoning ordinance text amendment as presented. Attachment(s): Draft ORD #11-04 Chapter 24 - Medical Marijuana Ordinance Submitted by: Approved b 4� /2 / v Bob Rodgers,! ' for Planner 12/1/2010 � Name/Title Date evelop ent Services Director Date 1111 Page 3 of 3 Chapter 24, Medical Marijuana Uses 24.01 Definitions 24.02 Location Restrictions 24.03 Requirements Section 24.1 Definitions "Medical marijuana dispensary" means a nonprofit medical marijuana dispensary duly registered and certified pursuant to ARIz.REV. STAT. § 36-2804. Medical marijuana dispensary offsite cultivation location" means the one additional location, if any, duly identified pursuant to ARIz. REV. STAT. § 36-2806(E) during the process of registering a nonprofit medical marijuana dispensary, where marijuana will be cultivated for sale at a nonprofit medical marijuana dispensary duly registered and certified pursuant to ARIz.REV. STAT. § 36-2804. Section 24.2 Location Restrictions 1. A medical marijuana dispensary or medical marijuana dispensary offsite cultivation location are prohibited from being established, operated or licensed in any Town of Fountain Hills zoning district other than C-3. 2. Medical marijuana dispensaries and medical marijuana dispensary offsite cultivation locations shall meet the following minimum separation requirements, measured in a straight line from the closest boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the closest property boundary of the parcel containing any existing uses listed below: a. 2,000 feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location. b. 2,000 feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility. c. 2,000 feet from a public, private, parochial, charter, dramatic, dancing or music school, a learning center, or other similar school or educational facility that caters to children. d. 2,000 feet from a childcare center. e. 1,000 feet from a public library or public park. f. 2,000 feet from a church. • 1369170.2 • 3. A medical marijuana dispensary offsite cultivation location not associated with an Arizona medical marijuana dispensary is prohibited, and only one medical marijuana dispensary offsite cultivation location shall be permitted for the single Arizona medical marijuana dispensary with which it is associated. 4. The following size limitations shall apply to any medical marijuana dispensary: a. The total maximum floor area of a medical marijuana dispensary shall not exceed 2,500 square feet. b. The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed 500 square feet of the total 2,500 square foot maximum floor area of a medical marijuana dispensary. 5. The following size limitations shall apply to any medical marijuana dispensary offsite cultivation location: a. The total maximum floor area of a medical marijuana dispensary offsite cultivation location shall not exceed 3,000 square feet. b. The secure storage area for the medical marijuana stored at the medical marijuana dispensary offsite cultivation location shall not exceed 1,000 square feet of the 3,000 square feet total maximum floor area of a medical • marijuana dispensary offsite cultivation location. 6. The following size limitations shall apply to any medical marijuana designated caregiver cultivation location: a. All conditions and restrictions for medical marijuana dispensary offsite cultivation locations apply except that the designated caregiver cultivation location cultivation area is limited to a total 250 square feet maximum, including any storage areas. b. More than one designated caregiver may co-locate cultivation locations as long as the total cultivation areas does not exceed 250 square feet maximum, including storage areas. Section 24.3 Requirements The following minimum requirements shall apply to all "medical marijuana dispensary" and "medical marijuana offsite cultivation location" uses located in any zoning district where such uses are permitted: 1. In addition to any other application requirements, an applicant for any "medical marijuana dispensary" or "medical marijuana dispensary offsite cultivation location" shall provide the following: 1369170.2 2 ® a. A notarized authorization, executed by the property owner, acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary or a medical marijuana dispensary offsite cultivation location. b. The legal name of the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location. c. If the application is for a medical marijuana dispensary offsite cultivation location, the name and location of the medical marijuana dispensary with which it is associated. d. The name, address and birth date of each officer and board member of the nonprofit medical marijuana dispensary agent. e. The name, address, birth date and valid registry identification card number of each nonprofit medical marijuana dispensary agent. f. A copy of the operating procedures adopted in compliance with ARIz. REV. STAT. § 36-2804(B)(1)(c). g. A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the Ofollowing offenses: i. A violent crime, as defined in ARIz. REV. STAT. § 13-901.03(B), that was classified as a felony in the jurisdiction where the person was convicted. ii. A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted except an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier or an offense involving conduct that would be immune from arrest, prosecution or penalty under ARIz. REV. STAT. § 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona. h. A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has served as an officer or board member for a medical marijuana dispensary that has had its registration certificate revoked. i. A floor plan showing the location, dimensions and type of security measures demonstrating that the medial marijuana dispensary or medical marijuana dispensary offsite cultivation location will be secured, enclosed and locked as required by law. 1369170.2 3 • j. A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the property boundary of the parcel containing any existing uses listed in subsection 24.2(2) above. If any of the uses are located within 50 feet of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor. 2. A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m. 3. A medical marijuana dispensary or medical marijuana dispensary offsite cultivation location shall: a. Be located in a permanent building and may not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other mobile vehicle. b. Not have drive-through service. c. Not emit dust, fumes, vapors or orders into the environment. d. Not provide offsite delivery of medical marijuana. e. Prohibit consumption of marijuana on the premises. f. Not have outdoor seating areas. g. Display a current Town of Fountain Hills business license. 4. To ensure that the operations of medical marijuana dispensaries are in compliance with Arizona law and to mitigate the adverse secondary effects from operations of dispensaries, medical marijuana dispensaries shall operate in compliance with the following standards: a. Dispensaries shall install lighting to illuminate the exterior of the building and all entrances and exits to the facility. Exterior lighting shall be five foot candles, measured at the ground level, and shall remain on until at least one hour after the closing of the dispensary. b. Security guards shall be provided at the main entrances and exits during all hours of operation. c. If determined necessary by the Town Manager at any time, dispensaries shall provide a neighborhood security guard patrol for a two-block radius surrounding the dispensary during all or specified hours of operation. 1369170.2 4 d. No doctor shall issue a recommendation on-site for medical marijuana. e. There shall be no on-site sales of alcohol or tobacco, and no on-site consumption of food, alcohol, tobacco or marijuana. f. Dispensaries shall only dispense medical marijuana to qualified patients and their caregivers as defined in Axtz.REV. STAT. § 36-2801 et seq. g. Dispensaries shall notify patrons of the following verbally and through posting of a sign in a conspicuous location at the dispensary: i. Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest. ii. Patrons must immediately leave the site and not consume medical marijuana until at home or in an equivalent private location. Dispensary staff shall monitor the site and vicinity to ensure compliance. h. Dispensaries shall not provide marijuana to any individual in an amount not consistent with personal medical use. • 1. Dispensaries shall not store more than two hundred dollars ($200.00) in cash reserves overnight on the premises. j. Any patient under eighteen (18) years of age shall be accompanied by a parent or legal guardian. k. Dispensaries shall provide law enforcement and all interested neighbors with the name and phone number of an on-site community relations staff person to notify if there are operational problems with the establishment. 1. The exterior appearance of the medical marijuana dispensary structure shall be compatible with commercial structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity. m. Town code enforcement officers, Maricopa County Sheriff's Department Deputies or other agents or employees of the Town requesting admission for the purpose of determining compliance with these standards shall be given unrestricted access. • n. Medical marijuana dispensaries shall comply with all other applicable property development and design standards of the Town of Fountain Hills. 1369170.2 5 " (6) 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: (7) SUMMARY OF COMMISSION REQUESTS by Senior Planner. (8) REPORT from Senior Planner, Planning and Zoning Division of Development Services. (9) ADJOURNMENT Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Planning&Zoning Department. DATED this 2ND day of December 2010 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 p137-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request reasonable accommodations to articipate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. Planning and Zoning Commission Agenda Page 3 of 3 Janice Baxter To: Planning &Zoning Commission .c: Mayor&Council; Paul Mood; Robert Rodgers; Eugene Slechta; Burns, Bob Subject: TOFH Planning &Zoning Commission Agenda/Packet Information Attachments: 120910A.pdf Chairman and Commissioners... Please see the attached agenda and packet information for our Thursday, December 9, 2010, Commission meeting. Respectfully, Jawlce Baxter Executive Assistant Development Services Town of Fountain Hills 0:480-816-5122 F:480-837-3145 Ibaxter@fh.az.gov • THE TOWN OF FOUNTAIN HILLS L AFFIDAVIT OF WEB POSTING OF THE POST MEETING ACTION NOTICE STATE OF ARIZONA } } ss COUNTY OF MARICOPA } The affiant, after first duly sworn deposes and says: That the Fountain Hills Town Clerk, personally posted or had posted a copy of the attached post meeting action notice(s) on the Town's website: ❑ Town Council Meeting Date of: ❑ Town Council Work Study Meeting Date of: ❑ Town Council Special Meeting Date of: PZ Commission Meeting Date of: )...o_c-..—rOztA, S, ZO' O Er Other: k AL,t .. 'S: 3 0 e rr-1 L The above referenced post meeting action notice was posted: , 20 at a.m./p.m. (Fill in date and time) BY: SIGNATURE SUBSCRIBED AND SWORN to me this day of , 20 . Notary Public Expiration Date ATTACH A COPY OF THE POST MEETING ACTION AGENDA NOTICE TO THIS AFFIDAVIT C:\Users\JBaxter\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\UBWW4SQ3\Individual+Affidavit+OF+Web+Posing+the+Post+Meting+Action+Notice[1].doc 2/09 Janice Baxter To: Customer Service Reps- Community Center :c• Nancy Walter Subject: Request to Post P &Z Agenda -THANKS! Attachments: 120910AG.pdf Please post the attached agenda and reply to this email as confirmation of the posting. I really do appreciate your time. Thank you so much. Ja vice gaiter Executive Assistant Development Services Town of Fountain Hills 0:480-816-5122 F:480-837-3145 ibaxter@fh.az.gov 1 The Town of Fountain Hills AFFIDAVIT OF ESTABLISHING POSTING NOTICE STATE OF ARIZONA } } ss COUNTY OF MARICOPA } The affiant, after first duly sworn deposes and says: That at the request of the Town Clerk of the Town of Fountain Hills, I personally posted or had posted a copy of the attached post meeting action notice(s) on the Town's website: ❑ Town Council Meeting Date of: ❑ Town Council Work Study Meeting Date of: O Town Council Special Meeting Date of: C►3'Planning & ZoningCmmissio or Board of Adjustment/Workshop/Meeting Date of: -tc¢.,,,..b.e,�� 91 z D i 0 3.6 pp-) '1 Other: &IC.a.cam—ta 5 : 2' o Po'' At each of the following places pursuant to The Town of Fountain Hills Town Code Chapter 2, Section 2-4- 3, at the locations listed below including time and dates: First Place: Community Center, 13001 N. La Montana, Fountain Hills,AZ—Posted- IZ /oz /10 @ //:RD 0/PM Second Place: Town of Fountain Hills Web Site: -Posted 12 /02 /2010 @ //.'t7 t'PM Third Place: Town of Fountain Hills Office, 16705 E.Avenue of the Fountains, Fountain Hills,AZ Posted 1 Z /0Z /2010 @ 5: 15 AM/6 By. * . SIGNATURE SUBSCRIBED AND SWORN to me this � day of A c'c e n-i ha/L. , 20 )U . OFFICIAL SEAL MARILYN P. GRUDIER ./VVZ(,i,,[;�, - 1L�C.�-t.-c.-, Notary Public-State of Arizona Q \'�► MARICOPA COUNTY Notary Public My comm.expires April 30,2011 [A A • ' ' s --'—MEETING AGENDA NOTICE TO THIS AFFIDAVIT) Affidavit of NOTICE posting .40000 Z n NOTICE OF EXECUTIVE AMID • n. REGULAR SESSIONS OF THE OF THE that is Sri, PLANNING AND ZONING COMMDl '.' Commission Members: Chairman Lloyd Pew and Vice-Chairman Cecil I?rtes Commissioners:Jeff'gavels,Stan Conuick, Richard Holper,Angela Strohm:, and Richard Turner Pursuant to I.R.S. 38-431,0 , notice is hereby given to the members of the Fountain Hills Planning and Zoning C 111111icSio71 and to the general public that the Fountain Hills Planning and Zoning Commission will hold an,executive session on December 9, 2010 and a regular meeting Which is open to the general public, on December 9, 2010, at 6.'30 p.111. in the Tosvn Hall Council Chalrtberw at 16705 E Avenue of the Fountains,Fountain Hills, Arizona. TIME: 5:30—6:15 P.M.—Executive Session 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY,DECEMBER 9,2010 WHERE: FOUNTAIN HILLS TOWN HALL COUNCIL CHAMBERS'. 16705 E.AVENUE OF THE FOUNTAINS (Executive Session will be held in 2°d floor Fountain Conference Room) 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 Secretary prior to Commission discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Secretary's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Secretary or the Chairman, At that time, speakers should stand and approach the podium. Speakers arc 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 Colrmrissioners, Tan'ir 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 N reserve cr portion of their time for a later time or 01) 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 Cthe 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 I of 3 • CALL TO ORDER—Chairman Lloyd Pew • ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38- 431-03.A.3,for discussion or consultation for legal advice with the attorney or attorneys of the public body officer. (Specifically, relating to Proposition 203) RETURN TO REGULAR SESSION * 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 (1) CONSIDERATION of APPROVING the Planning and Zoning Commission meeting minutes from OCTOBER 28,2010,as presented. (2) PUBLIC HEARING regarding ORDINANCE 10-09, a text amendment to the Fountain Hills Zoning Ordinance, Chapter 6,Sign Regulations, Sections 6.08.B.I3 and 6.08.D.3. The amendments extend the expiration date to December 31,2011, for A-frame signs and banners for special sales events. Case Number Z2010-02 (3) CONSIDERATION of ORDINANCE 10-09,a text amendment to the Fountain Hills Zoning Ordinance,Chapter 6,Sign Regulations,Sections 6.08.B.13 and 6.08.D.3. The amendments extend the expiration date to December 31,2011,for A-frame signs and banners for special sales events. Case Number Z2010-02 (4) PUBLIC HEARING to receive comments on ORDINANCE#11-04, a proposed text amendment to the Fountain Hills Zoning Ordinance, adopting a new Chapter 24—Medical Marijuana Uses,which will provide minimum requirements for developing medical marijuana dispensaries or medical marijuana dispensary offsite cultivation locations.Case#Z2010-08 -) CONSIDERATION of ORDINANCE#11-04,a proposed text amendment to the Fountain Hills Zoning Ordinance, adopting a new Chapter 24—Medical Marijuana Uses,which will provide minimum requirements for developing medical marijuana dispensaries or medical marijuana dispensary offsite cultivation locations. Case#Z2010-08 Planning and Zoning Commission Agenda Page 2 of 3 (6) 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: (7) SUMMARY OF COMMISSION REQUESTS by Senior Planner. (8) REPORT from Senior Planner, Planning and Zoning Division of Development Services. (9) ADJOURNMENT Supporting documentation and staff reports furnished to the Connnission with this agenda are available for review in the Planning&Zoning Department. DATED this 2N°day of December 2010 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 p7-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request reasonable accommodations to articipate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. • I'lanning and Zoning Commission Agenda Page 3 of 3 Janice Baxter To: Planning &Zoning Commission Mayor&Council; Paul Mood; Robert Rodgers; Eugene Slechta Subject: TOFH Planning &Zoning Commission Draft Meeting Minutes 10-28-2010 Attachments: 102810MMdraft.pdf Chairman and Commissioners... Attached is a copy of our Planning and Zoning Commission meeting minutes dated October 28, 2010. We will approve these minutes at our next Commission meeting on Thursday, December 9, 2010. Please be aware that the Commission will hold an executive session with the Town Attorney on Thursday, December 9, 2010, beginning at 5:30 p.m. This meeting will be held on the 2nd floor of Town Hall in the Fountain Conference Room. The discussion will specifically relate to Proposition 203 (medical marijuana). Our regularly scheduled Commission meeting will begin immediately after the executive session at 6:30 p.m. in the Town Council Chambers. A copy of our agenda and the attached packet of information will be emailed to you later on today. If you wish a hard copy of these documents, please let me know and I will copy them for you to pick-up at Town Hall. If you have any questions, please contact Bob Rodgers at rrodgersPfh.az.gov or call him direct at 480-816-5138. Also, if I can be of any assistance just let me know. eespectfully, Jo(vace gaiter Executive Assistant Development Services Town of Fountain Hills 0:480-816-5122 F: 480-837-3145 ibaxter@fh.az.gov 1 Janice Baxter From: Dominick LaBate [dlabate@fh.az.gov] gent: Thursday, December 02, 2010 11:17 AM To: 'Janice Baxter; 'Susan Phillips' Cc: 'Nancy Walter' Subject: RE: Request to Post P &Z Agenda-THANKS! Posted 12/2/10 at 11:20 From: Janice Baxter jmailto:jbaxterOfh.az.govl Sent: Thursday, December 02, 2010 11:09 AM To: Dominick LaBate; Susan Phillips Cc: Nancy Walter Subject: Request to Post P &Z Agenda -THANKS! Please post the attached agenda and reply to this email as confirmation of the posting. I really do appreciate your time. Thank you so much. Jav I egaiter Executive Assistant Development Services fois,,,own of Fountain Hills 0:480-816-5122 F:480-837-3145 jbaxter@fh.az.gov 1