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HomeMy WebLinkAboutBA.2013.0416.Agenda POST AGENDA 4O��yTAINltl � x MEETING NOTICE • OF THE ' et is M' BOARD OF ADJUSTMENT Chairman Paul Ryan Vice-Chairman Carol Perica Board Members John Kovac III, Nick Sehman and Daniel Halloran Pursuant to A.R S. 38-431.02, notice is hereby given to the members of the Fountain Hills Board of Adjustment and to the general public that the Fountain Hills Board of Adjustment will hold a meeting, which is open to the general public, on April 16, 2013, a t 6:30 p.m.at the Fountain Hills Council Chambers, Town Hall located at 16705 E.Avenue of the Fountains, Fountain Hills,Arizona. WHEN: Tuesday,April 16,2013 TIME: 6:30 P.M. WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS,TOWN HALL L CALL TO ORDER,PLEDGE TO THE FLAG,MOMENT OF SILENT REFLECTION,AND ROLL CALL. (Chairman Paul Ryan)@ 6:30 P.M. AGENDA ITEMS AGENDA ITEM#1 - CONSIDERATION of the Board of Adjustment meeting minutes for February 19,2013. APPROVED AGENDA ITEM #2 - PUBLIC HEARING to receive comments on a requested VARIANCE from Section 24.03.B of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Applicant requests operating hours of LOAM—7PM, Monday— Saturday. Case Number V2013-01. NO ACTION AGENDA ITEM#3-CONSIDERATION of requested VARIANCE from Section 24.03.B of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive,Units 201 and 202. Applicant requests operating hours of 10 AM—7PM, Monday—Saturday. Case Number V2013-01. VARIANCE DENIED 5-0 Board of Adjustment Page 1 of 3 POST AGENDA AGENDA ITEM #4 - PUBLIC HEARING to receive comments on a requested VARIANCE from Sectic' 24.03.D.2 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activit,,,, at 16913 E. Enterprise Drive, Units 201 and 202. Applicant requests to be allowed to serve water and coffee refreshments as well as to sell edible marijuana items. Case Number V2013-01. NO ACTION AGENDA ITEM#5-CONSIDERATION of requested VARIANCE from Section 24.03.D.2 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive,Units 201 and 202. Applicant requests to be allowed to serve water and coffee refreshments as well as to sell edible marijuana items. Case Number V2013-01. VARIANCE WITHDRAWN BY APPLICANT AGENDA ITEM #6 - PUBLIC HEARING to receive comments on a requested VARIANCE from Section 24.03.C.6 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Applicant requests to be permitted to leave the existing outdoor seating area in place and post signage to deter dispensary patrons from using the area. Case Number V2013 NO ACTION AGENDA ITEM#7-CONSIDERATION of requested VARIANCE from Section 24.03.C.6 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E.Enterprise Drive,Units 201 and 202. Applicant requests to leave the existing outdoor seating area in place and post signage to deter dispensary patrons from using the area. Case Number V2013 VARIANCE APPROVED 5-0, WITH STIPULATIONS AGENDA ITEM #8 - PUBLIC HEARING to receive comments on a requested VARIANCE from Section 24.03.D.6 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Applicant requests an ATM be permitted permanently on-site. Case Number V2013 NO ACTION AGENDA ITEM#9-CONSIDERATION of requested VARIANCE from Section 24.03.D.6 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive,Units 201 and 202. Applicant requests an ATM be permitted permanently on-site. Case Number V2013 VARIANCE DENIED 5-0 AGENDA ITEM# 10 -ADJOURNMENT.@ 7:50 P.M. Supporting documentation and staff reports furnished to the Board with this agenda are available for review in the Development Services Department. Board of Adjustment Page 2 of 3 POST AGENDA DATED this 9th day of April 2013 Ro rt odgers Senior lanner&Zoning Administrator Development Services Department The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100(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. C Board of Adjustment Page 3 of 3 �o �TAIN�tN 4. z n MEETING NOTICE ,.9 OF THE 'that is my. BOARD OF ADJUSTMENT Chairman Paul Ryan Vice-Chairman Carol Perica Board Members John Kovac III, Nick Sehman and Daniel Halloran Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Board of Adjustment and to the general public that the Fountain Hills Board of Adjustment will hold a meeting, which is open to the general public, on April 16, 2013, a t 6:30 p.m.at the Fountain Hills Council Chambers, Town Hall located at 16705 E.Avenue of the Fountains, Fountain Hills,Arizona. WHEN: Tuesday,April 16,2013 TIME: 6:30 P.M. WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS,TOWN HALL "ALL TO ORDER,PLEDGE TO THE FLAG,MOMENT OF SILENT REFLECTION,AND ROLL 1160CALL. (Chairman Paul Ryan) AGENDA ITEMS AGENDA ITEM#1 - CONSIDERATION of the Board of Adjustment meeting minutes for February 19,2013. AGENDA ITEM #2 - PUBLIC HEARING to receive comments on a requested VARIANCE from Section 24.03.B of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Applicant requests operating hours of LOAM—7PM, Monday— Saturday. Case Number V2013-01. AGENDA ITEM#3- CONSIDERATION of requested VARIANCE from Section 24.03.B of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive,Units 201 and 202. Applicant requests operating hours of 10 AM—7PM, Monday—Saturday. Case Number V2013-01. AGENDA ITEM #4 - PUBLIC HEARING to receive comments on a requested VARIANCE from Section (iir24.03.D.2 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Applicant requests to be allowed to serve water and coffee refreshments as well as to sell edible marijuana items. Case Number V2013-01. Board of Adjustment Page 1 of 2 AGENDA ITEM#5- CONSIDERATION of requested VARIANCE from Section 24.03.D.2 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Applicant requests to be allowed to serve water and coffee refreshments as well as to sell edible marijuana items. Case Number V2013-01. Low AGENDA ITEM #6 - PUBLIC HEARING to receive comments on a requested VARIANCE from Section 24.03.C.6 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Applicant requests to be permitted to leave the existing outdoor seating area in place and post signage to deter dispensary patrons from using the area. Case Number V2013 AGENDA ITEM#7- CONSIDERATION of requested VARIANCE from Section 24.03.C.6 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive,Units 201 and 202. Applicant requests to leave the existing outdoor seating area in place and post signage to deter dispensary patrons from using the area. Case Number V2013 AGENDA ITEM #8 - PUBLIC HEARING to receive comments on a requested VARIANCE from Section 24.03.D.6 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Applicant requests an ATM be permitted permanently on-site. Case Number V2013 AGENDA ITEM#9- CONSIDERATION of requested VARIANCE from Section 24.03.D.6 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise LDrive,Units 201 and 202. Applicant requests an ATM be permitted permanently on-site. Case Number V2013 AGENDA ITEM# 10 -ADJOURNMENT. Supporting documentation and staff reports furnished to the Board with this agenda are available for review in the Development Services Department. DATED this 9th day of April 2013 Ro rt Rodgers Se for Planner&Zoning Administrator Development Services Department The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100(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. Cur Board of Adjustment O�tAIN�fC TOWN OF FOUNTAIN HILLS 4o tN 3 n Planning and Zoning vow 'nor X Board of Adjustment that ismo. AGENDA ACTION FORM Meeting Date: April 16, 2013 Meeting Type: Regular Agenda Type: Regular Submitting Department: Dev. Services Staff Contact Information: Janice Baxter, Executive Assistant Development Services REQUEST TO COMMISSION: Consideration of approving the Board of Adjustment regular meeting minutes from February 19, 2013. 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 Board of Adjustment Regular Meeting minutes from February 19, 2013. 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 Board of Adjustment Regular Meeting minutes dated April 16, 2013, as presented. Attachment(s): Copy of the Board of Adjustment Regular Meeting minutes from February 19, 2013. Submitted by: .9»u<e i faYer April 9, 2013 Executive Assistant Date Appr b R ate enior Pla ner&Zoning Administrator Page 1 of 1 TOWN OF FOUNTAIN HILLS MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT FEBRUARY 19,2013 A public meeting of the Fountain Hills Board of Adjustment was convened and called to order by Chairman Paul Ryan at 6:30 p.m. Tuesday, February 19, 2013, in the Town Hall Council Chambers located at 16705 E. Avenue of the Fountains,Fountain Hills,Arizona. AGENDA ITEM #1 CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF SILENT REFLECTION,AND ROLL CALL. Present for the meeting were Chairman Paul Ryan, Vice-Chairman Carol Perica and Board Members John Kovac III, and Daniel Halloran. Also present were Development Services Director Paul Mood, Senior Planner Robert Rodgers and Janice Baxter Executive Assistant and recorder of the minutes. Board Member Nick Sehman was not in attendance. Chairman Paul Ryan present Board Member John Kovac 1, present Vice-Chairman Carol Perica present Board Member Daniel Halloran present ® Board Member Nick Sehman absent AGENDA ITEM #2 CONSIDERATION of the Board of Adjustment meeting minutes for December 18,2012. Board Member John Kovac made a MOTION to approve the meeting minutes from the December 18, 2012, Board of Adjustment meeting. Board Member Carol Perica SECONDED and the MOTION passed 4-0, by those present. Roll call: Board Member John Kovac aye Chairman Paul Ryan aye Vice-Chairman Carol Perica aye Board Member Daniel Halloran aye AGENDA ITEM #2 NOMINATION AND ELECTION of a Chairman and Vice-Chairman for a one (1)year term. Senior Planner Robert Rodgers asked for nominations for chairman. Vice-Chairman Carol Perica nominated Paul Ryan and Board Member John Kovac seconded the nomination. A voice vote was taken and Paul Ryan was elected chairman of the Board of Adjustment from February 19,2013 through February 18,2014. Chairman Paul Ryan asked for nominations for vice-chairman. Board Member John Kovac nominated Carol Perica and Chairman Paul Ryan seconded the nomination. A vote was taken Board of Adjustment Meeting Minutes February 19, 2013 Page 1 of 2 1111) and Carol Perica was elected vice-chairman for the Board of Adjustment from February 19, 2013 thru February 18, 2014 Chairman Paul Ryan welcomed Board Member Daniel Halloran who was appointed to the Board of Adjustment by Town Council on January 3,2013. AGENDA ITEM#4 ADJOURNMENT. Vice-Chairman Carol Perica made a MOTION to adjourn the meeting and Board Member John Kovac III SECONDED. The MOTION passed 4-0. eting adjourned at 6:35 p.m. FOUNTAIN HILLS BOARD OF ADJUSTMENT =`' BY: ATTEST: Chairman Paul Ryan 'ce E. Baxter, ecutive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Board of Adjustment held on the 19th day February of 2013. I further certify that the meeting was duly called and that a quorum was present. Dated this 19t day of February 2013. Janice E. Baxter, Executive Assistant W� • Board of Adjustment Meeting Minutes February 19, 2013 Page 2 of 2 O� l TOWN OF FOUNTAIN HILLS 44,44 t� 3 n Planning and Zoning . x Board of Adjustment that is AlVi' AGENDA ACTION FORM Meeting Date: April 16, 2013 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers(cr7fh.az.gov REQUEST TO BOARD OF ADJUSTMENT: PUBLIC HEARING to receive comments on FOUR requested VARIANCES from Section 24.03 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Case #V2013-01 Variance #1 —Zoning Ordinance Section 24.03.B allows operating hours of 9AM — 5PM, Monday— Friday. Applicant requests operating hours of 10AM —7 PM, Monday—Saturday. Variance #2—Zoning Ordinance Section 24.03.D.2 does not permit the sale or consumption of food items on-site. Applicant requests to be allowed to serve water and coffee refreshments as well as to sell edible marijuana items. Variance #3 —Zoning Ordinance Section 23.03.C.6 does not permit outdoor seating areas. Applicant requests to be permitted to leave the existing outdoor seating area in place and post signage to deter dispensary patrons from using the area. Variance #4—Zoning Ordinance Section 23.03.D.6 requires that no more than $200 in cash be on the premises overnight. Applicant requests an ATM be permitted permanently on-site. CONSIDERATION of FOUR requested VARIANCES from Section 24.03 of the Town of Fountain Hills Zoning Ordinance relating to Medical Marijuana Dispensary activities at 16913 E. Enterprise Drive, Units 201 and 202. Case #V2013-01 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) Pagel of 10 Variances: 16913 E. Enterprise Drive,Units 201 and 202. Case #V2013-01 Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Section 24.03.B — Hours of Operation Zoning Ordinance Section 24.03.C.6 — Outdoor Seating Zoning Ordinance Section 24.03.D.2 — On-Site sale or consumption of food Zoning Ordinance Section 24.03.D.6 — Limit of$200 on-site overnight Zoning Ordinance Section 2.07.B —Variance Town Code Article 2-8-4 — Board of Adjustment Duties Town Code Article 2-8-6 —Variances 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. Chapter 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. The subject property was granted a zoning verification on May 8, 2012. The zoning verification letter confirmed that the property met the minimum setback requirements as well as being located within the C-3 zoning district. The applicants received a building permit to begin renovations in the existing building, suites 201 and 202. The renovations are not yet complete and the dispensary is not yet open. Prior to opening, the applicants are seeking four variances from portions of the town's zoning ordinance Chapter 24 which they feel are too strict or unfairly restrictive. CODE REQUIREMENTS: Town Code Article 2-8 BOARD OF ADJUSTMENT Section 2-8-4 Duties A. It shall be the duty of the board of adjustment to hear appeals concerning the interpretation or administration of the zoning code, made by the zoning administrator. The board may reverse, affirm, wholly or partially or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary. B. It shall be the duty of the board of adjustment to hear and decide appeals for variances from the terms of the zoning code only, if because of special circumstances applicable to the subject property, including its size, shape, topography, location or surroundings, the strict application of the zoning code will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. C. The board of adjustment may not: 1. Make any changes in the uses permitted in any zoning classification or zoning district, make any changes in the terms of the zoning code or make changes to the zoning map, provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this article. Poac 2 of 10 Variances: 16913 E.Enterprise Drive,Units 201 and 202. Case #V2013-01 2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. Town Code Article 2-8 BOARD OF ADJUSTMENT Section 2-8-6 Variances Every variance shall be personal to the applicant and shall run with the land only after completion of any structure or structures authorized thereby. Zoning Ordinance Chapter 2 PROCEDURES Section 2.07 Appeals and Variances B. Variance. 1. Any aggrieved person may appeal to the Board of Adjustment for a variance from the terms of the Zoning Ordinance if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the same Zoning District. Any variance granted shall be made subject to such conditions as will assure that the adjustment authority shall not constitute a granting of special privileges inconsistent with the limitations upon other properties in the zone in which such property is located. 2. The Board shall hear the appeal at the next regularly scheduled meeting after the required advertising requirements have been fulfilled. Notice of the hearing shall be made by publishing a notice thereof in the official newspaper of the Town and by posting the property affected not less than fifteen (15) days prior to the hearing. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered. 3. A variance shall not be granted by the Board unless the alleged hardship caused by literal interpretation of the provisions of this ordinance results in more than personal inconvenience and/or personal financial hardship, and is not the result of actions of the applicant. 4. In granting a variance, the Board shall impose such conditions and safeguards as are appropriate to ensure that the purpose and intent of this ordinance remain intact. 5. No nonconforming use or violations of this ordinance with respect to neighboring lands, structures, or buildings in the same Zoning District, and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for granting a variance. 6. Every variance shall be personal to the applicant therefore and shall be transferable and shall run with the land only after completion of any structure or structures authorized thereby. 7. Nothing herein contained shall be construed to empower the Board to change the terms of this ordinance, to authorize uses which violate any other Town ordinance, to affect changes in the zoning map, or to add to or change the uses permitted in any Zoning District. FINDINGS: This application requests four separate Variances. Staff recommends that each of the four variance requests be deliberated separately with separate findings and decisions made by the Board of Adjustment for each. This report will outline each variance request separately, note the four findings which must be made by the Board of Adjustment in order to grant a variance, note the applicant's justification as it appears on the Variance application for each finding, and finally note staffs response and recommendation. Page 3 of 10 Variances: 16913 E.Enterprise Drive,Units 201 and 202. Case #V2013-01 Variance#1 — Zoning Ordinance Section 24.03.B allows operating hours of 9AM—5PM, Monday— Friday. Applicant requests operating hours of 10AM—7 PM, Monday—Saturday. 1. There exist special circumstances or conditions regarding the land, building or use referred to in the application which does not apply to other properties in the district. Applicant: For patients who can not get relief from their ailments and turn to a prescription for MMJ in order to survive, the hours proposed in Ordinance 24.03 are far too restrictive, unfair, and perhaps prejudiced. Monday through Friday from 9:00AM to 5:00PM make it too difficult for patients and their caregivers who work traditional fulltime day shift hours to access their medicine. Pharmacies are allowed to be open in Fountain Hills from 8:00AM to 10:00PM, far beyond these overly restrictive 9AM to 5PM operating hours for the same good reason. Proposition 203 (AMMA) allows for hours to be restricted only between 7:00AM and 10:00PM. The City of Phoenix allows operating hours from 8:00AM to 7:00PM, and the City of Scottsdale accommodates hours of 6:00AM to 7:00PM. It is proposed in this variance request that Nature's AZ Medicines in Fountain Hills also be allowed to serve its patients at times convenient to their work schedules, which means at least an hour after5:00PM as well as Saturday hours. Hours of operation Monday-Saturday 10:00AM to 7:00PM will allow patients time to access their alternative medicines. Staff: Staff believes that the arguments put forward by the applicants do not properly demonstrate any special circumstances or conditions inherent in the property which would justify a variance. The arguments provided by the applicants speak to the use, or more accurately the use the applicant wishes to create, rather than any existing conditions of the property itself. Staff believes that this criteria is not met. 2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant. Applicant: The patients of Fountain Hills have the same right to access their medicine during hours convenient to full time traditional dayshift workers, as any other resident in Arizona. Proposition 203 allows for hours of service between 7:00AM and 10:00PM Monday through Sunday. The City of Phoenix allows for hours 8:00AM to 7:00PM. Staff: Staff believes that the town's zoning ordinance is in full compliance with state law. Also, the permitted hours of operation within another municipality have no bearing on property located within Fountain Hills. As the proposed dispensary is not yet in operation, staff believes it is reasonable to note that the existing regulations regarding operating hours are well known by the applicants and do not present unreasonable special circumstances. Staff believes that the applicant's arguments once again speak to the proposed use of the property rather than any pre-existing special circumstances or conditions. Staff believes that this criteria is not met. 3. The Variance is necessary for the preservation of substantial property rights. Without a Variance the property cannot be used for purposes otherwise allowed in this district. Applicant: Without these Variances, the leasee cannot adequately serve the patient population in Fountain Hills. Denial of these variances will offer Fountain Hills residents only substandard ADHS MMJ dispensary service, which will be considered hostile to this specific use and a form of prejudice to its patient population. Staff: Staff does not believe that there is any diminution of property rights because of this zoning section. Marijuana dispensaries, among other uses, are permitted uses within the zoning district. The proposal is to operate a permitted use. The applicant's ability to provide only substandard service is not the fault of the ordinance. Staff believes that the applicant's arguments once again speak to the proposed use of the property rather than any overly burdensome property right restrictions inherent in the property. Staff believes that this criteria is not met. 4. The authorizing of the Variance will not be materially detrimental to persons residing or working in the vicinity,to adjacent property,or to the neighborhood or the public welfare. Page 4 of 10 Variances: 16913 E. Enterprise Drive,Units 201 and 202. Case #V2013-01 Applicant: The authorizing of these variances will most certainly NOT be materially detrimental to persons residing or working in the vicinity to adjacent property or to the neighborhood or the public welfare. Staff: Staff does not agree with the applicant's assertion. The ordinance is designed to protect the surrounding neighborhood from any adverse effects by reasonably restricting, among other things, the hours of operation. The applicant's statement is not supported by any presented facts. Staff believes that this criteria is not met. Variance#2— Zoning Ordinance Section 24.03.D.2 does not permit the sale or consumption of food items on- site. Applicant requests to be allowed to serve water and coffee refreshments as well as to sell edible marijuana items. 1. There exist special circumstances or conditions regarding the land, building or use referred to in the application which does not apply to other properties in the district. Applicant: The ordinance also restricts the dispensary from selling food, however serving free water and/or coffee to patients as they wait for patient service providers to attend to them is only humane. Of course no medical marijuana will ever be consumed on premise. Ordinance 24.03 also specifically states that no food shall be sold on premise, however this ordinance must recognize that 15-20%of patients can only use their medical marijuana medicine in edible forms.These"medibles"make up at least 10%-20%of all medical marijuana dispensary sales.They must be made available through dispensaries for patients that are restricted from smoking and can only benefit from medical cannabis prescription through ingestible forms.All"medibles" purchased from Nature's AZ Medicines will be sold in frozen form, making them difficult to consume until thawed.As with patients who purchase vaporized or smokable medicines, patients purchasing medibles shall be instructed to consume their medicine in their homes, and only when they do not need to operate a motor vehicle. We will also warn all customers not to consume MMJ anywhere near the premises of the dispensary. This prohibition on consumption will also extend to a seating area located adjacent to the condominium suite for Nature's AZ Medicines for use by all the professional office condo employees and customers. Staff: Staff believes that a portion of this request, allowing the sale of so-called "medibles", does not require a variance. The ordinance provides a distinction between food and MMJ. MMJ means marijuana for a "medical use" (as defined in the statute), which includes all of its forms. The town's zoning ordinance prohibition (in Section 24.03.D.2) calls out food and MMJ separately, banning the sale of alcohol, tobacco and food, but then banning the on-site consumption of alcohol, tobacco, food and medical marijuana. The text clearly creates a distinction between food and MMJ. Staff believes that the Board should find that this portion of the variance request is not necessary. Staff believes that the proposal to serve water, coffee, or any other consumable product on the premises is in direct contradiction to Section 24.03.D. Staff does not agree that a lack of water or coffee refreshments indicates a detrimental special circumstance or condition regarding the property. The arguments provided by the applicants again speak to the use the applicant wishes to create, rather than any existing conditions of the property itself. Staff believes that this criteria is not met. 2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant. Applicant: The patients of Fountain Hills have the right to be treated humanely, and that may mean receiving cool bottled water on a hot summer's day. If the patient requires an edible form of medical cannabis, it will be served them in frozen form, not easily consumed until thawed.This will discourage consumption anywhere near the premises. In fact they will be counseled not to consume medicine in any form anywhere near the dispensary. Patients will be specifically instructed to take the edible medicine at home,where they will not be driving an automobile,or operating heavy equipment. Page 5 of 10 Variances: 16913 E.Enterprise Drive,Units 201 and 202. Case #V2013-01 Staff: Staff does not agree that the ordinance prohibition against serving refreshments creates an inhumane condition. Staff believes that the applicant's arguments once again speak to the proposed use of the property rather than any pre-existing special circumstances or conditions. Staff believes that this criteria is not met. 3. The Variance is necessary for the preservation of substantial property rights. Without a Variance the property cannot be used for purposes otherwise allowed in this district. Applicant: Without these Variances, the leasee cannot adequately serve the patient population in Fountain Hills. Denial of these variances will offer Fountain Hills residents only substandard ADHS MMJ dispensary service, which will be considered hostile to this specific use and a form of prejudice to its patient population. Staff: Staff does not agree that the applicant's inability to serve refreshments constitutes any loss of substantial property rights. No variance is necessary in order to operate the dispensary. The applicant's arguments speak to the proposed use of the property rather than any overly burdensome property right restrictions created by the ordinance. Staff believes that this criteria is not met. 4. The authorizing of the Variance will not be materially detrimental to persons residing or working in the vicinity,to adjacent property, or to the neighborhood or the public welfare. Applicant: The authorizing of these variances will most certainly NOT be materially detrimental to persons residing or working in the vicinity to adjacent property or to the neighborhood or the public welfare. Staff: Staff believes that offering refreshments or other similar items could be detrimental to the area such as promoting loitering. The ordinance is designed to protect the surrounding neighborhood from any adverse effects by reasonably restricting some activities within the operation. The applicant's statement is not supported by any legitimate argument. Staff believes that this criteria is not met. Variance#3— Zoning Ordinance Section 23.03.C.6 does not permit outdoor seating areas. Applicant requests to be permitted to leave the existing outdoor seating area in place and post signage to deter dispensary patrons from using the area. 1. There exist special circumstances or conditions regarding the land, building or use referred to in the application which does not apply to other properties in the district. Applicant: Nature's AZ Medicines will post a sign making it clear that no consumption of Medical cannabis will be allowed in this area,and violations of this ordinance may lead to arrest and patient card revocation. Staff: Staff agrees to the proposal to post signage. The ordinance does not allow dispensary patrons to loiter or consume products on-site. The methodology of compliance is left up to the dispensary. The applicant is again asking for a variance based on the use of the property rather than an inherent special condition of the property. Staff believes that this variance criteria is not met. 2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant. Applicant: The outdoor seating area has been in existence for many years to serve the other condominium tenants and their employees and customers. It is not necessary to remove this outdoor seating feature from the complex and to this end,we are committed to posting signage and even mounting an outdoor camera to view the area from our security desk to insure that no medical cannabis is consumed in this area. Staff: Staff agrees that the outdoor seating area is currently in existence. The applicant has not presented an argument in favor of this variance request. The argument appears to be in favor of not removing the Page 6 of 10 Variances: 16913 E.Enterprise Drive,Units 201 and 202. Case #V2013-01 outdoor seating area. However, the ordinance does not require removal, only that the patrons not consume products on-site. This is also a use-based argument rather than property based. Staff believes that this variance criteria is not met. 3. The Variance is necessary for the preservation of substantial property rights. Without a Variance the property cannot be used for purposes otherwise allowed in this district. Applicant: Without these Variances, the leasee cannot adequately serve the patient population in Fountain Hills. Denial of these variances will offer Fountain Hills residents only substandard ADHS MMJ dispensary service, which will be considered hostile to this specific use and a form of prejudice to its patient population. Staff: Staff does not agree that a variance from this section is necessary in order to maintain property rights. The dispensary use is permitted as a principal use. An outdoor seating area is not a permitted accessory use for a dispensary. This request is again related to the use of the property rather than the property itself. Staff believes that this variance criteria is not met. 4. The authorizing of the Variance will not be materially detrimental to persons residing or working in the vicinity,to adjacent property, or to the neighborhood or the public welfare. Applicant: The authorizing of these variances will most certainly NOT be materially detrimental to persons residing or working in the vicinity to adjacent property or to the neighborhood or the public welfare. Staff: Staff disagrees. Any use of the outdoor seating area will encourage loitering and possible consumption of products on-site. Use variances are not permitted under state law. Staff believes that this variance criteria is not met. Variance#4— Zoning Ordinance Section 23.03.D.6 requires that no more than $200 in cash be on the premises overnight. Applicant requests an ATM be permitted permanently on-site. 1. There exist special circumstances or conditions regarding the land, building or use referred to in the application which does not apply to other properties in the district. Applicant: We request that an ATM (cash machine) be located within the dispensary retail payment area for customer convenience. Once again this request is in keeping with operating a pharmacy where sick and elderly may need to gain access to their funds at the time they acquire their medicine.The current 24.03 Ordinance requiring less than$200 be kept on premise is not appropriate given the high level of security built into the remodeled space for this dispensary. The security plan calls for more than a dozen exterior and interior night vision security cameras, motion detectors, double bulletproof glass secured entry doors, 24/7 lighting,and the use of safes in a secured locked storage area to minimize the risk of theft. During operational hours there will also be security guards present to screen all patient admittance and to observe the parking lot. Staff: Staff believes that the requirement that there be no more than $200 on site overnight is reasonable and designed to lessen the likelihood of illegal after hours activities by reducing target desirability regardless of other security measures, which the ordinance also requires. The applicant's argument is again based on their desired use rather than on inherent properties of the land or building. Staff believes that this variance criteria is not met. 2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant. Applicant: Accommodating an ATM machine is critical to pharmacy operations to assist the sick, elderly, and otherwise less than mobile patients accessing medicine as evidenced by most operating pharmacies in the metro area of Phoenix, including Fountain Hills, and most of the United States of America. Page 7 of 10 Variances:16913 E.Enterprise Drive,Units 201 and 202. Case #V2013-01 Staff: Staff does not agree that a medical marijuana dispensary is a pharmacy. No evidence of such licensing has been provided. Staff does not agree that the practices of other municipalities bears any relevance to variance requests in Fountain Hills. The ordinance is in effect currently and the applicant's request does not identify any special circumstances that are not pre-existing. Staff believes that this variance criteria is not met. 3. The Variance is necessary for the preservation of substantial property rights. Without a Variance the property cannot be used for purposes otherwise allowed in this district. Applicant: Without these Variances, the leasee cannot adequately serve the patient population in Fountain Hills. Denial of these variances will offer Fountain Hills residents only substandard ADHS MMJ dispensary service, which will be considered hostile to this specific use and a form of prejudice to its patient population. Staff: Staff does not believe that the lack of an ATM on-site deprives the applicants of any substantial property rights. The request is again tied to the use rather than the property. Staff believes that this variance criteria is not met. 4. The authorizing of the Variance will not be materially detrimental to persons residing or working in the vicinity,to adjacent property, or to the neighborhood or the public welfare. Applicant: The authorizing of these variances will most certainly NOT be materially detrimental to persons residing or working in the vicinity to adjacent property or to the neighborhood or the public welfare. Staff: Staff disagrees. The current zoning ordinance clearly states that no more than $200 may be on site overnight and the after-hours presence of larger sums of money is not permitted. The dispensary is not in operation yet and is clearly aware of the requirement. An ATM is related to the operation of a dispensary and use variances are not permitted under state law. Staff believes that this variance criteria is not met. Risk Analysis (options or alternatives with implications): Approval of the requested variances will allow the Marijuana Dispensary use to operate under terms different than the Town's Zoning Ordinance, Chapter 24 currently prescribes. Denial of the requested variances will require the Marijuana Dispensary use to operate according to the terms of the Town Zoning Ordinance, Chapter 24. Fiscal Impact(initial and ongoing costs; budget status): No Financial impact to the town is anticipated. Staff Recommendation(s): Staff recommends that the Board of Adjustment consider each variance separately, make separate findings of fact for each request, and vote to approve or disapprove each variance separately and on its own merits. Staff believes that the four required findings noted for each Variance request have not been adequately addressed. Staff believes that the majority of the arguments put forth by the applicant apply to the use of the property rather than the physical characteristics of the property. As such they do not provide sufficient justification under Arizona law for favorable findings in order to issue variances. Arizona law specifically prohibits use variances. Staff further believes that the use variances are not necessary for the preservation of substantial property rights. The property is being leased for a medical marijuana dispensary use,which is a permitted use in the"C-3"Zoning District. Finally, staff believes that granting the use variances will be detrimental to persons or businesses residing in the vicinity as well as the Town of Fountain Hills as a whole. Page 8 of 10 Variances:16913 E.Enterprise Drive,Units 201 and 202. Case #V2013-01 `110, SUGGESTED MOTION(S): Variance#1 - Move that the Board determine that the applicant has unsatisfactorily demonstrated that they meet the four required criteria as required by state law and listed in the staff report, and that the board deny the requested Variance from Section 24.03.E of the Fountain Hills Zoning Ordinance based on the following findings: Variance#2 - Move that the Board determine that the applicant has unsatisfactorily demonstrated that they meet the four required criteria as required by state law and listed in the staff report, and that the board deny the requested Variance from Section 24.03.D.2 of the Fountain Hills Zoning Ordinance based on the following findings: Variance#3 - Move that the Board determine that the applicant has unsatisfactorily demonstrated that they meet the four required criteria as required by state law and listed in the staff report, and that the board deny the requested Variance from Section 24.03.C.6 of the Fountain Hills Zoning Ordinance based on the following findings: Variance#4- Move that the Board determine that the applicant has unsatisfactorily demonstrated that they meet the four required criteria as required by state law and listed in the staff report, and that the board deny the requested Variance from Section 24.03.D.6 of the Fountain Hills Zoning Ordinance based on the following findings: Submitted by: Robert1�,odger✓,j!i�' 4/9/2013 Senior Planner Date Approved by: evelo ment Services Director Date Attachment(s): 1. Aerial Photo of Neighborhood 2. Site Plan 3. Application 4. Applicant's Narrative 5. Applicant's additional submittals L Page 9 of 10 Variances:16913 E.Enterprise Drive,Units Case 201#V201 and 3-01202. Aerial Photo of the Site • C. 00, 1 '''\ 10.a f - A1,), t ..,. :.�', , \�\A , 3. 101 \� 4A4 ` �`' 4,yy L" ,. ` q n 4 uw "yly Cs, .,- _ R\ 176-fJ8-961 - �3 d*'.'�''i ,a,: 4 1G2 k �w , +s 9- P A s2 176-08-960 ._.C {5, �,p@ .b ?y9 202 * DI. { R, yy 76zosr ,f .,A� s� 1G3 1 9s9 t ,,�a .i _ 4 *.. s .v ,� , . "V fir, ak ''^ tit#r�, "14` ,., 'i • 4. q n. f 4. ,, . . a'`, ,r.,�40,''v'''. ' T r. r� R.� :, w! / Page 10 of 10 — 4 sir Ilh d agggigS » am'11p 5 4g aye �, vki a oe ml zap {t! 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F., } \d\a: z, \ . § p\ > © • k y $ . . . :/ |»! \ 2 \\\ ag § . • §'$ - § b , . . g . . • . . g!i . . . . . §!§k§ F£Kq§ . \ . o \|» . j/§§� . \ \ \ ~ 8 !§ -!@ 3. . . c ]\ § Z %[ ; � ; § ,-• - ` \ . cm • a\2 a . . 2\ : \ , / _. § ,_i■ ( . \ 4 # 2 y sz » ^ < m_I j ¥2 a e.. . . y. — - - \.. . — § P P, P. g ` l ` § « § _ a a k c p11'i A' Ar$ DO Not write in this space—officaaIuse only o f :` I�`;�•t �,, ,� 1 N,a' Filing Date 3 al �l� ' V� .z Accepted By d _ = 4 Fee Accepted 4 0 0 = Case Manager'cal0 toot -� 1,,."` ,Qr, ) ghat is hol- �(/ 9 The Town of Fountain Hills /J , .11 ` emu` s - c i i i� PLANNING & ZONING DEPARTMENT - 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 Ordinance(Text Amendment) Planned Unit Development Preliminary/ Final Plat 11 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 Other PROJECT NAME / NATURE OF PROJECT: LEGAL DESCRIPTION: Hat Name. ki`i e,_y 0" 61444/s' i,l'Allock Lot PROPERTY ADDRESS: 16913 East Enterprise Drive,Fountain Hilts,AZ 85268 `(,,-/j ao/ ,¢p2o"Q PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER /7 off- 9.5-7. -5 I NUMBER OF UNITS PROPOSED TRACTS / 7f-'6.p`94e0 '?--'"--- EXISTING ZONING PROPOSED ZONING A licant q ,,,-1 ~ Mrs. Marie Steinmetz �, `' Day Phone (48D)21 s-oaol ✓ Mr. Ms. Address: 8143 East Quarterhorse Trail City: Scottsdale State: AZ Zip: 85258 Email: mark.steinmetz@cox.net Owner Mrs. Buer Trust-Vladimir Buer,Trustee Day Phone ✓ Mr. Ms. Address: 14850 E.Grandview Dr.,Unit 202 City: Fountain Hills State: AZ Zip: 85289 If application is being submitted byso/nreone other than the owner of the property under consideration,the section below must be completed. _ SIGNATUREof OWNER G�/ �'` DATE �� - a- 1 � ii I HEREBY AUTHORIZE �l- 2 l t 7 �^-�- TO FILE THIS APPLICATION. ?lease Print Subscrib and sworn bef e this 2 f ' day of , 20 i -ter- --" —{ ,._.— My Commission Expires /—1//S` Notary Public Ml1NIS '`Ib -' APPLICATION # „•°.; -0': 5f Srt, LYNETTE COLLINS Notary Public-Arizona 1 / �,c-.7 ;1 4 Maricopa County • 9, j My Comm. 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Avewue.of the Fotrrtrairts-Fritt.rgain 1-1il1s,Arizch-ta 85268-(420)8/6-5/22-Fax(480)837-3145 March 21st,2013 Town of Fountain Hills,AZ Variance Application Process Narrative Report—Variance Justification Submitted by Mark Steinmetz for Nature's AZ Medicines,Inc. A. There is an existence of special circumstances or conditions regarding the use referred to in the variance application that do not apply to other properties in the district. Nature's AZ Medicines, Inc. is the only Arizona Department of Health Licensed Medical Marijuana Dispensary awarded to Fountain Hills,AZ. 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.For many patients,it is the ONLY prescription that helps them. This is true for the son of former U.S.Attorney General Mel McDonald;a Ronald Reagan appointee who led the war on drugs in Arizona in the 1980's and sat on the 15 member advisory commission of attorneys general that helped set national drug policy.He's a former Maricopa County prosecutor,who also served as a Superior Court Judge and has been appointed to various boards and Noy commissions by six of our last seven Arizona governors.Please reference the attached article for more information on his son's medical condition,his use of MMJ to sustain his health,and this former U.S. Attorneys current view of MMJ for medical uses.Variance#1.)For patients who cannot get relief from their aliments and turn to a prescription for MMJ in order to survive,the hours proposed in Ordinate 24.03 are far too restrictive,unfair,and perhaps prejudiced. Monday through Friday from 9:00AM to 5:00PM make it too difficult for patients and their caregivers who work traditional full time day shift hours to access their medicine.Pharmacies are allowed to be open in Fountain Hills from 8:00AM to 10:00PM,far beyond these overly restrictive 9AM to 5PM operating hours for the same good reason. Proposition 203 (AMMA)allows for hours to be restricted only between 7:00AM and 10:00PM.The City of Phoenix allows operating hours from 8:00AM to 7:00PM, and the City of Scottsdale accommodates hours of 6:00AM to 7:00PM. It is proposed in this variance request that Nature's AZ Medicines in Fountain Hills also be allowed to serve its patients at times convenient to their work schedules,which means at least an hour after 5:00PM as well as Saturday hours. Hours of operation Monday—Saturday 10:00AM to 7:00PM will allow patients time to access their alternative medicines. Variance#2.)The ordinance also restricts the dispensary from selling food,however serving free water and/or coffee to patients as they wait for patient service providers to attend to them is only humane. Of course no medical marijuana will ever be L consumed on premise. Ordinace 24.03 also specifically states that no food shall be sold on premise,however this ordinance must recognize that 15-20%of patients can only use their medical marijuana medicine in edible forms.These"medibles"make up at least 10%-20%of all medical marijuana dispensary sales.They must be made available through dispensaries for patients that are restricted from smoking and can only benefit from medical cannabis prescription through ingestible forms. All "medibles"purchased from Nature's AZ Medicines will be sold in frozen form, making them difficult to consume until thawed.As with patients who purchase vaporized or smokable medicines,patients purchasing medibles shall be instructed to consume their medicine in their homes,and only when they do not need to operate a motor vehicle. We will also warn all customers no to consume MMJ anywhere near the premises of the dispensary.This prohibition on consumption will also extend to a seating area located adjacent to the condominium suite for Nature's AZ Medicines for use by all the professional office condo employees and customers. Variance#3.) Nature's AZ Medicines will post a sign making it clear that no consumption of Medical cannabis will be allowed in this area,and violations of this ordinance may lead to arrest and patient card revocation.Variance#4.)We request that an ATM (cash machine)be located within the dispensary retail payment area for customer convenience.Once again this request is in keeping with operating a pharmacy where Lsick and elderly may need to gain access to their funds at the time they acquire their medicine. The current 24.03 Ordinance requiring less than$200 be kept on premise is not appropriate given the high level of security built into the remodeled space for this dispensary. The security plan call for more than a dozen exterior and interior night vision security cameras,motion detectors,double bullet proof glass secured entry doors,24/7 lighting,and the use of safe's in a secured locked storage area to minimize the risk of theft. During operational hours there will also be security guards present to screen all patient admittance and to observe the parking lot. B. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.We will serve the Town of Fountain Hills with this unique medicinal remedy and these patients require the same rights and access associated with most other medical patients living in other cities and townships.Variance#1.)The patients of Fountain Hills have the same right to access their medicine during hours convenient to full time traditional dayshift workers,as any other resident in Arizona.Proposition 203 allows for hours of service between 7:00AM and 10:00PM Monday throug i Sunday. The City of Phoenix allows for hours 8:00AM to 7:00PM.Variance#2.)The patients of Fountain Hills have the right to be treated humanely, and that may mean receiving cool bottled water on a hot summer's day. If the-patient requires an edible form of medical cannabis,it will be L (kir served them in frozen form,not easily consumed until thawed.This will discourage consumption anywhere near the premises.In fact they will be counseled not to consume medicine in any form anywhere near the dispensary.Patients will be specifically instructed to take the edible medicine at home,where they will not be driving an automobile,or operating heavy equipment.Variance#3.)The outdoor seating area has been in existence for many years to serve the other condominium tenants and their employees and customers. It is not necessary to remove this outdoor seating feature from the complex and to this end,we are committed to posting signage and even mounting an outdoor camera to view the area from our security desk to insure that no medical cannabis is consumed in this area.Variance#4.) Accommodating an ATM machine is critical to pharmacy operations to assist the sick, elderly,and otherwise less than mobile patients accessing medicine as evidenced by most operating pharmacies in the metro area of Phoenix,including Fountain Hills, and most of the United States of America. C. Without these Variances,the lessee cannot adequately serve the patient population in Fountain Hills. Denial of these variances will offer Fountain Hills residents only substandard ADHS MMJ dispensary service,which will be considered hostile to this specific use and a form of prejudice to its patient population. D. The authorizing of these variances will most certainly NOT be materially detrimental to persons residing or working in the vicinity to adjacent property or to the neighborhood or the public welfare. Carr • Posted on February 1,2013 5:00 pm by Laurie Roberts Look who's coming out of the closet for medical marijuana "No medical authority would say it's helping you. They all say it's harming you."Rep.John Kavanagh,on medical marijuana It starts the minute he wakes up and puts his feet on the floor.The nausea quickly builds from the base of his stomach to the back of his throat and he tries to think mind over matter but matter generally wins and this is just the beginning of the day.The really hard time, he would tell you, comes later in the afternoon, when he must force down the pills he needs to stay alive and hope they stay down. Food?The thought of it makes him gag and this goes on day after week after year. His parents wonder whether he can survive it.So far, in 14 years, Bennett Black has only found one thing that eases the nausea enough so that he can eat, so that he can live. That's marijuana. Now there's a move afoot to repeal the medical marijuana law that Arizona voters have approved three times now. Bennett Black's father is hoping the Legislature will take a pass on Kavanagh's bill to put repeal on the 2014 ballot. "I can't imagine people saying 'I'm going to take away a sick person's lifeline,their ability to have a quality of life and to criminalize that which is keeping him alive,'"the father told me. "If there's a problem,the problem doesn't come from keeping it away from people that need it." Lest you think these the words of some aging hippy,think again. Black's father is former U.S. Attorney Mel McDonald, a Ronald Reagan appointee who led the war on drugs in Arizona in the 1980s and sat on the 15-member advisory commission of attorneys general that helped set national drug policy. He's a Mormon, a former Maricopa County prosecutor who also served as a Superior Court judge and has been appointed to various boards and commissions by six of the last seven Arizona governors. And he's a fierce supporter of medical marijuana, because he's seen the relief it offers his son. I've been skeptical about the whole medical marijuana movement, sold as a godsend to cancer and glaucoma patients but used mostly by people with "chronic pain."The picture of the young man holding his skateboard and his white bag of pot in December, when Arizona's first dispensary opened,wasn't exactly a PR coup for the medical marijuana industry. Then I met Bennett Black and his parents, Mel and Cindy McDonald. In 1997, Black was riding his Go-Ped when he was hit by a car going 45 mph.The 14 year old suffered a serious brain injury that left him with a severe form of epilepsy. He's seen some of the best neurologists in the country. He's had a golf ball-sized piece of his brain removed. He's had a vagus nerve stimulator wired to his brain, a device that sends out electrical charges every 30 seconds.And still the epilepsy controls his life,racking his body with life threatening grand-mal seizures that can last up to 75 minutes. He takes five anti-seizure medications,which leave his stomach one roiling pit of uuuugh. Every day, he is sick.All the time, sick. By 1999, his weight had dropped from 180 pounds to 119 as he would go days without food. His mother, Cindy,talks of spending hour upon exhausting hour in the dead of night,trying to coax seizure medication into his empty stomach only to find the pills minutes later in a bucket of vomit. A neighbor,suffering the after effects of a broken neck,suggested to Cindy that her son try marijuana.At first, Cindy says she resisted giving it to her son but eventually she became desperate. It was,she says, like a miracle. A few puffs and Bennett could a least gag down a few rr bites of food, enough to keep him alive. And so came Cindy the criminal,the mother who snuck around and broke the law,obtaining marijuana so that her son could live, knowing that if she were caught it would make headlines: Wife of former US attorney snared in drug bust. But knowing,too,that she had no choice. Mel McDonald also faced a dilemma. He knew his son needed the illegal drug. But he knew also that he could lose his license to practice that which he had always stood for and respected — the law. For a decade,the McDonalds lived with what he calls"the iron curtain" in their house. Cindy would obtain the marijuana,storing it in a safe only she had access to and giving it to her son when he needed it,which was pretty much every day—though never when Mel was around. And Mel? It was his job to look the other way and to live with that. "It's almost like the story of Les Miserables.Jean Valjean breaking in to steal bread," he said, recounting a decade of his wife's clandestine activity. "Here's a mother who has found one way to keep her son eating food —the only thing that works is marijuana—to keep him alive.To Clow have to go out there and create that barrier in our home because I can't be a part of it, I can't be with you. I don't want to know what you're doing. I've literally got to keep a barrier in my own home to satisfy the requirements of the law and the bar." Voters first approved legalizing marijuana for medical use in 1996 but the Legislature repealed the law.Voters again approved it in 1998 but it never took effect because federal officials threatened to prosecute any doctor who prescribed the drug. Then in 2010,voters narrowly approved it a third time,this time with a requirement only that a doctor"recommend"the drug, and Cindy sobbed relief and gratitude. For nearly two years,the state dragged its feet before finally the first dispensaries were allowed to open in December. Now Maricopa County Attorney Bill Montgomery is asking the state Supreme Court to toss out the law, contending that it's pre-empted by federal law. Meanwhile, Rep. Kavanagh is working to put repeal on the 2014 ballot, noting that 90 percent of medical marijuana users are seeking relief from "chronic pain", not cancer or glaucoma. He also cites a recent federal appellate court ruling that upheld a Drug Enforcement Agency decision to keep marijuana as a Schedule 1 drug— one deemed to have no legitimate medical uses. Bennett Black would beg to differ. He is among nearly 34,000 Arizonans who have state permission to use marijuana. We met at noon on Thursday, along with his parents and his service dog Aggie,who is trained to call for help when a seizure occurrs. Black hadn't eaten for 22 hours when we met.At most, he says he has one meal a day and only then because the marijuana temporarily eases the nausea,giving him a window of opportunity to eat. "All you have to do is see someone in my situation and see how much it helps and they would completely feel differently," Black told me. "They would go from being against it to for it in the blink of an eye." Cindy says the program has given dignity to people like her son,who can now obtain the drug legally to ease his nausea and stimulate his appetite. "It saved his life," she told me. "I will go to my grave knowing he would have been dead." Mel McDonald says a repeal would have the effect of turning his wife into a criminal. Mothers will do what they must, after all. Who among us wouldn't? ok►. If people are abusing the law, McDonald says we should go after the abusers, not the patients whose lives are often transformed because they can get legal access to relief. "There are tens of thousands of people that marijuana genuinely helps," he said. "We've been to the best doctors in the world for Bennett,from chiefs of staff on down. Nobody gave us a medication to take away the nausea and enable him to eat. It isn't out there except marijuana. If there was a magic pill somebody could give us that would cure the nausea and let him eat we would take the pill but marijuana is the only thing that works... "One of the tough things is for me not to pick up the phone and call Tom Horne or Bill Montgomery, both of whom are friends of mine and who I know well, and just say, 'For hell sakes,there's people that really need this. if there's a problem,tighten the laws to stop the abuse but don' t take the medicine away from the patient.'" (Column published Feb. 2, 2013, The Arizona Republic.) March 21st,2013 Mr. Robert Rodgers Senior Planner Development Services 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Resubmission with�evised Building Plan#37-61 Dear Robert, Our application for a building permit also includes requirements from Chapter 24 of The - Town of Fountain Hills"Medical Marijuana Uses (24.02)Location Restrictions."To address those requirements,Nature's AZ Medicines,Inc.provides the following documentation of zoning compliance consistent with The Town of Fountain Hills rules and restrictions. Please reference Exhibit#1 furnished by the landlord of our building permit address in Fountain Hills, AZ, at 16913 East Enterprise Drive,Units 201 and 202. Your letter to Property Owner,Vladimir Buer,is your confirmation that all zoning criterion have indeed been met. 1/41141. The following addresses Section 24.03 Requirements for a medical marijuana dispensary in the Town of Fountain Hills,AZ. A. 1.Exhibit#2 is a notarized authorization from the property owner,Vladimir Buer, acknowledging and consenting to the prosed use of his property at 16913 E. Enterprise Drive for the purposes of dispensing Medical Marijuana under license from the Arizona Department of Health Services. 2.The Legal name of the Medical Marijuana Dispensary in Fountain Hills is Nature's AZ Medicines,Inc. 3.My application is for a dispensary only_ I do not plan to have a cultivation facility within the Town of Fountain Hills at any time in the foreseeable future. 4.Corporate Officer and Principal Manager:Mark Steinmetz, 8143 East Quarterhorse Trail,Scottsdale,AZ 85258.Birthdate May 3rd, 1957. 5.This is an application for an Arizona Department of Health Services Licensed Medical Marijuana Dispensary,not a caregiver collective.At present,I am currently the only corporate officer and licensed dispensary agent,although I will be hiring at least four other employees who will be registered through ADHS as a licensed agent with assigned responsibilities within the Fountain Hills dispensary location. My name is Mark Steinmetz, 8143 East Quarterhorse Trail, Scottsdale,AZ 85258, and Birthdate May 314, 1957. The Town of Fountain Hills has a copy of my valid ADHS Dispensary Agent card#0051690DARW926905002. 6.A copy of our operating manual is attached as Exhibit#3.It contains procedures adopted in compliance with ARIZ.REV. STAT. 36-2804(B)(1) (c). It is should be noted that although these operating procedures have already been accepted with my initial application with ADHS,I intend to evolve our systems into a best practices industry model through the acquisition of more sophisticated CMS,Inventory Control software. The inventory control, accounting,and employee/customer policies and procedures using this new software will be submitted with our final application for inspection to ADHS and will exceed ADHS minimum stands. 7.Exhibit#4 The ADHS Principal Officer and Board Member Attestation Form has been submitted in a notarized form as per your 24.03 Ordinance requirement.It attests to the fact that I have never been convicted of a felony offense,specifically ARS 13-901.03(B)and ARS 2811. 8.Exhibit#5 States with Witness of a Notary: I do hereby certify that none of the 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. 9.Exhibit#6 Shows a floor plan showing the location,dimensions and type of security measures demonstrating that the medial marijuana dispensary or medical marijuana Cultivation location will be secured, enclosed and locked as required by law. 10.Please reference Exhibit#1 Zoning Verification Letter from Senior Planner,Robert Rodgers.This letter verifies that all minimum separations have been met from the nearest Cow property boundary of the parcel containing the medical marijuana dispensary location to the property boundary of the parcel containing any existing uses listed in subsection 24.02(B)above. Mr.Robert Rodgers has also indicated that none of these uses are located within 50 feet of the minimum separation. B. Nature's AZ Medicines,Inc. in Fountain Hills shall initially operate within the hours of 9:00AM to 5:00PM Monday through Friday as required by Section 24.03 B Requirements. I have submitted a variance request to The Board of Adjustment making it known for the record that Proposition 203 allows for all Arizona municipalities to extend patient hours any time within the boundaries of 7:00AM and 10:00PM.Although I will abide by current local Town of Fountain Hills regulation,I have sought a variance to these rules to allow patients with full time traditional day shift jobs to access medicine outside of working hours. C. Nature's AZ Medicines,Inc.,operating as a medical marijuana dispensary represents that it shall: 1.Be housed within a permanent building. 2.Not offer"drive-through"service. 3. Will not emit dust,fumes,vapors or odors into the environment. 4.Will not provide offsite delivery of medical marijuana. c 5.Prohibit consumption of marijuana on the premises. 6.Although Nature's AZ Medicines,Inc.is housed in a business condominium complex that for many years has features an outdoor seating area between its two primary building units with a single concrete table and bench. It has been agreed that we will post a sign clearly viewed by anyone within the outdoor seating area which strictly prohibits the consumption of medicine in this seating area. 7 Nature's AZ Ni�dicines,111707Foimtain Hills will displaycurren own of mountain Hills business license and a State of Arizona tax identification number. 8.The Nature's AZ Medicines,Inc.,security plan and building drawings show that we will install lighting to illuminate the exterior and interior of the building and all entrances and exits to the facility.Exterior lighting shall be five foot candles,measured at ground level,and shall remain on during all hours between sunset and sunrise each day.Twenty-four(24)hours each day,the medical marijuana dispensary or medical marijuana cultivation location shall illuminate the entire interior of the building,with particular emphasis on the locations of any counter,safe, storage area and any location where people are prone to congregate.The lighting will be of sufficient brightness to ensure that the interior is readily visible from the exterior of the building from a distance of one hundred(100)feet. 9.Nature's AZ Medicines,Inc.Fountain Hills shall hire and retain security guards at the main entrances and exits during all hours of operation.For the purposes of this Chapter, "security guard" shall mean licensed and duly bonded security personnel registered pursuant to ARTZ.REV. STAT. §32-2601 et seq.Although this definition does not address whether or not these guards should be"armed"we will assume that they will be armed guards unless otherwise instructed by appropriate officials from The Town of Fountain Hills. Prior to opening for business,Nature's AZ Medicines,Inc.,Fountain Hills will provide all property owners within a 500 foot radius of the medical marijuana dispensary location with written notification via first class U.S.Mail of the security individuals responsible for providing dispensary security services. 10.Nature's AZ Medicines,Inc.understands that if determined necessary by the Town Manager at any time,the medical marijuana dispensary shall provide a neighborhood security guard patrol for a five hundred foot radius surrounding the medical marijuana dispensary during all or specified hours of operation. 11.Nature's AZ Medicines,Inc. shall have an exterior appearance compatible with commercial structures already constructed or under construction within the immediate neighborhood to insure against blight,deterioration,or substantial diminishment or impairment of property values in the vicinity. 12.Nature's AZ Medicines,Inc.has already talked with Sheriff Joe Arpaio and Captain Joe Rodriguez about allowing unrestricted access by 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.Nature's AZ L Slow' • Medicines,Inc.will strive to be the gold standard for dispensaries throughout the State of Arizona. 13.Nature's AZ Medicines shall not display signs,or any other advertising matter used in connection with the medical marijuana dispensary or medical marijuana cultivation of any offensive nature and such signs shall in no way be contrary to the Town code,or obstruct the view of the interior of the premises viewed from the outside. 14NutareA 1VIc�sIn-a shall comply witkll of er app icahle property development and design standards of the Town of Fountain Hills. D. To ensure that the operations of Nature's AZ Medicines,Inc.,medical marijuana dispensaries are in compliance with Arizona law and to mitigate any possible,however unlikely adverse secondary effects from operations of a dispensary,Natures AZ Medicines,Inc.shall operate in compliance with the following standards: 1. Nature's AZ Medicines,Inc.shall not employ a doctor within its dispensary building to issue a written certification on-site for medical marijuana. 2.Nature's AZ Medicines will not sell alcohol,tobacco or food(other than medibles), and that under no circumstances shall there be on-site consumption of food,alcohol,tobacco or medical marijuana in any form. We have sought a variance to clarify the sale of medical edible foods,and to provide free water to our patients within the waiting room areas.I believe this is required by state law if a patient customer should ask for water.It should also be noted that many patients are restricted from smoking and can only benefit from medical cannabis in ingestible forms. These"medibles"will be purchased in frozen form,and as with vaporized or smokable medicines,these medibles shall not be consumed anywhere near the premises of the dispensary. 3.Nature's AZ Medicines,Inc.,dispensaries shall only dispense medical marijuana to qualified patients and their designated caregivers as defined in ARIZ.REV. STAT. §36-2801 et seq. 4.Nature's AZ Medicines,Inc.Medical marijuana dispensaries shall notify patrons of the following;both verbally and through the posting of a sign in a conspicuous location directly behind the security officers desk at the entrance of medical marijuana dispensary while the patients AZDH card is being scanned and checked for admittance: a.Use of medical marijuana shall be limited to the patient identified on the doctor's written certification. Secondary sale,barter or distribution of medical marijuana is a crime and can lead to arrest. b.Patrons must immediately leave the site and not consume medical marijuana until at home or in an equivalent private location.Medical marijuana dispensary staff shall monitor the site and vicinity to ensure compliance. 5.Nature's AZ Medicines,Inc.medical marijuana dispensaries shall not provide marijuana to any individual in an amount not consistent with personal medical use or in violation of state law and regulations related to medical marijuana use. olow 6.Nature's AZ Medicines,Inc.,medical marijuana dispensary shall not store more than two hundred dollars($200.00)in cash overnight on the Fountain Hills premises. 7.Any qualified patient under eighteen(18)years of age shall be accompanied by a parent or legal guardian.Except for such parent or legal guardian,no persons other that qualified patients and designated caregivers shall be permitted within a medical marijuana dispensary premises. 8.Nature's AZ Medicines,Inc.,medical marijuana dispensary in Fountain Hills 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. I look forward to operating a responsible medical Marijuana dispensary to serve the patients of Fountain Hills.Please direct any remaining questions to me at either my email address or telephone number below. Sincerely, fir, 142441/ Mark Steinmetz President/CEO Nature's AZ Medicines,Inc. (602)717-1227 mark.steinmetz(a?cox.net L Town of Fountain Hills Section 24.03 Requirements A 7. MEDICAL MARIJUANA DISPENSARY AGENT ATTESTATION I,Mark S.Steinmetz, attests that: •I have not been convicted of any felony offense ever in my past,including the excluded felony crime as defined in A.R.S. § 13-901.03 (B);nor have I ever been convicted under ARS 36-2811. +'ter r1- / Date 3rl rye i Signature Date 3(1303 Notary Public STATE OF ARIZONA cowry OF MARICOPA5ss. 2,�4 � inahum was acknoyilgiged before me this J da of,20 ,by 5- `Qlt`tt Z J roes hereof I set y hand and official seat. r it� •Km CAI i!' 04 MICHELLE R. ROBERTS Ovtiz Notary PubNC•State of Afton* c .,� •` MARICOPACOUNTY • ,• 74f Commission Expires Sept.7 2at6 _ Arizona Medical Marijuana Program JANICE K.BREWER,GOVERNOR xslzoa P.O,BOX 19000 WILL HUMBLE, DIRECTOR r, Department nt of Phoenix,AZ 85005 Health Services _NATURES AZME.QLC1N-ESSI JC Re:MARK STEINMETZ 8143 E QUARTERHORSE TRL SCOTTSDALE AZ,85258 Dear Dispensary Agent: This card shall serve as your Arizona Medical Marijuana Registry Identification Card. Please carry this card with you at all times while working in your position as a Dispensary Agent and while in possession of medical marijuana as part of your employment or volunteer assignment at the dispensary. If this is a second card that has been re-issued due to a change request or other circumstances,please be advised that this card is not considered valid until the issued date listed on the card. 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