Re: Text Amendment re: Medical Marijuana Dispensaries - ScottsdaleAZ

[Pages:7]September 11, 2020

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Zoning Administrator Planning & Development Services City of Scottsdale 7447 East Indian School Road, Suite 105 Scottsdale, AZ 85251

Re: Text Amendment re: Medical Marijuana Dispensaries

Dear Zoning Administrator:

Please accept this letter and the attached application documents as a formal written request for a Text Amendment regarding land use regulation of medical marijuana. In light of how restrictive the Scottsdale zoning ordinance is with regard to medical marijuana placement, and will continue to be even with the approval of this Text Amendment, this request represents a reasonable means of enabling a needed dispensary in the highly underserved Scottsdale South CHAA, while still placing incredibly high boundaries on the potential of any additional locations in Old Town area. In support of this request, we submit the following facts and information:

? In more urban, downtown areas, there is an expectation and even a preference that businesses, services, residents, and other land uses are in closer proximity to one another than would be found in more suburban areas. In fact, such uses in urban areas are often positioned side-by-side or vertically integrated within the same complex. Such proximity is a key element and principle of downtown planning and the creation of desired, walkable communities. It is therefore reasonable to expect land uses, even protected uses, to be more proximate to one another in an urban setting.

? The Downtown area of Scottsdale is an urban setting.

? The Downtown area of Scottsdale is located within the State designated "Scottsdale South" Community Health Analysis Area (CHAA). The Arizona Department of Health Services (ADHS) has seen fit to issue a new medical marijuana license for the Scottsdale South CHAA. 4-TA-2020 9/17/2020

? In fact, ADHS has identified this CHAA as one of the most underserved in the entire State based on number of patient licenses and lack of available dispensaries.

? The 2016 update to the City of Scottsdale medical marijuana ordinance significantly increased the separation distances required to locate a medical marijuana use. While this update served a purpose in most areas of the City, when combined with the lack of available zoning districts which permit the use, the new ordinance has essentially "zoned-out" the use, making it a near impossibility to located within the Scottsdale South CHAA.

? General Plan Consideration:

Land Use Goal #4, Policy 1 - Allow for a diversity of residential uses and supporting services that provide for the needs of the community.

Land Use Goal #8, Policy 3 - Promote development patterns and standards that are consistent with the surrounding uses and reinforce an area's character.

Land Use Goal #9, Policy 1 - Incorporate a diverse range of residential and non-residential uses and densities within mixed-use neighborhoods

Land Use Goal #9, Policy 4 - Encourage compact mixed-use, pedestrian oriented development patterns, at urban densities, that limit the demand for parking and unnecessary automobile trips, and support alternative modes of mobility.

? Response: The proposed amendment is in conformance with numerous Goals and Policies of the General Plan, including those noted above. Medical Marijuana is a supporting service that is clearly lacking in the Southern part of the City. Downtown is a designated Mixed-Use Neighborhood where an expectation of compact, mixed variety of uses is expected and encouraged. The existing development pattern and character of Downtown is one of variety with retail, restaurant, bars, hotels. residential and supporting services. The proposed use is in-line with this varied character.

? Old Town Character Area Consideration:

Land Use Policy 6.2 - Support downtown sustainability by encouraging vertical mixed-use development with land uses near one another.

Text Amendment ? Supporting Information

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Land Use Policy 6.4 - Support interconnected, pedestrian oriented Old Town districts that are comprised of a balanced mix of activities and land uses within optimal walking distance (approximately one-quarter mile).

Economic Vitality Policy 2.2 - Promote a mix of daytime/nighttime activities year-round through residential and commercial development in Old Town.

Economic Vitality Policy 2.7 - Attract and retain a broad array of economic activities that widen the appeal of Old Town and strengthen the city's tax base.

? Response: The proposed amendment furthers numerous Goals and Policies of the Old Town Character Area Plan including those listed above. Positioning land uses in close proximity to one another is a stated goal of the Downtown area to enable optimal pedestrian connectivity. Medical marijuana is one of the fastest growing industries in the America ? THE fastest according to some reports. Including a dispensary in Downtown not only enhances the mix of daytime / nighttime uses in the area, it also enables the City to further strengthen its tax base with a growing industry.

We appreciate your consideration. Please feel free to contact me if you have any questions, or if you need any additional information to process this matter. Thank you.

Sincerely yours, WITHEY MORRIS, P.L.C.

By George Pasquel III

Text Amendment ? Supporting Information

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PROPOSED TEXT AMENDMENT LANGUAGE

Section 1.400 ? Conditional Use Permit Section 1.403 M. Medical marijuana use.

1. Active Permitted Uses Existing as of September 30, 2016. Active Medical marijuana uses legally established and operating under a valid Conditional Use Permit before September 30, 2016, including extensions, renewals, and amendments to existing approvals, shall be subject to the following conditions: a. All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended. b. The medical marijuana use is at least five hundred (500) feet from the following uses within the City limits: (1) Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., and (2) Any elementary or secondary school or pre-school. c. The medical marijuana use is at least one thousand three hundred twenty (1,320) feet from the following uses within the City limits: (1) Medical marijuana caregiver cultivation use, or (2) Another medical marijuana use. However, no separation between these uses is required in the Industrial Park District I-1 where a medical marijuana caregiver cultivation use or a medical marijuana use hold a state issued caregiver registry identification card and/or a nonprofit medical marijuana dispensary registration certificate under the same name or organization. d. All distances are measured from the wall of the medical marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above. e. The property owner has provided a written exterior refuse control plan, subject to City approval. f. f. The property owner has provided a written public safety plan, subject to City approval. g. g. The hours of operation for a medical marijuana use that provides, shares, exchanges, sells, or dispenses medical marijuana are no earlier than 6:00 a.m. and no later than 7:00 p.m. h. h. There is no drive-through service, take-out window, or drive-in service.

2. Permits Issued After September 30, 2016. Medical marijuana uses seeking a Conditional Use Permit after September 30, 2016, shall be subject to the following conditions: a. All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended. b. The medical marijuana use is at least one thousand five hundred (1,500) feet from the following uses within the City limits:

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(1) Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

(2) Any elementary or secondary school or pre-school. (3) Any Place of worship. (4) Any Day care. (5) Any Public park. c. Within the Downtown (D) District , the medical marijuana use is at least six hundred and fifty (650) feet from the following uses within the City limits: (1) Any residential use in a residential district shown on Table 4.100.A., or the

residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A, if the residential use is separated by an arterial road. If not separated by an arterial road, the requirements of Section 1.403.M.2.b shall apply. (2) Any elementary or secondary school or pre-school. (3) Any Place of worship. (4) Any Day care. (5) Any Public park. c.d. The medical marijuana use is at least two thousand six hundred forty (2,640) feet from the following uses within the City limits: (1) Medical marijuana caregiver cultivation use, or (2) Another medical marijuana use. However, no separation between these uses is required in the Industrial Park I-1 where a medical marijuana caregiver cultivation use and a medical marijuana use hold a state issued caregiver registry identification card and a nonprofit medical marijuana dispensary registration certificate, respectively, under the same name or organization. d.e. All distances are measured from the wall of the medical marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above. e.f. The property owner has provided a written exterior refuse control plan, subject to City approval. f.g. The property owner has provided a written public safety plan, subject to City approval. g.h. The hours of operation for a medical marijuana use that provides, shares, exchanges, sells, or dispenses medical marijuana are no earlier than 6:00 a.m. and no later than 7:00 p.m. h.i. There is no drive-through service, take-out window, or drive-in service.

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PROPOSED TEXT AMENDMENT LANGUAGE MEDICAL MARIJUANA IN THE DOWNTOWN AREA

Section 1.403 M. Medical marijuana use.

1. Active Permitted Uses Existing as of September 30, 2016. Active Medical marijuana uses legally established and operating under a valid Conditional Use Permit before September 30, 2016, including extensions, renewals, and amendments to existing approvals, shall be subject to the following conditions: a. All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended. b. The medical marijuana use is at least five hundred (500) feet from the following uses within the City limits: (1) Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., and (2) Any elementary or secondary school or pre-school. c. The medical marijuana use is at least one thousand three hundred twenty (1,320) feet from the following uses within the City limits: (1) Medical marijuana caregiver cultivation use, or (2) Another medical marijuana use. However, no separation between these uses is required in the Industrial Park District I-1 where a medical marijuana caregiver cultivation use or a medical marijuana use hold a state issued caregiver registry identification card and/or a nonprofit medical marijuana dispensary registration certificate under the same name or organization. d. All distances are measured from the wall of the medical marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above. e. The property owner has provided a written exterior refuse control plan, subject to City approval. f. f. The property owner has provided a written public safety plan, subject to City approval. g. g. The hours of operation for a medical marijuana use that provides, shares, exchanges, sells, or dispenses medical marijuana are no earlier than 6:00 a.m. and no later than 7:00 p.m. h. h. There is no drive-through service, take-out window, or drive-in service.

2. Permits Issued After September 30, 2016. Medical marijuana uses seeking a Conditional Use Permit after September 30, 2016, shall be subject to the following conditions: a. All operations are conducted within a completely enclosed building, in conformance with Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, and regulations issued thereunder, as amended. b. The medical marijuana use is at least one thousand five hundred (1,500) feet from the following uses within the City limits:

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(1) Any residential use in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

(2) Any elementary or secondary school or pre-school. (3) Any Place of worship. (4) Any Day care. (5) Any Public park. c. The medical marijuana use is at least two thousand six hundred forty (2,640) feet from the following uses within the City limits: (1) Medical marijuana caregiver cultivation use, or (2) Another medical marijuana use. However, no separation between these uses is required in the Industrial Park I-1 where a medical marijuana caregiver cultivation use and a medical marijuana use hold a state issued caregiver registry identification card and a nonprofit medical marijuana dispensary registration certificate, respectively, under the same name or organization. d. Within the Entertainment District of the Old Town Character Area, the medical marijuana use is at least seven hundred and fifty (750) feet from the following uses within the City limits: (1) If separated by an arterial road, any residential use in a residential district shown on

Table 4.100.A., or the residential portion of a Planned Community PC or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. If not separated by an arterial road, the requirements of Section 1.403.M.2.b shall be applicable. (2) Any elementary or secondary school or pre-school. (3) Any Place of worship. (4) Any Day care. (5) Any Public park. e. Within the Entertainment District of the Old Town Character Area, the medical marijuana use is at least five thousand two hundred and eighty (5280) feet from the following uses within the City limits: (1) Medical marijuana caregiver cultivation use, or (2) Another medical marijuana use. However, no separation between these uses is required in the Industrial Park I-1 where a medical marijuana caregiver cultivation use and a medical marijuana use hold a state issued caregiver registry identification card and a nonprofit medical marijuana dispensary registration certificate, respectively, under the same name or organization. d.f. All distances are measured from the wall of the medical marijuana use nearest to the district(s) or use(s) indicated above, to the nearest property line of the district(s) or use(s) indicated above. e.g. The property owner has provided a written exterior refuse control plan, subject to City approval. f.h. The property owner has provided a written public safety plan, subject to City approval. g.i. The hours of operation for a medical marijuana use that provides, shares, exchanges, sells, or dispenses medical marijuana are no earlier than 6:00 a.m. and no later than 7:00 p.m. h.j. There is no drive-through service, take-out window, or drive-in service.

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4/24/2019

Sec. 5.3000. - Downtown (D).

Scottsdale, AZ Code of Ordinances

Editor's note-- Ord. No. 3987, ? 1(Res. No. 8948, ? 1(Exh. A, ? 18), adopted November 14 2012, repealed former ?? 5.3000--5.3090 and enacted new provisions designated as new ?? 5.3000--5.3008. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

Sec. 5.3001. - Purpose.

A. The purpose of the D District is to provide use regulations and development standards to implement the Downtown Plan and the Downtown Plan Urban Design & Architectural Guidelines. The Downtown Area is planned as a concentration of a variety of uses and community interests in a small geographic area comprised of several sub-districts. In order to support a high quality urban development pattern the D District is intended to: 1. Preserve and protect the character of the diverse collection of vibrant mixed-use pedestrian-oriented districts; 2. Promote an enhanced, pedestrian-oriented, streetscape environment on certain key streets in the Downtown Area; 3. Encourage commercial and residential land uses that activate the streetscape; 4. Create different building setback requirements that fit into the existing character of the district, the classification of the adjacent streets, and the multi-modal transportation network; 5. Establish and enhance connectivity in and around the Downtown Area and districts, focusing on walkability and other modes of transportation; 6. Incorporate contextually sensitive planning, architecture and urban design; 7. Promote sustainability with sensitivity to the Sonoran Desert; 8. Promote arts and culture; 9. Support economic vitality through public-private participation; and 10. Continue to have Old Town Scottsdale recognized as a premier destination.

(Ord. No. 3987, ? 1(Res. No. 8948, ? 1(Exh. A, ? 18), 11-14-12; Ord. No. 4355, ? 1(Res. No. 11190, ? 2, Exh. A), 7-2-18)

Sec. 5.3002. - Applicability. The D District shall only be applied to property within the Downtown Area.

(Ord. No. 3987, ? 1(Res. No. 8948, ? 1(Exh. A, ? 18), 11-14-12) Sec. 5.3003. - Downtown District sub-districts.

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