Title
Public Hearing - Amend City Code - Medical Marijuana Dispensary Operating Hours - Z-TA-2-18 (Ordinance G-6529)
Description
Request to hold a public hearing to approve the proposed text amendment to the Zoning Ordinance, Z-TA-2-18, regarding Amending Chapter 6, Section 623 (Commercial C-2 District- Intermediate Commercial), and Section 627 (Industrial A-1 District - Light Industrial District) of the Phoenix Zoning Ordinance related to the operating hours for non-profit medical marijuana dispensaries.
Report
Summary
The intent of this proposed text amendment is to increase the operating hours for non-profit medical marijuana dispensaries within Phoenix. The Arizona Department of Health Services regulates the hours of operation of dispensaries across the state and has established a maximum of 10 p.m. at night across the state. Cities can require an earlier closing time, but cannot allow them to be open later than 10 p.m. Currently the City requires a 7 p.m. closing time, but there are some dispensaries that received a variance approval through the Zoning Adjustment Public Hearing process to allow them to stay open until 10 p.m. Staff proposes to allow all dispensaries to be open until 10 p.m. as outlined in Attachment A and Attachment B.
Concurrence/Previous Council Action
All 15 Village Planning Committees (VPCs) heard the item. Thirteen VPCs recommended approval per staff recommendation, one VPC recommended approval with three additional stipulations, and one VPC recommended denial. The detailed VPC results are outlined in Attachment C. The Planning Commission heard the item for information on May 3, and on June 7 recommended approval per staff recommendation as reflected in Attachment D.
The Medical Marijuana Dispensary Operating Hours text amendment TA-2-18 was approved by the Planning and Economic Development Subcommittee on Nov. 1 and approved per the Planning Commission's recommendation to allow dispensaries to be open until 10 p.m. by a vote of 4-0.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and Development Department.