Title
Public Hearing - Amend City Code and Ordinance Adoption - Medical Marijuana Dispensary Size - Z-TA-4-20 (Ordinance G-6746)
Description
Request to hold a public hearing on a proposed text amendment Z-TA-4-20 and to request City Council approve Z-TA-4-20 as proposed which amends Chapter 6, Sections 623 (Commercial C-2 District - Intermediate Commercial) and 627 (Industrial A-1 District - Light Industrial District) of the Phoenix Zoning Ordinance, to allow increasing the maximum net floor area for nonprofit medical marijuana dispensaries as recommended by the Planning Commission.
Report
Summary
Application: Z-TA-4-20
Proposal: Amend Chapter 6, Sections 623 (Commercial C-2 District - Intermediate Commercial) and 627 (Industrial A-1 District - Light Industrial District) of the Phoenix Zoning Ordinance to increase the maximum net floor area for nonprofit medical marijuana dispensaries.
Applicant: Gammage & Burnham, PLC, Lindsay Schube
Representative: Gammage & Burnham, PLC, Lindsay Schube
The intent of this text amendment request is to amend Chapter 6, Sections 623 (Commercial C-2 District - Intermediate Commercial) and 627 (Industrial A-1 District - Light Industrial District) of the Phoenix Zoning Ordinance to increase the maximum net floor area for nonprofit medical marijuana dispensaries.
The voters of the State of Arizona passed the Arizona Medical Marijuana Act (AMMA), Proposition 203, on Nov. 2, 2010. Jurisdictions adopted the local zoning regulations before the State rules were adopted. Phoenix established a dispensary size limitation to be no larger than 2,000 square feet which includes all storage areas, retail and office space, patient lobby and check-in area, bathrooms, mechanical room, hallways, etc. This limits the retail space to between 700 and 900 square feet which is less than half of the allowable square footage. An increase in dispensary size will allow dispensaries to respond to a sustained increase in demand for medicine, improved patient privacy, and align the City’s size limitation for dispensaries with other jurisdictions and previous variance approvals. Two dispensaries were granted variances to increase the dispensary size from 2,000 to 5,000 square feet since 2019. Exhibit B provides a summary of other jurisdictions’ regulations for nonprofit medical marijuana dispensary sizes. Phoenix is currently at the lower end of the size restrictions while several cities do not limit dispensary sizes at all.
The Arizona Department of Health Services has reported yearly increases in the number of registered patients and the amount of medical marijuana purchased since the passage of Proposition 203. Based on the numerous reviews of existing non-profit medical marijuana dispensaries, there are not significant public safety issues or detrimental effects from these establishments. The proposed amendment will not change the number of licensed non-profit medical marijuana dispensaries within Phoenix.
The Phoenix General Plan established Five Core Values for the City. One of the Core Values is Connecting People and Places. One of the goals this Core Value promotes is the activation of underutilized property. The goal states, “vacant and underdeveloped land in the older parts of the City should be developed or redeveloped in a manner that is compatible with viable existing development and the long-term character and goals of the area.” Many of the non-profit medical marijuana dispensaries have located in existing vacant buildings in older parts of the City.
Concurrence
Staff Recommendation: Staff recommends approval of Z-TA-4-20, per the Attachment B - Staff Report Exhibit A language.
VPC Action: The request was heard by all fifteen Village Planning Committees and all recommended approval, per the staff recommendation, as reflected in Attachment C - VPC Summary.
PC Action: The Planning Commission heard this case on Sept. 3, 2020 and recommended approval, per the language in Exhibit A of the Staff Report by a 7-1 vote, as reflected in Attachment D - PC Summary.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and Development Department.