Planning Commission Report

9/15/22, 12:07 PM Print Agenda Item

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© PLANNING COMMISSION REPORT
Glendale
CASE: Amendment to ZO Sec. 7.800 Medical Marijuana
CASE #: ZTA22-01
MEETING DATE: 09/22/2022
FROM: George Gehlert, Senior Planners, Planning, ggehlert@glendaleaz.com,
: 623-930-2597
SUBJECT

ZTA22-01 - A request to amendment to the Glendale Zoning Ordinance, Section 7.800 (Medical
Marijuana) to allow dispensaries to locate within Light and Heavy Industrial zones (M1 and M-2);
removing the distance requirement between marijuana dispensaries and related cultivation and
product manufacturing facilities located within M-1 and M-2 zones; and requiring emission controls
for marijuana cultivating, dispensing and manufacturing facilities. Staff Contact: George Gehlert,
Senior Planner (623)930-2597.

REQUEST
Amend Section 7.800 of the Glendale Zoning Ordinance (Medical Marijuana).

APPLICANT/OWNER

City of Glendale Planning Commission.

REQUIRED ACTION

The Planning Commission must conduct a public hearing and determine if this request is consistent
with the General Plan and Zoning Ordinance.

SUMMARY
There are two principal concerns the City is attempting to address with the proposed code
amendment:

1. Containment of odors and emissions associated with marijuana dispensaries, cultivation
facilities or infusion/manufacturing facilities.

The proposed changes would amend the Glendale Zoning Ordinance, Sec. 7.800 (Medical
Marijuana), requiring submittal of a plan for containment of related dust, fumes, vapors and odors.

2. Enabling co-location of marijuana dispensaries, cultivation or infusion/manufacturing facilities
within the M-1 (Light Industrial) and M-2 (Heavy Industrial) zones.

The amendment would allow marijuana dispensary facilities (which are currently restricted to G-O,
C-2, and C-3 zones), to also locate in M-1 and M-2 zones, either independently or in association
with related marijuana cultivation or infusion/manufacturing facilities. This portion of the amendment
would eliminate the distance requirement between dispensaries, cultivation or manufacturing
facilities, which are located in the M-1 and M-2 zones, enabling them to also co-locate. However,

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9/15/22, 12:07 PM Print Agenda Item

dispensaries would still be required to locate a minimum of one mile (5,280 feet) from another
dispensary, regardless of whether they are located independently or co-located with a cultivation or
infusion/manufacturing facility.

BACKGROUND INFORMATION
Specific code changes include the following:

7.801 (Medical Marijuana Dispensary Offsite Cultivation Location).

e Eliminated “offsite” reference in association with cultivation facility.

e Adds a requirement for submittal and approval of a plan for containment of related dust,
fumes, vapors and odors.

e Eliminated the distance requirement between other cultivation facilities, dispensaries and
related product manufacturing facilities within M-1 and M-2 zones.

e Permits the location of dispensaries within M-1 and M-2 zones.

e Adds a requirement for submittal and approval of a plan for containment of related dust,
fumes, vapors and odors.

¢ Eliminates the distance requirement between dispensaries, related cultivation and
infusion/manufacturing facilities within M-1 and M-2 zones. Dispensaries are still required to
locate a minimum of 5,280 feet from another dispensary.

7.803 (Medical Marijuana Infusion (or Manufacturing) Facility).

e Adds a requirement for submittal and approval of a plan for containment of related dust,
fumes, vapors and odors.

¢ Eliminates the distance requirement from other infusion/manufacturing facilities, related
cultivation and dispensary facilities, within M-1 and M-2 zones.

CITIZEN PARTICIPATION TO DATE:

Applicant’s Citizen Participation Process:

On July 6, 2022, the applicant mailed notification letters to adjacent property owners and interested
parties regarding the proposal as well as a related online neighborhood meeting scheduled for July
20, 2022. Three members of the public participated (industry representatives). One email was
received in opposition from a member of the public. No other responses have been received. The
Citizen Participation Final Report is attached.

Planning Commission Public Hearing:

A Notice of Public Hearing was published in The Arizona Republic on August 31, 2022. Notification
postcards of the public hearing were mailed to adjacent property owners and interested parties on
September 2, 2022.

STAFF FINDINGS AND ANALYSIS

Staff finds that the proposed code amendment addresses the emission concerns; as well as

accomplishes the objective of enabling co-location of specific Marijuana facilities within the city’s

industrial zones (M-1 or M-2).
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9/15/22, 12:07 PM Print Agenda Item

RECOMMENDATION
Staff recommends approval of ZTA22-01 as presented.

PROPOSED MOTION
Move to recommend approval of ZTA22-01 as presented.

Attachments
Text Amendment
Citizen Participation Plan - Final Report
Letter
Presentation

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Section 7.800 Medical Marijuana.

7.801 Medical Marijuana Dispensary

A Medical Marijuana Dispensary

e Cultivation Location shall be permitted only in the Light Industrial

(M-1) and Heavy Industrial (M-2) zoning districts, subject to the following conditions and limitations:

A.

Applicant shall provide:

1. Name(s) and location(s) of the affiliated offsite medical marijuana dispensary associated with the
cultivation operation.

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A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)}(c).

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A survey sealed by a registrant of the State of Arizona showing the location of the nearest
medical marijuana dispensary or cultivation location if within 10,560 feet.

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Site plan, floor plan, building permits for occupancy change, and a security plan.

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If the application is by an agent for the owner of the property, the owner's authorization must
include an explicit acknowledgement from the owner that the owner knows that the proposed
use of the property is as a medical marijuana offsite cultivation location.

Shall be located in a permanent building and may not be located in a trailer, cargo container or motor
vehicle.

Shall not permit on-premise consumption.
Shall not be located within 5,280 feet of

Medical Marijuana Designated Caregiver Cultivation Location. This distance shall be measured from the
exterior walls of the building or portion thereof in which the businesses are conducted or proposed to
be conducted.

Shall not be located within 1,320 feet of a residentially zoned property. This distance shall be measured
in a straight line from the exterior walls of the building or portion thereof in which the business is
conducted or proposed to be conducted to the zoning boundary line of the residentially zoned
property.

Shall not be located within 1,320 feet of an elementary, secondary or high school. This distance shall be
measured in a straight line from the exterior walls of the building or portion thereof in which the
business is conducted or proposed to be conducted to the property line of the protected use.

Shall provide for proper disposal of marijuana remnants or by-products, and not to be placed within
the facility's exterior refuse containers.

There shall be no emission of dust, fumes, vapors, or odors into the environment from the facility.
There shall be no retail sales at the facility.

The offsite cultivation location must comply with the security requirements of A.R.S. Title 36, Chapter
28.1.

Shall be a maximum 25,000 gross square feet.

Created: 2021-09-18 12:07:29 [EST]

(Supp. No. 98)

Page 1 of 4

(Ord. No. 2763, § 1, 2-22-11)

7.802 Medical Marijuana Dispensary.

Medical Marijuana Dispensary shail be permitted only in the General Office (G-O), General Commercial (C-2),
and Heavy Commercial (C-3), Light Industrial (M-1) and Heavy Industrial (M-2) zoning districts subject to the
following conditions and limitations:

A.

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Applicant shall provide:
41. Name and location of the offsite cultivation location, if applicable.
2. Acopy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c).

3. Asurvey sealed by a registrant of the State of Arizona showing the location of the nearest
medical marijuana dispensary or cultivation location if within 10,560 feet.

4. Site plan, floor plan, building permits for occupancy change, and a security plan.

5. _ If the application is by an agent for the owner of the property the owner's authorization must
include an explicit acknowledgement from the owner that the owner knows that the proposed
use of the property is as a medical marijuana dispensary.

Shall be located in a permanent building and may not be located ina trailer, cargo container or motor
vehicle.

Shall not provide outdoor seating.
Shall not permit on-premise consumption.
Shall be a maximum 6,000 gross square feet.

Shall not be located within 5,280 feet of any other Medical Marijuana Dispensary,

or
Medical Marijuana Designated Caregiver Cultivation Location. This distance shall be measured from the
exterior walls of the building or portion thereof in which the businesses are conducted or proposed to
be conducted.

Shall not be located within 500 feet of a residentially zoned property. This distance shall be measured
in a straight line from the exterior walls of the building or portion thereof in which the business is
conducted or proposed to be conducted te the zoning boundary line of the residentially zoned
property.

Shall not be located within 1,320 feet of an elementary, secondary or high school. This distance shail be
measured in a straight line from the exterior walls of the building or portion thereof in which the
business is conducted or proposed to be conducted to the property line of the protected use.

Shall have operating hours not earlier than 8:00 a.m. and not later than 10:00 p.m.

Off-site delivery is permissible only if the dispensary maintains and accurately practices procedures and
policies that fully comply with A.R.S. Title 36, Chapter 28.1 and Arizona Administrative Code Title 9,
Chapter 17, or their successor statutes and rules, if any.

Drive-through services are prohibited.

Shall provide for proper disposal of marijuana remnants or by-products, and not to be placed within
the dispensary's exterior refuse containers.

~~ Created: 2021-@9-19 12:27:29 [EST]

(Supp. No. 98)

Page 2 of 4

M. There shall be no emission of dust, fumes, vapors, or odors into the environment from the dispensary.

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The dispensary must comply with the security requirements of A.R.S. Title 36, Chapter 28.1,

0. Aprominent and permitted sign stating "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE
PREMISES" shall be located in a place that is clearly visible to patrons of the dispensary. As depicted by
the signage, no loitering is allowed on or in front of the premises of the Medical Marijuana Dispensary.

P. Additionally, a security plan shall be submitted by the applicant in conjunction with design review
approval. The security plan shall include provisions for the following:

1. Analarm system with a redundant power supply and circuitry to prevent deactivation.

2. A video surveillance system that at all times records all interior areas and the exterior perimeter.
3. Alighting system that at all times illuminates the interior areas and the exterior perimeter.
4

A plan for the reprogramming of all security codes and keys in the event an employee resigns or
is terminated,

(Ord. No. 2763, § 1, 2-22-11; Ord. No. 018-16, § 1, 3-27-18; Ord. No. 019-47, § 1, 5-28-19)

7.803 Medical Marijuana Infusion (or Manufacturing) Facility.

Medical Marijuana Infusion (or Manufacturing) Facility shall be permitted only in the Light Industrial (M-1)
and Heavy industrial (M-2) zoning districts, subject to the following conditions and limitations:

A. Applicant shall provide:

i, Name(s) and location(s) of the affiliated offsite Medical Marijuana Dispensary associated with the
infusion (or manufacturing) facility.

2. A copy of the operating procedures adopted in compliance with A.R.S. §36-2804(B) (1) (c).

3. Asurvey sealed by a registrant of the State of Arizona showing the location of the nearest
Medical Marijuana Dispensary, Medical Marijuana Dispensary (No Cultivation), Medical
Marijuana Dispensary Offsite Cultivation Location, or Medical Marijuana Infusion (or
Manufacturing) Facility if within 10,560 feet.

4. _ Site plan, floor plan, building permits for occupancy change, and a security plan.

5. __ If the application is by an agent for the owner of the property, the owner's authorization must
include an explicit acknowledgement from the owner that the owner knows that the proposed
use of the property is for a medical marijuana infusion (or manufacturing) facility.

B. The Facility shall be located in a permanent building and may not be located in a trailer, cargo
container or motor vehicle.

C. The Facility shall not be located within 5,280 feet of any otf

us orManufael a Medical Marijuana Designated Caregiver Cultivation Location.
This distance shall be measired irom the exterior walls of the building or portion thereof in which the
businesses are conducted or proposed to be conducted.

D. The facility shall not be located within 1,320 feet of a residentially zoned property. This distance shall
be measured in a straight line from the exterior walls of the building or portion thereof in which the

Created: 2621-09-10 12:07:29 [EST]
(Supp. No. 98)

Page 3 of 4

I.
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K.

businesses are conducted or proposed to be conducted to the zoning boundary line of the residentially
zoned property.

The Facility shall not be located within 1,320 feet of an elementary, secondary or high school. This
distance shall be measured in a straight line from the exterior walls of the building or portion thereof in
which the business is conducted or proposed to be conducted to the property line of the protected
use.

The Facility shall provide for proper disposal of marijuana remnants or by-products, and not to be
placed within the facility's exterior refuse containers.

There shall be no emission of dust, fumes, vapors, or odors into the environment from the facility.
There shall be no retail sales at the facility.

Shall not permit on-premise consumption,

The Facility must comply with the security requirements of A.R.S. Title 36, Chapter 28.1.

Shall be a maximum 10,000 gross square feet.

(Ord. No. 2763, § 1, 2-22-11)

7.804 Medical Marijuana Designated Caregiver Cultivation Location.

Medical Marijuana Designated Caregiver Cultivation location shall be permitted only in the Light Industrial
(M-1) and Heavy Industrial (M-2) zoning districts, subject to all rules adopted by the Arizona Department of Health
Services and the following conditions and limitations:

A.

Shall be located in a permanent building and may not be located in a trailer, cargo container or motor
vehicle.

Shall not permit on-premise consumption.

The location shail provide for proper disposal of marijuana remnants or by-products, and not placed
within the location's exterior refuse containers.

There shall be no emission of dust, fumes, vapors, or odors into the environment from the location.
There shail be no retail sales at the location.

More than one designated caregiver may co-locate cultivation locations as long as the total cultivation
area does not exceed 250 square feet.

The designated caregiver location must comply with the security requirements of A.R.S. Title 36,
Chapter 28.1.

if the application is by an agent for the owner of the property, the owner's authorization must include
an explicit acknowledgement from the owner that the owner knows that the proposed use of the
property is for a medical marijuana designated caregiver cultivation location.

(Ord. No. 2763, § 1, 2-22-11)

Created: 2821-@9-10 12:07:29 [EST]

(Supp. No. 98)

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