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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 2/1/2018 MINUTES PLANNING COMMISSION COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY,FEBRUARY 1,2018 6:00 PM CALL TO ORDER The meeting was called to order at approximately 6:00 p.m. Commissioners Present: Commissioners Lenox, Moreno, Gallegos, Harper, Vice Chairperson Hirsch, and Chairperson Dobbelaere were present. Commissioner Absent: Commissioner Crow was absent. City Staff Present: Jim Cronk, Interim Planning Director, Thomas Ritz, AICP, Senior Planner, James Gruber, Chief Deputy City Attorney, and Diana Figueroa, Recording Secretary. CITIZEN COMMENTS Chairperson Dobbelaere called for citizen comments. There were none. APPROVAL OF MINUTES Chairperson Dobbelaere called for a motion to approve the Minutes. October 5, 2017 Planning Commission Regular Meeting — Commissioner Harper made a motion to approve the minutes as written.Commissioner Moreno seconded the motion which was approved with a vote of 6 to 0. October 19, 2017 Planning Commission Special Workshop -Vice Chairperson Hirsch made a motion to approve the minutes as written. Commissioner Lenox seconded the motion which was approved with a vote of 6 to 0. WITHDRAWALS AND CONTINUANCES Chairperson Dobbelaere asked if there were any Withdrawals and Continuances. There were none. PUBLIC HEARING ITEM Chairperson Dobbelaere called for the Public Hearing Item. 1. ZTA17-01: Zoning Text Amendment Medical Marijuana - This is a request by Tom Galvin of Rose Law Group to adopt a new Zoning Text Amendment (ZTA) pertaining to the regulation of Medical Marijuana Dispensaries. This will apply city-wide for properties that have the appropriate zoning for Medical Marijuana Dispensaries. Jim Cronk, Interim Planning Director,presenting. Mr. Jim Cronk, Interim Planning Director, stated this was a request by Tom Galvin of Rose Law Group to adopt a new Zoning Text Amendment pertaining to the regulation of Medical Marijuana 5 ,February 1,2018 Planning Commission Minutes Page 2 Dispensaries. He said this will apply city-wide for properties that have the appropriate zoning for Medical Marijuana Dispensaries. Mr. Cronk stated the proposed changes would permit the maximum size of a dispensary be increased to 6,000 square feet, where 2,000 square feet is the maximum size presently permitted, and the hours of operation be extended to 10:00 p.m., where hours of operation now are only permitted from 8:00 a.m. to 8:00 p.m. He noted that the proposed revisions to each section are outlined in the ordinance with the proposed revisions in legislative format. He also provided some information on what other cities in the valley are doing. He provided a brief history regarding this case. He explained that Proposition 203, the Arizona Medical Marijuana Act, was on the November 2, 2010 statewide ballot. The measure was approved by Arizona voters. Municipalities could create reasonable zoning regulations concerning the locations of the dispensaries within their jurisdictions. He said the League of Arizona Cities &Towns developed a model ordinance for cities and towns to adopt reasonable zoning restrictions for medical marijuana dispensaries. He explained that this ordinance is silent on size and hours of operation. Therefore, to implement Proposition 203 the Planning Division used the model ordinance as a guide and worked with other departments to create a Zoning Text Amendment for Medical Marijuana. He said this amendment was adopted by the City Council on February 22, 2011. Mr. Cronk stated that on August 31, 2017,the applicant mailed notification letters to all interested parties on all the city's interested parties list inviting them to any of three neighborhood meetings. The neighborhood meetings were held on Monday, September 18, 2017 at the Glendale Main Library, on Wednesday, September 20, 2017 at the Foothills Branch Library, and on Thursday, September 21, 2017 'at the Glendale Airport. At the Main Library six people attended, at the Foothills Library three attended, and at the Glendale Airport one attended. He remarked that comments and questions received at the neighborhood meetings included how large is a 2,000- square foot building, why is a larger building and longer hours needed, and what benefit will this change bring to the community. He also explained that there have been no notable issues with the police when asked. He stated the dispensary was strictly for medical use. Mr. Cronk stated this request appears to meet the required findings. The Planning Commission should recommend approval of the Zoning Text Amendment ZTA17-01. He said he would be happy to answer any questions. Chairperson Dobbelaere asked questions regarding the other two dispensaries in the city. He asked if they had commented on this case. Mr. Cronk responded they had not. -He added that they had received many letters for and against this amendment. He remarked on the three neighborhood meetings the applicant had to discuss this issue. Chairperson Dobbelaere asked if there were any limits on the number of dispensaries the city may have. Mr. Cronk believes they are limited to three,however,was not clear. He asked Mr. Thomas Ritz,AICP, Senior Planner to explain further. Mr. Ritz stated that they had not determined a limit on dispensaries. He explained that it was up to potential applicants to find sites that qualify under the current code. February 1,2018 Planning Commission Minutes Page 3 Mr. Cronk explained further adding that they only allow dispensaries in the G-O, C-2 and C-3 zoning categories of the city. Therefore, he said applicants find it difficult to find a site in those zones that fits their needs. Chairperson Dobbelaere asked for the applicant's presentation. Mr. Tom Galvin, Rose Law Group, thanked staff, stating that they had done tremendous work throughout the entire process. He stated that Arizona Organix was a successful commercial operation that has been serving a patient base in Glendale for nearly five years. Arizona Organix is seeking these text amendments in order to better serve the needs of a rapidly growing patient base. He said Arizona Organix has overseen an incident free operation that has created jobs and provided significant tax revenue and jobs to the city. He said there had been no security or criminal issues at either dispensary location since opening day. They also have neighborhood support from the surrounding businesses. He included letters of support as well as 289 signatures from state licensed patients over the last week expressing support. He said that in five years business has doubled, therefore, they must expand their operation. He reiterated the expansion of the property as well as the proposed hours of operation to better serve their customers. In closing, Mr. Galvin stated that approval of this Text Amendment will allow additional space to hire more employees to keep up with the growing list of patients and long lines. He said he would be happy to answer their questions. Commissioner Harper asked what the wait time was for patients. Mr. Galvin noted he was not sure but believes the problem was the closing time of 8:00 p.m. Chairperson Dobbelaere opened the public hearing. Jack Martino, speaker, residing in Glendale, read a prepared statement in opposition to this application. He stated that this applicant has promoted their perceived conclusion that a pent-up demand exists for their product and service. Somehow staff has concluded that acceptance of this proposed change would further the public health and provide a quality community environment. He believes this to be such nonsense. He thinks this conclusion was not based on any facts. He believes the current standards are working as designed and how they were intended. The two current dispensaries operating in Glendale seem to be thriving and there appears to be no obvious necessity for modification. He hopes that after careful review and consideration, the Planning Commission will recommend denial of the applicant's request. Gary Sherwood, speaker,residing at 5928 West Pershing Avenue, Glendale, stated he was here on his own accord and wanted to make clear he's had no meetings with this applicant or staff regarding this application. He explained that this was a very simple Text Amendment which is helping a business expand into an existing building. He cautioned keeping their personal sentiments regarding medical marijuana from this decision. He talked about the three public meetings held on the issue. He expressed his support for this application and added that he believes there was no down side to approving this application. Chairperson Dobbelaere asked if the Commission had any other questions or comments. There were none. February 1,2018 Planning Commission Minutes Page 4 Chairperson Dobbelaere asked if the applicant would like to make any closing comments. Mr. Galvin thanked Mr. Martino for his comments and for attending the public meetings. However,he would like to address one of remarks. Mr. Galvin said they did not want to get to the point of it"being broken to fix". He believes they should address the overcrowding and wait times now. Vice Chair Hirsch asked Mr. Galvin to elaborate on the process the state follows to increase the number of dispensaries in the city. Mr. Galvin stated the department of Health Services determines where the new dispensaries are located and how the licenses are distributed based on population growth and the amount of pharmacies in the area. The growth of cardholders is also a determining factor. Mr. Ritz explained the process further. Vice Chair Hirsch asked how many dispensaries there were statewide. Mr. Ritz responded the number was 131 CHAAs. Vice Chair Hirsch asked of those 131, how many were in operation. Mr. Ritz responded that he did not know. He discussed the redistribution of those 131 based on the CHAAs that had the highest unserved needs. He also discussed additional provisions. Vice Chair Hirsch asked Mr. Galvin if his clients were in compliance with federal law regarding the sale, use or distribution of marijuana. Mr. Galvin noted that this was the law of the land in Arizona since they passed a medical marijuana law in 2010. He said they were operating under that principle. He added this amendment was adopted by the City Council on February 22, 2011. He noted it was beyond his scope to speak to the federal law issues. Mr. Cronk stated he wanted to make clear that this Text Amendment was citywide and will affect all three properties. He anticipates this will go before City Council in late March. Chairperson Dobbelaere closed the public hearing. Chairperson Dobbelaere called for a motion. Commissioner Harper made a motion to approve ZTA17-01 subject to the stipulations listed in the staff report. Commissioner Gallegos seconded the motion,which was approved with a vote of 5 to 1. (Vice Chair Hirsch voted nay) Mr. Jim Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are not final and the Commission's recommendation will be forwarded to City Council for further action. OTHER BUSINESS FROM THE FLOOR Chairperson Dobbelaere asked if there was any Business From the Floor. There was none. PLANNING STAFF REPORT Chairperson Dobbelaere asked if there was a Planning Staff Report. _ Mr. Cronk stated the consensus from the Commissioners was to keep the Planning Commission start time at 6:00 p.m. He said should the Commission wish to revisit the time at a later date,they are welcome. February 1,2018 Planning Commission Minutes Page 5 COMMISSION COMMENTS AND SUGGESTIONS Chairperson Dobbelaere called for Comments and Suggestions. There were none. NEXT MEETING March 1, 2018 @ 6:00 p.m. ADJOURNMENT With no further business, Chairperson Dobbelaere called for a motion to adjourn. Commissioner Lenox made a motion to adjourn. Vice Chair Hirsch seconded the motion, which was approved with a vote of 6 to 0. The meeting was adjourned at 6:48 p.m.