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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 5/2/2019WORKSHOP MINUTES PLANNING COMMISSION GLENDALE CITY HALL CONFERENCE ROOM 2-A 5850 WEST GLENDALE AVENUE MAY 2, 2019 5:30 PM CALL TO ORDER The meeting was called to order at approximately 5:30 pm. ROLL CALL Commissioners Present: Commissioners Froke, Crow, Harper, Wilfong, Nowakowski, Vice Chairperson Lenox, and Chairperson Hirsch were present. Commissioners Absent: None. City Staff Present: Eric Fitzer, Development Service Director, Thomas Ritz, AICP, Senior Planner, James Gruber, Chief Deputy City Attorney, David Williams, AICP, Planning Administrator, and Diana Figueroa, Recording Secretary. WORKSHOP ITEM: COMMISSION INITIATIVE FOR ZONING TEXT AMENDMENT FOR BUFFERING MEDICAL MARIJUANA DISPENSARIES FROM SENSITIVE LAND USES — CITYWIDE Mr. Thomas Ritz, AICP, Senior Planner presented this item. He stated that this is a request for the Planning Commission to initiate a Zoning Text Amendment for separating Medical Marijuana Dispensaries from additional sensitive uses, including charter and private schools, day care, libraries, and parks. He explained that Medical Marijuana Dispensaries would be required to now be separated from licensed child care centers, libraries, public parks, and licensed residential substance abuse diagnostic and treatment facility, sober living home, or other drug or alcohol rehabilitation facility. Any expansion of an existing business of this type would be required to conform with these new requirements. He noted the Planning Commission must decide if they want to initiate this request. He advised that at the August 1, 2017 City Council workshop, a City Council Item of Special Interest related to Medical Marijuana regulations in the Zoning Ordinance was identified. He noted the Council was interested in revising the current definition of schools in the Zoning Ordinance to include preschools, nursery schools, kinder care, pre -kindergartens when applying distance requirements between Medical Marijuana uses and schools. At the September 25, 2018 City Council Workshop, City Council provided guidance to proceed with this Item of Special Interest. He stated staff recommendation is to move to initiate Zoning Text Amendment ZTA19-04 in preparation of a future public hearing. He concluded his presentation and asked for questions from the Commission. Chairperson Hirsch asked the Commissioners for their questions. Commissioner Crow inquired as to the separation of facilities found the in staff report that were removed. Mr. David Williams, AICP, Planning Administrator, stated the intent of this amendment was not to change any separation requirements. He said that if they were doing that, they will correct it. Commissioner Harper stated his support for this amendment. He said he knows of a dispensary across from a daycare facility and believes it should be changed. He asked if this amendment is approved, would it be retroactive, and they have to move. Mr. Williams explained that once there, they will be allowed to stay. However, any upgrades/expansion would not be permitted and would have to meet the new criteria. Commissioner Harper asked if they would be allowed to switch ownership. Mr. Williams said yes as the approval runs with the land not the owner. Commissioner Froke asked to clarify the case numbers since he sees a couple of different ones in staff's report. Commissioner Nowakowski asked for clarification on the removal of the designation and if this means an increase of dispensaries. Mr. Williams explained that this was an initiation meeting, and this was simply a draft that was not ready yet. Commissioner Nowakowski asked if this impacted areas that might be developed such as land by the Loop 101. Specifically, designated schools that have not been built yet, but land was slated for community development. Mr. Williams stated this would only apply to an existing school site. Commissioner Nowakowski asked if the distance requirements were consistent with the State or Glendale code. Ms. Ritz stated the mile requirement came from the City of Glendale. He noted the State has 500 feet of separation from schools as their only requirement and no other. Chairperson Hirsch asked if the consensus from the Commission was for staff was to restore the stricken language, so a dispensary could not be next to a cultivating center. Everyone agreed. One of the Commissioners inquired if a dual purpose could fit within that distance requirement. He noted it would be interesting to study that before it reaches Council. Mr. Williams asked staff if a compo site was currently allowed and be on the same site. Mr. Ritz stated currently the separation is a mile between dispensary, infusion and cultivation. He said it would require a site to have a commercial in the front and industrial zoning in the back. He noted Glendale code was written different unlike other cities such as Phoenix. Glendale does not allow cultivation and infusion in the same zoning districts that they allow dispensaries and vice versa. Mr. Williams clarified stating that staff will bring this back and maintain those same restrictions when this comes before them again. Commissioner Nowakowski inquired if there was a recommendation by Council to amend the hours. He said the hours were formally Sam to Bpm to now Sam to lOpm. He asked why the change. Mr. Ritz stated this was an applicant driven amendment back in 2017 to expand the hours of operation and City Council approved the request. Commissioner Nowakowski asked if there were any penalties or enforcement powers. Mr. James Gruber, Chief Deputy City Attorney stated there will be civil penalties. However, he said in his experience it has really never reached that phase since the city would have to approve the applications. He said it would be on the city if that were to happen. Mr. Williams explained that staff receives quite a few inquiries as to where they can place new dispensaries. Commissioner Nowakowski asked if there were any dispensaries in strip malls verses standalone buildings. He noted that because of the fumes, could they be regulated to standalone buildings. Mr. Williams said they could look into that but was unsure. Commissioner Harper talked about someone he knows located in a strip mall that was dealing with the fumes. Mr. Williams encouraged them to call Code Compliance. Chairperson Hirsch asked staff to define children for the purposes of this ordinance. Mr. Gruber stated that the ordinance does not define children. Therefore, it would be the common dictionary meaning of children. Mr. Williams stated that the intent was for minors under 18 years. Chairperson Hirsch also inquired as to why they were distinguishing childcare verses where children are located in great numbers. Mr. Ritz explained that both building codes and state entities distinguish between the schools and care centers. He noted it was a way to ensure they both are covered. Mr. Williams explained the measurements separations for each child care item. Chairperson Hirsch asked if everyone was satisfied that 1,320 was sufficient distance from these dispensaries. Everyone believed it was adequate. Commissioner Harper had a question on offsite delivery. Mr. Williams stated it had a split vote from the Commission and was tabled by City Council because they wanted the Police Department's input. They will be back before City Council on May 28, 2019. Mr. Gruber advised that he will work with the department to define the definition of children since there seems to be conflicting information. Chairperson Hirsch thanked him and added it was better to have a clear definition now. Commissioner Nowakowski commented on item "P" — nothing should be released into environment. He suggested that be modified. Commissioner Crow recommended it read — nothing shall be released from facility. Mr. Williams stated he was very impressed with the Commissioners' knowledge and understanding of the item today. He thanked them for their dedication and service work they for the city. 3 Commissioner Nowakowski asked if doctors were onsite at dispensaries. Mr. Williams said he did not believe so. Chairperson Hirsch asked for a recommendation to move to initiate Zoning Text Amendment ZTA19-04 in preparation of a future public hearing. Everyone agreed to move forward. REPORTS AND COMMENTS There were none. NEXT MEETING The next regular Workshop of the Planning Commission is scheduled for June 6, 2019 at 5:00 p.m., in the Conference Room 2A, City Hall, located at 5850 W. Glendale Ave, Glendale, Arizona, 85301. ADJOURNMENT With no further business, Commissioner Harper made a motion to adjourned. Commissioner Crow seconded the motion, which was approved unanimously. The meeting was adjourned at 6:00 p.m. Submitted by: Diana Figueroa Recording Secretary 4