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  9.A.       
Meeting Date: 09/06/2022  
From: Tiffany Antol, Senior Planner

TITLE:
Consideration and Adoption of Ordinance No. 2022-18:  An ordinance of the City Council of the City of Flagstaff amending the Flagstaff City Code, Title 10, Flagstaff Zoning Code, Division 10-40.60: Specific to Uses, Section 10-40.60.220 Marijuana Establishments Subsection C. Hours of Operation for Marijuana Dispensaries, providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date.
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2022-18 by title only for the final time
2) City Clerk reads Ordinance No. 2022-18 by title only (if approved above)
3) Adopt Ordinance No. 2022-18
Executive Summary:
The proposed amendment is to extend the hours of operation for Marijuana Dispensaries from 7:00 p.m. to 10 p.m.  The Planning & Zoning Commission recommends the City Council approve the amendment as proposed (3-1).  
Financial Impact:
There are no anticipated financial impacts affiliated with the proposed Zoning Code Text Amendment.
Policy Impact:
There are no anticipated policy impacts affiliated with the proposed Zoning Code Text Amendment.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Robust Resilient Economy - Maintain & enhance equitable & effective business recruitment, retention, & expansion program through the community.

Carbon Neutrality Plan
CR-1:  Ensure all mitigation actions improve Flagstaff's ability to adapt to the future.

Regional Plan
Goal ED.1. Create a healthy environment for business by ensuring transparent, expeditious, and predictable government processes.
Goal ED.3. Regional economic development partners support the start-up, retention, and expansion of existing business enterprises.
Policy ED.4.2. Promote variety and flexibility in land use and development options within the urban growth boundary.
Has There Been Previous Council Decision on This:
There have been no previous Council decisions on this specific request.
Options and Alternatives:
The City Council may adopt, modify, or deny the proposed amendment.
Background/History:
Noble Herb, which currently runs a permitted Marijuana Dispensary in Flagstaff, is requesting to modify Section 10-40.60.220.C, which sets the operation hours for Marijuana Dispensaries, as follows:

Current Text
A Marijuana Dispensary shall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.
Proposed Text
A Marijuana Dispensary shall have operating hours not earlier than 8:00 a.m. and not later than 10:00 p.m.

The applicant’s narrative describing this request and a list of zoning code requirements across the state are attached for the Council's review.
Key Considerations:
A Zoning Code Text Amendment shall be evaluated based on the following findings:

A. Finding #1: The proposed amendment is consistent with and conforms to the objectives and policies of the General Plan and any applicable specific plan;
The amendment's primary purpose is to extend the hours of operation for Marijuana sales to align with other similar uses in the community such as pharmacies.This amendment is supported by goals and policies within the Regional Plan including the following:
  • Goal ED.1. Create a healthy environment for business by ensuring transparent, expeditious, and predictable government processes.
  • Goal ED.3. Regional economic development partners support the start-up, retention, and expansion of existing business enterprises.
  • Policy ED.4.2. Promote variety and flexibility in land use and development options within the urban growth boundary.
B.  Finding #2: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
The provisions of the amendment are not anticipated to be detrimental to the public interest, health, safety, convenience, or welfare of the city.  To assist in ensuring that the Marijuana Establishment land uses are not detrimental, minimum separation requirements are established from facilities and locations that contain any of the following uses: daycares, educational, family recreation and entertainment, public libraries and parks, drug or alcohol rehabilitation, and other Marijuana Establishments.  In addition, provisions have been incorporated pertaining to the security, disposal of marijuana remnants and by-products, and prohibition of onsite consumption of marijuana products and emissions of dust, fumes, vapors, smoke, or odors into the environment from a Marijuana Establishment.
C.  Finding #3: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
The amendment is internally consistent, utilizes the existing format, and does not conflict with other Zoning Code provisions. It maintains the Zoning Code’s purpose as a comprehensive contemporary set of land uses and requirements that are straightforward, usable, and easily understood.
Community Involvement:
Inform.  The applicant held a neighborhood meeting for the proposed zoning code text amendment on May 2, 2022, using the Zoom platform.  Notices were sent directly to the Persons of interest on file with Planning and Development Services, in addition to an advertisement in the Arizona Daily Sun.  No one from the public attended this meeting.

A formal work session was held with the Planning & Zoning Commission on May 25, 2022, and the City Council on May 31, 2022.  Both work sessions were advertised in the Arizona Daily Sun.

A public hearing was held with the Planning & Zoning Commission on June 22, 2022.  All public hearings were advertised in the Arizona Daily Sun.
Attachments
Ord. 2022-18
Application
Applicant Narrative
Citizen Participation Plan


    

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