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HomeMy WebLinkAbout2021 07.20 City Council Regular AgendaCity Council Meeting City of Apache Junction, Arizona Agenda Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City Council Chambers7:00 PMTuesday, July 20, 2021 A.CALL TO ORDER B.INVOCATION AND PLEDGE OF ALLEGIANCE C.ROLL CALL D.CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1.21-356 Consideration of acceptance of agenda. Sponsors:Jennifer Pena 2.21-357 Consideration of approval of minutes of the regular meeting of July 6th, 2021. Sponsors:Jennifer Pena Attachments: E.AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards, presentations from other organizations, proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F.REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 3.21-358 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors:Chip Wilson Page 1 City of Apache Junction, Arizona Printed on 7/14/2021 July 20, 2021City Council Meeting Agenda G.CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 4.21-359 City Manager's Report. Sponsors:Bryant Powell 5.21-360 Announcement of current events. Sponsors:Al Bravo H.PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak. All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five (5) minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 6.21-362 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1506, an Ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, by repealing, replacing and retitling portions of Article 1-5: Zoning Bulk and Use Regulations, Article 1-6: Supplemental Regulations, and Article 1-17: Definitions; and by adopting by reference that certain document entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning and Bulk Use Regulations, Table 5-3 Non-Residential Use Regulations; Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions"; repealing any conflicting provisions; providing for severability; and providing for penalties. Sponsors:Kelsey Schattnik Attachments: Page 2 City of Apache Junction, Arizona Printed on 7/14/2021 July 20, 2021City Council Meeting Agenda 7.21-363 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-27, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning and Bulk Use Regulations, § Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations; Article 1-6: Supplement Regulations, § 1-6-12 Medical and Recreational Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions"; repealing any conflicting provisions; and providing for severability. Sponsors:Kelsey Schattnik Attachments: I.OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J.NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K.COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L.SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 8.21-361 Executive Session at 6:00 P.M. for Monday, August 2nd and Executive Session at 6:00 P.M. for Tuesday, August 3rd in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors:Jennifer Pena Page 3 City of Apache Junction, Arizona Printed on 7/14/2021 July 20, 2021City Council Meeting Agenda M.CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business. All speakers must have already submitted a written “Request to Speak” form to the city clerk no later than the conclusion of the city manager’s report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson. All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1) respond to criticism by a speaker; 2) ask the city manager to review a matter; 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone, provide their name and address. There is a three (3) minute time limit per speaker. N.ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at (480) 474-2617 or TDD (480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. § 38-431.03(A)(3); this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. Page 4 City of Apache Junction, Arizona Printed on 7/14/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-356 Agenda Item No. 1. Agenda Date: 7/20/2021 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of acceptance of agenda. Page 1 City of Apache Junction, Arizona Printed on 7/14/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-357 Agenda Item No. 2. Agenda Date: 7/20/2021 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of approval of minutes of the regular meeting of July 6th, 2021. Page 1 City of Apache Junction, Arizona Printed on 7/14/2021 Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City of Apache Junction, Arizona Meeting Minutes City Council Meeting 7:00 PM City Council Chambers CALL TO ORDERA. Mayor Wilson called the city council meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCEB. Vice Mayor Rizzi gave the invocation and then council said the Pledge of Allegiance. ROLL CALLC. Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel Present:7 - City Staff in Attendance: Matt Busby, Assistant City Manager Anna McCray, Assistant to the City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Jamie Sullivan, Recreation Supervisor Riley King, Management Analyst Dave Butler, Parks Supervisor Kelly Martin, Parks Ranger Dana Martin, Tax Auditor Mike Wever, Public Works Director Shane Kiesow, Public Works Manager Aaron LaSota, Judge Jill Bright, Deputy City Clerk (remotely) CONSENT AGENDAD. Vice Mayor Rizzi moved, seconded by Councilmember Nesser to accept the consent agenda and move item #5 to New Business. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel 7 - Page 1City of Apache Junction, Arizona July 6, 2021City Council Meeting Meeting Minutes No:0 1.21-326 Consideration of acceptance of agenda. 2.21-325 Consideration of approval of minutes of the special meeting of June 14, 2021. 3.21-327 Consideration of approval of minutes of the regular meeting of June 15, 2021. 4.21-288 Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2020-2021 fiscal year. 5.21-323 Consideration on an award of contract to Viasun Corporation for asphalt crushing and screening. The work would be through the City of Scottsdale Cooperative Contract No. 20RP016 in a total amount not to exceed $308,096.00 and this service contract is a partial fulfillment of the Fiscal Year's Capital Improvement and Street Maintenance Plan. Councilmember Evans moved, seconded by Councilmember Biggs that an award of contract to Viasun Corporation for asphalt crushing and screening in a total amount not to exceed $308,096.00 be approved. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel 7 - No:0 This item was moved to New Business. Public Works Manager Shane Kiesow presented the process and uses of recycled asphalt. AWARDS, PRESENTATIONS AND PROCLAMATIONSE. 6.21-338 Presentation of proclamation recognizing July 2021 as Parks and Recreation Month. Mayor Wilson proclaimed July 2021 as Parks & Recreation Month and presented the proclamation to Jamie Sullivan. Ms. Sullivan thanked council for their support and shared a video of the history of Apache Junction Parks & Recreation. REGIONAL INTERGOVERNMENTAL UPDATESF. 7.21-332 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Evans shared that the AJ CDC recently cleaned up a code compliance case yard with the help of 19 volunteers. CITY MANAGER'S REPORTG. 8.21-329 City Manager's Report. Assistant City Manager thanked Parks & Recreation for their great 4th of July event over the Page 2City of Apache Junction, Arizona July 6, 2021City Council Meeting Meeting Minutes weekend. He thanked Republic Services for the donation of fireworks for the 11th year in a row. 9.21-330 Announcement of current events. Public Information Officer Al Bravo presented the following current events: - Shop Local is still occuring - Water Drive hosted by Papa Murphy's and Genesis Project - First Friday is this Friday - Sonoran Farmers Market this Sunday PUBLIC HEARINGSH. OLD BUSINESSI. NEW BUSINESSJ. 10.21-322 Presentation and discussion on the Pubic Work's Fiscal Year 2021/2022 Capital Improvement and Street Maintenance Plan. City staff will present information regarding the status of the city's streets and upcoming Capital Improvement and Street Maintenance Projects for the new Fiscal Year. Public Works Manager Shane Kiesow presented the 2021 street assets and ratings, the 2022 Capital Improvement Plan and 2022 Street Maintenance Plan and associated projects. 11.21-331 Consideration of appointment of Aaron Doug LaSota as presiding magistrate and consideration of associated employment agreement; swearing in of Aaron Doug LaSota as presiding magistrate; and opportunity for comments by mayor, council and Judge LaSota. Councilmember Evans moved, seconded by Councilmember Nesser that Aaron Doug LaSota be appointed as presiding magistrate and that the employment agreement for Mr. LaSota be approved. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs and Councilmember Nesser 6 - No:Councilmember Gremmel1 - Assistant City Manager Matt Busby shared the interview process. Mayor Wilson shared that council went through a series of interviews and came up with what they believe to be the best qualified candidate. City Clerk Jennifer Pena swore in Judge LaSota and he thanked council for their vote of candidacy and promised to work hard and make them proud. COUNCIL DIRECTION TO STAFFK. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSESL. 12.21-328 Executive Session at 6:00 P.M. for Monday, July 19th and Executive Session at 6:00 P.M. for Tuesday, July 20th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Page 3City of Apache Junction, Arizona July 6, 2021City Council Meeting Meeting Minutes Councilmember Evans moved, seconded by Councilmember Schroeder that an Executive Session at 6:00 P.M. for Monday, July 19th and Tuesday, July 20th, 2021 be held in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, AZ, and other meetings be scheduled if necessary. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel 7 - No:0 CALL TO PUBLICM. Donna Carr, 2178 W. Virginia Street, is wondering what is happening with the Calling All Artist program. She has a neighbor who burns his trash and plays loud karaoke. George Schroeder, 2444 W. Virginia Street, says that Ms. Rizzi's empathy sounds like apathy. The homeless are still on our streets. It's been 40 years and his street still has not been fixed and he's not waiting 2 more years. He doesn't want to hear about Mesa. ADJOURNMENTN. Mayor Wilson adjourned the city council meeting. ACCEPTED THIS DAY OF , 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2021. _________________________ CHIP WILSON Mayor ATTEST: ______________________ JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the __________ day of _____________________, 2021. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2021. ________________________ JENNIFER PENA City Clerk Page 4City of Apache Junction, Arizona Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-358 Agenda Item No. 3. Agenda Date: 7/20/2021 Sponsor: Chip Wilson In Control: City Council MeetingIndex: Brief summary of intergovernmental updates from mayor and councilmembers. Page 1 City of Apache Junction, Arizona Printed on 7/14/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-359 Agenda Item No. 4. Agenda Date: 7/20/2021 Sponsor: Bryant Powell In Control: City Council MeetingIndex: City Manager's Report. Page 1 City of Apache Junction, Arizona Printed on 7/14/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-360 Agenda Item No. 5. Agenda Date: 7/20/2021 Sponsor: Al Bravo In Control: City Council MeetingIndex: Announcement of current events. Page 1 City of Apache Junction, Arizona Printed on 7/14/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-362 Agenda Item No. 6. Agenda Date: 7/20/2021 Sponsor: Kelsey Schattnik In Control: City Council MeetingIndex: Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1506, an Ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, by repealing, replacing and retitling portions of Article 1-5: Zoning Bulk and Use Regulations, Article 1-6: Supplemental Regulations, and Article 1-17: Definitions; and by adopting by reference that certain document entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning and Bulk Use Regulations, Table 5-3 Non-Residential Use Regulations; Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions"; repealing any conflicting provisions; providing for severability; and providing for penalties. Page 1 City of Apache Junction, Arizona Printed on 7/14/2021 City of Apache Junction Development Services Department Date: July 7, 2021 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Kelsey Schattnik, Planner Subject: July 20, 2021 City Council Public Hearing Items: AM-1-20 (Resolution No. 21-27, Ordinance No. 1506) Presentation, discussion, public hearing and consideration on proposed Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations; Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions. Background At the June 1, 2021 City Council Public Hearing, City Council voted to table Ordinance No. 1502, Resolution No. 21-13, Ordinance No. 1504 and Resolution No. 21-15. Staff was directed to amend the current Medical Marijuana Regulations to prohibit additional medical marijuana dispensaries, new standalone recreational marijuana establishments, new marijuana cultivation and infusion kitchens, marijuana cultivation sites, and marijuana testing facilities. June 1, 2021 City Council Public Hearing: http://apachejunction.granicus.com/player/clip/1938?view_id=2&re direct=true Attachments: - Ordinance No. 1506 (DRAFT) - Resolution No. 21-27 (DRAFT) - 2021 Medical and Recreational Marijuana Amendments (Edited) - 2021 Medical and Recreational Marijuana Amendments (Clean) Recreational Marijuana: Proposed Changes to Zoning Ordinance, § 1-6-12 Medical Marijuana City of Apache Junction City Council July 20, 2021 Ordinance No. 1506 (Resolution No. 21-27) The new text amendments prohibit: -Additional dual licensee or medical marijuana dispensaries -Additional cultivation and infusion kitchens -Standalone recreational establishments -Cultivation sites -Testing facilities Questions? ORDINANCE NO. 1506 PAGE 1 OF 4 ORDINANCE NO. 1506 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, BY REPEALING, REPLACING AND RETITLING PORTIONS OF ARTICLE 1-5: ZONING BULK AND USE REGULATIONS, ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, AND ARTICLE 1-17: DEFINITIONS; AND BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5 ZONING BULK AND USE REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS; ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, § 1-6-12 MEDICAL MARIJUANA; AND ARTICLE 1-17: DEFINITIONS, § 1-17-1 DEFINITIONS”; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, the Arizona Medical Marijuana Act, Arizona Revised Statutes Sections § 36-2801 et seq., and Arizona Administrative Code, Title 9, Health Services, Chapter 17, Department of Health Services (“DOHS”) Code, allow the establishment and operation of nonprofit medical marijuana dispensaries in the City of Apache Junction according to a prescribed statutory and regulatory process; and WHEREAS, on December 4, 2020, the city council gave direction to staff to process the necessary amendments to the Apache Junction zoning ordinance to accommodate recreational marijuana uses in the city after the November 3, 2020 voter approval of Proposition 207, also known as the Smart and Safe Arizona Act (“SSAA”); and WHEREAS, marijuana contains tetrahydrocannabinol (“THC”), which possession or use still remains unlawful under the federal Controlled Substances Act pursuant to 21 U.S.C. § 811 et seq.; and WHEREAS, the SSAA contains provisions: (i) authorizing the possession, consumption, purchase, processing, manufacturing or transporting of marijuana by an individual who is at least twenty-one (21) years of age; (ii) authorizing possession, transportation, cultivation or processing of marijuana plants in a primary residence by adults over 21 years of age; (iii) allowing a nonprofit medical marijuana dispensary or other non-dispensary applicant to apply to the DOHS to become a licensed marijuana establishment for retail sales, cultivation and manufacturing of marijuana; and (iv) allowing the DOHS, or another entity designated by the department, to become a ORDINANCE NO. 1506 PAGE 2 OF 4 marijuana testing facility to test the potency of marijuana and detect any harmful contaminants; and WHEREAS, the city finds that the SSAA authorizes marijuana establishments to use chemical extraction or chemical synthesis, including butane and other flammable gases, to extract marijuana concentrate, which poses a threat to the health, safety and security of the public and increases the responsibilities of law enforcement and other Apache Junction resources to respond to violations of state and local laws, including building, code compliance, electrical and fire codes; and WHEREAS, the city of Apache Junction seeks to protect public health, safety, and welfare by prohibiting new medical marijuana facilities, cultivation and infusion kitchens, standalone recreational marijuana establishments, marijuana testing facilities, and marijuana cultivation sites; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code of public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy of the code or public record, are filed and made available for public inspection in the office of the city clerk and the electronic copy is accessible on the city’s website and made available for public inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, codes which may be adopted by reference include those relating to medical and recreational marijuana zoning regulations; and WHEREAS, city staff has determined that for administrative efficiency, it is more appropriate to update the city code by adopting by reference a revised version of the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations; Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations; ORDINANCE NO. 1506 PAGE 3 OF 4 Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions be amended as referenced in the document noted in #2. 2. That certain document known as the “2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations; Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions”, at least three paper copies, or one paper copy and one electronic copy which are accessible on the city’s website (www.apachejunctionaz.gov) and filed in the office of the city clerk of the City of Apache Junction, which document was made a public record by Resolution No. 21-27, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1: GENERAL, Article 1-8: PENALTY. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS ____ DAY OF ___ _______, 2021. SIGNED AND ATTESTED TO THIS ____ DAY OF ____________, 2021. __________________ _ WALTER “CHIP” WILSON Mayor ORDINANCE NO. 1506 PAGE 4 OF 4 ATTEST: ___________________ JENNIFER PENA City Clerk APPROVED AS TO FORM: ___________________ RICHARD J. STERN City Attorney 1 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5 ZONING BULK AND USE REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS; ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, § 1-6-12 MEDICAL MARIJUANA; AND ARTICLE 1-17: DEFINITIONS, § 1-17-1 DEFINITIONS 2 The articles noted below are modified as follow: A) Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, includes the following new uses: B) Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana, is repealed and amended in its entirety as follows: 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A Conditional Use Permit (“CUP”) shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities and/or dual Use Category Use Type1 Gen.Old City Bus Ind. Pub/ Medical Marijuana Recreational Marijuana Establishment Facilities Cultivation Testing Cultivation 3 licensees. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development (“PD”) rezoning process or PD major amendment process. 2. All provisions in this section are pursuant to A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act. 3. Number of Facilities Allowed in City. Within the city limits of Apache Junction, the total number of nonprofit medical marijuana dispensaries, including dual licensees, shall be limited to two, and the total number of infusion kitchens shall be limited to one. The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area (“CHAA”). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) 4. Allowed Zoning Districts. a) Location of Nonprofit medical marijuana dispensaries, or dual licensees, shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Location of a cultivation facility and/or a Stand- alone nonprofit medical marijuana cultivation and infusion kitchens facility, which serves one or more nonprofit medical marijuana dispensaries, shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility, or dual licensee, that has received CUP a conditional use permit approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in an a fully enclosed locked facility, such as a to include only a permanent secure building (walls and a roof) and not in a cargo container, RV, trailer, or motor 4 vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the Arizona State Department of Health Services (“ADHS”), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion 5 facility, as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial- zoned day care facility, free-standing church, or drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an “enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)” equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Additional protections, if any, Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized 6 to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. e) Dispensaries selling marijuana related products such as pipes, water pipes, rolling paper, screens, vaporizers, mills, concealing devices, etc., shall be restricted to selling only to patients displaying the required Arizona Department of Health Services medical marijuana card and to be used only in conjunction with a physician’s certification or recommendation. Cookbooks and educational materials are excepted from this provision. f) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. 7 d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 calendar days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the qualified patient or patients home, all cultivation of marijuana plants for that qualified patient or patients in the designated caretakers home must cease or 8 shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 calendar days. B. Recreational Marijuana: 1. All provisions in this section are pursuant to A.R.S. Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. To the fullest extent allowable by law, the operation of a standalone marijuana establishment is prohibited in Apache Junction, except where authorized for an existing dual licensee who: a) Operates both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location; and b) Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department. 3. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21) years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals’ primary residence. c) Except as provided by A.R.S § 36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas, other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. 9 e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. i) Cultivation as part of a home based occupation is not allowed. C. Marijuana Testing Facility: To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in Apache Junction. D. Marijuana Cultivation Site: To the fullest extent allowable by law, the operation of a cultivation site is prohibited in Apache Junction. C) Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-17, § 1-17-1 Definitions, is amended by adding the following definitions: RECREATIONAL MARIJUANA USES. a. CHEMICAL EXTRACTION. The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana. b. CHEMICAL SYNTHESIS. Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule. c. CITY. The City of Apache Junction. 10 d. CONSUME, CONSUMING, AND CONSUMPTION. The act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe. e. CONSUMER. An individual who is at least twenty-one years of age and who purchases marijuana or marijuana products. f. CULTIVATE AND CULTIVATION. To propagate, breed, grow, prepare and package marijuana. g. CULTIVATION SITE. A location where marijuana may be cultivated, infused, or prepared for sale by and for a dispensary. h. DELIVER AND DELIVERY. The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment. i. DEPARTMENT. The State of Arizona Department of Health Services or its successor agency. j. DUAL LICENSEE. An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license. k. ENCLOSED AREA. A building, greenhouse, or other structure that has: i. A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof; ii. Is secure against unauthorized entry; iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible 11 from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors l. EXTRACTION. The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes. m. MANUFACTURE AND MANUFACTURING. To compound, blend, extract, infuse or otherwise make or prepare a marijuana product. n. MARIJUANA. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. o. MARIJUANA CONCENTRATE: i. Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol. ii. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products. p. MARIJUANA ESTABLISHMENT. An entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products. q. MARIJUANA PRODUCTS. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are 12 intended for use or consumption, including edible products, ointments, and tinctures. r. MARIJUANA TESTING FACILITY. The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants. s. NONPROFIT MEDICAL MARIJUANA DISPENSARY. A nonprofit entity as defined in A.R.S. § 36-2801(12). t. OPEN SPACE. A public park, public sidewalk, public walkway or public pedestrian thoroughfare. u. PERSON. An individual, partnership, corporation, association, or any other entity of whatever kind or nature. v. PROCESS AND PROCESSING. To harvest, dry, cure, trim or separate parts of the marijuana plant. w. PUBLIC PLACE. The same meaning prescribed in the Smoke-Free- Arizona Act, A.R.S. § 36-601.01. x. SMOKE. To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic 1 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5 ZONING BULK AND USE REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS; ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, § 1-6-12 MEDICAL MARIJUANA; AND ARTICLE 1-17: DEFINITIONS, § 1-17-1 DEFINITIONS 2 The articles noted below are modified as follow: A) Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, includes the following new uses: B) Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana, is repealed and amended in its entirety as follows: 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A Conditional Use Permit (“CUP”) shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities and/or dual Use Category Use Type1 Gen.Old City Bus Ind. Pub/ Medical Marijuana Recreational Marijuana Establishment Facilities Cultivation Testing Cultivation 3 licensees. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development (“PD”) rezoning process or PD major amendment process. 2. All provisions in this section are pursuant to A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act. 3. Number of Facilities Allowed in City. Within the city limits of Apache Junction, the total number of nonprofit medical marijuana dispensaries, including dual licensees, shall be limited to two, and the total number of infusion kitchens shall be limited to one. 4. Allowed Zoning Districts. a) Nonprofit medical marijuana dispensaries, or dual licensees, shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Stand-alone nonprofit medical marijuana cultivation and infusion kitchens, which serve one or more nonprofit medical marijuana dispensaries, shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility, or dual licensee, that has received CUP approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on 4 the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the Arizona State Department of Health Services (“ADHS”), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial- zoned day care facility, free-standing church, 5 drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an “enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)” equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. 6 f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's 7 home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 calendar days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the qualified patient or patients home, all cultivation of marijuana plants for that qualified patient or patients in the designated caretakers home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 calendar days. B. Recreational Marijuana: 1. All provisions in this section are pursuant to A.R.S. Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. To the fullest extent allowable by law, the operation of a standalone marijuana establishment is prohibited in Apache Junction, except where authorized for an existing dual licensee who: a) Operates both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location; and 8 b) Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department. 3. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21) years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals’ primary residence. c) Except as provided by A.R.S § 36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas, other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. 9 i) Cultivation as part of a home based occupation is not allowed. C. Marijuana Testing Facility: To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in Apache Junction. D. Marijuana Cultivation Site: To the fullest extent allowable by law, the operation of a cultivation site is prohibited in Apache Junction. C) Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-17, § 1-17-1 Definitions, is amended by adding the following definitions: RECREATIONAL MARIJUANA USES. a. CHEMICAL EXTRACTION. The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana. b. CHEMICAL SYNTHESIS. Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule. c. CITY. The City of Apache Junction. d. CONSUME, CONSUMING, AND CONSUMPTION. The act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe. e. CONSUMER. An individual who is at least twenty-one years of age and who purchases marijuana or marijuana products. f. CULTIVATE AND CULTIVATION. To propagate, breed, grow, prepare and package marijuana. g. CULTIVATION SITE. A location where marijuana may be cultivated, infused, or prepared for sale by and for a dispensary. 10 h. DELIVER AND DELIVERY. The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment. i. DEPARTMENT. The State of Arizona Department of Health Services or its successor agency. j. DUAL LICENSEE. An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license. k. ENCLOSED AREA. A building, greenhouse, or other structure that has: i. A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof; ii. Is secure against unauthorized entry; iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors l. EXTRACTION. The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes. m. MANUFACTURE AND MANUFACTURING. To compound, blend, extract, infuse or otherwise make or prepare a marijuana product. n. MARIJUANA. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and includes cannabis as defined in A.R.S. § 13-3401; but does not include 11 industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. o. MARIJUANA CONCENTRATE: i. Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol. ii. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products. p. MARIJUANA ESTABLISHMENT. An entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products. q. MARIJUANA PRODUCTS. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures. r. MARIJUANA TESTING FACILITY. The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants. s. NONPROFIT MEDICAL MARIJUANA DISPENSARY. A nonprofit entity as defined in A.R.S. § 36-2801(12). t. OPEN SPACE. A public park, public sidewalk, public walkway or public pedestrian thoroughfare. u. PERSON. An individual, partnership, corporation, association, or any other entity of whatever kind or nature. v. PROCESS AND PROCESSING. To harvest, dry, cure, trim or separate parts of the marijuana plant. 12 w. PUBLIC PLACE. The same meaning prescribed in the Smoke-Free- Arizona Act, A.R.S. § 36-601.01. x. SMOKE. To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-363 Agenda Item No. 7. Agenda Date: 7/20/2021 Sponsor: Kelsey Schattnik In Control: City Council MeetingIndex: Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-27, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning and Bulk Use Regulations, § Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations; Article 1-6: Supplement Regulations, § 1-6-12 Medical and Recreational Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions"; repealing any conflicting provisions; and providing for severability. Page 1 City of Apache Junction, Arizona Printed on 7/14/2021 City of Apache Junction Development Services Department Date: July 7, 2021 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Kelsey Schattnik, Planner Subject: July 20, 2021 City Council Public Hearing Items: AM-1-20 (Resolution No. 21-27, Ordinance No. 1506) Presentation, discussion, public hearing and consideration on proposed Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations; Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions. Background At the June 1, 2021 City Council Public Hearing, City Council voted to table Ordinance No. 1502, Resolution No. 21-13, Ordinance No. 1504 and Resolution No. 21-15. Staff was directed to amend the current Medical Marijuana Regulations to prohibit additional medical marijuana dispensaries, new standalone recreational marijuana establishments, new marijuana cultivation and infusion kitchens, marijuana cultivation sites, and marijuana testing facilities. June 1, 2021 City Council Public Hearing: http://apachejunction.granicus.com/player/clip/1938?view_id=2&re direct=true Attachments: - Ordinance No. 1506 (DRAFT) - Resolution No. 21-27 (DRAFT) - 2021 Medical and Recreational Marijuana Amendments (Edited) - 2021 Medical and Recreational Marijuana Amendments (Clean) RESOLUTION NO. 21-27 PAGE 1 OF 3 RESOLUTION NO. 21-27 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED “2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5 ZONING BULK AND USE REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS; ARTICLE 1- 6: SUPPLEMENTAL REGULATIONS, § 1-6-12 MEDICAL MARIJUANA; AND ARTICLE 1-17: DEFINITIONS, § 1-17-1 DEFINITIONS”; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter “A.R.S.”) § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy, is filed with the city clerk and the electronic copy is accessible on the city’s website and are both made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, such codes include medical and recreational marijuana zoning regulations; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: SECTION I IN GENERAL 1. That certain document entitled the “2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations; RESOLUTION NO. 21-27 PAGE 2 OF 3 Article 1-6: Supplemental Regulations, § 1-6-12 Medical Marijuana; and Article 1-17: Definitions, § 1-17-1 Definitions”, at least three paper copies, or one paper copy and one electronic copy, of which are accessible on the city’s website (www.apachejunctionaz.gov) and filed in the office of the city clerk of the city of Apache Junction, Arizona, is hereby declared to be a public record, and shall be made available for public use and inspection, and said copies are ordered to remain on file with the city clerk. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _____ DAY OF _____________, 2021. SIGNED AND ATTESTED TO THIS ______ DAY OF _____________, 2021. _______________________ WALTER “CHIP” WILSON Mayor ATTEST: ______________________ JENNIFER PENA City Clerk RESOLUTION NO. 21-27 PAGE 3 OF 3 APPROVED AS TO FORM: ___________________ RICHARD JOEL STERN City Attorney Recreational Marijuana: Proposed Changes to Zoning Ordinance, § 1-6-12 Medical Marijuana City of Apache Junction City Council July 20, 2021 Ordinance No. 1506 (Resolution No. 21-27) The new text amendments prohibit: -Additional dual licensee or medical marijuana dispensaries -Additional cultivation and infusion kitchens -Standalone recreational establishments -Cultivation sites -Testing facilities Questions? Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-361 Agenda Item No. 8. Agenda Date: 7/20/2021 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Executive Session at 6:00 P.M. for Monday, August 2nd and Executive Session at 6:00 P.M. for Tuesday, August 3rd in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Page 1 City of Apache Junction, Arizona Printed on 7/14/2021