MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
May 3, 2016
Hopi Confrence Room
11000 N. LA CA√ĎADA DRIVE
 
PZC 05-03-2016 PACKET MATERIAL

REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

Chairman Leedy called the May 3, 2016 Planning and Zoning Commission meeting to order at 6:00 PM.

ROLL CALL

PRESENT:
Bill Leedy, Chair
Charlie Hurt, Vice Chair
Tom Drzazgowski, Commissioner
Tom Gribb, Commissioner
Greg Hitt, Commissioner
Bob Swope, Commissioner
Melanie Barrett, Commissioner

ALSO PRESENT:

Joe Andrews, Chief Civil Deputy Attorney
Michael Spaeth, Senior Planner

PLEDGE OF ALLEGIANCE

Chairman Leedy led the audience and the Commission in the Pledge of Allegiance.

CALL TO AUDIENCE - at this time, any member of the public is allowed to address the commission on any issue not listed on today’s agenda.  Pursuant to the Arizona open meeting law, individual commission members may ask town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers.  However, the commission may not discuss or take legal action on matters raised during "call to audience."  In order to speak during "call to audience" please specify what you wish to discuss when completing the blue speaker card.

No speaker request.

COUNCIL LIAISON COMMENTS

The Council Liaison was not present at the meeting.

REGULAR SESSION AGENDA

1.

REVIEW AND/OR APPROVAL OF THE APRIL 5, 2016 REGULAR SESSION MEETING MINUTES


04-05-2016 DRAFT MINUTES

MOTION: A motion was made by Commissioner Drzazgowski and seconded by Vice Chair Hurt to approve the April 5, 2016 Regular Session Meeting Minutes.

MOTION carried, 6-0.
 
2.

DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FOR THE PLANNING AND ZONING COMMISSION TO INITIATE A ZONING CODE AMENDMENT RELATIVE TO THE HOURS OF OPERATION FOR MEDICAL MARIJUANA DISPENSARIES


STAFF REPORT

ATTACHMENT 1 - APPLICATION

Rosevelt Arellano, Senior Planner, presented an overview of the initiation.

Commissioner Barrett proposed listening to the information about the amendment before a motion is made about the initiation. 

Joe Andrews, Chief Civil Deputy Attorney responded that initially you would have no information upfront.  The initiation is only to inform staff about moving forward, if not staff can request the initiation in front of Town Council.

MOTION: A motion was made by Vice Chair Hurt and seconded by Commissioner Drzazgowski initiate and set a public hearing for a Zoning Code Amendment to Section 25.1.v (Medical Marijuana Dispensaries) regarding hours of operation.

MOTION carried, 7-0.
 
3.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A ZONING CODE AMENDMENT RELATED TO THE HOURS OF OPERATION FOR MEDICAL MARIJUANA DISPENSARIES, OV1500512


OV1600512 MARIJUANA CODE AMENDMENT STAFF REPORT

ATTACHMENT 1 - APPLICATION

ATTACHMENT 2 - PROPOSED TEXT

ATTACHMENT 3 - ORO VALLEY PHARMACY HOURS

Rosevelt Arellano, Senior Planner, provided a presentation that included the following:

- Applicant's request
- Hours of Operation
- Approval

Jennifer Corey, Principal Planner, Zoning Strategies LLC, representing the applicant, provided the presentation that included the following:

- Text Amendment
- About Catalina Care
- What do we propose?
- Site Location
- MMJ History (CHAA Map)
- Locations in Metro Tucson
- Hours of Operation
- Is this a public safety problem?
- Community Benefit
- Neighborhood Outreach

Steve Cottrell, owner and operator of Catalina Hills Care, provided an overview on the hours of operation and comments from residents.

Commissioner Swope questioned the amount of clientele seen throughout the day.

Mr. Cottrell responded between 45-65 clients a day.

Chairman Leedy requested the representative from Oro Valley Police Department comment on the performance of this facility and concerns of the extension of hours.

Sargent Dean of the Oro Valley Police Department commented that upon review the Police Department looked at this as any other business here in Oro Valley.  A history was ran for this location and there were no concerns.  The Oro Valley Police Department has had an excellent working relationship and based upon their history over the last 24 months, the police department has no objections. 

Chairman Leedy questioned whether the proposed extended hours of operation posed any concerns.

Sargent Dean responded that the police department is completely indifferent to the hours of operation.

Commissioner Barrett is uncertain as to why this proposed code amendment is being treated as any other commercial use.  Given the fact the Oro Valley code has two full pages of conditions on this specific use.  Commissioner Barrett doesn't find it appropriate to come at it from the perspective that it is similar to other commercial uses.

Chairman Leedy opened the public hearing.

Dave Perry, President and CEO of the Greater Oro Valley Chamber of Commerce and Oro Valley resident, commented that the proposed project is a member of the Chamber and they did not ask Mr. Perry to speak.  In general terms, if the Oro Valley Police Department doesn't see a problem with the extended hours, he doesn't see a problem either.  Mr. Cottrell, owner is running a legitimate business in our community and one that has been approved by the voters.  Mr. Perry thinks that if the extension of hours makes their business more viable, he is in support of that.

Chairman Leedy closed the public hearing.

MOTION: A motion was made by Vice Chair Hurt and seconded by Commissioner Drzazgowski to Recomend Approval of the Zoning Code Amendment in Attachment 2 related to the hours of operation for medical marijuana dispensaries, based on the finding that the request would be consistent with the retail operations.

Commissioner Barrett proposed a friendly amendment that the operating hours be the same as our neighboring communities, 7 am - 7 pm.

Vice Chair Hurt accepted the friendly amendment.

Commissioner Drzazgowski denied the friendly amendment.

MOTION carried, 6-1 with Commissioner Barrett opposed.
 
4.

ORO VALLEY MAIN STREETS PLANNING AND ZONING COMMISSION LIAISON UPDATE


Commissioner Drzazgowski, Main Street Committee Representative, provided the following Main Streets update:

- The Town is doing great things
- Two meetings were held for the Design Focus Groups, and spoke about what make a great main street
- Things that were considered:  Urban Design and Public Art
- Highlights:  Necessary component  with economic viability
- Locations:  Oracle and First Avenue and Lambert and La Canada
- Workshop is May 5-7

PLANNING UPDATE (INFORMATIONAL ONLY)

Michael Spaeth, Senior Planner, provided the following planning update that included the following:

- Main Street Workshop, May 5 -7
- Planning items for the Town Council May 4th meeting
- Planning items for the Town Council May 19th meeting
- Upcoming items for the Planning and Zoning Commission meeting on June 7th
- Upcoming Neighborhood meetings

ADJOURNMENT

MOTION: A motion was made by Commissioner Hitt and seconded by Vice Chair Hurt to adjourn the Planning and Zoning Commission meeting at 7:12 PM.

MOTION carried, 7-0.