STAFF REPORT
TO: Planning & Zoning Commission Members
FROM: Planning Division Staff
REQUEST:Title
A Request for a Text Amendment to Lake Havasu City Code Title 14 Zoning (Development Code), Section 14.03.03.C.17.c.iii Medical Marijuana Business, to Revise the Hours of Operation to Match Those in the Arizona Administrative Code Section R-9-17-310.
Body
GENERAL INFORMATION:
Application No.: 20-2419 (P&Z #20-00500001)
Property Legal: N/A
Lot Size: NA
Applicant: Harvest Enterprises, Inc.
Owner: Steve White
Staff Project Manager: Luke Morris
Current Zoning: N/A
Existing / Proposed Use: N/A
PROPERTY AND APPLICATION BACKGROUND:
The Development Services Department received a letter from Steve White, CEO of Harvest, Health and Recreation, requesting an amendment to the Development Code regarding the hours of operation for medical marijuana dispensaries, letter provided as an attachment. The letter requests a change in operating hours from 8:00 a.m. to 10:00 p.m. Currently, the attached Development Code, Section 14.03.03.C.17.c.iii, limits hours of operation from 8:00 a.m. to 8:00 p.m.
Staff research found that the Arizona Administrative Code Section R9-17-310 states, “A dispensary shall; ensure that the dispensary is operating and available to dispense medical marijuana to qualified patients and designated caregivers at least 30 hours weekly between the hours of 7:00 A.M. and 10:00 P.M.” Arizona Administrative Code Section R9-17-310 is attached.
The applicant’s request was to change the hours to 8 a.m. to 10 p.m. However, the request as presented by staff is to allow dispensaries to operate from 7 a.m. to 10 p.m. to match the Arizona Administrative Code.
DSD Staff received no comments from the other departments during the review process. Staff determined that changing the hours of operation to match the Arizona Administrative Code will not have an adverse effect on public safety.
The Commission’s recommendation from this meeting will go to the City Council for its review and action.
ATTACHMENTS:
Harvest Letter of Request
City Code Section 14.03.03.C.17.c.iii
Arizona Administrative Code R9-17-310
STAFF RECOMMENDATIONS:
Staff recommends approval of item No. 20-2419, amending Lake Havasu City Code Title 14, Zoning (Development Code), Section 14.03.03.C.17.c.iii Medical Marijuana Business, to revise hours of operation to 7:00 a.m. to 10:00 p.m., to match the Arizona Administrative Code.
SUGGESTED MOTION:Recommended Action
I move to recommend that the City Council approve item No. 20-2419, amending Lake Havasu City Code Section 14.03.03.C.17.c.iii, to revise the hours of operation to 7:00 a.m. to 10:00 p.m.