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HomeMy WebLinkAboutPackets - Council Packets (1424)Town Council Meeting Regular Session and Special Session November 4, 2020 1 2 Town Council Meeting Announcements 3 Upcoming Meetings 4 Lyra Done 5 Proposed Code Amendments to Regulate Recreational Marijuana in response to voter-approval of Prop. 207 Town Council November 4, 2020 6 Purpose Proposed code amendments to regulate recreational marijuana Response to voter-approval of Proposition 207 on the Nov. 3 election ballot Regulations must be in place before Proposition goes into effect League of AZ Cities and Towns provided model code to jurisdictions Several other jurisdictions (Gilbert, Sahuarita, Oro Valley, etc.) amending codes using the same model Joint effort by the Town’s Legal, Police and Planning departments Proposed amendments are necessary to regulate recreational marijuana to the strictest extent allowed by the Proposition Rec. Medical 2 7 Process and Timing Emergency declaration for immediate application Regulations must be in place before proposition goes into effect Avoid potential conflicts with takings law Without the proposed amendments the Town has no local regulations for recreational marijuana 3 8 Prop. 207 will authorize the sale, use, cultivation, processing, transport, manufacturing, testing etc. of recreational marijuana Approval will go into State-wide effect Requirements need to be in place before it goes into effect to regulate recreational marijuana The Town cannot: Outright ban all aspects of recreational marijuana Apply stricter standards to recreational marijuana than currently applied to medical marijuana The Town can ban: Single-use recreational marijuana retail establishments (must be dual licensed with medical) Sale of marijuana on Town property Use of marijuana in public places or open space throughout the Town Facilities that test the potency or contamination of marijuana Door-to-door delivery of marijuana Parameters of the Proposition 4 9 Non-zoning related items enforced by OVPD, Town Clerk and Legal Departments Individual use Must be 21 or over Permitted 6 plants per adult in a home – not to exceed 12 plants per home Business aspects Ban single-use recreational marijuana retail establishments (dispensary) Recreational marijuana establishments can only operate with a nonprofit medical marijuana establishment in a shared space Banned activities Sale of marijuana on Town property Use of marijuana in public places or open space throughout the Town Facilities that test the potency or contamination of marijuana Door-to-door delivery of marijuana Proposed Revisions to Chapter 8 of the Town Code 5 10 Proposed Revisions to Zoning Chapters of the Town Code Zoning related items enforced by planning and inspectors Medical marijuana added to the code in 2010 to regulate: Location Building Type Operations Apply same standards to recreational marijuana in alignment with Proposition 207 6 11 Key Existing Medical Marijuana Requirements 7 C-1 & C-2 zoning districts 2000’ from other marijuana establishments 1000’ from: Schools/child care centers Churches Public parks Libraries Substance abuse treatment facilities Permanent buildings No drive-thru Max floor area of 2,000 sf Limited storage area Cultivation indoors only Operations Restricted business hours (7am-10pm) Consumption not allowed on the premises Marijuana cannot be sold from a cultivation site 12 General Plan Conformance Goal J: A safe community with low crime, safe neighborhoods and positive relationships between law enforcement and community members.  Policy TS.3: Protect vulnerable populations (e.g. children, seniors and those with disabilities) and provide security of community members through community and police support.  Policy TS.5: Coordinate community safety and land use planning in order to reduce sources of conflict and nuisance crime through design, regulation and management. Goal X: Effective transitions between differing land uses and intensities in the community. 8 13 Planning and Zoning Commission Considered on October 27, 2020 Discussion topics: Effective date for proposition Possibility of adding stricter requirements Enforcement of regulations Development and permitting process for marijuana uses Recommends conditional approval of the zoning chapters, subject to the passage of Prop. 207 9 14 Prop. 207 will authorize the sale, use and cultivation of recreational marijuana throughout the State of Arizona Proposed amendments provide local regulations for recreational marijuana Emergency declaration for immediate application The Town cannot: Outright ban all aspects of recreational marijuana Apply stricter standards to recreational marijuana than currently applied to medical marijuana The Town can ban: Single-use recreational marijuana retail establishments (must be dual licensed with medical) Sale of marijuana on Town property Use of marijuana in public places or open space throughout the Town Facilities that test the potency or contamination of marijuana Door-to-door delivery of marijuana League of AZ Cities and Towns provided model code to jurisdictions Several other jurisdictions (Gilbert, Sahuarita, Oro Valley, etc.) amending codes using the same model Key Takeaways 10 15 Summary and Recommendation Joint effort by the Town’s Legal, Police and Planning departments Proposed amendments regulate recreational marijuana to the strictest extent allowed by: Applying existing medical marijuana standards to recreational and banning the following: Single-use recreational marijuana retail establishments (must be dual licensed with medical) Sale of marijuana on Town property Use of marijuana in public places or open space throughout the Town Facilities that test the potency or contamination of marijuana Door-to-door delivery of marijuana Staff and the Planning and Zoning Commission recommend conditional approval, subject to the passage of Prop. 207 Rec. Medical 11 16 17 Town of Oro Valley Apartment Study 2020 Prepared by the Real Estate Consulting Group 18 Opened in 2007 Specialize in market research, analysis and projections. TREND Report Monthly publication highlighting trends in office, commercial, residential and multifamily development About Us 2 19 Purpose of the Study Assist the Town with implementing the voter-approved General Plan (Goal D): A community with a wide range of services, amenities, shopping and dining opportunities and housing types that meet the needs of current and future residents. (Policy CC.7) Support the development of diverse housing types within the community (Action 135) Respond to and plan for the present and future housing needs of the community, while considering changes in demographics and overall growth by conducting a housing inventory, developing a housing plan that addresses the needs of a diverse community, and developing zoning strategies that implement the housing plan. Provide pertinent information to the governing body to evaluate: Current housing mix and future needs Upcoming apartment proposals 3 20 Apartments’ Role in the “Housing Mix” Broadens housing options to meet the demands of an economically and demographically diverse population Support employment growth More compact housing where land supply is low Density to support commercial areas Contribute to viability of existing and future retail 4 21 Scope of the Study Objectively analyze data to address recurring concerns previously raised by residents recently and over the years Market is minimal High vacancy rates Deteriorate over time Schools lack capacity Impacts of young and low-income tenants Significantly increase crime Report more crimes than single-family residential homes Perceptions & concerns: 1 2 3 4 5 6 Source: Town of OV Staff 5 22 Data collected from national and local sources U.S. Census – American Community Survey 2013-2018 projections National Multi-Family Housing Council Real Data, Inc./ Apartment Insights (Real Estate Analysis) Economic and Business Research Center (EBRC - Eller College of Management, University of Arizona) Pima Association of Governments Oro Valley Police Department CityProtects.com Apartments.com Interviews with Town staff Zoning information Current and anticipated apartment proposals Recurring questions and concerns previously heard from residents Limitations Demographic data pertains to all renters Data collected pre-Covid-19 Methodology 6 23 What is the demand and supply of apartments? Demand for apartments is high Driven by the following factors: Population and employment growth Growing faster than the entire County by 1.4% Projections through 2020: 200-250 new households 175-200 new jobs Homeownership pattern Amount of renter households continue to increase in the region (35.8% to 39.7%) 25% of households in OV are renters Housing affordability Average rent ($1,123) is $1,057 less per month than the average monthly mortgage ($2,180) Affordable, low-maintenance and flexible option for young professionals and empty nesters 1 Source: EBRC and US Census 7 24 Supply is limited Apartments represent 15.3% of Oro Valley’s housing stock 12 communities, totaling 2,961 units Majority of the communities are Class A (highest quality) Includes properties over 30 years old Source: Real Data 8 A – Highest Quality B – Great Quality C – Good Quality What is the demand and supply of apartments? 1 12 apartment communities 2, 961 unites 15.3% of Oro Valley’s housing stock 25 Existing supply is performing strong Vacancy is low: reduced from 7.33% to 5.42% (over past 5 years) Lower than the National rate of 6% Indicates new properties are being absorbed properly Rent is increasing: 29% increase in average monthly rent (past 5 yrs.) Highest rent growth in the region Performance of Existing Apartments Source: Real Data 9 2015: $872 2016: $940 2017: $970 2018: $1,060 2019: $1,123 Average Monthly Apartment Rent 26 Anticipated Supply Limited land supply Town is 85% built out: bulk of remaining land is for single-family homes Limited land zoned for apartments left Majority are smaller parcels (average size- 5 acres, desired -12 acres) Largest land area (Capella PAD on La Cholla) also approved for single-family residential Town processing 5 apartment proposals (2 more anticipated) Due to size of remaining parcels, most require a rezoning request Source: Town of OV Staff 10 27 Demand and Supply Demand for apartments exceeds the current supply 11 28 Do apartments command significantly lower rent over time due to deterioration? Age does not indicate a decline in quality or performance Quality: all apartments are classified high to great quality 3 of the older apartments are Class A (high quality) 5 of the older apartments are Class B (great quality) 2 A – Highest Quality B – Great Quality C – Good Quality Source: Real Data 12 29 Older apartments (20-36 years old) are performing well Rent: All the older apartments increased rent every year between 2015-2019 2 Source: Real Data 13 Do apartments command significantly lower rent over time due to deterioration? 30 What are the ages and income of renters in comparison to homeowners? Renters tend to be young professionals or empty nesters OV median age is 53 The 25-44 age groups account for 37% of renters The 55+ age groups account for 42% of renters Renters in OV have higher than average incomes compared to the region Oro Valley’s median income is $76,484 Renters’ median income is lower at $51,092 (Teachers, police officers, administrative professionals) 3 Source: US Census 14 31 Do local schools have the capacity for more apartments? Average size of OV renter households is 2.2 ppl/home Less than the average size of owner households, 2.3 ppl/home 90% of apartment units in OV are 1-2 bedrooms School capacity is verified with every rezoning application 4 Renter households have less of an impact on schools than owner households Source: National Multifamily Housing Council and Real Data 15 32 Do apartments significantly contribute to overall crime? Apartments do not significantly contribute to overall Part I crime Report an average of 13% of all Part I (more serious) crimes 5 Source: OVPD 16 33 Is crime higher in apartment communities than in single-family residential subdivisions? Crime reported in apartments is proportional to crime reported in single-family homes Over a 6 month period, less crime was reported from apartments than similar-sized single-family residential subdivisions 6 Source: Cityprotects.com 17 34 Conclusion and Key Data Findings Perceptions and concerns are not substantiated by the data 18 35 36 Taking a short break We’ll be back at 8:58! Town Council November 4, 2020 37