For Office Use Only

CASE^(3i<8- QO^-^FEE PAID . ~^-~)0

DATE I}j-zj. iiL

For Office Use Only

ZONE

CRITICAL AREA: IDA_LDA RCA

BMA: Yes No

NO. OF SIGNS

NOTE: Th. ton. .. " h. ,1..,,,,,,,.,,,.,. .. ,., SPECIALEXCEPTION APPLICATION<^^E^Tfwm C:I"be llowt"oadcti '0 y(wcomPu^^^^^^^d^^^^^^^y it ca,, atso be |.-l,, ted and ililed

Applicants) :_Maiy land Physician Partners, LLC(Applicant must have a fmancial, contractual, or proprietary interest in

Property Address: ^7609 Energy Parkway

Property Location: 380 feet of frontage on the (S ) side of Energy Parkway(Enter Street Name) ^~^

(^ ) of (Nearest intersecting street) £oAS»alt>wod-Rea^ BrfiA^^'/] l--)<-'-'c/$ ^|l/-^l||[Enter Street Name)

12-digit Tax Account Number 3 13790036033

Waterfront Lot: Y Q N [/]Zoning District W2 Lot # 9R

Area 5. 290 _ (Acres

Tax District (3 ) Coujicil District, ?Comer Lot: Y [] N Q Deed Title Reference 16568 / 239

Tax Map 0011 Block/Grid 0001 Parcel 0127

Subdivision Name Brandon Woods Bus. Pk. Sc.1

Description of Special Exception Requested (Brief, detail fiilly in letter of explanation)Operate a licensed dispensary of medical cannabis in W2 District.

S^££SS^;^^^^hr onbTa!LOTP^rietoly interest eiual to orln excess ot- 'OpercentT"^^o^^^S^^^^^T^1^0^^ sh^nor^s ̂ pl^nT^^^he

comply v^tb all applicable regulations of Anne Amndel County, Maiyland. -" - ^-r--. - - ~^^.,

Applicant's SignAure ... -' V ^____ Owner's Signature

Print Name Gina Bei-man /5<- /^0 /^/^^ ^r^^ print Name

Mailing Address 21617 N. 9th Avenue _ Mailmg Address

City, State, Zip Phoenix. AZ 85027 ____ City, State, ZipWork Phone (602) 380-5757

Home Phone

Cell Phone (602) 380-5757

Work Phone

Home Phone

Cell Phone

Email Address gina@givingtreeaz.com Email Address

* * * Below For Office Use Only * * *

Application accepted by Anne Arundel County Office of Planning and Zoning: -^^-SPECIAL EXCEPTION TO ALLOW A LICENSED PREMISE OF A LICENSED DISPENSARY OF MEDICALCANNABIS AS DEFINED IN COMAR 10. 62.01.01 IN A BUSINESS COMPLEX IN A W2-LIGHT INDUSTRIALDISTRICT

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For Office Use Only

CASE #

FEE PAID

DATE

^1%

For Office Use Only

ZONE

CRITICAL AREA: IDA LDA RCA

BMA: Yes No

NO. OF SIGNS

SPECIAL EXCEPTION APPLICATIONE: This form can be downloaded to yoiir coinputcr and tilled oiit utiliziiig Adube Reader (01- similar product). It cau also be printed and filled

out bv hand.

Applicant(s): Maiyland Physician Partners, LLC(Applicant must have a financial, contractual, or proprietary interest in the property)

Property Address: 7609 Energy Parkway

Property Location: 380

^_ feet C^" ^

feet of frontage on the (S ) side of Energy Parkway(Enter Street Name)

) of Clearest intersecting street) Fort Smallwood Road- ^ZLA^S/I ^tf'<5^S^{. V<31(Enter Street Name)

12-digit Tax Account Number 313790036033 _ Tax District ( 3 ) Council District (iWaterfront Lot: YQN0 Comer Lot: YQN[7] Deed Title Reference 16568 / 239Zoning District W2 Lot # 9R_ Tax Map 0011 Block/Grid 0001 Parcel 0127

Area 5.290 _ (Acres ) Subdivision Name Brandon Woods Bus. Pk. Sc. 1

)

Description of Special Exception Requested (Brief, detail fully in letter of explanation)

Operate a licensed dispensaiy of medical cannabis in W2 District.

The applicant hereby certifies that he or she has a financial, contractual, or proprietary interest equal to or ill excess of 10 percent ofthe property; that he or she is authorized to make this application; that the infbrmatioii shown on this application is correct; and that heor she will comply with all applicable regulations ofAnne Arundel County, Maryland.

Applicant's Signature Owner's Signature

Print Name Gina Bennan Print Name U C^V^^ £LT NU L(Mailing Address 21617 N. 9th Avenue

City, State, Zip Phoenix, AZ 85027

Work Phone (602) 380-5757

Home Phone

Cell Phone (602) 380-5757

Mailing Address |^S](^ l0c, <-<r&a_> |^G^ -F. ^City, State, Zip <IJIOY^^^I ' ^^ ^J^-7^Work Phone

Home Phone

Cell Phone -^&| S:t2 ' ^^2-Z-Email Address gina@givingtreeaz.com Email Address W^^\^\ U-h, QAT^^O^ <nVtf\G 11 '||& yv

* * * Below For Office Use Only * * *

Annlication acceoted by Anne Arundel County Office of Planning and Zoning: '^Y'^^ _\ | i (^]Irftial,st/ ' Me'

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For Office Use Only

CASE^O)^~(^^-V. s'. a-FEE PAID

DATE >)i^|i?is

For Office Use Only

ZONE

CRmCALAREA: IDA

BMA: Yes No

LDA RCA

NO. OF SIGNS

VAMANCE APPLICATIONNOTE: This fonn can be du\\'iiloaded to yoiir compusef aiid t'1lled out utilizing Adobe Reader (or siinil. ir ))rot!uct). ll can also be priiited and tilledout by huiid.

Applicant(s): Maryland Physician Partners, LLC(Applicant must have a financial, contractual, or proprietary' interest in the property)

Property Address: 7609 Energy Parkway

Property Location: 380 feet of frontage on the ( S ) side of Energy Parkway(Enter Street Name }

^0 feet (W ) of (Nearest intersecting street) Kwl Giiiallivuud Kosa- '0 rd n^6»l . ^ OQ(J S. 6 t t/:d(Enter Street Name ]

12-digit Tax Account Number 313790036033 _ Tax District (_3_)Council District ,3

Waterfi-ont Lot: YQ N 0 Corner Lot: Y [~] N [/] Deed Title Reference 16568 / 239Zoning District ̂ W2

Area 5.290

Lot # 9R Tax Map 001! Block/Grid 0001 Parcel 0127

.

(A,.ores ) Subdivision Name Brandon Woods Bus. Pk. Sc. 1

Description of Proposed Project and Variance Requested (Brief, detail fully in letter of explanation)

Operate a licensed dispensary of medical camiabis in W2 District without direct vehicular access to

arterial road (see Section 18-1 1-131(2)).

The applicant hereby certifies that-h5~D»sshe has a financial, contractual, or proprietai-y interest in the property; that he or she isauthorized to make this application; that fl^e infohnation shown on this application is coirect; and that he or she will comply with allapplicable regulations ofAnne Anmdel County, Maryland.

Applicant's Signature Owner's Signature^--""

Print Name Gina Berman^c /*^ /'t/f-^^. ^f^ .^Uwsfry print Name

Mailing Address 21617 N. 9th Avenue _ Mailing Address

City, State, Zip Phoenix, AZ 85027 _ City, State, Zip

Work Phone (602) 380-5757

Home Phone

Cell Phone (602) 380-5757

Work Phone

Home Phone

Cell Phone

Email Address gina@givingtreeaz. com Email Address

* * * Below For Office Use Only * * *

Application accepted by Anne Arundel County Office of Planning and Zoning:Iiiiti^ls

lj^)^,1 ?

VARIANCE TO ALLOW A LICENSED PREMISE OF A LICENSED DISPENSARY OFMEDICAL CANNABIS AS DEFINED IN COMAR 10. 62. 01.01 IN A BUSINESS complexWITHOUT VEHICULAR ACCESS TO AN ARTERIAL OR HIGHER CLASSIFICATION ROAD

For Office Use Only

CASE #,

FEE PAID

DATE

For Office Use Only

ZONE

CRITICAL AREA: IDA LDA RCA

BMA: Yes No

NO. OF SIGNS

VARIANCE APPLICATIONNOTE: This fonn caii be clowiiloaded lo yoiir coniputer and lilled oiit iitilizing Adobe Reader (or siinilar product). It can also be printed aiid filled

oiii bv }iand.

Applicant(s): Mai-yland Physician Partners, LLC(Applicant must have a financial, contractual, or proprietary interest in the property)

Property Address: 7609 Energy Parkway

Propei-ty Location: 380 feet of frontage on the ( S side of Energy Parkway(Enter Street J<ame)

/^O feet (W ^ ) of (Nearest intersecting street) Eert-Sma+l w uoij Ruad Br<< ̂ ̂ .1" fcti d o d s ^( i/^[Enter Street Name ]

12-digit Tax Account Number 313790036033 _ Tax District (^_)Coundl District .3Waterfront Lot: YQ N0 Corner Lot: Y [] N [7] Deed Title Reference 16568 / 239Zoning District W2

Area 5. 290

Lot # 9R Tax Map 001; Block/Cn-idOOOl Parcel 0127

(Acres ) Subdivision NameJ^randon WQo^g Byg p^ §,; ]

Description of Proposed Project and Variance Requested (Brief, detail fully in letter of explanation)

Operate a licensed dispensary of medical cannabis in W2 District without direct vehicular access to

arterial road (see Section 18-1 1-131(2)).

The applicant hereby certifies that he or she has a financial, contractual, or proprietary interest in the property; that he or she isauthorized to make this application; that the information shown on this application is correct; and that he or she will comply with allapplicable regulations of'Anne Arundel County, Maryland.

Applicant's Signature Owner's Signature

Print Name Gina Berrnan

Mailing Address 21617 N. 9th Avenue

City, State, Zip Phoenix, AZ 85027

Print Name ^G^ndQ^ "MO^VK.Mailing Address la^(^ K^tY-Fc^O L°^b(- <2jt-

City, State, Zip<^^^<sVtlle- ̂ MD CZf<Work Phone (602) 380-5757

Home Phone

Cell Phone (602) 380-5757

Work Phone

Home Phone

Cell Phone 3^1 U-12'^4^-2-Email Address gina@givingtreeaz.com Email Address &.&(%. CYncvti . CFrfY)

* * * Below For Office Use Only * * *

Application accepted by Anne Arundel County Office of Planning and Zoning: ±Initfals

VARIANCE TO ALLOW A LICENSED PREMISE OF A LICENSED DISPENSARY OF

MEDICAL CANNABIS AS DEFINED IN COMAR 10. 62. 01.01 IN A BUSINESS complexWITHOUT VEHICULAR ACCESS TO AN ARTERIAL OR HIGHER CLASSIFICATION ROAD

)IL. I'^

RevOS/U-S/16

JOSEPH F. DEVLINE-Mail: Devlin@CounciIBaradel. comTelephone Extension: 3414

January 12, 2018

VIA HAND DELIVERYOffice of Planning & ZoningZoning Division2664 Riva Road, P.O. Box 6675Annapolis, Maryland 21401

Attn: Lori Rhodes

Re:

Dear Ms. Rhodes:

Letter of Explanation for Maryland Physician Partners, LLCSpecial Exception and Variance ApplicationsOur File No. : 20548.01

The undersigned is counsel to Maryland Physician Partners, LLC. Maryland PhysiciansPartners, LLC was granted pre-approval status for a Medical Cannabis Dispensary located in SenatorialDistrict 31 in December, 2016.

Please accept this letter in support of the administrative applications for special exception andvariance relief submitted on behalf of my clients seeking authorization to open a licensed dispensaryof medical cannabis at 7609 Energy Parkway, Baltimore, MD 21225. The property is zoned W2 andis located on Lot 9R of the Brandon Woods Business Park. Special exception approval is sought toutilize that portion of the building located at 7609 Energy Parkway known as Suite 901 for the medicalcannabis dispensary use. Suite 901 is the second suite from the east end of the building and comprisesapproximately 1,768 square feet and includes its own ingress and egress from the common parking lotadjacent to the building.

As recited below, the application meets all of the requirements for special exception approvalin the W2 district for the medical cannabis dispensary with one exception. One issue which has arisenin our discussions with the County concerning this application relates to the requirement that "vehicularaccess shall be from an arterial or higher classification road. " While we do not believe that thisprovision requires that the subject property be located on an arterial or higher classification road, wehave requested a variance to that provision as part of this combined application.

You will find access into the Brandon Woods Business Park is only available from FortSmallwood Road to the east and Solley Road to the west, utilizing Energy Parkway within BrandonWoods. The 7609 Energy Parkway property within which the subject dispensary space is locatedfronts on Energy Parkway with vehicular parking and pedestrian access from Brandon WoodsBoulevard. While Energy Parkway is a collector road and Brandon Woods Boulevard is a local roadwithin the Brandon Woods Business Park, the Park is self-contained and the only roads providingaccess into the Park are either Fort Smallwood Road or Solley Road, both of which are minor arterial

125 West Street, 4th Floor, Annapolis, Maryland 21401T 410-268-6600 F 410-269-8409 CouncilBaradel. com

Office of Planning and ZoningPage 2

January 12, 2018

roads. As such, access into the Brandon Woods Business Park requires use of one of two arterial roadswith no access to properties outside of the Business Park once you enter Brandon Woods.

As recited below, we believe that the variance is warranted to avoid practical difficulties and/orunnecessary hardships given the unique circumstances of the configuration of the Brandon WoodsBusiness Park and the subject property within that Park with its limited access and visibility. Anexhaustive search has been conducted to find properties available within District 31 that meet all ofthe requirements for special exception approval without success. We believe that the purposes of thearterial road provision are otherwise met in this case given the limited access in and out of the BusinessPark.

Special Exception

The application meets all of the requirements of § 18-11-133 to grant a special exception for amedical cannabis dispensary with one exception:

(1) The property is not located within 1,000 feet of a dwelling or residentially zoned property,the lot line of a public or private school, or the lot line of real property owned by the Boardof Education.

(2) Indirect access to the property is from one of two arterials although the subject site isdirectly accessed from an internal collector road. See variance request.

(3) "No Loitering" signs will be conspicuously posted in all parking areas.

(4) The dispensary is not located within one mile of any other licensed premises of a licenseddispensary of medical cannabis.

(5) The premises will not have any displays of medical cannabis visible to its customers or thegenera] public.

(6) The dispensary will not have an on-site physician for the purposes of issuing writtencertifications for medical cannabis.

The proposed special exception meets all of the general standards of § 18-16-304 for specialexception approval as follows:

(1) The proposed medical cannabis dispensary will not be detrimental to the public health,safety, and welfare. The property is situated in a business complex with limited access andvisibility. The dispensary will be designed to limit access within the facility to the medicalcannabis product and will include a sophisticated security system. The dispensary will beoperated in full conformity with all governmental requirements. The benefits of theavailability of medical cannabis to the public is well-founded and confirmed by the Statelegislature and County Council in authorizing the use.

COUNCILBARADEL

Office of Planning and ZoningPage 3

January 12, 2018

(2) The dispensary will be compatible with the appropriate and orderly development of thedistrict. The Subject Site is zoned W2, Light Industrial, and is part of the greater BrandonWoods Business Park. Limited to highly regulated medical cannabis products, the use isanalogous to a pharmacy, albeit limited to a particular type of prescription medicine.

(3) None of the operations of or related to the dispensary will create an objectionable level ofnoise, fumes, vibration, or light to nearby properties than other types of operations or usespermitted in the district, which include breweries, building materials storage, businesscomplexes commercial recreational facilities, contractor and construction shops and yards,commercial equipment sales, repair and storage, manufacturing uses, laboratories, andprofessional offices, to name a few.

(4) The dispensary will not be in conflict with any existing or programmed public facility,public service, school or road. The property is served by public water and sewer.

(5) The applicant will have the written recommendations and comments of the HealthDepartment and Office of Planning and Zoning at the hearing.

(6) There is a public need for this use. The passage of the State and County laws allowingmedical cannabis to be grown, processed, and dispensed in Anne Arundel County issubstantial evidence of a public need. Additionally, medical cannabis has been proveneffective in treating the symptoms of many illnesses and diseases, including but not limitedto cancer, Krohn's disease, AIzheimer's disease, glaucoma, and opioid addiction.

(7) The applicant meets the criteria for a medical cannabis dispensary in a business complex,as outlined in Anne Arundel County Code § 18-11-133, with the exception of onerequirement - vehicular access. Applicant has submitted a variance application to thisrequirement.

(8) The subject site is not located within the critical area.

(9) The applicant can and will comply with the requirements of the Landscape Manual.

Variance

The Subject Property is located on Energy Parkway at its intersection with Brandon WoodsBoulevard. Energy Parkway, a collector road, bisects the Brandon Woods Business Park from east towest with the Park bordered by Fort Smallwood Road to the east and Solley Road to the west. BothSolley Road and Fort Smallwood Road are minor arterial roads which must be traversed to obtainaccess into the Business Park via Energy Parkway. The Subject Property is approximately 900 feetfrom the intersection of Fort Smallwood Road and Energy Parkway and approximately 1, 500 feet fromthe intersection of Solley Road and Energy Parkway. Once inside the Business Park, all traffic iscontained within the Park with ingress/egress points limited to Fort Smallwood Road and Solley Road,both minor arterials.

COUNCILBARADEL

Office of Planning and ZoningPage 4

January 12, 2018

After an exhaustive search, the applicant was unable to find an available location in District 31that met all the criteria outlined in § 18-11-133. The applicants retained John Gallagher, a licensedcommercial real estate agent, in February of2017 to assist them in their search for a property in District31 that met the specific special exception requirements. Mr. Gallagher employed a number of differentdatabases and resources to identify potential properties within the District. Approximately fifteenproperties were considered, none of which met a//the requirements of § 18-11-133. The combinationof the setbacks from schools, dwellings, and residentially zoned property was the most difficultrequirement to meet in the District 31 area. The subject property meets those requirements.

^Dueto the lack of conforming properties in District 31, because of exceptional circumstancesother than financial considerations, finding a property within District 31 that meets a// of therequirements presents practical difficulties and unnecessary hardship which can be avoided by thegrant of the requested variance. Given its location within a large Business Park within a largerIndustrial zoned and developed area with limited access points from arterial roads, separation fromcommuter and residential community traffic is provided as contemplated by the provision sought to bevaried in this case. Granting the requested variance will not undermine the purpose of § 18-11-133(2).In passing the legislation permitting the medical cannabis dispensary use, locating dispensaries incommercial and industrial properties (like the subject W2) was a deliberate choice of the Council.

The requested variance is the minimum necessary to afford the Applicant relief. Granting theproposed variance will not alter the substantial character of the neighborhood, nor will it impair theappropriate use or development of adjacent property. The property is not located within the'limiteddevelopment or resource conservation areas of the critical area or within the bog protection area.Finally, the proposed variance will not be detrimental to the public welfare.

For all the reasons stated above and to be presented at the hearing, all standards of AnneArundel County Code §§ 18-1 1-133, 18-16-304, and-l 8-16-305 are met. We'respectfully request thatyou recommend approval of the special exception and variance applications. Please do not hesitate tocontact me with any questions or comments you may have.

Sincej^ly,

. Devlin

JFD/jjbec: Gina Berman, M.D.

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