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1 CASE^(3i<8- QO^-^ FEE PAID ~^-~)0 DATE I }j-zjiil ZONE CRITICAL AREA: IDA_LDA BMA: Yes No NO OF SIGNS RCA NOTE: Th ton " h,1,,,,,,,,,,,,, SPECIALEXCEPTION APPLICATION wm C:I"be llowt"oadcti '0 <^^E^Tf 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 Tax District (3 ) Coujicil District,? Waterfront Lot: Y Q N [/] Comer Lot: Y [] N Q Deed Title Reference / 239 Zoning District W2 Area _ (Acres Lot # 9R Tax Map 0011 Block/Grid 0001 Parcel 0127 Subdivision Name Brandon Woods Bus Pk Sc1 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 Applicant's SignAure -' V ^ Owner's Signature Print Name Gina Bei-man /5<- /^0 /^/^^ ^r^^ print Name Mailing Address N 9th Avenue _ Mailmg Address City, State, Zip Phoenix AZ City, State, Zip Work Phone (602) Cell Phone (602) Address gina@givingtreeazcom Work Phone Cell Phone Address -" - ^-r ~^^, * * * Below * * * Application accepted by Anne Arundel County Office of Planning and Zoning: KCV UO/U^/IU -^^- SPECIAL EXCEPTION TO ALLOW A LICENSED PREMISE OF A LICENSED DISPENSARY OF MEDICAL CANNABIS AS DEFINED IN COMAR IN A BUSINESS COMPLEX IN A W2-LIGHT INDUSTRIAL DISTRICT

2 CASE # FEE PAID ^1% ZONE CRITICAL AREA: IDA LDA RCA DATE BMA: Yes NO OF SIGNS No SPECIAL EXCEPTION APPLICATION E: 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 of frontage on the (S ) side of Energy Parkway (Enter Street Name) ^_ feet C^" ^ ) of Clearest intersecting street) Fort Smallwood Road- ^ZLA^S/I ^tf'<5^s^{ V<31 (Enter Street Name) 12-digit Tax Account Number _ Tax District ( 3 ) Council District (i ) Waterfront Lot: YQN0 Comer Lot: YQN[7] Deed Title Reference / 239 Zoning District W2 Lot # 9R_ Tax Map 0011 Block/Grid 0001 Parcel 0127 Area _ (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 of the property; that he or she is authorized to make this application; that the infbrmatioii shown on this application is correct; and that he or 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 N 9th Avenue City, State, Zip Phoenix, AZ Work Phone (602) Cell Phone (602) Mailing Address ^S](^ l0c, <-<r&a_> ^G^ -F ^ City, State, Zip <IJIOY^^^I ' Work Phone Cell Phone -^& S:t2 ' ^^2-Z- ^^ ^J^-7^ Address gina@givingtreeazcom Address W^^\^\ U-h, QAT^^O^ <nvtf\g 11 ' & yv * * * Below * * * Annlication acceoted by Anne Arundel County Office of Planning and Zoning: '^Y'^^_\ i (^] Irftial,st/ ' Me' ===^s=^^^s^^

3 (A,ores CASE^O)^~(^^-V FEE PAID s' a- DATE >)i^ i?is ZONE CRmCALAREA: IDA LDA BMA: Yes No NO OF SIGNS RCA VAMANCE APPLICATION NOTE: 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 tilled out 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 _ Tax District (_3_)Council District,3 Waterfi-ont Lot: YQ N 0 Corner Lot: Y [~] N [/] Deed Title Reference / 239 Zoning District ^W2 Lot # 9R Tax Map 001! Block/Grid 0001 Parcel 0127 Area ) 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 (2)) The applicant hereby certifies that-h5~d»sshe has a financial, contractual, or proprietai-y interest in the property; that he or she is authorized to make this application; that fl^e infohnation shown on this application is coirect; and that he or she will comply with all applicable regulations ofanne Anmdel County, Maryland Applicant's Signature ^--"" Print Name Gina Berman^c /*^ /'t/f-^^ ^f^ ^Uwsfry Owner's Signature print Name Mailing Address N 9th Avenue _ Mailing Address City, State, Zip Phoenix, AZ _ City, State, Zip Work Phone (602) Cell Phone (602) Address gina@givingtreeaz com Work Phone Cell Phone Address * * * Below * * * Application accepted by Anne Arundel County Office of Planning and Zoning: Iiiiti^ls,1? VARIANCE TO ALLOW A LICENSED PREMISE OF A LICENSED DISPENSARY OF MEDICAL CANNABIS AS DEFINED IN COMAR IN A BUSINESS complex WITHOUT VEHICULAR ACCESS TO AN ARTERIAL OR HIGHER CLASSIFICATION ROAD lj^)^

4 CASE #, FEE PAID ZONE CRITICAL AREA: IDA LDA RCA DATE BMA: Yes NO OF SIGNS No VARIANCE APPLICATION NOTE: 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 /^O feet (W ^ (Enter Street J<ame) ) 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 _ Tax District (^_)Coundl District 3 Waterfront Lot: YQ N0 Corner Lot: Y [] N [7] Deed Title Reference / 239 Zoning District W2 Area 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 (2)) The applicant hereby certifies that he or she has a financial, contractual, or proprietary interest in the property; that he or she is authorized to make this application; that the information shown on this application is correct; and that he or she will comply with all applicable regulations of'anne Arundel County, Maryland Applicant's Signature Print Name Gina Berrnan Mailing Address N 9th Avenue City, State, Zip Phoenix, AZ Work Phone (602) Owner's Signature Print Name ^G^ndQ^ "MO^VK Mailing Address la^(^ K^tY-Fc^O L ^b(- <2jt- City, State, Zip<^^^<sVtlle- ^ MD CZf< Work Phone Cell Phone (602) Cell Phone 3^1 U-12'^4^-2- Address gina@givingtreeazcom Address &&(% CYncvti CFrfY) * * * Below * * * Application accepted by Anne Arundel County Office of Planning and Zoning: ± Initfals )IL I'^ RevOS/U-S/16 VARIANCE TO ALLOW A LICENSED PREMISE OF A LICENSED DISPENSARY OF MEDICAL CANNABIS AS DEFINED IN COMAR IN A BUSINESS complex WITHOUT VEHICULAR ACCESS TO AN ARTERIAL OR HIGHER CLASSIFICATION ROAD

5 JOSEPH F DEVLIN Devlin@CounciIBaradel com Telephone Extension: 3414 January 12, 2018 VIA HAND DELIVERY Office of Planning & Zoning Zoning Division 2664 Riva Road, PO Box 6675 Annapolis, Maryland Attn: Lori Rhodes Re: Letter of Explanation for Maryland Physician Partners, LLC Special Exception and Variance Applications Our File No : Dear Ms Rhodes: The undersigned is counsel to Maryland Physician Partners, LLC Maryland Physicians Partners, LLC was granted pre-approval status for a Medical Cannabis Dispensary located in Senatorial District 31 in December, 2016 Please accept this letter in support of the administrative applications for special exception and variance relief submitted on behalf of my clients seeking authorization to open a licensed dispensary of medical cannabis at 7609 Energy Parkway, Baltimore, MD The property is zoned W2 and is located on Lot 9R of the Brandon Woods Business Park Special exception approval is sought to utilize that portion of the building located at 7609 Energy Parkway known as Suite 901 for the medical cannabis dispensary use Suite 901 is the second suite from the east end of the building and comprises approximately 1,768 square feet and includes its own ingress and egress from the common parking lot adjacent to the building As recited below, the application meets all of the requirements for special exception approval in the W2 district for the medical cannabis dispensary with one exception One issue which has arisen in our discussions with the County concerning this application relates to the requirement that "vehicular access shall be from an arterial or higher classification road " While we do not believe that this provision requires that the subject property be located on an arterial or higher classification road, we have 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 Fort Smallwood Road to the east and Solley Road to the west, utilizing Energy Parkway within Brandon Woods The 7609 Energy Parkway property within which the subject dispensary space is located fronts on Energy Parkway with vehicular parking and pedestrian access from Brandon Woods Boulevard While Energy Parkway is a collector road and Brandon Woods Boulevard is a local road within the Brandon Woods Business Park, the Park is self-contained and the only roads providing access into the Park are either Fort Smallwood Road or Solley Road, both of which are minor arterial 125 West Street, 4th Floor, Annapolis, Maryland T F CouncilBaradel com

6 Office of Planning and Zoning Page 2 January 12, 2018 roads As such, access into the Brandon Woods Business Park requires use of one of two arterial roads with 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/or unnecessary hardships given the unique circumstances of the configuration of the Brandon Woods Business Park and the subject property within that Park with its limited access and visibility An exhaustive search has been conducted to find properties available within District 31 that meet all of the requirements for special exception approval without success We believe that the purposes of the arterial road provision are otherwise met in this case given the limited access in and out of the Business Park Special Exception The application meets all of the requirements of to grant a special exception for a medical 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 Board of Education (2) Indirect access to the property is from one of two arterials although the subject site is directly 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 licensed dispensary of medical cannabis (5) The premises will not have any displays of medical cannabis visible to its customers or the genera] public (6) The dispensary will not have an on-site physician for the purposes of issuing written certifications for medical cannabis The proposed special exception meets all of the general standards of for special exception 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 and visibility The dispensary will be designed to limit access within the facility to the medical cannabis product and will include a sophisticated security system The dispensary will be operated in full conformity with all governmental requirements The benefits of the availability of medical cannabis to the public is well-founded and confirmed by the State legislature and County Council in authorizing the use

7 COUNCIL BARADEL Office of Planning and Zoning Page 3 January 12, 2018 Variance (2) The dispensary will be compatible with the appropriate and orderly development of the district The Subject Site is zoned W2, Light Industrial, and is part of the greater Brandon Woods Business Park Limited to highly regulated medical cannabis products, the use is analogous 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 of noise, fumes, vibration, or light to nearby properties than other types of operations or uses permitted in the district, which include breweries, building materials storage, business complexes commercial recreational facilities, contractor and construction shops and yards, commercial equipment sales, repair and storage, manufacturing uses, laboratories, and professional 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 Health Department 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 allowing medical cannabis to be grown, processed, and dispensed in Anne Arundel County is substantial evidence of a public need Additionally, medical cannabis has been proven effective in treating the symptoms of many illnesses and diseases, including but not limited to 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 , with the exception of one requirement - vehicular access Applicant has submitted a variance application to this requirement (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 The Subject Property is located on Energy Parkway at its intersection with Brandon Woods Boulevard Energy Parkway, a collector road, bisects the Brandon Woods Business Park from east to west with the Park bordered by Fort Smallwood Road to the east and Solley Road to the west Both Solley Road and Fort Smallwood Road are minor arterial roads which must be traversed to obtain access into the Business Park via Energy Parkway The Subject Property is approximately 900 feet from the intersection of Fort Smallwood Road and Energy Parkway and approximately 1, 500 feet from the intersection of Solley Road and Energy Parkway Once inside the Business Park, all traffic is contained within the Park with ingress/egress points limited to Fort Smallwood Road and Solley Road, both minor arterials

8 COUNCIL BARADEL Office of Planning and Zoning Page 4 January 12, 2018 After an exhaustive search, the applicant was unable to find an available location in District 31 that met all the criteria outlined in The applicants retained John Gallagher, a licensed commercial real estate agent, in February of2017 to assist them in their search for a property in District 31 that met the specific special exception requirements Mr Gallagher employed a number of different databases and resources to identify potential properties within the District Approximately fifteen properties were considered, none of which met a//the requirements of The combination of the setbacks from schools, dwellings, and residentially zoned property was the most difficult requirement 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 circumstances other than financial considerations, finding a property within District 31 that meets a// of the requirements presents practical difficulties and unnecessary hardship which can be avoided by the grant of the requested variance Given its location within a large Business Park within a larger Industrial zoned and developed area with limited access points from arterial roads, separation from commuter and residential community traffic is provided as contemplated by the provision sought to be varied in this case Granting the requested variance will not undermine the purpose of (2) In passing the legislation permitting the medical cannabis dispensary use, locating dispensaries in commercial 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 the proposed variance will not alter the substantial character of the neighborhood, nor will it impair the appropriate use or development of adjacent property The property is not located within the'limited development 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 Anne Arundel County Code , , and-l are met We'respectfully request that you recommend approval of the special exception and variance applications Please do not hesitate to contact me with any questions or comments you may have Sincej^ly, Devlin JFD/jjb ec: Gina Berman, MD

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