Pinetop Lakeside planning commission recommends larger dispensary size, narrows 500-foot setback language

The Pinetop Lakeside Planning and Zoning Commission voted to recommend amending town code to allow dispensaries up to 4,000 gross square feet and to adopt a 500-foot setback measured to the setback (or lot) line from specified family-oriented facilities.

Frank, a staff member presenting the proposal for amendments to Town Code 17.102, said the increase from the current 2,000 square feet is needed because dual medical/recreational operations require separated spaces. "That 2,000 square foot building is not sufficient for the type of business," Frank said, describing the rationale for raising the cap toward 4,000.

Several commissioners said they supported the 4,000-square-foot cap. "If the developer was seeking 3,200 square feet, I think 4,000 is reasonable," one commissioner said, noting the town should signal it is open to the business. Another cautioned that a 1,000-foot setback would be overly restrictive given the town's limited available sites.

Members debated how to define protected "family-oriented" uses. Commissioners agreed to narrow the language to a list of specific facility types (for example, movie theaters, bowling alleys, miniature golf and other sporting facilities) rather than the broader phrase "devoted to family recreation and entertainment," which several members said could be read to include restaurants or small retail.

Public commenters pressed for larger buffers. Rachel Hendricks, owner of White Mountain Family Fun Park, said she was assaulted on her property on April 4 and that the incident is "an active criminal case with the Pine Top Lakeside Police Department," urging an overlapping 750–1,000-foot buffer so a dispensary would not sit between the park and Lions Camp Tauthier, which serves people with special needs. "500 feet is not a buffer for us," Hendricks said.

Robert Ingalls, a longtime resident, and Dave Hendricks also urged larger setbacks and asked staff and the commission to clarify whether distances are measured to building walls or lot lines; Frank and other staff noted the measure can be to the setback or lot line to avoid locking out future residential development in adjacent parcels.

A commissioner moved to recommend that the town council revise Town Code 17.102: cap dispensaries at 4,000 gross square feet and amend the setback subsection to prohibit dispensaries within 500 feet of enumerated family-oriented facilities (measured to the setback/lot line). The motion, as amended to list specific facility types and to reference the setback line measurement, was seconded and put to a vote; the chair recorded the result and the commission proceeded to the next item. The recommendation now goes to the town council for final consideration.

Next steps: staff will prepare the recommended ordinance language for council review and to resolve remaining drafting questions (exact measurement language and any minimum-lot-size or parking standards tied to the larger building footprint).