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Pinetop Lakeside council declines immediate increase to dispensary size, sends zoning changes back to planning commission
Summary
After public comment from nearby family-entertainment business owners, the council voted down an ordinance that would have raised the maximum marijuana-dispensary building size to 4,000 square feet and directed staff to return the full zoning changes to the Planning and Zoning Commission for further review.
Pinetop Lakeside Mayor Irwin and the town council voted on and rejected an ordinance that would have raised the maximum allowable building area for marijuana dispensaries to 4,000 square feet, after public concern about gaps in the town’s distancing rules for privately owned family-entertainment sites.
The measure, presented as Ordinance 26490 and discussed under staff report by interim community development director Frank Young, also cited consistency with Arizona Revised Statutes §36-2857(C)(1) as a basis for local regulation. Young told the council that a developer interested in building a dispensary had backed out of a purchase earlier that day, and he recommended sending the draft ordinance back to the Planning and Zoning Commission for additional refinement.
“Does a child become less vulnerable just because the park they are playing on is privately owned?” asked David Hendricks, who identified himself as owner of White Mountain Family Fun Park. Hendricks urged the council to table the proposal and asked that the town extend its 500-foot buffer to include privately owned facilities devoted to family recreation — arcades, mini golf and similar venues — the same way neighboring towns have adopted protections for youth-oriented sites.
Council discussion focused on two separate issues: whether to allow a larger dispensary footprint and whether the town’s distancing rules should explicitly protect private family-entertainment properties. Vice Mayor said the council could approve the square-footage change now and return the distancing questions to Planning and Zoning; Councilor Heisler and other members urged caution, citing recent state legislation (Bill 2447) whose local impacts are not fully understood.
A motion to adopt Ordinance 26490 to increase the maximum building area to 4,000 square feet failed on a hand vote. The council directed staff to return the entire package — including distancing definitions and other siting rules — to the Planning and Zoning Commission for further study.
The transcript contains inconsistent renderings of municipal names and candidate names discussed during the meeting; the council’s action and Mr. Hendricks’ request were recorded on the public hearing record and will be considered again by Planning and Zoning.
