Existing medical marijuana dispensaries and dual-licensee facilities may be allowed to move within 1,000 feet of a like business under a plan to be decided by the Mesa City Council.
The Mesa Planning and Zoning Board on May 24 voted 5-0 on a consent agenda with other items to recommend that the city council approve changes to the zoning ordinance including modifying the spacing requirements for medical- and recreational-marijuana facilities that are permitted in the light industrial and general industrial zoning districts. Absent were board members Genessee Montes and Troy Peterson.
Medical marijuana and dual recreational/medical marijuana dispensaries must currently be separated by 5,280 feet — one mile, Assistant Planning Director Rachel Nettles said in a study session prior to the meeting.
“So once a facility gets registered with the city, then that separation comes into play and so no one within that buffer can then establish another facility,” she said.
The proposed changes to the zoning ordinance would create an exception for 12 existing marijuana facilities.
“So those are facilities that are currently registered within the city today. So these proposals would not be applicable to any new dispensary wanting to locate within the city,” Nettles said. “And the recommendation is that we allow them to be located within 1,000 feet of another medical marijuana facility or a dual-license facility if they meet certain criteria.”
The dispensaries with a certificate of occupancy may locate a minimum of 1,000 feet from a medical marijuana facility or dual-license facility at an 80-acre or larger industrial development if they are set back from a six-lane arterial roadway by at least 300 feet, and they are separated from the nearest registered medical marijuana dispensary or dual-license facility by a six-lane arterial roadway, according to her presentation.
“The reasoning behind this is that as staff has evaluated these marijuana regulations over time, we’ve kind of recognized that there are certain areas in the city where we feel that it is more appropriate to locate these facilities to buffer them from residential and from other protected uses. So the intent of this is to kind of incentivize a way for those facilities to locate within these areas,” Nettles said.
Boardmember Jeff Pitcher asked why dispensaries would be required to have a certificate of occupancy versus they paid sales tax within the last few months.
“That way we know that they are actually operating, not that they have a (certificate of occupancy) and could operate,” he said of dispensaries paying an Arizona transaction privilege tax.
“One is to make sure that the building site has been approved, so they have received all of the building and fire approvals through that versus just getting a business license through the city,” Nettles said.
“I don’t have a problem with that part. It’s just that they are actually operating within the facility. We may want to think about adding that they paid sales tax, that they are actually an operating facility,” Pitcher said.
The seven-member Mesa Planning and Zoning Board conducts hearings and makes recommendations to council on requests for changes in zoning and on required site plans. It also considers and recommends changes in the city’s long-range plans and in the municipal code concerning planning and zoning matters. Members are appointed for staggered terms of three years, according to the city’s website.
Richard H. Dyer can be reached at rdyer@iniusa.org, or on Twitter @rhdyer. To voice your opinion on this story, connect with us at AzOpinions@iniusa.org.
Richard Dyer Managing Editor | East Valley @RHDyer
Meet Richard Richard Dyer has worked at Independent Newsmedia Inc. USA since 1987, starting his career in Apache Junction as a copy editor and being promoted over the years to work as the editor of the Mesa Independent, news services editor for the East Valley office in Apache Junction, managing editor for the East Valley office, news services editor for the East Valley office and eventually also for the newspapers at INI’s then-Chandler office, managing editor again and as a news editor covering Apache Junction/Gold Canyon and Queen Creek. He helped start the Florence Independent while the news editor covering Apache Junction and Mesa news. In January 2023, he became associate managing editor for the East Valley newspapers and in August 2023 became managing editor for the East Valley newspapers of Chandler/Tempe, Gilbert, Queen Creek, Florence, Mesa and Apache Junction/Gold Canyon, while also reporting on Mesa and Apache Junction/Gold Canyon.
Community: Since 2009, he has worked as a volunteer to design The Blue Guitar Magazine, Blue Guitar Jr. magazine and Unstrung magazine, which are projects of The Arizona Consortium for the Arts; and since 2014, has been overseeing the art submissions.
Education: University of Arizona with a master of arts in journalism and a bachelor of science in agricultural communication. Also continuing education at Mesa Community College in welding in a metal art sculpture class.
Random fact: Saw his first tornado on May 31, 2010, which was classified as an EF-2, as part of a stormchasing tour group.
Hobbies: He is an artist of welded-steel sculptures, selling his artwork at juried and non-juried art shows.
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