Surprise planning committee to consider city's first cannabis dispensary

Surprise may soon get its first cannabis dispensary if the city’s planning commissioners approve a permit application to operate a 3,000-square-foot marijuana facility near Bell and Dysart roads.

When the Surprise Planning & Zoning Commission meets Thursday night, it’ll consider whether to grant a conditional use permit for a dual licensee marijuana facility, meaning the site would be permitted to operate as a medical marijuana dispensary and a retail establishment for recreational use.

City officials are recommending the commission approve the permit after determining that the proposed dispensary “will not impair the integrity character of the community,” and that it won’t be “detrimental to the public health, safety or general welfare of the city.

Lindsay Schube, an attorney who practices cannabis law with the firm Gammage & Burnham, is listed as the applicant for the permit. She represents an individual who is going to purchase the property and lease it to a tenant to operate what could be the city’s first dispensary.

A dispensary in Surprise means an increase in sales taxes for the city, she said.

“The citizens of Surprise who do use this product, they’re already buying it, they’re already consuming it, they can get it delivered to their home from other dispensaries,” Schube said. “But the city of Surprise does not get the benefit of that sales tax.”

The city was unable to provide details by the deadline on the remittance of taxes from dispensaries and how much revenue it’s estimated to receive.

The company the prospective property owner has lined up to lease the site currently operates out of Phoenix, according to Schube, who was not authorized Tuesday afternoon to name the business.

If the permit is approved, the shop would sit on an approximately 1.1-acre vacant parcel within a commercial development on the northwest corner of Bell and Dysart.

“Part of the statute (legalizing medical marijuana) requires that every jurisdiction make reasonable zoning regulations to allow for dispensaries,” Schube said, adding, “I would say this is probably the only location within the city of Surprise that has the proper zoning and meets the setback requirements for prospective uses as required in the zoning ordinance.”

As part of the permit conditions, Gammage & Burnham agrees, among other things, to not provide delivery services, to prohibit on-site consumption of marijuana, and to not throw out any cannabis products in exterior trash bins.

The dispensary would operate Monday through Sunday, from 8 a.m. to 9 p.m. It would also be located more than 1,100 feet from the nearest place of worship and dwelling unit, and is 3,000 feet from the nearest school, satisfying the city's distance requirements for marijuana facilities.

Gammage & Burnham invited the public to a citizen participation meeting at the Surprise Regional Library in August to hear more about the proposal. A half-dozen or so community members reportedly attended.

During the meeting, Gammage & Burnham officials told residents that the building’s signage would be “tasteful” and comply with the city code requirements. The business would also operate with about 12 employees on-site at a time, the officials had said.

Since that meeting, two people have sent letters to the city expressing opposition to the proposal, according to the agenda report for Thursday’s meeting.

One author asked that it be denied because it “brings in a clientele that you don’t want to Surprise.” She also cited her experience working near a dispensary in Phoenix, where she can smell marijuana from outside the building, has noticed a lot of foot traffic, and found there to be a lot of homeless individuals nearby.

Another individual who said he attended the Aug. 23 meeting raised concern over the dispensary’s potential placement within 300 feet of a fast-food restaurant and a convenience store.

While choosing not to directly respond to the concerns, Schube reiterated that the city is obligated to make reasonable zoning requirements for dispensaries.

“I do believe this is the only location that would fit,” she said. “And so I do believe this is a great location to have a dispensary in the city of Surprise."

If Gammage & Burnham receives the green light to move forward with the project, it would next need to apply for a site plan and then obtain civil and building permits within a year of the planning commission’s approval.

The Planning & Zoning Commission meeting is scheduled for 6 p.m. on Thursday in the City Council Chambers at 16000 N. Civic Center Plaza in Surprise.

This article originally appeared on Arizona Republic: Surprise doesn't have a pot dispensary, but that could change soon