Planning and Zoning Commission - Regular Meeting

I really like he's good, dude. We got a little bit of time yet.

Okay. I'm glad I'm alive. So, you're live. Go ahead. Yeah, you're live. It's not six yet. Oh, okay. Okay.

Like to call the meeting to order. Roll call. It looks like we have everyone present at the meeting. Like to say the pledge of allegiance, please. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

This is a business meeting of the planning and zoning commission. The town values and welcomes public input. Please address the commission as a whole and not individual commission members. Do not address the staff members of the audience. Commission action on items brought up is called to the public is limited by open meeting law. The commission may direct staff and study the matter and reschedu for further consideration at a later date. Items on the agenda will not be heard or discussed in the call to the public. Individuals are limited to three minutes. First thing, consider approval of the minutes of the regular meeting of the planning and zoning commission held on July 25th.

Make a motion we approve as submitted. Second. All in favor? Eyes have it. Yeah, I thought it said D1 on there. Or did you put call the public, too? Yes, I address. Okay. So, we do have a call to the public. It's on the card. Sorry. Are we okay, Mr. Chairman? The the first item was a call to the public and they we we haven't done a call to the public. I think we have somebody that wants to speak. You should have gards. You got a D1 card up here. Come on up.

Thank you, chairman and commission. as a longtime resident of the community and somebody that is doing my best in some ways at least to try to uh keep a quality of life good for the residents in the town. And I know as some of you are newly seated and some of you have experience up there. I'm looking forward to more communication with the citizenry and the planning and zoning commission um agenda procedures where the 8 days in advance of meetings. I'm going to try to submit some material that I feel is relevant to being compliant with our town's general plan and town code that I think would be good meeting discussion at future planning and zoning meetings. um as a longtime citizen, as a past uh server both on the planning and zoning commission as early as 1985 and also on Navajo County and attending planning conferences. Um my home here, I plan to live here till I'm no longer alive on Earth. um some of the things that I feel I'd like to throw out for discussion and refer to in the code and the general plan is kind of an umbrella. Um I hope there'll be time that the chairman, the community director will feel worth having discussion on. So, as I leave the podium tonight, it's kind of just a heads up. um the specifics that I'll bring up if they are important and the discussions that will go on in planning and zoning meetings. If there are references to the code or the general plan, as a citizen that values those

documents, it makes me feel good to see that the commission is aware of those items and uses them when they're making their subjective assessment as projects are looked at and approved. Thank you.

Thank you, Mr. Engel. Anyone else? Okay, let's move on to new business. Public comment will be taken at the beginning of each agenda item after the subject has been announced by the chairman and explained by staff. Any citizen who wishes may speak one time for five minutes on each agenda item before or after commission discussion. Questions from the commission members, however, may be directed to staff or a member of the public through the chairman at any time. Mr. Chair. Yes.

I'm sorry to interrupt again and and and the call to the public kind of got you off track, but we still got to do the move approval of the minutes. That wasn't done. We didn't take a a final vote. We did. We did take a final vote. Was there a final vote taken? Was there a second? Yes. Everything's taken care of. Okay. Just want to make sure. I didn't hear the second. Did you get that? Yeah. Okay. Yeah. Everything was approved to them.

Thank you. Uh D1, Select Planning and Zoning Commission Chair and Vice Chair for 25 and 2026. [Music] I make a motion to elect Jack Pence as chairman of the Planning and Zoning Commission. I'll second that. All in favor? And he had D1 written down. I'm sorry. I'm not Oh, no. Go ahead. Go ahead, Mr. Engel. Thank you.

Yes, I came specifically tonight. I'm aware that the uh council has been kind of rekindled on the idea of annexation. And having attended both council meetings and planning zoning meetings intermittently, I do know that the importance of who is the chairman and the vice chairman in this group would do a lot to um I'll say open up the receptiveness to decisions that are made, recommendations that are made by how people feel when they attend meetings. And there's people that just say they don't come, they don't listen. And I'd like to see that change. And I hope that with leadership moving ahead at least for one year for the chairman and the vice chairman that some of the lessons may be learned from past meetings from the history of the town. We've had some referendum issues in the past and there's some uh I say concern as we move ahead the types of projects that would be out there for consideration as well as looking at the zoning code. This I think is the fourth meeting in 2025 of the commission and planning is the first part of zoning. And so as you decide your leadership, I'm hoping that maybe a leader will be motivated to create more citizen interaction, more meetings or work sessions where the pulse of the community could be exchanged with you as a commission to help us grow in the the best way we can as a community. So that's what I wanted to say about

leadership. Thank you. Mr. Engel, I think the problem is no one attends. Look, you're here. He's here. Who else? And that the announcements are put out there. Everyone knows we're having a planning and zoning meeting. No one cares. No one's involved. You know what I mean? So, we can do what we want to, you know, to try to get people involved, but if they don't want to get involved, we can't do anything. Do you know what I mean? So, we try. We try. Could I add? Sure, Jack.

Um, I think one of the goals here is to be extremely transparent um with everything that we do, keep everybody informed and get all the questions answered. Um, and you know, if we need to postpone a meeting, uh that's not a problem. Give people a chance to get their questions submitted so we can get them answered. Mr. Chair, the the item on the agenda right now that you've uh had a motion and a second is the item that needs to be acted on. Appreciate Mr. Engel's comments, but we really need to stick to the agenda uh on hand and not get off on the other things which are important, but we need to stick to the agenda uh item. Okay. Thanks. Hey D1, we're going to select the planning and zoning commission chair and vice chair for 2025 and 2026. I make a motion for Jack Pence for chairman.

I'll second that. All in favor? I I'd like to make a motion for Tim as vice chairman. He's got the experience and the longevity here and he would be great support. So I'll make a motion for him as vice chair. We have a second. I'll second that. All in favor? I I have it.

A D2 public hearing discussion and consideration regarding amending town code chapter 17102 medical marijuana.

Mr. Chairman, let me preface my remarks tonight that I'm here in the capacity of uh interim town manager. Uh I'm not a commission member uh this evening and I won't be one until such time that a position has been filled to take this position. So I want the public to know that I am not a acting as a commission member. My role is interim town manager. Make that very clear before I start any comment. Okay. Thank you, Mr. Miller.

Thank you. Um tonight, uh this item, item D2, uh related to the um medical marijuana ordinance and the recreational marijuana discussion we have in our community right now is we have a medical marijuana ordinance that was approved, you know, following the legalization of uh medical marijuana. Uh, obviously the state voters decided that recreational marijuana was legal in the state of Arizona and the statute says that if you're going to have a medical marijuana ordinance, which we have that regulates medical marijuana, you have to have a recreational marijuana ordinance that is no more restrictive than what you allow under your medical marijuana ordinance. Tonight's um business is to uh have the recreational marijuana ordinance. So that that's before you uh mimic what's done for medical marijuana. The other thing that we've done uh in these ordinances and there's a couple of them. The first thing you're going to do is talk about medical marijuana. We're looking at the standards under that ordinance. And right now there's a standard that says you have to be uh 500 ft from a residentially zoned property if you're going to have a medical uh marijuana dispensary. uh you also in under that ordinance have to be at least 1,000 ft from a uh school or a religious institution. And so those are the parameters that guide the locationational requirement for a medical marijuana dispensary. These dispensaries uh we don't have one presently in uh the the town of Pinetop Lakeside. There is one in Xolo. Um, many people go there uh for the the cannabis for medical or recreational. And really the only locations if you're

going to find a location uh in Pinetop Lakeside is more than likely along the the White Mountain Boulevard Highway 260.

Problem with that is you have a lot of residential that's butdding up right behind the commercial. Um the the medical marijuana dispensaries and and what we'll act on later the recreational is required to be in a commercial zoning district but the separation requirement is requirement is really limiting the number of locations that that can be can go in. Sorry. The staff is recommending uh a change in the locationational criteria to reduce the 500 foot separation from the dispensary exterior wall of a dispensary to the exterior wall of a residence to 250 ft rather than 500 and uh for religious institutions and schools to change it from a,000 ft down to 500 ft. Those are the the main changes that we're going to uh that you'll have conversations about tonight. Um, you know, there's a you this ordinance was presented and approved by council the medical the side uh a while back and there has been some interest uh in the area to perhaps have a uh medical and recreational duallicicensed facility. You can't have them separated. They've got to do both medical and recreational uh distributed in a dispensary out of the same building or the same location. You're not going to have them all over. The provision in the code in this uh suggestion is that we'll only have one. These licenses are uh reviewed and and strictly enforced by the state of Arizona. Uh and so if someone comes into the area, they are more than likely going to take a license from another location within Arizona and bring it into here. Uh would would have to adhere to uh these guidelines that are here before you tonight. But the most important part of the decision is to comply with the state code which says

you can't treat recreational dispensary any differently than you do your medical dispensary. and then looking at some of those slight changes to u uh decrease the separation requirement from residential zone property and from churches and or other schools. Mr. Miller, what is um in Xolo? Is that a medical and a recreational? I I can't answer that. I don't know. Um I I don't know. I've never been in it. So, uh I suspect that it could be a dual license facility. Uh if it isn't, they can't under the state law prohibit somebody from offering recreational marijuana in uh a facility like that. But I don't know the answer to that question, sir.

Yeah. I don't think it's medical. I I really don't. I don't know. I I don't know, though. I I really don't know. Um it is. It is. Okay. So, it's medical and So, you've been in there, Jack? No, I have not, but I know. I'm just kidding. Um, so, so what we're asking for is 200 feet from 500 ft and 500 ft from 1,000 ft.

250 ft from 500. So, basically cutting that in half for residential from residentially zoned property. Keep in mind that our zoning code allows residential and commercial. uh that doesn't impact because you know this these um dispensaries have to be in a commercially zoned property and if there's a residential home within a commercial zoning district that separation requirement doesn't apply. It's a separation requirement from the dispensary the exterior wall of the dispensary to the exterior wall of the nearest property that's zoned residential.

Mhm. Yeah. I often wondered why we didn't have one because I think we're losing a lot of revenue. Well, the benefit of having one uh is the sales tax revenue that the town would generate. You know, it's a 3% we have a 3% uh sales tax. Uh the other benefit is uh that the state has a provision in uh the the code that basically provides uh pretty sizable contributions back to public safety uh departments, police departments. Uh, so our public safety department could actually benefit some in addition to the sales tax that we'd receive as well. M

Mr. Miller, um, question. Um, who comes up with the numbers, the the distance, the 250, the 500. Is that a state thing or is that just something that we've the town is this is the number. The town when it originally adopted the medical marijuana ordinance came up with that number. It was uh something that the council deliberated on. felt that that separation was uh a number. It just came and so what it what it's presenting though is a challenge. That number presents a real challenge for anybody to open up a facility here. That's why we're recommending reducing that requirement somewhat so that we can have the a a dual license facility somewhere in Pinetop Lake. And how long ago was that

that ordinance was approved? Yes, sir. Oh, you know, can you you um I I don't have that answer either. It was I'm sure that they probably acted on this ordinance be before the state law made the ordinance for the town. Okay. And and that's what the impetus is to

change everything. Usually what happened, you know, when the medical um marijuana became law where you could legally sell medical marijuana, the state basically told the towns, you better and cities, you better come up with your own ordinance or we'll come up for one for you. And I suspect, well, I wasn't here at the time that the town elected to create an ordinance that regulated these facilities before the state imposed the regulation on behalf of the town. And and all we're doing tonight though is really fixing something that we're in uh conflict with with the state law that says you can't treat recreational any different than medical. And right now under our uh city code or town code, um recreational is prohibited outright. Can't do it.

It's way more restrictive than what we have for medical and and the state law says you can't do that. And that's why we're here tonight. So with regard to the distance restrictions, you gave an indication that it severely limits. Has there been any study to determine the degree of restrictiveness associated with

We've not conducted any studies, but the people that have approached us about potentially uh locating a facility here, they've said it's very restrictive and they're having a very difficult time under the parameters of our current code, finding a location that would meet that criteria. That's really what we're doing is trying to loosen that standard somewhat. Uh well, like we say, this this these code revisions aren't going to open up uh up and down the boulevard for uh cannabis sales of any type, medical or otherwise. If it has to be a dual licensed facility, offering both and there's only going to be one in the whole town where whoever comes in, wherever it's placed, uh would be the only facility in town. So we're looking at at 250 ft from schools, places of worship, parks, 500.

That's 500 ft there. More the form for that. Uh reduced on the residential but more on the uh religious institutions and schools. We still have 500 ft for that, but just the 250 is just residential. Correct. So we could have recreational marijuana sales 500 feet away from high school. Uh, under this code, you could have recreational. Uh, it'd have to be at least 500 ft away from the school. Correct. Does this open up quite a bit more opportunity or is it Cuz I can imagine the way the town is set up, we're we're pretty limited to where they could put them. Even with the new set of set of numbers,

Jeremiah, our planning director, has evaluated the the locations in town and this would open up uh many more locations uh for a facility of this nature. Gotcha. So, an opportunity to bring one in, we're not going to have a problem with it. But it isn't quantified. It's just many more. I'm sorry. It isn't quantified. It's just many more. Many more what? Locations. This will open up many more location. Yeah. I mean, there's no quantification. Yeah. I don't have a a number of lots or a number of properties that uh would this would open it up for.

But what they you know, anyone looking for a facility would would understand that they've got to be 250 ft away. Right now, it's 500 ft away and it's just not um it really limits the the the areas to very few. If you want to answer question, it was adopted by ordinance in November of 2020. Okay. Uh the ordinance was adopted by ordinance of the council in November of 2020 for the record. Thank you. Well, do I have a motion on a one more comment? Okay.

I still I first read through the uh modified statute. I had an issue with the 250. Um especially from wall to wall. I mean it could be right to the property, you know, to set back 10 ft or 20 whatever it is. Um it could be very close. Um if that is allowed, people need to know and the public that we're going to require some really high quality screening, decorative walls, that type of thing to separate this structure.

That's a good point. Um, Commissioner, uh, the the separation is wallto-wall, not wall to zoning district boundary. Um, I can't sit here and tell you today whether uh, the next facility that or a facility that locates here will build a brand new building or not. Uh, there may be some vacant properties or vacant buildings that can be refurbished, remodeled, uh, reconstructed to serve this kind of a a business. Um, so if they come in with a new building, uh, they come in with a major site plan and they'd have to, you know, you have all those conditions, a landscaping and everything else. If they're looking at an existing building, uh, you'd be a little more limited because you're not going to be looking at a site plan. They just be looking at locating in an existing building doing business.

Any other questions? Do I have a motion on the public uh on the town code chapter 17102 medical marijuana? I'm I move to recommend to the town council amending chapter 17.102 102 medical marijuana thereby complying with the state statutes and permitting the sale of medical marijuana in the town of Ponttop Lakeside.

I'll second that. All in favor? I have it. Any opposed? Any opposed? Yes. One D3 Sterling abuse. Hi, Mr. Bu. Good evening, chairman, vice chair, and it's not council. It's commissioners.

Commissioners, thank you. Sterling Bu um live in the town here. Um, I would uh I mean I have some reservations on on all of this. Uh, it is still a violation of federal law actually to to sell or use marijuana. But, uh, I understand uh, from the state end if we allow medical marijuana, which we do, then we need to also allow the recreational marijuana. I would just encourage you. I don't uh I think the 500 ft from residence I mean I wouldn't want to live next closer to one than that. Uh I'd be okay I guess reducing that one but I think you should certainly consider keeping the thousand ft for religious institutions and schools. There's no reason why a dispensary should be closer than a thousand feet to a school or a religious facility for that matter. So I would hope and and you can do that. I mean you can change it alter it a little bit. Um right

Mr. Chair if I may. Uh motion seconded it passed. This is a recommending recommending body will come to the mayor and counsel. uh mayor and council will have the same kind of deliberation that you had tonight. Uh at that time, council member abuse can vice mayor abuse can um raise these concern at the council. It can be amended at that location if you want to have more conversations about it in front of council, but the the motion was made to Yeah, we already passed it. And that's my I guess my I should have done for D2 and D3. I was mainly concerned about the recreational marijuana. Um so,

thank you. So D3 is kind of mute when you look at the Arizona law. Am I correct, Mr. Miller? Yes, that's correct. D3, what you're doing here is allowing recreational marijuana with the medical uh to to be consistent with the medical marijuana ordinance that you just voted on. That is correct. So, do we have to make a motion on the D3? Yes, you do. Separate. Still do. Mhm.

Okay. D3. Public hearing discussion and consideration regarding amending town code chapter 17.114 recreational marijuana as we understand as Mr. Miller said that um we're not allowed to have recreational without medical. And right since you approved the ordinance that said 500 ft from the school, that ordinance has been approved. This one has to comply with that one. Okay. So we have to make a motion on it. Yes.

So with further discussion, if you don't mind, chairman. Um so medical being being one thing, I mean there are two different distinct things. because I understand they're handled under the law. Uh okay, we can't we can't discriminate between the two. Um I absolutely object to the idea of having a a I mean a school 500t away from a from a a medical marijuana or a recreational marijuana. Medical fine, that seems a little bit more controlled, but uh the recreational um not not okay with that. not around schools and uh religious institutions and public parks and that sort of thing. And I know that they do have to align. Um so at some point, and we'll likely address the council uh when this comes up, um that whether we reduce the the,000 ft uh down some, hey, maybe that's something the council can discuss, but um 500 feet, that's not far. That's a tenth of a mile, you know, that's uh that's not much. Can I can I read something to add to this real right quick?

So, I'm just looking up Arizona's zoning regulations for the marijuana dispensaries and state law mandates dispensaries be located at least 1,000 ft from schools, child care facilities, and places of worship. That's the state. So, we should not trump the state. Sorry, I should have looked that up. That's a good question. I I don't I don't know that we can or can't. Attorney Sims,

the attorney Sims reviewed this and I would have to direct that question to the legal council, but he reviewed the ordinance. If there is a conflict uh with the state that doesn't allow us to be more restrictive than the state on that or less restrictive than the state than that, then we'll we'll make sure that that's adjusted when we go to council. But he did review this. Um the these these dispensaries are regulated pretty heavily. Um this will be a dual license facility. So whoever is doing the medical will also be doing the recreational. The other thing that I really failed to mention is we have a lot of local standards on how and where you can use marijuana. First of all, you can use marijuana in a home right next to a school. That's allowed under the law. You can grow marijuana in a home. Uh I think it's six plants per adult

in a home under the new law under the voters approved. So this will be more regulated. Uh you know I I I I don't want us to be less restrictive in this than the state if we're not allowed to be. I'll bring that up with um our um our attorney to find out uh that answer. But he did review it. Uh Jeremiah sent it to him and looked at it and I will make sure that we're not doing something inappropriate. I'm sorry. I was on that email thread. Hi, I was on the email thread with um Attorney Sims and uh that cities and towns do have the right to regulate to change that distance that the state recommends.

For the record, just go ahead everybody on the youer. I'm Christy Solskco the town clerk. So, we already approved the D2, everybody. So, I'd like to get a motion on D3, uh, regarding amending town code chapter 17.114, recreational marijuana.

Do I have a motion? Um move to recommend to the town council amending chapter 17.114 recreational marijuana thereby complying with the state statutes and permitting the sale of recreational marijuana in the town of Pinetop Lakeside. I'll second that. All in favor?

Eyes have it. One note.