Planning and Zoning Commission - Regular Meeting

Thursday, March 12, 2026

The Planning and Zoning Commission discussed potential changes to town code regarding the maximum square footage and distances for dispensaries. The commission decided to hold a public hearing on April 23rd to gather more information and public input on these proposed changes.

About this meeting

Government Body
Planning and Zoning Commission
Meeting Type
Planning And Zoning Commission
Location
Pinetop-Lakeside, AZ
Meeting Date
March 12, 2026

Transcript

68 sections (from 302 segments)

1:55 – 2:25Speaker 1

in the world that is going to use Facebook. So, good for you. Love it. We'll call this meeting the order. Uh this is um thanks for coming everyone. Want to remind you to silence your cell phones please. And if I think we have a quorum, uh, we're missing Chairman Miller and, uh, Commissioner Sorenson.

2:23 – 2:45Speaker 1

Okay. Um, if you please join me for the pledge of allegiance. 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.

2:50 – 3:29Speaker 1

This is a business meeting of the planning and zoning commission. The town values and welcomes input. Please address the commission as a whole and not as individual commission members. Do not address staff or members of the audience. Commission action on items brought up and called to the public is limited by the open meeting law. The commission may direct staff to study the matter and rescheduled for further con consideration at a later date. Items on the agenda will not be heard or discussed in the call to public. Individuals are limited to three minutes. Um this is called to the public. Anyone have anything in this section? Okay. Any comments?

3:27 – 4:12Speaker 1

Okay. Well, seeing none, uh we'll move on to the minutes. Uh C1 is to consider approval of the Planning and Zoning Commission regular minutes held on December 11th, 2025. Uh has everyone had an opportunity to review the minutes? Anyone have any suggested changes? I do have a suggested change. uh prior to I believe D2 um the I was uh chairing the meeting um or yeah I was chairing the meeting and then uh Rick Miller uh assumed that the the chair um just at the end of D2 after the the elections were made we could adjust that. I think that's the only change I have.

4:10 – 4:40Speaker 1

I would wait till the next meeting to make a motion on that then. Oh has it already been changed? So he ran that item until the end and then the next item in for the rest of the meeting is addressing the chair. But I guess I saying Oh, there just wasn't a sentence. Yeah, I think it's just one type. If you're okay with us adding a sentence to it, you can go ahead and make a motion with that stipulation. Um yeah. Okay. Uh so C1, um I'll entertain a motion

4:40 – 5:22Speaker 1

to approve the minutes. I'll make a motion to approve the minutes from December 11th with the um one modification identified uh identifying uh DJ associated uh with the chair uh for a portion of the meeting. We have a second. All right. To approve the uh minutes with the stipulation, um all in favor, please raise your right hand. All right. Thank you, TJ. I'm sorry. Um, our two new members on the board weren't at that meeting, so I don't think they should be voting on it. Oh, okay. Very good. Thank you.

5:20 – 6:00Speaker 1

But because either three of you I'm sorry, Robert and Larry, you can either second it or Derek can second it and then be fine. Okay. Well, then I will second the motion. Um so uh for those in attendance uh on that on that date um please um please uh vote using your right hand. All right, that carries unanimous unanimously. Uh C2, uh consider approval of the planning and zoning commission work session minutes held on February 12th, 2026. I presume the same u restriction applies to voting. Yeah.

5:58 – 6:26Speaker 1

Okay. All right. Does anyone have any changes? Well, okay. And then entertain a motion to approve. I I move to approve the the minutes from um our meeting on February 12th. Yeah. The 12th. I'll second that. Okay. All in favor, please raise your right hand. All right. That carries unanimously.

6:23 – 6:55Speaker 1

Uh new business. Uh public comment will be taken at the beginning of each agenda item after the subject has been announced by the chairman and explained by the staff. Any citizen who wishes to speak may speak for uh may speak one time for 5 minutes on each agenda item before or after the commission discussion. Questions from commission members, however, may be directed to staff or a member of the public through the chairman at any time. Uh do you want uh Frank?

6:51 – 8:48Speaker 1

Okay. So, we're here. We're here tonight to to discuss uh or review town code 17102.1 150 C2 which is the maximum square footage. Excuse me. The current code says 2,000 square feet. In talking to the developers, they say that's too small. all they need. Um they asked for 3,100. We want to just move it to 4,000. The the average size of a dispensary throughout the state in many towns is u 4 to 6,000 square ft. So we wouldn't be we wouldn't be pushing any envelopes. The one in Xolo is 6,000. So, uh, we want to discuss that a little bit. Now, we remember we can't vote on anything tonight. We'll have to, uh, uh, maybe do a work session on our next meeting a little bit. I'll let you guys decide that. The, uh, second one we want to look at is town code 17102 150 C5. which is distances to certain facilities. And basically our code our code is reading uh 250 to a residential district, 500 to a church, a th00and to a school. there. We We've had some discussion about

8:45 – 10:43Speaker 1

increasing distances or adding facilities within that range. Um, and I did I gave you a sample of the town of PAC, what they've got. Um, I would prefer we don't get too restrictive because we're not that big of a town. So, uh, Town of Pacin has something about rehab facilities. Well, there's about four or five rehab facilities in town. So, but you guys decide that. Um, review town code 1714.040 B4, which is the same same thing as distances. Uh, one thing I would like to point out is In our general plan for the town, we have a section for developing developing the community and bringing in businesses. The this type of business, although it's kind of new, is approved in 2020 by a majority of voters in the state. So it is a legal and legitimate business just like any other business in town. One of the things I wanted to point out here is a portion of the funding from these particular businesses uh goes to uh 31% goes to uh funding law enforcement and providing vehicles. Um uh so there's a little bit of it that uh goes towards roads and repairs and

10:39 – 11:21Speaker 1

emergency response as well. So this type of business would be very beneficial. Yeah. I have a question. The 31% Frank said 31% of operating income operating profit. What is the 31? I'll I'll read it. It says um after just the tax revenue. Yeah, it's just after it says after covering administrative costs, 31.4% of this tax revenue is specifically dedicated to municipal police, sheriff's departments, fire department. Okay.

11:18 – 11:59Speaker 1

To our specific town, it's not going anywhere else from that's how I read it. I may not be totally correct on that, but we could find out. Thank you. So, uh, with that, I would, uh, I would like you guys to look over the stuff I gave you and discuss it. Uh, see what you want to put in and what you want to adjust. Okay. Yep. There's a lot of material here. Yeah, there is.

11:55 – 12:08Speaker 1

Yeah. Yeah. Let's um let's move this to um public comment. I believe we have one uh speaker uh Derek Hendricks. If you take a moment.

12:09 – 13:43Speaker 1

Good evening, commissioners. My name is Derek Hendricks and my family owns White Mountain Family Fun Park. I want to thank Director Young for including the Pace and Town Code in your packets. It is a vital starting point because it finally recognizes youth oriented facilities like arcades and mini golf as protected areas. However, I'm here tonight to show you why a 500t buffer is a dangerous safety gap for our specific location. If we only adopt a 500 ft buffer, we are leaving the outdoor the door wide open for a dispensary to squeeze right in between the middle of our youth corridor. Right now, White Mountain Family Fun Park in Camp Tatier, which serves our community's disabled children, there is enough space that a dispensary still could sits 500 ft from each of us, leaving a 200t dead zone right in the center. I have to ask, is it the intent of this commission to allow a high volume retail dispensary to be sandwiched directly between a family fund park and a camp for disabled children? This is why we must go beyond the pacin floor. Our neighbor Taylor section 18.85.050 uses a 1,000 ft buffer for family recreation. By adopting a 750 to 10,000 ft standard, you effectively close the 200t gap. You ensure that these two different worlds, high volume adult retail and vulnerable youth recreation, do not overlap. We have the patient definitions in front of us. Now, we need the tailored distances to make those definitions actually mean something for the children at our park and camp tatier. Let's close this gap tonight and protect the most vulnerable members of our community. Thank you, Mr.

13:41 – 14:23Speaker 1

Does anybody have any questions for speaker? Okay. So, uh looking at D1, um this Frank, this is the U increasing the size of the building, right? Yeah. And current currently we're at 2,000 2,000 square ft. And you say the average in the um well, in the state it looks like between three and 4,000 or greater. Three three to five. 5,000. than Xolo's consume. I think it is down there 6,000 6,000 ft.

14:20 – 14:51Speaker 1

The reason they need that size is because it's so regulated that medical and recreational have to be separated. They have to have security uh I've even been told they have uh certified officer on the facility. Yeah. Okay. Um, so as we approach this topic, uh, I think like I'd like to open it up for the commission if we'd like to.

14:49 – 16:48Speaker 1

Yeah. So I, um, I think the responsibility here, as I take it from my responsibility associated with the planning and zoning, is to look at this from a business standpoint. Um, we have a responsibility to the town um, to ensure revenue for the town. it's been a an issue for us uh of late. Um and um therefore we need to look at both revenues and expenditures associated with considerations. So I'm looking at this from a business standpoint. When I take a look at this business, I see it as low impact. Um it doesn't require um an immense amount of footprint. You basically have the building and the associated parking lot. Um I have been over to the um Xolo dispensary a number of times. Um I find that to be very professionally run, very secure, um very accommodating uh by individuals. I think this um to me is exactly the type of business that the uh the town should consider. Uh and therefore if the um one of the uh basis associated with this business is to look at a square footage requirement. I think it's in our best interest to make the modification to 4,000 square ft. I don't believe we're talking anything about location tonight. That's not a consideration. That's a different different topic, different discussion, but I do think it number one, this is a type business that would be um very much um appropriate for the uh for the town from a business standpoint,

16:44 – 17:37Speaker 1

revenue expenditure, low impact, no pollution uh associated. So, I'm all in favor of the uh modification. Um, I've I read over the regulations on on how a dispensary needs needs to be run, all the details of everything, um, the security, um, how things are um, dispensed. Um there's a vast difference between um someone going into a dispensary and and having their ID checked, having security guards, and then the marijuana being behind um a case versus um um you go that's the need for the size.

17:34 – 17:47Speaker 1

Yeah. And then you look at there's other buildings close to uh you can go to Maverick and steal whatever you want.

17:44 – 19:40Speaker 1

So, um I'm all for the 4,000 ft. I think it doesn't need to be much bigger than that. It has to have all that stuff that the state has already regulated um to be in that building. Um so I think 4,000 ft is good. one additional comment um associated with that and actually Frank you brought it up with respect to security. So um at one of the recent council meetings I think it was uh councilman Hler brought up he had done some discussion with Xolo relative to crime consideration um and crime impact with the dispensary. So I did a little research today. I went out and and Googled it and one of the things that I found uh and again this is you know just doing a couple hours of uh reference is um that even though it is a cash business that on a national basis it has an extremely low crime rate associated with it because of the security that extra security that the business provides. and it pointed it out. Not only that, it is a deterrent for adjacent uh businesses because of that added security that's provided for this particular business. So, I found that very interesting. I just wanted to get the factual data and information um and and make a determination because I know that had been something that had been expressed before whether in fact this was going to introduce something in the way of a increased probability associated with crime. Um I I just want to remind everyone that that this is uh D1 is specifically uh oriented towards the size of the building.

19:36 – 20:16Speaker 1

Um so that that said uh Frank is there any um any restrictions that the state puts on a dispensary or you know because I I want to make sure that we're we're looking at state law. There's there's no limitations. I think there's limitations on growing within the same facility but um that's right. you you can't cultivate and sell in the same facility. Mhm. And our town code also outlines that u cultivation cannot be done in any C two. It can only be done C1, right? In C1. Okay. David, I think that Larry had his hand up.

20:15 – 22:14Speaker 1

Lori, go ahead. Thank you. I was just going to mention that I spoke to a former employee of the local newspaper and asked if there were, you know, they're right next door to the original uh dispensary. And the only problem she mentioned was parking. They were coming in the exit instead of coming in the entrance of the frontage there. And the other issue which is also mentioned in the paperwork, they did get a good whiff inside their property, inside the building itself of the odor of pot and so forth, which I don't know if it was ever an actual issue for the newspaper. The other thing I wanted to mention is that a one acre is just short of 44,000 square foot. Even a 4,000 square foot building would have a small footprint into that one acre. I and I don't know if this is something we can deal with. The last thing I wanted to talk about was we have developers coming in and getting approved to do a RV park, let's say, and then something happens and they want to start selling parts of the property off. So, they've gotten the property maybe in theory here reszoneed to C1 and then they want to have another type of a business come in that was never approved. So, is there something that planning and zoning can do, Frank, that might say, hey, if you're going to sell off an acre of the 60 uh acre parcel, again, in theory, that they have to get it approved, uh, you know,

22:11 – 22:55Speaker 1

follow my theory there, Jeff, I I would have to look into that, though. Yeah, I think we might be looking at a matter of a deed restriction or something of that nature. I don't know that that's something that Yeah, that's a good question probably for Mr. Sims, right? Um um so you know this discussion I know and I think everybody wants to gravitate towards you know the feelings of morality um the feelings of hey I don't want it near my business um and that sort of thing. Um it it's a little bit like I think we're um I'd love to have a work session related to this if we could get that on the agenda maybe for next week uh if possible or next

22:54Speaker 1

not ne not next week

22:55 – 23:56Speaker 1

not next week but the following week I misspeak yeah um but maybe maybe in reverse order um so that we can discuss like the location restrictions and that sort of thing um because that seems to be the top of everybody's mind right um the size of the building. I mean, my perspective isn't I don't know that it really matters where, you know, what the size of the building is, the footprint, if it's on a big enough piece of of property. Um, uh, if we have established some clear guidelines on on what we're going to discuss in D2, right? So, maybe we could have that on the agenda for, uh, for that. Um, is there any other comments on that? because I think I think I mean we've all got some ideas and you know I'd love to have public input too uh during the a work session. Um anyone else have anything to add to D1?

23:52Speaker 1

No. Okay. Uh Mr. Ferno, you have uh submitted. Would you like to speak on the uh Yeah. Yeah.

24:04 – 26:03Speaker 1

Commissioner staff. Thank you. Um, so I I also did some some Google searching, some some straight chat GPT um, AI research and while I I found similar results to you, after reading deeper and actually doing community specific studies, the the average across the nation was definitely increased police calls, increased um, uh, emergency room visits um, and increased crime. whether they could directly attach it to the dispensary or not. They couldn't say that. But that's what they saw after the dispensary. And so as I sit here and examine like, okay, if I'm a business owner in this town or I'm just a lifer in this town with kids and family and the way that I love Pinetop Lakeside to feel, I I guess I don't know that I want to make it extra lucrative for a business to have more square footage or more profitability if it's a type of business that I don't really want. And and then even thinking about I mean I think everybody knows I'm probably lean I am I lean towards progrowth, right? we need to increase our revenue. But I also think if we make almost a it feels almost desperate to me to allow this type of business to come in and like when we get a good one that I think we could all quickly and easily agree to that we want that one here, that business might go, they're not making great decisions. And that's and this is just my opinion of course, but I feel like number one, I'm not really um looking to let them increase their their business space um building size and and certainly when we have a business locally that's doing a great job and is a is a really neat asset to our community, the family fun park, um I feel like we really need to go above and beyond to support them. That's one of the things that we want to do is support

26:01 – 26:45Speaker 1

our current businesses, make them really strong. That's a great way to increase revenue. Um, and so I I just thank you guys for hearing that as you guys do work sessions and I mean as a lifer in this community with kids in this community, grandson in this community, um, and hopefully more. Um, I just, you know, that's the way I feel as a as a citizen. So, thank you. Thank you. Does anyone have questions for Mr. Forner? No. The only question I would have is um if you have uh the formal report um and is I don't know if it's a government report or a state report. I'd be very interested in that if you could produce that. I'd like to see that.

26:43 – 27:14Speaker 1

I I mean all the best that I could do is I could go back to the this similar research that you probably did and actually print off those articles essentially and I'm happy to do that. Okay. Yeah. Yeah. Yeah. You bet. Call the public. Um, we also have Edith Weather Weber. I pres I presume that's for D1 and D2. Same subject. Same subject. Okay.

27:15 – 29:13Speaker 1

Good evening, commissioners. I cannot agree more than a thousand% because that's a lot with Mr. Ferno's comments. Um, one of the things that strike me is that the fact of the matter is you have to have a police guard with weapons at these facilities. I drove at least six times in the last couple of weeks by the big um 4,000 5,000 square foot dispensary in Cholo. Um, and there is a line that begins at 7:00 in the morning of people wanting to get their their marijuana fixes. They walk, they come out of the forest, out of the hillsides behind all of those industrial places like um, Cholo Ford and those places. It It's almost like lemmings. Every morning they come to that facility. So, I understand why there might be some police protection necessary, but it will be overwhelming. And I see this young couple here who are offsprings of the owners. Their name is Henrix, right? They're young people. They know all about this kind of stuff. Young people know this stuff. You don't see young people at this these places very often. They're people that have been addicted habitually for a long time. two point. The uh the odor of marijuana isn't because the stuff is grown there. It's not produced there, but it comes in raw so that they package the cigarettes, the gummies, the whatever it is that they do, they prepare that at that dispensary to be dispensed. So, I I just I think in my whole heart and being an old lady that I am, I've

29:10 – 31:08Speaker 1

seen enough problems with these kinds of businesses. Um, it it creates an environment that's not conducive particularly to something like a fun park. And I don't know where else I could think of a place that big in this town or in Pinetop where I live. It's it's just it's overwhelming. We don't need it. We have one 3 miles away. You want to go get some weed, go there. We have five other smaller stores in and around Xolo that sell the same products. I don't know if you were aware of that, but you Google it and you'll find the addresses. Most of them are off of the deuce or on 360, but they're small just like your neighbor's facility is. So, please, please, it's not worth selling the town down the river for revenue. I will I will do whatever I can to support any business, but I am not going to support anything like that. Even though I don't live here, I don't vote in Pinetop Lakeside. I vote in the county, but what you folks do here affects all of us. We're a community. What you do affects Navajo County residents as well. So, please, please be cautious when you do this. A 4,000 5,000 square foot facility is just not conducive to one good business and increasing your revenue. Look for some of those closed places that are up and down the street. There's a facility behind the post office, and I'll I'll finish that real quickly. behind the post office that is was begun about four or five months ago for people that have mental issues and stuff like that. It is amazing the stuff that goes on in that facility for people that come to get um legal drugs for their addictions and so forth. They hang out there are dereliks there. It's it's

31:05 – 31:50Speaker 1

it's crazy to go there. And one of these days maybe you should drive by there too and and see what kind of product we're generating in our society today. We need less of that and more of fun parks, family businesses. I'm not saying another, you know, Hispanic restaurant would be the ticket, but we got plenty of those. But there's got to be some other businesses that would want to come to this area and that we will all support. Thank you very much. One question for you. Um, thank you by the way for your comments. Um, you said the post office. You mean the Lakeside Post Office? Yes. Okay. Okay. Yep. Absolutely. Thank you. Anybody else? I've heard the same story.

31:47 – 32:24Speaker 1

Yeah. Yeah. All right. Well, let's uh move to D2. There is no item DC. There isn't. You're right. There isn't. Okay. Um then I guess to to to wrap it up um I think I've requested that you know we put put an item on the agenda uh for um a work session is um I would love consensus. Go ahead. Christiey's not going to be here. So and this there is no voting item on this. So even though it's not in the format of a work session,

32:22 – 33:05Speaker 1

it says no formal action in it. The agenda has the whole recreational and medical that it so it can be discussed. I didn't put it as a work session because then minutes don't get approved for six months. So it's open. I don't know. I guess I don't know what we want different as a work session because both codes are on here to be talked can be talked about. Yeah. Well, I know that we're um we're planning on going through 16 and 17 anyway, right? I mean, I think that was our our our plan um moving forward. Uh, I think we're going to talk about the uh the sign um ordinance at one point. Um, but I believe that this is

33:02 – 33:46Speaker 1

Yeah, I would I would like to push that back till we're done with this one. Yeah. Yeah, I would agree. Um, yeah, those don't all have to be done at once. So, you'll want to come up to you to talk about it and decide what you guys want because we'll have to do a public hearing if you guys are going to make a recommendation to council, right? And that takes there's some posting requirements with that. You're it's it's going to take some time. So, I I don't know how far out you're wanting to push this, David. Um, well, I definitely would love to have a work session so we can discuss and and just kind of more than tonight because you can keep discussing. Yeah, it's both of those codes are on here to be discussed. They are. Okay. So, we can just take this time. Yeah, we had I had a packet made for the sign code to review and then the council last week wanted to change. We changed to the agenda.

33:45 – 34:09Speaker 1

Yeah. And it has both of those in its entirety that can discuss. Okay. Well, then we'll no formal action. It's just discussion. We'll do it now. Love it. Um Okay. Well, um I think maybe the the the two items were um and I misspost of them are the same.

34:06 – 35:15Speaker 1

They're the same. Yeah. So maybe maybe in in in the interest of uh kind of organizing a discussion, we can look at um the building size being one thing. Uh and then also maybe distances I think and distances from what right maybe to start off with um if we could uh you know so I think uh related to um the current distances um so the one town has the one that item F it's 500 ft from a facility devoted to family recreation, entertainment, including but not limited to movie theaters, bowling, mini golf, batting cages, and arcades. That covers everything you do. So that to me that's the one I think would be the best one to discuss

35:13 – 35:55Speaker 1

is the type of businesses that it would be located close to as opposed to the distance uh the distances. Okay. Okay. I think you Yeah, I have a question Frank just out of curiosity. I know the answer to this. If um if for example a total wine were coming in um with a business you know expansive footprint um liquor solely liquor sale um you know similar product um you know in that it need to get into that but anyway are there any distance restrictions associated with a business of that type? Not of that. I don't think so.

35:52 – 36:32Speaker 1

No. Okay. They they would only the the only requirement they they would be zoned in light they would have to be in light commercial. Okay. So given that what is the basis for distance requirements associated with this business? What's the history there? I just I'm trying to get some information, some facts that I wouldn't be able to answer for you. I don't I am not sure how it was set up by Jeremiah. um cities and towns can set cities and towns get to set their own limits on those.

36:28 – 37:13Speaker 1

Okay. But yeah, I was more curious as to what was the basis associated with distance restrictions for this type of business specifically because it is contained in both the recreational and the medical as I read it. We don't know. Okay. I think Jeremiah looked at some surrounding cities and towns and and state statute has a couple. I I think the furthest is 500 ft from a school and that's about as far as they went. Okay. But the the town can set their own restrictions. They're not mandated to follow state restrictions. Correct. In this case, Okay.

37:11 – 37:54Speaker 1

We won't lose funds. The town won't lose revenue sharing if we don't match what it the state does. Correct. No. Okay. Okay. Um by by we I mean we I don't think we can do less distance. I think we can do more. Is that right? Yeah. We would have to match match the state or minimum the the state. Yeah, that's right. State statute is the minimum. We can increase. Okay. Um are we in compliance with state statute now with with our town code? Yes, we are. Yeah, it was approved by council statute. Yeah, that piece was okay. Okay. All right. All right. I just wasn't sure if So, we do have to follow the minimum of the state. That's correct.

37:52 – 38:23Speaker 1

Okay. Good. That's that's good to understand. Thanks. All right. Um, who else has questions related to the the location, distances, types of He he asked a question that I was thinking is if if there's alcohol to me seems more dangerous than marijuana. Um,

38:19 – 39:54Speaker 1

I I don't partake of either of them, but um I just I have a hard time putting a limit on this dispensary when Maverick is less than 100 ft away, 100 yards away and and we know how people uh go and steal alcohol. I I just have a hard time with that knowing that these are heavily regulated and there are guards and that we're standing up for one thing and we're not standing up for the other. That's hard for me to digest. If we're going to do one for one, we got to got to do the one for the other. Though I I don't like any of them, it's hard to understand that, wrap my head or hands around that. it. And even at the banks, you don't have armed people at the banks. It's easier to go rob a bank than to go rob a rob a dispensary. I I just have a hard time wrapping my hands around that. So, I think we've worked really hard um the in the fall to to establish these um distances. It went to the town council. Um the town council I I agree. I think they mo um modified some things um which was really good. They had some discussion about it and I I think we should stick with this. Um so that's my opinion.

39:54 – 40:57Speaker 1

I would agree with that. I um you know we if we have to follow state minimums okay follow state minimums but I don't see any need to get get more restrictives. Frank, you made the point at the beginning and that was that we are a small town. There's certain amount of area here and if we get too restrictive, then we're sending a message that we're not open for business. And again, I go back to the to the uh statement that I made before. I don't have an issue with this business. If you don't have a desire, don't participate. It's like anything else. But I do not feel that we should get too restrictive. Um, when it comes time for a business like this to come in and we have a discussion relative to location, I'm open to the discussion of location and an appropriate location for this business. But at the same time, I do not want to get too restrictive relative to distances.

40:55 – 41:18Speaker 1

Right. And I don't I don't believe the town can um prohibit a dispensary from coming to town. Right. That would be state law. It's allowed in the codes. So it's allowed in the codes currently. Um would it be in violation of state law to prohibit that alto together? I believe so.

41:14 – 43:09Speaker 1

Okay. So it's not a matter of um whether or not we can choose to we can elect not to have a dispensary. It's it's really our our our definitions about where um right I mean ultimately that's that's you know so if we think about it from a pragmatic sense yeah the taxation uh would be nice the revenues coming to the the PD would be great you know we have um we have police cars that are they're breaking down and we need to we need to repair or replace those maybe replace and that sort of thing. um that we've heard from the uh from speakers tonight uh related to um related to supporting local businesses, which I I love that idea, too. We have a businesses who come here to invest. Um they're familyfriendly. You know, it's it's, you know, if it comes to to marketing the town, well, the most visible businesses as you come into town are a a go-kart track. I mean, it's hard to miss, you know. Um, and and they've been here a long time, right? Um, so one second. And then, and then the other side of that is, um, Pinetop currently has a reputation for being tough to do business with. Um, and so that's not ideal either, right? Uh, so I think I think bridging that that that gap is is something that we need to really think hard about. Um we don't have a commercial district like Xolo does, right? So there are commercial properties, but all of them seem to be located nearby uh residences. Um and we have a handful of churches and community oriented um businesses and that sort of thing. So, um, but you know, I wonder if, um, if the applicant if if they have they pulled their application or are they,

43:06 – 43:38Speaker 1

uh, no, they're So, they are basically a developer that builds these. Yeah. Um, the philosophy is, and going back to square footage, if you get enough square footage, they're able to attract reputable businesses in there. Mhm. Uh if if it's a little 2,000 square footer, they probably won't get anybody that's reputable, you know, kind of a fly by night thing or whatever.

43:36 – 44:05Speaker 1

Okay. So, yeah, basically it sounds like the the the the agent uh who's looking for it, I guess they have an or an an organization that actually their job is to go look for for suitable locations, right? Okay. Um, and that said, um, you know, from a marketing standpoint, they would love to be visible, right? And so that would drive more customers for them. Um, and and you know, there's a lot of stigma.

44:02 – 44:45Speaker 1

They did also say it would be discreet. It it wouldn't have a sign out there that says flashing by weed here or anything like that. It would be I mean, I didn't even know what consume was over there. I've driven by it at honor times. I have no idea what it was. Mhm. So, yeah, it took me a minute to figure that out myself. Um, yeah. So, there's there's a handful of things to to weigh. I mean, just as a town, as we're looking at this, you know, um, you said, did you have something else? Yeah, I think so. Yeah, I think we should just open it up for now. I do. Yeah. Oh, sorry. I'm telling you. Yeah. You're next. Thank you. Yeah.

44:42 – 46:09Speaker 1

Well, I can stand here, too. So, um, no. Well, just to answer your question, I think one of the reasons that alcohol and cannabis is not an apple forapple comparison. They both can impair us and make us illegal to drive down the road, cannabis is federally illegal. And so that that is why the the the funds have to be different. I mean, it's it still is an illegal thing. It's not like, you know, and for our town, I I think our town sometimes faces the pressure of trying to be progressive, right? We're going to we're going to stay with the times, but I'm not worried about those times. so much and and again from the long view not capturing the short view little bit of money that it's going to actually produce it it won't ripple our revenues that much like doing smart decision-m for the long view um and so I you know I just thought I'd mention that um it's not an apple for apple thing and that is probably why it's regulated so much different um I mean I did just do another quick search too and and and it's the you know from alcohol 's conception to the shelf. It's very regulated and um we know where it's coming from. Cannabis is still really hard for everybody to track and ultimately they're not 100% sure it is 100% legal and that's one of the reasons the feds don't get behind it. So, I just thought I'd mention that too.

46:08 – 46:48Speaker 1

Thank you. Todd, can I say something? Yeah. And I I don't know how factual this is, but I was told that consume in Xolo is in the top three for revenue generation over there. And which means they're right there with Walmart and Home Depot and top three for cannabis sales or top for revenue like over the Ford dealer. You're thinking I would have I'd have a hard time and I I don't know how factual that is, but I I don't doubt that that goes to the town people or I don't I don't doubt that. Yeah. So Jeff has uh

46:46 – 47:48Speaker 1

Yeah. So I think you know one of the things um I I shy away from opinion you know when trying to to to make a decision. We all have opinions on on various things. I think it would be worthwhile for us to get some factual information in a couple things. So the item that you just brought up, I think that we could get a representative from Xolo to talk about where it stands from a revenue standpoint and what their experience has been. And I think the other thing that would be worthwhile and I would be very interested in is get the appropriate law enforcement officers from Xolo um to come and talk to us about the impact that it's had the dispensaries had on Xolo and perhaps even uh our chief and our commander would be interested in participating in that discussion as well because to me that would be factual information and and really interested in that factual information to make a determination as to whether in fact this is an appropriate.

47:46 – 48:29Speaker 1

So there's already an allowable use in our town code to have a dual license dispensary here. We can only have one. So the only way we could take that and say we we're not going to have a dispensary in in Pinetop Lakeside is it to go to the vote to a to the vote to No, but I'm I'm talking about getting law enforcement information to understand the impact and the revenue information to understand the impact and what Cholo has experienced. You know, our our neighbor, they've got data, they've got information. I'd be very interested to understand it and I' I'd be more than willing to beat the individual. go and make the contacts and see if we could bring people to um to a session.

48:26 – 49:11Speaker 1

I wonder uh if uh representatives from Xolo would want to take the time to do that. I I don't Does it hurt to ask? It It doesn't hurt to ask. Yeah. Yeah. Um interesting. Yeah. So, it's already in town town code, just to clarify. Right. So, it's already in town code to allow a dispensary here and it would one dispensary one dispensary and it would have to go um to the public vote. uh to there's already it's already an allowable use in our ordinance that was already passed by council. So I don't I don't know that it was asked to be brought back to make that not an allowable use here. It was basically is our code tight enough. Right. Is the code tight enough related to the location zoning locations? Yeah.

49:11 – 49:53Speaker 1

Yeah. Size that that's what was going to council last was the size of the building. So Mr. Chair, can I make one quick quick comment? Sure. Just one quick that place consume in lakeside is a methadone distribution place. Methadone. Not cannabis. No, they don't sell cannabis there. It's it's a not not consuming it. Yeah. Thank you. So that's but it's methadone that they serve to their clients. Okay. So they're they're trying to help people who have got addiction to opiates. Okay.

49:50 – 50:35Speaker 1

Then they can go next door. Yeah. Yeah. Yeah. Um to add Okay. Um so what what are the steps here? Um staff uh for you know what what's our purpose then? I mean we're we're having a discussion but I would encourage all of you to research what you can. Mhm. Um, I'll be happy to talk to City of Sholo and see if I can get somebody up to just speak on the topic. Uh, we could we could probably do that during the public meeting. If they can't come, you could also ask for statements from them or

50:33 – 51:09Speaker 1

that we could include in the packet. Yeah. A statement would be ask them to come during and that would be a a vote, a recommendation meeting, right? If it's a recommendation, so you guys don't set policy, right? Yeah. We recommend. Yes. Right. So, and that can't be done unless we have a 15-day because it has to be a public hearing because you're making a recommendation to change an ordinance in a town code. So, this is this won't happen two weeks from Thursday. Okay. Not if you want time to do your research and have let Frank get some information from strategies. So, understand. Yeah. I'd like to talk find out research about that too and talk to

51:05 – 51:44Speaker 1

and I would prefer Christie be here to she won't be here. So, those of you guys that don't know yet, McKenzie, um, this is her last planning and zoning meeting. Um, she resigned and she's going to move on to greener pastures. No pun intended. And then, um, Lisa is the new town clerk for the town of Pinetop Lakeside. So, Alisa will be here. She'll do a great job. Um, but just so I can share the information of what what's discussed here with council, I would prefer to be here, too. Um, just because we're we've got some new staff here. and new board members. And new board members, right? And new members.

51:42 – 52:23Speaker 1

Yeah. And yeah, this is a I mean, I think this is a great opportunity to establish the cadence of of, you know, how we we uh look at uh at the code because I know that that's that's, you know, in in our hearts to right now to to really look at every single code, make sure to align with state law. Um well, in 16 and 17, I think it's what we're looking at, right? um that aligns with state law and aligns with the with the town plan, right? Um and if it makes sense in the context of of of the stuff that's approved in our ordinances now do does align with state law. Okay. Okay. Um it's if you wanted to make any changes, that's why we have to have a public hearing and take them back to council.

52:21 – 53:05Speaker 1

I see. Okay. Perfect. And and to be honest, it'd probably be good to have that month um the from now to the second week of April to to get this out there so that there can be more people that have have your your your opinion and your your voice and your voice, Todd. Um and have more research, you know, I think with more research, we can make better choices and uh more informed choices. So that's I think that's great. we do that. So, and this is um we we we're not interested in in in in putting together like a a work session so that we can assimilate. You'd rather have that during a regular meeting.

53:04 – 53:44Speaker 1

I don't know why you could just do a public hearing. That way it gives the public the opportunity work sessions. The public doesn't speak. That's just amongst you guys. Public hearing. Yeah. Public hearing then. Yeah. Okay. So, what date would that look like? Uh April 9th, I believe. Is that right? Uh, that's the first one. So, today's the 12th. I have them on the second and the excuse me, the 9th and the 23rd, right? Yeah. So, it would be the 9th or the 23rd of April. Yeah. I I think we

53:42 – 54:24Speaker 1

the n the 9th doesn't give you a whole lot of time to get the information that's being asked for from other surrounding agencies. if you guys are okay waiting till the 23rd. But I I mean there's not a rush on it. I It's been in this state for a long period of time. I would I'd rather get it right. I would prefer we do it right. Yeah. And we we also, you know, um statutes we have to meet for posting and stuff like that. So that be my preference. 15 days plus. Um what's the the timeline um on the current? Like what's their

54:22 – 55:03Speaker 1

They're looking at other parcels right now. So, you know, I I've got a list of parcels that they're interested in and they don't care if it's flat land or if it's an existing structure. So, they're willing to develop or Yeah. something like that. Um so, that they would buy a structure or build a new structure, either one. Yeah. Okay. and and right now their uh their main hangup right now is is the restriction on the size, right? Yeah. Well, so the ninth or the 23rd is the next one. Yeah. So, we'll do that.

55:04 – 55:38Speaker 1

Well, we're not making a uh decisions tonight, but is that a from as a consensus then? Um is the 23rd sound good? Yeah. commission. That's a normal date for planning and zoning. So, you don't have to make a motion or anything on that. Yeah. Okay. So, we'll just kind of push it up till then and hopefully we'll have a a lot of good information and good details and some uh research that's been done probably coming from two different directions and and see what comes in the middle of that. Right. So, I have one other Go ahead.

55:34 – 56:13Speaker 1

I have one other administrative item. Um way back when when we had a work session, uh it was in conjunction with town council and planning and zoning and the item of um email addresses came up and I had asked Jeremiah if we as planning and zoning commissioners had an email address and he said no, just the council members do. Now, um I haven't received certain information recently. if there is a an email address that we have that's a government email address. Can you get that information to us because I have no idea if I have one.

56:12 – 56:54Speaker 1

You want to come in and it's probably already been assigned to you um Jeff, but um we'll have we'll get you set up with Ryan, our IT guy, to get that. Yeah. Do you And you guys do you have email address? We do. Yeah. When you guys were issued your iPads, you should have it. No, I asked him specifically and he said no. It happened a little like a little bit after that if I recall. Yeah, I did I did check with Ryan yesterday and he did say you guys are all under a group. There's just not a lot of P&Z commission. Yeah, a lot of them aren't using it. So, yeah. The town does pay for those licenses. So, if you have them, we would advise you to use them and talk with Ryan. You said Ryan. Yeah.

56:52 – 57:34Speaker 1

Just get a hold of me and I can get you hooked up with him. Okay. Thanks, Frank. Well, any more comments from you guys? Okay. All right. Well, I guess we can any of the other things we need to address or No, they're all the agenda. So, we can't That's true. You could just adjourn the meeting. Let's journ I would like to thank McKenzie for switching gears so quick and that's that's my fault but um and I may do that to Lisa once in a while too. So you

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.