Planning & Zoning Commission - Regular Meeting

Please lead us in the pledge. Sure. [Music] Stay right there. Okay. I pledge algiance 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.

Thank you, Commissioner Bordon. Good evening. My name is Sandy Griffith. I'm the chairperson of the planning and zoning commission. I will be presiding over the commission's deliberations on hearing items this evening. The planning and zoning commission sits in an advisory capacity to town council. As such, the commission reviews planning and zoning issues and forwards recommendations regarding these important issues to the council. All members are appointed by town council and volunteer their time. If you wish to speak during the call to public or on the public hearing items this evening on tonight's agenda, please make sure that you have pre-registered your name with the clerk. When you are recognized by the clerk, please come to the microphone, state your name and address. I will ask that you direct your pertinent comments to the commission through the chairperson and not to staff or individuals within the audience. After all pre-registered speaker comments, the chair will call for any additional non-registered speakers wishing to speak at the podium. A threeminut time limit will be imposed. I would like to express in advance the commission's appreciation for fostering an atmosphere of respect and cordiality this evening. This evening's proceedings will be conducted as follows. First, I will read the public hearing item into record. Staff will then present the agenda item and their recommendations to the commission. The commission will then question staff. The applicant will be invited to address the commission and answer any questions from the

commission. The floor will then be open to comments from the public regarding the hearing item. Clerk, item three, please call the role. Chairperson Griffith here. Commissioner Bordeau here. Commissioner Rutherford here. Commissioner Huat here. Commissioner Laney here and Commissioner King and Vice Chair Herb are excused um absent tonight. We have a quorum.

Thank you, Clerk. Item four, call to the public. At this time, any member of the public is allowed to address the planning and zoning commission on any issue within the jurisdiction of the commission except for those items scheduled for a public hearing item on the agenda this evening. Those wishing to address the commission must register their name with the clerk. The commission's response is limited to responding to criticism, asking staff to review a matter commented upon, or asking that a manner be put on a future agenda. Again, public comment is limited to three minutes unless additional time is granted by the chair. Clerk, do we have any public comment? Yes, Patricia Bets.

Good afternoon, Commission. Um, Patricia Betsel of Chino Valley, previously of Granville. Um, I wanted to comment on the joint study and special joint study sessions um that we received the minutes for um this week. It's really great to see that the town council and planning and zoning get together for these joint studies. It takes a lot of time to keep up with what the town is doing. There's so much happening. Um, specifically the discussion of sustainable strategies, growing water smart included a lot of great ideas, but I noticed that Neil Wadssworth wasn't noted at least in the minutes as speaking. If he had, he would have explained a little bit more about the injection wells, which is a concern um and why they haven't been used to recharge the aquifer. Basically, it's a result of finding pas downstream of the wastewater plant and that the pfas have been attributed to the wastewater plant. In other words, um, and this isn't really a great thing to talk about, but, um, it's introducing effluent that has only been treated once back into the Aquafria River. And basically, um, it's containing PIFFAS originating in human waste. And I'm I'm not sure why um Tracy didn't bring that up. Um, it's been talked about several times in public, but basically it is responsible for shutting down three wells down there. So, I encourage you to talk to Neil Moore about it. Um, the treatment of PIFAs will cost tens of millions of dollars in equipping each well that's been affected. And while grants are being sought, the town has approved a water line, and I forget how much it cost, but I think it was like half a million to extend from the Stone Ridge area to bring clean drinking water to the Quailwood and villages of Lynx Lake um

Lynx Creek communities. Um also wanted to recognize that it's fantastic that um the town manager has agreed to be involved with a regional water conservation plan. This comes at a most opportune time. And finally, the wildlife corridor foundation guide discussion actually included some information that hadn't been shared with the public previously. So, we're looking forward to seeing um their next publication. While SIMPO's involvement is noticeably absent, as you know, they said they were going to take the lead in this. They actually included it in step five of their trails program, which might happen in five years. By then, the program will probably be gone. Uh, and while we're waiting patiently for Game and Fish's decision on coloring pong horn because we've been chasing them around for over a year, also it was what was discussed at the special session with you was very encouraging and we look forward to seeing the plan. Thank you for your cooperation and all of your efforts. Thank you.

Thank you, Miss Betszel. Clerk, do we have any other registered speakers? No, Madam Chair. Are there any speakers, non-registered speakers in the audience that would like to make public comment? Thank you. Item five, approval of minutes of the regular PNZ meeting dated August 11th, 2025. Are there any corrections to the minutes? Hearing none, is there a motion? I'll make a motion to approve August 11th, 2025 regular MA meeting minutes. Thank you, Commissioner Bordeau. Do we have a second? A second.

Thank you, Commissioner Huat. Clerk, please call the vote. Commissioner Bethford, yes. Commissioner Huat, yes. Commissioner Laney, yes. Commissioner Bordon, yes. Chair Griffith, yes. Approval of special town council and planning and zoning joint session meeting minutes of May 15, 2025. Are there any corrections to the minutes? Hearing none. Is there a motion? I'll make a motion to approve special town council and PNZ joint study session meeting minutes of May 15, 2025.

Thank you, Commissioner Bordon. Do we have a second? Second. Thank you, Commissioner Huat. Clerk, please call for the vote. Commissioner Rutherford, yes. Commissioner Huat, yes. Commissioner Laney, yes. Commissioner Bourdon, yes. Chair Griffith, yes. Approval of special town council and planning and zoning joint study session meeting minutes of June 19th, 2025. Are there any corrections to the minutes? Hearing none. Is there a motion?

I'll make a motion to approve special town council and PNZ joint study session meeting minutes of June 19th, 2025. Thank you, Commissioner Bordeau. Do we have a second? Second. Oh, go ahead. Sorry. Go ahead. Thank you, Commissioner Laney. Clerk, please call the vote. Commissioner Bethford, yes. Commissioner Huwat, yes. Commissioner Laney, yes. Commissioner Bordon, yes. Chair Griffith,

yes. Item six, public hearing items. Zoning map change ZMC25-00007 Yampampa. Consideration and possible action to recommend approval or deny to town council. Making the presentation is Mr. Chris Norlock, development services urban planner 2. Welcome, Mr. Norlock.

Thank you, chair, commission. As you said, this is a zone map change for uh Yampa Precision Manufacturing. The request is to reszone just under 6 acres, 5.66 uh south of Second Street, just off of Fifth Street uh to Industrial General. The site will have to be annexed into the town as it is currently in the county. Um just on this map the notification the inner blue as usual is what the applicant noticed or what we noticed sorry the 300 foot and then the outer is what the applicant noticed a thousand foot for their neighborhood meeting. It is currently in the general plan pad one. Um pad one allows for industrial and commercial uses. Um the surrounding zoning is industrial to the north um which is actually where Yampa is currently operating and services to the east, residential services which is the Moose Lodge and public land to the south um which is Feain Park as we know and all of the other area there is in the county as well. This is their site plan. The proposal would include a 20,000 foot uh building in order to expand their facility. The owner has included a 10-ft landscape buffer on Fifth Street and then also a future if the riderway were to go in a 10-ft landscape buffer on that south uh portion where that rideway is coming coming through there. This is these are some rough elevations provided to us by the applicant. Um the building will be around 24 ft in height and because of this is as a business expansion for Yampa staff recommends approval of ZMC25-007 and I'll take any questions.

Thank you Mr. Norlock Commission. Do we have any questions for Mr. Norlock? Just a comment and I think actually the chair brought this up when we were talking is um one of the conditions is conformance with the sub uh approved site plan. If we could just put a date the site plan date I couldn't find it and it has to be when it's processed towards council. I just recommend having a date on it. That's I think that was the only thing I caught.

Thank you Commissioner Bordeau. That was also one of my questions. Mr. Norlock. Um because in the stipulations it says the project shall remain in substantial conformance with approved site plan. I'd like a date on that site plan and the only site plan we have says preliminary. So if you would please ensure we'll do. Thank you. I had some Commissioner Huat do you have any questions? I do not. Miss Laney Mr. Chris Norlock, I have some questions on the parking calculations. Yes, the little chart, it didn't make sense to me.

So, the existing building, it shows that there are parking spaces, right? Correct. Then it shows proposed building. So, does the proposed building have 56 additional spaces in addition to the 32? That's correct. And then three ADAs. Yes. So, a total of 59 for the new building. It should be. Yeah. 59. It's uh one for every I believe two employees and the existing has 80. That's what that's how I'm reading this.

Um, so the I don't know what the existing currently has, but if you're referring to the I guess south part of that parcel where it's darkened, those will be new spaces for this project as well. I'm sorry, I didn't understand. Um, so if you if you see the site plan there on the current site, um, there's some new parking spaces they're actually adding on that site as well as the additional that they're adding for this building and below there for the the parking.

Correct. So, the existing building has 80 parking places and the proposed has 59. The proposed does have 59. I could not confirm whether it has 80 specifically on the the first one, but it's probably around that general number. Okay. If you would confirm that prior because that was confusing to me. Okay. I didn't h have any other questions on the site plan, but I did have some questions on the stipulation

under fire summary. It says that CAFMA has reviewed this project and all CAFMA code requirements will be required to be met. There was no CAFMA letter in our package. I would like their review of this project prior to this going to town council with their comments. We can submit that with them. Uh what the last comment we got from Kathma was that they just needed to look at the IPR comments, initial project review comments, and those still stand. That was what we got from CAFMA when we sent out again to them. But I can I can include that to town council.

I would it's important and imperative that this be in writing. Please. Then I had another question on the drainage summary and maybe our engineer could answer this. It says a drainage report will be required at the time of the engineering permit submitt. I didn't know we had separate engineering permits. Yes, we do for the the grading work and all that first. So, is this a grading permit for that comment? It would be correct. Okay. Because it calls out engineering. So, are those those are synonyominous?

They are. We just call them in the system e- permits for engineering permits. Okay. I'm used to the word grading. Thank you.

You escaped engineer. At what point in time does a traffic impact statement take place? Chair and commission. Thank you. Um, so far the town has reviewed this project at an IPR level. So the comments that you read here were based on that IPR which which is the initial project review. Uh the setup right now was for the for the zoning and the annexation. Per the town code, the zoning includes the prelim preliminary development plan. When the project goes to the final development plan, that's when we'll look at the engineering details.

Okay. Thank you, Commission. Any other questions? Is the applicant here, Mr. Norlock? Yes, he is. Perfect. Would you like to come to the microphone, sir? Sure. We might have a few questions for you. Uh, thank you, Mike Barber. Thank you, Mr. Barber. So, share with us what your intentions are for this expansion.

Um, well, we're a manufacturer. We've been in town since 1982 and we've been at this current site since 2007 and we are uh we invested a lot of money in our existing facility for our setup for machinery and everything. And what we're looking for is just to expand the additional operation additionally give us additional space. That's all. We're a high precision CNC machine shop. We do work for all the major uh medical, aerospace, and commercial customers in the United States. Wow. So, you never get to retire? Well, yeah, I suppose. I don't know. And you're not retiring.

Yeah. Well, eventually, probably, but who knows? Well, we're privileged to have you in our community, sir, and I appreciate your desire to continue with economic development and move forward. Yeah, we're we're happy here. We've been here a long time and we appreciate everything the town has done for us so far and we've been great to work with and it's been a big benefit for me and all the employees that we've, you know, employed over the years. How many employees do you have? I think we're 85 or 90. you know, we're we were probably 130, but after a COVID things kind of um the workforce changed a little bit, so we had to modify and get more high-tech equipment to accommodate our workload with a lower uh number of people.

So, with the expansion, do you see additional employees coming on the role? Yes, we'd be hiring additional people. Perfect. Yeah. And part of it, part of it's the building, but part of it's the parking, too. So, because we do have two shifts. So, I was going to ask and sometimes it's the shift change that becomes a bit of a challenge at times. Well, wonderful. Well, thank you for coming forward this evening. A pleasure to meet you, sir. Yeah, sure. Any questions? Please ask commission. Any questions? Thank you, sir. Yep. Thank you much.

I will now open the public hearing on on ZMC 25-00007 Yampa. Clerk, do we have any comment?

Yes, Patricia Betsel is gonna talk. It's Patricia Betszel again, Chino Valley, previously Granville. So, the annexation and reszoning of a portion of the parcel owned by the Fains north of Fain Park to expand the Yampa Precision Manufacturing. I believe it's a tool and die company. seems to be a step in the right direction as far as economic development. So that's fantastic. Um tool and die is very uh has been very modernized since you know we were doing it way back in the 70s. But um so that's a great opportunity for employment and stuff. So I think that's great. What is a concern here really is what um the town staffs seem to still insist on not doing and that is being transparent about adjacent uses. Um, I can't find a really good reason why they would not disclose the fact that we have the Veterans of Foreign Wars building and the Moose Lodge right across the street and they are not industrial. And I don't really think it's a problem, but again, I don't know why the town staff doesn't disclose this in their reports. It just doesn't make sense to me. Now, the properties behind the Moose Lodge and the Veterans of Foreign Wars is industrial and apparently the veterans were invited and so were the Moose members. Um, so they got an opportunity. Um, I don't see a problem with this project at all rather than the width of the road. We've all used it to get down to Fame Park. It's narrow and it goes down quite rapidly. So, I would move that um we include the responsibility of improving that road, whether it's widening the road, um improving the condition of the road into

Yampa's responsibility. And um I also didn't see a number of trips in and out. I'm assuming we don't have large trucks going in and out. Um, and again, you don't need a traffic engineer to ask the owner of the pro of the business what they expect to see there. So, as a result, you don't really understand whether it's going to have a negative impact on the existing neighbors or not. Instead, we seem to spend sheets of paper talking about the plant selection. And I don't know if we still don't have the revised native plant selection. Um, but we're doing those kind of things instead of addressing anything that may actually cause a nuisance to the existing neighbors. And I don't understand why that's happening. Um, the town's job is to serve its existing and new and expanding um, residents. and nobody's been able to explain to me why we aren't really looking at the community a little bit and putting that in a report. So, thank you so much. Thank you, Miss Betszel. Clerk, are there any other registered guests for the public hearing item?

Yes, David Parker.

Yes. Good evening and thank you for your u taking the time to look at this process and this uh project. Um I I believe that um the owner, Mr. Barber of this project um did send out a notice to the adjoining neighbors and I was at that meeting and there was only one person that attended that. So the people at the VFW or the other adjoining or adjacent properties would have had an objection. I think they would have made it at that time. So, I'm glad that this is going forward and I think it'll be a a great addition to the community. Thank you. Thank you, Mr. Barber.

Clerk, any other comment? No, Madam Chair. Is there anybody in the audience who would like to make public comment on zoning map change 25-007? I'll close the public hearing, bring it back to the commission for further comment and or a motion to approve and or deny zoning map change 25-007. I have a question. Yes, Commissioner Bordon. Can I ask the town engineer for a a quick question, an answer?

Want to clarify something? It came up um good evening. Thank you very much. Um it came up um about the roadway in one of the public comments, but there is a stipulation that you as town engineer get to review the impact and make any recommendation on improvement. Correct. Correct. So if there's a width issue, you feel as you're an engineer, you're a professional engineer and you have experience in traffic engineering. If you you have a concern, sorry. If you have a concern about the widths or any turning movements, you can require them and would require them based on the stipulation to make improvements at at their cost.

Correct. Thank you very much. I just wanted to clarify that for the public and the commission that there there is a stipulation although it's very generic and sometimes I like the generic and not very detailed specific um stipulations because they give you broad latitude to require improvements of the developer.

Correct. Thank thank you chair and commission. Uh so far what we've evaluated when I mentioned earlier that that we evaluated the plan at the IPR stage what we looked at is what you see here. So, it was a very general um idea of of the project. When we put the conditions in that we want to see the traffic report and the drainage report, that's when we start evaluating the engineering impacts. We haven't seen that yet. We just heard today that the information is available. Those reports are available. So, we did ask that they get submitted prior to uh the next step, which would be hopefully before this goes to council so that we can identify any of those conditions that may need to be added. Thank you very much. You've helped me.

Thank you. And I do want to apologize, Mr. Parker. I called you Mr. Barber. That's all right. I didn't take it off.

And I was going to say I I appreciated that you were at the public hearing and you made great comments. I read all of them. So, thank you, sir. Okay. We'll bring this back to the commission for a motion. zoning map change 25-007. A motion to approve andor deny. Madam Chair, I'd like to make a motion to uh forward ZMC25-00007 YAMPA uh with the uh attached stipulations adding a stipulation that a letter from CAFMA be received before going uh to the town council and with the additional stipulation that there be a date on the site plan. Like to forward that to the town council for approval.

Thank you, Commissioner Huat. Do we have a second? Second. Thank you, Commissioner Rutherford. Clerk, will you please call the vote? Commissioner Rutherford, yes. Commissioner Huat, yes. Commissioner Laney, yes. Commissioner Bordon, yes. Chair Griffith,

yes. This passes unanimously and will be forwarded to the town council with the proposed stipulations. Item 6B, ZOA25-00002, amending town code section 13-08-040, marijuana uses in article 13-08, regulations governing particular uses in chapter 13 zoning. Making the presentation is Mr. Chris Norlock, development services urban planner 2. Welcome again, Mr. Norlock.

Thank you, chair, commission. Like you said, this is a zoning zoning ordinance amendment. Um, the amendment request is to amend town code section 13-08-040 to allow for delivery of marijuana and marijuana products within town boundaries. Here's just a a quick timeline. In 2010, Prop 203 legalized medical marijuana statewide. In 2020, Prop 207 legalized recreational marijuana statewide. In 2021, the town adopted Ordinance 887 that allowed for dispensaries. And then in 2024, uh delivery was passed statewide. Here's a visual map uh showing of where delivery is currently happening. And so it's actually happening uh at the county one that's actually just a county island which is almost in town but just a county island and Prescuit is also currently doing it. These are some Arizona Department of Health Services delivery requirements. Um it must be a licensed marijuana facility agent. All of the vehicles are unmarked with GPS tracking and video recording and items for delivery are locked in a compartment. The product is in a tamper evident childresistant packaging with proper labeling and delivery is via ID and only to the person who placed the order. So the items cannot be left at your door like uh Door Dash or Uber Eats. You have to present your ID to show that is you. And the proposed amendment is to remove these two sections in our code. um shall not make or provide off-site deliveries of marijuana or marijuana products to customers or patient and then except as provided by ARS 36-281 is unlawful to facility or accept orders for for delivery or to lower marijuana or marijuana products in the town. And so the justification for it would be um it would align statewide and with the other jurisdictions around here. And

currently, like I said, the one in the county is delivering and they are allowed to deliver within town limits. So, currently we're losing out on the tax revenue that that uh dispensary is currently getting because the one we have is uh following the rules that we have set in place and we know we cannot get their tax revenue because they not cannot deliver to anyone in town. Um stack recommends approval of this ZOA as well. Um, I'm here for any questions if you have any. Thank you, Mr. Norlock. Commission. Any questions of Mr. Norlock? Yes, I do. Thank you, Madam Chair. Yes, Commissioner Huat.

Chris, thank you for your presentation. I've got some questions cuz I I've looked into the city of Prescuit uh chapter 4-20 and clearly states under item number seven that they shall not provide drive-through services or off-site deliveries of marijuana or marijuana products. And I verified that with their zoning folks and they do not allow delivery in the city of Prescuit. Yavapai County in 2020-3 also has the same wording where they don't allow for off-site delivery. Uh marijuana establishments shall not provide drive-through services or off-site deliveries of marijuana or marijuana products. uh in the town of Dwey Humble, they they suggest that that no off-site delivery uh is acceptable unless uh they're going from uh medical marijuana cultivation facilities, transporting to medical marijuana, medical marijuana to medical marijuana dispensaries. Uh so it's dispensary basically from the facility to the dispensary. Uh so um I didn't have a chance to really dive into Chino Valley. Um but there are no other areas that if they are doing deliveries, they're not doing it in accordance with the um the requirements as laid out in Yaba County, the city of Prescuit and here of course town of Dwey Humble. Again, I didn't get a chance to look at at the the um uh city town of Sheen Valley, but I'm just curious as to what what really is the catalyst for this. Um because I I just, you know, if there's some economic disadvantage uh that's that they're that's being claimed. I don't see where that's happening if it's not allowed as a matter of right through the other jurisdictions. So, are you are you aware of these or

I I actually this was a presentation given to me by actually I'd like some clarification because I called these I didn't just take the word of the their actual stuff on their websites. I called their um enforcement code enforcement divisions and uh they said no clearly that this is not allowed in other jurisdictions in the area.

Come up please. [Music] Uh chairperson for your record and commissioners for your record Lindsay Shouy with the law firm of Gamage and Burnham 40 North Central Phoenix, Arizona 85004. Thank you very much. And Chris, thank you. Uh so I do know that the dispensary that is located in the county island is doing delivery. So uh I was un I thought that Prescuit did. So let's not put uh Chris under the blame me if if that information is incorrect. I do know that Flagstaff does deliver, Maricopa County does deliver, and Scottdale does deliver. And I do know that the dispensaries in the north, Maricopa County, um, in Phoenix all deliver and are targeting deliveries up here in Prescat and Prescat Valley. So, you know, chair and and commissioners, I would say to answer your question, and I'm going a little outside here, but you can run brain me back in chairperson or commissioners, you're getting delivery. So, there are deliveries that are coming to Prescuit Valley, and I would say there are twofold reasons. Not only the increased sales tax because at the end of the day, your dispensary that's located here in Prescuit Valley is a small business, right? It's the same as any other. Um, it is a multi-state operator and I can answer questions about JARS. They do operate in other small jurisdictions, rural jurisdictions, PACON, um, for example, and I'll I'll tell a story about that later, but, uh, you have the ability not only to collect the sales tax from that delivery, but also have more control. your first responders, your city government can work with your local dispensary. So when you have a regulation that does not allow delivery,

the only business that it impacts is the one local dispensary. So dis delivery was legal in 2010 with the initial adoption of Prop 203. So there is a history of delivery that's been 15 years old. It is very very controlled. There are two unannounced inspections from the state at every dispensary across the state. They have to produce every delivery log all sorts of information which I'm not going to get into unless you have more questions about that. But it is heavily regulated. I am typically an anti-regulation person, anti-regulation lawyer. However, in this avenue, I think the regulation is well placed and has proven there has not been one issue in 15 years with delivery. A year ago, there was allowed delivery for not only medical but also for establishment licenses. In that past year, there have been no issues. If there are any complaints, the Department of Health Services has the right to call back any delivery car within two hours. So, it is an increased employer because your local dispensary will need to employ more people. It's an increased sales tax and it is an opportunity for your first responders and government to work with this dispensary and help manage the delivery process. So, long- winded answer. Apologies. I if I can follow up with a question. So I no I get that I mean I just this was kind of brought to our attention based on this idea that it's allowed everywhere around here and it's not. Um and then the second thing is is that um and of course I'm not an attorney and so I appreciate that you're here. Uh uh there are and correct me if I'm wrong. Um I'm sure you I'm sure you will. Uh there are um

requirements on how much could be transported, different requirements on the amount for medical uh as well as recreational. Um I'm a delivery guy, right? And I go out with 20 ounces of something uh uh clearly outside the required uh delivery uh uh criteria or or what I can have in transport criteria for medical or or uh recreational. Um, how do how do you get around that? Um, based on the fact that it's Yeah. Yeah. If you could explain that because that, you know, as a delivery driver, I've got to deliver to 10 different people and I'm clearly over the limit. You know, you know, are there regulations and statutes that help protect either the dispensary, in this case, the town for the additional exposure that could potentially be created?

No. Commissioner, uh, through the chairperson. Uh, great question. And it is honestly there are so many rules. I'm so anti-regulation and this is one of the most regulated spaces. I think I I've said on most record you know I do represent quite a few dispensaries around the state and I do spend a lot of time talking about this. I don't use the product. I do get a kick every once in a while someone will say like I don't know like what do I take to sleep? I'm like I don't know. Go to a dispensary ask them. But I can tell you the delivery rules. So you absolut there are limits on how much you can deliver. Absolutely. It is in an unmarked car. The delivery must be placed with the local dispensary. Your ID must be on file with the dispensary in order to get a delivery. Then when you place that order, it is placed in a sealed bag. So, not only is there the the all the requirements on packaging just in and of the dispensary, but then for delivery, it must be sealed that pro. Then you create a a driver's log. You not only have to say I'm going from point A to point B. You have to say north on Navajo, east on Maine, north on first. You have to have a delivery log that is absolutely detailed of exactly where you're going to go. Unmarked car product that can't be seen from the outside, GPS on the car that again the Department of Health Services can call back and within two hours if there's any concern about a delivery driver going out of their lane. I'm not normally good at the puns, but I felt like that was a good one. If the delivery driver is is misbehaving in any way or there's any thought of that, the car can be called back. The GPS information has to be tracked on there

and you have to literally go exactly north,southeast, west. When you get to the residence, you have to deliver to the address that's on the ID and that person, that actual individual has to come out and get that delivery. And if that person is not there to get the delivery, it goes back and it's logged in. All of this information needs to be kept, I want to say, for 90 days at the dispensary. And again, when the state goes to do their unannounced inspections twice a year, they look through these individual logs and the dispensary is fined if the GPS doesn't match the log and the deliveries don't match. It's wild. And there also is a camera on in the person in the car at all times. And there has to be direct voice communication at all times with the driver.

And these uh drivers, I'm assuming, work for the dispensary. They're not like a Door Dash situation, right? Where you're calling somebody to go pick up your sub sandwich or something like that. Through the chair, commissioner. Correct. Other states have different licensing where you can just be a driver and they have companies where you can be more of a Door Dash. Arizona does not allow that. You have to have a facility agent card. With your facility agent card, you have a thorough background check and you are an employee of that dispensary. And again, that car unmarked, product safe, um, camera on it, GPS, and can be called back to the dispensary within two hours notice at any time.

Thank you, Mr. Commissioner Huat. Any other questions? Just just one last uh question. Um uh do we have any indication or any idea what our law enforcement uh uh their position is on this? Have we consulted with them at all in any way? Commissioner Huad, I would be happy to answer that question for you. Thank you. I did consult had a lengthy conversation with Chief Tyer today and they're perfectly fine. It's controlled as we have just heard and explained. And um that's where the critical nature of this lies. So he was finding

almost all the critical nature most of it. Did I answer your question? Yeah, you did. Thank you. I do have one question. the neighboring establishments, marijuana establishments, are they only able to deliver within the town jurisdiction or can they take on an order and deliver it to Dewey Humbold or the city of Prescuit? Chair, may I take this or would you like Chris? Whoever would like to answer this, I'm fine.

I'll I'll start and then Chris can answer. Uh chairperson, great question. any any dual dispensary or establishment can deliver anywhere in the state. Thank you. Yeah, Commissioner Bordon, you had a question. Mine's more curiosity, but um I don't really have it. I I'm laughing because I don't think you can train. I don't think you can deliver alcohol. Correct. Yeah, you can. Yeah, you can. Okay. Yeah. I've never ordered it. So, I just wanted to ask um you're an outside council. Yes. Through the chair. Yes. Okay. Do you work for the town?

Uh no. I work for the You're the only dispensary in town jars cannabis. That's what I figured. And I don't care. I just I wanted to understand the reason this is coming forward and it is because you know the it it comes across that it's a town initiative. But you've probably approached the town or your client has to try to expand your business model and I think the town's supporting it partly because of the revenue and just making sense. I I don't have really any deal. I just wanted to understand the mechanics of why you were taking care of it and it made sense now your client is the dispensary

uh through the chair. Correct. Thank you very much. I I just I wanted to clear that up. Um, yeah. I quite frankly I mean I kind of I was telling someone prior to this meeting that at the sheriff's office when this when marijuana was legalized is a big discussion I had. They said, "Yeah, we have dogs now that we have to retire." Um, this is just changing times. Um, you know, marijuana is legal now, at least in this state. And I I really I wrestled with this too. And I'm glad you you looked up that adjacency. I'm still wrestling.

I don't know if I have a big heartburn over it, though. But I I'm glad you looked that up because that's kind of something that they should bring up and it it should be a discussion for the court moving it forward. So thanks Joe and thank you for clarifying. Thank you very much.

Thank you Commissioner Bordon to Mr. Commissioner Huad and Commissioner Bordeau. I also wrestled with it. I almost felt as if the smartest move would have been to host some public forums where we could have heard from the dispensaries to hear from them and what was really taking place. Um, so that's what made me reach out to the to Chief Tyer and um, after all those conversations, I I felt comfortable with it. So, thank you for being here, Madam Chair. If I can make a couple more comments. Absolutely. Thank you.

So, the you know, so you had mentioned something about delivering across county, city lines, things like that. This concerns me because these other places don't allow it, right? And so certainly uh if we're saying that the town can for their dispensary and their town limits will allow delivery within their town limits, but but in in a sense they're tacitly approving the deliveries of things outside their town limits in jurisdictions that don't allow for it because clearly they don't. I mean it it clearly states in their stuff that they don't allow delivery. No drive up windows, no delivery service. Um where are we putting ourselves in in in in that? I I I don't I I'm very uncomfortable. You again, you guys, it's totally fine, but I'm com uncomfortable approving something that could potentially create an issue with the neighboring communities where they don't allow it. I mean, they clearly don't allow it. And the statement was made that, well, they can, you know, this is done. They can deliver pretty much anywhere. And can I can I toss something out?

Sure. So their ordinance is is reflective of their dispensaries and state law allows dispens allows jurisdictions to allow dispensaries that are located within their jurisdiction to do deliveries and yet it allows it to do it outside the jurisdiction. So quite honestly I I get what you're saying but it's not going to violate any law I don't think. Well, no. I I it's just, you know, you you bring something to the council commission that says these guys allow it and they clearly don't.

No, no, I agree. I mean, that's that's problematic for me. It just it's just problematic. everything that you suggested. I'm, you know, I I had questions about licensing, about monitoring, about chain of custody, all the things that you would normally be concerned with with this sort of thing because at the end of the day, uh whether legal or whatever, it's still a controlled substance, uh obviously heavily controlled, as you said, regulated. Um but when when you bring something to say, "Hey, everybody else is doing it. My kid can play in the sandbox, too." And really they're not.

Yeah. I don't I'm not disagreeing with you on that. What I'm what I'm trying to point out is I think I think that legally a dispensary within the town can deliver outside of the town based on the statute. And so it's a moot point. It's not a moot point. You we should have accuracy in the documents receive. I totally agree with you and I I'm glad you brought that up. I just am sitting here reflecting that I don't like well from a business standpoint and and a revenue standpoint from the town. I'm sorry. I just kind of I I I locked on to Chris's one point of of revenue. I think what you're going to find is the other cities and towns are going to amend their they will

well and for the client too. I mean right this isn't just a benefit to the town. I mean they're obviously here for a reason and uh that that's not escape escape any of us. um just so you're aware. Um um but you know what they talked about the economic disadvantages yet they're clearly not shown and and the economic benefits like what are we talking about here? I mean how many deliveries do you see in these other places and what kind of a tax benefit I it just h I have a reservation that's just I'm going to just say that and we'll we'll leave it at that. So thank you sir. Madame Chairman.

Yes, Commissioner Rutherford. I have been at war with myself all week over this issue and I have come to the conclusion that we can't avoid the question. We just have to hold our nose and vote for whichever is the least objectionable. And one of the things that has occurred to me that if we do approve this, I'd like to see us recommend to the council that they take the additional sales tax revenue and use it for drug education perhaps aimed at parents. Kids are going to find this enticing stuff no matter where they hide it. And it's up to the parents to educate the kids that this is not a child's thing. I would like to see that additional revenue go to drug education wherever it's aimed. Thank you, Commissioner Rutherford. Those are great comments, Mr. Norlock. When this goes before to the town council, if you would please put that in your report that the PNZ commission brought that up.

Absolutely chair. Thank you very much. I will now open the public hearing on ZOA25-00002. Clerk, do we have any public comment? I do not have any pre-registered, but I see someone in the back here. Absolutely. Come forward, sir. It's going to be fun. Whoa. I hope you break. Come right at me.

Perfect. Hi, Jason Knox, Prescuit Valley. Um, I think you're putting the cart before the horse here. When firearms laws, you have state preeemption. Counties, municipalities cannot either have more liberal or more restrictive uh firearms laws on the books. This is kind of the same thing. Um, it should be a state issue, at least a county issue before it becomes down to the m municipalities. If Prescat Valley approves it, but Prescuit does not, Chino Valley does, Dewey Humble does not, which routes are you going to go through? You know what our borders are like? They're not clean and square. So, I personally believe this should be tabled and forwarded to the county minimum, preferably to the state so that there's a statewide uh determination on how this should properly proceed. It should be just wide open and federal law should be amended as well because it's ridiculous. Um, but for now it is not and once again, you know, my apologies to the people that want to do it, but I think it needs to go to the county first minimum. Thank you.

Thank you, sir. So this is I will now close the public hearing and bring ZA25-00002 back to the commission for further comment and or a motion to approve andor deny ZOA25-00002. Is there a motion? Madam Chair, I have a Can I have a a couple questions first to ask? Absolutely.

All right. Thanks. I'm sorry uh you all for being a little bit of a stickler on this, but I have a question that maybe uh the attorney for the client can answer. Uh or just a point of clarification. Uh I in my research and and I believe this is the case when the laws were passed uh they allowed for uh jurisdictions to independently create their own um set of rules if you will as long as they didn't violate the overall uh approval of the of the of the statute allowing use both medical and recreational. Is that correct? So I mean I mean I understand this gentleman's comment the public comment well received by the way. Thank you sir. Um but I I I I think the way the state set it up and and other than the state legislature acting uh right now the cities, towns, counties have the ability to set up their own guidelines.

Correct. Through the chairperson uh commissioner. Yes. So state law allows delivery. Most jurisdictions allow delivery. I would think in the conflict and again please do not put on your planning department any of the misin the misinformation on the county or prescuit. I apologize. I own that if that information is not correct. So, I just want to make sure Chris is okay. Uh, but so the original out of the gate, almost every jurisdiction said no delivery, no drive-thru, limited hours of operation, limited square footage because no one knew what they were going to get. This was 15 years ago. The times have evolved. They're dispensaries are actually really safe because there are so many cameras. delivery. Like I said, there is delivery of alcohol and I actually we know people who alcohol has been delivered left on their doorstep, you know, without anyone even checking an ID. This is so controlled and regulated. Mesa just changed this summer their regulation to allow delivery. Peoria was about a year ago. They allowed delivery. PAC allowed delivery probably two years ago. And so I do agree with the comment that it's jurisdictions catching up of the unknown. Um you know just no one knew how it was going to be delivery like I said. So the the only rule you do have as jurisdiction is you cannot so there are two different types of licenses the medical and the establishment and that's recreational. We say establishment I know it sounds better. Uh you can't make different rules. So you can't say medical you can deliver but establishment you can't. You either as a jurisdiction the state said as a jurisdiction allow delivery or do not allow delivery. But that is your choice. And so I will say also for your medical population they are procluded from getting delivery

at this time because you have to allow delivery of both or neither. And then and then there's hours of limited delivery, right? I mean, it's only at the hours operation for the actual dispensary uh through the chair. Correct. Well, thank you. I just like to suggest uh something to be included in the motion. Um I don't I don't like the analogy of holding my nose. I but I don't want my personal thoughts to get involved. I think if this is going to go to the town council for uh approval or we make a recommendation for approval that the record that's submitted to would be correct.

Huad, are you making a motion? No, I I'm just asking that the record be as a stipulation that the record be corrected in in the dialogue that says that other people are doing it and it's approved and it's Would you like to make a motion with your stipulation? Going to make me do that. Want me to do it? Go ahead, Phil. Um, you've took the easy way out.

Well, I'll do it. That's so I'll I'll I'll make a motion to forward uh uh to the town council for approval uh item ZA25-00002 uh to amend the town code with um two stipulations. Uh the first being um that the record uh be corrected uh or the DI um transcript be corrected to include the language uh for Yavapai County, Chino Valley. Uh the other jurisdictions, it clearly indicates that they're they're they approve this and and they don't. So that that that would be corrected. Uh and then the second would be that uh additional funds collected in taxes that there would be a note that would

Can I ask a question before you finalize that? Can I make sure with the attorney that any uh stipulations don't cause an issue with uh it going to council versus maybe just suggesting it be amended, enforced, transmitted to staff? Because sometimes we make stipulations as part of ordinances that are going to council and that cause causes an issue with the publication. Is that true or you are you okay? Commissioner Bordon, I appreciate you bringing that to our attention after a recent stipulation that we had. Um, yes, it's it's difficult. Please don't make stipulations if possible that regard specific language of the ordinance unless you would like the ordinance to be back before you. So maybe you could say and have, you know, you could make the re recommend approval with staff making modifications to the report that goes to council. I just didn't

Yeah, I just want the I just want the report corrected so that councils gets the information so they don't think I think you're spot on. I just remember there was an issue previous that I talked to the attorney about when we make changes to ordinances. So,

and and I would caution you and I I I maybe need to defer to the uh attorney for the jars here today. I I don't think you can make any stipulation as to where the the funding goes because that that is set out. This is really we're just trying to align ourselves with state law. I can't speak I I I have my hands full researching what we do in this jurisdiction. So I can't speak to what was provided. I I like you to provide some clarification on that beyond with Chris because that's going to need to be answered and it' be best if you did it now. But I will tell you this and already you you cannot make a stipulation as to where the funding going because that's clearly set out in state law. That's reasonable. Okay. So, why don't we let her speak more definitively on this jurisdiction thing and then you'll have better information maybe to make your motion.

And I'm sorry, Commissioner to have to interrupt you on that, but No, no, it's totally maybe maybe make a a recommendation for approval asking staff to modifi to provide that information in the package to the commit to the I I wholeheartedly agree. the correct information should have come to the c to the commission and it should go to council. So, uh, if you want to speak on that, that would be great. If the chairman would like you to if if you're done, I mean, I'm I'm good as if if I'm just asking. We've already started to go down this path. Let's finish. I think it's best we get clarification. Finish it. Yes.

Chair person, commissioner, deputy town attorney, you absolutely have my word. We will work with staff, make sure that the staff report is updated, and that the recommendation that there be additional education on parental education around cannabis and marijuana that we say that on the record for town council. You you have my word on that. And Grady Gamage will have my head if I don't do it. So, I we will. Okay. Madam Chair, are you ready for motion? Yeah, I'm going to revise my my motion uh

to forward with the uh forwarded the town council with a recommendation for approval ZA25-00002 to amend the town code uh with the uh recommendation that the staff report be updated to reflect correct information on adjacent agencies position with their delivery. codes. Second clerk, please call the vote. Chairperson Griffith, yes. Commissioner Phil Bordeau, yes. Commissioner Art Rutherford, yes.

Commissioner Hiwatt, yes. Commissioner Sandra Laney, yes.

Thank you. That passes unanimously. We don't have any action items number seven, but I would like to make public comment and recognition. In as much as we do not have an October planning and zoning meeting, this will be our last meeting that we are embraced um with the love and affection and humility from Commissioner Rutherford. She joined PNZ in October of 2014. And Arda, there are no words. You're loved and you will be missed.

Thank you. You during this time of blood. Well, I think that we all have some Arta DNA in our hearts and uh you're a pretty special woman, my friend. If there's no other business, this meeting is adjourned.