Planning and Zoning Meeting - Regular Meeting

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[Music] Hey, [Music] hey, hey. [Music] [Music] I call to order this regular meeting of the Xolo Planning and Zoning Commission for Tuesday, September 23rd, 2025. A roll call shows that all commissioners except for Commissioner Adams and Commissioner Whipple are present this evening. Next, we'll have the invocation given by Commissioner Schnef, followed by the pledge of allegiance by Commissioner Wilson. Uh, if you'd like to join us, please stand.

Dear and gracious heavenly father, we ask thee to as we come as the planning and zoning commission of Xolo, we ask thee that thy will guide us and direct us that we can know the correct things to do and our ability for the city of Xolo. And we say this name Jesus Christ. Amen. Amen. And if you'll join me in the pledge of allegiance, please. I

pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. The next item on the agenda is old business uh with item A, consideration of election of a vice chairman. And I will turn it over to Director Tragascus.

Thank you, Mr. Chair. Um first of all, just a little bit of uh training for our commission. You'll notice that we have new microphones in front of you. Uh this was part of a pretty significant upgrade of both the audio as well as uh the visual here in the council chambers. We've got new TVs on the wall that are a little bigger. I'm not sure if I like that looking across the way and seeing myself there. Um we also have the new microphones. These are directional microphones. Um so if they're pointed off to the side or pointed up or pointed down, it's the chances are it may not pick up. So, if you do have a question or something that you want to say, um, when you're recognized by the chair, please make sure you speak directly into the microphone. There may be times when we have people there at the podium that are speaking with the, you know, call with the public or just comments. Uh, depending on their height, we may need to ask them to adjust that microphone. Also, it doesn't affect us so much. We're able to hear this conversation, the conversation with the people there at the podium. uh but it is for people further back in the audience for those watching on TV and for the recording that we use to take the minutes on. So um appreciate just the cooperation there. Um so first item on the agenda is old business. It's election of a vice chair. Um currently our vice chair position is vacant. This would be to fill that position through the end of the year. Technically, we only have three more meetings, but we've seen the last two meetings uh that having a vice chair is something that uh is important for us. So, we we would like to uh fill that position. And then come the first meeting in 2026, that seems odd to say, uh we will go ahead and uh elect a chair and vice chair uh at that first meeting.

So, um with that, uh Mr. Chair, I'll turn it back to you. The proper procedure would be for um there to be a nomination. Um there can be more than one nomination. Um once the nominations are uh completed, then that would be closed and uh the commission would vote on those individuals that have been nominated. So Mr. Chair, I'll turn it back to you to call for uh nominations, discussion, and vote. Thank you, director. Uh, any nominations for the position of vice chairman?

I nominate Dawn. Any other nominations? [Laughter] [Music]

No others. All right. All those in favor of uh Commissioner Wilson for the position of vice chairwoman say I. I. And that is unanimous. Yeah. So at this time we'll have you slide down and we'll actually Mariah if you could transfer the name plate over and uh once that's done then we can move on to new business. Mr. Chair. Thank you director. Congratulations, Vice Chair.

All right, that concludes the uh portion of the agenda on the election of the vice chairperson. Moving on to item six, new business. And item A under new business is consideration of conditional use permit 602-04-277 submitted by Health Center Navajo, Inc. to allow for a marijuana dispensary located at 1350 North Penrod Road. That being APN210-49-123. And I will turn it over to Miss Selene for the staff summary report. [Applause] Is that okay? Can you hear me like that? No.

Yeah. Here. I'm just wondering if I have to lean in this close. Okay, that's going to be fun. No, it's stuck.

Okay. Well, thank you, uh, chairman and commissioners. Um, Health Center Navajo, Inc. has submitted a conditional use permit CUP to allow for a marijuana dispensary located at 1350 North Penrod Road, that being APN 2110-49-123, the current location of Compassionate Care of Azink. In November 2010, Arizona voters approved Proposition 203, which allowed the use of marijuana for medical purposes. The proposition indicated the local governments are not allowed to preclude medical marijuana dispensaries. However, municipalities can implement reasonable uh zoning laws that restrict the placement of registered nonprofit marijuana dispensaries to designated zones. Recreational marijuana was subsequently uh also made legal during its scheduled meeting on September 1st, 2020. The city council approved a request for a zoning change to reszone the specified property from I1 light industrial to C2 general commercial for the purpose of allowing for a metal marijuana dispensary at the lo subject property. Title 19.120- oh sorry 191204A of city code marijuana dispensaries are limited to the C2 zone through a cup. At its regular meeting on October 27th, 2020, the Planning and Zoning Commission granted approval for CUP 602-04-233 presented by Compassion Care of Arizona uh Inc. per permitting a medical marijuana dispensary at the specified location. Following this, in November 2020, Arizona voters passed Proposition 207, which legalized marijuana for recreational use. In December of 2021, Compassionate Care of Arizona, Inc. uh submitted another CUP request to switch from operating as a medical marijuana

dispensary to a general marijuana dispensary, which was approved. Um two years later, on October 17th, 2023, city council approved Compassionate Care of Arizona, Inc. proposed amendment to the condition 15 of their CUP in order to extend the operating hours from 9:00 a.m. to 6A p.m. to 9:00 a.m. to 8:00 p.m. for a one-year period. At the end of the one-year period, staff was authorized to review the CUP. There have been no issues with the extended hours, and the extended hours have remained in place. The applicant Health Center Navajo, Inc. intends to assume ownership of the current marijuana facility owned by Compassionate Care AR of Arizona, Inc. Uh, condition two of the current CUP specifies that the cup is non-ransferable and requires a new cup if there are changes in ownership or location. Staff has reviewed the application and has found that it meets the required outline in city Xolo city code 19.120 marijuana related facilities and recommends the same conditions as compassionate care of Arizona, Inc. Finding of facts. Health Center Navajo, Inc. has submitted a CUP to allow for a marijuana dispensary located at 1350 North Penrod Road, that being APN210-49-123. The applicant intends to own uh obtain ownership of the current dispensary. However, based on the current CUP conditions, they will need a new CUP. Current zoning of the surrounding properties include North South I1 Light Industrial, East C2 general commercial, West I1 Lightnustrial. The current land uses of the surrounding properties include North Vacant Land uh Light Industrial, South JarmCo Concrete LLC, East Northern Arizona Auto Mall, West Jarmco Concrete LLC. Transmittal memos are sent to all effective agencies. One comment from ADOT was received. The applicant will need to submit an

encroachment permit application for their driveway. The property was posted and letters were sent to all property owners within 300 ft of the subject property. No applicable comments were received. Staff recommendations. After reviewing the standards of for review, finding effect of facts, discussions with the applicant, the city of Xolo zoning and land ordinances, and the city of Xolo general plan, staff recommends that the planning and zoning commission approved conditional use permit 602-04-277 submitted by Health Center Navajo, Inc. to allow for a marijuana dispensary located at 1350 North Penrod Road. that being APN210-49-123 subject to the following conditions. All development shall comply with all applicable state and local requirements including Arizona Department of Health Services requirements, city zoning and business permit requirements. This conditional use permit is non-ransferable. Should a change in ownership or location occur, a new conditional per use permit shall be required. The applicant shall apply with all documents submitted to the city as part of this conditional use permit, including the operational procedures and supplemental materials. Signage shall only display the facility name. Submission of application for a dispensary registration certificate constitutes permission for the city to enter and sus inspect the dispensary. An on-site inspection of the dispensary shall occur at a date and time agreed by the dispensary and the city that is no later than five working days after the date the city submits a written request to the dispensary to schedule a certification or compliance inspection unless the city agrees on a later date and time. The city may, after receiving allegations of the dispensary's non-compliance with this conditional use permit or state law from a verified source, inspect the property for compliance with notice. If the city

identifies a violation of city code chapter 19.120 or any condition of approval, the city may schedule a hearing related to the revocation of this conditional use permit. The applicant shall be responsible for installing and maintaining exterior lighting to facilitate surveillance. A security plan meeting uh the approval of the Arizona Department of Health Services with a copy provided to the city shall be required prior to the opening of the business. All alarm systems shall comply with chapter 7.25 alarm system regulations of the city code. Panic buttons shall be installed in the interior of the building. A security guard shall be on the premises at all times the dispensary is open for business. No loitering shall be permitted on the exterior of the proposed business. Only qualifying individuals, employees of the business, or other qualified individuals, including city and state staff members, shall be permitted inside the proposed business. The dispensary shall not dispense, deliver, or otherwise transfer marijuana to an entity other than another dispensary with a valid dispensary registration certificate. issued by the Arizona Department of Health Services, a qualifying patient with a valid registry identification card, or a designated caregiver with a valid registry identification card, or acquire usable marijuana from any entity other than uh another dispensary with a valid dispensary registration certific certificate issued by the Arizona Department of Health Services or cultivation facility with a valid cultivation registration certificate. issued by the Arizona Department of Health Services or a qualified recreational client. This permit is for the sale of marijuana and related paraphernelia only. On-site cultivation is prohibited. The hours of operation are limited to 6 days a week from 9:00 a.m. to 8:00 p.m.

for a one-year period. At the end of the one-year period, staff is authorized to review this conditional use permit. If there are no issues with the extended hours of operation, then the director of planning and zoning department will be able to extend the conditional use permit for an additional 5 years and thereafter review the hours of operation to ensure that there is compliance and no substantial issues with the extended hours of operation. Director Tragas and the applicant are available for questions.

Uh thank you, Miss Helen. I'll uh open up to the commission for questions for staff. I will start. Um, thank you Miss Leen for reading all of those. That was a lot. Uh, but my understanding is that these are the essentially the same uh conditions that were on the previous cup. Are there any differences that we should note? Uh, so these are almost exactly the same conditions of approval. Uh the only change is on uh condition number 13 in reference to the changes in state law that now allow for recreational users. We did add the wording at the end or qualified recreational client. So um it would still need to be somebody that is qualified. It can't be somebody uh you know a minor or uh other individuals that are not qualified to be there uh whether it's recreational or medical related. And one other question on the hours of operation, the six days a week from the 9 to 8, is that per city code in as far as marijuana facilities go or is that specific to what we said last time on this facility?

So, it was specific to this facility. Um, originally, uh, we had a completely different entity at a completely separate location that had applied for a conditional use permit. uh they had stipulated at the time that they were going to operate from 9 to 6. When uh this location opened up, again, a separate location, separate entity, uh staff's recommendation was that they match the same hours of operation. Um because it had been uh required of one, we felt it was fair that it be required of both. After the second uh dispensary opened, the first dispensary ended up going out of business and the second dispensary came back to council and asked for an extension of the hours. Since the first dispensary, which had stipulated to the original hours, was no longer in the picture, um the council did agree to extend those hours from 9 to 6 from 9 to 6 to 9 to 8.

Great. Thank you for the clarification on that. Any other questions, Vice Chairman? So, if Thank you. Um, so this is just a change of ownership, right? And the conditional use permit being non-transferable. Is that a city the city says it's non-ransferable? Okay.

So, correct. So, the state requires each person, each company, each entity to have their own license through the state. um that is something that is dealt with through the state, not through the city. Um I I couldn't tell you what the mechanism is for one person to purchase a license from another person. That that's a state level um decision. The uh requirement for an additional conditional use permit because of transfer of ownership, that is that was a city requirement because of the conditional use permit. Um essentially the the thought was we know who is here making the application before us tonight. Um one year, two year, 5 years down the road, they may choose to sell it. We don't know who that next person is. We would like the opportunity to have a discussion with them as well. So requiring it to be non-transferable allows that to happen.

Awesome. Thank you. So with the new ownership, they're just maintaining the same standards, same security, same everything that's currently in place with the current business. Correct. Okay.

Any other questions for staff? Any questions for the applicant? I don't have any either. Um, any uh members of the public who'd like to make any comment on this agenda item? Now would be the time to do so. Not going to, Doug. All right. Seeing uh none on that, I will bring it back to the commission for any further discussion or a motion on this agenda item.

I'll move to approve. I'll move to approve uh COP 206-04-277 submitted by Health Center Navajo, Inc. uh to allow for a marijuana dispensary located at 1350 North Penrod Road. That being APN 210-49-123, subject to staff recommendations. I have a motion by Commissioner Clark. Do I have a second? I have a second by uh Vice Chair Wilson. All those in favor say I. I. Seeing none opposed, that passes unanimously. Director Tragas.

Thank you, Mr. Chair. Uh, so this is for a conditional use permit 60204277. Uh, as with any conditional use permit, there is a 7-day appeal period. If no appeal is received by the city clerk within those seven days, this conditional use permit will be considered effective. Thank you, director. Next item on the agenda is called to the public. If there's any citizen wishing to speak on a matter within the jurisdiction of the planning and zoning commission that's not on the agenda this evening, you may do so at this time. Uh seeing none, we'll move on to item eight, approval of the minutes. Do I have a motion on the approval of the minutes of the planning and zoning commission regular meeting of August the 12th, 2025? I I'll move to approve them.

I have a motion by Vice Chair Wilson. Do I have a second? I have a second by Commissioner Clark. All those in favor say I. I. That passes unanimously. Moving on to item nine, summary of current events. We will begin with Commissioner Hench. It's a great day in Xolo and uh I believe the Xolo Cougars are going to go far this year in state playoffs football. Just uh with all the things going on this weekend, just be safe out there with homecoming for Xolo and the memorial services for the firefighters.

Just second that. be aware of the procession and the memorial service that's going to be happening because it's going to affect a lot of things throughout town. Absolutely. Also, um more and more uh notices I've been seeing on Ring cameras about bears in the in the area. So, just be careful when you're going out that bears in driveways, bears in backyards. So, they're out right now. So, just be careful. And I don't have anything to add. Director Dascus,

thank you. Um just a couple things. So, as previously mentioned, uh community was hit by a fairly pretty tragic circumstance uh with the deaths of two of our firefighters. Um the funeral services will for uh Brena Kulakowski will be on Friday. Um there will be a procession that will leave from the mortuary here in downtown. It will go down the Duca clubs uh to Clark Road to Old Linden Road and then to the auditorium at the high school. Uh that'll be leaving downtown area about 9:45 in the morning. Uh we would expect and uh request that the drivers be cognizant of that and be respectful. Um additional funeral services will be held on Saturday for firefighter Damon Thompson. That'll also be at 10:00 a.m. with a similar type procession leaving downtown Xolo here about 9:45 following the same route along the Duca clubs to Clark Road to Old Lindon Road uh to the auditorium there at the school. Again, uh expect and request that drivers and and others will be respectful of that procession. Um we also on happier news uh homecoming this week. you'll see some of the different things going on, different activities with the high school. Wish them the best this Friday evening. Uh, also don't forget our soccer teams. Our boys and girls soccer teams are also playing and they're pretty strong contenders this year, too. So, with that, Mr. Chair, I'll turn it back to you.

Thank you, director. Seeing no other items on the agenda, I will adjourn us. [Music] Heat. Heat. N. [Music] [Music]