Planning & Zoning Commission

MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, HELD THURSDAY, JUNE 23, 2016, IN THE TOWN COUNCIL CHAMBERS. Vice Chairman Snitzer called the Regular Meeting to order at 6:00 p.m. Roll call was as follows: ROLL CALL: Present Absent Present Absent John Jarchow X Timothy Williams X James Snitzer X Errol Heslop X Rob Ingels X Adam Staley __X__ Richard Smith X STAFF PRESENT: Cody Blake, Interim Zoning Administrator. ITEM NO. 3, CALL TO THE PUBLIC: There were no requests to address the Commission at this time. ITEM NO. 4, APPROVAL OF THE REGULAR MEETING MINUTES FOR JUNE 9, 2016, MAY 6, 2014, JUNE 17, 2014, JULY 1, 2014 AND JULY 21, 2014: COMMISSIONER WILLIAMS MOVED TO APPROVE THE REGULAR MEETING MINUTES FROM JUNE 9, 2016. COMMISSIONER INGELS SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. COMMISSIONER INGELS MOVED TO TABLE THE APPROVAL OF THE REGULAR MEETING MINUTES FOR MAY 6, 2014, JUNE 17, 2014, JULY 1, 2014 AND JULY 21, 2014 UNTIL THE NEXT REGULAR PLANNING AND ZONING MEETING. COMMISSIONER HESLOP SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. ITEM NO. 5, STAFF REPORTS: Mr. Blake said Keith Johnson, Town Manager applicant, had signed a contract with the Town and the decision would be before Council at the July 7, 2016 Town Council meeting. He said if Council approves the contract Mr. Johnson would start on July 13, 2016. Commissioner Ingels asked if any progress would be made on the ADOT Para study, and said he is mostly concerned with Highway 260 and Penrod where vehicles turn into Red Devil Pizza. Mr. Blake said since the previous Town Manager had left, as far as he was aware, nothing had been done at this time. He said maybe the new Town Manager would pursue the ADOT Para study. Commissioner Ingels said he would be patient, but said the Para study did show a concern at the intersection. Vice Chairman Snitzer said a suggestion had been made to install temporary barriers at the location and remove the barriers in the winter for the snow plows. Mr. Blake said he would speak to Matt Patterson, Director of Public Works, and said he would report back to the Commission. 1 ITEM NO. 6, INFORMATION/DISCUSSION ALICIA PHILLIPS, NCDP DRUG FREE COMMUNITY COALITION, REGARDING ADDRESSING ORDINANCES WITH ARIZONA RECREATIONAL MARIJUANA: Alicia Phillips, Drug Free Communities Program Coordinator, said she and Debe Campbell, Drug Free Communities Executive Director, are educating the community on illegal drug usage. She said the Coalition give presentations to the schools on substance abuse prevention, underage drinking, prescription and over the counter drugs and recreational marijuana. She said recreational marijuana will be voted on in November 2016. She said nineteen tons of marijuana had been consumed as edibles or smoked in the state of Arizona. She said she is here to advocate and not lobby, and said she is concerned about the youth in the community. She said she would like to keep marijuana out of the Town and said she encourages the Commission to read the initiative to be voted on in November 2016. She said the youth in Town are obtaining marijuana from medical marijuana card holders. She said we do not want to be known as the Town recreational marijuana can be purchased in. She said typically kids start using marijuana at age thirteen. She said the Town needs to think about the youth and the impact this would have on the youth. She said this is not the marijuana she grew up on, and said this marijuana is extremely potent. She said there would be a tremendous effect on the community with mental health, accidents and law enforcement. She said this is the Coalition’s concern. She said she would like the Commission to consider developing ordinances that would say marijuana dispensaries are not allowed in the Town limits. She said there is one dispensary in Show Low, and said it had been broken into many times. She said our job is to be proactive, and said the Planning and Zoning Commission would be able to take action on what would be allowed in the Town. She said Phoenix took the initiative and said a dispensary had to be located a quarter of a mile away from a school. Discussion ensued regarding marijuana use and statistics from Washington and Colorado. Vice Chairman Snitzer said from a legal standpoint there would be many complications. She said tonight she wanted to bring this subject to the Commissioners attention and asked them to educate themselves and think about what would be best for the Town. She said the community does not want this in Town. Vice Chairman Snitzer said staff would be able to investigate and find out if marijuana dispensaries can be kept out of the Town. He said if marijuana does become legal he would like to know the options for the Town. Commissioner Ingels said as a Planning Commissioner he is uncomfortable legislating and said that is the responsibility of the voters. He said he would be more comfortable if there was an initiative from another community to present to the Town Council or the Planning and Zoning Commission for creating a Zoning Ordinance for the Town. He said the Town attorney would have to look at the legal ramifications. He said his personal feelings are alcohol is a more serious problem than marijuana, and said there are medical benefits for people using medical marijuana. He said he would take the information provided and review it in more detail. Vice Chairman Snitzer said the League of Arizona Cities and Towns did a lot of work regarding this subject, and said the Town received guidance on what can and cannot be done and what other Cities and Towns in Arizona are doing. He said this is something that could come before the Planning and Zoning Commission and said staff could start gathering information regarding this subject. He said he agrees with Commissioner Ingels the decision should be made by voters and not the Town Council. Commissioner Williams said he disagrees, and said the Town has to look at the Codes and have something in place before it comes to Town or to the Town Council. Vice Chairman Snitzer said if marijuana is legalized at the state level, what are the options for the Town of Pinetop-Lakeside? He said staff would be directed to find this out. Ms. Phillips said many coalitions in the State are working with Cities and Towns to create ordinances with the Planning and Zoning department. Vice Chairman Snitzer said staff would look into this and report back to the Commissioners and the Coalition. Commissioner Ingels said the Planning and 2 Zoning Commission deals more with land use and physical location. Vice Chairman Snitzer said this would be a Town Ordinance issue instead of a Planning and Zoning issue. Mr. Blake explained how dispensaries are allowed in “shaws”, and said Show Low is in the “shaw” allowing for a dispensary. ITEM NO. 7, INFORMATION/DISCUSSION/LEGAL ACTION REGARDING REVIEW OF TOWN CODE CHAPTER 16 SUBDIVISIONS: Vice Chairman Snitzer said the Commission would begin on page 3 number 14, and would end at 7:30 p.m. tonight. The following changes were discussed: 16. The concern is “Commercial Buffering” and the Commission will follow-up with No. 16 at a later date. 18. “Mountain Side Development” will be added as follows: (see Chapter 16.20 – Mountain Side Development. 20. Town staff to check R17-9-104 for accuracy. 22. “No Open Space” under the first illustration deleted. “50% Open Space” under the second illustration changed to “50% Unbuilt Common Area.” 24. Remove 25. Town attorney review for legal opinion. 32. Remove “(see Chapter 16.20)” and insert “(see Chapter 17. Forest Health and Fire Protection.” Cody to provide the Chapter 17 details. 33. Department had been restructured. Review No. 33. 37. Review No. 37. 38. Replace the word “residence” with the word “area.” 39. Rewrite as follows: “Easement” means a grant by the owner of the land for its use by the public, a corporation, or private entity for the specific uses designated. 40. Review No. 40. 41. Review No. 41. ITEM NO. 8, FUTURE AGENDA ITEMS: Mr. Blake said Taco Bell should be complete in a month and a half. He said he had done three inspections at the Taco Bell site this week, and said the expansion on the inside is complete and drywall is starting. He said the footings for the front patio area had been poured and sidewalks at the front and side had been poured. 3 Dated this 29th day of June 2016. PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION _____________________________________________ Jill Akins, Assistant to the Town Clerk 4