Planning & Zoning Commission

PUBLIC NOTICE TOWN OF PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION REGULAR MEETING THURSDAY, AUGUST 14, 2025 – 6:00 P.M. TOWN OF PINETOP-LAKESIDE COUNCIL CHAMBERS 325 W. WHITE MOUNTAIN BOULEVARD, LAKESIDE, AZ 85929 AGENDA A. Call to Order: Chairman  Roll Call and Ascertain Quorum  Pledge of Allegiance B. Call to the Public: Chairman This is a business meeting of the Planning and Zoning Commission. The Town values and welcomes public input. Please address the Commission as a whole and not individual Commission Members. Do not address staff or members of the audience. Commission action on items brought up in Call to the Public is limited by the Open Meeting Law. The Commission may direct staff to study the matter and reschedule for further consideration at a later date. Items on the agenda will not be heard or discussed in Call to the Public. Individuals are limited to three (3) minutes. C. Minutes: C.1 Consider approval of the minutes of the Regular Meeting of Deputy Town Clerk the Planning and Zoning Commission held on July 24, 2025. D. New Business: Public comment will be taken at the beginning of each agenda item, after the subject has been announced by the Chairman and explained by staff. Any citizen, who wishes, may speak one time for five (5) minutes on each agenda item before or after Commission discussion. Questions from Commission Members, however, may be directed to staff or a member of the public through the Chairman at any time. D.1 Select Planning and Zoning Commission Chair and Vice Chair Community for 2025-2026. Development Director Loyd D.2 Public Hearing, Discussion and Consideration regarding Community amending Town Code Chapter 17.102 Medical Marijuana. Development Director Loyd D.3 Public Hearing, Discussion and Consideration regarding Community amending Town Code Chapter 17.114 Recreational Marijuana. Development Director Loyd E. Adjournment: Chairman Planning & Zoning Commission Regular Meeting – August 14, 2025 Page 2 Posted on August 8, 2025, at 5:00 p.m. at the following locations: Town Hall Mackenzie Valichnac 325 W. White Mountain Blvd. Town Website Deputy Town Clerk Lakeside, AZ 85929 https://pinetoplakesideaz.gov Pinetop U.S. Post Office Lakeside U.S. Post Office 712 E. White Mountain Blvd. 1815 W. Jackson Lane Pinetop, AZ 85935 Lakeside, AZ 85929 Meeting can be viewed at https://www.youtube.com/channel/UCN53WdzuQen_exXNbatODIw. Note: This meeting is open to the public. All interested people are welcome to attend. A copy of agenda background material provided to the Committee Members, with the exception of material relating to possible executive session, are available for public inspection at the Town Clerk’s Office, 325 W. White Mountain Blvd., Lakeside, AZ 85929, Monday through Friday from 8:00 a.m. to 5:00 p.m. or online at www.pinetoplakesideaz.gov AMERICAN WITH DISABILITIES ACT: The Town of Pinetop-Lakeside intends to comply with the A.D.A. If you are disabled or physically challenged and need special accommodations to participate, please contact the Town Clerk at (928) 368-8696 Ext. 231 at least 48 hours prior to the meeting. Meeting Date: August 14, 2025 Agenda Item #: C.1 Subject: Consider approval of the minutes of the Regular Meeting of the Planning and Zoning Commission held on July 24, 2025.  MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING OF THE TOWN OF PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION, HELD ON THURSDAY, JULY 24, 2025 AT TOWN OF PINETOP-LAKESIDE COUNCIL CHAMBERS 325 W. WHITE MOUNTAIN BOULEVARD, LAKESIDE, AZ 85929 SOME MEMBERS OF THE COMMISSION MAY PARTICIPATE TELEPHONICALLY. A. Call to Order Chairman Kendzlic called the meeting to order at 6:00 p.m. Chairman Kendzlic led the Pledge of Allegiance. Roll Call: The following Members were present: Tim Kendzlic Chairman Jack Pence Vice Chairman John Salskov Commission Member Alison Stewart Commission Member David Westley Commission Member Jeff Stearns Commission Member The following Members were absent: Rick Miller Commission Member Also Present: Jeremiah Loyd Community Development Director Kristi Salskov Town Clerk Mackenzie Valichnac Deputy Clerk Annie DeRosier Marketing Coordinator B. Call to the Public Chairman Kendzlic called for public comments. No comments were given. Minutes of Planning and Zoning Commission Regular Meeting – July 24, 2025. Page 2 C.1 Consider approval of the Minutes of the Regular Meeting of the Planning and Zoning Commission held on February 27, 2025. Commissioner Westley moved to approve the minutes of the Regular Meeting of the Planning and Zoning Commission held on February 27, 2025. Vice Chairman Pence seconded the motion and by show of hands the following vote was recorded: AYES NAYS ABSTAIN Tim Kendzlic X Jack Pence X John Salskov X Alison Stewart X David Westley X Jeff Stearns X Chairman Kendzlic declared the motion passed 6-0. D. New Business D.1 Public Hearing, Discussion and Consideration regarding creating Town Code Chapter 17.100.45 Land Maintenance. Community Development Director Loyd stated that this item is aimed to help fix the issue in Town of the maintenance of the Eastway and Westway alleyways. The recommendation is for adjacent property owners to maintain the alleyways. There are cities and towns in Arizona that have this requirement in place. Commissioner Stewart asked to confirm that this would make the property owner’s responsible for cleaning up debris left by other people. Director Loyd confirmed. Commissioner Salskov stated that he does not think that adjacent owners should be responsible for cleaning up what someone dumped. He does not think that the property owner should face getting charged a fine if they are unable to prove who actually dumped the trash. Chairman Kendzlic stated that since this is public right of way the Town should be responsible for the cleanup. Commissioner Salskov stated that the Town could impose a dumping fine to offset the cost of cleanup. Minutes of Planning and Zoning Commission Regular Meeting – July 24, 2025. Page 3 Commissioner Stearns asked if there has been research on what other cities and town do in similar situations. Director Loyd stated that this is done in other parts of Arizona and the suggestion came from the Interim Town Manager. Commissioner Salskov moved to deny recommending that the Town Council create Chapter 17.100.45 Land Maintenance. Commissioner Stewart seconded the motion and by a show of hands the following vote was recorded: AYES NAYS ABSTAIN Tim Kendzlic X Jack Pence X John Salskov X David Westley X Jeff Stearns X Alison Stewart X Chairman Kendzlic declared the motion passed with a 6-0 vote. E. Adjournment There being no further business at this time, the meeting was adjourned at approximately 6:22 p.m. _________________________ Chairman Kendzlic CERTIFICATION: I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting of the Planning and Zoning Commission of the Town of Pinetop-Lakeside, Arizona, held on the 24th day of July 2025. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 24th day of July 2025. ________________________________ Mackenzie Valichnac Deputy Town Clerk Meeting Date: August 14, 2025 Agenda Item #: D.1 Subject: Select Planning and Zoning Commission Chair and Vice Chair for 2025- 2026.  • PINETOPILAKESIDE Celebral:"'the Seasons- TOWN OF PINETOP-LAKESIDE COMMISSION RECOMMENDATION Meeting Date: 8/14/2025 I I Agenda Item #: I D.1 Subject: Discussion and Legal Action regarding the selection of a Vice Chairman for the Planning and Zoning Commission. Department/Presenter: I Community Development Director- Jeremiah Loyd, P.E. Type of Action � Formal Action/Motion Requested: D Public Hearing D Other-Recommendation to Town Council DISCUSSION: The Town Code requires that a Chair and Vice Chair be selected from sitting members of the Commission. 17.116.040 Selection of officers. The Commission will elect a Chairman and Vice Chairman at the first meeting held after July 31st each year from among its own members who shall serve for one (1) year and until their successors are elected and qualified. The presiding officer of the Planning and Zoning Commission shall be the Chair or Chairperson, who shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Chair shall have the power to administer oaths, to compel attendance of witnesses and to take evidence. The Chair shall have the right to vote on all matters before the Commission, and shall also have the right to make or second motions in the absence of a motion, or a second, made by a member. The Vice Chairman shall perform the duties of the Chairman in the event of absence or disability of the Chairman. RECOMMENDATION: None. FINANCIAL ANALYSIS: None ALTERNATIVES Select any members as Chair & Vice Chair. RECOMMENDED MOTION: Meeting Date: August 14, 2025 Agenda Item #: D.2 Subject: Public Hearing Discussion and Consideration regarding amending Town Code Chapter 17.102 Medical Marijuana.  ;. TOWN OF PINETOP-LAKESIDE PINETOPfLAKESIDE Celebra1:"fue Seasons- COMMISSION RECOMMENDATION Meeting Date: Subject: 8/14/2025 II Agenda Item #: jn.2 Public Hearing, Discussion and Consideration regarding amending Town I Code Chapter 17.102 Medical Marijuana. Department/Presenter: Type of Action Community Development Director- Jeremiah Loyd, P.E. � Formal Action/Motion Requested: � Public Hearing �Other-Recommendation to Town Council DISCUSSION: Staff Report Subject: Conflicts Between ARS 36-2857(C)(l) and Town of Pinetop-Lakeside Ordinances (Chapters 17.102 & 17.114) Purpose: This report outlines the inconsistencies between the statutory requirements outlined in ARS 36-2857, specifically section (C)(l), and the Town of Pinetop-Lakeside's ordinances regulating medical and recreational marijuana under Chapters 17.102 and 17.114. A broad perspective is taken to examine any potential conflicts between the Town Code and applicable state statutes. Background: State Statute ARS 36-2857 (C)(l): This Arizona state law specifies requirements and limitations on local regulation of both medical and recreational marijuana use and establishments. Notably, section (C)(l) restricts municipalities from regulating recreational marijuana differently than medical marijuana within their jurisdictions and limits the extent to which local governments can impose regulations counter to state legalization directives. Town of Pinetop-Lakeside Ordinances: Chapter 17.102 Medical Marijuana: This ordinance provides detailed zoning, operational, and land-use regulations for medical marijuana establishments within the town limits. Meeting Date: August 14, 2025 Agenda Item #: D.3 Subject: Public Hearing Discussion and Consideration regarding amending Town Code Chapter 17.114 Recreational Marijuana. OR MARIJUANA TESTING FACILITY. IF A PERMIT IS REVOKED, THE PERMITTEE SHALL HAVE THE RIGHT TO APPEAL THE DIRECTOR'S DECISION PURSUANT TO SECTION 16.05.110. RECOMMENDATION: Staff recommends that the Commission recommend to the Town Council that it amend Chapter § 17 .114, Recreational Marijuana, and comply with state statutes relating to the same. Including not creating a more restrictive Recreational Marijuana framework than what is on the books for Medical Marijuana per ARS 32-2857(C) FINANCIAL ANALYSIS: None ALTERNATIVES NIA RECOMMENDED MOTION: I move to recommend to the Town Council amending Chapter 17.114 Recreational Marijuana, thereby complying with State Statutes and permitting the sale of recreational marijuana in the Town ofPinetop-Lakeside. Reviewed and Approved by: Rick Miller Community Development Director Interim Town Manager