Planning & Zoning Commission

P&Z REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, April 26, 2022 - 6:00 PM Meeting Room A; Roswell Convention and Civic Center 912 North Main Street, Roswell, NM Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Richard L. Gutierrez Kevin L. Maevers, AICP Merideth Hildreth, AICP Spencer Aiken Louis Najar, PE Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 22-14. A. CALL TO ORDER AND WELCOME – Chair David Storey Chair Storey called to order the regular meeting of the Planning & Zoning Commission at approximately 6:01 p.m. B. ROLL-CALL David Storey Present Jesse McDaniel Present Saul Aguilar Present Jana Lessard Present James MacCornack Present Steve Henderson Present Richard L. Gutierrez Present Staff Members Present: Kevin Maevers, AICP, Community Development Director Merideth Hildreth, AICP, Planning and Zoning Administrator Spencer Aiken, Associate Planner Louis Najar, P.E., City Engineer Audience Members Present: Roy Fort, Jim Mitchell, Dan Dattola, Jim Mitchell, Linda Brasfield, Jana Powell, Larry Connolly, Leonard Salgado, Michael P. Koonce, Patricia Walker, Carlton Walker, Deborah Vance, Barbara Hitt, Jason Greathouse, Tim Frez, Clinton Greathouse, Kristina Caffrey, Duke Rodriguez, Ray Barrola, Irma Perez – Roswell Chaves County EDC, Lisa Dunlap – Roswell Daily Record. Online – Louis, Rita Kane-Doerhoefer, Victoria Bruce. C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. 1 D. APPROVAL OF THE AGENDA Consider approval of the April 26, 2022 Planning & Zoning Commission meeting agenda. Commissioner Henderson MOTIONED to approve the Agenda of Tuesday, April 26, 2022 Planning & Zoning Commission meeting. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7-0. E. APPROVAL OF MINUTES: Consider approval of the March 22, 2022 Planning & Zoning Commission meeting minutes. Commissioner Lessard MOTIONED to approve the regular meeting minutes from the March 22, 2022 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 7-0. F. PUBLIC HEARING ITEMS: 1. CASE 22-007 PPLAT: A request for approval of THE OAKS SUBDIVISION UNIT 2 Preliminary Plat to create 69 residential lots south of Country Club Rd and east of Nevada Ave. Subd: EDEN ACRES UNIT 2 SUMMARY PLAT Lot: 2 S: 30 T: 10S R: 24E DOC# 202009093 REC(M). (Applicant: Mac Real Estate Inc) 2. CASE 22-008 PPLAT: A request for approval of THE OAKS SUBDIVISION UNIT 9 Preliminary Plat to create 47 residential lots south of Country Club Rd and west of Nevada Ave. Subd: EDEN ACRES UNIT 2 SUMMARY PLAT Lot: 2 S: 30 T: 10S R: 24E DOC# 202009093 REC(M). (Applicant: Mac Real Estate, Inc) Chair Storey and Commissioner Lessard recused themselves. Chair Storey turned the meeting over to Vice Chair MacCornack. Chair Storey and Commissioner Lessard exited the dais and the meeting room. Vice Chair MacCornack introduced Case 22-007 PPLAT and 22-008 PPLAT for The Oaks Subdivision to be presented together. Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 22-007 PPLAT and 22-008 PPLAT. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 5-0 with Chair Storey and Commissioner Lessard recused. Spencer Aiken: Presented Case 22-007 PPLAT and 22-008 PPLAT. The first two items for tonight’s meeting are two additional plats for The Oaks Master Plan project. Case 22-007 PPLAT is a request for approval of a preliminary plat for Unit 2 to create 69 residential lots in the R-1 zoning district south of Country Club Road and east of Nevada Avenue on 17.7 acres. Case 22-008 PPLAT is a request for a preliminary plat for Unit 9 to create 47 residential lots in the R-1 zoning district south of Country Club Road and west of Nevada Avenue on 16.32 acres. Slides showed the zoning and locations of the properties under consideration. Adjacent land uses are R-1 in all directions around the Unit 2 property under consideration for Case 22-007 PPLAT. Land 2 surrounding Unit 9 property under consideration for 22-008 PPLAT includes land to the north in Chaves County zoned Rural Suburban, R-1 on land to the south and east, and C- 2 Community Commercial on land to the west. The preliminary plats are congruent with municipal objectives within the city’s 2016 Comprehensive Plan and housing related policies as there is an urgent demand for housing development within the city. The proposed plats act as a catalyst for infill development in the surrounding areas. Staff received one inquiry regarding circulation on Country Club Road from an individual living directly north in the county. Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Subdivision Code, Staff recommends approval of Zoning Case 22-007 PPLAT to create 47 residential lots in the 16.32 acres south of Country Club Road and west of Nevada Avenue as well as Zoning Case 22-008 PPLAT to create 47 residential lots in the 16.32 acres south of Country Club Road and west of Nevada Avenue in the R-1 Residential District. Vice Chair MacCornack: Is there anyone wishing to speak in favor of Case 22-007 PPLAT or 22-008 PPLAT? In Favor: Jim Mitchell the developer of The Oaks. Mr. Mitchell stated that City Council unanimously approved the final plats for Units 1 and 7 within the last two weeks. Several issues were raised during the Council Meeting that Mr. Mitchell decided to address. One issue is that when people look at the plat they think the lot sizes are small. The lots sizes in the Oaks are identical to the adjacent subdivision Sorrento’s lots that are 55’ wide. Tierra Berrenda Subdivision has a mixed lot size which is the mirror image of lot sizes in The Oaks. The second issue is concern about traffic on Country Club. We are working with the city on plans to build acceleration and deceleration lanes in conjunction with the first two units, Unit 1 and Unit 7. These lanes will be constructed before anyone lives in The Oaks. One council member asked if there would be fire lanes and if the streets were wide enough for fire trucks. We work with City Engineering to make sure we meet all the local and state regulations and city code. Greenspace is an issue. To the south of this project is the largest park in Roswell. There are no parks in this subdivision. We are charged a park fee by linear foot per lot. There are other places in the city to spend money on parks such as landscaping at the Rec Center and city medians than on an unmaintained park that would be a burden to the city. A city official thought it would be a good idea to keep the 320 acres as open space. Someone on Facebook was concerned about water pressure; I haven’t built a house yet. When we build subdivisions, and this subdivision is a good example, we tie four water mains together and loop the system that generally allows for more equalized pressure. My assembled team has been working with City Planning and City Engineering for a year. We think we have mitigated a majority of the issues on Units 1, 7, 2, and 9. We think this is the best layout. The lot sizes meet what sells are best for low and medium income homes and utilizes the infrastructure. This project at today’s estimate with 830 homes and 30 acres of commercial property is estimated at $300 million. The City of Roswell gets $11 million of that not including the property taxes and GRT. We are ahead of the 3 game, and about to break ground on Units 1 and 7 and need these two units to be approved so the builders will have enough lots once they get started. Commissioner Henderson: At what point will you pave Nevada and the round-about at the south end of Nevada? Mr. Mitchell: As Phases 1 and 7 are developed, Nevada will be developed. When engineering for the round-about is complete, it will be developed. A storm sewer line has to be developed for the commercial property. There are so many moving parts. Dan Dattola: As part of Jim Mitchell’s development team, I was surprised at the Commission (City Council) meeting because from the beginning we have worked closely with the Planning and Engineering Departments on developing a good plan that satisfied the city and us through compromise. This has been a long process and the city has had a lot of input in how this develops. We have agreed to create an acceleration and deceleration lane on Country Club before we sell any homes. Vice Chair MacCornack: Is there anyone wishing to speak against Case 22-007 or 22- 008? Against: none Louis Najar: Engineering supports this project. The development in the northeast is very similar to this one. Some of the lots on the Northeast side are smaller than the lots being developed here. For those who wanted open space, Roswell has to grow. Every town has growing pains with traffic with developments like this. Last week at an engineering conference in Las Cruces near Sonoma Ranch. Sonoma Ranch by the Golf Course took years to catch up with the traffic. Engineering is working with the developer on Country Club and hiring a consultant to look at it with fresh eyes. The citizens of Roswell might not know that about three or four years ago, Engineering finished Untana (Union and Montana). That project corridor is a four lane all the way up to Berrendo. Engineering has designed a four lane on Berrendo from Montana to Main Street with a storm drain design and corridor design. In 2015, that project cost was estimated at $11 million and today would cost approximately $20 million. These are the growing pains Roswell has to have as Roswell looks to the future whether with Mr. Mitchell or any other developer. The northwest is one of the areas that is growing. To get people from the south side of town up to the shopping, we will eventually make a four lane from Montana on Berrendo. Eventually we will make a four lane from Montana to Berrendo. Progress comes along and we have to have some growing pains with it. I want Roswell to grow and prosper and this is one of the first steps. 4  Motion – 22-007 PPLAT Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Subdivision Code, Commissioner Aguilar MOTIONED to approve Case 22-007 PPLAT: SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 5 to 0 with Chair Storey and Commissioner Lessard recused. Motion – 22-008 PPLAT Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Subdivision Code, Commissioner Aguilar MOTIONED to approve Case 22-008 PPLAT. SECONDED by Commissioner Gutierrez. The motion passed by a voice vote of 5 to 0 Chair Storey and Commissioner Lessard recused. At 6:32, Vice Chair MacCornack invited Chair Storey and Commissioner Lessard back to the meeting and they both re-entered the room and the dais. 3. CASE 22-009 CANN: A request for approval of a Variance, Zone Change to CCAN, and Conditional Use Permit to operate a retail cannabis establishment (recreational and medicinal) at 313 W Country Club Rd, Suite 10. Subd: BERRENDO SQUARE REDIV Lot: 5 E 35.7' W 98.2' & E 12' W 110.2' S 56.6' S: 20 T: 10S R: 24E BK 758 PG 983 REC. (Applicant: Pecos Valley Production) Chair Storey introduced Case 22-009 CANN. Kevin Maevers presented the review and decision-making process for Cannabis cases: Cannabis cases have a slightly different format and go through a slightly different decision-making process. These are the first two Cannabis cases, and that is the reason they have the CANN, which is short for Cannabis. Each case includes three requests: a request for a zone change to CCAN (Commercial Cannabis) zone, a request for a Conditional Use Permit, and a request for a Variance. These three requests are consolidated under a single item and require one motion instead of three. If the Commission does not recommend approval of the variance request then the Commission cannot recommend approval of the zone change or the special use permit requests. The Commission’s options are to recommend to the City Council based on Chapter 27. The Council reserved the right to make the final decision on Cannabis cases. The Planning & Zoning Commission will review the project tonight and make a determination to either recommend that the City Council approve or recommend that the City Council deny the case based on the findings of fact. At this point, the Commission will open up the public hearing; Staff will present first; and then the Chair will invite the project applicant to speak. The project applicant has the burden of proof relative to the variance requested, and the burden to convince the Commission of 5 adequate mitigation measures and adequate protections so the Commission is comfortable with a variance. After the applicant makes their presentation, invite others in the audience to speak for or against the application. Then the Commission can have a discussion and vote. Staff will present the staff report. Again, part of the change is that Staff makes no recommendation and only presents the facts as known today and will walk the Commission through the process. Kevin Maevers presented Case 22-009 CANN. This is the project located at 313 West County Club Road, Suite 10. The project applicant is Pecos Valley Production. This is a request for a variance, a zone change to CCAN, and a Conditional Use Permit to operate a retail cannabis establishment at an existing medical cannabis dispensary in order to sell both medical and recreational cannabis. When creating the Cannabis Ordinance for the city, the State of New Mexico’s legislation made it clear that the city could not shut down an existing business or force an existing business to move. Therefore, existing medical cannabis dispensaries automatically became non-conforming uses and are allowed to stay in business and sell medical cannabis and operate as they had done before the ordinance was adopted. In order for medical cannabis dispensaries to increase their revenues, The State of New Mexico issued the applicant a VICE license that allows the company to sell both medical and recreational cannabis. The request is only at this time to supplement medical cannabis facility with the recreational cannabis. A part of the Variance request is proximity to residential. Due north of the property under consideration is a R-4 Residential Zoning District. This does not meet the minimum 300-foot minimum setback to residential; that is part of the variance request. There are professional medical offices located to the south. To the west there are professional offices, medical offices, and a hospital. Some of these professional and medical offices as well as the hospital provide treatment for substance abuse. The proximity to those facilities is also part of the request for a variance. To the east are medical and professional offices. The property under consideration is located in the medical office complex on Country Club Road east of the hospital and surrounded by other medical uses. Pecos Valley Production has been operating legally and in good faith since 2015. The State of New Mexico issued a VICE license (Vertically Integrated Cannabis Establishment) on September 21, 2021. Chair Storey: Since the anniversary of that date in September is coming up, do they automatically renew through the state and automatically through the city? Kevin Maevers: Assuming the business is operating in good faith and meet all the state requirements, there are annual renewals on the VICE license. Part of the approval process is that the city will issue an Operational Permit, which must be renewed annually. Chair Storey: Does the business have to come back to Planning & Zoning every year for their permit? 6 Kevin Maevers: Not for the Operational Permit. The Operational Permit is issued at the Staff level much like a business license. When business license is renewed, Staff will review the Operational Permit for renewal. This is a two-step process because of the way the State set up renewals. City Council has been discussing on-site consumption of Cannabis. That is a different permit and a different requirement. Assuming they get through this process and become a legal conforming use through the zone change and Conditional Use Permit, they would have an opportunity at a later date to request on- site consumption subject to that Conditional Use Permit. Any time a business expands or changes their operational methodologies or increases intensity of use, a business will be required to apply for an additional Conditional Use Permit. The Variance is the key component to this application. Ordinance 21-09 Section 27-65 prohibits cannabis-related businesses “within 300 feet of any residential district measured from exterior property line to exterior property line.” A residential property are located 22’ away on the north side of the alley in this area. Pecos Valley Production submitted a letter of justification and will present that information. Regarding the zone change application, Commercial cannabis establishments “must be located in the city’s Commercial Cannabis (CCAN) Floating Zone located within the Community Commercial Zone (C-2)” zoning district. The property under consideration is located in the C-2 Zoning District and applying for the CCAN Floating Zone. Mr. Maevers explained the pros and cons of establishing a specific location in town for cannabis establishments. The process in Roswell allows cannabis companies to choose properties within the C-2 Zoning District in which to locate and “pull down” the floating zone and apply it to their property. This allows the companies to negotiate in good faith with property owners The Conditional Use Permit is specific to each business’s context (commercial versus industrial). There are certain materials that need to apply under Section 27-67 of Ordinance 21-09. Some of the requirements do not apply to this is existing building such as a site plan or a construction permit unless undergoing an interior remodel. The ordinance includes requirements for ground-up construction. The Site Security Plan, Operational Plan, Air Quality Control Plan, and Odor Control Plan are required. The Green Waste Disposal Plan is not required because this is not a cultivation facility. The company’s application for the State of New Mexico’s VICE license included a site plan, security plan, and operational plan. These documents required by the state are included in the company’s application to the City of Roswell. The City of Roswell also required a Variance Request Letter, and Permission Letter from the Property Owner. The Planning and Zoning Office received one inquiry as well as a number of phone calls from anonymous callers not leaving a name or address making it difficult to know if people where pro or against the case. Local public health agencies and the local school district have expressed concerns. 7 The Planning & Zoning Commission will make a motion based on the land use and zoning considerations, findings of fact, surrounding land uses, and the regulations established in the Zoning Ordinance, Subdivision Code, and Chapter 27 of the Municipal Code to recommend to the City Council either approval or denial of Zoning Case 22-009 CANN included in one motion to approve or deny a Variance, Zone Change to CCAN, and a Conditional Use Permit pursuant to the revised Conditions of Approval specified in Exhibit F. Due to events the past couple of days, Mr. Maevers revised the Conditions of Approval and added a number of items that provide notifications to the surrounding community such as notifications and points of contact for the school district, schools within a 3-mile radius, and points of contact for all medical facilities in case of an overdose. We want to make sure that in the event of an emergency we can get hold of someone and get the ingredients and other information so proper treatment can occur immediately. We feel it is appropriate to be proactive and for the applicant to provide their contact information to schools, health care agencies, and emergency facilities. Hours of operation became a discussion point. This particular site currently operates Monday through Friday 8 AM to 5 PM. The Conditional Use Permit will allow the business to stay open later due to the retail sales, allow Saturday hours, and recommend being closed on Sundays. We are asking the applicant to prepare and submit a Community Public Relations Plan and a Neighborhood Responsibility Plan pursuant to Chapter 27 Section 27-54 H. 2 & 3 in the City’s code. Responsibility to the community includes education and responsibility in reporting and notifying anyone purchasing cannabis products who may be passing cannabis to people not authorized to purchase cannabis, particularly anyone under 21 years of age. The applicant will provide contact information to school districts and surrounding property owners, hospitals and emergency rooms. Because of the proximity of incompatible uses, this property is not appropriate for on-site consumption. Due to the proximity of incompatible uses, building and site limitations, walk-up windows and drive-thru windows are prohibited at this location. All transactions must be take place inside the store. The applicant shall make available to any individual or organization requesting information, educational and informational materials relating to the medical, social, and educations concerns related to cannabis use by children, pre-teens, and teenagers. Information must be available on the applicant’s website and in hard copy. Commissioner MacCornack: Asked about item number 7 on the Conditions of Approval that states “Zoning Case 22-009 CANN shall be valid for 12 months from the effective date of said City Council approval, unless the applicant requests an extension of time and is granted by the Planning & Zoning Commission. Kevin Maevers: Read the second part. “Issuance of building permits and pursuit of construction will serve to vest the interest in 22-009 CANN. Since the facility is already built, it is vested the day the zoning case is approved. That was included to prevent applicants from applying for a permit and not developing a site for several years. Due to 8 the evolving nature of cannabis ordinances, the city’s cannabis ordinance may look significantly different 12 months from today. Commissioner Aguilar MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to Case 22-009 CANN. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7 to 0. Chair Storey: Is there anyone wishing to speak in favor of Case 22-009 CANN? In Favor: Leonard Salgado, Director of Business Development and Expansion for Pecos Valley Production at 4000 E Hobson Road and joined by the ownership group, the Greathouse family and other members of our team. We are here to seek approval for a Variance, Zone Change to CCAN, and Conditional Use Permit that will allow us to sell adult-use cannabis from our present medical cannabis dispensary located at 313 W Country Club Road. Based on the thorough report developed by Mr. Maevers and his Staff, and the supporting documents we submitted to his office, we are fully prepared to comply with the Conditions of Approval in accordance with the city ordinances. Prior to this meeting, we received the revised Conditions of Approval and have no issues or concerns with the revised document Our company employees over 80 people in the local area. Our company has been serving the nearly 4200 registered medical cannabis patients in Chaves County for over six years. The company operates retail locations in 10 New Mexico counties and operates under two very specific laws: the Medical Cannabis Program under the Lynn and Erin Compassionate Use Act and the Cannabis Regulation Act that regulates adult-use sales program. The company operates under the rules and regulations established by the New Mexico Department of Health, New Mexico Licensing and Regulations Department, and the Cannabis Control Division. In addition to these, the company will add the City of Roswell’s ordinances 21-09, 21-10, 21-13, and 21-59. Our organization takes all cannabis laws, rules and regulations, and ordinances very seriously. Because of the nature of our business, we operate in a transparent manner. The variance we are requesting is primarily required because of the proximity to the residential neighborhood. The company is sensitive to that fact and has received no complaints and not aware of complaints from the surrounding neighbors or businesses. The ability to sell adult-use cannabis is the reason we are here. To illustrate, Mr. Salgado showed a couple of examples of cannabis packaging, one identified with the letter “A” for adult- use and the other identified with the letter “M” for medical cannabis. Both packages represent one gram of smokeable cannabis flower and weigh exactly the same; both have been tested by an independent laboratory as authorized by the state; and both packages show the same safety language as mandated by the state. Each package has a bar code for inventory and in case of a recall. The one marked Adult Use requires collection of a 7.33% gross receipts tax in Chaves County and a 12% excise tax for every sale for persons over the age of 21 who do not show a medical card. Mr. Salgodo 9 demonstrated that once the product is sold, the shop inserts the product into a take-out bag, and staple a flyer to every packet about keeping the product locked, out of sight, and out of reach of children. Public safety is a major concern due to the nature of the business. When you go to our dispensary, the door is locked. Customers must be allowed in electronically. Medical cannabis card and driver’s license are required for medical cannabis. Adult-use customers are required to show a driver’s license. The store has 12 survelliance cameras that record 24/7 on the interior and exterior for customer and employee safety. The company secures all cannabis products in a safe vault at the end of every day. The company has hired retired and off-duty police officers hired to patrol their dispensaries. A staff member is dedicated to the safety and security of the company’s facilities. Mr. Salgado closed with the following comments. Pecos Valley Production is deeply rooted in this community that goes beyond 40 years. Through this ordinance and expansion of the business we want to create jobs and opportunity for our team members. We want to bring new and reoccurring tax revenue into Chaves County for adult-use sales. We want to bring the best and most effective cannabis products to our patients and customers at the most affordable prices. We want to create a professional and safe dispensary environment and work to educate about the medical benefits of cannabis. We want to be recognized as a business partner in this community and give back to Chaves County whenever possible. We are committed to be recognized as a good neighbor. Commissioner Henderson thanked Mr. Salgado for the presentation for being helpful and the impressive steps taken. For the industry as a whole, what are some major problems the industry has faced in operations? Mr. Salgado answered the biggest problem has been the lack of available product to meet the needs of the medical cannabis community across the state. Because of that, the prices that patients pay is above the national average. There are over 133,000 registered medical patients registered across the state. If there were available product, that number would double or triple across the state. Commissioner Henderson asked about any major problems that communities across New Mexico have faced regarding cannabis operations. Mr. Salgado responded that unfortunately there would always be an illicit market in the cannabis industry. We are hoping that as adult –use and medical use programs expand with products tested by independent laboratories, this will serve to will minimize the illicit market. Commissioner Lessard: It appears that the company is under high standards. In traveling, Commissioner Lessard has seen long lines outside facilities where recreational 10 cannabis is available for purchase. How do you control the long lines? Is that purpose of the security to control the lines? Mr. Salgado: One of the functions of security officers is to handle crowd control. Because of selling adult-use cannabis for only 26 or 27 days, the company is working on putting systems in place to have greeters or guards to manage the flow of patients and adult users to get into the dispensary. We are hiring a lot of people across the state right now. Irma Perez, Business Development Manager for Roswell Chaves County Economic Development Corporation: spoke on behalf of Pecos Valley Production. Over the years, Ms. Perez has seen growth in Pecos Valley Production’s facilities and numbers of employees to support production to meet demand. The EDC participated in assisting Pecos Valley Production’s job creation by testifying in JTIP. In November, 2021 the State of New Mexico Economic Development Department granted a $202,646 Job Training Incentive Program award to Pecos Valley Production to hire and train 19 new employees and provide them with employee benefits including major medical, paid vacation, paid holidays, and paid medical leave. In 2021, Pecos Valley Production donated over $27,000 cash and in-kind contributions to over 25 organizations in New Mexico Commissioner Lessard asked about economic impact of the industry in Roswell. Irma Perez responded the creation of more jobs such as hiring 19 new employees. Kevin Maevers also responded to Commissioner Lessard’s question: Any projections for GRT would have to come from Pecos Valley Productions. The company has been operating as a medical cannabis dispensary to this point and does not collect Gross Receipts Tax – GRT for medical cannabis. At this point there has been zero GRT collects. Larry Connolly: This is another step for another great addition to Roswell and Chaves County. Jason Greathouse, Pecos Valley Production: To answer Commissioner Lessard’s question, 2022 projections based on Gross Receipts and Excise Tax, Chaves County will gain $100,000 per year, Gross Receipts to the city alone are projected at $237,000. The economic impact of our payroll and workforce is $12 million a year. Chair Storey: Is there anyone wishing to speak against Case 22-009 CANN? Against: None 11  Motion – 22-009 CANN Based on the land use and zoning considerations, findings of fact, staff recommendations and materials provided, Commissioner Aguilar MOTIONED to recommend to City Council to approve Case 22-009 CANN, including the revised Conditions of Approval as specified in Exhibit F. Second by Commissioner Lessard The motion to recommend approval of Zoning Case 22-009 CANN to the City Council passed by a voice vote of 7 to 0. 4. CASE 22-010 CANN: A request for approval of a Variance, Zone Change to CCAN, and Conditional Use Permit to operate a retail cannabis establishment (recreational and medicinal) at 2800 N Main St, Suite 4. Subd: BERRENDO IRRIGATED FARMS Block: 20 Lot: 24 N 146' S 512' W 280' E 300' S: 20 T: 10S R: 24E BK 681 PG 640 WD. (Applicant: New Mexico Top Organics – Ultra Health, Inc) Chair Storey introduced Case 22-010 CANN. Mr. Kevin Maevers: Presented Case 22-010 CANN Kevin Maevers pointed out the similarities between the two cannabis cases. This application is also for a Variance, Zone Change to CCAN, and a Conditional Use Permit for a retail cannabis establishment that will sell medical as well as recreational cannabis. Land use is slightly different in this particular case. This property is surrounded on the north, south, west, and west by C-2 Community Commercial. Immediately to the west was a recent case that was changed from R-3 or R-4 to C-2. The slide showed the updated zoning map. This application is by New Mexico Top Organics – Ultra Health that has been operating in an existing commercial office building on North Main Street; and the business has been operating a medical cannabis dispensary at this location fully in compliance with the city’s and state’s laws and regulations since 2019. The State issued a Vertically Integrated Cannabis Establishment - VICE license in 2021. The variance request is for a separation distance. Ordinance 21-09 Section 27- 65 prohibits cannabis-related businesses “within 300 feet of all…childcare facilities.” My Kiddos Too is located about 260 feet south away. Even though the zoning is C-2, a previous senior care facility was located immediately to the west and is currently vacant. We have no way of knowing if it will be returned to a senior care facility. It is zoned C-2 so there is no variance necessary for proximity to this property. NMTO Ultra Health provided a Variance Justification Letter included in the packet. The address is 2800 N Main Street and the business is asking for a CCAN floating zone. Pursuant to the requirements of the CCAN zone, the requirements are identical to the previous case. The required documents have been provided in the packet for conversion of an existing facility as opposed to a new facility. Mr. Maevers drove around the location and surrounding areas to make sure of the conditions and presented NMTO-Ultra Health 12 an updated Exhibit F (Conditions of Approval) this evening due to the events of the past couple of days. No protest letters or inquiries have been received. We can assume NMTO-Ultra Health has been operating as a good neighbor. Under a normal zoning case, the notification radius is 100 feet. Because of the nature of the Cannabis industry, City Council wanted to increase the notification area to 300 feet. There is significantly more notification for cannabis development. To have absolutely no feedback whatsoever, either positive or negative, indicates that they are being a good neighbor and operating within the regulations of the state and City of Roswell. The Planning & Zoning Commission will make a motion based on the land use and zoning considerations, findings of fact, surrounding land uses, and the regulations established in the Zoning Ordinance, Subdivision Code, and Chapter 27 of the Municipal Code to recommend to the City Council either approval or denial of Zoning Case 22-010 CANN included in one motion to approve or deny a Variance, Zone Change to CCAN, and a Conditional Use Permit pursuant to the revised Conditions of Approval specified in Exhibit F. It is up to the Commission to recommend approval or denial of Zoning Case 22-010 CANN which will include the variance, zone change to CCAN, and the Conditional Use Permit. Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to Case 22-010 CANN. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7 to 0. Chair Storey: Is there anyone wishing to speak in favor of Case 22-010 CANN? In Favor: Christina Caffrey, Chief Legal Officer of New Mexico Top Organics – Ultra Health: NMTO-Ultra Health operates over 30 cannabis retail locations in New Mexico from Farmington in the northwest to Hobbs in the southeast, Clayton in the northeast to Deming in the southwest. State statute establishes that 33.33% of cannabis excise taxes collected in a municipality are then redistributed to that municipality. Ms. Caffrey believes Ultra Health has been a good neighbor to the community since opening three years ago in Roswell in 2019 and served more than 4,000 registered medical patients in Chaves County. The company’s style of services provides each customer one-on-one dedicated attention from a staff member. This is not a setting where customers take something off the shelf and check out. The company is seeing a lot of business in its facilities near the Texas border, especially in Sunland Park, Hobbs, and Portales. There is potential for recreational cannabis sales to generate additional tourism in Roswell. 13  Duke Rodriguez, President and CEO of Ultra Health. Mr. Salgado did a good job of how we do business. Practically all the procedures of packaging, licensing, how patients are checked in – we are all doing the same thing. Ultra Health is a great barometer for what is happing in New Mexico with its 30 plus locations in New Mexico and coverage of all four corners of the state. Being the state’s largest provider of cannabis we were first into Alamogordo, first into Hobbs, first into Clovis. We dealt with the challenges of these communities and pleased to tell you the process is working very well. In the first 25 or 26 days of service, as we expected, the facilities in Sunland Park, Carlsbad, Hobbs in the southeast corner of New Mexico are an attraction. Forty-two to 45% of the activity is in the southeast. The single busiest dispensary in not in Albuquerque, it is in Sunland Park. The second busiest dispensary is in Hobbs. The dispensary in Roswell will be very successful. It brings patients in and brings adults in. We view customers as either medical or non-medical and all adults over the age of 21. The City of Roswell will have more applicants wanting to provide service in the city, and the city should scrutinize us and scrutinize them. Commissioner MacCornack: asked if Ultra Health provides something similar to Pecos Valley Production on the package warnings. Duke Rodriguez: We do exactly the same and is required by state law. State regulations require certain identifications, warnings, Poison Control Center attached to every package. There will be many new companies in this market. Pecos Valley Productions is not new and is a worthy competitor. There are 400 plus potential licensees across the state and some are not following the packaging and labeling requirements. Chair Storey: Is there anyone wishing to speak against Case 22-010 CANN? Against: None Motion – 22-010 CANN Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance, Subdivison Code, and Chapter 27 of the Municipal Code, Commissioner Lessard MOTIONED to recommend approval of Zoning Case 22- 010 CANN to the City Council, which includes Exhibit F, the Revised Conditions of Approval. Second by Commissioner McDaniel. The motion to recommend of Zoning Case 22-010 CANN to the City Council passed by a voice vote of 7 to 0. G. OTHER BUSINESS 1. Staff Communications, Reports, Information, and Updates Chair Storey: Asked Mr. Maevers for an update of what happened at City Council this week. 14 Kevin Maevers: Instead of me trying to explain what happened, I suggest you watch the replay on YouTube. Things were interesting. The new city councilors and new mayor are settling in. Commissioner Lessard commended Mr. Maevers for the outstanding job presenting at the last City Council. Kevin Maevers: The Mayor is taking his time considering new appointments. The applications for reappointment for Commissioners Lessard, Aguilar, and MacCornack have been submitted to the mayor for consideration. The work load is not decreasing any time soon. In May, there will be four additional cannabis items and two more plats. There are five items already set for June. The mechanisms we used in putting together the Cannabis Ordinance, we followed all the State Guidelines to a T. We followed a number of other guidelines. The City Council, the Legal Committee, and the Cannabis Subcommittee decided the best way to go based on information we had from California, Colorado, Arizona, and other places was to start off with conservative approach. You can see the results today; we have two companies with existing facilities who agreed to do what we asked and are moving through the process. Chair Storey: Asked about the Legal Committee and Council meetings on Monday. Kevin Maevers: Explained they wanted to streamline the process. Some of the concerns expressed by others in the cannabis community, who were not involved in developing this process, drove a number of discussions. I think we have proven this evening that the system we designed and the way it was designed is just fine. I think both presentations made tonight were good and both companies were willing to accept the four pages of Conditions of Approval. This proves we have everyone thinking properly about public health, safety, welfare, as well as the economic impacts associated with the industry. I think we found a nice balance. Mr. Maevers explained the VICE license, Vertically Integrated Cannabis Establishment License. That one license allows for the cultivation, processing, manufacturing, distribution, transportation, as well as retail sales. The city has no agricultural zones within the city. An outdoor grow zone is not available in the city. Mr. Maevers explained the use of water to grow cannabis. The Federal Government, in particular the Bureau of Reclamation controls all waters of the United States. The City of Roswell obtained loans and grants to build a couple of large water towers, so technically, Roswell’s drinking water is considered water of the United States. The Bureau of Reclamation has made it very clear that any city, municipality, or any individual that allows cannabis production, growing, cultivation to occur utilizing Waters of the United States will be subject to arrest and prosecution as a federal level. -The water we have in Roswell comes from underground, but the city uses federal money to build water facilities. 15  Cannabis has been decriminalized for people 21 and over for personal use. The city’s cannabis code is complete. Cannabis grow facilities require a zone change to ICAN zone in I-2 districts. The industry is using technology to grow consistently year round. H. PUBLIC COMMENTS I. ANNOUNCEMENTS Tune into Mike Winters Show at 7 a.m., for Kevin Maever’s updates. J. ADJOURN Chair Storey adjourned the meeting at 7:51 p.m. 16  City of Roswell, NM Planning & Zoning Commission Tuesday, April 26, 2022 at 6:00 PM Meeting Room A Roswell Convention & Civic Center 912 North Main Street Agenda: A. Call to Order G. Other Business B. Roll-Call 1. Staff Communications, Reports, C. Swearing In Information, and Updates D. Approval of the Agenda H. Public Comments E. Approval of the March 22, 2022 I. Announcements P&Z Regular Meeting Minutes J. Adjourn F. Public Hearing Items 1. CASE 22-007 PPLAT 2. CASE 22-008 PPLAT 3. CASE 22-009 CANN 4. CASE 22-010 CANN  F. Public Hearing Items (P&Z Cases 22-007 PPLAT & 22-008 PPLAT) F1. South of Country Club Rd & East of Nevada Ave (22-007 PPLAT) F2. South of Country Club Rd & West of Nevada Ave (22-008 PPLAT)  P&Z Commission Cases 22-007 & 22-008 PPLAT 22-007 PPLAT: A request for approval of the Oaks Subdivision Unit 2 Preliminary Plat to create 69 residential lots in the R-1 Residential District to facilitate the development of single family residential property units south of Country Club Rd and east of Nevada Ave (17.7 acres +/-). 22-008 PPLAT: A request for approval of the Oaks Subdivision Unit 9 Preliminary Plat to create 47 residential lots in the R-1 Residential District to facilitate the development of single family residential property units south of Country Club Rd and west of Nevada Ave (16.32 acres +/-).  P&Z Commission Cases 22-007 & 22-008 PPLAT Direction: Land Use: Zoning: North Residential District R-1 22-007 South Residential District R-1 West Residential District R-1 PPLAT East Residential District R-1 Direction: Land Use: Zoning: North Chaves County R-S 22-008 South Residential District R-1 West Community Commercial District C-2 PPLAT East Residential District R-1 P&Z Commission Cases 22-007 & 22-008 PPLAT Zoning Map of 22-007 Zoning Map of 22-008 PPLAT (Unit 2) PPLAT (Unit 9) P&Z Commission Cases 22-007 & 22-008 PPLAT The Oaks Unit 2 (22-007 PPLAT) and the Oaks Unit 9 (22-008 PPLAT) Master Plan Preliminary Sketch The Oaks Unit 2 (22-007 PPLAT) The Oaks Unit 9 (22-008 PPLAT)  P&Z Commission Cases 22-007 & 22-008 PPLAT P&Z Commission Considerations from Staff Review: • Proposed Preliminary Plats are congruent Country Club Rd with objectives, goals and strategies Sycamore Ave Nevada Ave within the 2016 Comprehensive Plan: • Northwest quadrant of the city “is characterized by new single-family homes” (Pg. 37). • “Good opportunity for additional low to medium density residential development” (Pg. 55). • Plan recommends the provision of incentives for infill development.  P&Z Commission Cases 22-007 & 22-008 PPLAT P&Z Commission Considerations from Staff Review: • Proposed plats act as catalyst for infill development to the surrounding area. • Proposed plats correspond to City of Roswell Resolution 21-65, suggesting they will yield a positive impact on the local and regional economy. • Does not create negative externalities to adjacent community, or City of Roswell.  P&Z Commission Cases 22-007 & 22-008 PPLAT Protests and Inquiries from the Surrounding Community: • No protests and one inquiry have been received by the Planning and Zoning Office as of today’s date.  P&Z Commission Cases 22-007 & 22-008 PPLAT F1. Case 22-007 PPLAT Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Subdivision Code, Staff recommends approval of Zoning Case 22-007 PPLAT to create 69 residential lots in the 17.7 acres +/- south of Country Club Rd and east of Nevada Ave in the R-1 Residential District.  P&Z Commission Cases 22-007 & 22-008 PPLAT F2. Case 22-008 PPLAT Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Subdivision Code, Staff recommends approval of Zoning Case 22-008 PPLAT to create 47 residential lots in the 16.32 acres +/- south of Country Club Rd and west of Nevada Ave in the R-1 Residential District.  F. Public Hearing Items Cont’d F3. 313 W Country Club Rd, Suite 10 (22-009 CANN)  P&Z Commission Case 22-009 CANN 22-009 CANN: A request for a Variance, Zone Change to CCAN, and Conditional Use Permit to operate a retail cannabis establishment at an existing medical cannabis dispensary in order to sell both medical and recreational cannabis. P&Z Commission Case 22-009 CANN 22-009 CANN Direction: Land Use: Zoning: North Professional Office, Vacant Land R-4 and Townhomes South Professional Offices/Medical C-2 Offices West Professional Offices/Medical C-2 and Institutional Offices and Hospital East Professional Offices/Medical C-2 Offices P&Z Commission Case 22-009 CANN City of Roswell Zoning Map Chaves County Assessor Map  P&Z Commission Case 22-009 CANN Background Information • Pecos Valley Production has been operating a medical cannabis dispensary at this location since 2015. • Were issued a Vertically Integrated Cannabis Establishment License (VICE) on September 21, 2021.  P&Z Commission Case 22-009 CANN Variance Request • A Variance to distance separation requirements has been requested. • Ordinance 21-09, Section 27-65 prohibits cannabis-related businesses “within 300 feet of any residential district measured from exterior property line to exterior property line” (Pg. 8). • A residential property is located approximately 22’ northward of this facility. • Pecos Valley Production has included a Variance justification letter (Exhibit A).  P&Z Commission Case 22-009 CANN Zone Change Request • 313 W Country Club Rd, Suite 10 is located within the city’s C-2 (Community Commercial) zoning district. • Commercial cannabis establishments “must be located in the city’s Commercial Cannabis (CCAN) Floating Zone located within the Community Commercial Zone (C-2)” (Ordinance 21-09, Pg. 4). • Recommendation from the P&Z Commission is required to be included in the city’s Commercial Cannabis (CCAN) Floating Zone.  P&Z Commission Case 22-009 CANN Conditional Use Permit Request • Specific to each business’s context (commercial vs. industrial), the materials necessary for issuance of a cannabis-related business Conditional Use Permit under Section 27-67 of Ordinance 21-09 includes a: • Construction regulatory permit • Air quality control plan • Site plan • Odor control plan • Site security plan • Water reclamation plan • Operational plan • Effluent disposal area plan • Green waste disposal plan  P&Z Commission Case 22-009 CANN Conditional Use Permit Request Cont’d • Materials provided by Pecos Valley Production include a: • State of New Mexico VICE license • Site plan • Security plan • Operational plan • Variance request letter • Permission letter from the property owner • Exhibit F contains Conditions of Approval for the proposed Conditional Use Permit.  P&Z Commission Case 22-009 CANN Protests and Inquiries from the Surrounding Community: • One inquiry has been received by the Planning and Zoning Office as of today’s date.  P&Z Commission Case 22-009 CANN F3. Case 22-009 CANN Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance, Subdivision Code and Chapter 27 of the Municipal Code, Staff recommends that the Planning and Zoning Commission make a motion to recommend to the City Council, either approval or denial, of Zoning Case 22-009 CANN, which includes a Variance, Zone Change to CCAN, and a Conditional Use Permit with Conditions of Approval specified in Exhibit F. F. Public Hearing Items Cont’d F4. 2800 N Main St, Suite 4 (22-010 CANN)  P&Z Commission Case 22-010 CANN 22-010 CANN: A request for a Variance, Zone Change to CCAN, and Conditional Use Permit to operate a retail cannabis establishment at an existing medical cannabis dispensary in order to sell both medical and recreational cannabis. P&Z Commission Case 22-010 CANN 22-010 CANN Direction: Land Use: Zoning: North Community Commercial C-2 South Community Commercial C-2 West Community Commercial C-2 East Community Commercial C-2 P&Z Commission Case 22-010 CANN City of Roswell Zoning Map Chaves County Assessor Map  P&Z Commission Case 22-010 CANN Background Information • New Mexico Top Organics-Ultra Health, Inc. has been operating a medical cannabis dispensary at this location since 2019. • Were issued a Vertically Integrated Cannabis Establishment License (VICE) in September, 2021.  P&Z Commission Case 22-010 CANN Variance Request • A Variance to distance separation requirements has been requested. • Ordinance 21-09, Section 27-65 prohibits cannabis-related businesses “within 300 feet of all…childcare facilities” (Pg. 8). • A childcare facility, My Kiddos Too, is located approximately 260’ southward of this facility. • New Mexico Top Organics-Ultra Health, Inc. has included a Variance justification letter (Exhibit A).  P&Z Commission Case 22-010 CANN Zone Change Request • 2800 N Main St, Suite 4 is located within the city’s C-2 (Community Commercial) zoning district. • Commercial cannabis establishments “must be located in the city’s Commercial Cannabis (CCAN) Floating Zone located within the Community Commercial Zone (C-2)” (Ordinance 21-09, Pg. 4). • Recommendation from the P&Z Commission is required to be included in the city’s Commercial Cannabis (CCAN) Floating Zone.  P&Z Commission Case 22-010 CANN Conditional Use Permit Request • Specific to each business’s context (commercial vs. industrial), the materials necessary for issuance of a cannabis-related business Conditional Use Permit under Section 27-67 of Ordinance 21-09 includes a: • Construction regulatory permit • Air quality control plan • Site plan • Odor control plan • Site security plan • Water reclamation plan • Operational plan • Effluent disposal area plan • Green waste disposal plan  P&Z Commission Case 22-010 CANN Conditional Use Permit Request Cont’d • Materials provided by New Mexico Top Organics – Ultra Health, Inc. include a: • State of New Mexico VICE license • Floorplan • Site security plan • Operational plan • Variance request letter • List of adjacent property owners • City of Roswell business license • Exhibit F contains Conditions of Approval for the proposed Conditional Use Permit.  P&Z Commission Case 22-010 CANN Protests and Inquiries from the Surrounding Community: • No protests or inquiries have been received by the Planning and Zoning Office as of today’s date.  P&Z Commission Case 22-010 CANN F4. Case 22-010 CANN Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance, Subdivision Code and Chapter 27 of the Municipal Code, Staff recommends that the Planning and Zoning Commission make a motion to recommend to the City Council, either approval or denial, of Zoning Case 22-010 CANN, which includes a Variance, Zone Change to CCAN, and a Conditional Use Permit with Conditions of Approval specified in Exhibit F.  G. Other Business G1. Staff Communications, Reports, Information, and Updates  H. Public Comments I. Announcements J. Adjourn 2022-04-26 Planning & Zoning Commission Meeting