Planning & Zoning Commission

P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, May 24, 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 Audience Members Present: Juana Luna, Margarita Zavala, Stephen Lee, Jenn Lee, Will Boston, Andrew Hertel, Dan Pabon, Steve Pear, Melanie Dean, Lewis J. Terr, Victoria Bruce, Jim Mitchell, Dan Dattola Online – none C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Consider approval of the May 24, 2022 Planning & Zoning Commission meeting agenda. Commissioner Henderson MOTIONED to approve the Tuesday, May 24, 2022 Planning & Zoning Commission agenda. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7 to 0. 1 E. APPROVAL OF MINUTES: Consider approval of the April 26, 2022 Planning & Zoning Commission meeting minutes. Commissioner Lessard MOTIONED to approve the minutes from the April 26, 2022 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7 to 0. F. PUBLIC HEARING ITEMS: 1. CASE 22-011 SUP: Request for approval of a Special Use Permit to operate a party hall in the R-3 Residential District at 1421 S Garden Ave (building) & 1419 S Garden Ave (parking lot). Subd: JOHNSON & ALLISON S2 BLK 2 LOTS 5-6-7-8 FRUITLAND Block: 5 Lot: 13 AND:- Lot: 14 , and Lot: 15 S: 9 T: 11S R: 24E DOC# 202008367 SWD. (Applicant: Juana Luna) Chair Storey introduced Case 22-011 SUP Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 22-011 SUP. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 7 to 0. Ms. Merideth Hildreth: Presented Case 22-011 SUP Chair Storey: Is there anyone wishing to speak in favor of Case 22-011 SUP? In Favor: Juana Luna requested approval of the Special Use Permit for a special events hall for small events. Chair Storey: Is there anyone wishing to speak against Case 22-011 SUP? Against: Margarita Zavala spoke in opposition stating that is renovating nearby properties. Ms. Zavala spoke about the on-street parking and the noise from the property when previous owners conducted church services and is concerned about the same issues occurring if the property is used as an event hall. Staff Comments: Mr. Kevin Maevers mentioned that according to Zoning Ordinance, the property provides more parking spaces than required. The use as a Special Events Hall will be an intermittent use. Staff understand the property owner’s concerns, but Staff does not view the occasional events as a nuisance to the neighborhood. A vacant building that is in disuse and falls into disrepair is a far more detrimental situation than having a use where owners are maintaining and taking care of the property. 2  Motion – 22-011 SUP Based on the land use and zoning considerations, findings of fact, surrounding land uses, regulations established in the Zoning Ordinance, and testimony, Commissioner Henderson motioned to approve Case 22-011 SUP a Special Use Permit. SECONDED by Commissioner MacCornack. The motion passed by a voice vote of 7 to 0. Chair Storey – spoke to Ms. Zavala to inform her of the option to appeal the case and to visit the Planning and Zoning Staff in the morning for more information on the process. At approximately 6:21 PM, Chair Storey and Commissioner Lessard recused themselves from the next two Final Plat cases, turned the meeting over to Vice Chair MacCornack. Chair Storey and Commissioner Lessard left the dais. 2. CASE 22-007 FPLAT: A request for approval of THE OAKS SUBDIVISION UNIT 2 Final 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) 3. CASE 22-008 FPLAT: A request for approval of THE OAKS SUBDIVISION UNIT 9 Final 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) Vice Chair MacCornack introduced Case 22-007 FPLAT and 22-008 FPLAT Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 22-007 FPLAT and case 22-008 FPLAT. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 5 to 0 with Chair Storey and Commissioner Lessard recusing themselves. Mr. Spencer Aiken: Presented Case 22-007 FPLAT Vice Chair MacCornack: Is there anyone wishing to speak in favor of Case 22-007 FPLAT or 22-008 FPLAT? In Favor: Jim Mitchell addressed the feedback from Council members and other people in the city about small lots. This subdivision will be good quality with diversified housing. 3  Vice Chair MacCornack: Is there anyone wishing to speak against Case 22-007 FPLAT or 22-008 FPLAT? Against: None Motion – 22-007 FPLAT 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 Henderson MOTIONED to recommend to City Council approval of Case 22-007 FINAL PLAT. SECONDED by Commissioner Gutierrez. The motion passed by a voice vote of 5 to 0 with Chair Storey and Commissioner Lessard recusing themselves. Motion – 22-008 FPLAT 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 Henderson MOTIONED to recommend to City Council approval of Case 22-008 FINAL PLAT. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 5 to 0 with Chair Storey and Commissioner Lessard recusing themselves. At approximately 6:35 PM, Vice Chair MacCornack invited Chair Storey and Commissioner Lessard back to the dais. Chair Storey and Commissioner Lessard returned to the dais and the meeting. 4. CASE 22-014 CANN: Request for approval of a Zone Change to CCAN and a Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment at 4311 N Main Street, Suite B. Subd: BLUE MOUNTAIN JUNCTION CENTER Lot: 2 S: 16 T: 10S R: 24E BK: 552 PG: 452 QCD. (Applicant: R Greenleaf Organics) Chair Storey introduced Case 22-014 CANN. Commissioner Aguilar MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to Case 22-014 CANN. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 7 to 0. Mr. Kevin Maevers: Presented Case 22-014 CANN Chair Storey: Is there anyone wishing to speak in favor of Case 22-014 CANN? In Favor: Dan Pabon, works for SCHWAZZE R.Greenleaf based in Denver, Colorado with the principal New Mexico headquarters located in Albuquerque. Chair Storey: Is there anyone wishing to speak against Case 22-014 CANN? Against: None 4  Motion – 22-014 CANN Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Chapter 27 of the Municipal Code, Commissioner Lessard made a MOTION to recommend approval of Zoning Case 22-014 CANN to the City Council. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7 to 0. 5. CASE 22-015 CANN: Request for approval of a Variance to residential distance requirements, Downtown Historic District locational prohibitions, and C-2 zoning requirements; a Zone Change to CCAN; and a Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment at 610 W 2nd Street. Subd: WEST SIDE Block: 13 Lot: 12 THRU:- Lot: 14 , , S: 5 T: 11S R: 24E S: 5 T: 11S R: 24E S: 5 T: 11S R: 24E BK: 270 PG: 893, BK: 270 PG: 893, BK: 270 PG: 893. (Applicant: Southwest Organic Producers – SWOP) Chair Storey introduced Case 22-015 CANN. Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to Case 22-015 CANN. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7 to 0. Mr. Kevin Maevers: Presented Case 22-015 CANN. Chair Storey: Is there anyone wishing to speak in favor of Case 22-015 CANN? In Favor: Will Boston provided a handout that Mr. Aiken passed out to the Commissioners. This facility was originally a gas station, then a used car lot, then vacant. Andrew Hertel: Spoke about security measures, employees and hours on Sundays. Chair Storey: Is there anyone wishing to speak against Case 22-015 CANN? Against: Steven Lee resides in the notification area. On behalf of family and neighbors, Mr. Lee requested the Commission deny this application in a residential area. Motion – 22-015 CANN Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Chapter 27 of the Municipal Code, Commissioner Henderson made a motion to recommend to City Council the approval of Zoning Case 22-015 CANN. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 7-0. 5  6. CASE 22-013 CANN: Request for approval of a Variance to C-3 locational prohibitions, Zone Change to CCAN, and Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment at 117 W Walnut Street. Subd: MARTIN/COX SUMMARY PLAT Lot: 2 DOC # 202000930 WD. (Applicant: Oso Cannabis Company) Chair Storey introduced Case 22-013 CANN. Mr. Kevin Maevers: Presented Case 22-013 CANN Commissioner Aguilar MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to Case 22-013 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 22-013 CANN? In Favor: Lewis Terr with AHR Law Offices represented Compassionate Distributors operating as OSO Cannabis Company. Melanie Dean, the Regional Manager for OSO, was present to answer questions. Chair Storey: Is there anyone wishing to speak against Case 22-013 CANN? Against: None Motion – 22-013 CANN Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Chapter 27 of the Municipal Code, Commissioner Aguilar made a motion to recommend approval of Zoning Case 22-013 CANN to the City Council. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7 to 0. Chair Story called a five-minute recess at 8:22 PM. Chair Storey called the meeting back to order at 8:28 PM. 7. CASE 22-012 CANN: CASE 22-012 CANN: Request for approval of a Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment at 3108 N Main Street. Subd: BUCHANAN REDIV Lot: 4 E 133' AND:- Lot: 5 S 25' E 133' , S: 20 T: 10S R: 24E BK 747 PG 517 SWD. (Applicant: Bryan’s Green Care) Chair Storey introduced Case 22-012 CANN. Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to Case 22-012 CANN. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 7 to 0. 6  Mr. Kevin Maevers: Presented Case 22-012 CANN Chair Storey: Is there anyone wishing to speak in favor of Case 22-012 CANN? In Favor: Victoria Bruce: While Bryan’s Green Care is a new applicant in this industry, the company has been in Roswell since 2017, and is a woman and minority owned cannabis manufacturer, producer, and retailer. Chair Storey: Is there anyone wishing to speak against Case 22-012 CANN? Against: None Motion – 22-012 CANN Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Chapter 27 of the Municipal Code, Commissioner Lessard made a motion to recommend approval of Zoning Case 22-012 CANN to the City Council, which includes a Variance, Zone Change to CCAN, and a Conditional Use Permit with Conditions of Approval (Exhibit F). SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7 to 0. G. OTHER BUSINESS 1. Staff Communications, Reports, Information, and Updates H. PUBLIC COMMENTS I. ANNOUNCEMENTS Ms. Merideth Hildreth mentioned that Mr. Maevers would appear on the Mike Winters Morning Show in the morning to give a Community Development update. J. ADJOURN Chair Storey adjourned the meeting at 8:40 p.m. 7  City of Roswell, NM Planning & Zoning Commission Tuesday, May 24, 2022 at 6:00 PM Meeting Room A Roswell Convention & Civic Center 912 North Main Street Agenda: A. Call to Order F. Public Hearing Items Cont’d B. Roll-Call 6. CASE 22-013 CANN C. Swearing In 7. CASE 22-012 CANN D. Approval of the Agenda G. Other Business E. Approval of the April 26, 2022 1. Staff Communications, Reports, P&Z Regular Meeting Minutes Information, and Updates F. Public Hearing Items H. Public Comments 1. CASE 22-011 SUP I. Announcements 2. CASE 22-007 FPLAT J. Adjourn 3. CASE 22-008 FPLAT 4. CASE 22-014 CANN 5. CASE 22-015 CANN  F. Public Hearing Items (P&Z Case 22-011 SUP) F1. 1421 S Garden Ave (building) & 1419 S Garden Ave (parking lot) (22-011 SUP)  P&Z Commission Case 22-011 SUP 22-011 SUP: A request for a Special Use Permit to operate a Special Events Hall in the the R-3 Residential Zoning District. P&Z Commission Case 22-011 SUP 22-011 SUP Direction: Land Use: Zoning: North Residential R-3 South Residential R-3 West Residential R-2 East Residential R-3 P&Z Commission Case 22-011 SUP Northeast corner of Garden Avenue and Chisum Street. Zoned R-3  P&Z Commission Case 22-011 SUP Special Use Permit Request Cont’d • This Special Use Request is for a Special Events Hall. • Article 16: R-3 Residential Districts allows Special Use Permits for: 2. Parking Lots as a Principal Use 9. Recreation buildings and community centers 10. Schools; such as music, dance, business, commercial, trade  P&Z Commission Case 22-011 SUP Background Information • The property under consideration was a place of worship built c. 1982. • There are 27 existing paved parking spaces. • Access is via Garden, Chisum, and the alley. View looking west along Chisum St • The alley entrance was paved, but has deteriorated. • The alley is unpaved.  P&Z Commission Case 22-011 SUP Special Use Permit Request • Article 3, Section 8 of the Zoning Ordinance allows the Planning & Zoning Commission to consider Special Use Permit requests. • This property has no previous Special Use Permits. • The 1980 Zoning Ordinance No. 1035 allowed churches in the R-1 and R-3 Districts without a Special Use Permit.  P&Z Commission Case 22-011 SUP Special Use Permit Request • Per the City’s Fire Marshal’s Office review, the 2,788 square foot building’s A-2 Occupancy for dance halls without fire suppression will accommodate a maximum of 99 people. • The property owners have a food truck they intend to use for catering events on site.  P&Z Commission Case 22-011 SUP • Article 52, Section 7. Off-Street Parking and Loading Requirements specifies 1 parking space per 200 square feet of net floor area for uses similar to Special Event Halls (community centers, private club, banquet halls). • The 27 developed paved parking spaces exceeds the 14 spaces required by the ordinance.  P&Z Commission Case 22-011 SUP • Zoning Ordinance 20-08 Amended August 13, 2020 Article 16: R-3 Residential District specifies “a 6 foot screen fence shall be required along for religious assemblies…and/or any Special Use along all property lines abutting single-family residential dwellings. • A solid rock wall separates property from north neighbor. • Existing wrought iron fence along east alley, south parallel to Chisum Street, and west parallel Garden Avenue parking lot.  P&Z Commission Case 22-011 SUP Protests and Inquiries from the Surrounding Community: • As of today’s date, the Planning and Zoning Office has received zero protests and zero inquiries.  P&Z Commission Case 22-011 SUP F1. Case 22-011 SUP Based on the land use and zoning considerations, findings of fact, surrounding land uses, and historic use of property, Staff recommends the Planning and Zoning Commission make a motion to approve Zoning Case 22-011 SUP to allow a Special Events Hall on the site as it is currently developed. The Commission may place additional Conditions of Approval as deemed necessary.  F. Public Hearing Items (P&Z Cases 22-007 FPLAT & 22-008 FPLAT) F2. South of Country Club Rd & East of Nevada Ave (22-007 FPLAT) F3. South of Country Club Rd & West of Nevada Ave (22-008 FPLAT)  P&Z Commission Cases 22-007 & 22-008 FPLAT 22-007 FPLAT: A request for approval of the Oaks Subdivision Unit 2 Final 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 FPLAT: A request for approval of the Oaks Subdivision Unit 9 Final 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 FPLAT Direction: Land Use: Zoning: North Residential District R-1 22-007 South Residential District R-1 FPLAT West Residential District R-1 East Residential District R-1 Direction: Land Use: Zoning: North Chaves County R-S 22-008 South Residential District R-1 FPLAT West Community Commercial C-2 District East Residential District R-1 P&Z Commission Cases 22-007 & 22-008 FPLAT Zoning Map of 22-007 Zoning Map of 22-008 FPLAT (Unit 2) FPLAT (Unit 9) P&Z Commission Cases 22-007 & 22-008 FPLAT Master Plan Preliminary Sketch The Oaks Unit 2 (22-007 FPLAT) and The Oaks Unit 9 (22-008 FPLAT) P&Z Commission Cases 22-007 & 22-008 FPLAT P&Z Commission Cases 22-007 & 22-008 FPLAT  P&Z Commission Cases 22-007 & 22-008 FPLAT P&Z Commission Considerations from Staff Review: • Proposed Final Plats are congruent with Country Club Rd objectives, goals and strategies within the Sycamore Ave Nevada Ave 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 FPLAT 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. • Property owner has submitted a Preliminary Drainage Study for Oaks Master Plan, including pre and post development drainage (Exhibit G).  P&Z Commission Cases 22-007 & 22-008 FPLAT 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 Cases 22-007 & 22-008 FPLAT F1. Case 22-007 FPLAT 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 FPLAT 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 FPLAT F2. Case 22-008 FPLAT 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 FPLAT 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 F4. 4311 N Main Street, Suite B (22-014 CANN)  P&Z Commission Case 22-014 CANN 22-014 CANN: A request for approval of a Zone Change to CCAN and a Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment.  P&Z Commission Case 22-014 CANN 22-014 CANN Direction: Land Use: Zoning: North Commercial Parking and C-2 Restaurant South Cellular Retail Facility C-2 West Restaurant and Automotive C-2 Retail Facilities East Commercial Strip Mall and C-2 and R-S Undeveloped Land P&Z Commission Case 22-014 CANN City of Roswell Zoning Map Chaves County Assessor Map  P&Z Commission Case 22-014 CANN Background Information • R Greenleaf Organics has been operating a medical cannabis dispensary at this location since 2020. • Were issued a Vertically Integrated Cannabis Establishment License (VICE) in 2021.  P&Z Commission Case 22-014 CANN Zone Change Request • 4311 N Main Street, Suite B 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 22-014 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 22-014 CANN Conditional Use Permit Request Cont’d • Materials provided by Pecos Valley Production include a: • State of New Mexico Certificate of Good Standing and Compliance • Odor and Air Quality Mitigation Plan • Oath of Application • VICE license • Social and Economic Equity Plan • Bylaws of R Greenleaf Organics, Inc. • State of New Mexico Certificate of Incorporation • City of Roswell Certificate of Occupancy • City of Roswell Business License  P&Z Commission Case 22-014 CANN Conditional Use Permit Request Cont’d • Surveyor’s Certification that no schools, churches, or daycare facilities are located within a 300’ radius • Business Operations Plan • Floorplan • Security Plan, and • Photo identification of all controlling persons • Exhibit F contains Conditions of Approval for the proposed Conditional Use Permit.  P&Z Commission Case 22-014 CANN Protests and Inquiries from the Surrounding Community: • Zero inquiries and one protest letter has been received by the Planning and Zoning Office as of today’s date.  P&Z Commission Case 22-014 CANN F4. Case 22-014 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 hold a public hearing, then make a motion to recommend to the City Council (for approval or denial) of Zoning Case 22-014 CANN, which includes a zone change to CCAN and a Conditional Use Permit with conditions of approval specified in Exhibit F. An Introduction To: 38 Mission 39  and the Community Community Engagement - Member of the Roswell Chamber of Commerce - Annual Toy Drive - Thanksgiving Food Drive Employment - Create new opportunities for employment for the residents of Roswell - Offer extensive training for those who have never worked in the cannabis industry and ongoing education Operating Hours: - Monday – Saturday: 10:00am - 8:00pm Address: 4311 N. Main St. Roswell, NM 88201 - Sunday: 10:00am – 7:00pm 40 Safety and Compliance 41 Cannabis Supply and Products 42 Where R. Greenleaf is Now: 2022 43 F. Public Hearing Items Cont’d F5. 610 W 2nd Street (22-015 CANN)  P&Z Commission Case 22-015 CANN 22-015 CANN: A request for approval of 1. A Variance to residential distance requirements, Downtown Historic District locational prohibitions, and C-2 zoning requirements; 2. A Zone Change to CCAN, and 3. A Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment. P&Z Commission Case 22-015 CANN 22-015 CANN Direction: Land Use: Zoning: North Spa and Massage/Wellness C-4 Facility South Residential Homes R-3 West Digital Media Facility, Financial C-4 Institution & Real Estate Office East Home Care Facility & C-4 Massage/Wellness Facility P&Z Commission Case 22-015 CANN City of Roswell Zoning Map Chaves County Assessor Map  P&Z Commission Case 22-015 CANN Background Information • Southwest Organic Producers has been operating a medical cannabis dispensary at this location since January 20, 2021. • Were issued a Vertically Integrated Cannabis Establishment License (VICE) in September, 2021.  P&Z Commission Case 22-015 CANN Variance Request Southwest Organic Producers has requested a Variance to three requirements specified in Chapter 27 of the Municipal Code. 1. Distance separation requirements specified in City of Roswell Ordinance 21-09, Section 27-65, which prohibits cannabis-related businesses “within 300 feet of any residential district measured from exterior SWOP property line to exterior property line” (Pg. 8). A residential property neighbors 610 W R-3 Property 2nd Street directly to the south.  P&Z Commission Case 22-015 CANN Variance Request Cont’d The two additional Variance requests include: 2. Prohibited special district and locational standards as specified in City of Roswell Ordinance 21-09, Section 27-64, which prohibits cannabis-related businesses within the Downtown Historic District. 3. Zoning and Development Standards as specified in City of Roswell Ordinance 21-09, Section 21-61, which requires all cannabis retail establishments to be “located within the Community Commercial Zone (C-2)” (Pg. 4). Permitted uses pursuant to Article 34: C-4 Commercial Business District of the City of Roswell’s Zoning Ordinance lists permitted uses in the C-4 zone as “any use permitted in the C-2 District (Pg. 54).  P&Z Commission Case 22-015 CANN Zone Change Request • 610 W 2nd Street is located within the city’s C-4 (West Side Business) 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). • To be located within the city’s Community Commercial Cannabis Floating Zone, recommendation of both a variance to Section 21-61 of Ordinance 21-09 and a zone change from the Planning and Zoning Commission is required.  P&Z Commission Case 22-015 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 22-015 CANN Conditional Use Permit Request Cont’d • Materials provided by Southwest Organic Producers include a: • Conditional Use Permit justification letter • Background information of the organization and Roswell establishment • Variance justification letter • Production and Distribution Plan • Description of SWOP facilities and distribution procedures • Lease agreement • Survey verifying that no schools, daycare facilities, or churches are located within a 300’ radius • Certificate of Occupancy  P&Z Commission Case 22-015 CANN Conditional Use Permit Request Cont’d • Fire Marshal inspection report • Medical cannabis distribution/dispense plan • City of Roswell business license • Security plan • Floorplan • Cash security plan • Law enforcement notification plan • Cannabis security plan • Inventory tracking plan • Operational Plan • Map showing adjacent cannabis-related facilities  P&Z Commission Case 22-015 CANN Conditional Use Permit Request Cont’d • State of New Mexico VICE license • Police Response Permit • Certificate of Security System Installation, and • Zoning Verification Letter for medical cannabis sales • Exhibit F contains Conditions of Approval for the proposed Conditional Use Permit.  P&Z Commission Case 22-015 CANN Protests and Inquiries from the Surrounding Community: • Zero inquiries and one protest letter has been received by the Planning and Zoning Office as of today’s date.  P&Z Commission Case 22-015 CANN F5. Case 22-015 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 hold a public hearing, then make a motion to recommend to the City Council (for approval or denial) of Zoning Case 22-015 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 F6. 117 W Walnut Street (22-013 CANN)  P&Z Commission Case 22-013 CANN 22-013 CANN: A request for approval of a Variance to C-3 locational prohibitions, Zone Change to CCAN, and Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment.  P&Z Commission Case 22-013 CANN 22-013 CANN Direction: Land Use: Zoning: North Commercial Parking C-3 Lot South Home Improvement C-3 Store West Beauty Salon C-3 East Barbershop C-3 P&Z Commission Case 22-013 CANN City of Roswell Zoning Map Chaves County Assessor Map  P&Z Commission Case 22-013 CANN Background Information • Oso Cannabis Company has been operating a medical cannabis dispensary at this location since September 19, 2019. • Were issued a Vertically Integrated Cannabis Establishment License (VICE) in September, 2021.  P&Z Commission Case 22-013 CANN Variance Request Oso Cannabis Company has requested a Variance to C-3 locational prohibitions • City of Roswell Ordinance 21- 09, Section 27-64 prohibits cannabis-related businesses within the city’s Downtown SWOP Business District (C-3).  P&Z Commission Case 22-013 CANN Zone Change Request • 117 W Walnut Street is located within the city’s C-3 (Downtown Business) zoning district. • Pursuant to Chapter 27 of the Municipal Code, 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). • To be located within the city’s Community Commercial Cannabis Floating Zone, recommendation of both a variance to Section 21-61 of Ordinance 21-09 and a zone change from the Planning and Zoning Commission is required.  P&Z Commission Case 22-013 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 22-013 CANN Conditional Use Permit Request Cont’d • Materials provided by Oso Cannabis Company include a: • Summary Plat • State of New Mexico VICE license • Security Procedures Plan • Operational Plan • City of Roswell Certificate of Occupancy • Lease agreement with a corresponding lease addendum • Copy of the educational disclaimer on Oso Cannabis Company’s website • Copy of the State of New Mexico’s Commercial and Medical Cannabis Packaging and Advertising Requirement  P&Z Commission Case 22-013 CANN Conditional Use Permit Request Cont’d • Cannabis Finished Product Labeling standards • Cannabis Seed and Immature Cannabis Plant Labeling Standards, and • Photographs of vehicle transportation security • Exhibit F contains Conditions of Approval for the proposed Conditional Use Permit. P&Z Commission Case 22-013 CANN Delivery Vehicle Security Video  P&Z Commission Case 22-013 CANN Protests and Inquiries from the Surrounding Community: • Zero inquiries and zero protest letters have been received by the Planning and Zoning Office as of today’s date.  P&Z Commission Case 22-013 CANN F6. Case 22-013 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 hold a public hearing, then make a motion to recommend to the City Council (for approval or denial) of Zoning Case 22-013 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 F7. 3108 N Main Street (22-012 CANN)  P&Z Commission Case 22-012 CANN 22-012 CANN: A request for approval of a Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment. P&Z Commission Case 22-012 CANN 22-012 CANN Direction: Land Use: Zoning: North Commercial Facilities and C-2 Financial Institutions South Commercial Facilities and C-2 Financial Institutions West Commercial Storage C-2 Facilities East Restaurants and Financial C-2 Institutions P&Z Commission Case 22-012 CANN City of Roswell Zoning Map Chaves County Assessor Map  P&Z Commission Case 22-012 CANN Background Information • Bryan’s Green Care has been operating a CBD store at this location since 2017. • Were issued a Vertically Integrated Cannabis Establishment License (VICE) in January, 2022.  P&Z Commission Case 22-012 CANN Variance Request • Bryan’s Green Care has requested a Variance to distance separation requirements specified in City of Roswell Ordinance 21-09, Section 27-65, which prohibits cannabis-related businesses “within 300 feet of any residential district measured from exterior property line to exterior property line” (Pg. 8). SWOP • Measured from exterior property line to exterior property line, a residential property is located approximately 173’ westward of Bryan’s Green Care.  P&Z Commission Case 22-012 CANN Zone Change Request • 3108 N Main Street is located within the city’s C-2 (Community Commercial) zoning district. • Pursuant to Chapter 27 of the Municipal Code, 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). • To be located within the city’s Community Commercial Cannabis Floating Zone, recommendation of a zone change from the Planning and Zoning Commission is required.  P&Z Commission Case 22-012 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 22-012 CANN Conditional Use Permit Request Cont’d • Materials provided by Bryan’s Green Care include a: • Site plan • Property survey • Articles of Organization • Photo identification of all controlling persons • State of New Mexico VICE license • Operating procedures plan • Emergency response plan • On-site drug and alcohol consumption policy • Site security plan • Crime prevention techniques plan  P&Z Commission Case 22-012 CANN Conditional Use Permit Request Cont’d • Occupational safety plan • Confidentiality agreement • Social and economic equity plan • Product recall plan • Community relations plan • Neighborhood responsibility plan • City of Roswell business license • Transportation procedures plan, and • Map showing adjacent cannabis-related facilities • Exhibit F contains Conditions of Approval for the proposed Conditional Use Permit.  P&Z Commission Case 22-012 CANN Protests and Inquiries from the Surrounding Community: • Two inquiries and zero protest letters have been received by the Planning and Zoning Office as of today’s date.  P&Z Commission Case 22-012 CANN F6. Case 22-012 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 hold a public hearing, then make a motion to recommend to the City Council (for approval or denial) of Zoning Case 22-012 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 2022-05-24 Planning & Zoning Commission Meeting