Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, September 27, 2022 at 6:00 PM Meeting Room A; Roswell Convention & Civic Center 912 North Main Street Roswell, New Mexico Planning & Zoning Commission Members: Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Richard L. Gutierrez City Staff: Community Development Director; Kevin L. Maevers, AICP, CZO Planning & Zoning Administrator; Merideth Hildreth, AICP City Engineer; Louis Najar, P.E. A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda: September 27, 2022 Agenda E. Approval of Minutes: August 30, 2022 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 22-033 ZOC: Request for approval of a Zone Change from R-1 Residential to C-2 Community Commercial Zoning District for 4.529 acres on north side of 201 E Tierra Berrenda Drive. Proposed Tract A1 in Summary Plat No. 1 of TIERRA BERRENDA NO 11 Lot: A S: 16 T: 10S R: 24E DOC# 202202187 REC(N) (Applicant: KEITH NALLEY.) 2. CASE 22-034 CANN: Request for approval of a Variance to distance requirements for cannabis-related businesses, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment (recreational and medical) at 2303 N Main Street, Suite 102. Subd: KASS PLAZA MIDTOWN ROSWELL SUBDIVISION Lot: 1 Quarter: NW S: 28 T: 10S R: 24E DOC# 202202317 WD (Applicant: Cody Fisher for Dreamz Dispensary). G. Other Business 1. Discussion of text amendments to the Zoning Ordinance. H. Public Comments I. Announcements J. Adjourn 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. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council, and no action will be taken. 1 1 of 64 If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the City Clerk at 575- 624-6700 if a summary or other type of accessible format is needed. Printed and posted: September 23, 2022 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, September 27, 2022 6:00 PM – 7:00 PM (MDT) Please join the meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/join/518430445 Help Desk – 575.500.0587 2 2 of 64  P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, August 30, 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, CZO Merideth Hildreth, AICP 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 6:00 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, CZO, Community Development Director Merideth Hildreth, AICP, Planning and Zoning Administrator Louis Najar, P.E., City Engineer Audience Members Present: James Ridgway, Adam Villegas, Tamara Kazma Online – Gabriel Villegas C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. 1 3 of 64 D. APPROVAL OF THE AGENDA Consider approval of the August 30, 2022 Planning & Zoning Commission meeting agenda. Commissioner Lessard MOTIONED to approve the Tuesday, August 30, 2022 Planning & Zoning Commission agenda as presented. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7 to 0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson- yes, Jana Lessard-yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey- yes. E. APPROVAL OF MINUTES: Consider approval of the July 26, 2022 Planning & Zoning Commission meeting minutes. Commissioner Aguilar MOTIONED to approve the minutes from the July 26, 2022 Planning & Zoning Commission meeting. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7 to 0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard- yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey-yes. F. PUBLIC HEARING ITEMS: Chair Storey introduced Case 22-031 VAR 1. CASE 22-031 VAR: Request for approval of Variances to minimum lot size requirements and setbacks in the R-1 Residential zoning district at 808 & 806 W Fourth Street. Subd: WILDYS Block: 2 Lot: 14 Quarter: SW S: 32 T: 10S R: 24E BK 705 PG 512 REC (Applicant: James Ridgway.) Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 22-031 VAR. SECONDED by Commissioner MacCornack. The motion passed by a voice vote of 7 to 0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson- yes, Jana Lessard-yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey- yes. Ms. Merideth Hildreth: Presented Case 22-031 VAR, a request for a variance to split a residential lot in the R-1 Zoning District to allow each house to be on its own separate lot with lot sizes less than 6,000 square foot minimum lot size in R-1: Lot 14A with 5,475 square feet and Lot 14B with 2,945. Variances to the setbacks is also under consideration as proposed on the Ridgway Summary Replat. Subdivision of corner lots in the immediate area is the historic land use pattern, even in the R-1 district. Upon approval by the Planning and Zoning Commission the lot split will be performed by a Summary Plat and will not require City Council approval. Staff received no objections or inquiries. 2 4 of 64  Chair Storey: Is there anyone wishing to speak in favor of Case 22-031 VAR? In Favor: James Ridgway Chair Storey: Is there anyone wishing to speak against Case 22-031 VAR? Against: None Motion – 22-031 VAR 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 approve Zoning Case 22-031 VAR under the proposed Ridgway Summary Replat. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7 to 0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey-yes. Chair Storey introduced Case 22-032 ZOC 2. CASE 22-032 ZOC: Request for approval of a Zone Change from C-2 Community Commercial District to R-3 Residential zoning district at 1117 S Pennsylvania Avenue. Subd: ROSWELL HOMES REDIV Block: 1 Lot: 17 BK:825 PG:352 SWD (Applicant: Trustees of Romulo G. Villegas Revocable Trust.) Commissioner Lessard MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 22-032 ZOC. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7 to 0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey-yes. Ms. Merideth Hildreth: Presented Case 22-032 ZOC, a request for a zone change from C-2 Community Commercial to R-3 Residential Zoning District for an existing residential property. The property is contiguous to the R-3 Zoning District, and next to residential structures in the C-2 District. This property and the surrounding residential structures are listed as Residential Improvement in the Chaves County Assessor Information. Staff received no objections or inquiries. Chair Storey: Is there anyone wishing to speak in favor of Case 22-032 ZOC? 3 5 of 64  In Favor: Gabriel Villegas, Trustee of Bobby Villegas’s estate stated that prospective buyers have been unable to qualify for a mortgage or home loan as the property is zoned commercial. Chair Storey: Is there anyone wishing to speak against Case 22-032 ZOC? Against: None Motion – 22-032 ZOC Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance, Commissioner Lessard MOTIONED to approve Zoning Case 22-032 ZOC, a zone change from C-2 Community Commercial to R-3 Residential for 1117 S Pennsylvania Avenue. SECONDED by Commissioner Gutierrez The motion passed by a voice vote of 7 to 0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey-yes. G. OTHER BUSINESS 1. Kevin Maevers facilitated discussion regarding future amendments to the Zoning Ordinance and Subdivision Regulations, including establishment of a priority list. Over the last year and-a-half, the Planning & Zoning Commission has heard more variances and zone changes for issues not standardized indicating how out-of-date the Zoning Ordinance and Development Code is and highlights a need for amendments. City Council and Legal Committee requested that Planning and Zoning Commission create a prioritized schedule for text amendments. Mr. Maevers presented the following list of priorities.  Article 3: Add Conditional Use Permit (CUP) Requirements and actions the city can take when an applicant violates an existing CUP and procedure for city to revoke a CUP.  Article 4: Update Definitions as needed.  Article 12, 14, and 16 Residential Zoning Districts should include provisions for Short Term Rentals in the Zoning Ordinance. Following the UFO Festival, staff discovered there are approximately 90 short-term rentals operating in the City of Roswell, some of which may not be registered. The R-3 Zoning District allows bed and breakfast with a Special Use Permit. Staff will work on updating the Zoning Ordinance and the Lodgers Tax Ordinance for Short-Term-Rentals simultaneously. 4 6 of 64   Article 52: Parking section is confusing and obsolete to today’s parking needs and can be revised to allow for site specific Parking Analysis instead of arbitrary parking standards. Mr. Maevers is also working with MainStreet Roswell on public parking in the downtown.  The Sign Ordinance has major gaps and needs clarification.  In a post-COVID world, more and more people are working from home and starting their own businesses, so the Home Occupation Article needs to be updated.  The design guidelines for Old Municipal Airport could be looked at. Chair Storey: Staff knows the priorities and suggested going with staff recommendations to bring text amendments to the Commission. Commissioner McDaniel: suggested that staff bring examples along with the text revisions. Chair Storey: asked about Business License Renewals. Commissioner Lessard: Asked for an update on the Community Development Department’s space. H. PUBLIC COMMENTS None I. ANNOUNCEMENTS J. ADJOURN Chair Storey adjourned the meeting at 6:43 p.m. 5 7 of 64  AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Request for Zone Change: Zoning Case 22-033 ZOC City of Roswell Planning & Zoning Commission Agenda Tuesday, September 27, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 22-033 ZOC, Request for approval of a Zone Change from R-1 Residential to C-2 Community Commercial Zoning District. BACKGROUND: Prepared by: Merideth Hildreth, Planning & Zoning Administrator per application submitted by applicant. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The proposed Zone Change requires Planning & Zoning Commission review. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 22-033 ZOC. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, staff recommends that the Planning & Zoning Commission introduce a motion, review, and vote to approve Zoning Case 22-033 ZOC at the September 27, 2022 public hearing. 8 of 64 EXHIBIT A: 22-033 ZOC APPLICATION (3 PAGES) 9 of 64 10 of 64 11 of 64  EXHIBIT B STAFF SUMMARY FOR CASE: 22-033 ZOC REQUEST FOR ZONE CHANGE FROM R-1 TO C-2 Roswell Planning & Zoning Commission Tuesday, September 27, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 22-033 ZOC: Request for approval of a Zone Change from R-1 Residential Zoning District to C-2 Community Commercial District for 4.529 acres on north side of E Tierra Berrenda Drive 1. Property Under Consideration: Property Address: 201 E Tierra Berrenda Drive Legal Description: Tract A1 in Summary Plat No. 1 of TIERRA BERRENDA NO 11 Lot: A S: 16 T: 10S R: 24E DOC# 202202187 REC(N) Property Owner: My Ideal Home LLC Applicant: Keith Nalley II. Site Data: Site Area: 4.529 acres UPC(s): 4.529 acres of 4136058145274000000 (until assigned its own UPC number) Existing Land Use: Vacant Proposed Land Use: Commercial Development Existing Zoning: Community Commercial R-1 Table 1: Adjacent Existing Land Use and Zoning to the property under consideration Direction: Land Use: Zoning: North Residential District - vacant R-1 South Residential District R-1 West Commercial Development C-2 East Residential District - vacant R-1 12 of 64 PAGE 1 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 22-033 ZOC REQUEST FOR ZONE CHANGE FROM R-1 TO C-2 Maps for 22-033 ZOC Chaves County Assessor’s Map Excerpt from Plat by Wagener Engineering 13 of 64 PAGE 2 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 22-033 ZOC REQUEST FOR ZONE CHANGE FROM R-1 TO C-2 III. Intent of Petition: The applicant for Zoning Case 22-033 ZOC is requesting approval of a Zone Change from R-1 Residential to C-2 Community Commercial City of Roswell Zoningfor the 4.529 acre property being created through a Summary Plat to be addressed as 201 Map E Tierra Berrendo Drive. IV. Planning & Zoning Commission Considerations from Staff Review: 1. The property under consideration is located approximately 475’ east of Main Street on the north side of Tierra Berrenda Drive. 2. The proposed Zone Change is compatible with the contiguous commercially zoned property on both the north and south sides of East Tierra Berrendo and Main Street 3. The property under consideration is surrounded by undeveloped R-1 property held by the same owner on the north, east, and south sides. This land is currently intended to be developed as single family homes. 4. Tierra Berrenda Drive is currently undeveloped. Per the City’s Public Works Ordinance, further development on Tierra Berrenda Drive will require the developer to install the street with pavement, curb, and gutter. The developer will be required to install infrastructure to support new development. 8/2022 Google Earth Street View: Looking east from Main Street at the entrance of Tierra Berrenda Drive – currently undeveloped. (Discount Tire is on Main Street in C-2.) 14 of 64 PAGE 3 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 22-033 ZOC REQUEST FOR ZONE CHANGE FROM R-1 TO C-2 Staff Photo: Looking northeast at property under consideration for zone change just east of KidsCare Family Dental Clinic (C-2) from undeveloped Tierra Berrenda Drive. Staff Photo: Looking south from undeveloped Tierra Berrenda Drive at the recently built Texas Roadhouse in C-2. 5. The property under consideration is approximately 205’ from the nearest existing housing in Tierra Berrenda subdivision. 6. The Community Development Department Staff and the City Engineer consider this case a consistency Zone Change and support the request. 15 of 64 PAGE 4 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 22-033 ZOC REQUEST FOR ZONE CHANGE FROM R-1 TO C-2 V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notifications of the public hearing were mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor Map, with lots or land within one-hundred (100) feet of the area under consideration, excluding public right-of-ways. 3. This agenda, which includes this case, has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, the Planning & Zoning Office has received zero (0) written protests, zero (0) verbal protests, and zero (0) inquiries. 5. City of Roswell Zoning Ordinance Article 3: Procedures, Amendments, and Changes Section 9 contains the provisions for Zone Changes. VI. Staff Recommendation: 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 22-033 ZOC to grant a Zone Change from R-1 Residential to C-2 Community Commercial the property to be known as 201 E Berrendo Drive. VII. Action by the Planning & Zoning Commission: Unless evidence to the contrary is introduced in the public hearing, based on the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, it is recommended that the Planning and Zoning Commission introduce a motion, and vote to approve Zoning Case 22-033 ZOC. 16 of 64 PAGE 5 of 5  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS OF ZONING CASE 22-033 ZOC LETTER SENT VIA CERTIFIED MAIL ON SEPTEMBER 9, 2022 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637.6294 RE: PUBLIC HEARING NOTICE for ZONING CASE 22-033 ZOC Dear Property Owner: You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of Zoning Case 22-033 ZOC. This notice is to inform you of an upcoming public hearing before the City of Roswell Planning and Zoning Commission regarding a Zoning Case for the following property. DESCRIPTION OF ZONING APPLICATION REQUEST: CASE 22-033 ZOC: Request for approval of a Zone Change from R-1 Residential to C-2 Community Commercial Zoning District PROPERTY OWNERS: My Ideal Home LLC APPLICANT: Keith Nalley PROPERTY LOCATION: 4.529 acres on north side of 201 E Tierra Berrenda Drive LEGAL DESCRIPTION: Tract A1 in Summary Plat No. 1 of TIERRA BERRENDA NO 11 Lot: A S: 16 T: 10S R: 24E DOC# 202202187 REC(N) The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, September 27, 2022 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person or online at the hearing. The information packet for this zoning case will be available by 5 p.m., on Friday, September 23, 2022, and may be viewed at https://www.roswell-nm.gov/489/Planning-Zoning- Commission. You may inspect the information packet in detail by appointment at the Planning & Zoning Office (575.637.6294) located on the first floor of City Hall Annex at 415 North Richardson Avenue. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: https://www.roswell-nm.gov/189/Community- Development. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. You may join the meeting through GoToMeeting from your computer, tablet or smartphone: https://global.gotomeeting.com/join/518430445. You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445. New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/518430445 Respectfully, Merideth Hildreth, AICP, Planning & Zoning Administrator 17 of 64 (Area Map on Reverse Side )  EXHIBIT D: CASE 22-033 ZOC Request: Request for approval of a Zone Change from R-1 Residential to C-2 for 4.529 Acres CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 7 6 5 1 2 4 3 PROPERTY UNDER CONSIDERATION – 201 E Tierra Berrenda Drive NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 18 of 64  EXHIBIT E: 22-033 ZOC– NOTIFICATION AREA ADDRESSES 1 & 2 (VACANT LOTS) MY IDEAL HOME LLC 8707 RIVER TRACE SAN ANTONIO TX 78255 KEITH NALLEY 821 E 5TH ST ROSWELL NM 88201 3 (VACANT LOT) ROSWELL NORTH MAIN LLC 2727 N CENTRAL AVE PHOENIX AZ 85004 4 & 6 (VACANT LOTS) GAB ENTERPRISES LP 7300 REMCON CIR STE 300 EL PASO TX 79912-1648 5 KIDSKARE PC 1405 S VALLEY DR STE 200 LAS CRUCES NM 88005 KIDSKARE PC OWNER OR MANAGER 3751 N MAIN ST ROSWELL NM 88201 7 (VACANT LOT) CITY OF ROSWELL PO BOX 1838 ROSWELL NM 88202-1838 19 of 64  AGENDA ITEM F.2 City of Roswell Planning & Zoning Commission Zoning Case 22-034 CANN – Variance, Zone Change and Conditional Use Permit City of Roswell Planning & Zoning Commission Agenda Tuesday, September 27, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 22-034 CANN, a request for approval of a Variance to distance requirements to residential district, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment (recreational and medical) at 2303 N Main Street, Suite 102. BACKGROUND: Prepared by: Merideth Hildreth, AICP, Planning & Zoning Administrator per application submitted by applicant. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The proposed Variance, Zone Change, and Conditional Use Permit requires Planning & Zoning Commission review. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and recommend (approval or denial) Zoning Case 22-034 CANN to the City Council. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Ordinances pertaining to Cannabis, Findings of Fact, Staff Recommendations, and materials provided, the Planning & Zoning Commission is requested to review and introduce motions pertaining to Zoning Case 22-034 CANN at the September 27, 2022 Planning & Zoning Commission meeting. 20 of 64 EXHIBIT A: 22-034 CANN APPLICATION PAGE 1 OF 3 21 of 64 EXHIBIT A: 22-034 CANN APPLICATION PAGE 2 OF 3 22 of 64 EXHIBIT A: 22-034 CANN APPLICATION PAGE 3 OF 3 23 of 64  EXHIBIT B STAFF SUMMARY FOR CASE: 22-034 CANN REQUEST FOR VARIANCE, ZONE CHANGE, CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT Roswell Planning & Zoning Commission Tuesday, September 27, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 22-034 CANN: Request for approval of a Variance to distance requirements for cannabis-related businesses, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment (recreational and medical) at 2303 N Main Street, Suite 102. 1. Property Under Consideration: Property Address: 2303 N Main Street, Suite 102 (Kass Plaza) Legal Description: Subd: KASS PLAZA MIDTOWN ROSWELL SUBDIVISION Lot: 1 Quarter: NW S: 28 T: 10S R: 24E DOC# 202202317 WD Property Owner: Property Management Plus LLC Applicant: Cody Fisher for Dreamz Dispensary II. Site Data: Site Area: 1.243 acres (54,145.08 square feet) UPC(s): 4136060019098000000 Existing Land Use: Commercial Building with Tenant Spaces Proposed Land Use: Facility to dispense both medical and recreational cannabis Existing Zoning: Community Commercial C-2 Table 1: Adjacent Existing Land Use and Zoning to the property under consideration Direction: Land Use: Zoning: North Commercial (motel) C-2 South Commercial (Roswell Daily Record) C-2 West Commercial – West side of Main Street C-2 East Residential District – vacant lots on Sallee Loop R-3 24 of 64 PAGE 1 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 22-034 CANN REQUEST FOR VARIANCE, ZONE CHANGE, CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT Maps for 22-034 CANN Chaves County Assessor’s Map City of Roswell Zoning Map 25 of 64 PAGE 2 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 22-034 CANN REQUEST FOR VARIANCE, ZONE CHANGE, CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT III. Intent of Petition: The Applicant is requesting approval of a Variance, Zone Change to CCAN, and Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment. IV. Planning & Zoning Commission Considerations from Staff Review: Background Information The proposed cannabis establishment will be operated in a tenant space in an existing commercial building. The State of New Mexico’s Regulation and Licensing Department and Cannabis Control Division (RLD/CCD) issued FCI of New Mexico LLC a Vertically Integrated Cannabis Establishment (VICE) license on April 5, 2022. Variance Request Dreamz Dispensary has requested a Variance to distance separation requirements specified in City of Roswell Ordinance 21-09, Section 27-65, which requires a minimum distance of 300 feet from the exterior property line of a cannabis-related business to the exterior property line of any residential district. The east property line is contiguous to a vacant lot owned by the Roswell Daily Record that is currently zoned R-3 Residential. The properties on the east side of the alley (Sallee Loop lots) are zoned R-3. The lots on the west side of Sallee Loop are currently vacant. Two professional offices have been built on the east side of Sallee Loop including The ROC Chiropractic and an office that is currently vacant, but served as a physician’s office. The exterior property lines of residential lots east of the alley located east of the professional offices are approximate- ly 345 feet from the east exterior property line of the property under consideration. Chaves County Assessor’s Map showing distance of 345’ to nearest residential dwelling unit 26 of 64 PAGE 3 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 22-034 CANN REQUEST FOR VARIANCE, ZONE CHANGE, CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT Staff Photo: Looking south from Sallee Loop Cul-de-Sac showing vacant land between alley behind 2303 N Main and Sallee Loop. Two professional offices on east side of Sallee Loop. Staff Photo: Looking east from Sallee Loop Cul-de-Sac showing nearest housing units on east side of alley behind professional office. Zone Change Request 2303 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 Commercial Cannabis Floating Zone, recommendation of a zone change from the Planning and Zoning Commission is required. Staff Photo: Kass Plaza at 2303 N Main Street. Dreamz Dispensary has leased Suite 102. 27 of 64 PAGE 4 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 22-034 CANN REQUEST FOR VARIANCE, ZONE CHANGE, CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT Conditional Use Permit Request Specific to each business’s context, the materials necessary for issuance of a cannabis- related business Conditional Use Permit under Section 27-67 of Ordinance 21-09 may include a construction regulatory permit; site plan; site security plan; operational plan; green waste disposal plan; air quality control plan; odor control plan; water reclamation plan and effluent disposal area plan. FCI of New Mexico LLC DBA Dreamz Dispensary include the following documents. 1. EXHIBIT G: VICE-retailer license. 2. EXHIBIT H: Dreamz Dispensary Background Information, Business, Operational Plan, Safety, and Security Plan which includes:  Introduction,  Mission Statement  Culture & Core Values  Community Engagement Plan  Social and Economic Equity Plan  Employment Diversity  Purchasing Diversity  Commitment to Criminal Justice Reform in Drug Policy  Duty to Report  Odor and Air Quality Mitigation Plan  Employee Compliance Training  Workplace and Fire Safety  Continuing Education  Security Plan – Chief of Police has reviewed the security protocols and they meet the minimum requirements  Visitors and Vendors (visitors access and deliveries access). 3. EXHIBIT I: Civil Site Plan. 4. EXHIBIT J: Letter from State of New Mexico Business Services Division approving Articles of Organization effective August 11, 2021. 5. EXIBIT K: Distance Maps. 6. City of Roswell Commercial Business License Registration – pending. 7. Signage Plan (contractor has not yet submitted plans). 28 of 64 PAGE 5 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 22-034 CANN REQUEST FOR VARIANCE, ZONE CHANGE, CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notifications of the public hearing were mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor Map, with lots or land within three-hundred (300) feet of the area under consideration, excluding public right-of-ways. 3. This agenda, which includes this case, has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, the Planning & Zoning Office has received zero (0) written protests, zero (0) verbal protests, and zero (0) in person inquiries. 5. Chapter 27 of the Roswell Municipal Code regulates all projects related to cannabis within the City of Roswell. VI. Staff Recommendation: 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, 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 22-034 CANN, which includes a variance, zone change to CCAN and a Conditional Use Permit with conditions of approval specified in Exhibit F. VII. Action by the Planning & Zoning Commission: Pursuant to the Staff recommendation above, it is requested 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 22-034 CANN. 29 of 64 PAGE 6 of 6  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS OF ZONING CASE 22-034 CANN LETTER SENT VIA CERTIFIED MAIL ON SEPTEMBER 9, 2022 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637.6294 RE: PUBLIC HEARING NOTICE for ZONING CASE 22-034 CANN Dear Property Owner: You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 300 feet of City of Roswell Planning & Zoning Case 22-034 CANN. This notice informs you of an upcoming public hearing before the City of Roswell Planning and Zoning Commission regarding a Zoning Case for the following property. DESCRIPTION OF ZONING APPLICATION REQUEST: CASE 22-034 CANN: Request for approval of a Variance, Zone Change to CCAN and a Conditional Use Permit to operate an adult use retail cannabis establishment at 2303 N Main Street, Suite 102 PROPERTY OWNER: PROPERTY MANAGEMENT PLUS LLC APPLICANT Cody Fisher for Dreamz Dispensary PROPERTY LOCATION: 2303 N Main Street LEGAL DESCRIPTION: KASS PLAZA MIDTOWN ROSWELL SUBDIVISION Lot: 1 Quarter: NW S: 28 T: 10S R: 24E The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning cases on Date: TUESDAY, SEPTEMBER 27, 2022 at 6:00 p.m. in Meeting Room A of the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office, in person, or online at the hearing. To be considered, written protests must be submitted to and received by the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Planning & Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for these zoning cases will be available no later than 5:00 p.m., on Friday, September 23, 2022, and may be viewed at https://www.roswell-nm.gov/489/Planning-Zoning-Commission. You may inspect the information packet in detail by appointment at the Planning & Zoning Office (575.637.6294) located on the first floor of City Hall Annex at 415 North Richardson Avenue. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: https://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO The City’s Cannabis Ordinance is available online at: https://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_CH27CA If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Merideth Hildreth, AICP, Planning & Zoning Administrator 30 of 64 (Area Map on Reverse Side )  EXHIBIT D: CASE 22-034 CANN Request: Request for approval of a Variance, Zone Change to CCAN and a Conditional Use Permit to operate an adult use retail cannabis establishment CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 4 9 32 3 13 8 14 2 10 15 16 17 18 31 7 19 20 1 21 22 11 23 24 30 25 6 12 5 26 29 28 27 PROPERTY UNDER CONSIDERATION – 2303 N Main Street, Suite 102 (Dreamz Dispensary) NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 31 of 64  EXHIBIT E: 22-034 CANN – NOTIFICATION AREA ADDRESSES 1 PROPERTY MANAGEMENT PLUS LLC 3820 N GRIMES ST STE 75 HOBBS NM 88240 CODY FISHER DREAMZ DISPENSARY 4275 KELLWAY CIR ADDISON TX 75001 2 BRIJESH BHAKTA 2331 N MAIN ST ROSWELL NM 88201-6452 3 NARENDRA D & SONIA N MISTRY 9 CHARING CROSS CT ROSWELL NM 88201 4 (VACANT LOT) GRAHAM FAMILY INVESTMENTS LLC PO BOX 1835 ROSWELL NM 88202-1835 5 & 6 (6 IS VACANT LOT) ROSWELL DAILY RECORD PO BOX 1897 ROSWELL NM 88202-1897 7 (VACANT LOT) ALAN TUCKER PO BOX 1478 ROSWELL NM 88202 8, 9, 10 (VACANT LOTS) F& H INVESTMENTS LLC PO BOX 563 ROSWELL NM 88202-0563 32 of 64 11 ROCK DOCS LLC 5 ISLA CT ROSWELL NM 88201 11 CONTINUED ROCK DOCS LLC 2303 SALEE LP ROSWELL NM 88201 12 ROSWELL CLINIC CORP 14400 METCALF AVE OVERLAND PARK KS 66223 ROSWELL CLINIC CORP 115 E 23RD ST ROSWELL NM 88201 13 ROBERT W MC KELVEY 2402 N GRAND AVE APT B ROSWELL NM 88201-6487 14 MAGDALENO CHAIDEZ & MARIA R CHAIDEZ 446 N RED BRIDGE RD ROSWELL NM 88201 MAGDALENO CHAIDEZ & MARIA R CHAIDEZ OR CURRENT OWNER 2400 N GRAND AVE ROSWELL NM 88201 15, 16, 17, 18 MICHAEL F LAWSON 3200 W COLLEGE BLVD ROSWELL NM 88201 33 of 64 15 MICHAEL F LAWSON OR CURRENT OWNER 2312 N GRAND AVE ROSWELL NM 88201 16 MICHAEL F LAWSON OR CURRENT OWNER 2312 N GRAND AVE ROSWELL 88201 17 MICHAEL F LAWSON OR CURRENT OWNER 2310 N GRAND AVE ROSWELL NM 88201 18 MICHAEL F LAWSON OR CURRENT OWNER 2310 N GRAND AVE ROSWELL NM 88201 19 & 21 FRANCIS COX ESTATE 7065 BLACK RIDGE RD EL PASO TX 79912-7242 19 FRANCIS COX ESTATE OR CURRENT OWNER 2308 N GRAND AVE ROSWELL 88201 20 & 22 FAMILY SHARE OF THE COX LIVING TRUST 1 MERCEDES CT ROSWELL NM 88201 34 of 64 20 FAMILY SHARE OF THE COX LIVING TRUST OR CURRENT OWNER 2308 N GRAND AVE ROSWELL 88201 21 FRANCIS COX ESTATE OR CURRENT OWNER 2306 N GRAND AVE ROSWELL 88201 22 FAMILY SHARE OF THE COX LIVING TRUST OR CURRENT OWNER 2306 N GRAND AVE ROSWELL 88201 23 & 25 MICHELE WHITE 3020 N MAIN ST, STE D ROSWELL NM 88201 23 MICHELE WHITE OR CURRENT OWNER 2301 N GRAND AVE ROSWELL 88201 24 MICHELE WHITE & EDWARDS ORNS 3020 N MAIN ST, STE D ROSWELL NM 88201 MICHELE WHITE & EDWARDS ORNS OR CURRENT OWNER 2301 N GRAND AVE ROSWELL NM 88201 35 of 64 25 (VACANT) MICHELE WHITE OR CURRENT OWNER 2301 N GRAND AVE ROSWELL 88201 26 ALEXIS CHAIDEZ; ALBERTO CHAIDEZ & RITA CHAIDEZ 13 GRANITE CIR ROSWELL NM 88201 ALEXIS CHAIDEZ; ALBERTO CHAIDEZ & RITA CHAIDEZ 2301 N GRAND AVE ROSWELL 88201 27 WILLIAM A LE MASTERS 1204 MECHEM STE 11 RUIDOSO NM 88345 WILLIAM A LE MASTERS 112 E 23RD ST ROSWELL 88201 28 OTERO FEDERAL CREDIT UNION PO BOX 2800 ALAMOGORDO NM 88311-2800 OTERO FEDERAL CREDIT UNION ATT: OWNER OR MANAGER 2211 N MAIN ST ROSWELL 88201 29 ARC CAFEUSA001, LLC 5151 GLENWOOD AVE RALEIGH NC 27612 36 of 64 ARC CAFEUSA001, LLC OWNER OR MANAGER 2212 N MAIN ST ROSWELL 88201 30 HOMELAND HOSPITALITY LLC PO BOX 1270 WATSONVILLE CA 95077-1270 HOMELAND HOSPITALITY LLC OWNER OR MANAGER 2300 N MAIN ST ROSWELL 88201 31 1555 OF ROSWELL INC 2304 N MAIN ST ROSWELL NM 88201 1555 OF ROSWELL INC OWNER OR MANAGER 2304 N MAIN ST ROSWELL 88201 32 HOME DEPOT PROPERTY TAX DEPT #3510 PO BOX 105842 ATLANTA GA 30348-5842 HOME DEPOT OWNER OR MANAGER 2350 N MAIN ST ROSWELL 88201 37 of 64  EXHIBIT F (5 pages) DRAFT CONDITIONS OF APPROVAL ZONING CASE 22-034 CANN DREAMZ DISPENSARY 2303 N MAIN STREET, SUITE 102 General Conditions 1. Approval of Zoning Case 22-034 CANN is contingent upon City Council approval and adoption of the attendant Change of Zone, Conditional Use Permit, and Variance. Zoning Case 22-034 CANN hereby approves a 3,000 square foot indoor retail cannabis business, Dreamz Dispensary, located at 2303 N Main Street, Suite 201 in the City of Roswell, New Mexico. 2. If approved by the City Council, Zoning Case 22-034 CANN provides for the development and operation of the Dreamz Dispensary retail cannabis establishment, located at 2303, Suite 102 N Main Street, as an adult use (Recreational and Medical) Cannabis Retailer ONLY. The cultivation, processing, manufacture, and/or distribution of cannabis, or cannabis derived products, is not permitted at this location. Any request to expand operations beyond that which is permitted under Zoning Case 22-034 CANN, including, but not limited to cultivation, processing, manufacture, distribution, on-site consumption, and special events, deemed by Staff to not be within substantial conformance with this approval, will require an amendment to the approval of Zoning Case 22-034 CANN. 3. The owner and/or controlling interest shall procure a City of Roswell Operational Permit and an appropriate New Mexico State License from the Cannabis Control Division (CCD) prior to commencement of business activities. 4. Prior to commencement of operations, the owner/operator of Dreamz Dispensary shall provide evidence of compliance with the New Mexico Regulation and Licensing Department (NMRLD), Cannabis Control Division (CCD), Cannabis Retailer Applicant and Licensing Checklist. Pursuant to the Cannabis Retailer and Licensing Checklist, the owner/operator shall submit copies of the following to the Community Development Department for review: a. A Social and Economic Equity Plan b. Proof of Age for Every Controlling Person c. CHS Affidavit and DPS Background Check Authorization d. Premises Diagram Attestation e. Copy of Signed Certification and Attestation as required by the NMRLD/CCD. 38 of 64 5. Prior to commencement of operations, the owner/operator of Dreamz Dispensary shall submit copies of required plans and documents for verification of compliance with Sec. 27-67.B through J, inclusive of Chapter 27 of the Roswell Municipal Code to the Community Development Department. Operations shall not commence until such time as all required plans and/or documents, required under this Section, are reviewed, approved, and any required systems installed and ready for operation. 6. The Contractor for the Applicant shall secure building permits for all tenant improvements for the cannabis establishment through the City’s Building Division and the Fire Marshal’s office prior to the commencement of business activities. 7. In the event that new construction, including tenant improvements, is required, Zoning Case 22-034 CANN shall be valid for 34 months from the effective date of said City Council approval, unless the applicant requests an extension of time that is granted by the Planning and Zoning Commission. Issuance of building permits for new construction, tenant improvements, and pursuit of construction will serve to vest the interest in 22-034 CANN. 8. All construction documents for any new construction, including tenant improvements (if required), shall be in conformance with the floor plan designed in accordance with the Dreamz Dispensary establishment. 9. The retail cannabis establishment shall not result in the creation of any odors detectable from anywhere outside the existing building and/or property boundaries. The use of carbon filtration systems and other mitigation measures shall be used on all cannabis activities that cause such odors. 10. All plans, as shown, are considered “conceptual,” subject to revisions as called out by the conditions of this resolution. The plans shall not be stamp- approved until all conditions requesting revisions have been satisfied during the building plan check process. Any substantial changes to the plans, including changes shown on future building permit plans, deemed by Staff to not be within substantial conformance of this approval, will require an amendment to the approval of 22-034 CANN. 39 of 64 11. The project shall comply with all applicable codes, laws and regulations, regardless of whether they are listed in these conditions. This includes conformance with the requirements of the adopted I.E.B.C., or U.B.C., U.P.C., U.M.C., N.E.C., I.F.C, A.N.S.I, and I.E.C.C., including all requirements of the State of New Mexico, Roswell Police Department, the Roswell Fire Department and any requirements by any other agency having jurisdiction on the project. 12. The applicant shall defend, indemnify, and hold harmless the City of Roswell, its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City, its officials, officers, employees or agents to attack, set aside, void or annul any project approval or condition of approval of the city concerning this project, including, but not limited to any approval, condition of approval, or mitigation measure imposed by the City Council or Planning & Zoning Commission. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees and agents in the defense of the City Attorney, within five days of the effective date of this approval. 13. All plan submittals and permits are the responsibility of the owner/developer. This includes plan submittals to the City of Roswell, the City of Roswell Fire Department/Fire Marshal, or to other agencies for whom plan review and approval is required. 14. The applicant shall comply with the following items (if needed) prior to issuance of building permits: a) Submit detailed plumbing and mechanical plans; b) Submit a fixture count worksheet to determine additional loading to sewer; c) Submit a Source Control survey to determine impacts to sewer; d) Submit a Pollution Prevention Plan for nutrient storage room, SDS sheets required for all chemicals used onsite; e) To prevent debris from entering sewer, project must install strainers on all floor drains of at least 3/8” opening; f) Provide proof of water availability. Site Specific Conditions of Approval: 1. Hours of operation for the retail cannabis business shall generally conform to the hours of operation for other businesses in the vicinity. More specifically, the hours of operation shall be from 10 a.m. to 7 p.m. Monday through Saturday, and 11 a.m. to 5 p.m. on Sunday, unless otherwise authorized or restricted by the State of New Mexico or the City of Roswell. 40 of 64 2. Due to the proximity of incompatible uses (residential properties), the applicant shall be required to prepare and submit a Community Relations Plan and Neighborhood Responsibility Plan, pursuant to the requirements of Chapter 27, Sec. 27-54.H.2-3 to the Community Development Department for review. The required plans shall be developed and implemented within 90 days from the date of approval of Zoning Case 22-034 CANN. 3. Due to the proximity of incompatible uses, the Applicant will provide each business within a 300’ radius of the Cannabis Establishment, the Contact information for the applicant's designated primary contact person including the name, title, address, phone number, and email address of the individual. This individual shall be available in the event of an emergency 24 hours a day. The information will be sent out via First-Class mail to the surrounding businesses and residents within 30 days from the date of approval of Zoning Case 22-034 CANN. Evidence of the mailing shall also be provided to the Community Development Department. 4. Applicant will provide each Hospital, Emergency Room, and Urgent Care Center within a 3-mile radius of the Cannabis Establishment, the contact information of the applicant's designated primary contact person including the name, title, address, phone number, and email address of the individual. This individual shall be available in the event of an emergency 24 hours a day. The information will be provided to each Hospital, Emergency Room, and Urgent Care Center within 10 days from the date of approval of Zoning Case 22-034 CANN. Evidence of the contact will also be provided to the Community Development Department. 5. Applicant will provide each School (public, private or parochial) and Child Care Center within a 3-mile radius of the Cannabis Establishment, the contact information of the applicant's designated primary contact person including the name, title, address, phone number, and email address of the individual. This individual shall be available in the event of an emergency hours a day. The information will be provided to each School (public, private or parochial) and Child Care Center within 10 days from the date of approval of Zoning Case 22- 034 CANN. Evidence of the contact will also be provided to the Community Development Department. 6. Due to the proximity of incompatible uses, On-Site Consumption of Cannabis or Cannabis derived/infused products shall not be permitted at this location, unless a permit is issued by the City Manager pursuant to Chapter 27, Article 10, Section 27-131 of the Roswell City Code. 41 of 64 7. All transactions must take place within the secure area of the cannabis establishment. 8. Applicant shall make available, to any individual or organization requesting such information, educational information and other materials addressing the Medical, Social, and Educational concerns related to cannabis use by children, pre-teens, and teenagers. This information shall be made available on the cannabis establishment’s website (electronic download) as well as in hard-copy (printed) formats. 42 of 64  EXHIBIT G: NM VICE-RETAILER LICENSE This digital copy of your license is to be used for limited purposes only and does not replace the official license issued and mailed by the New Mexico Regulation and Licensing Department. This digital copy may be used for insurance credentialing or for other limited purposes when an official license is not available. This digital copy should not be used for public display, except for temporary purposes, if the license is required to be displayed at the licensee’s primary place of business. Additional copies or replacements of an official license may be ordered for a fee online through the licensing portal. State of New Mexico Regulation & Licensing Department Cannabis Control Division HEREBY CERTIFIES THAT FCI of New Mexico HAVING GIVEN SATISFACTORY EVIDENCE OF THE LICENSING REQUIREMENTS PRESCRIBED BY LAW IS GRANTED A LICENSE TO OPERATE IN THE STATE OF NEW MEXICO AS A VICE-Retailer License No. Issued 04/05/2022 Expires 04/01/2023 CCD-VICE-2022-0023-RTLR-012 THIS LICENSE SHOULD BE CONSPICUOUSLY POSTED IN PLACE OF BUSINESS OR AS REQUIRED BY LAW 43 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 1 OF 13 Dreamz Dispensary Contact: Cody Fisher 918-938-9303 dreamzcannabis.com cody@dreamzcannabis.com Patricia Mattioli pmattioli5900@gmail.com weeds.team.com 44 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 2 OF 13 City of Roswell Community Development 425 N. Richardson Ave Roswell, NM 88203 August 10, 2022 RE: Variance Letter of Justification Dear Sirs, Dreamz is respectfully requesting a zoning variance to open a medical and adult use cannabis dispensary at 2303 N Main ST. Roswell ordinance Section 27-65-A2 states that: No Cannabis related business shall be permitted: within 300 feet of any residential district measured from exterior property line to external property line. This includes the following residential zones: R-S; R-L; R-VL; R-1; R-2; R-3; R-4 Dreamz is requesting a variance for the benefit of medical and adult use cannabis users and to create eighteen jobs within the City limits. Approval of this variance will provide medical and adult use cannabis users with an increased supply of various cannabis and cannabis related products. The increased supply will be reflected in the price of these products to customers. The more supply, the more competitive dispensaries will be with their pricing models. This will benefit Roswell residents who purchase cannabis for medical or adult use purpose, by maintaining affordable cannabis and cannabis related products. It will also provide medical use patients an increased number of products that will be of benefit to the underlying medical conditions as qualified under the State of New Mexico guidelines. Dreamz Dispensary will create eighteen job opportunities for Roswell residents with the approval of this variance. The annual salary range will be from $31,000 to over $40,000. These jobs will add over $550,000 per year in salary within the City. There will be additional indirect economic benefit to non-cannabis related businesses in Roswell including retail stores, restaurants, fast food establishments, gas stations etc. that comes from fifteen additional people working outside of the home. Again, Dreamz Dispensary respectfully requests approval of this variance. The benefits are significant. Cody Fisher 918-938-9303 45 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 3 OF 13 Facility Information Name: Dreamz Dispensary Contact: Cody Fisher cody@dreamzcannabis.com 918-938-9303 Physical Address: 2303 N. Main ST. Roswell, New Mexico 88203 Mailing Address: 4275 Kellway Circle. Suite 132. Addison, Texas 75001 Description of Facilty: State Licensed Cannabis Facility Emergency Contact: Cody Fisher cody@dreamzcannabis.com 918-938-9303 46 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 4 OF 13 Introduction In 2018, John and Cody Fisher saw an and entry point in the CBD industry and moved quickly. Opening several stores throughout Texas within months of the Farm Bill (December 22, 2018) being signed into law, their business acumen quickly earned them a strong position in the market. Instead of following other business models strictly dedicated to a pricing model, they decided that the focus of their CBD locations would be on educating the public, community awareness and raising the industry standards for quality control, third-party-lab-testing, and fair pricing on great products. Consequently, their staff is extremely knowledgeable about CBD strains and the potential health benefits that CBD and other cannabinoids may have. John and Cody’s commitment to running a transparent, ethical business has moved them to the forefront of the industry and is keeping them leaders in a fast- moving, ever-changing environment. They have now carried this successful business model over to New Mexico’s medical and recreational cannabis industry. FCI DBA Dreamz currently have a large cultivation facility in Deming, NM and six dispensaries operating throughout the State of New Mexico. FCI DBA Dreamz is focusing on providing New Mexico customers with knowledge to empower them to make informed decisions about which cannabis products and how they may work best for them. Mission Statement Dreamz Dispensary is an ongoing collaboration between Dreamz and the customer, whether adult use or patient. We learn not just about emerging products, but also our customers, so that we can better serve their needs. With multiple locations, multiple ways to shop and an educated staff, it is always our foremost hope that the customer will be able to have the best experience. We believe we can change the conversation around cannabis by promoting the positive and healthy lifestyle of responsible consumers. Dreamz has strived to have this mentality every step of the way since we opened the very first location in Texas. This has contributed to our growth and success greatly. We seek innovative products that are higher quality and more specific to the variety of goals patients/customers have when they consume cannabis products. Dreamz also prioritizes innovating the store experience, offering more ways to shop. We believe our quality products and the collective knowledge of our team members can help our communities and partners. Our purpose is to nurture and inspire natural well-being. We craft and sell products that help embody simplicity and optimism. Our cannabis products exceed the industry standards of quality. We produce carefully extracted, pesticide-free, and non-genetically modified (non- GMO) items. We have a continued commitment to the health of the communities surrounding our locations. 47 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 5 OF 13 Our Culture & Core Values We believe in “360-Learning” to help everyone grow in ways that enhance our individual and collective expertise. This means that we are always learning with - gratitude - from each other, regardless of position, age, experience, background, or education. We thrive on maintaining a positive work environment that encourages new ideas and curiosity; sharing industry trends and brainstorming innovative ways to improve the customer experience and contribute to the profitability of our business. Dreamz Community Engagement Plan 1. Dreamz Dispensary is aligning their community efforts with the City of Roswell. Dreamz’ goal is to hire locals in need of employment opportunities which includes but not limited to veterans, and residents who are disenfranchised or have fallen on hard times. Dreamz believes there are many Roswell citizens that possess the skills their company needs and are currently overlooked. 2. Dreamz Dispensary is making a conscious effort to protect the environment throughout the State of NM. When available Dreamz will be purchasing recycled materials and recycling their owned used materials. In order to attract like-minded customers the social media and other forms of advertising will state they are an environmentally friendly business. A component of the hiring process is a discussion of environmentally conscious employees. 3. Dreamz Dispensary will become a representative of the Roswell community. The community benefits will include economic growth, creating job opportunities and lessen environmental impact. Money spent at the Dreamz Dispensary will circulate back into the community by ways of advertising, purchasing products and eating at local restaurants. Dreamz will also participate in community events and charities. 48 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 6 OF 13 FCI OF NM DBA Dreamz Social and Economic Equity Plan FCI of New Mexico DBA Dreamz understands and values the importance of having a positive impact on our community, the State of New Mexico, and our neighbors. We will work to fortify relationships to benefit individuals and their families including and not limited to people of color, veterans, low-income residents, seniors, and people who have been unfairly impacted by the war on drugs. Controlling Persons: John Fisher 10327 S Harvey Ave Oklahoma City, OK DOB: 12/07/1970 (50) RACE: White, Native American ETHNICITY: Non-Hispanic SEX: Male EMPLOYMENT DIVERSITY We believe in equitable talent acquisition and retention and support diversity in the workplace. Our hiring practices have been implemented to be intentional about drawing from a diverse pool of qualified applicants that represent the composition of the communities in which we operate. We will work to establish relationships with groups that are diversity-focused for the purposes of networking with their constituencies for employment purposes and providing information on employment opportunities. Within 12 months of beginning licensed operations: Participate in at least two community job hiring fairs hosted primarily in communities of color, to include but not limited to: 1. New Mexico Department of Workforce Solutions Job Fair 2. Roswell-Chavez County Economic Development Corporation Job Fair Within 1 year of beginning licensed operations: 1. Dreamz Dispensary will strive to donate $1000 to a scholarship program at a New Mexico institution of higher education providing a program for low-income or minority students, so long as that program provides a pathway to employment in an underrepresented job in the cannabis field, as identified by the Cannabis Control Division’s annual equity report. 49 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 7 OF 13 PURCHASING DIVERSITY In addition, wherever possible, we are building relationships with diverse suppliers who are helping us build a successful company and who will help strengthen our supply chain. Where possible, our company will seek out small business vendors who are minority-owned. To achieve this goal, we will: Within 6 months of beginning licensed operations: Participate in and join at least two of these chambers of commerce working towards minority participation in cannabis and business-in-general: a. The New Mexico Cannabis Chamber of Commerce b. Roswell Chamber of Commerce On an annual basis, our company will: Conduct a review of our vendors with whom we do $10,000 or more of business annually to: 1. Identify, where possible, whether they are local and/or minority-owned 2. If a local and/or minority-owned business provides the same service at a comparable price 3. Recruit identified local and/or minority businesses to bid for those services COMMITMENT TO CRIMINAL JUSTICE REFORM IN DRUG POLICY Our company remains dedicated to criminal justice reform with regards to record expungement and harm caused by the war on drugs, especially to certain communities. Wherever possible we will conduct and participate in education efforts around record expungement. Expungement is important as it typically leads to higher earnings and lower recidivism rates. This provides a positive benefit to communities that have been impacted at a higher rate. Our company will implement a hiring policy, consistent with NMAC employee licensing requirements, prohibiting discrimination in hiring based on prior criminal convictions solely involving cannabis offenses. DUTY TO REPORT Our company will promptly reply with all division requirements for reporting to meet the division’s mandate to produce an annual equity report. 50 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 8 OF 13 Odor and Air Quality Mitigation Plan Dreamz Dispensary will take active measures to eliminate any cannabis odor that may potentially disturb local businesses and residents. There are several best practices that we can install in our retail location to ensure there is no threat to our employees or customers or nearby businesses. Our air filtration system will prevent inside odors from being leaked to the outside. Any high level of odor that is detected will be immediately inspected and dealt with at that time. Any abnormalities to the HVAC system or door seals will be reported to management. Dreamz will limit the number of trips between odor emitting areas to reduce the transfer of unfiltered air between spaces. Our products are pre-packaged away from the point of sale which minimizes the odor in the air. 51 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 9 OF 13 Employee Compliance Training Dreamz Dispensary provides ongoing compliance training to all individuals hired in its facility. All employees of Dreamz Dispensary understand the rules, laws, security measures, and operating procedures. Dreamz created their Standard Operating Procedure (SOP) manual to provide specific directions and instructions as to how employees in the organization go about following all processes. The SOPs train and hold accountable employees to receive orders, count and place products into inventory, ensure security and sufficient recordkeeping in all processes. Dreamz Dispensary Employee Handbook will provide the basis for this training. The training for each position will be provided by management. Employees will also receive weekly updates during mandatory staff meetings. Management will assist employees in understanding their SOPs and Employee Handbooks. Dreamz has contracted with Weeds.Team to regularly update the SOP’S to remain in compliance with the State of New Mexico regulations and the Roswell cannabis codes. SOP training includes the following components: Receiving Inventory and inventory control Chain of Custody, handling products Handling, Storage and Recordkeeping Facility Cleaning and Maintenance including waste disposal Opening and Closing Procedures including Facility Cleaning and Maintenance including waste disposal Authorizing visitors and vendors Customer Intake which includes valid ID and medical card if customer is enrolled Assisting Customers Processing Transactions Shift Change 52 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 10 OF 13 Workplace Safety The personal safety and health of each employee of Dreamz Dispensaries is of primary importance. The policy of this company is always to maintain a safe and healthy working environment. This includes implementing policies and procedures to follow in case of an emergency, such as a robbery, medical emergency, or a fire. The prevention of work-related injuries and illnesses is also a management priority and will be given precedence in all operational matters. Dreamz Dispensaries mandates, through policies and procedures, compliance with Occupational Safety and Health Administration (OSHA) regulations as well as state and local safety requirements. Dreamz Dispensaries does not knowingly allow unsafe conditions to exist or permit employees to participate in unsafe activities. Fire Safety If a fire is small and contained, employees can attempt to extinguish the flames with one of the fire extinguishers located throughout the front desk. Employees are not expected to place themselves in harm to put out a fire. Employees are directed to call 911 immediately and evacuate the building then wait for firefighters to arrive and provide as much information as they request. Once outside the building and safe, employees must notify the Director of Operations. Robbery In case of robbery and a demand of money or any products, it doesn’t matter if they have a weapon, imply that they do, or use the threat of violence. Employees are instructed to give them what they want. One Dreamz employee in the Dispensary Facility always wears a silent panic alarm. That employee will activate the alarm if it is safe to do so without being detected. Following the robbery the employees are instructed to lock the door and call 911. Give the dispatcher a thorough description of the robber if possible, then notify the Director of Operations or Security Manager. 53 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 11 OF 13 Continuing Education Dreamz Dispensary will ensure its employees learn and receive up-to-date education on laws, including, but not limited to, prohibitions of sales to minors, acceptable forms of identification, driving while under the influence, cannabis use in public, and customer privacy issues. Dreamz has partnered with Weeds.Team to provide monthly site visits to the facility to conduct inspections using the same standards CCD, NMED, OSHA and other agencies use when they come to the facility. These walkthroughs will ensure that in-house staff are keeping up with ever-changing requirements and able to answer required compliance questions from regulators. Dreamz management will receive a report of any non-compliant issues and recommended plans for compliance. 54 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 12 OF 13 Security Plan for Dreamz Roswell Store Security protocols Dreamz Dispensaries have in place in operating locations will be implemented to maintain a safe environment at the Roswell location as well. These protocols are designed to provide a safe environment for customers, employees, and surrounding areas The premises will be continuously monitored with an alarm system supplied by Simplisafe, that will automatically alert law enforcement in the event of an incident or system failure. This system will fully cover all entrances and exits. This includes all windows and doors in each individual rooms. All windows will have glass break sensors. Motion protectors will identify any unauthorized people in the dispensary after closing. Operations at the premises will be suspended in the event of a security system failure until the system is restored to functional operation. Video Surveillance CCTV The premises will be monitored by a digital video surveillance system. This will provide high quality resolution, 1280 x 720 pixels, to provide clear identification persons and activities in the monitored rooms of the premises including all point-of-sale locations. Internet back up will be off-site. • The digital video surveillance system will record continuously 24 hours per day (or be motion-activated) and securely store video surveillance recordings. This system is viewed through remote access • The entire inside of the facility and all perimeter entry and exit points to the premises will be monitored and have lighting sufficient for cameras to record any activity, including the parking lot. • Each cash register will be monitored • Vaults and areas where product is being stored will be monitored. • The alarm company will contact law enforcement, security company and the designated store manager if activated. In the case of activation during operating hours the zone will be identified and either it will be investigated or cancelled. False alarms are determined by store manager and if maintenance is needed the repair will take place immediately. • Our employee handbook requires all new employees to be well informed and trained on the dispensary security policies and updates will be issued as needed. 55 of 64  EXHIBIT H: 22-034 CANN VARIANCE REQUEST LETTER, BUSINESS, OPERATIONS, SAFETY & SECURITY PLAN PAGE 13 OF 13 Locks The site will be secured using commercial-grade locks on all points of entry and exit to the premises and any vicinity where cash and cannabis products are stored. Cash and cannabis products will be stored in a vault. All employees will be issued a laminated identification badge. All persons entering the building as customers will be required to show a photo ID. Visitors and Vendors Vendor access includes scheduling an appointment, wearing a visitors badge, logging in and out time, and being escorted while on the property. Visitors access includes scheduling an appointment, wearing a visitors badge, logging in and out time, and being escorted while on the property. Visitors are not permitted to take photographs or videos without permission. Deliveries require a specific location and must be done under camera surveillance. The delivery door will remained locked at all times except to accept a delivery. Delivery personal is not permitted to access any area. 56 of 64  DREAMZ DISPENSARY EXHIBIT I: 22-034 CANN CIVIL SITE PLAN 57 of 64 EXHIBIT J: 22-034 CANN - CERTIFICATE OF ORGANIZATION 58 of 64  EXHIBIT K: 22-022 CANN - DISTANCE MAPS FROM 2303 N MAIN STREET PAGE 1 OF 6 DISTANCE TO RESIDENTIAL DISTRICT (Lot-to-Lot) 0-Feet NEAREST RESIDENTIAL ZONE SITE PLAN LICENSEE: DREAMZ DISPENSARY ADDRESS: 2303 N MAIN ST, ROSWELL, NM 59 of 64  EXHIBIT K: 22-022 CANN - DISTANCE MAPS FROM 2303 N MAIN STREET PAGE 2 OF 6 DISTANCE TO MEDICAL FACILITY Lovelace Regional Hospital 117 E 19TH ST Roswell 88201 Distance: 893 Feet DISTANCE TO MEDICAL FACILITY Eastern New Mexico Medical Center 405 W Country Club Road, Roswell 88201 Distance: 1774 Feet NEAREST MEDICAL FACILITIES SITE PLAN LICENSEE: DREAMZ DISPENSARY ADDRESS: 2303 N MAIN ST, ROSWELL, NM 60 of 64  EXHIBIT K: 22-022 CANN - DISTANCE MAPS FROM 2303 N MAIN STREET PAGE 3 OF 6 UltraHealth Dispensary 2800 N Main St Distance: 2519 Feet R Greenleaf Dispensary 4311 N Main St Suite B Distance: 10668 Feet NEAREST DISPENSARIES MAP SITE PLAN LICENSEE: DREAMZ DISPENSARY ADDRESS: 2303 N MAIN ST, ROSWELL, NM 61 of 64  EXHIBIT K: 22-022 CANN - DISTANCE MAPS FROM 2303 N MAIN STREET PAGE 4 OF 6 Bryan's Green Care 3108 N Main St Distance: 5207 Feet NEAREST DISPENSARIES MAP SITE PLAN LICENSEE: DREAMZ DISPENSARY ADDRESS: 2303 N MAIN ST, ROSWELL, NM 62 of 64  EXHIBIT K: 22-022 CANN - DISTANCE MAPS FROM 2303 N MAIN STREET PAGE 5OF 6 Pecos Valley Dispensary 313 W Country Club Rd #10 Distance: 1658 Feet Oso Cannabis Dispensary 117 W Walnut St. Distance: 10608 Feet NEAREST DISPENSARIES MAP SITE PLAN LICENSEE: DREAMZ DISPENSARY ADDRESS: 2303 N MAIN ST, ROSWELL, NM 63 of 64  EXHIBIT K: 22-022 CANN - DISTANCE MAPS FROM 2303 N MAIN STREET PAGE 6 OF 6 PureLife Dispensary 323-325 S Main St Distance: 10623 Feet SWOP 610 W 2nd St Distance: 9607 Feet NEAREST DISPENSARIES MAP SITE PLAN LICENSEE: DREAMZ DISPENSARY ADDRESS: 2303 N MAIN ST, ROSWELL, NM 64 of 64