Planning & Zoning Commission

P&Z REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, December 20, 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 Miguel Martinez, CZO 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 Absent Staff Members Present: Kevin Maevers, AICP, CZO, Community Development Director Merideth Hildreth, AICP, Planning and Zoning Administrator Miguel Martinez, CZO, Associate Planner Audience Members Present: Freddy Nasrallah, Leonard Salgado, Guy Tipton, Linda Kaiser. C. SWEARING IN: Steve Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Consider approval of the December 20, 2022 Planning & Zoning Commission meeting agenda. Commissioner Henderson MOTIONED to approve the Tuesday, December 20, 2022 Planning & Zoning Commission agenda as presented. SECONDED by Commissioner McDaniel. A voice vote was as follows: 1  David Storey-yes, Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, James MacCornack- yes, Steve Henderson- yes, and the motion passed 6 - 0 with Richard Gutierrez being absent. E. APPROVAL OF MINUTES: Consider approval of the November 29, 2022 Planning & Zoning Commission meeting minutes. Commissioner Aguilar MOTIONED to approve the minutes of the November 29, 2022 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, James MacCornack-yes, Steve Henderson-yes, and the motion passed 4-0 with Richard Gutierrez being absent and Jana Lessard and Jesse McDaniel not voting due to absence at November 29, 2022 meeting. F. PUBLIC HEARING ITEMS: 1. CASE 22-039 CANN: Request for approval of a Zone Change to CCAN, and Conditional Use Permit to build and operate a new retail cannabis establishment with ancillary facility located at 3500 S Main Street. Subd: NASRALLAH SUMMARY REPLAT Lot: 2 S: 17 T: 11S R: 24E DOC# 202000170 WD (Applicant: Freddy Nasrallah, Great White LLC). Chair Storey introduced Case 22-039 CANN Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 22-039 CANN. SECONDED by Commissioner MacCornack. A voice vote was as follows: David Storey-yes, Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, James MacCornack- yes, Steve Henderson- yes, and the motion passed 6 - 0 with Richard Gutierrez being absent. Mr. Kevin Maevers: Presented Case 22-039 CANN This is a brand new ground-up fully designed facility for cannabis at 3500 S Main Street. This case is for a zone change to CCAN and Conditional Use Permit. This application meets setback requirements and distance requirements. There is no variance associated with this application. Hangar 84 will be a uniquely designed facility with a UFO octagonal-shaped retail establishment with an ancillary building for processing, production, and packaging of proprietary cannabis. Smith Engineering produced the site plan. This site is south of the Coca Cola distribution facility. The zoning map shows the Hangar 84 site totally within the C-2 zoning district. No residential zones are located within 300 feet of this site. Mr. Nasrallah and Great White, LLC has a retail cannabis license and a cannabis manufacturing license to perform minor production and manufacturing. Mr. Nasrallah will produce the company’s own proprietary product in the ancillary building that will be sold in the on-site retail facility only. No cultivation will take place at this facility. Mr. Nasrallah has a grow facility approved in Chaves County. The City Engineer is requiring the developer to provide a median cut on Main Street for site ingress and egress for full turning movements. 2 Chair Storey: Is there anyone wishing to speak in favor of Case 22-039 CANN? In Favor: Freddy Nasrallah Chair Storey: Is there anyone wishing to speak against Case 22-039 CANN? Commissioner Henderson swore in two of the two audience members. Against: Guy Tipton, Owner of NuMex Plastics at 3505 S Main Street across the street from the site under consideration. Mr. Tipton objected to the retail location because of zero pedestrian access. There are no sidewalks on the west side of the highway where cars travel extremely fast and where several accidents have occurred. Chair Storey asked Mr. Tipton if he is against the business itself or against the possibility of the median cut and traffic. Mr. Guy Tipton is not opposed to the median cut, but does not believe a traffic study has been performed for the four lanes of traffic. There are no traffic controls in the area. There is no sidewalk on the west side of the road and no crosswalks. The bike path is on the east side of the road. There are no retail establishments between Poe and Brasher. Kevin Maevers offered to schedule an appointment with Mr. Tipton and the City Engineer to discuss Mr. Tipton’s concerns. Chair Storey: This case will be forward to City Council. Mrs. Linda Kaiser raised additional issues of vandalism, and homeless people living in the area, and the number of pedestrians in the area, and the fast moving vehicular traffic. Motion – 22-039 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 MOTIONED to recommend approval of Zoning Case 22-039 CANN to the City Council, which includes a Zone Change to CCAN and a Conditional Use Permit with Conditions of Approval in Exhibit F. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, James MacCornack- yes, Steve Henderson- yes, and the motion passed 6 - 0 with Richard Gutierrez being absent. 3 2. CASE 22-040 CANN: Request for approval of a Zone Change to CCAN, and Conditional Use Permit to operate a new retail cannabis establishment located at 737 N Main Street. Subd: BUFFALO WILD WINGS SUBDIVISION Tract: 2 Quarter: SW S: 33 T: 10S R: 24E BK 753 PG 1428 SWD. (Applicant: Clinton Greathouse, Pecos Valley Production). Chair Storey introduced Case 22-040 CANN Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 22-040 CANN. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, James MacCornack- yes, Steve Henderson- yes, and the motion passed 6 - 0 with Richard Gutierrez being absent. Mr. Kevin Maevers: Presented Case 22-040 CANN This is an adaptive reuse of an existing building recently vacated by a franchise restaurant (A&W) due to closure. This is a request for a zone change to CCAN and Conditional Use Permit to operate a new retail cannabis establishment at 737 N Main. No variance is required as the application meets setbacks, distance requirements, and guidelines of the ordinance. Pecos Valley Production is the applicant, and the company has an existing retail cannabis establishment on West County Club Road. The zoning map shows this site is in the C-2 Zoning District and surrounded by C-2 and I-1. The Planning & Zoning Commission recommendation will be forwarded to City Council. Chair Storey: Is there anyone wishing to speak in favor of Case 22-040 CANN? In Favor: Leonard Salgado, Director for Business Development and Expansion for Pecos Valley Production and spoke about the establishment’s security protocols. Chair Storey: Is there anyone wishing to speak against Case 22-040 CANN? Against: None Motion – 22-040 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 MOTIONED to recommend approval of Zoning Case 22-040 CANN to the City Council, which includes a Zone Change to CCAN and a Conditional Use Permit with Conditions of Approval in Exhibit F. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, James MacCornack- yes, Steve Henderson- yes, and the motion passed 6 - 0 with Richard Gutierrez being absent. 4 G. OTHER BUSINESS H. PUBLIC COMMENTS I. ANNOUNCEMENTS Kevin Maevers: Next month there may be two variance cases to modify hours for cannabis operators. City Council established standardized hours for all Cannabis operators. Mr. Maevers thanked the Commissioners for their service this year. J. ADJOURN Chair Storey adjourned the meeting at 6:49 p.m. 5