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Planning & Zoning Commission

Regular Meeting

Roswell, NM · January 24, 2023

AgendaMinutes

Minutes

P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, January 24, 2023 - 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 23-01. A. CALL TO ORDER AND WELCOME – Vice Chair James MacCornack Vice Chair MacCornack called to order the regular meeting of the Planning & Zoning Commission at approximately 6:00 p.m. B. ROLL-CALL David Storey Absent 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 Miguel Martinez, CZO, Associate Planner Louis Najar, P.E., City Engineer Audience Members Present: Cody Fisher with Dreamz Dispensary. C. SWEARING IN: Steve Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Consider app roval of the January 24 , 2023 Planning & Zoning Commission meeting agenda. Commissioner Lessard MOTIONED to approve the Tuesday, January 24 , 2023 Planning & Zoning Commission agenda as presented . SECONDED by Commissioner McDaniel . A voice vote was as follows: Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, James MacCornack - yes, and the motion passed 6 - 0 with David Storey being absent. E. APPROVAL OF MINUTES: 1 Consider approval of the December 20, 2022 Planning & Zoning Commission meeting minutes. Commissioner Aguilar MOTIONED to approve the minutes of the December 20, 2022 Planning & Zoning Commission meeting as presented. SECONDED by Commissio ner McDaniel . A voice vote was as follows: Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, James MacCornack - yes, and the motion passed 6 - 0 with David Storey being absent. F. PUBLIC HEARING ITEMS: 1. CASE 23-001 VAR: Request for approval of a Variance to the authorized and established hours of operation of an adult use retail cannabis establishment (recreational and medical) at 2303 N Main Street, Suites 101 & 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). Vice Chair MacCornack introduced Case 23-001 VAR Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations for case 23-001 VAR . SECONDED by Commissioner Lessard . A voice vote was as follows: Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, James MacCornack - yes, and the motion passed 6 - 0 with David Storey being absent. Mr. Kevin Maevers : Presented Case 23-001 VAR, a request by Dreamz Dispensary for a variance to extend the operating hours for an existing adult use recreational and medical cannabis at 2303 N Main Street, Suites 101 & 102 in Kass Plaza. The current hours of operation are Monday thru Saturday 10 AM to 7 PM and Sunday 11 AM to 5 PM as specified in the Conditions of Approval for each retail cannabis establishment. Dreamz Dispensary is requesting Sunday thru Saturday 10 AM to 10 PM hours of operation. Mr. Cody Fisher is here this evening and provided a Letter of Justification located in the Planning & Zoning Commission packet. The Planning & Zoning Commission’s determination will be forwarded to City Council. This is purely a determination of hours of operation and how the decision will impact the surrounding neighborhood. The Commission’s goal is to look at this one location and determine if extension of hours is appropriate for this location. Vice Chair MacCornack : Is there anyone wishing to speak in favor of Case 23-001 VAR? In Favor: Cody Fisher with Dreamz Dispensary. Dreamz Dispensary is in 13 cities and Roswell has the most restrictive hours. The limited mid-day hours is a hardship on people who need these products and work during the day and longer shifts. The dispensary has been opened about three months and has had no issues with crime. Extended hours will allow the dispensary to better serve their clients. Regarding public safety, many studies show that when cannabis access opens up, alcohol and opioid abuse goes down. The dispensary is asking to be treated like any other tax paying business in the city and be open when patients need the dispensary to be open. The cannabis industry questions why there are more restrictions than for alcohol, tobacco, and opioids. Eight Dreamz Dispensaries in New Mexico are open 10 AM to 10 PM and the ninth one closes at 9 PM. Commissioner Discussion: 2 Commissioner Lessard recommended sending this to City Council without a recommendation since City Council set the hours. Vice Chair MacCornack agreed that since City Council set the rule that City Council should decide to enforce it, keep it, or change it. Vice Chair MacCornack : Is there anyone wishing to speak against Case 23-001 VAR? None Motion – 23-001 VAR Based on the land use and zoning considerations, findings of fact , surrounding land uses, regulations established in the Zoning Ordinance and Chapter 27 of the Municipal Code, and testimony received this evening, Commissioner Lessard MOTIONED to recommend forwarding Zoning C ase 23-001 VAR to City Council with no recommendation . SECONDED by Commissioner McDaniel . A voice vote was as follows: Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, James MacCornack - yes, and the motion passed 6 - 0 with David Storey being absent. G. OTHER BUSINESS 1. DISCUSSION ON ZONING ORDINANCE TEXT AMENDMENTS Mr. Maevers stated that City Council has requested Staff slow down on submitting text amendments and obtain more input from the public before submitting proposed amendments to the Planning & Zoning Commission, Legal Committee, and City Council. Staff is holding a couple of outreach sessions in January. Staff is currently working on a Fugitive Dust Ordinance, amendments to the Zoning and Development Code, and fee amendments. H. PUBLIC COMMENTS None I. ANNOUNCEMENTS None J. ADJOURN Vice Chair MacCornack adjourned the meeting at 6:26 p.m. 3

Agenda

City of Roswell Planning & Zoning Commission Agenda Tuesday, January 24, 2023 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 Associate Planner; Miguel Martinez, CZO City Engineer; Louis Najar, P.E. A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda: January 24, 2023 Agenda E. Approval of Minutes: December 20, 2022 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 23-001 VAR: Request for approval of a Variance to the authorized and established hours of operation of an adult use retail cannabis establishment (recreational and medical) at 2303 N Main Street, Suites 101 & 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 ON ZONING ORDINANCE TEXT AMENDMENTS 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 23-01. 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. 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. Printed and posted: January 18, 2023 1 1 of 25 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, January 24, 2023 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 25 P&Z DRAFT 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. 1 3 of 25 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: 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 2 4 of 25 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. 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 5 of 25 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 6 of 25 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 7 of 25 AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 23-001 VAR City of Roswell Planning & Zoning Commission Agenda Tuesday, January 24, 2023 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 23-001 VAR a request for approval of a Variance to the authorized and established hours of operation of an adult use retail cannabis establishment (recreational and medical) at 2303 N Main Street, Suites 101 & 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 requires Planning & Zoning Commission review. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and recommend (approval or denial) Zoning Case 23-001 VAR to the City Council. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Ordinances pertaining to Cannabis, Findings of Fact, and materials provided, the Planning & Zoning Commission is requested to review and introduce motions pertaining to Zoning Case 23-001 VAR at the January 24, 2023 Planning & Zoning Commission meeting. 8 of 25 EXHIBIT A 23-001 VAR APPLICATION - DREAMZ DISPENSARY 23-001 VAR 1.24.2023 x x x CCAN N MAIN STREET x x 9 of 25 EXHIBIT B STAFF SUMMARY FOR CASE: 23-001 VAR REQUEST FOR VARIANCE TO HOURS OF OPERATION FOR A RETAIL CANNABIS ESTABLISHMENT Roswell Planning & Zoning Commission Tuesday, January 24, 2023 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 23-001 VAR: Request for approval of a Variance to the authorized and established hours of operation of an adult use retail cannabis establishment (recreational and medical). 1. Property Under Consideration: Property Address: 2303 N Main Street, Suites101 & 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: 8,966.4 square feet tenant floor space on 1.243 acre developed commercial site 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 10 of 25 PAGE 1 of 5 EXHIBIT B STAFF SUMMARY FOR CASE: 23-001 VAR REQUEST FOR VARIANCE TO HOURS OF OPERATION FOR A RETAIL CANNABIS ESTABLISHMENT Maps for 23-001 VAR Chaves County Assessor’s Map City of Roswell Zoning Map 11 of 25 PAGE 2 of 5 EXHIBIT B STAFF SUMMARY FOR CASE: 23-001 VAR REQUEST FOR VARIANCE TO HOURS OF OPERATION FOR A RETAIL CANNABIS ESTABLISHMENT III. Intent of Petition: The Applicant is requesting approval of a Variance to modify the authorized and established hours of operation of an adult use retail cannabis establishment (recreational and medical). IV. Planning & Zoning Commission Considerations from Staff Review: Background Information FCI of New Mexico LLC d/b/a Dreamz Dispensary is a retail cannabis establishment operating in an existing tenant space Kass Plaza at 2303 N Main Street. 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. On September 27, 2022, City of Roswell Planning & Zoning Commission recommended approval of 22-034 CANN to City Council with a vote of 6 to 1. On October 13, 2022, City Council approved the zoning case 7 to 2. CASE 22- 034 CANN was a 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) Variance Request Dreamz Dispensary is requesting a Variance to extend operating hours beyond those currently Authorized by City Council for retail cannabis establishment operating hours. City Council authorized the following hours of operation for all retail cannabis establishments: Monday – Saturday 10 AM to 7 PM Sunday 11 AM to 5 PM. Dreamz Dispensary is requesting an extension of operating hours: Sunday – Saturday from 10 AM to 10 PM. See Exhibit F: Dreamz Dispensary Letter of Justification. 12 of 25 PAGE 3 of 5 EXHIBIT B STAFF SUMMARY FOR CASE: 23-001 VAR REQUEST FOR VARIANCE TO HOURS OF OPERATION FOR A RETAIL CANNABIS ESTABLISHMENT Staff Photo: Kass Plaza at 2303 N Main Street. Dreamz Dispensary leases Suites 101 & 102. 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. 13 of 25 PAGE 4 of 5 EXHIBIT B STAFF SUMMARY FOR CASE: 23-001 VAR REQUEST FOR VARIANCE TO HOURS OF OPERATION FOR A RETAIL CANNABIS ESTABLISHMENT 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 23-001 VAR a variance for hours of operation. 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 23-001 VAR. 14 of 25 PAGE 5 of 5 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS OF ZONING CASE 23-001 VAR LETTER SENT VIA CERTIFIED MAIL ON JANUARY 6, 2023 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 23-001 VAR 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 23-001 VAR. 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 23-001 VAR: Request for approval of a Variance to the authorized and established hours of operation of an adult use retail cannabis establishment at 2303 N Main Street, Suites 101 & 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, JANUARY 24, 2023 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, January 20, 2023, 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 (Area Map on Reverse Side ) 15 of 25 EXHIBIT D: CASE 23-001 VAR Request: Request for approval of a Variance to the authorized and established hours of operation for 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, Suites 101 & 102 (Dreamz Dispensary) NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 16 of 25 EXHIBIT E: 23-001 VAR– 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 1 17 of 25 EXHIBIT E: 23-001 VAR– NOTIFICATION AREA ADDRESSES 11 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 HUBBARD AND SONS INVESTMENT LLC PO BOX 3415 ROSWELL NM 88202 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 APT B ROSWELL NM 88201 15, 16, 17, 18 MICHAEL F LAWSON 3200 W COLLEGE BLVD ROSWELL NM 88201 15 MICHAEL F LAWSON OR CURRENT OWNER 2312 N GRAND AVE APT A ROSWELL NM 88201 2 18 of 25 EXHIBIT E: 23-001 VAR– NOTIFICATION AREA ADDRESSES 16 MICHAEL F LAWSON OR CURRENT OWNER 2312 N GRAND AVE APT B ROSWELL 88201 17 MICHAEL F LAWSON OR CURRENT OWNER 2310 N GRAND AVE APT B ROSWELL NM 88201 18 MICHAEL F LAWSON OR CURRENT OWNER 2310 N GRAND AVE APT A ROSWELL NM 88201 19 & 21 FRANCIS COX ESTATE 207 N WASHINGTON AVE ROSWELL NM 88201 19 FRANCIS COX ESTATE OR CURRENT OWNER 2308 N GRAND AVE APT B ROSWELL 88201 20 & 22 FAMILY SHARE OF THE COX LIVING TRUST 1 MERCEDES CT ROSWELL NM 88201 20 FAMILY SHARE OF THE COX LIVING TRUST OR CURRENT OWNER 2308 N GRAND AVE APT A ROSWELL 88201 3 19 of 25 EXHIBIT E: 23-001 VAR– NOTIFICATION AREA ADDRESSES 21 FRANCIS COX ESTATE OR CURRENT OWNER 2306 N GRAND AVE APT B ROSWELL 88201 22 FAMILY SHARE OF THE COX LIVING TRUST OR CURRENT OWNER 2306 N GRAND AVE APT A ROSWELL 88201 23 & 24 MICHELE WHITE 2301 N GRAND AVE APT G ROSWELL NM 88201 23 MICHELE WHITE OR CURRENT OWNER 2301 N GRAND AVE APT H ROSWELL 88201 24 (VACANT) MICHELE WHITE OR CURRENT OWNER 2301 N GRAND AVE ROSWELL 88201 25 ALEXIS CHAIDEZ; ALBERTO CHAIDEZ & RITA CHAIDEZ 13 GRANITE CIR ROSWELL NM 88201 ALEXIS CHAIDEZ; ALBERTO CHAIDEZ & RITA CHAIDEZ 2301 N GRAND AVE APT A ROSWELL 88201 4 20 of 25 EXHIBIT E: 23-001 VAR– NOTIFICATION AREA ADDRESSES 26 WILLIAM A LE MASTERS 1204 MECHEM STE 11 RUIDOSO NM 88345 TENANT OR PROPERTY OWNER 112 E 23RD ST ROSWELL 88201 27 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 28 ARC CAFEUSA001, LLC 5151 GLENWOOD AVE RALEIGH NC 27612 ARC CAFEUSA001, LLC OWNER OR MANAGER 2212 N MAIN ST ROSWELL 88201 29 HOMELAND HOSPITALITY LLC PO BOX 1270 WATSONVILLE CA 95077-1270 HOMELAND HOSPITALITY LLC OWNER OR MANAGER 2300 N MAIN ST ROSWELL 88201 5 21 of 25 EXHIBIT E: 23-001 VAR– NOTIFICATION AREA ADDRESSES 30 AAE PACIFIC PARK ASSOCIATES, LLC ATTN: OWNER OR MANAGER 2304 N MAIN ST ROSWELL NM 88201 31 AAE PACIFIC PARK ASSOCIATES, LLC 129 W WILSON ST STE 100 COSTA MESA CA 92627 HOME DEPOT OWNER OR MANAGER 2350 N MAIN ST ROSWELL 88201 6 22 of 25 EXHIBIT F 23-001 VAR: DREAMZ DISPENSARY LETTER OF JUSTIFICATION PAGE 1 OF 3 23 of 25 EXHIBIT F 23-001 VAR: DREAMZ DISPENSARY LETTER OF JUSTIFICATION PAGE 2 OF 3 24 of 25 EXHIBIT F 23-001 VAR: DREAMZ DISPENSARY LETTER OF JUSTIFICATION PAGE 3 OF 3 25 of 25

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