Planning & Zoning Commission
Regular MeetingRoswell, NM · January 24, 2023
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:
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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:
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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EXHIBIT A 23-001 VAR APPLICATION - DREAMZ DISPENSARY
23-001 VAR 1.24.2023 x
x
x CCAN
N MAIN STREET
x
x
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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
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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
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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.
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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.
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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.
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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 )
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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
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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
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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
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