Planning & Zoning Commission

P&Z REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, April 25 , 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 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 – 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 Absent Jana Lessard Present James MacCornack Present Steve Henderson Present Richard L. Gutierrez Present Staff Members Present : Miguel Martinez, CZO, Associate Planner Louis Najar, PE, City Engineer Jeff Bechtel, IT Audience Members Present: Tom Jennings, Terri Harber with Roswell Daily Record, Kaarina Jager, Michael Dorr, Maribeth Dorr, Anthony Casarez, Michael Casarez, Andrew Kovach, JP Cheney, Gloria Salayandia. C. SWEARING IN: Steve Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Consider approval of the April 25 , 2023 Planning & Zoning Commission meeting agenda . Commissioner Lessard MOTIONED to approve the Tuesday, April 25 , 2023 Planning & Zoning Commission agenda as presented . SECONDED by Commissioner McDaniel . A voice vote was as follows: Jesse McDaniel-yes , James MacCornack - yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, David Storey , - yes, the motion passed 6 – 0 with Saul Aguilar being absent. E. APPROVAL OF MINUTES: Consider approval of the March 28 , 2023 Planning & Zoning Commission meeting minutes. Commissioner Henderson MOTIONED to approve the minutes of the March 28, 2023 Planning & Zoning Commission meeting as presented. SECONDED by Commissio ner McDaniel . A voice vote was as follows: Jesse McDaniel-yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, David Storey , - yes, the 1  motion passed 5 – 0 with James MacCornack recusing themselves and Saul Aguilar being absent. F. PUBLIC HEARING ITEMS: 1. CASE 23-003 ZOC: Request for change of zoning district from R-3 Residential to C-4 Commercial Business District at 107 N Kentucky Avenue. Subd: WEST SIDE Block: 48 Lot: 11 (BOUNDARY SURVEY S27-96) BK: 788 PG: 342 WDJT (Applicant: James P. Cheney & Bianca R Cheney). Chair Storey introduced Case 23-003 ZOC Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 23-003 ZOC. SECONDED by Commissioner Lessard . A voice vote was as follows: Jesse McDaniel-yes, James MacCornack - yes, Jana Lessard- yes, Steve Henderson- yes, David Storey , - yes, the motion passed 6 – 0 with Saul Aguilar being absent. Mr. Miguel Martinez : Presented Case 23-003 ZOC a request for a zone change at 107 N Kentucky Avenue from R-3 Residential to C-4 Community Commercial. Property is currently a vacant lot. Changing to a C-4 would allow the lot to be utilized as a parking lot as a use by right. R-3 currently required to have Special Use Permit to use property as a primary parking lot. Chair Storey : Is there anyone wishing to speak in favor of Case 23-003 ZOC? In Favor: Gloria Salayandia : I have no problem with the zone change. I would like to see this property held to the same standard as mine is being held by the city. Kaarina Jager: I drive by the property and I would like to see some development on the property besides just a parking lot. Will there be landscaping or improvements to sidewalks? Chair Storey : Louis, are there any requirements for the parking lot? Have any plans been submitted at this time? Mr. Louis Najar: I haven’t seen any plans at this time. I’ve been working with Merideth on Ms. Salayandia’s property to get her property cleaned up and brought into compliance. Ms. Salayandia’s property will also be a parking lot. Chair Storey : Does that include any landscaping or asphalt parking lot? Mr. Najar: It does require asphalt or improved parking lot. Employee parking does not require ADA parking. If the parking lot does service customers, then it will require ADA parking. Chair Storey : Is there anyone wishing to speak against Case 23-003 ZOC? Against: Tom Jennings: This is a historic district and a transition area from commercial to residential. There used to be a house on this property, now it’s a vacant lot. This is a residential property. They want to make it commercial. I object to that. The property is full 2  of weeds and currently has a roll off container on site. I ask that you table this so the neighborhood association can have a meeting to discuss this further. Commissioner Henderson: I’d like to hear from JP Cheney how he plans to address the concerns mentioned by Mr. Jennings. Note: Steve Henderson swears in JP Cheney JP Cheney: I bought the property on 107 N Kentucky Ave to expand my business. The property had two houses on the property and were in terrible condition. I have used base course on the property to level the property. There are two trees and a honeysuckle on the property currently being maintained. The curb and gutters are in the same condition as when I bought the property. Future plans include installing new curb and gutter. I will work with landscaping requirements. The trees are pecan trees and are currently producing pecans. As far as the parking lot goes, I will submit plans at a later time. Chair Storey : Are there going to be any accessory buildings for storage? JP Cheney: All we have on the property right now is a freight container that was holding some stuff during construction for our previous addition. The container is being utilized on a daily basis. Chair Storey : Is that the only structure you plan on having on the property? JP Cheney: Yes Commissioner Lessard: What about the semi truck? Will you be utilizing the new parking lot for the semi truck to make deliveries. JP Cheney: Now that Ms. Salayandia is putting up a fence on her property, I will have to have my deliveries come through the alley. I’ve started looking into making a concrete pad for my deliveries. Commissioner McDaniel: The proposed parking lot is strictly for employees only? JP Cheney: Yes, for employees only. Motion – 23-003 ZOC Based on the land use and zoning considerations, findings of fact , surrounding land uses, regulations esta blished in the Zoning Ordinance, and testimony received this evening, Commissioner Henderson MOTIONED to approve Zoning Case 23-003 ZOC. SECONDED by Commissioner MacCornack . A voice vote was as follows: Jesse McDaniel - yes, James MacCornack - yes, Jana Lessard - yes, Steve Henderson - yes, Richard Gutierrez – yes, David Storey , - yes, the motion passed 6 – 0 with Saul Aguilar being absent. 2. CASE 23-004 CANN: Request for approval of a Variance to residential distance requirements, Variance to C-1 locational prohibitions, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment (recreational and medical) with existing press lab located at 711 N Union Avenue. 3  Subd: RIVERSIDE HEIGHTS BLK 24 Block: 24 Lot: 13 W 80' AND:- Lot: 14 W 80' , Quarter: SW S: 32 T: 10S R: 24E DOC# 202002694 REC(M) (Appliciant: Press Lab Inc). Chair Storey introduced Case 23-004 CANN Commissioner Henderson MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 23-004 CANN. SECONDED by Commissioner McDaniel . A voice vote was as follows: Jesse McDaniel-yes, James MacCornack - yes, Jana Lessard- yes, Steve Henderson- yes, David Storey , - yes, the motion passed 6 – 0 with Saul Aguilar being absent. Mr. Miguel Martinez : Presented Case 23-004 CANN is a request for approval of a Variance to residential distance requirements, Variance to C-1 locational prohibitions, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment (recreational and medical) with existing press lab located at 711 N Union Avenue. Mr. Casarez is looking to expand his existing business that was established before our cannabis ordinance to allow for a dispensary. Commissioner Henderson : Is the business now zoned for growing cannabis? Mr. Martinez: No, the current zoning C-1 district does not currently allow for growing cannabis. Commissioner McDaniel: If this passes, will the parking lot need to be refurbished? Mr. Martinez: Yes Chair Storey : Is there anyone wishing to speak in favor of Case 23-004 CANN? In Favor: Anthony Casarez: We have been working on this property to bring it up to code and convert it for manufacturing cannabis products. Chair Storey : Is the making of edibles permitted in the city? Mr. Martinez: Yes, only under the designated zoning district. What makes this case interesting is that this business was established before we adopted the cannabis ordinance. Mr. Casarez: We were manufacturing for medical purposes. Chair Storey : Is there anyone wishing to speak against Case 23-004 CANN? None Motion – 23-004 CANN Based on the land use and zoning considerations, findings of fact, surrounding land uses, regulations established in the Zoning Ordinance, and testimony received this evening, Commissioner MacCornack MOTIONED to pass Zoning Case 23-00 4 CANN to City Council without recommendation . SECONDED by Commissioner McDaniel . 4 A voice vote was as follows: Jesse McDaniel - yes, James MacCornack - yes, Jana Lessard - yes, Steve Henderson - yes, Richard Gutierrez – yes, David Storey , - yes, the motion passed 6 – 0 with Saul Aguilar being absent. G. OTHER BUSINESS None. H. PUBLIC COMMENTS None. I. ANNOUNCEMENTS None. J. ADJOURN Chair Storey adjourned the meeting at 6:55 p.m. 5