Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, September 26, 2023 at 6:00 PM Roswell Development Services Conference Room 500 N Main Street, Suite 100 (Sunwest Centre) Roswell, New Mexico Planning & Zoning Commission Members: Chair: David Storey; Vice Chair: Saul Aguilar; Secretary: Jesse McDaniel Members: Jana Lessard, Steve Henderson, Richard L. Gutierrez City Staff: Community Development Director: Jessica Vickers, J.D. Planning & Zoning Administrator: Merideth Hildreth, AICP Associate Planner; Miguel Martinez, CZO City Engineer; Louis Najar, P.E. A. Call to Order and Introduce Ms. Vickers B. Roll-Call C. Swearing In D. Approval of the Agenda: September 26, 2023 Agenda E. Approval of Minutes: June 27, 2023 P&Z Regular Meeting Minutes F. Action Item 1. CASE 23-007 ANNEX: Request to Annex 10.00 acres into City of Roswell Municipal Boundary. Location: 402 E Brasher Road. Subd: LAND DIVISION OF THE NE1/4NW1/4 OF SECTION 21, TOWNSHIP 11 SOUTH, RANGE 24 EAST Tract: 1 S: 21 T: 11S R: 24E DOC# 202302847 WD. (Property Owner: Carreon Spooling Services LLC; Agent: Juan C. Carreon) 2. CASE 23-009 FPLAT: Request to approve Pioneer Bank Commercial Properties Replat as a Final Plat to split one C-2 commercial lot into six lots. Location: 2900 & 3000 Blocks west side of N Main Street and north of Mescalero Road. Subd: PIONEER BANK SUMMARY PLAT Lot: 2 S: 20 T: 10S R: 24E BK: 541 PG: 1356 WD. (Property Owner: Pioneer Bank; Agent: Rains Surveying Company, Inc.) 3. CASE 23-010 CANN: Request for approval of a Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment. Location: 106 W Wildy Street. Subd: OLIVERS REDIV AMEND Block: 2 Lot: 4 & 5 BK: 542 PG: 1335 QCD JT (Appliciant: Fernando Lujan). G. Other Business H. Public Comments I. Announcements New Mexico Chapter of the American Planning Association’s annual conference will be held in Roswell October 17-20, 2023: New Mexico’s Response to a Changing Climate. Registration is open to the public at https://newmexico.planning.org/ J. Adjourn 1 1 of 75 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 23-40. 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: September 22, 2023 TO ATTEND THE PLANNING & ZONING COMMISSION MEETING BY GO TO MEETING Tuesday, September 26, 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 75  P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, June 27, 2023 - 6:00 PM Meeting Room A; Roswell Convention and Civic Center 912 North Main Street, Roswell, NM Chair: David Storey; Vice Chair: Vacant; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Richard L. Gutierrez 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 6:00 p.m. B. ROLL-CALL David Storey Present Jesse McDaniel Present Saul Aguilar Absent Jana Lessard Present Steve Henderson Present Richard L. Gutierrez Present Staff Members Present: Miguel Martinez, CZO, Associate Planner Louis Najar, PE, City Engineer Audience Members Present: C. APPROVAL OF THE AGENDA Consider approval of the June 27, 2023 Planning & Zoning Commission meeting agenda. Commissioner McDaniel MOTIONED to approve the June 27, 2023 Planning & Zoning Commission agenda as presented. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Richard Gutierrez-yes, the motion passed 5 – 0 with Saul Aguilar being absent. D. APPROVAL OF MINUTES: Consider approval of the May 23, 2023 Planning & Zoning Commission meeting minutes. Commissioner Henderson MOTIONED to accept the minutes of the 1 3 of 75  May 23, 2023 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner McDaniel. A voice vote was as follows: Jesse McDaniel-yes, Steve Henderson-yes, Richard Gutierrez-yes, James MacCornack-yes, the motion passed 3 – 0 with Saul Aguilar being absent. David Storey and Jana Lessard recused from vote due to previous absence at May 23, 2023 meeting. E. ACTION ITEM: 1. Consider voting for new Vice Chair. Commissioner McDaniel MOTIONED to nominate Saul Aguilar as new Vice Chair of the Planning & Zoning Commission. SECONDED by Commissioner Lessard. A voice vote was as follows: David Storey-yes Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Richard Gutierrez-yes, the motion passed 5 – 0 with Saul Aguilar being absent. F. OTHER BUSINESS 1. Discussion of Findings of Facts as presented by Community Development. Per discussion with City Attorney, a new format for the decision letter was introduced to the Planning & Zoning Commission. G. PUBLIC COMMENTS H. ANNOUNCEMENTS I. ADJOURN 1. Chair Storey adjourned the meeting at 6:14 p.m. 2 4 of 75  AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 23-007 Annex Roswell Planning & Zoning Commission Tuesday, September 26, 2023 Roswell Development Services Conference Room 500 North Main Street, Suite 100 (Sunwest Centre) Roswell, NM 88201 ACTION REQUESTED: Planning and Zoning Commission consider a request for annexation into the City of Roswell Municipal Boundary of a 10-acre tract located at 402 E Brasher Road. BACKGROUND: Prepared by: Merideth Hildreth, AICP, Planning & Zoning Administrator and Miguel Martinez, CZO, Planner II per application submitted by property owner. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The proposed Annexation requires Planning & Zoning Commission review and recommendation that will be forwarded to City Council for review and final decision. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 23-007 ANNEX. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Findings of Fact, Conclusions of Law, Staff Recommendation, and materials provided, the Planning & Zoning Commission is requested to review, introduce a motion, and vote to approve Zoning Case 23-007 ANNEX at the September 26, 2023 public hearing. 5 of 75 6 of 75  EXHIBIT B STAFF SUMMARY FOR CASE: 23-007 ANNEX REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY Roswell Planning & Zoning Commission Tuesday, September 26, 2023 Roswell Development Services Conference Room 500 North Main Street, Suite 100 (Sunwest Centre) Roswell, NM 88201 APPLICATION: CASE 23-007 ANNEX: Request for annexation of 10 acres into City of Roswell Municipal Boundary at 402 E Brasher Rd. I. Property Under Consideration: Property Address: 402 E Brasher Road Legal Description: Subd: LAND DIVISION OF THE NE1/4NW1/4 OF SECTION 21, TOWNSHIP 11 SOUTH, RANGE 24 EAST Tract: 1 S: 21 T: 11S R: 24E DOC# 202302847 WD Property Owner: Carreon Spooling Services LLC Applicant: Carreon Spooling Services LLC II. Site Data: Site Area: 10 acres UPC(s): 4-136-065-169-042-000000 Existing Land Use: Undeveloped Proposed Land Use: Locate industrial business in city limits Existing Zoning: Rural Suburban located in Chaves County ETZ Table 1: Adjacent Existing Land Use and Zoning to the property under consideration Direction: Land Use: Zoning: North FedEx and Vacant Land on north side of Brasher Road I-1 South Undeveloped Land County West Legendary Services I-1 East Undeveloped Land with overhead power lines County 7 of 75 PAGE 1 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 23-007 ANNEX REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY Maps for 23-007 ANNEX Main St Chaves County Assessor’s Map City of Roswell Zoning Map 8 of 75 PAGE 2 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 23-007 ANNEX REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY III. Intent of Petition: The applicant for Zoning Case 23-007 ANNEX is requesting annexation of 10 acres into City of Roswell Municipal Boundary at 402 E Brasher Rd. IV. Planning & Zoning Commission Considerations from Staff Review: 1. The property under consideration is located in the Chaves County Extraterritorial Zone (ETZ). 2. The property under consideration is identified as a top priority annexation area on the 2016 Comprehensive Master Plan Annexation Priority Map. S Main St Brasher Rd Proposed area to annex 3. Proposed use for property is an I-1 Light Industrial use that is compatible with the surrounding area “preferred development” as indicated on the 2016 Comprehensive Master Plan Preferred Land Use Scenario Map (see map on page 5 of this document). 9 of 75 PAGE 3 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 23-007 ANNEX REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY 4. Contiguous property to the west and property across the street on the north side of Brasher Road located with the City of Roswell Municipal Boundary are zoned I-1 Light Industrial. 5. Contiguous property to the south and east are located in the Chaves County Extraterritorial Zone. The 10-acre property under consideration was subdivided from the parent property (originally 39.711 acres) on April 6, 2023 (Exhibit F). The parent property is undeveloped except for overhead powerlines in an easement. Excerpt of Land Division of the NE ¼ NW ¼ OF SECTION 21, TOWNSHIP 11 SOUTH, RANGE 24 East by LT Surveying Google Earth Street View of Property looking southwest from Brasher Road 10 of 75 PAGE 4 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 23-007 ANNEX REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY 6. Brasher Road is classified as a Minor Arterial on the 2016 Functional Street Classification Plan. 7. City of Roswell water and sanitary sewer service lines are located on the north side of Brasher Road and are available to serve the property under consideration for annexation. 8. Exhibit G is the Carrion Annexation Plat. 9. Louis Jaramillo, CFM, CZO, Director of Chaves County Planning and Zoning submitted a letter dated September 18, 2023 conveying Chaves County’s support for the annexation (See Exhibit H). 10. The City of Roswell City Engineer has reviewed the Carreon Annexation Plat. 11. If Roswell City Council approves the annexation, the applicant intends to request a zone change to the City’s I-1 Light Industrial District. Excerpt from 2016 Comprehensive Master Plan Preferred Land Use Scenario Map 11 of 75 PAGE 5 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 23-007 ANNEX REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY 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 rights-of-way. 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 7. Annexation of Territory contains the provisions for annexation. 6. The property under consideration is currently under the jurisdiction of the County of Chaves in New Mexico, and the owner submitted an application to the City of Roswell Planning & Zoning Office in the Community Development Department requesting annexation to the 10-acre tract, and LT Surveying has surveyed the property and drawn the Carrion Annexation Plat for consideration by the Roswell Planning & Zoning Commission and Roswell City Council. VI. Staff Recommendation: Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses and the regulations established in the Zoning Ordinance and Subdivision Code, Staff recommends: Approval of Zoning Case 23-007 ANNEX to grant annexation into the City of Roswell Municipal Boundary of the 10-acre property located at 402 E Brasher Road. 12 of 75 PAGE 6 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 23-007 ANNEX REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY 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 recommend case Zoning Case 23-007 ANNEX to City Council with Findings of Fact and Conclusions of Law. 13 of 75 PAGE 7 of 7  EXHIBIT C: 23-007 ANNEX LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 1 of 2) LETTER SENT VIA CERTIFIED MAIL ON September 11, 2023 TO SURROUNDING PROPERTY OWNERS COMMUNITY DEVELOPMENT DEPARTMENT 500 N Main St Ste 100 Roswell, NM 88201 Telephone: (575) 637.6294 RE: PUBLIC HEARING NOTICE for ZONING CASE 23-007 ANNEX 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 City of Roswell Planning & Zoning Case 23-007 ANNEX. 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 23-007 ANNEX Request for annexation into City of Roswell boundary PROPERTY OWNER: Carreon Spooling Services LLC APPLICANT: Juan Carreon PROPERTY LOCATION: 402 E Brasher Rd LEGAL DESCRIPTION: Subd: LAND DIVISION OF THE NE1/4NW1/4 OF SECTION 21, TOWNSHIP 11 SOUTH, RANGE 24 EAST Tract: 1 S: 21 T: 11S R: 24E DOC# 202302847 WD The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning cases on Date: TUESDAY, September 26, 2023 at 6:00 p.m. in the Roswell Development Services Conference Room at the Sunwest Centre Office Complex, located at 500 North Main Street, Suite 100. You are entitled, although not obligated, to comment either in writing to our office, or in person or online at the hearing. To be considered, written protests must be submitted to and received by the Planning and Zoning Division 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 Division in the Roswell Development Services Office at 500 N Main Street Suite 100, 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 . 14 of 75  EXHIBIT C: 23-007 ANNEX LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 2 of 2) The information packet for these zoning cases will be available no later than 5:00 p.m., on Friday, September 22, 2023, and may be viewed at https://www.roswell- nm.gov/489/Planning-Zoning-Commission. You may inspect the information packet in detail by calling 575.637.6294 for an appointment at the Planning & Zoning Division in the Roswell Development Services Office at 500 N Main Street Suite 100. You may obtain copies of the information packet 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 Planning & Zoning Commission will forward a recommendation regarding this case to City Council for final consideration. 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 Miguel Martinez Merideth Hildreth, AICP Miguel Martinez, CZO Planning & Zoning Administrator Associate Planner (Area of Notification Map attached) 15 of 75  EXHIBIT D: CASE 23-007 ANNEX Request for annexation of a 10.00-acre property into City of Roswell boundary CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 6 5 4 3 7 1 2 PROPERTY UNDER CONSIDERATION – 402 E BRASHER ROAD NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 16 of 75  EXHIBIT E: 23-007 ANNEX – NOTIFICATION AREA ADDRESSES Chaves County Planning Dept Att: Louis Jaramillo PO Box 1817 Roswell NM 88202 1 (Owner of 402 E Brasher Rd – UNDEVELOPED TRACT) Carreon Spooling Services LLC 25 Haley Cir Roswell NM 88201 2 (UNDEVELOPED TRACT EXCEPT FOR OVERHEAD POWER TRANSMISSION LINES) De Graff Estate, Anna Mae; VW Properties LLC 6620 E Calle Castor Tucson AZ 85710 3 Westco Roswell LLC FED EX Ground Package System Inc Attn: Real Estate 1000 FED EX Dr Moon Township PA 15108 FED EX Tenant or Property Manager 419 E Brasher Rd Roswell NM 88203 4 & 5 (UNDEVELOPED LOTS) City of Roswell 6 FEDEX Freight West Inc c/o Burke & Associates LLC 3336 E 32nd St Ste 217 Tulsa OK 74135-4442 Tenant or Property Manager 401 E Brasher Rd Roswell NM 88203 1 17 of 75  EXHIBIT E: 23-007 ANNEX – NOTIFICATION AREA ADDRESSES 7 Buena Vida Properties LLC PO Box 1091 Lovington NM 88260 Tenant or Property Manager 400 E Brasher Rd Roswell NM 88203 2 18 of 75 EXHIBIT F 23-007 ANNEX: LAND DIVISION PLAT 19 of 75 EXHIBIT G 23-007 ANNEX: CARREON ANNEXATION PLAT 20 of 75 EXHIBIT H 23-007 ANNEX: CHAVES COUNTY LETTER 21 of 75  AGENDA ITEM F.2 City of Roswell Planning & Zoning Commission Zoning Case 23-009 FPLAT Roswell Planning & Zoning Commission Tuesday, September 26, 2023 Roswell Development Services Conference Room 500 North Main Street, Suite 100 (Sunwest Centre) Roswell, NM 88201 ACTION REQUESTED: Planning and Zoning Commission consider a request to approve a minor subdivision Final Plat to divide one C-2 commercial lot into six lots in the 2900 and 3000 Blocks of N Main Street. BACKGROUND: Prepared by: Merideth Hildreth, AICP, Planning & Zoning Administrator per application submitted by Pioneer Bank’s agent Rains Surveying Company, Inc. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The proposed Final Plat requires Planning & Zoning Commission review and recommendation that will be forwarded to City Council for review and final decision. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 23-009 FPLAT. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Findings of Fact, Conclusions of Law, Staff Recommendation, and materials provided, the Planning & Zoning Commission is requested to review, introduce a motion, and vote to approve Zoning Case 23-009 FPLAT Pioneer Bank Commercial Properties Replat at the September 26, 2023 public hearing. 22 of 75 EXHIBIT A: 23-009 FPLAT APPLICATION 23 of 75 24 of 75 25 of 75 26 of 75  EXHIBIT B STAFF SUMMARY FOR CASE: 23-009 FPLAT REQUEST TO APPROVE A FINAL PLAT PIONEER BANK COMMERCIAL PROPERTIES REPLAT Roswell Planning & Zoning Commission Tuesday, September 26, 2023 Roswell Development Services Conference Room 500 North Main Street, Suite 100 (Sunwest Centre) Roswell, NM 88201 CASE 23-009 FPLAT: Request to approve Final Plat to subdivide one commercial lot into six commercial lots: Pioneer Bank Commercial Properties Replat 1. Property Under Consideration: Property Address: 2900 & 3000 Block N Main Street south & west of Pioneer Bank on north side of W Mescalero Road Legal Description: Subd: PIONEER BANK SUMMARY PLAT Lot: 2 S: 20 T: 10S R: 24E BK: 541 PG: 1356 WD Property Owner: Pioneer Bank Applicant: Rains Surveying Company, Inc. II. Site Data: Site Area: 7.310 acres UPC(s): 4-135-059-492-231-000000 Existing Land Use: Vacant Lot with private drives developed Proposed Land Use: Subdivide 1 lot into 6 lots for commercial development Existing Zoning: Community Commercial (C-2) Table 1: Adjacent Existing Land Use and Zoning to the property under consideration Direction: Land Use: Zoning: North Pioneer Bank C-2 South Shopping Center with Farmers Country Market C-2 West Single Family Residential and an undeveloped tract R-3 East Commercial Development on east side of Main Street C-2 27 of 75 PAGE 1 of 8  EXHIBIT B STAFF SUMMARY FOR CASE: 23-009 FPLAT REQUEST TO APPROVE A FINAL PLAT PIONEER BANK COMMERCIAL PROPERTIES REPLAT Maps for 23-009 FPLAT 28 of 75 PAGE 2 of 8  EXHIBIT B STAFF SUMMARY FOR CASE: 23-009 FPLAT REQUEST TO APPROVE A FINAL PLAT PIONEER BANK COMMERCIAL PROPERTIES REPLAT III. Intent of Petition: The applicant for Zoning Case 23-009 FPLAT is requesting approval of a Final Plat for Pioneer Bank Commercial Properties Replat (Lot 2 of Pioneer Bank Summary Plat) to subdivide 7.3 acres into six commercial lots in the C-2 Community Commercial zoning district. Rains Surveying, Inc., has prepared the Final Plat for review by the City of Roswell Planning & Zoning Commission and City Council. Excerpt from Pioneer Bank Commercial Properties Replat by Rains Surveying 29 of 75 PAGE 3 of 8  EXHIBIT B STAFF SUMMARY FOR CASE: 23-009 FPLAT REQUEST TO APPROVE A FINAL PLAT PIONEER BANK COMMERCIAL PROPERTIES REPLAT IV. Planning & Zoning Commission Considerations from Staff Review: 1. The property under consideration is located in the 2900 & 3000 Blocks of the west side of N Main Street on the north side of W Mescalero Road and south & west of Pioneer Bank located at 3000 N Main Street. 2. The property under consideration is appropriately zoned C-2 Community Commercial and is surrounded by properties zoned C-2 on the north, east, and south sides in the North Main Street commercial corridor. 3. The property to the west is zoned R-3 and developed as single family homes along Via Veneto Drive. 4. Pioneer Bank is developed on the contiguous property to the north of the property under consideration. Pioneer Bank also owns the property under consideration and already developed a private paved drive to serve the lots to be created by the final plat. Access to the lots to be created are by way of existing paved drive entrances on both Main Street and Mescalero Road. City water lines, fire hydrants, and sanitary sewer lines have already been developed to serve all the lots to be created by the final plat. Google Earth Street View of Existing Paved Drive and Entrance Access from Main Street. 30 of 75 PAGE 4 of 8  EXHIBIT B STAFF SUMMARY FOR CASE: 23-009 FPLAT REQUEST TO APPROVE A FINAL PLAT PIONEER BANK COMMERCIAL PROPERTIES REPLAT Google Earth Street View of Property with Existing Paved Drive and Entrance Access from looking northeast from Mescalero Road. 5. Twelve residential lots zoned R-3 Residential are locate west of the property under consideration. Via Veneto Drive is a private street that serves these residential lots. Owners of lots this residential A Tucker Subdivision are requesting the owner of the property under consideration construct an 8’ tall solid fence on the east side of Via Veneto Drive. Roswell Zoning Ordinance Article 50: Development Standards Section 3: Commercial and Industrial Districts C. Rear Yard Setback stipulates, Where the rear lot line abuts a residential zoning district the minimum rear yard setback shall then be 20% of the lot depth or 35 feet, whichever is less. The lot shall be effectively screened by placing a solid fence or wall no less than 6 feet in height on the structure side of the lot line, made of brick, masonry, stone, wood, or an irrigated and maintained landscaped area, planted at a density equal to the opacity and height of a solid fence or wall or any combination thereof. 31 of 75 PAGE 5 of 8  EXHIBIT B STAFF SUMMARY FOR CASE: 23-009 FPLAT REQUEST TO APPROVE A FINAL PLAT PIONEER BANK COMMERCIAL PROPERTIES REPLAT Google Earth Street View of westernmost portion of property and Existing Single-Family Residential Units on Via Vento Drive (private drive) looking northwest from Mescalero Road. 6. Mescalero Road is classified as a Major Collector on the 2016 Functional Street Classification Plan Map. 7. Proposed lot dimensions and area are as follows for the six proposed lots: • Lots 2C, 2D, 2E, and 2F are four of the six proposed lots approximately 1acre in area and are 179.5’ to 232’ wide and 240’ to 244’ deep fronting the property under consideration’s existing private drive. The rear lot lines of the four proposed lots are parallel with Via Veneto Drive. • Lot 2B is approximately .75 acres with 95.78 ‘ of frontage on Mescalero Road and approximately 347’ depth. • Lot 2A is approximately 2.15 acres and has approximately 252.3’ frontage along Main Street and is approximately 373’ in depth. 8. The Final Plat to replat the 7.3-acre lot into 6 commercial lots is compatible with the 2016 Comprehensive Master Plan Preferred Land Use Scenario Map. 32 of 75 PAGE 6 of 8  EXHIBIT B STAFF SUMMARY FOR CASE: 23-009 FPLAT REQUEST TO APPROVE A FINAL PLAT PIONEER BANK COMMERCIAL PROPERTIES REPLAT Excerpt from 2016 Comprehensive Master Plan Preferred Land Use Scenario Map showing property located in Commercial Corridor 9. This Zoning Case 23-009 FPLAT includes the Final Plat for Pioneer Bank Commercial Properties Replat in Exhibit F. 10. The Planning & Zoning Commission’s recommendation on Zoning Case 23-009 FPLAT for Pioneer Bank Commercial Properties Replat will be forwarded to City Council to review and render a final decision. 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. 33 of 75 PAGE 7 of 8  EXHIBIT B STAFF SUMMARY FOR CASE: 23-009 FPLAT REQUEST TO APPROVE A FINAL PLAT PIONEER BANK COMMERCIAL PROPERTIES REPLAT 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 two (2) inquiries. 5. City of Roswell Subdivision Code Article 4: Subdivision Application Procedure and Approval Process Section 2: Application and Review Procedures regulates final plats. 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 23-009 FPLAT to grant a Final Plat for Pioneer Bank Commercial Properties Replat to subdivide 7.310 acres in the C-2 Zoning District into six commercial infill lots. 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 recommend approval of Zoning Case 23-009 FPLAT Final Plat to City Council with Findings of Fact and Conclusions of Law. 34 of 75 PAGE 8 of 8  EXHIBIT C: 23-009 FPLAT LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 1 of 2) LETTER SENT VIA CERTIFIED MAIL ON September 11, 2023 TO SURROUNDING PROPERTY OWNERS COMMUNITY DEVELOPMENT DEPARTMENT 500 N Main St Ste 100 Roswell, NM 88201 Telephone: (575) 637.6294 RE: PUBLIC HEARING NOTICE for ZONING CASE 23-009 FPLAT 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 City of Roswell Planning & Zoning Case 23-009 FPLAT. 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 23-009 FPLAT Request for Final Plat to subdivide one commercial lot into six commercial lots: Pioneer Bank Commercial Properties Replat PROPERTY OWNER: Pioneer Bank APPLICANT: Rains Surveying Company, Inc. PROPERTY LOCATION: 2900 & 3000 Block N Main Street south & west of Pioneer Bank on north side of W Mescalero Road LEGAL DESCRIPTION: Subd: PIONEER BANK SUMMARY PLAT Lot: 2 S: 20 T: 10S R: 24E BK: 541 PG: 1356 WD The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning cases on Date: TUESDAY, September 26, 2023 at 6:00 p.m. in the Roswell Development Services Conference Room at the Sunwest Centre Office Complex, located at 500 North Main Street, Suite 100. You are entitled, although not obligated, to comment either in writing to our office, or in person or online at the hearing. To be considered, written protests must be submitted to and received by the Planning and Zoning Division 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 Division in the Roswell Development Services Office at 500 N Main Street Suite 100, 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 . 35 of 75  EXHIBIT C: 23-009 FPLAT LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 2 of 2) The information packet for these zoning cases will be available no later than 5:00 p.m., on Friday, September 22, 2023, and may be viewed at https://www.roswell-nm.gov/489/Planning- Zoning-Commission. You may inspect the information packet in detail by calling 575.637.6294 for an appointment at the Planning & Zoning Division in the Roswell Development Services Office at 500 N Main Street Suite 100. You may obtain copies of the information packet 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 Planning & Zoning Commission will forward a recommendation regarding this case to City Council for final consideration. 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 Miguel Martinez Merideth Hildreth, AICP Miguel Martinez, CZO Planning & Zoning Administrator Associate Planner (Area of Notification Map attached) 36 of 75  EXHIBIT D: CASE 23-009 FPLAT AREA NOTIFICATION MAP Request to approve Final Plat to subdivide one commercial C-2 lot into six commercial lots: Pioneer Bank Commercial Properties Replat CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 15 16 17 14 13 12 11 1 18 10 9 8 20 7 6 19 5 4 21 3 2 25 24 22 23 PROPERTY UNDER CONSIDERATION 2900 & 3000 BLOCKS N MAIN STREET NORTH OF MESCALERO ROAD NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 37 of 75  EXHIBIT E: NOTIFICATION AREA ADDRESSES CASE 23-009 FPLAT 1 & 16 PIONEER BANK C/O CASH MANAGEMENT PO BOX 130 ROSWELL NM 88202-0130 2, 3 (2900 VIA VENETO DR & 2902 VIA VENETO DR -- VACANT LOTS) ALAN TUCKER ARCHITECTURE & CONSTRUCTION LLC PO BOX 1478 ROSWELL NM 88202-1478 4 J&G ELECTRIC CO LLC 512 S MAIN ST ROSWELL NM 88203 OWNER OR CURRENT RESIDENT 2906 VIA VENETO DR ROSWELL NM 88201 5 BRENDA L MCKENZIE 35 HALEY CIR ROSWELL NM 88201 OWNER OR CURRENT RESIDENT 2906 VIA VENETO DR ROSWELL NM 88201 6 XIAOYUAN XIAN 2908 VIA VENETO DR ROSWELL NM 88201 7 JENNA MCLEAN 2910 VIA VENETO DR ROSWELL NM 88201 8 MARK W DANIELS KATHERINE S DANIELS 5275 W COUNTRY CLUB RD ROSWELL NM 88201 1 38 of 75  EXHIBIT E: NOTIFICATION AREA ADDRESSES CASE 23-009 FPLAT OWNER OR CURRENT RESIDENT 2912 VIA VENETO DR ROSWELL NM 88201 9 DIXIE D EDWARDS 2914 VIA VENETO DR ROSWELL NM 88201 10 RAJARSHI BHADRA 313 W COUNTRY CLUB RD, STE 12 ROSWELL NM 88201 OWNER OR CURRENT RESIDENT 2916 VIA VENETO DR ROSWELL NM 88201 11 PHELPS W ANDERSON ANN S ANDERSON PO BOX 1000 ROSWELL NM 88202 OWNER OR CURRENT RESIDENT 2918 VIA VENETO DR ROSWELL NM 88201 12 VACANT 2920 VIA VENETO DR – BP AUG 2023 13 VACANT 2922 VIA VENETO DR – BP AUG 2023 ALAN TUCKER ARCHITECTURE & CONSTRUCTION LLC PO BOX 1478 ROSWELL NM 88202-1478 14 (UNDEVELOPED) CITY OF ROSWELL PO BOX 1838 ROSWELL NM 88202-1838 15 (UNDEVELOPED) TIERRA REALTY TRUST LLC C/O STEVE CROZIER PO BOX 8270 SANTA FE NM 87504 2 39 of 75  EXHIBIT E: NOTIFICATION AREA ADDRESSES CASE 23-009 FPLAT 16 (SEE PIONEER BANK #1) 17 BREWER OIL CO PO BOX 1347 ARTESIA NM 88211-1347 OWNER OR MANAGER 3001 N MAIN ST ROSWELL NM 88201 18 ST MARK’S LUTHERAN CHURCH 2911 N MAIN ST ROSWELL NM 88201 19 KSLB ENTERPRISES LLC PO BOX 757 ROSWELL NM 88202-0757 20 (2910 N MAIN ST – VACANT LOT) WELLS FARGO BANK NM NA C/O THOMSON PROPERTY TAX SERVICES PO BOX 2609 CARLSBAD CA 92018 21 UNITED NEW MEXICO BANK C/O THOMSON PROPERTY TAX SERVICES PO BOX 2609 CARLSBAD CA 92018 BANK OWNER OR MANAGER 2900 N MAIN ST ROSWELL NM 88201 22 & 23 SINGLE BARREL PROPERTIES LLC PO BOX 1210 ROSWELL NM 88202-1210 OWNER (VACANT BUILDING) 2828 N MAIN ST ROSWELL NM 88201 3 40 of 75  EXHIBIT E: NOTIFICATION AREA ADDRESSES CASE 23-009 FPLAT 23 (Farmers Country Market – see # 22&23) OWNER OR MANAGER 2810 N MAIN ST ROSWELL NM 88201 24 & 25 MAXIMILIANO CONTRERAS JR BRITTE BOURQUE PO BOX 727 ROSWELL NM 88202 24 OWNER OR CURRENT RESIDENT 300 W MESCALERO RD ROSWELL NM 88201 25 OWNER OR CURRENT RESIDENT 302 W MESCALERO RD ROSWELL NM 88201 4 41 of 75 EXHIBIT F 23-009 FPLAT: PIONEER BANK COMMERCIAL PROPERTIES REPLAT 2900 & 3000 BLOCKS OF NORTH MAIN STREET 42 of 75  AGENDA ITEM F.3 City of Roswell Planning & Zoning Commission Zoning Case 23-010 CANN Roswell Planning & Zoning Commission Tuesday, September 26, 2023 Roswell Development Services Conference Room 500 North Main Street, Suite 100 (Sunwest Centre) Roswell, NM 88201 ACTION REQUESTED: Planning and Zoning Commission consider a request for approval of Zoning Case 23-010 CANN at 106 W Wildy Street that entails approval of a Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment. BACKGROUND: Prepared by: Merideth Hildreth, AICP, Planning & Zoning Administrator and Miguel Martinez, CZO, Planner II per application submitted by Fernando Lujan, C.O.O. Owner of Dispensary Near Me Roswell. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: Zoning Case 23-010 CANN requires Planning & Zoning Commission review and recommendation that will be forwarded to City Council for review and final decision. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote a recommendation on Zoning Case 23-010 CANN. STAFF RECOMMENDATION: Based on Land Use and Zoning Considerations, Findings of Fact, Conclusions of Law, Article 27 of the Municipal Code, and materials provided, the Planning & Zoning Commission is requested to review, introduce a motion, and vote on a recommendation to be forwarded to City Council for Case 23-010 CANN. 43 of 75 EXHIBIT A: 23-010 CANN APPLICATION 44 of 75  !"#$%&'%(&)*+,,%!&--./"#$%0+1+,&2-+/#% ! % 3*/+4%5"'%/&#%622,"78/#9:%% ;8-+:%% <=&/+%;.->+4:%% ?-8",%6@@4+)):% A8","/B%6@@4+)):%!!!!!!"#$$"%&'()$#*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%!"#$$"%&+($*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%,-."%/#%!'."$*% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%0."1*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%!"+"$*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%2.3%0/4$*%% % !"1",%?/B"/++4:%% ;8-+:%% C#8#+%&'%;+*%A+D"7&%E"7+/)+%;.->+4:%% <=&/+%;.->+4:%% ?-8",%6@@4+)):% A8","/B%6@@4+)):%!!!!!!"#$$"%&'()$#*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%!"#$$"%&+($*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%,-."%/#%!'."$*% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%0."1*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%!"+"$*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%2.3%0/4$*%% % 647="#+7#:%% ;8-+:%% C#8#+%&'%;+*%A+D"7&%E"7+/)+%;.->+4:%% <=&/+%;.->+4:%% ?-8",%6@@4+)):% A8","/B%6@@4+)):%!!!!!!"#$$"%&'()$#*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%!"#$$"%&+($*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%,-."%/#%!'."$*% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%0."1*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%!"+"$*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%2.3%0/4$*%% % !&/#487#&4:%% ;8-+:%% C#8#+%&'%;+*%A+D"7&%!&/#487#&4%E"7+/)+%;.->+4:%% <=&/+%;.->+4:%% ?-8",%6@@4+)):% A8","/B%6@@4+)):%!!!!!!"#$$"%&'()$#*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%!"#$$"%&+($*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%,-."%/#%!'."$*% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%0."1*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%!"+"$*%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%2.3%0/4$*%% Please provide the property’s APN/legal description in the box below (which can be "##$%%$&!'(!)%*+,!-.$!/."0$%!/1)+-(!2%%$%%13!4"567!!! ! ! ! ! 45 of 75 46 of 75  EXHIBIT B STAFF SUMMARY FOR CASE: 23-010 CANN REQUEST FOR ZONE CHANGE, VARIANCE, AND CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT Roswell Planning & Zoning Commission Tuesday, September 26, 2023 Roswell Development Services Conference Room 500 North Main Street, Suite 100 (Sunwest Centre) Roswell, NM 88201 CASE 23-010 CANN: Request for approval of a Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment (recreational and medical) located at 106 W Wildy St. I. Property Under Consideration: Property Address: 106 W Wildy St Legal Description: Subd: OLIVERS REDIV AMEND Block: 2 Lot: 4 & 5 BK: 542 PG: 1335 QCD JT Property Owner: Benny R Lueras and Tina Lueras Applicant: Fernando Lujan II. Site Data: Site Area: 5000 SQ FT +/- UPC(s): 4135063536070 Existing Land Use: 302 SF Commercial Structure Proposed Land Use: Facility to dispense medical and recreational cannabis Existing Zoning: Community Commercial C-2 Table 1: Existing Land Use and Zoning adjacent to the property under consideration Direction: Land Use: Zoning: North Little Caesars, Dion’s, Big R C-2 South Residential R-2 West Residential R-2 East Commercial C-2 47 of 75 PAGE 1 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 23-010 CANN REQUEST FOR ZONE CHANGE, VARIANCE, AND CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT Maps for Zoning Case 23-010 CANN Chaves County Assessor Map City of Roswell Zoning Map 48 of 75 PAGE 2 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 23-010 CANN REQUEST FOR ZONE CHANGE, VARIANCE, AND CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT III. Intent of Petition: The Applicant is requesting a Zone Change to CCAN, Variance to residential distance requirements, and Conditional Use Permit to operate an adult use (recreational and medical) retail cannabis establishment located at 106 W Wildy St. IV. Planning & Zoning Commission Considerations from Staff Review: A. Background Information 1. The 5,000 +/- square foot lot under consideration is developed with an existing 320 SF commercial building and is zoned C-2 Community Commercial. 2. Structure on property previously operated as a smoke shop. Google Earth Street View of Property Under Consideration showing 320 SF Building on Commercial Lot at 106 W Wildy Street 49 of 75 PAGE 3 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 23-010 CANN REQUEST FOR ZONE CHANGE, VARIANCE, AND CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT B. Land Use and Zoning Considerations: 1. The property under consideration is located in a commercial corridor along South Main Street, and • Abuts a R-2 residential property, with a single family house, along the west property line; • Abuts an alley along the south property line. R-2 Residential single-family homes are located adjacent to and south of the alley; • Abuts a C-2 property along the east property line held under the same ownership as the property under consideration. This property is developed with a Water Windmill; and • A C-2 shopping center is located on the north side of Wildy Street across the street. 2. Quality Liquor is located on the corner of Wildy Street and Main Street. 3. Wildy Street is classified as a Local Street. C. Variance Requests 1. The Applicant is requesting a variance to residential distance requirements as stipulated in Article 27 of the Municipal Code. The property is within 300’ of residentially zoned properties as shown on the Zoning Map on Page 2. D. Zone Change Request 1. 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. 50 of 75 PAGE 4 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 23-010 CANN REQUEST FOR ZONE CHANGE, VARIANCE, AND CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT E. Conditional Use Permit Request 1. 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 includes 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. F. Draft Conditions of Approval for Zoning Case 23-010 CANN Exhibit F contains the Draft Conditions of Approval that the Planning & Zoning Commission is requested to review. The Planning & Zoning Commission’s recommendation to City Council may include the Draft Conditions of Approval as written or modified. G. Applicant Documents The applicant provided the following documents that are included in the exhibits for this Zoning Case 23-010 CANN: 1. Business Plan 2. Floor Plan 3. Copy of State of New Mexico cannabis license 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 rights-of-way. 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. 51 of 75 PAGE 5 of 6  EXHIBIT B STAFF SUMMARY FOR CASE: 23-010 CANN REQUEST FOR ZONE CHANGE, VARIANCE, AND CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS ESTABLISHMENT 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. 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, conclusions of law, 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 or no recommendation) of Zoning Case 23-010 CANN, which includes a zone change to CCAN, a variance to residential distance requirements, and a Conditional Use Permit with Draft 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 or no recommendation) of Zoning Case 23-010 CANN with Conditions of Approval specified in Exhibit F with Finding of Facts and Conclusions of Law. 52 of 75 PAGE 6 of 6  EXHIBIT C: 23-010 CANN - LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 1 of 2) LETTER SENT VIA CERTIFIED MAIL ON September 11, 2023 TO SURROUNDING PROPERTY OWNERS COMMUNITY DEVELOPMENT DEPARTMENT 500 N Main Street, Suite 100 Roswell, NM 88201 Telephone: (575) 637.6294 RE: PUBLIC HEARING NOTICE for ZONING CASE 23-010 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 23-010 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 23-010 CANN Request for approval of a Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment (recreational and medical). PROPERTY OWNER: Benny R Lueras APPLICANT: Fernando Lujan PROPERTY LOCATION: 106 W Wildy Street LEGAL DESCRIPTION: Subd: OLIVERS REDIV AMEND Block: 2 Lot: 4 & 5 BK: 542 PG: 1335 QCD JT The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning cases on Date: TUESDAY, September 26, 2023 at 6:00 p.m. in the Roswell Development Services Conference Room at the Sunwest Centre Office Complex, located at 500 North Main Street, Suite 100. You are entitled, although not obligated, to comment either in writing to our office, or in person or online at the hearing. To be considered, written protests must be submitted to and received by the Planning and Zoning Division 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 Division in the Roswell Development Services Office at 500 N Main Street Suite 100, 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 . 53 of 75  EXHIBIT C: 23-010 CANN - LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 2 of 2) The information packet for these zoning cases will be available no later than 5:00 p.m., on Friday, September 22, 2023, and may be viewed at https://www.roswell- nm.gov/489/Planning-Zoning-Commission. You may inspect the information packet in detail by calling 575.637.6294 for an appointment at the Planning & Zoning Division in the Roswell Development Services Office at 500 N Main Street Suite 100. You may obtain copies of the information packet 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 City of Roswell Code of Ordinances Article 27: CANNABIS is available online at: https://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_CH27CA Planning & Zoning Commission will forward a recommendation regarding this case to City Council for final consideration. 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 Miguel Martinez Merideth Hildreth, AICP Miguel Martinez, CZO Planning & Zoning Administrator Associate Planner (Area of Notification Map attached) 54 of 75  EXHIBIT D: CASE 23-010 CANN Request for approval of a Zone Change to CCAN (Commercial Cannabis) Variance to Distance Requirements to Residential, and 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 6 5 3 7 18 16 14 1 2 17 12 11 8 15 13 19 21 23 25 27 20 22 24 26 28 9 10 38 36 34 32 31 30 29 37 35 33 39 41 43 45 40 42 44 PROPERTY UNDER CONSIDERATION – 106 W WILDY ST NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 55 of 75  EXHIBIT E: 23-010 CANN– NOTIFICATION AREA ADDRESSES 1 & 2 (for 104 W Wildy and 106 W Wildy) Lueras, Benny R; Lueras, Tina 807 Conchas Pl ROSWELL NM 88203 (ZONING CASE APPLICANT) FERNANDO LUJAN 2384 HWY 47 BELEN NM 87002 3 LITTLE CAESARS ATT: OWNER OR MANAGER 1320 S Main St ROSWELL NM 88203 Gorobets, Alina c/o Vibe Restaurant 11300 N Central Expressway, Ste 250 Dallas TX 75243 4 Roswell Farm and Ranch LLC 385 Inverness Parkway Ste 140 Englewood CO 80112 Big R Stores - Roswell ATT: OWNER OR MANAGER 1310 S Main St ROSWELL NM 88203 5 Slice Pie LLC 8525 Jefferson NE Albuquerque NM 87113 Dion’s ATT: OWNER OR MANAGER 1350 S Main St ROSWELL NM 88203 1 56 of 75  EXHIBIT E: 23-010 CANN– NOTIFICATION AREA ADDRESSES 6 KURT J RICHARDSON SANDRA L RICHARDSONSON 1510 LATIGO CIR ROSWELL NM 88201 SUBWAY ATT: OWNER OR MANAGER 1307 S MAIN ST ROSWELL, NM 88203 7 (VACANT LOT) Little, Matthew; Little, Monica 1909 N Garden Ave ROSWELL NM 88203 8 United New Mexico Bank c/o Thomson Property Tax Services PO Box 2609 Carlsbad CA 92018 ATT: BANK OWNER OR MANAGER 1401 S Main St ROSWELL NM 88203 9 (Dickey’s Rediv Block 2 Lot 16 – Billboard) & 10 ATT: PIONEER BANK OWNER OR MANAGER 2 St. Mary’s Place ROSWELL NM 88203 11 & 28 Davis, Dickie C; Davis, Pam D 1400 S Main St ROSWELL NM 88203 12 Viltchinski, Vladimir; Viltchinskaia, Elena 102 W Wildy St ROSWELL NM 88203 2 57 of 75  EXHIBIT E: 23-010 CANN– NOTIFICATION AREA ADDRESSES 13 Smolky, Reece J; Smolky, Bruce B 4 Taos Ct ROSWELL NM 88203 OWNER OR CURRENT RESIDENT 108 W Wildy St ROSWELL NM 88203 14 Urban, Lollie 25 Gail Harris St ROSWELL NM 88203 OWNER OR CURRENT RESIDENT 110 W Wildy St ROSWELL NM 88203 15 (112 W Wildy St – Vacant Lot) Landaverde, Diego A 151 E Orchard Park Rd Dexter NM 88230 16 Ramirez, Santiago 802 Barnett Dr ROSWELL NM 88203 OWNER OR CURRENT RESIDENT 114 W Wildy St ROSWELL NM 88203 17 Rodriguez-Lopez, Martha A 116 W Wildy St ROSWELL NM 88203 18 Abernathy, Cindy Lee, Ford, Sherrill Lynn 118 W Wildy St ROSWELL NM 88203 3 58 of 75  EXHIBIT E: 23-010 CANN– NOTIFICATION AREA ADDRESSES 19 & 23 MANUEL V GUTIERREZ MARIA E GUTIERREZ 1210 S RICHARDSON AVE ROSWELL NM 88203 19 OWNER OR CURRENT RESIDENT 119 W Oliver St ROSWELL NM 88203 20 Gilpin, Richard; Gilpin, Ruby 117 W Oliver St ROSWELL NM 88203 21 Lerma, Jose M 115 W Oliver St ROSWELL NM 88203 22 Fields, Connie Marie 113 W Oliver St ROSWELL NM 88203 23 (See 19) OWNER OR CURRENT RESIDENT 111 W Oliver St ROSWELL NM 88203 24 Albarez, Jesus G 109 W Oliver St ROSWELL NM 88203 25 Borundo, Rosendo; Quintana, Socorro 107 W Oliver St ROSWELL NM 88203 4 59 of 75  EXHIBIT E: 23-010 CANN– NOTIFICATION AREA ADDRESSES 26 & 27 Davis, D C; Davis, Pam 3795 Cedarvale Rd ROSWELL NM 88203 26 OWNER OR CURRENT RESIDENT 105 W Oliver St ROSWELL NM 88203 27 OWNER OR CURRENT RESIDENT 103 W Oliver St ROSWELL NM 88203 28 (See 11) ATT: OWNER OR MANAGER 1408 S MAIN ST ROSWELL NM 88203 29, 30, 31 Genwis, LLC 1410 S Main St ROSWELL NM 88203 30 ATT: OWNER OR MANAGER 102 W Oliver St ROSWELL NM 88203 31 ATT: OWNER OR MANAGER 104 W Oliver St ROSWELL NM 88203 32 McGee Revocable Trust c/o David White & Mary McGee PO Box 1297 ROSWELL NM 88203 OWNER OR CURRENT RESIDENT 106 W Oliver St ROSWELL NM 88203 5 60 of 75  EXHIBIT E: 23-010 CANN– NOTIFICATION AREA ADDRESSES 33 Trulillo, Mary Lou; O’Kelley, Rebecca 901 Escalante Rd ROSWELL NM 88201 OWNER OR CURRENT RESIDENT 108 W Oliver St ROSWELL NM 88203 34 Heredia, Alejandra 110 Oliver St ROSWELL NM 88203 35 Valdez, Gilberto Genero Jr 112 W Oliver St ROSWELL NM 88203 36 Gonzales, Leroy 9171 National Park Dr Las Vegas NV 89178 OWNER OR CURRENT RESIDENT 114 W Oliver St ROSWELL NM 88203 37 Perez, Laura 116 Oliver St ROSWELL NM 88203 38 Rice, Rose Maria 118 W Oliver St ROSWELL NM 88203 39 MONTANO, DOLORES 115 W CHISUM ST ROSWELL NM 88203 6 61 of 75  EXHIBIT E: 23-010 CANN– NOTIFICATION AREA ADDRESSES 40 BRADY, ERICKA 101 ROBINS DR ROSWELL NM 88203 OWNER OR CURRENT RESIDENT 113 W CHISUM ST ROSWELL NM 88203 41 Perez, Rafael; Perez, Benita 111 W Chisum St ROSWELL NM 88203 42 Maldonado, Pablo; Maldonado, Maria 109 W Chisum St ROSWELL NM 88203 43 Loya, Fidencio; Loya Norma 1108 E Holland Dr ROSWELL NM 88203 OWNER OR CURRENT RESIDENT 107 W Chisum St ROSWELL NM 88203 44 Sandoval, Michael 2001 Adams Dr ROSWELL NM 88203 OWNER OR CURRENT RESIDENT 105 W Chisum St ROSWELL NM 88203 45 Duran, Edward Ray 806 Barnett Dr ROSWELL NM 88203 ATT: OWNER OR MANAGER 1414 S Main St ROSWELL NM 88203 7 62 of 75  Dispensary Near Me Roswell – Zoning Case 23-010 CANN DRAFT Conditions of Approval EXHIBIT F DRAFT CONDITIONS OF APPROVAL ZONING CASE 23-010 CANN DISPENSARY NEAR ME ROSWELL 106 W WILDY STREET General Conditions 1. Zoning Case 23-010 CANN is contingent upon City Council approval and adoption of the attendant Change of Zone and Conditional Use Permit (CUP) applications. Zoning Case 23-010CANN hereby approves an indoor retail cannabis business, Dispensary Near Me Roswell located at 106 W Wildy Street, in the City of Roswell, New Mexico. 2. If approved by the City Council, Zoning Case 23-010 CANN provides for the development and operation of a commercial cannabis establishment as Dispensary Near Me Roswell located at 106 W Wildy Street. The CUP allows for Dispensary Near Me Roswell to operate as a Recreational (Adult Use) and Medical Cannabis Retailer under a VICE License or equivalent issued by the New Mexico Cannabis Control Division of the NMRLD. Except as provided for by this permit for the uses above, the cultivation, processing, manufacture, and/or distribution of cannabis, or cannabis derived products beyond current activities by Dispensary Near Me Roswell is not permitted at this location. Any request to expand operations beyond that which is permitted under Zoning Case 23-010 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 23-010 CANN. 3. Hours of operation for the retail cannabis business 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 restricted by the State of New Mexico or the City of Roswell. 4. The owner shall procure a City of Roswell Cannabis Operational Permit and a State License prior to commencement of business activities. 5. Prior to commencement of retail sales, the owner/operator of Dispensary Near Me Roswell 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 Page 1 of 3 63 of 75  Dispensary Near Me Roswell – Zoning Case 23-010 CANN DRAFT Conditions of Approval 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. 6. Prior to commencement of operations, the owner/operator of Dispensary Near Me Roswell 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 of retail sales 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. 7. 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. 8. Zoning Case 23-010 CANN shall be valid for 12 months to open the establishment from the effective date of said City Council approval, unless the applicant requests an extension of time and is granted by the Planning and Zoning Commission. Issuance of building permits and pursuit of construction will serve to vest the interest in 23-010 CANN. 9. Construction plans for tenant improvements shall be in conformance with the floor plan designed in accordance with the Dispensary Near Me Roswell facility. 10. The retail cannabis use shall not result in the creation of any odors detectable from anywhere off the property boundaries. The use of carbon filtration systems and other mitigation measures shall be used on all cannabis activities that cause such odors. 11. All plans, as shown, are considered “conceptual,” subject to revisions as called out by these conditions of approval. 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 23-010 CANN. 12. 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. Page 2 of 3 64 of 75  Dispensary Near Me Roswell – Zoning Case 23-010 CANN DRAFT Conditions of Approval 13. 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. 14. All plan submittals and permits are the responsibility of the developer. This includes plan submittals to the City of Roswell, the City of Roswell Fire Department/Fire Marshall, or to other agencies for whom plan review and approval is required. Page 3 of 3 65 of 75  EXHIBIT G 23-010 CANN - BUSINESS PLAN Dispensary Near Me Roswell Business Plan Trevor Donaldson, Owner Created on 9/22/23 66 of 75 Executive Summary Product Dispensary Near Me (DNM) Roswell is a fully integrated cannabis business that provides a full line of cannabis products to both medical and recreational users. Customers The target market for DNM is medical and recreational cannabis users in Roswell. Additionally DNM will, with our fully integrated business model, provide low cost and high quality products which will bring in customers from surrounding areas like Dexter, Artesia, Midway, Hagerman, Clovis, and Hobbs. Future of the Company Cannabis is a fast paced, evolving industry. In response to the current climate DNM has created a commercial kitchen space at HQ where new product development can happen on a daily basis keeping DNM relevant through the industry growth. DNM also extracts and cultivates its own products assuring the minimum cost of goods sold as the industry develops. 67 of 75 Company Description Mission Statement To provide quality cannabis products to New Mexico consumers. Principal Members Trevor Donaldson - Owner C.E.O. Fernando Lujan - Owner, C.O.O. Carino Padilla - C.G.O. Hector Rivera - District Manager Anthony Lopez - Store Manager Legal Structure DNM is a Limited Liability Company registered in New Mexico. 68 of 75 Market Research Industry The cannabis industry is changing rapidly and a lot of the legacy companies had become complacent and unwilling to grow as a company, this has led to mergers, consolidations and bankruptcy of many of the original cannabis companies due to lack of sales, and a high cost of business. DNM is positioned to grow cannabis organically outdoors and in greenhouses at a cost that will continue to be competitive as the market matures. DNM has a fully functioning commercial kitchen and extraction in-house to assure continued competitiveness in the market as more companies emerge and prices come down. Detailed Description of Customers DNM currently operates 3 retail stores in New Mexico and has a vast pool of information on cannabis users in New Mexico. DNM’s current customer base consists mainly of business professionals ranging in age from 35 - 60, who have consumed cannabis for years. Company Advantages Because DNM provides cannabis, and manufactures products that are created in-house the cost of goods sold is much lower than the majority of the cannabis dispensaries in New Mexico. Additionally, the owners and management have over 50 years combined experience in the cannabis industry dwarfing the unexperienced majority of people trying to enter the cannabis industry. 69 of 75 Products Line Products Products Include: ● Cannabis Flower ● Locally Grown Honey ● CBD ● CBG ● Tinctures ● Balms ● Pre-Rolled Joints ● Gummy Candy ● Hard Candy ● Infused Cannabis Joints ● Drinks ● Micro Green ● Vape Carts ● Hydrocarbon extracted cannabis ● Ethanol extracted cannabis ● Water extracted cannabis Product Life Cycle All of the products produced by DNM have a 1 year life cycle. We grow cannabis in the spring and harvest in the fall. All of the food products and extracts are made shortly after and have a 1 year shelf life. Research and Development DNM will conduct the following continued Research and Development: ● Analyze mature markets ● Survey the New Mexico market 70 of 75 Marketing and Sales Growth Strategy To Grow the Company DNM will do the following: ● Advertise in the local market ● Support local charities in Roswell ● Establish a web presence for Roswell ● Provide outstanding customer service ● Bring the best products to market Communicating with the Customer ● DNM will communicate with the customer with an OPT-in email platform called Spring-Big ● Host community events ● Survey customers during visits How we Sell DNM’s member managers have extensive knowledge in the cannabis industry. DNM currently operates 4 retail store fronts, one in Albuquerque, Belen, Socorro, and Portales. Each location was built out from the ground up and the customer base developed within each market. Each store is a copy of the first, from the layout of the store, to the color scheme of the building and logos. Current stores are doing from $70,000 - $100,000 per month and we project similar results in Roswell. DNM has a target approach of social media, google, local publications, hosing local events and charitable donations in the community to get immediate exposure ensuring a quick start. 71 of 75 EXHIBIT H: 23-010 CANN FLOOR PLAN AND SITE PLAN (PAGE 1 OF 3) 72 of 75 EXHIBIT H: 23-010 CANN FLOOR PLAN AND SITE PLAN (PAGE 2 OF 3) 73 of 75 EXHIBIT H: 23-010 CANN FLOOR PLAN AND SITE PLAN (PAGE 3 OF 3) 74 of 75 EXHIBIT I: 23-010 CANN 75 of 75