Planning & Zoning Commission

P&Z REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, March 26, 2024 - 6:00 PM Roswell Development Services Conference Room 500 N Main Street, Suite 100 (Sunwest Centre) Roswell, New Mexico Chair: David Storey; Vice Chair: Saul Aguilar; Secretary: Jesse McDaniel Members: Jana Lessard, Steve Henderson, Richard L. Gutierrez, Greg Holman Jessica Vickers, Esq Merideth Hildreth, AICP Miguel Martinez, CZO Louis Najar, P.E. James MacCornack, P.E. 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 24-02. A. CALL TO ORDER AND WELCOME – Chair David Storey Chair Storey called to order the regular meeting of the Planning & Zoning Commission at approximately 6:03 p.m. B. ROLL-CALL David Storey Present Saul Aguilar Present Jesse McDaniel Present Jana Lessard Present Steve Henderson Present Richard L. Gutierrez Absent Greg Holman Present Staff Members Present: Jessica Vickers, Esq, Community Development Director Merideth Hildreth, AICP, Planning and Zoning Administrator Miguel Martinez, CZO, Associate Planner Louis Najar, P.E., City Engineer James MacCornack, P.E., Senior Engineer Audience Members Present: Bud Kunkel, Juan Carreon, Leonard Salgado, Martin Richardson, Marvel Cordova, Kane Oveiz, Gene Dow, Todd Taylor Online: Terri Harbor with Roswell Daily Record C. SWEARING IN: Commissioner Steve Henderson swore in staff and members of the audience. 1 D. APPROVAL OF THE AGENDA Consider approval of the March 26, 2024 Planning & Zoning Commission meeting agenda. Commissioner Aguilar MOTIONED to approve the Tuesday; March 26, 2024 Planning & Zoning Commission agenda as presented. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6- 0 with Richard Gutierrez being absent. E. APPROVAL OF MINUTES: Consider approval of the February 27, 2024 Planning & Zoning Commission meeting minutes. Commissioner Lessard MOTIONED to approve the minutes of the February 27, 2024 Planning & Zoning Commission meeting. SECONDED by Commissioner Holman. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. F. PUBLIC HEARING ITEMS: 1. Chair Storey introduced CASE 24-007 SUP: CASE 24-007 SUP: Request for a Special Use Permit in the R-3 Residential Zoning District to ensure school complies with State of New Mexico requirements for accreditation. Location: 1405 N Sycamore Avenue. Chair Storey: Next, we move on to our public hearing items. First up is case number 24-007 which is a SUP a special use permit in the R-3 residential zoning District to ensure school complies with the State of New Mexico requirements for accreditation. Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-007 SUP. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. Ms. Merideth Hildreth: Presented Case 24-007 SUP Good evening, Chair Storey, Commissioners. First up - item number one on the public hearing is zoning case 24-007 SUP, a request for a special use permit in the R-3 Residential Zoning District to ensure the existing private school at 1405 North Sycamore Avenue complies with State of New Mexico requirements for accreditation. Here you have a staff photo of the Emanuel Lutheran Church and School. Here's an Assessor map and a Zoning Map; you can see it's an R-3 surrounded by a lot of vacant land and a little bit of commercial development on the north side of College Boulevard and also the Spring River Apartments is down the street on the other side of Sycamore. Excuse me, if you're online please, mute yourself for now. The Comprehensive Master Plan shows this as a 2 mixed-use area in the Preferred Land Use Scenario Map. As of today’s date, the Planning and Zoning Division has received zero written protests and zero inquiries pertaining to this Case. Based on the land use and zoning considerations, findings of fact, conclusions of law, regulations established in the Zoning Ordinance, materials provided, and testimony received, I'm asking the Planning and Zoning Commission to make a motion and vote on this case 24- 007 SUP. And Bud Kunkel is here to speak in favor of this case. I stand for questions. Chair Storey: Any questions for Merideth? Thank you Merideth. Anyone wishing to speak in favor of this case please step forward state your name and address please. Favor: Bud Kunkel: Bud Kunkel, 6 Mercedes Court, Roswell, New Mexico. I'm here to present this on behalf of Emanuel Lutheran Church and School. The school has been there about 16 years. If you'll look closely, and Merideth brought this to my attention um so good job staff, thank you, there is not the word school in R-3 Zoning. You've got a lot of other things in there but not school. And if we if the church and school intend to get State accreditation, being proactive we decided that it would be a good idea to ensure that we have a Special Use Permit allowing the school there because we didn't want the state coming back and saying well you've got a school there but it's not in zoning so shut it down. So that's why we're here today. Chair Storey: Any questions of Bud? Commissioner McDaniel: Pretty simple. Chair Storey: Thank you. Bud Kunkel: Thank you, appreciate it. Chair Storey: Anyone else in the audience wishing to speak in favor of case 24- 007? Anyone in the audience wishing to speak against Case 24-007? Anyone against it? Being none, I would accept a motion please. Motion – 24-007 SUP Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance, materials presented, and testimony received, Commissioner Lessard MOTIONED to approve Case 24-007 SUP. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. 3 2. Chair Storey introduced CASE 24-008 ZOC Request zone change from ETZ R-S Rural Suburban to City of Roswell I-1 Light Industrial for a 10.00-acre annexation into City of Roswell municipal boundary. Location: 402 E Brasher Road. Chair Storey: Next, we have case number 24-008 which is a request for a zone change from ETZ R-S Rural Suburban to City of Roswell I-1 light industrial for a 10-acre annexation into the City of Roswell Municipal Boundary. Could I have a motion to wave the Reading of the Finding of Facts please. Commissioner Aguilar MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-008 ZOC. SECONDED by Commissioner Lessard. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. Chair Storey: Merideth. Ms. Merideth Hildreth: Presented Case 24-008 ZOC Thank you, Chair Storey, Commissioners. Item number F.2 is zoning case 24- 008 ZOC. It’s a zone change request from ETZ R-S Rural Suburban to City of Roswell I-1 Light Industrial for a 10-acre annexation tract. As you can see, you've seen this case before when it came before you for annexation. The City Council did approve the annexation. So now it's before you for the zone change. Here is an aerial from the Chaves County Assessor’s map and the Zoning Map. As you can see, there's Light Industrial, city zoned Light Industrial in the surrounding neighborhood on both sides of Brasher Road. These are staff photos for the property under consideration for the zone change looking across from the FedEx building. And you can see that corridor there. The building on the first photo is Legendary Services. And the owner of the property under consideration wishes to build something similar to that, a different type of business but in the same kind of industrial use. This is the excerpt from the Comprehensive Master Plan Preferred Land Use Scenario Map. As you can see, the Preferred Land Use Scenario is Light Industrial. On January 23rd, 2024, City of Roswell Planning and Zoning Commission voted six to zero to recommend approval of Zoning Case 23- 007 ANNEX to City Council. And on March 14th, 2024, Roswell City Council approved Ordinance 24-02 to Annex 10-acre tract into the Municipal Boundary, which was the Zoning Case 23- 007 ANNEX. As of today's date, the Planning and Zoning Commission or the Planning and Zoning Office has received zero written protests and zero inquiries regarding zoning case 24-008 ZOC. And we request, staff requests that you review and make a motion and vote on Zoning Case 24-008. I'll just read it. Based on land use and zoning considerations, findings of fact, conclusions of law, regulations established in the zoning ordinance, materials provided, and testimony received, Planning and Zoning Commission is requested to make a motion and vote on Zoning Case 24-008 ZOC. I stand for questions and Juan Carreon is in the audience to speak in favor. 4  Chair Storey: Any questions Commissioners? Commissioner Holman: Just curious, is this a matter of procedure that that we have to do the zone change after the annexation? Ms. Merideth Hildreth: It has to be annexed first and then the zone change occurs. Commissioner McDaniel: A lot of excessive steps. Thank you, Merideth. Chair Storey: Thank you, Merideth. Is there anyone in the audience wishing to speak in favor of case 24-008? Please come forward state your name and address, please. Juan Carreon: Yes, I'm Juan Caron 25 Haley Circle. That's where I live, Roswell. As you guys know, I'm back again, third time, so I mean any questions or anything, I'm here to answer Commissioner McDaniel: We admire your persistence. Commissioner Lessard: We really do. You've really hung in there. I wish you the best in your business. Chair Storey: Any other questions of the applicant? Thank you, sir. Anyone else in the audience wishing to speak in favor of this case? Being none, anybody in the audience against this case? Anybody wishing to speak against this case? Being none, I'd accept a motion. Motion – 24-008 ZOC Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance, materials presented, and testimony received, Commissioner Lessard MOTIONED to approve Case 24-008 ZOC. SECONDED by Commissioner Holman. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. 3. Chair Storey introduced CASE 24-006 CANN: Request for approval of a Variance for property in C-4 with respect to C-2 underlying zoning requirement, Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment. Location: 1407 W 2nd Street 5 Commissioner Holman MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-006 CANN. SECONDED by Commissioner Aguilar A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. Chair Storey: Next, we have Merideth. Ms. Merideth Hildreth: Presented Case 24-006 CANN. Chair Storey, Commissioners. Item number three is Case 24-006 CANN, a request for approval of variances, zone change to CCAN, and a CUP to operate an adult use retail cannabis establishment. I'll go over each of these. In the zoning case there's a request for two variances. So, the first variance is for a property in the C-4 with respect to C-2 underlying zoning requirements. And what that is all about is in the Chapter 27 of the Municipal Code, the Cannabis Chapter, the code was written to allow retail cannabis establishments in the C-2 Zoning District. In your packet you can see where the Zoning Ordinance allows anything in the C-2 to also be allowed in the C-4 Zoning Ordinance. I just put everything in here from the cannabis chapter as well so that you could actually see the language; so that's on page 43 of your Packet. Second variance is a variance request to the residential distance requirements. Again, the Code specifies a 300-foot distance from the establishment to residential. There is residential directly behind the alley of this one, and that seems to be fairly common in our city. There's a request for a zone change to CCAN also as specified in the Chapter 27 of the Municipal Code related to cannabis. The zone change to CCAN - CCAN is a floating Zone; it is Commercial Cannabis Zone. It's a floating zone that is just applied to individual properties where commercial cannabis is approved. And then also a Conditional Use Permit which is in Appendix F of your packet. And this is all to operate an adult use retail cannabis establishment at 1407 West Second Street. Here you can see staff photos of the property under consideration at 1407 West Second Street. This used to be the Tokay Beaded Art Gallery. It does have on-site parking and ample expansion area in the back, but there is paved parking toward the front with one access point to Second Street. This is a map of the Chaves County Assessor’s Map. You can see the surrounding land uses. You can see the Monterey Shopping Center across the street and also commercial properties on the east and west. And, as you can see, the Zoning Map. You can see there's a commercial corridor all along Second Street. And you can also see the Residential Zoning District to the north on the other side of the alley. The Comprehensive Master Plan shows the property in a commercial corridor on West Second Street as well. As of today's date, the Planning and Zoning Division has received zero written protests, and I don't remember receiving any inquiries pertaining to this case. We do have several audience members present who may wish to speak in regard to this case. Based on the land use and zoning considerations, findings of fact, conclusions of law, regulations established in the zoning ordinance, City Ordinance Chapter 27, materials provided, and testimony, Planning and Zoning Commission is requested to make a motion and vote on a recommendation to 6 City Council pertaining to zoning case 24-006 CANN. And when you do make your motion, please put it in the affirmative. If you wish to vote against it, please vote no or nay. I stand for questions. Chair Storey: Any questions for Merideth or the other staff? James? Jessica? You guys got any comments? Ms. Merideth Hildreth: Leonard Salgado is here to speak in favor of the case. Chair Storey: All right, we'll get to that in a minute. Any questions of Merideth? Everybody good? Thank you Merideth. Is there anyone wishing to speak in favor of case 24-006? Please state your name and address, please. Leonard Salgado: That would be me. I'm Leonard Salgado. My address is 335 San Pedro Northeast in Albuquerque. I am here representing OCC ABQ LLC also known as uh Oasis Cannabis. And I'm involved in the business development and expansion for the organization. I am proud to represent the organization because actually one of the members of the company actually is a longtime resident of Roswell and his family has operated a very successful business here for over 40 years, so we definitely have some ties to the community. We're grateful certainly for the oppor- tunity to expand our cannabis business in Roswell, and we do we're doing this actually through a merger with an existing dispensary operator known as South- west Organic Producers. And they are located at 610 West Second Street. So, through this merger we will close that particular location and move to our pro- posed location site at 1407 West Second Street, which is of course approxi- mately eight blocks to the west of the present location. So, we believe that this is a very beneficial move for the company and certainly we recognize that it also I think is in keeping with the preservation of the Historical District for Roswell. So, I think we accomplish a couple of things by moving just west. Certainly, we want to thank Merideth for developing the report and the help of her staff. And certainly, we have provided with her to her any supporting documentation. And with that, we certainly are prepared to comply with her conditions of approval in accor- dance with the ordinances that have been developed and approved by the City of Roswell and of this committee. I would like to share just a couple of things and then certainly I'm open to any questions that you may have. This location is very important to us in many different ways. And it's, we're very excited and anxious to move into this facility through our merger with Southwest Organics. This new location will serve actually as a Southeastern New Mexico Regional Hub because this facility will support other dispensaries that come about through this merger in Clovis, in Portales, and also Hobbs. So, we see a large expansion in the Southwest, I'm sorry Southeast area of the state. We will employ approxi- mately 35 new staff members that will be joining us at this facility. We will be certainly paying a competitive wage of $15 an hour to start. After 90 days, those employees will be eligible for a salary increase, and they'll also be able to participate in the company's other benefits such as medical, dental, and vision care. And they will be eligible after 90 days. These new employees by the way will join our current team of 125 people that we have primarily in the Albuquerque 7 and Farmington areas. So, as I said this, this facility is very, very important to us as we look at regional development of this area. This new facility will also be by the way a training facility for again the new employees that will be joining us from this part of the state. In addition, very quickly here this location will serve, to also serve the over 2500 medical cannabis patients that currently reside in Chaves County. So that's very important to us. And if approved, this location in Roswell will add to the total dispensary network that we have throughout the state, which will be 17 in New Mexico. So let me just kind of wrap things up here a little bit by saying that as I'm sure all of you aware, our industry is very highly regulated from the state level, from the municipality level. From every level you can probably think of we are certainly an industry that gets a lot of attention. And we're used to that being the case. We're a very compliance driven organization. We have to be very transparent in the way we do business. So, from the Department of Health, to the Cannabis Control Division, to every municipality that we operate in, we are very, very transparent. And I just want you all to know that that's just the way we do business. So, let me just summarize very quickly and just say that with the history we already have in Roswell, we're looking to just build on that. We look to build on that through our dispensary here. We want to create jobs. We want to create growth opportunities for the team members that will join us here. Certainly it goes without saying, every time that we make a sale at the adult use level there's tax receipts that we collect, reoccurring receipts that we hope will help the community benefit from. Lastly, we certainly want to bring the very best and the most effective cannabis products to our patients and our customers at the most affordable price possible. And I think the community is going to appreciate that we certainly want to create a professional and safe dispensary environment and really work with anyone, anyone who is interested in getting educated about the medical benefits of using cannabis. And I guess I'll sum it up by saying we're looking forward to being and continuing to be business partners in the community and give back to the City of Roswell and to Chaves County whenever possible. So that's our story; we're sticking to it. We certainly appreciate the opportunity, and I'm open for questions that you may have. Chair Storey: Commissioners, any questions? I think we're good. Appreciate it very much. Leonard Salgado: Thank you, sir. Thank you all. Chair Storey: Is there anyone else in the audience wishing to speak in favor of this case? Anybody else? Is there anybody online wishing to speak in favor of this case? Being none, is there anybody wishing to speak against Case Number 24-006? Yes, sir. Please come forward and state your name and address, please. Gene Dow: My name is Gene Dow. I am with Pecos Valley Broadcasting Company. Our business is at 317 West Quay in Artesia. And we own the building right next door to this proposed location at 1405 West Second Street. And if on your map that is location number 27. What we wanted to make the Commission aware of is that we have a tenant that rents that building from us that operates a 8 private business. It is a boxing training facility for children. It is called Barron Boxing. The owner of it is Silver Barron. They have children as young as six years of age that take classes and work out at that facility. Sometimes, weather permitting, the workouts are on the outside of the building and he'll have anywhere from 15 to 20 kids that will be a part of his boxing program and his training program. The kids currently participate in those classes at Barron Boxing. So, I want to bring that to attention to the Commission. As looking at Section 27.65 A.1 being near schools and other facilities that involve children. We would urge the Commission to consider not approving this particular variance at this particular location due to the fact that we have the boxing school that's in the building right next door to this proposed location. Chair Storey: Thank you, sir. Any questions of this gentleman? Merideth is that a consideration when it talks about being close to schools and things? Does it talk about uses by students or children? Ms. Merideth Hildreth: if you look in your packet, I believe the language is stated. Chair Storey. Commissioners, it's on page 44; it talks about prohibited locations and activities Section 27.65 A.1 “No cannabis related businesses shall be permitted within 300 feet of all schools, parks, churches, recreation facilities, child care facilities, military facilities, senior care facilities, retirement facilities, and medical facilities.” Chair Storey: Any other questions or discussion? Anybody in the audience wishing to speak against this case, or online against this case? Staff, any questions comments of Staff or of the applicant or anybody? Yes, sir. Could you state your name again so we know who's talking please? Leonard Salgado: It's Leonard Salgado. The Section A, I believe to protect the health safety and welfare of the community’s most vulnerable populations particularly children. I would like to state that as an organization, again, we appreciate the fact that we are highly regulated from every state and municipality Department that you could probably think of, including the Department of Health. We're very sensitive certainly to particularly children in the community. I can assure you that we take every public safety, not only inside our facility but outside of our facility. There are cameras throughout the interior and exterior of the facility. We are taking every measure to ensure that the safety of our customers, of our patients, of our employees is well observed and taken care of to the best of our ability. We're a good neighbor wherever we operate and we will do everything in our power to make sure that we are sensitive to our neighbors and whatever activity they are involved in. So, I just want to state that for the record, please. Chair Storey: Thank you, sir. Commissioners, questions? I remind anybody or whoever makes the motion that this motion is to go to the City Council to recommend of approval. I guess the motion can't be for denial because you want an affirmative motion. How do you make a recommendation of 9 no recommendation or a motion of no recommendation? That's our choices, right? Recommend approval, denial, or come forth with no recommendation. Ms. Merideth Hildreth: Chair Storey, Commissioners. That's correct. You can make a recommendation of approval, denial, or no recommendation. Chair Storey: A recommendation of denial is not in the affirmative. Is that correct? We'll take it one step at a time. Whoever makes a motion make it for approval and then we'll see what goes from there. I’ll accept a motion. Commissioner Lessard: Based on the land use and zoning considerations, finding of facts, conclusion of law, surrounding land uses, regulations established in the Zoning Ordinance, Article 27 of the Municipal Code, materials presented, and testimony received, I make a motion to recommend an approval of Zoning Case 24-006 CANN to City Council. Chair Storey: Got a motion by Jana and a second by Steve to recommend to the City Council approval of case number 24-006 CANN. May we have a roll call please? Motion – 24-006 CANN Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance, Article 27 of the Municipal Code, materials presented, and testimony received, Commissioner Lessard MOTIONED to recommend approval of Zoning Case 24-006 CANN to City Council. SECONDED by Commissioner Henderson. A roll call vote was as follows: Saul Aguilar-yes, Jesse McDaniel-no, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-no, David Storey-yes, the motion passed 4-2 with Richard Gutierrez being absent. Ms. Merideth Hildreth: There's four in the affirmative, two in the negative. The motion carries. Chair Storey: Sir you, have the right to appeal to City Council even though it does go to City Council, and we've had this discussion before, you're more than welcome to appear at the City Council. No, never mind. Ms. Jessica Vickers: Just to clarify on that, this is just a recommendation to City Council, so you're welcome to come to City Council and speak, but City Council will then vote. And then, at that point, you could go through with the appeal process. There's really nothing to appeal at this point. Chair Storey: That clear? Okay, that case has gotten a four to two approval from the Commission. Thank you all very much. You're welcome to stick around, or 10  you're welcome to leave, whatever you'd like to do. It's pretty exciting stuff we do here. Now we have other business. G. OTHER BUSINESS 1 & 2. Chair Storey introduced Other Business, Commissioner Position 5 and Commissioner Position 6. Ms. Merideth Hildreth: Two applicants submitted applications to the City Clerk. Alicia Gilmore spoke to the Commission during the public comment period at last month’s meeting. Todd Taylor is in the audience. The Planning and Zoning Commission may make a recommendation to the Mayor and City Council on both Position 5 and Position 6. Todd Taylor: Addressed the Commission, spoke about his experience as realtor and developer, and would like to serve on the Commission. Motion – Item G.1 Planning & Zoning Commissioner Recommendation Position 5 Commissioner McDaniel MOTIONED for Todd Taylor to fill Position Number 5 for the term of 4.1.2024 to 3.31.2028. SECONDED by Commissioner Lessard. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. Motion – Item G.2 Planning & Zoning Commissioner Recommendation Position 6 Commissioner McDaniel MOTIONED for Alicia Gilmore to fill Position Number 6 for the term of 4.1.2024 to 3.31.2028. SECONDED by Commissioner Lessard. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. H. PUBLIC COMMENTS None. I. ANNOUNCEMENTS None. J. ADJOURN Chair Storey adjourned the meeting at 6:48 p.m. 11