ROSWELL NEW MEXICO
AGENDA ITEM ABSTRACT
AGENDA ITEM ABSTRACT
Item No. 45.
Regular City Council Meeting
- Meeting Date:
- 08/14/2025
COMMITTEE:
Planning & Zoning
CONTACT:
Merideth Hildreth
CHAIR:
Juliana Halvorson
ACTION REQUESTED:
Zoning Case 25-0063 CANN - Consider approval and conduct a public hearing on Retail Cannabis Zoning Case CANN-25-0063 (Closed session possible). (Halvorson/Hildreth)
BACKGROUND:
Initiated by Merideth Hildreth, AICP, Planning & Zoning Administrator
Request for a Variance to Distance from Residential District, Zone Change to CCAN (Commercial Cannabis), and Conditional Use Permit to operate a Retail Cannabis Establishment in the C-2 Zoning District at 3107 N Main Street, Unit B.
CHAPTER 27 - CANNABIS SEC. 27-33. CITY COUNCIL DETERMINATION.
(a) Upon recommendation or disapproval of a zoning request, the council shall hold a public hearing at its next regular meeting after the notice provisions of this section have been met, in order to approve or deny the zoning request.
(d) At the public hearing, the council shall consider the recommendations of the department, the commission, testimony of the applicant and any affected parties, and the comments of the public. Upon completion of the hearing, the council shall vote whether to approve or deny the zoning request. The council may set such reasonable conditions or amendments upon its approval as it may judge appropriate, considering the circumstances. The council's determination shall be based solely on the following criteria: (1) Whether the proposed location meets all of the time, place, and manner restrictions of this chapter and otherwise is not in violation of any city ordinance. (2) Whether the applicant is eligible under state law to operate a cannabis establishment. (3) Whether the particular location would be detrimental to the public health, safety, and welfare of the citizens of the city.
Request for a Variance to Distance from Residential District, Zone Change to CCAN (Commercial Cannabis), and Conditional Use Permit to operate a Retail Cannabis Establishment in the C-2 Zoning District at 3107 N Main Street, Unit B.
CHAPTER 27 - CANNABIS SEC. 27-33. CITY COUNCIL DETERMINATION.
(a) Upon recommendation or disapproval of a zoning request, the council shall hold a public hearing at its next regular meeting after the notice provisions of this section have been met, in order to approve or deny the zoning request.
(d) At the public hearing, the council shall consider the recommendations of the department, the commission, testimony of the applicant and any affected parties, and the comments of the public. Upon completion of the hearing, the council shall vote whether to approve or deny the zoning request. The council may set such reasonable conditions or amendments upon its approval as it may judge appropriate, considering the circumstances. The council's determination shall be based solely on the following criteria: (1) Whether the proposed location meets all of the time, place, and manner restrictions of this chapter and otherwise is not in violation of any city ordinance. (2) Whether the applicant is eligible under state law to operate a cannabis establishment. (3) Whether the particular location would be detrimental to the public health, safety, and welfare of the citizens of the city.
FINANCIAL CONSIDERATION
No financial consideration at this time.
LEGAL REVIEW:
No legal review required at this time.
BOARD AND COMMITTEE ACTION:
Planning & Zoning Commission recommended denial (4-1) of Zoning Case CANN-25-0063 at their meeting on July 1, 2025.
STAFF RECOMMENDATION:
Proceed as presented.