Planning & Zoning Commission
Regular MeetingRoswell, NM · June 28, 2016
Minutes
Roswell Planning & Zoning Commission Minutes
Tuesday, June 28, 2016 - 6:00 PM
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
Chair: Ralph Brown, Vice Chair: Riley Armstrong
Members: Shirley Childress, Toby Gross, David Storey,
Kent Taylor, Jessie McDaniel
Planning Staff: Merideth Hildreth, AICP
William Morris, AICP, CZO
Louis Najar, PE
A. CALL TO ORDER AND WELCOME – Chair Ralph Brown
A regular meeting of the Planning & Zoning Commission was called to order at
approximately 6:00 p.m. by Chair Brown with the following members present:
B. ROLL-CALL
Ralph Brown (Chair) PRESENT
Riley Armstrong (Vice Chair) PRESENT
Toby Gross PRESENT
Shirley Childress PRESENT
David Storey PRESENT
Kent Taylor PRESENT
Jesse McDaniel PRESENT
Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator;
and William Morris, AICP, CZO, Planning Manager.
C. SWEARING IN: Chair Brown swore in staff and members of the audience.
D. APPROVAL OF THE AGENDA
MOTION to Approve the Agenda by Commissioner Gross.
Second by Commissioner Childress.
The motion passed by a vote of seven to zero.
E. MINUTES: Consider approval of the May 24, 2016 minutes.
MOTION to Approve the May 24, 2016 Minutes by Commissioner Gross.
Second by Commissioner Armstrong.
The motion passed by a vote of seven to zero.
Planning & Zoning Commission
Page 1 of 5 June 28, 2016 Minutes
F. PUBLIC HEARING ITEMS:
1. CASE 16-06 (VAR): A Request for Zone Change from R-3 to R-4, Lots 1 & 2,
13 through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215,
3217 and three lots north of 3217 and two lots north of 3218 North
Richardson Avenue, J&J Campbell Real Estate, Inc/Owner.
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-06 by Commissioner Armstrong.
Second by Commissioner Childress.
The motion passed by a vote of seven to zero.
Commissioner Armstrong asked to recuse himself from Case 16-06.
Chair Brown: Is there anyone wishing to speak in favor of 16-06?
Todd Wagener with Wagener Surveying and Engineering, the surveyor and
engineer for the project spoke: Addressed the Commission about all three Cases
to be presented since they concerned the same properties. When FEMA
changed the designation of the flood zone, it stopped development altogether.
We did some of these same units on Sherrill Lane. By changing to R-4, the
developer can build the attached units back farther from street and on smaller
lots. Otherwise, development will not be able to occur. In order to develop these
lots, the new homes must be built toward the back of the lots, and the floors will
have to be raised about three feet off the ground, due to the flood zone
designation. The garage can be at a lower grade with a step into the house. A
stem wall of two to two and one-half feet will be raised above the foundation and
the rest of the structures will be stucco. On the west side of lot 1, the variance
request is to allow construction of two to two and one-half feet into the side yard
setback. Otherwise the developer will have to reduce the floor plan bedroom size
too much on that corner lot. There won't be any problem with clear site triangle
because they will landscape to the property line instead of creating a fence on
the north property line. The flood zone re-designation changed everything
because a developer can’t add the required fill to the lots and include a garage
without setting the house toward the rear of the lots.
Commissioner Storey: Is the setback variance request on the Berrendo side?
Mr. Wagener: It is on the Berrendo side. If there were no re-plat dedicating a ten-
foot Right-of-Way on Berrendo, there would be no request for a variance. Without
the variance, we will not be able to build the three units.
Commissioner Storey: Does the owner know that Berrendo is in the works to be
widened?
Mr. Wagener: The garage will be as far away from the property line parallel with
Berrendo as you can get – roughly thirty feet.
Planning & Zoning Commission
Page 2 of 5 June 28, 2016 Minutes
Commissioner Storey: I am in favor of this development.
Commissioner Gross: We are hearing about all three cases.
Mr. Morris: Looking at the zoning map, the zones step up or down. Mr. Storey is
correct that Berrendo is going to be expanded and will carry more traffic.
Chair Brown: Is there anyone wishing to speak against Case 16-06?
Dixie D. Edwards (3214 North Richardson): We had a couple of concerns. We
are excited about having the subdivision built out. If Mr. Campbell decides not to
finish the project, and sells it, where will it stand? We don't quite understand the
rezoning. If they build up the lots on the north, what are our assurances that we
will not be flooded?
Mr. Morris: The rezoning for R-4 will stand. That’s the only type of residential unit
that would work on these lots.
Mr. Wagener: Mr. Campbell will begin with the six units on the east side. They will
take four to six months to build. He will then begin the other six units. This is the
only type of development that can happen. A big apartment complex will not fit
because of the flood plain issue. The City and I believe it should not have been
included in the flood zone, but FEMA found an elevation someplace and
determined the flood elevation at a certain point on the map. Water would have to
come back over the inlet in the Berrendo. These lots will not affect flow. It would
be the same impact with or without building.
Commissioner Taylor commented about the differences in the required minimum
lot size in the R-3 and R-4 zones.
Mr. Wagener: R-4 allows multiple common walls, and there is a difference
between R-3 with minimum lot size of 4,000 square feet and R-4 with a minimum
lot size of 3,000 square feet.
Dirk Decker (3216 North Richardson): During heavy rains, the flow on
Richardson is from south to north. I think this project will exacerbate the amount
of water due to increased elevations and paved surfaces. Had a question about
sidewalks.
Mr. Wagener: The sidewalk will be ADA built on Berrendo.
Chairman Brown: Any appeals will need to be filed with Planning & Zoning prior
to noon on the second business day following the hearing.
Planning & Zoning Commission
Page 3 of 5 June 28, 2016 Minutes
MOTION
Commissioner Gross made a motion to approve Case 16-06 based on
finding of facts, testimony provided, and provisions of law.
Second by Commissioner Childress.
The motion passed by a vote of six to zero. Commissioner Armstrong
recused.
2. CASE 16-07: A Request for Variance of a Street Side Yard Setback,
Lot 1 (Lot 1A on proposed replat) of McDUELL-BROWN
SUBDIVISION, located on the Southwest Corner of North Richardson
Avenue and West Berrendo Road, J&J Campbell Real Estate,
Inc/Owner.
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-07 by Commissioner Armstrong.
Second by Commissioner Childress.
The motion passed by a vote of seven to zero.
Commissioner Armstrong: I need to recuse myself from Case 16-07.
Chair Brown: Is there anyone wishing to speak in favor of 16-07?
None spoke.
Chair Brown: Is there anyone wishing to speak against 16-07?
None spoke.
Any questions on 16-07? To reduce the setbacks on corner
None spoke.
MOTION
Commissioner Storey made a motion to approve Case 16-07 to include the
testimony we heard tonight including testimony given for Case 16-06.
Second by Commissioner Gross.
The motion passed by a vote of six to zero. Commissioner Armstrong
recused.
3. CASE 16-08: J&J SUBDIVISION, A minor resubdivision of Lots 1 & 2, 13
through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215,
Planning & Zoning Commission
Page 4 of 5 June 28, 2016 Minutes
3217 and three lots north of 3217 and two lots north of 3218 North
Richardson Avenue, J&J Campbell Real Estate, Inc/Owner.
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-08 by Commissioner Armstrong.
Second by Commissioner Childress.
The motion passed by a vote of seven to zero.
Commissioner Armstrong asked to recuse himself from CASE 16-08.
Chair Brown: Is there anyone wishing to speak in favor of CASE 16-08?
None spoke
Chair Brown: Is there anyone wishing to speak against of 16-08?
None spoke
Is there a motion to approve this minor resubdivision of lots to create J&J
Subdivision from 8 lots into 12 lots?
MOTION
Commissioner Storey made a motion to approve CASE 16-08 based on
testimony, materials in the packet, and testimony on CASE 16-06.
Second by Commissioner Gross.
The motion passed by a vote of six to zero. Commissioner Armstrong
recused.
G. OTHER BUSINESS
None
H. PUBLIC COMMENTS
None
I. ADJOURN
The meeting adjourned at 6:32 p.m.
Planning & Zoning Commission
Page 5 of 5 June 28, 2016 Minutes
Agenda
Roswell Planning & Zoning Commission Agenda
Tuesday, June 28, 2016 - 6:00 PM
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
Chair: Ralph Brown, Vice Chair: Riley Armstrong
Members: Toby Gross, Shirley Childress, David Storey,
Kent Taylor, Jesse McDaniel
Current Planning Administrator: Merideth Hildreth, AICP
Planning Manager: William Morris, AICP, CZO
Planning & Engineering Director, Louis Najar, P.E.
A. Call to Order
B. Roll-Call
C. Swearing In
D. Approval of the Agenda
E. Minutes
1. Consider approval of the May 24, 2016 minutes.
F. Public Hearing Items
1. CASE 16-06 (VAR): A Request for Zone Change from R-3 to R-4, Lots 1 & 2, 13
through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, 3217 and
three lots north of 3217 and two lots north of 3218 North Richardson Avenue, J&J
Campbell Real Estate, Inc/Owner.
2. CASE 16-07: A Request for Variance of a Street Side Yard Setback, Lot 1 (Lot
1A on proposed replat) of McDUELL-BROWN SUBDIVISION, located on the
Southwest Corner of North Richardson Avenue and West Berrendo Road, J&J
Campbell Real Estate, Inc/Owner.
3. CASE 16-08: J&J SUBDIVISION, A minor resubdivision of Lots 1 & 2, 13 through
18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, 3217 and three lots
north of 3217 and two lots north of 3218 North Richardson Avenue, J&J Campbell
Real Estate, Inc/Owner.
G. Other Business
H. Public Comments
I. Adjourn
Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4
NMSA 1978 and Resolution 15-56.
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.
Printed and posted: June 22, 2016
Planning & Zoning Commission Agenda 1 June 28, 2016
Roswell Planning & Zoning Commission Minutes
Tuesday, May 24, 2016 - 6:00 PM
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
Chair: Ralph Brown, Vice Chair: Riley Armstrong
Members: Shirley Childress, Toby Gross, David Storey,
Kent Taylor, Jesse McDaniel
Planning Staff: Merideth Hildreth, AICP
William Morris, AICP, CZO
Louis Najar, PE
A. CALL TO ORDER AND WELCOME – Chair Ralph Brown
A regular meeting of the Planning & Zoning Commission was called to order at
approximately 6:00 p.m. by Chair Brown with the following members present:
B. Roll-Call
Ralph Brown (Chair) PRESENT
Riley Armstrong (Vice Chair) PRESENT
Toby Gross PRESENT
Shirley Childress PRESENT
David Storey PRESENT
Kent Taylor PRESENT
Jesse McDaniel PRESENT
Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator;
and William Morris, AICP, CZO, Planning Manager.
Chair Brown welcomed the two new commissioners Kent Taylor and Jesse
McDaniel.
C. Swearing In: Chair Brown swore in staff and members of the audience.
D. Approval of the Agenda
Motion to Approve the Agenda by Commissioner Gross
Second by Commissioner Armstrong
The motion passed 7 to 0
Planning & Zoning Commission Page 1 of 5 May 24, 2016 Minutes
E. Minutes: Consider approval of the March 22, 2016 minutes
Motion to Approve the April 26, 2016 Minutes as written by Commissioner
Gross
Second by Commissioner Armstrong
The motion passed 7 to 0
F. Public Hearing Items
1. CASE 16-05 (VAR) Request for a Variance for Rear Yard Setback and
Coverage of over forty percent of Rear Yard Setback for Accessory
Structure; WEST SIDE, Block 53, Lot 6 AND Lot 7, S: 32 T: 10S R: 24E
- known as 600 North Pennsylvania Avenue (Rita Ballou, LLC/Owner
& Adriann Ragsdale/Agent).
Exhibits Attached: (A) Application (2 pages); (B) Staff Summary; (C)
Letter Notifying Surrounding Property Owners; (D) List of Property
Owners Notified; (E) Chaves County Assessor’s Map Identifying
Properties with the Notification Area; (F) Aerial Map of Property
Requesting Variance; (G) Photos of Property; (H) Site Plan; (I) Drawings
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-05 by Commissioner Armstrong
Second by Commissioner Childress
The motion passed 7 to 0
Chair Brown asked if anyone in favor of Case 16-05 wished to speak.
Luke Ragsdale: 1 Desert Rose in Roswell
My wife and I are owners of 600 North Pennsylvania, the subject of this variance.
I'm happy to say business is good. So, we need an additional conference room.
We want to raze part of an accessory building and rebuild and extend it. We will
retain the same amount of parking. Mr. Ortega is here, our contractor. I see that
staff has recommended approval and we are asking for approval as well.
Ms. Hildreth: We have received additional information this week from the
contractor. The entire accessory building may be razed including the existing
garage due to damage from the snow storm. The owners would like the rebuild to
be in its current location or possibly rebuild the accessory structure no farther
than five feet from the north property line.
Mr. Morris: This accessory structure with its rebuild and addition is in keeping
with community character. This is a situation where a property owner is
reinvesting in the historic district and using the building. It's an adaptive reuse.
What they are proposing has an interesting facade, not just a box. The design is
in character with the density and with the neighborhood. The rear yard setback
coverage will exceed forty percent.
Planning & Zoning Commission Page 2 of 5 May 24, 2016 Minutes
Chair Brown asked if anyone in wished to speak against Case 16-05. There were
none.
Commissioner Armstrong made a motion based on findings of fact,
testimony, and staff recommendation to approve case 16-05
Second by Commissioner Childress
The motion passed 7 to 0
2. PROPOSED TEXT AMENDMENT to the City of Roswell Zoning
Ordinance; Consideration of Recommending Approval for
Modification of ARTICLE 17: C-4 COMMERCIAL BUSINESS DISTRICT
Section 8: Sanitation Dumpsters, Grease Bin, and Enclosure
Requirements specifying new requirements
Article 22 Building and Performance Standards
Section 12. Dumpsters and Grease Bins (New Section)
A. All sanitation dumpsters and grease bins in all commercial districts shall be
constructed as shown below.
B. All sanitation dumpsters shall be enclosed on three sides with walls no less than
six feet (6’) in height constructed with consistent masonry building materials used on
the main commercial property.
1. For properties where the rear property line is along an alley, enclosure openings
shall abut the rear property line (at a right angle OR at a 15 degree angle facing
N/S/E/W according to the Sanitation Department’s route plan for service) and be
located away from high-traffic public areas, such as eating tables. Properties which
are not abutting an alley shall locate the dumpster towards the rear of the site, and
in a manner that is acceptable with the Sanitation Department.
Mr. Morris: Last meeting we brought the text amendment to the Planning &
Zoning Commission. Commissioner Storey brought up a question about wording
in Section B1 – the yellow paragraph in front of you. The north end of town and
some other areas have no alleys. The text in the highlighted paragraph was
modified to allow the requested flexibility. We are looking for approval of the text
if it meets the intent.
Commissioner Storey: Where does it go next?
Mr. Morris: Back to Legal Committee and then to City Council.
Commissioner Storey made a motion to approve the text amendment
Second by Commissioner Armstrong
The motion passed 7 to 0
Planning & Zoning Commission Page 3 of 5 May 24, 2016 Minutes
3. PROPOSED TEXT AMENDMENT to the City of Roswell Zoning
Ordinance; Consideration of Recommending Approval for
Modification of ARTICLE 6: R-S RURAL SUBURBAN DISTRICT,
specifically, creating a new Special Use for Accessory Retail in the R-
S zoning district to allow the sale of products associated with
homemade food and craft products and collectables. (Attachment – 2
Pages.)
ARTICLE 6: R-S RURAL SUBURBAN DISTRICT
Section 2. Use Regulations
B. Special Uses are as follows:
16. Accessory retail, which shall be limited to no more than one thousand (1,000)
square feet of interior space and two thousand (2,000) square feet of outdoor
space, and must be accessory to a permitted use onsite. The products sold shall
be limited to those associated with homemade food and craft products and
collectables. There shall be a minimum of 5 parking spaces which may remain
unpaved.
Mr. Morris: This came up as a request by the Code Review committee to add
accessory retail to existing uses in the R-S (Rural Suburban) Zoning District. R-
S is the most rural district we have in zoning. It is Semi-Agricultural with 2.5 acre
minimum lots. Uses by right are listed. Special uses require P&Z approval. We
have some businesses approved. There is a horse operation on the north side
and they would like to sell hay, and tack. There must be an existing business to
obtain a special use permit. The additional Special Use this text amendment
would allow a secondary use that can utilize up to 1,000 square feet for
homemade food, crafts, and collectables. In keeping with the “countryesque”
character, five unpaved parking spaces will be required. This zone is not for
uses such as tractor supplies. That's not what we are looking for.
Commissioner Storey: This text seems very restrictive. I would suggest to leave
it out. Maybe put something in that says compatible with primary use.
Mr. Morris: Motion could include to modify or delete that sentence.
Commissioner Storey: I have a question about the unpaved parking spaces.
Morris: This is a rural area, not an urban setting. The retail area would
accommodate up to 1,000 square feet with five parking spaces. The owner will
be required to tell us where the parking is located.
Commissioner Storey: Is this coming from Staff?
Mr. Morris: It was brought forth by Code Rewrite Group. It gives these little uses
an income stream. I don't anticipate many of these.
Planning & Zoning Commission Page 4 of 5 May 24, 2016 Minutes
Commissioner Armstrong: There is no accessory retail right now?
Mr. Morris: You can have airports, oil and gas, correctional facilities. We're just
talking about an add on to another special use.
Commissioner Gross: Is this what you really want, Bill?
Commissioner Storey: Landfills are allowed in R-S. Do we have much R-S?
Morris: North of Pine Lodge.
Commissioner Taylor: Another R-S section is northeast by the Country Club.
Commissioner Brown: Will it go to Council or Legal Committee first?
Mr. Morris: It will go to Legal Committee then to Council.
Commissioner Storey made a motion to approve the text amendment to
add accessory retail to the R-S District as a Special Use as presented.
Second by Commissioner Gross
The motion passed 7 to 0
G. Other Business
Commissioner Taylor: Mr. Chairman, did we ever get sworn in as
Commissioners?
Commissioner Storey: I think being approved by Mayor and Council makes the
Planning & Zoning Commissioners official.
H. Public Comments
None
I. Adjourn
The meeting adjourned at 6:26 p.m.
Planning & Zoning Commission Page 5 of 5 May 24, 2016 Minutes
EXHIBIT A: STAFF SUMMARIES FOR
CASE 16-06 ZONE CHANGE
CASE 16-07 VARIANCE
CASE 16-08 MINOR RESUBDIVISION
3200 BLOCK OF NORTH RICHARDSON AVENUE
Roswell Planning & Zoning Commission
Tuesday, JUNE 28, 2016
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
All three cases on the agenda are submitted by the same owner and agent for
the same proposed development area. Please find details for all three cases in
this Staff Summary.
APPLICATION: CASE 16-06 REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
Legal Description: Lots 1 & 2, 13 through 18 of McDUELL-BROWN
SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and
two lots north of 3218 North Richardson
Request: Request for a zone change from R-3 Residential District to R-4 Residential
District.
APPLICATION: CASE 16-07 REQUEST FOR A VARIANCE – TO REDUCE THE
SETBACK ON A CORNER LOT STREET SIDE YARD
Legal Description: Lot 1 (Lot 1A on proposed replat)of McDUELL-BROWN SUBDIVISION,
located on the Southwest Corner of North Richardson Avenue and West
Berrendo Road
Request: Request for a 2.2 foot side yard variance to the required twenty-five foot street
side yard variance.
APPLICATION: CASE 16-08 MINOR RESUBDIVISION OF LOTS IN MC DUELL-
BROWN SUBDIVISION TO CREATE J&J SUBDIVISION
Legal Description: Lots 1 & 2, 13 through 18 of McDUELL-BROWN
SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and
two lots north of 3218 North Richardson
Request: Request for a Minor Resubdivision to create the J&J Subdivision with twelve
(12) lots from eight (8) existing lots in the McDuell-Brown Subdivision.
Planning & Zoning, 16-06 Page 1 of 7 June 28, 2016
Owner: J&J Campbell Real Estate, Inc.
Agent: Todd P. Wagener, Wagener Engineering
Address: 3200 Block of North Richardson Avenue
(North Richardson Avenue and Berrendo Road)
BERRENDO ROAD
II. SITE DATA:
Site Area: 1.21 ± acres in the
McDuell-Brown Subdivision
UPC: 4135059475013 (Lot 1)
4135059475019 (Lot 2)
4135059492013 (Lot 13)
4135059492019 (Lot 14)
4135059492024 (Lot 15)
4135059492029 (Lot 16)
4135059492034 (Lot 17)
4135059492039 (Lot 18)
Existing Land Use: Residential - Vacant
Proposed Land Use: Residential Town Homes
Existing Zoning: R-3
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Farmland R-S
South Residential Townhomes R-3
East Bank and Commercial Entity C-2
West Mobile Home Park MHC
Planning & Zoning, 16-06 Page 2 of 7 June 28, 2016
Zoning Map
III. INTENT OF PETITION:
CASE 16-06 REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
Legal Description: Lots 1 & 2, 13 through 18 of McDUELL-BROWN
SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and
two lots north of 3218 North Richardson
Request: Request for a zone change from R-3 Residential District to R-4
Residential District.
The applicant is requesting a zone change from R-3 Residential District to R-4 Residential
District in order to build town homes on smaller lots. The purpose of the zone change request
is to enable the developer to increase the number of developable lots (through a replat)
thereby decreasing the lot size below the R-3 minimum lot size requirement.
City of Roswell Zoning Ordinance 15-09 as amended July 9, 2015, Article 21: Development
Standards specifies minimum lot sizes required for each residential zoning district.
The minimum lot size for a townhouse in R-3 is 4,000 square feet per unit.
The minimum lot size for a townhouse in R-4 is 3,000 square feet per unit.
As currently platted, each of the interior lots is approximately 5,815 square feet in area.
The proposed replat (Case 16-08) will increase the number of lots from eight (8) to twelve
(12), thereby decreasing the size of the lots to under 4,000 square feet.
According to the applicant, a change in the 2009 Flood Zone requires substantial fill be
placed on the lots before development can occur. This requirement adds to the cost of
development. The creation of additional lots makes this proposed development financially
viable.
Planning & Zoning, 16-06 Page 3 of 7 June 28, 2016
IV. FINDINGS OF FACT (CONCLUSION OF LAW):
CASE 16-06 REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
1. The Planning and Zoning Commission shall make a motion to approve or deny this
application based on these Findings of Fact or material introduced at the meeting.
2. These eight (8) lots under consideration for rezoning are located in R-3 Residential
Zoning District on a block that has been developed with townhomes.
3. The development area is located in the AE Flood Zone and will require fill in order for
development to occur.
6. The applicant is requesting a zone change from R-3 to R-4 in order to create a higher
density development.
7. The proposed development plan will replat the existing eight (8) lots to create twelve
(12) lots. The proposed replat includes:
Redivision of two lots into three lots on the west side of North Richardson Avenue;
Redivision of six lots into nine lots on the east side of North Richardson Avenue.
8. Case 16-08 Minor Resubdivision is scheduled for a public hearing at this meeting
held by the Planning & Zoning Commission.
9. The proposed townhome development will be compatible in density and character
with the existing townhome development on block.
10. C-2 Commercial District abuts the proposed townhome development on the east and
a high density MHC Mobile Home Community District abuts the development on the
west. Berrendo Road, classified as a Minor Arterial, separates the proposed
development from the R-S Rural Suburban Zone to the north.
V. STAFF RECOMMENDATION:
CASE 16-06 REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
Based on the findings of fact, the nature of the proposed development, and the
regulations established in the Zoning Ordinance, Staff recommends approval of
CASE 16-06 to authorize the requested zone change from R-3 Residential to R-4
Residential.
Planning & Zoning, 16-06 Page 4 of 7 June 28, 2016
VI. INTENT OF PETITION:
CASE 16-07 REQUEST FOR A VARIANCE – TO REDUCE THE
SETBACK ON A CORNER LOT STREET SIDE YARD
Legal Description: Lot 1 (Lot 1A on proposed replat) of McDUELL-BROWN
SUBDIVISION, located on the Southwest Corner of North Richardson Avenue
and West Berrendo Road
Request: Request for a 2.2 foot side yard variance to the required twenty-five foot
street side yard variance.
Applicant is requesting a Variance for a corner lot from the required Side Yard
Setback (on the Berrendo Road side of the property). Berrendo Road is classified as
a Minor Arterial under the City’s Functional Street Classification Plan. R-3 and R-4
corner lots abutting an arterial are required to observe a twenty-five (25) five foot
street side yard setback. Applicant is requesting a setback variance of two feet and
two inches (2.2 feet) in which to build. If allowed to build in the setback, the building
would be constructed twenty-two feet ten inches (22.10 feet) from the property line
parallel to Berrendo Road.
VII. FINDINGS OF FACT (CONCLUSION OF LAW):
CASE 16-07 REQUEST FOR A VARIANCE – TO REDUCE THE
SETBACK ON A CORNER LOT STREET SIDE YARD
1. The Planning and Zoning Commission shall make a motion to approve or deny
this application based on these Findings of Fact or material introduced at the
meeting.
2. The property owner is requesting a variance for Lot 1 in McDuell-Brown
Subdivision. This lot is included in Case 16-06 Zone Change and Case 16-08
Minor Resubdivision.
3. The Minor Resubdivision (J&J Subdivision) going before the Planning & Zoning
Commission under Case 16-08 shows a dedication of a ten (10) foot additional
Right-of-Way. Before dedication of the Right-of-Way, the original property line is
located ten (10) additional feet to the north. If there were no dedication of Right-
of-Way, a setback variance would not be requested.
4. The garage and off street parking area are located outside the twenty-five (twenty-
five) foot setback area. (See the detailed site plan) A fence will be constructed
along the property line parallel to Berrendo Road.
VIII. STAFF RECOMMENDATION:
CASE 16-07 REQUEST FOR A VARIANCE – TO REDUCE THE
SETBACK ON A CORNER LOT STREET SIDE YARD
Based on the findings of fact, the nature property, and the regulations established in
the Zoning Ordinance, Staff recommends approval of CASE 16-07 to authorize the
requested corner lot street side yard variance to allow construction to occur within
two feet two inches (2.2 feet) of the side yard setback.
Planning & Zoning, 16-06 Page 5 of 7 June 28, 2016
IX. INTENT OF PETITION:
CASE 16-08 MINOR RESUBDIVISION OF LOTS IN MC DUELL-BROWN
SUBDIVISION TO CREATE J&J SUBDIVISION
Legal Description: Lots 1 & 2, 13 through 18 of McDUELL-BROWN SUBDIVISION,
known as 3213, 3215, 3217 and three lots north of 3217 and two lots north of 3218
North Richardson
Request: Request for a Minor Resubdivision to create the J&J Subdivision
with twelve (12) lots from eight (8) existing lots in the McDuell-
Brown Subdivision.
X. FINDINGS OF FACT (CONCLUSION OF LAW):
CASE 16-08 MINOR RESUBDIVISION OF LOTS IN MC DUELL- BROWN
SUBDIVISION TO CREATE J&J SUBDIVISION
1. The Planning and Zoning Commission shall make a motion to approve or deny
this application based on these Findings of Fact or material introduced at the
meeting.
2. The proposed townhome development plan includes a replat of the existing eight
(8) lots to create twelve (12) lots. The proposed replat includes:
Redivision of two lots into three lots on the west side of North Richardson Avenue;
Redivision of six lots into nine lots on the east side of North Richardson Avenue.
3. The development area is located in the AE Flood Zone and will require fill in order
for development to occur.
4. The proposed townhome development will be compatible in density and character
with the existing townhome development on the block.
5. The replat includes the dedication of a ten (10) foot Right-of-Way parallel to
Berrendo Road.
6. The recommendation of the Planning & Zoning Commission will be forwarded to
the City Council for final approval and signature of the Minor Resubdivision of the
specified lots in McDuell-Brown Subdivision to create J&J Subdivision.
XI. STAFF RECOMMENDATION:
CASE 16-08 MINOR RESUBDIVISION OF LOTS IN MC DUELL- BROWN
SUBDIVISION TO CREATE J&J SUBDIVISION
Based on the findings of fact, the nature of the proposed development, and the
regulations established in the Zoning Ordinance, Staff recommends approval of
CASE 16-08 for a Minor Subdivision to create twelve (12) lots from eight (8) lots and
dedication of an additional ten (10) foot Right-of-Way.
Planning & Zoning, 16-06 Page 6 of 7 June 28, 2016
XII. LIST OF EXHIBITS FOR ALL THREE CASES 16-06, 16-07, & 16-08
EXHIBIT A: STAFF SUMMARIES FOR
CASE 16-06 ZONE CHANGE
CASE 16-07 VARIANCE
CASE 16-08 MINOR RESUBDIVISION
EXHIBIT B: APPLICATION FOR CASE 16-06 ZONE CHANGE
EXHIBIT C: APPLICATION FOR CASE 16-07 VARIANCE (2 PAGES)
EXHIBIT D: APPLICATION FOR CASE 16-08 MINOR RESUBDIVISION
EXHIBIT E: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTIES
UNDER CONSIDERATION FOR ZONE CHANGE IN CASE 16-06
AND RESUBDIVISION IN CASE 16-08
EXHIBIT F: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR
CASES 16-06 AND 16-08
EXHIBIT G: LIST OF PROPERTY OWNERS NOTIFIED FOR CASES 16-06 AND
16-08
EXHIBIT H: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTIES
NOTIFIED OF PUBLIC HEARING FOR ZONE CHANGE CASE 16-06,
VARIANCE CASE 16-07, & MINOR RESUBDIVISION CASE 16-08
EXHIBIT I: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR
CASE 16-07
EXHIBIT J: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY
UNDER CONSIDERATION FOR VARIANCE IN CASE 16-07
EXHIBIT K: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-07
EXHIBIT L: DETAIL SHOWING VARIANCE REQUEST FOR CASE 16-07
EXHIBIT M: J&J SUBDIVISION FOR CASE 16-08
Planning & Zoning, 16-06 Page 7 of 7 June 28, 2016
EXHIBIT B: APPLICATION FOR CASE 16-06 ZONE CHANGE
EXHIBIT C: APPLICATION FOR CASE 16-07 VARIANCE (PAGE 1)
EXHIBIT C: APPLICATION FOR CASE 16-07 VARIANCE (PAGE 2)
EXHIBIT D: APPLICATION FOR CASE 16-08 MINOR RESUBDIVISION
EXHIBIT E: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTIES UNDER
CONSIDERATION FOR ZONE CHANGE IN CASE 16-06 & RESUBDIVISION IN CASE 16-08
AREA MAP REGARDING CASES 16-06 & 16-08
(Lots shaded in pink are under consideration of a Zone Change Request from R-3 to R-4
and Redivision from 8 lots to 12 lots
EXHIBIT F: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASES 16-06 & 16-08
LETTER SENT VIA CERTIFIED MAIL ON JUNE 8, 2016 TO SURROUNDING PROPERTY OWNERS
City of Roswell
Planning & Zoning Office
PO Box 1838
Roswell, NM 88202-1838
Telephone: (575)637-6294 Fax: (575) 624-6820
JUNE 8, 2016
RE: PUBLIC HEARING NOTICE for CASE 16-06: Application for a Zone Change
AND Case 16-08: Application for J&J Subdivision
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 Planning and
Zoning Case Number 16-06. The Property Owner is requesting a Zone Change from R-3 to R-4
(Residential District) Zone. Case 16-08: J&J Subdivision - Resubdivision of eight (8) existing lots
into twelve (12) lots.
PROPERTY LOCATION: 3200 Block of North Richardson Avenue
LEGAL DESCRIPTION: Subd: MC DUELL-BROWN Lots 1, 2, 13, 14, 15, 16, 17, 18 S:20 T: 10S R: 24E
OWNER OF PROPERTY: J&J Campbell Real Estate, Inc. ZONING DISTRICT: R-3
The City of Roswell Planning and Zoning Commission will hear public comments on the
above cases on TUESDAY, JUNE 28, 2016 at 6:00 p.m., in the Bassett Auditorium at the Roswell
Museum and Art Center located at 100 West 11th Street. You are entitled, although not
obligated, to comment either in writing to our office or in person at the hearing.
To be considered, written protests must be submitted to the Planning and Zoning
Office no later than noon on the working day prior to the Planning and Zoning Commission
meeting. Providing written input to the Planning and Zoning Office at least seven days prior
to the hearing will allow your concerns to be addressed in the Staff Report. Written
comments may be delivered to the Planning & Zoning Office or sent to: Current Planning
Administrator, PO BOX 1838, Roswell, NM 88202-1838 or m.hildreth@roswell-nm.gov.
You are invited to inspect the information packet in detail at the Planning & Zoning
Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The
information packet will be available after 1:00 p.m., on Wednesday, June 22, 2016. Copies of
the information packet may be obtained from the Planning and Zoning Office at a cost of 35
cents per sheet, or viewed online at www.roswell-nm.gov. The Zoning Ordinance is available
online at: https://www.municode.com/library/nm/roswell/codes/code_of_ordinances
Any person requiring special accommodations to attend or participate in this Public
Hearing is asked to contact the City of Roswell Human Resources Department (575) 637-6242 at
least 24 hours prior to the hearing. Please call 575.637.6294 with questions on this matter.
Case 16-08 will also be heard by City Council for a final decision at the regularly
scheduled Council Meeting to be held on July 14, 2016.
Respectfully,
Merideth Hildreth, M.A., AICP
Current Planning Administrator (Area Map on Reverse Side)
EXHIBIT G: LIST OF PROPERTY OWNERS NOTIFIED FOR CASES 16-06 & 16-08
JOHN CLIFFORD HENRY DIXIE DIANE EDWARDS
SALLY MAY SANFORD
Or current owner
Or current owner
207 N. UNION, SUITE C 3214 N. RICHARDSON AVE.
ROSWELL, NM 88201 ROSWELL, NM 88201
FIRST NATIONAL BANK LEE M. ROGERS, III
Or current owner Or current owner
P.O. BOX 1857 3211 N. RICHARDSON AVE.
ROSWELL, NM 88202 ROSWELL, NM 88201
TED D. PARSONS KENNETH GRAFE
APRIL BELLINI PARSONS
Or current owner
Or current owner
6309 SAGE HILL CT NW 3218 N. RICHARDSON AVE.
ALBUQUERQUE, NM 87120 ROSWELL, NM 88201
MARTHA R. MURPHY TRUST
ELIZABETH ARMENDARIZ C/O MARTHA R. & MARK BERTRAM MURPHY
Or current owner CO-TRUSTEES
3208 N. RICHARDSON AVE. Or current owner
5 Bayou Court
ROSWELL, NM 88201 Roswell, NM 88201
WENDELL R. WAKEFIELD ZETTLEMOYER LIVING TRUST
C/O MARGIE S. ZETTLEMOYER, TRUSTEE
Or current owner
Or current owner
2708 N. ATKINSON AVE. 3216 N. RICHARDSON AVE.
ROSWELL, NM 88201 ROSWELL, NM 88201
TERESSA HARRIS HEATHER A. YOUNGMAN
Or current owner Or current owner
3207 N. RICHARDSON AVE. 206 W. BERRENDO RD.
ROSWELL, NM 88201 ROSWELL, NM 88201
LARRY A. GARNER NETA M. JENNINGS
BEVERLY GARNER
Or current owner
Or current owner
3210 N. RICHARDSON AVE. 3212 N. RICHARDSON AVE.
ROSWELL, NM 88201 ROSWELL, NM 88201
PEARSON OIL CO., INC.
J&J CAMPBELL REAL ESTATE INC
Or current owner
9 NORTH SYCAMORE COURT
P.O. BOX 1288
ROSWELL, NM 88201
HOBBS, NM 88241
EXHIBIT H: CHAVES COUNTY ASSESSOR'S MAP IDENTIFYING
PROPERTIES NOTIFIED OF PUBLIC HEARING FOR ZONE CHANGE
CASE 16-06, VARIANCE CASE 16-07, & MINOR RESUBDIVISION CASE
16-08
EXHIBIT I: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-07
LETTER SENT VIA CERTIFIED MAIL ON JUNE 8, 2016 TO SURROUNDING PROPERTY OWNERS
City of Roswell
Planning & Zoning Office
PO Box 1838
Roswell, NM 88202-1838
Telephone: (575)637-6294 Fax: (575) 624-6820
JUNE 8, 2016
RE: PUBLIC HEARING NOTICE for CASE 16-07: Application for a Variance
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 Planning and
Zoning Case Number 16-07. The Property Owner is requesting a Variance to build 2.2 feet
into the required Side Yard Setback on the street side of a Corner Lot.
PROPERTY LOCATION: 3200 Block of North Richardson Avenue, Lot on the southwest corner
of Berrendo Road and Richardson Avenue.
LEGAL DESCRIPTION: Subd: MC DUELL-BROWN Lot 1
OWNER OF PROPERTY: J&J Campbell Real Estate, Inc. ZONING DISTRICT: R-3
The City of Roswell Planning and Zoning Commission will hear public comments on the
above case on TUESDAY, JUNE 28, 2016 at 6:00 p.m., in the Bassett Auditorium at the Roswell
Museum and Art Center located at 100 West 11th Street. You are entitled, although not
obligated, to comment either in writing to our office or in person at the hearing.
To be considered, written protests must be submitted to the Planning and Zoning
Office no later than noon on the working day prior to the Planning and Zoning Commission
meeting. Providing written input to the Planning and Zoning Office at least seven days prior
to the hearing will allow your concerns to be addressed in the Staff Report. Written
comments may be delivered to the Planning & Zoning Office or sent to: Current Planning
Administrator, PO BOX 1838, Roswell, NM 88202-1838 or m.hildreth@roswell-nm.gov.
You are invited to inspect the information packet in detail at the Planning & Zoning
Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The
information packet will be available after 1:00 p.m., on Wednesday, June 22, 2016. Copies of
the information packet may be obtained from the Planning and Zoning Office at a cost of 35
cents per sheet, or viewed online at www.roswell-nm.gov. The Zoning Ordinance is available
online at: https://www.municode.com/library/nm/roswell/codes/code_of_ordinances
Any person requiring special accommodations to attend or participate in this Public
Hearing is asked to contact the City of Roswell Human Resources Department (575) 637-6242 at
least 24 hours prior to the hearing. Please call 575.637.6294 with questions on this matter.
Respectfully,
Merideth Hildreth, M.A., AICP
Current Planning Administrator (Area Map on Reverse Side)
EXHIBIT J: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER
CONSIDERATION FOR VARIANCE IN CASE 16-07
AREA MAP REGARDING CASE 16-07
(Lot shaded in pink is under consideration of a Variance Request)
EXHIBIT K: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-07
ZETTLEMOYER LIVING TRUST HEATHER A. YOUNGMAN
Or current owner Or current owner
3216 N. RICHARDSON AVE. 206 W. BERRENDO RD.
ROSWELL, NM 88201 ROSWELL, NM 88201
JOHN CLIFFORD HENRY
KENNETH GRAFE
SALLY MAY SANFORD
Or current owner
Or current owner
3218 N. RICHARDSON AVE.
207 N. UNION, SUITE C
ROSWELL, NM 88201
ROSWELL, NM 88201
J&J CAMPBELL REAL ESTATE INC
9 NORTH SYCAMORE COURT
ROSWELL, NM 88201
EXHIBIT L: DETAIL SHOWING VARIANCE REQUEST FOR CASE 16-07
EXHIBIT M: J&J SUBDIVISION CASE 16-08
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