Planning & Zoning Commission
Regular MeetingRoswell, NM · July 26, 2016
Minutes
Roswell Planning & Zoning Commission Minutes
Tuesday, July 26, 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 6:02 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 ABSENT
Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator;
and William Morris, AICP, CZO, Planning Manager; Louis Najar, P.E., Director of
Planning & Engineering
Audience Members Present: Albert Ortega, City Councilor Jason Perry, Larry
Connolly.
C. SWEARING IN: Chair Brown swore in staff and members of the audience.
D. APPROVAL OF THE AGENDA
MOTION to Approve the Agenda as written by Commissioner Gross.
Second by Commissioner Childress.
The motion passed by a vote of six to zero.
E. MINUTES: Consider approval of the June 28, 2016 minutes.
Commissioner Childress pointed out that the spelling of Sherrill Lane was
incorrect in the first paragraph and would like it corrected.
MOTION to Approve the June 28, 2016 Minutes as corrected by
Commissioner Childress.
Second by Commissioner Storey.
The motion passed by a vote of six to zero.
Planning & Zoning Commission July 26, 2016 Minutes
Page 1 of 7
F. PUBLIC HEARING ITEMS:
1. CASE 16-09 (ZC): A Request for Zone Change from MHC to C-2, Lot 1 of VILLA
MOBILE HOME PARK SUMMARY PLAT, known as 301 East 19th Street,
Mellgren/Owner.
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-10 by Commissioner Armstrong.
Second by Commissioner Storey.
The motion passed by a vote of six to zero.
Mr. Morris: This is a request to change zoning from mobile home(MHC), to C-2 to
create medical, possibly out-patient surgical center. Site development criteria will
involve construction of a wall at rear of property. Staff determined this is
consistent with area and recommend approval of zoning change.
Commissioner Gross: Asked Mr. Najar his opinion of the project.
Mr. Najar: We are excited about this development. The project will have to turn in
a drainage plan, sidewalk plan, and total site development plan. I agree with Bill
that it is compatible with the development of commercial and office on 19th.
Chair Brown: Is there anyone wishing to speak in favor of 16-09?
There were none who spoke.
Chair Brown: Is there anyone wishing to speak against or have comments
or questions regarding Case 16-09?
There were none who spoke.
MOTION: CASE 16-09
Commissioner Storey made a motion to approve Case 16-09 based on
finding of facts, testimony provided, and staff comments.
Second by Commissioner Childress.
The motion passed by a vote of six to zero.
Planning & Zoning Commission July 26, 2016 Minutes
Page 2 of 7
2. CASE 16-10 (CUP): A Request for Conditional Use Permit, Lot 7 of FARM
SUBDIVISION, known as 913 Davidson Drive, Ortega/Owner.
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-10 by Commissioner Armstrong.
Second by Commissioner Childress.
The motion passed by a vote of six to zero.
Chair Brown: Is there anyone wishing to speak in favor of 16-10?
Sonia Ortega, residing at 913 Davidson Drive: Asked to approach the dais to
present a letter she wrote and photos she wanted to show the Commission.
Mr. Morris: There is also a letter on the dais in front of you that is retracting an
earlier letter of objection.
Mrs. Ortega: I am seeking to get licensed for up to 12 children for child care (in
my home). I have four (4) children of my own. That’s the reason I want to
increase to twelve (12). I will have more children, but the same amount of traffic.
The neighbor (who originally protested) thought I was going to open a center like
the one down the street. In the past, I watched up to eight (8) children in my
home, but he was not aware of it. He said it wasn't much difference if four (4) of
the children are yours. I'm not going to have twelve (12) extra children above
mine.
Commissioner Armstrong: In the paragraph you wrote that you plan to extend
parking.
Mrs. Ortega: Earlier in the year, we got a bid from a contractor to increase the
driveway. If I'm able to get approved, I can afford to make the driveway bigger.
Commissioner Armstrong: Is it easy access to the area in the back?
Mrs. Ortega: Yes, for ourselves. Not for clients.
Commissioner Taylor: I want clarification on parking. Will clients park in back?
Mrs. Ortega: No. It is a ten-minute drop-off time frame (in the front).
Commissioner Taylor: According to the law, it looks like you will need five (5) off-
street spaces.
Mr. Morris: The concern we always have for daycares is pick-up and drop-off
hours. It is a strange location, in a kind of cul-de-sac on a pie shaped lot. Staff
recommendation is that we look at and monitor the site - with cars coming and
going and not staying all day. Monitor extending the driveway.
Planning & Zoning Commission July 26, 2016 Minutes
Page 3 of 7
Mrs. Ortega: The extension will create up to three (3) spaces in the front and
removal of the fence in front.
Mr. Morris: Staff will support looking at this over a specific period of time with the
City Engineer. Staff could support this with a review time.
Commissioner Taylor: This is a tough (decision) with this site. I’m concerned
about the parking. If staff recommends looking at this and giving it a try.
Mr. Najar: I’m very concerned about drop-off and pick-up and traffic. Mrs. Ortega,
are you saying that you and your family and staff will park in the back?
Mrs. Ortega: The young lady who will be helping me part time will be dropped-off
or picked-up and will not be parking on the site in the front or back.
Mr. Najar: Your helper has two (2) kids?
Mrs. Ortega: She has two (2) children of her own she will be bringing. There’s a
neighbor with three (3) children, and a family member who has three (3) children.
Three different vehicles will pick-up and drop-off.
Commissioner Taylor: (In the Code), Parking (for this use) is three (3) plus one
(1) per three (3) children, that would be seven (7) spaces.
Mrs. Ortega: We could fit up to nine (9) cars.
Commissioner Taylor: The code is probably conservative. I believe the code is
very conservative.
Mr. Najar: Mrs. Ortega, how soon would you widen the driveway? (Place) family
and staff parking in rear. We will evaluate at one (1) month and at six (6) months
on how it is going, and that at six (6) months you will follow through (with
increasing the front drive pad). Do you have your permit (Childcare Permit from
the State)?
Mrs. Ortega: I passed the city inspections from the Fire Marshall, FBI
background, and was waiting for this approval before the final step.
Commissioner Storey: You may consider creating a circular drive, but not certain
you have the room.
Mrs. Ortega: My husband and I talked about that. We would be fine with that.
Chair Brown: any other questions? Thank you very much.
Anyone else wishing to speak in favor of 16-10.
Planning & Zoning Commission July 26, 2016 Minutes
Page 4 of 7
Chair Brown: There was a lot of talking going on regarding reviews.
Mr. Morris: We recommend a one (1) month review and a six (6) month review for
the paving. I agree with the eyebrow pull through but may be a tight geometry.
Commissioner Gross: I think we are addressing a parking issue six (6) months
from now and need to address parking now.
Mr. Najar: Staff and I are trying to be compassionate for their economic needs.
It’s up to the commission.
Commissioner Gross: We can address this to her situation specifically?
Mr. Najar: That is correct. Her kids could grow up and she would have twelve (12)
individual kids. I understand what she is trying to do, and I agree a better
situation could be found somewhere else.
Chair Brown: If this is passed, there are some checks and balances that have to
be fulfilled.
Mrs. Ortega: One more thing I didn't mention. At the first of the year, we were
looking to find a commercial property. Once our income is steady, our goal is to
get into a commercial property within two (2) years.
Chair Brown: Is there anyone wishing to speak against or have comments
or questions regarding Case 16-10?
There were none who spoke.
Chair Brown: Appeals are due in writing before noon on Thursday. The decision
(made by this Commission) can be appealed to City Council.
MOTION: CASE 16-10
Commissioner Armstrong made a motion to approve Case 16-10 with
restrictions of Staff site visits initially during the first month and every
month during the first year and every quarter thereafter, and paved parking
in the front yard for three vehicles within six months, based on finding of
facts and testimony given with the stipulation of working with the City if
there are issues with parking.
Second by Commissioner Storey.
The motion passed by a vote of six to zero.
Planning & Zoning Commission July 26, 2016 Minutes
Page 5 of 7
G. OTHER BUSINESS
1. Discussion of Proposed Text Amendment to Create Office Zoning
District (non-action item).
Mr. Morris: Mr. Chairman, Commissioners, I’ve been looking through the zoning
code and it appears to me we are missing an office district. You have a hand out
that provides some scenarios for including Office Districts.
Offices are usually a daytime use between 8 a.m. and 5 p.m. Offices are the type
of uses that can serve as a buffer between commercial and residential.
Exhibit Two is a common scenario to step down from Commercial to Residential
density. Retail uses often go into the evening.
In some planning agencies, this is called feathering or transitioning. Office is
usually a day-time use while people are away at work during the day.
We have blocks of residentially zoned districts that have some properties that
want to create office type uses. We don’t want to plop commercial zones down in
residential zones. There are properties in R-2 and R-3 that could be developed
for 20,000 or 30,000 square foot office space. These offices could be designed to
be compatible with surrounding residential.
Mr. Morris read a list of types of uses typically found in Office zoning districts.
Commissioner Armstrong: Personally, I know where you are coming from with
this. As realtors, we are encountering this right now. Homes in the downtown
historic district are being converted into office space.
Lubbock is an example. One thing that businesses do is keep property values
higher. I’m for this because I think I know where we need to go in the future with
this. It flows well, and I think it makes sense.
Mr. Morris: An Office District is a tool in the (planning and zoning) toolkit. An area
surrounded by residential can have office projects that look more like residential.
Commissioner Taylor: I like this idea (of a Business District) as well, and we need
it in the zoning code. What became apparent to me is the need for design,
parking and circulation and maybe (the code needs to provide) a little lengthy
and detailed (description) so we can develop these zones the way we want to.
Chair Brown: What do we need to do?
Mr. Morris: Just a general nod (to proceed with developing code for a text
amendment to the Zoning Ordinance).
Chair Brown: Go forth.
Planning & Zoning Commission July 26, 2016 Minutes
Page 6 of 7
H. PUBLIC COMMENTS
Mr. Najar: During August and September, we are repairing the pedestrian bridge
at the Roswell Museum and Art Center (RMAC). You will need to enter through
the (Eleventh) Street side (for the August and September Planning & Zoning
Commission meetings).
You know we have an interim city manager who will be leaving at the end of
August. The City is going to hire a professional temporary firm while a search is
underway.
Until we have a full time city manager, we are going to slow down on code and
ordinance changes, because the flag bearer will be the city manager.
I want to give you kudos on the process tonight –on the way you read the packet
and the ordinance and work with staff.
The City Attorney (Bill Zarr) is leaving in August. (Last day was August 2, 2016).
Deanna Phillips, Director of Public Affairs, is leaving on August 15.
Interim City Manager, Jonathan Phillips, is leaving at the end of August.
Staff will continue to try to do the best for the City and stay professional, and stay
technical.
Commissioner Storey: Merideth, please remind us to use the (Eleventh) Street
entrance at the next meeting.
I. ADJOURN
The meeting adjourned at 6:47 p.m.
Planning & Zoning Commission July 26, 2016 Minutes
Page 7 of 7
Agenda
Roswell Planning & Zoning Commission Agenda
Tuesday, July 26, 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 June 28, 2016 minutes.
F. Public Hearing Items
1. CASE 16-09 (ZC): A Request for Zone Change from MHC to C-2, Lot 1 of VILLA
MOBILE HOME PARK SUMMARY PLAT, known as 301 East 19th Street,
Mellgren/Owner.
Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves
County Assessor’s Map Identifying Properties with the Notification Area; (E) List of Property Owners Notified
2. CASE 16-10 (CUP): A Request for Conditional Use Permit, Lot 7 of FARM
SUBDIVISION, known as 913 Davidson Drive, Ortega/Owner.
Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves
County Assessor’s Map Identifying Properties with the Notification Area; (E) List of Property Owners Notified;
(F) Zoning Verification Letter for Daycare; (G) Letter Objecting to Permit with Photos (4 pages)
G. Other Business
1. Discussion of Proposed Text Amendment to Create Office Zoning District
(non-action item).
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: July 20, 2016
Planning & Zoning Commission Agenda 1 July 26, 2016
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 Cheryl 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
EXHIBIT A: APPLICATION FOR CASE 16-09 (ZC)
EXHIBIT B: STAFF SUMMARY FOR CASE 16-09 (ZC)
310 EAST 19th STREET
Roswell Planning & Zoning Commission
Tuesday, JULY 26, 2016
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 16-09 (ZC): A Request for Zone Change from MHC to C-2
Legal Description: Subd: VILLA MOBILE HOME PARK SUMMARY PLAT Lot: 1 S:
28 T: 10 R: 24E BK 759 PG 1455 WD
Owner: Sally Mellgren
Agent: Charlotte Thompson
Address: 301 East 19th Street
Request: Request for a zone change from MHC (Manufactured/Mobile
Home Community District) to C-2 (Community Commercial
District)
II. Site data:
Site Area: 2.963 ± acres in VILLA MOBILE HOME PARK SUMMARY PLAT
UPC: 4136060150242000000 (Lot 1)
Existing Land Use: Residential - Vacant
Proposed Land Use: Medical Office
Existing Zoning: MHC
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Manufactured/Mobile Home Community (Park) MHC
South City of Roswell Park (Softball Complex) R-1
East School of Dance / Vacant/ Self Storage C-2
West Office / United Blood Services/ State of NM CYFD C-2
Planning & Zoning, 16-09 Page 1 of 4 July 26, 2016
Chaves County Assessor’s Map – CASE 16-09 (ZC)
E 23rd Street
Garden Ave
Villa Park
North Main Street
CYFD
301 E 19th
E 19th Street
Grand Ave
Charlie McVay Memorial Softball Complex
Zoning Map – CASE 16-09 (ZC)
Planning & Zoning, 16-09 Page 2 of 4 July 26, 2016
III. Intent of Petition:
The applicant is requesting a zone change from MHC Manufactured/Mobile Home
Community District to C-2 Community Commercial District in order to build a medical office.
IV. Land Use and Zoning Considerations:
1. This property is a vacant lot located on East 19th Street between Main Street and
Garden Street.
2. One lot is under consideration for rezoning. Rezoning from MHC to C-2 is compatible
with surrounding zoning. Adjacent lots on the west and east sides are zoned C-2.
Lots on the south side of East 19th and east of Grande Avenue are also zoned C-2.
A park is located directly south of the property across 19th Street. A Manufactured
Home/Mobile Home Community zoned MHC abuts the property on the north.
3. East 19th Street is classified as a Major Collector on the Functional Street
Classification Plan.
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. Notification of the public hearing was mailed via certified mail with return receipt
requested to property owners of record, as shown by the Chaves County Assessor,
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. The existing land use map indicates this parcel as vacant. The future land use map
indicates this parcel for residential as per the current zoning map. However, the
rezoning request is compatible with surrounding land uses.
5. As of the time of this writing, there have been zero (0) written or verbal protests
received by the Planning & Zoning Office.
VI. Staff Recommendation:
Based on the findings of fact, the nature of the proposed development, the
surrounding land uses and zoning districts, and the regulations established in the
Zoning Ordinance, Staff recommends approval of the requested zone change from
MHC Manufactured/Mobile Home Community District to C-2 Community Commercial
District.
Planning & Zoning, 16-09 Page 3 of 4 July 26, 2016
VII. Action by the Planning & Zoning Commission:
The Planning and Zoning Commission shall make a motion to approve or deny this
application based on these Findings of Fact and material introduced at the hearing.
Planning & Zoning, 16-09 Page 4 of 4 July 26, 2016
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-09
LETTER SENT VIA CERTIFIED MAIL ON JULY 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
JULY 8, 2016
RE: PUBLIC HEARING NOTICE for CASE 16-09: Application for a Zone Change
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 16-09. The Property Owner is requesting a Zone Change from MHC
(Manufactured/Mobile Home Community District) to C-2 (Community Commercial District).
PROPERTY LOCATION: 301 East 19th Street
LEGAL DESCRIPTION: Subd: VILLA MOBILE HOME PARK SUMMARY PLAT Lot 1 S: 28 T: 10S R: 24E BK 759 PG
1455 WD
OWNER OF PROPERTY: Mellgren, G M Sally ZONING DISTRICT: MHC
The City of Roswell Planning and Zoning Commission will hear public comments on the
above case on TUESDAY, JULY 26, 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, July 20, 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 the City’s Zoning Office at 575.637.6294 with
questions regarding the Zoning Case.
Respectfully,
Merideth Hildreth, M.A., AICP
Current Planning Administrator (Area Map on Reverse Side)
EXHIBIT D: CASE 16-09 ZONE CHANGE – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYNG PROPERTY
UNDER CONSIDERATION FOR ZOINE CHANGE AND PROPERTIES WITHIN NOTIFICATION AREA
GARDEN AVENUE
6
2
7
GRAND AVE PLAZA
3 1 9
4 8
10
5
00
EAST 19TH STREET
11 12
AREA
EXHIBIT E: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-09
1. G M SALLY MELLGREN 11. AC ROSWELL, LLC
2202 SENA RD. Or current owner
ROSWELL, NM 88201 7620 N. HARMAN LN – SUITE 106
TUCSON, AZ 85743
2./3. ELWELL REVOCABLE TRUST
DON JR & BARBARA A TRUSTEES 12. CITY OF ROSWELL
Or current owner P.O. BOX 1838
720-B S. SUNSET AVE. ROSWELL, NM 88202-1838
ROSWELL, NM 88203
4. PORTALES NATIONAL BANK
Or current owner
109 E. SECOND ST.
PORTALES, NM 88130
5. SP JOHNSON, III & B J TRUST
PJC REVOCABLE TRUST
Or current owner
P.O. BOX 1713
ROSWELL, NM 88202
6. VILLA HOME COMMUNITY, LLC
Or current owner
7835 E. REDFIELD RD - #106
SCOTTSDALE, AZ 85260
7. ROSWELL SELF STORAGE
Or current owner
P.O. BOX 1268
ROSWELL, NM 88202
8./9. MINNIE WRIGHT
Or current owner
106 TAMERACK RD.
RUIDOSO, NM 88345
10. F & L ASSOCIATES, LLC
Or current owner
303 W. COUNTRY CLUB RD.
ROSWELL, NM 88201
EXHIBIT A: APPLICATION FOR CASE 16-10 (CUP)
EXHIBIT B: STAFF SUMMARY FOR CASE 16-10 (CUP)
913 Davidson Drive
Roswell Planning & Zoning Commission
Tuesday, JULY 26, 2016
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 16-010 (CUP): A Request for Conditional Use Permit for
Major Home Occupation – Daycare
Legal Description: Subd: FARM Block: 3 Lot: 7 BK: 753 PG 729 QCD
Owner: Sonia Ortega
Agent: Sonia Ortega
Address: 913 Davidson Drive
Request: Request for Conditional Use Permit for Major Home
Occupation – Daycare for up to twelve (12) children
II. Site data:
Site Area: 6,120 ± square feet in FARM SUBDIVISION
UPC: 4135062204404000000 (Lot 1)
Existing Land Use: Residential – Single Family
Proposed Land Use: Residential – Single Family (with Major Home Occupation)
Existing Zoning: R-1
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Residential – Single Family R-1
South Residential – Single Family R-1
East Residential – Single Family R-1
West Residential – Single Family R-1
Planning & Zoning, 16-09 Page 1 of 5 July 26, 2016
Chaves County Assessor’s Map – CASE 16-10 (CUP)
301 E 19th
E 19th Street
Grand Ave
Zoning Map – CASE 16-10 (CUP)
*
Planning & Zoning, 16-09 Page 2 of 5 July 26, 2016
III. Intent of Petition:
The applicant is requesting a Conditional Use Permit to operate a Major Home Occupation,
specifically an in-home daycare for up to twelve children.
IV. Land Use and Zoning Considerations:
1. This property, located at 913 North Richardson Drive, is a single-family residence
zoned R-1. This property is located in a single-family residential neighborhood.
2. This property is served by an alley. The alley abuts a Drainage Ditch on the north and
the Hondo River on the east. Single-family homes directly abut the property to the
west and south. A vacant residential lot is across the street. The surrounding
neighborhood is zoned R-1 and is built with single-family homes.
3. This property is an odd-shaped lot with approximately forty-five (45) feet of street
frontage on a curve.
4. The property does not have a garage. The carport area in the street view on the next
page has been enclosed.
5. The property currently has a driveway approximately twelve (12) wide for one car.
Aerial – CASE 16-10 (CUP)
*
Planning & Zoning, 16-09 Page 3 of 5 July 26, 2016
Google Earth Street View – CASE 16-10 (CUP)
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. Notification of the public hearing was mailed via certified mail with return receipt
requested to property owners of record, as shown by the Chaves County Assessor,
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. The future land use map indicates this parcel for residential. It is currently zoned R-
1.
5. As of the time of this writing, there have been one (1) written and zero (0) verbal
protests received by the Planning & Zoning Office. There has been one call received
in affirmation of the use.
6. The property owner is pursuing a license from the New Mexico Children, Youth &
Family Department to operate an in-home daycare for up to six (6) children. This is
an allowed use by right in the City of Roswell Zoning Code, Article 27: Home
Occupations, Section 5. Standards and Regulations for Minor Home Occupations F.
“Family Child Care Homes for children shall be limited to 6 children per day.”
Planning & Zoning, 16-09 Page 4 of 5 July 26, 2016
VI. Staff Recommendation:
Based on the current findings of fact, the nature of the proposed use, the configuration
of the lot’s frontage, the lack of current driveway access to the property, Staff
recommends denial of the requested Conditional Use Permit for Major Home
Occupation – Daycare for up to twelve (12) children.
For consideration of approval by the Planning & Zoning Commission, Staff
recommends the following be addressed:
A. Enlargement of paved off-street parking on site.
B. Demonstration that the amount of increased traffic and activity will not adversely
affect or interfere with neighboring properties.
VII. Action by the Planning & Zoning Commission:
The Planning and Zoning Commission shall make a motion to approve or deny this
application based on these Findings of Fact and material introduced at the hearing.
Planning & Zoning, 16-09 Page 5 of 5 July 26, 2016
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-10
LETTER SENT VIA CERTIFIED MAIL ON JULY 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
JULY 8, 2016
RE: PUBLIC HEARING NOTICE for CASE 16-10: Application for a Conditional Use Permit for
Major Home Occupation – Daycare
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 16-10. The Property Owner is requesting a Conditional Use Permit to
conduct a Major Home Occupation on the property – specifically a daycare for up to twelve
(12) children.
PROPERTY LOCATION: 913 Davidson Drive
LEGAL DESCRIPTION: Subd: FARM Block: 3 Lot: 7 BK 753 PG 729 QCD
OWNER OF PROPERTY: Ortega ZONING DISTRICT: R-1
The City of Roswell Planning and Zoning Commission will hear public comments on the
above case on TUESDAY, JULY 26, 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, July 20, 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 the City’s Zoning Office at 575.637.6294 with
questions regarding the Zoning Case.
Respectfully,
Merideth Hildreth, M.A., AICP
Current Planning Administrator (Area Map on Reverse Side)
EXHIBIT D: CASE 16-10 ZONE CHANGE – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY
UNDER CONSIDERATION FOR ZONE CHANGE AND PROPERTIES WITHIN NOTIFICATION AREA
9 8 7
10
1
11 12
6
5
2
14 13
3 4
EXHIBIT E: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-10
1. ALBERT L. ORTEGA 9. JICATTY, LLC
SONIA ORTEGA Or current owner
913 DAVIDSON DR. 1621 MISTY LANE
ROSWELL, NM 88203 WESLACO, TX 78596
2. NINA C. EDWARDS 10. MARY AGURRIE
Or current owner Or current owner
P.O. BOX 914 1517 N. MICHIGAN AVE.
ROSWELL, NM 88202-0914 ROSWELL, NM 88201
3. ALMA Y. VALENZUELA 11. LORI A. & JOHN WHANN
MARIANO R. VALENZUELA Or current owner
Or current owner 702 CHRYSLER DR.
917 DAVIDSON DR. ROSWELL, NM 88201
ROSWELL, NM 88203
12. PHILLIP B. SHAMAS
4. DONNA L. GLASS ANDREA V. SHAMAS
Or current owner Or current owner
1014 RANCHO RD 911 DAVIDSON DR.
ROSWELL, NM 88203 ROSWELL, NM 88203
5. HAROLD W. & VICKI L. ASHCRAFT 13. ROBERT G. & GRACE WHITEHEAD
Or current owner REVOCABLE LIVING TRUST
1017 RANCHO RD. Or current owner
ROSWELL, NM 88203 869 BROKEN ARROW RD.
ROSWELL, NM 88201
6. SPECTRUM CONSULTING COMPANY, INC.
Or current owner 14. HECTOR CHAVEZ
109 W. 12TH ST. Or current owner
ROSWELL, NM 88201 6033 N. ATKINSON
ROSWELL, NM 88201
7. JOEL CHAVEZ
JOSEFINA ONTIVEROS
Or current owner
806 W. SUMMIT ST.
ROSWELL, NM 88203
8. EDDIE J. CARRILLO
V. DIANNE CARRILLO
Or current owner
2611 HIGHLAND RD.
ROSWELL, NM 88201
EXHIBIT F: CASE 16-10 ZONING VERIFICATION LETTER FOR DAY CARE LICENSE
City of Roswell
Planning & Engineering Department
Planning & Zoning Office
PO Box 1838
Roswell, NM 88202-1838
Telephone: (575)637-6294 Fax: (575) 624-6820
June 21, 2016
RE.: Zoning Verification Letter:
To Whom It May Concern:
The property located at 913 Davidson Drive in Roswell, New Mexico, is zoned R-1
Residential District.
According to the City of Roswell New Mexico’s Zoning Ordinance Number 15-09
Amended July 9, 2015, Article 27: Home Occupations, Section 5: Standards and
Regulations for Minor Home Occupations F. Family Child Care Home for children shall
be limited to 6 children per day.
This letter was requested by:
SONIA ORTEGA
913 DAVIDSON DRIVE
ROSWELL, NM 88203
If there are any questions or concerns, please do not hesitate to contact me.
Sincerely,
Merideth Hildreth, M.A., AICP
Current Planning Administrator
City of Roswell
575.623.6294
Attachments:
City of Roswell Zoning Ordinance Article 7: R-1 Residential District
City of Roswell Zoning Ordinance Article 27: Home Occupations
EXHIBIT G: LETTER OBJECTING TO CASE 16-10 (PAGE 1 OF 4)
EXHIBIT G: LETTER OBJECTING TO CASE 16-10 (PAGE 2 OF 4)
PHOTOS OF PROPERTY UNDER CONSIDERATION - 913 DAVIDSON DRIVE
EXHIBIT G: LETTER OBJECTING TO CASE 16-10 (PAGE 3 OF 4)
PHOTOS OF PROPERTY UNDER CONSIDERATION - 913 DAVIDSON DRIVE
EXHIBIT G: LETTER OBJECTING TO CASE 16-10 (PAGE 4 OF 4)
PHOTOS OF DAYCARE AT 1111 SOUTH UNION OR 945 DAVIDSON DRIVE
ROSWELL, NEW MEXICO
Planning & Zoning Commission
Thursday, July 26, 2016, 6:00 p.m.
Roswell Museum and Art Center
199 W. 11th – Roswell, NM 88201
ACTION REQUESTED: Discussion of Proposed Text Amendment to
Create Office Zoning District.
BACKGROUND: This is a discussion for the creation of an office
zoning district. Currently, office can be placed
in the R-3 or R-4 residential districts, as well as
the C-1 thru C-4 commercial districts.
Staff is proposing the creation of a new
Commercial Office district that could be located
inside residential areas so that the residential
uses are not adversely impacted. The intent is
to be able to place larger, professional office
closer to residential areas by using architectural
design to minimize the impacts of these
commercial uses.
FINANCIAL CONSIDERATION: There are no additional costs associated with
this request.
LEGAL REVIEW: N/A.
BOARD OR COMMITTEE ACTION: N/A.
STAFF RECOMMENDATION: Discussion and direction to be provided by the
P&Z Commission.
ARTICLE 15: CO-1 COMMERCIAL OFFICE DISTRICT
Section 1. Purpose:
The purpose and intent of this zoning district is to provide suitable sites for the
development of well-planned and attractive commercial office buildings which will not
adversely impact adjacent residential development.
Section 2. Use Regulations:
A. Permitted Uses are as follows:
1. Banks/Credit Unions/Financial institutions
2. Professional offices
3. Land development services
4. Medical facilities/offices/centers
5. Counseling, child guidance and family service
6. Government offices (No outdoor storage)
7. Any other use that meets the intent and purpose of this Article and is
similar and comparable to those uses listed above
B. Special Uses are as follows:
1. Child day care center
Section 3. Site Development Standards (Single Building):
A. Setbacks:
Yard: Setback (feet):
Any Property Line to Local / Collector Streets 20’
Any Property Line to Arterial Streets 35’
Rear Yard 20’
Side Yard (Interior) 20’
B. Parcel Dimensions:
Parcel Aspect: Criteria:
Minimum Parcel Size: 20,000 square feet
Minimum Parcel Width: 100 feet
Maximum Building Height: 32 feet and not more than three (2) stories
C. General Site Design Standards:
All office development shall comply with all applicable requirement of
Section 22, Building and Performance Standards.
D. Multi-building Criteria:
If more than a single building is located in the project areas,
1. Signage
Unified sign package for all buildings.
2. Building Design
A. Wall Standards
B. Roof Standards
C. Exterior building materials standards
D. Colors
3. Landscaping
4. Parking
Section 4. Site Development Standards, Multi-Building
If more than a single building is located in the project areas,
1. Signage
Unified sign package for all buildings.
2. Building Design
A. Wall Standards
B. Roof Standards
C. Exterior building materials standards
D. Colors
3. Landscaping
4. Parking
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