Planning & Zoning Commission
Regular MeetingRoswell, NM · May 23, 2017
Minutes
FINAL APPROVED
P&Z MEETING MINUTES
Tuesday, May 23, 2017 - 6:00 PM
Roswell Planning & Zoning Commission
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
P&Z Chair: Ralph Brown; Vice Chair: Riley Armstrong; Secretary: Shirley Childress;
Toby Gross; David Storey; Kent Taylor; Jessie McDaniel
Planning & Engineering Staff: Merideth Hildreth, AICP
Miguel Martinez
William Morris, AICP, CZO
Louis Najar, PE
Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10-
15-4, NMSA 1978 and City of Roswell, NM Resolution 16-69.
A. CALL TO ORDER AND WELCOME – Chair Ralph Brown
A regular meeting of the Planning & Zoning Commission was called to order at
approximately 6:06 p.m. by Chair Brown with the following members present:
B. ROLL-CALL
Ralph Brown (Chair) PRESENT
Riley Armstrong (Vice Chair) PRESENT
Toby Gross ABSENT
Shirley Childress PRESENT
David Storey ABSENT
Kent Taylor ABSENT (Joined the meeting at approximately 6:22 p.m.)
Jesse McDaniel PRESENT
Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator; Miguel
Martinez, Planning & Zoning Technician; William Morris, AICP, CZO, Planning Manager;
Louis Najar, P.E., Director of Planning & Engineering & Interim City Manager
Planning & Zoning Commission May 23, 2017 Minutes
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Audience Members Present Who Signed In:
Fred Moran, Cindy Wilson, Cone Wilson, Larry Connolly, Thomas Jennings, Britt
Bourque, Max Contreras, Veronica Romero, Jacqueline Hyatt, Brandon Bond, Amanda
Arnold
C. SWEARING IN: Chair Brown swore in staff and members of the audience.
Chair Brown: Three-minute reminder on the microphone.
Appeals to the City Council are due to the City Clerk by noon on Thursday in writing.
D. APPROVAL OF THE AGENDA
MOTION to Approve the Agenda as Presented by Commissioner Childress.
Second by Commissioner Armstrong.
The motion passed by a voice vote of four to zero.
E. MINUTES: Consider approval of the April 25, 2017 minutes.
MOTION to Approve the April 25, 2017 Minutes as Written by Commissioner
Armstrong.
Second by Commissioner Childress.
The motion passed by a voice vote of four to zero.
F. ACTION ITEMS (PUBLIC HEARING ITEMS):
1. CASE 17-008 ZOC: A Request for a change in zoning from R-1 (Residential) to C-2
(Community Commercial); Legal Description: S: 8 T: 11S R: 24E E2SE4NE4 N
342.87’ W 378.70’ E 402.21’ - S 166.81’ N 416.24’ W 261.31’ E 663.45’ PER S15-
38 BK 723 PG 1354 WD (CORR) (Owner: Valley Christian Academy, Inc.) Property
Address: 1500 South Main Street.
CASE WITHDRAWN IN WRITING ON MAY 5, 2017.
Chair Brown: Is it correct that 17-008 has been withdrawn?
Ms. Hildreth: That is correct.
2. CASE 17-009 ZOC: A Request for a change in zoning from R-1 (Residential) to R-3
(Residential); Legal Description: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’
W 291’ S 133’ S: 34 T: 10S R: 24E SW4N24 N 10’ E 291’ W 321’ BK 591 PG 1271
WD JT (Owner: BRITT BOURQUE) Property Address: 1101 North Atkinson Avenue.
EXHIBITS: (A) Application; (B) Staff Summary;
Planning & Zoning Commission May 23, 2017 Minutes
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Motion to Waive the Reading of the Land Use and Zoning Considerations and Finding
of Facts with Respect to Case 17-009 ZOC by Commissioner Armstrong.
Second by Commissioner Childress
The motion passed by a voice vote of four to zero.
Chair Brown: Is there anyone wishing to speak in favor of 17-009?
Britt Bourque, 1101 N Atkinson Avenue:
Thanked the Commissioners for allowing her to speak and especially thanked Merideth,
Miguel, and Bill Morris in the Planning Office. She merely went in to check on the zoning
of the property, and ended up filling out the application and got incredible help with it.
Ms. Borque introduced her Partner Max Contreras and Office Manager Veronica Romero.
Ms. Bourque said she came to Roswell in 2003 when her kids were at NMMI and
renovated a cottage at her house on North Lea, furnished it, and Created Cozy Cowboy
Rentals fifteen years ago.
Ms. Bourque continued that she bought the property on Atkinson 10 years ago.
She had a dream to create a writer's symposium where the writer’s would stay in the
cottages and meet for writing critiques and a meal in the main house in the evening.
Ms. Bourque requested a change to the proper zoning that it should have in that it is
more than an acre with five (5) units that were there when she bought it. She Requested
a Special Use Permit for a Bed & Breakfast, event office, and commercial kitchen. An
architect will stay on the property this summer and help with the planning. Would like to
have Quinceneras, small weddings, and things like that and wants to improve and
beautify the property. Because the view of the zoo is so beautiful on two sides, she plans
to put in wrought iron fencing if the zoo will allow it and asks for a variance on fencing.
She is planning (on installing) a six foot (6') tall wooden fence between her property and
the mobile home park.
Commissioner Armstrong clarified that this (testimony) is for three (3) cases 17-009,
17-010, and 17-011.
Chair Brown: Is there anyone wishing to speak against 17-009?
None spoke.
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Mr. Morris: With Respect to the zoning change from R-1 to R-3, staff feels it is
appropriate given the size of the property and what is on the property. It is in close
proximity to the R-3 across the street and the mobile home park has higher density.
With respect to transitional zoning, staff feels rezoning is consistent with other zoning on
the map and is appropriate.
MOTION – 17-009 ZOC
Commissioner Childress made a motion to approve Case 17-009 based on the finding
of facts and the information presented and testimony here today and the staff
recommendation.
Second by Commissioner McDaniel.
The motion passed by a voice vote of four to zero.
3. CASE 17-010 SUP: A Request for a Special Use Permit for a Bed & Breakfast
utilizing the five existing residential structures on the property, a Commercial
Kitchen within the primary residential structure, an event planning office, and
permission to host events on the property; Legal Description: Subd: EAST VIEW
Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’ S: 34 T: 10S R: 24E SW4N24 N 10’ E
291’ W 321’ BK 591 PG 1271 WD JT (Owner: BRITT BOURQUE) Property Address:
1101 North Atkinson Avenue. EXHIBITS: (A) Application; (B) Staff Summary
Motion to Waive the Reading of the Land Use and Zoning Considerations and Finding
of Facts for Case 17-010 SUP by Commissioner Armstrong.
Second by Commissioner Childress.
The motion passed by a voice vote of four to zero.
Chair Brown: Is there anyone wishing to speak in favor of 17-010?
Chair Brown asked Ms. Bourque if she wished to add anything.
Ms. Bourque did not add anything to previous testimony.
Chair Brown: Is there anyone wishing to speak against 17-010?
None spoke.
Mr. Morris: With respect to 17-010, we are fine with the uses requested and uses are
compatible. The applicant will be required to provide a site plan with parking, etc., Staff
supports it.
Planning & Zoning Commission May 23, 2017 Minutes
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MOTION – 17-010 SUP
Commissioner Armstrong made a motion to approve Case 17-010 based on the finding
of the facts and the testimony provided herewith.
Second by Commissioner Childress.
The motion passed by a voice vote of four to zero.
4. CASE 17-011 VAR: A Request for a Variance from Zoning Ordinance to waive the
requirement to construct a six foot tall screen fence on the north and east sides of the
property; Legal Description: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S
133’ S: 34 T: 10S R: 24E SW4N24 N 10’ E 291’ W 321’ BK 591 PG 1271 WD JT (Owner:
BRITT BOURQUE) Property Address: 1101 North Atkinson Avenue. EXHIBITS: (A)
Application; (B) Staff Summary
Motion to Waive the Reading of the Land Use and Zoning Considerations and Finding
of Facts with Respect to Case 17-011 VAR by Commissioner Armstrong.
Second by Commissioner Childress
The motion passed by a voice vote of four to zero.
Chair Brown: Is there anyone wishing to speak in favor of 17-011?
Chair Brown: Is there anyone wishing to speak against 17-011?
None spoke.
Ms. Hildreth: We presented this information to the Parks and Recreation Board last
Monday, and there were no comments.
Mr. Morris: The proposed use is amenable with the type of clear view to the amenities
at the zoo. If this use changes, the provisions of the fence would be reconsidered. An
iron fence would be okay. The Variance would be for Special Use Permit issued in the
previous case (17-010 SUP).
Let the Record Show Commissioner Taylor joined the meeting at approximately 6:22
p.m.
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MOTION – 17-011 VAR
Commissioner Childress made a motion to approve Case 17-011 a fence variance
request with the stipulation that if the use of the property changes that it will be
discussed at a future meeting.
Second by Commissioner Armstrong.
The motion passed by a voice vote of four to zero.
5. CASE 17-012 SUP: A Request for a Special Use Permit in I-1 (Light Industrial) for
Livestock feed and sales yard, Recycling Activities in a structure with outside
storage as a secondary use, and Recycling center with outside storage as a
principal use, such as a junk yard. Legal Description for three lots under this
Special Use Permit Request: Subd: WOODS Lot: 1 N 320.20 FT S 390.40 FT AND:
Lot: 2 N 30.40 FT S 354.40 FT AND: -Lot: 3 N 312.4 FT S 352.40 FT / W 35 FT N
400 FT AND: -Lot: 10 N 110. FT,,, Quarter: NE S: 33 T: 10S R: 24E BK: 736 PG: 1158
SWD. (Owner: CUSTOM CONSTRUCTION & ROOFING, LLC) Subd: WOOL BOWL
INDUSTRIAL PARK Lot: 4 Quarter: NE S: 33 T: 10S R: 24E BK: 697 PG: 386 WD JT.
(Owner: BRANDON & AMANDA ARNOLD)Property Address: 4 Wool Bowl Circle.
Subd: WOOL BOWL INDUSTRIAL PARK Lot: 3 Quarter: NE S: 33 T: 10S R: 24E BK:
697 PG: 246 REC. (Owner: BRANDON & AMANDA ARNOLD)Property Address: 3
Wool Bowl Circle. EXHIBITS: (A) Application; (B) Staff Summary; (C) Letter
Notifying Surrounding Property Owners; (D) Chaves County Assessor’s Map
Identifying Properties with the Notification Area; (E) Property Owners Notified
Motion to Waive the Reading of the Land Use and Zoning Considerations and Finding
of Facts with Respect to Case 17-012 SUP by Commissioner Armstrong.
Second by Commissioner Childress.
The motion passed by a voice vote of five to zero.
Chair Brown: Is there anyone wishing to speak in favor of Case 17-012?
Brandon Bond residing at 17 E Vista Parkway:
Spoke in regards for Brandon Arnold who was not able to make it to the meeting. Mr.
Arnold applied for a Special use permit for Sheep and Goats to keep the weeds down as
(the company) was incapable of controlling weeds by manpower.
(The company) Requested a (Special Use Permit) for Recycling Activities. The (company)
recycles materials from demolished buildings at the Roswell International Air Center and
abandoned buildings through the Mayor's Clean up Roswell Act. (The company) keeps
the scrap metal in the yard until a complete truck load (is accumulated) to send to
Albuquerque. There have been complaints. They requested an eight foot (8') tall fence
along river and on Garden. The fence is not completed yet, but in process.
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Chair Brown: Is there anyone wishing to speak against Case 17-012?
Fred Moran resides at 707 Sherrill Lane:
Mr. Moran thanked the Commission for allowing him to speak. He owns the business
Rich Glo Products at 2 Petro Drive, directly across from the property under review.
Over a two (2) year period the building was planned and took eight (8) months
constructing it with a cost of over half million dollars. Installation of landscaping required
by the City is in progress. (Rich Glo) operates light industrial manufacturing jewelry
cleaning products. Mr. Moran expressed opposition to Mr. Arnold’s proposals this
evening because it doesn’t seem to be in keeping with the issues the City was concerned
about when Rich Glo built one of the nicest buildings in Roswell. Mr. Moran expressed
Concerned about the activities and the broad statement of what could happen there
with scrap over there and scrap metal fence and a couple of goats to keep the weeds
down. Mr. Moran expressed his concern about loss of property value and hiring new
employees. Who wants to have a $600,000 building across the street from a junk yard?
Mr. Moran expressed concern that there are no provisions for oversight on what is being
dumped that could contaminate the ground and ground water.
Tom Jennings:
Thanked the Commissioners for serving on the Commission and thanked Staff for doing
an exemplary job on behalf of the City. This case wouldn't be here if I hadn't complained.
Mr. Jennings stated that they built the property (where Mr. Moran’s business is located)
and met all the extensive parameters.
Mr. Jennings commented on the packet with photos taken today by City Staff (of the
subject property) that is looks pretty nice and clean.
Mr. Jennings provided a packet with details of why I am opposed to providing this Special
Use and discussed the photos he took showing trash (photo from August 16, 2016), hole
in fence, abandoned vehicles, dumping, goat and sheep on property without a permit,
trash and debris. There is no sidewalk and no landscaping.
Mr. Jennings mentioned that Lovelace Park has an Outdoor Classroom. According to City
Staff, they were showing their employees how to use excavation equipment and made a
hole in the park.
The Roswell Refuge has sandbags on that building. When it rains, it drains into building
of Roswell Refuge.
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After complaints, they built and eight foot (8') and over eight foot (8') fence of scrap
paneling without a permit. There's already graffiti on it. Holes in the chain link are not
repaired. These violations have been persistent.
Mr. Jennings asked the Commission to decline this and in the long scheme of things we
should be developing our city in an orderly fashion for a clean and safe community,
especially in the parks, and thanked the Commission for its consideration.
Cindy Wilson, 6 West Vista Circle, Executive Director of Roswell Refuge:
Ms. Wilson thanked the Commission for serving the community and for the opportunity
to speak. She spoke about a goat that got out and onto the Roswell Refuge property last
week. Ms. Wilson stated the back (of the property) is an eyesore. The company uses the
trash-bin paid by Roswell Refuge. Employees zip across the Roswell Refuge parking lot,
where women and children are. The Refuge would like to see (the company) take more
responsibility about the trash. After the Big Goliath Snow, the cul-de-sac was cleaned,
the rest of the snow was on Refuge parking lot. Ms. Wilson stated she has found them
not to be very good neighbors.
Jacqueline Hyatt, 710 North Kentucky:
Requested the committee deny the Special Use Permit in Case 17-012. Ms. Hyatt stated
she is concerned the impact this permit will do have on Roswell’s soil and fresh water
and the applicant’s compliance history with Roswell’s City Codes. The property is located
on Spring River. The discharge from materials stored on the property will drain directly
into the Spring River contaminating surface water. Their status of mandatory water
permitting is unknown. Prior to issuing this Special Use Permit, this committee should
investigate and answer the following questions.
1. Outside of this hearing, what violations has this committee gathered of Custom
Construction, LLC?
2. What knowledge does this committee have of the solvency of this LLC? The LLC has
a history of not remediating sites by not filling in the hole from excavation training.
3. Does this company have a Storm Water Permit from the Environment Department?
Have there been any applications for a permit? If so, have there been any denials
and on what grounds?
4. Does this company have a Ground Water Discharge Permit from the Agriculture
Compliance Section for this Special Use Permit since they will be adding livestock to
the property?
Ms. Hyatt further stated that approving this permit could have significant environmental
impacts to the City of Roswell, the soil located on this property, and downstream from
Spring River. It’s important to think about why we have zoning laws and that’s to provide
equal justice and equal protection among property owners. We should not allow them
an additional permit to expand their operation when they have a bad track record of
complying with the City’s ordinances.
Planning & Zoning Commission May 23, 2017 Minutes
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Chair Brown asked Mr. Najar to comment.
Mr. Najar: Stated he did not know if the applicant received a copy of the letter of
complaint from Tom Jennings dated today.
The environmental and engineering issues are pertinent to the Engineering
Department’s purview. Mr. Najar asked the Commission to either have Custom
Construction give a blanket clearance to do what he requests in the future under all
those items or that the Commission table this for one month to allow some research.
Spring River is a live stream, a perineal stream under the Army Corps of Engineers. The
drainage to the Refuge is under his purview. All these things can be fixed. Recycling is
changing the condition of use. As City Engineer, he worries about the rivers and drainage
onto neighbors.
Mr. Morris: With respect to zoning, these requests are allowed under I-1 (Industrial)
Zoning District. Across the street, within 500 feet, are cattle pens that have been there
over eighty (80) years. If worried about the number of sheep, this Commission has the
power to limit the number of animals located on the site.
With respect to drainage on the Refuge, Mr. Morris didn’t know if (City) Staff has ever
had contact with the County Staff. You have the authority to add to conditions of
approval. I would like to support tabling this to resolve issues.
Commissioner Armstrong: I would suggest if we table this that Mr. Arnold make every
effort to be here. You already have the goats there and some of this stuff going.
MOTION – 17-012 SUP
Commissioner Armstrong made a motion to table Case 17-012 until next month’s
meeting based on the finding of facts and other evidence brought forward by the City
Engineering Department.
Second by Commissioner McDaniel.
Discussion:
Commissioner Childress asked a question about anything in Planning and Zoning for site
maintenance and are there any guidelines for trucks traffic going through the Refuge’s
parking lot.
Mr. Morris stated we would have further discussions with the Refuge on this.
Commissioner McDaniel advised during this month to talk to Louis (Mr. Najar) and see
what you need to do and make amends with the neighbors.
Motion passed with a voice vote of five to zero.
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G. OTHER BUSINESS:
None from Staff
H. PUBLIC COMMENTS
None
I. ADJOURN
The meeting adjourned at 6:54 p.m.
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Agenda
City of Roswell Planning & Zoning Commission Agenda (Page 1 of 2)
Tuesday, May 23, 2017 at 6:00 PM
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
Chair: Ralph Brown, Vice Chair: Riley Armstrong, Secretary: Shirley Childress
Members: Toby Gross, David Storey, Kent Taylor, Jesse McDaniel
Current Planning Administrator: Merideth Hildreth, AICP; Planning & Zoning Technician: Miguel Martinez
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. Approval of the April 25, 2017 Minutes
F. Public Hearing Items
CASE 17-008 ZOC: A Request for a change in zoning from R-1 (Residential) to C-2 (Community Commercial); Legal
Description: S: 8 T: 11S R: 24E E2SE4NE4 N 342.87’ W 378.70’ E 402.21’ - S 166.81’ N 416.24’ W 261.31’ E 663.45’
PER S15-38 BK 723 PG 1354 WD (CORR) (Owner: Valley Christian Academy, Inc.) Property Address: 1500 South Main
Street. CASE WITHDRAWN IN WRITING ON MAY 5, 2017.
CASE 17-009 ZOC: A Request for a change in zoning from R-1 (Residential) to R-3 (Residential); Legal Description:
Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’ S: 34 T: 10S R: 24E SW4N24 N 10’ E 291’ W 321’ BK 591
PG 1271 WD JT (Owner: BRITT BOURQUE) Property Address: 1101 North Atkinson Avenue. EXHIBITS: (A) Application;
(B) Staff Summary;
CASE 17-010 SUP: A Request for a Special Use Permit for a Bed & Breakfast utilizing the five existing residential
structures on the property, a Commercial Kitchen within the primary residential structure, an event planning
office, and permission to host events on the property; Legal Description: Subd: EAST VIEW Lot: 37 W 211’ S 193’ &
E 80’ W 291’ S 133’ S: 34 T: 10S R: 24E SW4N24 N 10’ E 291’ W 321’ BK 591 PG 1271 WD JT (Owner: BRITT BOURQUE)
Property Address: 1101 North Atkinson Avenue. EXHIBITS: (A) Application; (B) Staff Summary
CASE 17-011 VAR: A Request for a Variance from Zoning Ordinance to waive the requirement to construct a six
foot tall screen fence on the north and east sides of the property; Legal Description: Subd: EAST VIEW Lot: 37 W
211’ S 193’ & E 80’ W 291’ S 133’ S: 34 T: 10S R: 24E SW4N24 N 10’ E 291’ W 321’ BK 591 PG 1271 WD JT (Owner:
BRITT BOURQUE) Property Address: 1101 North Atkinson Avenue. EXHIBITS: (A) Application; (B) Staff Summary
EXHIBITS SHARED BY CASES 17-009 ZOC, 17-010 SUP, 17-011 VAR (C) Letter Notifying Surrounding Property Owners; (D) Chaves
County Assessor’s Map Identifying Properties with the Notification Area; (E) Property Owners Notified
CASE 17-012 SUP: A Request for a Special Use Permit in I-1 (Light Industrial) for Livestock feed and sales yard,
Recycling Activities in a structure with outside storage as a secondary use, and Recycling center with outside
storage as a principal use, such as a junk yard. Legal Description for three lots under this Special Use Permit Request:
Subd: WOODS Lot: 1 N 320.20 FT S 390.40 FT AND: Lot: 2 N 30.40 FT S 354.40 FT AND: -Lot: 3 N 312.4 FT S 352.40 FT
/ W 35 FT N 400 FT AND: -Lot: 10 N 110. FT,,, Quarter: NE S: 33 T: 10S R: 24E BK: 736 PG: 1158 SWD. (Owner: CUSTOM
CONSTRUCTION & ROOFING, LLC) Subd: WOOL BOWL INDUSTRIAL PARK Lot: 4 Quarter: NE S: 33 T: 10S R: 24E BK:
697 PG: 386 WD JT. (Owner: BRANDON & AMANDA ARNOLD)Property Address: 4 Wool Bowl Circle. Subd: WOOL
BOWL INDUSTRIAL PARK Lot: 3 Quarter: NE S: 33 T: 10S R: 24E BK: 697 PG: 246 REC. (Owner: BRANDON & AMANDA
ARNOLD)Property Address: 3 Wool Bowl Circle. EXHIBITS: (A) Application; (B) Staff Summary; (C) Letter Notifying
Surrounding Property Owners; (D) Chaves County Assessor’s Map Identifying Properties with the Notification Area; (E) Property
Owners Notified
Planning & Zoning Commission Agenda 1 May 23, 2017
City of Roswell Planning & Zoning Commission Agenda (Page 2 of 2)
Tuesday, May 23, 2017 at 6:00 PM
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
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 16-69.
NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be
debate by the City Council. The Council, acting as attendees to an informational presentation, will not be
discussing public business and no action will be taken.
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or
any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human
Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents
including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at
575-624-6700 if a summary or other type of accessible format is needed.
Printed and posted: May 17, 2017
Planning & Zoning Commission Agenda 2 May 23, 2017
DRAFT FOR APPROVAL
P&Z MEETING MINUTES
Tuesday, April 25, 2017 - 6:00 PM
Roswell Planning & Zoning Commission
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
Chair: Ralph Brown, Vice Chair: Riley Armstrong, Secretary: Shirley Childress
Members: Toby Gross, David Storey, Kent Taylor, Jessie McDaniel
Planning Staff: Merideth Hildreth, AICP, Miguel Martinez, William Morris, AICP, CZO
Engineering Staff: Louis Najar, PE
Notice of this meeting was given to the public in compliance with Sections 10-15-1
through 10-15-4, NMSA 1978 and City of Roswell, NM Resolution 16-69.
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 ABSENT
David Storey PRESENT
Kent Taylor PRESENT
Jesse McDaniel PRESENT
Staff Members Present: Merideth Hildreth, AICP, Planning & Zoning
Administrator; Miguel Martinez, Planning & Zoning Technician; William Morris,
AICP, CZO, Planning Manager; Louis Najar, P.E., Director of Planning &
Engineering; Joseph Neeb, City Manager.
Audience Members Present who Signed In:
Mary Andazola, Virginia Miller, Todd Wagener (Wagener Engineering), James
Ellis (The Salvation Army), Joe West (The Salvation Army).
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C. SWEARING IN: Chair Brown swore in staff and members of the audience.
D. APPROVAL OF THE AGENDA
MOTION to Approve the Agenda as Presented by Commissioner Storey.
Second by Commissioner Taylor.
The motion passed by a voice vote of six to zero.
E. MINUTES: Consider approval of the March 28, 2017 minutes.
MOTION to Accept the March 28, 2017 Minutes as Written by Commissioner
Gross.
Second by Commissioner Storey.
The motion passed by a voice vote of six to zero.
F. ACTION ITEMS (PUBLIC HEARING ITEMS):
1. CASE 17-007 SUP: A Request to establish a home on one or both of these
properties for transitional housing for unrelated persons; Legal Description:
Subd: WEST SIDE Block: 1 Lot: 13 Quarter: NE S: 32 T: 10S R: 24E BK: 72
PG: 649 AND Lot: 14 Quarter: NE S: 32 T: 10S R: 24E BK: 263 PG: 343
(Owner: SALVATION ARMY.) Lots to be addressed as 1311 N Washington
Avenue and 1313 N Washington Avenue.
Motion to Waive the Reading of the Land Use and Zoning Considerations
and Finding of Facts with Respect to Case 17-007 by Commissioner
Armstrong.
Second by Commissioner Gross.
The motion passed by a voice vote of six to zero.
Chair Brown: Is there anyone wishing to speak in favor of 17-007?
Lt Joe West, Salvation Army: 612 West College Roswell.
The Salvation Army wants to build a four-bedroom residence for a transitional
living home on a lot south of (the Salvation Army building) for men from Roswell
and Chaves County who first undergo a six (6) month in-patient drug and alcohol
program in Albuquerque. The term of residency for each client is for one year
with a level of accountability and adherence to a set of rules in the home while
they get established with employment and remain clean.
Todd Wagener: Office at 1410 N Missouri on the other side of the alley from
the Salvation Army property. It's a residence for rehabilitation and will be a
great thing for the community and neighborhood. The residents will probably not
have vehicles.
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Virginia Miller resides across the street from The Salvation Army: Stated
she her lot has several residential units and is willing to sell it.
Chair Brown: Is there anyone wishing to speak against 17-007?
Bernice Andazola residing at 1309 N Washington:
Ms. Andazola stated she is not sure she is for or against. She has lived next door
for over thirty (30) years and wants to see information about their lot boundary.
She stated she didn’t have a problem with the use. She is concerned for her
grandchildren and children in the area who catch the bus in the area and her only
concern is that no pedophiles will reside on the property.
A discussion ensued about the property line and the fence between Ms.
Andazola’s property (Lot 12) and the Salvation Army’s property (Lot 13).
James Ellis with the Salvation Army 2707 E Van Buren Road in Phoenix,
Arizona: Stated the residence will be built on Lot 14 (the lot closest to The
Salvation Army parking lot), and will work with the neighbor regarding clarification
of the boundary line and relocation of the fence to the property line.
Mr. Wagener: Discussed a recent boundary survey he performed for The
Salvation Army and a past survey performed in 1989.
Commissioner Gross: Raised the issue of parking spaces required at the
residence.
Mr. West: Stated The Salvation Army has about forty-five parking spaces where
resident’s vehicles can be parked, but don’t expect the residents to have
vehicles.
Mr. Morris: Suggested to apply the same standard of two required parking
spaces for this residential project.
Commissioner Storey: Asked if the lots would need to be consolidated.
Mr. Morris: Answered, the lots would remain as two (separate) lots.
Chair Brown: Reminded those in attendance that appeals are due to the City
Clerk’s Office by noon on Thursday, and anything voted on can be appealed to
City Council.
Planning & Zoning Commission April 25, 2017 Minutes
Page 3 of 4
MOTION – 17-007 SUP
Commissioner Taylor made a motion that based on the evidence presented,
testimony here tonight, and the recommendation by staff that we approve
Case 17-007 in the application for a Special Use Permit.
Second by Commissioner McDaniel.
The motion passed by a voice vote of six to zero.
G. OTHER BUSINESS:
Mr. Najar introduced the City’s new City Manager, Joseph Neeb.
Mr. Neeb: Stated he is happy to be here.
Chair Brown: Thanked Mr. Neeb for taking the time to attend the Planning &
Zoning Commission Meeting.
H. PUBLIC COMMENTS
None
I. ADJOURN
The meeting adjourned at 6:26 p.m.
Planning & Zoning Commission April 25, 2017 Minutes
Page 4 of 4
EXHIBIT A: APPLICATION 17-009 ZOC
EXHIBIT B: STAFF SUMMARY FOR CASE 17-009 (ZOC)
1101 N ATKINSON AVE
(Page 1 of 4)
Roswell Planning & Zoning Commission
Tuesday, May 23, 2017
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 17-009 (ZOC): A Request for Zone Change from R-1 to R-3
Property Location: 1101 North Atkinson Avenue
Legal Description: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’
S: 34 T: 10S R: 24E SW4NW4 N 10’ E 291’ W 321’ BK 591 PG
1271 WD JT
Owner: Britt Bourque
Applicant: Britt Bourque
Request: Request for a change in zoning from R-1 (Residential
District) to R-3 (Residential District)
II. Site Data:
Site Area: Each lot is approximately 1.24 acres
Lot Frontage (west boundary) approximately 92’
South boundary approximately 300’
UPC: 4137061018123000000
Existing Land Use: House used as a dwelling with two separate attached dwelling units,
and two separate detached accessory dwelling units.
Proposed Land Use: Primary residential unit to be used as the owner’s residence, other
four residential units to be used as long term residential units and
Bed and Breakfast short stay units, proposed construction of a new
structure for owner’s garage and professional office to conduct
rentals/event planning business. Host events such as weddings and
parties on the grounds.
Existing Zoning: R-1
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Spring River Park & Zoo R-1
South Mobile Home Community (Thunderbird) MHC
East Spring River Park & Zoo R-1
West Single Family Residential R-1
(on west side of Atkinson Ave) R-3 to SW
Planning & Zoning, 17-009 ZOC Page 1 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-009 (ZOC)
1101 N Atkinson Avenue
(Page 2 of 4)
Chaves County Assessor’s Map Zoning Map –17-009 (ZOC)
Aerial View (Image Date 5.1.2014)
GOOGLE EARTH PRO
1101 N Atkinson Ave
Street View (Image Date 4/2013)
GOOGLE EARTH PRO
1101 N Atkinson Ave and Surrounding Area
Aerial View (Image Date 5.1.2014)
Planning & Zoning, 17-009 ZOC Page 2 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-009 (ZOC)
1101 N Atkinson Ave Avenue
(Page 3 of 4)
III. Intent of Petition:
The owner of the residential property at 1101 N Atkinson Avenue is requesting a zone
change from R-1 to R-3 in order to request a Special Use Permit to conduct a Bed &
Breakfast business, establish a professional office on the property for a rental/event planning
office, and hold events such as weddings and parties on the grounds. (Reference Zoning
Cases 17-010 (SUP) and 17-011 (VAR).
IV. Land Use and Zoning Considerations:
1. The property is located on the east side of North Atkinson Avenue and is adjacent to
Spring River Park and Zoo on the property’s north and east boundary lines. The
property’s south boundary line is adjacent to Thunderbird Mobile Home Park which
is zoned MHC (Manufactured/Mobile Home Community). Single-Family residential
structures in the R-1 (Residential District) are situated directly across Atkinson
Avenue on the west side of the street. On the west side of Atkinson Avenue, just
south of this R-1 District and within the one-hundred foot notification area is a vacant
tract of land zoned R-3.
2. There are currently five (5) dwelling units on the 1.24 acre property which have
been used as rental units. The property is not in compliance with the R-1 permitted
uses. Rezoning the property to R-3 would bring the property into conformance with
the historic use of the property for multiple-dwellings on a lot.
3. The Manufactured Home Park located south of and adjacent to the property is a
higher density housing development. R-3 and R-2 zoning districts are typically
adjacent to MHC Districts in the City of Roswell.
4. Spring River Park and Zoo is zoned R-1. Based on the activity level, the use of this
property, and being open to the public, the park and zoo do not function as an R-1
District.
5. Atkinson Avenue from Brasher Road to Berrendo Road is designated as a Minor
Arterial according to the City of Roswell 2015 Comprehensive Master Plan
Functional Street Classification Plan. At times, the proposed use of the property as
a venue for weddings and parties may generate more vehicular traffic. At times,
Spring River Park and Zoo also generate more vehicular traffic. Atkinson Avenue is
designed and designated to handle the volume of vehicular traffic generated by
these uses. The proposed use is compatible with the street classification.
6. At times, special events and music concerts are held at Spring River Park and Zoo.
It is unlikely that the noise level of parties and weddings would have a significant
adverse impact on the surrounding residential neighborhoods.
Planning & Zoning, 17-009 ZOC Page 3 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-009 (ZOC)
1101 N Atkinson Ave Avenue
(Page 4 of 4)
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 rezoning request is compatible with surrounding land uses and existing land uses
in the 900 through 1100 blocks of North Atkinson Avenue.
5. As of the time of this writing, there have been zero (0) written and zero (0) verbal
protests received by the Planning & Zoning Office.
VI. Staff Recommendation:
Based on the findings of fact, the nature of the proposed land use consideration, the
surrounding land uses and zoning districts, and the regulations established in the
Zoning Ordinance, Staff recommends approval of Zoning Case 17-009 to change the
zoning of Lot 37 in EAST VIEW SUBDIVISION known as 1101 North Atkinson
Avenue from R-1 (Residential District) to R-3 (Residential District).
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 testimony and material introduced
at the hearing. The Planning and Zoning Commission may choose to add conditions
to the granting of the Special Use Permit such as hours of operation for parties and
events held on the property. The property owner is proposing to construct a six foot
tall solid screen fence on the south side of the property adjacent to the Manufactured
Home Park. The property owner has submitted a Request for Variance to waive the
requirement for a screen fence on the north and east boundaries facing the zoo in
order to enjoy the landscape and natural features and scenery. (See Case 17-011).
Planning & Zoning, 17-009 ZOC Page 4 of 4 May 23, 2017
EXHIBIT A: APPLICATION 17-010 SUP
EXHIBIT B: STAFF SUMMARY FOR CASE 17-010 (SUP)
1101 N ATKINSON AVE
(Page 1 of 4)
Roswell Planning & Zoning Commission
Tuesday, May 23, 2017
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 17-010 (SUP): A Request for Special Use Permit to use residential units on
the property for Bed & Breakfast guest quarters as well as long term rental
units; to construct a professional office with an attached garage on the
property to be used as the rental/event planning office; to install a commercial
kitchen in the main house; and to host weddings, parties, and social events on
the grounds.
Property Location: 1101 North Atkinson Avenue
Legal Description: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’ S: 34 T: 10S
R: 24E SW4NW4 N 10’ E 291’ W 321’ BK 591 PG 1271 WD JT
Owner: Britt Bourque
Applicant: Britt Bourque
Request: Request for a Special Use Permit to utilize existing residential structures
for a Bed & Breakfast and long term rentals, commercial kitchen in the
main house, professional office for rental and event planning activities,
and to host weddings and parties on the grounds.
II. Site Data:
Site Area: The lot is approximately 1.24 acres
Lot Frontage (west boundary) approximately 92’
South boundary approximately 300’
UPC: 4137061018123000000
Existing Land Use: House is used as a dwelling and has two separate attached dwelling units,
and two separate detached accessory dwelling units.
Proposed Land Use: Primary residential unit to be used as the owner’s residence, other four
residential units to be used as long term residential units and Bed and
Breakfast short stay units, proposed construction of a new structure for
owner’s garage and professional office to conduct rentals/event planning
business. Host events such as weddings and parties on the grounds.
Existing Zoning: R-1
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Spring River Park & Zoo R-1
South Mobile Home Community (Thunderbird) MHC
East Spring River Park & Zoo R-1
West Single Family Residential R-1
(on west side of Atkinson Ave) R-3 to SW
Planning & Zoning, 17-010 SUP Page 1 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-010 (SUP)
1101 N Atkinson Avenue
(Page 2 of 4)
Chaves County Assessor’s Map Zoning Map – 17-010 (SUP)
Aerial View (Image Date 5.1.2014)
GOOGLE EARTH PRO
1101 N Atkinson Ave
Street View (Image Date 4/2013)
GOOGLE EARTH PRO
1101 N Atkinson Ave and Surrounding Area
Aerial View (Image Date 5.1.2014)
Planning & Zoning, 17-010 SUP Page 2 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-010 (SUP)
1101 N Atkinson Ave Avenue
(Page 3 of 4)
III. Intent of Petition:
Pending approval of a zone change from R-1 to R-3 (Zoning Case 17-009 ZOC), the owner
of the residential property at 1101 N Atkinson Avenue is requesting a Special Use Permit to
conduct a Bed & Breakfast business; install a commercial kitchen in the main house;
establish a professional office on the property for a rental/event planning office; and hold
events such as weddings, parties, and social events on the grounds. (Reference Zoning
Cases 17-009 (ZOC) and 17-011 (VAR).
IV. Land Use and Zoning Considerations:
1. The property is located on the east side of North Atkinson Avenue and is adjacent to
Spring River Park and Zoo on the property’s north and east boundary lines. The
property’s south boundary line is adjacent to Thunderbird Mobile Home Park which
is zoned MHC (Manufactured/Mobile Home Community). Single-Family residential
structures in the R-1 (Residential District) are situated directly across Atkinson
Avenue on the west side of the street. On the west side of Atkinson Avenue, just
south of this R-1 District and within the one-hundred foot notification area is a vacant
tract of land zoned R-3.
2. There are currently five (5) dwelling units on the 1.24 acre property which have been
used as rental units; and the property owner wishes to continue use of four of the
units as long term rental units or Bed & Breakfast short stay rentals while utilizing the
primary residential structure as the owner's home.
3. The Manufactured Home Park located south of and adjacent to the property is a
higher density housing development. R-3 and R-2 zoning districts are typically
adjacent to MHC Districts in the City of Roswell.
4. Spring River Park and Zoo is zoned R-1. Based on the activity level of this public
venue as a regional attraction, the keeping of wild and exotic animals, use as a
venue for concerts and special events, the park and zoo do not function as a typical
activity in a low density residential district. Special events on the adjacent property
applying for a Special Use Permit may not pose a significant increase in activity,
noise level, or vehicular traffic to what the neighboring properties currently
experience.
5. Atkinson Avenue from Brasher Road to Berrendo Road is designated as a Minor
Arterial according to the City of Roswell 2015 Comprehensive Master Plan
Functional Street Classification Plan. At times, the proposed use of the property as a
venue for weddings and parties may generate more vehicular traffic. At times, Spring
River Park and Zoo also generates more vehicular traffic. Atkinson Avenue is
designed and designated to handle the volume of vehicular traffic generated by
these uses. The proposed use is compatible with the street classification.
6. The property has an existing circular drive, therefore vehicles will be able to exit the
property facing the street rather than backing onto the street.
Planning & Zoning, 17-010 SUP Page 3 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-010 (SUP)
1101 N Atkinson Ave Avenue
(Page 4 of 4)
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 Special Use Request is compatible with surrounding land uses and existing land
uses, and the street classification in the 900 through 1100 blocks of North Atkinson
Avenue.
5. As of the time of this writing, there have been zero (0) written and zero (0) verbal
protests received by the Planning & Zoning Office.
VI. Staff Recommendation:
Based on the findings of fact, the nature of the proposed land use consideration, the
surrounding land uses and zoning districts, and the regulations established in the
Zoning Ordinance, Staff recommends approval of Zoning Case 17-010 for a Special
Use Permit on Lot 37 in EAST VIEW SUBDIVISION known as 1101 North Atkinson
Avenue to:
A) Operate a Bed & Breakfast for short stay and long stay rentals in the existing
dwelling units on site with the provision that the owner resides in an existing
residential structure on site;
B) Install a commercial kitchen in the main residential structure;
C) Construct a professional office of less than ten thousand (10,000) square feet on
site to conduct rental and event planning activities with one van accessible parking
stall and two additional paved parking spaces; and
D) Hold weddings, parties, and social events on the grounds during certain hours
specified by the Planning & Zoning Commission
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 testimony and material introduced
at the hearing. The Planning and Zoning Commission may choose to add conditions
to the granting of the Special Use Permit such as hours of operation for parties and
events held on the property, and parking facilities. The property owner is proposing
to construct a six foot tall solid screen fence on the south side of the property adjacent
to the Manufactured Home Park. The property owner has submitted a Request for
Variance to waive the requirement for a screen fence on the north and east
boundaries facing the zoo in order to enjoy the landscape and natural features and
scenery. (See Case 17-011).
Planning & Zoning, 17-010 SUP Page 4 of 4 May 23, 2017
EXIBIT A: APPLICATION 17-011 VAR
EXHIBIT B: STAFF SUMMARY FOR CASE 17-011 (VAR)
1101 N ATKINSON AVE
(Page 1 of 4)
Roswell Planning & Zoning Commission
Tuesday, May 23, 2017
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 17-011 (VAR): A REQUEST FOR A VARIANCE
Property Location: 1101 North Atkinson Avenue
Legal Description: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’
S: 34 T: 10S R: 24E SW4NW4 N 10’ E 291’ W 321’ BK 591 PG
1271 WD JT
Owner: Britt Bourque
Applicant: Britt Bourque
Request: Request for a Variance to waive the requirement to
construct a six foot tall screen fence on the north and east
sides of the property
II. Site Data:
Site Area: Lot is approximately 1.24 acres
Lot Frontage (west boundary) approximately 92’
South boundary approximately 300’
UPC: 4137061018123000000
Existing Land Use: House used as a dwelling with two separate attached dwelling units,
and two separate detached accessory dwelling units.
Proposed Land Use: Primary residential unit to be used as the owner’s residence, other
four residential units to be used as long term residential units and
Bed and Breakfast short stay units, proposed construction of a new
structure for owner’s garage and professional office to conduct
rentals/event planning business. Host events such as weddings and
parties on the grounds.
Existing Zoning: R-1 (Requesting to Rezone to R-3 under Case 17-009 ZOC)
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Spring River Park & Zoo R-1
South Mobile Home Community (Thunderbird) MHC
East Spring River Park & Zoo R-1
West Single Family Residential R-1
(on west side of Atkinson Ave) R-3 to SW
Planning & Zoning, 17-011 VAR Page 1 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-011 (VAR)
1101 N Atkinson Avenue
(Page 2 of 4)
Chaves County Assessor’s Map Zoning Map –17-011 (VAR)
Aerial View (Image Date 5.1.2014)
GOOGLE EARTH PRO
1101 N Atkinson Ave
Street View (Image Date 4/2013)
GOOGLE EARTH PRO
1101 N Atkinson Ave and Surrounding Area
Aerial View (Image Date 5.1.2014)
Planning & Zoning, 17-011 VAR Page 2 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-011 (VAR)
1101 N Atkinson Ave Avenue
(Page 3 of 4)
III. Intent of Petition:
The owner of the residential property at 1101 N Atkinson Avenue is requesting a variance
to waive the Zoning Ordinance requirement in the R-3 Zoning District to construct a six foot
tall screen fence on the north and east sides of the property. A solid six foot (6’) tall screen
fence required in the R-3 District for multi-family dwellings, or for Special Uses, and in this
case to conduct a Bed & Breakfast business, establish a professional office on the property
for a rental/event planning office, and hold events such as weddings and parties on the
grounds. (Reference Zoning Cases 17-009 (ZOC) and 17-010 (SUP)).
Street View (Image Date 4/2013)
GOOGLE EARTH PRO
Spring River Park & Zoo & 1101 N Atkinson Ave
IV. Land Use and Zoning Considerations:
1. The property is located on the east side of North Atkinson Avenue and is adjacent to
Spring River Park and Zoo on the property’s north and east boundary lines. The
property’s south boundary line is adjacent to Thunderbird Mobile Home Park which
is zoned MHC (Manufactured/Mobile Home Community). Single-Family residential
structures in the R-1 (Residential District) are situated directly across Atkinson
Avenue on the west side of the street. On the west side of Atkinson Avenue, just
south of this R-1 District and within the one-hundred foot notification area is a vacant
tract of land zoned R-3.
2. There are currently five (5) dwelling units on the 1.24 acre property which have
been used as rental units. The property owner would like to maintain four of these
units for both long term rentals and short stay Bed & Breakfast units. (17-010 SUP)
3. The Manufactured Home Park located south of and adjacent to the property is a
higher density housing development.
Planning & Zoning, 17-011 VAR Page 3 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-011 (VAR)
1101 N Atkinson Ave Avenue
(Page 4 of 4)
4. Spring River Park and Zoo has water features and is a natural setting with scenic
landscapes. This city-owned property has a chain link fence that abuts the property
seeking a variance. The property owner seeking a variance from the screened
fence requirements would like to maintain the viewshed of Spring River Park and
Zoo’s scenic landscape and water features instead of blocking it with a screened
fence.
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. As of the time of this writing, there have been zero (0) written and zero (0) verbal
protests received by the Planning & Zoning Office.
VI. Staff Recommendation:
Based on the findings of fact, the nature of the proposed land use consideration, the
surrounding land uses and zoning districts, and the regulations established in the
Zoning Ordinance, Staff recommends approval of Zoning Case 17-011 to allow a
variance to waive the R-3 Zoning District requirement specifying a six foot (6’) tall
screened fence on the north and east sides of the property facing Spring River Park
and Zoo, with the provision that if the use changes from the current use with the
existing structures used as multiple-family dwellings or uses specified in the Special
Use Permit under Zoning Case 17-010 a screened fence will be constructed, for Lot
37 in EAST VIEW SUBDIVISION known as 1101 North Atkinson Avenue from R-1
(Residential District) to R-3 (Residential District).
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 testimony and material introduced
at the hearing. The Planning and Zoning Commission may choose to add conditions
to the granting of the Variance. The property owner is proposing to construct a six
foot tall solid screen fence on the south side of the property adjacent to the
Manufactured Home Park. (Reference Cases 17-009 ZOC and 17-010 SUP).
Planning & Zoning, 17-011 VAR Page 4 of 4 May 23, 2017
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR
ZONING CASES 17-009 (ZOC), 17-010 (SUP) 17-011 (VAR) (Page 1 of 2)
LETTER SENT VIA CERTIFIED MAIL ON MAY 9, 2017 TO SURROUNDING PROPERTY OWNERS
City of Roswell
Planning & Engineering Department
Planning & Zoning Office
PO Box 1838
Roswell, NM 88202-1838
Telephone: (575)637-6294 Fax: (575) 637.6277
RE: PUBLIC HEARING NOTICE for ZONING CASES 17-009 (ZOC), 17-010 (SUP) 17-011 (VAR)
Applications for Change in Zoning, Special Use Permit, and 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 &
Zoning Cases 17-009 (ZOC), 17-010 (SUP), and 17-011 (VAR).
ZONING APPLICANT: BRITT BOURQUE
PROPERTY OWNER: BRITT BOURQUE
PROPERTY LOCATION: 1101 NORTH ATKINSON AVENUE.
LEGAL DESCRIPTION: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’
S: 34 T: 10S R: 24E SW4N24 N 10’ E 291’ W 321’ BK 591 PG 1271 WD JT
CURRENT ZONING DISTRICT: R-3
DESCRIPTIONS OF ZONING APPLICATION REQUESTS:
CASE 17-009 (ZOC):
A Request for a Change in Zoning from R-1 (Residential) to R-3 (Residential).
CASE 17-010 (SUP):
A Request for a Special Use Permit for a Bed & Breakfast utilizing the five existing
residential structures on the property; Installation of a Commercial Kitchen within the
primary residential structure; An event planning office; and Permission to host events on
the property.
CASE 17-011 (VAR):
A Request for a Variance from the Zoning Ordinance to waive the requirement to
construct a six foot tall screen fence on the north and east sides of the property.
The City of Roswell Planning and Zoning Commission will hear public comments on the
above case on TUESDAY, MAY 23, 2017 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.
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR
ZONING CASES 17-009 (ZOC), 17-010 (SUP) 17-011 (VAR) (Page 2 of 2)
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 ten 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 at 415 North Richardson Avenue, or mailed to:
City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838, or via email
to m.hildreth@roswell-nm.gov.
The information packet for this zoning case will be available after 1:00 p.m., on
Wednesday, May 17, 2017 for viewing online at http://roswell-nm.gov/AgendaCenter, or for
viewing at the Planning & Zoning Office located on the first floor of City Hall Annex at 415
North Richardson Avenue. Copies of the information packet may be obtained from the
Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is
available online at: http://roswell-nm.gov/DocumentCenter/View/768
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign
language interpreter, or any other form of auxiliary aid or service to attend or participate in
the hearing or meeting, please contact Human Resources at 575-624-6700 at least one
week prior to the meeting or as soon as possible. Public documents including the agenda
and minutes can be provided in various accessible formats. Please contact the City Clerk
at 575-624-6700 if a summary or other type of accessible format is needed.
Respectfully,
Merideth Hildreth, M.A., AICP
Planning & Zoning Administrator
(Area Map on Separate Page – See Exhibit D - Enclosed)
EXHIBIT D: ZONING CASES 17-009 (ZOC), 17-010 (SUP), 17-011 (VAR) – CHAVES COUNTY ASSESSOR’S MAP
IDENTIFYING PROPERTY UNDER CONSIDERATION FOR ZONE CHANGE, SPECIAL USE PERMIT, AND VARIANCE
AND PROPERTIES WITHIN ONE-HUNDRED FOOT NOTIFICATION AREA
Address of Property Under Consideration: 1101 North Atkinson Avenue
LEGAL DESCRIPTION: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’ S: 34 T: 10S R: 24E
SW4N24 N 10’ E 291’ W 321’ BK 591 PG 1271 WD JT
Spring River Park and Zoo
10
9
8
7
6 1
5
4
3 2
PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA
EXHIBIT E: 17-009 ZOC; 17-010 SUP; 17-011 VAR
LIST OF PROPERTY OWNERS NOTIFIED OF PUBLIC HEARING
Notified via Certified Mail
Notified via First Class Mail
BRITT BOURQUE
PO BOX 727 OWER OR RESIDENT
ROSWELL, NM 88202 1102 N ATKINSON AVE
ROSWELL, NM 88201
THUNDERBIRD MOBILE HOME PARK
C/0 THOMAS MANAGEMENT GROUP
OWER OR RESIDENT
209 CHINOOK
LAS CRUCES, NM 88007 1104 N ATKINSON AVE
ROSWELL, NM 88201
DANIEL MYER, MANAGER
THUNDERBIRD MOBILE HOME PARK OWER OR RESIDENT
907 N ATKINSON AVE TRL 26 1106 N ATKINSON AVE
ROSWELL, NM 88201 ROSWELL, NM 88201
JOEL KEENEY & MARIA CALANCHE OWER OR RESIDENT
1000 N ATKINSON AVE 1108 N ATKINSON AVE
ROSWELL, NM 88201 ROSWELL, NM 88201
LOIDA V GARCIA
PO BOX 44 P&Z Staff Attended Parks & Recreation
HONDO, NM 88336 Commission Meeting on May 15, 2017
to inform Commissioners of pending zoning
RANDY & LINDA KOCHEVAR
case at property adjacent to Spring River Park
144 TIERRA GRANDE BLVD
ROSWELL, NM 88203 & Zoo
CANDELARIO & RAMONA SANCHEZ CITY OF ROSWELL
953 GREENLAND FOREST DR PO BOX 1838
MONUMENT, CO 80132 ROSWELL, NM 88202
JOSE MANUEL & MELODEE VALENE RODRIGUEZ
22 E LUPTON RD
DEXTER, NM 88230
PETE CARRILLO OR OWNER
1110 N ATKINSON AVE
ROSWELL, NM 88201
SATERO & BEATRICE MARQUES OR OWNER
1112 N ATKINSON AVE
ROSWELL, NM 88201
EXHIBIT A: APPLICATION 17-012 SUP
EXHIBIT B: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 1 of 4
3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east
Roswell Planning & Zoning Commission
Tuesday, May 23, 2017
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 17-012 (SUP): Special Use Permit to allow sheep and
goats for weed control and recycling activities.
I. Legal Description: Subd: WOOL BOWL INDUSTRIAL PARK Lot: 3 Quarter: NE S: 33
T: 10S R: 24E BK: 697 PG: 246 AND Lot: 4 Quarter: NE S: 33 T: 0S R: 24E BK: 697
WD JT AND Subd: WOODS Lot: 1 N 320.20 FT S 390.40 FT AND :- Lot: 2 N 30.40 FT
S 354.40 FT AND:- Lot: 3 N 312.4 FT S 352.40 FT / W 35 FT N 400 FT AND:- Lot: 10 N
110.44 FT , , , Quarter: NE S: 33 T: 10S R: 24E BK: 736 PG: 1158 SWD
Owner: Brandon Arnold
Applicant: Brandon Arnold
II. Site Address: 3 Wool Bowl Circle, 4 Wool Bowl Circle, and adjacent lot to the
East.
Request: Request for Special Use Permit to allow sheep and goats for
weed control.
II. Site data:
Site Area: 3 Wool Bowl Cir: 35,196± square feet; 4 Wool Bowl Cir: 35,196±
square feet; adjacent lot to the east: 189,660± square feet
UPC: 4136061302060000000; 4136061302041000000; 4136061324060000000
Existing Land Use: Custom Construction & Roofing, LLC
Proposed Land Use: Allow sheep and goats for weed control and recycling activities.
Existing Zoning: I-1
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Fastenal I-1
South Industrial Warehouse I-2
East Industrial Warehouse I-1
Vacant Lot R-3 & PUD
West Roswell Refuge I-1
Culligan I-1
Planning & Zoning, 17-012 (SUP) Page 1 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 2 of 4
3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east
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Chaves County Assessor’s Map
CASE 17-012 (SUP)
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Zoning Map
CASE 17-012 (SUP)
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Planning & Zoning, 17-012 (SUP) Page 2 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 3 of 4
3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east
III. Intent of Petition:
The applicant is requesting a Special Use Permit to allow goats and sheep for weed control
and recycling activities in an I-1 zone.
IV. Land Use and Zoning Considerations:
1. The interior lot properties, located at 3 & 4 Wool Bowl Circle and the adjacent lot to the
east, are industrial lots within the I-1 Industrial Zoning District.
2. These properties abut an I-1, R-3 and RVP/PUD on the east side. These properties
also abut an I-2 Industrial lot on the south side and I-1 Industrial lots are on the west
side.
3. City of Roswell Zoning Ordinance ARTICLE 9: I-1 LIGHT INDUSTRIAL DISTRICT
states the following: “This district is intended to provide for light manufacturing,
fabrication, assembly/disassembly, processing, and treatment activities conducted in
a manner not detrimental to the rest of the community by reason of emission or creation
of noise, vibration, smoke, dust or other particulate, toxic or noxious materials, odors,
fire, explosive hazards, glare, or heat.”
4. This use is permitted in I-1 with a Special Use Permit per Article 18: I-1 Light
Industrial District; Section 2: Use Regulations; B.3: Livestock feed and sales
yards; 7: Recycling activities in a structure with outside storage as a secondary
use. Outside storage to be screened with an 8 foot high solid wall except for
access openings, with a maximum opening of 16 feet with a solid gate(s);
8. Recycling center with outside storage as a principal use, such as a junk yard.
5. The applicant intends to use goats and sheep for weed control and conduct recycling
activities.
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.
Planning & Zoning, 17-012 (SUP) Page 3 of 4 May 23, 2017
EXHIBIT B: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 4 of 4
3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east
3. This agenda which includes this case has been posted at City Hall and on the City of
Roswell’s website for over seventy-two (72) hours as required by State of New Mexico
law for a public hearing.
4. As of the time of this writing, there have been zero (0) written and zero (0) verbal
protest received by the Planning & Zoning Office.
VI. Staff Recommendation:
Based on the Land Use and Zoning Considerations stated above, Staff recommends
approval of this application to allow a Special Use Permit to allow goats and sheep on
the property for weed control and recycling activities with the following conditions:
1) Animals stay within the proposed lots.
2) Must have 8 foot tall solid perimeter fence.
3) Recycled materials must remain organized on the lot.
4) Lots must remain free of litter and along rights-of-way and fence line along North
Spring River easement.
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, information provided in the Staff Summary
and packet, testimony and material introduced at the hearing with or without specifying
conditions.
Planning & Zoning, 17-012 (SUP) Page 4 of 4 May 23, 2017
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-012 (SUP)
LETTER SENT VIA CERTIFIED MAIL ON MAY 10, 2017 TO SURROUNDING PROPERTY OWNERS
City of Roswell
Planning & Engineering Department
Planning & Zoning Office
PO Box 1838
Roswell, NM 88202-1838
Telephone: (575)637-6294 Fax: (575) 637.6277
MAY 9, 2017
RE: PUBLIC HEARING NOTICE for ZONING CASE 17-012 SUP
Application for Special Use Permit
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 &
Zoning Case 17-012 SUP. The Applicant in this case is requesting a Special Use Permit for
the three properties known as 3 Wool Bowl Circle, 4 Wool Bowl Circle and the lot to the east
of these two lots to allow goats and sheep on the property for weed control and recycling
activities. The applicant requires a Special Use Permit per City of Roswell New Mexico’s
Zoning Ordinance Number 15-09 Amended July 9, 2015, Article 9: I-1 Light Industrial
District, Section 2: Use Regulations, B: Special Uses. 3: Livestock feed and sales yards. 7:
Recycling activities in a structure with outside storage as a secondary use. Outside storage
to be screened with an 8 foot high solid wall except for access openings, with a maximum
opening of 16 feet with a solid gate(s). 8: Recycling center with outside storage as a
principal use, such as a junk yard.
PROPERTY LOCATION: 3 Wool Bowl Circle, 4 Wool Bowl Circle and the lot to the
east of these lots.
LEGAL DESCRIPTION: Subd: WOOL BOWL INDUSTRIAL PARK Lot: 3 Quarter: NE S: 33 T:
0S R: 24E BK: 697 PG: 246 REC AND Lot: 4 Quarter: NE S: 33 T: 0S R: 24E BK: 697 WD JT
AND Subd: WOODS Lot: 1 N 320.20 FT S 390.40 FT AND :- Lot: 2 N 30.40 FT S 354.40 FT
AND:- Lot: 3 N 312.4 FT S 352.40 FT / W 35 FT N 400 FT AND:- Lot: 10 N 110.44 FT , , ,
Quarter: NE S: 33 T: 10S R: 24E BK: 736 PG: 1158 SWD
PROPERTY OWNER: Brandon Arnold
APPLICANT: Brandon Arnold
CURRENT ZONING DISTRICT: I-1
The City of Roswell Planning and Zoning Commission will hear public comments on the
above case on TUESDAY, MAY 23, 2017 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 ten 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 at 415 North Richardson Avenue, or mailed to:
City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838, or via email
to m.martinez@roswell-nm.gov.
The information packet for this zoning case will be available after 1:00 p.m., on
Wednesday, May 17, 2017 for viewing online at http://roswell-nm.gov/AgendaCenter, or for
viewing at the Planning & Zoning Office located on the first floor of City Hall Annex at 415
North Richardson Avenue. Copies of the information packet may be obtained from the
Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is
available online at: http://roswell-nm.gov/DocumentCenter/View/768
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign
language interpreter, or any other form of auxiliary aid or service to attend or participate in
the hearing or meeting, please contact Human Resources at 575-624-6700 at least one
week prior to the meeting or as soon as possible. Public documents including the agenda
and minutes can be provided in various accessible formats. Please contact the City Clerk
at 575-624-6700 if a summary or other type of accessible format is needed.
Respectfully,
Miguel Martinez
Planning & Zoning Technician
(Area Map on attached page – Exhibit D)
EXHIBIT D: CASE 17-012 (SUP) – CHAVES COUNTY ASSESSOR’S MAP
IDENTIFYING THREE (3) PROPERTIES UNDER CONSIDERATION FOR SPECIAL USE PERMIT
AND PROPERTIES WITHIN ONE-HUNDRED FOOT NOTIFICATION AREA
Properties Under Consideration of Special Use Permit:
3 Wool Bowl Circle, 4 Wool Bowl Circle, and the adjacent property to the south and east
Legal Description for three lots under this Special Use Permit Request:
Adjacent Lot Subd: WOODS Lot: 1 N 320.20 FT S 390.40 FT AND: Lot: 2 N 30.40 FT S 354.40 FT AND: -
1
Lot: 3 N 312.4 FT S 352.40 FT / W 35 FT N 400 FT AND: -Lot: 10 N 110. FT,,, Quarter: NE S: 33 T:
10S R: 24E BK: 736 PG: 1158 SWD. (Owner: CUSTOM CONSTRUCTION & ROOFING, LLC
2 4 Wool Bowl Circle Subd: WOOL BOWL INDUSTRIAL PARK Lot: 4 Quarter: NE S: 33 T: 10S R: 24E BK: 697
PG: 386 WD JT. (Owner: BRANDON & AMANDA ARNOLD)
3 Wool Bowl Circle Subd: WOOL BOWL INDUSTRIAL PARK Lot: 3 Quarter: NE S: 33 T: 10S R: 24E BK: 697
3 PG: 246 REC. (Owner: BRANDON & AMANDA ARNOLD)
PROPERTIES UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA
8 9
10 14
7
6 11 13
12 15
5 2
1 16
23 4 3
22
19 18
21 17
20
EXHIBIT E: 17-012 SUP
LIST OF PROPERTY OWNERS NOTIFIED OF PUBLIC HEARING
Notified via Certified Mail
AMADOR, ROBERT R; AMADOR, PAULINE E
CUSTOM CONSTRUCTION & ROOFING LLC
313 STATE ROAD 399, SPACE #51
PO BOX 1058
ESPANOLA, NM 87532
ROSWELL, NM 88202
ROSWELL INVESTMENT & DEVELOPMENT CO
BRANDON & AMANDA ARNOLD
6720 E CAMINO PRINCIPAL, SUITE 102
420 TIERRA BERRENDA DR
TUCSON, AZ 85715
ROSWELL, NM 88201
CHAVES, COUNTY OF SADDLE BARN INC
#1 ST MARY’S PLACE 1102 N GARDEN AVENUE
ROSWELL, NM 88203 ROSWELL, NM 88201
P T PRODUCTIONS INC SADDLE BARN TACK DIST INC
PO BOX 344 PO DRAWER 2465
ROSWELL, NM 88202 ROSWELL, NM 88202
PEREA ROSWELL INVESTMENTS LLLP
6050 EAST 56TH AVENUE
COMMERCE CITY, CO 80022
AINSWORTH LIVING TRUST; JERRY Z & LIZA
1011 LAKE ST (HAND DELIVERED)
SITKA, AK 99835 CITY OF ROSWELL
PO BOX 1838
THOMAS E JENNINGS ROSWELL, NM 88202-1838
PO BOX 1797
ROSWELL, NM 88202-1797
CHAVES COUNTY DOOR & SUPPLY INC
1212 N GARDEN AVE
ROSWELL, NM 88201
SLAYTON, PAUL
PO BOX 2035
ROSWELL, NM 88202
FARMER BROS CO
PO BOX 77057
FORT WORTH, TX 76177
BARNHILL, CLAYTON; BARNHILL, JEANNINE
PO BOX 2304
ROSWELL, NM 88202
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