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Planning & Zoning Commission

Regular Meeting

Roswell, NM · April 24, 2018

AgendaMinutes

Minutes

P&Z REGULAR MEETING MINUTES Tuesday, April 24, 2018 - 6:00 PM Roswell Planning & Zoning Commission Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Vice Chair: Riley Armstrong Members: David Storey, Saul Aguilar, James MacCornack Kent Taylor, Jessie McDaniel, Janna Lessard Planning 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 17-49. A. CALL TO ORDER AND WELCOME – Vice Chair Riley Armstrong A regular meeting of the Planning & Zoning Commission was called to order at approximately 6 p.m. by Chair Brown. B. ROLL-CALL Riley Armstrong (Vice Chair) PRESENT David Storey PRESENT James MacCornack PRESENT Saul Aguilar PRESENT Janna Lessard PRESENT Kent Taylor ABSENT Jesse McDaniel PRESENT Staff Members Present: William Morris, AICP, CZO, Planning Manager Miguel Martinez, Planning & Zoning Administrator Louis Najar, Director of Planning & Engineering Audience Members Present: Elizabeth Roberts, Todd Wagener, Sonia Ortega, Albert Ortega, Judy Stubbs, Lisa Dunlap, Larry Fresquez, Shawn Sexton, Vanessa Sexton, Tom Jordan, Sherryl Jordan, Corey Fowler, Larry Connelly, Blanca DeHaro Planning & Zoning Commission April 24, 2018 Minutes Page 1 of 6 C. SWEARING IN: Vice Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Storey made a MOTION to approve the agenda as presented. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) E. MINUTES: Consider approval of the March 27, 2018 P&Z Regular Meeting Minutes Commissioner Storey made a MOTION to approve the March 27, 2018, Regular Meeting Minutes as written. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) F. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. ELECTION OF PLANNING & ZONING COMMISSION OFFICERS: The Planning & Zoning Commission will elect officers to serve from April 2018 through March 2019: Chair, Vice Chair, and Secretary. Commissioner Storey made a MOTION to nominate Riley Armstrong as Chairman of Planning & Zoning Commission. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Chair Armstrong made a MOTION to nominate David Storey as Vice Chairman of Planning & Zoning Commission. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Vice Chair Storey made a MOTION to nominate Jesse McDaniel as Secretary of Planning & Zoning Commission. Second by Commissioner Armstrong. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Planning & Zoning Commission April 24, 2018 Minutes Page 2 of 6 Chair Armstrong recused himself from Cases 18-005 ZOC and 18-006 CUP. Vice Chair David Storey chaired these cases. 2. CASE 18-005 ZOC: A Request for a Change in Zoning from R-1 to R-3 (Residential District) for a Daycare Center. Legal Description: Subd: BINNS Block: 3 Lot: 24 AND: - Lot 25 S: 6 T: 11S R: 24E BK 785 PG 1255 WD. Property Address: 602 S Mississippi Avenue (Owner: First United Pentecostal Church/Agent: Larry D. Fresquez). Commissioner McDaniel made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 18-005. Second by Commissioner Aguilar. The motion passed by a voice vote of five to zero. (Absent: Commissioner Taylor) (Recused: Chair Armstrong) Vice Chair Storey: Is there anyone wishing to speak in favor of Case: 18-005? In Favor: Larry Fresquez Sonya Ortega Jesse McDaniel: Asked if there was another access or if Mississippi Ave was the only access? Vice Chair Storey: Is there anyone wishing to speak against Case 18-005? Against: None Mr. Morris: Stated the proposed zoning is compatible with the area. Mr. Najar: Stated he agreed that the proposed zoning is a good buffer. MOTION – 18-005 ZOC Commissioner McDaniel made a motion to approve a Zone Change for Case Number 18-005. Second by Commissioner Aguilar. The motion passed by a voice vote of five to zero. (Absent: Commissioner Taylor) (Recused: Chair Armstrong) Planning & Zoning Commission April 24, 2018 Minutes Page 3 of 6 3. CASE 18-006 CUP: A Request for a Conditional Use Permit for a Daycare Center. Legal Description: Subd: BINNS Block: 3 Lot: 24 AND: -Lot 25 S: 6 T: 11S R: 24E BK 785 PG 1255 WD. Property Address: 602 S Mississippi Avenue (Owner: First United Pentecostal Church/Agent: Larry D. Fresquez). Commissioner McDaniel made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 18-005. Second by Commissioner MacCornack. The motion passed by a voice vote of five to zero. (Absent: Commissioner Taylor) (Recused: Chair Armstrong) Vice Chair Storey: Is there anyone wishing to speak in favor of Case: 18-006? In Favor: Larry Fresquez: CYFD has been included in the inspection of the property as well as the Fire Marshall. Vice Chair Storey: Is there anyone wishing to speak against Case 18-006? Against: None Mr. Morris: Staff recommends approval. Mr. Najar added that he has visited the site and would like to add the condition that additional parking be added to the south side of the building within one year. MOTION – 18-006 CUP Commissioner McDaniel made a motion to approve a Conditional Use Permit for Case Number 18-006 with the condition to add four additional parking spaces to south side of building based on staff recommendations. Second by Commissioner Lessard. The motion passed by a voice vote of five to zero. (Absent: Commissioner Taylor) (Recused: Chair Armstrong) Chair Armstrong returned to his seat and resumed chairing the meeting. Planning & Zoning Commission April 24, 2018 Minutes Page 4 of 6 4. CASE 18-007 FPLAT: A Final Plat to subdivide a lot in Mesa Park Addition No. 1 into five residential lots to be known as Harding and Carver Subdivision. Legal Description: Subd: MESA PARK 1 Block: 6 Lot: 16 Less W 30’ BK 753 PG 665 WD. Property Address: 2400 Carver Drive (Owner: William C Dennis/Agent: Todd Wagener, Wagener Engineering). Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 18-007. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Vice Chair Storey: Is there anyone wishing to speak in favor of Case: 18-007? In Favor: Todd Wagener Commissioner Aguilar: Asked if there were any environmental issues from chlorine or anything? Vice Chair Armstrong: Is there anyone wishing to speak against Case 18-007? Against: Tom Jordan Corey Fowler Shawn Sexton Vanessa Sexton Blanca DeHaro The comments from those who spoke against Case 18-007 FPLAT were general concerns about too many lots, decrease in property values, and increase in traffic. Todd Wagener stated the new homes would meet setback requirements and the lots are deeper than existing lots in the area. Mr. Morris: Square footage of the lots and lot size meets the standards of the R-1 Zoning District. Mr. Najar: Twenty-three percent of the neighbors complained. The proposal does meet City specifications. Planning & Zoning Commission April 24, 2018 Minutes Page 5 of 6 MOTION – 18-007 FPLAT Commissioner Storey made a motion to approve Case 18-007 along with the land use and zoning considerations, finding of facts, staff recommendations, and the testimony we have received tonight. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Mr. Morris: This case will be presented at the City Council on May 10, 2018 at 6:00 p.m., in this room. The Planning & Zoning Commission’s decision is a recommendation to the City Council. Mr. Najar: Made a statement to the audience. This is part of the public hearing process and the letters sent to the neighbors is part of the process. Those who stay home or don’t write forfeit their right to be heard. 5. PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Several text Amendments to the City of Roswell Zoning Ordinance; addition of Reserve Articles; addition of the following Zoning Districts: Very Low Residential, Low Residential, Mixed Use Plaza, Parks and Recreation, Institutional, RV Parks; and Renumbering the Articles. Commissioner Storey made a motion to table the Proposed Text Amendments for May 28, 2018 P&Z meeting. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) G. OTHER BUSINESS None H. PUBLIC COMMENTS Larry Connelly: To the new members on the commission, good luck. Thank you for serving. I. ADJOURN The meeting adjourned at 6:57 p.m. Planning & Zoning Commission April 24, 2018 Minutes Page 6 of 6

Agenda

City of Roswell Planning & Zoning Commission Agenda Tuesday, April 24, 2018 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 Planning & Zoning 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 March 27, 2018 P&Z Regular Meeting Minutes F. Public Hearing Items 1. ELECTION OF PLANNING & ZONING COMMISSION OFFICERS: The Planning & Zoning Commission will elect officers to serve from April 2018 through March 2019: Chair, Vice Chair, and Secretary. 2. CASE 18-005 ZOC: A Request for a Change in Zoning from R-1 to R-3 (Residential District) for a Daycare Center. Legal Description: Subd: BINNS Block: 3 Lot: 24 AND: -Lot 25 S: 6 T: 11S R: 24E BK 785 PG 1255 WD. Property Address: 602 S Mississippi Avenue (Owner: First United Pentecostal Church/Agent: Larry D. Fresquez). 3. CASE 18-006 CUP: A Request for a Conditional Use Permit for a Daycare Center. Legal Description: Subd: BINNS Block: 3 Lot: 24 AND: -Lot 25 S: 6 T: 11S R: 24E BK 785 PG 1255 WD. Property Address: 602 S Mississippi Avenue (Owner: First United Pentecostal Church/Agent: Larry D. Fresquez). 4. CASE 18-007 FPLAT: A Final Plat to subdivide a lot in Mesa Park Addition No. 1 into five residential lots to be known as Harding and Carver Subdivision. Legal Description: Subd: MESA PARK 1 Block: 6 Lot: 16 Less W 30’ BK 753 PG 665 WD. Property Address: 2400 Carver Drive (Owner: William C Dennis/Agent: Todd Wagener, Wagener Engineering). 5. PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Several text Amendments to the City of Roswell Zoning Ordinance; addition of Reserve Articles; addition of the following Zoning Districts: Very Low Residential, Low Residential, Mixed Use Plaza, Parks and Recreation, Institutional, RV Parks; and Renumbering the Articles. 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 17-49. 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: April 19, 2018 Planning & Zoning Commission Agenda 1 April 24, 2018 P&Z REGULAR MEETING DRAFT MINUTES Tuesday, March 27, 2018 - 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 Members: Shirley Childress, Toby Gross, David Storey, Kent Taylor, Jessie McDaniel Planning 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 17-49. A. CALL TO ORDER AND WELCOME – Vice Chair Riley Armstrong A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Vice Chair Armstrong. B. ROLL-CALL Ralph Brown (Chair) ABSENT 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, Planning & Zoning Administrator William Morris, AICP, CZO, Planning Manager Miguel Martinez, Planning & Zoning Administrator Louis Najar, Director of Planning & Engineering Parker Patterson, Deputy City Attorney Aaron Holloman, City Attorney Audience Members Present: Martin Espinoza, Sonya Lara, Judith McDonald, Michael Garcia, John M. Garcia, Lisa Dunlap, City Councilor Judy Stubbs, Juan Bower, Mike Garrin Planning & Zoning Commission March 27, 2018 Minutes Page 1 of 10 C. SWEARING IN: Vice Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Taylor made a MOTION to approve the agenda as presented. Second by Commissioner Gross. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner McDaniel) E. MINUTES: Consider approval of the February 27, 2018 P&Z Regular Meeting Minutes Commissioner Childress made a MOTION to approve the minutes as presented for the February 27, 2018 meeting. Second by Commissioner Gross. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner McDaniel) F. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. CASE 18-003 CUP: A Request for Conditional Use Permit for Major Home Occupation - Daycare for up to 12 children in the R-1 Residential Zoning District. Legal Description: Subd: STEVEALLEN Block: 2 Lot: 7 BK 761 PG 1242 SWD. Property Address: 2003 W Juniper Street (Owner: Debbie Espinoza; Agent: Martin Espinoza). Commissioner Childress made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations for Case 18-003. Second by Commissioner Storey. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner McDaniel) Vice Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-003? In Favor: Martin Espinoza Vice Chair Armstrong: Is there anyone wishing to speak against Case 18-003? Against: Mike Garrin (not for or against, expressed concern about traffic and parking) Judith McDonald Planning & Zoning Commission March 27, 2018 Minutes Page 2 of 10 Mr. Morris stated Staff has recommended the applicant add another off-street parking space in the front yard for loading and unloading. They are already operating to care for up to six children. They are adding an additional six trips coming and going to what is happening now. The site must meet the licensing criteria from Youth and Family Services. One of the requirements is to provide a copy of that license to Zoning Staff. Mr. Morris stated he recommends approval subject to the conditions of approval listed on page 4 (of Exhibit B Staff Report). Commissioner Gross asked Mr. Najar to give his assessment on the parking situation. Mr. Najar stated he has passed by the property several times to assess the parking situation and has not seen a lot of traffic, only one or two cars in the yard, and it has been quiet. Mr. Najar stated he agrees with the condition to install an additional parking space. Mr. Najar advised that six additional children would not be detrimental to the neighborhood. It is a residential street. The City has permitted similar daycares in residential neighborhoods. If CYFD licenses this daycare, Mr. Najar stated he would concur. Vice Chair Armstrong: The packet shows that fourteen property owners were notified and three protest letters were submitted. Mr. Morris: Two of the protest letters did not provide addresses. The letters were dropped off at the office. When opened, the letters did not indicate who dropped off the letters. Commissioner Storey asked Mr. Garrin, since he lives next door, if he has noticed any issues with the traffic or other problems with the existing daycare for six children. Mr. Garrin answered he wanted to speak on their behalf. If Mr. Espinoza hadn’t said anything, Mr. Garrin reported he wouldn’t have known there were six children next door. Mr. Garrin stated he is not seeing extra traffic. He further stated he didn’t notice the first six and doesn’t think he will notice the additional six children. After listening to the testimony at the hearing, his concerns about traffic have been addressed. Planning & Zoning Commission March 27, 2018 Minutes Page 3 of 10 MOTION – 18-003 CUP Commissioner Storey made a motion to approve Case Number 18-003, an application for a Conditional Use Permit for a Major Home Occupation daycare up to twelve children along with the land use and zoning considerations, the findings of facts, and include the staff recommendations along with the testimony we have received tonight. Second by Commissioner Childress. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner McDaniel) Mr. Espinoza stated that the daycare has up to four clients at this moment. It doesn’t create congestion in the street. There’s a group of kids that get dropped off at different times. We have three separate plays areas and adequate room, a nice big back yard, arts and crafts, plenty to eat, a sleeping area, and education area, and the daycare has already been certified through CYFD. If we start watching more kids, we want to be licensed for that. Mr. Morris stated appeals to the City Council must be made in writing by noon on Thursday to the City Clerk. 2. CASE 18-004 VAR: A Request for a Variance to Rear Yard Setback, Street Side Yard Setback, Rear Yard Coverage for Garage, and non-standard Drivepad. Legal Description: Subd: STEVEALLEN #2 REDIV Block: 1 Lot: 6 BK 585 PG 1137 REC. Property Address: 17 Cedar Drive (Owner: Michael Garcia). Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 18-004. Second by Commissioner Childress. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner McDaniel) Vice Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-004? In Favor: Michael Garcia Vice Chair Armstrong asked Mr. Garcia when he started building his garage. Mr. Garcia answered about this time last year. Planning & Zoning Commission March 27, 2018 Minutes Page 4 of 10 Commissioner Gross asked Mr. Garcia if he had a licensed contractor build it. Mr. Garcia answered that the company he bought the garage from supplied the contractor to install it. Commissioner Gross asked Mr. Garcia if he knew if the contractor was a licensed contractor. Mr. Garcia answered “No, Sir.” Mr. Garcia stated he bought the garage from Affordable Portables. When he paid for the building, installation was included, and Affordable Portables sent a crew to install it. Commissioner Gross said that unfortunately, we’ve seen that on many occasions. He asked Mr. Garcia if the City Red Tagged the garage. Mr. Garcia said the garage had already been completed when the City told him he needed a permit. Mr. Morris said that Code Enforcement came across it and started the process. Commissioner Storey asked Mr. Garcia what the building is used for and about the existing garage. Mr. Garcia said he uses the garage to park his truck for independence and security. The existing garage has a ledge he cannot navigate and is too small to park a vehicle. The little storage will be removed so the garage can be ten feet from the house. Commissioner Gross asked if the Building Inspector inspected the building or just red tagged it? And further asked if it is on a concrete footing? Mr. Garcia stated it was built on a six inch concrete pad. There was further discussion about the contractor and dealer and the building permit process. Mr. Morris: Staff has concerns about the steepness of the drive pad, ADA, and the closeness of the power lines. Commissioner Taylor asked what the main issues are for the variance request. Planning & Zoning Commission March 27, 2018 Minutes Page 5 of 10 Mr. Najar stated there are two main concerns. The first concern is the potential fire issue which will improve if Mr. Garcia tears down the old storage area to provide a ten foot distance between the house and garage. Mr. Najar further stated he would like to see if Excel is okay with the powerline being six inches from top of the garage roof. Mr. Najar stated he doesn’t like the setbacks but could probably accept the rear yard and side yard setbacks. Commissioner Storey questioned the lack of provision for ADA cross slopes across the driveway and no sidewalk. Commissioner Taylor stated he thinks Mr. Garcia acted in good faith to get the garage and the negligence is on the contractor and supplier. Commissioner Taylor posed a question to City Attorney to see what the City can do to put pressure on the vendor to remedy the problems with the construction of this building. Mr. Patterson suggested the City take up the issue with Chaves County. Mr. Morris state the company is located in the ETZ (Extraterritorial Zone). Ms. Hildreth stated that Staff has contacted Affordable Portables and verified they do have a business license to conduct business in the City. However, the subcontractor did not have a business license. The course of action Staff will take is to send out letters on City letterhead to the dealers who sell portable buildings. The letters will state that a building permit needs to be pulled before a building is installed; and the City will ask that the letter be given to any customer in the city limits who signs a contract for a portable building. Third party contractors who install the buildings will need to register with the City and obtain a City Business License. Commissioner Storey stated that is well and good going forward. That doesn’t help Mr. Garcia now. They are doing business in the City even though the business is in the ETZ. It seems like the City would have recourse on behalf of Mr. Garcia. Mr. Morris stated it is not just this one, there are others situations like this out there. We need to act on this one and address all the other vendors of these type of portables out there. Mr. Patterson stated it depends on if there is a violation of the contract between the property owner and the supplier. The applicant could look at unfair trade practices and make complaint to the Attorney General through his own legal counsel. Planning & Zoning Commission March 27, 2018 Minutes Page 6 of 10 Vice Chair Armstrong stated he thinks Mr. Garcia purchased this building in good faith. Unfortunately, the company didn’t install it the way it should have been done. At the end, this process rests entirely with Mr. Garcia going forward because he is at the meeting because someone install the building the wrong way. Mr. Garcia stated he was planning to have Xcel move the electric line and tear down the garage storage area. Vice Chair Armstrong: Is there anyone wishing to speak against Case 18-004? Against: None Mr. Morris stated if this case is approved, approval should include the conditions raised by Mr. Najar and issuance of a building permit issued with a final inspection. Vice Chair Armstrong asked if there were any (written) protests. Mr. Morris: No. Mr. Najar: If the Commission were to approve this case, he would recommend the owner proceed with demolition of existing garage-storage area to provide the ten foot distance and proceed with Excel moving the service drop to the house so it’s safe for everyone concerned. Commissioner Taylor: What happens next if we deny this? Mr. Morris stated that like other structures that have been red tagged if no variance approved it has to be removed or modified in such a way to not need the variances. Mr. Najar stated that if the owner demolishes the existing garage-storage, it would get rid of some of the variances. Vice Chair Armstrong asked if the Commission requested removal of the building and Excel to move power lines, could the Commission table this case until those two items are done. Mr. Najar stated that to table the case for thirty, sixty, or ninety days to give the owner time to do those two actions would be an excellent recommendation. Planning & Zoning Commission March 27, 2018 Minutes Page 7 of 10 MOTION – 18-004 VAR Commissioner Taylor made a motion to table Case Number 18-004 with the removal of the existing garage-storage area and working with Excel to remove the electrical line problem. Second by Commissioner Childress. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner McDaniel) 3. NOMINATION OF P&Z COMMISSION MEMBERS TO FILL VACANCIES: The Planning & Zoning Commission will nominate three applicants to serve a four-year term. Vice Chair Armstrong stated that three Commissioners terms expire at the end of this month: Toby Gross, Ralph Brown, and Shirley Childress. Commissioner Storey stated there was another applicant by the name of Jana Lessard who thought she had applied, but the application didn’t go through. She would like to serve and to be considered. The Commission decided to choose from the list of four that successfully submitted an application. Mr. Najar asked if the Commission can nominate all three or can they recommend all four? Mr. Morris said they can nominate all four and the Mayor will make the selection. Planning & Zoning Commission March 27, 2018 Minutes Page 8 of 10 MOTION – NOMINATION OF PLANNING & ZONING COMMISSION MEMBERS TO FILL VACANCIES AND SERVE FOUR-YEAR TERMS Commissioner Gross motioned to nominate all four candidates to serve on the Planning & Zoning Commission for one four-year term each, and to forward the list of nominated candidates to the Mayor for recommendation to the City Council: Second by Commissioner Storey. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner McDaniel) Mr. Najar stated that any of the four would make a good Commissioner and each of the candidates is strong in the community, forward thinking, and trying to build the community of Roswell. Vice Chair Armstrong mentioned Jana Lessard would make a good Commissioner and it was unfortunate that her application didn’t get in. Mr. Holloman stated that the only thing in the ordinance is that the Mayor appoint and the City Council approve. Mr. Holloman suggested talking to the City Clerk about adding Jana Lessard’s name to be considered by the Mayor. Mr. Morris and Mr. Najar suggested the Commission could amend the vote to include all five candidates on the list. Commissioner Gross amended his motion to nominate a list of five candidates instead of a list of four candidates to serve on the Planning & Zoning Commission for one four- year term each, and to forward the list of nominated candidates to the Mayor for recommendation to the City Council: Second by Commissioner Storey. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner McDaniel) Planning & Zoning Commission March 27, 2018 Minutes Page 9 of 10 G. OTHER BUSINESS Mr. Morris introduced the City’s new Assistant City Attorney. Mr. Patterson introduced himself as Parker Patterson, the Deputy City Attorney. Mr. Morris state he appreciated having legal staff at the Commission meetings. Vice Chair Armstrong stated that one of the new Council Members Judy Stubbs is in the audience. H. PUBLIC COMMENTS Ms. Hildreth thanked the outgoing Commissioners for their service to the City and expressed appreciation for their time and effort and showing up so many times to Commission meetings. Mr. Morris remembered Ralph Brown and his recovery. Vice Chair Armstrong mentioned it has been a pleasure to serve with Ralph Brown, Shirley Childress and Toby Gross. Their knowledge will be missed. Commissioner Childress stated it’s been a pleasure to serve and acknowledged the hard work of the Commissioners and Staff on behalf of the City. Commissioner Gross stated he doesn’t know what he’s going to do on Tuesday nights once a month. I. ADJOURN The meeting adjourned at 6:55 p.m. Planning & Zoning Commission March 27, 2018 Minutes Page 10 of 10 AGENDA ITEM 1 APRIL 24, 2018 PLANNING & ZONING COMMISSION STAFF SUMMARY FOR ELECTION OF P&Z COMMISSION OFFICERS Roswell Planning & Zoning Commission Tuesday, April 24, 2018 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street ACTION REQUESTED: ELECT P&Z COMMISSION MEMBERS FOR THE FOLLOWING OFFICER POSITIONS: CHAIR VICE CHAIR SECRETARY BACKGROUND: Elect officers to serve one year terms. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: None BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission elect officers. STAFF RECOMMENDATION: N/A EXHIBIT A: 18-005 ZOC APPLICATION EXHIBIT B: STAFF SUMMARY FOR CASE 18-005 (ZOC) 602 S MISSISSIPPI AVENUE (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, April 24, 2018 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 18-005 (ZOC): ZONE CHANGE FOR A CHILD CARE CENTER I. Property Location: 602 S MISSISSIPPI AVENUE Legal Description: Subd: BINNS Block: 3 Lot: 24 AND:- Lot: 25 , S: 6 T: 11S R: 24E BK 785 PG 1255 WD Owner: FIRST UNITED PENTECOSTAL CHURCH Request: A Request for a Zone Change from R-1 to R-3 to operate a Child Care Center. II. Site Data: Site Area: 132’ X 133’ Corner Lot UPC: 4134062503256000000 Existing Land Use: Church Proposed Land Use: Child Care Center Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-1 South Vacant Lot C-2 East Residential/Vacant Lot R-1 West Vacant Lot R-1 Planning & Zoning, 18-005 ZOC Page 1 of 4 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-005 (ZOC)  602 S MISSISSIPPI AVENUE (PAGE 2 OF 4) Chaves County Assessor’s Map Zoning Map for 18-005 (ZOC) Planning & Zoning, 18-005 ZOC Page 2 of 4 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-005 (ZOC) 602 S MISSISSIPPI AVENUE (PAGE 3 OF 4) III. Intent of Petition: The owner of the residential property at 602 S Mississippi Avenue is requesting a Zone Change from an R-1 to an R-3 to operate a Child Care Center. IV. Land Use and Zoning Considerations: 1. The property under consideration is a corner lot currently zoned R-1. 2. The property is approximately 133’ wide by 132’ in depth. 3. Property is surrounded by residential zoning and C-2 zoning to the south. 4. Church has been shut down and is being completely converted into a Child Care Facility. 5. The lots to the west are all vacant. Source: Google Earth 3/13 Planning & Zoning, 18-005 ZOC Page 3 of 4 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-005 (ZOC) 602 S MISSISSIPPI 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. As of the time of this writing, there have been one (1) written and zero (0) verbal protests and zero (0) written letters of support 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, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 18-005 ZOC. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. The Planning and Zoning Commission may choose to add conditions if variances are granted. Planning & Zoning, 18-005 ZOC Page 4 of 4 April 24, 2018 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 18-005 (ZOC) AND 18-006 (CUP) LETTER SENT VIA CERTIFIED MAIL ON APRIL 6, 2018 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) 624-6820 RE: PUBLIC HEARING NOTICE for ZONING CASES 18-005 ZOC AND 18-006 CUP Applications for a Change in Zoning and a Conditional 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 18-005 ZOC and Case 18-006 CUP. The Property Owner in this case is requesting a Change in Zoning from R-1 (Residential) to R-3 (Residential) in order to operate a child care center. PROPERTY LOCATION: 602 S Mississippi Avenue LEGAL DESCRIPTION: Subd: BINNS Block: 3 Lot: 24 AND: -Lot 25 S: 6 T: 11S R: 24E BK 785 PG 1255 WD OWNER OF PROPERTY: First United Pentecostal Church AGENT: Larry D. Fresquez CURRENT ZONING DISTRICT: R-1 Request: A Request for Change in Zoning from R-1 to R-3 and a Request for a Conditional Use Permit for a Child Care Center. The City of Roswell Planning and Zoning Commission will hear public comments on the above cases on TUESDAY, April 24, 2018 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 eight 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 sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, April 18, 2018. You may 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 P&Z Packet may be viewed online at www.roswell-nm.gov. 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 (Area Map on Reverse Side ) Planning & Zoning Administrator EXHIBIT D: CASE 18-005 (ZOC) & CASE 18-006 (CUP) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION (602 S MISSISSIPPI AVENUE) FOR A CHANGE IN ZONING FROM R-3 TO R-1 AND A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER AND PROPERTIES WITHIN NOTIFICATION AREA 5 1 2 3 4 6 7 10 9 8 12 13 14 11 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 602 S MISSISSIPPI AVENUE EXHIBIT E: 18-005 (ZOC) AND 18-006 (CUP) LIST OF PROPERTY OWNERS NOTIFIED 1&2 14 KELLY PECK GARY GOURLEY & MARY GOURLEY 803 W HERVEY DR 2801 W 23RD STREET ROSWELL, NM 88203 ROSWELL, NM 88201 3 GARY GOURLEY & MARY GOURLEY ROBERT AKIN & MARSHA AKIN 700 S SUNSET AVE 4705 APACHE HILLS DR ROSWELL, NM 88203 ROSWELL, NM 88201 3 ROBERT & MARSHA AKIN OR CURRENT RESIDENT 1412 W ALBUQUERQUE ST ROSWELL, NM 88203 4 ROBERT SETSER, BARBARA SETSER & BOBBIE GOODYEAR 1410 W ALBUQUERQUE ST ROSWELL, NM 88203 ROSWELL, NM 88203 5 (FOR 511 S MISSISSIPPI) JENNIFER YOUNGBLOOD & ROBERT YOUNGBLOOD 509 S MISSISSIPPI AVE ROSWELL, NM 88203 6&7 ROLANDO IGLECIAS & REGINA CHAVEZ 603 S MISSISSIPPI AVE ROSWELL, NM 88203 8&9 UNITED PENTECOSTAL CHURCH ATT: A C ALMOND 602 S MISSISSIPPI AVE ROSWELL, NM 88203 UNITED PENTECOSTAL CHURCH PO BOX 642 ROSWELL, NM 88202 9 LARRY D FRESQUEZ 3117 N MAIN STREET ROSWELL, NM 88201 10 CITY OF ROSWELL ROSWELL, NM 88202 11, 12, 13 ELWELL REVOCABLE TRUST ATT: DON ELWELL JUR OR BARBARA ELWELL 702-B S SUNSET ROSWELL, NM 88203 602 Mississippi Page 1 of 1 EXHIBIT F: 18-005 ZOC PROTEST LETTER Reply all | Delete Junk | 602 Mississippi Robert Akin <rakin65.ra@gmail.com> Reply all | Yesterday, 11:34 AM Merideth Hildreth Inbox You replied on 4/9/2018 8:16 AM. My name is Robert Akin I am the owner of the property at 1412 west Albuquerque.I do not agree for 602 Mississippi to be rezoned as a child care facility.When I used to live at the residence we had numerous problems with the kids from the church throwing rocks at our dogs and damaging personal property with parents being present.Talking to the neighbor recently the neighborhood is very unsafe she mentioned alot ot drug activities happening in the alley coldasack and alot of traffic coming in and out of the apartments back there. For the safety of the kids I do not agree with it being rezoned for a child care facility. https://outlook.office365.com/owa/?viewmodel=ReadMessageItem&ItemID=AAMkAGFjN... 4/9/2018 EXHIBIT A: 18-006 CUP APPLICATION EXHIBIT B: STAFF SUMMARY FOR CASE 18-006 (CUP) 602 S MISSISSIPPI AVENUE (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, April 24, 2018 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 18-006 (CUP): CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER I. Property Location: 602 S MISSISSIPPI AVENUE Legal Description: Subd: BINNS Block: 3 Lot: 24 AND:- Lot: 25 , S: 6 T: 11S R: 24E BK 785 PG 1255 WD Owner: FIRST UNITED PENTECOSTAL CHURCH Request: A Request for a Conditional Use Permit to operate a Child Care Center. II. Site Data: Site Area: 132’ X 133’ Corner Lot UPC: 4134062503256000000 Existing Land Use: Church Proposed Land Use: Child Care Center Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-1 South Vacant Lot C-2 East Residential/Vacant Lot R-1 West Vacant Lot R-1 Planning & Zoning, 18-006 CUP Page 1 of 4 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-006 (CUP)  602 S MISSISSIPPI AVENUE (PAGE 2 OF 4) Chaves County Assessor’s Map Zoning Map for 18-006 (CUP) Planning & Zoning, 18-006 CUP Page 2 of 4 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-006 (CUP) 602 S MISSISSIPPI AVENUE (PAGE 3 OF 4) III. Intent of Petition: The owner of the residential property at 602 S Mississippi Avenue is requesting a Conditional Use Permit to operate a Child Care Center. IV. Land Use and Zoning Considerations: 1. The property under consideration is a corner lot currently zoned R-1. 2. The property is approximately 133’ wide by 132’ in depth. 3. Property is surrounded by residential zoning and C-2 zoning to the south. 4. Church has been shut down and is being completely converted into a Child Care Facility. 5. The lots to the west are all vacant. Source: Google Earth Pro 3/2013 Planning & Zoning, 18-006 CUP Page 3 of 4 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-006 (CUP) 602 S MISSISSIPPI 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. As of the time of this writing, there have been one (1) written and zero (0) verbal protests and zero (0) written letters of support 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, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 18-006 CUP. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. The Planning and Zoning Commission may choose to add conditions if variances are granted. Planning & Zoning, 18-006 CUP Page 4 of 4 April 24, 2018 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 18-005 (ZOC) AND 18-006 (CUP) LETTER SENT VIA CERTIFIED MAIL ON APRIL 6, 2018 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) 624-6820 RE: PUBLIC HEARING NOTICE for ZONING CASES 18-005 ZOC AND 18-006 CUP Applications for a Change in Zoning and a Conditional 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 18-005 ZOC and Case 18-006 CUP. The Property Owner in this case is requesting a Change in Zoning from R-1 (Residential) to R-3 (Residential) in order to operate a child care center. PROPERTY LOCATION: 602 S Mississippi Avenue LEGAL DESCRIPTION: Subd: BINNS Block: 3 Lot: 24 AND: -Lot 25 S: 6 T: 11S R: 24E BK 785 PG 1255 WD OWNER OF PROPERTY: First United Pentecostal Church AGENT: Larry D. Fresquez CURRENT ZONING DISTRICT: R-1 Request: A Request for Change in Zoning from R-1 to R-3 and a Request for a Conditional Use Permit for a Child Care Center. The City of Roswell Planning and Zoning Commission will hear public comments on the above cases on TUESDAY, April 24, 2018 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 eight 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 sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, April 18, 2018. You may 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 P&Z Packet may be viewed online at www.roswell-nm.gov. 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 (Area Map on Reverse Side ) Planning & Zoning Administrator EXHIBIT D: CASE 18-005 (ZOC) & CASE 18-006 (CUP) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION (602 S MISSISSIPPI AVENUE) FOR A CHANGE IN ZONING FROM R-3 TO R-1 AND A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER AND PROPERTIES WITHIN NOTIFICATION AREA 5 1 2 3 4 6 7 10 9 8 12 13 14 11 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 602 S MISSISSIPPI AVENUE EXHIBIT E: 18-005 (ZOC) AND 18-006 (CUP) LIST OF PROPERTY OWNERS NOTIFIED 1&2 14 KELLY PECK GARY GOURLEY & MARY GOURLEY 803 W HERVEY DR 2801 W 23RD STREET ROSWELL, NM 88203 ROSWELL, NM 88201 3 GARY GOURLEY & MARY GOURLEY ROBERT AKIN & MARSHA AKIN 700 S SUNSET AVE 4705 APACHE HILLS DR ROSWELL, NM 88203 ROSWELL, NM 88201 3 ROBERT & MARSHA AKIN OR CURRENT RESIDENT 1412 W ALBUQUERQUE ST ROSWELL, NM 88203 4 ROBERT SETSER, BARBARA SETSER & BOBBIE GOODYEAR 1410 W ALBUQUERQUE ST ROSWELL, NM 88203 ROSWELL, NM 88203 5 (FOR 511 S MISSISSIPPI) JENNIFER YOUNGBLOOD & ROBERT YOUNGBLOOD 509 S MISSISSIPPI AVE ROSWELL, NM 88203 6&7 ROLANDO IGLECIAS & REGINA CHAVEZ 603 S MISSISSIPPI AVE ROSWELL, NM 88203 8&9 UNITED PENTECOSTAL CHURCH ATT: A C ALMOND 602 S MISSISSIPPI AVE ROSWELL, NM 88203 UNITED PENTECOSTAL CHURCH PO BOX 642 ROSWELL, NM 88202 9 LARRY D FRESQUEZ 3117 N MAIN STREET ROSWELL, NM 88201 10 CITY OF ROSWELL ROSWELL, NM 88202 11, 12, 13 ELWELL REVOCABLE TRUST ATT: DON ELWELL JUR OR BARBARA ELWELL 702-B S SUNSET ROSWELL, NM 88203 602 Mississippi Page 1 of 1 EXHIBIT F: 18-006 CUP PROTEST LETTER Reply all | Delete Junk | 602 Mississippi Robert Akin <rakin65.ra@gmail.com> Reply all | Yesterday, 11:34 AM Merideth Hildreth Inbox You replied on 4/9/2018 8:16 AM. My name is Robert Akin I am the owner of the property at 1412 west Albuquerque.I do not agree for 602 Mississippi to be rezoned as a child care facility.When I used to live at the residence we had numerous problems with the kids from the church throwing rocks at our dogs and damaging personal property with parents being present.Talking to the neighbor recently the neighborhood is very unsafe she mentioned alot ot drug activities happening in the alley coldasack and alot of traffic coming in and out of the apartments back there. For the safety of the kids I do not agree with it being rezoned for a child care facility. https://outlook.office365.com/owa/?viewmodel=ReadMessageItem&ItemID=AAMkAGFjN... 4/9/2018 EXHIBIT A: 18-007 FPLAT APPLICATION EXHIBIT B: STAFF SUMMARY FOR CASE 18-007 (FPLAT) 2400 CARVER DRIVE (Page 1 of 5) Roswell Planning & Zoning Commission Tuesday, April 24, 2018 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 18-007 (FPLAT): A REQUEST FOR A FINAL PLAT I. PROPERTY INFORMATION: Property Location: 2400 CARVER DRIVE Legal Description: Subd: MESA PARK 1 Block: 6 Lot: 16 Less W 30’ BK 753 PG 665 WD Owner: William C. Dennis Agent: Todd Wagener Request: Request for a Final Plat for Harding & Carver Subdivision to develop and build a five-lot Single Family Dwelling subdivision. II. Site Data: 42183 +/- square feet Existing Land Use: Vacant/Previously known as Mesa Park swimming pool Proposed Land Use: Final Plat for Harding & Carver Subdivision to develop and build a five-lot Single Family Dwelling subdivision. Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North RESIDENTIAL R-1 South RESIDENTIAL R-1 East RESIDENTIAL R-1 West RESIDENTIAL R-1 Planning & Zoning, 18-007 FPLAT Page 1 of 5 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-007 (FPLAT)  2400 CARVER DRIVE (Page 2 of 5) Chaves County Assessor’s Map Zoning Map –18-007 (FPLAT) Planning & Zoning, 18-007 FPLAT Page 2 of 5 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-007 (FPLAT) 2400 CARVER DRIVE (Page 3 of 5) III. Intent of Petition: The owner of the property zoned R-1 located on 2400 Carver Drive is seeking approval of a Final Plat for Harding & Carver Subdivision in order to build a new Single Family Dwellings. IV. Land Use and Zoning Considerations: 1. The 42,183 square foot area under consideration for a Final Plat is currently vacant and zoned R-1 (Residential Zoning District). 2. The lot was formerly known as the Mesa Park swimming pool which has been closed for years. 3. Planning & Engineering staff have reviewed the proposed plat and have approved the design. 4. The proposed Site Plan of the area under consideration for a Final Plat shows five (5) lots for Single Family Dwellings (below) Planning & Zoning, 18-007 FPLAT Page 3 of 5 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-007 (FPLAT) 2400 CARVER DRIVE (Page 4 of 5) 5. The Plat below shows the Final Plat for Harding & Carver Subdivision. Planning & Zoning, 18-007 FPLAT Page 4 of 5 April 24, 2018 EXHIBIT B: STAFF SUMMARY FOR CASE 18-007 (FPLAT) 2400 CARVER DRIVE (Page 5 of 5) 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. Staff received several calls requesting clarification of the case. 5. City of Roswell 2016 Comprehensive Master Plan “Preferred Land Use Scenario” indicates higher Residential densities for this area. 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 Case 18-007 FPLAT for a Final Plat for a Single Family Dwelling Subdivision in the R-1 Zoning District. The Planning & Zoning Commission’s recommendation will be provided to City Council for a final decision. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. Staff recommends approval. City Council will make the final decision regarding this case. Planning & Zoning, 18-007 FPLAT Page 5 of 5 April 24, 2018 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 18-007 (FPLAT) LETTER SENT VIA CERTIFIED MAIL ON APRIL 6, 2018 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) 624-6820 RE: PUBLIC HEARING NOTICE for ZONING CASE 18-007 (FPLAT) Application for Approval of a Final Plat 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 18-007 FPLAT. The Property Owner in this case is requesting approval of a Minor Subdivision Final Plat in the R-1 (Residential) Zoning District. PROPERTY LOCATION: 2400 Carver Drive LEGAL DESCRIPTION: Subd: MESA PARK 1 Block: 6 Lot: 16 Less W 30’ BK 753 PG 665 WD OWNER OF PROPERTY: William C. Dennis AGENT: Todd Wagener, Wagener Engineering CURRENT ZONING DISTRICT: R-1 Request: A Request for approval of a Minor Subdivision Final Plat. The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on TUESDAY, April 24, 2018 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 eight 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 sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, April 18, 2018. You may 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 P&Z Packet may be viewed online at www.roswell-nm.gov. 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 (Area Map on Reverse Side ) Planning & Zoning Administrator EXHIBIT D: CASE 18-007 (FPLAT) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION (2400 CARVER DRIVE) FOR CONSIDERATION OF APPROVAL OF MINOR SUBDIVISION FINAL PLAT AND PROPERTIES WITHIN NOTIFICATION AREA 4 5 3 6 2 7 1 8 9 11 10 13 12 22 14 15 16 17 18 19 20 21 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 2400 CARVER DRIVE EXHIBIT E: 18-007 (FPLAT) LIST OF PROPERTY OWNERS NOTIFIED 1 SHAWN PHILLIP SEXTON 10 1207 HARDING DR HECTOR VELZACO & ALICIA VELAZCO ROSWELL, NM 88203 2500 BAYLOR AVE ROSWELL, NM 88203 2 CHRISTOPHER MBANWEI TEBO 11 1203 HARDING DR COLTER R CHILDRESS ROSWELL, NM 88203 2406 CARVER DR ROSWELL, NM 88203 3 BRUNO OTERO & IRENE OTERO 12 2310 CARVER DR WILLIAM C DENNIS ROSWELL, NM 88203 PO BOX 549 ROSWELL, NM 88202 4 JUAN FRANCISCO TIRADO & OLIVIA TIRADO TODD WAGENER 5253 W PINE LODGE RD WAGENER ENGINEERING ROSWELL, NM 88201 1410 N MISSOURI AVE ROSWELL, NM 88201 4 MR & MS TIRADO OR CURRENT RESIDENT 13 2309 CARVER DR NATHAN SANCHEZ & SARA N SANCHEZ ROSWELL, NM 88201 1206 HARDING DR ROSWELL, NM 88203 5 JULIAN A TORREZ 14 2401 CARVER DR ROBERTS FAMILY TRUST ROSWELL, NM 88203 1115 W GAYLE ST ROSWELL, NM 88203 6 COREY FOWLER & MARTHA FOWLER 15 2403 CARVER DR THOMAS JORDAN & SHERRLY JORDAN ROSWELL, NM 88203 1113 GAYLE ST ROSWELL, NM 88203 7 BLANCA A DEHARO 16 2405 CARVER DR ALFRED F STEWART ROSWELL, NM 88203 1111 W GAYLE ST ROSWELL, NM 88203 8 LANGSTON ESTATE 17 ATT: LESLIE LANGSTON & NANCY LANGSTON BALAZS BATYKA & STACY HEACOX 2217 RM 584 1201 W 3RD ST SAN ANTONIO, TX 76904 ROSWELL, NM 88201 8 17 LANGSTON ESTATE OR CURRENT RESIDENT BALAZS BATYKA & STACY HEACOX OR CURRENT RESIDENT 2407 CARVER DR 1109 W GAYLE ST ROSWELL, NM 88203 ROSWELL, NM 88203 9 LUIS NAJERA & NADIA ORDUNO 2404 BAYLOR AVE ROSWELL, NM 88203 EXHIBIT E: 18-007 (FPLAT) LIST OF PROPERTY OWNERS NOTIFIED 18 MICHAEL & BRENDA & ANNIE BULLARD 1995 E SAN BERNARDINO AVE UNIT A SAN BERNARDINO CA 92408 18 MR OR MS BULLARD OR CURRENT RESIDENT 1107 W GAYLE ST ROSWELL, NM 88203 19 TRAVIS PITTMAN & PAMELA PITTMAN 1105 W GAYLE ST ROSWELL, NM 88203 20 WAYNE GAUMOND & MICHELLE J GAUMOND 1103 W GAYLE ST ROSWELL, NM 88203 21 ADAM DELGADO & CHARLENE DELGADO 1101 W GAYLE ST ROSWELL, NM 88203 22 MIREYA ESTRADA 2502 BAYLOR AVE ROSWELL, NM 88203 AGENDA ITEM 5 APRIL 24, 2018 PLANNING & ZONING COMMISSION STAFF SUMMARY FOR TEXT AMENDMENTS PROPOSED ORDINANCE NO. 18-XX Roswell Planning & Zoning Commission Tuesday, April 24, 2018 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street ACTION REQUESTED: PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE FOR THE FOLLOWING Staff requests Planning and Zoning Commission consider recommendation of approval of Proposed Text Amendments: ARTICLE 4: Definitions; ARTICLE 5: Establishment of Zoning Districts; ARTICLE 8: R-VL Residential Very Low; ARTICLE 10: R-L Residential Low; ARTICLE 26: MXP Mixed Use – Plaza ARTICLE 28: C-1 Neighborhood Commercial District; ARTICLE 30: C-2 Community Commercial District; ARTICLE 42: P-R Parks and Recreation; ARTICLE 44: INST Institutional; and ARTICLE 50: Development Standards BACKGROUND: Staff proposes modification of Zoning Ordinance text to create new zoning districts, revise development standards and definitions. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: Legal Committee will review these proposed text amendments upon recommendation by Planning & Zoning Commission. If recommended for approval, the text amendment will be submitted to the City Council for final action. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review and make recommendation on text amendments. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission recommend approval of this Item at the April 24, 2018 Planning & Zoning Commission Meeting.

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