Planning & Zoning Commission
Regular MeetingRoswell, NM · April 24, 2018
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
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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
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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)
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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
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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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