Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, August 27, 2019 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 N Main St Chair: Riley Armstrong; Vice Chair: David Storey; Secretary: Jesse McDaniel Members: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Engineering & PW Director, Louis Najar, P.E.; Community Development Director: William Morris, AICP, CZO; Planning & Zoning Administrator: Merideth Hildreth, AICP; Planning & Zoning Technician: Miguel Martinez A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the June 25, 2019 P&Z Regular Meeting Minutes F. Public Hearing Items CASE 19-015 ZOC: A request to change zoning of southern portion of lot from R-3 (Residential) to C-2 (Community Commercial) to match existing C-2 on northern portion of lot. Legal Description: Sub: GARCIA-KEY SUMMARY PLAT Lot: 2 Quarter: NE S: 4 T: 11S R: 24E BK: 825 PG: 379 WDJT. Address: Address not assigned, property located in 1000 Block of Brown Street. Area: Approximately 1 acre +/- (Owner: Gary Key et. al.) CASE 19-016 ZOC: A request to change zoning from I-1 (Light Industrial) to R-3 (Residential). Legal Description: S: 28 T: 10S R: 24E SW4SE4 E 478’ W 972.3’ BK: 654 PG: 385 QCD. Address: 611 E College Boulevard. Land Area: Approximately 14.64 acres. (Owner: Ainsworth Living Trust / Agent: Dean Schear.) CASE 19-017 VAR: A request for front yard and side yard setback variances and variance from ground to bottom of sign cabinet for freestanding pole sign. Legal Description: Sub: BERRENDO IRRIGATED FARMS Block: 20 Lot: 1 ALLEY ADJ 16’X100’ AND:- Lot 8 N 36.50’ E 150’ , S: 20 T: 10S R: 24E BK 790 PG 1306 WDJT. Address: 3012 N Main Street (Owner: Walid A. Abdel-Aziz and Joumana G. Kaddoura.) CASE 19-018 ZOC: A request to change zoning from MHC (Manufactured/Mobile Home Community) to RMS (Residential Mobile Home Subdivision). Legal Description: S: 3 T: 11S R: 24E NW4NW4 E 376.53’ W 788.95’ N 836.88’ S 861.88’ M/L S OF JH GREGG SUB BK 755 PG 1192 RECJT. Address: 1403 E Alameda Street. Land Area: Approximately 6.68 acres. (Owner: Ainsworth Living Trust / Agent: Dean Schear.) G. Other Business – Tiny Homes H. Public Comments I. Reports/Announcements J. 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 19-37. 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, 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: August 21, 2019 Page 1 of 36  P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, June 25, 2019 - 6:00 PM Roswell Convention Center 912 North Main Street Chair: Riley Armstrong, Vice Chair: David Storey, Secretary: Jesse McDaniel Members: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Community Development Staff: William Morris, AICP, CZO; Merideth Hildreth, AICP; Miguel Martinez Engineering Staff: Louis Najar, PE Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4, NMSA 1978 and City of Roswell, NM Resolution 19-37. A. CALL TO ORDER AND WELCOME – Chair Riley Armstrong A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Chair Armstrong. B. ROLL-CALL Riley Armstrong (Chair) PRESENT David Storey ABSENT Kent Taylor PRESENT Jesse McDaniel PRESENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack PRESENT Staff Members Present: Louis Najar, PE, Director of Engineering & Public Works William Morris, AICP, CZO, Director of Community Development Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician Audience Members Present: Patty Johnson, Dennis Johnson, La Nelle Witt, S. Doug Jones Witt, Sherlea Taylor, Scott Goodpasture, Rita Montoya, Ashly Montoya, Scott Hicks, Larry Connolly C. SWEARING IN: Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Lessard MOTIONED to approve the agenda for the June 25, 2019 Planning & Zoning Commission Regular meeting as presented. Seconded by Page 1 of 6 Page 2 of 36  Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: David Storey) E. MINUTES: Consider approval of the April 23, 2019 P&Z Regular Meeting Minutes Commissioner Taylor MOTIONED to approve the minutes for the April 23, 2019 Regular Planning & Zoning Commission Regular Meeting minutes. Seconded by Commissioner Lessard. The motion passed by a voice vote of six to zero. (Absent: David Storey) F. PUBLIC HEARING ITEMS: 1. CASE 19-012 VAR: Chair Armstrong introduced Case 19-012, a request for a variance. Commissioner McDaniel made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 19-012. Seconded by Commissioner MacCornack. The motion passed by a voice vote of six to zero. (Absent: David Storey) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-012? In Favor: Patty Johnson: The restrictive covenants provided in the packet do not apply to the lot. There was a dog pen constructed when the house was built with pilasters that they decided to use. The Licensed Contractor was able to work on a couple of weekends. We were informed that an accessory structure under 200 square feet does not require a building permit, but we didn’t know it still required a placement permit and compliance with the setbacks. We will install design elements to blend in with the pickets on the fence and are willing to gutter to the roof to the yard. The pre-existing dog pen was built 6'6” from the house. The Johnsons repaired the section of fence, but did in no way tie the structure into the fence. The Johnsons spoke to John Hinkle who developed the townhomes in a PUD. Requesting a variance to allow a 166 square foot structure encroaching in the south side yard setback in the area that was originally built as a dog pen. The Johnsons are asking for the variance so they can finish the project to build a personal craft room/studio. Mrs. Johnson offered a thank you to the City Staff. Let the record show that Commissioner Storey joined the meeting at 6:10 p.m. Chair Armstrong stated there were restrictive covenants established in 1987. The covenants state that after 25 years of the recorded date, set covenants shall automatically extended for successive periods for 10 years unless an instrument signed by the majority of the property owners agreed to change. No building shall be located within 10’ of the interior lot line. I don't understand why a building permit wasn't taken out. Page 2 of 6 Page 3 of 36 Mrs. Johnson: We've lived in the county for 30 years, and we did not. We spoke to the County Clerk who said there were not restrictive covenants pertaining to our townhome. Chair Armstrong: That may be the case. There are restrictive covenants were instituted so all the units conform to maintain property values. Mrs. Johnson stated that City Staff said they did not find covenants for the property. Dennis Johnson: Clarified the issue about not complying with the setbacks. The structure is under 200 square feet and does not require a building permit, and they did not think about needing a placement permit. Lot seven is not included in the covenants. Against: La Nelle Witt: Mrs. Witt discussed the setbacks, design elements, and other criteria established in the covenants and brought maps of the Coronado Subdivision Plats that run with the land no matter how many times the land is subdivided. The structure is approximately 9’x18’x9’ and sits 2” from the pilasters and 9” from the pickets. Aaron Holloman: The restrictive covenants are an issue here, however they are not within the City's jurisdiction to determine whether or not the restrictive covenants exist. Sherlea Taylor: Mrs. Taylor further discussed the restrictive covenants for the Coronado subdivision. Access to townhouses are from the alley. Staff Comments: Mr. Morris: As the City Attorney stated, we cannot look at covenants. Violation of 5' side yard setback and distance of accessory structure from the primary structure which requires a 10' setback. This is a unique development and it not a typical single family lot. These lots were designed to be very compact with very little backyard. Staff is recommending denial. Commissioner Aguilar: It looks like the columns have been there a while. Mr. Morris: Setbacks have been in the zoning code for a long time...... Mr. Najar: I assume the original structure was a dog pen. I concur with Bill Morris on Staff Denial. Even the portable metal buildings require setbacks. Drainage would spill over to the neighbor's yard. Commissioner Storey abstains since he did not hear the entire case. MOTION – 19-012 VAR Commissioner Taylor made a motion to deny the request for variance Case Number 19- 012. Seconded by Commissioner Aguilar. The motion passed by a voice vote of six to zero. (Commissioner Storey abstains) Chair Armstrong: A request for an appeal must be filed with the City Clerk in writing by noon on Thursday. Page 3 of 6 Page 4 of 36 2. CASE 19-013 ZOC: Chair Armstrong introduced Case 19-013, a request for a zone change. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts and the Land Use and Zoning Considerations with respect to Case 19-013. Seconded by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-013? In Favor: Scott Goodpasture: Requesting the zone change as described in the Staff Summary. Against: None Staff Comments: Mr. Morris: This property is being requested to be rezoned from R-3 (Residential) to C-2 (Commercial) to create a more marketable and adequately sized property. There is no additional residential on that intersection. The parcel is more appropriate and compatible with C-2 designs. Staff is recommending approval. Mr. Najar: Atkinson is State Hwy 46/246 and Arterial Collector for the city. Property # 12 was condemned, patterns of growth from south to north, including truck traffic. Mr. Najar concurs with Mr. Morris. MOTION – 19-013 ZOC Commissioner Lessard made a motion based on the Findings of Facts, the land use and zoning considerations, testimony, material presented during the meeting and Staff recommendation to approve Case Number 19-013. Seconded by Commissioner Storey. The motion passed by a voice vote of seven to zero. 3. CASE 19-014 ZOC: Chair Armstrong introduced Case 19-014, a request for a zone change. Commissioner Aguilar made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Consideration with respect to Case 19-014. Seconded by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-014? Page 4 of 6 Page 5 of 36  In Favor: Scott Hicks, Smith Engineering as agent of the property owner. Owner is proposing to replat the property and increase the lot size of the lot that is currently zoned I-1 to the south, and rezone a portion of the southern part of the lot to RMS (Residential Manufactured Home Subdivision.) Chair Armstrong: Asked about access. Mr. Hicks: Stated access would be off East Second Street. Rita Montoya: Stated she does not understand what the property owner wants to do. Mr. Morris: Ms. Montoya owns lots 14, 15 and 16. Chair Armstrong: The intent of the rezoning is to allow for self-storage units on the northern portion of the lot, and Mobile Home Subdivision nearer to Ms. Montoya on the south. Commissioner Storey: Did we look at this site in the past? Mr. Najar: Mr. Junior Hernandez at one time was thinking about developing a trucking company on this site but the idea was not followed through. Ms. Montoya: Stated there is an easement. Mr. Hicks: I believe Ms. Montoya is referring to the easement on west property line for the underground pipe. The easement will remain. Mr. Hicks showed Mrs. Montoya a larger copy of the plat to explain where proposed development will occur. Staff Comments: Mr. Morris: The parcel is already I-1 (Industrial) on the north end and the rezoning will allow the continuation of the I-1. The RMS will be compatible with surrounding development and is part of the last discussion item on the agenda. Staff supports the zone change. Mr. Najar: Concurs. Industrial off of 2nd street and Residential off Alameda. Against: None MOTION – 19-014 ZOC Commissioner Storey made a motion to approve Case Number 19-014 based on the Findings of Facts, the land use and zoning considerations, testimony we received, material presented during the meeting and Staff recommendation. Seconded by Commissioner Lessard. The motion passed by a voice vote of seven to zero. G. NON-ACTION ITEM H. OTHER BUSINESS – Tiny Homes Mr. Morris: The state has just released additional criteria for what defines a tiny home. Last month, staff received several requests for a different type of tiny home. Container homes about 40 feet long and 10 feet wide. There may be a need for this type of Page 5 of 6 Page 6 of 36  affordable housing. Our concern is that someone will drop a container home into a nice area or not-so-nice area, and impact the property values. The RMS zoning district allows anything allowed in the R-1 zoning district. We want to revisit this with code changes that deal with tiny homes especially in the R-1 District that includes a minimum house and/or lot size especially in the R-1. Equally important, Staff feels that there needs to be a district that could accommodate small homes. Commissioner McDaniel: Are you saying we need to make a minimum lot size or minimum house size to protect the R-1 (Residential) district? Mr. Morris: Yes. There still needs to be setbacks and right-of-ways, but maybe the lots won’t have to be so big for the tiny homes. Staff wants to have the conversation before they get here. Chair Armstrong: I believe we’re going to see more of these container homes because of the affordability. And some of the families don’t want anything large. Commissioner McDaniel: We’re running out of houses too. Mr. Morris: This is just informational at this point. Staff will try to put something together for further discussion for the next meeting. I. PUBLIC COMMENTS Larry Connolley: How many people drive Garden Avenue? Have you seen the residential trailer on North Garden that sat there for a long time? Mr. Connolley showed a picture on his tablet. Seeing more and more infill and lots being cleaned up as he drives around the city. Commissioner McDaniel: This is the third time I've heard people have a hard time hearing through the speakers. Commissioner Storey: Do they have the same problem with the Council meetings? Mr. Najar: We have to do a test prior to Council meetings. J. ADJOURN Chair Armstrong adjourned the meeting at 7:15 p.m. Page 6 of 6 Page 7 of 36  EXHIBIT A: 19-015 ZOC APPLICATION Subd: GARCIA-KEY SUMMARY PLAT Lot: 2 Quarter: NE S: 4 T: 11S R: 24E BK: 825 PG: 379 WDJT X Approx 1 acre Page 8 of 36  EXHIBIT G: STAFF SUMMARY FOR CASE 19-015 (ZOC) 1000 Block of Brown Street (PAGE 1 OF 3) Roswell Planning & Zoning Commission Tuesday, August 27, 2019 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 19-015 (ZOC): REQUESTING A CHANGE OF ZONING southern portion of lot from R-3 (Residential) to C-2 (Community Commercial) to match existing C-2 on northern portion of lot. I. Property Location: 1000 block of Brown Street Legal Description: Subd: GARCIA-KEY SUMMARY PLAT Lot: 2 Quarter: NE S: 4 T: 11S R: 24E BK: 825 PG: 379 WDJT Owner: Gary Key Request: Applicant is requesting a change of zoning southern portion of lot from R-3 (Residential) to C-2 (Community Commercial) to match existing C-2 on northern portion of lot. II. Site Data: Site Area: Approximately 1 acre +/- UPC: 4136062430034000000 Existing Land Use: Vacant Proposed Land Use: Storage for materials Existing Zoning: C-2 and R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential/Farm C-2 South Residential R-3 East Key’s Drilling & Pump C-2 West Vacant C-2 & R-3 Page 9 of 36  EXHIBIT G: STAFF SUMMARY FOR CASE 19-015 (ZOC)  1000 Block of Brown Street (PAGE 2 OF 3) Chaves County Assessor’s Map This part of the property is already zoned C-2. This part of the property is under consideration to be rezoned. Zoning Map for 19-015 (ZOC) Page 10 of 36  EXHIBIT G: STAFF SUMMARY FOR CASE 19-014 (ZOC) 1000 Block of Brown Street (PAGE 3 OF 3) III. Intent of Petition: Applicant is requesting a change of zoning southern portion of lot from R-3 (Residential) to C-2 (Community Commercial) to match existing C-2 on northern portion of lot. IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned C-2 and R-3. 2. The portion of the property under consideration for rezoning is approximately 1 acre. 3. The applicant would like to use the property for outside storage for his business and consolidate this lot with the adjacent lot to the east. 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 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 lot size and lot configuration, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 19-015 ZOC with the following condition: 1. Property owner to install 6’ solid screening per Zoning Ordinance. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may 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. Page 11 of 36  EXHIBIT F: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 19-015 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON AUGUST 9, 2019 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office PO Box 1838, Roswell, NM 88202-1838 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 19-015 (ZOC) 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 19-015 ZOC. The property owner in this case is requesting a change of zoning of southern portion of lot from R-3 (Residential) to C-2 (Community Commercial) to match existing C-2 on northern portion of lot. There is no address assigned for this lot. Property is located in 1000 block of Brown Street. LEGAL DESCRIPTION: Sub: GARCIA-KEY SUMMARY PLAT Lot: 2 Quarter: NE S: 4 T: 11S R: 24E BK: 825 PG: 379 WDJT UPC: 4136062430034000000 The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, August 27, 2019 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or 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, August 21, 2019. 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/189/Planning-Zoning If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Miguel Martinez Miguel Martinez Merideth Hildreth (Area Map on Reverse Side ) Planning & Zoning Technician Planning & Zoning Administrator Page 12 of 36  EXHIBIT D: 19-015 ZOC NORTH LOT ON BROWN ST & BEECH AVE ASSESSOR’S MAP 3 4 5 2 1 6 9 12 13 10 7 8 11 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA Page 13 of 36  EXHIBIT E: 19-015 (ZOC) LIST OF PROPERTY OWNERS NOTIFIED 1&2 GARY KEY; JERI KEY 1012 E 2ND ST ROSWELL NM 88201 3. NANCY A E PHILLIPS 1311 HIGHLAND RD ROSWELL NM 88201 4. CLIFFORD WAYNE BUTTS; KATHIE BUTTS 603 S KENTUCKY AVE ROSWELL NM 88203 5. LUIS GARCIA; BERTHA GARCIA 5 PARK PL ROSWELL NM 88201 6 & 7. BEATRICE OROZCO; JIMMY OROZCO 101 S ASH AVE ROSWELL NM 88203 8. ANDREA RAMIREZ 105 S ASH AVE ROSWELL NM 88203 9, 10 & 11. ALEX ORTEGA 106 S BEECH AVE ROSWELL NM 88203 12. RAMON HUMITO CASTILLO SARABIA 1101 E 1ST ST ROSWELL NM 88203 13. JOSE S ESQUIVEZ, DIANA ESQUIVEZ 38 LAFAYETTE LOOP ROSWELL NM 88201 Page 14 of 36  EXHIBIT A: 19-016 ZOC APPLICATION S: 28 T: 10S R: 24E SW4SE4 E 478’ W 972.3’ BK: 654 PG: 385 QCD X APPROX 10 ACRES Page 15 of 36  EXHIBIT G: STAFF SUMMARY FOR CASE 19-016 (ZOC) 611 E COLLEGE BLVD (PAGE 1 OF 3) Roswell Planning & Zoning Commission Tuesday, August 27, 2019 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 19-016 (ZOC): REQUESTING A CHANGE OF ZONING FROM I-1 (Light Industrial) to R-3 (Residential). I. Property Location: 611 E College Blvd Legal Description: S: 28 T: 10S R: 24E SW4SE4 E 478’ W 972.3’ BK: 654 PG: 385 QCD Applicant: Dean Schear Owner: Ainsworth Living Trust Request: Applicant is requesting a change of zoning from I-1 (Light Industrial) to R-3 (Residential). II. Site Data: Site Area: Approximately 10 acres UPC: 4136060338462000000 Existing Land Use: Vacant Proposed Land Use: R-3 Existing Zoning: I-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Dodson Lumber I-1 South Slayton Oil I-1 East Residential I-1 West RAC Transport; Byco; Dodson Lumber I-1 Page 16 of 36  EXHIBIT G: STAFF SUMMARY FOR CASE 19-016 (ZOC)  611 E COLLEGE BLVD (PAGE 2 OF 3) 360’± 140’ Chaves County Assessor’s Map Zoning Map for 19-016 (ZOC) Page 17 of 36  EXHIBIT G: STAFF SUMMARY FOR CASE 19-016 (ZOC) 611 E COLLEGE BLVD (PAGE 3 OF 3) III. Intent of Petition: Applicant is requesting a change of zoning from I-1 (Light Industrial) to R-3 (Residential). The applicant is requesting to maintain the west 140 feet of the property as I-1 for self-storage and rezone the remainder of the property to R-3 for apartments. IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned I-1. 2. The portion of the property under consideration for rezoning to R-3 is approximately 10 acres. 3. The property is located on College Boulevard which is classified as a Minor Arterial per the Functional Street Classification Plan. 4. A 60 foot access easement from North Garden Avenue to the subject property was dedicated via a plat on the adjacent property to the west. 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 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 lot size and lot configuration, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 19-016 ZOC. After the western portion of the lot remains I-1, and the eastern portion of the lot is rezoned to R-3, the property owner is required to split the lot via a summary plat process. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may 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. Page 18 of 36  EXHIBIT F: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 19-016 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON AUGUST 9, 2019 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office PO Box 1838, Roswell, NM 88202-1838 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 19-016 (ZOC) 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 19-016 ZOC. The property owner in this case is requesting a change of zoning from I-1 (Light Industrial) to R-3 (Residential). PROPERTY LEGAL DESCRIPTION: S: 28 T: 10S R: 24E SW4SE4 E 478’ W 972.3’ BK: 654 PG: 385 QCD UPC: 4136060338462000000 PROPERTY ADDRESS: 611 E COLLEGE BOULEVARD The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, August 27, 2019 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or 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, August 21, 2019. 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/189/Planning-Zoning If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Miguel Martinez Miguel Martinez Merideth Hildreth (Area Map on Reverse Side ) Planning & Zoning Technician Planning & Zoning Administrator Page 19 of 36  EXHIBIT D: 19-016 ZOC 611 E COLLEGE BLVD I-1 TO R-3 ASSESSOR’S MAP 3 4 5 2 1 6 14 7 9 11 13 15 8 10 12 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA Page 20 of 36  EXHIBIT E: 19-016 (ZOC) LIST OF PROPERTY OWNERS NOTIFIED 1, 2. AINSWORTH LIVING TRUST 1011 LAKE ST SITKA AK 99835 3. ASSURANCE HOME FOUNDATION INC PO BOX 1836 ROSWELL NM 88202 4. DODSON WHOLESALE LUMBER CO, INC PO BOX 1851 ROSWELL NM 88202 5. KARLEE, LLC PO BOX 99 ROSWELL NM 88202 6. PEREA ROSWELL INVESTMENTS LLLP 6050 E 56TH AVE COMMERCE CITY CO 80022 7. P T PRODUCTIONS INC C/O PAUL TAYLOR III PO BOX 344 ROSWELL NM 88202 8. CUSTOM CONSTRUCTION & ROOFING LLC 4 WOOL BOWL CT ROSWELL NM 88201 9, 10, & 11. PAUL SLAYTON PO BOX 2035 ROSWELL NM 88202 12. FARMER BROS CO PO BOX 77057 FORT WORTH TX 76177 13. CLAYTON BARNHILL; JEANNINE BARNHILL PO BOX 2304 ROSWELL NM 88202 14 & 15. J MICHAEL KELLY PO BOX 1116 ROSWELL NM 88202 Page 21 of 36 Page 22 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 19-017 (VAR) 3012 N MAIN ST (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, August 27, 2019 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 19-017 (VAR): Requesting front yard and side yard setback variances and variance from the ground to bottom of sign cabinet for freestanding pole sign. I. Property Location: 3012 N Main St Legal Description: Subd: BERRENDO IRRIGATED FARMS Block: 20 Lot: 1 ALLEY ADJ 16' X 100' AND:- Lot: 8 N 36.50' E 150' , S: 20 T: 10S R: 24E BK 790 PG 1306 WDJT Owner: Walid A Abdel-Aziz Request: Applicant is requesting front yard and side yard setback variances and variance from the ground to bottom of sign cabinet for freestanding pole sign. II. Site Data: Site Area: Approximately 19475 sq ft +/- UPC: 4135059523137000000 Existing Land Use: Vacant Restaurant Building Proposed Land Use: Future Mediterranean Restaurant Existing Zoning: C-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Shopping Plaza C-2 South Hotel C-2 East Vacant Lot/Pizza Hut C-2 West Hotel C-2 Page 23 of 36 EXHIBIT B: STAFF SUMMARY FOR CASE 19-017 (VAR)  3012 N MAIN ST (PAGE 2 OF 4) Chaves County Assessor’s Map Zoning Map for 19-017 (VAR) Page 24 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 19-017 (VAR) 3012 N MAIN ST (PAGE 3 OF 4) III. Intent of Petition: Applicant is requesting 2’ front yard and 2’ side yard setback variances and variance to allow 8’ from the ground to bottom of sign cabinet for freestanding pole sign. IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned C-2. 2. The property owner is willing to remove the sign on the south side of the property. Sign to be removed. Approx property line. Proposed location for new sign. Approx property line. Page 25 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 19-017 (VAR) 3012 N MAIN ST (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 zero (0) 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 lot size and lot configuration, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 19-017 VAR with the following condition: 1. Sign on the south side of property must be removed. 2. Sign must be at least 5’ from water line. Line can be located by calling 811. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may 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. Page 26 of 36  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 19-017 (VAR) LETTER SENT VIA CERTIFIED MAIL ON AUGUST 9, 2019 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office PO Box 1838, Roswell, NM 88202-1838 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 19-017 (VAR) 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 19-017 VAR. The property owner in this case is requesting front yard and side yard setback variances and variance from ground to bottom of sign cabinet for freestanding pole sign. PROPERTY LEGAL DESCRIPTION: Subd: BERRENDO IRRIGATED FARMS Block: 20 Lot: 1 ALLEY ADJ 16' X 100' AND:- Lot: 8 N 36.50' E 150' , S: 20 T: 10S R: 24E BK 790 PG 1306 WDJT UPC: 4135059523137000000 PROPERTY ADDRESS: 3012 N MAIN STREET The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on MEETING DATE: TUESDAY, August 27, 2019 at 6:00 p.m., LOCATION: Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or 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, August 21, 2019. 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/189/Planning-Zoning If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Miguel Martinez Miguel Martinez Merideth Hildreth (Area Map on Reverse Side ) Planning & Zoning Technician Planning &Page Zoning Administrator 27 of 36  EXHIBIT D: 19-017 VAR – ZONING CASE NOTIFICATION AREA MAP 8 3 2 7 1 6 4 5 MAP SOURCE: CHAVES COUNTY ASSESSOR’S MAP PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 3012 N MAIN STREET Page 28 of 36  EXHIBIT E: 19-017 (VAR) LIST OF PROPERTY OWNERS NOTIFIED 1. WALID ABDEL-AZIZ & JOUMANA KADDOURA 3012 N MAIN ST ROSWELL, NM 88201 2 & 3. ABERDEEN PROPERTIES, LLC PO BOX 3135 ROSWELL NM 88202 4. 247 MANAGEMENT, LLC 3010 N MAIN ST ROSWELL NM 88201 5 & 6. VAN STEENNIS FAMILY TRUST 3013 N MAIN STREET ROSWELL NM 88201 VAN STEENNIS FAMILY TRUST 202 KALKAR DR SANTA CRUZ, CA 95060 7. SLEEPING INDIANCE INVESTMENTS, LLC 3201 RICHMOND DR NE ALBUQUERQUE, NM 87107 8. KSBL ENTERPRISES, LLC 207 W 7TH STREET ROSWELL, NM 88201 Page 29 of 36 Page 30 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 19-018 (ZOC) 1403 E ALAMEDA AVE (PAGE 1 OF 3) Roswell Planning & Zoning Commission Tuesday, August 27, 2019 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 19-018 (ZOC): Requesting a change of zoning from MHC (Manufactured/Mobile Home Community) to RMS (Residential Mobile Home Subdivision). I. Property Location: 1403 E Alameda Ave Legal Description: Subd: S: 3 T: 11S R: 24E NW4NW4 E 376.53' W 788.95' N 836.88' S 861.88' M/L S OF JH GREGG SUB BK 755 PG 1192 RECJT Owner: Emilio Estrada & Yesenia Palacios Request: Applicant is requesting a change of zoning from MHC (Manufactured/Mobile Home Community) to RMS (Residential Mobile Home Subdivision). II. Site Data: Site Area: Approximately 6.68 acres +/- UPC: 4137062066094000000 Existing Land Use: Vacant Proposed Land Use: RMS (Residential Mobile Home Subdivision). Existing Zoning: MHC (Manufactured/Mobile Home Community) Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Advanced Energy/Residential C-2 South Residential R-2 East Residential MHC West Spicewood Canyon Apartments R-3 Page 31 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 19-018 (ZOC)  1403 E ALAMEDA AVE (PAGE 2 OF 3) Chaves County Assessor’s Map Zoning Map for 19-018 (ZOC) Page 32 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 19-018 (ZOC) 1403 E ALAMEDA AVE (PAGE 3 OF 3) III. Intent of Petition: Applicant is requesting a change of zoning from MHC (Manufactured/Mobile Home Community) to RMS (Residential Mobile Home Subdivision). IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned MHC (Manufactured/Mobile Home Community). 2. The property under consideration for rezoning is approximately 6.68 acres. 3. There is a need for more RMS zoning district. 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 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 lot size and lot configuration, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 19-018 ZOC. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may 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. Page 33 of 36  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 19-018 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON AUGUST 12, 2019 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office PO Box 1838, Roswell, NM 88202-1838 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 19-018 (ZOC) 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 19-018 ZOC. The property owner in this case is requesting a change zoning from MHC (Manufactured/Mobile Home Community) to RMS (Residential Mobile Home Subdivision). PROPERTY LEGAL DESCRIPTION: Subd: S: 3 T: 11S R: 24E NW4NW4 E 376.53’ W 788.95’ N 836.88’ S 861.88’ M/L S OF JH GREGG SUB BK 755 PG 1192 RECJT UPC: 4137062066094000000 PROPERTY ADDRESS: 1403 E ALAMEDA STREET The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, August 27, 2019 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or 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, August 21, 2019. 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/189/Planning-Zoning If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Miguel Martinez Miguel Martinez Merideth Hildreth (Area Map on Reverse Side ) Planning & Zoning Technician Planning & Zoning Administrator Page 34 of 36  EXHIBIT D: 19-018 ZOC – ZONING CASE NOTIFICATION AREA MAP ASSESSOR’S MAP 4 5 3 6 1 2 8 10 12 15 7 14 9 11 13 SOURCE: CHAVES COUNTY ASSESSOR MAP PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 1403 E ALAMEDA MHC TO RMS Page 35 of 36  EXHIBIT E: 19-018 (ZOC) LIST OF PROPERTY OWNERS NOTIFIED 1. EMILIO ESTRADA; YESENIA PALACIOS 10. 3788 AZALEA TRL FELIPE VEGA ROSWELL NM 88203 1310 E ALAMEDA ST ROSWELL NM 88203 2. KENNETH BEVERS 1409 E ALAMEDA ST ROSWELL NM 88203 11. RAMON & HECTOR MACIAS; CARMEN ORNELAS 1316 E ALAMEDA ST ROSWELL NM 88203 3. DEWAYNE & PATRICIA BEAGLES 1402 E 2ND ST ROSWELL NM 88201 12. GILBERT ORNELAS; CARMENT ORNELAS 1316 E ALAMEDA ST ROSWELL NM 88203 4. ADVANCED ENERGY LLC PO BOX 579 ROSWELL NM 88202 13. ALFREDO & JOANN PALOMINO 903 LUSK ST ROSWELL NM 88203 5. LYLE & MARYELENA CLABAUGH 103 N ATKINSON AVE ROSWELL NM 88203 14. JOEL YANEZ; CARMEN LOZANO 1400 E ALAMEDA ST ROSWELL NM 88203 6. LHD SPICEWOOD CANYON LP 1303 W WALNUT HILL LN STE 260 IRVING TX 75038 15. OSCAR ALVIDREZ; EVODIA ALVIDREZ 1404 E ALAMEDA ST ROSWELL NM 88203 7. GABRIEL & ARAMITA CORDERO 405 N MULBERRY AVE ROSWELL NM 88203 8. ANTONIO RIVAS; VICTOR RIVAS 55 MCDONALD PL ROSWELL NM 88203 9. GEORGE LEE; SHARON LEE 1308 E ALAMEDA ST ROSWELL NM 88203 Page 36 of 36