Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, December 15, 2020 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 N Main Street, Roswell, NM Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Daniel M. Lopez, Sr. City Engineering, Louis Najar, P.E.; Planning & Zoning Administrator: Merideth Hildreth, AICP; Planning & Zoning Technician: Miguel Martinez, CZO A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the August 25, 2020 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 20-015 ZOC: A request for a change in zoning from R-3 (Residential District) to I-2 (Heavy Industrial District). Subd: RIAC UNIT 1 PHASE 1 Block: 1 Lot: 1. LOCATION: Northeast corner of Martin Street and “G” Street in the vicinity of the Roswell Air Center (Owner: City of Roswell, NM). 2. CASE 20-016 VAR: A request for a Variance to the height of a residential structure in the R-1 (PUD) Zoning District. Subd: LA SIERRA TOWNHOMES REPLAT Lot: 20A Quarter: NW S: 29 T: 10S R: 24E BK:833 PG:442 WDJT (REPLACEMENT). ADDRESS: 20 Jack McClellan Drive (Owner: Salman A. Sheikh and Hina Bhatty). G. Other Business 1. 2021 Planning and Zoning Commission Meeting Schedule 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 20-26. 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: December 10, 2020 Page 1 of 32 "THE PUBLIC IS ENCOURAGED TO PARTICIPATE ELECTRONICALLY THROUGH THE GOTO MEETING APPLICATION AND NOT PHYSICALLY ATTEND DURING THE PANDEMIC." TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, December 15, 2020 6:00 PM – 8:00 PM (MDT) Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/join/518430445 Help Desk – 575.500.0587 Page 2 of 32  DRAFT P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, August 25, 2020 - 6:00 PM Roswell Convention Center 912 North Main Street Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Daniel M. Lopez, Sr. Community Development Staff: William Morris, AICP, CZO; Merideth Hildreth, AICP; Miguel Martinez, CZO 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 Resolution 20-26. A. CALL TO ORDER AND WELCOME – Chair David Storey The regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m., by Chair Storey. B. ROLL-CALL David Storey PRESENT Jesse McDaniel PRESENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack PRESENT Steve Henderson PRESENT Daniel Lopez PRESENT Staff Members Present: William Morris, AICP, CZO, Director of Community Development Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, CZO, Planning & Zoning Technician Louis Najar, P.E., City Engineer Audience Members Present: James Michael Aviles C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Lessard MOTIONED to approve the agenda of the Planning & Zoning Commission Meeting for August 25, 2020. Seconded by Commissioner Henderson. The motion passed by a voice vote of 7 to 0. Page 3 of 32  DRAFT E. MINUTES: Consider approval of the July 28, 2020 Planning & Zoning Commission Regular Meeting Minutes Commissioner Henderson MOTIONED to accept the minutes from the July 28, 2020 Planning & Zoning Commission regular meeting as written. Seconded by Commissioner Lessard. The motion passed by a voice vote of 7 to 0. F. PUBLIC HEARING ITEMS: 1. CASE 20-014 VAR: A request for a Variance to increase the size of an existing balcony that is attached to an existing second story addition that has a non-conforming side yard setback. Subd: DALE BELLAMAH UNIT 1 Block: 5 Lot: 29 BK: 683 PG: 1407 WD. ADDRESS: 603 Redwood St, (Owner: James Michael Aviles). Chair Storey introduced Case 20-014. Commissioner MacCornack MOTIONED to waive the Reading of the Finding of Facts with respect to Case 20-014. Seconded by Commissioner Henderson. The motion passed by a voice vote of 7 to 0. Chair Storey: Is there anyone wishing to speak in favor of Case: 20-014? James Michael Aviles: Requested a variance to the east 5’ Side Yard Setback on his property. In 2002, Mr. Aviles built a two-story addition with a building permit on his property at 603 Redwood Street with an approved 5’ Side Yard Setback and is requesting this variance to enable him retain the 5’ setback as he enlarges and extends the existing balcony that faces the street and add a roof structure over the balcony. Mr. Aviles asked to include the setback of the existing two-story addition in the variance request. Mr. Aviles stated he owns the property to the east at 601 Redwood and feels his balcony will not affect the quality of life in the neighborhood. Staff Comments: Mr. Martinez: Reviewed the case, Mr. Aviles had a building permit in 2002 to allow the addition to be built 5’ from the property line. We did meet with the Building Inspector. Staff is in support of this. Mr. Aviles has submitted a building permit application for this project. Mr. Najar: Posed questions about the structural integrity and loading requirements of the porch extension. Mr. Morris: In this specific case the applicant has met with the City’s Building Inspectors to go over the specifics. It’s a matter of the building inspectors doing their job. Chair Storey: Is there anyone wishing to speak against Case: 20-014? Against: None Mr. Martinez: FOR THE RECORD: The neighbor at 605 Redwood, Maggie Rodriguez wrote a letter of protest for this case included in the packet. Ms. Rodriguez sent a second letter of protest after posting of the agenda packet; Staff provided this letter to the Commission. Page 4 of 32  DRAFT Ms. Hildreth: Stated there are four “not opposed” letters, two in the packet, and two additional letters received after posting the agenda packet; Staff provided these letters to the Commission. Mr. Martinez: Stated he reviewed this case with Mr. Aviles, who, as he stated had a building permit issued in 2002. The two-story addition was built 5’ encroaching in the side yard setback; a second story requires a ten-foot setback. The idea here is to make that second story legal non-conforming and to allow the extension of a 16’ by 24’ balcony facing the street. We did meet with a Building Inspector and discussed what will be required including extensive work on the roof to meet the requirements for the proposed balcony addition. Staff is in support of this application. Mr. Morris: This is a case where the system did not quite work as well as it should have. A variance should have happened a long time ago at the time the addition was constructed. This was a time when the building and planning departments were separated and did not communicate as much. This is one of those cases that needs to be cleared up and make it legal so there are no future problems. Mr. Najar: From an engineering perspective, stated disagreement with this application and understands it was built at a time when there was not as much enforcement. Mr. Najar expressed concerns about structural safety, adding more second-story structure in the five-foot setback, aesthetics, and neighbor privacy. The zoning ordinance stipulates larger setbacks for two-story houses to be built closer to the center of the lot. There are other alternatives such as adding a balcony on to the west side. If the Commission passes this, there will be structural review by the Building Department. Engineering does not agree with this request. Mr. Martinez: Added that there is approximately 20 feet of separation between the second- story addition and the house to the east at 601 Redwood. MOTION – 20-014 VAR Commissioner Henderson MOTIONED to approve Case Number 20-014 along with the land use and zoning considerations, finding of facts, staff recommendations, and testimony we have received. Seconded by Commissioner McDaniel. The motion passed by a role call vote of 6 to 1. David Storey YES Jesse McDaniel YES Saul Aguilar YES Jana Lessard YES James MacCornack YES Steve Henderson NO Daniel Lopez YES Page 5 of 32  DRAFT G. OTHER BUSINESS H. PUBLIC COMMENTS I. REPORTS/ANNOUNCEMENTS Ms. Hildreth: The revised Zoning Ordinance that includes text amendments passed by City Council in August and other documents have been provided to the Commission in the binders on the dais. We will email a link to the Commission members regarding an upcoming online American Planning Association conference. K. ADJOURN Chair Storey adjourned the meeting at 6:25 p.m. Page 6 of 32  AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 20-015 ZOC City of Roswell Planning & Zoning Commission Agenda Tuesday December 15, 2020 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 Main Street, Roswell, NM ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 20-015 ZOC, Request for a Zone Change from R-3 to I-2. BACKGROUND: Initiated by: Joe Neeb, City Manager. Prepared by: Merideth Hildreth, Planning & Zoning Administrator. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: City Council approved Real Estate Purchase Agreement at City Council November 12, 2020 Meeting, Agenda Item No. 22. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 20-015 ZOC. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider approval of this Item at the December 15, 2020 Planning & Zoning Commission Meeting. Page 7 of 32 EXHIBIT A: 20-015 ZOC APPLICATION Page 8 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-015 (ZOC) VICINITY OF ROSWELL AIR CENTER (RAC) NE CORNER OF MARTIN AND “G” STREET RIAC UNIT 1 PHASE 1 BLOCK: 1 LOT: 1 (PAGE 1 OF 9) Roswell Planning & Zoning Commission Tuesday, December 15, 2020 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 20-015 (ZOC): A request for a Change in Zoning from R-3 Residential Zoning District to I-2 Heavy Industrial District. CASE 20-015 ZOC: A request for a change in zoning from R-3 (Residential District) to I-2 (Heavy Industrial District). Subd: RIAC UNIT 1 PHASE 1 Block: 1 Lot: 1. LOCATION: Northeast corner of Martin Street and “G” Street in the vicinity of the Roswell Air Center (Owner: City of Roswell, NM). I. Property: Property Location: Northeast corner of Martin Street and “G” Street in the vicinity of the Roswell Air Center Legal Description: Subd: RIAC UNIT 1 PHASE 1 Block: 1 Lot: 1 Property Owner: CITY OF ROSWELL Request: Request for a Change in Zoning from R-3 Residential Zoning District to I-2 Heavy Industrial District. II. Site Data: Site Area: The lot is approximately 6.6 Acres UPC: 4136067210191000000 Existing Land Use: Vacant Proposed Land Use: I-2 Heavy Industrial for expansion of adjacent property already zoned I-2. Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North City Park & Single Family Homes P&R and R-3 (Residential) South City of Roswell - Warehouses I-2 (Heavy Industrial) East City of Roswell Land Leased to ERGON I-2 (Heavy Industrial) West Single Family Homes R-3 (Residential) Page 9 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-015 ZOC  NE CORNER OF MARTIN AND “G” STREET RIAC UNIT 1 PHASE 1 BLOCK: 1 LOT: 1 (PAGE 2 OF 9) Job Corps Chaves County Assessor’s Map Proposed Area for Tank Zoning Map for 20-015 (ZOC) Google Earth Aerial Page 10 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-015 (ZOC) NE CORNER OF MARTIN AND “G” STREET RIAC UNIT 1 PHASE 1 BLOCK: 1 LOT: 1 (PAGE 3 OF 9) From the southwest Intersection of “G” Street and Martin Street looking northeast at the property under consideration (Google Earth Street View accessed 12.8.2020) From the Intersection of “G” Street and Martin Street looking at the industrial property on the south side of Martin Street (Google Earth Street View accessed 12.8.2020) From the Intersection of “G” Street and Wells Street looking southeast at the property under consideration (Google Earth Street View accessed 12.8.2020 From Wells Street looking south at the property under consideration and adjacent industrial property (Google Earth Street View accessed 12.10.2020) Page 11 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-015 (ZOC) NE CORNER OF MARTIN AND “G” STREET RIAC UNIT 1 PHASE 1 BLOCK: 1 LOT: 1 (PAGE 4 OF 9) III. Intent of Petition: The City of Roswell is the property owner of the 6.6-acre property under consideration for a zone change from R-3 (Residential) to I-2 (Heavy Industrial). The City Manager is requesting this zone change because a business that intends to expand its operation is planning to purchase the property under consideration as well as the adjacent I-2 property that the business is currently leasing from the City. The business is Ergon Asphalt & Emulsions, Inc., that is already operating on the adjacent property to the east. IV. Land Use and Zoning Considerations: 1. The vacant property (Lot 1) under consideration is currently zoned R-3 per the Zoning Map. 2. The 6.6-acre property under consideration for rezoning is adjacent to I-2 properties located to the east (Lots 2 and 3). 3. At the November 12, 2020 City Council Meeting, City Council approved a Real Estate Purchase Agreement for Lots 1, 2, and 3 (total of 13.3974 acres) for Ergon Asphalt & Emulsion, Inc., to purchase the property from the City of Roswell. 4. One of the conditions for the Real Estate Purchase Agreement is rezoning the 6.6-acre property under consideration from R-3 to I-2. I. PURCHASE & SALE 5. A rail spur is located on or near the east property line of the property under consideration. 6. The property is classified as X on the FEMA Maps (not in a flood hazard area). 7. The business is planning a construction project on the adjacent property between the two rail spurs (see map on page 2). 8. The 2016 Comprehensive Master Plan Preferred Land Use Scenario shows this lot and contiguous lots as Industrial. 9. The property under consideration is bounded on the north by Wells Street, on the south by Martin Street, and on the west by “G” Street. 10. An R-3 residential neighborhood is located on the west side of “G” Street and across the street from the property under consideration for rezoning. 11. A City Park and an R-3 residential neighborhood are located on the north side of Wells Street and across the street from the property under consideration for rezoning. Page 12 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-015 (ZOC) NE CORNER OF MARTIN AND “G” STREET RIAC UNIT 1 PHASE 1 BLOCK: 1 LOT: 1 (PAGE 5 OF 9) 12. City-owned I-2 properties are located on the south side of Martin Street and to the east directly adjacent to the property under consideration for rezoning. 13. United States Job Corps is located on the southwest corner of the “G” Street and Martin Street intersection and southwest of the property under consideration. 14. Due to the adjacent Heavy Industrial zoning and existing industrial uses to the east, the property under consideration for rezoning would not be suitable for residential development. 15. See below the Post Closing Covenants and Exhibits B and C from the Real Property Purchase Agreement that City Council approved at the November 12, 2020 City Council Meeting (Agenda Item No. 22) that includes irrigated landscaping along the north and west property boundaries as a buffer between the industrial uses and residential neighborhoods. Page 13 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-015 (ZOC) NE CORNER OF MARTIN AND “G” STREET RIAC UNIT 1 PHASE 1 BLOCK: 1 LOT: 1 (PAGE 6 OF 9) Page 14 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-015 (ZOC) NE CORNER OF MARTIN AND “G” STREET RIAC UNIT 1 PHASE 1 BLOCK: 1 LOT: 1 (PAGE 7 OF 9) Page 15 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-015 (ZOC) NE CORNER OF MARTIN AND “G” STREET RIAC UNIT 1 PHASE 1 BLOCK: 1 LOT: 1 (PAGE 8 OF 9) Page 16 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-015 (ZOC) NE CORNER OF MARTIN AND “G” STREET RIAC UNIT 1 PHASE 1 BLOCK: 1 LOT: 1 (PAGE 9 OF 9) 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, the Planning & Zoning Office has received zero (0) written protests and zero (0) verbal protests. VI. Staff Recommendation: Based on the findings of fact; nature of the proposed land use consideration; lot size, conditions, configuration; surrounding land uses and zoning districts; adjacent industrial zoned properties; the regulations established in the Zoning Ordinance, and City Council’s approval of the Real Property Purchase Agreement; Staff recommends approval of Zoning Case 20-015 ZOC to rezone 6.6 acres from R-3 to I-2. 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 17 of 32  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 20-015 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON DECEMBER 1, 2020 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 RE: PUBLIC HEARING NOTICE for ZONING CASE 20-015 (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 City of Roswell Planning & Zoning Case 20-015 ZOC. The zoning case is a request for a change in zoning from R-3 (Residential) to I-2 (Heavy Industrial) for the following property. PROPERTY LOCATION: East side of “G” Street between Martin Street and Wells Street in Vicinity of Roswell Air Center OWNER OF PROPERTY: City of Roswell LEGAL DESCRIPTION: Subd: RIAC UNIT 1 PHASE 1 Block: 1 Lot: 1 The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, December 15, 2020 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. "THE PUBLIC IS ENCOURAGED TO PARTICIPATE ELECTRONICALLY THROUGH THE GOTO MEETING APPLICATION AND NOT PHYSICALLY ATTEND DURING THE PANDEMIC." Join the meeting through GoToMeeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/518430445 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, December 9, 2020. You may inspect the information packet in detail by appointment 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/Community-Development. 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, Page 18 of 32 (Area Map and Zoning Map on Next Page ) Merideth Hildreth, Planning & Zoning Administrator  EXHIBIT D: CASE 20-015 ZOC (PAGE 1 OF 2) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR ZONE CHANGE LOCATED ON EAST SIDE OF “G” STREET BETWEEN MARTIN STREET & WELLS STREET IN VICINITY OF ROSWELL AIR CENTER (RAC) AND PROPERTIES WITHIN 100’ NOTIFICATION AREA 3 5 2 4 6 23 22 21 7 20 1 19 18 8 17 16 15 14 12 13 11 Job Corps 10 9 PROPERTY UNDER CONSIDERATION FOR PROPERTIES WITHIN 100’ NOTIFICATION ZONE CHANGE FROM R-3 TO I-2 AREA Page 19 of 32  EXHIBIT D: CASE 20-015 ZOC (PAGE 2 OF 2) CITY OF ROSWELL ZONING MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR ZONE CHANGE FROM R-3 TO I-2 LOCATED ON EAST SIDE OF “G” STREET BETWEEN MARTIN STREET & WELLS STREET IN VICINITY OF ROSWELL AIR CENTER (RAC) 1 PROPERTY UNDER CONSIDERATION MAP KEY OF ZONING DISTRICTS 1 FOR ZONE CHANGE FROM R-3 TO I-2 R-3 (RESIDENTIAL) P&R (PARKS & RECREATION) INST (INSTITUTIONAL) I-2 (HEAVY INDUSTRIAL) Page 20 of 32  EXHIBIT E: 20-015 ZOC PROPERTY OWNERS NOTIFIED 1, 2, 6, 7, 8, 9, 10 16 CITY OF ROSWELL EFREN JURADO PO BOX 1838 OR CURRENT OWNER ROSWELL, NM 88202 114 LIGHTHALL PL ROSWELL NM 88203 3 MIGUEL BARAJAS & MARY BARAJAS 17 14747 CERES AVE FATHIHAH KAHIN & MARIA KAHIN FONTANA, CA 92335 OR CURRENT OWNER 112 LIGHTHALL PL CURRENT OWNER OR RESIDENT ROSWELL NM 88203 68 E WELLS STREET ROSWELL NM 88203 18 STANLEY CHAVEZ 4 6716 HILDEGARDE DR NE MARIA DE JESUS PREREZ CARO ALBUQUERQUE, NM 87109 OR CURRENT OWNER 71 E WELL ST CURRENT OWNER ROSWELL, NM 88203 86 LIGHTHALL PL ROSWELL, NM 88203 5 ADRIANA MENDOZA 19 947 ELKHART ST ERNEST E GONZALES AURORA, CO 80011 2020 BRAVEHEART DR NW ALBUQUERQUE, NM 87120 11 UNITED STATES OF AMERICA CURRENT OWNER ATT: JOB CORPS 84 G ST 2809 W 2ND ST ROSWELL, NM 88203 ROSWELL, NM 88201 20 12, 13 JESSICA SAUCEDA EFREN JURADO & JUANA MIRAMONTES OR CURRENT OWNER OR CURRENT OWNER 82 G ST 40 E MARTIN ST ROSWELL, NM 88203 ROSWELL NM 88203 21 & 23 13 ADAN LOPEZ & ANTONIA LOPEZ EFREN JURADO & JUANA JURADO OR CURRENT OWNER OR CURRENT OWNER 47 E WELLS ST 120 G ST ROSWELL, NM 88203 ROSWELL NM 88203 22 14 SAM SIFUENTES & CRYSTAL SIFUENTES SUE LETCHER PO BOX 6332 904 CAMINISITO ROSWELL NM 88202 ROSWELL NM 88203 SAM SIFUENTES & CRYSTAL SIFUENTES CURRENT OWNER OR CURRENT OWNER 118 G STREET 45 E WELLS ST ROSWELL NM 88203 ROSWELL NM 88203 15 23 PETER HEINZMAN, JR ADAN LOPEZ & ANTONIA LOPEZ OR CURRENT OWNER OR CURRENT OWNER 116 G ST 46 E WELLS ST ROSWELL NM 88203 ROSWELL, NM 88203 Page 21 of 32  AGENDA ITEM F.2 City of Roswell Planning & Zoning Commission Zoning Case 20-016 VAR City of Roswell Planning & Zoning Commission Agenda Tuesday December 15, 2020 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 Main Street, Roswell, NM ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 20-016 VAR, Request for a Variance to height of residential structure. BACKGROUND: Prepared by: Merideth Hildreth, Planning & Zoning Administrator per Application submitted by Applicant. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: Requires Planning & Zoning Commission review. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 20-016 VAR. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider approval of this Item at the December 15, 2020 Planning & Zoning Commission Meeting. Page 22 of 32 EXHIBIT E: 20-016 VAR APPLICATION Page 23 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-016 (VAR) 20 JACK MCCLELLAN DRIVE (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, December 15, 2020 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 20-016 (VAR): A request for a Variance to the height of a residential structure in the R-1 (PUD) Residential Zoning District. CASE 20-016 VAR: A request for a Variance to the height of a residential structure in the R-1 (PUD) Zoning District. Subd: LA SIERRA TOWNHOMES REPLAT Lot: 20A Quarter: NW S: 29 T: 10S R: 24E BK:833 PG:442 WDJT (REPLACEMENT). ADDRESS: 20 Jack McClellan Drive (Owner: Salman A. Sheikh and Hina Bhatty). I. Property: Property Location: 20 Jack McClellan Drive Legal Description: Subd: LA SIERRA TOWNHOMES REPLAT Lot: 20A Quarter: NW S: 29 T: 10S R: 24E BK:833 PG:442 WDJT (REPLACEMENT) Property Owner: Salman A. Sheikh and Hina Bhatty Request: Request for a Variance to the height of a residential structure from the allowed 35’ to 38’. II. Site Data: Site Area: The lot is approximately 32190.84 SF (.74 acres) UPC: 4135060048077000000 Existing Land Use: Vacant Proposed Land Use: Single Family House Existing Zoning: R-1 (PUD) Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Worship Center (First Assembly of God) R-1 (Residential) East- Vacant Single Family Land R-1 (Residential) Northeast West- Vacant Single Family Land R-1 (Residential) Southwest Southeast NMMI Golf Course P&R (Parks & Recreation) Page 24 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-016 VAR  20 JACK MCCLELLAN DRIVE (PAGE 2 OF 4) Chaves County Assessor’s Map Chaves County Assessor’s Map Zoning Map for 20-016 (VAR) Page 25 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-016 VAR 20 JACK MCCLELLAN DRIVE (PAGE 3 OF 4) III. Intent of Petition: The property owner is requesting a variance to the height of a two-story residential structure from the maximum height of 35’ allowed in Residential Zoning Districts to an overall height of 38’ in order to have a steeper roof profile for the hip roof. IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned R-1 PUD. 2. The property is a large lot and approximately three-quarters of an acre; the lot’s frontage is 155’ and the lot depth is 207.59. 3. The original plan set elevation showed an overall height of 43’. The builder revised the roof height to 34’6” to meet the Zoning Ordinance in order to obtain the building permit and begin to construct the foundation. 4. The lot is located on the north - northwest side of Jack McClellan Drive; this is a private drive. 5. There are no houses on the south - southeast side of Jack McClellan Drive. 6. The front of the house faces a portion of the New Mexico Military Institute’s Golf Course. 7. The property located north -northwest of the alley belongs to a worship facility. 8. There are vacant Residential properties on either side of the property under consideration along Jack McClellan Drive. Summary Plat – Lot 20A Shows Lot Dimensions Page 26 of 32  EXHIBIT B: STAFF SUMMARY FOR CASE 20-016 VAR 20 JACK MCCLELLAN DRIVE (PAGE 4 OF 4) 9. The City’s Fire Marshall has given approval for the height of the two-story structure to exceed 35’ and be built to a height of 38’. See email from Fire Marshall below. 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, the Planning & Zoning Office has received zero (0) written protests and zero (0) verbal protests. VI. Staff Recommendation: Based on the findings of fact; nature of the proposed land use consideration; lot size, conditions, configuration; surrounding land uses and zoning districts; and the regulations established in the Zoning Ordinance; Staff recommends approval of Zoning Case 20-016 VAR to allow the residential structure to have an overall height of 38’. 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 27 of 32  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 20-016 (VAR) LETTER SENT VIA CERTIFIED MAIL ON DECEMBER 1, 2020 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 RE: PUBLIC HEARING NOTICE for ZONING CASE 20-016 (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 City of Roswell Planning & Zoning Case 20-016 VAR. The zoning case is a request for a variance to the height of a residential structure from 35’ to approximately 38’ for the following property in the R-1 (PUD) Zoning District. PROPERTY LOCATION: 20 Jack McClellan Drive OWNER OF PROPERTY: Salman A. Sheikh and Hina Bhatty LEGAL DESCRIPTION: Subd: LA SIERRA TOWNHOMES REPLAT Lot: 20A Quarter: NW S: 29 T: 10S R: 24E BK:833 PG:442 WDJT (REPLACEMENT). The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, December 15, 2020 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. "THE PUBLIC IS ENCOURAGED TO PARTICIPATE ELECTRONICALLY THROUGH THE GOTO MEETING APPLICATION AND NOT PHYSICALLY ATTEND DURING THE PANDEMIC." Join the meeting through GoToMeeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/518430445 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, December 9, 2020. You may inspect the information packet in detail by appointment 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/Community-Development. 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, Planning & Zoning Administrator Page 28 of 32 (Area Map on Other Side of Page )  EXHIBIT D: CASE 20-016 VAR CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR A VARIANCE TO ROOF HEIGHT. PROPERTY LOCATED AT 20 JACK MCCLELLAN DRIVE AND PROPERTIES WITHIN 100’ NOTIFICATION AREA 3 4 1 5 6 2 PROPERTY UNDER CONSIDERATION FOR A PROPERTIES WITHIN 100’ NOTIFICATION VARIANCE AT 20 JACK MCCLELLAN DRIVE AREA Page 29 of 32  EXHIBIT E: 20-016 VAR PROPERTY OWNERS NOTIFIED 1 SALMAN A SHEIKH & HINA BHATTY 1105 E LA PALOMA LANE ROSWELL NM 88201 2, 4, 5 LA SIERRA LLC PO BOX 730 ROSWELL NM 88202-0730 3 FIRST ASSEMBLY OF GOD PO BOX 1993 ROSWELL NM 88202-1993 5 KENT TAYLOR DIR OF FACILITIES NEW MEXICO MILITARY INSTITUTE 101 W COLLEGE BLVD ROSWELL NM 88201 Page 30 of 32  AGENDA ITEM G.1 City of Roswell Planning & Zoning Commission 2021 Regular Meeting Schedule City of Roswell Planning & Zoning Commission Agenda Tuesday December 15, 2020 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 Main Street, Roswell, NM ACTION REQUESTED: Staff requests Planning and Zoning Commission review the 2021 Regular Meeting Schedule. BACKGROUND: Initiated by: Merideth Hildreth, Planning & Zoning Administrator to schedule the 2021 Planning & Zoning Commission Meetings. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: Review and Discussion by Planning & Zoning Commission. BOARD OR COMMITTEE ACTION: No Action Required. STAFF RECOMMENDATION: No Action Required by Planning & Zoning Commission. Page 31 of 32  City of Roswell Planning & Zoning Commission 2021 Regular Meeting Schedule Tuesdays in 2021 January 26 February 23 March 23 April 27 May 25 June 22 July 27 August 24 September 28 October 26 November 16 (3rd Tuesday) December 14 (2nd Tuesday) Page 32 of 32