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Planning & Zoning Commission

Regular Meeting

Roswell, NM · July 27, 2021

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Minutes

P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, July 27, 2021 - 6:00 PM Meeting Room A; Roswell Convention & Civic Center 912 North 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. Kevin Maevers, AICP Merideth Hildreth, AICP Engineering Staff: Louis Najar, PE Associate Planner: Spencer Aiken Planning Intern: Austin Ford 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 21-007. A. CALL TO ORDER AND WELCOME – Chair David Storey Chair Storey called to order the regular meeting of the Planning & Zoning Commission at approximately 6:00 p.m. B. ROLL-CALL David Storey PRESENT Jesse McDaniel ABSENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack PRESENT Steve Henderson PRESENT Daniel Lopez ABSENT/RESIGNED Chair Storey acknowledged Commissioner Lopez has resigned from the Planning and Zoning Commission because the City Council confirmed his appointment as City Councilor Ward 4. Staff Members Present: Kevin Maevers, AICP, Community Development Director Merideth Hildreth, AICP, Planning & Zoning Administrator Louis Najar, P.E., City Engineer Spencer Aiken, Associate Planner Austin Ford, Planning Intern Mike Matthews, Deputy City Manager Audience Members Present: Tim Hiller, Jackie Hiller and Larry Connolly. 1 C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Aguilar MOTIONED to approve the Tuesday, July 27, 2021 Planning & Zoning Commission agenda. SECONDED by Commissioner Lessard with Commissioner McDaniel being absent. E. APPROVAL OF MINUTES: Commissioner Henderson MOTIONED to approve the minutes from the June 22, 2021 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner McCormack. The motion carried by a voice vote of 4-0 with Commissioner Lessard abstaining as she was absent from the June 22, 2021 Planning and Zoning commission meeting and with Commissioner McDaniel being absent. F. PUBLIC HEARING ITEMS: CASE 21-013 SUP: Request for a Special Use Permit for a new sanctuary for an existing worship facility in the RMS Residential Mobile Home Subdivision Zoning District located at 2200 N. Garden Avenue. Subd: MILITARY HEIGHTS Lot: 19 S 240' N 340' E 136' Quarter: NW S: 28 T: 10S R: 24E BK: 285 PG: 271 with Commissioner McDaniel being absent. Chair Storey introduced Case 21-013 Commissioner Lessard MOTIONED to waive the reading of the findings of facts and land use and zoning considerations. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 5-0 with Commissioner McDaniel being absent. Mr. Austin Ford: Presented Case 21-013. Chair Storey: Is there anyone wishing to speak in favor of Case: 21-013 SUP? In Favor: Pastor Tim Hiller: Hope Family Worship Center’s plan is to build a new sanctuary and additional parking to accommodate an expected increase in visitors and members. Chair Storey: Is there anyone wishing to speak against Case: 21-013 SUP? Against: None _______________________________________________________________________ MOTION – 21-013 SUP 2 Commissioner Henderson MOTIONED to approve Case 21-013 SUP. SECONDED by Commissioner MacCornack. The motion passed by a voice vote of 5-0 with Commissioner McDaniel being absent. G. OTHER BUSINESS Mr Maevers: Provided update on the Allsup’s Project on Second and Sycamore. The engineer for Allsups is working with Mr. Najar. The engineers have been in communication to address grading and drainage issues. Planning & Zoning has not recently heard from the Allsup’s team. Commissioner Henderson: Based on the traffic study, there were some concerns on Sycamore and West Second. Mr. Maevers: The intersection already has a tremendous amount of traffic. With the Allsup’s redevelopment, that intersection could experience over a 500 percent increase in daily vehicle trips. The change in use is very significant and could result in traffic concerns. H. PUBLIC COMMENTS Mr. Larry Connolly: Asked if a company from another state could apply for a cannabis permit in Roswell? Mr. Maevers: The owner of the property can reside out of state, but the business must be located in Roswell. As the industry grows, there will be significant investment coming from big money industries like the pharmaceutical and tobacco industries. Chair Storey: Water rights for cultivation is probably going to be an issue. Mr. Maevers: Every developer, especially cultivators, will have to provide evidence of a source of power, water and everything necessary, as all growing must be done indoors. Effluent is another big issue. There is a tremendous amount of nitrate used on cultivation that is run off. Also, green waste has high levels of THC. Permitting requirements will be thorough. I. REPORTS/ANNOUNCEMENTS I1. Cannabis Ordinance Mr. Maevers: Introduced Mr. Spencer Aiken. Mr. Aiken: Presented an update of the city’s Cannabis Ordinance. Chair Storey: Why can’t cannabis businesses be in the C-3 zone? Mr. Maevers: A survey administered in the downtown business district indicates that the issue of cannabis is very divisive. Many alien themed businesses in the area are geared toward families and children. I2. Planning and Zoning Case Timeline and Deadlines Ms. Hildreth: Presented Planning and Zoning Case Timeline and Deadlines. Planning and Zoning staff proposes a six week process from pre-application until Planning and Zoning Commission meetings. A new pre-application process will give staff time to decide on completeness of information provided in the pre- application. The pre-application review process will have deadlines to accept complete information from applicants. This proposed process sets a schedule for site visits and staff review. Through this new process, staff will accept applications 3 and fees only for cases deemed ready to take to the Planning and Zoning Commission. Mr. Maevers: The pre-application process will ensure developers have a complete submittal. Without having to go back and forth with questions and negotiations, staff can review and process final applications for developments more quickly. Commissioner Lessard: Will there be a list of expectations and fees for the developers? Mr. Maevers: Yes, staff will put together everything and post it online as well. Ms. Hildreth: Planning and Zoning division needs an additional full-time planner to handle just pre-applications, applications, and preparation for Planning and Zoning Commission meetings. I3: Housing and Development Update Mr. Maevers: Presented the June 2021 Housing and Development Update. The entire city staff from all departments has been very busy. The city Planning and Zoning Office has reviewed approximately 73 residential permits since January. Code enforcement has been the busiest and processed approximately 9,349 code violation cases and actions in the first half of 2021. J. ADJOURN Chair Storey adjourned the meeting at 7:22 p.m. 4

Agenda

City of Roswell Planning & Zoning Commission Agenda Tuesday, July 27 at 6:00 PM Meeting Room A; Roswell Convention & Civic 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. City Engineering Louis Najar, P.E. Community Development Director Kevin Maevers, AICP Planning & Zoning Administrator Merideth Hildreth, AICP Associate Planner Spencer Aiken; Planning Intern Austin Ford A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of Minutes June 22, 2021 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 21-013 SUP: Request for a Special Use Permit for new sanctuary for existing worship facility in RMS Residential Mobile Home Subdivision Zoning District. Subd: MILITARY HEIGHTS Lot: 19 S 240' N 340' E 136' Quarter: NW S: 28 T: 10S R: 24E BK: 285 PG: 271. Address: 2200 N Garden Avenue. Owner: Church of God. G. Other Business 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 21-7. 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: July 22, 2021 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, July 27, 2021 6:00 PM – 7:00 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 1 P&Z REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, June 22, 2021 - 6:00 PM Meeting Room A; Roswell Convention and Civic Center 912 North 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. Community Development Director: Kevin Maevers, AICP Planning and Zoning Administrator: Merideth Hildreth, AICP Associate Planner: Spencer Aiken Planning Intern: Austin Ford City Engineering: 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 21-007. A. CALL TO ORDER AND WELCOME – Chair David Storey The regular meeting of the Planning & Zoning Commission was called to order at approximately 6:02 p.m., by Chair Storey. B. ROLL-CALL David Storey PRESENT Jesse McDaniel PRESENT Saul Aguilar PRESENT Jana Lessard ABSENT James MacCornack PRESENT Steve Henderson PRESENT Daniel Lopez PRESENT Staff Members Present: Kevin Maevers, AICP, Community Development Director Merideth Hildreth, AICP, Planning & Zoning Administrator Louis Najar, P.E., City Engineer Spencer Aiken, Associate Planner Austin Ford, Planning Intern Joe Neeb, City Manager Mike Mathews, Deputy City Manager Audience Members Present: Jim Wratter, Alexandra Gutierrez, Leonel Gutierrez, Justin Crable, Isaiah Lawson, Keri Lawson, Jolanta Zelkowski, Leszek Zelkowski. Online: City Council Member Judy Stubbs 2 C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Aguilar MOTIONED to adopt the Tuesday, June 22, 2021 Planning & Zoning Commission agenda. Seconded by Commissioner Henderson. Motion passed by a voice vote of 6-0 with Commissioner Lessard being absent. Chair Storey introduced two new staff members in the city’s planning department, Spencer Aiken, Associate Planner and Austin Ford, summer Planning Intern. APPROVAL OF THE MINUTES Commissioner Henderson MOTIONED to approve the Minutes from the May 25, 2021 Planning & Zoning Commission Meeting with the correction of voice vote of 6 to 0 to reflect that Commissioner Lessard recused herself from voting on Case 21-007. Seconded by Commissioner McDaniel. The motion carried by a voice vote of 6-0 with Commissioner Lessard being absent. F. PUBLIC HEARING ITEMS: Ms. Hildreth: Due to changes in the scope of development, Staff requested postponement of Case 21-010 ZOC; Case 21-011 ZOC and Case 21-012 PPLAT to a later meeting, to be determined 1. Case 21-010 ZOC: Request for a change in zoning from R-3 to C-2 for small drive-through restaurant with surface parking. 101 E BALLARD STREET AND SOUTH MAIN STREET. Subd: MAIN AND BALLARD SUMMARY PLAT Lot: 1 BK: 304 PG: 324 WD (OLD LEGAL) (Taylor Faust Construction Inc). Chair Storey introduced Case 21-010 MOTION – 21-010 ZOC (Postpone) Commissioner Aguilar MOTIONED to postpone case number 21-010. Seconded by Commissioner MacCornack. The motion passed by a voice vote of 6-0 with Commissioner Lessard being absent. ______________________________________________________________________________ 2. CASE 21-011 ZOC: Request for a change in zoning from R-3 to C-2 Community Commercial. 2606 W THIRD STREET AND 212 NORTH SEQUOIA AVE. S: 31 T: 10S R: 24E SW4SW4SW4 N 80' S 475' E 109' W 139' 201900166 SWD. 212 N Sequoia Ave - S: 31 T: 10S R: 24E SW4SW4SW4 E 171' W 330' N 80' S 475' 201900166 SWD (Owner: Allsup’s Convenience Stores LLC. Chair Storey introduced Case 21-011 ZOC. 3 MOTION – 21-011 ZOC (Postpone) Commissioner Aguilar MOTIONED to postpone case number 21-011. Seconded by Commissioner McDaniel. The motion passed by a voice vote of 6-0 with Commissioner Lessard being absent. ______________________________________________________________________________ 3. CASE 21-012 PLATT: Request for Preliminary Plat Lot consolidations, easement and right of way vacations in C-2. 2515 W SECOND STREET. S: 31 T: 10S R: 24E SW4SW4 E 138' W 168' N 166' S 216' 201900166 SWD. 2509 W Second St - S: 31 T: 10S R: 24E SW4SW4 E 172' W 340' N 150' S 200' 201900166 SWD. 206 N Sequoia Ave - S: 31 T: 10S R: 24E W2W2SW4SW4 E 167' W 334' N 90' S 290' 201900166 SWD. 208 N Sequoia Ave - S: 31 T: 10S R: 24E W2SW4SW4 S 50' N 1017' E 167' W 334' 201900166. Chair Storey introduced Case 21-012 PPLAT MOTION – 21-012 PPLAT (Postpone) Commissioner Aguilar MOTIONED to postpone case number 21-012. Seconded by Commissioner Henderson. The motion passed by a voice vote of 6-0 with Commissioner Lessard being absent. ______________________________________________________________________________ 4. CASE 21-009 VAR: Request for a variance to side yard setback, distance from structures to pool and percentage of the rear yard setback coverage for an in-ground pool and spa in the R-2 Zoning District. 311 W ONYX DRIVE. Subd: SOUTHERN PLAINS 3 REDIV Lot: 9A BK 787 PG 799 WD (REC) (Owner: Alexandra Villa). Chair Storey introduced Case 21-009 VAR. Commissioner McDaniel MOTIONED to waive the reading of the finding of facts and land use and zoning considerations with respect to Case 21-009. Seconded by Commissioner MacCornack. The motion passed by a voice vote of 6-0 with Commissioner Lessard being absent. Ms. Hildreth: The proposed pool and the existing garage will exceed the allowed buildable area in the rear yard setback. The coverage of the rear yard setback will be 52%, where only 40% is allowed in the R-2 Zone. The building official is okay with the variance request. Chair Storey: Is there anyone wishing to speak in favor of Case: 21-009 VAR? Ms. Alexandra Gutierrez: The spa will be raised slightly above ground with a waterfall into the in-ground pool. Chair Storey: Are your neighbors okay with a pool in a townhome? Ms. Hildreth: I did not receive any letters of opposition. 4 Chair Storey: Is there anyone wishing to speak against Case: 21-009 VAR? Against: None Staff Comments: Mr. Maevers: Staff has worked diligently with the applicant and Staff is satisfied with the site plan and supports approval of this variance. MOTION – 21-009 VAR Commissioner Henderson MOTIONED to approve Case Number 21-009. Seconded by Commissioner Aguilar. The motion passed by a voice vote of 6-0 with Commissioner Lessard being absent. 5. CASE 21-008 VAR: Request Variance to Light Industrial parking, loading, unloading and landscaping adjustments similar to those allowed in the C-3 Zoning District based on a needs assessment and subject to an Improvements Deferral Agreement for a multi-use restaurant, tasting room, retail, event center and distillery in the historic warehouses I-1 Zoning District. 220 E SECOND STREET—HOMESTEAD SPIRITS. Subd: EAST SECOND STREET SUMMARY PLAT Lot: 1A S: 4 T: 11S R: 24E DOC# 202001591 WD (CORR), & Subd: EAST SECOND STREET SUMMARY PLAT Lot: 3A S: 4 T: 11S R: 24E DOC# 202004471 WD (Owner: Roswell Trading Co LLC). Chair Storey introduced Case 21-008 VAR Commissioner Aguilar MOTIONED to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 21-008. Seconded by Commissioner MacCornack. The motion passed by a voice vote of 6-0 with Commissioner Lessard being absent. Mr. Maevers: This project has involved almost every member of senior staff who provided professional input. The project will include a distillery, a restaurant, bar and other great land uses to make it a destination. The existing building occupies almost 100% of the lot. There is not enough room on site for parking or landscaping in the traditional sense. The other issue is that the location of the project is in an I-1 Light Industrial zone. The variance is to consider these functions as a C-3 zone regarding parking, landscaping, signage and other requirements. City staff has issued building permits and electrical permits. The Fire Department has ensured safety with the fire code. With an I-1 designation, there would be a need to have a large allocation of parking. The Commission may approve the variance and have staff work with the applicant on conditions of approval later. Chair Storey: Is there anyone wishing to speak in favor of Case: 21-008 VAR? 5 Isaiah Lawson and Keri Lawson: The original request was to keep the facility an I-1 zone because we are a manufacturing and production facility, but want C-3 for parking because parking in an I-1 would cost hundreds of thousands of dollars. We have leases on surrounding land where people could park. We have a two-year parking lease to the west of the building. Joe Neeb, City Manager: The variance for C-3 conditions makes the most sense for what city staff hopes the property will become. The applicant is taking care of finishing the life safety issues, including essential considerations like ADA compliance, fire compliance and adequate safety. Through the planning and zoning code, staff can give 180 day extensions to give the owners time for proof of concept of the project. Staff wants to give that time to the applicants to bring the property up to standards because if not, the property might add blight to the downtown. Life safety issues are ADA compliance, fire safety and proper exits. This project can be a great benefit to the downtown. The Commission may consider approval of the variance and allow staff and the applicant to work together on conditions of approval afterwards as this is a great re-use of a downtown property and works toward goals of the Railroad Metropolitan Redevelopment District (MRA). Chair Storey: Is there anyone wishing to speak against Case: 21-008 VAR? Against: None Commissioner McDaniel: Asked if the variance is approved with conditions of approval and the applicant has an issue with something like parking, can the variance be removed? Mr. Maevers: Every time the applicant has run into a roadblock, staff has helped them. The conditions of approval are so lengthy because staff wants the applicant to know that staff cannot waive essential things for the health and safety of the people, which are termed life safety issues. Staff and the applicant can figure out parking and other conditions of approval that are not life safety issues after the Commission approves a variance. The MRA will provide parking in the future, so staff needs time to look at the development of the MRA. Commissioner Aguilar: Are we voting on the property as a whole or just parking? Mr. Maevers: The variance runs with the whole property and this is why we put a sunset clause on several of the items. Commissioner McDaniel: Asked the applicant about moving forward from this point in the process. Mr. Lawson: As far as construction goes, we have permits. I’m worried about an occupancy permit. What I’m working toward is a permanent occupancy permit, and not temporary one. The whole building has been approved by the Fire Department. We bit the bullet with the costs early to get it over with. Mr. Neeb: It would be better to approve this as a stand-alone variance instead of all of the conditions of approval in case items change later on. Staff Comments: Mr. Najar: Since access is by way of a public alley, the City Engineering Department will work with NMDOT. Both NMDOT and I are all in favor of this project. This goes back to the fact that the MRA is for redevelopment. 6 Mr. Maevers: We cannot issue a conditional certificate of occupancy until some items in the conditions of approval are accepted and approved. The conditions of approval are tied to the variance in the standalone document and are taken from the zoning and development code. MOTION – 21-008 VAR Commissioner Henderson MOTIONED to approve Case Number 21-008 VAR under the condition that staff will work with the applicant to complete the certificate of occupancy. Seconded by Commissioner McDaniel. The motion passed by a voice vote of 6-0 with Commissioner Lessard being absent. G. OTHER BUSINESS 1. Staff Communications Reports, Information and Updates—Mr. Maevers Mr. Maevers discussed the following three items:  The first item for tonight is for staff to create a policy statement to process Planning & Zoning cases. Staff does not always receive developer information on a timely basis. When applicants do not provide information in a timely manner it wastes city money. Staff would like to discuss a policy statement that would withhold incomplete project applications from placement on an agenda until staff has received all necessary information so that commissioners have more information before voting.  The second item for tonight is the city’s commercial cannabis ordinance. The city’s creation and adoption of a cannabis ordinance will happen quickly and no later than September 1, 2021. The city must be able to process licensing applications. There are many considerations that are related to planning and zoning specifically, including cultivation, processing, manufacturing, distribution, retail, on site consumption and specialized events.  The third item for tonight is that staff has been extremely busy. From January 1 to April 23, 2021, staff issued a total of 159 different permits: 59 residential permits, 38 commercial applications, and 61 business licenses. We are backlogged and getting things out quicker than before. H. PUBLIC COMMENTS Mr. Justin Crable with Atwell and consultant to Allsups: My client is frustrated as we met with staff in January and submitted what was required and thought we would be on the May 25 Agenda, and are again postponed at this meeting. It needs to be clear what the deadlines are. 7 Mr. Maevers: The intersection at Sycamore Avenue and Second Street is not aligned. Sycamore’s left turn pocket is backed up morning and night, and this project will contribute to that traffic congestion. Mr. Maevers: The City Engineer and I determined that because of the complexity of the project, including easement vacations and traffic issues that must be resolved, it requires the submittal of a preliminary plat. Mr. Crable: We are waiting for a complete package from NMDOT regarding the traffic study. Mr. Najar: NMDOT and city staff do not agree with recommendations of the traffic study. Allsups will be very busy and there are safety issues. Ms. Jolanta Zelkowski: Stated concerns about this commercial development in a residential area. I. REPORTS/ANNOUNCEMENTS J. ADJOURN Chair Storey adjourned the meeting at 7:45 p.m. 8 AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 21-013 SUP City of Roswell Planning & Zoning Commission Agenda Tuesday, July 27, 2021 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 21-013 SUP, Request for a Special Use Permit for a new sanctuary for existing worship facility in the RMS Residential Mobile Home Subdivision Zoning District. BACKGROUND: Prepared by: Merideth Hildreth, Planning & Zoning Administrator Austin Ford, Planning Intern 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 21-013 SUP. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider approval of this item at the July 27, 2021 Planning & Zoning Commission Meeting. 9 EXHIBIT A: 21-013 SUP - 2200 N GARDEN AVE - WORSHIP FACILITY 10 EXHIBIT B: STAFF SUMMARY FOR CASE 21-013 SUP 2200 N GARDEN AVENUE (PAGE 1 OF 8) Roswell Planning & Zoning Commission Tuesday, July 27, 2021 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 21-013 SUP: Request a Special Use Permit for new sanctuary for existing worship facility in RMS Residential Mobile Home Subdivision Zoning District. I. Property: Property Location: 2200 N Garden Avenue Legal Description: Subd: MILITARY HEIGHTS Lot: 19 S 240' N 340' E 136' Quarter: NW S: 28 T: 10S R: 24E BK: 285 PG: 271 Property Owner: Church of God II. Site Data: Site Area: .74 acres, 32,234.40 sf (approximately 240’ x 134’) UPC: 4136060255157000000 Existing Land Use: Worship Facility Proposed Land Use: Expand Worship Facility Existing Zoning: RMS Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential RMS South Residential RMS East Residential RMS West Residential RMS 11 EXHIBIT B: STAFF SUMMARY FOR CASE 21-013 SUP 2200 N GARDEN AVENUE (PAGE 2 OF 8) Chaves County Assessor’s Map Zoning Map for 21-013 SUP Google Earth Aerial View 6.29.2019 12 EXHIBIT B: STAFF SUMMARY FOR CASE 21-013 SUP 2200 N GARDEN AVENUE (PAGE 3 OF 8) III. Intent of Petition: The property owner is requesting a Special Use Permit for a new sanctuary for an existing worship facility in the RMS Residential Mobile Home Subdivision Zoning District. A Special Use Permit will bring the use of this property into compliance with the Zoning Ordinance. IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned RMS and is surrounded by RMS residential lots with mobile homes and single-family dwellings. 2. The lot area is approximately 134’ wide by 240 feet and 32,234.40 square feet (.74 acres) in area according to Chaves County Assessor information. 3. A 3,237 square foot worship building has been constructed on the southern half of the lot. The original structure was built in 1982 with an addition built in 2000. 4. A search of the zoning files found no application for a Special Use Permit. The RMS Zoning District follows Special Uses allowed in the R-1 Zoning District: Article 12: R-1 Residential District Section 2. Use Regulations B. Special Uses “2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like day care services.” 5. The 2010 Google Earth Aerial below shows the existing worship facility with the outline of 31 parking stalls, some of which will be removed to provide access to additional parking to be developed. The site plan below proposes an additional paved 21 parking stalls for a total of 39 regular parking stalls and 2 ADA stalls. The Floor Plan indicates 124 Assembly Fixed Seating. The Zoning Ordinance Parking standards in Section 7 of Article 52 specify 1 stall per 3 seats for religious assemblies. The site plan meets this minimum standard. City Staff have reviewed the preliminary site plan below and will conduct a thorough review of the full set of Civil Plans once submitted as part of the development review process. 13 EXHIBIT B: STAFF SUMMARY FOR CASE 21-013 SUP 2200 N GARDEN AVENUE (PAGE 4 OF 8) 6. The property owner/ministry wishes to install a new 50’ by 60’ 3,000’ square foot sanctuary for the worship facility. The Zoning Ordinance requires a 20’ front yard setback and 20’ rear yard setback in the RMS District. The site plan below indicates the new sanctuary will be constructed approximately 55’ from the front property line and 20’ from the rear property line. 7. The applicant hired professional companies to develop the following plan sets:  Vantage Engineering: Foundation Plan;  Venture Engineers and Builders LLC: Electrical, HVAC, and Plumbing;  Mueller, Inc: Metal Building;  Lilley Engineering and Company: Parking Lot, Grading and Drainage;  Rains Surveying: to adjust the west lot line to incorporate 59’X180’ of the adjacent parsonage lot for a playground, picnic, and open space area; and  Donald Daugherty Architect: Architecture Site Plan and Floor Plan. 14 EXHIBIT B: STAFF SUMMARY FOR CASE 21-013 SUP 2200 N GARDEN AVENUE (PAGE 5 OF 8) 8. A 6’ tall metal fence has been built along the west boundary of the adjacent parsonage property and along the north boundary as a separation between the worship facility property and adjacent residential property owner. 9. The 2016 City of Roswell Comprehensive Plan’s Preferred Land Use Scenario indicates medium density residential in this area. 10. The property fronts Garden Avenue classified as a Major Collector. 11. The new building will be a similar color scheme to the existing building. The new sanctuary walls will be 10’ tall, and the building will have a similar roof pitch as the existing building. 12. The preliminary floor plan for the new sanctuary is below showing assembly seating, platform, storage, and restrooms. 15 EXHIBIT B: STAFF SUMMARY FOR CASE 21-013 SUP 2200 N GARDEN AVENUE (PAGE 6 OF 8) 13. There is ample room on the property for the new building and parking area. 14. Since there is already a worship facility and activities taking place on this property, and Garden Avenue is a major collector, development of a new sanctuary will enhance the use of this property and have minimal additional impacts on the surrounding residential area. 15. Below are photos of the property taken from the east side of Garden Avenue in July 2021 provided by the applicant. 16 EXHIBIT B: STAFF SUMMARY FOR CASE 21-013 SUP 2200 N GARDEN AVENUE (PAGE 7 OF 8) 16. Below is a photo of the property and new fence taken from the existing parking lot in July 2021 provided by the applicant. Staff may require additional fencing at time of thorough review of the Civil Site Plan that will be submitted. 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. 17 EXHIBIT B: STAFF SUMMARY FOR CASE 21-013 SUP 2200 N GARDEN AVENUE (PAGE 8 OF 8) VI. Staff Recommendation: Based on the land use and zoning considerations, findings of fact, the surrounding land uses, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 21-013 SUP to allow a Special Use Permit for construction of a new sanctuary and parking for a worship facility. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may make a motion to approve or deny this application based Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations, and testimony and material introduced at the hearing, with or without specified conditions. 18 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 21-013 SUP LETTER SENT VIA CERTIFIED MAIL ON JULY 9, 2021 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637.6294 RE: PUBLIC HEARING NOTICE for ZONING CASE 21-013 SUP Dear Property Owner: 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 21-013 SUP. This notice is to inform you of an upcoming public hearing before the City of Roswell Planning and Zoning Commission regarding a Zoning Case for the following property. DESCRIPTION OF ZONING APPLICATION REQUEST: CASE 21-009 VAR: Request a Special Use Permit for new sanctuary for existing worship facility in RMS Residential Mobile Home Subdivision Zoning District. PROPERTY OWNER: Church of God PROPERTY LOCATION: 2200 N Garden Avenue LEGAL DESCRIPTION: Subd: SOUTHERN PLAINS 3 REDIV Lot: 9A BK 787 PG 799 WD (REC). The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, JULY 27, 2021 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 or online at the hearing. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, July 21, 2021, and may be viewed at https://www.roswell-nm.gov/489/Planning-Zoning-Commission. You may inspect the information packet in detail by appointment at the Planning & Zoning Office (575.637.6294) located on the first floor of City Hall Annex at 415 North Richardson Avenue. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: https://www.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. You may attend the meeting in person or join the meeting through GoToMeeting from your computer, tablet or smartphone at 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 Respectfully, Merideth Hildreth, AICP (Area Map on Reverse Side ) Planning & Zoning Administrator 19 EXHIBIT D: CASE 21-013 SUP Request: Special Use Permit in RMS District CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 13 2 3 4 5 1 6 7 8 9 10 12 11 PROPERTY UNDER CONSIDERATION NOTIFICATION LETTERS SENT TO PROPERTY 2200 N GARDEN AVENUE OWNERS IN NOTIFICATION AREA 20 EXHIBIT E: 21-013 SUP: 2200 N GARDEN AVE - LIST OF PROPERTY OWNERS NOTIFIED 1 8 CHURCH OF GOD CLIFF DUDAS 2200 N GARDEN AVE 2111 N GARDEN AVE ROSWELL NM 88201 ROSWELL NM 88201 CHURCH OF GOD 9 502 E 23RD ST MARIA SOCORRO DE LEON, YOLANDA DE ROSWELL NM 88201 LEON, & ELIZABETH DE LEON 2109 N GARDEN AVE 2 ROSWELL NM 88201 NEW COVENANT FELLOWSHIP CHURCH OF GOD 10 502 E 23RD ST PAUL TAYLOR JR & SHERLEA TAYLOR ROSWELL NM 88201 C/O PATTERSON & ASSOCIATES LTD 720 E COLLEGE BLVD STE 14 3 ROSWELL NM 88201 MARK MADSEN & SHIRLEY MADSEN 2210 N GARDEN AVE 11 ROSWELL NM 88201 BILL BLAIR & TAMMY BLAIR OR CURRENT OWNER 4 2107 N GARDEN AVE SAMUEL LYNN D’SPAIN ROSWELL NM 88201 2211 N GARDEN AVE ROSWELL NM 88201 BILL BLAIR & TAMMY BLAIR 101 SEMINOLE RD 5 ROSWELL NM 88203 GILBERT FLORES 500 W BRASHER RD #107 12 ROSWELL NM 88203 JASON WALTMIRE & MELISSA WALTMIRE OR CURRENT OWNER 6 2100 N GARDEN AVE JOSE M. TORRES & SOFIA A. TORRES ROSWELL NM 88201 2115 N GARDEN AVE ROSWELL NM 88201 JASON WALTMIRE & MELISSA WALTMIRE PO BOX 8142 7 ROSWELL NM 88202-8142 GILBERTO VAZQUEZ & DIEGA VAZQUEZ OR CURRENT OWNER 13 2113 N GARDEN AVE JULIE WALTMIRE ROSWELL NM 88201 414 E 23RD ST ROSWELL NM 88201 GILBERTO VAZQUEZ & DIEGO VAZQUEZ 63 W MORGAN ST HAGERMAN NM 88232 21

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