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Planning & Zoning Commission

Regular Meeting

Roswell, NM · October 26, 2021

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Minutes

P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, October 26, 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, Richard L. Gutierrez Kevin L. Maevers, AICP Merideth Hildreth, AICP Associate Planner: Spencer Aiken 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 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 PRESENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack PRESENT Steve Henderson PRESENT Richard L. Gutierrez PRESENT Staff Members Present: Merideth Hildreth, AICP, Planning & Zoning Administrator Louis Najar, P.E., City Engineer Spencer Aiken, Associate Planner Audience Members Present: Narendra Mistry; Larry Connolly C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Consider approval of the October 26, 2021 meeting agenda. Commissioner Aguilar MOTIONED to approve the Tuesday, October 26, 2021 Planning & Zoning Commission agenda. Seconded by Commissioner McDaniel. The motion passed by a voice vote of 7- 0. E. APPROVAL OF MINUTES: Consider approval of the September 28, 2021 Planning & Zoning Commission regular meeting minutes. Commissioner Henderson MOTIONED to approve the minutes from the September 28, 2021 Planning & Zoning Commission meeting as presented. Seconded by Commissioner Lessard. The motion passed by a voice vote of 7-0. F. PUBLIC HEARING ITEMS: 1. CASE 21-014 ZOC: Request for a zone change from an R-S zoning district to a C-2 zoning district to match consistency of adjacent zoning districts. Subd: BERRENDO IRRIGATED FARMS Block: 9 Lot: 16 N 270' S 1000' E 300' W 349.2' S: 9 T: 10S R: 24E BK: 799 PG: 1456 WDJT. Location: 4800 Block on east side of N Main St. (Owner: Mistry.) Chair Storey introduced Case 21-014 ZOC. Commissioner Lessard MOTIONED to waive the reading of the findings of facts and land use and zoning considerations in respect to case 21-014. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7-0. Mr. Spencer Aiken: Presented Case 21-014 ZOC. Chair Storey: Is there anyone wishing to speak in favor of Case: 21-014 ZOC? In Favor: Narendra Mistry Chair Storey: Is there anyone wishing to speak against Case: 21-014 ZOC? Against: None Motion – 21-014 ZOC Commissioner Lessard MOTIONED to approve Case 21-014 ZOC. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7-0. F. PUBLIC HEARING ITEMS: 2. CASE 21-015 ZOC: Request for a zone change from an R-S zoning district to a C-2 zoning district to match consistency of adjacent zoning districts. Subd: BERRENDO IRRIGATED FARMS Block: 9 Lot: 15 E 300' W 349.2' S 325.79' M/L S: 9 T: 10S R: 24E BK: 799 PG: 1441 WDJT. Location: 5000 Block on east side of N Main St. (Owner: Mistry.) Chair Storey introduced Case 21-015 ZOC. Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations in respect to case 21-015. SECONDED by Commissioner MacCornack. The motion passed by a voice vote of 7-0. Mr. Spencer Aiken: Presented Case 21-015 ZOC. Chair Storey: Is there anyone wishing to speak in favor of Case: 21-015 ZOC? In Favor: Narendra Mistry Chair Storey: Is there anyone wishing to speak against Case: 21-015 ZOC? Against: None Motion – 21-015 ZOC Commissioner Aguilar MOTIONED to approve Case 21-015 ZOC. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 7-0. G. OTHER BUSINESS 1. Last month, Planning & Zoning Commissioners requested the deadline to submit applications for the positions with terms that expire in March 2022. After January 1, 2022, the City Clerk will post applications on the city website for those interested in applying for various commission and board positions. 2. At the Planning and Zoning Commission meeting next month, staff will provide a new community and economic development monthly report format. 3. The November Planning and Zoning Commission meeting is scheduled for November 16, 2021. H. PUBLIC COMMENTS I. ANNOUNCEMENTS J. ADJOURN Chair Storey adjourned the meeting at 6:25 p.m.

Agenda

City of Roswell Planning & Zoning Commission Agenda Tuesday, October 26 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, Richard L. Gutierrez Community Development Director Kevin Maevers, AICP Planning & Zoning Administrator Merideth Hildreth, AICP Associate Planner Spencer Aiken City Engineering Louis Najar, P.E. A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of Minutes September 28, 2021 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 21-014 ZOC: Request for a zone change from an R-S zoning district to a C-2 zoning district to match consistency of adjacent zoning districts. Subd: BERRENDO IRRIGATED FARMS Block: 9 Lot: 16 N 270' S 1000' E 300' W 349.2' S: 9 T: 10S R: 24E BK: 799 PG: 1456 WDJT. Location: 4800 Block on east side of N Main St. (Owner: Mistry.) 2. CASE 21-015 ZOC: Request for a zone change from an R-S zoning district to a C-2 zoning district to match consistency of adjacent zoning districts. Subd: BERRENDO IRRIGATED FARMS Block: 9 Lot: 15 E 300' W 349.2' S 325.79' M/L S: 9 T: 10S R: 24E BK: 799 PG: 1441 WDJT. Location: 5000 Block on east side of N Main St. (Owner: Mistry.) G. Other Business 1. Staff Communications, Reports, Information, and Updates H. Public Comments I. 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: October 19, 2021 1 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, October 26, 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 2 P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, September 28, 2021 - 6:00 PM City Hall Large Conference Room 425 N Richardson Avenue, Roswell, NM Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson Kevin Maevers, AICP Merideth Hildreth, AICP Engineering Staff: Louis Najar, PE Associate Planner: Spencer Aiken 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 6:01 p.m. B. ROLL-CALL David Storey PRESENT Jesse McDaniel ABSENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack PRESENT Steve Henderson 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 Audience Members Present: Alicia Gilmore; Richard Gutierrez; Larry Connolly; Lisa Dunlap; Todd Verciglio; Melissa Verciglio; Rita Kane-Doerhoefer (online); Councilor Judy Stubbs (online) C. APPROVAL OF THE AGENDA Commissioner Lessard MOTIONED to approve the Tuesday, September 28, 2021 Planning & Zoning Commission agenda. Seconded by Commissioner Henderson. The motion passed by a voice vote of 5-0. 3 D. APPROVAL OF MINUTES: Consider approval of the July 27, 2021 Planning & Zoning Commission Regular meeting minutes. Commissioner Henderson MOTIONED to approve the minutes from the July 27, 2021 Planning & Zoning Commission meeting as presented. Seconded by Commissioner Aguilar. The motion passed by a voice vote of 5-0. E. OTHER BUSINESS 1. Chair Storey introduced Item E.1: Review of Planning and Zoning Commissioner Terms. Ms. Hildreth presented the Planning and Zoning Commissioners’ term lengths. Chair Storey: How do we know when Commissioners are supposed to let Planning and Zoning/City staff know whether they want to run again or decline reapplication? Mr. Maevers: Local elections are in March. Staff will verify the Commissioner notification deadline with the City Clerk. 2. Chair Storey introduced Item E.2: Review of Planning & Zoning Commission applications to fill Position 1 and make recommendation to the Mayor. Mr. Maevers introduced Alicia Gilmore and Richard Gutierrez as potential candidates to fill the role of a Planning and Zoning commissioner. There is one vacancy for the position with two applicants. Ms. Alicia Gilmore: As a real estate agent and pest exterminator, Ms. Gilmore wants to expand growth and prosperity in Roswell. Ms. Gilmore is a Roswell Chamber of Commerce Redcoat, Leadership Roswell graduate and serves as one of the directors of the Roswell Association of Realtors. Mr. Richard Gutierrez: Mr. Gutierrez is originally from northern New Mexico and worked as a Code Enforcement Officer and Community Development Director for the City of Santa Rosa, New Mexico. Mr. Gutierrez’s home inspection service entails many aspects of planning and zoning for real estate sales. Mr. Gutierrez has been drafting for 32 years and has his own drafting business. Mr. Maevers: Commissioners have the opportunity to make a candidate recommendation to the Mayor. You can recommend both, one, none, or think about it further and state the decision next month at the next Planning and Zoning commission meeting. 4 MOTION – P&Z Commission Applicants Commissioner Henderson made a motion to send both candidates to the Mayor for consideration as a Planning & Zoning commissioner. Second by Commissioner Lessard. The motion passed by a voice vote of 5-0. 3. Chair Storey introduced Item E.3: Planning and Zoning Meeting Schedule. Chair Storey asked Ms. Hildreth to clarify the presented Planning and Zoning Commission schedule. Ms. Hildreth: Presented the schedule for the last quarter of 2021 and the calendar for 2022. A discussion took place regarding the Planning and Zoning Commission meeting dates in November and December. --------------------------- ------------------ F. STAFF COMMUNICATIONS, REPORTS, INFORMATION AND UPDATES 1. Cannabis Ordinance Update Mr. Maevers: Presented the City of Roswell’s current update of the Cannabis Ordinance. Amendment #2 is going to go to Legal Committee on October 28, 2021, where City Council will have the subsequent hearing on December 9, 2021. The Clean Air Act will correspond with Chapter 27 of the Municipal Code. 2. Housing and Development Update Mr. Maevers: Last week, the Legal Committee approved the city’s proposed Municipal Infrastructure Reimbursement Program (MIRP), which is something that has been discussed for a few years. The proposal is set to be heard by the City Council on October 14, 2021 for adoption. The intent of the program is to facilitate the development of market-rate, single- family and multi-family housing projects. A goal of the program is to facilitate owner occupancy of single-family residential units. The Community Development Department will move into a new Development Services Center in the Sunwest Centre Office Complex. The Sunwest ground floor lease space has been completely remediated and all five divisions will be in the building. Staff hopes to relocate in December, right around the holidays, with situated occupancy by mid to late January. Planning and zoning staff, as well as staff across the entire Community Development department, has been quite busy with permits, phone calls and visitors. A purchaser bought the Town Plaza Apartments. There are additional commercial developments on the horizon including Texas Roadhouse, the future Tierra Berrenda Plaza and development in the Wilshire Plaza. 5 G. PUBLIC COMMENTS Mr. Larry Connolly: Keep Roswell Beautiful has updated the new logo and has ordered new reusable bags. Some realtors have shown interest in funding bags to hand out to people around the city for free and to give to new homeowners. Chair Storey: Some place like the new city building will have a lot of visitors, so you should give the bags out there. Mr. Maevers: That is a great idea. Mr. Maevers: Spencer is devising new checklists and permit applications together to streamline permitting and to help ensure that all new housing is in compliance with FHA loan requirements. This will allow residents to apply for FHA backed loans on their homes and not have to pay PMI fees. In particular, staff is asking for more information in regards to grading and drainage. It is important to reiterate that the purpose of this is to facilitate the permitting and reviewing process. Commissioner Henderson: Is the Allsup’s on Second and Sycamore still going to be implemented? Mr. Maevers: Allsup’s is currently reconsidering their options. Staff and Planning and Zoning Commission will have to consider the cumulative impacts of development, especially along the Sycamore Corridor. H. ADJOURN Chair Storey adjourned the meeting at 7:14 p.m. 6 AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 21-014 ZOC City of Roswell Planning & Zoning Commission Agenda Tuesday, October 26, 2021 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 21-014 ZOC Request for a change in zoning from R-S Rural Suburban to C-2 Community Commercial BACKGROUND: Prepared by: Merideth Hildreth, Planning & Zoning Administrator Spencer Aiken, Associate Planner 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 21-014 ZOC. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider approval of this item at the October 26, 2021 Planning & Zoning Commission Meeting. 7 EXHIBIT A: APPLICATION 21-014 ZOC X With adjacent Commercial to north and south X 8 9 10 EXHIBIT B: STAFF SUMMARY FOR CASE 21-014 ZOC EAST SIDE OF 4800 BLOCK OF NORTH MAIN STREET (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, October 26, 2021 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 21-014 ZOC: A request for a change in zoning from R-S Rural Suburban to C-2 Community Commercial for zoning to be consistent with surrounding properties zoned C-2. I. Property: Property Location: 4800 Block of North Main Street (east side) Legal Description: Subd: BERRENDO IRRIGATED FARMS Block: 9 Lot: 16 N 270' S 1000' E 300' W 349.2' S: 9 T: 10S R: 24E BK: 799 PG: 1456 WDJT Property Owner: Narendra D Mistry & Sonia N Mistry II. Site Data: Site Area: Approximately 1.86 acres or 81,021.6 sf approximately (272’ X 297’) UPC: 4136057023450000000 Existing Land Use: Vacant Proposed Land Use: Vacant Commercial Existing Zoning: R-S Rural Suburban Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Vacant C-2 South Vacant C-2 East Vacant R-3 & C-2 West Vacant C-2 11 EXHIBIT B: STAFF SUMMARY FOR CASE 21-014 ZOC EAST SIDE OF 4800 BLOCK OF NORTH MAIN STREET (PAGE 2 OF 4) Chaves County Assessor’s Map Zoning Map for 21-014 (ZOC) 12 EXHIBIT B: STAFF SUMMARY FOR CASE 21-014 ZOC EAST SIDE OF 4800 BLOCK OF NORTH MAIN STREET (PAGE 3 OF 4) III. Intent of Petition: The property owner is requesting a change in zoning from R-S Rural Suburban to C-2 Community Commercial for consistency with the C-2 commercial corridor along both sides of North Main Street north of Pine Lodge Road. IV. Land Use and Zoning Considerations: 1. The property under consideration is a vacant lot on the east side of Main Street between Pine Lodge Road and Huskey Road and is currently zoned R-S Rural Suburban. 2. Vacant C-2 lots about the property on the north and south; vacant lots zoned C-2 and R-3 abut the property along the east property line; and vacant lots zoned C-2 are located on the west side of Main Street. 3. North Main Street north of Pine Lodge Road is an extension of the existing North Main Street commercial corridor. 4. The 1.86 acre lot’s frontage is approximately 272’ with a lot depth of approximately 297’ (81,021.6 square feet). 5. The 2016 City of Roswell Comprehensive Plan’s Preferred Land Use Scenario indicates low density residential/agriculture for this lot and commercial for the lots to the north and south. 6. Past Google Earth aerial photos indicate this lot and surrounding lots were used as agricultural fields. 7. In 2009, the City of Roswell installed 12” water lines on both the east and west sides of North Main Street from Pine Lodge Road to Huskey Road. 8. In 2009, the City of Roswell installed a 12” sanitary sewer line on the west side of North Main Street from Pine Lodge Road to Huskey Road. The nearest sanitary sewer line on the east side of Main Street is located on East Pine Lodge Road. 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. 13 EXHIBIT B: STAFF SUMMARY FOR CASE 21-014 ZOC EAST SIDE OF 4800 BLOCK OF NORTH MAIN STREET (PAGE 4 OF 4) 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. 5. City of Roswell Zoning Ordinance Article 3: Procedures, Amendments, and Changes Section 9. Zone Changes regulates zone changes. 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 21-014 ZOC to allow a change in zoning from R-S Rural Suburban to C-2 Community Commercial so zoning is consistent in this Main Street commercially zoned corridor. 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. 14 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 21-014 ZOC LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 8, 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 21-014 ZOC 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 21-014 ZOC. 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 21-014 ZOC: Request for a zone change from an R-S (Rural Suburban) zoning district to a C- 2 (Community Commercial) zoning district. PROPERTY OWNER: Narendra and Sonia Mistry PROPERTY LOCATION: East side of 4800 block on N. Main Street LEGAL DESCRIPTION: Subd: BERRENDO IRRIGATED FARMS Block: 9 Lot: 16 N 270' S 1000' E 300' W 349.2' S: 9 T: 10S R: 24E BK: 799 PG: 1456 WDJT. The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, OCTOBER 26, 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, October 20, 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. "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 Respectfully, Spencer Aiken (Area Map on Reverse Side ) Associate Planner 15 EXHIBIT D: CASE 21-014 ZOC Request: Zone change request from R-S (Rural Suburban) to C-2 (Community Commercial) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 6 5 4 7 1 3 8 2 PROPERTY UNDER CONSIDERATION NOTIFICATION LETTERS SENT TO PROPERTY EAST SIDE OF 4800 BLOCK NORTH MAIN STREET OWNERS IN NOTIFICATION AREA 16 EXHIBIT E: 21-014 ZOC: EAST SIDE OF 4800 BLOCK ON N MAIN STREET - LIST OF PROPERTY OWNERS NOTIFIED 1, 6, 7 NARENDRA AND SONIA MISTRY 9 CHARING CROSS CT ROSWELL NM 88201 2, 3, 4 ROGERS FAMILY TRUST, DALE AND KAY 4702 CORNFLOWER RD ROSWELL NM 88201 5 NARENDRA AND SONIA MISTRY & BHARAT AND ASHA DHANDHUKIA 9 CHARING CROSS CT ROSWELL NM 88201 8 CODY D. YOUNG 2850 QUAY RD 64 TUCUMCARI NM 88401 17 AGENDA ITEM F.2 City of Roswell Planning & Zoning Commission Zoning Case 21-015 ZOC City of Roswell Planning & Zoning Commission Agenda Tuesday, October 26, 2021 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 21-015 ZOC Request for a change in zoning from R-S Rural Suburban to C-2 Community Commercial BACKGROUND: Prepared by: Merideth Hildreth, Planning & Zoning Administrator Spencer Aiken, Associate Planner 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 21-015 ZOC. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider approval of this item at the October 26, 2021 Planning & Zoning Commission Meeting. 18 EXHIBIT A: 21-015 ZOC x With Commercial to the North and South x 19 20 21 EXHIBIT B: STAFF SUMMARY FOR CASE 21-015 ZOC EAST SIDE OF 5000 BLOCK OF NORTH MAIN STREET (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, October 26, 2021 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 21-015 ZOC: A request for a change in zoning from R-S Rural Suburban to C-2 Community Commercial for zoning to be consistent with surrounding properties zoned C-2. I. Property: Property Location: 5000 Block of North Main Street (east side) Legal Description: Subd: BERRENDO IRRIGATED FARMS Block: 9 Lot: 15 E 300' W 349.2' S 325.79' M/L S: 9 T: 10S R: 24E BK: 799 PG: 1441 WDJT Property Owner: Narendra D Mistry & Sonia N Mistry II. Site Data: Site Area: Approximately 2.24 acres UPC: 4136057023389000000 Existing Land Use: Vacant Proposed Land Use: Vacant Commercial Existing Zoning: R-S Rural Suburban Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Vacant C-2 South Vacant C-2 East Vacant R-S West Vacant C-2 22 EXHIBIT B: STAFF SUMMARY FOR CASE 21-015 ZOC EAST SIDE OF 5000 BLOCK OF NORTH MAIN STREET (PAGE 2 OF 4) Chaves County Assessor’s Map Zoning Map for 21-015 (ZOC) 23 EXHIBIT B: STAFF SUMMARY FOR CASE 21-015 ZOC EAST SIDE OF 5000 BLOCK OF NORTH MAIN STREET (PAGE 3 OF 4) III. Intent of Petition: The property owner is requesting a change in zoning from R-S Rural Suburban to C-2 Community Commercial for consistency with the C-2 commercial corridor along both sides of North Main Street north of Pine Lodge Road. IV. Land Use and Zoning Considerations: 1. The property under consideration is a vacant lot on the east side of Main Street between Pine Lodge Road and Huskey Road and is currently zoned R-S Rural Suburban. 2. Vacant C-2 lots about the property on the north and south; a vacant lot zoned R-S abuts the property along the east property line; and vacant lots zoned C-2 are located on the west side of Main Street. 3. North Main Street north of Pine Lodge Road is an extension of the existing North Main Street commercial corridor. 4. According to the Chaves County Assessor Map information, the lot is approximately 2.24 acres. 5. The 2016 City of Roswell Comprehensive Plan’s Preferred Land Use Scenario indicates low density residential/agriculture for this lot and commercial for the lots to the north and south. 6. Past Google Earth aerial photos indicate this lot and surrounding lots were used as agricultural fields. 7. In 2009, the City of Roswell installed 12” water lines on both the east and west sides of North Main Street from Pine Lodge Road to Huskey Road. 8. In 2009, the City of Roswell installed a 12” sanitary sewer line on the west side of North Main Street from Pine Lodge Road to Huskey Road. The nearest sanitary sewer line on the east side of Main Street is located on East Pine Lodge Road. 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. 24 EXHIBIT B: STAFF SUMMARY FOR CASE 21-015 ZOC EAST SIDE OF 5000 BLOCK OF NORTH MAIN STREET (PAGE 4 OF 4) 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. 5. City of Roswell Zoning Ordinance Article 3: Procedures, Amendments, and Changes Section 9. Zone Changes regulates zone changes. 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 21-015 ZOC to allow a change in zoning from R-S Rural Suburban to C-2 Community Commercial so zoning is consistent in this Main Street commercially zoned corridor. 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. 25 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 21-015 ZOC LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 8, 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 21-015 ZOC 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 21-015 ZOC. 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 21-015 ZOC: Request for a zone change from an R-S (Rural Suburban) zoning district to a C- 2 (Community Commercial) zoning district. PROPERTY OWNER: Narendra and Sonia Mistry PROPERTY LOCATION: East side of 5000 block on N. Main Street LEGAL DESCRIPTION: Subd: BERRENDO IRRIGATED FARMS Block: 9 Lot: 15 E 300' W 349.2' S 325.79' M/L S: 9 T: 10S R: 24E BK: 799 PG: 1441 WDJT. The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, OCTOBER 26, 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, October 20, 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. "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 Respectfully, Spencer Aiken (Area Map on Reverse Side ) Associate Planner 26 EXHIBIT D: CASE 21-015 ZOC Request: Zone change request from R-S (Rural Suburban) to C-2 (Community Commercial) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 5 6 4 1 7 8 9 3 2 Pine Lodge Road PROPERTY UNDER CONSIDERATION NOTIFICATION LETTERS SENT TO PROPERTY EAST SIDE OF 5000 BLOCK NORTH MAIN STREET OWNERS IN NOTIFICATION AREA 27 EXHIBIT E: 21-015 ZOC: EAST SIDE OF 5000 BLOCK ON N MAIN STREET - LIST OF PROPERTY OWNERS NOTIFIED 1, 5, 7, 9 NARENDRA AND SONIA MISTRY 9 CHARING CROSS CT ROSWELL NM 88201 2 NARENDRA AND SONIA MISTRY & BHARAT AND ASHA DHANDHUKIA 9 CHARING CROSS CT ROSWELL NM 88201 3, 4 ROGERS FAMILY TRUST, DALE AND KAY 4702 CORNFLOWER RD ROSWELL NM 88201 6 COLE TS ROSWELL NM LLC C/O REAL ESTATE DEPT / LEASE ADMIN. 5401 VIRGINIA WAY BRENTWOOD TN 37027 8 ANGEL AND MARY SALAZAR 2201 W MESCALERO RD ROSWELL NM 88201 28 AGENDA ITEM G.1 City of Roswell Planning & Zoning Commission Review of Planning & Zoning Commissioner Terms City of Roswell Planning & Zoning Commission Tuesday, October 26, 2021 City Hall Large Conference Room 425 N Richardson Avenue ACTION REQUESTED: This report is for informational purposes. BACKGROUND: Prepared by: Merideth Hildreth, Planning & Zoning Administrator Kevin Maevers, Community Development Director FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: Information for Planning & Zoning Commission members. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review the information. STAFF RECOMMENDATION: Staff is providing this report for informational purposes. 29

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