Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, November 16 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 October 26, 2021 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 21-016 ZOC: Request for a zone change from an R-4 Residential zoning district to a C-2 Community Commercial zoning district. Subd: WEDGEWOOD SUMMARY PLAT Lot: ALL S: 20 T: 10S R: 24E DOC # 202106456 SWD. Address: 2725 N Pennsylvania Ave. (Owner: United Partners LLC) 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: November 10, 2021 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, November 16, 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 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. 2 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. 3  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. 4  AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 21-016 ZOC City of Roswell Planning & Zoning Commission Tuesday, November 16, 2021 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 21-016 ZOC Request for a change in zoning from R-4 Residential to C-2 Community Commercial. BACKGROUND: Prepared by: Merideth Hildreth, AICP 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 21-016 ZOC. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider approval of this item at the November 16, 2021 Planning & Zoning Commission Meeting. 5 EXHIBIT A 21-016 ZOC - APPLICATION FOR 2725 N PENNSYLVANIA AVE 6  EXHIBIT B: STAFF SUMMARY FOR CASE 21-016 ZOC 2725 N PENNSYLVANIA AVENUE (PAGE 1 OF 5) Roswell Planning & Zoning Commission Tuesday, November 16, 2021 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 21-016 ZOC: A request for a change in zoning from R-4 Residential to C-2 Community Commercial. I. Property: Property Location: 2725 N Pennsylvania Avenue Legal Description: Subd: WEDGEWOOD SUMMARY PLAT Lot: ALL S: 20 T: 10S R: 24E DOC # 202106456 SWD Property Owner: United Partners LLC II. Site Data: Site Area: 4.549 acres or 198,154.00 square feet (approximately 281’X637’) UPC: 4135059487372000000 Existing Land Use: Property known as Avamere at Roswell was a Senior Living Facility that closed. Proposed Land Use: Commercial Existing Zoning: R-4 Residential Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Shopping Center C-2 South Vacant C-2 East Commercial Businesses and a Day Care C-2 West Vacant C-2 7  EXHIBIT B: STAFF SUMMARY FOR CASE 21-016 ZOC 2725 N PENNSYLVANIA AVENUE (PAGE 2 OF 5) Chaves County Assessor’s Map Zoning Map for 21-016 (ZOC) 8  EXHIBIT B: STAFF SUMMARY FOR CASE 21-016 ZOC 2725 N PENNSYLVANIA AVENUE (PAGE 3 OF 5) III. Intent of Petition: The property owner of 2725 N Pennsylvania is requesting a change in zoning from R-4 Residential to C-2 Community Commercial to allow greater flexibility of adaptive reuse for the property that the previous owner vacated and sold. IV. Land Use and Zoning Considerations: 1. The property under consideration was formerly a Senior Living Facility owned and operated by Avemere of Roswell that closed in 2021. 2. The 36,072 square foot structure was constructed in 1995. 3. According to the Chaves County Assessor Map information, the lot is approximately 4.5 acres. 4. This corner property is located on local streets North Pennsylvania Avenue and Wilshire Boulevard. 5. This property has a paved alley. 6. In December 1994, the Planning & Zoning Commission granted the owner of the property a Special Use Permit per Zoning Case 94-036 for the development of a 92-unit group care home with 64 parking stalls, a paved alley, a drainage plan (the grassy area on the south side of the property is the detention area), and completion of paving Wilshire Boulevard. 7. The following zoning and land uses adjacent to and across streets from the property under consideration are:  North: A Shopping Center zoned C-2 Community Commercial that features Farmers Country Market, Ace Hardware, restaurants, and a gift store  East: A childcare center, carwash, and other retail, service, and office businesses zoned C-2 are located between the alley and Main Street;  South: Oak Plaza Condominium is a professional office development located at 200 E Wilshire Boulevard on the south side of Wilshire Boulevard;  West: Homes in Quail Village Association zoned R-4 PUD are located on the west side of Pennsylvania Avenue with garages and walls facing the street;  Southwest: Homes in North Springs Association zoned R-4 are located on the west side of Pennsylvania Avenue and south of Wilshire Boulevard. 8. The C-2 Community Commercial District allows a variety of uses including retail, medical facilities, professional offices, hospitality establishments, etc., (see Article 30: C-2 Community Commercial District and Article 28: C-1 Neighborhood Commercial District). 9  EXHIBIT B: STAFF SUMMARY FOR CASE 21-016 ZOC 2725 N PENNSYLVANIA AVENUE (PAGE 4 OF 5) 9. Assisted living homes, group care homes, convalescent homes, and retirement centers, etc., are allowed uses in the C-2 District. 10. The Preferred Land Use Scenario Map in the 2016 City of Roswell Comprehensive Plan indicates residential for this lot with abutting commercial to the north and east, residential south of Wilshire Boulevard, and high density residential west of Pennsylvania Avenue. Staff Photo: West entrance facing Pennsylvania Ave. Staff Photo: From Wilshire Blvd, looking north at paved alley with property on the west side of alley and day care and commercial on east side of alley. Staff Photo: From paved alley looking south at Staff Photo: From Pennsylvania Avenue looking at professional offices and west to garages of residential the west face of building. on the west side of Pennsylvania Ave. 10  EXHIBIT B: STAFF SUMMARY FOR CASE 21-016 ZOC 2725 N PENNSYLVANIA AVENUE (PAGE 5 OF 5) V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, the Planning & Zoning Office has received zero (0) written protests and zero (0) verbal protests, and one (1) in person inquiry. 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, surrounding land uses, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 21-016 ZOC to allow a change in zoning from R-4 Residential to C-2 Community Commercial as C-2 provides greater flexibility for adaptive reuse of the property which abuts C-2 properties located to the north and east. 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. 11  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 21-016 ZOC LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 29, 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 21-016 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 21-016 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 21-016 ZOC: Request for a zone change from an R-4 (Residential) zoning district to a C-2 (Community Commercial) zoning district. PROPERTY OWNER: United Partners LLC PROPERTY LOCATION: 2725 N Pennsylvania Avenue LEGAL DESCRIPTION: Subd: WEDGEWOOD SUMMARY PLAT Lot: ALL S: 20 T: 10S R: 24E DOC # 202106456 SWD The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, NOVEMBER 16, 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. To be considered, written protests must be submitted to and received by the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. 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, November 10, 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. Respectfully, Merideth Hildreth, AICP (Area Map on Reverse Side ) Planning & Zoning Administrator 12  EXHIBIT D: CASE 21-016 ZOC Request: Zone change request from R-4 (Residential) to C-2 (Community Commercial) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA Pennsylvania Ave 3 Main Street 2 40 35 39 34 4 1 38 33 36 37 32 31 29 30 5 26 28 27 V 6 V 25 21 24 7 20 23 19 8 22 18 Wilshire Blvd V 17 10 16 12 11 9 41 15 14 13 PROPERTY UNDER CONSIDERATION NOTIFICATION LETTERS SENT TO PROPERTY 2725 N PENNSYLVANIA AVENUE OWNERS IN NOTIFICATION AREA 13 1 11 UNITED PARTNERS LLC LA CASA DE BUENA SALUD INC NARENDRA MISTRY & SONIA MISTRY 1515 W FIR ST 9 CHARING CROSS CT PORTALES NM 88130 ROSWELL NM 88201 12 2 LA CASA DE BUENA SALUD INC B&J GARDEN APARTMENTS LLC PO BOX 843 2801 N KENTUCKY AVENUE PORTALES NM 88130 ROSWELL NM 88201 13 3 HINKLE LIVING TRUST SINGLE BARREL PROPERTIES JOHN T & LINDA J TRUSTEES PO BOX 1210 PO BOX 1793 ROSWELL NM 88202-1210 ROSWELL NM 88202-1793 4 14 ROBERT A MENAGH & DENISE MENAGH GARY AND SARAH SHUBERT TRUST 5 NIGHT SKY LANE GARY P SHUBERT & SARAH T SHUBERT TTES ROSWELL NM 88201 2607 GAYE DR ROSWELL NM 88201 5 PREFERRED ENDEAVORS LTD CO PO BOX 127 15 HONDO NM 88336 MICHAEL M TAYLOR & KIMBERLY L TAYLOR 200 W WILSHIRE BLVD STE E ROSWELL NM 88201 6 DRY RIVER INVESTMENTS LLC 501 TIERRA BERRENDA DR 16 ROSWELL NM 88201 JERRY M O'DETTE 2611 N KENTUCKY AVE APT 111 7 ROSWELL NM 88201 WM INVESTMENTS, LLC 400 N PENNSYLVANIA AVE STE 800 17 ROSWELL NM 88201 JERRY & HELEN COX TRUST 2611 N KENTUCKY AVE APT 112 8 ROSWELL NM 88201 MARIA DEL CARMEN MELENDEZ MARIA C ARRIETA & EDMUNDO M ARRIETA 18 2207 N WASHINGTON AVE CLAUDETTE FOSTER ROSWELL NM 88201 2716 N PENNSYLVANIA AVE APT 40 ROSWELL NM 88201 9 KARLEE INVESTMENTS GC LLC 19 1605 N GARDEN AVE RUBY CAROLYN GRAY ROSWELL NM 88201 2716 N PENNSYLVANIA APT 41 ROSWELL NM 88201 10 OAK PLAZA OWNERS ASSOCIATION 20 PO BOX 1793 LAQUETA WHITCAMP ROSWELL NM 88202 2716 N PENNSYLVANIA AVE APT 42 ROSWELL NM 88201 14 21 30 SPURLIN FAMILY TRUST DARLA BREEDYK 2716 N PENNSYLVANIA AVE APT 43 2509 CORTEZ CT ROSWELL NM 88201 ROSWELL NM 88201 22 DARLA BREEDYK MJ MILLER OR CURRENT OWNER 2716 N PENNSYLVANIA AVE APT 39 2716 N PENNSYLVANIA AVE APT 47 ROSWELL NM 88201 ROSWELL 88201 23 31 JEFFREY L JASPER TIMOTHY Z JENNINGS 2716 N PENNSYLVANIA AVE APT 38 3968 COTTONWOOD LN ROSWELL NM 88201 ROSWELL NM 88203 24 TIMOTHY Z JENNINGS HORTON TRUST OR CURRENT OWNER MARGARET R HORTON TRUSTEE 2716 N PENNSYLVANIA AVE APT 48 2716 N PENNSYLVANIA AVE APT 37 ROSWELL 88201 ROSWELL NM 88201 32 EDNA JOSIE TURNER 25 2716 N PENNSYLVANIA AVE APT 49 JEAN KEY NOEBEL ROSWELL NM 88201 2716 N PENNSYLVANIA AVE APT 36 ROSWELL NM 88201 33 DONIA JOAN MILLER ESTATE, 26 2716 N PENNSYLVANIA AVE APT 50 JO ANN HUDDLE ROSWELL NM 88201 2716 N PENNSYLVANIA AVE APT 44 ROSWELL NM 88201 34 OWANDA F DAVIS 27 2716 N PENNSYLVANIA AVE APT 51 MICHELLE MARLEY ROSWELL NM 88201 2716 N PENNSYLVANIA AVE APT 45 ROSWELL NM 88201 35 CHAD R MANN 28 PO BOX 3431 JAN AND MARION HOBBS TRUST ROSWELL NM 88202-3431 JAN D HOBBS & MARION E HOBBS TTES 2716 N PENNSYLVANIA AVE APT 46 CHAD R MANN ROSWELL NM 88201 OR CURENT OWNER 2716 N PENNSYLVANIA AVE APT 52 29 & 36 ROSWELL NM 88201 QUAIL VILLAGE ASSOCIATION INC 2716 N PENNSYLVANIA APT 56 37 ROSWELL NM 88201 LAURA C JENNINGS 2716 N PENNSYLVANIA AVE APT 56 ROSWELL NM 88201 15 38 DALE E WILLIAMS & DIANA E WILLIAMS 2716 N PENNSYLVANIA AVE APT 55 ROSWELL NM 88201 39 MARGARET R TILLEY 2716 N PENNSYLVANIA AVE APT 54 ROSWELL NM 88201 40 MITCHELL IRREVOCABLE TRUST C/O WELLS FARGO BANK NA TRUSTEE PO BOX 1968 ALBUQUERQUE NM 87103-1968 MITCHELL IRREVOCABLE TRUST OR CURRENT OWNER 2716 N PENNSYLVANIA AVE APT 53 ROSWELL 88201 41 NORTH SPRINGS ASSOCIATION 317 SHERRILL LN APT 30 ROSWELL NM 88201 16