Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, February 22, 2022 at 6:00 PM Meeting Room A; Roswell Convention & Civic Center 912 North Main Street Roswell, New Mexico Planning & Zoning Commission Members: Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Richard L. Gutierrez City Staff: Community Development Director; Kevin L. Maevers, AICP Planning & Zoning Administrator; Merideth Hildreth, AICP Associate Planner; Spencer Aiken City Engineer; Louis Najar, P.E. A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda February 22, 2022 E. Approval of Minutes January 25, 2022 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 22-004 FPLAT: Request for approval of a final plat for ENCHANTMENT WEST – EISENHOWER SUBDIVISION to create 10 residential lots with roadway and water improvements. 1000 – 1200 Block N Eisenhower Rd. Subd: ENCHANTMENT WEST SUBDIVISION SUMMARY PLAT NO 1 Tract: 1 & Tract 2 S: 36 T: 10S R: 23E BK: 505 PG: 507 WDJ & WDJT (DENNIS). 2. CASE 22-008 CUP: Request for Conditional Use Permit for Major Home Occupation for in- home childcare. 25 Forest Drive. Subd: NORTH PLAINS PARK 3 Block: 7 Lot: 12 BK: 685 PG: 1097 SWD (MINJARES). 3. CASE 22-009 CUP: Request for Conditional Use Permit for Major Home Occupation for in- home childcare. 1613 S Washington Ave. Subd: SOUTH HIGHLANDS EXT C Block: 5 Lot: 9 N 15.6' AND:- Lot: 10 S 62' , DOC# 202006029 QCD (ESQUIBEL). G. Other Business 1. Staff Communications, Reports, Information, and Updates H. Public Comments I. Announcements J. Adjourn Page 1 of 2 1 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: February 15, 2022 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, February 22, 2022 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 Page 2 of 2 2  P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, January 25, 2022 - 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 Spencer Aiken 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 21-7. A. CALL TO ORDER AND WELCOME – Chair David Storey Chair Storey called to order the regular meeting of the Planning & Zoning Commission at approximately 6:02 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: Kevin Maevers, AICP, Community Development Director Merideth Hildreth, AICP, Planning & Zoning Administrator Spencer Aiken, Associate Planner Louis Najar, P.E., City Engineer Parker Patterson, City Attorney Josh Nairn-Mahan, Deputy City Attorney Audience Members Present: Glenn Fellows, Toby Gross, Charles Currier, Rochelle Currier, Scott Hicks, Mike Espiritu, BJ Crow, Hess Yntema, Daniel Daftola, Randy Bouet, Jim Mitchell, Bill Dennis, Carol Dennis, George Bishop, Lisa Dunlap with Roswell Daily Record, and City Council Member Judy Stubbs. Online Via GoToMeeting - Linda Gross and Rita Kane – Doerhoeffer. 3 C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Consider approval of the January 25, 2022 Planning & Zoning Commission meeting agenda. Commissioner Aguilar MOTIONED to approve the Tuesday, January 25, 2022 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 December 28, 2021 Planning & Zoning Commission meeting minutes. Commissioner Henderson MOTIONED to approve the minutes from the December 28, 2021 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner MacCornack. The motion passed by a voice vote of 7-0. F. PUBLIC HEARING ITEMS: 1. CASE 21-018 ZOC: Cont’d from December 28, 2021 A request for a change in zoning from the R-2 Residential zoning district to C-2 Community Commercial zoning district on a portion of the property currently owned by the applicant, to facilitate financing for the development of a new Ford Automobile Dealership. Subd: KRUMLAND AUTO PARK EASEMENT PLAT 2 Lot: 1A Quarter: SW S: 31 T: 10S R: 24E BK: 644 PG: 1675 WD, (PLAT #1432). Address: 2001 West 2nd Street Chair Storey introduced Case 21-018 ZOC Commissioner Lessard MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 21-018. SECONDED by Commissioner McDaniel. The motion (passed) by a voice vote of 7-0. Kevin Maevers: Presented Case 21-018 ZOC, 21-019 ZOC and 22-001 FPLAT simultaneously. Skipped past the history section to emphasize the conditions of approval associated with the three zoning cases. Staff had initial discussions with Mr. Charles Currier, and the Planning and Zoning Commission recommended we continue the cases in the subsequent month to ensure all concerned parties agree with the proposed conditions of approval. Chair Storey: Is there anyone wishing to speak in favor of Case 21-018? In Favor: Mr. Hess Yntema: I was in opposition last month, but after seeing the final plats and conditions of approval, I withdraw my opposition and am in favor of the project. Mr. Charles Currier: I want to thank the Krumland Group and Mr. Maevers. Exhibit F, the conditions of approval, protect the neighborhood and address the concerns of the 4 people in the area. Speaking in regard to Cases 21-018, 21-019 and 22-001, everything looks good, and our agreement has been reached. My wife and I are withdrawing our protests as well, and we recommend the Commission approve these three items. Mr. Toby Gross: I am in favor of the project as it is a big project for Roswell. Mr. Mike Espiritu: The Krumland Auto Group is a major contributor to local economic development. I applaud the city staff for their work. The Krumland Auto Group will be expanding the local tax base with these three projects. Chair Storey: Is there anyone wishing to speak against Case 21-018? Against: None Motion – 21-018 ZOC Based on the land use and zoning considerations, finding of facts, and testimony heard at the meeting tonight, Commissioner Lessard MOTIONED to approve Case 21-018 a change of zoning from R-2 to C-2. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7-0. 2. CASE 21-019 ZOC: Cont’d from December 28, 2021 A request for a change in zoning from the R-2 Residential zoning district to C-2 Community Commercial zoning district on a portion of the property currently owned by the applicant, to facilitate financing for the development of the current Nissan Automobile Dealership. Subd: KRUMLAND AUTO PARK EASEMENT PLAT 2 Lot: 2A Quarter: SW S: 31 T: 10S R: 24E BK: 690 PG: 1820 WD, (PLAT #1432). Address: 2099 West 2nd Street. Chair Storey introduced Case 21-019 ZOC. Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 21-019. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 7-0. Kevin Maevers: Presented Case 21-019 ZOC Chair Storey: Is there anyone wishing to speak in favor of Case 21-019? In Favor: Mr. Charles Currier: Stated he withdrew the protest and wants to be sure Exhibit F is incorporated in the motion. 5 Mr. Maevers: Asked City Attorney, Parker Patterson, if all the protests have been withdrawn, as there was a petition. Mr. Patterson: Yes. Chair Storey: Is there anyone wishing to speak against Case 21-019? Against: None Motion – 21-019 ZOC Based on the land use and zoning considerations, finding of facts, and testimony heard at the meeting tonight, Commissioner Henderson MOTIONED to approve Case 21-019 a change of zoning from R-2 to C-2 with adherence to the proposed mitigation measures (Exhibit F). SECONDED by Commissioner Lessard. The motion passed by a roll voice vote of 7-0. 3. CASE 22-001 FPLAT: A request for approval of a Final Plat for the purposes of lot consolidation and lot line adjustment to facilitate financing for the development of a new Ford Automobile Dealership in the C-2 and C-4 zoning districts. 2001 W 2nd St - Subd: KRUMLAND AUTO PARK EASEMENT PLAT 2 Lot: 1A Quarter: SW S: 31 T: 10S R: 24E BK: 644 PG: 1675 WD, SEE PLAT #1432. 1909 W 2nd St - Subd: LINCOLN PLACE ANNEX Block: 3 Lot: 21 THRU:- Lot: 28 , , , , , , , S: 31 T: 10S R: 24E SE4SW4 E 5 FT N 155 FT S 205 FT W OF LOT 28 LINCOLN PLACE ANNEX BK: 644 PG: 1663 WD. 1901 W 2nd St - Subd: LINCOLN PLACE ANNEX Block: 3 Lot: 19 AND:- Lot: 20 , Quarter: SW S: 31 T: 10S R: 24E BK 678 PG 1428 WD. Chair Storey introduced Case 22-001 FPLAT (corresponding with Case 21-017 PPLAT heard at the December 28, 2021 P&Z Commission Meeting) Commissioner Lessard MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 22-001. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7-0. Mr. Kevin Maevers: Presented Case 22-001 Final Plat that corresponds with 21-017 PPLAT. Chair Storey: Is there anyone wishing to speak in favor of Case 22-001? In Favor: None Chair Storey: Is there anyone wishing to speak against Case 22-001? Against: None 6  Motion – 22-001 FPLAT Based on the land use and zoning considerations, finding of facts, and testimony heard at the meeting tonight, Commissioner Lessard MOTIONED to approve Case 22-001 with adherence to the proposed mitigation measures (Exhibit F). SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7-0. 4. CASE 22-002 FPLAT: A request for approval of a Final Plat for the purposes of lot consolidation, lot line adjustment, 3rd Street abandonment, and vacation of the 25’ eastward/westward alley east of Sequoia Ave to facilitate financing for the development of a new Hyundai Automobile Dealership in the C-2 and R-3 zoning districts. 2301 W 2nd St - Subd: KRUMLAND SUMMARY PLAT Lot: 6A Quarter: SW S: 31 T: 10S R: 24E BK: 566 PG: 991 WD. 209 N Sequoia Ave - Subd: JOSEPH LEA SUB Lot: 2 Quarter: SW S: 31 T: 10S R: 24E BK: 734 PG: 814 WD. North of 2301 W 2nd St – 347’ wide southwestern portion of WINNERS CIRCLE ROW VACATE PLAT Lot: 5A Quarter: SW S: 31 T: 10S R: 24E BK: 566 PG: 991 WD. Chair Storey introduced Case 22-002 FPLAT (corresponding with Case 21-020 PPLAT heard at the December 28, 2021 P&Z Commission Meeting) Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 22-002. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7-0. Mr. Kevin Maevers: Presented Case 22-002 Final Plat which corresponds with 21-020 PPLAT. Mr. Yntema appealed the corresponding Preliminary Plat last month, Zoning Case 21-020. As of today’s date, the appellant has not indicated whether they wish to withdraw the appeal. Mr. Parker Patterson: If the appellant withdraws the appeal, the Commission may vote. If the appellant does not withdraw the appeal, the Preliminary Plat will have to go before City Council. Chair Storey: Is there anyone wishing to speak in favor of Case 22-002? In Favor: Mr. Hess Yntema: I have worked with Mr. Krumland and the city, and I have dismissed the appeal. 7 Chair Storey: Is there anyone wishing to speak against Case 22-002? Against: None Motion – 22-002 FPLAT Commissioner Lessard MOTIONED to approve Case 22-002 Final Plat with the findings of facts, land use and zoning considerations, staff recommendations and testimony heard tonight with adherence to the proposed mitigation measures, which includes the withdrawal of the appeal imposed by Mr. Yntema. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7-0. 5. CASE 22-003 ZOC: Request for a zone change from C-1 Commercial to R-2 Residential. 1000 – 1200 Block N Eisenhower Rd. Subd: ENCHANTMENT WEST SUBDIVISION SUMMARY PLAT NO 1 Tract: 1 & Tract 2 S: 36 T: 10S R: 23E BK: 505 PG: 507 WDJ & WDJT. 6. CASE 22-004 PPLAT: Request for approval of a preliminary plat to create 10 residential lots. 1000 – 1200 Block N Eisenhower Rd. Subd: ENCHANTMENT WEST SUBDIVISION SUMMARY PLAT NO 1 Tract: 1 & Tract 2 S: 36 T: 10S R: 23E BK: 505 PG: 507 WDJ & WDJT. Chair Storey introduced Cases 22-003 ZOC and 22-004 PPLAT. Ms. Merideth Hildreth: Presented Cases 22-003 and 22-004 together as both cases pertain to the same property. Approval of the zoning cases would facilitate the development of more housing units in the area. There is a need for all types of housing units. Chair Storey: On the north end, is the 20’ alley radius temporary? Mr. Louis Najar: The radius is temporary, and will be turned around with curb and gutter. It will be temporary until further development occurs to the west and the north. Chair Storey: The plat says there is a 50’ Right-of-Way dedicated to Chaves County, but it is in city limits. Was it originally dedicated to Chaves County? Mr. Louis Najar: That should be the city’s jurisdiction—I believe that is because this was platted before the city annexed that land. Commissioner Aguilar MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 22-003. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 7-0. 8 Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 22-004. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7-0. Chair Storey: Is there anyone wishing to speak in favor of Case 22-003? In Favor: Mr. Mike Espiritu: The housing need in Roswell is significant. In this room in 2019, we had a housing summit to discuss the local need for more housing. With the anticipated new jobs that will be created within the next 10 years, the need for additional housing is even more significant. Chair Storey: Is there anyone wishing to speak against Case 22-003? Against: None Chair Storey: Is there anyone wishing to speak in favor of Case 22-004? In Favor: None Chair Storey: Is there anyone wishing to speak against Case 22-004? Against: None Motion – 22-003 ZOC Commissioner Henderson MOTIONED to approve Case 22-003 ZOC with the findings of facts, land use and zoning considerations, staff recommendations and testimony heard tonight. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 7- 0. Motion – 22-004 PPLAT Commissioner Henderson MOTIONED to approve Case 22-004 PPLAT with the findings of facts, land use and zoning considerations, staff recommendations and testimony heard tonight. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 7-0. 7. CASE 22-005 PPLAT: Request for approval of THE OAKS SUBDIVISION UNIT 1 preliminary plat to create 62 residential lots. 22.184 acres +/- south of Country Club Rd & east of Nevada Ave. Subd: EDEN ACRES UNIT 2 SUMMARY PLAT Lot: 2 S: 30 T: 10S R: 24E DOC# 202009093 REC(M). 8. CASE 22-006 PPLAT: Request for approval of THE OAKS SUBDIVISION UNIT 7 preliminary plat to create 48 residential lots. 13.61 acres +/- south of Country Club Rd & west of Nevada Ave. Subd: EDEN ACRES UNIT 2 SUMMARY PLAT Lot: 2 S: 30 T: 10S R: 24E DOC# 202009093 REC(M). 9 Chair Storey introduced Cases 22-005 PPLAT and 22-006 PPLAT Commissioner Lessard recused herself from Cases 22-005, 22-006, and 22-007 Mr. Spencer Aiken: Presented Cases 22-005 and 22-006. The two proposed preliminary plats are congruent with objectives and strategies from the city’s Comprehensive Plan. The two projects will facilitate infill development and create more housing, which are both urgent needs of the city. Commissioner Henderson: Why do these plats develop lots 1 and 7 instead of other areas of the preliminary master plan sketch? Mr. Kevin Maevers: Developing lots 1 and 7 creates a grand entrance from Country Club Road. Commissioner Henderson: Another concern is on Case 22-007 (Unit 7). One side of the street is Mesa Oak Dr and around the corner is Magnolia Lane. That is confusing because part of the street name changes partway through, then changes back to Magnolia Lane. Mr. Kevin Maevers: We can fix that as we handle addressing in our office. Chair Storey: There is a Magnolia Lane on both sides of Nevada Ave. Mr. Kevin Maevers: We will take care of the issue before going forward with the Final Plat. Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 22-005. SECONDED by Commissioner MacCornack. The motion passed by a voice vote of 6-0 (Commissioner Lessard recused). Chair Storey: Is there anyone wishing to speak in favor of Case 22-005? In Favor: Mr. Jim Mitchell: We will work on the addressing of the confusing street name. Mr. Dan Daftola: This is a project that has taken a lot of time, and we hope to make the project perfect with your input, as well as from the input of city staff. Mr. Kevin Maevers: This is a significantly improved development from what we’ve seen in a long time. Mr. Mike Espiritu: I support these two cases, and hope you vote in favor of both. 10 Commissioner Henderson: I assume the Engineering Department and Planning Division is okay with the current ingress/egress. Mr. Louis Najar: Vehicles come in and out of Country Club Road. It will be a two lane road, and we will have acceleration and deceleration lanes at Nevada Ave. Chair Storey: Is there anyone wishing to speak against Case 22-005? Against: None Commissioner Henderson MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 22-006. SECONDED by Commissioner MacCornack. The motion (passed) by a voice vote of 6-0 (Commissioner Lessard recused). Chair Storey: Is there anyone wishing to speak in favor of Case 22-006? In Favor: None Chair Storey: Is there anyone wishing to speak against Case 22-006? Against: None Motion – 22-005 PPLAT Commissioner Aguilar MOTIONED to approve Case 22-005 PPLAT with the findings of facts, land use and zoning considerations, staff recommendations and testimony heard tonight. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 6-0 (Commissioner Lessard recused). Motion – 22-006 PPLAT Commissioner MacCornack MOTIONED to approve Case 22-006 PPLAT with the findings of facts, land use and zoning considerations, staff recommendations and testimony heard tonight. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 6-0 (Commissioner Lessard recused). 9. CASE 22-007 ZOC: Request for a zone change from C-1 Commercial and R-4 Residential to C-2 Commercial. Subd: EDEN ACRES UNIT 1 Tract: 4 & Tract: 5 Quarter: NW S: 30 T: 10S R: 24E DOC# 202009093 REC(M). SE Corner of SYCAMORE AVE & COUNTRY CLUB RD. Chair Storey introduced Case 22-007 ZOC Mr. Spencer Aiken: Presented Case 22-007. The purpose of the zone change is to facilitate commercial development complementary to the adjacent residential uses. Chair Storey: Are the locations of the zone change designated lots? 11  Mr. Jim Mitchell: We have our surveyor here. They are both legal lots. Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 22-007. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 6-0 (Commissioner Lessard recused). Chair Storey: Is there anyone wishing to speak in favor of Case 22-007? In Favor: Mr. Mike Espiritu: This commercial use will complement the surrounding area well. Chair Storey: Is there anyone wishing to speak against Case 22-007? Against: None Motion – 22-007 ZOC Commissioner MacCornack MOTIONED to approve Case 22-007 ZOC with the findings of facts, land use and zoning considerations, staff recommendations and testimony heard tonight. SECONDED by Commissioner Gutierrez. The motion passed by a voice vote of 6-0 (Commissioner Lessard recused). G. OTHER BUSINESS 1. Staff Communications, Reports, Information, and Updates None H. PUBLIC COMMENTS Commissioner Henderson: I don’t see any green space in these three zoning cases. Also, I would hope a project this large contacts the school district. Mr. Kevin Maevers: This property is immediately north of the OMA. Likely won’t develop pocket parks here, but the area will be very close to the best park area in the region (OMA). We have a meeting with the School District tomorrow to discuss how they should be doing their facilities planning. Commissioner Henderson: Will the developer pay a park fee? Ms. Merideth Hildreth: If the developer does not develop any greenspace, they will be required to pay a park fee. 12  I. ANNOUNCEMENTS Mr. Kevin Maevers: Three of the Commissioners are coming up on the end of your Commissioner terms. If you are up for re-appointment, I would request that you all reapply. We will send the application forms once they become available. J. ADJOURN Chair Storey adjourned the meeting at 7:23 p.m. 13  AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 22-004 FPLAT City of Roswell Planning & Zoning Commission Agenda Tuesday, February 22, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 22-004 FPLAT, a request for approval of a Final Plat for ENCHANTMENT WEST – EISENHOWER SUBDIVISION for the purposes of subdividing two tracts into 10 lots for residential development, roadway improvements, and water improvements on the 1000 – 1200 Blocks of N Eisenhower Road. BACKGROUND: Prepared by: Merideth Hildreth, Planning & Zoning Administrator per application submitted by applicant. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The Final Plat requires Planning & Zoning Commission review and vote that is forwarded to City Council for final decision. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 22-004 FPLAT. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, staff recommends that the Planning & Zoning Commission introduce a motion, review, and approve Zoning Case 22-004 FPLAT at the February 22, 2022 Planning & Zoning Commission Meeting. 14 (3 PAGES) 15 16 17  EXHIBIT B STAFF SUMMARY FOR CASE: 22-004 FPLAT ENCHANTMENT WEST – EISENHOWER SUBDIVISION Roswell Planning & Zoning Commission Tuesday, February 22, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 22-004 FPLAT: A request for approval of a Final Plat for the purposes of subdividing two tracts into 10 lots for residential development, roadway improvements, and water improvements on the 1000, 1100, and 1200 blocks segment of N Eisenhower Road. I. Property Under Consideration: Property Address: 1000 – 1200 block of North Eisenhower Rd Legal Description: Subd: ENCHANTMENT WEST SUBDIVISION SUMMARY PLAT NO 1 Tract: 1 S: 36 T: 10S R: 23E BK: 505 PG: 507 WDJT Subd: ENCHANTMENT WEST SUBDIVISION SUMMARY PLAT NO 1 Tract: 2 S: 36 T: 10S R: 23E BK: 505 PG: 507 WDJT Property Owner: William C Dennis and Carol Dennis II. Site Data: Site Area: Tract 1: 1.7 acres + Tract 2: 2.06 acres = 3.76 Total Acres (163,785.6 Square Feet) UPC(s): Tract 1: 4133061013111000000 Tract 2: 4133061014164000000 Existing Land Use: Vacant Land Proposed Land Use: 10 Residential Lots Existing Zoning: C-1 Note: Zoning Case 22-003 ZOC is a request for zone change from C- 1 Neighborhood Commercial to R-2 Residential PAGE 1 of 7 18  EXHIBIT B STAFF SUMMARY FOR CASE: 22-004 FPLAT ENCHANTMENT WEST – EISENHOWER SUBDIVISION Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning District: North Residential R-2 South Residential; Parks & Recreation R-2; P&R West Vacant Land in Chaves County R-S Rural Suburban East Residential R-2 Chaves County Assessor’s Map City of Roswell Zoning Map PAGE 2 of 7 19  EXHIBIT B STAFF SUMMARY FOR CASE: 22-004 FPLAT ENCHANTMENT WEST – EISENHOWER SUBDIVISION III. Intent of Petition: The applicant and property owner of the 1000, 1100, and 1200 blocks of North Eisenhower Road in Enchantment West Subdivision Summary Plat No. 1 is requesting approval of a Final Plat for ENCHANTMENT WEST – EISENHOWER SUBDIVISION for the purposes of subdividing two tracts into 10 lots for residential development, roadway improvements, and water improvements. IV. Planning & Zoning Commission Considerations from Staff Review: 1. The proposed Final Plat will subdivide 3.76 acres of currently vacant land into ten residential lots and include roadway and water infrastructure installation in the 1000, 1100, and 1200 blocks of N Eisenhower Road. 2. The proposed lots range in size from 14,322 to 20,416 square feet. 3. At the time of this writing, the two tracts of land under consideration are zoned R-2 Residential. The Planning & Zoning Commission approved a zone change from C-1 Neighborhood Commercial to R-2 Residential at the January 25, 2022 public hearing. 4. Subdividing this property for residential lots meets the City of Roswell’s 2016 Comprehensive Master Plan Goal 8.9 Neighborhoods and Housing Goals, Objectives, and Implementation Strategies and specifically “Neighborhoods and Housing Goal 1: Promote a variety of housing types, sizes, and price ranges to accommodate housing needs of existing and future residents.” 5. The 2016 Comprehensive Master Plan’s Preferred Land Use Scenario Map indicates this property as commercial as it was initially zoned C-1 at the time of the map. The property under consideration abuts residential zoning to the north, south, and east. Vacant land in Chaves County zoned Rural Suburban is located on the west side of Eisenhower Road. 6. Based upon review of the Comprehensive Plan and need for housing, staff has determined that Zoning Case 22-004 FPLAT is in the interest of the community, not just the applicant. 7. The Planning & Zoning Commission reviewed and approved the Preliminary Plat on January 25, 2022, Zoning Case 22-004 PPLAT. The Final Plat shows the ROW dedication revision (see below). PAGE 3 of 7 20  EXHIBIT B STAFF SUMMARY FOR CASE: 22-004 FPLAT ENCHANTMENT WEST – EISENHOWER SUBDIVISION PAGE 4 of 7 21  EXHIBIT B STAFF SUMMARY FOR CASE: 22-004 FPLAT ENCHANTMENT WEST – EISENHOWER SUBDIVISION 8. An existing sanitary sewer line in the north/south 25’ wide alley between Eisenhower Road and Leslie Lane will serve the proposed lots. 9. The Plat indicates new six-inch water lines, fire hydrants, and related water infrastructure to serve the 10 lots. 10. North Eisenhower Road is classified as a Major Collector on the Functional Street Classification Map. The Plat indicates a 50’ wide easement from the City Boundary to the east property line of the property under consideration. See the Google Earth image below showing this segment of Eisenhower Road as a bladed roadway. Development will include paving the segment of Eisenhower Road indicated on the plat. Per the civil plan, the developer will improve this segment of Eisenhower Road with curbing on the south at Bill Dennis Drive and on the north at Carol Ann Way so that Eisenhower will serve the residential lots in this subdivision and be closed to through traffic until future development along Eisenhower Road occurs. (See Appendix G.) Google Earth street view of Eisenhower Road looking north from Bill Dennis Drive, showing graded roadway, overhead power lines, and vacant land. 11. Appendices F, G, and H contain the documents for the Final Plat: Exhibit F: Final Plat Enchantment West – Eisenhower Subdivision Exhibit G: Enchantment West – Eisenhower Subdivision Roadway and Water Improvements Sheets 1 and 2. Exhibit H: Assurance Agreement PAGE 5 of 7 22  EXHIBIT B STAFF SUMMARY FOR CASE: 22-004 FPLAT ENCHANTMENT WEST – EISENHOWER SUBDIVISION 12. According to Article 3: Definitions in the Subdivision Code, the proposed subdivision is a major subdivision defined as, “Subdivision, major. Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of more than ten (10) lots or any size subdivision requiring any new streets or change in any existing street, or any size subdivision requiring the extension of municipal facilities or the creation of any public improvements”. 13. The Planning & Zoning Commission’s recommendation for the Final Plat will be forwarded to the City Council for final consideration. 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 Map, with lots or land within one-hundred (100) feet of the area under consideration, excluding public right-of-ways. 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. At the time of this writing, the Planning & Zoning Office has received zero (0) written protests and zero (0) verbal protests, and zero (0) in person inquiries. 5. City of Roswell Subdivision Code Article 4: Subdivision Application Procedure and Approval Process Section 2. Application and Review Procedures regulates preliminary plat and final plat procedures. 6. After the Planning & Zoning Commission makes a decision on this zoning case, the Final Plat will be forwarded to City Council for review and final decision. 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 and Subdivision Code, Staff recommends: Approval of Zoning Case 22-004 FPLAT a final plat for ENCHANTMENT WEST – EISENHOWER SUBDIVISION in the 1000-1200 Block of N Eisenhower Road for the purposes of subdividing two tracts into 10 lots for residential development and roadway and water improvements. PAGE 6 of 7 23  EXHIBIT B STAFF SUMMARY FOR CASE: 22-004 FPLAT ENCHANTMENT WEST – EISENHOWER SUBDIVISION VII. Action by the Planning & Zoning Commission: Unless evidence to the contrary is introduced in the public hearing, based on Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, it is recommended that the Planning and Zoning Commission introduce a motion, and vote to recommend approval of Zoning Case 22-004 FPLAT. PAGE 7 of 7 24  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 22-004 FPLAT LETTER SENT VIA CERTIFIED MAIL ON FEBRUARY 4, 2022 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 22-004 FPLAT 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 22-004 FPLAT. 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 22-004 FPLAT: Request approval of Final Plat for ENCHANTMENT WEST – EISENHOWER SUBDIVISION to create 10 residential lots and improvements to roadway and water infrastructure. PROPERTY OWNER: William C. Dennis and Carol Dennis. PROPERTY LOCATION: 1000 – 1200 Block of N Eisenhower Road LEGAL DESCRIPTION: Subd: ENCHANTMENT WEST SUBDIVISION SUMMARY PLAT NO 1 Tract: 1 & Tract 2 S: 36 T: 10S R: 23E BK: 505 PG: 507 WDJ & WDJT. The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, FEBRUARY 22, 2022 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, 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, February 16, 2022, 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 Merideth Hildreth, Planning & Zoning Administrator (Area Map on Reverse Side ) 25  EXHIBIT D: ZONING CASE 22-004 FPLAT CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA REQUEST: Approval of Final Plat for ENCHANTMENT WEST – EISENHOWER SUBDIVISION to Create 10 Residential Lots and Roadway and Water Improvements COLLEGE BLVD 22 3 4 5 21 2 6 7 8 EISENHOWER ROAD 9 LESLIE LANE 10 1 11 12 20 13 14 15 17 16 19 18 PROPERTY UNDER CONSIDERATION NOTIFICATION LETTERS SENT TO PROPERTY 1000-1200 BLOCK N EISENHOWER ROAD OWNERS IN NOTIFICATION AREA 26  EXHIBIT E: 22-004 FPLAT: 1100-1200 BLOCK N EISENHOWER ROAD LIST OF PROPERTY OWNERS NOTIFIED 13 1, 2, 9, 10 JESUS A ORTIZ & ANGELICA ORTIZ WILLIAM C & CAROL DENNIS 1010 LESLIE LN PO BOX 549 ROSWELL NM 88201 ROSWELL NM 88202 14 3 CHRISTIAN MONTANEZ-CARILLO BRYAN CAIN & HOLLY CAIN HONGMANIE MONTANEZ 3619 CAROL ANN WAY 1006 LESLIE LN ROSWELL NM 88201 ROSWELL NM 88201 4 15 MYRON DUANE HAVENS JR GEORGE T BISHOP II ERICA G HAVENS ERIN MCGRAW BISHOP 3613 CAROL ANN WAY 1002 LESLIE LN ROSWELL NM 88201 ROSWELL NM 88201 5 16 BRANDON GOTTLIEB & KANDACE GOTTLIEB KEVIN DILLON & CHERYL DILLON 3609 CAROL ANN WAY 908 LESLIE LN ROSWELL NM 88201 ROSWELL NM 88201 6 17, 18 CARLOS EULALIO MARRUJO III CITY OF ROSWELL AMBER DANIELLE MARRUJO PO BOX 1838 1214 LESLIE LN ROSWELL, NM 88202 ROSWELL NM 88201 19, 20, 21, 22 7 FEATHERSTONE DEVELOPMENT CORPORATION RICARDO JACKSON PEREZ PO BOX 429 CRYSTAL JACKSON ROSWELL NM 88202 1210 LESLIE LN ROSWELL NM 88201 8 ERIC MENDOZA MORALES SANDRA MENDOZA 1206 LESLIE LN ROSWELL NM 88201 11 JOEL SANCHEZ 1102 LESLIE LN ROSWELL NM 88201 12 MICHAEL E COULTER ASHLEY N COULTER 1014 LESLIE LN ROSWELL NM 88201 27 EXHIBIT F: 22-004 FPLAT - FINAL PLAT 28 EXHIBIT G-1: 22-004 FPLAT (PAGE 1 OF 2) 29 EXHIBIT G-2: 22-004 FPLAT (PAGE 2 OF 2) 30 EXHIBIT H: 22-004 FPLAT ASSURANCE AGREEMENT (9 PAGES) 31 32 33 34 35 36 37 38 39  AGENDA ITEM F.2 City of Roswell Planning & Zoning Commission Zoning Case 22-008 CUP – CONDITIONAL USE PERMIT 25 Forest Drive City of Roswell Planning & Zoning Commission Agenda Tuesday, February 22, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 22-008 CUP, a request for a Major Home Occupation Conditional Use Permit to operate an in-home childcare program at 25 Forest Drive. BACKGROUND: Prepared by: Spencer Aiken, Associate Planner per application submitted by applicant. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The proposed Conditional Use Permit requires review by the Planning and Zoning Commission. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 22-008 CUP. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, staff recommends that the Planning & Zoning Commission introduce a motion, review, and approve Zoning Case 22-008 CUP at the February 22, 2022 Planning & Zoning Commission Meeting. 40  EXHIBIT A 22-008 CUP APPLICATION FOR MAJOR HOME OCCUPATION - CHILD CARE City of Roswell Community Development ROIW[LL �"' it,Vet, General Planning Application Form Please submit this form in addition to all corresponding requirements if you are applying for one or more of the legislative actions or land use permits listed below. Any incomplete or erroneous applications will not be accepted for processing. In addition to this form, new developments require the submittal of a Site/Drainage Review Checklist. Please list the address of the proposed project in the line below: 2 5" forest l7r Please check the applicable application type(s): Legislative Actions (Check All Required) General Plan Amendment Street Name Change Specific Plan Amendment Vacation of Public Right-of-Way/Easement Change of Zone □ Special Use Permit (SUP) !:V" □ Annexation Conditional Use Permit (CUP) Subdivision Plat (Preliminary or Final) Variance Land Use Permits (Check All Required) Fencing Permit Building Permit Placement Permit for Accessory Structure Alley Cut Permit Curb Cut/Sidewalk Permit Landscaping Permit □ Excavation Permit Parking Lot Permit Legislative Actions/Land Use Permits I Other: Please provide the following contact information: Applicant: Name: Phone Number: Email Address: Mailing Address: sr,eer Number: Street Name: Unit or Suite: City: score: Zip Code: 41 42 43 44  EXHIBIT B STAFF SUMMARY FOR CASE 22-008 CUP Roswell Planning & Zoning Commission Tuesday, February 22, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 22-008 CUP: Request for a Major Home Occupation Conditional Use Permit to operate an in-home childcare program. 1. Property Under Consideration: Property Address: 25 Forest Drive Legal Description: Subd: NORTH PLAINS PARK 3 Block: 7 Lot: 12 BK: 685 PG: 1097 SWD Property Owner: MINJARES, ROBERTO II. Site Data: Site Area: Approximately 78’x120’, or 9,360 square feet UPC: 4135063087104000000 Existing Land Use: Residential (R-1) Proposed Land Use: Residential (R-1) Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential District R-1 South Residential District R-1 West Residential District R-1 East Residential District R-1 PAGE 1 of 4 45  EXHIBIT B STAFF SUMMARY FOR CASE 22-008 CUP Map for 22-008 (CUP) Chaves County Assessor’s Map City of Roswell Zoning Map PAGE 2 of 4 46  EXHIBIT B STAFF SUMMARY FOR CASE 22-008 CUP III. Intent of Petition: The applicant is requesting a Major Home Occupation Conditional Use Permit to operate an in-home childcare program for up to 12 children in the R-1 Residential District at 25 Forest Drive. IV. Planning & Zoning Commission Considerations from Staff Review: 1. The Zoning Ordinance allows a minor home occupation for the in-home care of up to six children without a Conditional Use Permit. 2. At the time of this writing, only eight children are expected to be enrolled in Ms. Minjares’s daycare program. With approval of this proposed Conditional Use Permit, the anticipatory difference of total child enrollment in Ms. Minjares’s daycare program would change from seven to eight. 3. Parent/guardian drop off and pick up times are scattered throughout the day, and the last pick up time is approximately 5:30 p.m. This entails a minimal impact on local traffic circulation along Forest Drive and adjacent streets. 4. The drivepad at 25 Forest Drive is larger than the average R-1 residential drivepad, with the potential to provide approximately five off-street parking spots on the property. 5. The city’s 2015 Comprehensive Plan states that “more outlets for youths and support for at-risk youths” are needed to support local children in the community (pg. 15). 6. In an interview regarding at-home childcare programs with Nick Costales, Deputy Director of Field Services at the State of New Mexico’s Children, Youth & Families Department (CYFD), Nick stated that “there is plenty supply (of local childcare programs) to meet the demand (of local families), but a lot of parents are cautious. It could be because of COVID, and they are seeking a care provider that they know. Some of the parents are more comfortable finding a provider they know. Sometimes, they need after hours care—sometimes, home providers are open for longer timeframes, or weekends” (N. Costales, personal communication, February 8, 2022). PAGE 3 of 4 47  EXHIBIT B STAFF SUMMARY FOR CASE 22-008 CUP 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 Map, with lots or land within one-hundred (100) feet of the area under consideration, excluding public right-of-ways. 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. At the time of this writing, the Planning & Zoning Office has received zero (0) written protests, zero (0) verbal protests, and zero (0) in person inquiries. 5. City of Roswell Zoning Ordinance Article 62: Home Occupations, Section 2. Permits and Restrictions regulates Conditional Use Permits for Major Home Occupations. 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 22-008 CUP to permit a Major Home Occupation Conditional Use Permit in order to operate an in-home childcare program in the R-1 Residential District at 25 Forest Dr. VII. Action by the Planning & Zoning Commission: Unless evidence to the contrary is introduced in the public hearing, based on the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, it is recommended that the Planning and Zoning Commission introduce a motion, and vote to approve Zoning Case 22-008 CUP to permit a Major Home Occupation Conditional Use Permit in order to operate an in-home childcare program in the R-1 Residential District at 25 Forest Dr. PAGE 4 of 4 48  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 22-008 CUP LETTER SENT VIA CERTIFIED MAIL ON FEBRUARY 4, 2022 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 22-008 CUP 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 22-008 CUP. 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 22-008 CUP: Request for Conditional Use Permit for Major Home Occupation for in-home childcare. PROPERTY OWNER: Roberto Minjares PROPERTY LOCATION: 25 Forest Dr LEGAL DESCRIPTION: Subd: NORTH PLAINS PARK 3 Block: 7 Lot: 12 BK: 685 PG: 1097 SWD The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, FEBRUARY 22, 2022 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, 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, February 16, 2022, 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, Spencer Aiken Spencer Aiken, Associate Planner (Area Map on Reverse Side ) 49  EXHIBIT D: CASE 22-008 CUP Request for Conditional Use Permit for Major Home Occupation for in-home childcare at 25 Forest Dr. CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 12 13 14 15 10 16 11 17 1 18 9 7 2 8 3 6 4 5 PROPERTY UNDER CONSIDERATION – 25 Forest Dr NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 50  EXHIBIT E: 22-008 CUP: LIST OF PROPERTY OWNERS NOTIFIED 1 MINJARES, ROBERTO 25 FOREST DR ROSWELL 88203 2 WHITNEY,FRANCIS DUANE ; WHITNEY,DELORES M 27 FOREST DR ROSWELL NM 88203 3 ESPINOSA, ANTHONY 206 W BLAND ST ROSWELL NM 88203 4 ESPINOSA, ANTHONY 29 FOREST DR ROSWELL 88203 5 RODRIGUEZ, CESAR 22 WILDY DR ROSWELL NM 88203 6 CILLIS,JORDAN A 20 WILDY DR ROSWELL NM 88203 7 SALAS, JOSE ERNESTO; SALAS, SARA MICHELLE 1707 N WASHINGTON AVE ROSWELL NM 88201 8 SALAS, JOSE ERNESTO; SALAS, SARA MICHELLE 18 WILDY DR ROSWELL 88203 9 MARQUEZ,ELVERIA LEA 16 WILDY DR 51 ROSWELL NM 88203 10 ALBAREZ,REYNALDO G ; ALBAREZ,WILLIAM JOSEPH 21 FOREST DR ROSWELL NM 88203 11 PALMA,EVA R 23 FOREST DR ROSWELL NM 88203 12 RAMIREZ, PABLO ; RAMIREZ,YOLANDA 22 FOREST DR ROSWELL NM 88203 13 GREEN, MARVIN; GREEN, MARGARET D; GREEN, TIFFANY 3511 W 8TH ST ROSWELL NM 88201 14 GREEN, MARVIN; GREEN, MARGARET D; GREEN, TIFFANY 24 FOREST DR ROSWELL 88203 15 PRICE, SAMMY K 4905 W PINE LODGE RD ROSWELL NM 88201 16 PRICE, SAMMY K 26 FOREST DR ROSWELL 88203 17 HANES, SHEILA SHAREE 28 FOREST DR ROSWELL NM 88203 52 18 WHITE, JEANETTE 30 FOREST DR ROSWELL NM 88203 53  AGENDA ITEM F.3 City of Roswell Planning & Zoning Commission Zoning Case 22-009 CUP – CONDITIONAL USE PERMIT 1613 S Washington Ave City of Roswell Planning & Zoning Commission Agenda Tuesday, February 22, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 22-009 CUP, a request for a Major Home Occupation Conditional Use Permit to operate an in-home childcare program at 1613 S Washington Avenue. BACKGROUND: Prepared by: Spencer Aiken, Associate Planner per application submitted by applicant. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The proposed Conditional Use Permit requires review by the Planning and Zoning Commission. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 22-009 CUP. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, staff recommends that the Planning & Zoning Commission introduce a motion, review, and approve Zoning Case 22-009 CUP at the February 22, 2022 Planning & Zoning Commission Meeting. 54 EXHIBIT A 22-009 CUP APPLICATION FOR MAJOR HOME OCCUPATION - CHILD CARE 55 56 57 58  EXHIBIT B STAFF SUMMARY FOR CASE 22-009 CUP Roswell Planning & Zoning Commission Tuesday, February 22, 2022 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 22-009 CUP: Request for a Major Home Occupation Conditional Use Permit to operate an in-home childcare program for up to 12 children. 1. Property Under Consideration: Property Address: 1613 S Washington Ave Legal Description: Subd: SOUTH HIGHLANDS EXT C Block: 5 Lot: 9 N 15.6' AND:- Lot: 10 S 62' , DOC# 202006029 QCD. Property Owner: ESQUIBEL, MARGARITA II. Site Data: Site Area: Approximately 82’x117’, or 9,594 square feet UPC: 4135063290250000000 Existing Land Use: Residential (R-1) Proposed Land Use: Residential (R-1) Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential District R-1 South Residential District R-1 West Residential District R-1 East Residential District R-1 PAGE 1 of 4 59  EXHIBIT B STAFF SUMMARY FOR CASE 22-009 CUP Map for 22-009 (CUP) Chaves County City of Roswell Zoning Map Assessor’s Map PAGE 2 of 4 60  EXHIBIT B STAFF SUMMARY FOR CASE 22-009 CUP III. Intent of Petition: The applicant is requesting a Major Home Occupation Conditional Use Permit to operate an in-home childcare program for up to 12 children in the R-1 Residential District at 1613 S Washington Avenue. IV. Planning & Zoning Commission Considerations from Staff Review: 1. The Zoning Ordinance allows a minor home occupation for the in-home care of up to six children without a Conditional Use Permit. 2. Parent/guardian drop off and pick up times are scattered throughout the day. This entails a minimal impact on local traffic circulation along S Washington Ave and adjacent streets. 3. The drivepad at 1613 S Washington Ave is able to accommodate approximately two off-street parking spots on the property. 4. The city’s 2015 Comprehensive Plan states that “more outlets for youths and support for at-risk youths” are needed to support local children in the community (pg. 15). 5. In an interview with Nick Costales, Deputy Director of Field Services at the State of New Mexico’s Children Youth & Families Department (CYFD), in regard to at-home childcare programs, Nick stated that “there is plenty supply (of local childcare programs) to meet the demand (of local families), but a lot of parents are cautious. It could be because of COVID, and they are seeking a care provider that they know. Some of the parents are more comfortable finding a provider they know. Sometimes, they need after hours care—sometimes, home providers are open for longer timeframes, or weekends” (N. Costales, personal communication, February 8, 2022). 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 Map, with lots or land within one-hundred (100) feet of the area under consideration, excluding public right-of-ways. PAGE 3 of 4 61  EXHIBIT B STAFF SUMMARY FOR CASE 22-009 CUP 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. At the time of this writing, the Planning & Zoning Office has received zero (0) written protests, zero (0) verbal protests, and zero (0) in person inquiries. 5. City of Roswell Zoning Ordinance Article 62: Home Occupations, Section 2. Permits and Restrictions regulates Conditional Use Permits for Major Home Occupations. 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 22-009 CUP to permit a Major Home Occupation Conditional Use Permit in order to operate an in-home childcare program in the R-1 Residential District at 1613 S Washington Avenue. VII. Action by the Planning & Zoning Commission: Unless evidence to the contrary is introduced in the public hearing, based on the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, it is recommended that the Planning and Zoning Commission introduce a motion, and vote to approve Zoning Case 22-009 CUP to permit a Major Home Occupation Conditional Use Permit in order to operate an in-home childcare program in the R-1 Residential District at 1613 S Washington Avenue. PAGE 4 of 4 62  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 22-009 CUP LETTER SENT VIA CERTIFIED MAIL ON FEBRUARY 4, 2022 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 22-009 CUP 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 22-009 CUP. 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 22-009 CUP: Request for Conditional Use Permit for Major Home Occupation for in-home childcare. PROPERTY OWNER: Margarita Esquibel PROPERTY LOCATION: 1613 S Washington Ave LEGAL DESCRIPTION: Subd: SOUTH HIGHLANDS EXT C Block: 5 Lot: 9 N 15.6' AND:- Lot: 10 S 62' , DOC# 202006029 QCD The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, FEBRUARY 22, 2022 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, 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, February 16, 2022, 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, Spencer Aiken Spencer Aiken, Associate Planner (Area Map on Reverse Side ) 63  EXHIBIT D: CASE 22-009 CUP Request for Conditional Use Permit for Major Home Occupation for in-home childcare at 1613 S Washington Ave. CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 9 6 7 5 5 5 10 5 5 11 8 5 5 5 12 5 4 13 1 5 14 5 2 3 15 5 18 22 23 16 17 5 19 5 5 5 5 5 20 5 21 5 PROPERTY UNDER CONSIDERATION – 1613 S Washington Ave NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 64  EXHIBIT E: 22-009 CUP: LIST OF PROPERTY OWNERS NOTIFIED 1 ESQUIBEL, MARGARITA 1613 S WASHINGTON AVE ROSWELL 88203 2 TAPIA,ADELA 1617 S WASHINGTON AVE ROSWELL NM 88203 3 CASTELLO, MARILYN J 1614 S MISSOURI AVE ROSWELL NM 88203 4 HERNANDEZ, SONIA 1612 S MISSOURI AVE ROSWELL NM 88203 5 HANNA,NORMA JEAN 1610 S MISSOURI AVE ROSWELL NM 88203 6 MACIAS,MARGARITA 508 GREENBRIAR ST ROSWELL NM 88203 7 MACIAS,MARGARITA 1609 S WASHINGTON AVE ROSWELL 88203 8 WRIGHT,JAMES NELSON ; WRIGHT,MAYBELLE 1611 S WASHINGTON AVE ROSWELL NM 88203 9 AVILA, JORGE 1610 S WASHINGTON AVE ROSWELL NM 88203 65 10 CUETO, LEOPOLDO; CUETO, ELBA 2600 N KENTUCKY AVE ROSWELL NM 88201 11 CUETO, LEOPOLDO; CUETO, ELBA 1612 S WASHINGTON AVE ROSWELL 88203 12 TARLETON, NEWTON MICHAEL III 230 COPPER AVE VISTA CA 92083 13 TARLETON, NEWTON MICHAEL III 1614 S WASHINGTON AVE ROSWELL 88203 14 MERAZ, ABEL LOYA 1010 W DEMING ST ROSWELL NM 88203 15 MERAZ, ABEL LOYA 1616 S WASHINGTON AVE ROSWELL 88203 16 ALL AMERICAN MEAT INC P O BOX 1210 ROSWELL NM 882021210 17 ALL AMERICAN MEAT INC 700 W HOBBS ST ROSWELL 88203 18 HERNANDEZ, JUAN; HERNANDEZ, MARIA C 1307 W LINDA VISTA ROSWELL NM 88201 66 19 HERNANDEZ, JUAN; HERNANDEZ, MARIA C 1701 S WASHINGTON AVE ROSWELL 88203 20 SARLI REALTY INC 1516 S BROWN RD ROSWELL NM 882039333 21 SARLI REALTY INC 1703 S WASHINGTON AVE ROSWELL 88203 22 ESCARENO, AGUSTIN B; ESCARENO, LINA R 614 W HOBBS ST ROSWELL NM 88203 23 DOMINGUEZ, RUTH 612 W HOBBS ST ROSWELL NM 88203 67