Planning & Zoning Commission

P&Z REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, July 26, 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, CZO 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 22-14. 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 ABSENT Steve Henderson PRESENT Richard L. Gutierrez PRESENT Staff Members Present: Kevin Maevers, AICP, CZO, Community Development Director Merideth Hildreth, AICP, Planning and Zoning Administrator Spencer Aiken, Associate Planner Louis Najar, P.E., City Engineer Todd Verciglio, Real Property Manager Audience Members Present: Lisa Dunlap; Pov Chin; Marvin Green; Louis Fierro; Michael White; Larry Fresquez; Miriam Moreno-Carillo; Jesus Moreno; Gabby Carillo; Jan Barnett; Paige Smith; Janine Turnbull; Kevin Singh; Nadia Valenzuela; Debora Vigil; Ashley Beltran; Martin Beltran C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Consider approval of the July 26, 2022 Planning & Zoning Commission meeting agenda. Commissioner Henderson MOTIONED to approve the Tuesday, July 26, 2022 Planning & Zoning Commission agenda. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. 1 E. APPROVAL OF MINUTES: Consider approval of the June 28, 2022 Planning & Zoning Commission meeting minutes. Commissioner Lessard MOTIONED to approve the minutes from the June 28, 2022 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. F. PUBLIC HEARING ITEMS: Chair Storey introduced Case 22-025 FPLAT 1. CASE 22-025 FPLAT: Request for approval of Final Plat, 2nd & Sycamore Subdivision, to consolidate various tracts into one large parcel, vacation of 15 foot alley running East to West, vacation of 20’ stub alley on north end of property, relocation of utilities, & additional right of way for Sequoia Ave at 2509-2515 W 2nd St, 206-212 N Sequoia Ave, 200 Block N Sycamore Ave, & 2606 W 3rd St (Applicant: Atwell for ALLSUP’S). Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 22-025 FPLAT. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. Ms. Merideth Hildreth: Presented Case 22-025 FPLAT. Purpose of the Final Plat is to consolidate several lots into one lot, vacate alleys, and widen Sequoia Ave in order to construct a new 5,630 S.F convenience store and additional fueling stations. Chair Storey: Is there anyone wishing to speak in favor of Case 22-025 FPLAT? In Favor: Mr. Pov Chin with Atwell: The project will expand Sequoia Avenue into three lanes, with each being 20’ wide. Sequoia Ave will be paved on the east side of the property. Mr. Najar: There will be no access from 2nd Street or 3rd Street to the Allsup’s property. Access will be from Sycamore Avenue and Sequoia Avenue Chair Storey: Is there anyone wishing to speak against Case 22-025 FPLAT? Against: None Motion – 22-025 FPLAT 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, Commissioner Gutierrez MOTIONED to recommend approval of Zoning Case 22-025 FPLAT to City Council. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. 2  Chair Storey introduced Case 22-027 ZOC 2. CASE 22-027 ZOC: Request for a Zone Change from R-3 Residential to RMS (Residential Mobile / Manufactured Home Subdivision) at 2307 N Prairie Ave (Owner/Applicant: Louis Fierro). Commissioner Lessard MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 22-027 ZOC. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. Ms. Merideth Hildreth: Presented Case 22-027 ZOC. The lot is surrounded by RMS, and the zone change request is to RMS for consistency zoning. Chair Storey: Is there anyone wishing to speak in favor of Case 22-027 ZOC? In Favor: Mr. Louis Fierro: Stated he would like the property to be rezoned to RMS so he has the option of placing a single-wide mobile home on the lot. Chair Storey: Is there anyone wishing to speak against Case 22-027 ZOC? Against: None Motion – 22-027 ZOC Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance, Commissioner Lessard MOTIONED to approve Zoning Case 22-027 ZOC. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson- yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. Chair Storey introduced Cases 22-028 ZOC and 22-029 SUP 3. CASE 22-028 ZOC: Request for a Zone Change from R-2 Residential to R-S Rural Suburban at 401 & 407 N Orchard Ave (Owner: Morris E & Holly K Schertz / Applicant: Larry Fresquez). 4. CASE 22-029 SUP: Request for a Special Use Permit for agri-businesses & plant nurseries at 401 & 407 N Orchard Ave (Owner: Morris E & Holly K Schertz / Applicant: Larry Fresquez). Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to Case 22-028 ZOC and Case 22-029 SUP. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 6-0 as 3  follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard- yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. Ms. Merideth Hildreth: Presented Cases 22-028 ZOC and 22-029 SUP together. Zoning Case 22-028 ZOC is a request for a Zone Change from R-2 Residential to R-S Rural Suburban for 9.44 acres on three contiguous properties. Zoning Case 22-029 SUP is a request for a Special Use Permit to operate Carpenter Gardens as agribusiness, plant nursery, green houses, agritourism/education, and a community garden. Chair Storey: Is there anyone wishing to speak in favor of Case 22-028 ZOC and/or 22- 029 SUP? In Favor: Mr. Larry Fresquez: This property was a nursery, and the goal is to restore its original use. The water well is working again with the help of a farmer. The facility will employ about five people at the beginning of operations. Roosters are not allowed as they are noisy. We will only have chickens at the property if we have enough employees to take care of them. Jan Carpenter Barnett: Stated the project is an integral part of her family history and supports the project. Chair Storey: Is there anyone wishing to speak against Case 22-028 ZOC and/or 22-029 SUP? Against: None Motion – 22-028 ZOC Based on the land use and zoning considerations, findings of fact, surrounding land uses, and the regulations established in the Zoning Ordinance, Commissioner Aguilar MOTIONED to approve Case 22-028 ZOC. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. Motion – 22-029 SUP Based on the land use and zoning considerations, findings of fact, surrounding land uses, and the regulations established in the Zoning Ordinance, Commissioner Henderson MOTIONED to approve Case 22-029 SUP. SECONDED by Commissioner Gutierrez. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. 4 Chair Storey introduced Case 22-030 ZOC 5. Request for a Zone Change from R-1 & R-4 (Residential) to RVP (Recreational Vehicle Park) on approximately 20 acres on the north side of W. Alameda Street, approx. ¼ mile east of S. Eisenhower Road. Commissioner Henderson MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to Case 22-030 ZOC. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. Mr. Spencer Aiken: Presented Case 22-030 ZOC. The intent of the proposed Zone Change from R-1 and R-4 to RVP is to build an RV Campground and Resort with recreational features. Chair Storey: Is there anyone wishing to speak in favor of Case 22-030 ZOC? In Favor: Mr. Martin Beltran: There are on-site sewer manholes to tie into. Access will be along Second Street. Louis Najar: The project will have to ensure drainage slowly flows toward Second Street in order to not inundate adjacent Enchanted Hills and Spring River. Chair Storey: Is there anyone wishing to speak against Case 22-030 ZOC? Against: Ms. Nadia Valenzuela: Stated concerns about drainage and traffic and losing the residential neighborhood feel. Ms. Paige Smith representing the property owner: Stated Kevin Maevers and I can keep you updated as the project moves forward. Ms. Deborah Vigil: Most of the residents who live there have not had much time to think about how much this project can affect them. Mr. Louis Najar: To clarify, once the RVP zoning is approved, the developer is obligated to comply with development standards and conditions of approval, but there is nothing that will stop the development of RVP once approved. Mr. Kevin Maevers: Without proper zoning in place, the project will not be able to obtain funding. The drainage issues will never be resolved by development of a typical single family development. A project that will generate enough income such as this development can address drainage improvements. There are many steps and considerations during the development process. Entrance will be on 2nd Street at appropriate location approved by NMDOT. 5  Motion – 22-030 ZOC Based on the land use and zoning considerations, findings of fact, surrounding land uses, and the regulations established in the Zoning Ordinance, Commissioner Henderson MOTIONED to approve Case 22-030 ZOC. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. G. OTHER BUSINESS 1. Discussion on proposed updates to the Zoning and Development Code 2. Informational discussion on Community Solar presented by Todd Verciglio, City Real Property Manager in the Community Development Department 3. Planning and Zoning Commission Officer election. Commissioner Henderson motioned to elect the current Officers to the positions. Seconded by Commissioner McDaniel. The motion passed by a voice vote of 6-0 as follows: Saul Aguilar- yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, Jesse McDaniel-yes, David Storey-yes, and James MacCornack being absent. H. PUBLIC COMMENTS I. ANNOUNCEMENTS J. ADJOURN Chair Storey adjourned the meeting at 7:33 p.m. 6