Planning & Zoning Commission
Regular MeetingRoswell, NM · August 30, 2022
Minutes
P&Z REGULAR MEETING MINUTES
Roswell Planning & Zoning Commission
Tuesday, August 30, 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
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 6:00 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:
Kevin Maevers, AICP, CZO, Community Development Director
Merideth Hildreth, AICP, Planning and Zoning Administrator
Louis Najar, P.E., City Engineer
Audience Members Present:
James Ridgway, Adam Villegas, Tamara Kazma
Online – Gabriel Villegas
C. SWEARING IN: Commissioner Henderson swore in staff and members of the
audience.
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D. APPROVAL OF THE AGENDA
Consider approval of the August 30, 2022 Planning & Zoning Commission
meeting agenda. Commissioner Lessard MOTIONED to approve the Tuesday,
August 30, 2022 Planning & Zoning Commission agenda as presented.
SECONDED by Commissioner Henderson. The motion passed by a voice vote of
7 to 0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-
yes, Jana Lessard-yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey-
yes.
E. APPROVAL OF MINUTES:
Consider approval of the July 26, 2022 Planning & Zoning Commission meeting
minutes. Commissioner Aguilar MOTIONED to approve the minutes from the
July 26, 2022 Planning & Zoning Commission meeting. SECONDED by
Commissioner McDaniel. The motion passed by a voice vote of 7 to 0 as follows:
Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes, Jana Lessard-
yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey-yes.
F. PUBLIC HEARING ITEMS:
Chair Storey introduced Case 22-031 VAR
1. CASE 22-031 VAR: Request for approval of Variances to minimum lot size requirements
and setbacks in the R-1 Residential zoning district at 808 & 806 W Fourth Street. Subd:
WILDYS Block: 2 Lot: 14 Quarter: SW S: 32 T: 10S R: 24E BK 705 PG 512 REC (Applicant:
James Ridgway.)
Commissioner McDaniel MOTIONED to waive the reading of the findings of fact
and land use and zoning considerations with respect to case 22-031 VAR.
SECONDED by Commissioner MacCornack. The motion passed by a voice vote of
7 to 0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-
yes, Jana Lessard-yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey-
yes.
Ms. Merideth Hildreth: Presented Case 22-031 VAR, a request for a variance to split
a residential lot in the R-1 Zoning District to allow each house to be on its own
separate lot with lot sizes less than 6,000 square foot minimum lot size in R-1: Lot
14A with 5,475 square feet and Lot 14B with 2,945. Variances to the setbacks is also
under consideration as proposed on the Ridgway Summary Replat. Subdivision of
corner lots in the immediate area is the historic land use pattern, even in the R-1
district. Upon approval by the Planning and Zoning Commission the lot split will be
performed by a Summary Plat and will not require City Council approval. Staff
received no objections or inquiries.
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Chair Storey: Is there anyone wishing to speak in favor of Case 22-031 VAR?
In Favor:
James Ridgway
Chair Storey: Is there anyone wishing to speak against Case 22-031 VAR?
Against: None
Motion – 22-031 VAR
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 Henderson MOTIONED to approve Zoning Case 22-031 VAR under the
proposed Ridgway Summary Replat.
SECONDED by Commissioner McDaniel.
The motion passed by a voice vote of 7 to 0 as follows: Saul Aguilar-yes, Richard L.
Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, James MacCornack- yes, Jesse
McDaniel-yes, David Storey-yes.
Chair Storey introduced Case 22-032 ZOC
2. CASE 22-032 ZOC: Request for approval of a Zone Change from C-2 Community
Commercial District to R-3 Residential zoning district at 1117 S Pennsylvania Avenue.
Subd: ROSWELL HOMES REDIV Block: 1 Lot: 17 BK:825 PG:352 SWD (Applicant: Trustees
of Romulo G. Villegas Revocable Trust.)
Commissioner Lessard MOTIONED to waive the reading of the findings of fact
and land use and zoning considerations with respect to case 22-032 ZOC.
SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7
to 0 as follows: Saul Aguilar-yes, Richard L. Gutierrez-yes, Steve Henderson-yes,
Jana Lessard-yes, James MacCornack- yes, Jesse McDaniel-yes, David Storey-yes.
Ms. Merideth Hildreth: Presented Case 22-032 ZOC, a request for a zone change
from C-2 Community Commercial to R-3 Residential Zoning District for an existing
residential property. The property is contiguous to the R-3 Zoning District, and next
to residential structures in the C-2 District. This property and the surrounding
residential structures are listed as Residential Improvement in the Chaves County
Assessor Information. Staff received no objections or inquiries.
Chair Storey: Is there anyone wishing to speak in favor of Case 22-032 ZOC?
In Favor: Gabriel Villegas, Trustee of Bobby Villegas’s estate stated that prospective
buyers have been unable to qualify for a mortgage or home loan as the property is
zoned commercial.
Chair Storey: Is there anyone wishing to speak against Case 22-032 ZOC?
Against: None
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Motion – 22-032 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 22-032 ZOC, a zone change from C-2 Community
Commercial to R-3 Residential for 1117 S Pennsylvania Avenue.
SECONDED by Commissioner Gutierrez
The motion passed by a voice vote of 7 to 0 as follows: Saul Aguilar-yes, Richard L.
Gutierrez-yes, Steve Henderson-yes, Jana Lessard-yes, James MacCornack- yes, Jesse
McDaniel-yes, David Storey-yes.
G. OTHER BUSINESS
1. Kevin Maevers facilitated discussion regarding future amendments to the Zoning
Ordinance and Subdivision Regulations, including establishment of a priority list.
Over the last year and-a-half, the Planning & Zoning Commission has heard more
variances and zone changes for issues not standardized indicating how out-of-date
the Zoning Ordinance and Development Code is and highlights a need for
amendments. City Council and Legal Committee requested that Planning and
Zoning Commission create a prioritized schedule for text amendments. Mr.
Maevers presented the following list of priorities.
Article 3: Add Conditional Use Permit (CUP) Requirements and actions the city
can take when an applicant violates an existing CUP and procedure for city to
revoke a CUP.
Article 4: Update Definitions as needed.
Article 12, 14, and 16 Residential Zoning Districts should include provisions for
Short Term Rentals in the Zoning Ordinance. Following the UFO Festival, staff
discovered there are approximately 90 short-term rentals operating in the City
of Roswell, some of which may not be registered. The R-3 Zoning District allows
bed and breakfast with a Special Use Permit. Staff will work on updating the
Zoning Ordinance and the Lodgers Tax Ordinance for Short-Term-Rentals
simultaneously.
Article 52: Parking section is confusing and obsolete to today’s parking needs
and can be revised to allow for site specific Parking Analysis instead of arbitrary
parking standards. Mr. Maevers is also working with MainStreet Roswell on
public parking in the downtown.
The Sign Ordinance has major gaps and needs clarification.
In a post-COVID world, more and more people are working from home and
starting their own businesses, so the Home Occupation Article needs to be
updated.
The design guidelines for Old Municipal Airport could be looked at.
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Chair Storey: Staff knows the priorities and suggested going with staff
recommendations to bring text amendments to the Commission.
Commissioner McDaniel: suggested that staff bring examples along with the text
revisions.
Chair Storey: asked about Business License Renewals.
Commissioner Lessard: Asked for an update on the Community Development
Department’s space.
H. PUBLIC COMMENTS
None
I. ANNOUNCEMENTS
J. ADJOURN
Chair Storey adjourned the meeting at 6:43 p.m.
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Agenda
City of Roswell Planning & Zoning Commission Agenda
Tuesday, August 30, 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, CZO
Planning & Zoning Administrator; Merideth Hildreth, AICP
City Engineer; Louis Najar, P.E.
A. Call to Order
B. Roll-Call
C. Swearing In
D. Approval of the Agenda
August 30, 2022 Agenda
E. Approval of Minutes
July 26, 2022 P&Z Regular Meeting Minutes
F. Public Hearing Items
1. CASE 22-031 VAR: Request for approval of Variances to minimum lot size requirements and
setbacks in the R-1 Residential zoning district at 808 & 806 W Fourth Street. Subd: WILDYS Block: 2
Lot: 14 Quarter: SW S: 32 T: 10S R: 24E BK 705 PG 512 REC (Applicant: James Ridgway.)
2. CASE 22-032 ZOC: Request for approval of a Zone Change from C-2 Community Commercial District
to R-3 Residential zoning district at 1117 S Pennsylvania Avenue. Subd: ROSWELL HOMES REDIV
Block: 1 Lot: 17 BK:825 PG:352 SWD (Applicant: Trustees of Romulo G. Villegas Revocable Trust.)
G. Other Business
1. Discussion regarding future amendments to the Zoning Ordinance and Subdivision
Regulations, including establishment of a priority list.
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 22-14.
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: August 24, 2022
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P&Z DRAFT 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.
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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.
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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
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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.
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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.
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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.
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AGENDA ITEM F.1
City of Roswell Planning & Zoning Commission
Request for Variance: Zoning Case 22-031 VAR
City of Roswell Planning & Zoning Commission Agenda
Tuesday, August 30, 2022
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 22-031 VAR,
Request for approval of Variances to minimum lot size requirements
and setbacks in the R-1 Residential Zoning District in order to split one
lot into two lots.
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 proposed Variance requires Planning & Zoning Commission
review.
BOARD OR
COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on
Zoning Case 22-031 VAR.
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 vote to approve Zoning Case 22-031 VAR at the August 30, 2022
public hearing.
Page 9 of 39
EXHIBIT A: 22-031 VAR APPLICATION PAGE 1 OF 2
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Summary Plat - Lot Split
Page 10 of 39
EXHIBIT A: 22-031 VAR APPLICATION PAGE 2 OF 2
"Split Properties - 808 From 806. Both have separate
gas & electric now. City Water has quoted price to
install meter for 806. Reason for split is for
grandchildren - one property each. Thank you."
LEGAL DESCRIPTION: Subd: WILDYS Block: 2 Lot: 14 Quarter: SW S: 32 T: 10S R: 24E BK 705 PG 512 REC
Page 11 of 39
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-031 VAR
REQUEST FOR VARIANCE TO MINIMUM LOT SIZE & SETBACK REQUIREMENTS
Roswell Planning & Zoning Commission
Tuesday, August 30, 2022
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
APPLICATION: CASE 22-031 VAR:
Request for approval of Variances to minimum lot size requirements and setbacks in the R-1
Residential Zoning District in order to split the lot into two lots.
I. Property Under Consideration:
Property Address: 808 W Fourth Street & 806 W Fourth Street
Legal Description: Subd: WILDYS Block: 2 Lot: 14 Quarter: SW S: 32 T: 10S R: 24E BK 705 PG 512 REC
Property Owner: James B. Ridgway & Tina Deville
Applicant: James B. Ridgway
II. Site Data:
Site Area: 8,400 S.F (60’x168’)
UPC(s): 4135061207453000000
Existing Land Use: Residential R-1 Lot with 2 houses
Proposed Land Use: Residential R-1 – split lot into two lots so each existing house is on
its own separate lot
Existing Zoning: Residential District (R-1)
Table 1: Adjacent Existing Land Use and Zoning to the property under consideration
Direction: Land Use: Zoning:
North Residential District R-1
South Residential District R-1
West Residential District R-2
East Residential District R-1
Page 12 of 39 PAGE 1 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-031 VAR
REQUEST FOR VARIANCE TO MINIMUM LOT SIZE & SETBACK REQUIREMENTS
Page 13 of 39 PAGE 2 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-031 VAR
REQUEST FOR VARIANCE TO MINIMUM LOT SIZE & SETBACK REQUIREMENTS
III. Intent of Petition:
The property owner of 806 & 808 W Fourth Street is requesting approval of a Variance
to the minimum lot size requirements and setbacks in the R-1 zoning district in order to
split the single lot that currently has two housing units into two lots so each house can
be on its own separate lot.
IV. Planning & Zoning Commission Considerations from Staff Review:
1. The proposed Variance to the minimum R-1 lot size requirement corresponds with
the Ridgway Summary Replat. This plat proposes to split the lot to create two
separate lots (806 W 4th Street and 808 W 4th Street).
2. Article 50 of the Zoning Ordinance requires a minimum lot size of 6,000 square feet
in the R-1 Zoning District. Currently, the R-1 lot under consideration for the lot split
is 8,400 square feet in area. The proposed summary plat will provide 5,475 Square
Feet for Lot 14A and 2,945 Square Feet for Lot 14B.
3. Pursuant to the Ridgway Summary Replat, Variances for Lot 14A and 14B are
required to allow the non-conforming smaller lots sizes in the R-1 Zoning District.
4. As shown on the Chaves County Assessor’s Map and Zoning Map the prevailing land
development pattern in the surrounding blocks shows that corner lots have been
subdivided into two or three lots, even in the R-1 Residential District. (See map
below.)
Page 14 of 39 PAGE 3 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-031 VAR
REQUEST FOR VARIANCE TO MINIMUM LOT SIZE & SETBACK REQUIREMENTS
5. Reconfiguration of the original lot into two lots reorients the front, rear, and side
yards resulting in requirements for variances to the respective yard setbacks.
a) The proposed Ridgway Summary Replat provides plat the distances between the
property lines and the building facades.
b) These existing houses built several decades ago fall within the Zoning
Ordinance’s Exceptions to Required Yards for front and street side yard setbacks
in Article 52 Section 5.
c) The Zoning Ordinance specifies a 20’ Rear Yard Setback in the R-1 Zoning District.
d) The new rear yard designated for Lot 14A will provide a setback of 5.3’ from the
south side of the house to the south property line. Lot 14A will require a 14.7’
variance to the Rear Yard Setback.
e) The new rear yard designated for Lot 14B will provide a setback of 9.8’ from the
south side of the house to the south property line. Lot 14B will require a 10.2’
variance to the Rear Yard Setback.
6. The proposed Variances corresponds with municipal objectives to provide market
rate single family housing units due to a severe shortage and urgent need.
7. The Ridgway Summary Replat provides a blanket Utility Easement on Lot 14A and
Lot 14B to ensure utility work can be performed on utilities that cross property lines.
Page 15 of 39 PAGE 4 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-031 VAR
REQUEST FOR VARIANCE TO MINIMUM LOT SIZE & SETBACK REQUIREMENTS
8. Land Use Implementation Strategy 1.3 of the City of Roswell’s 2016 Comprehensive
Plan is to “develop amendments to the Zoning Ordinance to provide for greater
flexibility in development standards…and provide a more graduated scale of
minimum lot sizes for single-family development” (pg. 65).
9. The Community Development Department deems that a Variance to minimum R-1
lot size requirements in this location does not impose any negative impacts to the
adjacent community, or the City of Roswell as the use and density will be essentially
the same as the current use and is consistent with the prevailing residential
development pattern.
Staff Photo: Property under consideration for the Lot Split. View from 4th Street looking west.
Staff Photo: Property across the street on north side of 4th showing multi-family in R-2. View
from 4th Street looking east.
Page 16 of 39 PAGE 5 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-031 VAR
REQUEST FOR VARIANCE TO MINIMUM LOT SIZE & SETBACK REQUIREMENTS
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. Notifications of the public hearing were 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. As of the time of this writing, the Planning & Zoning Office has received zero (0)
written protests, zero (0) verbal protests, and zero (0) inquiries.
5. City of Roswell Subdivision Code Article 4: Subdivision Application Procedure and
Approval Process Section 2. Application and Review Procedures and Section 3C
Approval Process Summary Subdivision regulates Summary Plats.
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 22-031 VAR to grant minimum lot size and setback
Variances to create two lots by the Ridgway Summary Replat for 806 W 4th Street
and 808 W 4th Street.
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 22-031 VAR.
Page 17 of 39 PAGE 6 of 6
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR
ZONING CASE 22-031 VAR
LETTER SENT VIA CERTIFIED MAIL ON AUGUST 12, 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 22-031 VAR
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 22-031 VAR. 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 22-031 VAR: Request for approval of a Variance to minimum lot size requirements in the R-1
Residential zoning district.
PROPERTY OWNERS: James Ridgway and Tina Deville
APPLICANT: James Ridgway
PROPERTY LOCATION: 806 and 808 W. Fourth Street
LEGAL DESCRIPTION: Subd: WILDYS Block: 2 Lot: 14 Quarter: SW S: 32 T: 10S R: 24E BK 705 PG 512 REC
The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on
Date: TUESDAY, August 30, 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 or in person or online at the hearing. The information packet for this zoning case will be available
by 5 p.m., on Friday, August 26, 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. You may join the meeting through GoToMeeting from your computer, tablet or smartphone:
https://global.gotomeeting.com/join/518430445. You can also dial in using your phone.
United States: +1 (786) 535-3211 Access Code: 518-430-445. New to GoToMeeting? Get the app now and be
ready when your first meeting starts: https://global.gotomeeting.com/install/518430445
Respectfully,
Spencer Aiken (Area Map on Reverse Side )
Associate Planner
Page 18 of 39
EXHIBIT D: CASE 22-031 VAR Request:
CASE 22-031 VAR: Request for approval of a Variance to minimum lot size requirements in the R-1 Residential
zoning district at 808 and 806 W. Fourth Street.
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION
AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA
18 17
13
19 14
10
20 16 12
15 11
21 1
8 9
22
2 3
7
23
4 5 6
PROPERTY UNDER CONSIDERATION FOR VAR NOTIFICATION LETTERS SENT TO PROPERTY
808 AND 806 W. FOURTH STREET OWNERS IN NOTIFICATION AREA
Page 19 of 39
EXHIBIT E: 22-031 VAR
1
RIDGWAY, JAMES B; DEVILLE, TINA
301 S BIRCH AVE
ROSWELL NM 88203
RIDGWAY, JAMES B; DEVILLE, TINA
806 W 4TH ST
ROSWELL NM 88201
2
VAN WINKLE,DENE C; RILEY,KRISTA C
PO BOX 2813
ROSWELL NM 88202
3
VAN WINKLE,DENE C; RILEY,KRISTA C
307 N KANSAS AVE
ROSWELL NM 88201
4
LA BAUVE, KAREN W; LA BAUVE, LYNN C
305 N KANSAS AVE
ROSWELL NM 88201
5
DENNIS,MICHAEL W JR & KISHA
3145 NUGGET LN
ANCHORAGE AK 99516
6
DENNIS,MICHAEL W JR & KISHA
306 N MICHIGAN AVE
ROSWELL NM 88201
7
RHODES,ELIZABETH KAY
308 N MICHIGAN AVE
ROSWELL NM 88201
8
BOURQUE, ROBERT F ; BOURQUE, BRITT E
PO BOX 727
ROSWELL NM 88202-0727
Page 20 of 39
9
BOURQUE, ROBERT F; BOURQUE, BRITT E
312 N MICHIGAN AVE
ROSWELL NM 88201
10
HART, JERRY; HART, TRICIA L
PO BOX 1451
ROSWELL NM 88202
11
HART, JERRY; HART, TRICIA L
803 W 4TH ST
ROSWELL NM 88201
12
AAKHUS, MICHAEL K
400 N MICHIGAN AVE
ROSWELL NM 88201
13
FRANCO, KYRA N
404 N MICHIGAN AVE
ROSWELL NM 88201
14
GOMEZ, OTONIEL; GOMEZ, CLAUDIA
210 FULBRIGHT
CARLSBAD NM 882209153
15
GOMEZ, OTONIEL; GOMEZ, CLAUDIA
813 W 4TH ST
ROSWELL NM 88201
16
GOMEZ, OTONIEL; GOMEZ, CLAUDIA
805 W 4TH ST
ROSWELL NM 88201
17
GARCIA, MAYTE S; GARCIA, GABRIEL G; GARCIA, MARCIA L
405 N KANSAS AVE
Page 21 of 39
ROSWELL NM 88201
18
SANCHEZ-ECHERIVEL, HUGO C; GALLEGOS, SANDRA HERNANDEZ
404 N KANSAS AVE
ROSWELL NM 88201
19
EARNEST, LAYLA
3110 SIRINGO RONDO S
SANTA FE NM 87507-5020
20
EARNEST, LAYLA
402 N KANSAS AVE
ROSWELL NM 88201
21, 22
EPPERS, TOMMY
310 N KANSAS AVE
ROSWELL NM 88201
23
EPPERS, TOMMY
308 N KANSAS AVE
ROSWELL NM 88201
Page 22 of 39
EXHIBIT F: RIDGWAY SUMMARY REPLAT
BLOCK 1 RIDGWAY SUMMARY REPLAT
OWNERS STATEMENT AND AFFIDAVIT
STATE OF NEW MEXICO)
COUNTY OF CHAVES)
THE UNDERSIGNED BEING FIRST DULY SWORN ON OATH, STATE:
WE AS OWNERS AND PROPRIETORS HAVE OF OUR OWN FREE WILL AND CONSENT CAUSED THIS PLAT WITH ITS TRACTS AND EXISTING ROAD RIGHT-OF-WAY, EASEMENTS,
DEDICATIONS TO BE PLATTED. THE PROPERTY DESCRIBED ON THIS PLAT LIES WITHIN THE PLANNING AND PLATTING JURISDICTION OF THE CITY OF ROSWELL, CHAVES
COUNTY, NEW MEXICO
_________________________________ _________________________________
JAMES B. RIDGWAY TINA DEVILLE
ACKNOWLEDGMENT
STATE OF NEW MEXICO)
COUNTY OF CHAVES)
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS _________ DAY OF ______________, 2022 BY JAMES B. RIDGWAY & TINA DEVILLE, HUSBAND AND WIFE.
MY COMMISSION EXPIRES:
____________________________________
NOTARY PUBLIC
APPROVAL OF THE CHAVES COUNTY FLOOD COMMISSIONER
STATE OF NEW MEXICO)
BLOCK 3
COUNTY OF CHAVES)
THIS IS TO CERTIFY THAT THE FOREGOING REPLAT HAS BEEN EXAMINED AND APPROVED BY THE CHAVES COUNTY FLOOD COMMISSIONER,
BLOCK 2 CHAVES COUNTY, NEW MEXICO ON THIS _____ DAY OF __________, 2022
__________ _________________________
CHAVES COUNTY FLOOD COMMISSIONER
APPROVAL OF THE CITY OF ROSWELL
STATE OF NEW MEXICO)
COUNTY OF CHAVES)
THIS IS TO CERTIFY THAT THIS FOREGOING REPLAT HAS BEEN EXAMINED AND APPROVED BY THE CITY OF ROSWELL,
CHAVES COUNTY, NEW MEXICO ON THIS _____ DAY OF ___________, 2022.
_____________________________
CITY MANAGER
_____________________________
ATTEST
SURVEYOR'S CERTIFICATION
I, LUIS LANDAVERDE, A NEW MEXICO REGISTERED PROFESSIONAL SURVEYOR CERTIFY THAT I DIRECTED AND AM RESPONSIBLE FOR THIS SURVEY, THAT THIS SURVEY IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND THIS SURVEY AND PLAT MEET THE MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO. IN
WITNESS WHEREOF I HEREUNTO SET HAND AND AFFIX MY OFFICAL SEAL
PROPERTIES TO BE REPLATTED: LEGEND
THIS _________ DAY OF ______________, 2022.
THE FOREGOING REPLAT OF LOTS 14, BLOCK 2, OF THE WILDY'S ADDITION SUBDIVISION TO
THE CITY OF ROSWELL AS DESCRIBED BY DEED RECORDED IN BOOK 705, PAGE 512 OF THE - MONUMENT FOUND AS NOTED - OVERHEAD ELECTRIC
OFFICIAL RECORDS OF CHAVES COUNTY, NEW MEXICO. ________________________________________
LINE W/POLE
LUIS LANDAVERDE N.M.P.S. NO. 26407
SUBJECT TO RESERVATIONS, RESTRICTIONS, EASEMENTS OF RECORD AND IN OPEN VIEW - SET 1/2" REBAR W/GREEN CAP
AND CHAVES COUNTY PROPERTY TAXES. MARKED: "LANDAVERDE 26407" - PICKET FENCE
OR MAG NAIL
FLOOD ZONE: INDEXING INFORMATION FOR COUNTY CLERK
THIS PROPERTY IS IN FLOOD ZONE X as shown on the FEMA, Flood Insurance Rate Map,
- CHAIN LINK FENCE
Community-Panel Number: 35005C1370D, Map Effective: SEPTEMBER 25, 2009. - WATER METER
- CINDER BLOCK FENCE OWNERS: JAMES B. RIDGWAY & TINA DEVILLE, HUSBAND AND WIFE
NOTES: - GAS METER
1) LOCATIONS OF UTILITIES ARE BASED ON ABOVE GROUND PHYSICAL EVIDENCE AND/OR
ONE CALL MARKINGS.
- CONCRETE SECTION: SECTION 32, TOWNSHIP 10 S, RANGE 24 E
- ELECTRIC METER
2) RECORD AND FIELD MEASUREMENTS SIMILAR UNLESS OTHERWISE NOTED. - GRAVEL REFERENCE DOCUMENTS:
- WATER VALVE WILDY'S ADDITION SUBDIVISION (PLAT BOOK A, PAGE 20)
3) PER THIS PLAT, A BLANKET UTILITY EASEMENT IS CREATED ACROSS BOTH TRACTS FOR
THE SOLE BENEFIT OF TRACTS 14A & 14B.
- ASPHALT
ACREAGE:
BASIS OF BEARING: LOT 14A: 0.126 ACRES
BEARINGS SHOWN HEREON ARE GRID NORTH AND CONFORM TO THE NEW MEXICO VICINITY MAP LOT 14B: 0.068 ACRES
COORDINATE SYSTEM "NEW MEXICO EAST ZONE" NAD 1983 (2011) AS DERIVED FROM NOT TO SCALE
GPS/GNSS OBSERVATIONS. GRID TO GROUND SCALE FACTOR = 1.0002538864. DISTANCES TOTAL: 0.194 ACRES
ARE SURFACE VALUES.
CONCURRENCE: LT SURVEYING LLC
___________________________________________________ 1005 W. RAY AVE.
CABLE ONE DATE
ARTESIA, NM 88210
___________________________________________________ 575-840-8382
CENTURYLINK DATE
___________________________________________________
NEW MEXICO GAS COMPANY DATE
___________________________________________________
XCEL ENERGY DATE
Page 23 of 39
AGENDA ITEM F.2
City of Roswell Planning & Zoning Commission
Request for Zone Change: Zoning Case 22-032 ZOC
City of Roswell Planning & Zoning Commission Agenda
Tuesday, August 30, 2022
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
ACTION REQUESTED: Planning and Zoning Commission review Zoning Case 22-032 ZOC,
Request for approval of a Zone Change from C-2 Community
Commercial Zoning District to R-3 Residential Zoning District.
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 proposed Zone Change requires Planning & Zoning Commission
review.
BOARD OR
COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on
Zoning Case 22-032 ZOC.
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 vote to approve Zoning Case 22-032 ZOC at the August 30, 2022
public hearing.
Page 24 of 39
EXHIBIT A: 22-032 ZOC APPLICATION PAGE 1 OF 4
Page 25 of 39
EXHIBIT A: 22-032 ZOC APPLICATION PAGE 2 OF 4
Page 26 of 39
EXHIBIT A: 22-032 ZOC APPLICATION PAGE 3 OF 4
"WE ARE SEEKING A ZONE CHANGE FROM COMMERCIAL TO RESIDENTIAL. WE PUT
THE HOUSE ON THE MARKET AND OUR RENTER INFORMED US THAT B__ COULD
NOT OBTAIN A LOAN BECAUSE OF THE ZONE."
Page 27 of 39
EXHIBIT A: 22-032 ZOC APPLICATION PAGE 4 OF 4
UPC
4135062473513000000
Account Numbe-r
R003713
Owner
VILLEGAS REVOCABLE TRUST, ROMULO G
ROMULO G VILLEGAS-TTE
Owner Addreso;
PO BOX 2431 ROSWELL NM 88202
Site Address
1117 S PENNSYLVANIA AVE ROSWELL 88203
legal Oescnpt,on
Subd: ROSWELL HOMES REDIV Block: 1 Lot: 17
BK:825 PG:352 SWD
Page 28 of 39
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-032 ZOC
REQUEST FOR ZONE CHANGE FROM C-2 TO R-3
Roswell Planning & Zoning Commission
Tuesday, August 30, 2022
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
APPLICATION: CASE 22-032 ZOC:
Request for approval of a Zone Change from C-2 Community Commercial District to R-3
Residential Zoning District.
1. Property Under Consideration:
Property Address: 1117 S Pennsylvania Avenue
Legal Description: Subd: ROSWELL HOMES REDIV Block: 1 Lot: 17 BK:825 PG:352 SWD
Property Owner: Trustees of Romulo G. Villegas Revocable Trust
Applicant: Gabriel Villegas
II. Site Data:
Site Area: 7830.00 S.F (58’x135’)
UPC(s): 4135062473513000000
Existing Land Use: Residential House
Proposed Land Use: Residential House – To be able to sell as residential property and
buyer to secure residential loan.
Existing Zoning: Community Commercial C-2
Table 1: Adjacent Existing Land Use and Zoning to the property under consideration
Direction: Land Use: Zoning:
North Residential District R-3
South Residential Units – directly south C-2 south side of
Commercial west of alley to Main Street McGaffey Street
West Residential Units C-2
East Residential Unit adjacent. C-2
Commercial west of alley to Main Street
Page 29 of 39 PAGE 1 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-032 ZOC
REQUEST FOR ZONE CHANGE FROM C-2 TO R-3
Maps for 22-032 ZOC
Chaves County Assessor’s Map
City of Roswell Zoning Map
6.29.2019Google Earth Aerial
View
Page 30 of 39 PAGE 2 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-032 ZOC
REQUEST FOR ZONE CHANGE FROM C-2 TO R-3
III. Intent of Petition:
The property owner of 1117 S Pennsylvania Avenue is requesting approval of a Zone
Change from C-2 Community Commercial to R-3 Residential for the property that has an
existing residential single family home.
IV. Planning & Zoning Commission Considerations from Staff Review:
1. The property under consideration is located on the northeast corner of Pennsylvania
Avenue and McGaffey Street.
Staff Photo: Residential property under consideration for Zone Change from C-2 to R-3 at
1117 S Pennsylvania Avenue. House front door and driveway faces Pennsylvania Avenue.
2. The proposed Zone Change is compatible with the surrounding neighborhood and
prevailing single-family residential development on both sides of the 1100 block of S
Pennsylvania Avenue.
3. The residential property north of the property under consideration is zoned R-3, so
there is contiguous compatible residential zoning.
4. Even though the adjacent property to the east and the first two properties across
the street on the west side of Pennsylvania Avenue and north of McGaffey Street
are zoned C-2, these properties were built as residential dwelling units and are used
as residential dwellings.
Page 31 of 39 PAGE 3 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-032 ZOC
REQUEST FOR ZONE CHANGE FROM C-2 TO R-3
5. Because of orientation of the lot, the front yard setback is measured from the
property line parallel with McGaffey Street; therefore the interior side yard is
measured from the east property line.
6. The proposed Zone Change corresponds with municipal objectives to provide market
rate single-family housing units due to a severe shortage and urgent need.
Staff Photo: Adjacent Residential Dwelling east of the property under consideration for a
zone change. This house is on the north side of McGaffey Street and is zoned C-2.
Staff Photo: Properties across the street on the south side of McGaffey Street zoned C-2,
historically used as dwelling units.
Page 32 of 39 PAGE 4 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-032 ZOC
REQUEST FOR ZONE CHANGE FROM C-2 TO R-3
2019 Google Earth Street View: Showing the property under consideration for rezoning
from C-2 to R-3 on the northeast corner of McGaffey Street and Pennsylvania Avenue.
This photo shows the residential character and land development pattern of the 1100
Block of Pennsylvania Avenue.
7. The Community Development Department Staff and the City Engineer consider this
case a consistency Zone Change and support the request.
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. Notifications of the public hearing were 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.
Page 33 of 39 PAGE 5 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 22-032 ZOC
REQUEST FOR ZONE CHANGE FROM C-2 TO R-3
4. As of the time of this writing, the Planning & Zoning Office has received zero (0)
written protests, zero (0) verbal protests, and zero (0) inquiries.
5. City of Roswell Zoning Ordinance Article 3: Procedures, Amendments, and Changes
Section 9 contains the provisions for 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 and Subdivision Code, Staff
recommends:
Approval of Zoning Case 22-032 ZOC to grant a Zone Change from C-2 Community
Commercial to R-3 Residential for the property at 1117 S Pennsylvania 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 22-032 ZOC.
Page 34 of 39 PAGE 6 of 6
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR
ZONING CASE 22-032 ZOC
LETTER SENT VIA CERTIFIED MAIL ON AUGUST 12, 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 22-032 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 22-032 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 22-032 ZOC: Request for approval of a Zone Change from the C-2 Community Commercial
District to the R-3 Residential zoning district.
PROPERTY OWNERS: Villegas Revocable Trust
APPLICANT: Gabriel Villegas
PROPERTY LOCATION: 1117 S. Pennsylvania Avenue
LEGAL DESCRIPTION: Subd: ROSWELL HOMES REDIV Block: 1 Lot: 17 BK:825 PG:352 SWD
The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on
Date: TUESDAY, August 30, 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 or in person or online at the hearing. The information packet for this zoning case will be available
by 5 p.m., on Friday, August 26, 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. You may join the meeting through GoToMeeting from your computer, tablet or smartphone:
https://global.gotomeeting.com/join/518430445. You can also dial in using your phone.
United States: +1 (786) 535-3211 Access Code: 518-430-445. New to GoToMeeting? Get the app now and be
ready when your first meeting starts: https://global.gotomeeting.com/install/518430445
Respectfully,
Spencer Aiken (Area Map on Reverse Side )
Associate Planner
Page 35 of 39
EXHIBIT D: CASE 22-032 ZOC
CASE 22-032 ZOC: Request for approval of a Zone Change from the C-2 Community Commercial
District to the R-3 Residential zoning district at 1117 S. Pennsylvania Avenue.
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION
AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA
10 8
11 12 9 6 7
1
13 4 5
2 3
14 15
21
16 17 18 19
20
22
PROPERTY UNDER CONSIDERATION NOTIFICATION LETTERS SENT TO
FOR ZOC SURROUNDING PROPERTY
1117 S. Pennsylvania Avenue OWNERS
Page 36 of 39
EXHIBIT E: 22-032 ZOC – NOTIFICATION AREA ADDRESSES
1
VILLEGAS REVOCABLE TRUST
ROMULO G-ROMULO G VILLEGAS-TTE
PO BOX 2431
ROSWELL NM 88202
2
VILLEGAS REVOCABLE TRUST
ROMULO G-ROMULO G VILLEGAS-TTE
1117 S PENNSYLVANIA AVE
ROSWELL 88203
3
JORGE LUIS ROJAS PEREA
205 W MCGAFFEY ST
ROSWELL NM 88203
4
LOUIS ANGELOS JR
PAMELA JEAN ANGELOS
3314 HIGHLAND RD
ROSWELL NM 88201
5
LOUIS ANGELOS JR
PAMELA JEAN ANGELOS
201 W MC GAFFEY ST
ROSWELL NM 88203
6
JESUS JOSE MARTINEZ
PO BOX 98
HAGERMAN NM 88232
7
JESUS JOSE MARTINEZ
OR CURRENT OWNER
1114 S RICHARDSON AVE
ROSWELL NM 88203
Page 37 of 39
8
JOSE ANTONIO VILLAREAL FRIAS
ROSE MARIE GARCIA FRIAS & PRISCILLA GARCIA
1113 S PENNSYLVANIA AVE
ROSWELL NM 88203
9
JUAN CORONEL & MARIA CORONEL
1115 S PENNSYLVANIA AVE
ROSWELL NM 88203
10
BEN CALZADA & MANUELA CALZADA
1112 S PENNSYLVANIA AVE
ROSWELL NM 88203
11
MARTIN LARRY TORREZ III & CYNTHIA TORREZ
5388 W PINE LODGE RD
ROSWELL NM 88201
12
MARTIN LARRY TORREZ III & CYNTHIA TORREZ
OR CURRENT OWNER
1114 S PENNSYLVANIA AVE
ROSWELL NM 88203
13
MARTIN LARRY TORREZ III & CYNTHIA TORREZ
OR CURRENT OWNER
1116 S PENNSYLVANIA AVE
ROSWELL NM 88203
14
ISIDRA ZAVALA & MARIA ZAVALA
504 E HOBBS ST
ROSWELL NM 88203
Page 38 of 39
15
ISIDRA ZAVALA & MARIA ZAVALA
OR CURRENT OWNER
1118 S PENNSYLVANIA AVE
ROSWELL NM 88203
16 (VACANT LOT)
MARTY L III TORREZ & CYNTHIA TORREZ
212 W MC GAFFEY ST
ROSWELL NM 88203
17 (VACANT LOT)
MARTY L III TORREZ & CYNTHIA TORREZ
210 W MC GAFFEY ST
ROSWELL NM 88203
18
WILFREDO TRINIDAD
208 W MCGAFFEY ST
ROSWELL NM 88203
19
FEDERICO PARDO & OFELIA PARDO
503 CIELITO DR
ROSWELL NM 88201
20
FEDERICO PARDO & OFELIA PARDO
OR CURRENT OWNER
204 W MC GAFFEY ST
ROSWELL NM 88203
21
RICHARD WILES
PO BOX 1750
ARTESIA NM 88211
22
RICHARD WILES
1200 S RICHARDSON AVE
ROSWELL NM 88203
Page 39 of 39
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