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Planning & Zoning Commission

Regular Meeting

Roswell, NM · August 30, 2022

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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. 1 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. 2 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 3 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. 4 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. 5

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 1 Page 1 of 39 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, August 30, 2022 6:00 PM – 7:00 PM (MDT) Please join the meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/join/518430445 Help Desk – 575.500.0587 2 Page 2 of 39 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. 1 Page 3 of 39 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 Page 4 of 39 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 Page 5 of 39 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 Page 6 of 39 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 Page 7 of 39 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 Page 8 of 39 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 -------------------------- 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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