Planning & Zoning Commission
Regular MeetingRoswell, NM · May 23, 2023
Minutes
P&Z DRAFT REGULAR MEETING MINUTES
Roswell Planning & Zoning Commission
Tuesday, May 23, 2023 - 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
Merideth Hildreth, AICP
Miguel Martinez, CZO
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 23-01.
A. CALL TO ORDER AND WELCOME – Vice Chair James MacCornack
Chair Storey called to order the regular meeting of the Planning & Zoning Commission at
approximately 6:00 p.m.
B. ROLL-CALL
David Storey Absent
Jesse McDaniel Present
Saul Aguilar Present
Jana Lessard Absent
James MacCornack Present
Steve Henderson Present
Richard L. Gutierrez Present
Staff Members Present :
Merideth Hildreth, AICP, Planning and Zoning Administrator
Miguel Martinez, CZO, Associate Planner
Louis Najar, PE, City Engineer
Audience Members Present:
Todd Wagener, Tom Jennings, Terri Harber with RDR.
C. SWEARING IN: Steve Henderson swore in staff and members of the audience.
D. APPROVAL OF THE AGENDA
Consider approval of the May 23, 2023 Planning & Zoning Commission meeting
agenda . Commissioner Aguilar MOTIONED to approve the May 23, 2023 Planning &
Zoning Commission agenda as presented . SECONDED by Commissioner McDaniel .
A voice vote was as follows: Jesse McDaniel- yes, Saul Aguilar- yes, Steve
Henderson -yes, Richard Gutierrez- yes, James MacCornack- yes, the motion passed 5
– 0 with David Storey and Jana Lessard being absent.
E. APPROVAL OF MINUTES:
Consider approval of the April 25 , 2023 Planning & Zoning Commission meeting
minutes. Commissioner Henderson MOTIONED to accept the minutes of the April 25 ,
2023 Planning & Zoning Commission meeting as presented. SECONDED by
Commissio ner McDaniel . A voice vote was as follows: Jesse McDaniel-yes, Saul
Aguilar-yes, Steve Henderson-yes, Richard Gutierrez-yes, James MacCornack-yes,
the motion passed 5 – 0 with David Storey and Jana Lessard being absent.
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F. PUBLIC HEARING ITEMS:
Vice Chair MacCornack introduced Case 23-005 ZOC, 23-006 PPLAT, 23-006
FPLAT.
Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and
land use and zoning considerations with respect to case 23-005 ZOC. SECONDED
by Commissioner Henderson . A voice vote was as follows: Jesse McDaniel-yes, Saul
Aguilar-yes, Steve Henderson-yes, Richard Gutierrez-yes, James MacCornack-yes,
the motion passed 5 – 0 with David Storey and Jana Lessard being absent.
Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and
land use and zoning considerations with respect to case 23-006 PPLAT. SECONDED
by Commissioner Aguilar. A voice vote was as follows: Jesse McDaniel-yes, Saul
Aguilar-yes, Steve Henderson-yes, Richard Gutierrez-yes, James MacCornack-yes,
the motion passed 5 – 0 with David Storey and Jana Lessard being absent.
Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and
land use and zoning considerations with respect to case 23-006 FPLAT. SECONDED
by Commissioner Henderson. A voice vote was as follows: Jesse McDaniel-yes, Saul
Aguilar-yes, Steve Henderson-yes, Richard Gutierrez-yes, James MacCornack-yes,
the motion passed 5 – 0 with David Storey and Jana Lessard being absent.
1. CASE 23-005 ZOC: Request to change zoning district from R-3 Residential to R-4
Residential to build Type D Townhomes (three or more townhouses with common
walls). Location: South side of 800 to 1100 Blocks of E Country Club Road. Subd:
TRACT 2 of Country Club Mobile Home Park Summary Plat and the E 300 ft of the
N 200 ft of Lot 1 of Military Heights Subd. (Property Owner: Phillip & Nicole
Shackelford; Agent: Wagener Engineering).
Ms. Merideth Hildreth : Presented Case 23-005 ZOC, Case 23-006 PPLAT, Case 23-
006 FPLAT with slide presentation. The Comprehensive Plan Preferred Land Use
Scenario Map indicates high density residential for the area. Townhomes with one
common wall/property line area allowed in R-3. Townhomes with more than one one
common wall/property line area allowed in R-4. This is the reason for the request for
zone change to R-4. Based on land use and zoning considerations, findings of fact,
surrounding land uses, and regulations established in the Zoning Ordinance, Staff
recommends approval of the zone change from R-3 to R-4.
2. CASE 23-006 PPLAT: Request to approve Preliminary Plat to develop an eighteen
lot Townhouse Subdivision. Location: South side of 800 to 1100 Blocks of E Country
Club Road. Subd: TRACT 2 of Country Club Mobile Home Park Summary Plat and
the E 300 ft of the N 200 ft of Lot 1 of Military Heights Subd. (Property Owner: Phillip
& Nicole Shackelford; Agent: Wagener Engineering).
Ms. Merideth Hildreth: Case 23-006 PPLAT Preliminary Plat for Goddard Ridge Estates,
is the same properties as the zone change. The slide presentation and Planning and
Zoning Commission Packet showed an excerpt from the Goddard Ridge Estates Site /
Grading Plan by Wagener Engineering showing 18 townhomes on 18 lots. Based on
land use and zoning considerations, findings of fact, surrounding land uses, and
regulations established in the Zoning Ordinance and Subdivision Code, Staff
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recommendations, and materials provided, Staff recommends approval of the 23-006
PPLAT Preliminary Plat for Goddard Ridge Estates.
3. CASE 23-006 FPLAT: Request to approve Final Plat to develop an eighteen lot
Townhouse Subdivision. Location: South side of 800 to 1100 Blocks of E Country
Club Road. Subd: TRACT 2 of Country Club Mobile Home Park Summary Plat and
the E 300 ft of the N 200 ft of Lot 1 of Military Heights Subd. (Property Owner: Phillip
& Nicole Shackelford; Agent: Wagener Engineering).
Ms. Merideth Hildreth: Case 23-006 PPLAT Final Plat for Goddard Ridge Estates, slide
presentation and Planning and Zoning Commission Packet showed an excerpt from the
Goddard Ridge Estates Final Plat. There will only be two access points from Country
Club Road to the Subdivision. The 18 townhouses will have garages in the back and a
private drive paralleling Country Club on the front for visitor parking and deliveries.
Based on land use and zoning considerations, findings of fact, surrounding land uses,
and regulations established in the Zoning Ordinance and Subdivision Code, Staff
recommendations, and materials provided, Staff recommends Planning and Zoning
Commission recommend approval of the 23-006FPPLAT Final Plat for Goddard Ridge
Estates to City Council.
Commissioner He nderson : asked questions about road improvements on Country Club.
Mr. Najar C ommented: The property on the north side of Country Club zoned R-S Rural
Suburban is not likely to remain R-S in the future. The zone change to R-4 Residential
supports the growth of the City of Roswell. The civil engineer and the developer met with
Engineering and Planning & Zoning staff and went over the plans. Country Club has a
48” storm drain in the center of the roadway that drains to the railroad ditch to the east.
No road improvements of Country Club Road will be required.
Vice Chair MacCornack : Is there anyone wishing to speak in favor of Case 23-005 ZOC,
23-006 PPLAT, 23-006 FPLAT?
In Favor:
Todd Wagener, Wagener Engineering, Agent for the Property Owner/Developer: The
townhome facades will be brick and stucco. Each unit will have a different texture so they
will look different from each other. There will be two sets of two townhouses and two sets
of five townhouses in the 18 townhouse development. The plan is to build east to west
which will include the east driveway and detention pond and the first four units. The plan
is to continue to develop the lots going west with five units, another five units, and four
units. There are grading and utility plans.
Vice Chair MacCornack : Is there anyone wishing to speak against Case 23-005 ZOC?
Chair Henderson swore in Thomas Jennings.
Thomas Jennings: Stated he is not here to speak in favor for or in opposition. Mr.
Jennings made comments and asked questions. Mr. Jennings questioned why the
notification area doesn’t cover a larger radius. He said he did not like the layout for the
proposed plans and the public have a right to know what is going on in our city.
Motion – 23-005 ZOC
Based on the land use and zoning considerations, findings of fact , surrounding land uses,
regulations esta blished in the Zoning Ordinance, testimony received this evening, and
determination of zone change, Commissioner Aguilar MOTIONED to approve Zoning Case
23-005 ZOC.
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SECONDED by Commissioner McDaniel .
A voice vote was as follows: A voice vote was as follows: Jesse McDaniel-yes, Saul Aguilar-
yes, Steve Henderson-yes, Richard Gutierrez-yes, James MacCornack-yes, the motion
passed 5 – 0 with David Storey and Jana Lessard being absent.
Motion – 23-006 PPLAT
Based on the land use and zoning considerations, findings of fact, surrounding land uses,
regulations established in the Zoning Ordinance and and testimony received this evening,
Commissioner Henderson MOTIONED to approve Zoning Case 23-006 PPLAT Preliminary
Plat.
SECONDED by Commissioner Gutierrez .
A voice vote was as follows: Jesse McDaniel-yes, Saul Aguilar-yes, Steve Henderson-yes,
Richard Gutierrez-yes, James MacCornack-yes, the motion passed 5 – 0 with David Storey
and Jana Lessard being absent.
Motion – 23-006 FPLAT
Based on the land use and zoning considerations, findings of fact, surrounding land uses,
regulations established in the Zoning Ordinance and Subdivision Code , and testimony
received this evening, Commissioner Aguilar MOTIONED to recommend approval of Zoning
Case 23-00 6 FPLAT to City Council.
SECONDED by Commissioner McDaniel .
A voice vote was as follows: Jesse McDaniel-yes, Saul Aguilar-yes, Steve Henderson-yes,
Richard Gutierrez-yes, James MacCornack-yes, the motion passed 5 – 0 with David Storey
and Jana Lessard being absent.
G. OTHER BUSINESS
1. Planning & Zoning Commission to provide findings and determination for
approval of CASE 23-003 ZOC a zone change from R-3 to C-4 at the April 25,
2023 public hearing. Case has been appealed to City Council. 23-003 ZOC:
Request for change of zoning district from R-3 Residential to C-4 Commercial
Business District at 107 N Kentucky Avenue. Subd: WEST SIDE Block: 48
Lot: 11 (BOUNDARY SURVEY S27-96) BK: 788 PG: 342 WDJT (Applicant:
James P. Cheney & Bianca R Cheney).
Ms. Merideth Hildreth : The City’s legal counsel requested Staff bring this item to the Planning
and Zoning Commission for a written determination for Case 23-003 ZOC Zone Change that the
P&Z Commission heard in April 2023. The Planning & Zoning Commission approved 23-003
ZOC a zone change from R-3 to C-4 at the April 25, 2023 public hearing. The case was
appealed to City Council. Planning & Zoning Commission is requested to render and
administrative written determination to clarify its decision based on items and testimony
presented at the public hearing on April 25, 2023. The written determination will accompany an
appeal to City Council. The minutes and Staff Summary B from the April meeting are in the P&Z
packet.
The Planning & Zoning Commission members discussed the item and decided not to take
action.
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Commissioner Henderson: I believe Legal Counsel can read the minutes from the meeting, the
motions that were made and that should be sufficient. If Legal Counsel wants to submit
something to the Commission, the Commission will look at it.
Vice Chair MacCornack: Agreed with Commissioner Henderson. The minutes summarized last
month’s meeting. This is not a public hearing item, so we are not taking new evidence or new
testimony. The Commission has not provided additional information on past zoning cases and
that has always been sufficient before and does not see what new information the Commission
can provide now.
Commissioner McDaniel: City Council should determine.
Mr. Wagener : In the past the Commission would specify the Finding of Facts by bullet point for
the minutes.
Commissioner McDaniel: Stated he thinks the minutes speak for themselves. Tonight, the
Commission voted to approve the minutes. In lieu of producing an additional document,
Commissioner McDaniel suggested let the minutes stand as a record of the Planning & Zoning
Commission’s decisions. As Mr. Wagener pointed out, the Findings of Fact are listed in the
minutes.
Mr. Martinez: The Commission approved the minutes with the Findings of Fact in the original
case. Moving forward, Staff will provide the Decision Letter to City Council with the appeal.
Note: This information was provided to the Commission on the dais.
Base Written Determination on language from the Miller Rule and City Zoning
Ordinance:
Miller Rule . (Miller v. City of Albuquerque, 1976-NMSC-052…)
[S]how that either there was a mistake in the original zoning or that a substantial change
has occurred in the character of the neighborhood since the original zoning to such an
extent that the reclassification or change ought to be made.
City of Roswell Zoning Ordinance Section 9. Zone Changes
d. The Planning and Zoning Commission shall decide whether or not to approve a
request for a zone change. In its deliberations, the planning and zoning commission shall
not approve a zone change unless it finds it conforms to the city’s land use plan, is in the
public interest, and is not solely in the interest of the applicant.
H. PUBLIC COMMENTS
I. ANNOUNCEMENTS
J. ADJOURN
Vice Chair MacCornack adjourned the meeting at 6:51 p.m.
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Agenda
City of Roswell Planning & Zoning Commission Agenda
Tuesday, May 23, 2023 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:
Acting CD Director/ Planning & Zoning Administrator Merideth Hildreth, AICP
Associate Planner; Miguel Martinez, CZO
City Engineer; Louis Najar, P.E.
A. Call to Order
B. Roll-Call
C. Swearing In
D. Approval of the Agenda:, May 23, 2023 Agenda
E. Approval of Minutes: April 25, 2023 P&Z Regular Meeting Minutes
F. Public Hearing Items
1. CASE 23-005 ZOC: Request to change zoning district from R-3 Residential to R-4
Residential to build Type D Townhomes (three or more townhouses with common
walls). Location: South side of 800 to 1100 Blocks of E Country Club Road. Subd:
TRACT 2 of Country Club Mobile Home Park Summary Plat and the E 300 ft of the N
200 ft of Lot 1 of Military Heights Subd. (Property Owner: Phillip & Nicole
Shackelford; Agent: Wagener Engineering).
2. CASE 23-006 PPLAT: Request to approve Preliminary Plat to develop an eighteen lot
Townhouse Subdivision. Location: South side of 800 to 1100 Blocks of E Country
Club Road. Subd: TRACT 2 of Country Club Mobile Home Park Summary Plat and the
E 300 ft of the N 200 ft of Lot 1 of Military Heights Subd. (Property Owner: Phillip &
Nicole Shackelford; Agent: Wagener Engineering).
3. CASE 23-006 FPLAT: Request to approve Final Plat to develop an eighteen lot
Townhouse Subdivision. Location: South side of 800 to 1100 Blocks of E Country
Club Road. Subd: TRACT 2 of Country Club Mobile Home Park Summary Plat and the
E 300 ft of the N 200 ft of Lot 1 of Military Heights Subd. (Property Owner: Phillip &
Nicole Shackelford; Agent: Wagener Engineering).
G. Other Business
1. Planning & Zoning Commission to provide findings and determination for approval of
CASE 23-003 ZOC a zone change from R-3 to C-4 at the April 25, 2023 public hearing.
Case has been appealed to City Council. 23-003 ZOC: Request for change of zoning
district from R-3 Residential to C-4 Commercial Business District at 107 N Kentucky
Avenue. Subd: WEST SIDE Block: 48 Lot: 11 (BOUNDARY SURVEY S27-96) BK: 788 PG:
342 WDJT (Applicant: James P. Cheney & Bianca R Cheney).
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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 23-01.
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.
Printed and posted: May 19, 2023
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P&Z DRAFT REGULAR MEETING MINUTES
Roswell Planning & Zoning Commission
Tuesday, April 25, 2023 - 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
Merideth Hildreth, AICP
Miguel Martinez, CZO
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 23-01.
A. CALL TO ORDER AND WELCOME – Chair David Storey
Chair Storey called to order the regular meeting of the Planning & Zoning Commission
at approximately 6:01 p.m.
B. ROLL-CALL
David Storey Present
Jesse McDaniel Present
Saul Aguilar Absent
Jana Lessard Present
James MacCornack Present
Steve Henderson Present
Richard L. Gutierrez Present
Staff Members Present:
Miguel Martinez, CZO, Associate Planner
Louis Najar, PE, City Engineer
Jeff Bechtel, IT
Audience Members Present:
Tom Jennings, Terri Harber with Roswell Daily Record, Kaarina Jager, Michael Dorr,
Maribeth Dorr, Anthony Casarez, Michael Casarez, Andrew Kovach, JP Cheney, Gloria
Salayandia.
C. SWEARING IN: Steve Henderson swore in staff and members of the audience.
D. APPROVAL OF THE AGENDA
Consider approval of the April 25, 2023 Planning & Zoning Commission meeting
agenda. Commissioner Lessard MOTIONED to approve the Tuesday, April 25,
2023 Planning & Zoning Commission agenda as presented. SECONDED by
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Commissioner McDaniel. A voice vote was as follows: Jesse McDaniel-yes,
James MacCornack- yes, Jana Lessard- yes, Steve Henderson- yes, Richard
Gutierrez- yes, David Storey, - yes, the motion passed 6 – 0 with Saul Aguilar
being absent.
E. APPROVAL OF MINUTES:
Consider approval of the March 28, 2023 Planning & Zoning Commission
meeting minutes. Commissioner Henderson MOTIONED to approve the
minutes of the March 28, 2023 Planning & Zoning Commission meeting as
presented. SECONDED by Commissioner McDaniel. A voice vote was as follows:
Jesse McDaniel-yes, Jana Lessard- yes, Steve Henderson- yes, Richard
Gutierrez- yes, David Storey, - yes, the motion passed 5 – 0 with James
MacCornack recusing themselves and Saul Aguilar being absent.
F. PUBLIC HEARING ITEMS:
1. CASE 23-003 ZOC: Request for change of zoning district from R-3 Residential
to C-4 Commercial Business District at 107 N Kentucky Avenue. Subd: WEST
SIDE Block: 48 Lot: 11 (BOUNDARY SURVEY S27-96) BK: 788 PG: 342 WDJT
(Applicant: James P. Cheney & Bianca R Cheney).
Chair Storey introduced Case 23-003 ZOC
Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and
land use and zoning considerations with respect to case 23-003 ZOC. SECONDED by
Commissioner Lessard. A voice vote was as follows: Jesse McDaniel-yes, James
MacCornack- yes, Jana Lessard- yes, Steve Henderson- yes, David Storey, - yes, the
motion passed 6 – 0 with Saul Aguilar being absent.
Mr. Miguel Martinez: Presented Case 23-003 ZOC a request for a zone change at
107 N Kentucky Avenue from R-3 Residential to C-4 Community Commercial.
Property is currently a vacant lot. Changing to a C-4 would allow the lot to be utilized
as a parking lot as a use by right. R-3 currently required to have Special Use Permit
to use property as a primary parking lot.
Chair Storey: Is there anyone wishing to speak in favor of Case 23-003 ZOC?
In Favor:
Gloria Salayandia: I have no problem with the zone change. I would like to see this
property held to the same standard as mine is being held by the city.
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Kaarina Jager: I drive by the property and I would like to see some development on
the property besides just a parking lot. Will there be landscaping or improvements
to sidewalks?
Chair Storey: Louis, are there any requirements for the parking lot? Have any plans
been submitted at this time?
Mr. Louis Najar: I haven’t seen any plans at this time. I’ve been working with
Merideth on Ms. Salayandia’s property to get her property cleaned up and brought
into compliance. Ms. Salayandia’s property will also be a parking lot.
Chair Storey: Does that include any landscaping or asphalt parking lot?
Mr. Najar: It does require asphalt or improved parking lot. Employee parking does
not require ADA parking. If the parking lot does service customers, then it will
require ADA parking.
Chair Storey: Is there anyone wishing to speak against Case 23-003 ZOC?
Against:
Tom Jennings: This is a historic district and a transition area from commercial to
residential. There used to be a house on this property, now it’s a vacant lot. This is a
residential property. They want to make it commercial. I object to that. The property
is full of weeds and currently has a roll off container on site. I ask that you table this
so the neighborhood association can have a meeting to discuss this further.
Commissioner Henderson: I’d like to hear from JP Cheney how he plans to address
the concerns mentioned by Mr. Jennings.
Note: Steve Henderson swears in JP Cheney
JP Cheney: I bought the property on 107 N Kentucky Ave to expand my business.
The property had two houses on the property and were in terrible condition. I have
used base course on the property to level the property. There are two trees and a
honeysuckle on the property currently being maintained. The curb and gutters are
in the same condition as when I bought the property. Future plans include installing
new curb and gutter. I will work with landscaping requirements. The trees are
pecan trees and are currently producing pecans. As far as the parking lot goes, I will
submit plans at a later time.
Chair Storey: Are there going to be any accessory buildings for storage?
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JP Cheney: All we have on the property right now is a freight container that was
holding some stuff during construction for our previous addition. The container is
being utilized on a daily basis.
Chair Storey: Is that the only structure you plan on having on the property?
JP Cheney: Yes
Commissioner Lessard: What about the semi truck? Will you be utilizing the new
parking lot for the semi truck to make deliveries.
JP Cheney: Now that Ms. Salayandia is putting up a fence on her property, I will
have to have my deliveries come through the alley. I’ve started looking into making a
concrete pad for my deliveries.
Commissioner McDaniel: The proposed parking lot is strictly for employees only?
JP Cheney: Yes, for employees only.
Motion – 23-003 ZOC
Based on the land use and zoning considerations, findings of fact, surrounding land
uses, regulations established in the Zoning Ordinance, and testimony received this
evening, Commissioner Henderson MOTIONED to approve Zoning Case 23-003 ZOC.
SECONDED by Commissioner MacCornack.
A voice vote was as follows: Jesse McDaniel - yes, James MacCornack - yes, Jana
Lessard - yes, Steve Henderson - yes, Richard Gutierrez – yes, David Storey, - yes, the
motion passed 6 – 0 with Saul Aguilar being absent.
2. CASE 23-004 CANN: Request for approval of a Variance to residential
distance requirements, Variance to C-1 locational prohibitions, Zone Change
to CCAN, and Conditional Use Permit to operate an adult use retail cannabis
establishment (recreational and medical) with existing press lab located at
711 N Union Avenue. Subd: RIVERSIDE HEIGHTS BLK 24 Block: 24 Lot: 13 W
80' AND:- Lot: 14 W 80' , Quarter: SW S: 32 T: 10S R: 24E DOC# 202002694
REC(M) (Appliciant: Press Lab Inc).
Chair Storey introduced Case 23-004 CANN
Commissioner Henderson MOTIONED to waive the reading of the findings of fact
and land use and zoning considerations with respect to case 23-004 CANN.
SECONDED by Commissioner McDaniel. A voice vote was as follows: Jesse McDaniel-
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yes, James MacCornack- yes, Jana Lessard- yes, Steve Henderson- yes, David Storey,
- yes, the motion passed 6 – 0 with Saul Aguilar being absent.
Mr. Miguel Martinez: Presented Case 23-004 CANN is a request for approval of a
Variance to residential distance requirements, Variance to C-1 locational
prohibitions, Zone Change to CCAN, and Conditional Use Permit to operate
an adult use retail cannabis establishment (recreational and medical) with
existing press lab located at 711 N Union Avenue. Mr. Casarez is looking to
expand his existing business that was established before our cannabis
ordinance to allow for a dispensary.
Commissioner Henderson: Is the business now zoned for growing
cannabis?
Mr. Martinez: No, the current zoning C-1 district does not currently allow for
growing cannabis.
Commissioner McDaniel: If this passes, will the parking lot need to be
refurbished?
Mr. Martinez: Yes
Chair Storey: Is there anyone wishing to speak in favor of Case 23-004 CANN?
In Favor:
Anthony Casarez: We have been working on this property to bring it up to code
and convert it for manufacturing cannabis products.
Chair Storey: Is the making of edibles permitted in the city?
Mr. Martinez: Yes, only under the designated zoning district. What makes this case
interesting is that this business was established before we adopted the cannabis
ordinance.
Mr. Casarez: We were manufacturing for medical purposes.
Chair Storey: Is there anyone wishing to speak against Case 23-004 CANN?
None
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Motion – 23-004 CANN
Based on the land use and zoning considerations, findings of fact, surrounding land
uses, regulations established in the Zoning Ordinance, and testimony received this
evening, Commissioner MacCornack MOTIONED to pass Zoning Case 23-004 CANN to
City Council without recommendation. SECONDED by Commissioner McDaniel.
A voice vote was as follows: Jesse McDaniel - yes, James MacCornack - yes, Jana
Lessard - yes, Steve Henderson - yes, Richard Gutierrez – yes, David Storey, - yes, the
motion passed 6 – 0 with Saul Aguilar being absent.
G. OTHER BUSINESS
None.
H. PUBLIC COMMENTS
None.
I. ANNOUNCEMENTS
None.
J. ADJOURN
Chair Storey adjourned the meeting at 6:55 p.m.
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AGENDA ITEM F.1
City of Roswell Planning & Zoning Commission
Zoning Case 23-005 ZOC
City of Roswell Planning & Zoning Commission Agenda
Tuesday, May 23, 2023
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
ACTION REQUESTED: Planning and Zoning Commission review and approve
a Zone Change from R-3 Residential to R-4 Residential
to build Type D Townhomes at the south side of the
800 block to 1100 block of E Country Club Rd.
BACKGROUND: Prepared by:
Merideth Hildreth, AICP, 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 23-005 ZOC.
STAFF RECOMMENDATION: Based upon the Land Use and Zoning
Considerations, Findings of Fact, Staff
Recommendation, and materials provided, the
Planning & Zoning Commission is requested to
review, introduce a motion, and vote to approve
Zoning Case 23-005 ZOC at the May 23, 2023 public
hearing.
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EXHIBIT A 23-005 ZOC: APPLICATION FOR ZONE CHANGE
23-005 ZOC 5-23-2023 X
X X
X
X NOTE: 23-006 PPLAT & 23-006 FPLAT
SAME PROPERTY AS 23-005 ZOC
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EXHIBIT B
STAFF SUMMARY FOR CASE: 23-005 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
Roswell Planning & Zoning Commission
Tuesday, May 23, 2023
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
CASE 23-005 ZOC: Request for approval of a Zone Change from R-3 Residential to R-4
Residential District to build 18 Townhomes.
1. Property Under Consideration:
Property Address: 800-1100 Blocks of E Country Club Road (south side)
Legal Description: Subd: MILITARY HEIGHTS Lot: 1 E 300' N 200' Quarter: NE
S: 28 T: 10S R: 24E DOC# 202302895 WDJT
Subd: COUNTRY CLUB MOBILE HOME PARK SUMMARY
PLAT Tract: 2 S: 28 T: 10S R: 24E DOC# 202302886 WDJT
Property Owner: Phillip Shackelford & Nicole Shackelford
Applicant: Wagener Engineering
II. Site Data:
Site Area: 1.377 acres (59,982.12 sf) & 2.1476 acres (93,549.456 sf)
UPC(s): 4136060380015000000 & 4136060420015000000
Existing Land Use: Undeveloped
Proposed Land Use: 18 townhouses with more than one common
wall/property line of each side.
Existing Zoning: Residential R-3
Table 1: Adjacent Existing Land Use and Zoning to the property under consideration
Direction: Land Use: Zoning:
North Goddard High School, Place of Worship & Undeveloped Land INST, R-1,
owned by Place of Worship, Residential R-S, R-3
South Undeveloped Residential Land, Athletic Fields R-3, INST
West Undeveloped Residential Land, Athletic Fields R-3, INST
East Paradise Greens Manufactured Home Park MHC
11 of 54 PAGE 1 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-005 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
Maps for 23-005 ZOC
Chaves County Assessor’s Map
City of Roswell Zoning Map
12 of 54 PAGE 2 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-005 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
III. Intent of Petition:
The applicant for Zoning Case 23-005 ZOC is requesting approval of a Zone
Change from R-3 Residential to R-4 Residential District for 3.5 acres on the
south side of E Country Club Road in the 800-1100 Blocks for purposes of
developing 18 Townhouses.
Excerpt from Goddard Ridge Estates Site/Grading Plan by Wagener Engineering
showing layout of 18 townhouses and configuration of development.
IV. Planning & Zoning Commission Considerations from Staff Review:
1. The property under consideration is located on the south side of E
Country Club Rd in the 800 to 1100 Blocks.
View of property looking west from Paradise Greens Mobile Home Park.
13 of 54 PAGE 3 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-005 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
2. The property under consideration is contiguous to an undeveloped
portion of a lot zoned R-3 Residential District. The surrounding area
consists of a mobile home/manufactured home park to the east, Goddard
High School ball field to the west, a place of worship, residential, Goddard
High School, and 9.375 acres of undeveloped land on the north side of E
Country Club Road.
3. Country Club Road is classified as a minor arterial street. The
development will have only 2 access points to Country Club Road.
Townhouse garages and parking will be located on the south side of the
lots, and a private drive parallel with Country Club Road will provide
access to the homes for visitors and deliveries.
4. A zone change from R-3 to R-4 is compatible with the surrounding area.
The Zoning Ordinance allows two types of townhome development
according to the zoning district. The R-4 district allows 2 or more attached
townhomes. The R-3 district only allows 2 townhomes to be attached.
a. R-4: Zoning Ordinance Article 50: Development Standards Section 2.
Residential Districts D. “Townhouse structures with more than one
common wall / property line on each side.”
b. R-3: Zoning Ordinance Article 50: Development Standards Section 2.
Residential Districts B. Townhouse structures with one common wall /
property line on one side and a 5 foot side yard setback on the
opposite side.
5. The townhouse development will look similar to developments in Lubbock,
see photos from applicant below.
14 of 54 PAGE 4 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-005 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
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 one (1) inquiry.
5. City of Roswell Zoning Ordinance Article 3: Procedures, Amendments, and
Changes; Section 9. Zone Changes contains the provisions for Zone
Changes.
15 of 54 PAGE 5 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-005 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
6. Zoning Ordinances Article 14: R-2 Residential District and Article16: R-3
Residential District contains provisions for the property’s current zoning
and allows for Townhouse B.
7. Zoning Ordinance Article 18: R-4 Residential District contains provisions for
the requested zoning district for the property under consideration and
allows for Townhouse B and Townhouse D.
8. The 2016 Comprehensive Master Plan Preferred Land Use Scenario Map
(excerpt below) indicates the lots under consideration as high density
residential. High density is considered approximately 15 dwelling units per
net acre.
9. Based upon review of the 2016 Comprehensive Master Plan and 2016
Affordable Housing Plan and need for all types of housing, staff has
determined that approval of Zoning Case 23-005 ZOC is in the interest of
the community, will have a positive impact as residential infill development
on currently undeveloped land, and will provide housing options by adding
new housing to the aging housing stock (85.8% built prior to 1990).
16 of 54 PAGE 6 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-005 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO R-4
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 23-005 ZOC to grant a Zone Change from R-3
Residential to R-4 Residential District at the 800-1100 blocks of E Country Club
Road.
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 23-005 ZOC.
17 of 54 PAGE 7 of 7
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS OF
ZONING CASES 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
LETTER SENT VIA CERTIFIED MAIL ON MAY 5, 2023 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 CASES 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
Dear Property Owner:
You have received this notice via certified mail because Chaves County Assessor information indicates
you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Cases 23-005
ZOC, 23-006 PPLAT, and 23-006 FPLAT. This notice informs you of an upcoming public hearing before
the City of Roswell Planning and Zoning Commission regarding these Zoning Cases for the following
property.
DESCRIPTION OF ZONING APPLICATION REQUEST:
CASE 23-005 ZOC: Request for change of zoning district from R-3 Residential to R-4 Residential.
CASE 23-006 PPLAT: Request to approve Preliminary Plat to develop an 18-lot Townhouse Subdivision.
CASE 23-006 FPLAT: Request to approve Final Plat to develop an 18-lot Type D Townhouse Subdivision.
PROPERTY OWNER: Phillip Shackelford and Nicole Shackelford
APPLICANT AGENT: Wagener Engineering
PROPERTY LOCATION: 800-1100 Blocks of East Country Club Road (south side of street)
LEGAL DESCRIPTION: Subd: COUNTRY CLUB MOBILE HOME PARK SUMMARY PLAT TRACT 2 and
Subd: MILITARY HEIGHTS Lot: 1 E 300 ft of the N 200 ft.
The City of Roswell Planning and Zoning Commission will hear public comments on the above
zoning cases on Date: TUESDAY, May 23, 2023 at 6:00 p.m. in Meeting Room A of the Roswell
Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated,
to comment either in writing to our office, in person, or online at the hearing.
To be considered, written protests must be submitted to and received by the Planning and Zoning Office no
later than noon on the working day prior to the Planning and Zoning Commission meeting. Written
comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to:
City of Roswell, Planning & Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to
m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office.
The information packet for these zoning cases will be available no later than 5:00 p.m., on Friday, May 19,
2023, 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 in the Roswell Development Services Office at 500 N Main Street, Suite 100. 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://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language
interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting,
please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as
possible. Public documents including the agenda and minutes can be provided in various accessible formats.
Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed.
Respectfully,
Merideth Hildreth, AICP
Planning & Zoning Administrator 18 of 54 (Area Map on Reverse Side ➔)
EXHIBIT D: AREA NOTIFICATION MAP
CASE 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
CASE 23-005 ZOC: Request for change of zoning district from R-3 Residential to R-4
Residential to develop Type D Townhomes
CASE 23-006 PPLAT: Request to approve Preliminary Plat to develop an 18-lot Type D
Townhouse Subdivision
CASE 23-006 FPLAT: Request to approve Final Plat to develop an 18-lot Type D
Townhouse Subdivision
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND
PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA
3 4 5
1 2
7 6
PROPERTY UNDER CONSIDERATION
800 TO 1100 BLOCKS E COUNTRY CLUB ROAD
NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION
AREA
19 of 54
EXHIBIT E: NOTIFICATION AREA ADDRESSES
CASE 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
1&2
PHILLIP SHACKELFORD
NICOLE SHACKELFORD
4801 ANTELOPE RUN
ROSWELL NM 88201
TODD WAGENER
WAGENER ENGINEERING
1401 N MISSOURI AVE
ROSWELL NM 88201
3
ROSWELL ISD
ADMINISTRATION
P O BOX 1437
ROSWELL NM 88202-1437
GODDARD HIGH SCHOOL
ATT: ADMINISTRATION
701 E COUNTRY CLUB RD
ROSWELL NM 88201
4 (DEVELOPED) & 5 (UNDEVELOPED)
CENTRAL CHURCH OF THE NAZARENE OF ROSWELL
901 E COUNTRY CLUB RD
ROSWELL NM 88201
6
PARADISE GREENS LLC
3000 CALLE DEL NORTE
LAS CRUCES, NM 88005
PARADISE GREENS LLC
ATT: OFFICE
1200 E COUNTRY CLUB RD
ROSWELL NM 88201
7 (BALL FIELDS)
BOARD OF EDUCATION
ROSWELL MUNICIPAL SCHOOL DISTRICT NO 1
P O BOX 1437
ROSWELL NM 88202-1437
1
20 of 54
AGENDA ITEM F.2
City of Roswell Planning & Zoning Commission
Zoning Case 23-006 PPLAT
City of Roswell Planning & Zoning Commission Agenda
Tuesday, May 23, 2023
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
ACTION REQUESTED: Planning and Zoning Commission review and approve
a Preliminary Plat to develop an eighteen lot Type D
Townhouse Subdivision in the 800 block to 1100 block
on the south side of E Country Club Road.
BACKGROUND: Prepared by:
Merideth Hildreth, AICP, 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 23-006 PPLAT.
STAFF RECOMMENDATION: Based upon the Land Use and Zoning
Considerations, Findings of Fact, Staff
Recommendation, and materials provided, the
Planning & Zoning Commission is requested to
review, introduce a motion, and vote to approve
Zoning Case 23-006 PPLAT at the May 23, 2023
public hearing.
21 of 54
EXHIBIT A 23-006 PPLAT: APPLICATION FOR PRELIMINARY PLAT
23-006 PPLAT 5-23-2023 X
X YES
R-3 UNDEVELOPED
25' 0' COMMON 5' EXTERIOR WALL
20'
X
X
X NOTE: 23-005 ZOC REQUEST R-3 TO R-4
22 of 54
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 PPLAT
REQUEST TO APPROVE A PRELIMINARY PLAT: GODDARD RIDGE ESTATES
Roswell Planning & Zoning Commission
Tuesday, May 23, 2023
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
CASE 23-006 PPLAT: Request to approve Preliminary Plat to develop an eighteen lot
Type D Townhouse Subdivision (three or more townhouses with common walls).
1. Property Under Consideration:
Property Address: 800-1100 Blocks of E Country Club Road (south side)
Legal Description: Subd: MILITARY HEIGHTS Lot: 1 E 300' N 200' Quarter: NE
S: 28 T: 10S R: 24E DOC# 202302895 WDJT
Subd: COUNTRY CLUB MOBILE HOME PARK SUMMARY
PLAT Tract: 2 S: 28 T: 10S R: 24E DOC# 202302886 WDJT
Property Owner: Phillip Shackelford & Nicole Shackelford
Applicant: Wagener Engineering
II. Site Data:
Site Area: 1.377 acres (59,982.12 sf) & 2.1476 acres (93,549.456 sf)
UPC(s): 4136060380015000000 & 4136060420015000000
Existing Land Use: Undeveloped
Proposed Land Use: 18 townhouse development with more than one
common wall/property line on each side of unit.
Existing Zoning: Residential R-3 (Zoning Case 23-005 ZOC R-3 to R-4)
Table 1: Adjacent Existing Land Use and Zoning to the property under consideration
Direction: Land Use: Zoning:
North Goddard High School, Place of Worship & Undeveloped Land INST, R-1,
owned by Place of Worship, Residential R-S, R-3
South Undeveloped Residential Land, Athletic Fields R-3, INST
West Undeveloped Residential Land, Athletic Fields R-3, INST
East Paradise Greens Manufactured Home Park MHC
23 of 54 PAGE 1 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 PPLAT
REQUEST TO APPROVE A PRELIMINARY PLAT: GODDARD RIDGE ESTATES
Maps for 23-006 PPLAT
Chaves County Assessor’s Map
City of Roswell Zoning Map
24 of 54 PAGE 2 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 PPLAT
REQUEST TO APPROVE A PRELIMINARY PLAT: GODDARD RIDGE ESTATES
III. Intent of Petition:
The applicant for Zoning Case 23-006 PPLAT is requesting approval of a
Preliminary Plat for Goddard Ridge Estates to subdivide 3.5 acres into an 18-
lot townhouse subdivision on the south side of E Country Club Road in the
800-1100 Blocks.
Excerpt from Goddard Ridge Estates Site/Grading Plan by Wagener Engineering
showing layout of 18 townhouses and configuration of development.
IV. Planning & Zoning Commission Considerations from Staff Review:
1. The property under consideration is located on the south side of E
Country Club Rd in the 800 to 1100 Blocks.
View of property looking west from Paradise Greens Mobile Home Park.
25 of 54 PAGE 3 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 PPLAT
REQUEST TO APPROVE A PRELIMINARY PLAT: GODDARD RIDGE ESTATES
2. The property under consideration is contiguous to an undeveloped
portion of a lot zoned R-3 Residential District. The surrounding area
consists of a mobile home/manufactured home park to the east, Goddard
High School ball field to the west, a place of worship, residential, Goddard
High School, and 9.375 acres of undeveloped land on the north side of E
Country Club Road.
3. Country Club Road is classified as a minor arterial street. The
development will have only 2 access points to Country Club Road.
Townhouse garages and parking will be located on the south side of the
lots, and a private drive parallel with Country Club Road will provide
access to the homes for visitors and deliveries.
4. Water, sanitary sewer, and utilities area available in the vicinity of this
proposed development project.
5. The proposed lots are 190’ feet long and include access and utility
easements/common areas, drainage, and buildable areas. Interior lots are
30’ wide or 50’ wide.
6. At the time of this writing, the two lots under consideration for the
subdivision are zoned R-3 Residential. Zoning Case 23-005 ZOC is a
request for a zone change from R-3 Residential to R-4 Residential
scheduled to be heard by the Planning & Zoning Commission on May 23,
2023.
7. The Preliminary Plat to create the 18 residential lot subdivision meets the
2016 Comprehensive Master Plan Goal 8.9 Neighborhoods and Housing
Goals, Objectives, and Implementation Strategies and specifically
“Neighborhoods and Housing Goal 1: Promote a variety of housing types,
sizes, and price ranges to accommodate housing needs of existing and
future residents.”
26 of 54 PAGE 4 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 PPLAT
REQUEST TO APPROVE A PRELIMINARY PLAT: GODDARD RIDGE ESTATES
8. Included in this Case are:
Appendix F: Goddard Ridge Estates Site Grading Plan.
Appendix G: Site Runoff Characteristics for Goddard Ridge Estates.
9. Zoning Case 23-006 FPLAT is a request for Final Plat for Goddard Ridge
Estates and includes Exhibit H: Goddard Ridge Estates (final plat). This
case is scheduled to be heard by the Planning and Zoning Commission on
May 23, 2023, and subsequently by City Council.
10. The townhouse development will look similar to developments in
Lubbock, see photos from applicant below.
27 of 54 PAGE 5 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 PPLAT
REQUEST TO APPROVE A PRELIMINARY PLAT: GODDARD RIDGE ESTATES
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 one (1) inquiry.
5. City of Roswell Subdivision Code Article 4: Subdivision Application
Procedure and Approval Process Section 2: Application and Review
Procedures regulates preliminary plats.
6. The 2016 Comprehensive Master Plan Preferred Land Use Scenario Map
(excerpt below) indicates the lots under consideration as high density
residential. High density in Roswell is considered approximately 15
dwelling units per net acre.
7. Based upon review of the 2016 Comprehensive Master Plan and 2016
Affordable Housing Plan and need for all types of housing, staff has
determined that approval of Zoning Case 23-006 PPLAT is in the interest of
the community, will have a positive impact as residential infill development
on currently undeveloped land, and will provide housing options by adding
new housing to the aging housing stock (85.8% built prior to 1990).
28 of 54 PAGE 6 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 PPLAT
REQUEST TO APPROVE A PRELIMINARY PLAT: GODDARD RIDGE ESTATES
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 23-006 PPLAT to grant a Preliminary Plat to
subdivide 3.5 acres of land into an 18-lot townhouse development.
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 23-006 PPLAT.
29 of 54 PAGE 7 of 7
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS OF
ZONING CASES 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
LETTER SENT VIA CERTIFIED MAIL ON MAY 5, 2023 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 CASES 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
Dear Property Owner:
You have received this notice via certified mail because Chaves County Assessor information indicates
you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Cases 23-005
ZOC, 23-006 PPLAT, and 23-006 FPLAT. This notice informs you of an upcoming public hearing before
the City of Roswell Planning and Zoning Commission regarding these Zoning Cases for the following
property.
DESCRIPTION OF ZONING APPLICATION REQUEST:
CASE 23-005 ZOC: Request for change of zoning district from R-3 Residential to R-4 Residential.
CASE 23-006 PPLAT: Request to approve Preliminary Plat to develop an 18-lot Townhouse Subdivision.
CASE 23-006 FPLAT: Request to approve Final Plat to develop an 18-lot Type D Townhouse Subdivision.
PROPERTY OWNER: Phillip Shackelford and Nicole Shackelford
APPLICANT AGENT: Wagener Engineering
PROPERTY LOCATION: 800-1100 Blocks of East Country Club Road (south side of street)
LEGAL DESCRIPTION: Subd: COUNTRY CLUB MOBILE HOME PARK SUMMARY PLAT TRACT 2 and
Subd: MILITARY HEIGHTS Lot: 1 E 300 ft of the N 200 ft.
The City of Roswell Planning and Zoning Commission will hear public comments on the above
zoning cases on Date: TUESDAY, May 23, 2023 at 6:00 p.m. in Meeting Room A of the Roswell
Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated,
to comment either in writing to our office, in person, or online at the hearing.
To be considered, written protests must be submitted to and received by the Planning and Zoning Office no
later than noon on the working day prior to the Planning and Zoning Commission meeting. Written
comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to:
City of Roswell, Planning & Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to
m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office.
The information packet for these zoning cases will be available no later than 5:00 p.m., on Friday, May 19,
2023, 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 in the Roswell Development Services Office at 500 N Main Street, Suite 100. 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://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language
interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting,
please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as
possible. Public documents including the agenda and minutes can be provided in various accessible formats.
Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed.
Respectfully,
Merideth Hildreth, AICP
Planning & Zoning Administrator 30 of 54 (Area Map on Reverse Side ➔)
EXHIBIT D: AREA NOTIFICATION MAP
CASE 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
CASE 23-005 ZOC: Request for change of zoning district from R-3 Residential to R-4
Residential to develop Type D Townhomes
CASE 23-006 PPLAT: Request to approve Preliminary Plat to develop an 18-lot Type D
Townhouse Subdivision
CASE 23-006 FPLAT: Request to approve Final Plat to develop an 18-lot Type D
Townhouse Subdivision
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND
PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA
3 4 5
1 2
7 6
PROPERTY UNDER CONSIDERATION
800 TO 1100 BLOCKS E COUNTRY CLUB ROAD
NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION
AREA
31 of 54
EXHIBIT E: NOTIFICATION AREA ADDRESSES
CASE 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
1&2
PHILLIP SHACKELFORD
NICOLE SHACKELFORD
4801 ANTELOPE RUN
ROSWELL NM 88201
TODD WAGENER
WAGENER ENGINEERING
1401 N MISSOURI AVE
ROSWELL NM 88201
3
ROSWELL ISD
ADMINISTRATION
P O BOX 1437
ROSWELL NM 88202-1437
GODDARD HIGH SCHOOL
ATT: ADMINISTRATION
701 E COUNTRY CLUB RD
ROSWELL NM 88201
4 (DEVELOPED) & 5 (UNDEVELOPED)
CENTRAL CHURCH OF THE NAZARENE OF ROSWELL
901 E COUNTRY CLUB RD
ROSWELL NM 88201
6
PARADISE GREENS LLC
3000 CALLE DEL NORTE
LAS CRUCES, NM 88005
PARADISE GREENS LLC
ATT: OFFICE
1200 E COUNTRY CLUB RD
ROSWELL NM 88201
7 (BALL FIELDS)
BOARD OF EDUCATION
ROSWELL MUNICIPAL SCHOOL DISTRICT NO 1
P O BOX 1437
ROSWELL NM 88202-1437
1
32 of 54
EXHIBIT F 23-006 PPLAT GODDARD RIDGE ESTATES SITE/GRADING PLAN
33 of 54
EXHIBIT G 23-006 GODDARD RIDGE ESTATES SITE RUNOFF CHARACTERISTICS
34 of 54
AGENDA ITEM F.3
City of Roswell Planning & Zoning Commission
Zoning Case 23-006 FPLAT
City of Roswell Planning & Zoning Commission Agenda
Tuesday, May 23, 2023
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
ACTION REQUESTED: Planning and Zoning Commission review and approve
a Final Plat to develop an eighteen lot Type D
Townhouse Subdivision at the south side of the 800
block to 1100 block of E Country Club Rd.
BACKGROUND: Prepared by:
Merideth Hildreth, AICP, 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 and final decision by
City Council.
BOARD OR
COMMITTEE ACTION: Request Planning & Zoning Commission review,
discuss, and vote on Zoning Case 23-006 FPLAT.
STAFF RECOMMENDATION: At the May 23, 2023 public hearing, based upon
the Land Use and Zoning Considerations, Findings
of Fact, Staff Recommendation, and materials
provided, the Planning & Zoning Commission is
requested to review, introduce a motion, and vote
to recommend approval of Zoning Case 23-006
FPLAT to City Council.
35 of 54
EXHIBIT A 23-006 FPLAT: APPLICATION FOR FINAL PLAT
23-006 FPLAT 5-23-2023 X
X YES
R-3 UNDEVELOPED
0' COMMON
25' 20' 5' EXTERIOR WALL
X
X
X NOTE: 23-005 ZOC REQUEST R-3 TO R-4
36 of 54
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 FPLAT
REQUEST TO APPROVE A FINAL PLAT: GODDARD RIDGE ESTATES
Roswell Planning & Zoning Commission
Tuesday, May 23, 2023
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
CASE 23-006 FPLAT: Request to approve Final Plat to develop an eighteen lot Type D
Townhouse Subdivision (three or more townhouses with common walls).
1. Property Under Consideration:
Property Address: 800-1100 Blocks of E Country Club Road (south side)
Legal Description: Subd: MILITARY HEIGHTS Lot: 1 E 300' N 200' Quarter: NE
S: 28 T: 10S R: 24E DOC# 202302895 WDJT
Subd: COUNTRY CLUB MOBILE HOME PARK SUMMARY
PLAT Tract: 2 S: 28 T: 10S R: 24E DOC# 202302886 WDJT
Property Owner: Phillip Shackelford & Nicole Shackelford
Applicant: Wagener Engineering
II. Site Data:
Site Area: 1.377 acres (59,982.12 sf) & 2.1476 acres (93,549.456 sf)
UPC(s): 4136060380015000000 & 4136060420015000000
Existing Land Use: Undeveloped
Proposed Land Use: 18 townhouse development with more than one
common wall/property line on each side of unit.
Existing Zoning: Residential R-3 (Zoning Case 23-005 ZOC R-3 to R-4)
Table 1: Adjacent Existing Land Use and Zoning to the property under consideration
Direction: Land Use: Zoning:
North Goddard High School, Place of Worship & Undeveloped Land INST, R-1,
owned by Place of Worship, Residential R-S, R-3
South Undeveloped Residential Land, Athletic Fields R-3, INST
West Undeveloped Residential Land, Athletic Fields R-3, INST
East Paradise Greens Manufactured Home Park MHC
37 of 54 PAGE 1 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 FPLAT
REQUEST TO APPROVE A FINAL PLAT: GODDARD RIDGE ESTATES
Maps for 23-006 FPLAT
Chaves County Assessor’s Map
City of Roswell Zoning Map
38 of 54 PAGE 2 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 FPLAT
REQUEST TO APPROVE A FINAL PLAT: GODDARD RIDGE ESTATES
III. Intent of Petition:
The applicant for Zoning Case 23-006 FPLAT is requesting approval of a Final
Plat for Goddard Ridge Estates to subdivide 3.5 acres into an 18-lot townhouse
subdivision on the south side of E Country Club Road in the 800-1100 Blocks.
Excerpt from Goddard Ridge Estates Site/Grading Plan by Wagener Engineering
showing layout of 18 townhouses and configuration of development.
IV. Planning & Zoning Commission Considerations from Staff Review:
1. The property under consideration is located on the south side of E
Country Club Rd in the 800 to 1100 Blocks.
View of property looking west from Paradise Greens Mobile Home Park.
39 of 54 PAGE 3 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 FPLAT
REQUEST TO APPROVE A FINAL PLAT: GODDARD RIDGE ESTATES
2. The property under consideration is contiguous to an undeveloped
portion of a lot zoned R-3 Residential District. The surrounding area
consists of a mobile home/manufactured home park to the east, Goddard
High School ball field to the west, a place of worship, residential, Goddard
High School, and 9.375 acres of undeveloped land on the north side of E
Country Club Road.
3. Country Club Road is classified as a minor arterial street. The
development will have only 2 access points to Country Club Road.
Townhouse garages and parking will be located on the south side of the
lots, and a private drive parallel with Country Club Road will provide
access to the homes for visitors and deliveries.
4. Water, sanitary sewer, and utilities area available in the vicinity of this
proposed development project.
5. The proposed lots are 190’ feet long and include access and utility
easements/common areas, drainage, and buildable areas. Interior lots are
30’ wide or 50’ wide.
6. At the time of this writing, the two lots under consideration for the
subdivision are zoned R-3 Residential. Zoning Case 23-005 ZOC is a
request for a zone change from R-3 Residential to R-4 Residential
scheduled to be heard by the Planning & Zoning Commission on May 23,
2023.
7. The Final Plat to create the 18 residential lot subdivision meets the 2016
Comprehensive Master Plan Goal 8.9 Neighborhoods and Housing Goals,
Objectives, and Implementation Strategies and specifically
“Neighborhoods and Housing Goal 1: Promote a variety of housing types,
sizes, and price ranges to accommodate housing needs of existing and
future residents.”
40 of 54 PAGE 4 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 FPLAT
REQUEST TO APPROVE A FINAL PLAT: GODDARD RIDGE ESTATES
8. Exhibits included in the corresponding Case 23-006 PPLAT (Preliminary
Plat scheduled to be heard by the Planning & Zoning Commission on May
23, 2023) are:
Exhibit F: Goddard Ridge Estates Site Grading Plan.
Exhibit G: Site Runoff Characteristics for Goddard Ridge Estates.
9. This Zoning Case 23-006 FPLAT includes Exhibit H: Goddard Ridge Estates
(final plat).
10. The Planning & Zoning Commission’s recommendation on Zoning Case
23-006 FPLAT for the Goddard Ride Estates Final Plat will be forwarded to
City Council to render a final decision.
11. The townhouse development will look similar to developments in
Lubbock, see photos from applicant below.
41 of 54 PAGE 5 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 FPLAT
REQUEST TO APPROVE A FINAL PLAT: GODDARD RIDGE ESTATES
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 one (1) inquiry.
5. City of Roswell Subdivision Code Article 4: Subdivision Application
Procedure and Approval Process Section 2: Application and Review
Procedures regulates final plats.
6. The 2016 Comprehensive Master Plan Preferred Land Use Scenario Map
(excerpt below) indicates the lots under consideration as high density
residential. High density in Roswell is considered approximately 15
dwelling units per net acre.
7. Based upon review of the 2016 Comprehensive Master Plan and 2016
Affordable Housing Plan and need for all types of housing, staff has
determined that approval of Zoning Case 23-006 FPLAT is in the interest of
the community, will have a positive impact as residential infill development
on currently undeveloped land, and will provide housing options by adding
new housing to the aging housing stock (85.8% built prior to 1990).
42 of 54 PAGE 6 of 7
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-006 FPLAT
REQUEST TO APPROVE A FINAL PLAT: GODDARD RIDGE ESTATES
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 23-006 FPLAT to grant a Final Plat to subdivide 3.5
acres of land into an 18-lot townhouse development.
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
recommend approval of Zoning Case 23-006 FPLAT Final Plat to City
Council.
43 of 54 PAGE 7 of 7
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS OF
ZONING CASES 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
LETTER SENT VIA CERTIFIED MAIL ON MAY 5, 2023 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 CASES 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
Dear Property Owner:
You have received this notice via certified mail because Chaves County Assessor information indicates
you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Cases 23-005
ZOC, 23-006 PPLAT, and 23-006 FPLAT. This notice informs you of an upcoming public hearing before
the City of Roswell Planning and Zoning Commission regarding these Zoning Cases for the following
property.
DESCRIPTION OF ZONING APPLICATION REQUEST:
CASE 23-005 ZOC: Request for change of zoning district from R-3 Residential to R-4 Residential.
CASE 23-006 PPLAT: Request to approve Preliminary Plat to develop an 18-lot Townhouse Subdivision.
CASE 23-006 FPLAT: Request to approve Final Plat to develop an 18-lot Type D Townhouse Subdivision.
PROPERTY OWNER: Phillip Shackelford and Nicole Shackelford
APPLICANT AGENT: Wagener Engineering
PROPERTY LOCATION: 800-1100 Blocks of East Country Club Road (south side of street)
LEGAL DESCRIPTION: Subd: COUNTRY CLUB MOBILE HOME PARK SUMMARY PLAT TRACT 2 and
Subd: MILITARY HEIGHTS Lot: 1 E 300 ft of the N 200 ft.
The City of Roswell Planning and Zoning Commission will hear public comments on the above
zoning cases on Date: TUESDAY, May 23, 2023 at 6:00 p.m. in Meeting Room A of the Roswell
Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated,
to comment either in writing to our office, in person, or online at the hearing.
To be considered, written protests must be submitted to and received by the Planning and Zoning Office no
later than noon on the working day prior to the Planning and Zoning Commission meeting. Written
comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to:
City of Roswell, Planning & Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to
m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office.
The information packet for these zoning cases will be available no later than 5:00 p.m., on Friday, May 19,
2023, 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 in the Roswell Development Services Office at 500 N Main Street, Suite 100. 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://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language
interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting,
please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as
possible. Public documents including the agenda and minutes can be provided in various accessible formats.
Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed.
Respectfully,
Merideth Hildreth, AICP
Planning & Zoning Administrator 44 of 54 (Area Map on Reverse Side ➔)
EXHIBIT D: AREA NOTIFICATION MAP
CASE 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
CASE 23-005 ZOC: Request for change of zoning district from R-3 Residential to R-4
Residential to develop Type D Townhomes
CASE 23-006 PPLAT: Request to approve Preliminary Plat to develop an 18-lot Type D
Townhouse Subdivision
CASE 23-006 FPLAT: Request to approve Final Plat to develop an 18-lot Type D
Townhouse Subdivision
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND
PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA
3 4 5
1 2
7 6
PROPERTY UNDER CONSIDERATION
800 TO 1100 BLOCKS E COUNTRY CLUB ROAD
NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION
AREA
45 of 54
EXHIBIT E: NOTIFICATION AREA ADDRESSES
CASE 23-005 ZOC, 23-006 PPLAT, 23-006 FPLAT
1&2
PHILLIP SHACKELFORD
NICOLE SHACKELFORD
4801 ANTELOPE RUN
ROSWELL NM 88201
TODD WAGENER
WAGENER ENGINEERING
1401 N MISSOURI AVE
ROSWELL NM 88201
3
ROSWELL ISD
ADMINISTRATION
P O BOX 1437
ROSWELL NM 88202-1437
GODDARD HIGH SCHOOL
ATT: ADMINISTRATION
701 E COUNTRY CLUB RD
ROSWELL NM 88201
4 (DEVELOPED) & 5 (UNDEVELOPED)
CENTRAL CHURCH OF THE NAZARENE OF ROSWELL
901 E COUNTRY CLUB RD
ROSWELL NM 88201
6
PARADISE GREENS LLC
3000 CALLE DEL NORTE
LAS CRUCES, NM 88005
PARADISE GREENS LLC
ATT: OFFICE
1200 E COUNTRY CLUB RD
ROSWELL NM 88201
7 (BALL FIELDS)
BOARD OF EDUCATION
ROSWELL MUNICIPAL SCHOOL DISTRICT NO 1
P O BOX 1437
ROSWELL NM 88202-1437
1
46 of 54
EXHIBIT H 23-006 FPLAT GOODARD RIDGE ESTATES
47 of 54
AGENDA ITEM G.1
City of Roswell Planning & Zoning Commission
Findings & Determination for Approval of Zoning Case 23-003 ZOC
City of Roswell Planning & Zoning Commission Agenda
Tuesday, May 23, 2023
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
ACTION REQUESTED: Planning and Zoning Commission to render
administrative findings and determination of the
Commission’s decision to approve Zoning Case 23-
003 ZOC.
BACKGROUND: Prepared by:
Merideth Hildreth, AICP, Planning & Zoning
Administrator per instruction by City Attorney.
Planning & Zoning Commission heard and
approved Zoning Case 23-003 ZOC, a zone change
for 107 N Kentucky Avenue from R-3 Residential to
C-4 Commercial Business District at the April 25,
2023. An appeal of the case was filed. City Council
will hear the appeal.
FINANCIAL CONSIDERATION: There are no additional costs associated with this
request.
REVIEW: Planning & Zoning Commission render findings
and determination of Case 23-003 ZOC approval.
BOARD OR
COMMITTEE ACTION: Request Planning & Zoning Commission provide
findings and a determination on Case 23-003 ZOC
to be forwarded to City Council for the appeal
hearing.
STAFF RECOMMENDATION: Planning & Zoning Commission discuss the item
and make a motion on findings and determination
for Case 23-003 ZOC that will be presented to City
Council at an appeal hearing.
48 of 54
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-003 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO C-4
Roswell Planning & Zoning Commission
Tuesday, April 25, 2023
Meeting Room A; Roswell Convention & Civic Center
912 North Main Street
APPLICATION: CASE 23-003 ZOC: Request for approval of a Zone Change from R-3
Residential to C-4 Commercial Business District at 107 N Kentucky Avenue.
1. Property Under Consideration:
Property Address: 107 N Kentucky Avenue
Legal Description: Subd: WEST SIDE Block: 48 Lot: 11 (BOUNDARY
SURVEY S27-96) BK: 788 PG: 342 WDJT
Property Owner: James P. Cheney & Bianca R Cheney
Applicant: James P. Cheney & Bianca R Cheney
II. Site Data:
Site Area: 0.184 +/- acres (8,006 SF +/-)
UPC(s): 4-135-062-431-018-000000
Existing Land Use: Undeveloped
Proposed Land Use: Change Zoning to C-4 Employee Parking
Existing Zoning: Residential R-3
Table 1: Adjacent Existing Land Use and Zoning to the property under consideration
Direction: Land Use: Zoning:
North Undeveloped Commercial Lot & Commercial Development C-4
South Residential Development R-3
West Residential in R-3 & Commercial in C-4 Development R-3 & C-4
East Commercial & Residential Mixed Use Development C-3
49 of 54 PAGE 1 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-003 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO C-4
Maps for 23-003 ZOC
Chaves County Assessor’s Map
City of Roswell Zoning Map
50 of 54 PAGE 2 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-003 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO C-4
III. Intent of Petition:
The applicant for Zoning Case 23-003 ZOC is requesting approval of a Zone
Change from R-3 Residential to C-4 Commercial Business District for an 8,006
square foot lot at 107 N Kentucky Avenue for purposes of developing
employee parking and indoor storage of supplies for Southwest Printers, LLC
located east of the alley at 110 N Pennsylvania Avenue.
IV. Planning & Zoning Commission Considerations from Staff Review:
1. The property under consideration is located on the east side of Kentucky
Avenue between First Street and Second Street.
2. The property under consideration is contiguous to an undeveloped lot
that is zoned C-4 Commercial Business District. Properties with
commercial development and zoned C-4 are located on all four corners of
the intersection of 2nd Street and Kentucky Avenue including Roswell
Donuts and Century 21 Home Planning office and parking lot. The
properties east of the alley are zoned C-3 Downtown Business District.
3. A duplex zoned R-3 Residential is located contiguous to and south of the
property under consideration. A historic single family home and a vacant
lot are located on the east side of Kentucky Avenue south of the duplex.
Three historic houses zoned R-3 are located on the west side of Kentucky
Avenue.
4. Kentucky Avenue is classified as a local street.
5. The property under consideration and the surrounding blocks are located
on the Historic District Map indicated as sponsored by the Historical
Society of Southeast New Mexico, Inc.
6. A zone change from R-3 to C-4 is compatible to the contiguous and
surrounding commercial uses. Parking lots are allowed in the R-3 district
with a Special Use Permit and as a use-by-right in the C-4 District.
Additionally, future development for commercial activity on the site is
allowed in the C-4 district as a use-by-right.
51 of 54 PAGE 3 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-003 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO C-4
Staff Photo: Looking east at property under consideration for zone from Kentucky Avenue.
Property under
Consideration
Excerpt from 2016 Comprehensive Master Plan Preferred Land Use Scenario Map.
52 of 54 PAGE 4 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-003 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO C-4
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 two (2) inquiries.
5. City of Roswell Zoning Ordinance Article 3: Procedures, Amendments, and
Changes; Section 9. Zone Changes contains the provisions for Zone
Changes.
6. Zoning Ordinance Article16: R-3 Residential District contains provisions for
the property’s current zoning.
7. Zoning Ordinance Article 34: C-4 Commercial Business District contains
provisions for the requested zoning district for the property under
consideration.
8. The 2016 Comprehensive Master Plan Preferred Land Use Scenario Map
indicates this lot as high density residential situated between the 2nd Street
Commercial corridor and at the edge of an area designated for “Infill /
Redevelopment Opportunities” and adjacent to the area indicated as
“Downtown.”
53 of 54 PAGE 5 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-003 ZOC
REQUEST FOR ZONE CHANGE FROM R-3 TO C-4
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 23-003 ZOC to grant a Zone Change from R-3
Residential to C-4 Commercial Business District at 107 N Kentucky 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 23-003 ZOC.
54 of 54 PAGE 6 of 6
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