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Planning & Zoning Commission

Regular Meeting

Roswell, NM · May 23, 2023

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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. 1 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 2 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. 3 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. 4 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. 5

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). 1 1 of 54 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 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, May 23, 2023 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 2 of 54 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 1 3 of 54 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. 2 4 of 54 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? 3 5 of 54 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- 4 6 of 54 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 5 7 of 54 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. 6 8 of 54 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. 9 of 54 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 10 of 54 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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