Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, June 27, 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: Vacant; 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. City Attorney; Hessel Yntema A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda: June 27, 2023 Agenda E. Approval of Minutes: May 23, 2023 P&Z Regular Meeting Minutes F. Action Item 1. Vote for new Vice Chair Other Business 1. Discussion of Findings of Facts as presented by Community Development. G. Public Comments H. Announcements I. 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: June 22, 2023 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, June 27, 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 1 Page 1 of 10 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/join/518430445 Help Desk – 575.500.0587 2 Page 2 of 10  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 1 Page 3 of 10  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 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. 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 2 Page 4 of 10  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 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 3 Page 5 of 10  recommends Planning and Zoning Commission recommend approval of the 23- 006FPPLAT Final Plat for Goddard Ridge Estates to City Council. Commissioner Henderson: asked questions about road improvements on Country Club. Mr. Najar Commented: 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 established in the Zoning Ordinance, testimony received this evening, and determination of zone change, Commissioner Aguilar MOTIONED to approve Zoning Case 23-005 ZOC. 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. 4 Page 6 of 10  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 23-006 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 5 Page 7 of 10 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. 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 6 Page 8 of 10 J. ADJOURN Vice Chair MacCornack adjourned the meeting at 6:51 p.m. 7 Page 9 of 10  AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission City of Roswell Planning & Zoning Commission Agenda Tuesday, June 27, 2023 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission to vote for new Vice Chair. BACKGROUND: Prepared by: Miguel Martinez, CZO; Planner II James MacCornack has stepped down from the Planning & Zoning Commission. A new Vice Chair needs to be appointed by the Planning & Zoning Commission. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The Planning & Zoning Commission will appoint a new Vice Chair. BOARD OR COMMITTEE ACTION: Planning & Zoning Commission are to vote for a new Vice Chair to fill the vacant position. STAFF RECOMMENDATION: Staff supports the decision of the Planning & Zoning Commission. Page 10 of 10