Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, October 24, 2023 at 6:00 PM Roswell Development Services Conference Room 500 N Main Street, Suite 100 (Sunwest Centre) Roswell, New Mexico Planning & Zoning Commission Members: Chair: David Storey; Vice Chair: Saul Aguilar; Secretary: Jesse McDaniel Members: Jana Lessard, Steve Henderson, Richard L. Gutierrez, Gregory Holman City Staff: Community Development Director: Jessica Vickers, Esq. Planning & Zoning Administrator: Merideth Hildreth, AICP Associate Planner: Miguel Martinez, CZO City Engineer: Louis Najar, P.E. Senior Engineer: James MacCornack, P.E. A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda: October 24, 2023 Agenda E. Approval of Minutes: September 26, 2023 P&Z Regular Meeting Minutes F. Action Item 1. CASE 23-011 CUP: Request for Conditional Use Permit for Major Home Occupation to operate an in-home Child Care for up to twelve children. Location: 302 S Evergreen Avenue. Subd MCLELLAN Block: 1 Lot: 17 Quarter: NE S: 1 T: 11S R: 23E DOC# 202204970 WDJT (Property Owners: Josue Macias and Sarah Afressia Bejarano). G. Other Business 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 23-40. 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: October 20, 2023 1 1 of 19 TO ATTEND THE PLANNING & ZONING COMMISSION MEETING BY GO TO MEETING Tuesday, October 24, 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 19  P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, September 26, 2023 - 6:00 PM Roswell Development Services Conference Room 500 N Main Street, Suite 100 (Sunwest Centre) Roswell, New Mexico Chair: David Storey; Vice Chair: Saul Aguilar; Secretary: Jesse McDaniel Members: Jana Lessard, Steve Henderson, Richard L. Gutierrez Jessica Vickers, J.D. Merideth Hildreth, AICP Miguel Martinez, CZO Louis Najar, P.E. 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 23-40. 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., and introduced Jessica Vickers, Community Development Director. B. ROLL-CALL David Storey Present Saul Aguilar Absent Jesse McDaniel Present Jana Lessard Present Steve Henderson Present Richard L. Gutierrez Absent Position 2 Vacant Staff Members Present: Jessica Vickers, Esq., Community Development Director Merideth Hildreth, AICP, Planning and Zoning Administrator Miguel Martinez, CZO, Associate Planner Louis Najar, P.E., City Engineer Audience Members Present: Lollie Urban, Reece J Smolky, Corine M Smolky, Trevor Donaldson, Fernando Lujan, Chris Sifuentes, Kelsey Sifuentes, Juan Carreon, Luis Landaverde, and Terri Harber with Roswell Daily Record C. SWEARING IN: Steve Henderson swore in staff and members of the audience. 1 3 of 19 D. APPROVAL OF THE AGENDA Consider approval of the September 26, 2023 Planning & Zoning Commission meeting agenda. Commissioner Henderson MOTIONED to approve the Tuesday, September 26, 2023 Planning & Zoning Commission agenda as presented. SECONDED by Commissioner Lessard. A voice vote was as follows: David Storey-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, the motion passed 4 - 0 with Saul Aguilar and Richard Gutierrez being absent. E. APPROVAL OF MINUTES: Consider approval of the June 27, 2023 Planning & Zoning Commission meeting minutes. Commissioner Lessard MOTIONED to approve the minutes of the June 27, 2023 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, the motion passed 4 - 0 with Saul Aguilar and Richard Gutierrez being absent. F. PUBLIC HEARING ITEMS: 1. CASE 23-007 ANNEX: Request to Annex 10.00 acres into City of Roswell Municipal Boundary. Location: 402 E Brasher Road. Subd: LAND DIVISION OF THE NE1/4NW1/4 OF SECTION 21, TOWNSHIP 11 SOUTH, RANGE 24 EAST Tract: 1 S: 21 T: 11S R: 24E DOC# 202302847 WD. (Property Owner: Carreon Spooling Services LLC; Agent: Juan C. Carreon) Chair Storey introduced Case 23-007 ANNEX Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 23-007 ANNEX. SECONDED by Commissioner Lessard. A voice vote was as follows: David Storey-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, the motion passed 4 - 0 with Saul Aguilar and Richard Gutierrez being absent. Ms. Merideth Hildreth: Presented Case 23-007 ANNEX Mr. Najar Comments: Staff recommends approval of the annexation. The company who wants to develop the property is a water truck company similar to the one on the adjacent property. In order to have access to City sanitary sewer, the property is required to be within the city limits. Chair Storey: Is there anyone wishing to speak in favor of Case 23-007 ANNEX? In Favor: Juan Carreon: stated he wants to establish a truck yard and office on the property under consideration for annexation. He was raised in Roswell and has had his company in Carlsbad for six years. 2 4 of 19 Chair Storey: Is there anyone wishing to speak against Case 23-007 ANNEX? Against: None Motion – 23-007 ANNEX Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance and Subdivision Code, Staff recommendations, materials presented, and testimony received, Commissioner Lessard MOTIONED to recommend approval of Zoning Case 23- 007 ANNEX to City Council. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, the motion passed 4 - 0 with Saul Aguilar and Richard Gutierrez being absent. 2. CASE 23-009 FPLAT: Request to approve Pioneer Bank Commercial Properties Replat as a Final Plat to split one C-2 commercial lot into six lots. Location: 2900 & 3000 Blocks west side of N Main Street and north of Mescalero Road. Subd: PIONEER BANK SUMMARY PLAT Lot: 2 S: 20 T: 10S R: 24E BK: 541 PG: 1356 WD. (Property Owner: Pioneer Bank; Agent: Rains Surveying Company, Inc.) Chair Storey introduced Case 23-009 FPLAT Commissioner Lessard MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 23-009 FPLAT. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, the motion passed 4 - 0 with Saul Aguilar and Richard Gutierrez being absent. Ms. Merideth Hildreth: Presented Case 23-009 FPLAT Mr. Najar Comments: Engineering supports the final plat. Utilities are already there. The narrow lot on Mescalero can be used for something like an ice kiosk. The fence along Via Veneto Drive will be required during the development site review process. Chair Storey: Is there anyone wishing to speak in favor of Case 23-009 FPLAT? In Favor: None Chair Storey: Is there anyone wishing to speak against Case 23-009 FPLAT? Against: None 3 5 of 19  Motion – 23-009 FPLAT Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance and Subdivision Code, Staff recommendations, materials presented, and testimony received, Commissioner Lessard MOTIONED to recommend approval Zoning Case 23-009 FPLAT to City Council. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, the motion passed 4 - 0 with Saul Aguilar and Richard Gutierrez being absent. 1. CASE 23-010 CANN: Request for approval of a Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment. Location: 106 W Wildy Street. Subd: OLIVERS REDIV AMEND Block: 2 Lot: 4 & 5 BK: 542 PG: 1335 QCD JT (Appliciant: Fernando Lujan). Chair Storey introduced Case 23-010 CANN Commissioner Henderson MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 23-010 CANN. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, the motion passed 4 - 0 with Saul Aguilar and Richard Gutierrez being absent. Ms. Merideth Hildreth: Presented Case 23-010 CANN Chair Storey: Is there anyone wishing to speak in favor of Case 23-010 CANN? In Favor: Trevor Donaldson: stated the Dispensary Near Me headquarters is located in Socorro in Valencia County. Chris Sifuentes will relocate to Roswell to run the store. The company plans to rebuild the fence for the neighbors and talked about renting a property next door to house the property manager. At one time the property housed a car dealership and a smoke shop with a drive-thru. The dispensary will not open the drive-thru and will not generate much traffic anticipating approximately 40 customers a day. Several cannabis dispensaries have residential variances. Chair Storey: Is there anyone wishing to speak against Case 23-010 CANN? Against: Reece Smolky: Mr. Smolky and his brother Bruce own the house next door at 108 W Wildy since 1958. Certain conditions on the property under consideration have not been taken care of by the property owner Mr. Lueras. For the last six months, 4 6 of 19  the fence has leaned over, Mr. Lueras has not moved his truck, the old shed had not been stuccoed. The building proposed for the dispensary is a shed. When Jim Gentry owned the car dealership, the shed office was broken into three times and car titles stolen. There is a lot of traffic. Mr. Smolky stated he did not know of another cannabis dispensary near a liquor store. Homeless people sleep in Mr. Lueras’s truck, in the alley and vicinity. Lollie Urban: stated she lives at 110 W Wildy, remodeled the property, and is against cannabis. Trevor Donaldson: stated the dispensary will have 24-hour security cameras, Mr. Lueras’s truck will be removed, and the other storage building will be removed. Mr. Martinez: asked for clarification about issues regarding lack of property maintenance, size and type of the structure. Trevor Donaldson: answered the dispensary will rebuild the south fence and improve the property, plans to reinforce the saferoom, has never had problems with robberies at his other dispensaries, and will comply with the fire code at all times. Motion – 23-010 CANN Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance and Subdivision Code, Staff recommendations, materials presented, and testimony received, Commissioner McDaniel MOTIONED to recommend denial of Zoning Case 23- 010 CANN to City Council. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, the motion passed 4 - 0 with Saul Aguilar and Richard Gutierrez being absent. G. OTHER BUSINESS H. PUBLIC COMMENTS None I. ANNOUNCEMENTS Ms. Hildreth announced New Mexico Chapter of the American Planning Association’s annual conference will be held in Roswell October 17-20, 2023: New Mexico’s Response to a Changing Climate. Registration is open to the public at https://newmexico.planning.org/ J. ADJOURN Chair Storey adjourned the meeting at 7:09 p.m. 5 7 of 19  AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 23-011 CUP Planning & Zoning Commission Agenda Tuesday, October 24, 2023 Roswell Development Services Conference Room 500 N Main St, Ste 100 ACTION REQUESTED: Planning and Zoning Commission review and approve a request for a Conditional Use Permit for a Major Home Occupation to operate an in-home child care for up to 12 children in the R-1 Residential Zoning District. 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 Conditional Use Permit requires Planning & Zoning Commission review. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 23-011 CUP. 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 23-011 CUP at the October 24, 2023 public hearing. 8 of 19 EXHIBIT A 23-011 CUP: MAJOR HOME OCCUPATION IN-HOME CHILD CARE 9 of 19  EXHIBIT B STAFF SUMMARY FOR CASE: 23-011 CUP REQUEST FOR CONDITIONAL USE PERMIT FOR MAJOR HOME OCCUPATION – CHILD CARE Roswell Planning & Zoning Commission Tuesday, October 24, 2023 Roswell Development Services Conference Room 500 North Main Street, Suite 100 (Sunwest Centre) Roswell, NM 88201 APPLICATION: CASE 23-011 CUP: Request for a Conditional Use Permit for Major Home Occupation to operate an in-home Child Care for up to 12 children in R-1 Residential Zoning District. I. Property Under Consideration: Property Address: 302 S Evergreen Avenue Legal Description: Subd: MCLELLAN Block: 1 Lot: 17 Quarter: NE S: 1 T: 11S R: 23E DOC# 202204970 WDJT Property Owner: Josue Macias and Sarah Afressia Bejarano II. Site Data: Site Area: 7,236 sf UPC(s): 4-133-062-534-081-000000 Existing Land Use: Single Family Home Proposed Land Use: Single Family Home with in-home child care for up to 12 children Existing Zoning: R-1 Residential Table 1: Adjacent Existing Land Use and Zoning to the property under consideration Direction: Land Use: Zoning: North Single Family Home R-1 South Single Family Homes R-1 West Single Family Homes R-1 East Single Family Homes R-1 10 of 19 PAGE 1 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 23-011 CUP REQUEST FOR CONDITIONAL USE PERMIT FOR MAJOR HOME OCCUPATION – CHILD CARE Maps for 23-011 CUP Chaves County Assessor’s Map Zoning Map 11 of 19 PAGE 2 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 23-011 CUP REQUEST FOR CONDITIONAL USE PERMIT FOR MAJOR HOME OCCUPATION – CHILD CARE III. Intent of Petition: The applicant for Zoning Case 23-011 CUP is requesting a Conditional Use Permit to operate a Major Home Occupation consisting of an in-home Child Care for up to twelve children IV. Planning & Zoning Commission Considerations from Staff Review: 1. The property under consideration is located 302 S Evergreen Avenue within the City of Roswell jurisdiction. 2. The property is served by Evergreen Avenue, classified as a “Local Street” between Juniper Street and Alameda Street. 3. The property under consideration is in the R-1 Residential Zoning District within a residential block where all of the properties are zoned R-1. 4. The property under consideration has a driveway that is approximately 22’ wide by approximately 40’ long from the house to back of sidewalk and can accommodate 4 vehicles simultaneously. 5. Due to patterns experienced by similar in-home child care businesses, Staff has determined that the impact on the surrounding neighborhood and street will be negligible since drop-off and pick-up times will be staggered and parking is for a short period of time. The property owner has adequate driveway to accommodate cars, and the street pavement width is approximately 30’ to accommodate short- term parking. 6. The Zoning Ordinance allows for Major Home Occupations under Article 62. Section 6: Standards and Regulations for Major Home Occupations. Section 6: B allowing a Home Occupation stipulates, “No more than one employee, plus the inhabitants of the residence shall be on the premises at one time to conduct the Major Home Occupation.” Section 6: E specifically states the “Group Day Care Homes for Children shall be limited to more than 6 and up to 12 children as determined by the State. The Planning and Zoning Commission shall determine allowable business hours based on the nature of the business.” 12 of 19 PAGE 3 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 23-011 CUP REQUEST FOR CONDITIONAL USE PERMIT FOR MAJOR HOME OCCUPATION – CHILD CARE 7. On June 6, 2023, the City of Roswell’s Planning & Zoning Division Staff issued a Zoning Verification for the property under consideration stating the following: “This zoning verification letter is per the request of Sarah Bejarano to operate an in-home childcare. This Zoning Verification Letter certifies that the property located at 302 S Evergreen Avenue in Roswell, New Mexico is zoned R-1 Residential. According to the City of Roswell’s Zoning Ordinance Number 20-08 Amended August 13, 2020, Article 62: Home Occupations, Section 5: Standards and Regulations for Minor Home Occupations F. Family Child Care Home for children shall be limited to 6 children per day. This Minor Home Occupation for up to 6 children is an allowed use-by-right in the R-1 Residential Zoning Districts.” 8. At the time of application, the property owner communicated to Planning & Zoning Staff that the in-home day care is operating and already has a waiting list to care for more than six children. 9. The granting of a Conditional Use Permit to allow the expansion of the existing minor home occupation to a Major Home Occupation to care for up to 12 children is reasonable and in the public interest. 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 rights-of-way. 3. This agenda, which includes this case, has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, the Planning & Zoning Office has received zero (0) written protests, zero (0) verbal protests, and zero (0) inquiries. 13 of 19 PAGE 4 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 23-011 CUP REQUEST FOR CONDITIONAL USE PERMIT FOR MAJOR HOME OCCUPATION – CHILD CARE 5. City of Roswell Zoning Ordinance Article 62: Home Occupations regulates minor and major home occupations including Group Day Care Homes for Children (more than 6 and up to 12) as a Major Home Occupation and as determined by the State of New Mexico under Article 62, Section 6. 6. The property under consideration is currently under the jurisdiction of the City of Roswell, New Mexico. The property owner submitted an application to the City of Roswell Planning & Zoning Office in the Community Development Department requesting a Conditional Use Permit for a Major Home Occupation to operate in in-home childcare business for up to 12 children for consideration by the Roswell Planning & Zoning Commission. VI. Staff Recommendation: Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, and the regulations established in the Zoning Ordinance, Staff recommends: Approval of Zoning Case 23-011 CUP to grant the property owner of 302 S Evergreen Avenue a Conditional Use Permit to operate an in-home child care business for up to 12 children as a Major Home Occupation. 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 23-011 CUP. 14 of 19 PAGE 5 of 5  EXHIBIT C: 23-011 CUP LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 1 of 2) LETTER SENT VIA CERTIFIED MAIL ON October 9, 2023 TO SURROUNDING PROPERTY OWNERS COMMUNITY DEVELOPMENT DEPARTMENT 500 N Main St, Suite 100 Roswell, NM 88201 Telephone: (575) 637.6294 RE: PUBLIC HEARING NOTICE for ZONING CASE 23-011 CUP Dear Property Owner: You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Case 23-011 CUP. This notice informs you of an upcoming public hearing before the City of Roswell Planning and Zoning Commission regarding a Zoning Case for the following property. DESCRIPTION OF ZONING APPLICATION REQUEST: CASE 23-011 CUP: Request for Conditional Use Permit for Major Home Occupation to operate an in-home Child Care for up to twelve children in R-1 Residential Zoning District PROPERTY OWNERS: Josue Macias and Sarah Afressia Bejarano PROPERTY LOCATION: 302 Evergreen Ave LEGAL DESCRIPTION: Subd: MCLELLAN Block: 1 Lot: 17 Quarter: NE S: 1 T: 11S R: 23E DOC# 202204970 WDJT The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning cases on Date: TUESDAY, October 24, 2023 at 6:00 p.m. in the Roswell Development Services Conference Room at the Sun West Centre Office Complex, located at 500 North Main Street, Suite 100. You are entitled, although not obligated, to comment either in writing to our office, or in person or online at the hearing. To be considered, written protests must be submitted to and received by the Planning and Zoning Division 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 Division in the Roswell Development Services Office at 500 N Main Street Suite 100, 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 . 15 of 19  EXHIBIT C: 23-011 CUP LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 2 of 2) The information packet for these zoning cases will be available no later than 5:00 p.m., on Friday, October 20, 2023, and may be viewed at https://www.roswell- nm.gov/489/Planning-Zoning-Commission. You may inspect the information packet in detail by calling 575.637.6294 for an appointment at the Planning & Zoning Division in the Roswell Development Services Office at 500 N Main Street Suite 100. You may obtain copies of the information packet 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 Miguel Martinez Merideth Hildreth, AICP Miguel Martinez, CZO Planning & Zoning Administrator Associate Planner (Area of Notification Map attached) 16 of 19  EXHIBIT D: CASE 23-011 CUP Request for a Conditional Use Permit for Major Home Occupation to operate an in-home Child Care for up to 12 children. CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 3 14 13 2 4 12 11 1 5 9 6 10 8 7 PROPERTY UNDER CONSIDERATION – 302 S EVERGREEN AVENUE NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 17 of 19  EXHIBIT E: 23-011 CUP – NOTIFICATION AREA ADDRESSES 1 JOSUE MACIAS SARAH AFRESSIA BEJARANO 302 S EVERGREEN AVE ROSWELL NM 88203 2 ARCHIE REGALADO NORMA J REGALADO 300 S EVERGREEN AVE ROSWELL NM 88203 3 (2704 W 1ST STREET – FENCED LAND WITHOUT STRUCTURES) RICHLAND REAL ESTATE LLC 1000 N DAL PASO ST HOBBS, NM 88240 4 ERNESTO RANGEL JR & ANA RANGEL 3009 CRITES ST RICHLAND HILLS TX 76118 ERNESTO RANGEL JR & ANA RANGEL OR CURRENT OWNER 301 S EVERGREEN AVE ROSWELL NM 88203 5 JOSEFA GENIA MONTES OR CURRENT OWNER 303 S EVERGREEN AVE ROSWELL NM 88203 6 TOA INVESTMENTS LLC 3203 PURDUE DR ROSWELL NM 88203 TOA INVESTMENTS LLC OR CURRENT OWNER 305 S EVERGREEN AVE ROSWELL NM 88203 1 18 of 19  EXHIBIT E: 23-011 CUP – NOTIFICATION AREA ADDRESSES 7 SCOTTY HARRIS 4302 N ATKINSON AVE ROSWELL NM 88201 SCOTTY HARRIS OR CURRENT OWNER 307 S EVERGREEN AVE ROSWELL NM 88203 8 CHRIS BRAZIEL & SANDRA BRAZIEL 5154 STAGECOACH RD SEGUIN TX 78155 CHRIS BRAZIEL & SANDRA BRAZIEL OR CURRENT OWNER 306 S EVERGREEN AVE ROSWELL NM 88203 9 MICHAEL RAY SANDOVAL LEREDA S SANDOVAL 2001 S ADAMS DR ROSWELL NM 88203 MICHAEL RAY & LEREDA SANDOVAL OR CURRENT OWNER 304 S EVERGREEN AVE ROSWELL NM 88203 12 ARCHIE REGALADO 10 NORMA JEAN REGALADO WILSON LIVING TRUST 2904 W JUNIPER ST ORVIL R & JO NELL WILSON TRUSTEES ROSWELL NM 88203 305 S BALSAM AVE ROSWELL NM 88203 13 & 14 (UNDEVELOPED LOTS) YASHDEV KUNDOMAL 11 2500 BRANDON WAY ROBERTA RODRIGUEZ ROSWELL NM 88201 OR CURRENT OWNER 303 S BALSAM AVE ROSWELL NM 88203 2 19 of 19