Planning & Zoning Commission
Regular MeetingRoswell, NM · January 23, 2024
Minutes
P&Z REGULAR MEETING MINUTES
Roswell Planning & Zoning Commission
Tuesday, January 23, 2024 - 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, Greg Holman
Jessica Vickers, Esq
Merideth Hildreth, AICP
Miguel Martinez, CZO
Louis Najar, P.E.
James MacCornack, 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 6:00 p.m.
B. ROLL-CALL
David Storey Present
Saul Aguilar Present
Jesse McDaniel Present
Jana Lessard Present
Steve Henderson Absent
Richard L. Gutierrez Present
Greg Holman Present
Staff Members Present:
Jessica Vickers, Esq, Community Development Director
Merideth Hildreth, AICP, Planning and Zoning Administrator
Miguel Martinez, CZO, Associate Planner
James MacCornack, P.E., Senior Engineer
Audience Members Present:
David Wright, Melvin Salcido, Yanice Gonzalez, Omar Echevarria, Juan Carreon.
Online: Terri Harber with Roswell Daily Record
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C. SWEARING IN: Commissioner Jana Lessard swore in staff and members of the
audience.
D. APPROVAL OF THE AGENDA
Consider approval of the January 23, 2024 Planning & Zoning Commission
meeting agenda. Commissioner Holman MOTIONED to approve the Tuesday,
January 23, 2024 Planning & Zoning Commission agenda as presented.
SECONDED by Commissioner McDaniel. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Richard
Gutierrez-yes, Greg Holman-yes the motion passed 6-0 with Steve Henderson
being absent.
E. APPROVAL OF MINUTES:
Consider approval of the November 28, 2023 Planning & Zoning Commission
meeting minutes. Commissioner Aguilar MOTIONED to approve the minutes of
the November 28, 2023 Planning & Zoning Commission meeting as presented.
SECONDED by Commissioner Gutierrez. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Greg Holman-yes the motion
passed 4-0 with Jana Lessard and Richard Gutierrez recusing themselves and
Steve Henderson and being absent.
F. PUBLIC HEARING ITEMS:
1. CASE 23-015 SUP: Request for a Special Use Permit to operate a
professional office for counseling sessions and services including boarding rooms
for temporary stays as part of mental health practice in the R-3 Residential Zoning
District.
Chair Storey introduced Case 23-015 SUP
Commissioner Lessard MOTIONED to waive the reading of the findings of fact
and land use and zoning considerations with respect to case 23-015 SUP.
SECONDED by Commissioner McDaniel. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Richard
Gutierrez-yes, Greg Holman-yes the motion passed 6-0 with Steve Henderson
being absent.
Merideth Hildreth: Presented Case 23-015 SUP
Good evening, commissioners, Chair Storey. Our first case tonight is case 23-015
SUP, a request for a special use permit in the R-3 residential zoning District to
operate a professional office for counseling sessions and services, including
boarding rooms for temporary stays as part of a mental health practice at 400 East
Country Club Road. This is a staff, two staff photos of the property that was a bed
and breakfast. This house was built circa 1920; it has ample parking in the back. On
East Country Club Road to the west is a 15-unit apartment complex. So it already
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has quite a bit of compatible uses around it. The property to the east was zoned
commercial office for Dr. Osmani request about maybe three years ago. It's still a
vacant piece of property on Country Club. You can see some residential develop-
ment. These are the surrounding land uses R-3 and Commercial office. If you can
see to the South, it's that same property owned by the Dr. Osmani. As of today's
date, Planning and Zoning division has received zero written protests and zero
inquiries pertaining to this case, and staff recommends approval of this. We do have
David Wright in in the audience who will be the owner of the professional business,
and we stand for questions
Chair Storey: Commissioners got any questions for staff before we hear from the
applicants? Thank you Merideth
Chair Storey: Is there anyone wishing to speak in favor of Case 23-015 SUP?
In Favor: Melvin Salcido
Chair Storey:
Welcome, please state your name and address for the record please.
Melvin Salcido:
Yes, Melvin Salcido 2702 Sydney Street Roswell New Mexico, 88201. I've known Dave
Wright for 45 years and you know I know I used to live there on Mimosa and Mr.
McDaniel sold my house there years back and anyway, it was a bed and breakfast as
stipulated. And, what we try to do is help people, I'm retired from the Roswell
Independent School District and worked mental health for close to 28 years. I'm in
favor of you know getting this going, I work there too so anyway.
David Wright:
Thank you for everybody tonight. Having me in Socorro we have three offices one -
Chair Storey:
Sir, you could you give us your full name and address?
David Wright:
I’m sorry, David Wright 1894 Chaparral Loop, in Socorro New Mexico. Okay, we have
three offices, one here, one in Las Cruces, and one in Socorro. We are a full service,
432 full service agency. You'll see a lot of people that just do therapy, we do a little
bit of everything. We have one of the highest success rates as far as helping people
get off the street, get off drugs, get a job, that type of thing. We are uh - most the
agencies in town are not 432 full service agencies, but we are. And parole and
probation gave us one of the highest uh compliments by saying that we have some
of the highest success rates in in the State. So basically, what we do uh we take
people that uh that want to make a change. We do therapy with them, we get them
off the street. We have somebody at the house 24/7 to monitor it. We also do a what
we call a group therapy in the morning, and then we do what we call CCSS, which
stands for comprehensive Community Support Services. We spend up to four hours
a day with a client. You know if they're sitting at home doing nothing, they're going
to do something and a lot of times that's not what what's good beneficial for them.
They'll do drugs or whatever, alcohol whatever, so they come to us. If we have to
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send them to detox, we send them to detox. First medical detox and then we give
them a hand up so they can have a successful life. And do we have a 100% success
rate? No, but it's pretty high, like 70% which, compared to a lot of other programs is
extraordinarily high when the national average right now is about 18%. So you
know, we uh we do our best, whatever to help people. We uh serve a free lunch to
anybody that comes about at lunchtime whether they are clients or not. It doesn't
make any difference, we go ahead and feed the hungry if we can. And so basically
we would like to uh have clients right uh in the house like we would, would have a
full time monitor there, and uh it be primarily females right now, and that we we
don't mix male and female. So uh if you guys will be considered to do that uh uh it's
a great help for the community and people that are in distress that really need uh
you. It's our answer getting people off the street and getting them off of drugs. So
uh as you know that um fentanyl has become a very very invasive thing in our
country right now. We've had three clients that have overdosed on fentanyl. One
was just 24 years old and um he came in for services. We saw him for a couple
weeks. We didn't see him after that, and then next thing I heard that he overdosed
on fentanyl. And so, those are the stories that we don't like but unfortunately it does
happen. And so if we can save one life one time then I think it's worth it. And um, so
if you guys can consider a uh, like I said, it used to be a bed and breakfast so uh it’s
it's kind of still like a bed and breakfast, but it's we also have mental health there. So
any questions anybody has I'd be glad to answer them.
Chair Storey: Commissioners got any questions of the applicant?
Commissioner Holman: Yeah, could you kind of give us a rundown of what type of
added uh security features will you be adding? Is there any concern with the
clientele you have and the proximity to the high school there just?
David Wright:
Oh, we're installing right now, cameras you know outside and uh like I said, we do
have somebody there on the on the property 24/7. Okay so uh I guess I didn't hear
all your questions because I'm a little bit hard of hearing, so uh I should get a
hearing aid, but I'm too vain so I don't.
Commissioner Holman:
I was just wondering, what added security measures you were going to take besides
like the security cameras. I mean, is the movement of your clientele kind of
restricted, or are they come and go? How does that work?
David Wright:
No it's restricted okay. They can - uh uh depends on what level they're at. If they're
clean and they haven't used for you know awhile then they have more freedom,
okay. But when they first come in they uh you know, they're pretty much on a
restricted type of thing to where uh they need to go to the store whatever that's
what we have the CCSS services for, so we will take them to the store get them, you
know, get what needs they might have. And so, our security is very enhanced and
we pride ourself in that. We've never had an incident where somebody came in with
a gun and wanted to shoot us, let's put it that way okay. And so, we the people that
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we do we have a very close connection with our clients, uh we uh we take a personal
interest in their in their welfare and they feel that. It's not something, like a lot of
times, you'll go to a therapist and see them 30 minutes an hour a week. That's okay,
but guess what? We found out it's not the best way to do it because uh they see
them and they're gone and uh the therapist, oh that's another one off my checklist
this week. We don't work, we don't work with a huge volume of people, but the ones
we do work with we're successful.
Commissioner Gutierrez:
Is it just substance abuse or is it behavioral health as well?
David Wright:
Um, I, not everybody is is substance abuse okay, some people are just on the the
streets. PTSD and they they've been on the streets for a while and they don't know
how to get off the streets. It's different from, so we show them the pathway to get
off the street and and have a better life. And so we do individual therapy, group
therapy with them every day. And then like I said the CCSS services to help them
support whatever they want to do. Our goal is to not only get them off the street,
get them a job so they can be a productive person in society.
Commissioner Holman:
And uh how many clients do you have the capacity of serving at that facility?
How many clients do you have the capacity for at that facility?
David Wright:
Well, no we we just like said, we up here, we have six clients right now okay. So
we'll probably have somewhere around 15-18 clients, not all in that house, but
you know, so our agency is not volume, it's quality. Okay um we could have a service
where we do 100 people a week. There's a need for that I guess, but with us we're
more concerned with the quality of the service that we give and the support that we
give them so they can get a better life and go on with their life.
Chair Storey:
Excellent thank you. Any other questions? Thank you, Sir.
Is there anyone in the audience wishing to speak in favor of this case? Is there
anyone in the audience wishing to speak against Case 23-015? Anyone online?
Against: None
Motion – 23-015 SUP
Based on the land use and zoning considerations, findings of fact, conclusions of law,
surrounding land uses, regulations established in the Zoning Ordinance, Staff
recommendations, materials presented, and testimony received, Commissioner
Aguilar MOTIONED to approve Zoning Case 23-015 SUP.
SECONDED by Commissioner McDaniel.
A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes,
Jana Lessard-yes, Richard Gutierrez-yes, Greg Holman-yes the motion passed 6-0 with
Steve Henderson being absent.
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2. CASE 24-001 SUP: Request for a Special Use Permit in the R-3 Residential Zoning
District to operate an event venue and art classes at 417 E Wildy Street.
Chair Storey introduced Case 24-001 SUP
Commissioner Holman MOTIONED to waive the reading of the findings of fact
and land use and zoning considerations with respect to case 24-001 SUP.
SECONDED by Commissioner Aguilar. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Richard
Gutierrez-yes, Greg Holman-yes the motion passed 6-0 with Steve Henderson
being absent.
Ms. Merideth Hildreth: Good evening again Commissioners, Chair Storey. This
second case is 24-001 Special Use Permit, a request for a Special Use Permit in the
R3 zoning District to operate an event venue and art classes at 417 East Wildy Street.
This is on the northwest corner of Wildy and Garden. Here you can see it was a at
one time a place of worship, it's in the R3 zoning District surrounded by residential
and on the other side is another place of worship, so you can see it's surrounded by
R3 zoning - oh - in R2 oops there we go, on the south. Uh, as of today's date, I've
heard from no one of else regarding the zoning case, no - zero written protests and
zero inquiries have been submitted or called in, and staff is supportive of this case.
Chair Storey: Is there anyone wishing to speak in favor of Case 24-001 SUP?
In Favor:
Omar Echevarria (Commissioner Aguilar translated from Spanish to English):
JC Venue will have two different Halls available for different types of activities, from
uh weddings to um gatherings, um I forgot the rest. Business assemblies and different
things, it's not just parties. Fire Marshal Chris Casey went and looked at the space for
the capacity as far as um how many people we can have, uh what they're lacking - fire
extinguishers and things like that, ingress, egress. There's two of them, one of them
is 95 to 100 and then the one's 85 to 95, yeah. They'll have a couple of outdoor spaces:
one in the front, one in the back, stuff friendly for kids and things like that, where they
can be contained and whatnot, and some photo friendly um spaces up front. We’d
like to do three times a year uh fundraising activities to help out for the community
things like that on on their on their behalf.
Yanice Gonzales:
My name is Yanice Gonzales and the address is 811 East Albuquerque Street here in
Roswell. Um, I'll be the one that's going to do the art classes, it could be painting
classes, it could be um baking goodies decorated, and um or other art things for kids.
Yes okay, any questions?
Commissioner Holman:
You'll be bringing in like catering for events for food to be catered in?
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Yanice Gonzales:
There are vendors around town when we need catering, decorating, decorator people
and also photographers, and other businesses.
Commissioner Holman:
And the with the catering, would that be also uh catered bar service?
Yanice Gonzales:
For now we are not going to serve alcohol because we haven't done uh the permit or
anything like that, but in the future yes. We are not cooking inside of the place,
because the Fire Marshall said that we have to do a suppression system and we’re
not going to do that, so there's no um cooking in the place; it's just a serving food.
Commissioner Holman:
Would there be any concern uh from the staff for events with bar service in a facility
adjacent to a church?
Merideth Hildreth:
Chair story, Commissioner Holman, so I don't know how it works with a picnic license
for events like that um I don't know how. Oh, Saul does.
Commissioner Aguilar:
I can weigh in on that. So for a picnic service there's, there really isn't a requirement
for a permanent installation. We we've gotten to cater right next to a church, not yet
next to schools yet. But we've gotten to it's if it's not going to be a permanent
installation, it's a temporary one
Commissioner McDaniel: If it’s one time or one night or one right?
Commissioner Aguilar:
It shouldn't be an issue and we've done it many times.
Commissioner Holman:
And the findings say that the parking is adequate for the numbers that they're talking
about 90 people 90 people 80 people venue?
Merideth Hildreth:
There's there's some parking on there. I talked to the city engineer, to Louis Najar,
about the parking uh stipulated it in Exhibit B. So there can be parallel parking, it'll be
in the right-of-way but it's it's it's off the the thoroughfare along Garden and then
some angle parking along Wildy, that's also in the right-of-way. But it's it's there's
about 15 feet between curb and sidewalk where they can park and he's allowing it on
Wildy. It's stipulated in exhibit B. So it won't cover all the parking if it's a huge wedding,
but that could happen at a church anytime, so the neighborhood is probably used to
that kind of temporary situation.
Commissioner Holman:
No, sounds good to me thank you.
Commissioner Lessard:
I have a question, I have a question real quick. Do you have a limit on the hours when
you do have events? I noticed that there's there are that is a residential
neighborhood.
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Yanice Gonzales:
We're want to not go over midnight, we know how it is, so we're not going to allow
any any event go over midnight. It will stop before that.
Chair Storey:
Okay any other questions? Staff any other comments, any questions to the applicant,
anybody? Thank y'all. Thank you.
Is there anyone else in the audience wishing to speak in favor of this case?
Being none, is there anyone in the audience wishing to speak against this
case? Nobody wishing to speak against, I would accept a motion.
Motion – 24-001 SUP
Based on the land use and zoning considerations, findings of fact, conclusions
of law, surrounding land uses, regulations established in the Zoning
Ordinance, Staff recommendations, materials presented, and testimony
received, Commissioner Lessard MOTIONED to approve Zoning Case 24-001
SUP.
SECONDED by Commissioner Holman.
A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse
McDaniel-yes, Jana Lessard-yes, Richard Gutierrez-yes, Greg Holman-yes the
motion passed 6-0 with Steve Henderson being absent.
3. 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
Chair Storey: Merideth, do you want to explain this before we do anything, or do
you want to go ahead and get into it?
Merideth Hildreth:
Chair story, Commissioners, we're bringing this back to you. Staff is bringing this
back to you this annexation that you heard in September. It's it has a time limit on it
so it has to go to City Council. It has to have an ordinance with it. That ordinance is
now in your packet. And so the City Attorney worked with us on this to bring it back
to you. So we're starting over. And after it goes through you, it will be forwarded to
City Council. And because it's an ordinance, they will vote to set a public hearing at
their following City Council meeting. So it will go to City Council after this meeting. In
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February they'll vote to hold a public hearing, and then in March they'll hold the
public hearing. Okay, so it was just a timing issue and we don't do a lot of annexes
here in in Roswell yet, so we're starting over.
Chair Storey: Okay. Any questions on that before we proceed? Shouldn’t take long
since we heard it once. May I have a motion to waive the reading of the findings of
fact please?
Commissioner Lessard 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 Aguilar. A voice vote was as
follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana
Lessard-yes, Richard Gutierrez-yes, Greg Holman-yes the motion passed
6-0 with Steve Henderson being absent.
Chair Storey: We’ve already heard Merideth, we’ve heard the case. I believe we
have someone in the audience, Mr. Carreon, would you like to come up and speak?
Merideth Hildreth:
Excuse me, Chair Storey, I’m not sure Commissioner Holman was there at this time.
Commissioner Holman: I wasn’t.
Chair Storey:
Go ahead then.
Merideth Hildreth:
Thank you. So this case is a request to Annex 10 acres next and contiguous to the
city boundary, the municipal boundary on East Brasher Road. The address of this
10 acres is 402 East Brasher Road. This slide shows an excerpt from the land
division plat showing the 10-acre tract one from the 37.711-acre parent property.
These are staff photos of the property under consideration for annexation and the
surrounding properties. You can see one looking southwest from the FedEx looking
toward the property and Legendary Services which is developed at 400 East Brasher
Road; they have water trucks that they use in the oil fields. And, the second slide is
looking east and southeast from FedEx toward the property. And you can see
there's already high power lines kind of in the right-of-way and sort of on the
property as well. There is an easement along parallel with Brasher Road. The
Comprehensive Master Plan Preferred Land Use Scenario Map shows this area for
light industrial use as a preferred future land use after the annexation goes
through. Hopefully it will. Mr. Carreon will come back here for a request to rezone
this to light industrial and then the second map shows an excerpt from the 2016
Comprehensive Master Plan. The Annexation Priority Map and you can see that this
area is in annexation priority number one and here's the Chaves County Assessor
Map and the Zoning Map. As you can see, it's surrounding area inside the city limits
is all zoned I-1 Light Industrial; so it's surrounded by I-1 and County property. This is
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Carreon Annexation Plat by LT Surveying. This is the actual annexation plat that will
be filed once it's all approved and the 45-day period of comment is over. After the
City Council approves it and as of today's date, we've received no, zero written
protest and zero inquiries for this case to be heard tonight. The Chaves County
Planning & Zoning Office submitted a letter dated January 19th 2024 supporting
annexation of this track by the city. And staff is supportive of this annexation and
stands for questions.
Chair Storey:
Just for my own edification, it says that the reason that they want to be annexed is
to obtain City of Roswell water and sewer service. With the service running right
there in Brasher, is someone in the county not eligible to get a tap from those lines
and just set an account? They have to be part of the city?
Merideth Hildreth:
They are not allowed to tap into the sewer. They're allowed to tap into water and
pay double the rates as I understand it.
Chair Storey: Is there anyone wishing to speak in favor of Case 23-007 ANNEX?
In Favor: Juan Carreon
Juan Carreon:
Yes, my name is Juan Carreon and I'm at 25 Hal Circle Roswell New Mexico 88201.
And, once again I'm here to try to get this pushed a little bit forward. I know where's,
you know it takes time, for this annexation, but I've been really been wanting to get
a shop you know, for my oil and gas services, basically for my parking trucks and
stuff. I just want to get it done with, so I mean even though if we don't get approved
on the, you know, come to the city you know, I'm gonna go do it on over county side.
So, but my, the main thing is, I wanted to get the water and sewer for future use.
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 Holman MOTIONED to recommend
approval of Zoning Case 23-007 ANNEX to City Council.
SECONDED by Commissioner Aguilar. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Richard
Gutierrez-yes, Greg Holman-yes the motion passed 6-0 with Steve Henderson
being absent.
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G. OTHER BUSINESS
1. Chair Storey introduced Item G.1
2024 Planning & Zoning Commission Meeting Schedule
Merideth Hildreth: Presented the 2024 Meeting Schedule for informational
purposes.
2. Chair Storey introduced Item G.2
Planning & Zoning Commissioner Terms
Merideth Hildreth:
Commissioners, in front of you, you have a sheet that looks like this little
table and this shows the terms for the commissioners. We have four
Commissioners whose terms expire on March 31st 2024. Position three
Commissioner Henderson's first term expires. Commissioner Henderson
submitted an application to the City Clerk to apply for a second term.
Position five Commissioner McDaniel second term, consecutive, um second
consecutive, term expires. Position six Chair Storey second consecutive term
expires, and Commissioner Gutierrez his first uh partial term expires -
position one. Staff request of Planning and Zoning Commission consider
Steve Henderson's application for a second term as well as Commissioner
Gutierrez who has stated this evening that he would like to be considered
again for a first full term.
Commissioner Lessard MOTIONED to recommend Steve Henderson to the
Mayor and City Council appointment to a second consecutive four-year term
commencing on April 1, 2024.
SECONDED by Commissioner McDaniel. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Richard
Gutierrez-yes, Greg Holman-yes the motion passed 6-0 with Steve Henderson
being absent.
Commissioner Lessard MOTIONED to recommend to the Mayor and City
Council appointment of Richard Gutierrez to a second consecutive four-year
term commencing on April 1, 2024.
SECONDED by Commissioner McDaniel. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Richard
Gutierrez-yes, Greg Holman-yes the motion passed 6-0 with Steve Henderson
being absent.
H. PUBLIC COMMENTS
I. ANNOUNCEMENTS
J. ADJOURN
Chair Storey: It is 6:50 p.m. and the meeting is adjourned.
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Agenda
City of Roswell Planning & Zoning Commission Agenda
Tuesday, January 23, 2024 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: January 23, 2024 Agenda
E. Approval of Minutes: November 28, 2023 P&Z Regular Meeting Minutes
F. Action Item
1. 23-015 SUP: Request for a Special Use Permit in R-3 Residential Zoning District to
operate a professional office for counseling sessions and services including
boarding rooms for temporary stays as part of mental health practice at 400 E
Country Club Road. Subd: OSMANI-HAMMOND SUMMARY REPLAT Tract: 2 Quarter:
NW S: 28 T: 10S R: 24E DOC# 202202841 WDJT. (Property Owners: Jacob O’Neil and
Wendy O’Neil; Applicant: David Wright).
2. CASE 24-001 SUP: Request for a Special Use Permit in the R-3 Residential Zoning
District to operate an event venue and art classes at 417 E Wildy Street. Subd: SOUTH
HIGHLANDS REDIVISION Block: 12B Lot: 2 AND:- Lot: 4 AND:- Lot: 6 , , S: 9 T: 11S R: 24E
DOC# 202307174 WD. (Property Owner/Applicant: Omar Echevarria Valentin.)
3. CASE 23-007 ANNEX: Request to Annex 10.00 acres into City of Roswell 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).
G. Other Business
1. 2024 Planning & Zoning Commission Meeting Schedule
2. Planning & Zoning Commissioner Terms Expiring in 2024 and vote on recommendation
H. Public Comments
I. Announcements
J. Adjourn
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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
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the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week
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P&Z DRAFT REGULAR MEETING MINUTES
Roswell Planning & Zoning Commission
Tuesday, November 28, 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, Greg Holman
Jessica Vickers, Esq
Merideth Hildreth, AICP
Miguel Martinez, CZO
Louis Najar, P.E.
James MacCornack, 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 6:02 p.m.
B. ROLL-CALL
David Storey Present
Saul Aguilar Absent
Jesse McDaniel Present
Jana Lessard Absent
Steve Henderson Present
Richard L. Gutierrez Absent
Greg Holman Present
Staff Members Present:
Merideth Hildreth, AICP, Planning and Zoning Administrator
Miguel Martinez, CZO, Associate Planner
Louis Najar, P.E., City Engineer
James MacCornack, P.E., Senior Engineer
Audience Members Present:
Paul Taylor, Ariana Franco, Tim Smith, Freddy Nasrallah
C. SWEARING IN: Steve Henderson swore in staff and members of the audience.
For the Record: Member Saul Aguilar arrived at 6:04 p.m.
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D. APPROVAL OF THE AGENDA
Consider approval of the November 28, 2023 Planning & Zoning Commission
meeting agenda. Commissioner Henderson MOTIONED to approve the
Tuesday, November 28, 2023 Planning & Zoning Commission agenda as
presented. SECONDED by Commissioner McDaniel. A voice vote was as follows:
David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Steve Henderson-yes,
Greg Holman-yes the motion passed 5-0 with Jana Lessard and Richard
Gutierrez being absent.
E. APPROVAL OF MINUTES:
Consider approval of the October 24, 2023 Planning & Zoning Commission
meeting minutes. Commissioner Holman MOTIONED to approve the minutes
of the October 24, 2023 Planning & Zoning Commission meeting as presented.
SECONDED by Commissioner Aguilar. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Steve Henderson-yes, Greg
Holman-yes the motion passed 5-0 with Jana Lessard and Richard Gutierrez
being absent.
F. PUBLIC HEARING ITEMS:
1. CASE 23-012 SUP: Request for a Special Use Permit to operate a Child
Care Center in I-1 Light Industrial Zoning District at 602 E College Blvd.
Chair Storey introduced Case 23-012 SUP
Commissioner McDaniel MOTIONED to waive the reading of the findings of
fact and land use and zoning considerations with respect to case 23-012 SUP.
SECONDED by Commissioner Aguilar. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Steve Henderson-yes, Greg
Holman-yes the motion passed 5-0 with Jana Lessard and Richard Gutierrez
being absent.
Merideth Hildreth: Presented Case 23-012 SUP
Louis Najar Comments: This place was used by Maddy-Tay’s in the past. The
location is suitable for use as a child care with on-site drop-off and pick-up area. A
child care center is a permitted use in the I-1 Zoning District with a Special Use
Permit.
Chair Storey: Is there anyone wishing to speak in favor of Case 23-012 SUP?
In Favor:
Ariana Franco: Requesting Special Use Permit to operate a child care center will be
beneficial for the community since many of the child cares in Roswell have a waiting
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list to care for children, especially infants. This center will operate 6:30 a.m. to 6:00
p.m. Monday thru Friday and will be able to care for at least 30 infants.
Paul Taylor: Owns the building and is looking forward to Ariana Franco’s child care
center opening. Maddy-Tay’s Pre-School used this space for many years.
Chair Storey: Is there anyone wishing to speak against Case 23-012 SUP?
Against: None
Motion – 23-012 SUP
Based on the land use and zoning considerations, findings of fact, conclusions
of law, surrounding land uses, regulations established in the Zoning
Ordinance, Staff recommendations, materials presented, and testimony
received, Commissioner Henderson MOTIONED to approve Zoning Case 23-012
SUP. SECONDED by Commissioner McDaniel.
A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-
yes, Steve Henderson-yes, Greg Holman-yes the motion passed 5-0 with Jana
Lessard and Richard Gutierrez being absent.
Chair Storey: Indicated in his opinion the reason the Commission approved this
case was based on staff recommendations, previous use, and everyone seeming to
like the location and building use, and the need for it.
2. CASE 22-039 CANN TIME EXT: Request for approval of a time extension
to obtain a Building Permit to build and operate a new retail cannabis
establishment with ancillary facility located at 3500 S Main Street.
Chair Storey introduced Case 22-039 CANN TIME EXT
Commissioner McDaniel MOTIONED to waive the reading of the findings of
fact and land use and zoning considerations with respect to case 22-039 CANN
TIME EXT. SECONDED by Commissioner Aguilar. A voice vote was as follows:
David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Steve Henderson-yes,
Greg Holman-yes the motion passed 5-0 with Jana Lessard and Richard
Gutierrez being absent.
Merideth Hildreth: Presented Case 22-039 CANN TIME EXT
Louis Najar Comments: Appreciates the request for the time extension. The
Engineering Department is seeing cost increases in bids and having to rebid while
cutting items out in order to stay within budget. A new build is different from a
tenant space remodel. Mr. Najar supports this request for a time extension and
affirms the economic and market situation.
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Chair Storey: Is there anyone wishing to speak in favor of Case 22-039 CANN TIME
EXT?
In Favor:
Freddy Nasrallah: Asking for a time extension not only because of market
conditions, but there are only two banks in New Mexico that fund cannabis that he
is working with.
Mr. Najar: The building design is UFO-themed and not a standard build.
Chair Storey: Is there anyone wishing to speak against Case 22-039 CANN TIME
EXT?
Against: None
Motion – 22-039 CANN TIME EXT
Commissioner Aguilar MOTIONED to approve Zoning Case 22-039 CANN TIME
EXT based on the surrounding land uses, regulations established in the Zoning
Ordinance and Subdivision Code, and testimony presented. SECONDED by
Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Saul
Aguilar-yes, Jesse McDaniel-yes, Steve Henderson-yes, Greg Holman-no the
motion passed 4-1 with Jana Lessard and Richard Gutierrez being absent.
Explanation by Commissioner Holman: Finds the business use and building use not
beneficial to the community. In the past year, several new businesses have come up;
extending time to add a new cannabis business is not a good use for that space.
Explanation by Commissioner McDaniel: Thinks it is beneficial when someone
invests an estimated $3 million in our community. Cannabis is now a legal business
now just like alcohol stores. Business is business. It takes money and revenues to
run cities and everything else.
3. CASE 23-013 ZOC: Request for a Change of Zoning of approximately
8.273 acres from R-3 Residential to MHC Manufactured/Mobile Home
Community in order to expand 7.626-acre Paradise Greens Mobile
Home Park on existing 15.899-acre lot.
Chair Storey introduced Case 23-013 ZOC
Commissioner Holman MOTIONED to waive the reading of the findings of fact
and land use and zoning considerations with respect to case 23-013 ZOC.
SECONDED by Commissioner Henderson. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Steve Henderson-yes, Greg
Holman-yes the motion passed 5-0 with Jana Lessard and Richard Gutierrez
being absent
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4. CASE 23-014 VAR: Request for a Variance to north Yard Setback for
proposed units in Paradise Greens Mobile Home Park.
Chair Storey introduced Case 23-014 VAR
Commissioner Aguilar MOTIONED to waive the reading of the findings of fact
and land use and zoning considerations with respect to case 23-014 VAR.
SECONDED by Commissioner Holman. A voice vote was as follows: David
Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Steve Henderson-yes, Greg
Holman-yes the motion passed 5-0 with Jana Lessard and Richard Gutierrez
being absent.
Merideth Hildreth: Presented Case 23-013 ZOC and Case 23-014 VAR
Merideth Hildreth: Comments on Case 23-014 VAR
Requested Planning & Zoning Commission provide determination of Findings of Fact
and Conclusions of Law when rendering a decision on this case. Ms. Hildreth read
sections from the Zoning Ordinance listed on page 61 of the meeting packet
regarding standards for approving variances. Staff is asking the Commission to
discuss and apply the code and provide the reasons of either denial or approval for
all zoning cases and especially for variances given how the code is written in
stipulating the granting of a variance.
Commissioner McDaniel: Why isn’t staff giving a recommendation on this case?
Merideth Hildreth: Our legal staff wants the Commission to apply the code and to
provide the reasons for denial or approval for all zoning cases.
Miguel Martinez: It is up to the applicant to show proof of hardship on the
property. There was no evidence of a hardship provided on the property. This is why
staff presented to case to the Commission for an unbiased recommendation. That
was the directive given from the legal team.
Louis Najar Comments: The applicant is following the rules. I agree with Miguel
about the hardship for the variance. I don’t see it. You could lose some lots and
make the setbacks work. I don’t agree with the preliminary site plan. Internal roads
vary in width and are too narrow. An eight-foot sidewalk would be required in the
right-of-way along Country Club and along Atkinson. All of that is the engineering
part. We have two things here, the zone change to correct the mismatch in zoning. A
solid fence on all sides would be required. I understand that it is affordable housing.
The 20-foot setback is measured from the property line. An accessory structure
requires a 10-foot clearance from the primary structure. This would require another
variance in the future. Solid screen fencing on all sides of the mobile home park will
be required.
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Chair Storey: Is there anyone wishing to speak in favor of Case 23-013 ZOC or 23-
014 VAR?
In Favor:
Preston Mitchell: Landscaping would be outside the wall along Country Club. The
piece of property along the north property line is narrow. We are willing to remove a
couple of units to comply with setbacks. We want to improve this piece of property
and provide affordable homes. I am a mobile home dealer in the State of New
Mexico and am able to bring in new homes relatively quickly. As tenants move out,
older homes will be replaced with newer homes. This park has 74 units and
approximately 98% occupancy. The strip in the front is unusual as it is a narrow
strip. When we purchased the park, there were 52 park-owned homes of which only
25 were rented and the rest were uninhabitable. We rehabbed some, sold, and
demolished some. We brought in several new tenant-owned homes. There are only
two rental units at this time that are Section 8 housing.
Chair Storey: If one case passes and the other fails, does that hinder the project at
all?
Preston Mitchell: The zone change would have to happen for the project to happen
at all. We could work without the variance if we had to. We would appreciate the
variance because we are investing money and trying to provide affordable housing.
We are fine with shaving off a few spaces to accommodate accessory structures in
each mobile home space.
Merideth Hildreth handed out a copy of Article 22: MHC Manufactured/Mobile
Home Community District.
Louis Najar: This could be a double variance. One variance for the setback
requirement and one variance for the accessory structure distance requirements.
Preston Mitchell: We have already taken out the dead trees and shrubs. We are
still cleaning up the property and removing older homes. We bought this park in
2021. Bringing in newer units and removing older units, installing landscaping and a
privacy wall will improve the look and feel of this property.
Commissioner Holman: Carports are allowed in the side yard setback. Can we
allow for storage sheds to be allowed within that same side yard setback?
Louis Najar: If that is what you want to allow, include that in the variance now so it
will be established in the carport area.
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Commissioner Holman: The chart in Article 22 reads the 35-foot setback is
measured from yard to street.
Merideth Hildreth: Everywhere else in the code, setbacks are measured from the
property line. If you look at page 58 in your packet, you see the plat, an excerpt from
the plat, and the property corners.
Louis Najar: We have one case that is the zone change. The other case is the
variance. I would request more of an effort and definition of the variance being
requested for the accessory structures.
Tim Smith: Based on the number of inquiries at Paradise Greens Mobile Home
Park, there is a high demand for low-income housing in this area. More homes will
benefit the community.
Michelle Hampton: I have lived on the property for four years and have seen major
improvements to the park and yards in the past couple of years. I’ve seen the
trailers redone and repainted. The owners have done wonders. When I first moved
into the park it was bad with lots of police calls, drugs, and shootings. I’m here to
support the request and believe this would be an improvement to the community
for trailers to be moved into the park.
Chair Storey: Is there anyone wishing to speak against Case 23-013 ZOC or Case 23-
014 VAR?
Against: None
Motion – 23-013 ZOC
Commissioner Holman MOTIONED to approve Zoning Case 23-013 ZOC from R-
3 to MHC as presented based on the land use and zoning considerations,
findings of fact, lists as presented in Exhibit B, conclusions of law list number
one though seven. SECONDED by Commissioner McDaniel. A voice vote was as
follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Steve
Henderson-yes, Greg Holman-yes the motion passed 5-0 with Jana Lessard and
Richard Gutierrez being absent.
Motion – 23-014 VAR
Commissioner McDaniel MOTIONED to approve Zoning Case 23-014 VAR based
on the land use and zoning considerations, findings of fact, conclusions of law,
surrounding land uses, regulations established in the Zoning Ordinance, Staff
recommendations, materials presented, and testimony received, and add to
this variance that it will be allowed for detached and attached structures in
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the side setback to include carports and/or accessory structures such as
storage sheds as long as it meets space side setback.
SECONDED by Commissioner Aguilar.
Commissioner McDaniel: The reasons for making my motion for approval, on page
61 of the packet, Exhibit B, Section 8, is that nobody was opposed to the variance. In
my opinion the lot is narrow, and the request is in the best interest of the public and
not solely in the applicant’s interest due to the dire need for affordable housing.
Chair Storey: The twenty-foot setback will be measured from the property line. The
fence will be on the property line, so from the street you wouldn’t be able to see if
the setback of houses is 20’ or 35’. Visually, it will not be noticed from the street.
Commissioner Holman: There is also the discrepancy in the Zoning Ordinance
Article 22 Section 4 table that states 35’ yard setback from street rather than
property line.
A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-
yes, Steve Henderson-yes, Greg Holman-yes the motion passed with Jana
Lessard and Richard Gutierrez being absent.
G. OTHER BUSINESS
H. PUBLIC COMMENTS
I. ANNOUNCEMENTS
Happy Birthday to Commissioner Henderson
J. ADJOURN
Chair Storey adjourned the meeting at 7:32 p.m.
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AGENDA ITEM F.1
City of Roswell Planning & Zoning Commission
Zoning Case 23-015 SUP
Planning & Zoning Commission Abstract
Tuesday, January 23, 2024
Roswell Development Services Conference Room
500 N Main St, Ste 100
ACTION REQUESTED: Planning and Zoning Commission review and approve
a request for a Special Use Permit to operate a
professional office for counseling sessions and
services including boarding rooms for temporary
stays as part of mental health practice in the R-3
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 Special Use Permit requires
Planning & Zoning Commission review.
BOARD OR
COMMITTEE ACTION: Request Planning & Zoning Commission review,
discuss, and vote on Zoning Case 23-015 SUP.
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 23-015 SUP at the January 23, 2024
public hearing.
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EXHIBIT A 23-015 SUP: APPLICATION FOR 400 E COUNTRY CLUB ROAD
Postponed to P&Z Mtg 1/23/2024
X
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EXHIBIT B
STAFF SUMMARY FOR CASE: 23-015 SUP
REQUEST FOR SPECIAL USE PERMIT FOR COUNSELING SERVICES
IN THE R-3 RESIDENTIAL DISTRICT
Roswell Planning & Zoning Commission
Tuesday, January 23, 2024
Roswell Development Services Conference Room
500 North Main Street, Suite 100 (Sunwest Centre)
Roswell, NM 88201
APPLICATION: CASE 23-015 SUP: Request for a Special Use Permit to operate a professional
office for counseling sessions and services including boarding rooms for temporary stays as part
of mental health practice in the R-3 Residential Zoning District.
I. Property Under Consideration:
Property Address: 400 E Country Club Rd
Legal Description: Subd: OSMANI-HAMMOND SUMMARY REPLAT Tract: 2 Quarter:
NW S: 28 T: 10S R: 24E DOC# 202202841 WDJT
Property Owner: Jacob L O’Niel and Wendy O’Niel
II. Site Data:
Site Area: 0.384 acres
UPC(s): 41360601570160000000
Existing Land Use: Was Country Club Bed and Breakfast
On April 25, 2000, the Planning & Zoning Commission
approved Zoning Case 00-011 SUP 5-0 to grant a Special Use
Permit for a 4-unit Bed & Breakfast that included the
operator’s unit.
Proposed Land Use: Professional Office used for counseling services
Existing Zoning: R-3 Residential District
Table 1: Adjacent Existing Land Use and Zoning to the property under consideration
Direction: Land Use: Zoning:
North Residential R-3
South Vacant - Undeveloped CO-1
West Drive on 312 E Country Club for 306 E Country Club R-3
East Vacant - Undeveloped CO-1
13 of 65 PAGE 1 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-015 SUP
REQUEST FOR SPECIAL USE PERMIT FOR COUNSELING SERVICES
IN THE R-3 RESIDENTIAL DISTRICT
Maps for 23-015 SUP
Chaves County Assessor’s Map
Zoning Map
14 of 65 PAGE 2 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-015 SUP
REQUEST FOR SPECIAL USE PERMIT FOR COUNSELING SERVICES
IN THE R-3 RESIDENTIAL DISTRICT
III. Intent of Petition:
The applicant for Zoning Case 23-015 SUP is requesting a Special Use Permit to operate
a professional office to conduct on-site and off-site counseling sessions and services
including on-site boarding rooms for temporary stays as part of mental health practice
in the R-3 Residential Zoning District.
IV. Planning & Zoning Commission Considerations from Staff Review:
1. The property under consideration is located at 400 E Country Club Road within the
City of Roswell jurisdiction. Chaves County Assessor Information shows the 2,389
square foot residential dwelling was built in 1920. In April 2000, the Planning &
Zoning Commission approved a Special Use Permit for a Bed and Breakfast
(Zoning Case 00-011 SUP).
2. The property under consideration is in the R-3 Residential Zoning District.
3. The property is served by Country Club Road that is classified as a Minor Arterial.
The proposed use will not generate a significant increase in vehicular traffic.
Google Earth Street View
15 of 65 PAGE 3 of 6
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-015 SUP
REQUEST FOR SPECIAL USE PERMIT FOR COUNSELING SERVICES
IN THE R-3 RESIDENTIAL DISTRICT
4. The lot has approximately 70’ of frontage parallel with Country Club Road and
one drive entrance with a parking lot located in the behind the house so vehicles
can exit the property driving forward instead of backing onto the street.
5. In 2017, the Planning & Zoning Commission approved a zone change from R-3
Residential to C0-1 Commercial Office District for the contiguous property to the
east addressed as 402 E Country Club Road (Zoning Case 17-003 ZOC) although
the property remains undeveloped at this time.
6. The property to the west at 306 E Country Club Road is a multi-family
development with 15 residential units built in 1998 according to Chaves County
Assessor information.
Google Earth Street View
7. Of the ten service sectors of essential services identified by the Chaves County,
NM 100% New Mexico Initiative, Behavioral Health Care is listed in the top five
services for surviving. The webpage https://www.100nm.org/chaves/faq/#one-1
states that from surveys, “many residents struggle to access these ten services.
With old challenges colliding with new ones, having 50% of residents seeking
behavioral health care and not easily accessing it is deeply troubling. Untreated
mental health challenges, including trauma, are not a recipe for a healthy
individual, family, or community.”
8. The provision of counseling services will benefit the community and is in the
public interest.
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EXHIBIT B
STAFF SUMMARY FOR CASE: 23-015 SUP
REQUEST FOR SPECIAL USE PERMIT FOR COUNSELING SERVICES
IN THE R-3 RESIDENTIAL DISTRICT
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.
5. The 2016 Comprehensive Master Plan Preferred Land Use Scenario Map indicates
High Density City of Roswell Zoning Ordinance Article 16: R-3 Residential District
allows the following Special Use Permits for uses that pertain to the application:
• professional offices up to 10,000 square feet;
• boarding homes, lodging homes, or hostels; as well as
• hospitals and sanitariums.
6. Staff considers the proposed use as compatible with the existing property,
surrounding land uses, traffic generation, and zoning.
7. City of Roswell Zoning Ordinance Article 3 Section 8. Special Uses Paragraph D
allows the Planning and Zoning Commission to “decide whether or not to approve
a request for a special use. In its deliberations, the Planning and Zoning
Commission shall consider the impact of a special use upon the public health,
safety, and welfare of the community; the existing and anticipated
vehicular/pedestrian traffic flows; parking conditions, setbacks, and height;
landscaping and screening; open spaces; signage; lighting; and other items. The
Planning and Zoning Commission shall not approve a special use 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.”
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EXHIBIT B
STAFF SUMMARY FOR CASE: 23-015 SUP
REQUEST FOR SPECIAL USE PERMIT FOR COUNSELING SERVICES
IN THE R-3 RESIDENTIAL DISTRICT
8. The property under consideration is currently under the jurisdiction of the City of
Roswell, New Mexico. The applicant submitted an application to the City of Roswell
Planning & Zoning Office in the Community Development Department requesting
a Special Use Permit to operate a professional office for counseling sessions and
services including boarding rooms for temporary stays as part of mental health
practice in the R-3 Residential Zoning District 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 23-015 SUP to grant the owner of the tenant
space 400 E Country Club Rd a Special Use Permit to operate a professional office
for counseling sessions and services including boarding rooms for temporary
stays as part of mental health practice in the R-3 Residential Zoning District.
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 23-015 SUP.
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EXHIBIT C: 23-015 SUP LETTER NOTIFYING SURROUNDING PROPERTY OWNERS
(Page 1 of 2)
LETTER SENT VIA CERTIFIED MAIL ON JANUARY 5, 2024 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 23-015 SUP
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 23-015 SUP. 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 23-015 SUP: Request for a Special Use Permit in R-3 Residential Zoning
District to operate a professional office for counseling sessions
and services including boarding rooms for temporary stays as
part of mental health practice.
PROPERTY OWNER: Jacob O’Neil and Wendy O’Neil
APPLICANT: David Wright
PROPERTY LOCATION: 400 E Country Club Road
LEGAL DESCRIPTION: Subd: OSMANI-HAMMOND SUMMARY REPLAT Tract: 2 Quarter: NW
S: 28 T: 10S R: 24E DOC# 202202841 WDJT
The City of Roswell Planning and Zoning Commission will hear public comments
on the above zoning cases on Date: TUESDAY, JANUARY 23, 2024 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 Community Development Department 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.
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EXHIBIT C: 23-015 SUP 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, January 19, 2024, 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)
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EXHIBIT D: CASE 23-015 SUP
Request for a Special Use Permit to operate a professional office for
counseling sessions and services including boarding rooms for temporary
stays as part of mental health practice
R-3 Residential Zoning District
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION
AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA
4 5 6
3 2 1 7
PROPERTY UNDER CONSIDERATION – 400 E COUNTRY CLUB ROAD
NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA
21 of 65
EXHIBIT E: 23-015 SUP – NOTIFICATION AREA ADDRESSES
1
JACOB O’NEIL & WENDY O’NEIL
177 POPPY RD
ROSWELL NM 88201
JACOB O’NEIL & WENDY O’NEIL
OR CURRENT OWNER
400 E COUNTRY CLUB RD
ROSWELL NM 88201
DAVID WRIGHT
801 N CALIFORNIA ST
SOCORRO NM 87801
2 (312 E COUNTRY CLUB RD DRIVEWAY FOR #3 306 E COUNTRY CLUB RD)
WILLOW TERRACE, INC
PO BOX 80009
ALBUQUERQUE NM 87198
3
WILLOW TERRACE, INC
306 E COUNTRY CLUB RD
ROSWELL NM 88201
4
GERARDO RUIZ & MARIA RUIZ
803 BARNETT DR
ROSWELL NM 88203
GERARDO RUIZ & MARIA RUIZ
OR CURRENT OWNER
307 E COUNTRY CLUB RD
ROSWELL NM 88201
5
KURT NYHOFF & LILLIAN NYHOFF
311 E COUNTRY CLUB RD
ROSWELL NM 88201
6
MARK R SPALDING
407 E COUNTRY CLUB RD
ROSWELL NM 88201
7 (UNDEVELOPED LOT)
OMAR OSMANI & SANA OSMANI
1 BERRENDO MEADOWS CIR
ROSWELL NM 88201
1
22 of 65
AGENDA ITEM F.2
City of Roswell Planning & Zoning Commission
Zoning Case 24-001 SUP
Planning & Zoning Commission Abstract
Tuesday, January 23, 2024
Roswell Development Services Conference Room
500 N Main Street, Suite 100
ACTION REQUESTED: Planning and Zoning Commission review and approve
a request for a Special Use Permit to operate an event
venue and art classes in the R-3 Residential Zoning
District.
BACKGROUND: Prepared by:
Merideth Hildreth, AICP, Planning & Zoning
Administrator per the application submitted by
applicant.
FINANCIAL CONSIDERATION: There are no additional costs associated with this
request.
REVIEW: The proposed Special Use Permit requires
Planning & Zoning Commission review.
BOARD OR
COMMITTEE ACTION: Request Planning & Zoning Commission review,
discuss, and vote on Zoning Case 24-001 SUP.
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 24-001 SUP at the January 23, 2024
public hearing.
23 of 65
EXHIBIT A 24-001 SUP APPLICATION PAGE 1 OF 3
24 of 65
EXHIBIT A 24-001 SUP APPLICATION PAGE 2 OF 3
25 of 65
EXHIBIT A 24-001 SUP APPLICATION PAGE 3 OF 3
26 of 65
EXHIBIT B
STAFF SUMMARY FOR CASE: 24-001 SUP
REQUEST FOR SPECIAL USE PERMIT FOR EVENT VENUE
IN THE R-3 RESIDENTIAL DISTRICT
Roswell Planning & Zoning Commission
Tuesday, January 23, 2024
Roswell Development Services Conference Room
500 North Main Street, Suite 100 (Sunwest Centre)
Roswell, NM 88201
APPLICATION: CASE 23-015 SUP: Request for a Special Use Permit in the R-3 Residential Zoning
District to operate an event venue and art classes at 417 E Wildy Street.
I. Property Under Consideration:
Property Address: 417 E Wildy Street
Legal Description: Subd: SOUTH HIGHLANDS REDIVISION Block: 12B Lot: 2 AND:-
Lot: 4 AND:- Lot: 6 , , S: 9 T: 11S R: 24E DOC# 202307174 WD.
Property Owner: Omar Echevarria Valentin
II. Site Data:
Site Area: 0.456 acres / 19,875 square feet
UPC(s): 4-136-063-255-060-000000
Existing Land Use: Existing building formerly place of worship
New Hope Center / Centro Nueva Esperanza
Proposed Land Use: Event Venue and Art Classes
Existing Zoning: R-3 Residential District
Table 1: Adjacent Existing Land Use and Zoning to the property under consideration
Direction: Land Use: Zoning:
North Residential R-3
South Residential on south side of Wildy R-2
West Residential R-3
East Residential R-3
Place of Worship
PAGE 1 of 5
27 of 65
EXHIBIT B
STAFF SUMMARY FOR CASE: 24-001 SUP
REQUEST FOR SPECIAL USE PERMIT FOR EVENT VENUE
IN THE R-3 RESIDENTIAL DISTRICT
Maps for 24-001 SUP
Chaves County Assessor’s Map
Zoning Map
PAGE 2 of 5
28 of 65
EXHIBIT B
STAFF SUMMARY FOR CASE: 24-001 SUP
REQUEST FOR SPECIAL USE PERMIT FOR EVENT VENUE
IN THE R-3 RESIDENTIAL DISTRICT
III. Intent of Petition:
The applicant for Zoning Case 24-001 SUP is requesting a Special Use Permit to operate
an event venue and art classes in the R-3 Residential Zoning District on a property that
was previously used as a place of worship. See Exhibit A for a written description.
IV. Planning & Zoning Commission Considerations from Staff Review:
1. The property under consideration is located at 417 E Wildy Street within the City of
Roswell jurisdiction. Chaves County Assessor Information shows a 5,294 sf
building; the original 3,000 sf building was constructed in 1956 and the 2,294 sf
addition was constructed in 1986.
2. The property under consideration is in the R-3 Residential Zoning District.
3. The property is served by both Wildy Street classified as a Local Street and by
Garden Avenue classified as a Major Collector.
4. The lot has approximately 150’ frontage parallel with Wildy Street and
approximately 132’ frontage parallel with Garden Avenue.
5. Parking areas were previously developed by the place of worship in the right-of-
way between the sidewalk and curb. There is approximately 13’ of paved parking
between sidewalk and gutter along Garden for approximately 130’ and
approximately 16’ of parking between sidewalk and gutter along Wildy Street for
approximately 140’. The City Engineer will allow parallel parking in the paved
area on the Garden Avenue side and angled parking on the Wildy Street side.
6. See Floor Plan for the event venue provided in Exhibit F.
STAFF PHOTO VIEW OF EAST SIDE OF PROPERTY FACING GARDEN AVENUE
PAGE 3 of 5
29 of 65
EXHIBIT B
STAFF SUMMARY FOR CASE: 24-001 SUP
REQUEST FOR SPECIAL USE PERMIT FOR EVENT VENUE
IN THE R-3 RESIDENTIAL DISTRICT
STAFF PHOTO VIEW OF SOUTH SIDE OF PROPERTY FACING WILDY STREET
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.
5. City of Roswell Zoning Ordinance Article 16: R-3 Residential District allows
recreation buildings and community centers as well as schools “such as music,
dance, business, commercial, and trade” in the R-3 Residential Zoning District with
a Special Use Permit.
PAGE 4 of 5
30 of 65
EXHIBIT B
STAFF SUMMARY FOR CASE: 24-001 SUP
REQUEST FOR SPECIAL USE PERMIT FOR EVENT VENUE
IN THE R-3 RESIDENTIAL DISTRICT
6. Because the property was previously used as a place of worship, Staff considers
the proposed use as compatible with the existing property, surrounding land
uses, traffic generation, and zoning.
7. City of Roswell Zoning Ordinance Article 3 Section 8. Special Uses Paragraph D
allows the Planning and Zoning Commission to “decide whether or not to approve
a request for a special use. In its deliberations, the Planning and Zoning
Commission shall consider the impact of a special use upon the public health,
safety, and welfare of the community; the existing and anticipated
vehicular/pedestrian traffic flows; parking conditions, setbacks, and height;
landscaping and screening; open spaces; signage; lighting; and other items. The
Planning and Zoning Commission shall not approve a special use 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.”
8. Use of this building is in the public interest. Repurposing this building as an event
venue will prevent the building from deteriorating and will in turn benefit the
neighborhood and community.
9. The property under consideration is currently within the jurisdiction of the City of
Roswell, New Mexico.
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 24-001 SUP to grant the owner of 417 E Wildy
Street a Special Use Permit to operate an event venue and art classes in the R-
3 Residential Zoning District.
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 24-001 SUP.
PAGE 5 of 5
31 of 65
EXHIBIT C: 24-001 SUP LETTER NOTIFYING SURROUNDING PROPERTY OWNERS
(Page 1 of 2)
LETTER SENT VIA CERTIFIED MAIL ON JANUARY 5, 2024 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 24-001 SUP
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 24-001 SUP. 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 24-001 SUP: Request for a Special Use Permit in R-3 Residential Zoning
District to operate an event venue and art classes.
PROPERTY OWNER: Omar Echevarria Valentin
APPLICANT: Omar Echevarria Valentin
PROPERTY LOCATION: 417 E Wildy Street
LEGAL DESCRIPTION: Subd: SOUTH HIGHLANDS REDIVISION Block: 12B Lot: 2 AND:- Lot:
4 AND:- Lot: 6 , , S: 9 T: 11S R: 24E DOC# 202307174 WD
The City of Roswell Planning and Zoning Commission will hear public comments
on the above zoning cases on Date: TUESDAY, JANUARY 23, 2024 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 Community Development Department 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.
32 of 65
EXHIBIT C: 24-001 SUP 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, January 19, 2024, 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)
33 of 65
EXHIBIT D: CASE 24-001 SUP
Request for a Special Use Permit to operate an event venue and art classes
in the R-3 Residential Zoning District at 417 E Wildy Street
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION
AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA
4 5 6 7 8 9
3 2 1
10
11
16 14
12
15
13
PROPERTY UNDER CONSIDERATION – 417 E WILDY STREET
NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA
34 of 65
EXHIBIT E: 24-001 SUP – NOTIFICATION AREA ADDRESSES
1
OMAR ECHEVARRIA VALENTIN
811 E ALBUQUERQUE ST
ROSWELL NM 88203
2
MA ANTONIETA A MARISCAL
415 E WILDY ST
ROSWELL NM 88203
3
LORENZO MORONES, ET UX
411 E WILDY ST
ROSWELL NM 88203
4
TERESA CLEMENZA JOYCE
5109 BEECH GROVE DR
ARLINGTON, TX 76018
TERESA CLEMENZA JOYCE
OR CURRENT OWNER
412 E FOREST ST
ROSWELL NM 88203
5
DAVID E HERNANDEZ
414 E FOREST ST
ROSWELL NM 88203
DAVID E HERNANDEZ
416 E FOREST ST
ROSWELL NM 88203
6
HECTOR DANIEL NAVARRO DELGADO
MARIVEL NAVARRO
418 E FOREST ST
ROSWELL NM 88203
1
35 of 65
EXHIBIT E: 24-001 SUP – NOTIFICATION AREA ADDRESSES
7
SANDRA P GUTIERREZ-RODRIGUEZ
JAYLENE A GARCIA
420 E FOREST
ROSWELL NM 88203
8
GONZALES & MCCARTHY LIVING TRUST
DANIEL RONALD MCCARTHY & RACHEL ANN GONZALES -TTES
312 SOULE AVE
PLEASANT HILL CA 94523
GONZALES & MCCARTHY LIVING TRUST
OR CURRENT OWNER
500 E FOREST ST
ROSWELL NM 88203
9
CANDELARIO HERRERA
MARILU DE LA CRUZ
1100 E PLUM ST
ROSWELL NM 88201
CANDELARIO HERRERA & MARILU DE LA CRUZ
OR CURRENT OWNER
502 E FOREST ST
ROSWELL NM 88203
10, 11 (UNDEVELOPED LOT 1401 S GARDEN AVE), 12 (UNDEVELOPED LOT 1403 S GARDEN)
TEMPLO LA HERMOSA FIRST SPANISH ASSEMBLY OF GOD
PO BOX 8006
ROSWELL NM 88202
TEMPLO LA HERMOSA ASSEMBLY OF GOD
OR CURRENT OWNER
501 E WILDY ST
ROSWELL NM 88203
2
36 of 65
EXHIBIT E: 24-001 SUP – NOTIFICATION AREA ADDRESSES
13
CATARINO RANGEL JR
GUADALUPE RANGEL
1402 S GARDEN AVE
ROSWELL NM 88203
14
ROSE ZAVALA & MARIA ZAVALA
504 E HOBBS ST
ROSWELL NM 88203
ROSE ZAVALA & MARIA ZAVALA
1400 S GARDEN AVE
ROSWELL NM 88203
15
CANYON PEAK 2 LLC
1030 W 185TH ST
GARDENA, CA 90248
CANYON PEAK 2 LLC
OR CURRENT OWNER
1403 S JACKSON AVE
ROSWELL NM 88203
16
LAURA C AUGIRRE & MARIA L VEGA
PO BOX 21
HAGERMAN NM 88232-0021
LAURA C AUGIRRE & MARIA L VEGA
OR CURRENT OWNER
1401 S JACKSON AVE
ROSWELL NM 88203
3
37 of 65
EXHIBIT F 24-001 SUP: FLOOR PLAN FOR THE JC EVENT VENUE
38 of 65
ABSTRACT FOR AGENDA ITEM F.3
City of Roswell Planning & Zoning Commission
Zoning Case 23-007 Annex
Roswell Planning & Zoning Commission
Tuesday, January 23, 2024
Roswell Development Services Conference Room
500 North Main Street, Suite 100 (Sunwest Centre)
Roswell, NM 88201
ACTION REQUESTED: Planning and Zoning Commission consider a request
for annexation into the City of Roswell Municipal
Boundary of a 10-acre tract located at 402 E Brasher
Road.
BACKGROUND: Prepared by:
Merideth Hildreth, AICP, Planning & Zoning
Administrator and Miguel Martinez, CZO, Planner
II per application submitted by property owner.
FINANCIAL CONSIDERATION: There are no additional costs associated with this
request.
REVIEW: The proposed Annexation requires Planning &
Zoning Commission review and recommendation
that will be forwarded to City Council for review
and final decision.
BOARD OR
COMMITTEE ACTION: Request Planning & Zoning Commission review,
discuss, and vote on Zoning Case 23-007 ANNEX.
STAFF RECOMMENDATION: Based upon the Land Use and Zoning
Considerations, Findings of Fact, Conclusions of
Law, Staff Recommendation, and materials
provided, the Planning & Zoning Commission is
requested to review, introduce a motion, and vote
to approve Zoning Case 23-007 ANNEX at the
January 23, 2024 public hearing.
39 of 65
ANNEX
1.23.2024
X
X
X
X
40 of 65
EXHIBIT A.1 23-007 ANNEX PETITION
41 of 65
EXHIBIT A.2 23-007 ANNEX: PROPERTY WARRANTY DEED
42 of 65
43 of 65
44 of 65
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-007 ANNEX
REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY
Roswell Planning & Zoning Commission
Tuesday, January 23, 2024
Roswell Development Services Conference Room
500 North Main Street, Suite 100 (Sunwest Centre)
Roswell, NM 88201
APPLICATION: CASE 23-007 ANNEX: Request for annexation of 10 acres into City of Roswell
Municipal Boundary at 402 E Brasher Rd.
I. Property Under Consideration:
Property Address: 402 E Brasher Road
Legal Description: 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
Applicant: Carreon Spooling Services LLC
II. Site Data:
Site Area: 10 acres
UPC(s): 4-136-065-169-042-000000
Existing Land Use: Undeveloped
Proposed Land Use: Locate industrial business in city limits
Existing Zoning: Rural Suburban located in Chaves County ETZ
Table 1: Adjacent Existing Land Use and Zoning to the property under consideration
Direction: Land Use: Zoning:
North FedEx and Vacant Land on north side of Brasher Road I-1
South Undeveloped Land County
West Legendary Services I-1
East Undeveloped Land with overhead power lines County
45 of 65 PAGE 1 of 8
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-007 ANNEX
REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY
Maps for 23-007 ANNEX
Main St
Chaves County Assessor’s Map
City of Roswell Zoning Map
46 of 65 PAGE 2 of 8
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-007 ANNEX
REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY
III. Intent of Petition:
The applicant for Zoning Case 23-007 ANNEX is requesting annexation of 10 acres into
City of Roswell Municipal Boundary at 402 E Brasher Rd. The property owner/applicant
submitted a Petition for Voluntary Annexation (Exhibit A.1) and a Warranty Deed (Exhibit
A.2).
IV. Planning & Zoning Commission Considerations from Staff Review:
1. The property under consideration is located in the Chaves County Extraterritorial
Zone (ETZ).
2. The property under consideration is identified as a top priority annexation area
on the 2016 Comprehensive Master Plan Annexation Priority Map.
S Main St
Brasher Rd
Proposed
area to
annex
3. Proposed use for property is an I-1 Light Industrial use that is compatible with
the surrounding area “preferred development” as indicated on the 2016
Comprehensive Master Plan Preferred Land Use Scenario Map (see map on page 5
of this document).
47 of 65 PAGE 3 of 8
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-007 ANNEX
REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY
4. Contiguous property to the west and property across the street on the north
side of Brasher Road located with the City of Roswell Municipal Boundary are
zoned I-1 Light Industrial.
5. Contiguous property to the south and east are located in the Chaves County
Extraterritorial Zone. The 10-acre property under consideration was subdivided
from the parent property (originally 39.711 acres) on April 6, 2023 (Exhibit F). The
parent property is undeveloped except for overhead powerlines in an easement.
Excerpt of Land Division of the NE ¼ NW ¼ OF SECTION 21, TOWNSHIP 11
SOUTH, RANGE 24 East by LT Surveying
Google Earth Street View of Property looking southwest from Brasher Road
48 of 65 PAGE 4 of 8
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-007 ANNEX
REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY
6. Brasher Road is classified as a Minor Arterial on the 2016 Functional Street
Classification Plan.
7. City of Roswell water and sanitary sewer service lines are located on the north
side of Brasher Road and are available to serve the property under
consideration for annexation.
8. Exhibit G is the Carrion Annexation Plat.
9. Louis Jaramillo, CFM, CZO, Director of Chaves County Planning and Zoning
submitted a letter an updated January 19, 2024 conveying Chaves County’s
support for the annexation (See Exhibit H).
10. The City of Roswell City Engineer has reviewed the Carreon Annexation Plat.
11. If Roswell City Council approves the annexation, the applicant intends to request
a zone change to the City’s I-1 Light Industrial District.
Excerpt from 2016 Comprehensive Master Plan Preferred Land Use Scenario Map
49 of 65 PAGE 5 of 8
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-007 ANNEX
REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY
Staff Photo: View of Property looking southwest toward
402 E Brasher Road & 400 E Brasher Road
Staff Photo: View of Property looking southeast toward
402 E Brasher Road.
50 of 65 PAGE 6 of 8
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-007 ANNEX
REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY
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.
5. City of Roswell Zoning Ordinance Article 3: Procedures, Amendments, and
Changes; Section 7. Annexation of Territory contains the provisions for
annexation.
6. The property under consideration is currently under the jurisdiction of the County
of Chaves in New Mexico, and the owner submitted a voluntary petition and an
application to the City of Roswell Planning & Zoning Office in the Community
Development Department requesting annexation to the 10-acre tract, and LT
Surveying has surveyed the property and drawn the Carrion Annexation Plat for
consideration by the Roswell Planning & Zoning Commission and Roswell City
Council.
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 and
Subdivision Code, Staff recommends: Approval of Zoning Case 23-007 ANNEX to
grant annexation into the City of Roswell Municipal Boundary of the 10-acre property
located at 402 E Brasher Road.
51 of 65 PAGE 7 of 8
EXHIBIT B
STAFF SUMMARY FOR CASE: 23-007 ANNEX
REQUEST FOR ANNEXATION OF 10 ACRES INTO CITY BOUNDARY
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 case Zoning Case 23-007 ANNEX to
City Council with Findings of Fact and Conclusions of Law.
52 of 65 PAGE 8 of 8
EXHIBIT C: 23-007 ANNEX LETTER NOTIFYING SURROUNDING PROPERTY OWNERS
(Page 1 of 2)
LETTER SENT VIA CERTIFIED MAIL ON JANUARY 5, 2024 TO SURROUNDING PROPERTY OWNERS
COMMUNITY DEVELOPMENT DEPARTMENT
500 N Main St Ste 100
Roswell, NM 88201
Telephone: (575) 637.6294
RE: PUBLIC HEARING NOTICE for ZONING CASE 23-007 ANNEX
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 23-007 ANNEX. 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 23-007 ANNEX Request for annexation into City of Roswell boundary
PROPERTY OWNER: Carreon Spooling Services LLC
APPLICANT: Juan Carreon
PROPERTY LOCATION: 402 E Brasher Rd
LEGAL DESCRIPTION: 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
The City of Roswell Planning and Zoning Commission will hear public comments
on the above zoning cases on Date: TUESDAY, JANUARY 23, 2024 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 Community Development Department 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.
53 of 65
EXHIBIT C: 23-007 ANNEX 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, January 19, 2024, 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)
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EXHIBIT D: CASE 23-007 ANNEX
Request for annexation of a 10.00-acre property
into City of Roswell boundary
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION
AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA
6 5 4 3
7
1 2
PROPERTY UNDER CONSIDERATION – 402 E BRASHER ROAD
NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA
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EXHIBIT E: 23-007 ANNEX – NOTIFICATION AREA ADDRESSES
Chaves County Planning Dept
Att: Louis Jaramillo
PO Box 1817
Roswell NM 88202
1 (Owner of 402 E Brasher Rd – UNDEVELOPED TRACT)
Carreon Spooling Services LLC
25 Haley Cir
Roswell NM 88201
2 (UNDEVELOPED TRACT EXCEPT FOR OVERHEAD POWER TRANSMISSION LINES)
Anna Mae De Graff Estate
VW Properties LLC
6620 E Calle Castor
Tucson AZ 85710
3
Westco Roswell LLC
FED EX Ground Package System Inc
Attn: Real Estate
1000 FED EX Dr
Moon Township PA 15108
FED EX
Tenant or Property Manager
419 E Brasher Rd
Roswell NM 88203
4 & 5 (UNDEVELOPED LOTS)
City of Roswell
6
FEDEX Freight West Inc
c/o Burke & Associates LLC
3336 E 32nd St Ste 217
Tulsa OK 74135-4442
FEDEX FREIGHT WEST INC
Tenant or Property Owner
401 E Brasher Rd
Roswell NM 88203
1
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EXHIBIT E: 23-007 ANNEX – NOTIFICATION AREA ADDRESSES
7
Buena Vida Properties LLC
PO Box 1091
Lovington NM 88260
Buena Vida Properties LLC
Or Current Property Owner
400 E Brasher Rd
Roswell NM 88203
2
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EXHIBIT F 23-007 ANNEX:
LAND DIVISION PLAT
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EXHIBIT G 23-007 ANNEX: CARREON ANNEXATION PLAT
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EXHIBIT H: 23-007 ANNEX CHAVES COUNTY LETTER
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EXHIBIT I: 23-007 ANNEX
ORDINANCE NO. 24-XX
AN ORDINANCE OF THE CITY OF ROSWELL ANNEXING A CERTAIN TRACT OF
LAND BEING TRACT 1 OF LAND DIVISION OF THE NE1/4NW1/4 OF SECTION
21, TOWNSHIP 11 SOUTH, RANGE 24 EAST DOC# 202302847 WD CONTAINING
10.00 ACRES MORE OR LESS; PROVIDING FOR REPEAL OF ALL ORDINANCES
OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY AND FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE GOVERNING BODY, THE CITY COUNCIL OF
ROSWELL, NEW MEXICO THAT:
WHEREAS, Petition has heretofore been filed seeking annexation of certain lands
to the City of Roswell, New Mexico, under and by virtue of the provision of 3-7-17
NMSA 1978, known as the “Petition Method," said lands being described as:
CARREON ANNEXATION PLAT: THE ANNEXATION OF TRACT 1 OF THE
LAND DIVISION OF THE NE1/4NW1/4 OF SECTION 21, TOWNSHIP 11
SOUTH, RANGE 24 EAST, N.M.P.M., CONTAINING 10.00 ACRES MORE OR
LESS IN CHAVES COUNTY, NEW MEXICO.
WHEREAS, Said territory hereby sought to be annexed is contiguous to the
municipality, and the petitioner represents a majority of the number of acres sought
to be annexed; the petition for annexation is accompanied by a map showing the
external boundary of the territory proposed to be annexed and the relationship of
said territory to the existing boundary of the municipality, and if municipal services
can be made available to said territory hereby sought to be annexed.
Section 1. ANNEXATION.
Said parcels or tracts of land herein above described, and the same hereby are
annexed as part and parcel of the City of Roswell, New Mexico, for all legal purposes.
Section 2. APPEAL.
Within thirty (30) days after the filing of authenticated copy of this ordinance with
survey plat attachment in the office of the County Clerk as aforesaid, any person
aggrieved may appeal to the District court for review of the validity of the annexation
proceedings herein.
Section 3. REPEALER.
All ordinances, parts of ordinances or sections of the Municipal Code in conflict or
inconsistent herewith be, and the same hereby are repealed to the extent of such
conflict or inconsistency. This repealer is not to be construed as reviving any
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ordinances, parts of ordinances or sections of the Municipal Code heretofore
repealed.
Section 4. SEVERABILITY.
If any section, paragraph, clause or provision of this ordinance should for any reason
be held invalid or unenforceable, such invalidity or unenforceability shall not affect
any other part of this ordinance.
Section 5. EFFECTIVE DATE.
This annexation shall be and become effective after the filing of a duly authenticated
copy of this ordinance, together with an official survey plat of the territory hereby
annexed in the office of the County Clerk of Chaves County, New Mexico; provided
that the effective date hereof shall not be less than five (5) days after publication
hereof.
PASSED, ADOPTED, SIGNED and APPROVED the 14th day of March, 2024.
CITY SEAL
____________________________
Timothy Z. Jennings, Mayor
ATTEST:
_____________________________
Amalia Martinez, City Clerk
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ABSRACT FOR AGENDA ITEM G.1
City of Roswell Planning & Zoning Commission
P&Z Commission Meeting Schedule 2024
Planning & Zoning Commission Abstract
Tuesday, January 23, 2024
Roswell Development Services Conference Room
500 N Main Street, Suite 100
ACTION REQUESTED: For informational purposes to provide the Planning
and Zoning Commission with the 2024 meeting
schedule and discuss potential workshops and a
potential comprehensive plan update.
BACKGROUND: Prepared by:
Merideth Hildreth, AICP, Planning & Zoning
Administrator.
FINANCIAL CONSIDERATION: There are no additional costs associated with this
request.
REVIEW: Meeting schedule provided for informational
purposes. P&Z Commission may discuss adding
workshops, training, etc.
BOARD OR
COMMITTEE ACTION: For informational purposes and discussion of
additional workshops.
STAFF RECOMMENDATION: No formal action by Planning & Zoning
Commission.
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G.1 EXHIBIT A
City of Roswell Planning & Zoning Commission
2024 Regular Meeting Schedule
Roswell Planning & Zoning Commission
Tuesday, January 23, 2024
Roswell Development Services Conference Room
500 North Main Street, Suite 100 (Sunwest Centre)
Roswell, NM 88201
2024 Regular Meeting Schedule
January 23 - 6:00 p.m.
February 27 - 6:00 p.m.
March 26 - 6:00 p.m.
April 23 - 6:00 p.m.
May 28 - 6:00 p.m.
June 25 - 6:00 p.m.
July 23 - 6:00 p.m.
August 27 - 6:00 p.m.
September 24 - 6:00 p.m.
October 22 - 6:00 p.m.
November 19 6:00 p.m. (Third Tuesday)*
December 17 6:00 p.m. (Third Tuesday)
*Note: Thanksgiving is on November 28, 2024
PAGE 1 of 1
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ABSTRACT FOR AGENDA ITEM G.2
City of Roswell Planning & Zoning Commission
P&Z Commissioner Appointment Recommendation
Planning & Zoning Commission Abstract
Tuesday, January 23, 2024
Roswell Development Services Conference Room
500 N Main Street, Suite 100
ACTION REQUESTED: Planning and Zoning Commission make
recommendation to Mayor Jennings for appointment
of Planning & Zoning Commissioner Position 3 for the
term of April 1, 2024 to March 31, 2028.
BACKGROUND: Prepared by:
Merideth Hildreth, AICP, Planning & Zoning
Administrator.
FINANCIAL CONSIDERATION: There are no additional costs associated with this
request.
REVIEW: Commissioner Steve Henderson’s first term as
Planning & Zoning Commissioner Position 3
expires on March 31, 2024. P&Z Commissioner’s
may serve two full terms. Commissioner
Henderson has expressed interest in serving a
second term.
BOARD OR
COMMITTEE ACTION: Request Planning & Zoning Commission discuss,
and vote on a recommendation to fill Planning &
Zoning Commissioner Position 3 to be forwarded
to Mayor Jennings and if accepted by Mayor
Jennings to be voted on by the full City Council.
STAFF RECOMMENDATION: Staff recommends Planning & Zoning Commission
consider this request, make a motion and vote on
a recommendation to fill Commissioner Position 3
that expires on March 31, 2024.
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