Planning & Zoning Commission

P&Z REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, February 27, 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 24-02. A. CALL TO ORDER AND WELCOME – Chair David Storey Chair Storey called to order the regular meeting of the Planning & Zoning Commission at approximately 6:01 p.m. B. ROLL-CALL David Storey Present Saul Aguilar Present Jesse McDaniel Present Jana Lessard Present Steve Henderson Present 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 Louis Najar, P.E., City Engineer James MacCornack, P.E., Senior Engineer Audience Members Present: Jesse McDaniel, Charles Beck, Michael Harvey, Jan Elisabeth, Gordon Wilson, Rebecca Kolker, Anthony Sanchez, Tony Mabe, Monica Rodriguez-Hudson, Kevey Mabe, Richard Gould, Eliuth Salcido, Melanie Salcido, Jose Luis Salcedo, Mayra Salcido, Matt Kenicott, Alicia Gilmore. C. SWEARING IN: Commissioner Steve Henderson swore in staff and members of the audience. 1 D. APPROVAL OF THE AGENDA Consider approval of the February 27, 2024 Planning & Zoning Commission meeting agenda. Commissioner Lessard MOTIONED to approve the Tuesday, February 27, 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, Steve Henderson-yes, Richard Gutierrez-yes, Greg Holman- yes the motion passed 7-0. E. APPROVAL OF MINUTES: Consider approval of the January 23, 2024 REVISED Planning & Zoning Commission meeting minutes AS AMENDED. Commissioner McDaniel MOTIONED to approve the minutes of the January 23, 2024 Planning & Zoning Commission meeting as amended. 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 recusing himself. F. PUBLIC HEARING ITEMS: 1. Chair Storey introduced CASE 24-002 FPLAT: Request for a Minor Subdivision Final Plat in the R-3 Residential Zoning District to plat seven lots to build residential dwelling units in the 1200 Block of N Richardson Avenue. Commissioner Jesse McDaniel recused himself at 6:05 p.m. Commissioner Aguilar MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-002 FPLAT. SECONDED by Commissioner Gutierrez. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Steve Henderson-yes, Jana Lessard-yes, Richard Gutierrez-yes, Greg Holman-yes the motion passed 6-0 with Jesse McDaniel recusing himself. Ms. Merideth Hildreth: Presented Case 24-002 FPLAT. Commissioner Henderson: asked about the easement and trash pick-up. Mr. Louis Najar: The 15’ easement is for sewer only. Trash pick-up would be individual 90-gallon cans in front of houses along 12th Street. Chair Storey: Is there anyone wishing to speak in favor of Case 24-002 FPLAT? In Favor: Jesse McDaniel spoke in favor of the subdivision to develop single family houses on the seven lots. Gordon Wilson: 212 W 13th Street. What type of housing? Jesse McDaniel: Single-family houses. Chair Storey: Is there anyone wishing to speak against Case 24-002 FPLAT Against: 2 Anthony Sanchez: 5218 Beargrass. It feels like the four small lots are too small and it will be too congested with cars. Commissioner Holman: asked Louis a question about density. Mr. Louis Najar: shared a paper copy of the floor plan. Mr. Miguel Martinez clarified that 4,500 square feet is the minimum lot size in R- 3. Chair Storey: Is there anyone wishing to speak against Case 24-002 FPLAT? Charles Beck: 1111 N Pennsylvania Avenue. The city needs more medium size homes in the area. Chair Storey: Is there anyone else in the audience wishing to speak against Case 24-002 FPLAT? Michael Harvey: 1203 N Pennsylvania. Will this raise property taxes? Mr. Louis Najar: Taxes are based on structures as far as the tax rate. Jesse McDaniel: Tax rates don’t change to surrounding properties. Motion – 24-002 FPLAT Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance and Subdivision Ordinance, materials presented, and testimony received, Commissioner Lessard MOTIONED to recommend approval of Zoning Case 24-002 FPLAT to City Council. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jana Lessard-yes, Steve Henderson-yes, Richard Gutierrez-yes, Greg Holman- yes the motion passed 6-0 with Jesse McDaniel recusing himself. 2. Chair Storey introduced CASE 24-003 VAR: Request for a variance to the front yard setback in the R-2 Residential Zoning District at 2705 S Onyx Drive. Chair Storey: Let the record show that Commissioner Jesse McDaniel returned to the dais at 6:36 p.m. Commissioner Lessard MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-003 VAR SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Richard Gutierrez- yes, Greg Holman-yes the motion passed 7-0. Ms. Merideth Hildreth: Presented Case 24-003 VAR Chair Storey: Is there anyone wishing to speak in favor of Case 24-003 VAR? In Favor: Tony Mabe: 10 W Ave B in Lovington. The reason it happened was that XCEL set a utility pole in the alley and we missed using the correct pin. Chair Storey: Is there anyone wishing to speak against Case 24-003 VAR? Against: None 3  Motion – 24-003 VAR 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 Ordinance, materials presented, and testimony received, with the addition that this shall not set a precedent for the neighborhood and this builder shall not do this again, Commissioner Lessard MOTIONED to approve Zoning Case 24-003 VAR. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Richard Gutierrez- yes, Greg Holman-yes the motion passed 7-0. 3. Chair Storey introduced CASE 24-005 CANN: Request for approval of a Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment at 1725 SE Main Street Suite B. Commissioner Aguilar MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-005 CANN. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Richard Gutierrez- yes, Greg Holman-yes the motion passed 7-0. Ms. Merideth Hildreth: Presented Case 24-005 CANN. Mr. Louis Najar: The city received a grant to do a Safe Streets for All study. James MacCornack has maps of crash data to share with you. James MacCornack: introduced crash data maps to the Planning & Zoning Commissioners with data from the past three years in the vicinity of the proposed cannabis establishment. Freese and Nichols generated the maps for the Safe Streets for All SS4A study. Chair Storey: Is there anyone wishing to speak in favor of Case 24-005 CANN? In Favor: Matt Kenicott: 539 Harold Drive in Socorro, New Mexico spoke on behalf of the 285 South Dispensary, LLC. Chair Storey: Is there anyone wishing to speak against Case 24-005 CANN? Against: None 4  Motion – 24-005 CANN Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance, Article 27 of the Municipal Code, materials presented, and testimony received, Commissioner Gutierrez MOTIONED to recommend approval of Zoning Case 24-005 CANN to City Council. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-no, Steve Henderson-yes, Richard Gutierrez- yes, Greg Holman-no the motion passed 5-2. G. OTHER BUSINESS 1. Chair Storey introduced Other Business, an update on Planning & Zoning Commissioner appointments. Ms. Merideth Hildreth: Presented the Planning & Zoning Commissioner Terms. Commissioners may serve two consecutive terms. Four Commissioners’ terms expire on March 31, 2024: Position 3 Commissioner Henderson’s First Term expires. Commissioner Henderson submitted an application to the City Clerk to apply for a second term. Position 1 Commissioner Gutierrez’s First Term expires. Commissioner Gutierrez submitted an application to the City Clerk to apply for a second term. The March 14, 2023 City Council Agenda will include appointments to the Planning & Zoning Commission. Position 5 Commissioner McDaniel’s second consecutive term expires on March 31, 2024. Position 6 Chair Storey’s second consecutive term expires on March 31, 2024. The City Clerk is taking applications to fill Planning & Zoning Commissioner Position 5 and Position 6. An audience member may wish to address the Commission during Public Comments. H. PUBLIC COMMENTS Alicia Gilmore introduced herself and stated she submitted an application to be considered for an appointment to the Planning & Zoning Commission. I. ANNOUNCEMENTS J. ADJOURN Chair Storey adjourned the meeting at 7:25 p.m. 5